Contract Terms

CCOP / CAC

CAMEROON CONTRACT ORGANIZATION PROJECT / CONTRACT AWARD COMMITTEE. Terms and Conditions 
 
 
 
SECURITY AND INTEGRITY CLEARANCE 
 
 
 
All information documents, records and books provided by Cameroon Contract Organization Project / Contract Award Committee to any tendered, in connection with the invitation to tender or otherwise, are strictly private and confidential. These will not be disclosed by any tenderer to any third party, except with the express consent of Cameroon Contract Organization Project/Contract Award Committee, which will be granted in writing prior to such disclosure. Cameroon Contract Organization Project/Contract Award Committe, however, reserves the right to disclose any information provided by any tenderer to any of the employees of Cameroon Contract Organization Project/Contract Award Committe for successful tenders. 
 
 
 
A proposal for award will be rejected if Cameroon Contract Organization Project/Contract Award Committe determines that the supplier recommended for award, has engaged in corrupt or fraudulent activities in competing for the contract in question.  
 
 
 
Cameroon Contract Organization Project / Contract Award Committee (CCOP/CAC), may require contractors to permit (CCOP /CAC) to inspect their accounts and records relating to the performance of the contract and to have them audited by auditors appointed by Cameroon Contract Organization Project / Contract Award Committee. 
 
 
 
 
 
FALSE INFORMATION 
 
 
 
Should the Tenderer provide and/or provides Cameroon Contract Organization Project / Contract Award Committee, intentionally or negligently with false and/or misleading information or intentionally or negligently omitted any material fact that may have rendered any statement made by the Tenderer misleading, in connection with this Tender Request for Proposal or supporting information or any subsequent requests for information and/or such misleading and/or false information and/or omission of any material fact induced Cameroon Contract Organization Project / Contract Award Committee, in awarding the Tender and/or concluding any subsequent agreement shall entitle South West Commission in it’s sole discretion forthwith disqualify the Tenderer and/or to immediately terminate any agreements subsequently entered into without prejudice to any of Cameroon Contract Organization Project / Contract Award Committee, rights it has in terms of such agreement and/or any law. 
 
 
 
 
 
VAT, DUTIES OTHER TAXES 
 
 
 
Prices must be quoted exclusive of VAT and all other relevant taxes and duties (where applicable) should be shown separately. 
 
 
 
 
 
SPECIAL TENDER CONDITIONS 
 
 
 
This tender and its acceptance will be subject to the terms and conditions described below. 
 
 
 
Unless otherwise indicated in the tender documents, Cameroon Contract Organization Project / Contract Award Committee are/will not be liable for any costs incurred in preparation and delivery of tenders.  
 
 
 
All documents, samples and materials submitted as part of a tender become the property of SCameroon Contract Organization Project / Contract Award Committee, and yet in any event Cameroon Contract Organization Project / Contract Award Committee will not be liable for loss or damage to any documents, samples and materials submitted. 
 
 
 
 
 
TENDER SURETY 
 
 
 
Cameroon Contract Organization Project / Contract Award Committee requires no proposal surety, but tenderers should note the conditions set out below. However Cameroon Contract Organization Project / Contract Award Committee reserves the right to review this position at contractual stages. 
 
 
 
 
 
DOWNSCALING OF WORK 
 
 
 
Cameroon Contract Organization Project / Contract Award Committee reserves the right to downscale the required services should the need arise. Cameroon Contract Organization Project / Contract Award Committee also reserves the right to award other contracts separately or together. 
 
 
 
 
 
VALIDITY PERIOD 
 
 
 
The tender proposal must remain valid for a period of three (3) months. All prices indicated in the proposal and other recurrent costs must remain firm for the period of three (3) months after the proposal has been awarded. 
 
 
 
 
 
COMPLETENESS OF THE SOLUTION 
 
 
 
The tenderer must complete all documents in full and submit these with the proposal. Failure to comply with these requirements may invalidate the tenderer or disqualify the proposal. 
 
 
 
Notwithstanding any possible shortcomings and / or inconsistency in the specifications, the tenderer must ensure that the solution offered will form a complete, cost effective and functional proposal to either the whole project or phase/s of the solution. 
 
 
 
 
 
CONDITIONS OF PAYMENT 
 
 
 
Cameroon Contract Organization Project / Contract Award Committee will approve all content reviews and assessments set. No service will be provided to Cameroon Contract Organization Project / Contract Award Committee, before an official order has been issued to the supplier and service delivery will be within the specified time scale after the receipt of the official order. 
 
 
 
Invoices will become due and payable 3 (three) days after receipt thereof. 
 
 
 
Notwithstanding any provisions in this document, no payment will become due or payable unless the invoice is accompanied with a statement, reconciling all monies already paid are still outstanding. the payment terms which is 100�/T in advance will be credited to the Tenderer account once the contract has been awarded to the Tenderer company. 
 
