BID N° CCO-13-001 INVITATION FOR BIDS CONCESSION TO PLAN, ORGANIZE AND HOLD THE INTERNATIONAL CONFERENCE AND TRADE SHOW EXHIBITION: WORLD MARITIME & LOGISTICS OUTLOOK PANAMA 2015 PANAMA CITY, REPUBLIC OF PANAMA República de Panamá Bid No. CCO-13-001 The Panama Canal Authority (ACP) is requesting bids from companies interested in the CONCESSION TO PLAN, ORGANIZE AND HOLD THE INTERNATIONAL CONFERENCE AND TRADE SHOW EXHIBITION: WORLD MARITIME & LOGISTICS OUTLOOK - PANAMA 2015, TO BE HELD IN PANAMA CITY, REPUBLIC OF PANAMA. Participants to this conference will have the opportunity to obtain the latest information on: the Panama Canal expansion project and its potential benefits, tolls structure, operating procedures and the rules that will apply for the use of the expanded Canal. Congress program will also include information on the Panamanian transportation and logistics platform, the state of the shipping industry, specific market segments, transportation and logistics, and a users’ forum. To be considered for award, your proposal must be properly identified and delivered at the address indicated in the General Instructions Section. No proposals will be accepted after the time and date stipulated in the Invitation for bid. Offerors shall deliver their proposals in the address indicated in this invitation, and shall assume all costs related to sending the proposal, including custom procedure, if this is necessary. The ACP will consider for evaluation and award only those proposals received on the time in the office of the Panama Canal Authority indicated for this purpose. This contract will be awarded to Offeror who complies with the minimum requirements of this Invitation for bid and whose price proposal offers the highest payment to the ACP for the concession. To be considered, the price quoted by the offeror shall be equal or greater than the base price indicated by the ACP for granting the concession. The Offeror becomes a Concessionaire as soon as contract is awarded and in addition to the concession’s fixed fee, it shall pay to the ACP an amount equivalent to twenty percent (20%) of the total revenues generated from sponsorships, and in this case “revenues generated” means cash payments. In the event that the Concessionaire and the sponsor enter into a barter agreement, the Concessionaire shall pay the ACP a total of USD$4,500 for each sponsorship with a barter agreement. ______________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 2 of 40 TABLE OF CONTENTS Page PART I – PROPOSAL PRESENTATION…………………………………………………… 4 A. GENERAL INSTRUCTIONS……………………………………………………………… 5 B. SPECIFIC INSTRUCTIONS FOR SUBMISSION OF PROPOSAL……………………. 6. C. PROPOSAL FORMATS: LETTER OF ACCEPTANCE AND PRICE LIST……………. 8 PART II – SPECIFICATIONS, TERMS AND CONDITIONS……………………………….. A. WORLD MARITIME & LOGISTICS OUTLOOK - PANAMA 2015……………………… B. SCOPE OF THE CONCESSION…………………………………………………………… C. SCOPE OF CONCESSION AND RESPONSIBILITIES…………………………………. D. INSURANCE AND BOND REQUIREMENTS…………………………………………….. E. BEGINNING DATE OF CONCESSION……………………………………………………. F. TERM OF CONCESSION……………………………………………………………..……. G. CONCESSION COMPENSATION…………………………………………………………. H. TERMINATION OF CONCESSION CONTRACT…………………………………..…….. I. LOCAL REPRESENTATION………………………………………………………………... J. COMMUNICATIONS…………………………………………………………………………. 10 11 11 11 17 22 22 22 23 23 23 PART III – CONTRACT CLAUSES …………………………………………………………… A. DEFINITIONS………………………………………………………………………………… B. PROVISIONS ON BIDDING AND AWARD OF CONTRACT AWARD………………… C. PROVISIONS ON THE ADMINISTRATION AND ENFORCEMENT OF CONTRACT 24 25 25 28 PART IV – MINIMUM REQUIREMENTS……………………………………………………. 38 ______________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 3 of 40 BID N° CCO-13-001 INVITATION FOR BIDS CONCESSION TO PLAN, ORGANIZE AND HOLD THE INTERNATIONAL CONFERENCE AND TRADE SHOW EXHIBITION: WORLD MARITIME & LOGISTICS OUTLOOK – PANAMA 2015 PART I – PROPOSAL PRESENTATION (ACP) ______________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 4 of 40 BID CCO-13-001 A. GENERAL INSTRUCTIONS Bid N° CCO-13-001 Date: 7 de febrero de 2013 Section (ACP) FAXP SEND YOUR PROPOSAL TO: Manager, Assets Bid Type Concession Public highest Price Bid Negotiated highest Price Bid Negotiated Best Value Bid Two Stages Public Bid Planning and Marketing Section, located at the second floor of the Administration Building of the Panama Canal. Electronic proposal, except bid bond, can be sent and received at the email: [email protected] , no later than 8:00 a.m. Panamá, Republic of Panamá time April 8, 2013. All documentation will be treated as CONFIDENTIAL. CONCESSION TO PLAN, ORGANIZE AND HOLD THE INTERNATIONAL CONFERENCE AND TRADE SHOW EXHIBITION: WORLD MARITIME & LOGISTICS OUTLOOK - PANAMA 2015 TO BE HELD IN PANAMÁ CITY, REPUBLIC OF PANAMA DESCRIPTION OF SERVICES The Panama Canal Authority (ACP) requires the services of a concessionaire specializing in event planning, to perform all tasks required to hold an international conference and trade show exhibition in Panama City, Republic of Panama. The ACP and the concessionaire will enter into a concession type contract in accordance with the provisions of the “Acquisition Regulation of the Panama Canal Authority”. The concessionaire shall be responsible for performing all the tasks required for a successful event. The name of the event shall be “World Maritime & Logistics Outlook - Panama 2015”, and shall be promoted as an event hosted and organized by the ACP and the Concessionaire. The event shall be planned to take place sometime within the first two weeks of February 2015, and will last two and a half days. The ACP will provide the concessionaire the exact dates after award. The target audiences are the representatives of shipping lines, shippers, port representatives, terminal operators, shipping organizations, trade associations, third party logistics providers, classification societies, and shipyards, among others. The conference should be both in the English and Spanish languages with simultaneous translation. Speakers may make their presentation in any of these two languages. The minimum number of revenue-generating participants shall be 400. However, a larger audience of around 700 persons may be expected. The conference´s objectives are: Showcase the upcoming completion of the Panama Canal expansion project and to create awareness of its potential benefits. Promote the Panamanian transportation and logistics platform among members of the shipping community. Provide information on tolls structure, operating procedures and the rules that will apply for the use of the expanded Canal. Provide a forum for the exchange of information on the state of the shipping industry, ________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 5 of 40 BID CCO-13-001 specific market segments, transportation and logistics. Present new business development activities undertaken by the Panama Canal Register at least 400 revenue-generating attendees. OFFICIAL CURRENCY All price indicated in this Bid and in proposals should be in US dollars PROPOSAL 1. Offerors shall submit their price proposals by written notice indicating the amounts payable to the ACP. The proposal letter must identify the Bid number, and indicate the offeror expressly and unreservedly acceptance of all terms and conditions of the Invitation for bid with amendments, if any, and all Invitation for bid requirements (refer the proposal letter format of this section). 2. The proposal will be submitted in two (2) sealed envelopes, one containing the price proposal and the other one must have the other information specifically requested in the invitation for Bid, including the Proposal bid bond. 3. The offeror should submit its proposal, three (3) copies, two of which are original and one copy. All copies must be signed in manuscript by the legal representative of the company or the person formally authorized by the Board of Directors of the company or legal person to hold such representation. 4. The sealed envelope containing the proposal should be submitted with the following information: a. Panama Canal Authority. b. Bid No. c. Date, Time (am / pm) and place established for the submission of the proposal. Pre Bid Conference As part of this Invitation for bid Announcement, the ACP will hold a pre-bid conference on February 18, 2013 from 9:00 a.m. to 11:00 a.m, Panamá, Republic of Panamá time, at the second floor of the Administration Building, Finance Vice president Conference Room, located in Balboa, Republic of Panama. Potential offerors may participate via teleconference. The objectives of the pre-bid conference are to explain and clarify the scope of work. Firms interested in participating in the prebid conference shall contact [email protected] to confirm their attendance. Proposal Delivery Proposal package including bid bond should be address or deliver to the Manager, Assets Planning and Marketing Section, located at the second floor of the Administration Building of the Panama Canal, not later than April 8, 2013, 8:00 a.m. Panamá, Republic of Panamá time. Electronic proposal, except bid bond, can be sent and received at the email: [email protected] , no later than 8:00 a.m. Panamá, Republic of Panamá time, April 8, 2013. All documentation will be treated as CONFIDENTIAL. B. SPECIFIC INSTRUCTIONS FOR SUBMISSION OF PROPOSAL. 1. If the offeror is a consortium or partnership accidental (Joint-Venture), the agreement should designate one company to represent the consortium or accidental society in all matters relating to contractual issues with the ACP. This company should be authorized in the agreement to act on behalf of the consortium or partnership accidental. A copy of the agreement will be included with the proposal ________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 6 of 40 BID CCO-13-001 and it must be signed by each and every member. 2. The proposal must include relevant data to that company appointed to act on behalf of the consortium or partnership accidental, and the data of the companies that conform to their addresses, legal representatives, agents, physical address and e-mail, phones, and proof of its existence. 3. The proposal will attach all required documents and that the Offeror considers relevant to prove that meets the qualification requirements and is in a better position to fulfill the contract. 4. The offeror must submit all documentation of their existence and legal representation, duly authenticated. If the documentation comes from abroad, also be required to be legalized. 5. In case the contract is awarded to a consortium or partnership accidental, all constituent companies should be jointly and severally bound to fulfill the contract. INFORMATION AND DOCUMENTS TO BE PRESENTED AND INCLUDED IN THE PROPOSAL PACKAGE The proposal must contain the following information and documents: OFFEROR GENERAL INFORMATION TO BE SUBMITTED 1. Name, address and telephone number of the offeror and the members of the board. 2. Full name and copy of identity card or passport of the person or the (the) representative (s) legal (s) of the consortium or partnership. 3. In case of a legal person or consortium, copy of registration certificate or similar document that establishes the constitution of society, or consortium. DETAILS OF THE PROPOSAL- DOCUMENTS TO BE SUBMITTED 1. Letter detailing the acceptance of terms and conditions established in this invitation for bid. 2. Bid bond 3. Economical Offer - expressed in dollars. Note: Delivery in separate envelope. 4.. Letters to certify seven years of experience of (the) Offeror (s) 5. Copy of Certificate of Operation (or equivalent in case of foreign companies) or any other document to prove that the Offeror has international presence in different continents. 6. List of events organized in the past five years, should include all event information: name of the host company, duties performed by the offeror, comments from participants, list of speakers. 