CEIRD-CCC-LP-01-2014 - Pliego de Condiciones (INGLES Vs 2) (VL1) Unofficial Translation

NON OFFICIAL TRANSLATION
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DOMINICAN REPUBLIC

CENTRO DE EXPORTACION E INVERSION DE LA REPUBLICA DOMINICANA (CEI-RD)

Terms of Conditions for the realization of Market Research, Supply and Entry of Agricultural and Agro-
Industrial Products in the state of New York, USA, under the DR-CAFTA in a first phase and a second phase
conducting the same study for the state of Florida under a single contract.

Santo Domingo, Distrito Nacional
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TABLE DE CONTENTS
GENERAL ............................................................................................................................................................... 4
Preface ......................................................................................................................................................................... 4
PART I..................................................................................................................................................................... 5
PUBLIC BIDDING PROCEDURES ............................................................................. Error! Bookmark not defined.
Section I ....................................................................................................................................................................... 5
Instructions to Bidders (ITB) ...................................................................................................................................... 5
1.1 Objectives and Scope of Work ............................................................................................. Error! Bookmark not defined.
1.2 Definitions and Interpretations .............................................................................................. Error! Bookmark not defined.
1.3 Language ............................................................................................................................................................................... 9
1.4 Offer Price .............................................................................................................................................................................. 9
1.5 Bid Currency ........................................................................................................................................................................ 10
1.6 Aplicaple Regulations ........................................................................................................... Error! Bookmark not defined.
1.7 Judicial Jurisdiction .............................................................................................................................................................. 10
1.8 Advertising ........................................................................................................................................................................... 10
1.9 Stages of the Call ................................................................................................................................................................ 11
1.10 Contracting Authority ......................................................................................................................................................... 11
1.11 Atributions .......................................................................................................................................................................... 11
1.12 Authority Responisble of the Process ................................................................................................................................ 11
1.13 Extent of the Responsabilities ........................................................................................................................................... 12
1.14 Corrupt or Fraudulent Practices ......................................................................................................................................... 12
1.15 Of the Bidders/Skilled and Unskilled Proposers ................................................................................................................ 12
1.16 Prohibition on Hiring .......................................................................................................................................................... 12
1.17 Demontration of the Capacity to Hire ................................................................................................................................. 14
1.18 Legal Representative ......................................................................................................................................................... 14
1.19 Authorized Agents ............................................................................................................................................................. 15
1.20 Rectifications ..................................................................................................................................................................... 15
1.21 Arithmetic Corrections ....................................................................................................................................................... 16
1.22 Guarantees ........................................................................................................................................................................ 16
1.22.1 Bid Bond Guarantee ....................................................................................................................................................... 16
1.22.2 Performance Bond Guarantee ........................................................................................................................................ 16
1.23 Return of the Guarantees .................................................................................................................................................. 17
1.24 Consults, Newsletters and Amendments ........................................................................................................................... 17
1.25 Address .............................................................................................................................................................................. 17
1.26 Newsletters ........................................................................................................................................................................ 17
Section II .................................................................................................................................................................... 17
Data Process (DP) ..................................................................................................................................................... 17
2.1 Purpose of the Call .............................................................................................................................................................. 18
2.2 Selection Procedure ............................................................................................................................................................ 18
2.3 Source of Funds .................................................................................................................................................................. 18
2.5 Bidding Schedule ................................................................................................................................................................. 18
2.6 Availability and Acquisition of the Specific Terms and Contitions ........................................................................................ 20
2.7 Acceptance and Knowledge of the Terms of Reference ..................................................................................................... 20
2.8 Description of the Consultancy. Terms of Reference . .......................................................... Error! Bookmark not defined.
2.9 Presentation of Proposals. ...................................................................................................... Error! Bookmark not defined.
2.10Place, Date and Time ...................................................................................................... Error! Bookmark not defined.
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2.11Submission of Documents Contained in Envelope A. ............................................................. Error! Bookmark not defined.
2.12 Documents to Present ........................................................................................................ Error! Bookmark not defined.
2.13 Submission od Documents Contained in Envelop B .......................................................... Error! Bookmark not defined.
Section III ................................................................................................................................................................... 37
Openning and Validation of Bids ................................................................................... Error! Bookmark not defined.
3.1 Procedure for the Opening of Envelopes ............................................................................................................................. 37
3.2 Openning of Envelope A, that contains the Technical Proposals ........................................ Error! Bookmark not defined.
3.3 Validation and Verification of Documents .............................................................................. Error! Bookmark not defined.
3.4 Evaluation Criteria ................................................................................................................. Error! Bookmark not defined.
3.5 Stages of Certification ............................................................................................................ Error! Bookmark not defined.
3.6 Openning of Envelope B, that contains the Economic Proposals ...................................... Error! Bookmark not defined.
3.7 Confidentiality of the Process .............................................................................................................................................. 39
3.8 Term for the Maintenance of the Bid ................................................................................................................................... 39
3.9 Evaluation of the Economic Offer ........................................................................................................................................ 40
Section IV ................................................................................................................................................................... 40
Award .............................................................................................................................. Error! Bookmark not defined.
4.1 Award Criteria ...................................................................................................................................................................... 40
4.2 DrawBetween Bidders ......................................................................................................................................................... 40
4.3 Award Agreement ................................................................................................................................................................ 40
4.4 Subsequent Awards ............................................................................................................................................................. 41
PART 2.................................................................................................................................................................. 41
CONTRACT .......................................................................................................................................................... 41
Section V .................................................................................................................................................................... 41
Provisions on the Contract ............................................................................................ Error! Bookmark not defined.
5.1 General Conditions of the Contract .................................................................................................................................. 41
5.1.1 Validity of the Contract ...................................................................................................................................................... 41
5.1.2 Performance Bond Contract ............................................................................................................................................. 41
5.1.3 Perfectioning of the Contract ............................................................................................................................................ 41
5.1.4 Term for the Subscription of the Contract ......................................................................................................................... 41
5.1.5 Efects of Non-Compliance of the Contract ....................................................................................................................... 42
5.1.6 Expansion or Reduction of the Contract ........................................................................................................................... 42
5.1.7 Termination of the Contract .............................................................................................................................................. 42
5.1.8 Subcontracts ..................................................................................................................................................................... 42
5.1.9 Specific Conditions of the Contract ................................................................................................................................... 42
5.2. Term of the Contract ......................................................................................................................................................... 42
5.2.1 Beggining of the Consult ................................................................................................................................................... 43
5.2.2 Modification of the Shedule of Delivery ............................................................................................................................ 43
PART 3.................................................................................................................................................................. 43
DELIVERY AND RECEIPT ......................................................................................... Error! Bookmark not defined.
Section VI ................................................................................................................................................................... 43
Forms ......................................................................................................................................................................... 43
6.1 Forms ................................................................................................................................................................................... 43
6.2 Annexes ............................................................................................................................................................................... 43

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GENERAL
Preface

This standard model of Specific Conditions for Purchasing and Procurement of Goods and / or related services,
has been prepared by the General Direction of Public Contracts, to be used in the Bidding Procedures under Law
No. 340-06, dated August eighteen (18) two thousand and six (2006) on Purchasing and Procurement of Goods,
Services, Construction and Concessions, and its amendments contained in Law No. 449-06, dated December six
(06) of two thousand and six (2006) and its Rules of Application issued by Decree No. 543-12 dated September
six (6) two thousand and twelve (2012).

Below is a brief description of its contents.

PART 1 PUBLIC BIDDING PROCEDURES

Section I. Instructions to Bidders (ITB)

This section provides information to help Bidders in preparing their bids. It also includes information
on the submission, opening and evaluation of offers and award of contracts. The provisions of
Section I are standard and of mandatory use in all procedures of Bidding for Procurement and
Contracting of Goods and / or related services under Law No. 340-06 on Purchases and Contracts
with amendments to Law No. 449 - 06 and its Rules of implementation approved by Decree No.
543-12.

Section II. Procedure Data (PD)

This section contains specific provisions for each Purchase and Procurement of Goods and / or
related services, and that supplement Section I, Instructions to Bidders

Section III. Validation and Opening of Bids

This section provides the procedure for opening and validating the Technical and Economic Offers
and includes the evaluation criteria and procedure for Price Study.

Section IV. Award

This section includes the Award Criteria and Procedure for Posterior Awards.

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PART 2 - CONTRACT

Section V. Provisions on the Contract

This section includes the Contract, which , once completed should not be modified , except for
aspects to include corrections or modifications that have been made to the accepted bid and that
that are permitted under the Instructions to Bidders and General Conditions contract.

This includes general and specific clauses to be included in all contracts.

PART 3 DELIVERY AND RECEIPT

Section VI. Reception of the Products

This section includes the delivery requirements, the provisional and final acceptance of the goods and
obligations on the supplier.

Section VII. Forms

This section contains information on the forms of the bidder, presentation of the offer and
guarantees that the bidder shall submit with the bid.

PART I

PUBLIC BIDDING PROCEDRES

Section I
Instructions to Bidders (ITB)

1.1 Objectives and Scope of Work
The purpose of this document is to establish the set of legal , economic, technical and administrative legal clauses,
of a regulatory nature , establishing the requirements, demands , rights , duties and obligations of natural or legal
persons , national or foreign, that wish to participate in the PUBLIC BIDDING PROCEDURE for the consultancy of
the Market Research, Supply and Entry of Agricultural and Agro-Industrial Products in the state of New York, USA,
under the DR-CAFTA in a first phase, and a second phase conducting the same study for the state of Florida under
a single contract conducted by the CEI- RD (Reference: CEIRD -CCC -LP , No. 01-2014
) .

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This document forms the basis for the preparation of bids. If the Bidder / Proposer fails to provide any part of the
information required in the Terms of Reference or presents information that does not conform in all respects
substantially, they will be in charge of the risk and the result may be the rejection of its Proposal.

1.2 Definitions and Interpretations

For the purposes of the Terms of Conditions herein, the words and phrases that start with a capital letter and cited
below have the following meaning:

Bidder: Bidder / Proposer who is awarded the Contract or Purchase Order.

