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DOMINICAN REPUBLIC
CENTRO DE EXPORTACION E INVERSION DE LA REPUBLICA DOMINICANA
(CEI-RD)
Terms of Conditions for the realization of Market Research,
Supply and Entry of Agricultural and Agro-Industrial Products in
the state of New York, USA, under the DR-CAFTA in a first phase and
a second phase conducting the same study for the state of Florida
under a single contract.
Santo Domingo, Distrito Nacional
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TABLE DE CONTENTS
GENERAL
...............................................................................................................................................................
4
Preface
.........................................................................................................................................................................
4
PART
I.....................................................................................................................................................................
5
PUBLIC BIDDING PROCEDURES
.............................................................................
Error! Bookmark not defined.
Section I
.......................................................................................................................................................................
5
Instructions to Bidders (ITB)
......................................................................................................................................
5 1.1 Objectives and Scope of Work
.............................................................................................
Error! Bookmark not defined. 1.2 Definitions and Interpretations
..............................................................................................
Error! Bookmark not defined. 1.3 Language
...............................................................................................................................................................................
9 1.4 Offer Price
..............................................................................................................................................................................
9 1.5 Bid Currency
........................................................................................................................................................................
10 1.6 Aplicaple Regulations
...........................................................................................................
Error! Bookmark not defined. 1.7 Judicial Jurisdiction
..............................................................................................................................................................
10 1.8 Advertising
...........................................................................................................................................................................
10 1.9 Stages of the Call
................................................................................................................................................................
11 1.10 Contracting Authority
.........................................................................................................................................................
11 1.11 Atributions
..........................................................................................................................................................................
11 1.12 Authority Responisble of the Process
................................................................................................................................
11 1.13 Extent of the Responsabilities
...........................................................................................................................................
12 1.14 Corrupt or Fraudulent Practices
.........................................................................................................................................
12 1.15 Of the Bidders/Skilled and Unskilled Proposers
................................................................................................................
12 1.16 Prohibition on Hiring
..........................................................................................................................................................
12 1.17 Demontration of the Capacity to Hire
.................................................................................................................................
14 1.18 Legal Representative
.........................................................................................................................................................
14 1.19 Authorized Agents
.............................................................................................................................................................
15 1.20 Rectifications
.....................................................................................................................................................................
15 1.21 Arithmetic Corrections
.......................................................................................................................................................
16 1.22 Guarantees
........................................................................................................................................................................
16 1.22.1 Bid Bond Guarantee
.......................................................................................................................................................
16 1.22.2 Performance Bond Guarantee
........................................................................................................................................
16 1.23 Return of the Guarantees
..................................................................................................................................................
17 1.24 Consults, Newsletters and Amendments
...........................................................................................................................
17 1.25 Address
..............................................................................................................................................................................
17 1.26 Newsletters
........................................................................................................................................................................
17
Section II
....................................................................................................................................................................
17
Data Process (DP)
.....................................................................................................................................................
17 2.1 Purpose of the Call
..............................................................................................................................................................
18 2.2 Selection Procedure
............................................................................................................................................................
18 2.3 Source of Funds
..................................................................................................................................................................
18 2.5 Bidding Schedule
.................................................................................................................................................................
18 2.6 Availability and Acquisition of the Specific Terms and
Contitions
........................................................................................
20 2.7 Acceptance and Knowledge of the Terms of Reference
.....................................................................................................
20 2.8 Description of the Consultancy. Terms of Reference .
.......................................................... Error!
Bookmark not defined. 2.9 Presentation of Proposals.
......................................................................................................
Error! Bookmark not defined. 2.10Place, Date and Time
......................................................................................................
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2.11Submission of Documents Contained in Envelope A.
.............................................................
Error! Bookmark not defined. 2.12 Documents to Present
........................................................................................................
Error! Bookmark not defined. 2.13 Submission od Documents Contained
in Envelop B
.......................................................... Error!
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Section III
...................................................................................................................................................................
37
Openning and Validation of Bids
...................................................................................
Error! Bookmark not defined. 3.1 Procedure for the Opening of
Envelopes
.............................................................................................................................
37 3.2 Openning of Envelope A, that contains the Technical
Proposals ........................................ Error! Bookmark
not defined. 3.3 Validation and Verification of Documents
..............................................................................
Error! Bookmark not defined. 3.4 Evaluation Criteria
.................................................................................................................
Error! Bookmark not defined. 3.5 Stages of Certification
............................................................................................................
Error! Bookmark not defined. 3.6 Openning of Envelope B, that
contains the Economic Proposals
...................................... Error! Bookmark not defined.
3.7 Confidentiality of the Process
..............................................................................................................................................
39 3.8 Term for the Maintenance of the Bid
...................................................................................................................................
39 3.9 Evaluation of the Economic Offer
........................................................................................................................................
40
Section IV
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40
Award
..............................................................................................................................
Error! Bookmark not defined. 4.1 Award Criteria
......................................................................................................................................................................
40 4.2 DrawBetween Bidders
.........................................................................................................................................................
40 4.3 Award Agreement
................................................................................................................................................................
40 4.4 Subsequent Awards
.............................................................................................................................................................
41
PART
2..................................................................................................................................................................
41
CONTRACT
..........................................................................................................................................................
41
Section V
....................................................................................................................................................................
41
Provisions on the Contract
............................................................................................
Error! Bookmark not defined. 5.1 General Conditions of the Contract
..................................................................................................................................
41 5.1.1 Validity of the Contract
......................................................................................................................................................
41 5.1.2 Performance Bond Contract
.............................................................................................................................................
41 5.1.3 Perfectioning of the Contract
............................................................................................................................................
41 5.1.4 Term for the Subscription of the Contract
.........................................................................................................................
41 5.1.5 Efects of Non-Compliance of the Contract
.......................................................................................................................
42 5.1.6 Expansion or Reduction of the Contract
...........................................................................................................................
42 5.1.7 Termination of the Contract
..............................................................................................................................................
42 5.1.8 Subcontracts
.....................................................................................................................................................................
42 5.1.9 Specific Conditions of the Contract
...................................................................................................................................
42 5.2. Term of the Contract
.........................................................................................................................................................
42 5.2.1 Beggining of the Consult
...................................................................................................................................................
43 5.2.2 Modification of the Shedule of Delivery
............................................................................................................................
43
PART
3..................................................................................................................................................................
43
DELIVERY AND RECEIPT
.........................................................................................
Error! Bookmark not defined.
Section VI
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43
Forms
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43 6.1 Forms
...................................................................................................................................................................................
43 6.2 Annexes
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GENERAL
Preface This standard model of Specific Conditions for
Purchasing and Procurement of Goods and / or related services, has
been prepared by the General Direction of Public Contracts, to be
used in the Bidding Procedures under Law No. 340-06, dated August
eighteen (18) two thousand and six (2006) on Purchasing and
Procurement of Goods, Services, Construction and Concessions, and
its amendments contained in Law No. 449-06, dated December six (06)
of two thousand and six (2006) and its Rules of Application issued
by Decree No. 543-12 dated September six (6) two thousand and
twelve (2012). Below is a brief description of its contents. PART 1
PUBLIC BIDDING PROCEDURES Section I. Instructions to Bidders
(ITB)
This section provides information to help Bidders in preparing
their bids. It also includes information on the submission, opening
and evaluation of offers and award of contracts. The provisions of
Section I are standard and of mandatory use in all procedures of
Bidding for Procurement and Contracting of Goods and / or related
services under Law No. 340-06 on Purchases and Contracts with
amendments to Law No. 449 - 06 and its Rules of implementation
approved by Decree No. 543-12.
Section II. Procedure Data (PD)
This section contains specific provisions for each Purchase and
Procurement of Goods and / or related services, and that supplement
Section I, Instructions to Bidders
Section III. Validation and Opening of Bids This section
provides the procedure for opening and validating the Technical and
Economic Offers
and includes the evaluation criteria and procedure for Price
Study. Section IV. Award This section includes the Award Criteria
and Procedure for Posterior Awards.
