Supply and Delivery of Medicines Tender, Uganda - 43831673

Procurement Summary

Country : Uganda

Summary : Supply and Delivery of Medicines

Deadline : 27 Jul 2020

Other Information

Notice Type : Tender

TOT Ref.No.: 43831673

Document Ref. No. : 003of 26/6/2020

Competition : ICB

Financier : Belgian Development Corporation (BDC)

Purchaser Ownership : -

Tender Value : Refer Document

Purchaser's Detail

Purchaser : ENABEL - BELGIAN DEVELOPMENT AGENCY
Mr. TRUYENS, Arnaud, Project Finance and Contracting Coordinator / Ms. Eva Matovu, Procurement & logistics officer Health project (Enabel in Uganda) Ministry of Health, Annex Building D004 Plot 6 Lourdel Road, Nakasero, Kampala
Uganda
Email :arnaud.truyens@enabel.be / eva.matovu@enabel.be
URL :https://www.enabel.be/

Tender Details

Tenders are invited for supply and delivery of medicines to 31 Health Facilities in Acholi region.

Tender documents Enabel in Uganda EHA

003of 26/6/2020

Public supplies contract for the “supply and delivery of medicines to 31 Health Facilities in Acholi region”

Country: Uganda

Navision code: UGA 180371T

1 General point

1.1 Deviations from the General Implementing Rules

Point 4 “Specific contractual provisions” of these tender documents includes the administrative and contractual terms that apply to this public contract as a deviation of the ‘General Implementing Rules of public contracts- (Royal Decree of 14 January 2013) or as a complement or an elaboration thereof.

These tender documents derogate from Art. 25-33 of the General Implementing Rules (see point 4.7 “Performance bond (Art. 25-33)”). These deviations are founded on the idea of providing possible local tenderers with an opportunity to submit a tender.

1.2 Contracting authority

The contracting authority of this public contract is Enabel, Belgian development agency, further called “Enabel”, public-law company with social purposes, with its registered office at Rue Haute 147, 1000 Brussels in Belgium (enterprise number 0264.814.354, RPM/RPR Brussels).

Enabel, supports the developing countries in the fight against poverty on behalf of the Belgian government. In addition to this public service mission, Enabel also performs services for other national and international organisations contributing to sustainable human development. Moreover, Enabel can also perform other development cooperation missions at the request of public interest organisations, and it can develop its own activities to contribute towards realization of its objectives.

For this public contract, Enabel is represented by Ms. Christelle Jocquet, Resident Representative of Enabel in Uganda.

1.3 Institutional framework of Enabel

The general reference framework under which Enabel operates is the Belgian Law of 19 March 2013 on Development Cooperation1, the Belgian Law of 21 December 1998 establishing the Belgian Technical Cooperation as a public-law company2 as well as the Belgian Law of 23 November 20173 changing the name of the Belgian Technical Cooperation and defining the missions and functioning of Enabel, the Belgian development agency.

The following developments are also a leitmotiv in Enabel operations: We mention as main examples:

 In the field of international cooperation: The United Nations Sustainable Development Goals and the Paris Declaration on the harmonisation and alignment of aid are important touchstones;

 In the field of fighting corruption: The Law of 8 May 2007 approving the United Nations Convention against Corruption, adopted in New York on 31 October 20034, as well as the Law of 10 February 1999 on the Suppression of Corruption transposing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions;

 In the field of Human Rights: The United Nations- Universal Declaration of Human Rights (1948) as well as the 8 basic conventions of the International Labour Organisation5 on Freedom of Association (C. n°87), on the Right to Organise and Collective Bargaining (C. n°98), on Forced Labour (C. n°29 and 105), on Equal Remuneration and on Discrimination in Respect of Employment (C. n°100 and 111), on Minimum Age for Admission to Employment (C. n°138), on the Prohibition of the Worst Forms of Child Labour (C. n°182);

 In the field of respecting the environment: The Climate Change Framework Convention in Paris, 12 December 2015;

 The first Management Contract concluded between Enabel and the Belgian Federal State, approved by the Royal Decree of 17 December 2017, that sets out the rules and the special conditions for the execution of public service tasks by Enabel on behalf of the Belgian State.

