Acceptance of Terms of Use

The use of this site is governed by the terms of use set out forthwith. Please take the time to read them carefully. The access or use of GuySuCo eProcurement by users, in any way, shall be deemed to constitute their acknowledgment, acceptance and confirmation of the Terms of Use and any applicable instructions, processes, procedures and recommendations as advised without further action.

Jurisdiction

This website is established in Guyana and shall be governed by the laws of Guyana. When you use this website, you accept that your use of the website and any information on the website, shall also be governed by the laws of Guyana and if any dispute arises from your use of the website or any of the information on it, you agree that any such dispute is to come within the exclusive jurisdiction of the Guyana’s Courts.

Registration and Notices

1. Users must register with the GuySuCo eProcurement Application, to become a Registered User to access Tender documentations and related addenda, and to upload Tender Responses. Users who are not Registered Users will have limited access to the functionalities in the application.
2. The Registered User is responsible for logging in to GuySuCo eProcument Application to provide online submission of bids or and quotes.
3. In the event that PCMD amends the conditions of a public tender, it will make reasonable efforts to inform Registered Users and those who specified an email address on downloading the tender. All information relating to tender notices (including amendments) will be posted on the relevant Tender Details Page.
4. PCMD accepts no responsibility if a Registered User fails to become aware of any addendum notice which would have been apparent from a visit to the relevant Tender Details Page on GuySuCo eProcument Application.
5. Registered Users consent to the provision of information in electronic form to and from Registered Users and PCMD in connection with the conduct of public procurement processes.

Amendments

1. PCMD reserves the right to amend information, design and services provided on GuySuCo eProcument Application without notice and without liability.
2. PCMD reserves the right to add, amend or vary the Terms of Use by publishing notice of such changes on the GuySuCo eProcument Application and the continued use of the GuySuCo eProcument Application will signify Registered User’s acceptance of any such changes from time to time.

Protection of Registered user details, usernames and password

1. The Registered User is responsible for maintaining the confidentiality of their company details and subsequent registered usernames and passwords. The Registered User is responsible for ensuring that all of their company details (including information and documentation) are complete, valid, accurate and up-to-date.
2. Failure by the Registered User to maintain or update their company details or to ensure the accuracy or completeness of the company details may result in suspension and/or termination of the Registered User’s account. Prior to suspension and/or termination of the Registered User’s account, the Registered User will be notified.
3. If the security or confidentiality of company details or a username or password assigned to a Registered User is compromised, arising by reason, the Registered User must immediately notify the Procurement and Contract Department by email (eprocurement@guysuco.com) and immediately change their password.

Website Content and Permitted use

1. Downloaded public tender documentation from the GuySuCo eProcument Application may not be amended, altered or modified in any way. Tender documentation or information on the GuySuCo eProcument Application may not be reproduced without the prior written consent of the Procurement and Contract Department of GuySuCo. Public Tender responses by non-registered users can be lodged by other means other than electronically via GuySuCo eProcurement.
2. RFQ Responses must be lodged electronically via GuySuCo eProcument Application. RFQ Responses lodged by any other means, including by hand, facsimile or email, will not be considered.
3. The GuySuCo eProcument Application functionality includes a full audit trail. This information may be used for auditing purposes.
4. Users must ensure that they give themselves sufficient time to complete all questions, upload all documentation and submit all required tender documentation (including all requirements under the Tender) before the deadline for receipt of responses has passed.
5. Visitors and Registered Users agree not to use the GuySuCo eProcument Application to:
   • Upload any data or content that is not related to the prescribed detail of information required.
   • Upload or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or business;
   • Upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

Tender Closing Times

1. A Tender Response must be lodged before the Closing Time.
2. For Tender Responses submitted electronically, the countdown clock on the Submission page will display in real time the amount of time left until the Closing Time. The time displayed on the countdown clock is deemed to be the correct amount of time left until the Closing Time and will be the means by which PCMD will determine that a Tender Response or a RFQ response has been lodged by the Closing Time.
3. PCMD may extend the Closing Time at its sole and absolute discretion, and will issue an addendum notifying any decision to extend.
4. Registered Users are responsible for ensuring their infrastructure including operating system and browser revision levels meet the minimum standards as defined on GuySuCo eProcurement Application. Neither PCMD nor ISD take any responsibility for any problems arising from Registered Users' infrastructure and/or Internet connectivity.

