RFQ with General Instruction to Suppliers



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REQUEST FOR QUOTATIONS (RFQ)

AND

GENERAL INSTRUCTION TO SUPPLIERS (GIS)[1]

Ref. No.: RFQ2017.033.LTA.IOM

Date : 19 October 2017

The International Organization for Migration (IOM) is an intergovernmental organization established in 1951 and is committed to the principle that humane and orderly migration benefits both migrants and society.

IOM invites interested eligible Suppliers to submit Quotations for the Supply and Delivery of Armored Vehicles (AV) under a Long Term Agreement (LTA) for One (1) Year with possibility of extension.

|Item No. |Description |Qty |Unit |

|1 |2018 model, Brand NEW, 4x4, Middle-East or Tropical Version LHD Toyota |N/A |ea |

| |GXR LC200, V8 | | |

| |Options: petrol or diesel engine 4.6L, | | |

| |with high altitude compensator, | | |

| |Options: automatic or manual transmission, white colored, | | |

| |and fully certified armouring level at VR7 with Ballistic Level options| | |

| |B6/B7 | | |

| |Refer to GIS for the complete specifications. | | |

With this RFQ is the GIS which include the Instructions to Suppliers, Technical Specifications and administrative requirements that Suppliers will need to follow in order to prepare and submit their quotation for consideration by IOM.

IOM reserves the right to accept or reject any quotation, and to cancel the procurement process and reject all quotations at any time prior to award of Purchase Order or Contract, without thereby incurring any liability to the affected Supplier/s or any obligation to inform the affected Supplier/s of the ground for IOM’s action.

Very truly yours,

______________

Vladimir Maslarov

GPSU Head

Global Procurement and Supply Unit

GENERAL INSTRUCTION TO SUPPLIERS (GIS)

1. Description of Goods

IOM request prospective Suppliers to submit quotation for the Supply and Delivery of Armored Vehicle (AV) under a Long Term Agreement (LTA) valid for One (1) Year with possibility of extension.

|Item No. |Item Description |

|1.0 |VEHICLE SPECIFICATIONS |

| |2018 model, Brand NEW, 4x4, Middle-East or Tropical Version LHD Toyota GXR LC200, V8, with high altitude compensator, white colored, and fully|

| |certified armouring level at VR7 with Ballistic Level options B6 or B7 |

| |options: petrol or diesel engine 4.6L, |

| |options: |

| |automatic or manual transmission, |

|2.0 |MOSS Accessories: TO BE PRICED PER ITEM |

|2.1 |TJM Heavy Duty Front T15 Bull Bar (with HF/VHF Antenna Brackets) |

|2.2 |Warn Electric Winch 12 volt fixed in the heady duty front bull bar (6 tons capacity) |

|2.3 |Driver Side Window Lifter |

|2.4 |Heavy Duty Jack (4,000kgs) |

|2.5 |Bulb Fuse Kit |

|2.6 |Steel Roof Rack |

|2.7 |2nd Spare Wheel Incl. Runflat |

|2.8 |2nd spare wheel holder on the roof rack |

|2.9 |2 plastic jerry cans (20L) and two funnels with twin holders on the roof rack |

|2.10 |Wheel Wrench X-Type, 17,19,21 (13/16) 22mm |

|2.11 |Tow Rope (5,000kgs) 3M |

|2.12 |Blackhawk Sledgehammer |

|2.13 |Heavy Duty Jump Leads |

|2.14 |Winch Recovery Accessories in Storage Bag |

|2.15 |Replacement Rear Bumper Bar, Including Hi-Lift Jacking Points |

|2.16 |Ball type heavy duty tow bar with electrical socket |

|2.17 |Fog lamps, 2 x 55W with the bull bar |

|2.18 |Dashboard fitted blue flashing lights |

|2.19 |Strobe Lights Front mounted on Bull Bar |

|2.20 |Tail light kill switch |

|2.21 |Rear cargo area anchor points & elasticated net |

|2.22 |Yellow color spherical warning system different than ambulance and police vehicles |

|2.23 |Advanced First Aid Kit / trauma kit |

|2.24 |Two roadside warning triangles |

|2.25 |Belkins DC to AC power source |

|2.26 |Rechargeable torch light |

|2.27 |Essential Tool Kit (OEM tools) |

|2.28 |Shovel with Handle |

|2.29 |One handheld 1 kg fire extinguisher securely mounted in the front forward passenger foot-well (pictures to be included in submission) |

|2.30 |One hand held 1 kg fire extinguisher to be securely mounted (internally) to the right rear cargo door (pictures to be included in submission) |

|3.0 |Additional Accessories, Tools and Spare Parts to be PRICED SEPARATELY |

|3.1 |Dealer network manual |

|3.2 | Operator’s manual |

|3.3 |Electrical wiring manual |

|3.4 |Communication equipment manuals |

|3.5 |Keys one (1) plus two (2) spare |

|3.6 |Touch-up paint |

|3.7 |One air vehicle (bottle) jack to cope for additional weight of armour and wheel changing accessories |

|3.8 |Extra One wheeled garage jack with minimum capacity of 4 tons |

|3.9 |One “hooligan” bar and hammer required for emergency entry |

|3.10 |Extra First Aid Kit |

|3.11 |Heavy-duty electrical “jumper” cables |

|3.12 |One nylon snatch strap with reinforced loops at each end, minimum of 8m length with a minimum capacity of 4 tons |

|3.13 |Two large U-bolts of a minimum capacity of 2,5 tons |

|4.0 |Radio Equipment to be PRICED SEPARATELY |

|4.1 | Full Package Motorola VHF Radio Mobile Station DM4601 with all accessories and antenna, 255 Channel, 25W & Remote Mount Kit. The VHF antennae |

| |must be securely fitted to one of the front fenders of the vehicle, and not the roof. Magnetic mounting will not be accepted. |

|4.2 | Full Package Codan HF Radio Mobile Station, Codan Envoy HF Radio with all accessories (GPS enabled). The HF antennae should preferably be |

| |installed at the rear of the vehicle. |

|4.3 | Full Package Iridium Sat Phone Car Docking Station (handset not included) for handset Model 9555, or, Thuraya Vehicle Docking Station (Handset|

| |not included) for handset compatible model – Southern Hemisphere & External Mag Antenna, including charging-cradle, headset and external |

| |antennae, to be installed during the armoring process. |

|5.0 |OPTIONAL ACCESSORIES to be PRICED SEPARATELY |

| |Four cameras with resolution 1080 HD, with recording capacity up to 48 hrs (not less): |

| |One mounted in front with wide view of the front road; |

| |One mounted in the back with wide view of the rear; |

| |One with wide view, mounted in the front upper corner, above the windshield, in front of passenger seat with view of the passenger, driver and |

| |back seats; |

| |One mounted with view on the outside the driver’s window, i.e. to record anyone approaching the driver. |

| |A siren, intercom and public address system, of European manufacture, must be installed with switching and handset located in the front |

| |compartment in such a way as to enable equal ease of operation by both the driver and the front passenger who is usually a security officer and|

| |will usually operate this equipment. The siren should only provide one distinct acoustic sound; the variable type is not required. Equipment |

| |may not be installed in the glove box. |

| |GPS tracking system to track the movement of the AV. Not the satellite one, but the one operating under the local GSM network grid |

| | |

|6.0 |Delivery: |

| |•         EXW Manufacturing Plant |

| |•         Indicate export restrictions and how much time it takes Getting exportation license/permissions from the hosting authorities (if |

| |any). |

2. Corrupt, Fraudulent, and Coercive Practices

IOM requires that all IOM Staff, manufacturers, suppliers or distributors, observe the highest standard of ethics during the procurement and execution of all contracts. IOM shall reject any proposal put forward by Suppliers, or where applicable, terminate their contract, if it is determined that they have engaged in corrupt, fraudulent, collusive or coercive practices. In pursuance of this policy, IOM defines for purposes of this paragraph the terms set forth below as follows:

• Corrupt practice means the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence the action of the Procuring/Contracting Entity in the procurement process or in contract execution;

• Fraudulent practice is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, the Procuring/Contracting Entity in the procurement process or the execution of a contract, to obtain a financial gain or other benefit to avoid an obligation;

• Collusive practice is an undisclosed arrangement between two or more bidders designed to artificially alter the results of the tender procedure to obtain a financial gain or other benefit;

• Coercive practice is impairing or harming, or threatening to impair or harm, directly or indirectly, any participant in the tender process to influence improperly its activities in a procurement process, or affect the execution of a contract

3. Conflict of Interest

All Suppliers found to have conflicting interests shall be disqualified to participate in the procurement at hand. A Supplier may be considered to have conflicting interest under any of the circumstances set forth below:

• A Supplier has controlling shareholders in common with another Supplier;

• A Supplier receives or has received any direct or indirect subsidy from another Supplier;

• A Supplier has the same representative as that of another Supplier for purposes of this quotation;

• A Supplier has a relationship, directly or through third parties, that puts them in a position to have access to information about or influence on the Quotation of another or influence the decisions of the Mission/Procuring Entity regarding this quotation process;

• A Supplier submits more than one Quotation in this Quotation process;

• A Supplier who participated as a consultant in the preparation of the design or technical specifications of the Goods and related services that are subject of this quotation process.

4. Eligible Suppliers

Only Suppliers that are determined to be qualified shall be considered for award. The Supplier shall fill up and submit the standard IOM Vendor Information Sheet (VIS) (Annex E) to establish their eligibility together with the Quotation.

The Supplier must have at least 5 years in the sale or manufacture of armoured vehicles.

In addition to above criteria, the eligibility will be evaluated per below:

Eligibility Documents Pass/Fail

Presence or absence of the documents

As listed in Vendor Information Sheet (VIS)

5. Cost of Preparing the Quotation

The Supplier shall bear all costs associated with the preparation and submission of his Quotation and IOM will not in any case be responsible and liable for the costs incurred.

6. Errors, omissions, inaccuracies and clarifications

The documents and forms requested for the purpose of soliciting Quotations shall form part of the Contract; hence care should be taken in completing these documents.

Suppliers shall not be entitled to base any claims on errors, omissions, or inaccuracies made in the Quotation Documents.

Suppliers requiring any clarifications on the content of this document may notify the IOM in writing at email address fpu@iom.int.

Clarifications sent to other IOM email address will NOT be entertained.

IOM will respond to any request for clarification received during the period of 19 October 2017 until 27 October 2017, 1500HRS Manila Time. Copies of the response including description of the clarification will be given to all Suppliers who received this General Instruction, without identifying the source of the inquiry.

Any other clarification received after this date will no longer be entertained.

7. Confidentiality and Non-Disclosure

All information given in writing to or verbally shared with the Supplier in connection with this General Instruction is to be treated as strictly confidential. The Supplier shall not share or invoke such information to any third party without the prior written approval of IOM. This obligation shall continue after the procurement process has been completed whether or not the Supplier is successful.