7. Specification of technological tool that offeror uses to handle online registrations, credit card payments, hotel room reservations, and exchange communications with participants in the management of conference registration If possible, additional documents to support the validation time experience: minimum of three letters of providers that provide services particularly related to the development of international conferences. ________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 7 of 40 BID CCO-13-001 C. PROPOSAL FORMATS: LETTER OF ACCEPTANCE AND PRICE LIST 1. Letter of Acceptance of Proposal Mr. Francisco Miguez Vicepresident of Finance and Administration Panama Canal Authority Ref: Submit proposal to the granting of __________, whose specification is identified by Invitation for bid under the CCO-13-001. Mr. Miguez: Our company (general and her legal representative) (company or consortium called [name of the consortium] composed of companies [general each] whose legal representatives are __________), hereby declare that we accept without reservation, all terms and conditions of the invitation for bid, and amendments, identified under the invitation for Bid N°CCO-13-001, and we undertake (jointly and severally in the case of a consortium) to meet the same, and under such terms , then we present our proposal for the Invitation for bid reference. We propose to pay the Panama Canal Authority the amount detailed in our price offer for award of the contract in question as indicated in the invitation for Bid N° CCO-13-001. Enclosed is our proposal Guarantee equivalent to __% of the total amount of our proposal, as required in this bid. Attached certified copies of the documents proving the experience of our company (or consortium) and compliance with the minimum requirements under the invitation for bid terms, as well as documentation and effective legal representation of the company (or the companies comprising the consortium), duly authenticated. _________________________________________ Name of the person or Legal Representative of the Consortium or Association ________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 8 of 40 BID CCO-13-001 PRICE LIST The ACP establishes a base price of USD$200,000.00 for the concession term in order to receive proposals over this amount. In addition to the base price, the awardee shall pay to the ACP the equivalent of twenty percent (20%) of all sponsorships paid in cash. In the event that the sponsorship consists of a barter agreement, the concessionaire shall pay to the ACP a total of USD$4,500 per sponsorship. Offerors shall offer using the space below: PRICE USD$____________________________ AWARD: The highest offeror will be determined on the basis of the Price offered. Award will be made to the highest offeror that complies with the minimum requirements as indicated in Part IV. ________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 9 of 40 BID CCO-13-001 BID N° CCO-13-001 INVITATION FOR BIDS CONCESSION TO PLAN, ORGANIZE AND HOLD THE INTERNATIONAL CONFERENCE AND TRADE SHOW EXHIBITION: WORLD MARITIME & LOGISTICS OUTLOOK - PANAMA 2015 PART II – SPECIFICATIONS, TERMS AND CONDITIONS (ACP) __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 10 of 40 BID CCO-13-001 A. WORLD MARITIME & LOGISTICS OUTLOOK - PANAMA 2015 The name of the event shall be “World Maritime & Logistics Outlook - Panama 2015”, and shall be promoted as an event hosted and organized by the ACP and the Concessionaire. The event must be planned to take place at some time within the first two weeks of February 2015, in Panama City, Republic of Panama and will last two and a half days. The ACP will provide the concessionaire the exact dates after award. B. SCOPE OF THE CONCESSION The ACP is interested in granting a concession to plan, organize and hold the “World Maritime & Logistics Outlook – Panama 2015”. The concessionaire will pay a fixed amount to the ACP and twenty-percent (20%) of the dollar value of the total amount of all sponsorships paid in cash as well as USD$4,500 for each sponsorship under a barter agreement, as stipulated in this contract. The concessionaire shall be an international enterprise with a proven record in planning and organizing international conferences. The concessionaire shall have a duly appointed representative who shall be available to meet with ACP representatives at their request and shall handle conference logistics. The concessionaire shall coordinate all the tasks required for the success of the Conference and shall subcontract all services required. The Concessionaire shall assume the financing of the event and all applicable taxes. The ACP will not disburse any funds or dollar amount to hold and host the conference. C. SCOPE OF CONCESSION AND RESPONSIBILITIES THE CONCESSIONAIRE HAS THE FOLLOWING RESPONSIBILITIES: 1. COORDINATE THE CONFERENCE PROGRAM: The concessionaire shall coordinate the execution of the Conference Program, provide the services of a bilingual Master of Ceremony for all event activities, and shall design, publish, print and distribute the program. The ACP will provide the event program. The ACP will select topics, content and speakers, and the concessionaire may submit recommendations or provide assistance in developing the program and engaging speakers. The Concessionaire shall make all arrangements necessary to ensure that the Conference setup is suitable for the conference format required to hold the different sessions during the event. The program will include plenary sessions and parallel tracks focusing on the following subjects: Maritime Outlook (container, dry bulk, liquid bulk, LNG, car carrier/roro, cruise), Logistics & Supply chain (retailing, distribution, transshipment, Panama’s logistics hub), Panama Canal Users’ forum (expanded Canal operation with emphasis on new rules, tolls, booking, and operating procedures), Trade Routes (West Coast vs. All-Water, Suez, Artic shipping), New Business development at the Panama Canal Authority. The printed program shall include the speakers’ bios, conference logo (refer to Attachment N° 1 – ACP logos), and a welcome address by the ACP Administrator. 2. THE CONFERENCE FORMAT: __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 11 of 40 BID CCO-13-001 The event will include a welcome reception on the date prior to the first day of the conference. On Days 1 and 2 of the Conference, the Concessionaire shall hold general sessions as well parallel tracks from 8:00 a.m. to 5:30 p.m., and evening receptions. Day 3 will be devoted to field trips. A draft conference agenda is provided in Attachment No. 2 for bidding purposes only. The ACP reserves the right to change the agenda after award; however, the number of speakers and sessions would be somewhat similar. 3. TARGET AUDIENCE AND NUMBER OF PARTICIPANTS: The target audience for this event shall include as a minimum: the representatives of shipping lines, shippers, port representatives, terminal operators, shipping organizations, trade associations, third party logistics providers, classification societies, and shipyards, among others. The concessionaire shall guarantee a minimum attendance of 400 revenue-generating participants. However, a larger audience of around 700 persons may be expected. 4. SPEAKERS: The ACP will select speakers as well as conference program and content. The concessionaire shall make all travel and transportation arrangements for all international speakers. The concessionaire will keep in contact with speakers to define their travel itineraries, make air travel arrangements, coordinate transportation to and from the airport in Panama, and handle hotel reservations. The cost of the speakers stay in Panama (hotel, local transportation and per diem) as well as the international airfare charges shall be borne by the concessionaire, unless the speaker agrees to assume the costs. 5. CONFERENCE FEE: The concessionaire is responsible for calculating a reasonable conference fee in order to cover all expenses, and taxes related to the event. ACP recommends that the regular registration fee should not be less than USD$1000 per participant. The concessionaire shall establish a discount offer which should include early-bird discounts, of not more than 15% of the regular fee, a preferential fee equivalent to 85% of the regular fee will also be provided to members of organizations with whom the ACP maintains a relationship. A special fee of 65% of the regular fee should be available for ACP employees. The concessionaire shall provide the ACP with 25 free of charge registrations for V.I.P. guests or managerial personnel. 6. REGISTRATION PERIOD: The concessionaire is responsible for establishing a proper time frame for each event activity which should include dates for the event registration. 7. REGISTRATION METHOD The concessionaire shall plan, organize, and coordinate the registration process of all participants to the event, as well as process payment of registration fees and handle the admission process. The concessionaire shall have a technological tool to handle on line registration and payments. The participants should be able to register online at least eight months prior to the conference date. Registration tables shall be available during the days of the Conference. Credit card payments with Visa and MasterCard shall be available. Wire transfers shall also be available. __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 12 of 40 BID CCO-13-001 On the date of the event, the concessionaire shall verify the identity of each participant, ensure that the admission fee has been paid, and provide identification badges to all participants. The concessionaire’s personnel shall be available on site to handle registrations at least one and a half hours before the event begins. There must be enough registration personnel available to handle large groups of people, and ensure that the process is expeditious. 8. ACCOMMODATIONS: The concessionaire shall negotiate preferential rates with the hotel adjacent to the venue. Within forty-five (45) calendar days after contract award, the concessionaire shall provide the ACP with proof that it has negotiated preferential hotel rates. The concessionaire shall incorporate to the webpage the hotel link so that conference attendees are able to book accommodations online. The webpage shall include any discount code offered to conference attendees. 9. VENUE: The event shall take place at a Convention Center located in Panama City that is adjacent to a fivestar hotel, with capacity for at least 700 rooms. The Convention Center shall include an exhibit hall. The concessionaire shall book the venue as well as hotel rooms for speakers. Participants shall be able to book the hotel on-line, using any discount code provided by the concessionaire. The concessionaire shall provide the ACP with proof that it has contracted the venue within fortyfive (45) calendar days after contract award. The concessionaire shall maintain the relationship with the venue representative and shall ensure that the venue provides all the services required for a successful conference, including conference set-up (including tables, chairs and water jars for participants), lunch receptions, coffee breaks, audiovisual equipment, registration tables, hall dressing, to name a few. In addition, the concessionaire shall be in contact with major sponsors who will be hosting receptions to ensure that all the arrangements are appropriately made. Payment for the venue will be the sole responsibility of the concessionaire. 10. FOOD AND BEVERAGES: The concessionaire shall secure with the venue the catering services required to provide food and beverage for the welcome reception, lunch, coffee breaks, cocktails and field trips outlined in these Invitation for bid. The concessionaire shall provide the ACP with a detailed list of the catering services contracted at least ninety (90) calendar days prior to the date of the conference. The menu shall be of a similar quality to those usually provided in international maritime events. 