Emergency Procuerment of Medicines for Yemen. Ref.: 2018/795187 (Aden) and Ref.: 2018/795184 and 2018/801574 (Sanaa).

REF: EM/RGO/DAF/LSP/P/0002632


Subject: Invitation to Bid for the emergency purchase of Medicines for Yemen.

The World Health Organization, the Eastern Mediterranean Regional Office (WHO/EMRO), is seeking offers for the listed items in Annex A for Yemen.

Closing Date:

Offers should be submitted latest by 23:00 (Cairo Local Time) on the 13th of May, 2018.

Submission of Offers:

 Incoterms 2010: FCA/nearest airport.

 Offers should be submitted in Pdf and Excel format on the company’s headed paper, signed and stamped.

 Offers must comply with the instructions included in this invitation.

Instructions to bidders:

 The only means by which the bidders can submit their offers in response to this Invitation to Bid is through the United Nations Global Marketplace (UNGM) portal, available at https://www.ungm.org/

 Bidders may follow the instructions in the provided UNGM Guide, to access and submit WHO tenders.

 WHO is not responsible for offers which do not follow the instructions in this ITB.

 The last day of receiving queres from bidders is the 8th of May 2018.


Selection criteria:

Lowest offer meeting the required specifications.

Medicines are required to be dispatched during the two first weeks of August 2018.

Exclusion Criteria:

Below products will be excluded:
• Products that do not have the following valid documents:
- GMP certificate.
- Free Sale Certificate “FSC” or Certificate of Pharmaceutical Product “CPP”.
• Products which are not allowed for free use & sale in the Country of Origin.
• Breach to any stated points under Annex B.



The Following information must be included in your offer.

a. Validity period of the offer.
b. Full description of the offered product.
c. Expected delivery time for each product.
d. Incoterms.
e. Currency.
f. Unit price and total price.
g. Pack size.
h. Shelf life, Manufacturer date and Expiry date.
i. Country of Origin/Manufacturer name for the offered product.
j. Required storage and transportation conditions any extra cost for cold chain transportation must be included in the offered price.

In case of award, the suppliers should provide:

 Certificate of origin.
 Shipping documents, packing list & original invoice; noting that the indicated quantities for some items will be divided between 2 separate destination (Aden and Sanaa) covered by two different purchase orders.

The supplier should accept, sign and comply to the following attached documents:

1. UN Code of Conduct.
2. Self-Declaration Form.

Orders resulting from this Invitation to Bid will fall under WHO’s General Terms and Conditions (Annex C) and any other specific terms detailed in this invitation to bid.

For further information and/or additional clarification, please e-mail queries to
Email address: emrgolsp@who.int;

Yours sincerely,



Jaafar Jaffal
A/Regional Supply Officer
 
ANNEX A





# Description Unit of Measure Quantity
1 Ampicillin 1gm powder Ampoule 35,000
2 Ampicillin 500 mg powder Ampoule 35,000
3 Chlorphenamine maleate 4 mg Tablets in blisters 700,000
4 Cloxacillin 500mg powder Ampoule 70,000
5 Erythromycin 500mg Tablets in blisters 700,000
6 Gentamycin 40mg/ml in 2 ml ampoule Ampoule 35,000
7 Metronidazole 250mg Tablets in blisters 700,000
8 Azathioprine 50 mg Tablets in blisters 200,000
9 Cyclosporine 25mg Tablets 400,000
10 Cyclosporine 50mg Tablets 450,000
11 Cyclosporine 100mg Tablets 120,000
12 Tacrolimus 0.5mg Tablets 40,000
13 Tacrolimus 1mg Tablets 350,000
14 Mycophenolate mofetile 500 mg Tablets 900,000
15 Sirolimus 1mg Tablets 9,000


ANNEX B
NOTES AND INSTRUCTIONS TO BIDDERS

1. Complete specifications (including concentration, pack size and volume in ml in case of liquid preparations), terms and conditions must be provided. The offered specifications should be in line with the required product.

2. Standards for pharmaceutical products:
Products and raw materials must conform to the latest international pharmacopoeia standards i.e. BP, Eur.Ph, USP or the International Pharmacopoeia. The Pharmacopoeia standard should be indicated for all products quoted with the submitted offer.

3. Wherever items offered are not exactly in accordance with the specifications set out or wherever alternatives are offered, it is the bidders’ responsibility to furnish their tender with full descriptive specifications and illustrations of such item(s).

4. The manufacturer should be licensed and GMP (Good Manufacturing Practice) certified.

5. Offered products should be registered and allowed for free sale and use in the Country of Origin.

6. The supplier/manufacturer should have been in active drug supply operations for at least five continuous years.

7. The supplier/manufacturer should have unblemished supply and financial records.

8. The supplier should comply with UN Suppliers Code of Conduct.

9. Offers should be tax free and exempted from all duties.

10. Offers must be valid for at least 90 days. Validity period to be stated clearly.

11. Items produced in countries other than that of the bidder must be indicated stating the country of origin.

12. All medicines should be subjected to the following specific conditions:

a. Medicines delivered should possess at least 75% of the stated shelf life, while vaccines should possess at least 80% of the stated shelf life.
b. Substandard Drugs: In case a drug is found substandard, the supplier/manufacturer is bound to replenish the stock within 8 working days.