8. IOM’s Right to Accept any Quotation and to Reject any and all Quotations

IOM reserves the right to accept or reject any Quotation, and to cancel the procurement process and reject all Quotations, at any time prior to award of contract, without thereby incurring any liability to the affected Supplier/s or any obligation to inform the affected Supplier/s of the ground for IOM’s action.

9. Requirements

1. Quotation Documents

The following shall constitute the Quotation Documents to be submitted by the Suppliers:

9.1.1 Technical Requirements Related to Quality (Annex A)

9.1.2 Technical Proposal Checklist Page (Annex B)

9.1.3 Technical Specifications (Annex C)

9.1.4 Financial Proposal/Price Schedule Form (Annex D)

9.1.5 Vendor Information Sheet (Annex E)

9.1.6 IOM Long Term Agreement Template (Annex F)

9.1.7 Proforma Bank Guarantee for Advance Payment (Annex G)

Suppliers are required to use the forms provided as Annexes in this document.

9.1a Suppliers are advised to read the specifications carefully (see Annex C), as there are some special requirements. The technical specifications presented herein are not to be construed as defining a particular manufacturer’s product. Vehicle offered must meet or exceed all requirements herein. It must conform in strength, quality and workmanship to the accepted standards of the relevant industry. Modifications of and/or additions to basic standard products of less size or capability to meet these requirements will not be acceptable.

9.2 Quotation Form

The Quotation Forms (Annex C and D) and other required documents shall be duly signed and accomplished and typewritten or written in indelible ink. Any correction made to the prices, rates or to any other information shall be rewritten in indelible ink and initialed by the person signing the Quotation Form.

9.3 Validity of Quotation Price

The Quotation shall remain valid for a minimum period of 45 calendar days, after the deadline for submission.

In exceptional circumstances, prior to expiry of the period of validity of quotations, IOM may request that the Suppliers extend the period of validity for a specified additional period. The request and the response thereto shall be made in writing. A supplier agreeing to the request will not be required or permitted to modify its quotation.

9.4 Documents Establishing Supplier’s Eligibility and Qualification

The Supplier shall furnish, as part of its Quotation, documents establishing the Supplier’s eligibility to submit Quotation and its qualifications to perform the contract if its Quotation is accepted. These include, but are not limited to the following:

1. That, Suppliers should submit with their quotation any information updating their original Vendor Information Sheet (VIS) or company profile on file or, alternatively, confirm in their bids that the originally submitted information remains essentially correct as of the date of bid submission

2. That, in the case of a Supplier offering to supply goods under the Contract which the supplier did not manufacture or otherwise produce, the Supplier shall submit the Manufacturer’s Authorization to demonstrate that it has been duly authorized by the vehicle manufacturer or producer to supply the goods in the country of final destination;

3. That, to the best of the Supplier ’s knowledge and signing declaration that supplier it is not included in the UN 1267 List or the UN Ineligibility List, nor in any and all of UN list of suspended and removed vendors

4. That, In the case of a Supplier not doing business within the Mission’s country, the Supplier is or will be (if awarded the contract) represented by an Agent in that country equipped, and be able to carry out the Supplier’s maintenance, repair and spare parts-stocking obligations prescribed in the Conditions of Contract and/or Technical Specifications.

10. Submission of Quotation Documents

Quotation should be sent via email to fpu@iom.int and attachments must not exceed 2MB per email and must be submitted on or before 13 November 2017, 2200HRS Manila Time. Late Quotations will not be accepted.

Quotation should include below forms:

a. Technical Proposal (Annex C)

b. Financial Proposal (Annex D)

10.1 Technical Proposal and Content

Refer to Annex A for the complete list of requirements

10.2 Financial Proposal and Content

The financial offer is to be submitted as per the Price Schedule Form (Annex D). Offers submitted using different price representation will not be accepted. The language of the Quotation shall be in English and prices shall be quoted in US Dollars or USD, exclusive of VAT.

Prices indicated on the Price Schedule shall be based on Incoterms 2010 indicated.

Prices quoted by the Supplier shall be fixed during Supplier performance of the Long Term Agreement and not subject to price escalation and variation on any account, unless otherwise approved by IOM. A submitted quotation with an adjustable price quotation will be treated as non responsive and will be rejected.

11. Opening of Quotations

At the indicated time and place, the opening of Quotations shall be carried out by IOM in the presence of the Contractors who wish to attend. IOM reserve the right to conduct opening of Quotations in public or not.

12. Acceptance of Quotations

IOM is not bound to take an immediate decision on the acceptability or unacceptability of Quotations at the time of their opening.

13. Rejection of Quotations

Quotation can be rejected for the following reasons:

(a) the Quotation is not presented in accordance with this General Instruction;

(b) the Quotation Form or any document which is part of the Quotation

Document is not signed;

(d) the Supplier is currently under list of blacklisted suppliers;

e) the Supplier offer imposes certain basic conditions unacceptable to IOM

IOM is not bound to accept any offer received and reserves the right to waive any minor defect in an offer, provided, however, that such minor defect (i) does

not modify the substance of the offer and (ii) does not change the relative ranking of the Suppliers.

14. Evaluation of Quotations

IOM shall evaluate and compare the Quotations on the basis of the following:

14.1 Technical Evaluation

(a) Technical Specifications Pass/Fail

Compliance/Non compliance

(b) Quality Requirements Pass/Fail

As described in Annex A

After completion of the Technical Proposal evaluation, IOM shall notify those Suppliers whose proposal were considered non responsive based on the above Technical Evaluation Criteria, indicating that their Financial Proposals shall be returned unopened after the completion of the selection process.

IOM shall simultaneously notify the Suppliers that have passed the Technical Evaluation.

14.2. Financial Evaluation

The Financial Proposal of Suppliers who passed the technical evaluation shall be opened. The Supplier with the lowest financial offer per region will be invited for negotiation.

Arithmetical errors will be corrected on the following basis. If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail, and the total price shall be corrected. If the Supplier does not accept the correction of the errors, its Quotation will be rejected. If there is a discrepancy between words and figures, the amount in words will prevail.

15. Award of Contract

The Supplier/s that has submitted the lowest EVALUATED Price and substantially responsive to the requirements of this General Instruction and who has been determined to be qualified to perform the contract shall be selected and awarded the contract.

A sample LTA Contract is attached as Annex F. IOM shall notify the selected Supplier/s through a Notice of Award. IOM shall also notify in writing, the other Suppliers who were not selected without disclosing the reason for rejection.

15.1 IOM reserves the right to award contract to one or more Suppliers depending on the location of the Supplier/s manufacturing plant in order to address delivery charges and transit time considerations by IOM Field Missions which are located in more than 200 locations worldwide.

16. Post Qualification and Quality Assurance

Prior to contract signature, post-qualification will be carried out by IOM to further determine the selected Supplier’s technical and financial capability to perform the contract. IOM shall verify and validate any documents/information submitted, and shall conduct reference check with other clients and ocular inspection of the office, plant and equipment, with or without notice to the supplier.

17. Inspection:

The Armoring Manufacturer, and the Supplier if two separate entities, to provide certification of agreement from full and unfettered access, and guaranteeing full cooperation and support, to IOM personnel and/or technical consultants duly appointed by IOM and acting on behalf of IOM, for the purpose of conducting various inspections, audits and quality checks to ensure that the vehicles to be provided under the Long Term Agreement (LTA) are fully certified and compliant with all the specifications contained within this RFQ .

These inspections and audits shall include, but not be limited to, the following:

17.1 Initial Technical Inspection

(at the premises of the armouring manufacturer):

To include but not limited to;

• Inspection of the vehicles, to be supplied under this RFQ, after completion of the first stage of armouring (no interior fitted) to ensure that the materials used comply fully with the necessary ballistic certification in accordance with the specified international CEN standards of level B6.

• Inspection of all welding to ensure that the correct standards have been applied and that heat stress factors have not adversely affected the quality of these materials used.

• Inspection of all mechanical modifications and upgrades to ensure that the systems, components and installations will fully comply with the specifications provided by IOM.

17.2 Final Technical Inspection

(at the premises of the armouring manufacturer):

To include but not limited to;

• Inspection of the vehicles prior to delivery ensuring that the completed vehicles comply fully with the specifications provided by IOM.

• Inspection and testing of all functions, controls and equipment ensuring proper operation as stipulated within the specifications provided by IOM.

• Conduct a test drive and quality inspection ensuring that the mechanical upgrades and modifications contained within the specification provided by IOM have been completed in full and that the required levels of safety, performance and operation of the components are met.

The Armoring Manufacturer, and the Supplier if two separate entities, to provide Certification of agreement that at their own costs at no additional charge to IOM, they will conduct any and all works, replacements, modifications and upgrades required to rectify or correct any mistakes in workmanship and/or non-compliance, of their own doing, with the specifications provided and contained in this RFQ.

If any, the cost for the two Technical Inspections, Initial and Final, as described above, will be borne by IOM. The costs for any additional inspections, over and above the Initial and Final Technical Inspections described above, resulting from any fault or non-compliance with the technical specification by the supplier and/or armouring manufacturer, will be borne by the Supplier and will be deducted from the final payment.

18. Delivery Site and Period of Delivery

The Incoterms for the Long Term Agreement will be ExWorks Supplier's Manufacturing Plant under Incoterms 2010.

Final Delivery Destination and delivery charges will be captured per Purchase Order (PO) issuance.

Final arrangement will be captured in the contract.

19. Liquidated Damages

If the Supplier fails to deliver any or all of the goods within the period specified in Clause 18 above, a penalty payment of 0.1% of the price of the undelivered goods for every day of breach of the delivery schedule by the Supplier will be requested. The Maximum number of days delayed is until 20 days only, with next course of action as Termination of contract.

20. Payment

Payment shall be made only upon IOM’s acceptance of the goods, and upon IOM’s receipt of invoice describing the goods delivered.

IOM may grant an advance payment equivalent to maximum of 10% of the Contract Amount upon submission of a claim and a Bank Guarantee for the equivalent amount valid until the goods are delivered and in the form provided in Annex G. The bank guarantee may be waived if the advanced amount is less than USD Five Thousand Dollars (USD5,000).

21. Warranty

Warranty shall be quoted based on the standard warranties provided by the manufacturer unless specified in the Technical Specifications of this General Instruction. A Warranty Certificate shall be provided by the Supplier.

22. Settlement of Dispute

The United Nations Commission on International Trade Law (UNCITRAL) arbitration rules will apply for any dispute, controversy or claim that will arise in relation to the procurement process.