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PART 2 - CONTRACT Section V. Provisions on the Contract
This section includes the Contract, which , once completed
should not be modified , except for aspects to include corrections
or modifications that have been made to the accepted bid and that
that are permitted under the Instructions to Bidders and General
Conditions contract. This includes general and specific clauses to
be included in all contracts.
PART 3 DELIVERY AND RECEIPT Section VI. Reception of the
Products
This section includes the delivery requirements, the provisional
and final acceptance of the goods and obligations on the
supplier.
Section VII. Forms
This section contains information on the forms of the bidder,
presentation of the offer and guarantees that the bidder shall
submit with the bid.
PART I
PUBLIC BIDDING PROCEDRES
Section I Instructions to Bidders (ITB) 1.1 Objectives and Scope
of Work
The purpose of this document is to establish the set of legal ,
economic, technical and administrative legal clauses, of a
regulatory nature , establishing the requirements, demands , rights
, duties and obligations of natural or legal persons , national or
foreign, that wish to participate in the PUBLIC BIDDING PROCEDURE
for the consultancy of the Market Research, Supply and Entry of
Agricultural and Agro-Industrial Products in the state of New York,
USA, under the DR-CAFTA in a first phase, and a second phase
conducting the same study for the state of Florida under a single
contract conducted by the CEI- RD (Reference: CEIRD -CCC -LP , No.
01-2014
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This document forms the basis for the preparation of bids. If
the Bidder / Proposer fails to provide any part of the information
required in the Terms of Reference or presents information that
does not conform in all respects substantially, they will be in
charge of the risk and the result may be the rejection of its
Proposal. 1.2 Definitions and Interpretations For the purposes of
the Terms of Conditions herein, the words and phrases that start
with a capital letter and cited below have the following meaning:
Bidder: Bidder / Proposer who is awarded the Contract or Purchase
Order. Authorized Agents: Individuals designated by the Bidders /
Proposers for the purpose of carrying on their behalf certain steps
in the process. Goods: Products made from raw materials,
consumables for the operation of the State Entities. Fortuitous
Event: Event that has not been foreseen, anticipated or not
avoidable, being foreign to the will of the people. Newsletter:
Clarification that the Purchasing and Contracting Committee issued
its own initiative or in response to queries raised by the Bidders
/ Proposers regarding the content of the Terms of Conditions ,
forms, or other accompanying Newsletter , which will be known to
all Bidders / Proposers. Procurement and Contracting Committee:
Administrative Authority permanently responsible for the
appointment of experts to develop the technical specifications of
the assets to be acquired and service or work to be contracted, the
approval of the Terms of Conditions, the Selection Procedure and
opinion of the experts appointed to evaluate the offers. Price
Comparison: A call to the natural or legal persons respectively
registered. This process only applies to purchase of common goods
with standard specifications, procurement, services and minor
works. Confidentiality Agreement: Document signed by the Bidder /
Proposer to receive information from the Bid. Consortium:
Association of legal entities that are not an independent entity
with legal personality and that is established with the purpose of
participating in the Bid. Enquiry: Written communication ,
submitted by a Bidder / Proposer under the procedure established
and received by the Procurement and Contracting Committee ,
requesting clarification , interpretation or modification on
aspects related exclusively with the Terms of Conditions. Contract:
Document signed between the institution and the Contractor prepared
in accordance with the requirements set forth in the Terms of
Conditions and the Law. Credentials: Documents that a Bidder /
Proposer presented in the form established in the Terms of
Conditions, to be evaluated and ranked by the Procurement and
Contracting Committee in order to select the Qualified Bidders to
participate in the bidding process.
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Schedule of Activities: Timeline of the Bidding Process. Day:
means calendar days. Business Day: Means day excluding Saturdays,
Sundays and holidays. Amendment: Written communication issued by
the Procurement and Contracting Committee, to modify the content of
the Terms of Conditions, forms, schedules, or other Amendment and
is known to all Bidders / Proposers. Contracting Entity: The
organization, agency or dependence of the public sector, of the
application of Law 340-06, which has undertaken a contractual
process and enters into the Agreement. State: Dominican State.
Technical Notes: Technical Specifications documents required by the
Contracting Entity. Major Event: Any event or situation beyond the
control of the Employer, unpredictable and inevitable, and without
its negligence or fault, such as , but not limited to, epidemics,
war , terrorist acts , strikes, fires , explosions, earthquakes,
disasters , floods and any other major environmental disturbance ,
severe and unusual weather conditions. Interested: Any natural or
legal person who is interested in any bidding procedure being
carried out. National Competitive Bidding : The administrative
procedure by which state agencies conduct an open public call,
calling on interested parties to submit proposals , among which
they select the most suitable, according to the Terms of
Conditions. It is intended for domestic or foreign providers living
in the country legally. Restricted Bid: Is the invitation of
participation to a limited number of providers who can meet the
requirement because of the specialty of the goods to be acquired ,
which is why only a limited number of participants can be obtained
, of which at least five (5 ) Bidders will be invited when the
record is greater. Even though this is a restricted Bid, it will be
made public by the means provided. Consortium Leader: Natural or
legal Consortium which has been designated as such. Highest
Executive Authority: The owner or the legal representative of the
Contracting Entity or who has the authority to enter into Contract.
Award Notification: Written notification to the Contractor and
other participants on the final results of the bidding procedure,
within five (05) working days from the Award Ceremony. Financial
Bid: Price fixed by the Bidder in its proposal. Technical Bid:
Technical Specifications -legal nature of the goods to be procured.
Bidder / Proponent: Natural or legal person legally qualified to
participate in the bidding process.
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Bidder / Proposer Enabled: The one who participates in the
bidding process and is consistent in the Technical Evaluation
Process. Experts: Official experts in the art of the process
carried out by the Contracting Authority, another public agency or
contracted for the collaboration of advising, analyzing and
evaluating proposals, tailoring reports that contain the results
and serve as support for decisions to be taken by the Procurement
and Contracting Committee. Practice of Collusion: An agreement
between two or more parties designed to achieve an improper
purpose, including the improper influence of the actions of another
party. Coercive Practices: To damage or harm, or threaten to harm
directly or indirectly any party or their property including
improper influence of the actions of a party. Obstructive
Practices: Is destroying, falsifying , altering or deliberately
concealing important evidence regarding their participation in a
bidding process, influence the investigation, formulate false
statements to investigators with the intention to substantially
impede an investigation concerning the Contracting Entity in
reference to accusations about corrupt , fraudulent, coercive or
collusive and / or threatening, harassing or intimidating them in
order to prevent what that party knows about matters relevant to
the investigation or to carry out the research practices or
execution of a contract . Terms of Conditions: Document containing
all the conditions that must govern the parties in this bidding.
Supplier: Bidder / Proposer that having participated in the public
bidding, is awarded the contract and supplies products according to
the Terms of Conditions. Legal Representative: Natural or physical
person that is accredited as such by the Bidder / Proposer. Placing
Report: Form containing the bidding prices offered in the
procedure, arranged from lowest to highest. Award Resolution:
Administrative act by which the Procurement and Contracting
Committee gives the award to the bidder (s) of the Contract subject
to the purchasing or procurement procedure. Emergency Situations:
These are situations that are by accident, unexpected ,
unpredictable , immediate , concrete and tested , which the
implementation of the Terms of Conditions are not possible
established by law, in due time. Envelope: Pack that contains the
credentials of the Bidder / Proponent and Technical or Economic
Offer. Operational Procurement and Contracting Unit (UOCC): unit
responsible for operational aspects of the procurement and
contracting procedures.
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For the interpretation of these Terms of Conditions:
Words or designations must also be understood in the singular to
the plural and vice versa, when the interpretation of written texts
is required.
