MINISTRY OF HEALTH TENDER FOR SUPPLY OF … … · · 2015-01-12tender for supply of dental equipment and accessories for government hospitals and ... • the original tender document

REPUBLIC OF BOTSWANA

MINISTRY OF HEALTH

TENDER FOR SUPPLY OF DENTAL EQUIPMENT AND ACCESSORIES FOR GOVERNMENT HOSPITALS AND CLINICS

REFERENCE NO. MTC/MOH/CLS/SUP/8630/13082014

Date: AUGUST 2014

NAME AND ADDRESS DETAILS OF PROCURING DEPARTMENT AND ITS AGENT PREPARING THE DOCUMENTS

PROCURING DEPARTMENT AGENT

Ministry of Health, Department of Clinical Services. Private Bag 00355, Bontleng, Gaborone, Botswana

Mr. M. Bafana, Biomedical Engineering Services, Department of Clinical Services, Tel. 3632580/2698, Fax 3121193

Page 2 of 50 Tender Document

Republic of Botswana TENDER

TENDER: TENDER FOR SUPPLY OF DENTAL EQUIPMENT AND ACCESSORIES FOR GOVERNMENT HOSPITALS AND CLINICS

TENDERING PROCEDURES

T1.1 Invitation to Tender

T1.2 Tender Data

T1.3 Standardized conditions of tender


Republic of Botswana TENDER INVITATION TO TENDER

TENDER NOTICE

Tender Ref No MTC/MOH/CLS/SUP/8630/13082014


• Tenders are invited for TENDER FOR SUPPLY OF DENTAL EQUIPMENT AND ACCESSORIES FOR GOVERNMENT HOSPITALS AND CLINICS

• The Procuring Department is Clinical Services.

• Open Domestic Tender

• Bidders shall, in order to be considered for the award of the contract, have PPADB Registration Certificate with Code 202 Sub-code 05, for Radiology equipment bidders shall in order to be considered have PPADB registration certificate with code 202 sub-code 08, be appropriately licensed to trade, manufacture and/or supply the items and in possession of requisite documentation to import, manufacture and/or sell such items according to the laws of Botswana.Preferences in accordance with the provisions of the Public Procurements and Asset Disposal Act 2001 shall apply to the contract, as per the applicable Presidential Directives.

• The physical address for collection of tender documents is: Ministry of Health Headquarters, Department of Clinical Services, Plot No. 54609 Government Enclave, Office no. 9A11 Documents may be collected during working hours from 0900 hrs -1600hrs on Monday to Friday, with effect from 15/12/2014

• A non-refundable deposit of P500.00 payable by cash is required on collection of the tender documents. Please pay at office 3B.8.

• Queries relating to the issue of these documents may be addressed to Director of Clinical Services, Private Bag 00355, Gaborone, Fax No. 3121193 Att: Mr. M. Bafana Tel: 3632698; email: [email protected]

• The ORIGINAL tender document plus four DUPLICATE COPIES in sealed envelopes marked“BIDDER’S NAME: “……………………………” ........................... TENDER FOR SUPPLY OF DENTAL EQUIPMENT AND ACCESSORIES FOR GOVERNMENT HOSPITALS AND CLINICS shall be delivered To Department of Supplies, Office 4D9, Plot 54609, Government Enclave, Ministry of Health. The original must be marked original and will be retained by the Ministerial Tender Committee for reference purposes.

• The closing time for receipt of tender offers is 1000hrs hours on 30/01/2015 Late tender offers will not be accepted. Tender will be opened in the presence of bidders wishing to attend.

• Telegraphic, Telex, telephone, email tenders will NOT be considered.

• Name and addresses of bidders must be reflected on The outer envelopes or boxes.

The Public Procurement and Asset Disposal Board’s Standardised Conditions of Tender apply to this procurement, for which all the applicable Tender Data is contained in the tender documents. Notwithstanding anything in the foregoing, the Government of Botswana is not bound to accept the lowest or any tender offer, nor incur expenses in the preparation thereof.

_____________________________L. C. MANATSHASECRETARY

MINISTERIAL TENDER COMMITTEEMINISTRY OF HEALTH

mailto:[email protected]


Republic of Botswana TENDER TENDERING PROCEDURES

TENDER DATA AND INSTRUCTIONS

Title of the Contract: - TENDER FOR SUPPLY OF DENTAL EQUIPMENT AND ACCESSORIES FOR GOVERNMENT HOSPITALS AND CLINICS

The conditions of tender are the Standardised Conditions of Tender as published by the Public Procurement and Asset Disposal Board.

The Standardised Conditions of Tender make several references to the Tender Data for details that apply specifically to this tender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the Standardised Conditions of Tender.

Each item of data given below is cross-referenced to the clause in the Standardised Conditions of Tender to which it mainly applies. There are many other clauses in which the data is required.

1.1 The Procuring Department is Clinical Services of Ministry of Health

1.2 The tender documents issued by the Procuring Department comprise:

One volume approach

TENDER SECTION

Tendering ProceduresTender Notice & Invitation to TenderTender Data and InstructionsList of returnable documentsTender Schedules

CONTRACT SECTION

Part 1 Agreements & Contract DataForm of Offer & AcceptanceCertificate of authority of signatoryContract Data

Part 2 Pricing DataPricing InstructionsSchedule of quantities

Part 3 Scope of work


1.666663

The Procuring Department’s agent is: Mr M BafanaDepartment of Clinical Services, Plot No. 54609 Government Enclave, Ministry of Health, Gaborone Botswana, office No. 6A13Tel 3632698/2580 Fax 3121193 E mail: [email protected]

2 ELIGIBILTY

2.1 The eligibility criteria for bidders:

Bidders must, in order to be considered for award of the contract comply with the following:

1. Submission of a valid certified copy of the original of Tax clearance certificate issued by Botswana Unified Revenue Services

2. Submission of a valid certified copy of the original PPADB Registration certificate with Code 202 Sub-code 05.

3. Form of Authority signatory

4. Signed Declaration of Shareholders and Directors Form including attachments required therein, that is, Forms 2(b) and 2 (c) from the registrar of companies

5. Proof 100% citizen ownership

PREFERENTIAL TREATMENT

For preferential treatment for Citizen Owned Companies (Economic Diversification Drive of 2010 ) bidders should submit the following; Proof of PPADB citizen owned company registration as per Economic Diversification Drive of 2010 Preference per type of company is as follows:

• 10% preference for Sole Citizen Company• 15% preference for Joint Venture between citizen owned companies• 5% preference for Joint venture between citizen and non-citizen

Preference will be above the unit (DDP + Vat) Quoted by the lowest registered International Supplier (Manufacturer)

2.1 3

The prices and rates are to be stated in Botswana Pula currency. The price shall include delivery DPPto Health Facilities or to such place referred to in the schedule of quantities inclusive of Insurance, packaging, Transportation, Wages, Material Costs and Overheads and the net of all discount being allowed.

2.20

Parts of each tender offer communicated on paper shall be submitted in five copies (5), one marked original and four (4) marked duplicate copies in plain envelope.

2.222.24

The address for delivery of tender offers and identification details to be shown on each tender offer package are

Supplies DepartmentClinical ServicesOffice 4D9Plot 54609Government EnclaveMinistry of HealthGaborone

IDENTIFICATION: TENDER FOR SUPPLY OF DENTAL EQUIPMENT AND ACCESSORIES FOR GOVERNMENT HOSPITALS AND CLINICS

mailto:[email protected]


2.233.6

A Two-envelope procedure will not be followed. Submit technical bid and financial bid in one envelope.

2.26

The closing time for submission of tender offers is:1000 hrs on 30/01/2015

2.27

Telephonic, telegraphic, telex, facsimile or emailed tender offers will not be accepted.

2.28

The tender validity period is 180 days from the closing date

3.4 The time and location for opening of the tender offers is: Time 1100 hrs on 30/01/2015Location: Tender opening room Ministry of Health, (6A-19)


TENDER REQUIREMENTS

ATTENTION;3.1 FORMAT OF RESPONSE

All bidders shall prepare their tender submissions in a manner and format described below, numbering all pages in a chronological manner for easy referencing;

1. The first documents should be a cover letter stating the following: delivery terms, expiry/warranty, tender validity, currency used, postal address, physical address and telephone numbers.

2. The second documents shall be the eligibility documents like certified copies of trade licenses and certified copies of Tax Clearance certificate.

3. The third documents shall be a series of other returnable documents including the schedule of quantities showing ALL the items tendered for. The bidder shall indicate against each item where it is quoted for by inserting QUOTE or NO QUOTE.