Authorized Agents: Individuals designated by the Bidders / Proposers for the purpose of carrying on their behalf
certain steps in the process.

Goods: Products made from raw materials, consumables for the operation of the State Entities.

Fortuitous Event: Event that has not been foreseen, anticipated or not avoidable, being foreign to the will of the
people.

Newsletter: Clarification that the Purchasing and Contracting Committee issued its own initiative or in response to
queries raised by the Bidders / Proposers regarding the content of the Terms of Conditions , forms, or other
accompanying Newsletter , which will be known to all Bidders / Proposers.

Procurement and Contracting Committee: Administrative Authority permanently responsible for the appointment
of experts to develop the technical specifications of the assets to be acquired and service or work to be contracted,
the approval of the Terms of Conditions, the Selection Procedure and opinion of the experts appointed to evaluate
the offers.

Price Comparison: A call to the natural or legal persons respectively registered. This process only applies to
purchase of common goods with standard specifications, procurement, services and minor works.

Confidentiality Agreement: Document signed by the Bidder / Proposer to receive information from the Bid.

Consortium: Association of legal entities that are not an independent entity with legal personality and that is
established with the purpose of participating in the Bid.

Enquiry: Written communication , submitted by a Bidder / Proposer under the procedure established and received
by the Procurement and Contracting Committee , requesting clarification , interpretation or modification on aspects
related exclusively with the Terms of Conditions.

Contract: Document signed between the institution and the Contractor prepared in accordance with the
requirements set forth in the Terms of Conditions and the Law.

Credentials: Documents that a Bidder / Proposer presented in the form established in the Terms of Conditions, to
be evaluated and ranked by the Procurement and Contracting Committee in order to select the Qualified Bidders to
participate in the bidding process.

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Schedule of Activities: Timeline of the Bidding Process.

Day: means calendar days.

Business Day: Means day excluding Saturdays, Sundays and holidays.

Amendment: Written communication issued by the Procurement and Contracting Committee, to modify the content
of the Terms of Conditions, forms, schedules, or other Amendment and is known to all Bidders / Proposers.

Contracting Entity: The organization, agency or dependence of the public sector, of the application of Law 340-
06, which has undertaken a contractual process and enters into the Agreement.

State: Dominican State.

Technical Notes: Technical Specifications documents required by the Contracting Entity.

Major Event: Any event or situation beyond the control of the Employer, unpredictable and inevitable, and without
its negligence or fault, such as , but not limited to, epidemics, war , terrorist acts , strikes, fires , explosions,
earthquakes, disasters , floods and any other major environmental disturbance , severe and unusual weather
conditions.

Interested: Any natural or legal person who is interested in any bidding procedure being carried out.

National Competitive Bidding : The administrative procedure by which state agencies conduct an open public call,
calling on interested parties to submit proposals , among which they select the most suitable, according to the Terms
of Conditions. It is intended for domestic or foreign providers living in the country legally.

Restricted Bid: Is the invitation of participation to a limited number of providers who can meet the requirement
because of the specialty of the goods to be acquired , which is why only a limited number of participants can be
obtained , of which at least five (5 ) Bidders will be invited when the record is greater. Even though this is a restricted
Bid, it will be made public by the means provided.

Consortium Leader: Natural or legal Consortium which has been designated as such.

Highest Executive Authority: The owner or the legal representative of the Contracting Entity or who has the
authority to enter into Contract.

Award Notification: Written notification to the Contractor and other participants on the final results of the bidding
procedure, within five (05) working days from the Award Ceremony.

Financial Bid: Price fixed by the Bidder in its proposal.

Technical Bid: Technical Specifications -legal nature of the goods to be procured.

Bidder / Proponent: Natural or legal person legally qualified to participate in the bidding process.

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Bidder / Proposer Enabled: The one who participates in the bidding process and is consistent in the Technical
Evaluation Process.

Experts: Official experts in the art of the process carried out by the Contracting Authority, another public agency or
contracted for the collaboration of advising, analyzing and evaluating proposals, tailoring reports that contain the
results and serve as support for decisions to be taken by the Procurement and Contracting Committee.

Practice of Collusion: An agreement between two or more parties designed to achieve an improper purpose,
including the improper influence of the actions of another party.

Coercive Practices: To damage or harm, or threaten to harm directly or indirectly any party or their property
including improper influence of the actions of a party.

Obstructive Practices: Is destroying, falsifying , altering or deliberately concealing important evidence regarding
their participation in a bidding process, influence the investigation, formulate false statements to investigators with
the intention to substantially impede an investigation concerning the Contracting Entity in reference to accusations
about corrupt , fraudulent, coercive or collusive and / or threatening, harassing or intimidating them in order to
prevent what that party knows about matters relevant to the investigation or to carry out the research practices or
execution of a contract .

Terms of Conditions: Document containing all the conditions that must govern the parties in this bidding.

Supplier: Bidder / Proposer that having participated in the public bidding, is awarded the contract and supplies
products according to the Terms of Conditions.

Legal Representative: Natural or physical person that is accredited as such by the Bidder / Proposer.

Placing Report: Form containing the bidding prices offered in the procedure, arranged from lowest to highest.

Award Resolution: Administrative act by which the Procurement and Contracting Committee gives the award to
the bidder (s) of the Contract subject to the purchasing or procurement procedure.

Emergency Situations: These are situations that are by accident, unexpected , unpredictable , immediate ,
concrete and tested , which the implementation of the Terms of Conditions are not possible established by law, in
due time.

Envelope: Pack that contains the credentials of the Bidder / Proponent and Technical or Economic Offer.

Operational Procurement and Contracting Unit (UOCC): unit responsible for operational aspects of the
procurement and contracting procedures.

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For the interpretation of these Terms of Conditions:

Words or designations must also be understood in the singular to the plural and vice versa, when the
interpretation of written texts is required.
The term "in writing" means a written proof of receipt.
Any indication by chapter, section, subsection, newsletter, amendment, form or schedule refers to the
corresponding expression of these Terms of Conditions, unless otherwise stated. The chapter
headings, forms and schedules are used only for indicative purposes and shall not affect their
interpretation.
The words that start with a capitalized letter and which are not defined herein shall be interpreted
according to the Dominican laws.
Any inaccurate clause, ambiguous, contradictory or bad will be at the discretion of the Contracting
Entity, and shall be construed favorable to them.
References for the installments shall be interpreted as calendar days, unless the expression "business
day" is used, in which case they will be working days according to Dominican law.

1.3 Language

The official language of the present Bid is Spanish, therefore, all correspondence and documents generated and
exchanged by the Bidder / Proponent and Procurement and Contracting Committee during the procedure must be
submitted in this language, or being in a different language, they must have the Spanish translation by a duly
authorized court interpreter.

1.4 Offer Price

Prices quoted by the Bidder in the Form of Economic Bid shall conform to the requirements specified below.

All lots and items must be listed and priced separately in the Form of Economic Bid. If an Economic Bid form has
detailed items listed but has not quoted them, we will assume that it is not included in the offer. Also, when any lot
or item does not appear in the Economic Bid form, we will equally assume it is not included in the Offer.

The breakdown of price components is required solely for the purpose of facilitating the Bid comparisons to the
Contracting Entity.

The price quoted on the presentation form of the Economic Bid shall be the total price of the bid, excluding any
discounts offered.

Prices quoted by the Bidder shall be fixed during the execution of the Contract and are not subject to variation on
any account, except as provided in the Data Process (DP).

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1.5 Bid Currency

The price in the Bid shall be expressed in the national currency (Dominican Pesos, RD$), except for contracts
supplied from outside of the country, which may be expressed in the currency of the country of origin.

1.6 Applicable Regulations

The Public Bidding procedure, the Contract and its subsequent implementation shall be governed by the Constitution
of the Dominican Republic, under Law 340-06 of Purchases and Procurement of Goods, Services, Construction and
Concessions, dated eighteen August (18) 2006 and its amendments contained in Law 449-06 dated December six
(06) 2006; by the Applicable Regulations issued by Decree 543-12, dated September six (06) 2012, by rules made
under it, as well as these specific Terms of Conditions to intervene.

All documents composed in the Contract shall be considered as mutually explanatory.

For the implementation of the regulations, interpretation or resolution of conflict or dispute, the following order of
precedence shall be followed:

1) The Constitution of the Dominican Republic
2) Law 340-06 on Purchasing and Procurement of Goods, Services, Construction and Concessions, dated
August 18, 2006 and its amendments contained in Law 449-06 dated December six (06) 2006;
3) Regulation on the Application of Law 340-06, issued by Decree 543-12, dated September six (06) 2012.
4) Specific Terms of Conditions.
5) The Bid and samples to be accompanied.
6) The Award.
7) The Contract.
8) The Purchase Order.

1.7 Judicial Jurisdiction

Any dispute, controversy or claim arising out of this document and / or the Contract to intervene, their defaults,
interpretations, judgments or annulments will be submitted to the Administrative Court under the procedure
established in the Law 13-07, dated February five (05) 2007 established by the Tax, Administrative and Disputes
Tribunal. Similarly, by mutual agreement between the parties, the procedure of Commercial Arbitration of the
Dominican Republic may be evoked, in accordance with the provisions of Law No. 479-08, dated December thirty
(30) two thousand and eight (2008).

1.8 Advertising

The invitation to submit offers in PUBLIC BID PROCEDURE shall be made by a publication in at least two (02)
national newspapers for a period of two (2) consecutive days.

The invitation to submit offers in this National Public Bid shall be effected by posting notices on the website of the
institution, for a period of two (2) consecutive days.

In the Declaration of Desert of the Process, the Contracting Authority may reopen giving a deadline for submission
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of Proposals of up to fifty percent (50%) of the term of the failed process.

1.9 Stages of the Call

The call can be Single or in Multiple Stages

Single Stage:
When comparing the offers and the quality of the Bidders is performed in a single act.