The term "in writing" means a written proof of receipt. Any
indication by chapter, section, subsection, newsletter, amendment,
form or schedule refers to the
corresponding expression of these Terms of Conditions, unless
otherwise stated. The chapter headings, forms and schedules are
used only for indicative purposes and shall not affect their
interpretation.
The words that start with a capitalized letter and which are not
defined herein shall be interpreted according to the Dominican
laws.
Any inaccurate clause, ambiguous, contradictory or bad will be
at the discretion of the Contracting Entity, and shall be construed
favorable to them.
References for the installments shall be interpreted as calendar
days, unless the expression "business day" is used, in which case
they will be working days according to Dominican law.
1.3 Language The official language of the present Bid is
Spanish, therefore, all correspondence and documents generated and
exchanged by the Bidder / Proponent and Procurement and Contracting
Committee during the procedure must be submitted in this language,
or being in a different language, they must have the Spanish
translation by a duly authorized court interpreter. 1.4 Offer
Price
Prices quoted by the Bidder in the Form of Economic Bid shall
conform to the requirements specified below. All lots and items
must be listed and priced separately in the Form of Economic Bid.
If an Economic Bid form has detailed items listed but has not
quoted them, we will assume that it is not included in the offer.
Also, when any lot or item does not appear in the Economic Bid
form, we will equally assume it is not included in the Offer. The
breakdown of price components is required solely for the purpose of
facilitating the Bid comparisons to the Contracting Entity. The
price quoted on the presentation form of the Economic Bid shall be
the total price of the bid, excluding any discounts offered. Prices
quoted by the Bidder shall be fixed during the execution of the
Contract and are not subject to variation on any account, except as
provided in the Data Process (DP).
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1.5 Bid Currency
The price in the Bid shall be expressed in the national currency
(Dominican Pesos, RD$), except for contracts supplied from outside
of the country, which may be expressed in the currency of the
country of origin. 1.6 Applicable Regulations
The Public Bidding procedure, the Contract and its subsequent
implementation shall be governed by the Constitution of the
Dominican Republic, under Law 340-06 of Purchases and Procurement
of Goods, Services, Construction and Concessions, dated eighteen
August (18) 2006 and its amendments contained in Law 449-06 dated
December six (06) 2006; by the Applicable Regulations issued by
Decree 543-12, dated September six (06) 2012, by rules made under
it, as well as these specific Terms of Conditions to intervene. All
documents composed in the Contract shall be considered as mutually
explanatory. For the implementation of the regulations,
interpretation or resolution of conflict or dispute, the following
order of precedence shall be followed:
1) The Constitution of the Dominican Republic 2) Law 340-06 on
Purchasing and Procurement of Goods, Services, Construction and
Concessions, dated
August 18, 2006 and its amendments contained in Law 449-06 dated
December six (06) 2006; 3) Regulation on the Application of Law
340-06, issued by Decree 543-12, dated September six (06) 2012. 4)
Specific Terms of Conditions. 5) The Bid and samples to be
accompanied. 6) The Award. 7) The Contract. 8) The Purchase
Order.
1.7 Judicial Jurisdiction Any dispute, controversy or claim
arising out of this document and / or the Contract to intervene,
their defaults, interpretations, judgments or annulments will be
submitted to the Administrative Court under the procedure
established in the Law 13-07, dated February five (05) 2007
established by the Tax, Administrative and Disputes Tribunal.
Similarly, by mutual agreement between the parties, the procedure
of Commercial Arbitration of the Dominican Republic may be evoked,
in accordance with the provisions of Law No. 479-08, dated December
thirty (30) two thousand and eight (2008). 1.8 Advertising
The invitation to submit offers in PUBLIC BID PROCEDURE shall be
made by a publication in at least two (02) national newspapers for
a period of two (2) consecutive days. The invitation to submit
offers in this National Public Bid shall be effected by posting
notices on the website of the institution, for a period of two (2)
consecutive days. In the Declaration of Desert of the Process, the
Contracting Authority may reopen giving a deadline for
submission
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of Proposals of up to fifty percent (50%) of the term of the
failed process. 1.9 Stages of the Call
The call can be Single or in Multiple Stages Single Stage: When
comparing the offers and the quality of the Bidders is performed in
a single act. Multiple Stages: When the Technical Bids and Economic
Bids are evaluated in separate steps: Stage I: It starts with the
process of delivering the "Envelope A", that contain the Technical
Bids, accompanied by samples, if appropriate, in a public ceremony
in the presence of a Public Notary. It concludes with the
evaluation of Technical Bids and Order issued by the Procurement
and Contracting Committee based on the results of the Award
Process. Stage II: It begins with the opening and reading of
Economic Bids contained in "Envelope B", which were held in custody
and were enabled in the first step of the process, in a public
ceremony in the presence of Public Notary and concludes with the
Resolution of Award to Bidders / Proposers. 1.10 Contracting
Authority
The competent administrative body for the recruitment of
property to be acquired is the Contracting Entity in the person of
the Highest Executive Authority of the institution. 1.11
Attributions The powers of the Contracting Entity, without
limitation, are as follows:
a) Defining the Administrative Unit will have technical
responsibility during the negotiation. b) Appoint Experts. c)
Determine roles and responsibilities for staff and unit linked to
the process. d) Cancel, suspend, declare void or invalid, part
of/or the whole Bid, for reasons it deems appropriate.
Consequently, they can make other Contracts in the Terms of
Conditions they determine. 1.12 Authority Responsible of the
Process
The Authority responsible for the Public Bidding procedure is
the Procurement and Contracting Committee. The Procurement and
Contracting Committee is composed of five (05) members.
The highest ranking officer of the institution, or who he
designates, who shall preside him; Financial Managing Director of
the company, or who he delegates; The Legal Adviser of the
organization, who will act as Legal Counsel; The Head of the
Planning and Development or its equivalent; The person responsible
for the Office of Free Access to Information.
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1.13 Extent of Responsibilities
The Procurement and Contracts Committee is not obliged to
declare enabled and / or Awarded to any Bidder / Proposer who
submitted their credentials and / or bids, if they do not
demonstrate that they meet the requirements set out in the Terms of
Reference. 1.14 Corrupt or Fraudulent Practices
Corrupt or fraudulent practices that are within the Penal Code
or the Inter-American Convention against Corruption, or any
agreement between proponents and third parties, which establish
restrictive competitive practices, will determine causal rejection
of the proposal at any stage of the selection process, or
termination of the Contract, if it already has been concluded. In
the above definitions, the following shall apply:
a) "Corrupt Practice", the offering, giving, receiving or
soliciting of anything of value to influence the action of a public
official or to obtain an undue advantage over the procurement
process or contract execution.
b) Prctica Fraudulenta, es cualquier acto u omisin incluyendo
una tergiversacin de los hechos con el
fin de influir en un proceso de contratacin o en la ejecucin de
un Contrato de obra pblica en perjuicio del contratante; la
expresin comprende las prcticas colusorias entre los licitantes
(con anterioridad o posterioridad a la presentacin de las ofertas)
con el fin de establecer precios de oferta a niveles artificiales y
no competitivos y privar al contratante de las ventajas de la
competencia libre y abierta, coercitivas y obstructiva.
c) "Fraudulent Practice", is any act or omission including a
misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the
detriment of public works Contract; this includes collusive
practices among bidders (prior to or after submission of bids) in
order to establish bid prices at artificial, non-competitive levels
and to deprive the bidder of the benefits of free and open,
coercive and obstructive competition.