4. The fourth document shall be an index of all offers according to the item/serial number in the tender.

5. The completed documents must be bound using a ring, spiral binder or lever-arch files.The Ministry of Health shall not be responsible for loose, slide bound or stapled documents that could be lost or damaged during handling

6. Each item should be under one INDEX MARKER. Under each index marker the following documents must be submitted;

5.1 The bidder’s response to the Department of Clinical Services specifications.

5.2 Brochures/catalogue, legible and clearly labelled.Brochures should contain all features offered, that is the picture and a technical data sheet for the specifications in English. A company contact details, which are company address, telephone number and or fax number.

5.3 Manufacturer/MakeDescription in conformity with specificationsQuantityUnit of issue as per specifications Unit priceTotal PriceClearly indicate the VAT on the Grand TotalWarranty PeriodDelivery Period

7. The completed document should be submitted in five copies, One Original Tender Document (Marked original) and four duplicate copies to the Supplies office 4D9.

Return all returnable documents as instructed by the tender document.

3.2EVALUATION PROCESS AND CRETIRIA

3.2.1 A One envelope method shall be followed. Submit technical and financial bid in one


document.


STAGE ONE: Compliance

1. Submission of a valid certified copy of the original of Tax clearance certificate issued by Botswana Unified Revenue Services

2. Submission of a valid certified copy of the original PPADB Registration certificate with Code 202 Sub-code 05.

3. Form of Authority signatory

4. Signed Declaration of Shareholders and Directors Form including attachments required therein, that is, Forms 2(b) and 2 (c) from the registrar of companies

5. Proof of 100% citizen ownership

A bid that fails to qualify or is found to be non responsive to any of the above will be eliminated from further evaluation

Specifications are classified according to criticality as V

Vital specifications (V) are those which when not met or responded to will change the function/ purpose of equipment to be purchased completely. If it were a spare part, a vital spare part is the one which causes the machine or apparatus to stop running when that particular spare is out of order. (If missed one is automatically disqualified)

STAGE TWO: This will be evaluated in two parts

1. PART 2 (a): Technical Evaluation

• Tender Validity

The minimum tender validity is 180 days from tender closing date.

• Warranty

The Warranty period should be 24 months or more from commissioning date.

• DeliveryThe maximum delivery period (includes installation, commissioning and training) is two (2) months from date of GPO issue.

A bid that fails to comply or is found to be non responsive to any of the above will be eliminated from further evaluation

• For establishing after sales support please the submit following; PLEASE NOTE THAT FAILURE TO DO SO WILL RESULT IN DISQUALIFICATION

- Curriculum vitae of the technical personnel who will provide technical support during the warranty period. Technical Personnel should be a qualified Biomedical / Clinical Engineer or Technician with the relevant experience in a medical equipment field. Technical personnel should be in the employment of the supplier and resident in Botswana

- A Commitment letter; to provide 12 hour response to defects experienced with the equipment during the warranty period. A fully trained company’s employee with relevant experience and qualifications (as stated above) should be available for the ‘after sales’ service and maintenance of the equipment during the period of warranty.


- Commitment to train two users employed by government at different facilities a course pertaining to use and applications of the equipment supplied. All course material (that includes travel and local travel at place of training, accommodation and meals, cost of training materials) should be given free of charge.

- Commitment to supply all manuals (including service manuals) should be given free of charge.

100% compliance to the above requirements will qualify bidder for technical evaluation.

2. PART 2(b)Technical Evaluation

A technical evaluation shall be made to determine technical compliance with the specification in the bidding documents. Bidders are requested to make note of the following while responding to the specifications.

• Give complete answers to the specification requirements in the sheet(s) provided. The use of the following words or statements in answering the specifications will instantly disqualify you for further evaluation for that particular item:

i) Tick (√)ii) Yesiii) As per specifications.iv) Compliesv) Compliantvi) As specifiedvii) Better than specified.viii) leaving a blank space in the response column

• Clear and legible brochures or download printout must accompany all items offered. All brochures / printout should include technical specifications (technical data) , picture and manufacturer’s contact details for cross-reference. Failure to attach a legible brochure / printout with clear technical data, pictures and original manufacturer's details will result in disqualification for that particular product/ item.

• Items offered must be clearly marked/ highlighted in the relevant brochure / printout. State the page and where applicable the catalogue code, for ease of reference. Failure to mark the item in the brochure / printout will result in disqualification for that particular product/ item.

The following shall be evaluated for each item tendered for; • Compliance with item technical specifications ( Attachment A);

Detailed Technical specification

Please refer to Attachment – Equipment Specifications:

Item Item Description QTYUnit Price

VAT Total

1 Teeth cabinet 19

2 Dust extraction unit 19

3 Dental X-ray 15


Device Description Specification

Bidder’s Response

Teeth cabinet

Cabinet with 3 inserts each for 90 sets of anterior teeth and 3 inserts each for 60 sets of posterior teeth, thus providing storage for 450 sets of teeth. Including teeth sets

Dust extraction unit

Bench dust extraction unit with arm. Maximum Vacuum of -16kPa and Noise:<50dB. Diameter of Dust pipe:4cm and typical Dimensions:24cm×24cm×41cm (H W D)

AC10684 - Panoramic Dental Radiographic ( Dental X-ray)

BIDDER’S WITHOUT PPADB CODE 202 SUB-CODE 08 WILL NOT BE CONSIDERED FOR TECHNICAL EVALUATION ON THIS ITEM.

Item SpecificationPrice

(Excluding VAT)

Provide your answer in this

Column. Please be straight to the

point

Complies Yes/No

X-Ray Generator:1.0 Panoramic dental radiographic

X-ray with Cephalometry modality included

1.1 Generator Type should be constant potential. included

1.2 Radiography KV Range continuously selectable. Range from 60 KV to 80 KV or a greater range included

1.3 Radiography mA Range selectable. Range from 0 mA to 15 mA or a greater range included

1.4 Maximum Radiography Time must not be less than 12sec. State minimum and maximum time. included

1.5 Automatic Exposure Control must be included included

2.0 Control Console 2.1 Touch Screen or Touch Key

Console on the side of the unit included

3.0 X - Ray Tube and Stand


Assembly3.1 Stationary Anode x-ray tube included3.2 Nominal Focal spot Size, 0.6

mm or better included3.2 Tube rating should be higher

than the specifications of generator ratings. included

3.4 Tube heat capacity should be at least 20kHU included

3.5 Source-to-Image Distance between 400-500mm included

3.6 Full radiographic digital system with DICOM compatibility. Included

3.7 The system must be able to accommodate Adult and Paediatric patients – standing and seated included

3.8 System should come with all software package and accessories ready for use upon installation. included

3.9 Provide full service manuals and proprietary software codes and keys. included

4.0 Safety Standards of the System

4.1 X-ray machine should be CE marked included

4.2 X-ray should be manufacture according to FDA 1020.30 regulations included

4.3 X-ray Compliance to IEC 601 included

5 Service and Maintenance

5.2

A fully comprehensive 5 year, service and maintenance contract, including all labour and parts for years 3-7 years must be Quoted for separately. 98% Up-time must be guaranteed. (optional item)

6.0 Training 6.1 Application specialist should

train all users for at least two days. included

6.2 Two (2) Biomedical engineer’s should be trained from the manufacturer’s facility. included


7.0 Total Price Per Unit (Excluding VAT and optional items)

(All tender specifications shall be answered in full.)

THE TECHNICAL SPECIFICATIONS ARE MINIMUM REQUIREMENTS; BIDDERS ARE EXPECTED TO QUOTE FOR EQUIVALENT OR BETTER SYSTEMS. WHERE A REQUIREMENT IS NOT APPLICABLE TO BIDDERS EQUIPMENT; STATE VALID REASONS OF HOW THE REQUIRED FUNCTIONALITY OF THE SYSTEM IS ACHIEVED WITHOUT THE ITEM. All qualified bidders who pass the technical evaluation stage will proceed to stage three.


STAGE THREE: Price Comparison

Only technically compliant bids that have passed stage two shall undergo cost evaluation to

• Correct arithmetic errors and convert bids to a common currency. • Compare unit prices (inclusive of vat) of different items quoted in the technically compliant

bids.• Apply preferential treatment to bids from citizen-owned companies• Basis of award: the technically and quality (user evaluation) compliant bidder with the lowest

price will be recommended for award.

(i) Apply local supplier preference - Price preference will be applied in line with the Presidential Directive on Economic Diversification Drive (EDD) of 2010. Bidders who wish to benefit from the price preference shall include in their bids the relevant documents as proof of their eligibility for the preference claimed. Bidders should submit a certified copy of the approval by the Public Procurement and Asset Disposal Board to be listed as wholly citizen owned company manufacturing and supplying medicines, laboratory reagents and medical equipments for the preferential scheme.

