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Terms & Condition
1. Vendors are to use the Response Form provided and include all information requested by HOAM in relation to the RFP.
2. By submitting a Proposal the Vendor accepts that it is bound by the RFP Process, Terms and Conditions (RFP-Terms)
a. examine the RFP and any documents referenced in the RFP and any other information provided by HOAM
b. consider all risks, contingencies and other circumstances relating to the delivery of the Requirements and include adequate provision in its Proposal to manage such risks and contingencies.
c. document in its Proposal all assumptions and qualifications made about the delivery of the Requirements, including any assumption that HOAM or a third party will deliver any aspect of the Requirements or incur any cost related to the delivery of the Requirements.
d. ensure that pricing information is quoted in UAE dirhams (AED) inclusive of VAT.
e. satisfy itself as to the correctness and sufficiency of its Proposal, including the proposed pricing and the sustainability of the pricing.
f. There is no expectation or obligation for Vendors to submit Proposals in response to the RFP solely to remain on any prequalified or registered supplier list. Any Vendor on such a list will not be penalised for failure to submit a Proposal.
4. Proposals are to remain valid and open for acceptance by HOAM for the Offer Validity Period.
5. Each Vendor should satisfy itself as to the interpretation of the RFP. If there is any perceived ambiguity or uncertainty in the RFP document/s Vendors should seek clarification before the Deadline for Questions.
6. All requests for clarification must be made through the online system to HOAM’s Point of Contact. HOAM will endeavour to respond to requests in a timely manner, but not later than the deadline for HOAM to answer Vendors’ questions, if applicable.
7. If HOAM considers a request to be of sufficient importance to all Vendors it may provide details of the question and answer to other Vendors. In doing so HOAM may summarise the Vendor’s question and will not disclose the Vendor’s identity. The question and answer may be posted (updated on the system) and/or emailed to participating Vendors.
8. In submitting a request for clarification a Vendor is to indicate, in its request, any information that is commercially sensitive. HOAM will not publish such commercially sensitive information. However, HOAM may modify a request to eliminate such commercially sensitive information, and publish this and the answer where HOAM considers it of general significance to all Vendors.
9. Each Vendor is responsible for ensuring that its Proposal is received by HOAM on or before the Deadline for Proposals.
10. HOAM intends to rely on the Vendor’s Proposal and all information provided by the Vendor (e.g. correspondence and negotiations). In submitting a Proposal and communicating with HOAM each Vendor should check that all information it provides to HOAM is:
a. true, accurate and complete, and not misleading in any material respect
b. does not contain Intellectual Property that will breach a third party’s rights.
11. Where HOAM requires the Proposal to be delivered in hard and soft copies, the Vendor is responsible for ensuring that both the hard and soft copies are identical.
12. HOAM will convene an evaluation panel comprising members chosen for their relevant expertise and experience. In addition, HOAM may invite independent advisors to evaluate any Proposal, or any aspect of any Proposal.
13. Each Vendor authorises HOAM to collect additional information, and to use that information as part of its evaluation of the Vendor’s Proposal.
14. Each Vendor is to ensure that all referees listed in support of its Proposal agree to provide a reference.
15. To facilitate discussions between HOAM and third parties each Vendor waives any confidentiality obligations that would otherwise apply to information held by a third party.
16. HOAM may, at any time, request from any Vendor clarification of its Proposal as well as additional information about any aspect of its Proposal. HOAM is not required to request the same clarification or information from each Vendor.
17. The Vendor must provide the clarification or additional information in the format requested. Vendors will endeavour to respond to requests in a timely manner. HOAM may take such clarification or additional information into account in evaluating the Proposal.
18. Where a Vendor fails to respond adequately or within a reasonable time to a request for clarification or additional information, HOAM may cease evaluating the Vendor’s Proposal and may eliminate the Proposal from the RFP process.
19. HOAM will base its initial evaluation on the Proposals submitted in response to the RFP. HOAM may adjust its evaluation of a Proposal following consideration of any clarification or additional information.
20. In deciding which Vendor/s to shortlist HOAM will take into account the results of the evaluations of each Proposal and the following additional information:
a. each Vendor’s understanding of the Requirements, capability to fully deliver the Requirements and willingness to meet the terms and conditions of the Proposed Contract
b. except where the price is the only criterion, the best value-for-money over the whole of-life of the goods or services.