Annex A - Technical Requirements related to Quality

1.0 Content of Technical Proposal

The detailed content of the Technical Proposal will be evaluated on non-discretionary PASS or FAIL rating through compliance to the following requirements:

1.1 Compliance to IOM technical specifications

1.2. Vendor’s Expertise and Qualifications

This section should provide description of the company and related information:

a. Management structure, technical qualifications and proof of financial stability;

b. Recommendation for satisfactory performance on similar nature project with United Nations and/or International Organizations. Provide three (3) client recommendation letters;

c. If Bidder is a manufacturer, submit Manufacturing capacity;

d. If Bidder is not the manufacturer valid authorization from the manufacturer.

1.3. Vendor’s understanding on the required methodology

This section should establish vendor’s understanding of the requirements and technical specifications by:

a. Identifying the processes how requirements will be met point by point;

b. Describing if the bid meets or exceeds the requirements, while ensuring suitability of the bid. Providing supporting documents such as Implementation Timetable, including Transportation and Delivery Schedule where needed, that is within the duration of the contract.

1.4. Schedule of Technical data

1.4.a Full technical data on the armoring methodology of opaque areas.

1.4.b Full technical data on the armoring methodology of transparent areas.

1.4 c. Full technical data and drawings on ballistic steel frames for all armored glazing indicating shields and splash Guards.

1.4.d Full technical data on the armoring methodology of the roof and floor areas

1.4.e Full technical data on the armoring methodology of the engine compartment area, including drawings where required.

1.4.f Full technical data on the armoring methodology for the fuel tanks, including drawings where required

1.4.g Full technical data and drawings on ballistic steel frames for all armored doors indicating shields and splash guards

1.4.h Suppliers must retain a 1m x 1m sample of the ballistic steel(s) used during the production of the vehicles for a period of 3 (Three) years. This is to be clearly marked, recorded and placed in storage, this may be necessary for independent testing in the event of an incident involving the vehicle to investigate any failure of the ballistic material(s) used.

1.5 Schedule of Required Certifications

1.5.a Valid certification, in the name of the armouring manufacturer, from a recognized government testing agency, that the vehicles to be provided under this RFQ are fully compliant with the European Committee for Standardization (CEN) VRG standards to Level 7 (VR7) VPAM BRV 2009 – DIN EN 1063, 1522 and 1523VRG, where a complete armoured vehicle of the same model and type as specified within this RFQ, shall have undergone a comprehensive destructive testing process from a recognized government testing agency, and shall have demonstrated the ability as a completed product to successfully defeat all threats defined in VPAM-BRV 2009 Guideline for VR7 Level

A copy of the test report (not older than 5 years) must be supplied with the bid and will be returned to the bidder after the evaluation of the bids. The vehicle that was tested should have been submitted for testing in complete driving condition with axles, wheels, engine, fuel tank, interior trim and seats.

1.5.b Valid certifications of road worthiness, TUV/MOT of EU standard or equivalent, for the specific vehicles to be provided under this specific RFQ

1.5.c Valid certification, in the name of the armouring manufacturer, from a recognized government testing agency, confirming that all armour plating and glazing used in the up-armour production of these specific vehicles, as required and supplied under this specific RFQ, fully comply with the European Committee for Standardization (CEN) VRG standards to Level 7 (VR7) VPAM BRV 2009 (VR7) - EN 1063 2000 Glazing EN 1522 1998 Opaque Armor EN 1523 1998 testing methods for ballistic protection.

1.5.d The explosive tests shall be in accordance with the VPAM ERV2010 and the VPAM guidelines or Standardization Agreement (STANAG) 4569.

Please note that the preferred agency should be the German National Ballistics Laboratory, known as the Beschussamt Mellrichstadt. , because it is the original publisher of the “B” system of armoring standards, others such as IABG will also be accepted.

1.6 Quality Management System

1.6.a Quality Certificate (ISO9001) including Quality Manual and Policy and other information describing the processes applied for the manufacturing of the armoured vehicle. If supplier is trader, it is mandatory that they submit the above information regarding each manufacturer.

1.6.b Environmental Compliance Certificates, Accreditations, Markings/Labels, and other evidences of the supplier’s practices which contributes to the ecological sustainability and reduction of adverse environmental impact (e.g., use of non-toxic substances, recycled raw materials, energy-efficient equipment, reduced carbon emission, etc.), either in its business practices or in the goods it manufactures

1.6.c Quality Assurance Mechanisms in place

Provide summary of quality assurance mechanism in place at each facility location where vehicles are manufactured to ensure consistency with the Technical Specifications (Annex B) including presence and characteristics of in-house Quality Control laboratory (if any).

1.7 Warranty/Guarantee

1.7.a Certification of agreement from the Armouring Manufacturer, and the Supplier if two separate entities, that the original Toyota mechanical and electrical warranties on the base vehicles will remain intact and valid after the armouring manufacture process , for a minimum period of 2 years (24 months) or 60,000km (Sixty Thousand Kilometers) whichever occurs first

1.7.b Certification of agreement from the Armouring Manufacturer, and the Supplier if two separate entities to provide a full warranty covering the entire up-armoring and modification conversion, including the braking and suspension systems and the dual-battery system, for a minimum period of 2 years (24 months) or 60,000km (Sixty Thousand Kilometers) whichever occurs first.

1.7.c Certification of agreement from the Armouring Manufacturer, and the Supplier if two separate entities, that the supplier must provide a full warranty for a minimum period of 2 years (24 months) or 60,000km (Sixty Thousand Kilometers) whichever occurs first. covering delaminating on all glazing to be supplied and included in the up-armoring and modification conversion of the specific vehicles to be provided as per this RFQ.

1.7.d Certification of agreement from the Armouring Manufacturer, and the Supplier if two separate entities, to provide a 5 year (60 months) anti-perforation corrosion warranty on the ballistic steel used in the up-armoring and modification conversion of the specific vehicles to be provided as per this RFQ.

1.7.e Certification of agreement from the Armouring Manufacturer, and the Supplier if two separate entities to provide detailed Dealer (Toyota), Operator and supplemental electrical wiring manuals for the specific vehicles to be supplied under this RFQ

1.7.f Certification of agreement from the Armouring Manufacturer, and the Supplier if two separate entities that full details of warranty claims procedure will be provided.

1.7.g Certification of agreement from the Armouring Manufacturer, and the Supplier if two separate entities that Service Unit will be provided when purchased unit is under repair within warranty period.

1.8 Additional Content

1.8.a Technical data sheet that includes information about fuel consumption rate per 100KM, and the emission rate. Apart from the actual manufacturer’s data on fuel economy, bidders are to indicate the third party organization where fuel economy tests for their vehicles has been carried out such as US EPA, FIA foundation or equivalent.

1.8.b Spare parts list with Part Number, Spare parts price list (Indicate

discount rates if any)

1.8.c After sales service such as:

- Training

- Spare Parts Availability

- Local Dealer / representative in the region certified to perform aftersales services

2.0 Technical Evaluation

2.1 The technical proposals of Supplier shall be evaluated based non-discretionary PASS or FAIL. Suppliers must PASS all criteria outlined per below table.

Technical Evaluation Table

|Criteria |Evaluation |

|Technical Specifications Form |Pass/Fail |

| |Pass/Fail |

|Vendor’s Expertise and Qualifications | |

|Vendor’s understanding on the required methodology |Pass/Fail |

| Schedule of Technical data |Pass/Fail |

|Schedule of Required Certifications |Pass/Fail |

|Quality Management System |Pass/Fail |

|Warranty/Guarantee |Pass/Fail |

2.2 After completion of the Technical Proposal evaluation, IOM shall notify those Suppliers whose proposal were considered non responsive based on the Technical Evaluation Table, indicating that their Financial Proposals shall not be opened for evaluation after the completion of the selection process.

2.3 IOM shall simultaneously notify the Suppliers that have passed the Technical

Evaluation.

ANNEX B - CHECKLIST FOR TECHNICAL PROPOSAL

|No. |Document |

| | |Submitted |

|1 |Technical Specifications Form |  |

|2 |Vendor’s Expertise and Qualifications | |

|3 |Vendor’s understanding on the required methodology |  |

|4 |Schedule of Technical data |  |

|5 |Schedule of Required Certifications |  |

|6 |Quality Management System |  |

|7 |Warranty/Guarantee |  |

TECHNICAL SPECIFICATIONS Annex C

| |

|Ref No. : ____________________ |

|Item No. : ____________________ |

|Item Description : ____________________ |

| |

|Manufacturer : ________________________________________________ |

|Origin : ________________________________________________ |

|Model : ________________________________________________ |

| | |

|IOM’S SPECIFICATIONS |BIDDER'S SPECIFICATIONS |

| |And indicate COMPLY or NOT COMPLY |

|2018 model, Brand New, 4x4, Middle-East or Tropical Version LHD Toyota GXR | |

|LC200, V8 | |

|Options: petrol or diesel engine 4.6L, with high altitude compensator, | |

|Options: automatic or manual transmission, white colored, | |

|and fully certified armouring level at VR7 with Ballistic Level options B6/B7 | |

|MOSS Accessories: | |

|(to be installed at the armoring factory) | |

| | |

|1. TJM Heavy Duty Front T15 Bull Bar (with HF/VHF Antenna Brackets) | |

|2. Warn Electric Winch(or equivalent brand) 12 volt fixed in the heady duty | |

|front bull bar (6 tons capacity) | |

|3. Driver Side Window Lifter | |

|4. Heavy Duty Jack (4,000kgs) | |

|5. Bulb Fuse Kit | |

|6. Steel Roof Rack | |

|7. 2nd Spare Wheel Incl. Runflat | |

|8. 2nd spare wheel holder on the roof rack | |

|9. 2 plastic jerry cans (20L) and two funnels with twin holders on the roof | |

|rack | |

|10. Wheel Wrench X-Type, 17,19,21 (13/16) 22mm | |

|11. Tow Rope (5,000kgs) 3M | |

|12. Blackhawk Sledgehammer | |

|13. Heavy Duty Jump Leads | |

|14. Winch Recovery Accessories in Storage Bag | |

|15. Replacement Rear Bumper Bar, Including Hi-Lift Jacking Points | |

|16. Ball type heavy duty tow bar with electrical socket | |

|17. Fog lamps, 2 x 55W with the bull bar | |

|18. Dashboard fitted blue flashing lights | |

|19. Strobe Lights Front mounted on Bull Bar | |

|20. Tail light kill switch | |

|21. Rear cargo area anchor points & elasticated net | |

|22. Yellow color spherical warning system different than ambulance and police | |

|vehicles | |

|23. Advanced First Aid Kit / trauma kit | |

|24. Two roadside warning triangles | |

|25. Belkins DC to AC power source | |

|26. Rechargeable torch light | |

|27. Essential Tool Kit (OEM tools) | |

|28. Shovel with Handle | |

|29. One handheld 1 kg fire extinguisher securely mounted in the front forward | |