Multiple Stages:
When the Technical Bids and Economic Bids are evaluated in separate steps:

Stage I: It starts with the process of delivering the "Envelope A", that contain the Technical Bids, accompanied by
samples, if appropriate, in a public ceremony in the presence of a Public Notary. It concludes with the evaluation of
Technical Bids and Order issued by the Procurement and Contracting Committee based on the results of the Award
Process.

Stage II: It begins with the opening and reading of Economic Bids contained in "Envelope B", which were held in
custody and were enabled in the first step of the process, in a public ceremony in the presence of Public Notary and
concludes with the Resolution of Award to Bidders / Proposers.

1.10 Contracting Authority

The competent administrative body for the recruitment of property to be acquired is the Contracting Entity in the
person of the Highest Executive Authority of the institution.

1.11 Attributions

The powers of the Contracting Entity, without limitation, are as follows:

a) Defining the Administrative Unit will have technical responsibility during the negotiation.
b) Appoint Experts.
c) Determine roles and responsibilities for staff and unit linked to the process.
d) Cancel, suspend, declare void or invalid, part of/or the whole Bid, for reasons it deems appropriate.
Consequently, they can make other Contracts in the Terms of Conditions they determine.

1.12 Authority Responsible of the Process

The Authority responsible for the Public Bidding procedure is the Procurement and Contracting Committee. The
Procurement and Contracting Committee is composed of five (05) members.

The highest ranking officer of the institution, or who he designates, who shall preside him;
Financial Managing Director of the company, or who he delegates;
The Legal Adviser of the organization, who will act as Legal Counsel;
The Head of the Planning and Development or its equivalent;
The person responsible for the Office of Free Access to Information.
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1.13 Extent of Responsibilities

The Procurement and Contracts Committee is not obliged to declare enabled and / or Awarded to any Bidder /
Proposer who submitted their credentials and / or bids, if they do not demonstrate that they meet the requirements
set out in the Terms of Reference.

1.14 Corrupt or Fraudulent Practices

Corrupt or fraudulent practices that are within the Penal Code or the Inter-American Convention against Corruption,
or any agreement between proponents and third parties, which establish restrictive competitive practices, will
determine causal rejection of the proposal at any stage of the selection process, or termination of the Contract, if it
already has been concluded. In the above definitions, the following shall apply:

a) "Corrupt Practice", the offering, giving, receiving or soliciting of anything of value to influence the action
of a public official or to obtain an undue advantage over the procurement process or contract execution.

b) Prctica Fraudulenta, es cualquier acto u omisin incluyendo una tergiversacin de los hechos con el
fin de influir en un proceso de contratacin o en la ejecucin de un Contrato de obra pblica en perjuicio
del contratante; la expresin comprende las prcticas colusorias entre los licitantes (con anterioridad o
posterioridad a la presentacin de las ofertas) con el fin de establecer precios de oferta a niveles artificiales
y no competitivos y privar al contratante de las ventajas de la competencia libre y abierta, coercitivas y
obstructiva.

c) "Fraudulent Practice", is any act or omission including a misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of public works Contract; this includes
collusive practices among bidders (prior to or after submission of bids) in order to establish bid prices at
artificial, non-competitive levels and to deprive the bidder of the benefits of free and open, coercive and
obstructive competition.

1.15 Of the Bidders/ Skilled and Unskilled Proposers

Any natural or juridical, domestic or foreign person, who acquired the specific Terms of Conditions Document, shall
be entitled to participate in this bidding, provided they meet the conditions and are not affected by the system of
prohibitions set out in these Terms of Conditions.

1.16 Prohibition on Hiring

The individuals or commercial companies listed below may not participate as Bidders / Proposers, directly or
indirectly:

1) The President and Vice President; Secretaries and Deputy Secretaries of State; Senators and
Deputies of the Congress; Judges of the Supreme Court, other judicial courts of the Chamber of
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Accounts and the Central Electoral Board; Trustees and Aldermen of the City Councils of the
Municipalities and the National District; the General Comptroller and Deputy Comptroller; Budget
Director and Deputy Director; National Planning Director and Deputy Director; Attorney General's
Office and other members of the Public Ministry; National Treasurer and Assistant Treasurer and other
officers of first and second level of the hierarchy of institutions included under the scope of Law 340-
06;

2) The chiefs and deputy chiefs of staff of the Armed Forces, as well as the head and deputy of the
National Police;

3) Public officials with decision-making power or interference at any stage of the administrative
contracting;

4) All personnel of the procuring entity;

5) All relatives by consanguinity within the third degree or by marriage to the second degree, inclusive,
all officials for contracting covered by the ban, as well as spouses, domestic partners , persons
associated with similar relation of affective coexistence or with which they have fathered children, and
descendants of these people ;

6) Legal entities where the natural persons who relate the numerals 1 to 4 have an interest greater than
ten percent ( 10% ) of the capital , within six months preceding the date of the call ;

7) Natural or legal persons involved as advisors at any stage of the procurement procedure or that have
participated in the preparation of the technical specifications or respective designs , except in the case
of supervision contracts ;

8) Natural or legal persons who have been convicted by a sentence which has acquired the force of res
judicata for crimes involving dishonesty or against property , or bribery , embezzlement , influence
peddling , breach of trust , secret disclosure , insider information or crimes against public finances,
until a period has elapsed equal to twice the sentence. If the conviction was for a crime against public
administration , the prohibition to contract with the State shall be perpetual ;

9) Companies whose executives have been convicted of crimes against the state, crimes against the
public trust or crimes under international conventions to which the country is a signatory;

10) Natural or legal person that are found disqualified under any judicial ordainment;

11) People that give false information or participate in illegal or fraudulent activities related to the
procurement;

12) The natural or legal persons who are administratively sanctioned with temporary or permanent
disqualification from contracting with public entities in accordance with the provisions of this Act and
its regulations;

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13) Natural or legal persons who are not up to date with their tax obligations or social security, in
accordance with current regulations established;

PARAGRAPH I: For the officials referred to in Paragraphs 1 and 2, the ban was extended to six (6) months after
leaving office.

PARAGRAPH II: For people included in Paragraphs 5 and 6 relating to personnel referred to in Paragraph 3, the
prohibition shall apply in the area of the institution in which the latter serve.

In addition to the provisions of Article 14 of Law 340-06 and its amendments, Bidders who have been temporarily
or permanently disabled by the General Directorate of Public Procurement in its capacity as the Governing Body of
the system may NOT be bidders or contract with the Dominican State. In the case of temporary disqualification, the
ban will be by the time established by the Governing Body. Nor may they contract with the Dominican government
suppliers that have not updated their data in the State Register of Providers.

1.17 Demonstration of the Capacity to Hire

Bidders / Proposers must demonstrate that:

1) They are not foreclosed, bankrupt or in liquidation; their businesses have not been placed under
judicial administration and commercial activities have not been suspended nor have they begun legal
proceedings against you for any of the foregoing pleas;

2) They have complied with their tax and social security obligations;

3) Have met other conditions of participation specified in advance in notices of these Terms of Conditions;

4) They are legally established and domiciled in the country, in the case of national government
purchases;

5) That the social purposes are consistent with the contractual object;

6) That neither they nor their managers have been convicted of an offense concerning their professional
conduct or false statements or misrepresentations as to their qualifications to sign an awarded
contract.

1.18 Legal Representative

All documents submitted by the Bidder / Proponent within this Bid shall be signed by him or her, or Legal
Representative, duly authorized.

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1.19 Authorized Agents

Each Bidder / Proposer, before performing their your first consultation , may appoint up to three ( 3) individuals who
may act jointly and separately as its Authorized Agents for the purposes of the Bid . The designation of Authorized
Agents must be made by written agreement with the model of Letter of Designation or Substitution of Authorized
Agents and model of Letter of Acceptance of Appointment as Authorized Agents, both models are attached to this
Terms of Conditions communication.

Authorized Agents are the only persons authorized by the Bidder / Proposer to perform all queries relating to the
bidding process and receive, with binding effect, on behalf of the Bidder / Proponent, all newsletters and / or
Amendments that the Procurement and Contracting Committee formulates.

The Bidder / Proposer may replace and revoke the appointment of any Authorized Agent, or change their address,
phone, fax, email, etc., by written notice in accordance with the model of the Letter of Designation or Substitution of
Authorized Agents and model Letter of Acceptance of Appointment as Authorized Agents. The replacement of one
or more Authorized Agents or change of address, phone, fax, email, etc., will be valid from the date of receipt by the
Procurement and Contracts Committee of the letters listed above. The replacement of one or more Authorized
Agents will not require the consent of the Authorized Agent (s) substituted.

1.20 Rectifications

For the purposes of the present Public Bidding process, it is considered that a Bid substantially conforms to the
Terms of Condition, when they are consistent with the terms and specifications of these documents, without material
deviation, reservation, omissions or significant errors. The absence of requirements for the credentials of providers
is always correctable.

The determination of the Contracting Entity that a bid conforms substantially to the Bid documents will be based on
the contents of the Bid itself, without having to resort to external evidence.

When errors or omissions of rectifiable nature are concerned, generally those that do not affect the principle that
the Offers must substantially comply with the Terms of Reference, the Contracting Authority may require that, in the
short term, the bidder / Proponent provide the missing information.

When the appropriate opportunity to correct errors or omissions proceeds, it shall be construed in all cases under
the understanding that the Contracting Entity has the possibility of having the greatest possible number of valid bids
and be able to prevent, for inconsequential formal matters, that it is deprived to opt for serious and convenient offers
from the point of view of price and quality.
Any correction that alters the substance of an offer to be the better will not be considered a correctable error or
omission.

The Contracting Authority will reject any bid that is not substantially responsive to the Terms of Reference.
Subsequent corrections that allow any bid, which initially did not comply with this Specification, will not be accepted.

16

1.21 Arithmetic Corrections

For purposes of rectifications, arithmetic errors will be corrected as follows:

a) If there is a discrepancy between a partial amount and the total amount obtained by multiplying the partial
quantities, the partial amount will prevail and the total amount will be corrected.
b) If the discrepancy results from an addition or subtraction error, we will proceed similarly; ex: prevailing
partial amounts and correcting the totals.
c) If there is a discrepancy between words and figures the amount in words shall prevail.
d) If the Bidder does not accept the correction of errors, the bid will be rejected.

