FRAMEWORK TENDER NOTICE

Contract title:          Providing Transportation Services for all projects in Chisinau and Balti, Moldova (Leasing of Vehicles Including Driver)

Project code:            Various

Tender number:      MDAC000130

Procedure:               Negotiated Tender with Publication

Location:               Chisinau, Moldova

Contracting Authority:     Člověk v tísni, o.p.s. (People in Need, hereinafter PIN)

entered in the Register of Non-profit Organizations administered by the Municipal Court in Prague, Volume O, File 119

With its registered office at: Šafaříkova 635/24, 120 00 Prague 2

ID: 257 55 277

Local Office Address:  Mateevici 56 Str., MD 2009, Tel.: +373 60 98 99 05

PART 1. INSTRUCTION TO TENDERERS

I. Scope of tender

1. Qualified tender offers (bids) are sought from competent contractors registered for the following services:

• Providing Transportation Services for all projects in Chisinau and Balti, Moldova (hereinafter referred as a Leasing of Vehicles Including Driver) according to the below specification in Annex A: Specification List

The preferred bidder (-s) will be required to enter into a framework agreement of fixed price with a mulitple bidders for a one year with the possibility extension for PIN on conditions set out in attached Annex A: Specification list of the tender documentation.

2. All tenderers shall quote price for requested Providing Transportation Services for all projects in Chisinau and Balti, Moldova (leasing of vehicles including driver) in Lei (MDL) according to Annex A: Specification List. PIN, as the contracting authority, does not guarantee any volume of orders under Framework Agreements.

II. General conditions

1. All conditions of the Framework Agreement, as well as the unit cost indicated in Annex A: Specification List, will stay unchanged;

2. All prices must be quoted in following currency: Lei (MDL) for 1 (one) km of performing transportation services.

3. If it is necessary to purchase more transportation services (leasing of vehicles including driver) that are not defined in Annex A: Specifications List, but similar in their characteristics and purpose of use to those listed in Annex A: Specification List, PIN may purchase them if they are offered at a competitive price;

4. The detailed description of the subject of leasing (vehicle) as proposed trade mark, manufacturer, country of origin, main characteristics (car body, color, number of doors, AC, type of transmission, engine (volume & power in kW), ABS and other break systems, power steering, doors lock and etc.) should be clearly indicated in Annex A: Specification List. Tenderer’s offers without detailed description of the offered subject of leasing (vehicle) might not be taken to consideration;

5. Transportation services (leasing of vehicles including driver) will be considered as not delivered until all documentation including registration documents of car (-s), valid driving license of a driver (-s), any type of insurance related to the subject of current tender, if it`s requested by current legislation of Moldova and will not be provided to PIN and so contractor (-s) can be penalized according to the Framework Agreement. PIN reserves the right to postpone final payment till the moment of reception of full documentation set.

6. PIN will not reimburse any costs for fuel, vehicle (-s) maintenance, spare parts etc. and no remuneration for driver (-s) (including provision of food) of leasing vehicle (-s) and other related costs.

7. Minimum requirements for vehicles (specification and type):
8. Color: no associated with army forces (light green, green-brown, yellow-grey, light and dark grey, khaki, black)
9. The year of vehicle manufacturing shall not be earlier than 2013
10. Driver and front passenger airbags
11. Air conditioner
12. Valid comprehensive insurance if it`s mandatory according to current legislation of Moldova

8. Minimum requirements for vehicles (safety and other equipment, spare parts):
9. Fire extinguisher, First Aid Kit, Warning accident sign
10. Seat-belt restraints  
11. Spare tire, Jack, Lug wrench, Shovel,
12. Set of wrenches, Set of screwdrivers, Pliers, Towing rope / string, Puncture kit
13. Drivers shall have good driving skills, experience in driving and shall meet the below minimum requirements:
14. Minimum 3 years’ experience in driving
15. Valid driving license
16. Experience and good knowledge of roads, routs of Moldova
17. Driver has no criminal record,
18. Basic knowledge of English is preferable.

10. Driver (-s) will be asked to pass driving test including knowledge of traffic rules with the presence of PIN, if necessary.

11. The Winner (-s) is obliged to inform PIN in case of need of any change in respect of subject of current tender. Any change in respect subject of the contract (car) must be approved by PIN.

12. Payment / renumeration for transportation services (leasing of vehicles including driver) on monthly basis will be completed within 7 (seven) days after submitting the invoice and based on proper documentation (paper invoice, act of services acceptance etc.) for each certain month for the whole scope of performed services confirmed by PIN.