1.15 Of the Bidders/ Skilled and Unskilled Proposers
Any natural or juridical, domestic or foreign person, who
acquired the specific Terms of Conditions Document, shall be
entitled to participate in this bidding, provided they meet the
conditions and are not affected by the system of prohibitions set
out in these Terms of Conditions. 1.16 Prohibition on Hiring
The individuals or commercial companies listed below may not
participate as Bidders / Proposers, directly or indirectly:
1) The President and Vice President; Secretaries and Deputy
Secretaries of State; Senators and
Deputies of the Congress; Judges of the Supreme Court, other
judicial courts of the Chamber of
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Accounts and the Central Electoral Board; Trustees and Aldermen
of the City Councils of the Municipalities and the National
District; the General Comptroller and Deputy Comptroller; Budget
Director and Deputy Director; National Planning Director and Deputy
Director; Attorney General's Office and other members of the Public
Ministry; National Treasurer and Assistant Treasurer and other
officers of first and second level of the hierarchy of institutions
included under the scope of Law 340-06;
2) The chiefs and deputy chiefs of staff of the Armed Forces, as
well as the head and deputy of the National Police;
3) Public officials with decision-making power or interference
at any stage of the administrative
contracting;
4) All personnel of the procuring entity;
5) All relatives by consanguinity within the third degree or by
marriage to the second degree, inclusive, all officials for
contracting covered by the ban, as well as spouses, domestic
partners , persons associated with similar relation of affective
coexistence or with which they have fathered children, and
descendants of these people ;
6) Legal entities where the natural persons who relate the
numerals 1 to 4 have an interest greater than
ten percent ( 10% ) of the capital , within six months preceding
the date of the call ;
7) Natural or legal persons involved as advisors at any stage of
the procurement procedure or that have participated in the
preparation of the technical specifications or respective designs ,
except in the case of supervision contracts ;
8) Natural or legal persons who have been convicted by a
sentence which has acquired the force of res
judicata for crimes involving dishonesty or against property ,
or bribery , embezzlement , influence peddling , breach of trust ,
secret disclosure , insider information or crimes against public
finances, until a period has elapsed equal to twice the sentence.
If the conviction was for a crime against public administration ,
the prohibition to contract with the State shall be perpetual ;
9) Companies whose executives have been convicted of crimes
against the state, crimes against the
public trust or crimes under international conventions to which
the country is a signatory;
10) Natural or legal person that are found disqualified under
any judicial ordainment;
11) People that give false information or participate in illegal
or fraudulent activities related to the
procurement;
12) The natural or legal persons who are administratively
sanctioned with temporary or permanent disqualification from
contracting with public entities in accordance with the provisions
of this Act and its regulations;
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13) Natural or legal persons who are not up to date with their
tax obligations or social security, in accordance with current
regulations established;
PARAGRAPH I: For the officials referred to in Paragraphs 1 and
2, the ban was extended to six (6) months after leaving office.
PARAGRAPH II: For people included in Paragraphs 5 and 6 relating to
personnel referred to in Paragraph 3, the prohibition shall apply
in the area of the institution in which the latter serve. In
addition to the provisions of Article 14 of Law 340-06 and its
amendments, Bidders who have been temporarily or permanently
disabled by the General Directorate of Public Procurement in its
capacity as the Governing Body of the system may NOT be bidders or
contract with the Dominican State. In the case of temporary
disqualification, the ban will be by the time established by the
Governing Body. Nor may they contract with the Dominican government
suppliers that have not updated their data in the State Register of
Providers. 1.17 Demonstration of the Capacity to Hire
Bidders / Proposers must demonstrate that:
1) They are not foreclosed, bankrupt or in liquidation; their
businesses have not been placed under judicial administration and
commercial activities have not been suspended nor have they begun
legal proceedings against you for any of the foregoing pleas;
2) They have complied with their tax and social security
obligations;
3) Have met other conditions of participation specified in
advance in notices of these Terms of Conditions;
4) They are legally established and domiciled in the country, in
the case of national government purchases;
5) That the social purposes are consistent with the contractual
object;
6) That neither they nor their managers have been convicted of
an offense concerning their professional conduct or false
statements or misrepresentations as to their qualifications to sign
an awarded contract.
1.18 Legal Representative All documents submitted by the Bidder
/ Proponent within this Bid shall be signed by him or her, or Legal
Representative, duly authorized.
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1.19 Authorized Agents Each Bidder / Proposer, before performing
their your first consultation , may appoint up to three ( 3)
individuals who may act jointly and separately as its Authorized
Agents for the purposes of the Bid . The designation of Authorized
Agents must be made by written agreement with the model of Letter
of Designation or Substitution of Authorized Agents and model of
Letter of Acceptance of Appointment as Authorized Agents, both
models are attached to this Terms of Conditions communication.
Authorized Agents are the only persons authorized by the Bidder /
Proposer to perform all queries relating to the bidding process and
receive, with binding effect, on behalf of the Bidder / Proponent,
all newsletters and / or Amendments that the Procurement and
Contracting Committee formulates. The Bidder / Proposer may replace
and revoke the appointment of any Authorized Agent, or change their
address, phone, fax, email, etc., by written notice in accordance
with the model of the Letter of Designation or Substitution of
Authorized Agents and model Letter of Acceptance of Appointment as
Authorized Agents. The replacement of one or more Authorized Agents
or change of address, phone, fax, email, etc., will be valid from
the date of receipt by the Procurement and Contracts Committee of
the letters listed above. The replacement of one or more Authorized
Agents will not require the consent of the Authorized Agent (s)
substituted. 1.20 Rectifications For the purposes of the present
Public Bidding process, it is considered that a Bid substantially
conforms to the Terms of Condition, when they are consistent with
the terms and specifications of these documents, without material
deviation, reservation, omissions or significant errors. The
absence of requirements for the credentials of providers is always
correctable. The determination of the Contracting Entity that a bid
conforms substantially to the Bid documents will be based on the
contents of the Bid itself, without having to resort to external
evidence. When errors or omissions of rectifiable nature are
concerned, generally those that do not affect the principle that
the Offers must substantially comply with the Terms of Reference,
the Contracting Authority may require that, in the short term, the
bidder / Proponent provide the missing information. When the
appropriate opportunity to correct errors or omissions proceeds, it
shall be construed in all cases under the understanding that the
Contracting Entity has the possibility of having the greatest
possible number of valid bids and be able to prevent, for
inconsequential formal matters, that it is deprived to opt for
serious and convenient offers from the point of view of price and
quality. Any correction that alters the substance of an offer to be
the better will not be considered a correctable error or omission.
The Contracting Authority will reject any bid that is not
substantially responsive to the Terms of Reference. Subsequent
corrections that allow any bid, which initially did not comply with
this Specification, will not be accepted.
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1.21 Arithmetic Corrections For purposes of rectifications,
arithmetic errors will be corrected as follows:
a) If there is a discrepancy between a partial amount and the
total amount obtained by multiplying the partial quantities, the
partial amount will prevail and the total amount will be
corrected.
b) If the discrepancy results from an addition or subtraction
error, we will proceed similarly; ex: prevailing partial amounts
and correcting the totals.
c) If there is a discrepancy between words and figures the
amount in words shall prevail. d) If the Bidder does not accept the
correction of errors, the bid will be rejected.
1.22 Guarantees Bidders / Proposers must submit the following
guarantees: 1.22.1 Bid Bond Guarantee Corresponding to one percent
(1%) of the total amount of the Bid. PARAGRAPH I. La Garanta de
Seriedad de la Oferta ser de cumplimiento obligatorio y vendr
incluida dentro de la Oferta Econmica. La omisin en la presentacin
de la Oferta de la Garanta de Seriedad de Oferta o cuando la misma
fuera insuficiente, conllevar la desestimacin de la Oferta sin ms
trmite. PARAGRAPH II. The Bid Bond Guarantee will be binding and
will be included in the Economic Bid. Failure in submission of the
Bid Bond Guarantee, or when it is insufficient, will lead to the
outright rejection of the offer. 1.22.2 Performance Bond Guarantee
The bidders whose contracts exceed the equivalent in Dominican
Pesos of Ten Thousand Dollars of the United States of America with
00 /100 ( $ 10,000.00 ) , are required to provide a Bank Guarantee
or Bonding Policy from a recognized insurance company in the
Dominican Republic , with the conditions of being unconditional ,
irrevocable and renewable ,within five (5) working days from the
notification of the award , in the amount of four percent (4%) of
the total amount of the contract to intervene , available to the
Contracting Entity , whatever may have been the method and form of
Award . It must be issued by a bank of recognized standing in the
Dominican Republic. The non-appearance of the Awarded to constitute
the Performance Bond Contract shall be understood that they have
renounced the Award and we will proceed to the execution of the
Performance Bond Guarantee. When there is a refusal to constitute a
Performance Bond Guarantee Contract, the Contracting Entity, as
Body of Execution for the Contract, will notify the Adjudication of
lines corresponding to the Bidder who would have obtained the
following position in the allocation process, according to the
Occupied Report Places. New Bidder will deposit the Guarantee and
sign the contract according to the term which will be subscribed by
formal communication by the Contracting Entity.
