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PURCHASE OF TEN 4X4 SUVs VEHICLES FOR THE OAS ELECTORAL OBSERVARION MISSION IN HAITI

Request For Proposals

General Information
Country:   Haiti
Notice/Contract Number:   BID 11/10
Publication Date:   Aug 23, 2010
Deadline:   Sep 7, 2010
Buyer:   Organization of American States - Office of Procurement Services
Original Language:   English

Contact Information
Address:   Chet Neymour
Director - Office of Procurement Services
SECRETRARIAT FOR POLITICAL AFFAIRS
1889 F ST NW
Washington, DC 20006
United States
Telephone:   2024583000
Fax:   2024586401
Email:   Click here
Web Site:   http://www.oas.org

Goods, Works and Services

 

Bidding documents and attachments
 
  • Solicitation: REQUEST FOR PROPOSALS (413 KB; Aug 23, 2010)
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BID No. 11/10

REQUEST FOR PROPOSALS (RFP)

FOR THE

PURCHASE OF TEN 4 X 4 SPORTS UTILITY VEHICLES (SUVs) FOR THE

ELECTORAL OBSERVATION MISSION (EOM) OF
PRESIDENTIAL AND LEGISLATIVE ELECTIONS IN
HAITI

SECRETARIAT FOR POLITICAL AFFAIRS
(SPA)











GENERAL SECRETARIAT OF THE ORGANIZATION OF AMERICAN STATES
(GS/OAS)
Office of Procurement Services

August 20, 2010




TABLE OF CONTENTS





1. Background

2. Objective

3. Terms of Reference

4. Governing Law

5. Bidders’ Inquiries

6. Proposal Submission

7. Evaluation

8. Award

9. Contractual Terms and Conditions

Appendixes

Appendix 1 Terms of Reference

Appendix 2 Purchase Order Terms and Conditions

Appendix 3 Formats















- i -



BID No. 11/10

REQUEST FOR PROPOSALS (RFP)

FOR THE

PURCHASE OF TEN 4 X 4 SPORTS UTILITY VEHICLES (SUVs) FOR THE

ELECTORAL OBSERVATION MISSION (EOM) OF
PRESIDENTIAL AND LEGISLATIVE ELECTIONS IN
HAITI

SECRETARIAT FOR POLITICAL AFFAIRS
(SPA)


1. BACKGROUND

1.1 The Organization of American States (OAS) brings together the nations of the Western hemisphere to promote democracy, strengthen human rights, foster peace, security and cooperation and advance common interests.

1.2 The OAS Electoral Observation Missions (EOMs) constitute a key instrument in defense and promotion of democracy in the continent. They help guarantee the integrity, impartiality, and accountability of numerous electoral processes, as well as strengthen the credibility of democratic institutions in Member States.

1.3 In the upcoming elections of November 28, 2010, the population of Haiti will have the opportunity to elect one third of the senate (and any other vacant post in the senate); 99 deputies, and the President of the Republic of Haiti.

1.4 The primary goal of this Mission is to verify that the observed process complies with the norms and international standards of legitimacy and transparency as established in the Inter-American Democratic Charter to guarantee “free and fair electoral processes.” Likewise, it is important to highlight that the Mission will carry out its work in compliance with the Declaration of Principles for International Electoral Observation

2. OBJECTIVE

2.1 The purpose of this RFP is the purchase of ten (10) 4x4 Sports Utility Vehicles (SUVs) to deploy electoral observers to various regions of Haiti

2.2 This RFP does not in any manner whatsoever constitute a commitment or obligation on the part of GS/OAS to accept any Proposal, in whole or in part, received in response to this RFP, nor does it constitute any obligation by GS/OAS to acquire any goods or services.

3. TERMS OF REFERENCE

The Terms of Reference (TOR) for the purchase and technical specifications of the vehicles are outlined in Appendix 1 of this RFP, and, therefore, become part of it.

4. GOVERNING LAW

The selection process of the consultant services are regulated by:

4.1 This RFP.

4.2 The Procurement Contract Rules of the GS/OAS, approved by Executive Order No. 00-1.

4.3 The Executive Orders, memoranda and other dispositions and official documents of the GS/OAS applicable to this process.

5. BIDDERS’ INQUIRIES

5.1 Bidders may submit any inquiry or request for more information and clarification regarding technical specifications in this RFP no later than five (5) business days prior to the bid closing date.