11. AIRFARE: The concessionaire shall negotiate special rates with participating airlines. These rates shall be available to all conference participants. The concessionaire shall provide the ACP with proof that it has negotiated preferential airfare rates within ninety (90) calendar days of contract award. The conference webpage shall include the web link to airlines and the conference discount code. 12. CONFERENCE MATERIALS: __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 13 of 40 BID CCO-13-001 The concessionaire shall select, buy and distribute all the conference materials to be provided to the participants on the day of the event. The quality and type of materials shall be presented to the ACP for its approval prior to purchase. The materials shall include as a minimum: black polyester, laptopstyle briefcase with shoulder strap and with the conference logo; the conference program; a black vinyl executive folder overprinted with the conference and the ACP’s logos (refer to Attachment N° 1 – ACP logos) and with writing pad included; and a pen. The briefcase may also include promotional items and brochures provided by sponsors, and pre-approved by the ACP. 13. ADVERTISING, COMMUNICACTION AND PROMOTIONAL MATERIAL: The concessionaire shall design an advertising campaign, which shall include ads in international trade magazines (like American Shipper, Journal of Commerce, Fair play, Lloyd’s List), in local newspapers and e-mail campaigns, as well as brochures to be distributed by mail or electronic mail to potential participants. The concessionaire shall invest at least USD$90,000 in advertising in trade publications, and shall provide the ACP with its proposed media plan, for ACP approval, within forty-five (45) calendar days after contract award. The media plan shall include a variety of publications, and shall not be limited to a specific trade magazine or trade magazines owned by a single company. The ACP agrees to invest an additional USD$90,000 in promoting the event internationally and locally, through advertising in trade publications and promotion in international events. The ACP may support the event by issuing press releases to create awareness of the conference and promoting the event at international conferences in which it participates. Brochures and flyers should be provided by the concessionaire. 14. WEBPAGE: The concessionaire shall design and manage the event webpage, which shall include as a minimum: the conference logo, the ACP logo (refer to Attachment N° 1 – ACP logos), the conference program, information on speakers, field trips, venue, participating hotels, exhibit layout and information, registration forms, sponsorships, names of the organizers (with a link to their respective webpages) and their companies’ logos, information on supporting airlines and discount codes, information on Panama as a destination (“what to do while in Panama”). The participants shall be able to register and pay the conference fee through the webpage. The ACP reserves the right of requesting changes to the webpage design and format. The webpage shall be deactivated within two months after conference conclusion. In addition to the webpage, the concessionaire is encouraged to promote the event through a mobile app resource center. 15. PRESENTATIONS WEB-LINK: Within ten (10) calendar days after conclusion of the Conference, the concessionaire shall post in the Conference webpage the speakers’ presentations, and shall provide participants with the web-link and password that shall be used for accessing the presentations. 16. SPONSORSHIPS: The concessionaire shall design the sponsorship packages, which may include exhibit booth space and admission of a limited number of participants per sponsor, as well as the name of the sponsors in __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 14 of 40 BID CCO-13-001 the event advertising. Sponsorship packages shall be priced at market value, with prices similar to the ones applied for other shipping/transportation conferences. The concessionaire shall sell the sponsorship packages, and shall inform the ACP the names of the potential sponsors prior to concluding the sale. The ACP reserves the right to unilaterally reject any sponsor whose reputation may impact negatively on the event or on the ACP image. The ACP will support the concessionaire in this task by providing a list of potential sponsors. 17. SPEAKER GIFTS: To be provided by the concessionaire and approved by the ACP. 18. SIMULTANEOUS TRANSLATION: The concessionaire shall provide simultaneous translation services in English and Spanish, and shall ensure that necessary equipment, including headphones for participants, cabin setup; audio/microphones for the translators are available. 19. PHOTOGRAPHER AND VIDEO RECORDING SERVICES: Photographer and video recording services shall be provided, especially during keynote speakers’ addresses and cocktail receptions. 20. TRANSPORTATION: The concessionaire shall subcontract the services of a transportation company to provide transportation services to and from the cocktail receptions and field trips. In addition, the concessionaire shall provide airport transportation services to speakers. 21. EXHIBITION: The concessionaire shall design the exhibition layout, number of booths, develop the exhibitors’ manual, subcontract the services of local companies specialized in booth design and installation, supervise and manage the exhibit hall. The concessionaire shall maximize the sale of exhibit booths to increase revenues. The concessionaire will be the liaison among exhibitors, subcontracts and venue representatives, and should ensure compliance with all rules or requirements stipulated by the venue representatives for the use of their installations as exhibit halls. The setup for the exhibition shall be done at least one day prior to the inauguration of the event, and the dismantling of booths should begin on Day 2 after 6:00 p.m. Within forty-five (45) calendar days after contract award, the concessionaire shall provide the ACP with a detailed plan for the exhibition which should include: promotional plan, costs, layout showing different booth sizes, and map. The concessionaire shall also provide the proposed exhibit prices, based on market value, and shall provide the ACP with proof that the proposed exhibit prices are in line with those charged in Panama for international exhibitions of similar topics. The exhibition space shall include the floor space for a large booth for the ACP at no cost. The ACP reserves the right to sell Panama Canal souvenirs and memorabilia in its booth and retain all profits related to the sale. Under no circumstances, the concessionaire shall provide free exhibit space to any other company; however, the exhibit space could be included as part of a sponsorship package. __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 15 of 40 BID CCO-13-001 22. SIGNAGE: The concessionaire will be responsible for providing all event signage, which shall incorporate the conference logo and the ACP logo (refer to Attachment N° 1 – ACP logos). The quality and type of signage to be used during the event should be approved by the ACP. The ACP will design the conference logo (refer to Attachment N° 1 – ACP logos) and provide the artwork to the concessionaire for use in all promotional materials and event signage. The concessionaire shall use the logo in according with the guidelines provided by the ACP in Attachment N° 1 – ACP logos. In addition to the conference logo, the ACP logo shall be included in all promotional materials and shall be categorized as the major sponsor. 23. CONCESSIONAIRE’S ON-SITE PERSONNEL The concessionaire shall provide personnel on-site during the days of the Conference. These personnel will be in charge of the logistics, coordination and hosting the event. There should be at least one concessionaire’s supervisor on-site for coordination purposes. The services of a bilingual master of ceremony shall be included. 24. REPORTS: Within ten (10) calendar days after contract award, the concessionaire shall provide the ACP with a document outlining all the tasks that will be performed by the concessionaire for the successful execution of the contract, and which should incorporate a Gantt chart with the time frames for completing each task under the contract. The concessionaire shall submit on a monthly basis a report to the Contracting Officer’s (COR) outlining all tasks performed during the month and information on the sponsorships packages sold, including the name of the sponsors and the dollar value. The concessionaire shall submit a report detailing all work performed within ten (10) calendar days after the conference conclusion. The report shall provide a detailed description of all sponsorships sold and the dollar amount. THE ACP HAS THE FOLLOWING RESPONSIBILITIES: 1. DESIGNING THE CONFERENCE PROGRAM AND CONTENT, AS WELL AS SELECTING SPEAKERS ACP will structure a two-day conference program with half a day for field trips. The program will include plenary sessions and parallel tracks focusing on the following subjects: Maritime Outlook (container, dry bulk, liquid bulk, LNG, car carrier/ro-ro, cruise), Logistics & Supply chain (retailing, distribution, transshipment, Panama’s logistics hub), Panama Canal Users’ forum (expanded Canal operation with emphasis on new rules, tolls, booking and operating procedures), Trade Routes (West Coast vs. All-Water, Suez, Artic shipping), New Business development at the Panama Canal Authority. The Concessionaire will be responsible for designing, printing and distributing the program. The program shall include the speakers’ bios, conference and ACP logo (refer to Attachment N° 1 – ACP logos), and a welcome address by the ACP Administrator. 2. ARTWORK __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 16 of 40 BID CCO-13-001 Providing the artwork for the conference logo and guidelines for its use (refer to Attachment N° 1 – ACP logos). 3. COCKTAIL RECEPTION Host a cocktail reception at the Miraflores Visitors Center for all registered participants (for this cocktail, the ACP will cover catering service, and transportation shall be provided by the Concessionaire). 4. FIELD VISIT Host field visits to the Panama Canal Expansion Observation Center in Gatun for registered participants in groups of 100 people arriving in 45-minute intervals (transportation shall be provided by the Concessionaire). 5. ACP BOOTH Install an ACP booth in the exhibit hall. 6. CONFERENCE PROMOTION Promoting the event at international conferences in which the ACP participates. Sending e-mails inviting and promoting the event to prospective participants in the ACP database. Invest the amount of USD$90,000, in international and local promotion (including advertising in trade publications and promotion in international events). D. INSURANCE AND BOND REQUIREMENTS The Concessionaire must comply with the following Insurance Requirements: 1. Commercial General Liability (that includes fire liability), Event Planner Liability insurance or coverage of a comparable nature to cover bodily injury (including death) and property damage to third parties arising out of all activities related to this concession as carried out by the concessionaire, subcontractor or subcontractors or any other contracted directly or indirectly by the concessionaire or subcontractor during contract execution. Coverage must be in force during the entire concession period. The concessionaire shall maintain enough insurance to cover property damages, personal injuries and damages including death, with limits of not less than USD$500,000.00 Per event up to USD$1,000,000.00 In the annual aggregate. This coverage shall include, in addition, the following risks: • • Products Liability; Advertising Liability; __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 17 of 40 BID CCO-13-001 • • Damage to premises rented (including but not limited to hotel that serves as venue) to concessionaire or subcontractor by fire and related events; Medical expenses for emergencies – USD$5,000.00 Per person up to USD$100,000.00 In the annual aggregate. ACP and venue (hotel) must appear as additional insured with the right to claim as third parties. Should coverage not be available as a single package, separate insurance policies could also be presented. Existing insurance coverage are also acceptable. 