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1.23 Return of the Guarantees
a) Bid Bond Security: Both the Contractor as well as other
participant bidders once integrated performance bond
contract. b) Performance Bond Guarantee and Posterior
Guarantees: After the liquidation of the contract is approved,
if
responsibilities involving the execution of the Guarantee did
not result and within the same elapsed, its return will be
ordered.
1.24 Consults, Newsletters and Amendments Interested parties may
request the Contracting Entity for clarification on the Terms of
Reference, up to the date that matches FIFTY PERCENT (50%) of the
deadline for submission of bids. The queries are to be formulated
by the Bidders, their legal representatives or agents authorized in
writing, addressed to the Operations Procurement and Contracting
Unit within the deadline, who will be in charge of providing the
answers in conformity to their nature. 1.25 Address Consultations
will be addressed to the Procurement and Contracting Committee, to
the following address:
PROCUREMENT AND CONTRACTING COMMITTEE Center for Export and
Investment of the Dominican Republic, CEI-RD Reference:
CEIRD-CCC-LP-01-2014 Address: 27 de Febrero esq. Gregorio Lupern
Phone No.: 809-530-5505 Ext. 238
The Operational Procurement and Contracting Unit will have to
issue explanatory clarifying newsletters to be able to answer the
consults. The newsletters will be issued only with the questions
and answers, without identifying who consulted, at a no later date
than SEVENTY-FIVE PERCENT (75%) of the deadline for the submission
of Bids and shall be notified to all Bidders who have acquired the
Terms of Reference and published in the institutional portal and in
the one managed by the Governing Body. 1.26 Newsletters The
Procurement and Contracting Committee may issue newsletters to
respond to the queries raised by the Bidders / Proposers regarding
the content of these Terms and Conditions, forms, and other
newsletters or annexes. The Newsletter will be made known to all
Bidders / Proposers.
Section II Data Process (DP)
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2.1 Purpose of the Call The object of this call is to hire a
consulting firm in accordance with the conditions specified in the
Terms of Reference. 2.2 Selection Procedure Once the bids are
submitted to the Evaluation Commission, the confidential process of
evaluation will begin. It will not be disclosed to Bidders or any
person not officially concerned with the process, or information
related to the examination, evaluation, comparison and post
qualification of the bids or on the recommendation of the awarded
contract until it has been issued on the final award recommendation
report. 2.3 Source of Funds The Center for Export and Investment of
the Dominican Republic, in accordance with Article 32 of Regulation
543-12 on Purchases and Procurement of Goods, Services and Works,
has taken the necessary proactive measures in order to ensure the
ownership of corresponding funds that will sustain the payment of
all property and assets acquired by the present bidder. Items of
funds scheduled for delivery will be properly specialized for such
purposes, to the effect that the terms of the contract does not
undergo any change during the time of execution 2.5 Schedule Bid
Schedule
ACTIVITIES PERIOD OF EXECUTION
1. Publication called to participate in the Bid. Publication on
2 Newspapers of National Circulation.
Upload Bid and Terms of Conditions to the CEI-RD website
(www.cei- rd.gov.do) and the website of the General Directorate of
Public Procurement (www.comprasdominicana.gov.do)
On ____________
2. Acquisition of the Specific Terms of Conditions. Va: 1)
CEI-RD website:
www.cei-rd.gov.do
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2) General Directorate of Public Procurement website:
www.comprasdominicana.gov.do
3. Period for consultation by the acquirers. 50% of the deadline
to present the Bids. From __________ 2014 to ________ 2014.
4. Deadline to emit a reply to the Procurement and Contracting
Committee, by newsletters or amendments.
Not beyond the date within 75% of the period for submission of
bids.
From _______2014 until _______ 2014.
5. Reception of Proposals. Envelopes A and B.
30 working days starting the date of the last publication.
From _______2014 until _______ 2014. .
6. Opening of Envelop A, Technical Proposal __________2014
7. Verification, Validation and Evaluation of the content of the
technical proposals in Envelope A.
10 working days after the opening of Envelop A. From
____________2014 until _______2014
8. Notice of errors or omissions of remediable nature. 3 working
days starting after verification, Validation and Evaluation of the
content of the technical proposals in Envelope A. From ________ to
________ 2014.
9. Deadline for correction of errors or omissions. 5 working
days after notice of errors or omissions of remediable nature. From
_______ 2014 to _________2014.
10. Period of consideration for amendments 5 working days after
deadline for correction of errors or omissions From _______ 2014 to
_________2014.
11. Issuance of final evaluation report of the Technical Bids in
Envelope A.
__________ , 2014.
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12. Opening of Envelop B, Economic Bid _________2014
13. Verification, Validation and Evaluation of the content of
the technical proposals in Envelope b.
5 working days after the opening of Envelop B.
From _______ 2014 to _________2014
14. Presentation of the report with recommendation for the
Award.
_________ 2014.
15. Verification and Validation of the recommendation for the
Award.
3 working days after the presentation of the report with
recommendation for the Award. From _______ 2014 to
_________2014
16. Notification and Publication of th Award. ____________,
2014.
17. Deadline for the constitution of the Performance Bond
Guarantee
5 working days after the notification and publication of the
Award. From _______ 2014 to _________2014
18. Subscription of the Contract. 20 working days after the
notification of the Award. From _______ 2014 to _________2014.
19. Publication of the Contract on the website of the
institution and the portal managed by the Governing Body.
Immediately after it has been signed by both parts.
2.6 Availability and Acquisition of the Specific Terms of
Conditions The List of Specific Terms of Conditions will be
available to anyone who requests it, in the headquarters of the
CEI-RD, located on Ave 27 February esq. General Gregorio Luperon,
between the hours of 8:30 am to 4:30 pm, on the date indicated in
the Schedule of the Notice and on the institutional website and the
website managed by the Governing Body, for all interested.
2.7 Knowledge and Acceptance of Terms of Reference
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The fact that a Bidder / Proposer participates in the
competition implies full knowledge, acceptance and submission by
him, its members, officers, Legal Representative and Authorized
Agents, procedures, conditions, stipulations and regulations,
without exception, established in the Terms of Reference, which are
legally binding. Terms of Reference (TOR)
Consult for the implementation of Market Research, Supply and
Entry of Agricultural and Agro-Industrial Products in the state of
New York, USA, under the DR -CAFTA in a first phase, and a second
phase in the attainment of this same study for the state of Florida
under a single contract. I. Background
The Center for Export and Investment of the Dominican Republic
(CEI- RD), created by Law No. 98-03, is the entity in charge of
promoting and encouraging exports and investment in order to drive
a competitive insertion into the international markets. In
fulfilling its objectives, the Center is presenting the development
of the following consult: Market Research, Supply and Entry of
Agricultural and Agro-Industrial Products in the state of New York
and the state of Florida, of the United States of America, under
the DR -CAFTA (hereinafter "the consult" or by its full title), in
agreement between the CEI-RD and the National Supermarkets
Association (NSA), as of January fifteen (15), two thousand and
thirteen (2013). The object of the agreement is described in the
first (1st) Article as follows:
1.1 Assist in the development of strategies to promote and
re-launch the agricultural and agro-industrial products, beverages,
and any other of the various productive sectors of the Dominican
Republic. 1.2 Promote initiatives of training and actions to be
able to optimize the performance and improve the competitiveness of
Dominican producers and products. 1.3 Identify niches, markets and
business opportunities and promote through various activities at
national and international levels the facilities of doing business
in the country, especially under the Free Trade Agreement between
the Dominican Republic -Central America- United States of America
(by its acronym known as DR- CAFTA), thereby facilitating the
recruitment and establishment of new companies in this sector, and
increasing their exports. "
In this sense, by the agreement before mentioned, the Center for
Export and Investment of the Dominican Republic (CEI- RD) commits
itself to conduct a consult, in the states of New York and Florida
that identifies niche markets, the challenges of entry, specific
proposals to facilitate the current obstacles at hand. Also,
specifying products, volumes, current and suggested prices and any
other information deemed pertinent to be able to reach the
objective of this Agreement. In view of the purpose intended, it is
precise to determine the Terms of Reference (TOR) that describe the
necessary elements to be able to hire a short term consultancy that
will formulate, in the first phase, the Market Research of Supply
and Entry of Agricultural and Agro-Industrial Products in the state
of New York, of the United States of America, under the DR -CAFTA.
