INSTRUCTIONS TO PROPOSERS

(Request for PROPOSAL)

Proposers shall read these Instructions to Proposers in conjunction with the solicitation document.
1.	Submission of Proposals
Proposals must be submitted in accordance with the instructions specified in the Request for Proposal (RFP).  Proposers must provide all requisite information under the RFP and clearly and concisely respond to all points set out in the RFP.
2.	Eligibility of Proposers
Bidding is open to interested and qualified bidders who meet the OSCE requirements for Vendor Registration and the specific requirements as defined in the RFP.
The OSCE may, at its sole discretion, disqualify any potential proposer that the OSCE believes to be or have been, directly or indirectly, engaged in criminal or unethical behaviour, to be financially unstable, or otherwise unfit to participate in the bidding exercise. This provision shall also be a condition of any contract between the OSCE and a successful proposer.
A Proposer shall not be eligible
o	if the bidder, or any of its employees, or managers participated in the preparation of the solicitation documents, or
o	if the proposer received assistance in the preparation of the proposal from a party that participated in the preparation of the solicitation documents.
Government-owned enterprises may be eligible only if they (a) are legally and financially autonomous from the beneficiary, (b) operate under applicable commercial law, and (c) are not a dependent agency of the beneficiary of the goods and services that are to be provided under the RFP.
3.	OSCE Privileges and Immunities
Nothing in or relating to the solicitation documents shall be deemed or interpreted as a waiver of the privileges and immunities enjoyed by the OSCE.
4.	OSCE General Conditions of Contract
All awards are subject to the OSCE General Conditions of Contract (http://www.osce/procurement).  If any of the conditions is not acceptable, the proposer is required to indicate in the proposal any reservation(s) it has and must provide alternative language to the particular clause.  Please note, however, that non-acceptance of the OSCE General Conditions of Contract may result in the rejection of the proposal.
5.	Technical Specifications of Requirement
Proposers must adhere strictly to all requirements of the RFP.  No changes, substitutions or alterations to the technical specifications of the requirement will be accepted unless approved in writing by the OSCE.  Proposers have the opportunity to ask for clarifications before submitting the proposal by addressing their questions to the contact email which is indicated in the RFP.
6.	No Commitment
The RFP does not commit the OSCE to award a contact or to pay any costs incurred in the preparation or submission of proposals, or costs incurred in making necessary studies for the preparation thereof, or to procure or contract for services or goods. The RFP does not commit the OSCE to consider any bid or to award a contract. The OSCE reserves the right to reject any or all Proposals received in response to this RFP and to negotiate with any of the proposers or other firms in a manner deemed to be in the best interest of the OSCE.  The OSCE also reserves the right to split the award in any combination it may deem appropriate; and to reject a Proposal submitted by any proposer that has previously failed to perform properly, or on time, or of a proposer that, in the opinion of the OSCE, is not in a position, or is not sufficiently qualified, to perform the contract. If the proposal is submitted on an “all or none” basis, it should clearly state so.
No contractual relationship will exist except pursuant to a written contract document signed by the authorized official of the OSCE and by an authorized officer of the successful proposer(s).
7.	Criteria for Evaluation
All proposals will be evaluated in accordance with established OSCE procedures, as well as the requirements of the RFP.  The evaluation procedure will consist of a formal, substantive and financial assessment of the proposals received.  Price is an important factor; however, it is not the only consideration in evaluating responses to this RFP.  Detailed evaluation leading to a final selection or award may take several weeks.  Only technically acceptable bids will be considered for financial evaluation.
8.	Payment Terms
The OSCE’s financial policy precludes advance payments. The normal terms of payment by the OSCE are 30 (thirty) days upon satisfactory delivery of goods or performance of services, acceptance thereof by the OSCE, and submission of a correct invoice.
9.	Bid Bond (if applicable)
The OSCE reserves the right to request proposers to submit a Bid Bond in the form and an amount specified in the RFP, at their cost.  The Bid Bond shall be valid for the same period as the bid, plus ninety (90) days after the validity date of the bid.  The OSCE reserves the right to extend the validity of the Bid Bond if the contractual instrument is not yet in place.
10.	Liquidated Damages (if applicable)
The Contract or Purchase Order concluded with the contractor will provide that if the contractor fails to supply the specified goods/services within the lead time stipulated in the Purchase Order or Contract, the OSCE shall, without prejudice to other remedies under the Purchase Order or Contract, deduct from the Purchase Order or Contract price, as liquidated damages a sum equivalent to a specified percentage per day or week of delay, calculated on the total value of the Purchase Order or Contract, until actual delivery, up to a maximum deduction of ten per cent (10%) of the value of the Purchase Order or Contract.