3.3 TENDER ACCEPTANCE

Notwithstanding anything contained in any of these tender documents, the Government of Botswana is not bound to accept the lowest or any tender nor incur any expenses in the preparation thereof.

3.4 De-briefing shall be provided for each bidder on request only after the tender has been awarded.


T1.3 STANDARD CONDITIONS OF TENDER

Republic of BotswanaPUBLIC PROCUREMENT AND ASSET DISPOSAL BOARD

STANDARD CONDITIONS OF TENDER- Feb 2006

Contents:

1 General

2 Tenderer’s obligations

3 The Procuring Department’s undertakings

1 GeneralActions 1 The Procuring Department and each tenderer submitting a tender

offer shall comply with these Conditions of Tender. The Procuring Department will, in addition, act in a manner that is fair, equitable and transparent.

Tender documents 2 The documents issued by the Procuring Department for the purposeof a tender offer is listed in the Tender Data.

Interpretation and 3 The Tender Data and additional requirements contained in the Tender Definitions Schedules that are included in the Returnable Documents are deemed to be

part of these Conditions of Tender

4 These Conditions of Tender, the Tender Data and Tender Schedules which are only required for tender evaluation purposes, shall not form part of any contract arising from the invitation to tender.

5 Comparative Offer means the tenderer’s financial offer after the factors of non-firm prices, all unconditional discounts and any other tendered parameters that will affect the value of the financial offer have been taken into consideration.

Communication & 6 Each communication between the Procuring Department and a Procuring tenderer shall be or from the Procuring Department's agent only, and Department’s in a form that can be read, copied and recorded. Writing shall be in the Agent English language. The Procuring Department will not take any responsibility

for non-receipt of communications from or by a tenderer. The name and contact details of the Procuring Department’s agent are stated in the Tender Data.

The Procuring 7 The Procuring Department may accept or reject any variation, Department's deviation, tender offer or alternative tender offer, and may cancel the rights to accept or tender process and reject all tender offers at any time prior to the reject any tender formation of a contract. The Procuring Department will not accept or offer incur any liability to a tenderer for such cancellation and rejection, but will

give reasons for the action.

8 After the cancellation of a tender process or the rejection of all tender offers the Procuring Department may abandon the proposed procurement and


have it performed in another manner, or re-issue a similar Tender Notice and Invitation to Tender at any time.

2 Tenderer’s obligations

The tenderer shall comply with the following obligations:

Eligibility 1 Submit a tender offer only if the tenderer complies with the criteria stated in the Tender Data.

Cost of tendering 2 Accept that the Procuring Department will not compensate thetenderer for any costs incurred in the preparation and submission of a tender offer.

Check documents 3 Check the tender documents on receipt, including pages within them, and notify the Procuring Department of any discrepancy or omission.

Confidentiality & 4 Treat as confidential all matters arising in connection with the tender. Copyright of Use and copy the documents issued by the Procuring Department Documents only for the purpose of preparing and submitting a tender offer in response

to the invitation.

Standardised 5 Obtain, as necessary for submitting a tender offer, copies of the latest specifications and versions of standardised specifications, conditions of contract and other publications other publications, which are not attached but which are incorporated into

the tender documents by reference.

Acknowledge 6 Acknowledge receipt of addenda to the tender documents, which the Addenda Procuring Department may issue, and if necessary apply for an extension to

the closing time stated in the Tender Data, in order to take the addenda into account.

Site visit and / or 7 Attend a site visit and / or clarification meeting at which tenderers may Clarification familiarise themselves with the proposed work, services or supply Meeting (and location etc.) and raise questions. Details of the meeting(s) are stated

in the Tender Data.

Seek clarification 8 Request clarification of the tender documents, if necessary, bynotifying the Procuring Department at least five working days before the closing time stated in the Tender Data.

Insurance 9 Be aware that the extent of insurance to be provided by the Procuring Department (if any) may not be for the full cover required in terms of the conditions of contract identified in the Contract Data. The tenderer is advised to seek qualified advice regarding insurance.

Pricing the tender 10 Include in the rates, prices, and the tendered total of the prices (if any) Offer all duties, taxes (except VAT), and other levies payable by the successful

tenderer, such duties, taxes and levies being those applicable 14 days prior to the closing time stated in the Tender Data.

11 Show Value Added Tax (VAT) payable by the Procuring Department separately as an addition to the tendered total of the prices.

12 Provide rates and prices that are fixed for the duration of the contract and not subject to adjustment except as provided for in the conditions of contract identified in the Contract Data.


13 State the rates and prices in local currency unless instructed otherwise in the Tender Data. The conditions of contract identified in the Contract Data may provide for part payment in other currencies.

Alterations to 14 Not make any alterations or additions to the tender documents, except Documents to comply with instructions issued by the Procuring Department, or

necessary to correct errors made by the tenderer. All signatories to the tender offer shall initial all such alterations. Erasures and the use of masking fluid are prohibited.

Alternative tender 15 May submit alternative tender offers only if a main tender offer, strictly Offers in accordance with all the requirements of the tender documents, is also

submitted. The alternative tender offer is to be submitted with the main tender offer together with a schedule that compares the requirements of the tender documents with the alternative requirements the tenderer proposes.

16 Accept that an alternative tender offer may be based only on the criteria stated in the Tender Data.

Submitting a 17 Submit a tender offer for providing the whole of the works, services or tender offer supply identified in the Contract Data, unless stated otherwise in the Tender

Data.

18 Return all Returnable Documents to the Procuring Department after completing them in their entirety, either electronically (if they were issued in electronic format) or by writing in black ink.

Information & data 19 Accept that tender offers, which do not provide all the data or to be completed in information requested completely and in the form required, may be all respects regarded by the Procuring Department as non-responsive.

20 Submit the parts of the tender offer communicated on paper as an original plus the number of copies stated in the Tender Data, with an English translation of any documentation in a language other than English, and the parts communicated electronically in the same format as they were issued by the Procuring Department.

21 Sign the original and all copies of the tender offer where indicated. The Procuring Department will hold all authorised signatories liable on behalf of the tenderer. Signatories for tenderers proposing to contract as Joint Ventures shall state which of them is the lead partner whom the Procuring Department shall hold liable for the purpose of the tender offer.

22 Seal the original and each copy of the tender offer as separate packages marking the packages as "ORIGINAL" and "COPY". Each package shall state on the outside the Procuring Department's address and identification details stated in the Tender Data, as well as the tenderer's name and contact address.

23 Where a two-envelope system is required in terms of the Tender Data, place and seal the Returnable Documents listed in the Tender Data in an envelope marked “financial proposal” and place the remaining Returnable Documents in an envelope marked “ technical proposal”. Each envelope shall state on the outside the Procuring Department's address and identification details stated in the Tender Data, as well as the tenderer's name and contact address.


24 Seal the original tender offer and copy packages together in an outer package that states on the outside only the Procuring Department's address and identification details as stated in the Tender Data.

25 Accept that the Procuring Department will not assume any responsibility for the misplacement or premature opening of the tender offer if the outer package is not sealed and marked as stated.

Closing time 26 Ensure that the Procuring Department receives the tender offer at theAddress specified in the Tender Data not later than the closing time stated in the Tender Data. Proof of posting will not be accepted as proof of delivery. The Procuring Department will not accept tender offers submitted by telegraph, telex, facsimile or E mail, unless stated otherwise in the Tender Data.

27 Accept that, if the Procuring Department extends the closing time stated in the Tender Data for any reason, the requirements of these Conditions of Tender apply equally to the extended deadline.

Tender offer 28 Hold the tender offer(s) valid for acceptance by the Procuring Validity Department at any time during the validity period stated in the Tender Data

after the closing time stated in the Tender Data.

29 If requested by the Procuring Department, consider extending the validity period stated in the Tender Data for an agreed additional period.

Clarification of 30 Provide clarification of a tender offer in response to a request to do so tender offer after from the Procuring Department during the evaluation of tender offers. submission This may include providing a breakdown of rates or prices and correction of

arithmetical errors by the adjustment of certain rates and / or item prices. No change in the total of the prices or substance of the tender offer is sought, offered, or permitted. The total of the prices stated by the tenderer shall be binding upon the tenderer.

Provide other 31 Provide, on request by the Procuring Department, any other material Material that has a bearing on the tender offer, the tenderer’s commercial position

(including notarised bearing on the tender offer, the tenderer’s commercial position (including notarised Joint Venture agreements), or the preferencing and / or reservation arrangements considered necessary by the Procuring Department for the purpose of a full and fair risk assessment. Should the tenderer not provide the material, or a satisfactory reason as to why it cannot be provided, by the time for submission stated in the Procuring Department’s request, the Procuring Department may regard the tender offer as non-responsive.