2. Passenger Liability insurance or similar coverage as available in the local market to cover passenger bodily injury including medical expenses, accidental death, permanent disability and dismemberment during transportation of participants and speakers to and from the cocktail receptions, field trips, and airport transportation with coverage limits of not less than USD$5,000.00 Per person for medical expenses and USD$10,000.00 per person for accidental death, dismemberment and permanent disability. Coverage to be presented by owner and/or operator of the vehicle. The Concessionaire shall, procure that every subcontractor, or exhibitor take out and maintain a policy or policies of insurance in accordance with this Clause (when they are applicable) with wellestablished insurance companies that comply with the qualifications established in this clause. Other terms and conditions applicable for all insurance policies required in this clause. Cancellation Clause – all insurance policies and endorsements presented for this contract, except for the Passenger Liability insurance that may only be valid during transportation of participants and speakers, shall remain valid during the entire period of the concession. However, in case of cancellation or modification of any of the policies above, a written notice shall be sent thirty (30) calendar days in advance, directly from the insurance company to the ACP Contracting Officer at the address shown on the Communications section below. The insurance company shall receive confirmation that the notification has been received by the Contracting Officer for this to be valid. Inclusion of a Cut-Through Clause: Should reinsurance be implemented, reinsurers and the reinsured shall agree on that if the re-insured should at any time become insolvent or face any financial problem, notice be given to the Reinsurers, the Reinsurers shall pay to the originally insured that portion of any loss due to the original insured from the Reinsured which represents the liability of the Reinsurers to the Reinsured under the terms of this policy, less the premium, if any, due to the Reinsurers, it being hereby agreed that such payment by Reinsurers to the said original Assured shall fully discharge and release the Reinsurers from any and all further liability in connection with such loss. Financial Rating: The concessionaire shall procure and all insurance companies, pursuant to the provisions established in this clause by insurance companies that at the time such insurance policies are taken out, shall hold a minimum long-term credit rating either from A.M. Best “A-“, Standard & Poors (S&P) “A-“, Moody’s Investor’s Service “A3” or Fitch Ratings “A-“; or from insurance companies legally established in the Republic of Panama and authorized by the Insurance Superintendency of the Republic of Panama to write general and technical insurance businesses, which may write per policy up to ten percent (10%) of the last Adjusted Technical Net Worth published by the Insurance Superintendency of the Republic of Panama in the quarterly report published during the period when the insurance should be issued. __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 18 of 40 BID CCO-13-001 In the case of the insurance companies legally established in the Republic of Panama and authorized by the Insurance Superintendency of the Republic of Panama to write insurance businesses in the general and technical fields that are branches of foreign companies, they may write the policies indicated in the above paragraph up to a maximum of ten percent (10%) of the last audited Net Worth of its parent company, for which it shall provide documentation showing such value. Panamanian insurance laws requires that any company that is legally domiciled or established in the Republic of Panama must obtain their insurance from Panamanian insurance companies authorized to write the type of insurance that is requested. Therefore, should the concessionaire be a company legally domiciled or established in the Republic of Panama, he must comply with this rule. The Concessionaire shall fully indemnify, defend, and hold harmless ACP, and its directors, officers, agents, representatives, and employees ("ACP Indemnified Parties"), from and against any and all claims, demands, liabilities, judgments, actions, damages (whether absolute, accrued, conditional or otherwise and whether or not resulting from third Person claims), losses, penalties, costs and expenses (including amounts paid in settlement, out-of-pocket expenses, and reasonable fees and expenses of attorneys incurred in the investigation or defense of the foregoing or in asserting rights hereunder) (collectively, "Claims") asserted against or incurred by the ACP Indemnified Parties. The Concessionaire must also ensure that all parties involved in the planning and performance of this concession release ACP from any responsibilities as related to this concession. The concessionaire shall comply with the following Bonding Requirements: 1. The Concessionaire shall submit a performance and a payment bond within a period of ten (10) calendar days following the notice of award of the contract. 2. The performance bond guarantees the compliance with the contract or with the obligation to faithfully execute the purpose of the contract and, upon compliance therewith, to correct any defects that may be present. The bond shall be effective from the date the contract is awarded up to three months after conference has finished. The bond shall be in the amount of the final bid price awarded. 3. The payment bond shall guarantee payment to third parties for labor services rendered and supplies used in the execution of the main contract. The penalty sum shall be fifty percent (50%) of the contract amount (final bid price awarded), when the contract is less than USD$1,000,000.00; forty percent (40%) of the contract amount, when the contract is more than USD$1,000,000.00, but less than USD$5,000,000.00, and USD$2,500,000.00 when the contract amount exceeds USD$5,000,000.00. Its validity period shall be the same as the term of the concession, plus a period of one hundred and eighty (180) calendar days counted from the date of the last publication of the ad announcing the completion of the concession, and its satisfactory acceptance on the part of the Authority. Such publication shall be made in a newspaper with nationwide circulation. 4. The ACP shall establish criteria or limits applicable to grant the bonds. Said limits or criteria shall be defined by the Administration and Finance Department. 5. The ACP will only approve and accept bid bonds, performance bonds and payment bonds when issued by an “Acceptable Bond Insurer”. __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 19 of 40 BID CCO-13-001 6. An Acceptable Bond Insurer means any insurance company legally established in the Republic of Panama and authorized by the Insurance Superintendency of the Republic of Panama to write surety business. 7. Acceptable Bond Insurers may issue bonds up to a maximum of ten percent (10%) of the last Technical Adjusted Net Worth published by the Insurance Superintendency of the Republic of Panama in the quarterly report for the period during which the bond should be issued. Those Accepted Bond Insurers that are branches of foreign companies may issue up to a maximum of ten percent (10%) per bond of the last audited Net Worth of its parent company, for which it must provide documentation showing such value. 8. For the purposes of allowing more flexibility in the issuance of these bonds, it shall be possible to accept a maximum of five (5) coinsurers per bond; each coinsurer shall meet the same requirements, and hold the same rights and responsibilities, and shall only be held liable for the amounts established in the bond for each one individually. In the event that a bond is issued with several coinsurers, one coinsurer shall be appointed as leader and coordinator of the bond, for the presentation as well as for the execution. 9. In those cases where bonds exceed the maximum limit established for the Acceptable Bond Insurers, reinsurance coverage may be obtained with insurance or reinsurance companies that have the “Acceptable Bond Reinsurer Rating”, provided that the reinsurance structure used has previously been approved by the ACP to such effect. In these cases, the “Acceptable Bond Insurers‟ shall retain directly, per bond, a minimum of fifty percent (50%) of the ten percent (10%) of its last Adjusted Technical Net Worth published by the Insurance Superintendency of the Republic of Panama in their quarterly report, for the period during which the bond is to be issued, and in the case of the branches of foreign companies, of the last audited Net Worth of its parent company, for which they must provide documentation showing such value. 10. An “Acceptable Bond Reinsurer Rating‟ means, the minimum long-term credit rating the insurance company or the reinsurer that subscribes any portion of the bonds shall have the support of an Authorized Insurer either from: A.M. Best of “a-“, or “A-“ from Standard & Poors (S&P), or “A3” from Moody´s Investor´s Service, or “A-“ from Fitch Ratings. In case the insurance company or the re-insurer has several long-term credit ratings, the rating with the most recent date will be taken into account. 11. The Acceptable Bond Insurers shall include in their request for approval of the reinsurance structure to be used in the performance bond and payment bond, the following information: a. Contract number and title b. Value of each bond c. Value withheld by the Acceptable Insurer from each bond d. Name of the coinsurers to be used in each bond, if applicable, and the value and percentage they will subscribe e. Name of the insurance or reinsurance companies used for each bond and the value and percentages they will subscribe __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 20 of 40 BID CCO-13-001 f. The most recent long-term credit rating of the insurance or reinsurance companies that will be subscribing part of the bonds, name of the financial rating issuer and number assigned by it, if applicable. 12. For the final acceptance of the performance bonds and payment bonds using reinsurance, the concessionaire shall submit together with these the following documents: a. Signed Letter from the Acceptable Bond Insurer, including the number and title of the Invitation to bid or the Contract; the retention value and percentage retained in each bond; the name of each of the insurance or reinsurance companies used, and the value and percentage subscribed by each of these, and name of authorized signatory; and b. Signed Letter from each of the insurance or reinsurance companies used in the issuance of each bond, including the number and title of the Invitation to bid or the Contract; and the value and percentage subscribed by each of these in the bond issuance, and name of authorized signatory. 4.28.73. BID SECURITY. 1. The ACP shall establish the criteria or applicable limits for issuance of bid securities. The limits or criteria shall be defined by the Administration and Finance Department. 2. Unless otherwise specified, Offerors shall submit together with their bid proposal a bid security, which should amount to no less than ten per cent (10%) of the total amount of the bid proposal. 3. This security shall be in effect for a maximum of ninety (90) calendar days after the date established to receive the proposal in the corresponding bidding ceremony, except for such cases in which, due to the amount of the bid or complexity of the ceremony, the Contracting Officer sets a different period. 4. The bid bond may be in either one of these forms: • Bid bond • Irrevocable letter of credit (standard format accepted and provided by ACP) 5. Should the submitted bid security be a bid bond, it shall comply with the provisions set forth in clause 4.28.50 “Performance and Payment bonds” contained herein. 