The consult will have as a reference a research that was conducted
by the Bureau of Foreign Trade (DICOEX) of the Ministry of Industry
and Trade, by means of an international consultancy, about the
market for agricultural and agro-industrial products in the city of
New York, under the DR CAFTA in the year 2011, and other studies
that were conducted previously. This research is intended solely as
frame of reference, not actual input for the consultancy in
question. Additionally we will proceed to elaborate a similar study
for the state of Florida, in a second phase posterior or parallel
to the first phase, under the same contract and within the duration
of the Agreement.
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II. Objectives
The goal of this consult is to conduct a Market Research, Supply
and Entry of Agricultural and Agro-Industrial Products in the state
of New York in a first phase, and the development of a study with
the same content for the state of Florida in a second phase. This
will serve as a model export promotion strategy for Dominican
products to both markets as well as identify current challenges to
be able to export competitively, include punctual solutions,
recommendations and plan of work. In this sense, the main goal of
the consult is to identify the main barriers that prevent the
commercialization of Dominican products in the states of New York
and Florida, in order to propose solutions and path to be taken in
order to reach the expected results. Consequently, raising
initiatives to eliminate or reduce these barriers to the lowest
terms and establish a roadmap to enable a successful deployment and
scope of the expected results in order to optimize the marketing of
Dominican products, ensuring their competitiveness. In addition,
the results obtained from this study will be used by the Dominican
Government to be able to apply the correct solutions and that the
marketers in New York and Florida can be in direct contact with the
producers, middlemen and exporters so that they can negotiate
directly with them or through the CEI-RD. Similarly, part of the
implementation of the recommendations resulting from the consult
seeks to create certification programs for quality and training
aimed at improving the competitiveness of domestic producers. These
programs will be focused on existing rules and regulations that are
required for the agricultural products that seek to be positioned
or inserted in the U.S. market and that are necessary for Good
Agricultural Practices (GAP) and Good Manufacturing Practices
(GMP), among other high standards. II. Scope of Work
An interdisciplinary team that complements academic, technical
and professional experiences, should develop this research, in
order to effectively meet the specificities of the different
aspects related to the required of the market study. The consult
that will be developed for the state of New York will be analyzing
the nine products, as reference only and not limited to, identified
in the 2011 study, are as follows : Avocados ( Hass and green Peel
); Peppers ( all varieties , especially Anaheim, Habanero and
Cubanelle ) and Bell Peppers ( red, yellow , orange and green);
Japanese Pumpkin ( Kabocha ), Papaya ( Sunrise and Maradol
varieties ); Mangos (Kent, Keitt and Tommy Atkins); Pineapples
(Golden MD-2 ) Greenhouse Tomatoes ( Grape , Meaty , in branches
and Cherry) , Tannia (Lilac, Malanga Coco and White ) and Yucca .
These products listed are without limitation, considering that a
total of 20 to 30 initial products with export potential must be
analyzed. Similarly, in the study for the state of Florida an
analysis of 20 to 30 initial products with export potential for
that market should be performed so that the products with immediate
export potential can be determined. The consult should include the
following sections to be developed in conformity to the state of
New York and the state of Florida, as an object of study: Section
I. Evaluation of the potential market that the state of New York
and the state of Florida have for Dominican agricultural and
agro-industrial products. Section II. The legal disposal and
applicable procedures for the commerce of the agricultural products
of this study. Section III. Identify the supply of Dominican
agricultural and agro-industrial products.
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Section IV. Commercial exchange with the countries that have
signed the DR- CAFTA and the performance of the agricultural and
agro-industrial sector in the Dominican Republic. Section V.
Identify the obstacles that could impede the trade of Dominican
products in the states of New York and Florida. As a minimum, the
consult will comprise the following criteria according to the
sections identified above, namely:
1. Definition of market characteristics (determine tastes and
preferences of consumers). 2. Analysis of the demand for
agricultural and agro-industrial products and its seasons. 3.
Choice of the Target-Market. 4. Competitiveness of the products in
different segments. 5. Types of support strategies for promotion
and its costs. 6. Case study for the demand of specific products.
7. Apply benchmarking and other comparison tools as well as the
exposition of successful cases of insertion
in these markets. 8. Analysis of the evolution of prices and its
elasticity. 9. Determination of the logistical aspects of the
market. 10. Description of distribution and marketing channels for
the products. 11. Definition Sanitary and Phytosanitary Measures
(SPS) and access ports. 12. Diagnostic of exploited and exploitable
land potentially available for the cultivation of the studied
products. 13. Entrance and exit barriers in ports and airports in
the Dominican Republic as well as the states of New
York and Florida, including processes and procedures.
Additionally, a complete analysis should be performed of all costs
involved in the export process, including: average costs for
containers of different sizes for sea and air transport, average
cost of empty box valued, average amount of fruits/products per
box, cost of packaging per box, freight, staples and labels,
fumigation of the container, Ethylene control bags, land transport
for local dock, other costs (fuel, etc.) costs of Clearing in
customs and any other related costs , dock transport in Tri- State
area to the warehouse distributor or wholesaler , and average
benefits for the distributors and wholesaler companies that
currently provide these services, taking into consideration that
some aspects may vary depending on the type of product. The
recommendations of the consult will contain a training plan
designed in virtue of the outcome of the consult and the sales
forecast for Dominican products in the markets investigated, to be
able to implement the results of the study with satisfaction. The
consult should also describe the role the NSA will have according
to the results of the consult, describing its operational strategy,
strengths and opportunities. Also, each of the sections shall
clearly contain the methods and techniques used, as well the
objectives to be able to meet the requirements of those sections,
establishing solutions to situations that may be considered
obstacles to implementation. III. Activities to be performed in the
consult
To be able to reach the proposed objectives, the following tasks
should be performed:
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Identify the main problems concerning access for the Dominican
agricultural exports to the markets of the state of New York and
the state of Florida. Propose solutions including the strategy to
be developed.
Conduct consultations with national exporters to identify
barriers, based on their experiences, to access to the U.S.
market.
Conduct field research that includes interviews and surveys to
the consumers and vendors of the markets that are under
consideration. Consider the different profiles such as gender and
age range.
The consultant will outline a certification program aimed at
farmers and focused on quality control of products and packaging.
The same could be taught as part of the training and implementation
program based on the results of the study.
Identify the harvest seasons of the products chosen to be able
to propose the implementation of a promotional campaign in the
agricultural mainstream media, based on seasonal consumption as
well as current news and events.
All the necessary activities, efforts and initiatives that are
needed to reach the objectives of the consult. The CEI- RD and the
NSA will give the necessary support to the consulting firm, to
provide the knowledge they have on the market and the consumer and
serve as supervisors in the drafting of the consult. Additionally,
they will provide relevant knowledge of public or private domain to
improve and optimize the results of the study to be able to
identify, prioritize and ensure export business opportunities. IV.
