Supply of IT and office equipment, Romania Page 1 of 92 ROMANIA ROMANIA ROMANIA ROMANIA GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT MINISTRY OF DEVELOPMENT AND PROGNOSIS General Directorate for Regional Programmes General Directorate for Regional Programmes General Directorate for Regional Programmes General Directorate for Regional Programmes 2-4 Cristian Popisteanu Street, Bucharest 1, Romania, Phone: +4021 3158558; Fax: +4021 3158434 < Date > < Address of potential Tenderer > Our ref: EUROPEAID/116226/D/S/RO Dear <Contact name> INVITATION TO TENDER: Supply of IT and office equipment for schools and resource centres, Romania Thank you for your enquiry regarding the publication of the above-mentioned tender procedure. The complete tender dossier is attached to this letter. It includes: A INSTRUCTIONS TO TENDERERS................................................................................... 3 B. DRAFT CONTRACT AND SPECIAL CONDITIONS, INCLUDING ANNEXES .................... 22 DRAFT OF CONTRACT .................................................................................................................. 22 SPECIAL CONDITIONS................................................................................................................... 32 ANNEX I: GENERAL CONDITIONS FOR SUPPLY CONTRACTS FINANCED BY THE EUROPEAN COMMUNITY .............................................................................................................. 36 ANNEXE II : TECHNICAL SPECIFICATIONS ................................................................................ 54 ANNEX III : BUDGET BREAKDOWN.............................................................................................. 68 ANNEXE IV: MODEL FOR PERFORMANCE GUARANTEE ....................................................... 71 ANNEXE V : MODEL FOR ADVANCE GUARANTEE ................................................................ 72 C. OTHERS INFORMATIONS : ............................................................................................... 73 GLOSSARY OF TERMS .................................................................................................................. 73 EVALUATION GRIDS ...................................................................................................................... 75 D. SUPPLY TENDER SUBMISSION FORM ....................................................................... 86 For full details of the tendering procedures, please refer to the Practical Guide to EC external aid contract procedures, which may be downloaded from the following Web site: http://europa.eu.int/comm/europeaid/tender/index_en.htm .
Transcript
Supply of IT and office equipment, Romania Page 1 of 92
General Directorate for Regional ProgrammesGeneral Directorate for Regional ProgrammesGeneral Directorate for Regional ProgrammesGeneral Directorate for Regional Programmes
INVITATION TO TENDER: Supply of IT and office equipment for schools and resourcecentres, Romania
Thank you for your enquiry regarding the publication of the above-mentioned tender procedure.The complete tender dossier is attached to this letter. It includes:
A INSTRUCTIONS TO TENDERERS................................................................................... 3
B. DRAFT CONTRACT AND SPECIAL CONDITIONS, INCLUDING ANNEXES.................... 22
DRAFT OF CONTRACT ..................................................................................................................22
SPECIAL CONDITIONS...................................................................................................................32
ANNEX I: GENERAL CONDITIONS FOR SUPPLY CONTRACTS FINANCED BY THEEUROPEAN COMMUNITY ..............................................................................................................36ANNEXE II : TECHNICAL SPECIFICATIONS ................................................................................54
ANNEX III : BUDGET BREAKDOWN..............................................................................................68
ANNEXE IV: MODEL FOR PERFORMANCE GUARANTEE .......................................................71
ANNEXE V : MODEL FOR ADVANCE GUARANTEE................................................................72
C. OTHERS INFORMATIONS : ............................................................................................... 73
GLOSSARY OF TERMS ..................................................................................................................73
D. SUPPLY TENDER SUBMISSION FORM ....................................................................... 86
For full details of the tendering procedures, please refer to the Practical Guide to ECexternal aid contract procedures, which may be downloaded from the following Web site:http://europa.eu.int/comm/europeaid/tender/index_en.htm .
Supply of IT and office equipment, Romania Page 2 of 92
We look forward to receiving your tender and accompanying tender guarantee at theaddress specified in the Instructions to Tenderers before September 11, 2003 at 10:00local time. If you decide not to submit a tender, we would be grateful if you could informus in writing, indicating the reasons for your decision.
Yours sincerely
Leonard CazanMinister/PAO
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A INSTRUCTIONS TO TENDERERS
PUBLICATION REFERENCE: EUROPEAID/116226/D/S/RO
In submitting its tender, the Tenderer accepts in full and without restriction the special andgeneral conditions governing this contract as the sole basis of this tendering procedure,whatever its own conditions of sale may be, which it hereby waives. Tenderers are expected toexamine carefully and comply with all instructions, forms, contract provisions and specificationscontained in this tender dossier. Failure to submit a tender containing all the requiredinformation and documentation within the deadline specified will lead to the rejection of thetender. No account can be taken of any reservation in the tender as regards the tender dossier;any reservation will result in the immediate rejection of the tender without further evaluation.