13. Pack size:
- Tablets and/or capsules should be in blister form, alternatively in small packs or containers not to exceed 30 tablets/capsules
- Injectable (vials/ampoules) should be in small pack size not to exceed 100 vials/ampoules in each individual pack.
- Other items (syrup, eye drops, tubes …..etc) in small pack size or containers not to exceed 50 individual bottles and/or tubes.
14. Delivery Time:
- Please state the earliest possible delivery date. As these medicines/vaccines are urgently needed, priority will be given to offers with earlier delivery and competitive prices.

15. Delay in delivery: In the event that delivery of goods and services is delayed beyond the mutually agreed upon date, a penalty of 0.5% on the total value of the contract for each day of delay will apply.

16. As per WHO rules, full payment will be effected by WHO within 30 days from delivery of goods.

17. Certificate of analysis must be provided with the shipping documents. The certificate of analysis (batch certificate) stating that the offered product conforms to the specifications of the latest edition of the reference pharmacopoeia. Whenever no reference is given, the supplier must indicate his reference. One certificate is required per each individual batch.

18. Labels on all containers (external and internal/primary and secondary) must be clearly printed/engraved in Arabic and/or English language and indicate all essential data including:

a. Generic name of the active ingredient(s)
b. Pharmacopoeial standard
c. Dosage form
d. Quantity of active ingredient(s) in the dosage from (Strength)
e. Quantity per package
f. Date of manufacture and expiry
g. Batch number
h. The name and address of the manufacturer
i. Instructions for storage
j. Precautions
Internal pamphlet should be in Arabic and/or in English

19. Packing must be suitable for the mode of transport indicated in accordance with the best practices, including the special requirement of any dangerous goods or perishables.

20. WHO reserves the right to have at any time the items inspected, tested for quality assurance and rejected if found not in compliance with the requested specifications. The supplier will bear all related cost of replacing the rejected purchases.

21. Supplier warrants that the use or supply by EMRO/WHO of the products shall not constitute infringement of any patent, copyright, trade name, or trademark. In accordance therewith, the supplier shall indemnify, defend and hold harmless EMRO/WHO from any action or claim brought against EMRO/WHO pertaining to alleged infringement of a patent, design, trade name or trademark arising from or in connection with the supply or use of such products(s).

22. Supplier is liable for costs and expenses resulting directly or indirectly from third party delays.

23. WHO reserves the right to make multiple arrangements for any item or items, where, in the opinion of WHO, the lowest acceptable offer cannot fully meet the requirements, or if it is deemed to be in WHO’s interests to do so. Any arrangements under this condition will be made on the basis of quoted prices in second lowest and third lowest acceptable offer which is fully responsive and meeting all requirements. WHO also reserves the right to accept only part of the items and/or quantities quoted for.

24. WHO reserves the right to accept or reject any or all bids or to annul the bidding process and reject all bids without explanation to the bidders and shall not be liable for any obligations or indemnities to bidders whatsoever. WHO also has the right, if in the interest of the project to negotiate with one or more of the bidders.
25. WHO reserves the right to have the items inspected and rejected if necessary.

26. In the event of failure by the vendor to perform under the terms and conditions of the purchase order, including but not limited to obtaining the necessary licenses or making deliveries of all or part of the awarded goods by the agreed delivery date or dates, WHO, after giving the vendor reasonable notice to perform and without prejudice to any other rights or remedies, may exercise one or all of the following rights:
a. Procure all or part of the goods from other sources, in which event WHO may hold the vendor responsible for any excess cost occasioned thereby.
b. Refuse to accept delivery of all or part of goods.
c. Terminate the purchase orders.

