Request for Proposals (RFP) No. 2015-004 Preferred Vendor Selection for Solar Home Systems DATE: 10th April, 2015 RFP Issuance Date: 10th April, 2015 Offeror’s Questions Due Date: 5:00 PM Myanmar Standard Time 25th April 2015 Deadline for Submitting Quotations: 3:00PM Myanmar Standard Time 3:00 PM, 7 May, 2015 Pact Institute. (Pact) is requesting proposals from respective companies interested in providing Solar Home Systems to Pact’s renewable energy project called Ah Lin Yaung. Please find below a scope of work for services to be performed. An indefinite quantity type of contract with fixed prices per item is anticipated to be awarded by the second week of May 2015. The expected period of performance is from May 2015 to July 2015. Task orders will be issued for each instance of service. Proposals in sealed envelope should be submitted to the Pact in person or via mail to the following address before the deadline: Pact Myanmar Country Office Penthouse, No. 608, Bo Son Pat Condominium, Corner of Bo Son Pat street and Merchant Street, Pabedan Township, Yangon. To ensure fair dissemination of the information to all interested parties, any questions (in Burmese or English) regarding this RFP must be put in writing and sent by email to procurement department, [email protected], before 5 pm 25th April 2015. All answers to the questions will be posted online ( https://www.facebook.com/PactinMyanmar/.. ) and circulated via email to the prospective Offerors before 5 pm, 29th April 2015. Proposals submitted after the due date will not be accepted. SECTION I – TECHNICAL REQURIEMENTS A. Introduction Pact is an International Non-Government Organization that is based in United States of America with a local country office in Myanmar. In Myanmar, Pact has been implementing development, health and humanitarian programs since 1997. Its multi-sector interventions empower communities with increased knowledge and resources to care for their families better. Current donors include USAID, Chevron Foundation, Coca Cola Foundation, Ooredoo Myanmar, ABB, 3MDG/UNOPS and several others. In February of 2015, Pact Myanmar signed a cooperation agreement with ABB as part of Pact’s larger Ahlin Yaung Project initiative, focusing on access to electricity for people from rural areas in central dry zone. It’s expected that three thousand five hundred of poor and marginalized people in several townships will benefit from the project under this agreement. B. Required Product Specifications and Services Pact Myanmar – Ahlin Yaung Project is looking for suitable vendors to procure three different types of Solar Home Systems (Basic, Medium and High-end packages) for around 400 households in four different villages located in Sagaing and Magway Region, as part of its planned procurement series. Detail specifications of three different packages of Solar Home Systems with different outputs and requirements are shown in tables below. An Offeror who is interested in this project can send proposal for one or all of these packages. Page1 I. No Basic Package Item Specification to be mentioned Unit Quantity per SHS Remark No. 1 The capacity of solar panel must be enough to charge battery for lighting 1 or 2 bulbs/ lamps, at least 6 hrs/night. No. 1 No. 1 No. 1 or 2 Brand Country of Origin 1 Solar Panel Type of solar panel Rated power Rated voltage Brand Country of Origin 2 Solar Input Voltage Solar Charge Controller Rated output voltage Rated output current Rated output power Brand Country of Origin Type of battery 3 Battery Rated capacity Rated voltage Battery capacity must be enough for lighting 1 or 2 bulbs/ lamps, at least 6 hrs/night; and cell phone charging. Low voltage disconnect Cycle life Brand Country of Origin 4 Lamp Power consumption Light output - in lumens (mandatory) Lifetime Rated output voltage Cell phone Charging port 6 Cable, wires, plug, connector , Solar panel mounting equipment (if needed) and other accessories, and transportation & installation charges Wires must be at least 15 feet long between each of the light bulb and the power source. 7 Warranty period and terms, and After sales service Supplier must mention specific warranty periods for each of the items as applicable, or the whole unit. Rated output current No. The supplier needs to mention that the battery or controller has cellphone charging port, or not. 5 Page2 II. No Medium Package Item Specification to be mentioned Unit Quantity per SHS Remark No. 1 The capacity of solar panel must be enough to charge battery for lighting 2 to 4 bulbs/ lamps, at least 6 hrs/night. No. 1 No. 1 No. 2 to 4 Brand Country of Origin 1 Solar Panel Type of solar panel Rated power Rated voltage Brand Country of Origin 2 Solar Input Voltage Solar Charge Controller Rated output voltage Rated output current Rated output power Brand Country of Origin Type of battery 3 Battery Rated capacity Rated voltage Battery capacity must be enough for lighting 2 to 4 bulbs/ lamps, at least 6 hrs/night; and cell phone charging. Low voltage disconnect Cycle life Brand Country of Origin 4 Lamp Power consumption Light output - in lumens (mandatory) Lifetime Rated output voltage Cell phone Charging port 6 Cable, wires, plug, connector , Solar panel mounting equipment (if needed) and other accessories, and transportation & installation charges Wires must be at least 15 feet long between each of the light bulb and the power source. 