A glossary of the terms used here is included in Part C of this tender dossier.
1. Supplies to be provided
1.1 The subject of the contract is the delivery, installation, putting into operation and on-sitedemonstration, by the Supplier of the following goods:
Lot 1 � IT equipment
Item Description Quantity
1.1 Server 111
1.2 Workstation 1665
1.3 Multimedia Workstation 1110
1.4 Notebook 22
1.5 Laser Printer 111
1.6 Color Inkjet Printer 11
1.7 Switch 111
1.8 Router 111
1.9 Faxmodem 111
1.10 IT Infrastructure 111
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Lot 2 � Office equipment
Item Description Quantity
2.1 Multimedia Projector 22
2.2 Video Recorder 122
2.3 Copying Machine (10000 copies/months) 122
2.4 Copying Machine (2000 copies/months) 22
The above equipment shall be delivered and installed in accordance with the followingpackages:
LOT 1 - PACKAGE 1 LOT 1 - PACKAGE 2 LOT 1 - PACKAGE 3
Item Description Units Item Description Units Item Description Units1.1 Server 1 1.1 Server 1 N/A1.2 Workstations 15 1.2 Workstations 15 N/A
Supplies are to be delivered, DDU (Delivered Duty Unpaid) and within the following period:
• 8 weeks.
1.2 The supplies must comply fully with the technical specifications set out in the tenderdossier (technical annex) and conform in all respects with the plans, quantities, models,samples, measurements and other instructions.
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1.3 The supplies described under lots no 1 & 2 must be accompanied by a �lot� of spareparts. Neither the unit price nor the overall price of the spare parts will figure in theevaluation of the tender, except where the unit price or the number of parts variessubstantially between the tenders received. The list of spare parts shall be drawn up bythe Tenderer in the light of its professional experience and taking account of the placesof use; it must show the unit prices of the parts, calculated on the basis of Article 11(below). Nevertheless, the Contracting Authority reserves the right to alter the list ofspare parts; any changes will appear in the contract.
1.4 Tenderers are not authorised to tender for a variant in addition to the present tender.
2 Timetable
DATE TIME*Deadline for request for anyclarifications from the ContractingAuthority
21/08/2003 10:00 hrs
Clarification meeting / site visit Not applicable
Last date on which clarifications areissued by the Contracting Authority
31/08/2003
Deadline for submission of tenders 11/09/2003 10:00 hrs
Tender opening session 11/09/2003 14:00 hrs
Notification of award to the successfulTenderer
September2003**
Contract signature September2003**
Commencement date October2003**
*All times are in the time zone of Romania, the country of the Contracting Authority** Provisional date
3 Participation
3.1 Participation in the tender procedure is open on equal terms to all natural and legalpersons of the Member States of the European Union and of the beneficiary countries ofthe Phare Programme (Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania,Poland, Romania, Slovakia, Slovenia, Malta, Cyprus, Turkey).
3.2 These entities must have their statutory office, central administration or principal place ofbusiness in one of the countries mentioned in Article 3.1. However, if they have only theirstatutory office there, their activity must have an effective and continuous link with theeconomy of one of these countries.
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3.3 These rules apply to:a) all individual Tenderers;
b) all members of a consortium;
c) any sub-contractors.
3.4 Natural persons, companies or firms shall not be eligible for the award of contracts where:
a) they are bankrupt or being wound up, are having their affairs administered by thecourts, have entered into an arrangement with creditors, have suspended businessactivities or are in any analogous situation arising from a similar procedure provided forin national legislation or regulations;
b) they are the subject of proceedings for a declaration of bankruptcy, for winding-up, foradministration by the courts, for an arrangement with creditors or for any similarprocedure provided for in national legislation or regulations;
c) they have been convicted of an offence concerning professional conduct by ajudgement which has the force of res judicata;
d) they are guilty of grave professional misconduct proven by any means which theContracting Authority can justify;
e) they have not fulfilled obligations relating to the payment of social security contributionsin accordance with the legal provisions of the country where they are established;
f) they have not fulfilled obligations relating to the payment of taxes in accordance withthe legal provisions of the country where they are established;
g) they are guilty of serious misrepresentation in supplying the information required by theContracting Authority as a condition of participation in an invitation to tender orcontract;
h) they have been declared to be in serious breach of contract for failure to comply withobligations in connection with another contract with the same Contracting Authority oranother contract financed with Community funds;
i) they are in one of the situations allowing exclusion referred to in the Ethics Clause inconnection with the tender or contract.