|passenger foot-well (pictures to be included in submission) | |

|30. One hand held 1 kg fire extinguisher to be securely mounted (internally) | |

|to the right rear cargo door (pictures to be included in submission) | |

|Accessories, Tools and Spare Parts to be included for each vehicle: | |

| | |

|1. Dealer network manual | |

|2. Operator’s manual | |

|3. Electrical wiring manual | |

|4. Communication equipment manuals | |

|5. Keys one (1) plus two (2) spare | |

|6. Touch-up paint | |

|7. One air vehicle (bottle) jack to cope for additional weight of armour and | |

|wheel changing accessories 8. Extra wheeled garage jack with minimum capacity | |

|of 4 tons | |

|9. One “hooligan” bar and hammer required for emergency entry | |

|10. Extra First Aid Kit | |

|11. Heavy-duty electrical “jumper” cables | |

|12. One nylon snatch strap with reinforced loops at each end, minimum of 8m | |

|length with a minimum capacity of 4 tons | |

|13. Two large U-bolts of a minimum capacity of 2,5 tons | |

|Radio Equipment: | |

| | |

|Radios and communications systems | |

|Installation options: | |

|1. Can be installed during armouring process | |

|2. Can be shipped out separately and only pre wiring installation will be | |

|required. | |

| | |

|Final instruction will be captured per Purchase Order. | |

| | |

|The radio and sat phone communications equipment must be positioned in the | |

|front compartment in such a way as to enable equal ease of operation by both | |

|the driver and the front passenger (the space between the driver and passenger| |

|seat may be utilized but changing of channels and operation of equipment must | |

|be possible without stopping the vehicle). | |

|All wiring must be run through pre-installed conduit tubing so as to | |

|facilitate the ease of any post-manufacture replacement and/or maintenance of | |

|wiring and equipment. Wiring must be incorporated in the certified armoring | |

|design and manufacture in order to prevent the creation of gaps in the armor | |

|during the installation of the equipment. Manuals must be provided for the | |

|radios and Thuraya communications equipment. Equipment should not be installed| |

|in the glove box. Items are: | |

| | |

|Full Package Motorola VHF Radio Mobile Station DM4601 with all accessories and| |

|antenna, 255 Channel, 25W & Remote Mount Kit. The VHF antennae must be | |

|securely fitted to one of the front fenders of the vehicle, and not the roof. | |

|Magnetic mounting will not be accepted. | |

|Full Package Codan HF Radio Mobile Station, Codan Envoy HF Radio with all | |

|accessories (GPS enabled). The HF antennae should preferably be installed at | |

|the rear of the vehicle. | |

|Full Package Iridium Sat Phone Car Docking Station (handset not included) for | |

|handset Model 9555, or, Thuraya Vehicle Docking Station (Handset not included)| |

|for handset compatible model – Southern Hemisphere & External Mag Antenna, | |

|including charging-cradle, headset and external antennae, to be installed | |

|during the armoring process. | |

|OPTIONAL ACCESSORIES | |

| | |

|Four cameras with resolution 1080 HD, with recording capacity up to 48 hrs | |

|(not less): | |

|One mounted in front with wide view of the front road; | |

|One mounted in the back with wide view of the rear; | |

|One with wide view, mounted in the front upper corner, above the windshield, | |

|in front of passenger seat with view of the passenger, driver and back seats; | |

|One mounted with view on the outside the driver’s window, i.e. to record | |

|anyone approaching the driver. | |

|A siren, intercom and public address system, of European manufacture, must be | |

|installed with switching and handset located in the front compartment in such | |

|a way as to enable equal ease of operation by both the driver and the front | |

|passenger who is usually a security officer and will usually operate this | |

|equipment. The siren should only provide one distinct acoustic sound; the | |

|variable type is not required. Equipment may not be installed in the glove | |

|box. | |

|GPS tracking system to track the movement of the AV. Not the satellite one, | |

|but the one operating under the local GSM network grid | |

|Other options can be included and priced separately. | |

| |BIDDER'S SPECIFICATIONS |

|Other IOM Requirements: |And indicate COMPLY or NOT COMPLY or BETTER OFFER (indicate the |

| |alternative offer) |

|1. The back compartment: the back armored wall shall be installed at the very | |

|end of the vehicle allowing to include two (2) additional protected back seats| |

|behind the main back seat. | |

|2. Smooth and professional finishing. | |

|3. No rough edged shall be left not properly finishing especially for the | |

|steel works. | |

|4. Steel frame on the front windshield should be protected by a rubber covers | |

|to avoid being rust also to avoid injuring hands. | |

|5. The towing hook at the rear bumper shall be from the closed type (not the | |

|open type). | |

|6. A rear power source shall be installed to light up the towed compartment. | |

|7. A full welded metal front bull bar (not nickel and/or any fragile material)| |

|shall be also extended to cover the front lights as well (not only the middle | |

|part of the engine). | |

|8. The back armored door (bulk head door) shall have a latch from inside to | |

|prevent access to the AV from outside. | |

|9. The engine compartment shall be properly sealed with some metal or Kevlar | |

|material through the hood (hood protection). The hood has a proper locking | |

|system that will prevent it from flying out to block driver view. | |

|10. Engine bay fire system should be installed. | |

|Base Vehicle Specifications And Upgrades: | |

|The vehicle should be designed for simplicity, and must be mechanically and | |

|electronically simple to maintain without special diagnostic tools. | |

|Ignition System: the electronic push-button electronic ignition system must be| |

|replaced with a key-operated ignition system. | |

|Cooling System: An auxiliary engine oil cooler must be installed, and an | |

|additional radiator fan must be installed (depending on the geographical | |

|location and conditions). | |

|Braking System: the standard original brake fluid pipes must be replaced with | |

|(steel braided) high-performance tubing to sustain additional fluid pressures.| |

|The standard original OE brake fluid must be replaced with high-performance | |

|brake fluid to minimum specification of DOT 5.1 (Proof of compliance will be | |

|required). The standard original front brake disc systems must be replaced | |

|with high-performance disc brake system incorporating a 6-piston caliper | |

|system, dual-ventilated high-performance type brake discs that are at least | |

|40% larger than the OE discs, and high-performance brake disc pads such as | |

|that manufactured by AP Racing or Alcon, or similar. The standard original | |

|rear brake disc systems must be replaced with high-performance disc brake | |

|system incorporating a 4-piston caliper system, high-performance type brake | |

|discs that are at least 40% larger than the OE discs and high-performance | |

|brake disc pads such as manufactured by AP Racing or Alcon or similar. Bidders| |

|are required to provide technical specifications on the entire braking systems| |

|to be installed on the specific vehicles to be supplied in terms of this RFQ | |

|Fuel Tanks: combined total fuel tank capacity of at least 90-litre is | |

|required. The original fuel tanks must be replaced with EXPLOSAFE type tanks | |

|(certification to be provided). All fuel tanks and fuel pipes must be | |

|protected with armour steel to a minimum of Level B6. Bidders are required to | |

|provide technical specifications on the upgraded fuel tank systems to be | |

|installed on the specific vehicles to be supplied in terms of this RFQ. | |

|Central Locking: the driver must be able to lock all doors internally and | |

|centrally without stopping. Remote locking is not standard requirement under | |

|this specification but at the minimum a key-operated central locking from the | |

|driver’s door must be provided, i.e. when the driver’s door is locked | |

|externally all doors are simultaneously locked. Child security locks on the | |

|rear doors are required. | |

|Seats and Interior Upholstery: both front seats must be “single” seats, if the| |

|base vehicle is provided with front passenger bench-type seat this must be | |

|removed and replaced with a single seat of the same dimensions as the driver’s| |

|seat (pictures to be included in submission). Seat belts must be provided and | |

|must be long enough to accommodate a Large to Extra-Large person wearing a | |

|ballistic vest. The standard rear type bench seat with seat belts for two | |

|passengers is to be retained. The interior upholstery must be of a heavy-duty,| |

|durable and washable fabric (not plastic or vinyl), to match the colour of the| |

|dashboard, and must offer some degree of burn resistance and be of semi-luxury| |

|quality. The floor of the entire vehicle must be covered in a durable and | |

|washable rubber matting (not carpeting). The floor must retain the standard | |

|vehicles insulation against road-noise, heat and cold. Bidders are required to| |

|provide specifications on the interior upholstery to be installed on the | |

|specific vehicles to be supplied in terms of this RFQ. | |

|HVAC System: the original heating, ventilation and air-conditioning (HVAC) | |

|system must be upgraded to compensate for the extremely hot climates where | |

|summer temperatures reach in excess of 40°C. The HVAC system must provide | |

|variable controlled ducting and ventilation for both front and rear passenger | |

|compartments. The HVAC system must include upgraded compressors, condensers | |

|and evaporators. Bidders are required to provide technical specifications of | |

|the heavy duty and upgraded air-conditioning system required to be installed | |

|on the specific vehicles to be supplied in terms of this RFQ. | |

|Wheels, Tyres, and Run-Flat Assemblies: all wheel rims, including the two | |

|spare wheels, supplied with the vehicles must be of steel construction | |

|certified according to TUV/MOT type recommendations and legal requirements to | |

|carry the additional weight of the armouring (alloy rims will not be | |

|accepted). All six wheels must be fitted with heavy-duty all terrain tyres, | |

|similar to BF Goodrich All Terrain, each tyre rated to a minimum payload of | |

|1,350 kg @80psi. All six wheels must be fitted with run-flat systems rated at | |

|50km at a speed of 80 km/h run-flat capability supplied by either Hutchinson | |

|or Runflat International. No other type will be accepted. Bidders are required| |

|to provide technical specifications on the steel rims, the run-flat systems | |

|and the tyres to be installed on the specific vehicles to be supplied in terms| |

|of this RFQ. Suppliers are to label the recommended tyre pressures both Bar | |

|and PSI for the supplier’s vehicles on the inside of the fuel filler cover. | |

|Doors and Door Hinges: all standard door hinges on all doors must be removed | |

|and replaced with engineered-for-purpose heavy-duty type hinges capable of | |

|sustained functioning of the heavier armored doors. All four passenger doors | |

|must be fitted with gas springs to assist with ease of opening and closing, | |

|and to prevent slamming when closing. All door pillars must be armored and | |

|specially reinforced to prevent distortion caused by the additional weight of | |

|the doors. All door hinges must directly connect the armouring steel in the | |

|doors to the armouring steel in the pillars; no weight may be carried by the | |

|standard sheet steel of the base vehicle. Door check straps must be fitted to | |

|all doors to prevent doors from reaching full articulation. All internal door | |

|panels (6 doors) must be fitted with reinforced robust grab handles adequately| |