6. Should the submitted bid security be an irrevocable letter of credit, it must be issued by an “Acceptable Financial Agency”. 7. An Acceptable Financial Agency means any financial entity legally established in the Republic of Panama, with a General License issued by the Bank Superintendence of the Republic of Panama. 8. An Acceptable Financial Agency may issue irrevocable letters of credit up to ten per cent (10%) of the last Net Worth published by the Bank Superintendence of the Republic of Panama. Those Acceptable Financial Agencies that are branches of foreign companies may issue letters of credit up to a maximum of ten percent (10%) of the last audited Net Worth of its parent company, for which they must provide documentation showing such value. 9. Acceptable Financial Agencies that have the “Acceptable Financial Rating for Letters of Credit”, may issue letters of credit up to thirty per cent (30%) of the last Net Worth published by the Bank __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 21 of 40 BID CCO-13-001 Superintendence of the Republic of Panama, and in the case of the branches of foreign companies, of the last audited Net Worth of its parent company, for which they must provide documentation showing such value. 10. An “Acceptable Financial Rating for Letters of Credit” means the minimum long-term credit rating the financial agency shall have to increase the authorized limit per letter of credit established under paragraph 8 of this clause: either “A-” from Standard & Poors (S&P) or “A3 from Moody´s Investor´s Service; or “A-“from Fitch Ratings. In case the financial agency holds several long-term credit ratings, the rating with the most recent date will be taken into account. 11. Should the corresponding bid security not be attached to the proposal or if the bid security does not comply with the requirements established in this clause, said proposal shall be flatly rejected. E. BEGINNING DATE OF CONCESSION The concessionaire will initiate the conference planning as soon as the contract is awarded. F. TERM OF CONCESSION The term of this concession is from the date the contract is awarded to three months after conference has finished. G. CONCESSION COMPENSATION Fixed Payment: The concessionaire will pay a fixed payment to the ACP. The fixed payment will be made as follows: 1. One payment of 50% of the amount six months prior to the Conference date. 2. One payment of 50% of the amount within thirty (30) calendar days after the conference finished. Variable Payment: The concessionaire will pay a variable payment based on the 20% of the total revenues generated by the sale of sponsorship packages in cash, and/or USD$4,500 for each sponsorship under a barter agreement. The variable payment will be made thirty (30) calendar days after the conference finished. The concessionaire shall submit a report outlining the sponsorship packages sold (in cash and barter) and the amount in cash paid by each sponsor. The ACP reserves the right to audit the Concessionaires’ documentation related to sponsorships. Payments will be made by cashier's check or certified check payable to the Panama Canal Authority and should be delivered to the branch of Citibank in Balboa, or can be made through direct transfers on behalf of the Panama Canal Authority to account 0550305054 stream unless the concessionaire receives specific written instruction of the ACP stating that payment is made in another bank. H. TERMINATION OF CONCESSION CONTRACT If the concessionaire fails to comply with any term of this contract, the ACP will require in writing that such failure is remedied. If concessionaire fails to remedy in a term of five (5) calendar days after service of notice, the ACP can run the required security (performance bond) and terminate the contract __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 22 of 40 BID CCO-13-001 for reasons attributable to the concessionaire immediately. If running the security does not terminate the contract, the concessionaire should provide a new bond to the satisfaction of the ACP. The resolution determines the execution of the bond and / or termination of this contract concessionaire should be notified in writing without prejudice to any other claims entitled to the ACP. The Contract may be terminated in advance for any of the following causes: 1 For activity in conflict with existing or future laws of the Republic of Panama. 2. Termination by mutual agreement between the ACP and the concessionaire. 3. Unilateral decision of the ACP. 4. By concessionaire´s default of any of its obligations under the concession agreement, including without limitation, the following: 4.1 for delinquency in the payments established in this bid. 4.2 The bankruptcy, dissolution of the concessionaire or insolvency or bankruptcy related. I. LOCAL REPRESENTATION The concessionaire is not required to have a local representative in Panama City, nevertheless, should designate a person available as a contact person of the contract. J. COMMUNICATIONS Any communications related to the contract should be address to ACP: Name: Address: Jessica Adams Assets Planning and Marketing Section Administrations Building, Balboa, Ancón Telephone number: 272-7115 email: [email protected] __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 23 of 40 BID CCO-13-001 BID N° CCO-13-001 INVITATION FOR BIDS CONCESSION TO PLAN AND PERFORM THE INTERNATIONAL CONFERENCE AND TRADE SHOW EXHIBITION: WORLD MARITIME & LOGISTICS OUTLOOK - PANAMA 2015 PART III – CONTRACT CLAUSES (ACP) __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 24 of 40 BID CCO-13-001 A. DEFINITIONS For purposes of this contract, the words and terms contained in this Invitation for bid refer to the following: 1. Award. Act by which the contracting officer determines and accepts based on the law, regulations and the Invitation for bid terms, the proposal most advantageous to the interests of the ACP and with perfect contract signing the contract, ending the pre procedure. 2. Offeror: Natural or legal person, partnership or association accidental, domestic or foreign, domiciled inside or outside the territory of the Republic, who has full legal capacity, bound by the concession contract with the ACP. 3. Controversy. Dispute regarding time of execution, interpretation or termination. 4. Contracting Officer: Employee of the ACP authority to make contracts on behalf of it. 5. Invitation for bid. Requirements set unilaterally by the ACP to hold this concession contract, specifying the object thereof, including terms and conditions, rights and obligations of the Offerors and the offeror, and the procedure to follow in formalizing and execution of the concession agreement. 6. Exhibitor: entity or individual that buys an exhibition space to set a booth in the conference. 7. Sponsor: entity or individual that pays a large sum of money (over USD$10,000) to have its name or brand presented in conference materials, signage and/or promotion. B. PROVISIONS ON BIDDING AND AWARD OF CONTRACT AWARD 1. The distribution of the Invitation for bid will be electronic, and may be obtained through the website announced by the ACP. 2. In view of the complexity of the procurement, the contracting officer may conduct preliminary meetings with the Offerors in order to standardize the terms and conditions of the Invitation for bid, terms, statements and clauses. a. In cases where these meetings are conducted and discrepancies could not be resolved, the Invitation for bid documents will be adopted with or without changes, unilaterally by the ACP, by amendment to the Invitation for bid. b. Estimate that there are grounds to effect change, the contracting officer may incorporate by amendments to the Invitation for bid, including, if warranted by the changes, the extension of the deadline for submitting proposals. 3. If there are amendments to the Invitation for bid, all terms and conditions of the Invitation for bid that have not been modified or changed remain unchanged and in effect. 4. The contracting officer is the only person authorized to make changes to contracts. __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 25 of 40 BID CCO-13-001 5. Amendments to this Invitation for bid will be made publicly available by the same means used for the publication and distribution of the Invitation for bid. 6. Offerors shall acknowledge receipt of amendments to the Invitation for bid before the time, date, and place of opening of bids for one of the following ways: a. Identifying the number and date of the amendment in its proposal b. By letter which identifies the Bid and number of the amendments. 7. When the Offeror is a legal person, the legal representative or a person duly authorized by the company will sign the proposal and contract. In cases of accidental consortia and associations, legal representatives or authorized persons of each proposal should sign the contract. 8. Two or more entities may submit one proposal jointly for the award, execution and performance of a contract, jointly liable for each and every one of the obligations arising from the proposal and contract. Therefore, the proceedings, acts and omissions that occur in the development of the proposal and the contract will affect equally to all members of the consortium or association. The transfer of rights and obligations of one or more components of a consortium must be authorized by the contracting officer, upon reasoned decision and review of legal advice. 9. Before the date and time set for the submission of proposals, the Invitation for bid may be canceled by the contracting officer. The postponement will be communicated by amendment. There are valid reasons to cancel the Invitation for bid: a. Changing the ACP requirements. b. The ACP unilaterally decides not to franchise. c. When amendments to the Invitation for bid warrant the development of a new specification. 10. Proposals may not be withdrawn, unless amendments are made to the Invitation for bid, in which case allow removal for the purpose of making the changes that may be required. The request for withdrawal of a proposal can only be made in writing by the proposer or a person expressly authorized by him. 11. Obvious mistakes in the proposals that are the result of arithmetic operations will be corrected by the contracting officer, in consultation with the Offeror, based on the unit price stated in the proposal, unless the Offeror does not accept. 12. The contracting officer should declare the act desert concessionaire selection, partially or totally, by reasoned decision, in the following cases: a. Lack of offerors. b. All proposals do not complying with the requirements of the Invitation for bid. 13. This concession will be awarded to the qualified offeror submitting the proposal more favorable to the ACP under the evaluation criteria set out in this document and which accompanied the proposal with the proposed bond required by this specification. __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 26 of 40 BID CCO-13-001 14. The contract award will be notified by fixing an edict on the Internet, for a period of five (5) business days. The term should commence from the working day following the edict. 15. This contract is subject and enforced in accordance with the provisions of this Invitation for bid, the contract and the regulations of the Panama Canal Authority, the Organic Law of the ACP and additionally by the other provisions of Panamanian law. 16. When a dispute arises on the occasion of the execution, interpretation or termination of the contract, the concessionaire and the contracting officer will try to reach an agreement. 17. In the absence of the agreement, the contracting officer should document the outcome of this attempt and the parties submit to the administrative process for the resolution of disputes in this contract. This process does not have the effect of suspending or delaying its obligations under the contract. 