1.22 Guarantees

Bidders / Proposers must submit the following guarantees:

1.22.1 Bid Bond Guarantee

Corresponding to one percent (1%) of the total amount of the Bid.

PARAGRAPH I. La Garanta de Seriedad de la Oferta ser de cumplimiento obligatorio y vendr incluida dentro de
la Oferta Econmica. La omisin en la presentacin de la Oferta de la Garanta de Seriedad de Oferta o cuando la
misma fuera insuficiente, conllevar la desestimacin de la Oferta sin ms trmite.

PARAGRAPH II. The Bid Bond Guarantee will be binding and will be included in the Economic Bid. Failure in
submission of the Bid Bond Guarantee, or when it is insufficient, will lead to the outright rejection of the offer.

1.22.2 Performance Bond Guarantee

The bidders whose contracts exceed the equivalent in Dominican Pesos of Ten Thousand Dollars of the United
States of America with 00 /100 ( $ 10,000.00 ) , are required to provide a Bank Guarantee or Bonding Policy from
a recognized insurance company in the Dominican Republic , with the conditions of being unconditional , irrevocable
and renewable ,within five (5) working days from the notification of the award , in the amount of four percent (4%)
of the total amount of the contract to intervene , available to the Contracting Entity , whatever may have been the
method and form of Award . It must be issued by a bank of recognized standing in the Dominican Republic.

The non-appearance of the Awarded to constitute the Performance Bond Contract shall be understood that they
have renounced the Award and we will proceed to the execution of the Performance Bond Guarantee.
When there is a refusal to constitute a Performance Bond Guarantee Contract, the Contracting Entity, as Body of
Execution for the Contract, will notify the Adjudication of lines corresponding to the Bidder who would have obtained
the following position in the allocation process, according to the Occupied Report Places. New Bidder will deposit
the Guarantee and sign the contract according to the term which will be subscribed by formal communication by the
Contracting Entity.

17

1.23 Return of the Guarantees

a) Bid Bond Security: Both the Contractor as well as other participant bidders once integrated performance bond
contract.

b) Performance Bond Guarantee and Posterior Guarantees: After the liquidation of the contract is approved, if
responsibilities involving the execution of the Guarantee did not result and within the same elapsed, its return
will be ordered.

1.24 Consults, Newsletters and Amendments

Interested parties may request the Contracting Entity for clarification on the Terms of Reference, up to the date that
matches FIFTY PERCENT (50%) of the deadline for submission of bids. The queries are to be formulated by the
Bidders, their legal representatives or agents authorized in writing, addressed to the Operations Procurement and
Contracting Unit within the deadline, who will be in charge of providing the answers in conformity to their nature.

1.25 Address

Consultations will be addressed to the Procurement and Contracting Committee, to the following address:

PROCUREMENT AND CONTRACTING COMMITTEE
Center for Export and Investment of the Dominican Republic, CEI-RD
Reference: CEIRD-CCC-LP-01-2014
Address: 27 de Febrero esq. Gregorio Lupern
Phone No.: 809-530-5505 Ext. 238

The Operational Procurement and Contracting Unit will have to issue explanatory clarifying newsletters to be able
to answer the consults. The newsletters will be issued only with the questions and answers, without identifying who
consulted, at a no later date than SEVENTY-FIVE PERCENT (75%) of the deadline for the submission of Bids and
shall be notified to all Bidders who have acquired the Terms of Reference and published in the institutional portal
and in the one managed by the Governing Body.

1.26 Newsletters

The Procurement and Contracting Committee may issue newsletters to respond to the queries raised by the Bidders
/ Proposers regarding the content of these Terms and Conditions, forms, and other newsletters or annexes. The
Newsletter will be made known to all Bidders / Proposers.

Section II
Data Process (DP)

18

2.1 Purpose of the Call

The object of this call is to hire a consulting firm in accordance with the conditions specified in the Terms of
Reference.

2.2 Selection Procedure

Once the bids are submitted to the Evaluation Commission, the confidential process of evaluation will begin. It will
not be disclosed to Bidders or any person not officially concerned with the process, or information related to the
examination, evaluation, comparison and post qualification of the bids or on the recommendation of the awarded
contract until it has been issued on the final award recommendation report.

2.3 Source of Funds

The Center for Export and Investment of the Dominican Republic, in accordance with Article 32 of Regulation 543-
12 on Purchases and Procurement of Goods, Services and Works, has taken the necessary proactive measures in
order to ensure the ownership of corresponding funds that will sustain the payment of all property and assets
acquired by the present bidder. Items of funds scheduled for delivery will be properly specialized for such purposes,
to the effect that the terms of the contract does not undergo any change during the time of execution

2.5 Schedule

Bid Schedule

ACTIVITIES PERIOD OF EXECUTION
1. Publication called to participate in the Bid.
Publication on 2 Newspapers of National
Circulation.

Upload Bid and Terms of Conditions to the
CEI-RD website
(www.ceird.gov.do) and the website of the
General Directorate of Public Procurement
(www.comprasdominicana.gov.do)

On ____________

2. Acquisition of the Specific Terms of Conditions. Va:
1) CEI-RD website:
www.cei-rd.gov.do
19

2) General Directorate of Public
Procurement website:
www.comprasdominicana.gov.do

3. Period for consultation by the acquirers. 50% of the deadline to present the Bids.

From __________ 2014 to ________ 2014.

4. Deadline to emit a reply to the Procurement and
Contracting Committee, by newsletters or
amendments.
Not beyond the date within 75% of the period
for submission of bids.

From _______2014 until _______ 2014.

5. Reception of Proposals. Envelopes A and B.

30 working days starting the date of the last
publication.

From _______2014 until _______ 2014.
.

6. Opening of Envelop A, Technical Proposal __________2014
7. Verification, Validation and Evaluation of the content
of the technical proposals in Envelope A.
10 working days after the opening of Envelop
A.

From ____________2014 until _______2014
8. Notice of errors or omissions of remediable nature. 3 working days starting after verification,
Validation and Evaluation of the content of the
technical proposals in Envelope A.

From ________ to ________ 2014.

9. Deadline for correction of errors or omissions. 5 working days after notice of errors or
omissions of remediable nature.

From _______ 2014 to _________2014.

10. Period of consideration for amendments 5 working days after deadline for correction of
errors or omissions

From _______ 2014 to _________2014.
11. Issuance of final evaluation report of the Technical
Bids in Envelope A.
__________ , 2014.

20

12. Opening of Envelop B, Economic Bid _________2014
13. Verification, Validation and Evaluation of the content
of the technical proposals in Envelope b.
5 working days after the opening of Envelop
B.

From _______ 2014 to _________2014
14. Presentation of the report with recommendation for
the Award.
_________ 2014.
15. Verification and Validation of the recommendation for
the Award.

3 working days after the presentation of the
report with recommendation for the Award.

From _______ 2014 to _________2014
16. Notification and Publication of th Award. ____________, 2014.
17. Deadline for the constitution of the Performance
Bond Guarantee

5 working days after the notification and
publication of the Award.

From _______ 2014 to _________2014
18. Subscription of the Contract. 20 working days after the notification of the
Award.

From _______ 2014 to _________2014.

19. Publication of the Contract on the website of the
institution and the portal managed by the Governing
Body.
Immediately after it has been signed by both
parts.

2.6 Availability and Acquisition of the Specific Terms of Conditions

The List of Specific Terms of Conditions will be available to anyone who requests it, in the headquarters of the CEI-
RD, located on Ave 27 February esq. General Gregorio Luperon, between the hours of 8:30 am to 4:30 pm,
on the date indicated in the Schedule of the Notice and on the institutional website and the website managed by the
Governing Body, for all interested.

2.7 Knowledge and Acceptance of Terms of Reference

21

The fact that a Bidder / Proposer participates in the competition implies full knowledge, acceptance and submission
by him, its members, officers, Legal Representative and Authorized Agents, procedures, conditions, stipulations and
regulations, without exception, established in the Terms of Reference, which are legally binding.

Terms of Reference (TOR)
Consult for the implementation of Market Research, Supply and Entry of Agricultural and Agro-Industrial Products
in the state of New York, USA, under the DR -CAFTA in a first phase, and a second phase in the attainment of this
same study for the state of Florida under a single contract.

I. Background
The Center for Export and Investment of the Dominican Republic (CEI- RD), created by Law No. 98-03, is the entity
in charge of promoting and encouraging exports and investment in order to drive a competitive insertion into the
international markets. In fulfilling its objectives, the Center is presenting the development of the following consult:
Market Research, Supply and Entry of Agricultural and Agro-Industrial Products in the state of New York and the
state of Florida, of the United States of America, under the DR -CAFTA (hereinafter "the consult" or by its full title),
in agreement between the CEI-RD and the National Supermarkets Association (NSA), as of January fifteen (15),
two thousand and thirteen (2013). The object of the agreement is described in the first (1
st
) Article as follows:

1.1 Assist in the development of strategies to promote and re-launch the agricultural and agro-
industrial products, beverages, and any other of the various productive sectors of the Dominican
Republic.
1.2 Promote initiatives of training and actions to be able to optimize the performance and improve
the competitiveness of Dominican producers and products.
1.3 Identify niches, markets and business opportunities and promote through various activities at
national and international levels the facilities of doing business in the country, especially under the
Free Trade Agreement between the Dominican Republic -Central America- United States of
America (by its acronym known as DR- CAFTA), thereby facilitating the recruitment and
establishment of new companies in this sector, and increasing their exports. "

In this sense, by the agreement before mentioned, the Center for Export and Investment of the Dominican Republic
(CEI- RD) commits itself to conduct a consult, in the states of New York and Florida that identifies niche markets,
the challenges of entry, specific proposals to facilitate the current obstacles at hand. Also, specifying products,
volumes, current and suggested prices and any other information deemed pertinent to be able to reach the objective
of this Agreement.