Candidates (in the first stage of a restricted procedure), Tenderers (in the second stage ofa restricted procedure or in the single stage of an open procedure) must provide with theirapplications a sworn statement that they do not fall into any of the categories listed above.
3.5 To be eligible for participation in this tender procedure, Tenderers must provide proofsatisfactory to the Contracting Authority of compliance with the necessary legal, technicaland financial requirements and of their capability and adequacy of resources to carry outthe contract effectively.
4 Origin
4.1 Except otherwise provided in article 1 of the Special Conditions, supplies must originate ina Member State of the European Union or in the beneficiary countries of the PhareProgramme. The origin of the goods must be determined according to the CommunityCustoms Code.
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4.2 When submitting its tender, the Tenderer shall state expressly that all the goods meet therequirements concerning origin and must mention the respective countries of origin. It mayin this context be asked to provide additional information.
5 Type of Contract
Unit-price with itemised expenditure.
6 Currency
Tenders must be presented in Euro.
7 Lots
7.1 The Tenderer may submit a tender for one lot or both lots.
7.2 Each lot shall form a separate contract and the quantities indicated for different lots shallbe indivisible. The Tenderer must offer the whole of the quantity or quantities indicated foreach lot. Under no circumstances shall tenders for part of the quantities required be takeninto consideration.
7.3 A Tenderer may include in its tender the overall discount it would grant in the event ofsome or all of the lots for which it has submitted a tender being awarded. The discountshould be clearly indicated for each lot in such a way that it can be announced during thepublic tender opening session.
7.4 The contract shall be awarded lot by lot, but the Contracting Authority shall choose themost favourable overall solution after taking account of any discounts granted.
8. Period of Validity
8.1 Tenderers shall remain bound by their tenders for a period of 90 days from the deadlinefor the submission of tenders.
8.2 In exceptional circumstances and prior to the expiry of the original tender validity period,the Contracting Authority may ask Tenderers for an extension of this period of 40 days.Tenderers agreeing to the request shall not be permitted to modify their tenders.
8.3 The successful Tenderer shall remain bound by its tender for a further period of 60 daysfollowing receipt of the notification of its selection.
9. Language
Tenders must be drawn up in English.
10. Submission of Tenders
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Tenders must be submitted in English such that they are received before the deadline specifiedin the letter of invitation to tender. They must include the Tender submission form in part D ofthis tender dossier and be sent to the following address:
Ministry of Development and PrognosisDirectorate for Regional Programmes2-4 Cristian Popisteanu StreetSector 1, Bucharest, RomaniaAttn: Mrs Valentina Rădoi, Deputy Director
Tenders shall comply with the following conditions:
10.1 All tenders must be submitted in one original, marked �Original�, and 5 copies signed inthe same way as the original and marked �Copy�.
10.2 All tenders must be received atMinistry of Development and PrognosisDirectorate for Regional Programmes2-4 Cristian Popisteanu Str.Sector 1, Bucharest, RomaniaAttn: Mrs Valentina Rădoi, Deputy Director
before September 11, 2003 at 10:00 local time, by registered letter with acknowledgement ofreceipt or hand-delivered against receipt signed by Mrs Valentina Rădoi or its representative.
10.3 All tenders, including annexes and all supporting documents, must be submitted in asealed envelope bearing only:
a) the above address;b) the reference code of this tender procedure, publication reference Europeaid
116226/D/S/RO;c) where applicable, the number of the lot(s) tendered for;d) the words �Not to be opened before the tender opening session� in the language of
the tender dossier and.�A nu se deschide înaintea şedinţei de deschidere aofertelor�,
e) The name of the TendererThe Financial Offer must be placed in a sealed envelope with the technical offer for each lot.The envelopes should then be placed in a single sealed other envelope/package, unless theirvolume requires a separate submission for each lot.
11. Content of Tenders
All tenders submitted shall comply with the requirements in the tender dossier and comprise:
11.1 A technical offer consisting of:a) a detailed description of the supplies tendered in conformity with the technical
requirements, including any documentation required;
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b) a list of the manufacturer's recommended consumables, accessories and spare partsfor Lot 1 & 2;
c) a detailed proposal for the site demonstration of equipment in each delivery locationfor a maximum of 4 persons including computer network administrator, and otheradministrative and technical support staff at the delivery location. On-sitedemonstration and equipment instruction manuals must be in Romanian language.