11.	Performance Bond (if applicable)
Within five (5) business days of the signature of contract, the successful contractor shall at its own cost and expense, furnish a Performance Security, acceptable to the OSCE, in an amount and format as provided for in the RFP.  The Performance Security shall be valid for the entire period of the contract and unless otherwise indicated in the contract, for at least 30 days after the expiration date of the contract.
Failure to comply with this requirement will lead to cancellation of the award and forfeiture of the Bid Bond.
12.	Validity of Bids
Unless otherwise specified in the RFP, proposals shall remain open and valid for acceptance for a period of at least ninety (90) days from the tender deadline date specified in the RFP.
13.	Rejection of Proposals and Split Awards
The OSCE reserves the right to reject any and all proposals if they, inter alia:
o	are received after the deadline stipulated in the RFP;
o	are not properly marked or addressed as required in the RFP;
o	are delivered to another OSCE office or location than the one required in the RFP;
o	are transmitted by facsimile or email, unless specifically indicated in the RFP;
o	are unsolicited;
o	contain an alternate proposal; or
o	are not otherwise in compliance with the RFP.
The OSCE also reserves the right to split an award between any proposers in any combination as it may deem appropriate and the proposers must be willing to accept partial awards.
14.	Withdrawal and Modification of Proposals
Proposals may be modified or withdrawn in writing, prior to the closing time specified in the RFP.  Proposals may not be modified or withdrawn after that time.
15.	Errors in Proposals
Proposers or their authorized agents are expected to examine any maps, drawings, specifications, circulars, schedules and other instructions pertaining to the work, made available by the OSCE to the proposers for inspection. Failure to do so will be at the proposer’s own risk.  In case of error in the totalling of prices, the unit price will govern.  In the case of error in the totaling of prices, the unit price will govern.  If there is a discrepancy between words and figures, the amount in words will prevail.
16.	Non-Disclosure Agreement
The OSCE may require proposers to execute a Non-Disclosure Agreement before being provided with some or all of the information included in the RFP.
17.	Collusive Bidding and other Anti-competitive Conduct
Proposers and their employees, officers, advisers, agents or sub-contractors must not engage in any collusive bidding or other anti-competitive conduct, or any other similar conduct, in relation to:
o	the preparation or submission of bids;
o	the clarification of bids; and
o	the conduct and content of negotiations, including final contract negotiations,
in respect of the RFP or the procurement process, or any other procurement process being conducted by the OSCE in respect of any of its requirements.
In addition to any other remedies available to it, the OSCE may, at its sole discretion, immediately reject any bid submitted by a bidder that, in the OSCE’s sole opinion, has engaged in any collusive bidding, other anti-competitive conduct, or any other similar conduct with any other bidder, person or entity in relation to the preparation or lodgement of bids, or any other procurement process being conducted by the OSCE in respect of any of its requirements.
Any proposer shall submit only one proposal, either individually or as a member in a joint venture or consortium.  A proposer who submits or participates in more than one proposal shall cause all proposals with the proposer’s participation to be disqualified.
18.	Improper Assistance
Proposers that, in the sole opinion of the OSCE, have been compiled 
o	with the assistance of current employees of the OSCE, or current or former contractors of the OSCE in violation of confidentiality obligations or by using information not otherwise available to the general public or which would provide a non-competitive benefit;
o	with the utilization of confidential and/or internal OSCE information not made available to the public;
o	in breach of an obligation of confidentiality to the OSCE,
shall be excluded from further consideration.
19.	Corrupt Practices
All OSCE vendors shall adhere to the highest ethical standards, both during the procurement process and throughout the performance of a contract.

20.	Rights of the OSCE
If the OSCE determines that a vendor has engaged in collusive bidding, has received improper assistance, engaged in corrupt practices, or conflict of interest situations, then notwithstanding any other legal rights or remedies it may have, the OSCE reserves the right, at its sole option, to:
o	reject any proposal or recommendation to award a contract to such vendor; and/or
o	declare a company or firm ineligible to become a OSCE registered vendor; or
o	terminate any contract entered into with such vendor.
21.	Conflict of Interest
Proposers must ensure that neither the proposer itself nor its employees, advisers, agents or sub-contractors place themselves in a position that does or may give rise to a conflict of interest between the interests of the OSCE and the proposer’s interests during the procurement process.  If such a conflict of interest arises, the proposer must notify the OSCE in writing, setting out all relevant details of the situation.  This includes cases where any OSCE official or person under contract with the OSCE may have an interest of any kind in the bidder’s business or any kind of economic ties with the proposer.