Submit securities, 32 If requested, submit for the Procuring Department’s acceptance before bonds, policies formation of the contract, all securities, bonds, guarantees, policies etc. and certificates of insurance required in terms of the conditions of contract

identified in the Contract Data.

33 Check the final draft of the contract provided by the Procuring Department within the time available for the Procuring Department to issue the contract.

Return of other 34 If so instructed by the Procuring Department, return all retained tendertender documents documents within 28 days after the expiry of the validity period stated in the

Tender Data.


3 The Procuring Department’s undertakings

The Procuring Department undertakes to:

Respond to 1 Respond to a request for clarification received up to five working days Clarification prior to the tender closing time stated in the Tender Data and notify all

tenderers who attended the site / clarification meetings of those responses.

Issue Addenda 2 If necessary, issue addenda that may amend or amplify the tender documents to each tenderer during the period from the date of the Tender Notice until seven days before the tender closing time stated in the Tender Data. If, as a result a tenderer applies for an extension to the closing time stated in the Tender Data, the Procuring Department may grant such extension and, will then notify it to all tenderers.

Return late tender 3 Return tender offers received after the closing time stated in the Offers Tender Data, unopened, to the tenderer concerned.

Tender offer 4 Unless the two-envelope system described below is to be followed, Opening open valid tender offers in the presence of tenderers’ agents who choose to

attend at the time and place stated in the Tender Data. Tender offers for which acceptable reasons for withdrawal have been submitted will not be opened.

5 Announce at the opening the name of each tenderer whose tender offer is opened, the total of his prices, preferences claimed and time for completion (if any) for the main tender offer only.

Two-envelope 6 Where stated in the Tender Data that a two-envelope system is to be System followed, open only the technical proposal of valid tenders in the presence of

tenderers’ agents who choose to attend at the time and place stated in the Tender Data and announce the name of each tenderer whose technical proposal is opened.

7 Evaluate the quality of the technical proposals offered by tenderers, then advise tenderers who remain in contention for the award of the contract of the time and place when the financial proposals will be opened. Open only the financial proposals of tenderers who score in the quality evaluation above the minimum number of points for quality stated in the Tender Data, and announce the score obtained for the technical proposals and the total price and any preferences claimed. Return unopened financial proposals to tenderers whose technical proposals failed to achieve the minimum number of points for quality.

Non-disclosure 8 Not disclose to tenderers, or to any other person not officially concerned with Such processes, information relating to the evaluation and comparison of tender offers, the final evaluation price and recommendations for the award of a contract, until after the award of the contract to the successful tenderer.

Grounds for 9 Determine whether there has been any effort by a tenderer to


rejection & influence the processing of tender offers and instantly disqualify a disqualification tenderer (and his tender offer) if it is established that he offered an

inducement to or colluded with any person with a view to influencing the award of the contract.

Test for 10 Determine, on opening and before detailed evaluation, whether each Responsiveness tender offer properly received:

• meets the requirements of these Conditions of Tender,• has been properly and fully completed and signed, and• is responsive to the other requirements of the tender documents.

A responsive tender as one that conforms to all the terms, conditions, and specifications of the tender documents without material deviation or qualification. A material deviation or qualification is one which, in the Procuring Department's opinion, would:

• detrimentally affect the scope, quality, or performance of the works, services or supply identified in the Contract Data,

• change the Procuring Department's or the tenderer's risks and responsibilities under the contract, or

• affect the competitive position of other tenderers presenting responsive tenders, if it were to be rectified.

Non- responsive 11 Reject a non-responsive tender offer, and not allow it to be tender offers subsequently made responsive by correction or withdrawal of the non-

conforming deviation or reservation.

Arithmetical errors 12 Check responsive tender offers for arithmetical errors, correcting them in the following manner:

• Where there is a discrepancy between the amounts in figures and in words, the amount in words shall govern.

• If a bill of quantities (or schedule of quantities or schedule of rates) applies and there is an error in the line item total resulting from the product of the unit rate and the quantity, the line item total shall govern and the rate shall be corrected. Where there is an obviously gross misplacement of the decimal point in the unit rate, the line item total as quoted shall govern, and the unit rate will be corrected.

• Where there is an error in the total of the prices either as a result of other corrections required by this checking process or in the tenderer's addition of prices, the total of the prices shall govern and the tenderer will be asked to revise selected item prices (and their rates if a bill of quantities applies) to achieve the tendered total of the prices.

13 Consider the rejection of a tender offer if the tenderer does not correct or accept the correction of his arithmetical errors in the manner described above.

Clarification of a 14 Obtain clarification from a tenderer on any matter that could give rise tender offer to ambiguity in a contract arising from the tender offer.

Evaluation of 15 Appoint an evaluation panel of not less than three persons. Reduce responsive

tender each responsive tender offer to a Comparative Offer and evaluate it offers using the tender evaluation method that is indicated in the Tender

Data and described below:

Method 1: a) Rank tender offers from the most favorable to the least favorable


Financial offer comparative offerb) Recommend highest ranked tenderer for the award of the contract, unless there are compelling and justifiable reasons not to do so.

Method 2: a) Score tender evaluation points for financial offer, in the manner outlined Financial offer below.and preferences b) Confirm that tenderers are eligible for the preferences claimed in the

Preference Schedule and if so, score tender evaluation points for preferencing.

c) Calculate total tender evaluation points.d) Rank tender offers from the highest number of tender evaluation points tothe lowest.e) Recommend tenderer with the highest number of tender evaluation pointsfor the award of the contract, unless there are compelling and justifiable reasons not to do so.

Method 3: a) Score for quality in the manner described below, rejecting all tender Financial offer offers that fail to score the minimum number of points for quality stated in quality the Tender Data.

b) Score tender evaluation points for financial offer, in the manner outlined below.c) Calculate total tender evaluation points.d) Rank tender offers from the highest number of tender evaluation points to the lowest.e) Recommend tenderer with the highest number of tender evaluation points for the award of the contract, unless there are compelling and justifiable reasons not to do so.

Method 4: a) Score for quality in the manner described below, rejecting all tender Financial offer, offers that fail to score the minimum number of points for quality stated in quality and the Tender Data.Preferences b) Score tender evaluation points for financial offer, in the manner outlined

below.c) Confirm that tenderers are eligible for the preferences claimed in the Preference Schedule, and if so, score tender evaluation points for preferencing.d) Calculate total tender evaluation points.e) Rank tender offers from the highest number of tender evaluation points to the lowest.f) Recommend tenderer with the highest number of tender evaluation points for the award of the contract, unless there are compelling and justifiable reasons not to do so.

Scoring of Score the financial offers of remaining responsive tender offers using thefinancial offers following formula:

NFO = W1 x A where:NFO = the number of tender evaluation points awarded for the financial

offer.W1 = the maximum possible number of tender evaluation points awarded

for the financial offer as stated in the Tender Data.A = a number calculated using either formulas 1 or 2 below, as

appropriate.


Formula Comparison aimed at achieving

Value

1 Highest price or discount A = (1 +( P - Pm)/ Pm )2 Lowest price or

percentage commission /fee

A = (1 -( P - Pm)/ Pm )

where:Pm = the comparative offer of the most favorable tender offer.P = the comparative offer of tender offer under consideration.

Scoring quality Score quality in each of the categories stated in the Tender Data and calculate total score for quality.

General Scoring Score financial offers, preferences and quality, as relevant, to two decimal Rules places. Where two or more tender offers score an equal number of tender

evaluation points, recommend the award of the contract to the tenderer with the highest number of:

• Preference points when tender evaluation method 2 is used.• Quality points when tender evaluation method 3 is used.• Preference points when tender evaluation method 4 is used.

Insurance 16 If requested by the proposed successful tenderer, submit for the provided by the tenderer's acceptance the policies and / or certificates of insurance which Procuring the conditions of contract identified in the Contract Data, require the Department Procuring Department to provide.

Acceptance of 17 Notify the successful tenderer of the Procuring Department's acceptance Tender of his tender offer by completing and returning one copy of the Form of Offer

and Acceptance before the expiry of the validity period stated in the Tender Data, or agreed additional period. Providing the Form of Offer and Acceptance does not contain any qualifying statements, it will constitute the formation of a contract between the Procuring Department and the successful tenderer as described in the Form of Offer and Acceptance.

Notice to 18 After the successful tenderer has acknowledged the Procuring Unsuccessful Department’s notice of acceptance, notify other tenderers that their tender Tenderers offers have not been accepted.