5.2 The requests must be submitted in a written format to the attention of Mr. Chet D. Neymour, Director of the Office of Procurement Services (OPS), by e-mail to: OASBIDSubmit@oas.org with copies to mhaugaard@oas.org and eparada@oas.org or via fax at (202) 458-6401.

5.3 The responses to these requests will be submitted in written format to all Bidders no later than three (3) business days before the bid closing date.

6. PROPOSAL SUBMISSION

6.1 Submittal Format

6.1.1 The Proposals shall be submitted in hard copy: one (1) original and two (2) copies. The sealed envelope containing Bidder’s Proposal shall be labeled:

GS/OAS BID No 11/10 – PURCHASE OF 4 X 4 SPORTS UTILITY VEHICLES (SUVs) - DO NOT OPEN - _______________________________ (Bidder’s Name)

6.1.2 The Proposals shall be delivered to:

The General Secretariat of the Organization of American States
Office of Procurement Services
1889 F Street, N.W., 4th Floor
Washington, DC 20006
USA

6.1.3 Additionally, the Proposals shall be submitted by electronic mail or fax to the attention of Mr. Chet Neymour, Director of the Office of Procurement Services. Proposals sent by e-mail should be in PDF format and sent to OASBIDSubmit@oas.org with copies to mhaugaard@oas.org and eparada@oas.org. Proposals sent by fax should be faxed to 202-458-6401 or 202-458-6348.

6.1.4 The Proposals shall be signed by the Bidder’s legal representative.

6.1.5 The Proposals shall remain valid and open for acceptance for a period of at least ninety (90) calendar days after date specified for receipt of proposals. The term of validity of the Proposals must be expressly stated on the same Proposal.

6.1.6 By submitting a Proposal, the Bidder gives express warranty of its knowledge and acceptance of RFP and the rules and conditions that governs the bidding process. Likewise, the Bidders shall warrant the accuracy and reliability of all information they submit in this procurement process.

6.1.7 The Bidders shall bear any and all costs or expenses associated with or incurred in the formulation or development of a Proposal in response to this RFP.

6.2 Required Documents and Formats in the Proposals

6.2.1 Content of the Technical Proposal:
The Technical Proposal shall include the following:
a) A copy of the certificate of incorporation of the Bidder.
b) A copy of the Bidder’s bylaws.
c) A copy of the Bidder’s license to do business in the corresponding jurisdiction.
d) A list of the directors, officers, and the names of any stockholder with more than 50% of the stock.
e) A statement where Bidder acknowledges that it has read and understood the Contractual Terms and Conditions as per Appendix 2 of this RFP. The statement should follow Format 1 of Appendix 3. If the Bidder does not agree with any of the Contractual Terms and Conditions of GS/OAS, it should expressly indicate so in its Proposal, offer alternative language, and present the rationale of its proposal.
f) A disclosure statement of conflict of interest. The statement should follow Format 2 of Appendix 3.
g) A copy of the Bidder’s latest general balance sheet of 2008 or 2009; and copy of the Bidder’s latest three (3) audited financial statements, for the years 2006, 2007, 2008 or 2009. These financial statements must be signed and/or appropriately certified by the Chief Financial Officer of the Bidder.
h) A minimum of five (5) references from Bidder’s clients to which similar vehicles have been sold during the last three (3) years. These references should include: the name of the client, contact person, telephone and fax numbers and e-mail address.
i) Description of the model and manufacturer of the vehicles offered, including design and performance specifications, and owner’s manuals and catalogs.
j) Description of the warranty conditions offered.
k) Description of the technical support offered to maintain and service the vehicles.
l) A statement confirming that the model offered and its spare parts are scheduled to be manufactured for the following five (5) years in order to ascertain the availability of spare parts, supplies, accessories and any other components necessary for the maintenance and repairs of the vehicles.
m) Indication of the delivery timeline upon receipt of the Purchase Order from the GS/OAS.
n) Information of Bidder’s point(s) of contact. Provide the name, position, telephone number, email and fax of the person or persons serving as coordinator or focal point of information of the Bidders concerning this bidding process.
o) Other documentation and/or information that supports each of the technical evaluation factors as per Section 7.4.1, a) of this RFP.

