Request for Proposal (RFP) for Provision of Transport Services for Rwandair

• Definitions

1. 1.  “Client/Procuring Entity” means the agency with which the selected Service Provider signs the Contract for the Services.
   2. “The Service Provider” means any entity or person that may provide or provides the Services to the Client under the Contract.
   3. “Contract” means the agreement between the procuring entity and the successful bidder.
   4.  “Day” means calendar day including holidays unless provided otherwise.
   5. “Government” means the Government of the Republic of Rwanda.
   6. “Instructions to Service Providers” means the document, which provides short listed Service Provider with all information needed to prepare their Proposals.
   7. “Request for Proposal” means the Letter of Invitation being sent by the Client to the short listed Service Providers inviting them to Bid.
   8.  “Proposal” means the Technical Proposal and the Financial Proposal.
   9.  “Services” means the work to be performed by the Service Provider pursuant to the Contract.
   10. “Sub-contractors” means any person or entity with whom the Service Provider subcontracts any part of the Services.
   11. “Terms of Reference” (TOR) means the document included in the RFP which explains the objectives, scope of work, activities, tasks to be performed, respective responsibilities of the Client and the Service Provider, and expected results and deliverables of the assignment.

II. Instructions to Bidders 

The short-listed Service Providers are invited to submit their Financial Proposal for the provision of transport services for RwandAir Staffs within city of Kigali. The Proposal will be the basis for contract negotiations and ultimately for a signed Contract with the selected Service Provider.

Rwanda Public Procurement policy requires that service provider provide professional, objective, and impartial advice and at all times hold the client’s interests paramount, strictly avoid conflicts with other assignments or their own corporate interests, act without any consideration for future work and in accordance with the law on public procurement as completed and modified to date.

Without limitation on the generality of the foregoing, Service Provider, and any of their affiliates, shall be considered to have a conflict of interest and shall not be recruited, under any of the circumstances set forth below:

Conversely, a service provider hired to provide consulting services for the preparation or implementation of a project, and any of its affiliates, shall be disqualified from subsequently providing goods or works or services other than consulting services resulting from or directly related to the Service Provider’s consulting services for such preparation or implementation. For the purpose of this paragraph, services other than consulting services are defined as those leading to a measurable physical output, for example surveys, exploratory drilling, aerial photography, and satellite imagery.

A Service Provider (including its Personnel and Sub-contractors) or any of its affiliates shall not be hired for any assignment that, by its nature, may be in conflict with another assignment of the Service Provider to be executed for the same or for another Client. For example, a Service Provider hired to prepare engineering design for an infrastructure project shall not be engaged to prepare an independent environmental assessment for the same project, and a Service Provider assisting a Client in the privatization of public assets shall not purchase, nor advice purchasers of, such assets. Similarly, a Service Provider hired to prepare Terms of Reference for an assignment should not be hired for the assignment in question.

A Service Provider (including its Personnel and Sub-contractors) that has a business or family relationship with a member of the Client’s staff who is directly or indirectly involved in any part of (i) the preparation of the Terms of Reference of the assignment, (ii) the selection process for such assignment, or (iii) supervision of the Contract, shall not be awarded a Contract.

No current employees of the Client shall work as Service Provider in government ministries, departments or agencies. Recruiting former government employees of the Client to work for their former ministries, departments or agencies is acceptable provided no conflict of interest exists.

If a short-listed Service Provider could derive a competitive advantage from having provided any services related to the assignment in question, the Client shall make available to all short-listed Service Provider together with this RFP all information that would in that respect give such Service Provider any competitive advantage over competing Service Provider.

The Rwanda public procurement regulations require that all Service Providers participating in this tender adhere to the highest ethical standards, both during the selection process and throughout the execution of a contract. In pursuance of this policy, the Rwanda public procurement laws and regulations:

defines, for the purpose of this paragraph, the terms set forth below as follows:

1. corrupt practices: offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of a civil servant or government entity;
2. Fraudulent practices: any legal violation, including acts of deliberate misrepresentation, intentional recklessness, misleading or attempting to mislead a civil servant to obtain financial or other benefit;
3. “Collusive practices”: an arrangement between two or more parties designed to achieve an illegal purpose, including influencing improperly the acts of another party or the civil servant;
4. “coercive practices” means any act intending to harm or threaten to harm directly or indirectly persons, their works or their property to influence their participation in the procurement process or affect its performance
5. “Obstructive practices”: destroying, falsifying, altering or concealing of material evidence to the investigation or making false statements to investigators deliberately in order to materially impede investigation into allegations of a corrupt, coercive or collusive practice; and threatening, harassing or intimidating any party to prevent it from disclosing its information about matters relevant to the investigation or from pursuing the investigation;

(b)require rejection of a proposal for award if it is determined that the Service Provider recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for the contract in question;

(c)require sanctions to a Service Provider, including declaring the Service Provider ineligible, either indefinitely or for a stated period of time, to be awarded any contract if at any time it is determined that the Service Provider has, directly through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing a contract; and

(d)gives the right to require that, a provision be included requiring Service Provider to permit the procuring entity to inspect their accounts and records and other documents relating to the submission of proposals and contract performance, and have them audited by auditors appointed by client.