7 Warranty period and terms, and After sales service Supplier must mention specific warranty periods for each of the items as applicable, or the whole unit. Rated output current No. The supplier needs to mention that the battery or controller has cellphone charging port or not. 5 Page3 III. No High-end Package Item Specification to be mentioned Unit Quantity per SHS Remark No 1 The capacity of solar panel must be enough to charge battery for lighting 3 bulbs/ lamps at least 6 hrs/night; plus TV. No 1 No 1 Battery capacity must be enough for lighting 3bulbs/ lamps, at least 6 hrs/night, and cell phone charging, plus TV. No 1 Inverter must have enough capacity for 3 lamps and a TV. Brand Country of Origin 1 Solar Panel Type of solar panel Rated power Rated voltage Brand Country of Origin 2 Solar Input Voltage Solar Charge Controller Rated output voltage Rated output current Rated output power Brand Country of Origin Type of battery 3 Battery Rated capacity Rated voltage Low voltage disconnect Cycle life Brand Country of Origin 4 Inverter Rated Capacity Rated input voltage Rated output voltage Brand Country of Origin 5 Lamp Power consumption No minimum 3 Light output - in lumens (mandatory) Lifetime Rated output voltage Cell phone Charging port 7 Cable, wires, plug, connector , Solar panel mounting equipment (if needed) and other accessories, and transportation & installation charges Wires must be at least 15 feet long between each of the light bulb and the power source. 8 Warranty period and terms, and After sales service Supplier must mention specific warranty periods for each of the items as applicable, or the whole unit. Rated output current No The supplier needs to mention that the battery or controller has separate cellphone charging port or not. 6 Page4 SECTION II - GUIDELINES FOR PROPOSAL PREPARATION The proposal in response to this solicitation must address the technical requirements in Section I.B. It should also contain a clear understanding of the work and the responsibilities of all parties involved. Please note that your proposal will be evaluated based on the evaluation criteria set forth in Section III. The Offeror‘s proposal should include the following information: 1. The first page of the proposal must show the following: a. The name, address, and telephone and facsimile numbers of the Offeror (and electronic address if available); b. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price offered; c. Names, titles, and telephone and facsimile numbers, and electronic addresses) of persons authorized to negotiate on the Offeror’s behalf with the Pact in connection with this solicitation; and d. Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office. 2. Capability Statement: Vendor’s ability to provide services outlined in Section I.B.. 3. Past Performance. Offeror shall list at least three major contracts the vendor has held over the past three years for the same or similar work. Provide the following information for each contract: a. Customer's name, address, and telephone numbers of customer's lead contract and technical personnel; b. Date of the contract, place(s) of performance, and delivery dates or period of performance; c. Contract size and dollar value; d. Brief description of the technical requirements and comparability to the requirements under this solicitation; 4. Quotation 5. Brochures and/or photos of the proposed packages The quotation should be separate for each of the packages that the Offeror is interested to provide. Offeror must provide detailed technical specifications using the outline provided in the section I.B of this RfQ. Pricing must be fully comprehensive, complete, and list any available discounts. All one-time and recurring costs must be fully described, including any applicable taxes, duties, VAT and other levies up to a delivery point in Yangon, Myanmar. Transportation costs of SHSs from Yangon to field offices, if to be handled by the Offeror on Pact’s request, can be billed separately after the award. Pricing information supplied with the proposal must be valid for at least 60 (sixty) days after the due date for proposal submission. All costs are to be quoted in either Myanmar Kyats (MMK). Page5 SECTION III – EVALUATION CRITERIA Pact will conduct a Best Value source selection based on evaluation factors listed below. These factors will serve as the standard against which all technical information will be evaluated and identify the determination factors that Offerors should address. Pact intends to evaluate Offerors’ proposals in accordance with the following criteria, and make an award to the Offeror submitting the most responsive, reasonable offer that offers the best value to Pact. Proposals will be scored based on a 100 points system. For overall evaluation purposes, combined technical evaluation factors are less important than cost or price. However, Pact will not select an Offeror for award on the basis of least cost without considering the technical proposals and past performance. Pact may obtain references for personnel from other than the sources identified by the Offeror and may seek references in writing, by telephone, or in person. Pact shall determine the relevance of these references. Pact also reserves the right not to contact the references identified by the Offeror. Information gathered from references will be used to help determine the best value decision. Pact may, upon discretion of the evaluation committee, conduct a visual verification of the items if needed to finalize the evaluation of the proposals. In doing so, Pact shall inform to and liaise with the vendor prior to visual verification for obtaining samples. The following evaluation criteria will be used to appraise the proposals received. 