1.4 Rules governing the public contract
This public contract shall be governed by the Belgian law, among others:
 The Law of 17 June 2016 on public procurement6
;
 The Law of 17 June 2013 on motivation, information and remedies in respect of public
contracts and certain works, supply and service contracts7
;
 The Royal Decree of 18 April 2017 concerning the award of public works, supply and
service contracts in the classical sector8;
 The Royal Decree of 14 January 2013 establishing the General Implementing Rules of
public contracts9
;
 Circulars of the Prime Minister with regards to public contracts6
.
1.5 Definitions
The following definitions shall be used for the purposes of this contract:
 Contractor / supplier: The tenderer to whom the contract is awarded;
 Contracting authority: Enabel, represented by the Resident Representative of Enabel in
Uganda;
 Contract manager: The official or any other person who manages and controls the
performance of the contract;
 Corrupt practices: The offer of a bribe, gift, gratuity or commission to any person as an
inducement or reward for performing or refraining from any act relating to the award of
a contract or implementation of a contract already concluded with the contracting
authority;
 Days: In the absence of any indication in this regard in the tender documents and the
applicable regulations, all days should be interpreted as calendar days;

5
http://www.ilo.org/ilolex/english/convdisp1.htm.
6
Belgian Official Gazette of 14 July 2016.
7
Belgian Official Gazette of 21 June 2013.
8
Belgian Official Gazette of 09 May 2017.
9
Belgian Official Gazette of 14 February 2013.

6
 General Implementing Rules: Rules given in the Royal Decree of 14 January 2013
establishing the general rules for the performance of public contracts;
 Litigation: Court action;
 Option: an accessory element which is not strictly necessary to the performance of the
contract but which has been introduced on demand of the contracting authority or on the
initiative of the tenderer;
 Technical specifications: A specification in a document defining the characteristics of a
product or a service, such as the quality levels, the environmental and climate
performance levels, the design for all kinds of needs, including access for people with
disabilities, and the evaluation of conformity, the product performance, the use of the
product, the safety or dimensions, as well as requirements applicable to the product as
regards the name under which it is sold, the terminology, symbols, the testing and test
methods, the packaging, the marking or labelling, instructions for use, the production
processes and methods at any stage of the life cycle of the supply or service, as well as the
evaluation and conformity procedures;
 Tender: The commitment of the tenderer to perform the public contract under the
conditions that he/she has submitted;
 Tenderer: The economic operator that submits a tender;
 Tender documents: This document and its annexes and the documents it refers to;
 Variant: An alternative method for the design or the performance that is introduced either
at the demand of the contracting authority, or at the initiative of the tenderer.
1.6 Confidentiality
The tenderer or contractor and Enabel are bound to secrecy vis-à-vis third parties with
regards to any confidential information obtained within the framework of this contract and
will only divulge such information to third parties after receiving the prior written consent of
the other party.
They will disseminate this confidential information only among appointed parties involved
in the assignment. They guarantee that said appointed parties will be adequately informed of
their obligations in respect of the confidential nature of the information and that they will
comply therewith.
1.7 Deontological obligations
Any failure to conform with one or more of the deontological terms may lead to the exclusion
of the candidate, the tenderer or the contractor from other public contracts concluded with
Enabel.
For the duration of the contract, the contractor and its staff respect human rights and
undertake not to go against political, cultural or religious customs of the beneficiary country.
The tenderer or contractor is bound to respect fundamental labour standards, which are
internationally agreed upon by the International Labour Organisation (ILO), namely the
conventions on union freedom and collective bargaining, on the elimination of forced and
obligatory labour, on the elimination of employment and professional discrimination and on
the abolition of child labour.

7
Any attempt of a candidate or a tenderer to obtain confidential information, to proceed to
illicit arrangements with competitors or to influence the evaluation committee or the
contracting authority during the investigation, the clarification, evaluation of tenders and
applicants comparison procedures will lead to the rejection of the application or the tender.
Moreover, in order to avoid any impression of risk of partiality or connivance in the followup and control of the performance of the contract, it is strictly forbidden to the contractor to
offer, directly or indirectly, gifts, meals or any other material or immaterial advantage, of
whatever value, to the employees of the contracting authority who are concerned, directly or
indirectly, by the follow-up and/or control of the performance of the contract, regardless of
their hierarchical rank.
Any tender will be rejected and any (public) contract will be cancelled once it appears that
the contract awarding or its performance was related to the transfer of ‘extraordinary
commercial expenditure-. Extraordinary commercial expenditure is any commission that is
not mentioned in the main contract or that does not result from a contract in good and due
form referring to that contract, any commission that is paid for no actual legal service, any
commission transferred into a fiscal parad

Documents

 Tender Notice