18. In case of protests concerning the selection of concessionaires should consider the following guidelines: a. Protests are legal challenges to nature, within a process of selection of concessionaires, are made against the objections, award acts, the disqualification of offerors or denial of the request for prequalification. b. To be admitted, the protest should be in Building 101, Balboa, Republic of Panama, address to the Administrator, within the terms established under the Regulation. Protests must be accompanied by pre constituted evidence and resolved by the chief of the contracting office within thirty (30) calendar days from the filing of the protest. c. The protest should clearly indicate that it is a protest, appeal or statement of claim against the charge, award acts, the disqualification of offerors or denial of the application for prequalification, the recurring general, the number of Bid or contract , the challenged action; involvement or injury caused to the plaintiff, the correction request and copies of relevant documents. d. The protest against the Invitation for bid does not require monetary bail protest and will be presented before the date and time for receipt of proposals, except where expressly established in the Invitation for bid and a date other than deadline, in which case may submit only subject and protests within the period established in the Invitation for bid. When you have made a prequalification process prior to concessionaire selection process may lodge protests against the Invitation for bid respective prequalified Offerors. e. The protests against the award process and disqualification of proposer must be submitted within a period of three (3) business days from the expiration of the term of fixing edict of notification of award of contract on the internet. The term should commence from the working day following the date of fixing edict. f. The protest against the award process with amount exceeding USD$10, 000.00, must, to be admitted, be accompanied by monetary deposit (certified check) in favor of the Panama Canal Authority equal to five percent (5%) of amount of the proposal, but are exceeding USD$100, 000.00, to account for the costs and damages incurred in processing. If the protest is unfounded clearly stated in the resolution issued by the Administrator will order the execution of __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 27 of 40 BID CCO-13-001 the bond in favor of the ACP. g. The protest against the disqualification of proposer does not require monetary bail protest. h. The protest supported suspended concessionaire selection process or the execution of the contract until it is resolved, unless the suspension represents undermine the ACP. i. The resolution of the protest issued by the Administrator. C. PROVISIONS ON THE ADMINISTRATION AND ENFORCEMENT OF CONTRACT 1. RESPONSIBILITIES The ACP has the responsibilities of: a. Requiring Concessionaire suitable and timely execution of its contractual obligations. The same requirement may make the guarantor of the obligation. b. Periodically review the contract to ensure they comply with the requirements in the contract and offered in the proposal and should promote responsible actions against him and his sureties, where such conditions are unfulfilled in accordance with the contract. c. Undertake timely, so that the actions attributed to the ACP do not cause more onerous in the fulfillment of obligations by the concessionaire; corrected in the shortest time possible mismatches that may arise, and agree on the mechanisms and procedures to prevent or resolve differences quickly and effectively or those that become litigations filed in accordance with the contract. d. Forward actions aimed at obtaining compensation for damage suffered by the ACP in the development or during the contract, exercising its power to promote actions and be part in processes related to compliance, performance or termination of the contract. e. Manage the recognition and collection of monetary penalties and guarantees that might arise. The concessionaire has the rights and responsibilities of: a. The Concessionaire must avoid unduly interfere with the operation of the ACP. b. Provide the service described herein, subject to the terms and conditions stated therein. c. Collaborate with the ACP, as necessary, so that the contract is fulfilled and is of the highest quality. Obey orders during the development of the contract will be issued and, in general, act with loyalty and good faith in contractual stages, avoiding delays. d. Ensure that the services performed under the contract and granted its proposal and will make payments to the ACP of the amount proposed under the contract, thereby responding with no guarantees that they will be the limit of their obligations. e. The concessionaire should be responsible and the ACP will ensure the good quality of the contract. The grantee must employ sufficient and appropriate staff, pay their employee benefits, __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 28 of 40 BID CCO-13-001 obtain and maintain insurance and other requirements described in this SO. f. The concessionaire will be legally responsible for hiding when hiring, disabilities, incompatibilities or prohibitions, or for supplying false information. g. If the Concessionaire or any of its members if it is a consortium, was a foreigner, he should record in its proposal and the contract of losing diplomatic claim and methods of conflict resolution set out in the investment protection agreements signed between their home country and the Republic of Panama, except in case of denial of justice. It is understood that there is a denial of justice when the concessionaire has had the opportunity to bring the resources and means of action provided under this contract, and does not make use of them leaving prescribe the terms, or when having made use of these, decision has been executed. This requirement also applies to foreign companies that exist who own or have control over the shares or shares in it, and in the case of a foreign assignment of the contract, in the same circumstances. h. There will be ACP responsibility for the acts of the Concessionaire, its staff or subconcessionaires. i. The Grantee should retain all documentation of the contract, on paper or electronically, for 5 years after completion of the concession contract. All documentation related to the contract, such as spreadsheets, ledgers and accounting practices used in the contract will be available to the office of the Inspector General of the ACP since the beginning of the contract until five years after the end of same. 2. MINIMUM WAGE This contract for services is subject to the minimum wage of USD$ 2.90 per hour for those workers of the concessionaire rendering direct services on the premises of the ACP in the Canal area. Compliance with the minimum wage shall be subject to auditing of payrolls, stubs, Social Security payment statements of the employees and other documents that prove the payment of the abovementioned wage. 3. IMPORT DUTIES AND TAX FOR THE TRANSFER OF GOODS AND SERVICES (ITBMS). The price offered shall include all import duties and the tax for the transfer of goods and services provided at the rate in effect when the obligation of payment of such goods and services provided are acquired and must be paid at the Ministry of Treasury and Finance for all materials and/or equipment that are incorporated into or utilized in this contract, except for the supply of specific materials and/or equipment noted in the solicitation document. 4. BUSINESS DAY. The working hours for recruitment system will be the days observed by the Panama Canal Authority in hours, Monday through Friday from 8:00 am to 4:15 pm. 5. CONTRACT INTERPRETATION. Contracts entered into by the ACP are subject to the provisions of the ACP Acquisition Regulation, as well as to the terms and conditions the Contract. The interpretation of the provisions of the Acquisition Regulation and of this Contract shall always recognize the __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 29 of 40 BID CCO-13-001 fundamental purpose of the legal functions bestowed upon the ACP, and abide by the principle of equity in its relationship with the Contractors. 6. CONTRACTING OFFICER´S REPRESENTATIVES (COR). The Contracting Officer may designate, by way of an administrative modification to the contract, contracting officer’s representatives for the technical, financial or general administration of the contract. 7. ADMINISTRATIVE PROCEDURES FOR CLAIMS. a. Claim as used in this contract means a written request by the concessionaire to the ACP indicating as a matter of right, the payment of certain sum of money, the adjustment or interpretation of contract terms, or other relief related to the contract. The request shall include the claimed sum certain that can be updated as costs continue to be accrued in the performance of the contract, the contractual clauses on which the claim is based and all evidence necessary to support the claim. b. The concessionaire shall file any claim in writing to the contracting officer, as soon as he considers that there is a basis for such claim, but in no case, a claim submitted should be considered after ninety (90) calendar days from the date on which the act that motivates the claim occurred. c. The submission of a claim shall contain, as a minimum: the contract number, all the details and basis of the claim, including the support of the reasons why the concessionaire considers that the claim is attributable to the Panama Canal Authority, the certain and definitive sum of the claim, which could be adjusted if the claimed expenses continue to accrue in the performance of the contract, the contractual clauses and regulations on which it is based, all the evidence that supports it and a declaration that shall state that the claim is made in good faith, that the supporting data are accurate and complete, that the amount requested accurately reflects the contract adjustment for which the contractor believes the Panama Canal Authority is liable. The submission of a claim that does not contain, at least, the elements previously established, will give rise to the return of the request for claim and the request thus returned shall not suspend the time period for the presentation of the claim. d. Within the period of sixty (60) calendar days after receipt of any claim, the contracting officer shall render a resolution disposing the claim. The resolution shall include the sum certain and the rationale for sums of money claimed accepted and rejected and shall resolve claims of contract interpretation or other relief. f. The contracting officer’s resolution is only subject to the administrative recourse of appeal to the Administrator. The appeal shall be submitted to the Executive Manager of the Purchasing, Warehousing and Inventories Division, within five (5) business days of notification of the contracting officer’s resolution to contractor by faxing a copy of the corresponding contracting officer’s resolution, and shall include any new evidence that the appellant pretends to introduce at the second stage. For the appeal to be admitted, it shall be timely submitted. g. The Administrator shall notify, in writing by fax or email, the appellant of the admission or rejection of the appeal. The appeal decision shall be rendered by the Administrator, not later than thirty (30) calendar days counted from the date in which the respectively appeal was __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 30 of 40 BID CCO-13-001 admitted. Copy of the resolution will be sent to the appellant by fax or email. h. Claims presented to the concessionaire by the Panama Canal Authority shall be rendered by a contracting officer’s resolution; the claims shall be notified to the concessionaire by sending a copy of the resolution by fax or email, and shall be subject to the administrative appeal recourse established in the preceding paragraphs. The period for submission the appeal to Panama Canal Authority claim resolution shall be five (5) business days counted from the notification to the concessionaire. These claims will be documented as contract modifications, for bookkeeping purposes. i. The resolution of the appeal by the Administrator exhausts the administrative proceeding. j. As an exception and when deemed in the best interest of the Panama Canal Authority, the contracting officer may include expressly in the contract or in the bid documentation, an arbitration clause as means for the resolution of all disputes or claims under the contract in the interpretation, execution or termination of the present contract. In case the contracting officer decides to include such clause, the text shall be: “Exhausted the administrative proceeding, detailed in this clause, the concessionaire may present, within s i x t y ( 60) calendar days following the date in which the administrative proceeding was exhausted, a request for arbitration for the same claim that was examined in the administrative proceeding. The arbitration shall be in law and the contract shall indicate the corresponding arbitral tribunal. 