1. Price (35 points) 2. Quality (35 points): Quality of products will be considered based on Country of origin, Warranty, After sales service. 3. Delivery Time (20 points) 4. Spare parts availability in local market, and means to honor the suppliers’ warranty (10 points) SECTION IV – TERMS AND CONDITIONS Pact intends to award a contract resulting from this solicitation to the responsible Offeror whose proposal represents the best value after evaluation in accordance with the factors in the solicitation. Offerors should note the following: 1. Pact may reject any or all proposals if such action is in the Pact's interest. 2. Pact is not obligated to make an award or to pay for any costs incurred by the Offeror in preparation of a proposal in response hereto. 3. Pact reserves the right to evaluate proposals and award a contract without discussions with Offerors. Therefore, the Offeror's initial proposal should contain the Offeror's best terms from a cost or price and technical standpoint. Pact reserves the right to conduct discussions if Pact later determines them to be necessary. If Pact determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, Pact may limit the number of proposals in the competitive Page6 range to the greatest number that will permit an efficient competition among the most highly rated proposals. 4. Pact reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the Offeror specifies otherwise in the proposal. 5. Pact reserves the right to make multiple awards if, after considering the additional administrative costs, it is in Pact’s best interest to do so. 6. Exchanges with Offerors after receipt of a proposal do not constitute a rejection or counteroffer by Pact. 7. Unsuccessful Offerors will be notified as soon as possible following an award. Pact agrees that all submissions shall be held as confidential, shall not be disclosed outside of Pact, and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this Offeror as a result of-or in connection with-the submission of this data, Pact shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit Pact’s right to use information contained in a proposal if it is obtained from another source without restriction. Page7 Annex A - Clauses Incorporated into Any Final Agreement The provisions below may be incorporated into the final agreement. Pact reserves the right to propose additional terms or omit terms that are not required. 1. PERFORMANCE AND DELIVERY The Offeror shall commence performance of this agreement on the effective start date and shall make final delivery of completed tasks and work products no later than the completion/delivery date indicated on the cover page of this agreement, unless this agreement is cancelled earlier or extended by written modification executed by the Parties. Any specific delivery schedule(s) for services and/or work products ordered hereunder will be specified in the Indefinite Quantity Contract (IQC) or specific tasks orders issued under the IQCs. Whenever the Vendor knows, or reasonably should know, that any actual or potential condition is delaying, or threatens to delay, the timely performance of work under this agreement, the Vendor shall, within five (5) calendar days, provide Pact written notice thereof, including all relevant information with respect thereto. 2. AGREEMENT PRICE The Vendor shall provide the services and work products specified in the Indefinite Quantity Contract (IQC) or specific tasks orders issued under the IQCs up to ceiling or fixed price indicated on the cover page of this agreement. Price(s) set forth in this agreement, including modifications, shall be the only amount payable to the Vendor by Pact upon satisfactory fulfillment of requirements this agreements. 3. STATEMENT OF WORK The Vendor shall provide the services and delivery of the work products specified in the Indefinite Quantity Contract (IQC) or specific tasks orders issued under the IQCs. The Vendor shall perform the work required hereunder according to the highest professional standards, utilizing qualified personnel, good and sufficient materials and equipment. The Vendor may receive, and shall abide by, technical directions from Pact’s Project Manager. The Vendor shall be responsible for providing or arranging for all logistic support. The Vendor warrants that its services, as specified herein, will be performed in a professional manner and will meet the descriptions, specifications and standards required by Pact. 4. INVOICING AND PAYMENT The Vendor should submit its invoice to Pact after distributing solar products and providing trainings to respective villages, or as defined and agreed between vendor and Pact. Institute. The Vendor certifies that each invoice presented for payment shall be solely for services performed and work products delivered and no part or portion of any invoice represents or is attributable to any payment, gift, gratuity or other thing of value given to any person, organization, entity or governmental body (except for those payments required by law). Pact agrees to pay the Vendor for its invoices submitted within 8 days of receipt of a proper invoice provided that the requirements of this agreement are being met by the Vendor, including the provision of products and/or services according to the schedule specified in the Statement of Work. A proper invoice must include: 1. The Vendor’s name and complete address; 2. Vendor’s bank account details; Page8 3. 