ANNEX C
General Terms and Conditions:
1. ACKNOWLEDGEMENT COPY
Acceptance of a Purchase Order shall form a binding contract with the vendor signing and returning the acknowledgement copy or by the timely delivery of the goods specified. The contract between the parties is subject only to the terms and conditions detailed here below. Any contractual terms and conditions of the contractor, whether included in the offer, invoices or any other document, are hereby excluded. In the event this purchase order contains any provisions, which are contrary to the provisions of the contractor's offer, the provisions of this purchase order shall take precedence.
2. DELIVERY DATE
Delivery Date to be understood as the time the goods have to be available at the location indicated under Delivery Terms.
3. PAYMENT TERMS
(a) World Health Organization further referred to as WHO shall, on fulfillment of the Delivery Terms, unless otherwise specified in the Purchase Order, make payment within 30 days of receipt of the Vendor's invoice for the goods and copies of the customary shipping documents specified in the contract.
(b) Payment against the invoice referred to above will reflect any discount shown under the payment terms provided payment is made within the period shown in the payment terms of the contract.
(c) Unless authorized by WHO, a separate invoice must be submitted in respect of each Purchase Order. Each invoice shall indicate the identification number of the corresponding Purchase Order.
(d) The prices shown in the Purchase Order may not be increased except by express written agreement of WHO.
(e) Inspection prior to shipment does not relieve the Vendor from his contractual obligations.
(f) WHO shall have a reasonable time after delivery of the goods to inspect them and to reject and refuse acceptance of goods not conforming to the Purchase order; payment for goods pursuant to the Purchase Order shall not be deemed an acceptance of the goods.
4. TAX EXEMPTION
The price shall reflect any tax exemption to which WHO may be entitled by reason of the immunity it enjoys. WHO is, as a general rule, exempt from all direct taxes, custom duties and the like, and the Vendor will consult with WHO so as to avoid the imposition of such charges with respect to this contract and the goods supplied hereunder. As regards excise duties and other taxes imposed on the sale of goods (e.g. VAT), the Vendor agrees to verify in consultation with WHO whether in the country where the VAT would be payable, WHO is exempt from such VAT at the source, or entitled to claim reimbursement thereof. If WHO is exempt from VAT, this shall be indicated on the invoice, whereas if WHO can claim reimbursement thereof, the Vendor agrees to list such charges on its invoices as a separate item and, to the extent required, cooperate with WHO to enable reimbursement thereof.
5. EXPORT LICENCE
The contract is subject to the obtaining of any export license or other governmental authorization which may be necessary. It will be the responsibility of the firm to obtain such license or authorization, but the World Health Organization will do everything in its power to assist. In the event of refusal thereof, the contract will be annulled and all claims between the parties automatically waived. For export license application and Exchange Control purposes, the source of funds or type of account from which payment for this order will be made is named overleaf.
6. RISK OF LOSS
Risk of loss, injury or destruction to the goods shall be borne by the Vendor until physical delivery of the goods has been completed in accordance with the Purchase Order.


7. FITNESS OF GOODS/PACKING
Vendor warrants that the goods, including adequate packaging, conform to the specifications and are fit for the purposes for which such goods are ordinarily used and for purposes expressly made known to the Vendor by WHO, and are free from defects in workmanship and materials. The Vendor also warrants that the goods are contained or packaged adequately to protect the goods.
8. WARRANTY CLAUSE
The Vendor warrants that the use or supply by WHO of the goods offered for sale under the Purchase Order do not infringe any patent, trade name, or trade mark. In addition, the Vendor shall pursuant to this warranty indemnify, defend and hold harmless WHO and the United Nations from any actions or claims brought against WHO or the United Nations pertaining to the alleged infringement of a patent, design, trade name or trade mark arising from the Purchase Order.
9. FORCE MAJEURE
Neither party to the contract shall be held responsible for delay in the fulfillment thereof due to force majeure, strikes, lock out, war, civil unrest, or other factors outside its control.
10. RIGHTS OF WHO
In case of failure by the Vendor to perform under the terms and conditions of the Purchase Order, including but not limited to failure to obtain necessary export licenses, or to make delivery of all or part of the goods by the agreed delivery date or dates, WHO may, after giving the Vendor reasonable notice to perform and without prejudice to any other rights or remedies, exercise one or more of the following rights: *
(a) Procure all or part of the goods from other sources, in which event WHO may hold the Vendor responsible for any excess cost occasioned thereby.
(b) Refuse to accept delivery of all or part of the goods.(c) Terminate the Purchase Order.
11. INDEMNIFICATION
The Vendor shaft indemnify and save harmless WHO and the Government who receives the items referred to herein from and against all claims, damages, losses, costs and expenses arising out of any injury, sickness or death to persons or any loss of or damage to property, caused by the fault or negligence of the Vendor. WHO shall promptly give notice to the Vendor of any claims, damages, losses, costs and expenses and shall cooperate in a reasonable manner with the Vendor.
12. ASSIGNMENT AND INSOLVENCY
(a) The Vendor shall not assign, transfer, pledge or make other disposition of this Contract or any part thereof, or any of the Vendor's rights, claims or obligations under this Contract except with the prior written consent of the WHO.
(b) Should the Vendor be adjudged bankrupt, or be liquidated or become insolvent, or should the Vendor make an assignment for the benefit of its creditors, or should a Receiver be appointed on account of the insolvency of the Vendor, the WHO may, without prejudice to any other right or remedy it may have under the terms of these conditions, terminate this Contract forthwith. The Vendor shall immediately inform the WHO of the occurrence of any of the above events.
13. USE OF NAME, EMBLEM OR OFFICIAL SEAL OF THE WHO
The Vendor shall not advertise or otherwise make public the fact that it is a Vendor with the WHO, nor shall the Vendor, in any manner whatsoever use the name, emblem or official seal of the WHO, or any abbreviation of the name of the WHO in connection with its business or otherwise.
14. ARBITRATION
Any controversy or claim arising out of or in connection with the Purchase Order or any breach hereof, shall unless it is settled by direct negotiation, be settled by the UNCITRAL Arbitration Rules as at present in force. The parties to the Contract shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of such controversy or claim.
15. PRIVILEGES AND IMMUNITIES
Nothing in or relating to this Contract shall be deemed a waiver, express or implied, of any of the privileges and immunities of the United Nations, including its subsidiary organs.