13. The contract (agreement) awarded from this tender to successful tenderer (-s) is a Framework Agreement (FWA) of Fixed Price with multiple bidders. A framework is a non-exclusive agreement with a 3 (three) qualified tenderers (the best, second-best and third best ranking bidder) who will rank the highest scores in meeting the selection criteria to establish terms governing contracts that may be awarded during the period of the Framework Agreement / Contract. In other words, it sets out terms and conditions for making specific purchase at a set price. PIN, as the contracting authority, does not guarantee any volume of orders under Framework agreements as all purchases will be based on the needs and activities of PIN.

14. The FWA will set prices for a year. During the framework agreement contract individual purchases will be initiated by Purchase Orders (PO). The Purchase Order will be always delivered to the highest-ranking tenderer. Only if the highest-ranking tenderer would not be able to perform the leasing of cars (including driver) in requested deadline and quantity, the next tenderer will be delivered a Purchase Order.

15. The FWA is a fixed price contract. However, PIN is aware of the turbulent economic situation in the Moldovan market and its downstream impact on the fuel prices. The changes in prices are reflected by the National Energetic Regulation Agency (www.anre.md). Fuel prices are published daily. Therefore, tenderers will agree the following:

The PIN or the Vendor are entitled to submit the request for transportation services prices change if for 30 consecutive days the fuel price registers difference bigger than 25% from the fuel price at the date of signing contract. The change in prices for transportation services will not exceed 1/3 of the percentage of fuel price change. The request for prices changes has to be accompanied by official statistic published by the National Energetic Regulation Agency.

The request for transportation services prices change may be submitted not earlier that 3 month from the date of signing contract or from the date of last change.

Any amendment must be confirmed by the parties in writing and accompanied by the evidence published by the National Energetic Regulation Agency. The fuel price statistics will be printed out and attached to the amendment.

Example:

At the day of signing contract price for transportation was 10 MDL/km and the fuel cost was 30 MDL/L. Later, for 30 consecutive days fuel price noticed an 30% increase (39 MDL/L).

In this case Vendor may request a 10% (1/3 from 30%) increase in transportation price, up to 11 MDL/km. 

III. TENDERING

1. Tender forms and instructions included in tender documentation must be strictly followed otherwise the tender offer might be excluded.

2. If any of the Tenderers requires any clarification relating to the tender, such question should be sent to PIN by e-mail to the following e-mail address: moldova@peopleinneed.net before 7 February 2023, 17:00. If PIN answers the question, all other Tenderers will be copied the answer. Communication will be held through e-mail. PIN does not guarantee that all questions will be answered.

3. To ensure that PIN could copy the answer to all tenderers, all Tenderers are advised to send their e-mail contacts to the above specified PIN e-mail address, or otherwise ensure that PIN knows their contact details.

4. In case the Tenderer does not inform PIN about corresponding e-mail address PIN will send the copy of the answer to any e-mail address available to PIN from public sources and then the Tenderer cannot claim that they/it did not know the same information as other Tenderers.

5. Tender offers (Bid for MDAC000130: Providing Transportation Services for all projects in Chisinau and Balti, Moldova (Leasing of Vehicles Including Driver) . DON’T OPEN BEFORE 07.02.2023, 17:00) have to be submitted to PIN before closing date and time: 7 February 2023, 17:00 to following address: PIN Office | Mateevici 56 Str., MD 2009, : +373 60 393602

or to send offers / proposals by e-mail to PIN e-mail box tender.moldova@peopleineed.net. Bids received after the closing time and date will not be considered.

6. Tender offer must have maximum 20 pages;

7. Tender offer must remain valid for the period of 60 (sixty) days from the date of closing unless withdrawn in writing before the close of tenders.

8. FWA is concluded with the winning tenderer. Should the winning tenderer fail to provide to PIN the necessary cooperation to conclude the contract within the period of 30 days upon the tender results notice, PIN can further negotiate with the second-best tenderer that shall be considered the winning tenderer. Should they fail to conclude the contract with the second-best tenderer within 15 days following the notice, PIN is allowed to cancel the tender. Notice of results shall be deemed the third day following the day of dispatch of the tender results notice.