8. DELAYS IN THE COMMENCEMENT OF CONTRACT PERFORMANCE. a. When the Concessionaire cannot commence performance of the contract for causes attributable to the ACP, and the concessionaire concomitantly, the contractor shall have the right only to an extension in the contract performance or delivery term for a period not less than those of the delays. b. When the concessionaire cannot commence performance of the contract for causes attributable to the ACP: • The concessionaire shall have the right to be reimbursed for the direct costs that necessarily and reasonably have been incurred during the proven delay period. • The concessionaire may also be compensated for his administrative expenses, up to a maximum of ten percent (10%) of the direct costs that have been recognized by the ACP as being related to the period of delay; the ACP shall not compensate additional administrative expenses for any other circumstances nor use any other means to estimate this expense. • Profits shall not be paid on expenses related to the delay. • The Concessionaire shall have the right to an extension of the contract performance time, for a period not less than the delay. • Cost increases and time extensions granted to the Concessionaire shall be documented in writing through amendments to the Contract. 9. ARBITRATION AGREEMENT. __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 31 of 40 BID CCO-13-001 a. It is hereby established that Arbitration Law shall be the jurisdictional means of resolution of any dispute or claim that may arise from this concession. b. The arbitration shall be finally settled under the rules of the Conciliation and Arbitration Center of the Chamber of Commerce, Industry, and Agriculture of Panama, in conformity with its procedures and regulations established for these effects. c. The concessionaire shall meet the following requirements, to proceed to jurisdictional means of arbitration: 1. Exhausted the administrative proceeding detailed in clause 7 ADMINISTRATIVE PROCEDURES FOR CLAIMS, the concessionaire may present, within sixty (60) calendar days following the date in which the administrative proceeding was exhausted, a request for arbitration for the same claim that was examined in the administrative proceeding, 2. The arbitration shall be in law and shall be conducted in Spanish language. 10. ADMINISTRATIVE RESOLUTION OF CONTRACT BY ACP UNILATERAL DECISION. a. The ACP reserves the unilateral right to partially or totally terminate the performance of the contract. The Contracting Officer shall notify the Concessionaire in writing of the Contract termination, specifying the reasons, the dates and extent of the termination. b. Upon being notified of termination of the Contract, the Concessionaire shall: • • • • • • • Immediately stop all the work that he or his subcontractors are performing; Continue to perform any portion of the contract that has not been terminated. Secure and protect all property of the A C P ; Remove from the work site all temporary installations and equipment that are his property and that have not been incorporated to the work, as long as such removal does not cause, in the ACP’s judgment, any damage to ACP´s property, or to the work and/or the installations already built; Transfer title and deliver to the ACP any manufactured articles, supplies, material, drawings, designs, and any other information that, had the contract been completed, would become property of the ACP; Make attempts to sell any manufactured article, supplies, material, or product of the contract that is not required by the ACP, as long as the Contracting Officer provides his approval. Submit, at the latest 60 calendar days after termination of the contract, his claim for the amount, which he considers, is due him as a result of Contract termination. c. In case of termination of the Contract due to the unilateral decision of the ACP, the Concessionaire shall have the right to be reimbursed those direct costs related to the work which was accomplished, and for preparatory work performed on the uncompleted portion of work, as long as these costs were necessary and reasonably incurred. d. The concessionaire may also be compensated for indirect costs, up to a maximum of ten (10) percent of the direct costs of the work accomplished. __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 32 of 40 BID CCO-13-001 e. The A C P will not compensate any additional administrative expenses for any other reason nor use any other method to estimate that expense. f. A profit rate of five (5) percent will be recognized on direct and indirect expenses incurred on the completed work. g. No profit shall be recognized if it is estimated that the Concessionaire would have suffered losses, had the Contract been completed. h. The amount that the ACP will pay the Concessionaire as a result of termination of the Contract shall not be more than the total amount of the Contract. i. In case of discrepancies regarding the termination of the Contract, these may be resolved using the resolution of claims clause. 11. ADMINISTRATIVE TERMINATION OF THE CONTRACT DUE TO CAUSES ATTRIBUTABLE TO THE CONCESSIONAIRE. The ACP may partially or totally terminate the execution of the contract for causes attributable to the Concessionaire. The following are causes for an administrative termination: a. Noncompliance with contractual obligations; b. The Concessionaire’s death, the Contractor’s permanent physical disability, or the dissolution of the Concessionaire’s firm when it is a corporation and such a dissolution results in the extinction of the contractual relationship according to the terms that, in this regard, are established in the contract; c. The Concessionaire’s bankruptcy or existence of creditors’ liens, or when the Concessionaire’s payments have been suspended or stopped, without the Contractor having filed for bankruptcy; d. Any obvious indication that there will be noncompliance with the contract terms. Prior to the notice of cancellation, the Contracting Officer shall notify the Concessionaire and his surety, (when a performance bond was required), and assignee of payments in writing, of the intent to terminate the contract, explaining the reasons for the termination and providing a deadline to the Concessionaire to correct the deficiencies that have led to the default, delay, or the failure to comply with instructions given. If the Concessionaire disagrees with the ACP with regard to the measures to correct, repair, remedy, amend, or resolve the situation in a satisfactory manner, or does not comply with the agreed to thereof, the contracting officer may terminate the contract. The contracting officer’s resolution by which the contract is terminated for cause attributable to the concessionaire shall be notified by fax or email by sending a copy of such resolution the concessionaire, the surety, (when a performance bond was required), and assignee of payments. Once notified of the resolution of contract termination, the Concessionaire shall: a. Suspend all work that either he or his subcontractors are performing; __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 33 of 40 BID CCO-13-001 b. Continue performing any portion of the work that was not terminated; c. Guarantee and protect the property of the Authority. The contracting officer shall immediately notify the surety (when a performance bond was required) of the contract termination and it shall be allowed a period of thirty (30) calendar days from the date of the default notice to pay the performance bond or substitute the concessionaire in all of his rights and obligations. If the contracting officer terminates the contract, the ACP shall not have the responsibility to pay the Concessionaire any monies on account of the contract termination until the end of the guarantee period specified in the contract, and after such period until the completion costs and all other costs incurred by the ACP have been determined. The Concessionaire shall then have the right to receive only those sums of money, if any remaining after deducting the amounts previously mentioned. However, if this amount exceeds the sum that would have been payable to the Concessionaire at the completion of work, then the Concessionaire shall pay the A C P the excess amount and this shall be considered a debt owed to the ACP and accordingly, it shall be demandable and recoverable. Against the contracting officer’s resolution, the Concessionaire may submit an administrative recourse of appeal to the ACP Administrator. The recourse of appeal shall be submitted and will be resolved in accordance with the proceedings established in numeral 8 administrative procedures for claims. 15. FORTUITOUS CAUSES. The Contract will not be terminated for causes attributable to the Concessionaire and no penalties will be charged to the Concessionaire in the event that the Concessionaire’s failure to comply with the obligations of the Contract or the Concessionaire’s delay in the performance of the Contract is based exclusively on events that constitute “force majeure” or “fortuitous events”. “Force Majeure” or “Fortuitous Events” means any unforeseeable event which is beyond the Concessionaire’s control, which having arisen, the Concessionaire could not have reasonably avoided or overcome and which impedes, the Concessionaire in the performance of its obligations under the Contract. Examples of these causes, as long as they are not attributable to the Concessionaire, but not limited to the herein indicated, are fires, floods, epidemics, strikes by persons other than the Concessionaire’s personnel and other employees of the Concessionaire and Subcontractors, quarantine restrictions, and unusual weather conditions such as earthquakes, hurricanes and typhoons. The Concessionaire shall notify the Contracting Officer in writing, not later than one working day after the Concessionaire is affected by any force majeure or fortuitous event which impedes or delays the Concessionaire’s performance of the Contract. The Concessionaire may request an extension of time for completion of the contract, provided that the occurrence of the force majeure or fortuitous event alleged by the Concessionaire occurred and such event has caused him a delay. The time extension will depend on the delay caused to the Concessionaire by the event. Any additional cost as a result of the force majeure or fortuitous event shall be the Concessionaire’s responsibility. 