6.2.2 Price Proposal:
The Bidders shall submit a total Price Proposal expressed in US Dollars (US$), in numbers and in words, and exempt of taxes, including storage, delivery, and, in accordance with the TOR, Appendix 1 of this RFP.

A Fixed Price Contract will be signed with the prospective Contractor, therefore the total Price Proposal shall include all anticipated expenses in order to ensure a satisfactory fulfillment of the Contract, including, but not limited to, storage, CIF price of the vehicles, and other costs associated to the purchase.

The Price Proposal shall include the following information:
a) The unit price of each vehicle,
b) Costs of insurance, and
c) Shipping freight at Port-au-Prince, Haiti, maritime port.

6.3 Closing Date for Receipt of Proposals

6.3.1 Both the sealed and electronic proposals must be received by the GS/OAS no later than close of business (COB), 5:30 p.m. local time in Washington, DC, on September 7, 2010.

6.3.2 Proposals submitted after the deadline will not be considered.

6.4 Limited Use of Data

If the Proposal includes data that the Bidder does not want to disclose to the public for any purpose or used by the GS/OAS except for evaluation purposes, the Bidder shall include in its Proposal a statement signed by its legal representative with the following legend:

USE AND DISCLOSURE OF DATA

This Proposal includes data that shall not be disclosed outside the GS/OAS 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 Bidder as a result of—or in connection with—the submission of this data, the GS/OAS shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the GS/OAS' right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets].

7. EVALUATION

7.1 Evaluation Authority

The Proposals will be evaluated by the Contract Awards Committee (CAC) of the GS/OAS.

7.2 Requests for Clarifications

7.2.1 In order to enhance the CAC understanding of Proposals, allow reasonable interpretation of the Proposal, or facilitate the CAC’s evaluation process, the CAC may submit, in writing, any inquiry or request to the Bidders for explanation, substantiation or clarification of certain aspects of its Proposals.

7.2.2 Likewise, during the evaluation process, the CAC may offer the Bidders an opportunity to eliminate minor irregularities, informalities, or apparent clerical mistakes in its Proposals.

7.2.3 Requests for clarifications shall not be used to cure Proposal deficiencies or material omissions that materially alter the technical or cost elements of the Proposal, and/or otherwise revise the Proposal.

7.2.4 Inquires or requests for clarification will be addressed to the point of contact indicated by the Bidders in its Proposal.

7.3 Evaluation Process

7.3.1 The evaluation of the Proposals will be performed as a whole, in two (2) phases: Technical Evaluation and Price Evaluation. The purpose of the Technical Evaluation is to analyze and evaluate the Technical Proposal, and the purpose of the Price Evaluation is to analyze and evaluate the price offered.

7.3.2 Proposals will be admitted for evaluation only if they comply with the mandatory minimums contained in the TORs. Once admitted, the CAC shall analyze and rate those Proposals using the evaluation factors set forth in paragraph 7.4.

7.4 Award Criteria

7.4.1 The CAC will review, evaluate, and compare all Proposals according to, but not necessarily limited to, the following criteria:

a) Technical Criteria:

1. Responsiveness. Whether the Bidder’s Technical Proposal conforms in all material respects to the RFP.

2. Financial Capability. Assesses the financial condition of the Bidder to perform the Contract through the review of the Bidder’s financial statements.

3. References Check. The GS/OAS will request performance information from Bidder’s previous clients.

4. Responsibility. Whether the Bidder’s Technical Proposal meets the RFP’s specifications in order to determine its capability, tenacity, and perseverance to perform the Contract.

5. Technical Merits. Whether the vehicles offered by the Bidder meets the design specifications detailed in f the TORs (Appendix 1).

6. Relevant Experience / Past Performance. Assesses Bidder’s capability, comprising of three (3) elements: i) observation of the historical facts of Bidder’s experience with vehicle manufacturers and/or importers (what kind of vehicles sold and to whom they were sold); ii) qualitative judgments about breadth, depth, and relevance of that experience based on those observations; and iii) qualitative judgments about how well the Bidder performed, also based on those observations.