Prepare contract 19 If necessary, revise documents that will form part of the contract and were Documents issued by the Procuring Department as part of the tender documents to take

account of:• addenda issued during the tender period,• inclusion of some of the Returnable Documents,• other revisions agreed between the Procuring Department and the

successful tenderer, and• the Schedule of Deviations attached to the Form of Offer and

Acceptance.

Issue final 20 Prepare and issue the final draft of contract documents to the successful Contract tenderer for acceptance as soon as possible after the date of the Procuring

Department's execution of the Form of Offer and Acceptance (including the Schedule of Deviations). Only those documents that the Conditions of


Tender require the tenderer to submit, after acceptance by the Procuring Department, will be included.

Complete 21 Unless alternative arrangements have been agreed, arrange for both Adjudicator's parties to complete formalities for appointing the selected adjudicator at Contract the same time as the main contract is signed.

Provide copies of 22 Provide to the successful tenderer the number of copies stated in the the contracts Tender Data of the signed copy of the contract as soon as possible after

completion and signing of the Form of Offer and Acceptance.




RETURNABLE DOCUMENTS

• T2. 1 List of Returnable Documents

• T2.2 GA Certificate of Authority of Signatory

• T2.2 GC Record of addendum

• T2.2 GK Curriculum vitae of key personnel

• T2.2 GL Experience of Tenderer

• T2.2 GM Declaration by Directors and Shareholders

• C1.1 Form of Offer and acceptance

• C1.2 Contract data for Botswana general conditions for supplies contracts

• C2.1 Pricing Instructions

• C2.2 Schedule of Quantities

• C3 Scope of Work


Republic of Botswana TENDER ………………………RETURNABLE DOCUMENTS

LIST OF RETURNABLE DOCUMENTS

Returnable Documents required for tender evaluation purposes Returned (Yes/No/N/A)

1. T2.2GA CERTIFICATE OF AUTHORITY OF SIGNATORY

2. T2.2GC RECORD OF ADDENDUM

3. T2.2GK CV OF KEY PERSONNEL

4. T2.2GL EXPERIENCE OF TENDERER

5. T2.2GM DECLARATION OF SHAREHOLDERS AND DIRECTORS FORM

7. PPADB CERTIFICATE ( CODE 202 SUB CODE 05 OR 08 FOR RADIATION EQUIPMENT)

8. VALID TAX CLEARANCE CERTIFICATE

6. Commitment letters for after sales support (WHERE APPLICABLE)

7. Commitment letters to train government engineers and government users. WHERE APPLICABLE)

Other documents that will be incorporated into the contract

1 C1.1 FORM OF OFFER AND ACCEPTANCE

2 C1.2 CONTRACT DATA FOR BOTSWANA GENERAL CONDITIONS FOR SUPPLIES CONTRACTS

3 C2.1 PRICING INSTRUCTIONS

4 C2.2 SCHEDULE OF QUANTITIES

5C3. scope of work: supplies contract

Signed _____________________________ Date __________________________________

Name ______________________________ Position ______________________________

Bidder_______________________________________________________________________________




TENDER SCHEDULES

CERTIFICATE OF AUTHORITY OF SIGNATORY

Indicate the status of the tenderer by ticking the appropriate box hereunder. The tenderer must complete the certificate set out below for the relevant category.

ACOMPANY

BPARTNERSHIP

CJOINT VENTURE

DSOLE PROPRIETOR

A. Certificate for company

I,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _._ _ _ , chairperson of the board of directors of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _., hereby confirm that by resolution of the board taken on _ _ _ _ _ 20…., Mr/Ms _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , acting in the capacity of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, was authorised to sign all documents in connection with this tender offer and any contract resulting from it on behalf of the company.

As witnesses:-

1._ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Chairman

2._ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ __ __ _ _ _ _ _ _ _ _ _ _ _ Date

B. Certificate for partnership

We, the undersigned, being the key partners in the business trading as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ hereby authorise Mr/Ms _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, acting in the

capacity of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, to sign all documents in connection with the tender

offer for Contract _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and any contract resulting from it on our behalf.

NAME ADDRESS SIGNATURE DATE


NOTE: This certificate is to be completed and signed by all of the partners. Attach additional pages if more space is required.

C. Certificate for Joint Venture

We, the undersigned, are submitting this tender offer in Joint Venture and hereby authorise Mr/Ms _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, an authorised signatory of the company _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , acting in the capacity of lead partner, to sign all documents in

connection with the tender offer for Contract _ _ _ _ __ _ _ and any contract resulting from it on our

behalf.

This authorisation is evidenced by the attached power of attorney signed by legally authorised

signatories of all the partners to the Joint Venture.

Furthermore we attach to this Schedule a copy of the joint venture agreement which incorporates a

statement that all partners are liable jointly and severally for the execution of the contract and that the

lead partner is authorised to incur liabilities, receive instructions and payments and be responsible for

the entire execution of the contract for and on behalf of any and all the partners.

NAME OF FIRM ADDRESS AUTHORISING SIGNATURE, NAME &

CAPACITY

Lead partner

D. Certificate for sole proprietor.

I, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , hereby confirm that I am the sole owner

of the business trading as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

As witnesses:- _ __ _ __ _ _ _ _ _ _ _ _ _ _ 1._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Signature: Sole owner

2_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _




TENDER SCHEDULES

RECORD OF ADDENDA TO TENDER DOCUMENTS

We confirm that the following communications received from the Procuring Department before the submission of this tender offer, amending the tender documents, have been taken into account in this tender offer:

Date Title or Details

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Attach additional pages if more space is required.

Signed Date

Name Position

Tenderer




TENDER SCHEDULES

CURRICULUM VITAE OF KEY PERSONNEL

Name: Date of Birth:

Profession: Nationality:

Current Position: Years with the firm:

Qualification and Experience:

Education:

Professional Membership

Experience Record




TENDER SCHEDULESCURRICULUM VITAE OF KEY

PERSONNEL

Experience and Training on Tendered items(please stipulate training and experience on the specific items):

Languages:

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this data correctly describes me, my qualifications and my experience.

____________________________________________________ Date: ___________[Signature of authorized representative of the Tenderer]


Republic of Botswana TENDER RETURNABLE DOCUMENTS

TENDER SCHEDULES

EXPERIENCE OF TENDERER

The following is a statement of similar works successfully executed by myself/ourselves:

Employer, contact person and telephone number.

Description of contract Value of work Date completed

Signed Date

Name Position

Tenderer


REPUBLIC OF BOTSWANA

TENDER

RETURNABLE DOCUMENT

DECLARATION BY DIRECTORS AND SHAREHOLDERS

DECLARATION ON BEHALF OF OWNERS, PARTNERS/ SHAREHOLDERS AND /OR DIRECTORS

I,

_____________________________________ (full name),

in my capacity as a director/shareholder/partner/owner (tick as applicable)

hereby declare that on my behalf, and on behalf of the owners, partners and /or directors

of:

............................................................................................... (name of company)

of :

.......................................................................................................

...................................................................................................... (postal/physical address)

that, in connection with the enclosed tender,

1. All information contained herein is true and not misleading, and it is to the best of my knowledge factual and binding on the company and/or its representatives.

2. I state that the resolution executed by the Board of Directors of ............................................................................................................ in pursuance of this tender, was executed following a declaration by all Directors (as reflected in the ROC Form 2 (c) and (d), and / or subsequent share transfer forms and share certificates as may from time to time be filed with Company Secretary) present or by proxy, confirming that they have not, through other registered companies, participated in the same tender.

3. I,......................................................................................, in my capacity as aforesaid, 0declare and confirm that we have in fact not participated in the same tender through any other registered company or other entity.

4. I attach hereto certified copies of ROC Forms 2(c) and (d) or other registration documents listing the Directors and current shareholders of the Company and certified copies of the share certificates of the company/entity.

5. We further acknowledge that should any of the directors, partners, and shareholders be found to be associated in a similar or other manner in another company/entity, participating in this tender, this shall


disqualify this company, and whichever company the said director/partner/shareholder is consequently involved in.

6. We further acknowledge that should the company or any of its affiliates or subsidiaries be found to have participated in the same tender, the said company and its affiliates or subsidiaries shall be disqualified.

7. The Company, through its agents, employees or directors has not illegally communicated with any member of the procuring department or the Public Procurement and Asset Disposal Board, except as may be permitted in the relevant “instructions to tenderers” or by law.

8. The Company, through its agents, employees or directors has not paid or offered to pay any consideration, favour or promise to any member of the procuring department or any person employed by or associated with Public Procurement and Asset Disposal Board.