In view of the purpose intended, it is precise to determine the Terms of Reference (TOR) that describe the necessary
elements to be able to hire a short term consultancy that will formulate, in the first phase, the Market Research of
Supply and Entry of Agricultural and Agro-Industrial Products in the state of New York, of the United States of
America, under the DR -CAFTA. The consult will have as a reference a research that was conducted by the Bureau
of Foreign Trade (DICOEX) of the Ministry of Industry and Trade, by means of an international consultancy, about
the market for agricultural and agro-industrial products in the city of New York, under the DR CAFTA in the year
2011, and other studies that were conducted previously. This research is intended solely as frame of reference, not
actual input for the consultancy in question. Additionally we will proceed to elaborate a similar study for the state of
Florida, in a second phase posterior or parallel to the first phase, under the same contract and within the duration
of the Agreement.

22

II. Objectives
The goal of this consult is to conduct a Market Research, Supply and Entry of Agricultural and Agro-Industrial
Products in the state of New York in a first phase, and the development of a study with the same content for the
state of Florida in a second phase. This will serve as a model export promotion strategy for Dominican products to
both markets as well as identify current challenges to be able to export competitively, include punctual solutions,
recommendations and plan of work.

In this sense, the main goal of the consult is to identify the main barriers that prevent the commercialization of
Dominican products in the states of New York and Florida, in order to propose solutions and path to be taken in
order to reach the expected results. Consequently, raising initiatives to eliminate or reduce these barriers to the
lowest terms and establish a roadmap to enable a successful deployment and scope of the expected results in order
to optimize the marketing of Dominican products, ensuring their competitiveness.

In addition, the results obtained from this study will be used by the Dominican Government to be able to apply the
correct solutions and that the marketers in New York and Florida can be in direct contact with the producers,
middlemen and exporters so that they can negotiate directly with them or through the CEI-RD.

Similarly, part of the implementation of the recommendations resulting from the consult seeks to create certification
programs for quality and training aimed at improving the competitiveness of domestic producers. These programs
will be focused on existing rules and regulations that are required for the agricultural products that seek to be
positioned or inserted in the U.S. market and that are necessary for Good Agricultural Practices (GAP) and Good
Manufacturing Practices (GMP), among other high standards.

II. Scope of Work
An interdisciplinary team that complements academic, technical and professional experiences, should develop this
research, in order to effectively meet the specificities of the different aspects related to the required of the market
study.

The consult that will be developed for the state of New York will be analyzing the nine products, as reference only
and not limited to, identified in the 2011 study, are as follows : Avocados ( Hass and green Peel ); Peppers ( all
varieties , especially Anaheim, Habanero and Cubanelle ) and Bell Peppers ( red, yellow , orange and green);
Japanese Pumpkin ( Kabocha ), Papaya ( Sunrise and Maradol varieties ); Mangos (Kent, Keitt and Tommy Atkins);
Pineapples (Golden MD-2 ) Greenhouse Tomatoes ( Grape , Meaty , in branches and Cherry) , Tannia (Lilac,
Malanga Coco and White ) and Yucca . These products listed are without limitation, considering that a total of 20 to
30 initial products with export potential must be analyzed. Similarly, in the study for the state of Florida an analysis
of 20 to 30 initial products with export potential for that market should be performed so that the products with
immediate export potential can be determined.

The consult should include the following sections to be developed in conformity to the state of New York and the
state of Florida, as an object of study:

Section I. Evaluation of the potential market that the state of New York and the state of Florida have for Dominican
agricultural and agro-industrial products.
Section II. The legal disposal and applicable procedures for the commerce of the agricultural products of this study.
Section III. Identify the supply of Dominican agricultural and agro-industrial products.
23

Section IV. Commercial exchange with the countries that have signed the DR- CAFTA and the performance of the
agricultural and agro-industrial sector in the Dominican Republic.
Section V. Identify the obstacles that could impede the trade of Dominican products in the states of New York and
Florida.

As a minimum, the consult will comprise the following criteria according to the sections identified above, namely:
1. Definition of market characteristics (determine tastes and preferences of consumers).
2. Analysis of the demand for agricultural and agro-industrial products and its seasons.
3. Choice of the Target-Market.
4. Competitiveness of the products in different segments.
5. Types of support strategies for promotion and its costs.
6. Case study for the demand of specific products.
7. Apply benchmarking and other comparison tools as well as the exposition of successful cases of insertion
in these markets.
8. Analysis of the evolution of prices and its elasticity.
9. Determination of the logistical aspects of the market.
10. Description of distribution and marketing channels for the products.
11. Definition Sanitary and Phytosanitary Measures (SPS) and access ports.
12. Diagnostic of exploited and exploitable land potentially available for the cultivation of the studied products.
13. Entrance and exit barriers in ports and airports in the Dominican Republic as well as the states of New
York and Florida, including processes and procedures.

Additionally, a complete analysis should be performed of all costs involved in the export process, including: average
costs for containers of different sizes for sea and air transport, average cost of empty box valued, average amount
of fruits/products per box, cost of packaging per box, freight, staples and labels, fumigation of the container, Ethylene
control bags, land transport for local dock, other costs (fuel, etc.) costs of Clearing in customs and any other related
costs , dock transport in Tri- State area to the warehouse distributor or wholesaler , and average benefits for the
distributors and wholesaler companies that currently provide these services, taking into consideration that some
aspects may vary depending on the type of product.

The recommendations of the consult will contain a training plan designed in virtue of the outcome of the consult and
the sales forecast for Dominican products in the markets investigated, to be able to implement the results of the
study with satisfaction. The consult should also describe the role the NSA will have according to the results of the
consult, describing its operational strategy, strengths and opportunities.

Also, each of the sections shall clearly contain the methods and techniques used, as well the objectives to be able
to meet the requirements of those sections, establishing solutions to situations that may be considered obstacles to
implementation.

III. Activities to be performed in the consult
To be able to reach the proposed objectives, the following tasks should be performed:

24

Identify the main problems concerning access for the Dominican agricultural exports to the markets of the
state of New York and the state of Florida. Propose solutions including the strategy to be developed.
Conduct consultations with national exporters to identify barriers, based on their experiences, to access to
the U.S. market.
Conduct field research that includes interviews and surveys to the consumers and vendors of the markets
that are under consideration. Consider the different profiles such as gender and age range.
The consultant will outline a certification program aimed at farmers and focused on quality control of
products and packaging. The same could be taught as part of the training and implementation program
based on the results of the study.
Identify the harvest seasons of the products chosen to be able to propose the implementation of a
promotional campaign in the agricultural mainstream media, based on seasonal consumption as well as
current news and events.
All the necessary activities, efforts and initiatives that are needed to reach the objectives of the consult.

The CEI- RD and the NSA will give the necessary support to the consulting firm, to provide the knowledge they have
on the market and the consumer and serve as supervisors in the drafting of the consult. Additionally, they will provide
relevant knowledge of public or private domain to improve and optimize the results of the study to be able to identify,
prioritize and ensure export business opportunities.

IV. Expected Outcomes
1. Timeline of work, methodology to be used, and design of the sample frame.
2. Analysis on the new rules and regulations regarding traceability of agricultural products, indicating:
a. Improvements in the presentation and packaging of agricultural products for export.
b. Detailed report about the new safety provisions created by the federal authorities of the United
States with the creation of the new department of Food Safety.
c. Proposed mechanisms to promote products to the potential markets under study (ex: establishment
of clusters or similar initiatives).

3. Analysis of the challenges and obstacles faced by the Dominican products identified in the consult to be
able to achieve its positioning in target markets, as well as the weaknesses they present, whether it is the
responsibility of the exporter or the Dominican State, to be able to indicate possible solutions, and later
submit a report containing a plan of action and timeline of work to be executed.
4. Marketing and promotion plan for the agricultural products focused on their peak period, and an indication
of the important events in the U.S. market.
a. Analysis of impact of advertising campaigns of selected products, the promoting countries and
partnerships driving these campaigns.
b. Report containing the results of the analysis about the situation of the market, containing general
characteristics and potential buyers, segmented by type of user.
5. Preliminary report detailing the supply and demand of the products in the study.
a. Demanded volumes and seasonality of the products by the retailers and wholesalers.
b. Analysis of prices and product packaging.
6. Proposal for the implementation of a national certification program that seeks to improve the quality of these
agricultural products for export to the United States of America, their handling, as well as Good Business
Practices (BPN).
7. Training timeline based on the results of the consult based of the demand.
25

8. Plan of action to be performed by the NSA as an Association, to achieve the specific business opportunities
identified in the study as well as a proposal of recommendations.
9. General recommendations and areas that need improvement.

The expected outcomes should be delivered by the following schedule, as well as the payment to be made for each
of the stages outlined below, as soon as the document is received and approved in agreement by the CEI- RD:

Stages Percentages
1. Work schedule and methodology 10%
2. Partial report on the New York study 20%
3. Final report on the New York study. 25%
4. Partial report on the Florida study. 20%
5. Final report on the Florida study 25%

The expected outcomes with regards to the consult of the states of New York and Florida may be delivered
simultaneously, according to the percentages set.

V. Institutional Arrangement
The consulting firm will be hired by the Center for Export and Investment of the Dominican Republic (CEI- RD) after
the bidding process. The execution will be supervised in coordination with the Senior Management Export Team of
the CEI- RD, who will be responsible for coordinating the activities that are contemplated in the Terms of Reference,
the receipt and approval of invoices and deliverables, and the acceptance and approval of reports or other items to
be provided. The Executive Director of the CEI- RD reserves the right to modify this delegation and include other
people responsible. The CEI- RD will indicate the conditions of payment for each deliverable.

All preliminary and final documents should be presented to the CEI- RD for approval. The CEI- RD, as the contracting
authority may request the Contractor to hand in progress if needed, as well as follow-up meetings that may be
conducted in person or online, according to the considerations taken by the CEI- RD.

All reports should be submitted in Spanish in three hard copies and an electronic version on a Compact Disk (CD)
and the text format Times New Roman" size 12. All of the database and documents used within the consul should
be handed in digital media.