7. Schedule Compliance. Analyzes the ability of the Bidder to comply with the required time of delivery.

8. Innovation / Enhancements. Favorable consideration will be given to those Bidders that offer vehicles with greater performance through enhancements or innovations, to the minimum performance specifications outlined in the TORs, such as: additional safety features, additional accessories, and/or improved warranty coverage and maintenance conditions.

b) Price Criteria:

1. Price Proposal.

7.5 Discussions and Negotiations

Before awarding the Contract, the GS/OAS may choose to negotiate the terms, conditions and deliverables of the Contract with the Bidders that, in the opinion of GS/OAS, are within the competitive range. After the negotiations, the GS/OAS will issue a request for Best and Final Offer (BAFO) so those Bidders will have the opportunity to revise or modify its initial Proposal. The CAC shall analyze and rate those BAFOs using the evaluation factors set forth in paragraph 7.4.

8. AWARD

8.1 The tradeoff analysis decisional rule will be applied for the evaluation of the Proposals. Under this rule, the GS/OAS will evaluate both price and non-price factors and will award the Contract to the Bidder proposing the combination of factors which offers best value to the GS/OAS.

8.2 All technical evaluation factors, when combined, are significantly more important than cost or price.

8.3 The GS/OAS reserves the right to consider awarding the Contract to other than the lowest price bidder or the highest technically rated bidder.

8.4 The GS/OAS reserves the right to award the Contract to multiple contractors rather than a single contractor.

8.5 The GS/OAS reserves the right to reject any or all Proposals, and to partially award the Contract.

8.6 The award will be notified to the winning Bidder. Such communication shall not be construed as a contract with the GS/OAS. The award is contingent upon the issuance of a Purchase Order; consequently, the legal relationship with the GS/OAS shall come into effect at this moment.

9. CONTRACTUAL TERMS AND CONDITIONS

9.1 Data Information Usage

9.1.1 Contractor shall be liable for improper or incorrect use of the data collected or information disclosed to Contractor by GS/OAS in connection with its Proposal, and/or in connection with any subsequent contract negotiations between GS/OAS and the Contractor.

9.1.2 The data and related information are legal documents and are intended to be used as such.

9.1.3 Contractor shall give an express warranty as to the accuracy, reliability, utility or completeness of the information that Contractor submits in connection with its Proposal.

9.2 Privileges and Immunities

9.2.1 Nothing in the Contract shall constitute an express or implied agreement or waiver by the GS/OAS, the OAS, or their personnel of their Privileges and Immunities under the OAS Charter, the laws of the United States of America, or international law.

9.2.2 Contractor is not entitled to any of the exemptions, privileges or immunities, which the GS/OAS may enjoy arising from GS/OAS status as a public international organization.

9.3 Indemnification to Third Parties for Contractor’s Negligent or Wrongful Acts

9.3.1 Contractor shall fully indemnify and hold harmless the Organization of American States, GS/OAS, and its officials, employees, agents, affiliates, successors and assigns from and against: (i) all claims, damages, actions, liabilities, losses, fines and penalties, and expenses, including but not limited to attorneys' fees, arising out of or resulting from Contractor’s negligence or deliberate wrongful acts in relation to the Contract, and (ii) worker compensation claims and actions presented by Contractor’s employees and agents.

9.3.2 GS/OAS shall notify Contractor as soon as reasonably practicable after any claim covered by this Section is made against it or, with respect to any such claim made against any other person or identity entitled to indemnification under the Contract, within a reasonably practicable time after having been notified of that claim.

9.3.3 Contractor is liable to GS/OAS and shall indemnify GS/OAS for losses to GS/OAS’ property sustained through any acts committed by Contractor's employees, agents, and/or subcontractors acting alone or in collusion. Such acts include, but are not limited to, actual destruction, disappearance, or wrongful abstraction of property, money, or securities.

9.3.4 The provisions of this Section shall not be so construed as to affect any waiver of subrogation rights on the part of any insurance company, as provided in any policy of insurance covering GS/OAS.

9.4 Due Diligence and Information on the Contract

9.4.1 By submitting a Proposal, the Bidder represents and warrants that it has studied and is thoroughly familiarized with the requirements and specifications of the Contract, and that the information submitted with its Proposal is reliable and accurate. This includes familiarity with the Contract Documents attached to the RFP, with all current equipment, labor, material market conditions, and with applicable laws, such that the Bidder accepts responsibility for and is prepared to execute and shall completely fulfill all obligations under the Contract.

9.4.2 By submitting a Proposal, the Bidder also accepts that it shall bear any and all costs due to Bidder’s misinterpretation or misunderstanding of the Contract requirements, or because of any information which is known or should have been known to the Bidder, such as Bidder’s labor or material costs.