Expected Outcomes
1. Timeline of work, methodology to be used, and design of the
sample frame. 2. Analysis on the new rules and regulations
regarding traceability of agricultural products, indicating:
a. Improvements in the presentation and packaging of
agricultural products for export. b. Detailed report about the new
safety provisions created by the federal authorities of the
United
States with the creation of the new department of Food Safety.
c. Proposed mechanisms to promote products to the potential markets
under study (ex: establishment
of clusters or similar initiatives).
3. Analysis of the challenges and obstacles faced by the
Dominican products identified in the consult to be able to achieve
its positioning in target markets, as well as the weaknesses they
present, whether it is the responsibility of the exporter or the
Dominican State, to be able to indicate possible solutions, and
later submit a report containing a plan of action and timeline of
work to be executed.
4. Marketing and promotion plan for the agricultural products
focused on their peak period, and an indication of the important
events in the U.S. market.
a. Analysis of impact of advertising campaigns of selected
products, the promoting countries and partnerships driving these
campaigns.
b. Report containing the results of the analysis about the
situation of the market, containing general characteristics and
potential buyers, segmented by type of user.
5. Preliminary report detailing the supply and demand of the
products in the study. a. Demanded volumes and seasonality of the
products by the retailers and wholesalers. b. Analysis of prices
and product packaging.
6. Proposal for the implementation of a national certification
program that seeks to improve the quality of these agricultural
products for export to the United States of America, their
handling, as well as Good Business Practices (BPN).
7. Training timeline based on the results of the consult based
of the demand.
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8. Plan of action to be performed by the NSA as an Association,
to achieve the specific business opportunities identified in the
study as well as a proposal of recommendations.
9. General recommendations and areas that need improvement. The
expected outcomes should be delivered by the following schedule, as
well as the payment to be made for each of the stages outlined
below, as soon as the document is received and approved in
agreement by the CEI- RD:
Stages Percentages
1. Work schedule and methodology 10%
2. Partial report on the New York study 20%
3. Final report on the New York study. 25%
4. Partial report on the Florida study. 20%
5. Final report on the Florida study 25%
The expected outcomes with regards to the consult of the states
of New York and Florida may be delivered simultaneously, according
to the percentages set. V. Institutional Arrangement
The consulting firm will be hired by the Center for Export and
Investment of the Dominican Republic (CEI- RD) after the bidding
process. The execution will be supervised in coordination with the
Senior Management Export Team of the CEI- RD, who will be
responsible for coordinating the activities that are contemplated
in the Terms of Reference, the receipt and approval of invoices and
deliverables, and the acceptance and approval of reports or other
items to be provided. The Executive Director of the CEI- RD
reserves the right to modify this delegation and include other
people responsible. The CEI- RD will indicate the conditions of
payment for each deliverable. All preliminary and final documents
should be presented to the CEI- RD for approval. The CEI- RD, as
the contracting authority may request the Contractor to hand in
progress if needed, as well as follow-up meetings that may be
conducted in person or online, according to the considerations
taken by the CEI- RD. All reports should be submitted in Spanish in
three hard copies and an electronic version on a Compact Disk (CD)
and the text format Times New Roman" size 12. All of the database
and documents used within the consul should be handed in digital
media. VI. Duration of Work
The maximum period for the execution of the consult and
presentation of the final reports will be sixteen (16) consecutive
weeks, from the date the contract is signed for the commencement of
the study in the state of New York and the state of Florida of the
United States of America. VII. Working Space
The contractor shall develop his work upon review and analysis
of the existent documented information collected by the advisor and
from field interviews made to everyone involved on the specific
topics of the consult, in the United States of America and the
Dominican Republic. The advisor will use as the CEI-RD and the NSA
as part of his source of information.
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The national companies that participate on the bidding will have
to demonstrate their capacity to execute the study, understanding
that a great part of the necessary field information should be
obtained directly on the United States. The presence of the team
leader could be required by the CEI-RD for the necessary work
meetings. VIII. Guarantees
Bid Bond Guarantee The bid bond guarantee for legitimacy of the
Bid shall be included within the Economic offer, at the moment that
the offer is presented. The bidder shall include as part of the
Bid, a Bid bond guarantee for the amount in Dominican Pesos (RD$),
that shall not be inferior to one percent (1%), of the total amount
of the Bid, in accordance to Art. 112 (a) of the Regulations for
application approved by means of Decree No. 543-12. The bid bond
guarantee could consist, as per indications established by the
contracting party, in some of the following types:
a. Compromise Letter b. Banking Guarantee c. Insurance
Policy
It should remain valid during a term no less than the period of
legitimacy of the Bid, or the extended period, if it applies.
Failure to provide the bid bond guarantee, or in the case that this
results insufficient, it will result in REJECTION of the Bid
without further delay. The bid bond guarantee will be returned, as
established on art. 121 (a) of the Regulations of application no.
543-12 to the awarded, as well as all other bidders, once the
guarantee of the faithful performance of contract is integrated.
For this refund the contracting party will have a deadline of ten
(10) days. The contracting party will require the same guarantee
from all the bidders, this way there will be no differences
established among the various bidders. Guaranty of the Faithful
Compliance of the Contract
The bidders are obliged to provide a performance bond contract
within five (5) working days from the notification of the
adjudication, in the amount of FOUR percent (4%) of the total
amount from the contract, to the disposition of the Contracting
Party, whatever may have been the method and form of contract. The
same is refundable once the requital of the Contracting Party is
fulfilled. The Guarantee of Faithful Compliance may consist, as per
directed by the Contracting Party, in section II of the BDS, in any
of the following types:
a. Bank Guarantee or colateral. b. Insurance Policy.
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Guarantees of faithful compliance of the contract shall be
returned to office, when they have been fulfilled to the
satisfaction of the Contracting Party, and when there is no pending
application of a fine or penalty, according to Article 121 of the
Regulations of Application approved by Decree No. 543-12 for
Purchases and Contracts.
Guarantee for the Advanced Payment Bond
Bidders are required to provide an Advanced Payment Bond, prior
to delivery of the concept of progress or advance by the
Contracting Party, equivalent to the amount received by the
renderer as an advance. NOTE: For MIPYMES, the Faithful Performance
Bond shall be ONE percent (1 %) of the total amount adjudicated.
IX. Professional Profile
Due to the extent of the topic, and tending to the requirements
established for the development of the consult, the consult may be
developed by a team of up to three professionals whose educational
background and complementary work experience are related to the
field of study. The team must designate a Team Leader and duly
notify the CEI-RD. In addition, other personnel may be used for
gathering information in the field, whose expenses are already
contained within the cost of this consult. The suggested
qualifications of the professional team are specified below: Expert
1:
a) Academic training in the areas of economics, marketing,
industrial engineering, agriculture or related career, preferably
with Masters or Doctorate in areas relating to external trade,
economy and / or commercial international trade in a recognized
institution.
b) Preferably more than ten (10) years of experience in
activities related to international trade, project formulation,
preparation of market research, international trade negotiations
and implementation of trade agreement activities.
c) Demonstrated experience in the field of trade preferably in
the North American market, particularly in New York and
Florida.
d) A proven ability to successfully design and execute technical
market research involving the preparation and subsequent
dissemination of analytical documentation.
e) Preferably with knowledge about the positioning of the
Dominican Republic in the framework of the current trade
negotiations , specifically the multilateral level (ex , the Doha
Round ) , the bilateral and regional levels (ex, Canada, Mexico ,
Taiwan, Cuba and MERCOSUR , etc.) , and a proper understanding of
the compatibility of such negotiations.
f) Experience in topics related to trade in agricultural and
agro-industrial goods. g) Knowledge of the NAFTA agreements, the
DR- CAFTA, Costa Rica - Canada, and the Canada-Chile FTA,
and how they have been interpreted and applied since it went
into effect. h) Fluency in Spanish and English.