|secured to enable sustained opening and closing of the heavier armored doors. | |

|All doors (5 doors) must be fitted with manual “Battle Lock” deadbolts. | |

|Bidders are required to provide technical specifications on heavy-duty door | |

|hinge systems and the reinforcement of the door pillars to be installed on the| |

|specific vehicles to be supplied in terms of this RFQ. | |

|Suspension System: The standard original suspension system must be completely | |

|replaced with an engineered-for-purpose high performance suspension system | |

|providing constant loading. Only Bilstein and/or Eibach components will be | |

|accepted. Off-the-shelf suspension system components providing temporary | |

|loading, such as those manufactured for heavy-duty off-road use, will not be | |

|accepted. Upgraded steering dampers, front and rear shock absorbers from a | |

|high quality manufacturer of sufficient design to prevent fluid from boiling, | |

|front and rear springs as well as the front and rear anti-roll bars (of a | |

|minimum diameter of 32mm) must be installed. Only Bilstein and/or Eibach | |

|components will be accepted. Suspension turrets and anchoring points must all | |

|be strengthened and reinforced to enable the additional load. Bidders are | |

|required to provide complete technical specifications on the heavy-duty | |

|engineered-for-purpose suspension systems, and the reinforced suspension | |

|turrets and anchoring points, to be installed on the specific vehicles to be | |

|supplied as per this specific RFQ. Bidders are required to provide independent| |

|certification that the suspension is sufficient for the additional weight of | |

|the specific vehicle offered and not just certified as heavier duty. | |

|Steering: upgraded steering dampers, from a high quality manufacturer such as | |

|Bilstein must be installed. | |

|Bumpers and Side-Step Rails: the original front and rear standard bumpers must| |

|be replaced with black heavy-duty wrap-around steel bumpers/bull bar, such as | |

|those manufactured by ARB (specify specific model) or similar, to the front | |

|and rear. (Steel tube for the rear bumper will not be accepted). The rear | |

|steel bumper must include a towing hook with spring loaded closer/retainer. | |

|The front bumpers must include two reinforced towing points, one right and one| |

|left, for the attachment of shackles and towing straps. The heavy duty steel | |

|bumpers (front and rear) and the towing hook are to be securely fixed with | |

|tungsten steel bolts to ensure secure towing of the heavier vehicles under | |

|situations of duress. Black steel side-step rails, as manufactured by ARB | |

|(specify) or similar, must be fitted to both sides of the vehicles. Winches | |

|must not be provided as standard; unless specifically requested. Bidders are | |

|required to provide technical specifications and photographs of the front and | |

|rear bumpers to be fitted as well as the fixing specifications. | |

|Roof Rack: the vehicle must be fitted with a black steel roof rack, such as | |

|those manufactured by ARB or similar. The roof rack is to be modified to | |

|include secure but quick-release restraints for the spare wheel and the jack. | |

|Two steel steps must be positioned on the right rear side of the vehicle to | |

|facilitate access to the roof rack. Bidders are required to provide technical | |

|specifications and photographs of the roof racks to be fitted as well as the | |

|fixing specifications. | |

|Spare Wheel Mounts: one spare wheel is to be mounted underneath the rear of | |

|the vehicle (as is standard) and one on the roof rack. Spare wheels should not| |

|be mounted to the rear of the vehicle impeding the opening of the rear cargo | |

|doors. The second spare wheel is to be mounted on the roof rack, and is to be | |

|secured with quick-release, but lockable, restraints. Bidders are required to | |

|provide technical specifications and photographs of the spare wheel swing-out | |

|bracket to be fitted as well as the fixing specifications. | |

|Clutch: the original standard clutch assembly (clutch plate, pressure plate | |

|and release bearing) must be replaced with a complete heavy-duty | |

|high-performance clutch assembly specifically designed and engineered to | |

|function for sustained periods under extreme conditions and to cope with the | |

|additional loading factors resulting from the additional weight of the | |

|armouring. Bidders are required to provide technical specifications on | |

|heavy-duty clutch assembly to be installed on the specific vehicles to be | |

|supplied in terms of this RFQ. Bidders are required to provide dynamometer | |

|test results of the vehicle after armouring with a minimum full power test | |

|period of 10 minutes. | |

|Lights: all standard original lights, including the interior cabin lights, on | |

|the vehicles will be required to function as normal after the armouring | |

|modification and conversion has been completed. Dual blue strobe lights, of | |

|European manufacture, must be installed in the front radiator grille and at | |

|the rear of the vehicle. The front and rear strobe lights must have | |

|independent switches (one for front and one for rear) located in the front | |

|compartment in such a way as to enable equal ease of operation by both the | |

|driver and the front passenger who is usually a security officer and will | |

|usually operate this equipment. The vehicle must be fitted with fog/sandstorm | |

|lights with one switch located in the front compartment in such a way as to | |

|enable equal ease of operation by both the driver and the front passenger. The| |

|vehicle must be fitted with an additional interactive “kill switch” that will | |

|enable all vehicle lights to switched off and must be fitted in such a way as | |

|to enable equal ease of operation by both the driver and the front passenger. | |

|Batteries and Electrical: all vehicles provided under this RFQ must be fitted | |

|with a dual or auxiliary battery system, managed by an intelligent split | |

|charging system, with additional battery status monitoring dials mounted on | |

|the dashboard as required. An electrical power cut-off or isolation switch is | |

|to be installed in the engine compartment enabling the batteries to be | |

|isolated when the vehicle is not in use so as to avoid power drainage. The | |

|original standard batteries must be removed and all batteries supplied and | |

|installed must be the leak resistant Optima “gel” type to reduce the potential| |

|for acid spray. The vehicles must be fitted with front a rear wipers, water | |

|sprayers and defoggers which must function as normal after the armouring | |

|modification and conversion has been completed. The vehicles are to be | |

|provided with the standard Toyota sound system incorporating a front-loading | |

|CD player (cassette players will not be accepted). The selected supplier will | |

|be required to provide a complete electrical manual depicting all | |

|modifications to the original standard electrical wiring systems and must | |

|provide complete circuit/wiring diagrams. | |

|Protected Tailpipe: The tailpipe must be protected against the insertion of | |

|any foreign object. | |

|Rear-View and Side Mirrors: Standard left and right side mirrors must be | |

|adjustable from inside the vehicle. A secondary rear-view mirror must be | |

|installed, alongside or above the OE internal rear-view mirror, for the front | |

|passenger who is usually a security officer. | |

|Sump and Steering Protection: Steel protection plates must be installed to | |

|protect the underside of the engine and steering components in the event the | |

|vehicle crosses a central lane divider or extremely rough ground. These must | |

|be easily removable for the purposes of vehicle maintenance. Bidders are | |

|required to provide technical specifications on the engineered sump and | |

|steering protection systems to be installed on the specific vehicles to be | |

|supplied in terms of this RFQ. | |

|ARMOURING SPECIFICATIONS AND UPGRADES | |

|The passenger cabin should be well protected according to minimum protection | |

|level B6 including all sidewalls, doors, pillars, roof, floor, front, | |

|bulkhead, and rear door. | |

| | |

|Edges and seams are armored by utilizing an overlap design system which | |

|minimizes gaps and preventing penetration. | |

| | |

|The ballistic steel panels are covered with cathodic dip painting before | |

|installation. | |

| | |

|There is no armoured bulkhead with ballistic glass as separation between | |

|passenger cabin and cargo compartment (fully armored vehicle – front to rear).| |

| | |

|The vehicle resembles a normal civilian low profile vehicle – meaning that the| |

|vehicle is nearly visually identical to a standard vehicle. Therefore, | |

|unwanted attention while travelling is avoided. | |

| | |

|Materials: | |

|All armouring materials used in the armouring process such as steel, aramid | |

|and glass shall have undergone a thorough destructive testing process from a | |

|recognized government testing agency, and shall have demonstrated the ability | |

|as a completed product to successfully defeat all threats defined in: | |

| | |

|VPAM-BRV 2009 Guideline for VR7 Level | |

| | |

|Opaque Areas: | |

|All opaque areas, including the roof, are to be protected with steel plating | |

|against soft core projectiles fired with the following and all lesser weapons | |

|at 90 degree and 45 degree (roof) impact angle. | |

|5.56 X 45mm (SS 109) | |

|5.45 X 39mm Kalashnikov | |

|7.62 X 51mm (NATO) ball | |

|7.62 X 39mm Kalashnikov ball | |

|A minimum of 2 X DM51 hand grenades detonated simultaneously directly on top | |

|and underneath the vehicle | |

| | |

|Transparent Areas: | |

|All transparent areas are to be protected against projectiles fired with the | |

|following and all lesser weapons at 90 degree impact angle; | |

|Calibre 7.62 x 39 mm, FJ/PB/SC, AK 47 (Kalashnikov) OBR-43 PS | |

|Calibre 5.45 x 39.5 mm AP, FJ/PB/SCP, AKS 74 (Kalashnikov) OBR-74 | |

|Calibre 5.56 x 45 mm, FJ/PB/SCP, US Rifle M16 A2, SS-109 / M-8555 | |

|Calibre 7.62 X 51 MM, FJ/PB/SC, “FAL” / “LAR” NATO Rifle | |

| | |

|All ballistic glass must be installed in a ballistic steel frame to ensure | |

|that angled shots cannot penetrate through the sides of the glass. | |

| | |

|All ballistic glass must have zero tinting. | |

| | |

|The driver’s door window must be fitted with a window lifter & lock system to | |

|allow opening of at least 10cm. | |

| | |

|Floor: | |

|The floor of the vehicle is to be designed in such a way that it will defeat | |

|at least two DM 51 hand grenades detonated simultaneously per square meter and| |

|all lesser explosives in full compliance with the European Committee for | |

|Standardization (CEN) VRG standards to VPAM-BRV 2009 Guideline for VR7 Level, | |

|ballistic level options B6/B7, as certified by a recognized government testing| |

|agency. | |

| | |

|Bolted on under-floor plates will not be acceptable. | |

| | |

|Engine Compartment: | |

|Both batteries are to be protected within steel armoured boxes within the | |

|engine compartment against projectiles and splinters. Armoured boxes must be | |

|easily removed for maintenance or transportation. | |

| | |

|The vehicle management system, including fuse boxes, which controls essential | |

|electrical vehicle functions, must be protected with armoured steel to level | |

|B6 or B7 to protect it against splinters and fragmentation. | |

|The vehicle must be fitted with an Emergency Fire Suppression System. The | |

|5.0liter bottle of Aqueous Film Forming Foam must be located and adequately | |

|secured in the luggage compartment. In the event of a fire in the engine area,| |

|the suppressant system is to be controlled by pressing a switch on the vehicle| |