9.5 Other Contractual Terms and Conditions

9.5.1 Appendix 2 of this RFP contains the Purchase Order Terms and Conditions.

9.5.2 No changes to the Purchase Order Terms and Conditions shall be accepted after the contract award. Once the award is granted, the Contractor shall be bound by the Purchase Order Terms and Conditions either as stated herein in the RFP or as mutually modified by the Parties.


APPENDIX 1

TERMS OF REFERENCE

PURCHASE OF TEN 4 X 4 SPORT UTILITY VEHICLES (SUVs)



1. The Project

1.1 The specific goals for the Mission include the following:

• Collaborate with government and electoral authorities, as well as with the Haitian citizenry in general, to ensure the integrity, impartiality, transparency and reliability of the electoral process.

• Discourage the commission of possible attempts at electoral manipulation with the goal of contributing to consolidating an atmosphere of public confidence and a climate of peace.

• To serve as an informal conduit for the search for and creation of consensus in cases of conflict between the various participants in the electoral process, as well as to express and promote international support in favor of the process.

• Finally, to formulate recommendations with the goal of contributing to the perfection of the Haitian electoral system.

2. Vehicles’ Design Specifications

2.1 Quantity: 10 vehicles.

2.2 Design Specifications:

Year: 2010
Manufacturer: Any manufacturer with a representative and available maintenance services in Haiti
Model/Type: Standard Model – Sports Utility Vehicle SUV
Transmission: Manual 5 speed
Features & Specs: All terrain
Gasoline/Turbo Diesel Engine
Power steering
2500 cc – 4500cc
4-6 cylinders
4 x 4 Traction
Front Disc and Rear Drum Brake

Color: White (preferred color)
Safety: Air bag system, minimum 2 bags
Fire extinguisher
Accessories: Air conditioning
Standard tool kit
Spare tire

2.3 Warranty Coverage Conditions:

2.3.1 The vehicles must have a minimum 24-months warranty.

2.3.2 The warranty must cover, as a minimum:
a) The repair or the replacement of any recognized faulty or imperfect part, including labor costs; and,
b) The fees related to the recovery and the towing of the vehicle to the nearest authorized auto repair shop.

3. Contractor Requirements and Other Conditions

3.1 The Contractor must be an authorized representative of the manufacturer(s) of the vehicles offered.

3.2 The manufacturer(s) of the vehicles offered by the Contractor must have authorized representative(s) in Haiti for at least the last 5 years.

3.3 The Contractor shall be able to provide, for at least 5 years after the acquisition of the vehicles, all necessary repairs, spare parts, supplies, accessories, and any other component the vehicles may need for their proper functioning.

3.4 The Contractor may propose one or more manufacturers and/or models which comply with the technical specifications listed in 2.2. above. For each model, the requested information must be provided.

4. Shipping and Delivery Instructions

4.1 The vehicles must be delivered by the Contractor in Port-au-Prince, Haiti. Once the vehicles arrive in Port-au-Prince, Haiti, the GS/OAS will be responsible for clearing customs and any fees thereof.

4.2 The Contractor must deliver the ten (10) vehicles within ten (10) days after the GS/OAS issues the pertinent Purchase Order.

5. Method of Payment

5.1 The Contractor will be compensated as follows:

• 20% of the total cost of 10 vehicles will be paid when the Purchase Order is issued.
• 50% of the cost of each vehicle will be paid once the vehicle arrives in Haitian customs.
• 30% of the cost of each vehicle will be paid once each vehicle clears customs and is tested and accepted by GS/OAS representatives as being functioning normally. The period for testing and accepting the vehicles will be maximum 15 days, starting when the vehicles exit Haitian customs.



APPENDIX 2

CONTRACTUAL TERMS AND CONDITIONS

SPECIAL INSTRUCTIONS

Make sure the instructions detailed below are carefully followed in order to avoid possible delays and/or misunderstandings.

1. PACKING
a. Markings on boxes and documents: Repeat all information in box 2 labeled SHIP TO on the front of this document. Boxes to be numbered 1 of 5, 2 of 5, etc. corresponding exactly to PACKING LIST itemization.
b. Prepare PACKING LIST showing weights, dimensions and contents of each box, attaching one copy to the outside and placing another inside of each container.