Expert 2:
a) Academic training in the area of economics, agriculture,
industrial engineering, or related career, preferably with a
Masters or PhD in areas related to international trade, economics
and / or international trade law in a recognized institution.
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b) More than ten years experience in topics related to
agricultural exports and / or agribusiness. c) Experience in the
design and analysis of studies assessing market access schemes,
particularly in matters
relating to technical barriers to trade, quality standards, etc.
d) Familiar with U.S. law and policy practice in market access and
trade agreements. e) Preferably with knowledge of the negotiations
schemes of the Dominican Republic. f) Fluency in Spanish and
English.
Expert 3:
a) Academic training in the area of industrial , sanitary or
food engineering, chemistry , biology, agricultural sciences or
international law , preferably with post -graduate studies by a
recognized academic institution .
b) Professional experience of at least eight years in the areas
of plant health and / or animals, or quality management of products
of agricultural origin intended for foreign trade.
c) Demonstrate knowledge about the positioning of agricultural
and agro-industrial exports from the Dominican Republic destined
for the international global market.
d) Experience in international trade negotiations, particularly
on issues related to sanitary and phytosanitary standards.
e) Demonstrated experience in studies and research on access
issues related to markets for sanitary and phytosanitary
issues.
f) Knowledge of the rules of the WTO Sanitary and Phytosanitary
matters and particularly on experiences and relevant texts of the
agreements of NAFTA , Canada -Chile , Canada - Costa Rica and / or
DR -CAFTA.
g) Knowledge of the regulations of the United States in SPS. h)
Fluency in Spanish and English.
X. Evaluation Criteria For the evaluation of the proposals
submitted during the Bidding Process, the profiles of professionals
who make up the team, and the contents of the proposal submitted in
compliance with the terms and procedures in the matter shall be
taken into account. To obtain the results we will be pondering up
to a forty (40%) of the profile of experts and a sixty (60%) to the
technical proposal submitted, for a total of one hundred percent
(100%) of accordance with the criteria and values presented below.
Proposals that meet a percentage of eighty percent (80%),
inclusive, shall be considered for the continuity of the process.
This said, each section on the criteria evaluation of the technical
bid may not be less than ten (10) points.
A) Criteria of Evaluation of the Professional Profiles: Expert
1:
Criteria Value
1. I. Academic Qualification 20 Points 20 points
PhD 20 points
Masters 15 points
College Graduate 10 points
II. General Experience 20 points
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5-10 Years 20 Points
2-4 Years 10 Points
III. Specific experience and studies related to Agricultural
Trade and Agribusiness.
30 points
One job done in the area 10 points
Two jobs done in the area 20 points
Three jobs done in the area 30 points
IV. Experience with market research in the United States,
Central America and the Caribbean.
20 points
One job done in the US, CA and Caribbean 10 points
Two jobs done in the US, CA and Caribbean 15 points
Three jobs done in the US, CA and Caribbean 20 points
V. Experience and Knowledge on International Negotiations and
Trade Agreements
10 points
Related work experience 5 points
Related work experience and study 10 points
TOTAL 100 points
Expert 2:
Criteria Value
2. I. Academic Qualification 20 Points 20 points
PhD 20 points
Masters 15 points
II. General Experience 20 points
5-10 Years 20 Points
2-4 Years 10 Points
III. Specific experience and studies related to Agricultural
Trade and Agribusiness.
20 points
One job done in the area 10 points
Two jobs done in the area 20 points
IV. Experience with market research in the United States,
Central America and the Caribbean.
20 points
One job done in the US, CA and Caribbean 10 points
Two or more jobs done in the US, CA and Caribbean
20 points
V. Experience in research or implementation of programs related
to technical barriers of trade and quality standards.
20 points
One job related to technical barriers and quality standards
10 points
Two or more jobs related to technical barriers and quality
standards
20 points
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TOTAL 100 points
Expert 3:
Criteria Value
3. I. Academic Qualification 20 Points 20 points
PhD 20 points
Masters 15 points
II. General Experience 20 points
5-8 Years 20 Points
2-4 Years 10 Points
III. Specific experience and studies related to Agricultural
Trade and Agribusiness.
20 points
One job done in the area 10 points
Two jobs done in the area 20 points
IV. Experience with market research in the United States,
Central America and the Caribbean.
20 points
One job done in the US, CA and Caribbean 10 points
Two or more jobs done in the US, CA and Caribbean
20 points
V. Experience in health issues and quality management of
products of agricultural origin
20 points
A job in health and quality management of agricultural
products
10 points
One or more jobs in health and quality management of
agricultural products
20 points
TOTAL 100 points
B.) Criteria of Evaluation of the Technical Proposal
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Criteria of Evaluation
Do
es n
ot
Co
mp
ly (
0)
Ver
y U
nsa
tisf
acto
ry
(25)
Un
sati
sfac
tory
(50)
Sat
isfa
cto
ry
(75)
Ver
y S
atis
fact
ory
(1
00)
Po
ints
Section I
Evaluation of the potential market that the state of New York
and the state of Florida have for Dominican agricultural and
agro-industrial products. 15
1 Methodology
2 Objectives
Section II
Legal and procedural provisions applicable to trade in
agricultural products covered by this study. 15
1 Methodology
2 Objectives
Section III
Diagnosis of the Dominican supply of agricultural and
agro-industrial products. 15
1 Methodology
2 Objectives
Section IV
Commercial exchange with the signatories of the DR-CAFTA and
performance of the agricultural and agro-industrial sector in the
Dominican Republic. 15
1 Methodology
2 Objectives
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Section V
Identification of barriers that could impede or prevent trade of
Dominican products in New York and Florida. 15
1 Methodology
2 Objectives
Does not Comply Unsatisfactory Satisfactory Points
Others Criteria Criteria Criteria
Proposals of Action 25
1
Proposed mechanisms to promote products towards potential
markets under study
2
Plan for the Marketing and Promotion of agricultural products
focused on their peak periods, as well as an indication of the
important events in the U.S. market.
3
Proposal for implementation of a national certification program
that seeks to improve the quality of the agricultural products
meant for export to the United States, handling thereof and Good
Business Practices (BPN).
4
Training schedule according to the results of the study of
demand.
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5
Plan of action to be performed by the NSA as an Association, to
achieve the specific business opportunities identified in the
consult as well as the recommendations proposed in the same
plan.
Strategies and Content
6
Definition of market characteristics (determine tastes and
preferences of consumers).
7
Analysis of the demand for agricultural and agro-industrial
products and their season.
8 Selection of the Target-Market
9
Competitiveness of products in different segments.
10 The types of support for promotion and their costs.
11
Study of the demand for specific products.
12
Performing benchmarking and other comparison tools and exposure
of successful cases of integration in these markets.
13
Analysis of the evolution of prices and elasticity.
14
Analysis of the impact of advertising campaigns of selected
products, countries and partnerships promoters driving these
campaigns.
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15
Description of distribution channels and marketing of
products.
16
Presentation and packaging of agricultural products for
export.
17
Definition of Sanitary and Phytosanitary Measures and ports of
access.
18
Barriers of entry and exit from ports and airports both
Dominican Republic and the states of New York and Florida,
including processes and procedures.
19 Costs of the export process
20 Certification Plan
21
Forecast of sales of identified products.
22
Analysis of the new rules and regulations regarding traceability
and safety of agricultural products.
23
Determining logistical aspects of the market.
Objectives 2.9 Presentation of Proposals
Bids shall be submitted in a sealed and labeled envelope with
the following details:
NAME OF BIDDER (Social Seal) Signature of the Legal
Representative PROCUREMENT AND CONTRACTING COMMITTEE Centro de
Exportacin e Inversin de la Repblica Dominicana
Reference: CEIRD-CCC-LP-01-2014 Address: Ave. 27 de febrero esq.
General Gregorio Lupern