Preparing to Lodge a Tender or RFQ Response

1. The Registered User warrants that, when it lodges its Tender Response and or RFQ responses electronically, it has taken reasonable steps to ensure that the electronic files lodged are free of viruses, malicious code or other disabling features which may affect GuySuCo eProcument Application and/or the PCMD environment. Any Tender Response found to contain viruses; malicious code or other disabling features will be excluded from the evaluation process and the Registered User account terminated.
2. Registered Users must lodge their Tender Response in accordance with the requirements set out in the relevant documentation for file format/s, naming conventions and file sizes. Failure to comply with any of these requirements may exclude the Tender Response from the evaluation process.
3. For Tender Response file name/s Guysuco Procument Application will not allow:
• The use of special characters, including but not limited to \ / : * ? " < > |. Check your files and re-name them if necessary; and
• A filename that exceeds 100 characters including the file extension. Check your files and re-name them if necessary.
4. Tender Response files:
• Should adhere to file size requirements as detailed in the relevant Tender or RFQ documentations;
• Should be uploaded from a high level directory on the Registered User’s desktop, so as not to impede the upload process;
• Should not be selected from a secure or password protected location, or from portable media such as, but not limited to, CD, DVD or USB; and
• Should be zipped (compressed) together for transmission to Guysuco Procument Application using a software zip application.
5. Guysuco Procument Application will accept up to a maximum of five files in any one upload of a Tender Response. Each upload should not exceed the size limit as detailed in the relevant Tender documentation. If an upload would otherwise exceed the specified size limit, the Registered User should either:
• Transmit the Tender Response file(s) as a compressed (zip) file not exceeding the size limit; and/or
• Lodge the Tender Response in multiple uploads ensuring that each upload does not exceed the size limit and clearly identify each upload as part of the Tender Response.
6. If a Tender Response consists of multiple uploads, due to the number of files or file size, Registered Users must ensure that transmission of all files is completed before the Closing Time.
7. Tenders must be completely self-contained. No hyperlinked or other material may be incorporated by reference. All supporting material must be directly related to the specific Tender should be provided in accordance with the tender notice requirements.
8. Tender Response lodged through Guysuco eProcument Application will be deemed to be authorised by the tenderer.

Lodgement Process Guidance

1. Before submitting an electronic Tender Response, it is strongly recommended that Registered Users:
• Ensure their technology platform meets the minimum requirements identified, if any, on GuysuCo eProcument Application;
• Ensure their internet connection is working correctly and in the case of wireless internet connection that the signal is strong and stable;
• Refer to GuySuCo eProcument Application Help guidance, if required, on uploading a Tender Response;
• Take all steps to ensure that the Tender Response is free from anything that might reasonably affect useability or the security or operation of GuySuCo eProcument Application
• Ensure that the Tender Response does not contain macros, script or executable code of any kind.
• Ensure that the Tender Response complies with all file type, format, naming conventions, size limitations or other requirements specified within the Tender Notice documentation or otherwise required by GuySuCo eProcument Application.
2. Registered Users should allow sufficient time for Tender Response lodgement, including time that may be required for any problem analysis and resolution prior to the Closing Time.
3. Registered Users should be aware that holding the “Lodge a Response” page open in the web browser will not hold the electronic tender box open beyond the Closing Time. Tender Responses cannot be lodged after the Closing Time.
4. If Users have any problem in accessing the GuySuCo eProcument Application website or uploading a Tender Response they must contact the GuySuCo eProcument Application Help Desk prior to the Closing Time for technical and operational assistance
.

Communicating with users

Registered Users will be issued emails from the website from time to time on pertinent information such as notification of changes, maintenance, technical issues, or requests to update company information. Occasionally, surveys to establish Registered User satisfaction with the website may be issued, as well as communications relating to public procurement.

Security

The User acknowledges that although reasonable security precautions have been taken by ISD, including the provision of a secure and robust operating environment, the nature of communication by the internet is of such that ISD does not warrant that unauthorised access to information and data transmitted via the Internet will not occur.

Disclaimer of liability

PCMD and ISD do not accept responsibility for and shall not be liable, either in contract or in tort, for any direct, incidental, consequential, indirect loss or any other losses, costs, expenses or damage of any kind caused as a result of using the GuySuCo eProcument Application in any respect including:

• non-availability of the website;
• delays in uploading files;
• interruptions;
• any errors in transmission or downloading documentation from the website;
• breach of the Terms of Use by a user;
• loss of data or information;
• non-adherence by any persons to the stipulated procedural requirements (including deadlines) which apply to public procurement competitions or processes;
• the completeness and accuracy of a users’ company profile or alerts/settings that have been activated;
• Non-functioning or malfunctioning of the website or technical issues otherwise occurring in connection therewith.

PCMD and ISD have taken all reasonable care to compile information and material on this website.

Website feedbacks

PCMD and ISD welcome your feedback and comments about this website. If you think there are any functional issues or out-of-date information on the website, please let us know. Please email PCMD at eprocurement@guysuco.com or use the Contact Us webpage

Privacy policy and conduct of user

1. Once a Registered User is logged into GuySuCo eProcurement Applicaion the activities are tracked. This information is used to create summary statistics, which allows PCMD to assess the number of visitors to the website, viewing RFQs and tender notices and to identify what pages are accessed most frequently and generally,
2. Any personal information that users volunteered to Guyscuo Procurement Applicaion will be treated with the highest standards of security and confidentiality. Any information, which users provide in this way, is not made available to any third parties. In addition, GuySuCo eProcurement Application email lists will not be passed on to third parties.

Breach of Terms of Use

1. Resultant to any breach of the Terms of Use, PCMD may take appropriate action to terminate, restrict or suspend Registered User access to the whole or any part(s) of the website and or its content or functionality.
2. If a Registered User account has not been used for a period of 12 months, PCMD may enter into correspondence with the Registered User, using the contact information supplied by the Registered User, to request the Registered User to use the account. Following this correspondence, if the Registered User fails to use the account within the timeframe stated in the correspondence, PCMD may terminate and/or suspend Registered User access to the account.