IV. QUALIFICATION AND EVALUATION CRITERIA

1. To accept or reject the tender is the responsibility of the Evaluation Committee, decision of which shall be final.

2. Each tenderer must meet and properly prove the following qualification criteria with relevant documentation

1. Specifications List (Annex A and A1)
2. Signed and stamped Sworn Eligibility Statement (Annex B)
3. Authorization to engage in business activities in the respective field (license, certification, confirmation etc.)
4. Copy of registration documents and other related documents, if any, (records of service checks, insurance, photo etc.) for vehicles, which will be used for PIN transportation contract
5. Copy of driver’s driving licenses for drivers, involved in contract;
6. Copy of documents related to past experience and references

Tenderers which don’t meet minimum criteria will be rejected.

3. The tender evaluation committee will evaluate and award the contract based on the lowest price and correspondence to qualification criteria.

IV.OTHER PROVISIONS

1. Further negotiations with a tenderer the about price and conditions are allowed if the negotiation is directed at making the bid more favorable for PIN.

2. In justified cases after receiving bids and/or during the negotiation (especially if it becomes apparent, that none of the tenderers can execute the contract in its full extent) is PIN entitled to split the contract between two or more suppliers so, that each of them will supply part of the contract. This decision must be announced to all bidders so, that they have chance to modify their bids.

3. In case additional material would prove to be necessary for finalization of the activity for which this tender is published, PIN reserves the right to procure them from the winner of this tender under a negotiated procedure on the basis of a single tender if the potential extension of the contract for a value and duration wouldn´t exceed the value and the duration of the initial contract awarded under this tender.

4. Tenderers will be notified about the results of the tender via e-mail within 10 (ten) working days after the termination of the tender.

1. SUMMARY OF REQUIREMENTS ON TENDER OFFER

Tender offer (bid submitted by the tenderer) shall consist of the following documents and have maximum 20 pages.

PART 2: TERMS AND CONDITIONS

I.EXCLUSION AND DISQUALIFICATION

1. PIN shall exclude from the tender any bid of a tenderer falling into any of the following cases:

1. They are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;
2. They or persons having powers of representation, decision-making or control over them have been convicted of an offence concerning their professional conduct by a judgement that has the force of res judicata;
3. They have been guilty of grave professional misconduct proven by any means that the contracting authority can justify;
4. They have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or those of the Czech Republic
5. They or persons having powers of representation, decision making or control over them have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organization, money laundering or any other illegal activity, where such illegal activity is detrimental to the EU's financial interests;
6. Following another procurement procedure or grant award procedure financed by PIN or donor of the project, they have been declared to be in serious breach of contract for failure to comply with their contractual obligations
7. They do engage in the employment of children, disrespect basic social rights and working conditions based on international labour standards
8. They have engaged in the trafficking in persons and have provided any support (direct or indirect) of terrorism, including the financing of terrorism, or transactions with persons connected with terrorism.
9. They are currently subject to an administrative penalty imposed by donor or have been listed by the donor as ineligible for participation in award procedures financed by donor´s money.

Points (a) to (d) do not apply to the purchase of supplies on particularly advantageous terms from either a supplier which is definitively winding up its business activities, or the receivers or liquidators of a bankruptcy, through an arrangement with creditors, or through a similar procedure under national law.

Tenderers shall declare they are in none of the situations listed above by the signature of Eligibility Sworn Statement form.

2. Bids of tenderers shall be disqualified from the tender who, during the procurement procedure:

1. tenderer is subject to a conflict of interest;
2. tenderer has not stated true facts or has misinterpreted information required by PIN, or fails to provide timely such information or to provide required documents stated by PIN as condition for participation in the tender;
3. tenderer does not meet the PIN qualification criteria or requirements stipulated in the tender documentation.

3. The Vendor hereby declares and warrants that the Vendor has seen and understood the terms of the below mentioned policies and it complies and shall comply with all applicable terms and conditions specified therein:

PIN Policy on Ethical Conduct, PIN Code of Conduct, PIN Anti-Corruption Policy and other related policies referred to therein, which are incorporated by reference and represent an integral part of this tender notice. Electronic copies containing the complete text are available at: www.clovekvtisni.cz/policies

4. The Vendor will immediately and without undue delay inform PIN of any event which interferes or threatens to materially interfere with this Tender notice, including suspicion of or actual fraud, corruption, bribery, theft, terrorist financing or other misuse of funds. Such information should be passed in the first instance tonet.

All information will be treated with the upmost confidentiality. Information can also be reported directly to the PIN programme team where appropriate, these will be immediately passed on to the above-mentioned e-mail address.