11.2 A Financial Offer calculated on a basis of DDU (Duty Delivered Unpaid) for the suppliestendered, including if applicable:a) the costs of putting into operation and installation;b) spare parts and consumables for use over 1 year;
11.3 The details of the bank account into which payments should be made.
11.4 A statement by the Tenderer attesting the origin of the supplies tendered (or other proofsof origin).
11.5 Duly authorised signature.
11.6 A description of the commercial warranty tendered.
11.7 Tender guarantees of 50,000 Euro for Lot 1 and 5,000 Euro for Lot 2, as indicated in thenotice of invitation to tender, shall be provided according to the model annexed to thetender dossier. It must comply with the Conditions in Article 11 of the General Conditionsand must remain valid for at least 90 days beyond the tender validity period. Tenderguarantees provided by Tenderers who have not been selected shall be released nolater than 60 days after the signing of the contract. The tender guarantee of thesuccessful Tenderer shall be released on the signing of the contract, once theperformance guarantee has been submitted.
11.8 No variant solution
11.9 Description of the firm�s qualifications:
1) Economic and financial capacity of candidate
a) Annual turnover for each of the last 3 years (Euro) higher than 5,000,000 for Lot1 and higher than 500,000 for Lot 2, (in case of submitting an offer for both lots,the annual turnover must be higher than 5,500,000 Euro).
b) The average of the annual operating profit for the last three years has to bepositive.
2) Professional capacity of candidate
a) The tenderer must provide evidence that at least 3 similar projects in terms ofsize and complexity were carried out by the candidate in the last 3 years.
3) Technical capacity of candidate
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a) The candidate must provide evidence regarding his/her own capacity andfacilities for warranty and after sales for the offered equipment are available inthe country of supply, Romania, or;
b) that such facilities/capacity are available in the country of supply, Romaniathrough a third party.
12. Pricing
12.1 Tenderers shall be deemed to have satisfied themselves, before submitting theirtender(s), as to its/their correctness and sufficiency, to have taken account of all that isrequired for the full and proper performance of the contract and to have included allcosts in their rates and prices.
12.2 Depending on whether the supplies proposed are manufactured locally or are to beimported into the country of the Contracting Authority, Tenderers must quote, by lot, unit(and overall) prices for their tenders on one of the following bases:
a) for supplies manufactured locally, unit and overall prices shall be quoted for delivery tothe place of destination and in accordance with the above conditions, excluding allinternal fiscal charges applicable to their manufacture;
b) for supplies to be imported into the country of the Contracting Authority, unit and overallprices must be quoted for delivery to the place of destination and in accordance withthe above conditions, excluding all duties and taxes applicable to their importation andVAT, from which they are exempt.
12.3 Whatever the origin of the supplies, the contract is exempt from stamp and registrationduties.
12.4 The prices for the contract are fixed and not subject to revision.
13. Additional information before the deadline for submission oftenders
The tender dossier should be clear enough to avoid candidates invited to tender from having torequest additional information during the procedure. If the Contracting Authority, either on itsown initiative or in response to the request of a prospective Tenderer, provides additionalinformation on the tender dossier, it must send such information in writing to all otherprospective Tenderers at the same time.
Tenderers may submit questions in writing to the following address up to 21 days before thedeadline for submission of tenders, specifying the publication reference and the contract title:
Contact name: Mrs Valentina RădoiAddress: Ministry of Development and PrognosisDirectorate for Regional Programmes2-4 Cristian Popisteanu StreetSector 1, Bucharest, RomaniaFax No: + 40 (21) 315 84 34E-mail: [email protected]
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Any clarification of the tender dossier will be communicated simultaneously in writing to all theTenderers at the latest 11 calendar days before the deadline for submission of tenders. Nofurther clarifications will be given after this date.Any prospective Tenderers seeking to arrange individual meetings with either the ContractingAuthority and/or the European Commission during the tender period may be excluded from thetender procedure.
14. Clarification meeting
No clarification is foreseen.
15. Alteration or withdrawal of tenders
15.1 Tenderers may alter or withdraw their tenders by written notification prior to the deadlinefor submission of tenders refeered to in Article 10.2. No tender may be altered after thisdeadline. Withdrawals shall be unconditional and shall end all participation in the tenderprocedure.
15.2 Any such notification of alteration or withdrawal shall be prepared and submitted inaccordance with Article 10. The outer envelope must be marked 'Alteration' or'Withdrawal' as appropriate.