VI. Duration of Work
The maximum period for the execution of the consult and presentation of the final reports will be sixteen (16)
consecutive weeks, from the date the contract is signed for the commencement of the study in the state of New York
and the state of Florida of the United States of America.

VII. Working Space
The contractor shall develop his work upon review and analysis of the existent documented information collected
by the advisor and from field interviews made to everyone involved on the specific topics of the consult, in the United
States of America and the Dominican Republic. The advisor will use as the CEI-RD and the NSA as part of his
source of information.
26

The national companies that participate on the bidding will have to demonstrate their capacity to execute the study,
understanding that a great part of the necessary field information should be obtained directly on the United States.

The presence of the team leader could be required by the CEI-RD for the necessary work meetings.

VIII. Guarantees
Bid Bond Guarantee
The bid bond guarantee for legitimacy of the Bid shall be included within the Economic offer, at the moment that the
offer is presented.
The bidder shall include as part of the Bid, a Bid bond guarantee for the amount in Dominican Pesos (RD$), that
shall not be inferior to one percent (1%), of the total amount of the Bid, in accordance to Art. 112 (a) of the
Regulations for application approved by means of Decree No. 543-12.

The bid bond guarantee could consist, as per indications established by the contracting party, in some of the
following types:

a. Compromise Letter
b. Banking Guarantee
c. Insurance Policy

It should remain valid during a term no less than the period of legitimacy of the Bid, or the extended period, if it
applies.

Failure to provide the bid bond guarantee, or in the case that this results insufficient, it will result in REJECTION of
the Bid without further delay.

The bid bond guarantee will be returned, as established on art. 121 (a) of the Regulations of application no. 543-12
to the awarded, as well as all other bidders, once the guarantee of the faithful performance of contract is integrated.
For this refund the contracting party will have a deadline of ten (10) days.
The contracting party will require the same guarantee from all the bidders, this way there will be no differences
established among the various bidders.

Guaranty of the Faithful Compliance of the Contract
The bidders are obliged to provide a performance bond contract within five (5) working days from the notification of
the adjudication, in the amount of FOUR percent (4%) of the total amount from the contract, to the disposition of the
Contracting Party, whatever may have been the method and form of contract. The same is refundable once the
requital of the Contracting Party is fulfilled.
The Guarantee of Faithful Compliance may consist, as per directed by the Contracting Party, in section II of the
BDS, in any of the following types:

a. Bank Guarantee or colateral.
b. Insurance Policy.

27

Guarantees of faithful compliance of the contract shall be returned to office, when they have been fulfilled to the
satisfaction of the Contracting Party, and when there is no pending application of a fine or penalty, according to
Article 121 of the Regulations of Application approved by Decree No. 543-12 for Purchases and Contracts.

Guarantee for the Advanced Payment Bond
Bidders are required to provide an Advanced Payment Bond, prior to delivery of the concept of progress or advance
by the Contracting Party, equivalent to the amount received by the renderer as an advance.

NOTE: For MIPYMES, the Faithful Performance Bond shall be ONE percent (1 %) of the total amount adjudicated.

IX. Professional Profile
Due to the extent of the topic, and tending to the requirements established for the development of the consult, the
consult may be developed by a team of up to three professionals whose educational background and
complementary work experience are related to the field of study. The team must designate a Team Leader and duly
notify the CEI-RD. In addition, other personnel may be used for gathering information in the field, whose expenses
are already contained within the cost of this consult.

The suggested qualifications of the professional team are specified below:

Expert 1:
a) Academic training in the areas of economics, marketing, industrial engineering, agriculture or related career,
preferably with Masters or Doctorate in areas relating to external trade, economy and / or commercial
international trade in a recognized institution.
b) Preferably more than ten (10) years of experience in activities related to international trade, project
formulation, preparation of market research, international trade negotiations and implementation of trade
agreement activities.
c) Demonstrated experience in the field of trade preferably in the North American market, particularly in New
York and Florida.
d) A proven ability to successfully design and execute technical market research involving the preparation and
subsequent dissemination of analytical documentation.
e) Preferably with knowledge about the positioning of the Dominican Republic in the framework of the current
trade negotiations , specifically the multilateral level (ex , the Doha Round ) , the bilateral and regional levels
(ex, Canada, Mexico , Taiwan, Cuba and MERCOSUR , etc.) , and a proper understanding of the
compatibility of such negotiations.

f) Experience in topics related to trade in agricultural and agro-industrial goods.
g) Knowledge of the NAFTA agreements, the DR- CAFTA, Costa Rica - Canada, and the Canada-Chile FTA,
and how they have been interpreted and applied since it went into effect.
h) Fluency in Spanish and English.

Expert 2:
a) Academic training in the area of economics, agriculture, industrial engineering, or related career, preferably
with a Masters or PhD in areas related to international trade, economics and / or international trade law in
a recognized institution.
28

b) More than ten years experience in topics related to agricultural exports and / or agribusiness.
c) Experience in the design and analysis of studies assessing market access schemes, particularly in matters
relating to technical barriers to trade, quality standards, etc.
d) Familiar with U.S. law and policy practice in market access and trade agreements.
e) Preferably with knowledge of the negotiations schemes of the Dominican Republic.
f) Fluency in Spanish and English.

Expert 3:
a) Academic training in the area of industrial , sanitary or food engineering, chemistry , biology, agricultural
sciences or international law , preferably with post -graduate studies by a recognized academic institution
.
b) Professional experience of at least eight years in the areas of plant health and / or animals, or quality
management of products of agricultural origin intended for foreign trade.
c) Demonstrate knowledge about the positioning of agricultural and agro-industrial exports from the Dominican
Republic destined for the international global market.
d) Experience in international trade negotiations, particularly on issues related to sanitary and phytosanitary
standards.
e) Demonstrated experience in studies and research on access issues related to markets for sanitary and
phytosanitary issues.
f) Knowledge of the rules of the WTO Sanitary and Phytosanitary matters and particularly on experiences and
relevant texts of the agreements of NAFTA , Canada -Chile , Canada - Costa Rica and / or DR -CAFTA.
g) Knowledge of the regulations of the United States in SPS.
h) Fluency in Spanish and English.

X. Evaluation Criteria

For the evaluation of the proposals submitted during the Bidding Process, the profiles of professionals who make
up the team, and the contents of the proposal submitted in compliance with the terms and procedures in the matter
shall be taken into account. To obtain the results we will be pondering up to a forty (40%) of the profile of experts
and a sixty (60%) to the technical proposal submitted, for a total of one hundred percent (100%) of accordance with
the criteria and values presented below. Proposals that meet a percentage of eighty percent (80%), inclusive, shall
be considered for the continuity of the process. This said, each section on the criteria evaluation of the technical bid
may not be less than ten (10) points.

A) Criteria of Evaluation of the Professional Profiles:

Expert 1:
Criteria Value
1. I. Academic Qualification 20 Points 20 points
PhD 20 points
Masters 15 points
College Graduate 10 points
II. General Experience 20 points
29

5-10 Years 20 Points
2-4 Years 10 Points
III. Specific experience and studies related to
Agricultural Trade and Agribusiness.
30 points
One job done in the area 10 points
Two jobs done in the area 20 points
Three jobs done in the area 30 points
IV. Experience with market research in the
United States, Central America and the
Caribbean.
20 points
One job done in the US, CA and Caribbean 10 points
Two jobs done in the US, CA and Caribbean 15 points
Three jobs done in the US, CA and Caribbean 20 points
V. Experience and Knowledge on International
Negotiations and Trade Agreements
10 points
Related work experience 5 points
Related work experience and study 10 points
TOTAL 100 points

Expert 2:
Criteria Value
PhD 20 points
Masters 15 points
5-10 Years 20 Points
2-4 Years 10 Points
20 points
Caribbean.
20 points
Two or more jobs done in the US, CA and
Caribbean
20 points
V. Experience in research or implementation of
programs related to technical barriers of trade
and quality standards.
20 points
One job related to technical barriers and quality
standards
10 points
Two or more jobs related to technical barriers and
quality standards
20 points
30

TOTAL 100 points

Expert 3:
Criteria Value
PhD 20 points
Masters 15 points
5-8 Years 20 Points
2-4 Years 10 Points
20 points
Caribbean.
20 points
Two or more jobs done in the US, CA and
Caribbean
20 points
V. Experience in health issues and quality
management of products of agricultural origin
20 points
A job in health and quality management of
agricultural products
10 points
One or more jobs in health and quality management
of agricultural products
20 points
TOTAL 100 points

B.) Criteria of Evaluation of the Technical Proposal

31

Criteria of Evaluation
D
o
e
s

n
o
t

C
o
m
p
l
y

(
0
)

V
e
r
y

U
n
s
a
t
i
s
f
a
c
t
o
r
y

(
2
5
)

U
n
s
a
t
i
s
f
a
c
t
o
r
y

(
5
0
)

S
a
t
i
s
f
a
c
t
o
r
y

(
7
5
)

V
e
r
y

S
a
t
i
s
f
a
c
t
o
r
y

(
1
0
0
)

P
o
i
n
t
s

Section I
Evaluation of the potential
market that the state of New
York and the state of Florida
have for Dominican agricultural
and agro-industrial products. 15
1 Methodology
2 Objectives

Section II
Legal and procedural
provisions applicable to trade
in agricultural products
covered by this study. 15
1 Methodology
2 Objectives

Section III
Diagnosis of the Dominican
supply of agricultural and agro-
industrial products. 15
1 Methodology
2 Objectives

Section
IV
Commercial exchange with the
signatories of the DR-CAFTA
and performance of the
agricultural and agro-industrial
sector in the Dominican
Republic. 15
1 Methodology
2 Objectives

32

Section V
Identification of barriers that
could impede or prevent trade
of Dominican products in New
York and Florida. 15
1 Methodology
2 Objectives

Does not Comply Unsatisfactory Satisfactory Points
Others
Criteria
Criteria
Criteria
Proposals of Action 25
1
Proposed mechanisms to
promote products towards
potential markets under
study
2
Plan for the Marketing and
Promotion of agricultural
products focused on their
peak periods, as well as
an indication of the
important events in the
U.S. market.
3
Proposal for
implementation of a
national certification
program that seeks to
improve the quality of the
agricultural products
meant for export to the
United States, handling
thereof and Good
Business Practices (BPN).
4
Training schedule
according to the results of
the study of demand.
33

5
Plan of action to be
performed by the NSA as
an Association, to achieve
the specific business
opportunities identified in
the consult as well as the
recommendations
proposed in the same
plan.
Strategies and Content

6
Definition of market
characteristics (determine
tastes and preferences of
consumers).

7
Analysis of the demand
for agricultural and agro-
industrial products and
their season.
8
Selection of the Target-
Market
9
Competitiveness of
products in different
segments.
10
The types of support for
promotion and their costs.
11
Study of the demand for
specific products.