9. We declare that this tender is submitted in our own right and we have not colluded in any way with any other potential tenderer in the production and submission of this tender other than in the establishment of a joint venture or sub-contractor arrangement as fully and correctly declared in the tender.

10. We acknowledge that if after the award of this tender any of these declarations are found to be false then any contract(s) between ourselves and the procuring department and/or PPADB shall be terminated forthwith and we may be barred from future tendering for government services and liable to possible prosecution.

SIGNED: ............................................................. NAME: ............................................

DATED:.........................................

................................Company Stamp

THUS SIGNED AND SWORN TO BEFORE ME COMMISSIONER OF OATHS AT GABORONE ON THIS _______ DAY OF ___________________ 20____, AT ____AM / PM, THE DEPONENT HAVING ACKNOWLEDGED THAT HE KNOWS AND UNDERSTANDS THE CONTENTS OF THIS DECLARATION AND THAT IT IS BINDING ON HIS CONSCIENCE.

________________________COMMISSIONER OF OATHS

CAPACITY:


Republic of Botswana CONTRACT


CONTRACT

PART 1: AGREEMENTS AND CONTRACT DATA

C1.1 Form of Offer and Acceptance

C1.2 Contract Data

G General conditions of supplies contract

PART 2: PRICING DATA

C2.1 Pricing Instructions

C2.2 Schedule of quantities

PART 3: SCOPE OF SUPPLIES AND SPECIFICATIONS

1. Scope of supplies and specifications

2. Draft Contract


Republic of Botswana PUBLIC PROCUREMENT AND ASSET DISPOSAL BOARD

GENERAL CONDITIONS OF SUPPLIES CONTRACT

1. In these conditions, except where the context otherwise require:

“Articles” means all articles, plant, equipment, materials, items and service which the contractor is required under the Contract of supply:“Employer” means the Government of Botswana

2. Any notice or other communication whatsoever which the Employer is required to give or make to the Contractor in terms of the Contract shall, without prejudice to any other method of giving or making it, be sufficiently given or if it is sent by post in a letter addressed to the Contractor at the last known place of abode or business of the Contractor and if the letter is not returned through the post undelivered, such notice or communication shall be deemed for the purpose of the Contract to have been given or made at the time at which the letter would in the ordinary course of post have been delivered.

3. The Contract shall be considered as a Contract made in Botswana and subject to the law of Botswana.

4. The Contractor shall not give, bargain, sell, assign, sublet or otherwise dispose of the Contract or any part thereof or the benefit or advantage of the Contract or any part there of without the previous consent in writing of the Employer.

5. The contractor warrants all articles, material or services delivered to be free from defect of material or workmanship and this warranty shall survive any inspection,delivery, acceptance or payment by the Government of the articles, material or services.

6. The article delivered shall be of the quality, standard or specification described in the tender and where samples form part of the contract shall in all respects conform to samples.

7. All articles, materials, workmanship or services covered by the contract shall be the subject of the Government’s inspection and test at all times before, during or after manufacture. The contractor shall furnish without extra charge all reasonable facilities and assistance for safe and convenient inspection or test required by appointed Inspectors. Such inspections may be carried out on the Contractor’s premises or at such other place as deemed appropriate by Inspectors. The Government shall have the right to reject or at its discretion, to require the correction or replacement of articles, material, workmanship or services which are defective or do not conform to the specified requirements of the contract. All the rejects shall be held at the Contractor’s risk and expense including all transportation and handling costs until returned to or collected by the Contractor. All rejects shall be replaced or rectified and made good at the Contractor’s expense within the replacement period to the full satisfaction of the Inspectors and in conformity with the standards, specification or samples specified in this contract.

8. Should the articles or any portion of them offered or delivered by the Contractor be reasonably rejected by the officer to whom the Contractor has been ordered to deliver them, as not being equal to the quality, standard or specification contracted for, or as being of a equality inferior to that of the samples where samples form part of the contract, the Contractor shall forthwith at his own expense remove the rejected articles and shall within the replacement period replace them with a like quality of articles which meet the specified requirements.

9. In the event of the Contractor failing to remove such rejected articles within 14 days of notification of the rejection the Government shall be at liberty to return them at the Contractor’s risk, the cost of carriage being recoverable from the Contractor.

Definitions and interpretationetc

Law of Contract

Transfer andassignment

Warranty

Quality

Rejectionfor inferiorquality


10. In the event of a rejection of any of the articles whereby the Contractor considers himself aggrieved he may within eight days of receipt of notification of rejection and before such articles have been removed, give the Government notice of objection. It shall be a condition precedent to consideration by the Government of the Contractor’s objection that the Contractor shall have given notice of his objection within the said time. If the Contractor gives notice as aforesaid the articles shall not be removed until the Government so directs.

11. The Government shall at all times have title to all drawings and specifications furnished by Government to the Contractor and intended solely for use in connection with this contract. The Contractor shall use such drawings and specifications only in connection with the contract and shall not disclose such drawings and specifications to any person, firm or company other than those authorized by the Government or to the Contractor’s employees, sub-contractors or Government Inspectors. The Contractor shall upon the Government’s request or on completion of the contract promptly return all drawings and specifications to the Government.

12. Should the Contractor fail to supply any of the articles on the date or dates or with in the period or periods specified thereof, or should he fail to replace any rejected articles as required by the contract, the Contractor shall be liable to make good to the Government all loss and damage occasioned by such failure, including any reasonable price (whether greater than the appropriate contract price or not) paid by the Government in purchasing the article on which default has been made, from a source other than the Contractor. In such an event the Government shall be at liberty to retain the amount of any such loss or damage from any money due by the Government to the Contractor but without prejudice to other methods of recovery open to the Government.

13. Any sums of moneys recoverable from or payable by the Contractor under the contract may be deducted from any sums then or which at any time thereafter may become due to the Contractor under the contract or any other contract with the Government.

14. The Government reserves the right to alter from time to time any specifications, patterns and drawings relating to the contract and as from the date specified by it for any such alteration, the articles shall be in accordance with the specifications, patterns and drawings so altered. In the event of such alteration involving an alteration in the cost of, or in the period required for production, a revision of the contract prices and of the time for delivery shall be made by the parties to this contract or agreement or in the event of disagreement by an arbitrator appointed by the parties in relation to the articles which are the subject of the alteration, but in all other respects the contract shall remain unaltered.

15. The quantities where shown in the Schedule of Quantities are the estimated probable requirements to be supplied in the period of twelve months from the date of award of the contract but the actual quantities ordered and supplied shall be at the sole discretion of the Government.

16. The price stated in the Schedule of Quantities for an article shall be for the minimum quantities the Contractor is prepare to supply in one consignment. Should no minimum quantity price be stated in the Schedule of Quantities then such minimum quantity will deemed to be one unit of the article described.

17. Unless otherwise provided by the contract:-(i) The articles are required to be properly packed for long-term storage in

containers suitable to protect the contents against damage through rough handling and for over-storage in transit or whilst in store.

(ii) All containers (including packing cases, boxes, tins, drums and wrappings) supplied by the Contractor shall be considered as non-returnable, and their cost having been included in the contract price

Title toDrawing and specifications

Damages forNon-deliveryetc

Recovery ofsums due

Alteration ofspecificationetc

Quantities

Minimumquantities

Packages


18. When so directed the Contractor shall mark each article clearly and indelibly in accordance with the requirements shown in the Schedule. The marking shall include any serial number or mark allocated to the Article, and if the Article has limited shelf life, the date of manufacturing expressed as required in the Schedule or, in default of such a requirement, as month (letter) and year (2 figures). Where because of its size or nature it is not possible to mark the Article with the required particulars these shall be marked on the package or container in which the Article is packed.

19. Unless otherwise stated in the Schedule of Quantities the price shall be the price of the Article packaged and delivered F.O.R. inclusive of insurance to the consignee at Gaborone or where otherwise stated and at risk to the Contractor unless otherwise specified in the Schedule. Prices shall be NET all cost and trade discount being allowed for.

20. In the event of the Contractor incurring increased expenditure in the execution of the contract by reason of any or all of the foregoing reasons:-

(i) An increase in the rate of wages generally recognized by representative associations of employers of work people or by reason of any statute enactment or regulation having the force of law and applicable to the traders concerned and binding on or affecting the contract and which could not have been foreseen at the date of tender.

(ii) An increase in the price of materials and goods due to statute enactment or regulation having the force of law and affecting supplies to Botswana and which could not have been foreseen at the date of tender.

(iii) An increase in transport rates as a result of legislation which could not have been foreseen at the date of tender.