15.3 No tender may be withdrawn in the interval between the deadline for submission ofreferred to in Article 10.2 and the expiry of the tender validity period. Withdrawal of atender during this interval may result in forfeiture of the tender guarantee.
16. Costs for preparing tenders
No costs incurred by the Tenderer in preparing and submitting the tender shall be reimbursable.All such costs shall be borne by the Tenderer.
17. Ownership of Tenders
The Contracting Authority retains ownership in all tenders received under this tender procedure.Consequently, Tenderers have no right to have their tenders returned to them.
18. Joint Venture or Consortium
18.1 If a Tenderer is a joint venture or consortium of two or more persons, the tender must besingle with the object of securing a single contract, each person must sign the tender,and all such persons shall jointly and severally be bound by the tender and any resultingcontract according to the law of the State of the Contracting Authority, and shalldesignate one of such persons to act as a leader with authority to bind the joint ventureor consortium. The composition of the joint venture or consortium shall not be alteredwithout the prior consent in writing of the Contracting Authority.
18.2 The tender may be signed by the representative of the joint venture or consortium only ifhe has been expressly so authorised in writing by the members of the joint venture or
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consortium, and the authorising contract, notarial act or deed shall be submitted to theContracting Authority within the 30 days following the award of the contract. Allsignatures to the authorising instrument must be certified in accordance with the nationallaws and regulations of each parties comprising the joint venture or consortium togetherwith the Powers of Attorney establishing, in writing, that the signatories to the tender areempowered to enter into commitments on behalf of the members of the joint venture orconsortium. Each member of such joint venture or consortium must provide the proofrequired under Article 3.5 as if he, himself, were the Tenderer.
19. Opening of Tenders
19.1 The opening and examination of tenders shall be for the purpose of checking whether thetenders are complete, whether the requisite tender guarantee has been furnished,whether the documents have been properly signed and whether the tenders aregenerally in order.
19.2 Tenders shall be opened in public session on September 11, 2003 at 14:00 local timeat the Ministry of Development and Prognosis by the committee appointed for thepurpose. The committee shall draw up minutes of the meeting, which shall be availableon request.
19.3 At the tender opening, the Tenderers� names, the tender prices, any discount offered,written notifications of modification and withdrawal, the presence of the requisite tenderguarantee and such other information as the Contracting Authority may considerappropriate shall be announced.
19.4 After the public opening of the tenders, no information relating to the examination,clarification, evaluation and comparison of tenders, and recommendations concerningthe award of the contract shall be disclosed.
19.5 In the interests of transparency and equal treatment and without being able to modifytheir tenders, Tenderers may be required, at the sole written request of the evaluationcommittee, to provide clarifications within 48 hours. Any such request for clarificationmust not seek the correction of formal errors or major restrictions affecting performanceof the contract or distorting competition.
19.6 Any attempt by a Tenderer to influence the evaluation committee in the process ofexamination, clarification, evaluation and comparison of tenders, to obtain information onhow the procedure is progressing or to influence the Contracting Authority in its decisionconcerning the award of the contract shall result in the immediate rejection of its tender.
19.7 Tenders received after the deadline for submission of tenders will not be taken intoconsideration.
20. Evaluation of Tenders
20.1 Examination of the administrative conformity of tendersAny minimum qualifications required (experience and past performance of the Tenderer,cf. Article 11.9) are to be evaluated at the start of this stageThe aim at this stage is to determine whether tenders are substantially compliant to therequirements of the tender dossier. A compliant tender is one which conforms to all theterms, conditions and specifications of the tender dossier without material deviation orreservation. A material deviation or reservation is one which affects the scope, quality or
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performance of the contract, or which, in any substantial way, is inconsistent with thetender dossier or limits the Contracting Authority�s rights or the Tenderer�s obligationsunder the contract, and affects unfairly the competitive position of Tenderers presentingcompliant tenders. Decisions to the effect that a tender is not compliant must be dulyjustified in the evaluation minutes.If a tender is not compliant to the tender dossier, it shall be immediately rejected andmay not subsequently be made compliant by correction or withdrawal of the deviation orreservation.
20.2 Technical evaluation
After the analysis of the tenders deemed to be administratively compliant, the evaluationcommittee shall evaluate each tender for technical conformity and group the tenders intwo categories: technically compliant and technically not compliant.