12
Performing benchmarking
and other comparison
tools and exposure of
successful cases of
integration in these
markets.
13
Analysis of the evolution of
prices and elasticity.

14
Analysis of the impact of
advertising campaigns of
selected products,
countries and partnerships
promoters driving these
campaigns.
34

15
Description of distribution
channels and marketing of
products.
16
Presentation and
packaging of agricultural
products for export.
17
Definition of Sanitary and
Phytosanitary Measures
and ports of access.
18
Barriers of entry and exit
from ports and airports
both Dominican Republic
and the states of New York
and Florida, including
processes and
procedures.
19
Costs of the export
process
20 Certification Plan
21
Forecast of sales of
identified products.

22
Analysis of the new rules
and regulations regarding
traceability and safety of
agricultural products.

23
Determining logistical
aspects of the market.

Objectives

2.9 Presentation of Proposals

Bids shall be submitted in a sealed and labeled envelope with the following details:

NAME OF BIDDER
(Social Seal)
Signature of the Legal Representative
Centro de Exportacin e Inversin de la Repblica Dominicana
Reference: CEIRD-CCC-LP-01-2014
Address: Ave. 27 de febrero esq. General Gregorio Lupern
35

Phone No.: 809-533-0912

2.10 Place, Date and Time

The submission of proposals will be made in public session, before the Procurement and Contracting Committee
and the acting Public Notary, in the Centro de Exportacin e Inversin de la Repblica Dominicana, Located on
Ave. 27 de febrero esq. General Gregorio Lupern, at 9:00 a.m., the days indicated in the Schedule of the Call and
can only be delayed for reasons of Major Force or Fortuitous Event defined in this Terms of Reference.

The Contracting Entity will not receive envelopes that are not properly sealed and marked as required above.

2.11 Submission of the Documents Contained in "Envelope A".

The documents contained in the "Envelope A" must be submitted in an original copy and properly marked as
"ORIGINAL" on the first page of copy, along with three photocopies, duly marked, on its front page as "COPY.
The original and copies must be signed on each page by the legal representative, duly numbered and should be
sealed by the company.

2.12 Documents to Submit

1) Form for the Presentation of the Bid. (SNCC.F.034)
2) Form for the Delivery of the simple, if applicable..
3) National Register of Suppliers (RNP), issued by the General Directorate of Public Procurement.
4) Manufacturer's Authorization in cases that the Goods are not manufactured by the Bidder, if applicable
(SNCC.F.047)
5) Certification issued by the General Directorate of Internal Taxes (Tax Administration), which reveals
that the Bidder is up to date on the payment of their tax obligations.
6) Certification issued by the Treasury of the Social Security, where it is shown that the Bidder is up to
date on the payment of their obligations to Social Security.

2.13 Submission of the Documents Contained in "Envelope B".

A) Form for Presentation of the Economic Bid (SNCC.F.33), presented in One (1) original duly marked
"ORIGINAL" on the first page of the offer, along with three photocopies copies, duly marked, on its front
page as "COPY. The original and copies must be duly numbered, signed on each page by the legal
representative, and should be sealed by the company.

B) Bid Bond Guarantee. Corresponding to the Bid Bond Guarantee by the Local Bank or one percent of the
value of the offer.

l Sobre B deber contener en su cubierta la siguiente identificacin:

NAME OF BIDDER
(Social Seal)
36

Signature of the Legal Representative
Center of Export and Investment of the Dominican Republic
PRESENTATION: ECONOMIC BID
REFERENCE: CEIRD-CCC-LP-01-2014

Bids must be submitted solely and exclusively in the form designated for that purpose, (SNCC.F.033).

The Economic Bid shall be submitted in Dominican Pesos (RD $). Prices must be quoted to two decimal points
(XX.XX) that will have to include all the rates (foreign exchange), taxes and charges that apply, and be transparent
and implicit accordingly.

The Bidder shall be responsible and pay all taxes, duties, or charges that have been set by municipal, state or
government authorities, in and out of the Dominican Republic, related to goods and services to be provided.

The Bidder / Proposer that quotes in any currency other than the Dominican Peso (RD $), self-disqualifies to be
Awarded.

In order to cover the possible rate variations of the dollar exchange of the United States of America (U.S. $), the
Center for Export and Investment of the Dominican Republic may consider eventual adjustments, once recorded
values exceed five percent (5%) in relation to the awarded price or last application. The application of the adjustment
will be equal to or less than the changes in the official exchange rate of the U.S. dollar (U.S. $) published by the
Central Bank of the Dominican Republic, from the date of delivery of the Economic Bid.

In the event that the Bidder / Proposer that is Awarded requested a possible adjustment, the Center for Export and
Investment of the Dominican Republic is committed to respond within five (5) working days as from the date of
acknowledgment of receipt of the request made.

The application for adjustment does not change the Delivery Schedule of Quantities Granted; therefore, the Awarded
Bidder agrees not to alter the scheduled date of delivery of the Agreed Goods, under the plea expected plea to
respond the request.

Prices must not make alterations or corrections and should be given in the unit of measurement established in
the Economic Bid Form.

In the cases in which the Offer is constituted by several items, the Bidders / Proposers must quote only what
participants evaluated CONFORMLY in the technical evaluation process.

The adequacy of unit prices to unit measures is the responsibility of the Bidder / Proposer, considering the purpose
of awarding the price stated in the Economic Bid as the unit and valuing it as such on other Offers of same products.
The Procurement and Contracting Committee will not perform any conversion of unit prices if they are written in
different units than those requested.
37

Section III
Opening and Validation of Bids

3.1 Procedure for the Opening of Envelopes

Una vez pasada la hora establecida para la recepcin de los Sobres de los Oferentes/Proponentes, no se aceptar
la presentacin de nuevas propuestas, aunque el acto de apertura no se inicie a la hora sealada.

The opening of Envelopes will be performed publicly in the presence of the Procurement and Contracting Committee
and the acting public notary, at the time and place established on the Scheduled Timeline.

Once the time set for receipt of envelopes for the Bidders/Proposers has passed, submitting new proposals will not
be accepted, even though the opening act does not start at the scheduled time.

3.2 Opening of Envelope A", Technical Proposal:

The acting Public Notary shall open the Envelope A", in order of arrival, proceeding to verify that the
documentation contained therein is correct and according to the list that in effect will be delivered . The acting Public
Notary, shall initiate and seal each of the pages of the documents contained in the "Envelope A, stating therein
the amount of existing pages.

In case of any discrepancy between the relationship and actually presented documents, the authorized Public Notary
shall certify that fact in the notarized record.

The acting Public Notary will prepare the corresponding affidavit, including the observations made in the
development of the opening of the envelopes A, if any.

Once the acting Notary completes the act of reception, he/she will proceed to state the time of closing.

The affidavits will be available to Bidders, legal representatives or authorized agents, who must send their requests
through the Office of Access to Information (OAI) in order to obtain information.

3.3 Validation and Verification of Documents:

The Surveyors will proceed to the validation and verification of the documents contained in the mentioned "Envelope
A". For any questions about the information presented, you will be able to check, by means deemed appropriate,
the veracity of the information received.

Clarifications to a submitted offer will not be considered by Bidders if they are not in response to a request from the
Contracting Entity. The request for clarification by the Contracting Entity and the response shall be in writing.

38

Before conducting a detailed evaluation of the Envelope A " , the experts will determine whether each bid is
substantially responsive to these Specific Terms and Conditions; or if there are deviations, reservations, omissions
or errors of a correctable nature of any kind in accordance with the provisions in Section 1.21.

In cases where deviations, reservations, omissions or errors of correctable nature or type are present, Special
Surveyors will proceed in accordance with the regulations set forth in these Terms of Specific Conditions.

3.4 Evaluation Criteria:

Proposals must contain the necessary documentation, and be reliable enough to prove the following elements to be
verified under the criteria Complies / Does Not Comply:

Eligibility: That the promoter is legally authorized to do business in the country.

Technical Capacity: That all goods meet the characteristics specified in the Technical Data Sheets.

3.5 Approval Phase:

After all envelopes under "Envelope A" are received, we shall proceed to the evaluation of the samples, if
applicable, according to the specifications required in the Technical Data Sheets and the pondering of the
documentation requested for this purpose, under the criteria Complies / Does Not Comply.

In order for a Good to be considered, you must comply with each and every one of the features contained in the
mentioned Sheets. That is, the non- compliance of the specifications, involves the disqualification of the Offer and
the declaration of NON-CONFORMING Good offered.

The Inspectors draw up a report in which performance or non-compliance of Technical Specifications of each of the
goods offered, under the criteria Complies / Does Not Comply is indicated. In the case of non-compliance we will
indicate the reasons, individually.

The Inspectors shall issue a report to the Procurement and Contracting Committee on the results of the evaluation
of the Technical Proposals in Envelope A, for the purposes of a final recommendation.

3.6 Opening of the Envelope B" containing Economic Proposals:

The Procurement and Contracting Committee will start the bid, by opening and reading of the Economic Bids
"Envelope B" according to the indicated time and place.