II. Code of conduct for suppliers

In addition to the above conditions for disqualification, Code of Conduct for Suppliers defines all areas that PIN expects all of its suppliers at minimum to respect, and operate in ways that meet fundamental responsibilities in human rights, labour, environment and anti-corruption.  The Code of Conduct is defined by the Ten principles of the UN Global Compact^[1]:

• Support and respect the protection of internationally proclaimed human rights;
• No involvement in human rights abuses;
• Freedom of association and recognition of right to collective bargaining;
• Employment is freely chosen, not forced or compulsory;
• No exploitation of children and child labour;
• No discrimination in respect of employment and occupation;
• Support a precautionary approach to environmental challenges;
• Accept greater environmental responsibility promotion;
• Encourage the development and spread of environmentally friendly technologies;
• Adhering to highest standards of ethical conduct behaviour, including: working against corruption and all its forms, conflict of interest disclosure, respect to local

III. CANCELLATION OF THE TENDER

PIN may cancel the announced tender or not conclude contract with the winning tenderer in the following cases:

IV.GENERAL CONDITIONS

1. The Tenderer shall bear all costs associated with the preparation and submission of the Tender, and PIN will in no case be responsible or liable for such costs.

2. The tenderer hereby declares and warrants that has seen and understood the terms of the below mentioned policies and it complies and shall comply with all applicable terms and conditions specified therein:

• PIN Policy on Ethical Conduct, PIN Code of Conduct, PIN Anti-Corruption Policy and other related policies referred to therein, which are incorporated by reference and represent an integral part of this tender notice. Electronic copies containing the complete text are available at: clovekvtisni.cz/policies

3. The tenderer will immediately and without undue delay inform PIN of any event which interferes or threatens to materially interfere with this Tender notice, including suspicion of or actual fraud, corruption, bribery, theft, terrorist financing or other misuse of funds. Such information should be passed in the first instance to fraud@peopleinneed.cz.

4. All information will be treated with the upmost confidentiality. Information can also be reported directly to the PIN program team where appropriate, these will be immediately passed on to the above-mentioned e-mail address.

5. PIN reserves the right to cancel the tender without giving any reason.

List of Annexes:

• Annex A – Specification List for Chisinau
• Annex A 1 - Specification List for Balti
• Annex B - Sworn Eligibility Statement

Annex A: Chisinau

Annex A 1: Balti

Annex B:

Eligibility Sworn Statement

We, ………………………………………………………………..……………………………………………………………………………. (IDENTIFICATION OF a PERSON / COMPANY)

declare, that:

We are not bankrupt or have not being wound up, are not having their affairs administered by the courts, have not entered into an arrangement with creditors, have not suspended business activities, are not the subject of proceedings concerning those matters, or are not in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

We or persons having powers of representation, decision-making or control over us have not been convicted of an offence concerning our professional conduct by a judgment that has the force of res judicata;

We have not been found guilty of grave professional misconduct proven by any means that the contracting authority can justify;

We have fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which we are established or with those of the country of the contracting authority or those of the country where the contract is to be performed;

We or persons having powers of representation, decision making or control over us have not been subject of any judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation, money laundering or any other illegal activity;

Following another procurement procedure or grant award procedure financed by PIN or any other contractual agency, we have not been declared to be in serious breach of contract for failure to comply with their contractual obligations;

We do not engage in the employment of children. We respect basic social rights of our employees and provide them with proper working conditions;

We have not engaged in the trafficking in persons and have avoided any support (direct or indirect) of terrorism, including the financing of terrorism, or transactions with persons connected with terrorism.

We are currently no subject to any administrative penalty imposed by donor or have been listed by the donor as ineligible for participation in award procedures financed by donor´s money.

We don´t find ourselves in any situation which could give raise to a conflict of interest in what concerns the implementation of the contract.  We, or any of our employees, associates or other persons related to us, have not provided any technical assistance to PIN under this same procurement.

In the event of the contract being awarded to us, we commit ourselves to act with complete impartiality and in good faith in what concerns its performance and outcome.

In ………………………….……….. on ………………………………………

On behalf of ………………………………… (Name of the company, name of the person)

……………………………………..

Signature

^[1] For more information, see https://www.unglobalcompact.org/what-is-gc/mission/principles

Annex A – Specification List for Chisinau

Annex A 1 - Specification List for Balti

Annex B - Sworn Eligibility Statement