16. ASSIGNMENT OF CONTRACT. __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 34 of 40 BID CCO-13-001 By the assignment of a contract, the concessionaire (assignor) transfers to a third party (assignee) the rights and obligations proceeding from the contract, requiring prior expressed approval of the Panama Canal Authority, after having fully complied with the requirements established in the Acquisition Regulation, the contract and the conditions contained in the bid document. To request the assignment of contract, the following documents shall be submitted: a. A letter, signed by the legal representative or by a person authorized by the assignor, requesting to the contracting officer the assignment of contract, that shall include the contract description, (number, amount, object and award date), and the name of the assignee. b. The Assignment of Contract Agreement, signed by the legal representative or by a person authorized by the assignor and assignee, with the corresponding notarization of the signatures. This Agreement shall indicate that the assignee accepts all responsibilities for the execution of the contract in accordance with the terms and conditions required in the contract. c. Authorizations by the assignor’s and assignee’s Board of Directors to make and accept, respectively, the Assignment. d. All the necessary documents that will allow the contracting officer to corroborate that the assignee meets and complies with all the requirements and criteria applied to the assignor at the time of contract award, as well as all the conditions and warranties required as a contractor. e. Certificates from the Public Registry of the assignor and assignee (or its equivalency in case of foreign entities). f. Authorization and endorsement from the surety or guarantor of the contract and any insurance policies required in the contract. g. Copy of the identification card or passport of the legal representative or person authorized to sign for the assignor and assignee. h. In case the assignor and assignee are foreign entities, all documentation shall be notarized, and translated to the English or Spanish language, in the language in which the contract was made. 17. COMPLIANCE THE GLOBAL COMPACT OF THE UNITED NATIONS ORGANIZATION The Panama Canal Authority as signer of The Global Pact of the United Nations Organization, and in recognition of this initiative of ethic compromise, adopts as an integral part of its strategy and its operation to watch and promote the Compact Principles among its suppliers and contractors, as detailed herein: Principle 1: Businesses should support and respect the protection of internationally proclaimed human rights; and Principle 2: Make sure that they are not complicit in human rights abuses. __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 35 of 40 BID CCO-13-001 Principle 3: Businesses should uphold the freedom of association and the effective recognition of the right to collective bargaining; Principle 4: The elimination of all forms of forced and compulsory labor; Principle 5: The effective abolition of child labor; and Principle 6: The elimination of discrimination in respect of employment and occupation. Principle 7: Businesses should support a precautionary approach to environmental challenges; Principle 8: Undertake initiatives to promote greater environmental responsibility; and Principle 9: Encourage the development and diffusion of environmentally friendly technologies. Principle 10: Businesses should work against corruption in all its forms, including extortion and bribery. 18. RULES OF CONDUCT In order to avoid conflicts of interests, real or apparent, with respect to former officials and employees of the Panama Canal Authority, the following rules of conduct shall apply: In accordance with article 32 of Agreement 11 (6 May 1999) and corresponding modifications, by thereof the Ethic and Conduct Regulation of the Panama Canal Authority, the following rules of conduct are established: a. Former employees shall not represent another person, entity, group, or organization, at the Panama Canal Authority, in relation to any contract or particular business in which the former employee participated in a personal and substantial manner while employed by the ACP. This prohibition forbids the former employee to communicate, present itself, participate in meetings, act or represent, in any manner, another person or entity, corporation, organization of any nature or group at ACP, in relation to any contract or particular business in which the former employee participated in a personal and substantial manner, by reasons of its duties while employed by the ACP. For these purposes, it shall be understood that “direct, personal and substantial participation” means that participation of the former employee that took place while employed by ACP and in which he / she made a decision with respect to the contract or particular business; made an approval, disapproval, recommendation, or advisory in relation to a contract or particular business; or made an investigation with respect to the contract or particular business; or made contacts with firms, offerors, providers, contractors, and received and evaluated documentation, proposals, bids, programs, getting involved in such a manner in interactions that gave him / her knowledge of the business before or after the contract. b. For a period of two years after leaving employment with ACP, the former employee shall not represent another person at ACP, in relation to any business that was pending under his / her __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 36 of 40 BID CCO-13-001 responsibility during the last year of service. It shall be understood that “any business that was pending under his / her responsibility” means any theme that was assigned to the former employee or to any person supervised by the former employee, including projects or contracts that were being in process under his / her responsibility during the last year of employment with ACP. c. During the period of two years after leaving employment with the ACP, the Administrator, the Sub-Administrator, Inspector General, and the chiefs of principal offices shall not represent any person with the intention to influence in ACP, in relation to any pending issue or of substantial interest to ACP. In accordance with article 18 of Agreement 24 (4 October 1999) and later modifications, by which the Acquisition Regulation of the Panama Canal Authority was created, the following rules of conduct are established: a. Former ACP employees whose principal duty was the participation in ACP´s acquisition processes, shall not act in any bider selection process for the period of two (2) years from the last day of employment with ACP. This prohibition is for those former employees that had as a main duty to recommend, evaluate or select in the contracting process, or performed duties as purchasing agents, contract specialists, contract specialist supervisors, and contracting managers. b. Former ACP employees, which have participated in a specific acquisition process, shall not represent the concessionaire at ACP in any business related to this process, for a period of three (3) years from the last day of employment with ACP. The former employee shall not participate, process, act nor represent the concessionaire at the ACP, in any business related to the contract in which he / her participated, until the stated period of three (3) years has concluded. ACP officials and employees that have to deal with former ACP officials or employees in situations as described above, shall inform the former ACP official or employee, and the persons, firms, organizations or groups that he / her represents, that in accordance with this contractual clause it is not possible or viable to realize any type of interaction or activity with such former official or employee. The official or employee that experience or has knowledge of any incident that involves the noncompliance with any of the rules of conduct mentioned in this clause, shall immediately inform his / her direct supervisor, manager or hierarchical superior. The noncompliance with any of the rules of conduct included in this clause shall be construed as an intentionally noncompliance with a contractual obligation with the ACP, for the former ACP official or employee and to the firm represented by these former ACP officials or employees, and in addition to any penal and civil actions, may constitute grounds to initiate the debarment proceeding against the former ACP official or employee and to the firm, established in Chapter XVI of the Acquisition Regulation of ACP. __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 37 of 40 BID CCO-13-001 BID N° CCO-13-001 INVITATION FOR BIDS CONCESSION TO PLAN AND PERFORM THE INTERNATIONAL CONFERENCE AND TRADE SHOW EXHIBITION: WORLD MARITIME & LOGISTICS OUTLOOK - PANAMA 2015 PART IV – MINIMUM REQUIREMENTS (ACP) __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 38 of 40 BID CCO-13-001 MINIMUM REQUIREMENTS To be considered for contract award, the offeror will have to comply with the following minimum requirements: 1. The company shall have at least seven years of international experience planning, organizing, managing, coordinating and supervising conferences, exhibits and corporate events similar to the one outlined under this Invitation for bid. 2. The company shall have international presence. 3. Knowledge of technological systems and availability of the equipment and technology required to handle online registrations, credit card payments, hotel room reservations, and exchange communications with participants. 4. Proven experience in event commercialization and conference management. 5. The event manager proposed by the offeror shall have at least five years of experience coordinating and managing international conferences that include exhibit halls. PASS OR FAIL CHECK LIST To be considered for this contract, offerors shall propose a minimum fee of USD$ 200,000 or higher, and award will be made to the highest offeror that complies with the following requirements. In addition to the fixed base price, offerors shall pay to the ACP the sponsorship payments stipulated in this invitation for bid. For the purpose of the evaluation of the contract, only the minimum fee offered as fixed base price will be considered. Requirement Description 1. Complies Does not comply Experience: the offeror should demonstrate that it has at least seven years of professional international experience planning, organizing, managing, coordinating and supervising conferences, exhibits and corporate events similar to the one outlined under this Invitation for bid. To be considered, the experience should include the organization international events with emphasis in shipping, logistics, international trade and/or transportation. The offeror should describe the international __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 39 of 40 BID CCO-13-001 2. 3. 4. 5. and local events that it has successfully managed, and that have had at least 300 participants and exhibit halls. The names of at least three similar events should be provided, with information the place and type of event and the number of registered participants. International presence: the offeror should have international offices or representatives/partners in at least two of the following areas: Europe, Asia, North America, South America or Latin American. The offeror should send a letter from the international partner, confirming his international relationships. Technological capabilities required to handle online registrations, credit card payments, hotel room reservations, and exchange communications with participants. The offeror should describe the technological tools it will use to manage the event, administer the participants’ database as well as target prospective participants, and a description of how it plans to integrate customer services. Commercialization: the offeror should provide a summary of the marketing activities it has used to promote at least three similar events and the revenues obtained from these events. The offeror should demonstrate that it has access to databases of key players in the shipping, logistics and/or transportation sectors. Event manager: the offeror should provide the resume of the proposed event manager, who should have at least five years of experience coordinating and managing international conferences that include exhibit halls. To comply, the event manager should have been responsible for at least three events, with two of these including exhibit halls. __________________________________________________________________________________ Sección de Planificación y Comercialización de Bienes Page 40 of 40
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