2. SHIPPING
a. Partial shipments NOT ACCEPTABLE.
b. EXEMPT STATUS: Agreements in existence between the OAS and the member countries exempt the OAS from Consular Invoices, Import Licenses, and similar or, when required from paying fees relating thereto. If needed by the Embassy/Consulate of the country involved, you may cite the EXEMPT STATUS number.

3. MAILING DOCUMENTS
a. Negotiable shipping documents, with Packing List and copy of invoice to be mailed to Consignee as shown on the front page under box 2 with original invoices mailed to the GS/OAS as shown in box 3.
b. MAILING ADDRESS: As shown in box 3 on front of this document.
c. Refer on all your correspondence to our PURCHASE ORDER NUMBER.

4. BILLING AND PAYMENT
a. Prepared itemized invoices must correspond to our Purchase Order. Make sure to refer to our Purchase Order number in your invoice.
b. PAYMENT WILL NOT BE MADE UNLESS the following is received by the GS/OAS at the address indicated in box 3 – BILL TO: 1) Original invoice. 2) Original or Airway Bill, Mail Certificate or ocean B/L. 3) Copy of letter transmitting copies of documents to consignee as shown in box 2 – SHIP TO: 4) Packing list. 5) Original Insurance Policy if applicable.

c. PAYMENT: The GS/OAS will pay by US dollar check from Washington, D.C., after receipt of your itemized invoice in Original and three carbon copies supplemented by evidence of full shipment. If letter of Credit, bank commission will be for your account. The GS/OAS will only pay for costs related to shipping, storage and/or moving of equipment/furniture, etc. up to ninety (90) days after goods have been delivered.
CONDITIONS

If there are any reference documents mentioned herein they shall have the same force and effect as part of this Agreement.

a) TAX EXEMPTION: The price shall reflect any tax exemption to which the GS/OAS is entitled to by reason of the privileges and immunities it enjoys. In any case, no Federal, State, or Local taxes shall be included in the amount billed.

b) WARRANTY AND CERTIFICATION: Delivery of goods and/or services pursuant to this Agreement shall constitute certification that, subject to the terms and conditions of this Agreement, the bill for said goods and/or services will be correct and just, (for which payment thereof has not been previously received) that all statutory requirements as to U.S. productions and labor standards, and all conditions of purchase applicable to the transactions have been complied with. The supplier hereon is giving an express warranty that the goods and/or services shall conform to the description given herein.

c) INSPECTION: The GS/OAS reserves the right to inspect the supplies called for under the contract at any time and the supplier will afford every facility for such inspections.

d) PACKING: The supplier will pack the goods with the appropriate material and with care in accordance with the normal commercial standards of export packing for the type of merchandise. Such packing material used must be adequate to safeguard the goods while in transit. The supplier will be responsible for any damage or loss which can be shown to have resulted from faulty or inadequate packing.

e) DELIVERY WITHOUT PURCHASE ORDER: Merchandise shipped or delivered without a formal and approved written Purchase Order shall be at supplier’s risk.

f) FORCE MAJEURE: Neither party to the contract shall be held responsible for delay in the fulfillment thereof due to force majeure, strikes, lockout, war, civil unrest, or other factors outside their control.

g) DEFAULT: If the supplier fails by breaching the terms of the Purchase Order or by delaying or slowing the execution or by any default in the performance of the Agreement, the GS/OAS reserves the right to stipulate one of the following settlements herein;
i) In the case, including but not limited to failure or refusal to make deliveries within the time specified, the GS/OAS by written notice terminate the right of the supplier to proceed with deliveries of such part or parts thereof as to which there has been default.
ii) In the case of any damages, to deduct from the GS/OAS payments any damages incurred through any breach of contract or default in the supplier’s performance under this Agreement.
iii) The supplier herein will be responsible for damages that may be awarded to third parties due to breach of contract or to delay or negligence in execution of the Agreement. The GS/OAS will give the supplier notice of any breach of contract. In addition, the GS/OAS must also notify in advance the supplier of its intention to deduct damages from the full price.

h) TRANSFERENCE: This Agreement shall be nontransferable unless the GS/OAS accepts the transfer in writing prior to the effective date of transfer.