4. 5. 6. Date of invoice; The agreement number; The period/services/deliverables covered by the invoice; and For fixed-price agreements: the fixed amount billed for the stated deliverable. Invoices shall be submitted to Procurement Manager, Pact Myanmar, No. 608, Bo Son Pat Condominium, Corner of Bo Son Pat Street and Merchant Street, Pabedan Township, Yangon. The preferred method of payment is Direct Company Bill. Invoices should be sent to Pact after shipping the solar products, or as defined and agreed between vendor and Pact. Payments shall be made to the Vendor by electronic bank transfer to the bank account provided by the Vendor within 15 working days of receiving a complete and acceptable invoice from the vendor unless another mechanism is requested by the Vendor. In addition to any other available remedies, if, in the opinion of Pact, the Vendor fails to perform in accordance with the terms of the contract, the Pact Project Manager may refuse or limit approval of any invoices for payment, and may cause payments to the Vendor to be reduced or withheld until such time as Pact determines that the Vendor has met the performance terms as established by the contract. 5. TAXES The vendor is responsible for payment of any applicable tax to the relevant authority. 6. REQUIRED INSURANCE The Vendor shall be responsible for obtaining and maintaining all insurance required by the local law. Upon request by Pact, the Vendor shall furnish Pact with a certificate of insurance depicting the insurance requirements. Pact reserves the right at any time to immediately terminate the agreement, or any portion thereof, if in Pact's opinion such insurance coverage is inadequate. 7. CHANGES AND MODIFICATIONS Changes ordered by Pact that cause an increase or decrease to the cost or time required to perform the work ordered, the Parties shall negotiate an equitable adjustment in price to account for the increase or decrease. All changes ordered by Pact must be ratified in a written modification to this agreement and duly executed by authorized officers of Pact and the Vendor. 8. COMPLETE AGREEMENT This agreement expresses the entire agreement and understanding of the parties with respect to the subject matter hereof, supersedes prior oral and written agreements between the parties, and may only be modified by an instrument in writing executed by both the Vendor and Pact. 9. INDEPENDENT CONTRACTOR STATUS This agreement does not bind nor purport to bind the donor or sponsor agency providing funds to Pact. The execution of this agreement and performance of the work contracted hereunder shall not (a) create the relationship of principal and agent, employer and employee, joint venture, or partnership between Pact and the Vendor; and (b) establish any privity of contract between the Vendor and Pact’s client that provides funding for this agreement. Page9 10. INDEMNIFICATION The Vendor is solely and exclusively liable to third parties for all costs incurred by the Vendor, all claims of damages against the Vendor arising out of, or based on its performance of this agreement. The Vendor shall indemnify and hold harmless Pact and Pact’s clients, including their respective officers, agents and employees, against all liability or loss, demands, suits, damages and claims or actions, fines of judgments (including costs, attorney’s and witnesses’ fees and expenses incident thereto) based upon or arising out of property loss or damage and of personal injury or death which may be sustained by the Vendor or by any of its employees, agents, Offerors, or subcontractors as a result of performing the work required under this agreement, excepting only liability arising from affirmative acts, done with intent to cause loss, damage or injury, by Pact or Pact’s client(s) or the officers, agents or employees of either. 11. ASSIGNMENT This agreement or any interest herein nor claim hereunder shall not be assigned, transferred, or subcontracted by the Vendor except as expressly agreed upon in writing by Pact’s contracting authority. 12. WARRANTIES The Vendor warrants that: 12.1. The Vendor and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded for the award of contracts by any Federal agency. 12.2. It is not aware of relevant facts or circumstances which might indicate the existence of or give rise to actual or potential organizational conflicts of interest. Organizational conflict of interest means that because of other activities or relationships with other persons, a person in unable or potentially unable to render impartial assistance or advice, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. 12.3. It has all the rights necessary to perform the services and deliver the work products ordered and shall perform its responsibilities under this agreement in a professional and highly skilled manner and to standards not less than those generally accepted in the Vendor’s industry. 13. STOP-WORK ORDER Pact’s contracting authority, may at any time, by written order to the Vendor require the Vendor to stop all, or any part, of the work called for by this agreement for a specified period after the order is delivered to the Vendor, and for any further period to which the parties may agree. Upon receipt of the order, the Vendor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. 