21. The Contractor shall be entitled to claim a sum not exceeding the actual net additional cost, calculated from the percentage breakdown of the unit price stated in the Schedule of Quantities provided that he shall have given prompt notice to the Government at the time of the increase of his intention to make a claim. Provided where delay has occurred in the execution of the contract no such claim shall be admissible on those articles affected by the delay, unless in the opinion of the Government such delay was due to cause not within the Contractors control. Should a decrease occur in cost of labour, material or transport due to any event described in this clause during the continuance of the contract a corresponding reduction shall be binding on the contractor?

22. Should any official change be made in the value of the Pula during the pending of this contract which directly affects the price of any item mentioned in the said documents, the full percentage increase shall be added to or deducted from the rate as quoted on production of supporting documents.

23. Normal currency fluctuations in the exchange rates between the Pula and the currencies quoted in the tender documents shall not affect the prices specified on the said documents unless the fluctuations are substantial. In this condition, “substantial” means a currency fluctuation of 5% above or below that ruling at the time of submitting the tender documents. In the event of such an occurrence, and provided that there has been no breach or overt frustration of any condition of the contract, the proportionate increase or decrease, calculated on the date of importation of the goods shall be added or deducted from the said price as or deducted from the said price as originally quoted.

24. Except where otherwise directed each delivery of articles shall be accompanied or preceded by a delivery consignment or advice note addressed to the officer at the place where the articles are delivered. Immediately after despatch of the Articles a priced invoice shall be posted or delivered in accordance with the instructions set out in each order and must bear the number of the order, the quantity of each item, the

MarkingPrice

Pricevariation

Currencyrevaluation ordevaluation

Currencyfluctuation

Deliverynote/invoices


exact name of each article supplied and the number in accordance with the Schedule.

25. Nothing contained in the Contract shall be held to restrain the Government from contracting with persons other that the Contractor for the supply of Articles the subject of the contract, if it shall in its discretion think fit to do so, but the Government will not exercise this power so long as the Contractor satisfactorily carries out all the conditions of the contract except in cases of emergency or of circumstances which could not be foreseen when the contract was entered into.

26. The Contractor shall not in connection with the contract use, manufacture, supply or deliver any process, articles, matter or thing, the use, manufacture, supply or delivery of which would be of an infringement of any patent rights or proprietary marks or descriptions and the Contractor shall indemnify the Government from all the proceedings, damages, costs, charges, expenses, loss and liability which the Government may sustain, incur or be put to by reason or in consequence directly of any breach of this provision (whether wilful or inadvertent) and against payment of any royalties or other monies which the Government may have to make to any person or body entitled to exclusive rights in respect of any process, articles, matter or thing used, manufactured, supplied or delivered by the Contractor in connection with the contract.

27. The Contractor shall not offer, pay or cause to be offered, paid or given, directly or indirectly any fee, gratuity or reward in money or any other form to any person in the employment of the Government.

28. In case the Contractor shall be in breach of any of the terms and conditions of this agreement, or shall on any occasion fail in the due and punctual supply of any of the articles to be supplied under the contract, or shall repeatedly offer any article of an inferior quality to that contracted for, or at any time fail to replace such articles when properly rejected the Contractor shall be deemed to have failed in the due performance of the contract and the Government shall be at liberty by notice in writing or otherwise to determine the contract, but without prejudice to the Government’s rights of retention and recovery in respect of any loss or damage sustained.

Alternativesupplier

Indemnity

Gratuitiesetc

Determinationof contract


Republic of Botswana CONTRACT PART 1AGREEMENTS & CONTRACT

DATA

FORM OF OFFER AND ACCEPTANCE

Offer

The Procuring Department, Clinical Services (name) of Ministry of Health (address), has solicited offers to enter into a contract for the procurement of:


The tenderer, identified in the signature block below, has examined the documents listed in the Tender Data and addenda thereto as listed in the Tender Schedules, and by submitting this Offer has accepted the Conditions of Tender.

By attaching the signature of a duly authorised representative to this part of this Form of Offer and Acceptance, the tenderer offers to perform all of the obligations and liabilities of the Contractor (or the Consultant or the Supplier as the case may be) under the Contract including compliance with all its terms and conditions according to their true intent and meaning for an amount to be determined in accordance with the Conditions of Contract identified in the Contract Data.

The total of the amount tendered is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Pula, (in words); P_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (in figures). (Not applicable

This Offer, of which the tenderer has signed two originals, may be accepted by the Procuring Department by signing the form of Acceptance overleaf and returning one fully executed original of this document including the Schedule of Deviations (if any) to the tenderer before the end of the period of validity stated in the Tender Data, whereupon the tenderer becomes the party named as the Contractor, (or the Consultant, Professional Service Provider, Service Provider or the Supplier as the case may be) in the Conditions of Contract identified in the Contract Data.

For the tenderer:

Signature(s)

Name(s)

Capacity

(Insert name and address of organisation)

Name & signature of witness Date

Acceptance

By attaching the signature of a duly authorised representative to this part of this Form of Offer and Acceptance, the Procuring Department accepts the tenderer’s Offer. In consideration thereof, the Procuring Department shall pay the Contractor, (or the Consultant or the Supplier as the case may be) the amount due in accordance with the Conditions of Contract identified in the Contract Data. Acceptance of the tenderer’s Offer shall form an Agreement between the Procuring Department and the tenderer upon the terms and conditions contained in this Agreement and in the Contract that is the subject of this Agreement.


The terms of the Contract, are contained in:

Part 1 Agreements and Contract Data, (which includes this Form of Offer and Acceptance)Part 2 Pricing DataPart 3 Scope of Work

and drawings and documents (or parts thereof), which may be incorporated by reference into the above listed Parts.

Deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Tender Schedules as well as any changes to the terms of the Offer agreed by the tenderer and the Procuring Department during this process of Offer and Acceptance, are contained in the Schedule of Deviations attached to and forming part of this Form of Offer and Acceptance. No amendments to or deviations from said documents are valid unless contained in this Schedule, which must be signed by the duly authorised representative(s) for both parties.

The tenderer shall within one week of receiving a fully executed original of this Agreement, including the Schedule of Deviations (if any), contact the Procuring Department’s agent (whose details are given in the Contract Data) to arrange the delivery of any securities, bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the Conditions of Contract identified in the Contract Data at, or just after, the date this Agreement comes into effect. Failure to fulfil any of these obligations in accordance with those terms shall constitute a repudiation of this Agreement.

Notwithstanding anything contained herein, this Agreement comes into effect on the date when the tenderer receives one fully executed original of this document, including the Schedule of Deviations (if any). Unless the tenderer (now Contractor, Consultant or Supplier) within five days of the date of such receipt notifies the Procuring Department in writing of any reason why he cannot accept the contents of this Form of Offer and Acceptance, this Agreement shall constitute a binding contract between the Parties.

For the Procuring Department

Signature(s)

Name(s)

Capacity



Note: If a tenderer wishes to submit alternative tender offers, further copies of this document may be used for that purpose, duly endorsed, ‘Alternative Tender No. _____ ‘


(Suggested format, to be completed by the Procuring Department prior to award of contract)

Schedule of Deviations

Note:

1. The extent of deviations from the tender documents issued by the Procuring Department prior to the tender closing date is limited to those permitted in terms of the Conditions of Tender.

2. In the event of conflict between the contents of this Schedule of Deviations and any other list or record of tender stage amendments or addenda, this Schedule shall take precedence.

1 Subject ______________________________________________________________

Details _____________________________________________________________________

2 Subject ______________________________________________________________

Details _____________________________________________________________________

3 Subject ______________________________________________________________

Details _____________________________________________________________________

4 Subject ______________________________________________________________

Details _____________________________________________________________________

5 Subject ______________________________________________________________

Details _____________________________________________________________________

6 Subject ______________________________________________________________

Details _____________________________________________________________________

By affixing the signatures of the duly authorised representatives below, the Procuring Department and the tenderer both agree to and accept the foregoing Schedule of Deviations as the only deviations from and amendments to the documents listed in the Tender Data and any addenda thereto listed in the Tender Schedules, as well as any changes to the terms of the Offer agreed by the tenderer and the Procuring Department during this process of Offer and Acceptance.

It is expressly agreed that no information, documentation or communication not listed in the Schedule ofDeviations shall have any meaning or effect in the contract between the parties arising from this Agreement.


For the tenderer:

Signature(s)

Name(s)

Capacity



For the Procuring Department

Signature(s)

Name(s)

Capacity




Republic of Botswana CONTRACT PART 1AGREEMENTS & CONTRACT

DATA

CONTRACT DATA FOR BOTSWANA GENERAL

CONDITIONS FOR SUPPLIES CONTRACTS

The Conditions of Contract are

General Conditions for Supplies Contract published by the Public Procurement and Asset Disposal Board.