i) CONFIDENTIALITY AND ADVERTISEMENT: (i) The supplier shall not disclose any confidential information obtained in the performance of this Agreement. (ii) The supplier shall not advertise the fact that such supplier is a supplier to the GS/OAS or the OAS or any other Organization of the OAS. (iii) Also, the supplier shall in no other manner whatsoever use the name, emblem, or official seal of the GS/OAS or the OAS or any abbreviation of the name of the OAS or any other Organization in connection with its business or otherwise.

j) DISPUTE RESOLUTION If any controversy, claim or dispute arises between the Parties which is related in any way to the performance or interpretation of this Contract, or any breach thereof, or concerns any other matter in connection with this Contract which cannot be settled by amicable agreement, then upon either Party giving written notice of the difference or dispute to the other, the matter shall be resolved by submitting the matter to the Inter-American Commercial Arbitration Commission for final and binding arbitration in accordance with its rules and the law applicable to the substance of the dispute which shall be the law of the District of Columbia. The language of the arbitral proceedings shall be English, and the place of arbitration shall be Washington, D.C. The award rendered by the arbitration shall be final and binding upon the parties. A demand for arbitration shall be filed in writing with the other party to this Contract and with the Inter-American Commercial Arbitration Commission. The demand shall be made within a reasonable time after the claim; dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when the institution of legal or equitable proceedings based on such claim, dispute or other matters in questions would be barred by the applicable statutes of limitations.

k) PRIVILEDGES AND IMMUNITIES Nothing in this Agreement shall constitute an agreement by the GS/OAS, to waive its privileges and immunities under the Laws of the United States or its Headquarters Agreement with the Government of the United States. This Agreement shall be governed by the laws of the District of Columbia, U.S.A.



APPENDIX 3

FORMAT 1

STATEMENT OF ACCEPTANCE OF THE PURCHASE ORDER TERMS AND CONDITIONS



General Secretariat of the Organization of American States
1889 F Street, N.W., 4th Floor,
Washington, D.C. 20006
USA

Attention: Office of Procurement Services

Subject: GS/OAS BID No. 11/10 – THE PURCHASE OF TEN SUV VEHICLES FOR THE ELECTORAL OBSERVATION MISSION TO HAITI


I ____________________, representative of ___________________ (Bidder’s name), declare that ______________ (Bidder’s name) has read, understood and accepted the Purchase Order Terms and Conditions as per Appendix 2 of the Request of Proposals of BID 11/10 .


Sincerely,



________________

APPENDIX 3

FORMAT 2

CONFLICT OF INTEREST STATEMENT



General Secretariat of the Organization of American States
1889 F Street, N.W., 4th Floor,
Washington, D.C. 20006
USA

Attention: Office of Procurement Services

Subject: GS/OAS BID No. 11/10 – THE PURCHASE OF TEN SUV VEHICLES FOR THE ELECTORAL OBSERVATION MISSION TO HAITI



I ____________________, representative of ___________________ (Bidder’s name), declare that ______________ (Bidder’s name) does not fall under the following prohibitions:

1. A staff member of the General Secretariat;

2. Any person who has held the post of Secretary General or Assistant Secretary General, or a position of trust, unless he/she has ceased to hold such post for at least two years;

3. Any delegate, diplomatic representative or other governmental employee of a Member State;

4. Any relative of a senior GS/OAS staff member (P-4 or higher), any relative of a representative or delegate of a Member State, or any relative of any other person involved directly in the execution, evaluation, or direct supervision of the program or project funding the contract;

5. Any person, corporation, partnership, association or other business entity, which has entered into a performance or procurement contract which was terminated by the GS/OAS for cause;

6. Any person legally incompetent, under indictment for a serious crime, on trial for and/or convicted of a serious crime;

7. Any person, corporation, partnership, association, or other business entity, which has defaulted on and/or failed to perform satisfactorily an existing or previous performance or procurement contract of any kind;

8. Any person, corporation, partnership, association or other business entity which under the laws of the Member State where the contract is to be performed is not authorized to provide the goods and/or services covered by the contract;

9. A corporation or other business entity in which any of the persons mentioned in Subsections 1 through 8, above, has more than a 25% ownership interest, or which would involve by employment or otherwise any of the persons or entities described in Subsections 1 through 8, above, in performance of the work covered by a contract;

10. A former staff member of the General Secretariat who signed a currently valid agreement with GS/OAS which provides that the former staff member is ineligible to enter into any form of contract for remuneration with GS/OAS; and

11. A person who is not a national of an OAS Member State.


Sincerely,



________________
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