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.


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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.


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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)


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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


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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.


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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


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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 (1st) 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.


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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.


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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.


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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


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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




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




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


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Criteria of Evaluation

Do

es n

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Co

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ly (

0)

Ver

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tisf

acto

ry

(25)

Un

sati

sfac

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(50)

Sat

isfa

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ry

(75)

Ver

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atis

fact

ory

(1

00)

Po

ints

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


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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 PROCUREMENT AND CONTRACTING COMMITTEE Centro de Exportacin e Inversin de la Repblica Dominicana

Reference: CEIRD-CCC-LP-01-2014 Address: Ave. 27 de febrero esq. General Gregorio Lupern