Data provided by the Employer

Item & data

The Employer stated in the General Conditions of Contract is represented by Department: Clinical ServicesName: Director of Clinical Service:Address Plot 54609, Government Enclave, Ministry of Health Headquaters Gaborone, Botswana

The consignee mentioned in Clause 19 of the General Conditions of Contract is:Name / Dept Mr.M. Bafana, Clinical ServicesLocation Plot 54609, Government Enclave, Ministry of Health HeadquartersTel No. 3632580/2698 Fax No. 3121193


Republic of Botswana.........................

CONTRACT PART 2PRICING DATA

PRICING INSTRUCTIONS

1 PRICEa) The unit price shall include delivery DPP. to the Health facilities and/or Clinics or to

such places referred to in the schedule of quantities inclusive of the cost of Packaging, Insurance, Transportation, Labour costs, Material costs and Overheads (custom duty and any other relevant levy) and the net costs and trade discounts being allowed for.

2 CURRENCY AND PAYMENTa) The prices and rates are to be stated in Botswana Pula or other acceptable

international currency – state exchange rate and date b) Goods originating from Botswana shall be quoted for and paid in Pula only.c) Where the letter of credit is required, an irrevocable letter of credit will be

established. The requirement must be clearly stated in the tender and the confirmation charges have to be paid by the beneficiary

d) Currency fluctuations in the exchange rate between the Pula and any other currencies quoted in the tender documents shall not affect the prices specified on the said documents unless the fluctuations are substantial. In this clause “substantial” means a currency fluctuation of five percent (5%) above or below that prevailing at the time of submitting tender documents. In the event of such occurrence, and provided that there has been no breach of this agreement, the proportionate increase or decrease calculated on the date of importation of the deliverables shall be added or deducted from the price originally quoted. Bidders using foreign currency should state whether or not the quoted prices will be subject to currency fluctuations and indicate the quoted exchange rate and date.

e) Payments will be effected only after delivery, installation, training and commissioning of equipment is complete.

3 VALUE ADDED TAX (VAT)a) All prices shall be VAT inclusive on items that are VAT chargeableb) Where VAT is not included in the price then the price without VAT shall be

indicated, followed by VAT quantum and finally followed by the total price including VAT.

c) Value Added Tax quantum at a rate of 12% of the items attracting VAT or the rate prevailing at the time of tender evaluation shall be factored into the prices of all products that attract VAT offered by international companies and bidders not registered for VAT for comparison on evaluation.

4 PRICE PRESENTATION

The price should be given as follows for each item;

i) Unit Price ii) VATiii) Unit Price with VATiv) Total Price with VAT

State the following in the offer (where applicable):

v) Installation cost with VATvi) Training cost (both technical and user training) with VATvii) Grand Price with VAT (inclusive of i-vi above)

All prices quoted for should be C.I.F. to the health facilities as specified in the tender.


SCHEDULE OF QUANTITIES:


Note:

• Notwithstanding the stated quantities Government may buy lesser quantities than stated here as this is subject to the availability of funds.

• Value added tax. (VAT) should be quoted separately from the unit prices and indicated as 12% of the total sum.

Detailed Technical specification

Please refer to Attachment – Equipment Specifications:

Item Item Description QTYUnit Price

VAT Total

1 Teeth cabinet 19

2 Dust extraction unit 19

3 Dental X-ray 15

NOTE: The bid price must include and provide a breakdown of the following expenses where applicable; installation, travelling, Accommodation and any other costs in the total price.

Signed ______________________________________ Date_____________________________

Name ______________________________________ Position___________________________

Bidder________________________________________________________________________________


Republic of Botswana CONTRACT PART 3SCOPE OF WORK

SCOPE OF WORK:SUPPLIES CONTRACT

1. Employer’s / Purchaser’s objectives

To reduce waiting time at Government hospitals.

2 Overview of the required supplies


3 Extent of the supplies

• Bidders are required to SUPPLY DENTAL EQUIPMENT AND ACCESSORIES • Training of the users on the use of the Equipment

The bidder should deliver the machines within the stipulated time of delivery.

4 Applicable national and international standards

All equipment submitted through the BIDS should meet international standard organisation (ISO), CE marked, FDA approved. Provide certification to that effect. Failure to meet the above will disqualify the bidder

5 Particular specificationsIn Attachment A.

6 Delivery

The equipment should be delivered, installed, and all trainings conducted within the prioritised period of 2 months. Should the bidder fail to deliver the machines within the stipulated time, failure to deliver clause in the general conditions of contract will be enforced.

7 Format of communications

Both client and The Department of Clinical Services shall communicate via formal letters.

8 Payments

Payments will be effected only after delivery, installation, training and commissioning of equipment is complete.

9 Warranty

All the Equipment must have a minimum warranty period of two years


ATTACHMENT A CTechnical Specifications

Device Description Specification

Bidder’s Response

Teeth cabinet

Cabinet with 3 inserts each for 90 sets of anterior teeth and 3 inserts each for 60 sets of posterior teeth, thus providing storage for 450 sets of teeth. Including teeth sets

Dust extraction unit

Bench dust extraction unit with arm. Maximum Vacuum of -16kPa and Noise:<50dB. Diameter of Dust pipe:4cm and typical Dimensions:24cm×24cm×41cm (H W D)

AC10684 - Panoramic Dental Radiographic ( Dental X-ray)

BIDDER’S WITHOUT PPADB CODE 202 SUB-CODE 08 WILL NOT BE CONSIDERED FOR TECHNICAL EVALUATION ON THIS ITEM.

Item SpecificationPrice

(Excluding VAT)

Provide your answer in this

Column. Please be straight to the

point

Complies Yes/No

X-Ray Generator:1.0 Panoramic dental radiographic

X-ray with Cephalometry modality included

1.1 Generator Type should be constant potential. included

1.2 Radiography KV Range continuously selectable. Range from 60 KV to 80 KV or a greater range included

1.3 Radiography mA Range selectable. Range from 0 mA to 15 mA or a greater range included

1.4 Maximum Radiography Time must not be less than 12sec. State minimum and maximum time. included

1.5 Automatic Exposure Control must be included included


2.0 Control Console 2.1 Touch Screen or Touch Key

Console on the side of the unit included

3.0 X - Ray Tube and Stand Assembly

3.1 Stationary Anode x-ray tube included3.2 Nominal Focal spot Size, 0.6

mm or better included3.2 Tube rating should be higher

than the specifications of generator ratings. included

3.4 Tube heat capacity should be at least 20kHU included

3.5 Source-to-Image Distance between 400-500mm included

3.6 Full radiographic digital system with DICOM compatibility. Included

3.7 The system must be able to accommodate Adult and Paediatric patients – standing and seated included

3.8 System should come with all software package and accessories ready for use upon installation. included

3.9 Provide full service manuals and proprietary software codes and keys. included

4.0 Safety Standards of the System

4.1 X-ray machine should be CE marked included

4.2 X-ray should be manufacture according to FDA 1020.30 regulations included

4.3 X-ray Compliance to IEC 601 included

5 Service and Maintenance

5.2

A fully comprehensive 5 year, service and maintenance contract, including all labour and parts for years 3-7 years must be Quoted for separately. 98% Up-time must be guaranteed. (optional item)

6.0 Training 6.1 Application specialist should

train all users for at least two days. included


6.2 Two (2) Biomedical engineer’s should be trained from the manufacturer’s facility. included

7.0 Total Price Per Unit (Excluding VAT and optional items)

Distribution list

Gum Charl Kanye Mabuts Rakop Letlhak Serinan BLH Palapy DRM Tutum Masun Selibe Bobon Mmad Total

Item Medical and Dental Equipment

1 Teeth cabinet 2 1 2 1 1 1 2 2 1 1 1 1 1 1 1 192 Dust extraction unit 2 1 2 1 1 1 2 2 1 1 1 1 1 1 1 193 Dental X-ray 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 15

Key1. Gum -Okavango(Gumare Primary Hospital) 2. Charl -Charleshill (Charleshill Clinic)3. Kanye -Kanye4. Mabuts -Mabutsane Clinic5. Rakop -Rakops Primary Hospital6. Serinan -Serinane Health Post7. BLH -Bamalete Lutheran Hospital8. Palapy -Palapye Primary Hospital

9. DRM -Deborah Retief Memorial Hospital10. Tutum -Tutume Primary Hospital11. Masun -Masunga Primary Hospital12. Selibe -Selibe-Phikwe Government

Hospital13. Bobon -Bobonong Primary Hospital14. Mmad -Mmadinare Primary Hospital15. Letlhak - letlhakane primary hospital