Only Economic Offers of the Bidders / Proposers that have resulted enabled in the first stage of the process shall
be opened. The others will be returned unopened. Similarly, only the lines that have resulted in COMPLIES will be
read under the process of evaluation of Technical Bids.

At the time stipulated in the Schedule of the Bid, the Legal Adviser of the institution, in their capacity of Legal Advisor
to the Procurement and Contracting Committee, will make formal delivery to the acting Public Notary in the presence
39

of the Bidders of the Economic Proposals, of the " Envelope B " which were kept under their custody, to begin the
process of opening and reading them.

In a public ceremony and in the presence of all concerned, the acting notary shall open and read the Economic Bids,
certifying its contents, sealing and initializing each page contained in the "Envelope B".

Observations relating to the Offer being read should be performed at the same moment, raising hands to speak.
The acting Notaries shall proceed to record all incidents raised during the reading.

After the reading of the Offers, the acting Notary shall proceed to invite the Legal Representative or Authorized
Agents of the Bidders / Proposers to make their views known; in case of compliance, we will proceed to the closing
ceremony.

Externalization of personal or derogatory opinions against any participating bidders will not be permitted to anyone
present.

The Bidder / Proposer or their representative that takes the stand during the bid without being licensed or
externalizes opinions disparaging reviews of any company or product, shall be punished by the withdrawal of his
presence, to maintain order.

In case of discrepancy between the bid submitted on the corresponding form (SNCC.F.033) duly received by the
acting Notary and reading thereof, the written document shall prevail.

The acting Public Notary will draw the corresponding affidavit, including the observations made in the development
of the opening ceremony, if any, by the Legal Agents or Authorized Representatives of the Bidders / Proposers. The
affidavit shall be accompanied by a photocopy of all bids submitted. These affidavits will be available for Legal
Agents or Authorized Representatives of the Bidders / Proposers who may be able to obtain them sending their
request through the Office of Access to Information (OAI).

3.7 Confidentiality of the Process

Information relating to the examination, clarification, evaluation and comparison of Bids and recommendations for
the award of Contract may not be disclosed to Bidders or other persons not officially concerned with such process
until the name of the Bidder has been announced. Any attempt by a Bidder to influence processing of Bids or award
decision by the Employer may result in rejection of the Bidder's Bid.

3.8 Term for the Maintenance of the Bid

Bidders / Proposers must maintain the Bids for thirty working days from the date of the opening ceremony. If he
does not manifest in his desire not to renew the offer with a minimum of five working days of the closing date, the
Bid would be automatically extended by the same original term or one fixed by the Contracting Entity and so on.

The Contracting Entity may exceptionally request Bidders / Proposers an extension before the expiration of the
period of validity of their bids, indicating the period. Bidders / Proposers may refuse the request, considering
therefore that they have withdrawn their offers, whereby the Procuring Entity shall return of the Bid Bond Guarantee
and Bid made. Those who consent will not be able to modify their Bids and shall extend the period of the Bid Bond
Guarantee constituted opportunely.
40

3.9 Evaluation of the Economic Bid

The Procurement and Contracting Committee will evaluate and compare only the Bids are substantially in
accordance with the present Terms and Specific Conditions, at the discretion of the best offered price.

Section IV
Award

4.1 Award Criteria

The Procurement and Contracting Committee will evaluate offers in compliance with the principles of transparency,
objectivity, economy, speed and others, regulating contractual activity, and communicated in writing to the Bidder /
Proponent resulting favored. To this effect, more favorable economic and technical factors are taken into account.

The award will be decided in favor of the Bidder / Proposer whose proposal meets the requirements and is rated as
the most suitable for the institutional interests, taking into account price, quality, and other conditions set forth in
these Terms of reference.

If you submit a single bid, it shall be deemed and shall give the Award if having complied with the requirements in
the Terms of Reference, is considered desirable in the interest of the institution.

4.2 Draw Between Bidders

In case of a tie between two or more Bidders / Proposers, we will proceed to make a proportional distribution
among Bidders / Proposers tied, if possible. If not accepted by one or more of the Bidders / Proposers tied, or
there is no possible proportional distribution because of the nature of the purchase, the Procurement and
Contracting Committee shall, by a random choice, in the presence of a Public Notary and stakeholders, use the
method of drawing for this purpose.

The Procurement and Contracting Committee may declare the procedure, in whole or in part, in the following
cases:

No Bids were presented.
For having been rejected, disqualified, or because they are inconvenient for national or institutional
interests all offers or only offer presented.
For substantial violation of the procedure call.

4.3 Award Agreement

After the process of verification and validation of the report of recommendation, the Procurement and Contracting
Committee will know all the incidents, and if appropriate, will approve and issue the certificate of Resolution of the
Award.

41

They will order the Operational Procurement and Contracting Unit a Notification of Award and its attachments to all
participant Bidders in accordance with the procedure and time limit set in the Timeline Schedule of the Terms of
Reference.

Once the evaluation process is concluded, the Procurement and Contracting Committee will issue the Determine
the Final Award and will order the Operational Procurement and Contracting Unit Notification of Award and its
attachments to all participating bidders, according to the procedure and time limit set in Timeline Schedule of the
Terms and Conditions.

4.4 Subsequent Awards

In case of failure of the Awarded Bidder, the Contracting Entity shall request, by a "Request of Availability Letter",
the next Bidder / Proposer certifies that if able to supply the goods WHATSOEVER indicated, in a period not
exceeding fifteen days. The Bidder / Proposer shall have a period of forty-eight (48) hours to respond to that
request. If so, the Proposer / Bidder shall submit the Performance Bond Agreement, as set out in the DP.

PART 2
CONTRACT

Section V
Provisions on the Contract

5.1 General Conditions of the Contract

5.1.1 Validity of the Contract

The contract will be valid when it is realized in accordance with the legal system when the definite act of Award and
the constitution of the Performance Bond Contract are met.

5.1.2 Performance Bond Contract

The Performance Bond shall be submitted by a Deposit Policy or Bank Guarantee.

5.1.3 Perfecting of the Contract

The procedures of valid contracts should be followed, meeting each and every one of its provisions, and shall
conform to the model annexed to the present Terms of Reference, under the standard model, the National System
of Procurement and Contracting.

The contract will be perfected with the receipt of the Purchase Order by the Supplier or by signing the contract to
intervene.

5.1.4 Deadline for Signing of Contract

42

The Contract shall be concluded within the period stated in the Terms of Reference, counted from the date of
Notification of Award.

5.1.5 Effects of Non-Compliance of the Contract

Breach of Contract by the Consultant will determine its finalization and execution of the Bank Guarantee
Performance Bond, proceeding to contract the Contractor that is remaining in the second.

In cases where the breach constitutes the Consultants lack of quality of the work delivered or causes damage or
harm to the institution, or third parties, the Contracting Authority may request the General Directorate of Public
Procurement, as the Governing Body of the system, a temporary or permanent ban, depending on the severity of
the fault.

5.1.6 Expansion or Reduction of the Contract

The Contracting Entity cannot produce any change in the amounts specified in the Schedule of Specific
Conditions.

5.1.7 Termination of the Contract

The contract will end by expiry of its term, the last extension, if any, or the occurrence of any of the following
grounds for termination:

Incursin sobrevenida del Proveedor en alguna de las causas de prohibicin de contratar con la
Administracin Pblica que establezcan las normas vigentes, en especial el Artculo 14 de la Ley 340-
06, sobre Compras y Contrataciones Pblicas de Bienes, Servicios, Obras y Concesiones.
Failure of the Supplier.
Incurrence by the Supplier in any of the causes of prohibition to contract with the Public Administration
that are established in the rules, especially Article 14 of Law 340-06 on Purchasing and Procurement
of Goods, Services, Construction and Concessions.

5.1.8 Subcontracts

In no case the will the Consultant assign the rights and obligations of the contract to a third party, nor shall be entitled
to subcontract without prior written authorization of the Contracting Entity.

5.1.9 Specific Conditions of the Contract

5.2. Term of the Contract

The term of the Agreement will be from the date of the subscription thereof and to its faithful performance in
accordance with the Schedule Delivery of Amounts Awarded, which will be an integral and binding part thereof.

43

5.2.1 Beginning of the Consult

Once the corresponding Consulting Contract between the Contracting Entity and the Consultant have been
formalized, the latter will start work as required by the appropriate order, based on the Schedule, which forms part
constitutively, compulsory and binding of the Terms of Reference.

5.2.2 Modifications of the Schedule of Delivery

The Contracting Entity, as executing body of the contract, reserves the right to unilaterally change the delivery
schedule of the foreclosed assets, as appropriate to understand the interests of the institution.

If the Supplier does not supply the Goods within the deadline, it is understood that it waives its Award and the one
who has obtained the second (2nd) place and so on shall be Awarded, in the order of Award and Report of Occupied
Places. If this situation occurs, the Contracting Entity shall invoke the Bank Guarantee of the Performance Bond as
just compensation for the damages.

PART 3
Delivery and Receipt

Section VI
Forms

6.1 Forms

The Bidder / Proposer shall submit their offers in accordance with the forms set forth in this Statement of Specific
Conditions, which are attached as an integral part thereof.
6.2 Anexes

1. Model of the Supply of Goods Agreement (SNCC.C.023).
2. Financial Bid Form (SNCC.F.033).
3. Bid Presentation (SNCC.F.034).
4. Performance Bond Guarantee (SNCC.D.038).
5. Manufacturer's Authorization Form (SNCC.F.047), if applicable.
6. Sample letter of appointment or replacement of Authorized Agents (SNCC.D.051).
7. Acceptance letter model designation as Authorized Agents (SNCC.D.052).
8. Submission Form Sample, if applicable.
9. Affidavit from the applicant stating that he is not within the prohibition laid down in Article 14 of Law 340-06
and which indicate whether or not he has judgment with the Dominican State or Central Government, the
Autonomous Decentralized institutions and non-financial, and public institutions of social security, or is
subject to a bankruptcy process.

CEIRD-CCC-LP-01-2014 - Pliego de Condiciones (INGLES Vs 2) (VL1) Unofficial Translation

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