Invited Service Provider may only submit one proposal. If a Service Provider submits or participates in more than one proposal, such proposals shall be disqualified.

The Proposals must remain valid after the submission date for a period of 120 days. The Client will make its best effort to complete negotiations within this period. Should the need arise; however, the Client may request Service Provider to extend the validity period of their proposals. The Service Provider who do not agree have the right to refuse to extend the validity of their Proposals and Client (RwandAir) may consider the next ranked Bidder.

10.  Clarification and Amendment of RFP Documents

Service Provider may request a clarification of any of the RFP documents up to two days before the submission date. Any request for clarification must be done by writing an email to the client at procurement@rwandair.com . The Client will respond by email (including an explanation of the query but without identifying the source of inquiry) to all Service Provider. Should the Client deem it necessary to amend the RFP because of a clarification, it shall do so and share the amendment to all the invited Bidders.

At any time before the submission of Proposals, the Client may amend the RFP by issuing an addendum in writing or by standard electronic means. The addendum shall be sent to all Service Providers and will be binding on them. Service Provider shall acknowledge receipt of all amendments. To give Service Provider reasonable time in which to consider an amendment in their Proposals the Client may, if the amendment is substantial, extend the deadline for the submission of Proposals.

a. The Proposal as well as all related correspondence exchanged by the Service Provider and the Client shall be written in English.

The Financial Proposal shall be prepared refer to below table with terms of reference. It shall list all costs associated with the assignment. All activities and items described in the Technical Proposal must be priced separately; activities and items described in the Technical Proposal but not priced, shall be assumed to be included in the prices of other activities or items.

The Service Provider may be subject to local tax where applicable on amounts payable by the Client under the Contract. The Bidders shall express their Bid price in Rwandan Francs.

14.1 The original proposal (Financial Proposal) shall contain no interlineations or overwriting, except as necessary to correct errors made by the Service Provider themselves. The person who signed the proposal must initial such corrections.

14.2. An authorized representative of the Service Provider shall initial all pages of the original Financial Proposals. The authorization shall be in the form of a written power of attorney accompanying the Proposal or in any other form demonstrating that the representative has been dully authorized to sign. The signed Financial Proposals shall be marked “Original” and shall be sent to E-supplier portal link RwandAir Supplier Portal.

15.1. From the time the Proposals are opened to the time the Contract is awarded, the Service Provider should not contact the Client on any matter related to its Technical and/or Financial Proposal. Any effort by Service Provider to influence the Client in the examination, evaluation, ranking of Proposals, and recommendation for award of Contract may result in the rejection of the Service Provider’ Proposal.

Evaluators of Technical assessment shall be done together with Financial Proposals and results will be published having considered both Technical and Financial evaluation.

15.3. The Financial Proposal of the Service Providers who met the requirements will then be considered for evaluation and those that did not will be disqualified.

15.4. The Evaluation Committee will correct any computational errors. When correcting computational errors, in case of discrepancy between a unit prices and the total amount, or between word and figures the formers and the unit prices will prevail. The proposed price should patent rights, license and all other charges applicable to deliver to service to the client. The client shall not be obliged to pay any cost above the Bid price.

16.1. Negotiations will be held on line or physical meeting as both parties will agree.

16.2. If applicable, it is the responsibility of the Service Provider, before starting financial negotiations, to contact the local tax authorities to determine the local tax amount to be paid by the Service Provider under the Contract. The financial negotiations will include a clarification (if any) of the Service Provider’s tax liability in the Republic of Rwanda, and the manner in which it will be reflected in the Contract; and will reflect the agreed technical modifications in the cost of the services. The financial negotiations will involve discounts, payment terms and so on.

16.3. Negotiations will conclude with a review of the draft Contract. To complete negotiations the Client and the Service Provider will initial the agreed Contract. If negotiations fail, the Client will invite the Service Provider whose Proposal is ranked the second to negotiate a Contract.

17.1. After completing negotiations, the Client shall award the Contract to the best-selected Service Provider, and promptly notify all Service Providers who submitted proposals. The Service Provider is expected to commence the services on the date agreed on in the contract.

Information relating to evaluation of Proposals and recommendations concerning awards shall not be disclosed to the Service Provider who submitted the Proposals or to other persons not officially concerned with the process, until the publication of the award of Contract. The undue use by any Service Provider of confidential information related to the process may result in the rejection of its Proposal and may be subject to the sanctions under the law on public procurement.

Year of Manufacture year 2000-2005.

Nzove -Kigali

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Nzove -Kigali