 
 
All invoices to be issued must be in local currency unless the tender is done in a country outside Africa, in which case the currency quoted should be either USD, Euro, Pound Sterling or Australian Dollar. 
 
 
 
Tenderer shall be responsible for any foreign exchange loss incurred due to currency fluctuations, without having any recourse whatsoever against Cameroon Contract Organization Project / Contract Award Committee for such loss. 
 
 
 
A single monthly-consolidated invoice will be submitted to Cameroon Contract Organization Project / Contract Award Committee for certification and will be supported by all relevant documentation. 
 
 
 
 
 
QUALITY ASSURANCE 
 
 
 
All services rendered by the Tenderer, its personnel, agents or sub-contractors will be subject to on-going evaluation to determine its effectiveness and will be so guaranteed for a period of 36 months by the Tenderer after acceptance by Cameroon Contract Organization Project / Contract Award Committee. 
 
 
 
 
 
INTELLECTUAL PROPERTY RIGHTS 
 
 
 
All intellectual property rights, including, but not limited to, copyright, trade marks, design rights, patent rights and other similar rights in the Request for Proposal and the tender response and in any works or products created as a result of the performance of the Tenderer in relation to this Request for Proposal and tender response, will vest in, and are hereby assigned to Cameroon Contract Organization Project / Contract Award Committee, unless specifically agreed otherwise, in the form of individual written Agreements signed by both parties. 
 
 
 
 
 
AWARDING OF CONTRACT 
 
 
 
Proven relevant experience and success, as well as the ability to deliver services required will be important considerations. 
 
 
 
By the submission of tender, each submitter warrants that he/she/it is highly skilled, professional, competent and experienced in the area for which he/she has tendered. Any work performed by a successful tenderer will be evaluated. 
 
 
 
The tenderer also warrants that the service provided will be of a superior standard, and is unlikely to cause undue difficulties. 
 
 
 
The proposal may be awarded, in part or in full, at the sole discretion of South West Commission, to one or more concerns on a non-exclusive basis. Proposals that are qualified by a tenderer’s own conditions may be rejected as being invalid, and failure of the submitter to renounce such conditions when called upon to do so may invalidate the proposal. 
 
 
 
Cameroon Contract Organization Project / Contract Award Committee may request clarification or additional information regarding any aspect of the proposal. The tenderer must supply the requested information within 24 hours after the request has been made, otherwise the tenderer may be disqualified. Cameroon Contract Organization Project / Contract Award Committee may also request a demonstration, and submitters must comply with such a request within 24 hours. 
 
 
 
 
 
TERMINATION OF CONTRACT 
 
 
 
Cameroon Contract Organization Project / Contract Award Committee reserves the right to terminate, in Cameroon Contract Organization Project / Contract Award Committee’s sole discretion and without providing any reason for the termination, the award of any proposal to any party,Cameroon Contract Organization Project / Contract Award Committee, also reserves the right to curtail the scope of any tender awarded or to curtail any aspect of any tenderer. In the event of any such cancellation, the tenderer will have no claim against Cameroon Contract Organization Project / Contract Award Committee. 
 
 
 
 
 
PROPOSAL SUBMISSION 
 
 
 
All annexures must be completed in full, using the given numbering format. All attachments or references to attachments must be clearly marked and specific to information required. Compliance or Non-compliance with detailed information must be indicated per paragraph as per Numbering Format If there are additional and/or alternative products/services, options must be separately tendered for in the form of a separate proposal, with a complete schedule describing deviations from specifications and technical brochures must be submitted where applicable. 
 
 
 
· Own conditions submitted by small, micro enterprises will be considered sympathetically by Cameroon Contract Organization Project / Contract Award Committee, however Cameroon Contract Organization Project / Contract Award Committee reserves the right to call upon the tenderer to renounce such conditions. 
 
 
 
· If any of the conditions on this tender document are in conflict with any special conditions, stipulations or provisions incorporated in the tender, such special conditions, stipulations or provisions will apply. 
 
 
 
 
 
TENDERERS SHALL BE EXCLUDED FROM PARTICIPATION IN THIS PROCUREMENT PROCEDURE IF: 
 
 
 
(a) They are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; 
 
 
 
(b) They have been convicted of an offence concerning their professional conduct by a judgement which has the force of res judicata; 
 
 
 
(c) They have been guilty of grave professional misconduct proven by any means which the contracting authority can justify; 
 
 
 
(d) They have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is to be performed; 
 
 
 
(e) They have been the subject of a judgement which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests; 
 
 
 
(f) Following another procurement procedure or grant award procedure financed by the Community budget, they have been declared to be in serious breach of contract for failure to comply with their contractual obligations. 
 
 
 
 
 
COMPANIES FAILING TO ADHERE TO THE ABOVE REQUIREMENTS; RISK BEING DISQUALIFIED FROM THE EVALUATION PROCESS. 
 

THIS IS THE CONTRACT BOARD THAT ORGANIZES ANY CONTRACT IN OUR REGION CENTRAL AFRICA.