14. EXCUSABLE DELAYS The Vendor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Vendor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, Page10 fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Vendor shall notify Pact in writing as soon as it is reasonably possible after the commencement of any excusable delay. 15. TERMINATION 15.1. For Convenience. Pact may terminate performance of work under this agreement, in whole or in part, for its convenience upon thirty (30) days’ notice to the Vendor without obligation or liability of any nature except to make payments to the Vendor for services rendered up to the effective date of termination. Upon such notice, the Vendor shall use its best efforts to conclude its work and minimize costs up to the effective termination date of the agreement. 15.2. For Default. If either party default in its obligations under this agreement fails to cure the default within ten (10) days after receiving written notice specifying the default, the party not in default shall be entitled to immediately terminate the agreement upon written notice to the other party. Pact shall not be liable to the Vendor for any amount for goods and/or services not accepted by Pact. The election to terminate shall not be construed to be an election of remedies or a waiver thereof, and the party not in default shall be entitled to each and every other remedy available at law and/or in equity. 15.3. Bankruptcy. If the Vendor shall be declared insolvent or bankrupt, or if any assignment of its property shall be made for the benefit of creditors or otherwise, or if its interest herein shall be levied upon under execution or seized by virtue of any writ of any court, or if a petition is filed in any court to declare the Vendor bankrupt and not dismissed within sixty (60) days, or if a trustee in bankruptcy, receiver or receiver-manager or similar officer is appointed for the Vendor or for any of the Vendor’s assets, then Pact may, at its option, terminate, without charge, this agreement or a portion thereof and shall thereupon be free from all liability under this agreement. The ability of Pact to terminate in such instances shall be subject to the applicable bankruptcy and insolvency statutes. 16. COMPLIANCE WITH LAWS AND REGULATIONS 16.1. The Vendor shall comply with all local laws and regulations of Myanmar. 16.2. The Vendor understands and agrees that it shall be unlawful for the Vendor and/or any agent of the Vendor to make any kind of offer, payment, promise to pay, or authorization for payment of any money, or offer, gift, of anything of value to any foreign official or to a person who will pass the transaction (either in whole or a portion of) on to a foreign official. 16.3. The Vendor shall be responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including attorney’s fees, all expense of litigation and/or settlement, and court costs, arising from any act or omission of Vendor, its officers, employees, agents, or subcontractors at any tier, in the performance of any of its obligations under this section. Vendor shall include the terms of this section in all subcontracts issued when technical data is provided to such subcontractors. 17. DISPUTES In case of a dispute arising from this agreement, the parties shall use their best efforts to arrive at a mutually acceptable resolution. Any dispute that is not settled through best efforts shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration shall take place in Washington, D.C. The language of arbitration shall be English. Arbitrator(s) shall be appointed as provided in the American Arbitration Association Commercial Arbitration Rules. The arbitrator(s) may Page11 not award punitive or special damages. The parties in dispute shall each pay its own expenses in conjunction with the arbitration, but the compensation and expenses of the arbitrator(s) shall be borne in such manner as may be specified in the decision of the arbitrator(s). No news release, public announcement, denial or confirmation of any part of the subject matter of this agreement shall be made without the prior written consent of Pact. The restrictions of this article shall continue in effect upon completion or termination of this Agreement for such period of time as may be mutually agreed upon in writing by the parties. In the absence of a written established period, no disclosure is authorized. The Vendor shall proceed diligently with its performance of this agreement pending the final resolution of any dispute arising or relating to this agreement. Pact shall continue to reimburse the Vendor for its allowable costs in accordance with the payment provisions of this agreement except for those costs related to the dispute. 18. APPLICABLE LAW This agreement shall be governed by and construed under the laws of Myanmar. 19. VALIDITY OF TERMS If any term herein is determined to be unenforceable, such a determination shall not affect the validity of the remaining provisions provided that such unenforceability does not materially affect the parties’ rights under this agreement. The failure of a party to enforce any provision herein, it shall not constitute a waiver of such provision or the right of such party to enforce such provision and every other provision. 20. ORDER OF PRECEDENCE In the event of an inconsistency between provisions of this agreement, the inconsistency shall be resolved by giving precedence in the following order: (a) the terms and conditions of this agreement and (b) the Statement of Work. Page12
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