|control panel operated with equal ease by either the driver or the front | |

|passenger who is usually a security officer and will usually operate this | |

|equipment. | |

| | |

|Full length armoured steel to the level of options B6 or B7 ballistic | |

|certification is to be mounted on both sides of the engine compartment behind | |

|the vehicle wings protecting the engine compartment. | |

| | |

|An armoured grille, to the level B6 or B7, must be installed to provide | |

|protection to the radiator and engine from frontal attack. Construction of | |

|such a grille may not inhibit the cooling capacity of radiator, or the air | |

|intake capacity of the HVAC system. | |

| | |

|The dashboard, bulk head, firewall and openings for normal vehicle functions | |

|such as steering column, foot pedals and other controls, must all be protected| |

|by ballistic steel to level options B6 or B7. | |

| | |

|Protected Fuel Tanks: | |

|All fuel tanks (including diesel) must be fully armoured using blast steel to | |

|combat ballistic and fragmentation attacks. | |

| | |

|Aramid armour or blast mats may not be used. | |

| | |

|All fuel tanks (including diesel vehicles) fitted to vehicles must be of the | |

|EXPLOSAFE type. | |

| | |

|Fuel line hoses must also be protected against blast and projectiles. | |

| | |

|Door Apertures: | |

|Each and every door aperture must have a ballistic steel overlap and splash | |

|return around the entire door aperture, through 360° of the aperture, to | |

|prevent any ballistic leakage and also to keep the armoured door in place in | |

|the event of a large side blast. | |

| | |

|Cross sectional drawings through pillars, can trails and sills for all door | |

|installations, must be provided by the bidder. | |

| | |

|Roof Escape Hatch: | |

|A ballistic steel roof hatch, to a minimum level-B6 or B7, must be installed | |

|with access from both inside and outside the vehicle by means of a locking | |

|lever carried in each vehicle. | |

| | |

|The locking lever of the escape hatch is to be spring mounted allowing the | |

|escape of gasses and the shockwave usually generated by an IED or similar | |

|explosive device. | |

| | |

|The aperture of the roof escape hatch must also be fitted with ballistic steel| |

|overlap and splash returns around the entire opening. | |

| | |

|The aperture of the escape hatch must be large enough to allow unhindered | |

|passage during escape by a Large to Extra-Large person wearing a ballistic | |

|vest. | |

| | |

|The profile of the escape hatch above the roof profile must be kept to a | |

|minimum. | |

|ITEM NO. |ITEM DESCRIPTION |COUNTRY OF ORIGIN |QUANTITY |UNIT |ExW PRICE |TOTAL PRICE |DELIVERY SCHEDULE |

| | | | | | | |including period of base vehicle acquisition, |

| | | | | | | |IOM initial inspection, |

| | | | | | | |armoring, installation of accessories, |

| | | | | | | |IOM final inspection |

| | | | | | | |processing of export licenses |

|1 |Offered Vehicle | | | | | | |

| |per Annex B | | | | | | |

|2 |Price of Each MOSS and other Accessories | | | | | | |

|3 |Price of Telecommunication Equipment | | | | | | |

|4 |Spare Parts List and Price (indicate discount | | | | | | |

| |rate if any) | | | | | | |

| TOTAL |  | |  | | | | |

Annex D

PRICE SCHEDULE FORM

PROJECT TITLE : Supply and Delivery of Armored Vehicles to IOM Under Long Term Agreement for One (1) Year

REF NO. : RFQ2017.033.LTA.IOM

Note: We require prices for all options. Vendor may offer one or all options in terms of transmission (Manual/Automatic), engine type(Diesel/Petrol) and ballistic level (B6/B7)

________________________________________

Suppliers authorized signature over printed name

Annex E

VENDORS INFORMATION SHEET (VIS)

Name of the Company __________________________________________________________

Address Leased Owned Area: _______sqm

House No _____________________________________________________

Street Name _____________________________________________________

Postal Code _____________________________________________________

City _____________________________________________________

Region _____________________________________________________

Country _____________________________________________________

Contact Numbers/Address

Telephone Nos. __________________ Contact Person: ___________________

Fax No. ____________________

E mail Address ____________________ Website: ___________________

Location of Plant/Warehouse Leased Owned Area: ______sqm

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

Business Organization Corporation Partnership Sole Proprietorship

Business License No.: __________ Place/Date Issued:_________ Expiry Date ________

No. of Personnel ___________ Regular ___________ Contractual/Casual ____________

Nature of Business/Trade

Manufacturer Authorized Dealer Information Services

Wholesaler Retailer Computer Hardware

Trader Importer Service Bureau

Site Development/ Consultancy Others ____________

Construction __________________

Number of Years in business: _________

Complete Products & Services

__________________________________________________________________

__________________________________________________________________

Payment Details

Payment Method Cash Check Bank Transfer Others

Currency Loc.Currency USD EUR Others

Terms of Payment 30 days 15 days 7 days upon receipt of invoice

Advance Payment Yes No % of the Total PO/Contract

Bank Details:

Bank Name ________________________________________________

Bldg and Street ________________________________________________

City ________________________________________________

Country ________________________________________________

Postal Code ________________________________________________

Country ________________________________________________

Bank Account Name ________________________________________________

Bank Account No. ________________________________________________

Swift Code ________________________________________________

Iban Number ________________________________________________

Key Personnel & Contacts (Authorized to sign and accept PO/Contracts & other commercial documents)

Name Title/Position Signature

_______________________ _______________________ _______________________

_______________________ _______________________ _______________________

_______________________ _______________________ _______________________

_______________________ _______________________ _______________________

Companies with whom you have been dealing for the past two years with approximate value in US Dollars:

Company Name Business Value Contact Person/Tel. No.

_______________________ _______________________ _______________________

_______________________ _______________________ _______________________

_______________________ _______________________ _______________________

_______________________ _______________________ _______________________

Have you ever provided products and/or services to any mission/office of IOM?

Yes No

If yes, list the department and name of the personnel to whom you provided such goods and/or services.

Name of Person Mission/Office Items Purchased

_______________________ _______________________ _______________________

_______________________ _______________________ _______________________

_______________________ _______________________ _______________________

_______________________ _______________________ _______________________

Do you have any relative who worked with us at one time or another, or are presently employed with IOM? If yes, kindly state name and relationship.

_______________________ _______________________ _______________________

_______________________ _______________________ _______________________

_______________________ _______________________ _______________________

_______________________ _______________________ _______________________

Trade Reference

Company Contact Person Contact Number

_______________________ _______________________ _______________________

_______________________ _______________________ _______________________

_______________________ _______________________ _______________________

_______________________ _______________________ _______________________

Banking Reference

Bank Contact Person Contact Number

_______________________ _______________________ _______________________

_______________________ _______________________ _______________________

_______________________ _______________________ _______________________

_______________________ _______________________ _______________________

REQUIREMENTS CHECK LIST

Please submit the following documents together with the Information Sheet:

|No. |Document |For IOM use only |

| | |Submitted |Not Applicable |

|1 |Company Profile (including the names of owners, key officers, technical personnel)|  |  |

|2 |Company's Articles of Incorporation, Partnership or Corporation, whichever is |  |  |

| |applicable, including amendments thereto, if any. | | |

|3 |Certificate of Registration from host country's Security & Exchange Commission or |  |  |

| |similar government agency/department/ministry | | |

|4 |Valid Government Permits/Licenses |  |  |

|5 |Audited Financial Statements for the last 3 years* |  |  |

|6 |Certificates from the Principals (e.g. Manufacturer's Authorization, Certificate |  |  |

| |of Exclusive Distributorship, Any certificate for the purpose, indicating name, | | |

| |complete address and contact details) | | |

|7 |Catalogues/Brochures |  |  |

|8 |List of Plants/Warehouse/Service Facilities |  |  |

|9 |List of Offices/Distribution Centers/Service Centers |  |  |

|10 |Quality and Safety Standard Document / ISO 9001 |  |  |

|11 |List of all contracts entered into for the last 3 years (indicate whether |  |  |

| |completed or ongoing ) * | | |

|12 |Certification that Non-performance of contract did not occur within the last 3 |  |  |

| |years prior to application for evaluation based on all information on fully | | |

| |settled disputes or litigation | | |

|13 |For Construction Projects: List of machines & equipment (include brand, capacity |  |  |

| |and indication if the equipment are owned or leased by the Contractor) | | |

* For Competitive Biddings, number of years may increase depending on the estimated contract amount.

** Indicate if an item is not applicable. Failure to provide any of the documents mentioned above will result in automatic "failed" rating.

I hereby certify that the information above are true and correct. I am also authorizing IOM to validate all claims with concerned authorities.

Received by:

_______________________ _______________________

Signature Signature

_______________________ _______________________

Printed Name Printed Name

_______________________ ______________________

Position/Title Position/Title

_______________________ _______________________

Date Date

__________________________FOR IOM USE ONLY_________________________

Purchasing Organization ___________________

Account Group ___________________

Industry 001 002 003

where 001 - Transportation related to movement of migrants

002 - Goods (e.g. supplies, materials, tools)

003 - Services (e.g. professional services, consultancy, maintenance)

Vendor Type Global Local

ANNEX F

|IOM office-specific Ref. No.: | |

|IOM Project Code: | |

|LEG Approval Code / Checklist Code | |

AGREEMENT FOR THE RECURRING SUPPLY AND DELIVERY OF GOODS

Between

The International Organization for Migration

And

[Name of the Other Party]

This Agreement for the Supply and Delivery of Goods (the “Agreement”) is entered into by the International Organization for Migration (“IOM”) of [insert address] represented by [insert Name, Title of Chief of Mission], hereinafter referred to as “IOM,” and [Name of the Supplier] of [insert address], represented by [insert Name, Title of the representative of the Supplier], hereinafter referred to as the the “Supplier” on [insert date]. IOM and the Supplier are also hereinafter referred to individually as a “Party” and collectively as the “Parties.”

1. Introduction and Integral Documents

1. The Supplier agrees to provide IOM with [insert description of goods] upon request by IOM in accordance with the terms and conditions of this Agreement and its Annexes, if any, from [starting date] to [end date].

2. The following documents form an integral part of this Agreement: [add or delete as required]

a) Annex A - Bid/Quotation Form;

b) Annex B - Price Schedule;

c) Annex C - Technical Specifications;

d) Annex D – Sample Purchase Order

e) Annex E - Accepted Notice of Award (NOA); and

f) Annex F - Performance Security.

g) Annex G - RFQ Documents.

Goods/Services Supplied

2.1. The Supplier agrees to supply the Goods to IOM when requested by Purchase Order (sample attached as Annex D) in the amounts outlined therein in strict accordance with the specifications, and at the price stated for each item in the Price Schedule in Annex B, in accordance with the Technical Specifications outlined in Annex C and in line with the delivery schedule outlined by each Purchase Order.

