Invitation to tender for the rights of the
FIFA Food & Beverage Concessionaire Programme
Phase I
2014 FIFA World Cup Brazil™
FIFA Confederations Cup Brazil 2013
1. Introduction
2. The Selection Process
3. Submission of Documentation and Information
4. Legal Provisions
Appendix 1: Statement of Undertaking
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1. Introduction
The Fédération Internationale de Football Association (FIFA) wishes to invite tenderers to
submit tenders for the operation of the FIFA food and beverage operations for the following
FIFA events:
•
•
2014 FIFA World Cup Brazil™ and
the FIFA Confederations Cup Brazil 2013.
The “FIFA Food & Beverage Concessionaire Programme” is the programme to cater for the general
ticket holders for both the aforementioned events as well as catering for certain media groups and onsite staff and volunteers working at the events.
FIFA expects that around 3,000,000 tickets (which includes around 300,000 hospitality guests) will be
sold in total for the 12 stadiums of the 2014 FIFA World Cup Brazil™ and estimates that there will be
circa 750,000 spectators for the FIFA Confederations Cup Brazil 2013 (which will be staged in 4 to 6
stadiums). Within the on-site staff group at the 2014 FIFA World Cup Brazil™ there will be up to
18,000 volunteers.
For this purpose, FIFA intends to organise a tendering process (“Tender”).
This document represents Phase 1 of the Tender, according to which interested parties are invited to
respond by providing the requested information listed in Section 3.
2. The Selection Process
This Tender process is divided into two phases:
 Phase 1 of the Tender: FIFA invites companies to respond to this document by providing the
information requested in this document listed in Section 3.
On the basis of this information, FIFA intends to evaluate the suitability of interested parties and
intends to determine which parties will be eligible to receive the full Tender document and participate
in Phase 2.
 Phase 2 of the Tender: Following the evaluation of the information returned by interested parties in
Phase 1, FIFA will ask the selected parties to sign a confidentiality agreement and will then send such
parties the full Tender document in order to participate in Phase 2. Phase 2 of the Tender sets out the
detailed requirements and the terms and conditions for the FIFA Food & Beverage Concessionaire
Programme.
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The following timeline represents the overview of the process for the FIFA Food & Beverage
Concessionaire Programme (and is subject to alteration in FIFA’s absolute discretion):
•
17 February 2012 - 18:00 CET
Deadline for receipt by FIFA of requested
information and documentation under this
Phase 1
•
On or before 9 March 2012
Selected parties are invited to participate in
Phase 2. Following receipt by FIFA of a signed
confidentiality agreement, such parties will
receive the Phase 2 documents.
Details of timelines beyond this point shall be included in the Phase 2 documents.
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3. Submission of Documentation and Information
In order to be considered eligible to receive the Tender documents constituting Phase 2 of the Tender,
interested parties must provide FIFA with the required documentation and responses to the questions
specified in this Section 3 (the “Documentation”).
The Documentation must be provided in English, and must be on headed notepaper signed by the
necessary duly authorised person(s) and shall include:
•
full details of the return address and contact person for all matters in connection with the
Tender;
•
responses to the following questions/ provision of the relevant information to illustrate the
below points. Responses should be kept short (as a guide circa 250 words for each point):
i.
ii.
iii.
Experience with public concession catering at multi day, multi venue sporting events.
Proof of footprint in the Brazilian food and beverage concessions or catering market.
Information regarding previous operation in more than one of the host cities of the 2014 FIFA
World Cup™.
Proof of current ample human resources with proven experience to build a food and beverage
concessions programme.
Proof of sufficient financial backing in order to invest in and implement the FIFA Food &
Beverage Concessionaire Programme.
Proof of possession of physical resources (including necessary catering, serving equipment) in
order to support the implementation of the FIFA Food & Beverage Concessionaire Programme.
Information regarding past experience in incorporating sustainability measures in food and
beverage preparation and services.
Proven experience with the preparation and training of a significant (i.e. more than 1000)
amount of temporary staff.
iv.
v.
vi.
vii.
viii.
In addition, please provide us with:
ix.
x.
Annual reports together with key accounting figures from the last three years.
An organisational chart with key personnel (such people should be English speaking).
Please be sure to include with your responses:
•
the "Statement of Undertaking" in the form provided in Appendix 1 below, signed by an
authorised representative(s).
The Documentation must be sent in hardcopy (2 copies) by registered post and one electronic copy,
and must be received by FIFA by no later than 18h00 CET on 17 February 2012 at the following
address:
Raphael Weber
Fédération Internationale de Football Association (FIFA)
5
FIFA Strasse 20
P.O Box
8044 Zürich
Switzerland
The electronic copy as well as any requests and questions with respect to this Phase 1 of the
Tender should be sent by email to:
[email protected]
Upon receipt of the Documentation, FIFA shall determine, at its sole discretion, if it requires further
information/documentation or clarification from any or all of the interested parties. FIFA may request
additional information in this regard.
Following receipt of the Documentation from interested parties, FIFA intends to determine in its sole
discretion, which parties will be eligible to receive Phase 2 of the Tender. Such parties will be required
to sign a confidentiality agreement prior to receipt of the Phase 2 documents.