21. In deciding which Vendor/s, to shortlist HOAM may take into account any of the following additional information:
a. the results from reference checks, site visits, product testing and any other due diligence
b. the ease of contracting with a Vendor based on that Vendor’s feedback on the Proposed Contract (where these do not form part of the weighted criteria)
c. any matter that materially impacts on HOAM’s trust and confidence in the Vendor
d. any other relevant information that HOAM may have in its possession.
22. HOAM will advise Vendors if they have been shortlisted or not. Being shortlisted does not constitute acceptance by HOAM of the Vendor’s Proposal, or imply or create any obligation on HOAM to enter into negotiations with, or award a Contract for delivery of the Requirements to any shortlisted Vendor/s. At this stage in the RFP process HOAM will not make public the names of the shortlisted Vendors.
23. HOAM may invite a Vendor to enter into negotiations with a view to contract. Where the outcome is unsatisfactory HOAM may discontinue negotiations with a Vendor and may then initiate negotiations with another Vendor.
24. HOAM may initiate concurrent negotiations with more than one Vendor. In concurrent negotiations HOAM will treat each Vendor fairly.
25. Each Vendor agrees that any legally binding contract entered into between the Successful Vendor and HOAM will be essentially in the form of the Proposed Contract.
1. All enquiries regarding the RFP must be directed to HOAM’s Point of Contact.
2. Vendors must not directly or indirectly approach any representative of HOAM, or any other person, to solicit information concerning any aspect of the RFP.
3. Only the Point of Contact, and any authorised person of HOAM, are authorised to communicate with Vendors regarding any aspect of the RFP. HOAM will not be bound by any statement made by any other person.
4. HOAM may change the Point of Contact at any time. This notification may be posted on the system.
Where a Vendor has an existing contract with HOAM then business as usual communications, for the purpose of managing delivery of that contract, will continue using the usual contacts. Vendors must not use business as usual contacts to lobby HOAM, solicit information or discuss aspects of the RFP.
6. Each Vendor must accept and adhere to the Conflict of Interest declaration in the Response Form and must immediately inform HOAM should a Conflict of Interest arise during the RFP process. A material Conflict of Interest may result in the Vendor being disqualified from participating further in the RFP.
7. Vendors must not attempt to influence or provide any form of personal inducement, reward or benefit to any representative of HOAM in relation to the RFP.
8. A Vendor who attempts to do anything prohibited may be disqualified from participating further in the RFP process.
9. HOAM reserves the right to require additional declarations, or other evidence from a Vendor, or any other person, throughout the RFP process to ensure probity of the RFP process.
10. Vendors must not engage in collusive, deceptive or improper conduct in the preparation of their Proposals or other submissions or in any discussions or negotiations with HOAM. Such behaviour will result in the Vendor being disqualified from participating further in the RFP process. In submitting a Proposal the Vendor warrants that its Proposal has not been prepared in collusion with a Competitor.
11. HOAM reserves the right, at its discretion, to report suspected collusive or anticompetitive conduct by Vendors to the appropriate authority and to give that authority all relevant information including a Vendor’s Proposal.
12. HOAM and Vendor will each take reasonable steps to protect Confidential Information and, without limiting any confidentiality undertaking agreed between them, will not disclose Confidential Information to a third party without the other’s prior written consent.
13. HOAM and Vendor may each disclose Confidential Information to any person who is directly involved in the RFP process on its behalf, such as officers, employees, consultants, contractors, professional advisors, evaluation panel members, partners, principals or directors, but only for the purpose of participating in the RFP.
14. Vendors acknowledge that by law, HOAM will not be in breach of its obligations if Confidential Information is disclosed by HOAM to the appropriate authority because of suspected collusive or anticompetitive tendering behaviour. Where HOAM receives a request that relates to a Vendor’s Confidential Information HOAM will consult with the Vendor and may ask the Vendor to explain why the information is considered by the Vendor to be confidential or commercially sensitive.
15. For the duration of the RFP, to the date of the announcement of the Successful Vendor, or the end of the RFP process, the Vendor agrees to keep the RFP strictly confidential and not make any public statement to any third party in relation to any aspect of the RFP, the RFP process or the award of any Contract without HOAM’s prior written consent.
16. A Vendor may disclose RFP information to any person but only for the purpose of participating in the RFP. The Vendor must take reasonable steps to ensure that such recipients do not disclose Confidential Information to any other person or use Confidential Information for any purpose other than responding to the RFP.
17. Each Vendor will meet its own costs associated with the preparation and presentation of its Proposal and any negotiations.