2.2 IOM doesn’t warrant that any quantity of Goods will be purchased during the term of this Agreement.

2.3 In the event of any advantageous technical changes and/or downward pricing of the Supplies during the duration of this Agreement, the Supplier shall notify IOM immediately. IOM shall consider the impact of any such event and may request an Amendment to the Agreement.

2.4 The Supplier agrees to supply the following incidental services (the “Incidental Services”): [add or delete as required]

a) Performance or supervision of on-site assembly and/or start-up of the supplied Goods;

b) Furnishing of tools required for assembly and/or maintenance of the supplied Goods;

c) Furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied Goods;

d) Performance, supervision, maintenance and/or repair of the supplied Goods, for a period of time agreed by the Parties, provided that this service shall not relieve the Supplier of any warranty obligations under this Contract; and

e) Training of IOM’s personnel, at the Supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied Goods.

2.5 Nothing in this Agreement shall be interpreted as creating an exclusive relationship between the Parties for the supply and delivery of Goods.

2.6 The terms and conditions of this Agreement shall apply to all Purchase Orders issued under this Agreement. In case of discrepancy between the terms and conditions of the Purchase Order and the terms and conditions outlined in this Agreement, the terms and conditions outlined in this Agreement prevail.

2.7 The Supplier shall keep all items outlined in Annex B in stock in sufficient quantities at all times. If the stock of the Supplier is temporarily depleted, the Supplier shall inform IOM in writing when said items are expected to be back in stock.

3. Charges and Payment

3.1 The total price for each supply and delivery of Goods and any Incidental Services under this Agreement is determined by each Purchase Order in accordance with the Price List in Annex B (the “Price”).

3.2 The Supplier shall invoice IOM upon completion of each delivery in accordance with this Agreement and the relevant Purchase Order. Payment shall become due 30 (thirty) calendar days after acceptance by IOM of the Goods.

3.3 The invoice for each delivery will be accompanied by the following documents: air way bill number, shipping invoice, packing list, certificate of origin, copy of signed Purchase Order [add or delete as required]

3.4 Payments shall be made in [currency] (currency code) by bank transfer to the following bank account of the Supplier:

[bank account details]

3.5 The Price specified in in each Purchase Order in accordance with the Price List (Annex B) is the total charge to IOM. The Supplier shall be responsible for the payment of all taxes, duties, levies and charges assessed on it in connection with this Agreement. IOM shall not be charged for the cost of previous storage of any Goods or related costs.

3.6 IOM shall be entitled, without derogating from any other right it may have, to defer payment of part or all of the Price until the Supplier has completed, to the satisfaction of IOM, the delivery of the Goods and the Incidental Services to which those payments relate.

3.7 The Price List (Annex B) shall remain valid for a period of at least [enter period, preferably at least one year]

4. Delivery

4.1 The Goods shall be delivered to [insert place of delivery or state ”to the place outlined by each Purchase Order”] according to the delivery schedule in each Purchase Order. The cost of delivery is deemed included in the Price specified in each Purchase Order and the Price List (Annex B). The Incidental Services as described in Article 2.4 shall be performed at the place of delivery and completed by the same delivery date, unless otherwise stated in Article 2.4 of this Agreement.

2. In the event of breach of this clause IOM reserves the right to:

a) Terminate this Agreement without liability by giving immediate notice, and to charge the Supplier any loss incurred as a result of the Supplier's failure to make the delivery within the time specified; or

b) Charge a penalty of 0.1% (one-tenth of one per cent) of the Price for every day of delay or breach of the delivery schedule by the Supplier.

5. Performance Security (applicable for Purchase Orders with value over USD 250,000)

5.1 If any Purchase Order exceeds a value of USD 250,000, the Supplier shall furnish IOM with a performance security (the “Performance Security”) in an amount equivalent to [10 (ten)] per cent of the Price, to be issued by a reputable bank or company, and in the format acceptable to IOM.

5.2 The Performance Security shall serve as the guarantee for the Supplier’s faithful performance and compliance with the terms and conditions of this Agreement. The amount of the Performance Security shall not be construed as the limit of the Supplier’s liability to IOM, in the event of breach of this Agreement by the Supplier. The Performance Security shall be effective until 30 (thirty) days from the completion of Supplier’s obligations under relevant Purchase Order following which it will be discharged by IOM.

6. Inspection and Acceptance

6.1 Where any annexed Technical Specifications (Annex C) and Request for Quotation (Annex G) state what inspections and tests are required and where they will be carried out, those terms will prevail in the event of any inconsistency with the provisions in this clause.

6.2 IOM or its representative shall have the right to inspect and/or test the Goods at no extra cost to IOM at the premises of the Supplier, at the point of delivery or at the final destination. The Supplier shall facilitate such inspections and provide required assistance.

6.3 IOM shall have 30 (thirty) calendar days after proper receipt of the Goods purchased to inspect them and either accept or reject them as non-conforming with this Agreement. Based on an inspection of a valid sample, IOM may reject the entire delivery. IOM may also charge the cost of inspecting rejected Goods to the Supplier. All rejected Goods will be returned to the Supplier, transportation charges collect, or held by IOM for disposition at Supplier's risk and expense. IOM’s right to reject the Goods shall not be limited or waived by the Goods having been previously inspected or tested by IOM prior to delivery.

6.4 The Supplier agrees that IOM’s payment under this Agreement shall not be deemed acceptance of any Goods delivered hereunder.

6.5 The Supplier agrees that any acceptance by IOM does not release the Supplier from any warranty or other obligations under this Agreement.

6.6 Title to the Goods shall pass to IOM when they are delivered and accepted by IOM. Risk of loss, injury, or destruction of the Goods shall be borne by the Supplier until title passes to IOM.

7. Adjustments

7.1 IOM reserves the right to change at any time the quantities, packaging, unit size, place, method and/or time of delivery or the Incidental Services to be provided. Where the Goods are being specifically produced for IOM, IOM may also make changes to the drawings, designs or specifications.

7.2 The Supplier agrees to proceed with this Agreement in accordance with any such change(s) and to submit a claim request for an equitable adjustment in the Price or delivery terms caused by such change(s).

7.3 IOM may deem any claim by the Supplier for equitable adjustments under this clause waived unless asserted in writing within 10 (ten) days from the date of receipt by the Supplier of IOM’s change(s).

7.4 No change in, modification of, or revision to this Agreement shall be valid unless made in writing and signed by an authorized representative of IOM.

8. Packaging

8.1 The Supplier must provide proper and adequate packaging in accordance with best commercial practice, to ensure that the Goods being delivered to IOM will be free of damage. Packaging must be adequate to allow for rough handling during transit, exposure to extreme temperatures, salt and precipitation during transit and open storage, with consideration for the type of Goods and transportation mode. IOM reserves the right to reject any delivery that is deemed not to have been packaged adequately.

8.2 Packing, marking and documentation shall comply with any requirements or instructions notified by IOM.

9. Warranties

1. The Supplier warrants that all Goods supplied under this Contract shall have no defect, arising from design, materials, or workmanship or from any act or omission of the Supplier that may develop under normal use of the supplied Goods in the conditions prevailing in the country of final destination.

2. The Supplier warrants that all Goods supplied under this Contract are new, unused, of the most recent or current models and that they incorporate all recent improvements in design and materials unless provided otherwise in this Contract. All Goods/Services delivered under this Contract will conform to the specifications, drawings, samples, or other descriptions furnished or specified by IOM.

3. The Supplier warrants that the original Toyota mechanical and electrical warranties on the base vehicles will remain intact and valid after the armouring manufacture process, for a minimum period of 2 years (or 24 months) or 60,000km (Sixty Thousand Kilometers), whichever occurs first. Certification of Agreement from the Armouring Manufacturer and the Supplier if two separate entities should be included in the delivery of the Armoured Vehicles.

9.4 The Supplier must provide a full warranty covering the entire up-armoring and modification conversion, including the braking and suspension systems and the dual-battery system, for a minimum period of 2 years (or 24 months) or 60,000km (Sixty Thousand Kilometers), whichever occurs first. Certification of Agreement from the Armouring Manufacturer and the Supplier if two separate entities should be included in the delivery of the Armoured Vehicles.

9.5 The Supplier warrants that a full warranty for a minimum period of 2 years (or 24 months) or 60,000km (Sixty Thousand Kilometers), whichever occurs first covering delaminating on all glazing to be supplied and included in the up-armoring and modification conversion of the specific vehicles to be provided as per this RFQ will be provided. Certification of Agreement from the Armouring Manufacturer and the Supplier if two separate entities should be included in the delivery of the Armoured Vehicles.

9.6 The Supplier warrants to provide a 5-year (or 60 months) anti-perforation corrosion warranty on the ballistic steel used in the up-armoring and modification conversion of the specific vehicles to be provided as per this RFQ. Certification of agreement from the Armouring Manufacturer and the Supplier if two separate entities,

9.7 The Supplier warrants to provide detailed Dealer (Toyota), Operator and supplemental electrical wiring manuals for the specific vehicles to be supplied under this RFQ. Certification of Agreement from the Armouring Manufacturer and the Supplier if two separate entities should be included in the delivery of the Armoured Vehicles.

9.8 The Supplier warrants that full details of warranty claims procedure will be provided. Certification of Agreement from the Armouring Manufacturer and the Supplier if two separate entities should be included in the delivery of the Armoured Vehicles.

9.9 The Supplier warrants that Service Unit will be provided when purchased unit is under repair within warranty period. Certification of Agreement from the Armouring Manufacturer and the Supplier if two separate entities should be included in the delivery of the Armoured Vehicles.

9.10 IOM shall promptly notify the Supplier in writing of any claims arising under this

warranty.

9.11 Upon receipt of such notice, the Supplier shall, within the time period specified in the

notice, repair or replace the defective Goods or parts thereof, without cost to IOM.

9.12 IOM’s continued use of such Goods after notifying the Supplier of their defect or failure to conform or breach of warranty will not be considered a waiver of the Supplier’s warranty.