20.3 To facilitate the examination, evaluation and comparison of tenders, the evaluationcommittee may ask each Tenderer individually for clarification of its tender, includingbreakdowns of prices. The request for clarification and the response shall be in writingonly, but no change in the price or substance of the tender shall be sought, offered orpermitted except as required to confirm the correction of arithmetic errors discoveredduring the evaluation of tenders pursuant to Article 20.4. Decisions to the effect that atender is not technically compliant must be duly justified in the evaluation minutes.
20.4 Financial evaluationa) Tenders determined to be technically compliant shall be checked for any arithmetic
errors in computation and summation. Errors shall be corrected by the evaluationcommittee as follows:
- where there is a discrepancy between amounts in figures and in words, theamount in words shall prevail;
- except for lump-sum contracts, where there is a discrepancy between a unitprice and the total amount derived from the multiplication of the unit price andthe quantity, the unit price as quoted shall prevail.
b) Amounts corrected in this way shall be binding on the Tenderer. If the Tenderer doesnot accept them, its tender shall be rejected.
20.5 Variant solutions. Not applicable.
20.6 Award criteriaFor supply contracts also involving services, the sole award criterion shall be the price.The contract shall be awarded to the lowest compliant tender.
21. Documentary Evidence Required from Successful Tenderer
21.1 The successful Tenderer will be informed in writing that its tender has been accepted(notification of award). Before the Contracting Authority signs the contract with thesuccessful Tenderer, the successful Tenderer must provide the documentary proofrequired under the law of the country in which the company (or each of the companies incase of a consortium) is established, to show that it does not fall into categories (a), (b),(c), (e) or (f) of the list in Article 3.4.
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21.2 This evidence or these documents must carry a date, which cannot be more than 180days in relation to the deadline for the submission of the tender. In addition, a swornstatement shall be furnished stating that the situations described in these documentshave not changed since then.
21.3 If the successful Tenderer fails to provide this documentary proof within 15 calendardays following the notification of award or if the successful Tenderer is found to haveprovided false information, the award will be considered null and void. In such a case,the Contracting Authority may award the tender to another Tenderer or cancel the tenderprocedure.
22. Signature of the Contract
22.1 Within 30 days of receipt of the contract already signed by the Contracting Authority, theselected Tenderer shall sign and date the contract and return it to the ContractingAuthority, with the performance guarantee.
22.2 Failure of the selected Tenderer to comply with this requirement may constitute groundsfor the annulment of the decision to award the contract. In such a case, the ContractingAuthority may award the tender to another Tenderer or cancel the tender procedure.
22.3 The other Tenderers will be informed that their tenders have not been accepted, bymeans of a standard letter, explaining whether or not their tender was administrativelyand technically compliant and indicating its relative shortcomings.
22.4 The corresponding contract award notice will be published as for the procurementnotice.
23. Performance Guarantee
The performance guarantee referred is set at 10% of the price of the contract and must bepresented in the form specified in the annex to the tender dossier. It shall be releasedwithin 30 days of the date of the final acceptance certificate by the Contracting Authority,except for the proportion assigned to after-sales service.
24. Ethics Clauses
24.1 Any attempt by a candidate or Tenderer to obtain confidential information, enter intounlawful agreements with competitors or influence the committee or the ContractingAuthority during the process of examining, clarifying, evaluating and comparing tenderswill lead to the rejection of its candidacy or tender and may result in administrativepenalties.
24.2 Without the Contracting Authority�s prior written authorisation, a Supplier and its staff orany other company with which the Supplier is associated or linked may not, even on anancillary or subcontracting basis, supply other services, carry out works or supplyequipment for the project. This prohibition also applies to any other projects that could,owing to the nature of the contract, give rise to a conflict of interest on the part of theSupplier.
24.3 When putting forward a candidacy or tender, the candidate or Tenderer must declarethat, it is affected by no potential conflict of interest, and that it has no particular link with
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other Tenderers or parties involved in the project. Should such a situation arise duringperformance of the contract, the Supplier must immediately inform the ContractingAuthority.
24.4 The Supplier must at all times act honourably and impartially in accordance with thecode of conduct of its profession. It must refrain from making public statements aboutthe project or services without the Contracting Authority�s prior approval. It may notcommit the Contracting Authority in any way without its prior written consent.
24.5 For the duration of the contract, the Supplier and its staff must respect human rights andundertake not to violate the political, cultural and religious mores of the recipient state.
24.6 The Supplier may accept no payment connected with the contract other than thatprovided for therein. The Supplier and its staff must not exercise any activity or receiveany advantage inconsistent with their obligations to the Contracting Authority.