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4. Legal Provisions
By responding to this Phase 1 of the Tender, the tenderer irrevocably and unconditionally
acknowledges and accepts that:
This Phase 1 together with any other aspect of the Tender (including without limitation Phase 2 of the
Tender) shall be governed by and construed in accordance with the substantive laws of Switzerland,
the Vienna Convention on the International Sale of Goods being excluded. All disputes concerning the
same are to be promptly settled between the tenderer and FIFA by negotiation. If no solution can be
reached, such disputes shall, to the exclusion of any court or other forum, be exclusively resolved by
an arbitral tribunal consisting of three (3) arbitrators under the auspices of, and pursuant to, the Swiss
Rules of International Arbitration of the Swiss Chambers of Commerce. The seat of the arbitration
shall be Zurich, Switzerland and the language of the proceedings shall be English. For the avoidance of
doubt, any determination made by the arbitral tribunal shall be final and binding on the parties.
Nothing contained in this Phase 1 together with any other aspect of the Tender (including without
limitation Phase 2 of the Tender) or in any related communication made by FIFA or their
representatives, agents or employees during the tender process shall constitute an offer by FIFA to any
party or a binding promise to any interested party or contract between FIFA and any tenderer, nor
shall it be taken as constituting any representation, warranty or other obligation by FIFA that an
appointment of any third party will be made pursuant to this Tender process or otherwise or that
Phase 2 of the Tender will be conducted.
FIFA shall be under no obligation to review or consider any responses submitted in response to this
Phase 1 or any other aspect of the Tender (including without limitation Phase 2 of the Tender),
regardless of whether such response is submitted to FIFA on time or in accordance with the
procedures outlined in the Tender or not. FIFA shall, at its sole discretion, be entitled to select which
parties (if any) proceed to Phase 2 of the Tender. Furthermore FIFA shall be entitled to withdraw at any
time from any discussions or negotiations with any interested party, in each case without any
requirement to give such interested party any explanations.
FIFA reserves the right to manage and produce and/or to exploit the FIFA Food & Beverage
Concessionaire Programme or any part thereof itself, without officially appointing any third party or
not to offer such FIFA Food & Beverage Concessionaire Programme at all.
FIFA reserves the right at any time, without giving reasons therefore and at its sole discretion, to
amend, modify or terminate the Tender procedures and timeline (including those listed in Phase 1 of
the Tender), and/or to change any aspect of the Tender at any time and/or to issue an amended
Tender.
The Tender is provided solely by way of explanation of the services which FIFA may wish to utilise and
neither FIFA nor any of its representatives, agents or employees make any representation or warranty
or accept any responsibilities for the accuracy or completeness of any of the information contained in
this Tender, nor shall they be liable for any loss or damage suffered by any parties submitting
responses to this Tender incurred in reliance on, or pursuant to, this Tender or any subsequent
communication.
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Appendix 1: Statement of Undertaking
Name of company: __________________________________________________
Address: __________________________________________________
referred to hereinafter as the “Company”, in connection with its application with the Tender for the
FIFA Food & Beverage Concessionaire Programme for the 2014 FIFA World Cup Brazil™ and the FIFA
Confederations Cup Brazil 2013, hereby irrevocably and unconditionally undertakes and agrees that:
1. the information provided as well as the representations made to FIFA are true, accurate and are not
misleading;
2. all intellectual property and commercial rights in relation to FIFA, the 2014 FIFA World Cup Brazil™
and the FIFA Confederations Cup Brazil 2013, and/or the Tender and any proposals resulting from the
Tender shall belong and/or accrue exclusively to FIFA and Company shall complete all such
documentation which may be required to transfer the same;
3. FIFA shall not be held responsible for any costs, expenses, losses, damage and/or liabilities incurred
by the Company in relation to the Tender, in particular in connection with the preparation and
submission of the information and/or documentation in response to the Invitation to Tender and/or
any responses to requests for further information by FIFA, and any claims Company may have in
relation thereto based on any grounds whatsoever are hereby waived;
4. FIFA shall have no obligation to invite the Company to participate in Phase 2 of the Tender and
reserves the right to organise any services related to the Tender itself or to re-open part of or the
entire tendering process at a later stage. In addition, FIFA shall have the right to freely amend, modify,
or terminate the Tender procedures and timelines at any time and at its sole discretion or to withdraw
at any time from any discussions or negotiations with Company without any requirement to give
Company any explanations;
5. this statement of undertaking and any related documentation shall be governed by and construed
in accordance with the substantive laws of Switzerland, the Vienna Convention on the International
Sale of Goods being excluded. All disputes concerning the same are to be promptly settled between
the Company and FIFA by negotiation. If no solution can be reached, such disputes shall, to the
exclusion of any court or other forum, be exclusively resolved by an arbitral tribunal consisting of three
(3) arbitrators under the auspices of, and pursuant to, the Swiss Rules of International Arbitration of
the Swiss Chambers of Commerce. The seat of the arbitration shall be Zurich, Switzerland and the
language of the proceedings shall be English. For the avoidance of doubt, any determination made by
the arbitral tribunal shall be final and binding on the parties.
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By submitting this Statement of Undertaking (where capitalised terms shall have the meaning as
defined in Phase 1 of the Invitation to tender for the rights of the FIFA Food & Beverage
Concessionaire Programme, unless otherwise defined herein),
I/we confirm that I/we have read and understood the foregoing terms and conditions (including the
terms as contained in the Tender documentation) issued by FIFA regarding the process for selection of
a candidate(s) to operate the FIFA Food & Beverage Concessionaire Programme, and agree that the
Company that I/we duly represent is/are bound by such terms and conditions.
Signature
_________________________________________
[Name of Company]
Place, date ______________________________
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