9.13 The Supplier further represents and warrants that:

a) It has full title to the Goods, is fully qualified to sell the Goods to IOM, and is a company financially sound and duly licensed, with adequate human resources, equipment, competence, expertise and skills necessary to carry out fully and satisfactorily, within the stipulated completion period, the delivery of the Goods in accordance with this Agreement;

b) It shall comply with all applicable laws, ordinances, rules and regulations when performing its obligations under this Agreement;

c) In all circumstances it shall act in the best interests of IOM;

d) No official, employee or agent of IOM or any third party has received from, will be offered by, or will receive from the Supplier any direct or indirect benefit arising from this Agreement or award thereof;

e) It has not misrepresented or concealed any material facts in the procuring of this Agreement;

f) The Supplier, its staff or shareholders have not previously been declared by IOM ineligible to be awarded contracts by IOM;

g) It shall abide by the highest ethical standards in the performance of this Agreement, which includes not engaging in any discriminatory or exploitative practice or practice inconsistent with the rights set forth in the Convention on the Rights of the Child;

h) The prices for the Goods under this Agreement do not exceed those offered for similar goods to Supplier’s other customers;

i) The Price specified in Article 3.1 of this Agreement shall constitute the sole remuneration of the Supplier in connection with this Agreement. The Supplier shall not accept for its own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Agreement or the discharge of its obligations hereunder. The Supplier shall ensure that any subcontractors, as well as the officers, employees, and agents of either of them, similarly, shall not receive any additional remuneration.

9.14 The Supplier further warrants that it shall:

a) Take all appropriate measures to prohibit and prevent actual, attempted and threatened sexual exploitation and abuse (SEA) by its employees or any other persons engaged and controlled by it to perform activities under this Agreement ( “other personnel”). For the purpose of this Agreement, SEA shall include:

1. Exchanging any money, goods, services, preferential treatment, job opportunities or other advantages for sexual favours or activities, including humiliating or degrading treatment of a sexual nature; abusing a position of vulnerability, differential power or trust for sexual purposes, and physical intrusion of a sexual nature whether by force or under unequal or coercive conditions. 

2. Engaging in sexual activity with a person under the age of 18 (“child”), except if the child is legally married to the concerned employee or other personnel and is over the age of majority or consent both in the child’s country of citizenship and in the country of citizenship of the concerned employee or other personnel.

b) Strongly discourage its employees or other personnel having sexual relationships with IOM beneficiaries.

c) Report timely to IOM any allegations or suspicions of SEA, and investigate and take appropriate corrective measures, including imposing disciplinary measures on the person who has committed SEA.

d) Ensure that the SEA provisions are included in all subcontracts.

e) Adhere to above commitments at all times. Failure to comply with (a)-(d) shall constitute grounds for immediate termination of this Agreement.

9.15 The above warranties survive the expiration or termination of this Agreement.

10. Assignment and Subcontracting

10.1 The Supplier shall not assign or subcontract the Agreement or any work under this Agreement in part or all, unless agreed upon in writing in advance by IOM. Any subcontract entered into by the Supplier without approval in writing by IOM may be cause for termination of the Agreement.

10.2 In certain exceptional circumstances by prior written approval of IOM, specific jobs and portions of the Agreement may be assigned to a subcontractor. Notwithstanding the said written approval, the Supplier shall not be relieved of any liability or obligation under this Agreement nor shall it create any contractual relation between the subcontractor and IOM. The Supplier remains bound and liable there under and it shall be directly responsible to IOM for any faulty performance under the subcontract. The subcontractor shall have no cause of action against IOM for any breach of the subcontract.

11. Force Majeure

Neither Party will be liable for any delay in performing or failure to perform any of its obligations under this Agreement if such delay or failure is caused by force majeure, such as civil disorder, military action, natural disaster and other circumstances which are beyond the control of the Party in question. In such event, the Party will give immediate notice in writing to the other Party of the existence of such cause or event and of the likelihood of delay.

12. Independent Contractor

The Supplier shall provide the Goods under this Contract as an independent contractor and not as an employee, partner, or agent of IOM.

13. Audit

The Supplier agrees to maintain financial records, supporting documents, statistical records and all other records in accordance with generally accepted accounting principles to sufficiently substantiate all direct and indirect costs of whatever nature involving transactions related to the supply and delivery of Goods and the Incidental Services under this Agreement. The Supplier shall make all such records available to IOM or its designated representative at all reasonable times until the expiration of 7 (seven) years from the date of final payment, for inspection, audit, or reproduction. On request, employees of the Supplier shall be available for interview.

14. Confidentiality

All information which comes into the Supplier’s possession or knowledge in connection with this Agreement is to be treated as strictly confidential. The Supplier should not communicate such information to any third party without the prior written approval of IOM. The Supplier shall comply with IOM Data Protection Principles in the event that it collects, receives, uses, transfers or stores any personal data in the performance of this Agreement. These obligations shall survive the expiration or termination of this Agreement.

15. Notices

Any notice given pursuant to this Agreement will be sufficiently given if it is in writing and received by the other Party at the following address:

International Organization for Migration (IOM)

Attn: [Name of IOM contact person]

[IOM’s address]

[IOM’s email address]

[Full name of the Supplier]

Attn: [Name of the Supplier’s contact person]

[Supplier’s address]

[Supplier’s email address]

16. Dispute Resolution

16.1. Any dispute, controversy or claim arising out of or in relation to this Agreement, or the breach, termination or invalidity thereof, shall be settled amicably by negotiation between the Parties.

16.2. In the event that the dispute, controversy or claim has not been resolved by negotiation within 3 (three) months of receipt of the notice from one party of the existence of such dispute, controversy or claim, either Party may request that the dispute, controversy or claim is resolved by conciliation by one conciliator in accordance with the UNCITRAL Conciliation Rules of 1980. Article 16 of the UNCITRAL Conciliation Rules does not apply.

16.3. In the event that such conciliation is unsuccessful, either Party may submit the dispute, controversy or claim to arbitration no later than 3 (three) months following the date of termination of conciliation proceedings as per Article 15 of the UNCITRAL Conciliation Rules. The arbitration will be carried out in accordance with the 2010 UNCITRAL arbitration rules as adopted in 2013. The number of arbitrators shall be one and the language of arbitral proceedings shall be English, unless otherwise agreed by the Parties in writing. The arbitral tribunal shall have no authority to award punitive damages. The arbitral award will be final and binding.

16.4. The present Agreement as well as the arbitration agreement above shall be governed by internationally accepted general principles of law and by the terms of the present Agreement, to the exclusion of any single national system of law that would defer the Agreement to the laws of any given jurisdiction. Internationally accepted general principles of law shall be deemed to include the UNIDROIT Principles of International Commercial Contracts. Dispute resolution shall be pursued confidentially by both Parties. This Article survives the expiration or termination of the present Agreement.

17. Use of IOM’s Name

The official logo and name of IOM may only be used by the Supplier in connection with this Agreement and with the prior written approval of IOM.

18. Status of IOM

Nothing in this Agreement affects the privileges and immunities enjoyed by IOM as an intergovernmental organization.

19. Indemnification and Insurance

19.1 The Supplier shall at all times defend, indemnify, and hold harmless IOM, its officers, employees, and agents from and against all losses, costs, damages and expenses (including legal fees and costs), claims, suits, proceedings, demands and liabilities of any kind or nature to the extent arising out of or resulting from acts or omissions of the Supplier or its employees, officers, agents or subcontractors, in the performance of this Agreement. IOM shall promptly notify the Supplier of any written claim, loss, or demand for which the Supplier is responsible under this clause.

19.2 This indemnity shall survive the expiration or termination of this Agreement.

19.3 The Goods supplied under this Agreement shall be fully insured in a freely convertible currency against loss or damage resulting from or related to manufacture or acquisition, transportation, storage, and delivery. Further insurance requirements may be specified in the Technical Specifications.

20. Waiver

Failure by either Party to insist in any one or more instances on a strict performance of any of the provisions of this Agreement shall not constitute a waiver or relinquishment of the right to enforce the provisions of this Agreement in future instances, but this right shall continue and remain in full force and effect.

21. Termination and Re-procurement

21.1 IOM may terminate this Agreement, in whole or in part, at any time with written notice to the Supplier. Any monies paid in advance by IOM shall be refunded on or before the date of termination.

21.2 If IOM terminates this Agreement in whole or in part for default on the part of the Supplier, it may acquire elsewhere goods similar to those terminated and the Supplier shall be liable for any excess costs to IOM for the re-procurement of those goods as well as the removal of any or all of the Supplier’s product or equipment from IOM’s premises or other places of delivery. The Supplier shall not be liable for any excess costs if the failure to perform under this Agreement arises from causes beyond its control and without fault or negligence of the Supplier.

21.3 Upon any such termination, the Supplier shall waive any claims for damages including loss of anticipated profits on account thereof.

22. Severability

If any part of this Agreement is found to be invalid or unenforceable, that part will be severed from this Agreement and the remainder of the Agreement shall remain in full force.

Entirety

This Agreement and any Annexes embody the entire agreement between the Parties and supersede all prior agreements and understandings, if any, relating to the subject matter of this Agreement.

23. Special Provisions (Optional)

Due to the requirements of the Donor financing the Project, the Implementing Partner shall agree and accept the following provisions:

[Insert all donor requirements which must be flown down to IOM’s implementing partners and subcontractors. In case of any doubt, please contact LEGContracts@iom.int]

25. Final Clauses

25.1 This Agreement will enter into force upon signature by both Parties and shall remain in force until completion of all obligations of the Parties under this Agreement.

25.2 Amendments to this Agreement may be made by mutual agreement in writing between the Parties.

Signed in duplicate in English, on the dates and at the places indicated below.

|For and on behalf of |For and on behalf of |

|The International Organization |[Full name of the Supplier] |

|for Migration | |

| | |

|Signature |Signature |

| | |

| | |

|_________________________ |____________________________ |

|Name |Name |

|Position |Position |

|Date |Date |

|Place |Place |

Annex G

BANK GUARANTEE FOR ADVANCE PAYMENT

To: [name and address of IOM Mission]

Contract Name: [insert name of Contract]

Gentlemen:

In accordance with the provisions of the General Instruction, Article No. 19 (“Payment”) of the above-mentioned Contract, [name and address of Supplier] (hereinafter called “the Supplier”) shall deposit with [insert name of IOM Mission] a Bank Guarantee to guarantee his proper and faithful performance under the said Clause of the Contract in an amount of [amount of Guarantee in words and figure].

We, the [Bank name and address ] as instructed by the Supplier, agree unconditionally and irrevocably to guarantee as primary obligator and not as Surety merely, the payment to [name of IOM Mission and address] on his first demand without whatsoever right of objection on our part and without his first claim to the Supplier, in the amount not exceeding [amount of Guarantee] [amount in words and required currency].

We further agree that no change or addition to or other modification of the terms of the Contract to be performed there under or of any of the Contract documents which may be made between [name of IOM Mission and address] and the Supplier, shall in any way release us from any liability under this Guarantee, and we hereby waive notice of any such change, addition, or modification.

This Guarantee shall remain valid and in full effect from the date of the advance payment under the Contract until [name of IOM Mission and address] receives full repayment of the same amount from the Supplier.

Yours truly,

Signature and seal:

Name of Bank:

Address:

Date:

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IOM is encouraging companies to use recycled materials or materials coming from sustainable resources or produced using a technology that has lower ecological footprints.

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FPU.SF-19.2

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