24.7 The Supplier and its staff are obliged to maintain professional secrecy for the entireduration of the contract and after its completion. All reports and documents drawn up orreceived by the Supplier are confidential.
24.8 The contract shall govern the contracting parties' use of all reports and documentsdrawn up, received or presented by them during the execution of the contract.
24.9 The Supplier shall refrain from any relationship likely to compromise its independence orthat of its staff. If the Supplier ceases to be independent, the Contracting Authority may,regardless of injury, terminate the contract without further notice and without the Supplierhaving any claim to compensation.
24.10 The Commission reserves the right to suspend or cancel project financing if corruptpractices of any kind are discovered at any stage of the award process and if theContracting Authority fails to take all appropriate measures to remedy the situation. Forthe purposes of this provision, �corrupt practices� are the offer of a bribe, gift, gratuity orcommission to any person as an inducement or reward for performing or refraining fromany act relating to the award of a contract or implementation of a contract alreadyconcluded with the Contracting Authority.
24.11 All tenders will be rejected or contracts terminated if it emerges that the award orexecution of a contract has given rise to unusual commercial expense.
24.12 Such unusual commercial expense are commissions not mentioned in the main contractor not stemming from a properly concluded contract referring to the main contract,commissions not paid in return for any actual and legitimate service, commissionsremitted to a tax haven, commissions paid to a recipient who is not clearly identified orcommissions paid to a company which has every appearance of being a front company.
24.13 The Supplier undertakes to supply the Commission on request with supporting evidenceregarding the conditions in which the contract is being executed. The Commission maycarry out whatever documentary or on-the-spot checks it deems necessary to findevidence in cases of suspected unusual commercial expense.
24.14 Suppliers found to have paid unusual commercial expense on projects funded by theCommunity are liable, depending on the seriousness of the facts observed, to have theircontracts terminated or to be permanently excluded from receiving Community funds.
24.15 Failure to comply with one or more of the ethics clauses may result in the exclusion ofthe candidate, Tenderer (or Supplier) from other Community contracts and in penalties.The individual or company in question must be informed of the fact in writing.
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25. Cancellation of the Tender Procedure
In the event of cancellation of the tender procedure, Tenderers will be notified of thecancellation by the Contracting Authority. If the tender procedure is cancelled before the outerenvelope of any tender has been opened, the unopened and sealed envelopes will be returnedto the Tenderers.
Cancellation may occur where:• the tender procedure has been unsuccessful, ie, no qualitatively or financially
worthwhile tender has been received or there is no response at all;• the economic or technical data of the project have been fundamentally altered;• exceptional circumstances or force majeure render normal performance of the
contract impossible;• all technically compliant tenders exceed the financial resources available;• there have been irregularities in the procedure, in particular where these have
prevented fair competition.
In no event shall the Contracting Authority be liable for anydamages whatsoever including, without limitation, damages forloss of profits, in any way connected with the cancellation of atender even if the Contracting Authority has been advised of thepossibility of damages. The publication of a procurement noticedoes not commit the Contracting Authority to implement theprogramme or project announced.
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B. DRAFT CONTRACT AND SPECIAL CONDITIONS, INCLUDINGANNEXES
DRAFT OF CONTRACT
SUPPLY CONTRACT FOREUROPEAN COMMUNITY EXTERNAL AID
The Ministry of Development and Prognosis2-4 Cristian Popisteanu Str.Sector 1, Bucharest, Romania (�the Contracting Authority�),
of the one part,and
<Name and address of the Supplier> (�the Supplier�)
of the other part,have agreed as follows:
CONTRACT TITLE: Supply of IT and Office Equipment for Schools and ResourceCentres in Romania.