Ownership of documents
18. The RFP and its contents remain the property of HOAM. All Intellectual Property rights in the RFP remain the property of HOAM or its licensors. HOAM may request the immediate return or destruction of any or all RFP documents and any copies. Vendors must comply with any such request in a timely manner.
19. All documents forming the Proposal will, when delivered to HOAM, become the property of HOAM. Proposals will not be returned to Vendors at the end of the RFP process.
20. Ownership of Intellectual Property rights in the Proposal remain the property of the Vendor or its licensors. However, the Vendor grants to HOAM a non-exclusive, non-transferable, perpetual licence to retain, use, copy and disclose the information contained in the Proposal for any purpose related to the RFP process.
No binding legal relations
21. Neither the RFP, nor the RFP process creates a process contract or any legal relationship between HOAM and any Vendor, except in respect of:
a. the Vendor’s declaration in its Proposal
b. the Offer Validity Period
c. the Vendor’s statements, representations and/or warranties in its Proposal and in its correspondence and negotiations with HOAM.
d. no legal relationship is formed between HOAM and any Vendor unless and until a contract is entered into between those parties.
22. HOAM may exclude a Vendor from participating in the RFP if HOAM has evidence of any of the following, and is considered by HOAM to be material to the RFP:
a. the Vendor has failed to provide all information requested, or in the correct format, or materially breached a term or condition of the RFP
b. the Proposal contains a material error, omission or inaccuracy
c. the Vendor is in bankruptcy, receivership or liquidation
d. the Vendor has made a false declaration
e. there is a serious performance issue in a historic or current contract delivered by the Vendor
f. the Vendor has been convicted of a serious crime or offence
g. there is professional misconduct or an act or omission on the part of the Vendor which adversely reflects on the integrity of the Vendor
1. Despite any other provision in
the RFP HOAM may, on giving due notice to Vendors:
a. amend, suspend, cancel and/or re-issue the RFP, or any part of the RFP
b. make any material change to the RFP (including any change to the timeline, Requirements or Evaluation Approach).
a. in exceptional circumstances, accept a late Proposal where it considers that there is no material prejudice to other Vendors. HOAM will not accept a late Proposal if it considers that there is risk of collusion on the part of a Vendor, or the Vendor may have knowledge of the content of any other Proposal
b. in exceptional circumstances, answer a question submitted after the Deadline for Questions, if applicable
c. accept or reject any Proposal, or part of a Proposal
d. accept or reject any non-compliant, non-conforming or alternative Proposal
e. decide not to accept the lowest priced conforming Proposal unless this is stated as the Evaluation Approach
f. decide not to enter into a Contract with any Vendor
g. liaise or negotiate with any Vendor without disclosing this to, or doing the same with, any other Vendor
h. provide or withhold from any Vendor information in relation to any question arising in relation to the RFP. Information will usually only be withheld if it is deemed unnecessary, is commercially sensitive to a Vendor, is inappropriate to supply at the time of the request or cannot be released for legal reasons
i. amend the Proposed Contract at any time, including during negotiations with a shortlisted Vendor
j. waive irregularities or requirements in or during the RFP process where it considers it appropriate and reasonable to do so.
3. HOAM may request that a Vendor/s agrees to HOAM:
a. selecting any individual element/s of the Requirements that is offered in a Proposal and capable of being delivered separately, unless the Proposal specifically states that the Proposal, or elements of the Proposal, are to be taken collectively
b. selecting two or more Vendors to deliver the Requirements as a joint venture or consortium.
Law of the Emirate of Dubai
4. The laws of The Emirate of Dubai shall govern the RFP and each Vendor agrees to submit to the exclusive jurisdiction of the Emirate of Dubai courts in respect of any dispute concerning the RFP or the RFP process.
HOAM will not be liable in
contract, tort, equity, or in any other way whatsoever for any direct or
indirect damage, loss or cost incurred by any Vendor or any other person in
respect of the RFP process.
2. Nothing contained or implied in the RFP, or RFP process, or any other communication by HOAM to any Vendor shall be construed as legal, financial, or other advice. HOAM has endeavored to ensure the integrity of such information. However, it has not been independently verified and may not be updated.
3. HOAM has issued the RFP with the intent of purchasing the goods or services described in the Requirements. The term HOAM (Highrise Owners Association Management LLC) includes its officers, employees, contractors, consultants, agents and representatives.
HOAM- Highrise Owners Association Management
SILICON ARCH, Dubai Silicon Oasis, Dubai, United Arab Emirates