Identification number: EUROPEAID/116226/D/S/RO
Article 11.1 The subject of the contract shall be the, delivery, installation, putting into
operation and on-site demonstration by the Supplier, IT and office equipment at122 schools and Resource Centres in Romania, within the following time,quantities, packages and locations:
Delivery period: Within 8 weeks, DDU by the Supplier
Quantity of Supplies:
Lot 1 � IT equipment
Item Description Quantity
1.1 Server 111
1.2 Workstation 1665
1.3 Multimedia Workstation 1110
1.4 Notebook 22
1.5 Laser Printer 111
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1.6 Color Inkjet Printer 11
1.7 Switch 111
1.8 Router 111
1.9 Faxmodem 111
1.10 IT Infrastructure 111
Lot 2 � Office equipment
Item Description Quantity
2.1 Multimedia Projector 22
2.2 Video Recorder 122
2.3 Copying Machine 122
2.4 Copying Machine 22
The above equipment shall be delivered and installed in accordance with the followingpackages:
LOT 1 - PACKAGE 1 LOT 1 - PACKAGE 2 LOT 1 - PACKAGE 3
Item Description Units Item Description Units Item Description Units1.1 Server 1 1.1 Server 1 N/A1.2 Workstations 15 1.2 Workstations 15 N/A
LOT 2 - PACKAGE 4 LOT 2 - PACKAGE 5 LOT 2 - PACKAGE 6
2.1 N/A 2.1Multimediaprojector 1 2.1
Multimediaprojector 1
2.2 Video recorder 1 2.2 Video recorder 1 2.2 Video recorder 1
2.3
Copy machine(10.000copies/month) 1 2.3
Copy machine(10.000copies/month) 1 2.3
Copy machine(10.000copies/month) 1
2.4 N/A 2.4
Copy machine(2.000copies/month) 1 2.4
Copy machine(2.000copies/month) 1
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1.2 The Supplier must comply strictly with the terms of the Special Conditions andthe technical annex.
1.3 The supplies which form the subject of the contract must be accompanied bythe spare parts described by the Supplier in his tender and by consumablesaccessories necessary for using the goods over a period of one year, asspecified in the instructions to Tenderers.
1.4 The place of acceptance of the supplies shall be at:
No. Region Sub-region Locality School Unit EquipmentPackage
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The supplies must originate in the European community or a country that isbeneficiary of the Phare Programme. A certificate of origin for the supplies must beprovided by the Supplier at the latest when he requests provisional acceptance ofthe supplies. Failure to comply with this condition may result in the cancellation ofthe contract.
Article 33.1 The price of the supplies shall be that shown on the budget breakdown (Annex
III). The total contract price shall be EURO.
3.2 The price referred to in Article 3.1 above shall be the sole remuneration owedby the Contracting Authority to the Supplier under the contract. It shall be firmand not subject to revision.
3.3 Payments shall be made in accordance with the General Conditions (Articles 26to 28).
Article 4Throughout the period of performance of the contract and for a period of five yearsfollowing completion, the Supplier shall undertake to ensure that the services of theCommission of the European Communities, the Court of Auditors of the EuropeanCommunities and the authorities of the recipient countries are given access(including by any subcontractors) to all supporting documents required for carryingout the necessary checks. To this end, he shall undertake, given notice of eightworking days, to authorise access to his premises to all persons authorised to carryout these checks.
Article 5The contract is made up of the following documents, in order of precedence:
- this Contract agreement;- the Special Conditions, including the technical annex (Annex II: Technical
specifications - Part 1);- the Supplier's tender, including annexes (Annex II: Technical specifications -
Part 2);- the Budget breakdown (Annex III);- the General Conditions (Annex I);- clarifications
The various documents making up the contract shall be deemed to be mutuallyexplanatory; in case of ambiguity or divergence, they should be read in the order inwhich they appear above.
For all matters not covered by the above provisions, the law applicable shall be theRomanian law.
Article 6Any written communication relating to this Contract between the ContractingAuthority and/or the Project Manager, on the one hand, and the Supplier, on theother, must state the Contract title and identification number, and must be sent bypost, fax, e-mail or by hand to the following addresses:
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For the Contracting Authority:
Name: Mrs Valentina Radoi, Deputy Director ("the ProjectManager")
Address: Ministry of Development and PrognosisDirectorate for Regional Programmes2-4 Cristian Popisteanu Str.Sector 1, Bucharest, Romania
Article 7This contract shall be automatically terminated, and the Supplier shall have no rightto any form of compensation, if it emerges that the award or execution of thecontract has given rise to unusual commercial expenses.
Such unusual commercial expenses are commissions not mentioned in the maincontract or not stemming from a properly concluded contract referring to the maincontract, commissions not paid in return for any actual and legitimate service,commissions remitted to a tax haven, commissions paid to a recipient who is notclearly identified or commissions paid to a company which has every appearance ofbeing a front company.
Article 8The Contracting Authority may under no circumstances be held responsible fordamages caused by the Supplier, subcontractors, their employees or a third party inconnection with the performance of this contract.
Article 99.1 The contract may be terminated as stated in Articles 35 and 36 of the General
Conditions.
9.2 If termination results from inaction or fault on the part of the Supplier, theContracting Authority shall be entitled to compensation up to a maximum of10% of the Contract Price.
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9.3 If termination does not result from inaction or fault on his part, the Supplier shallbe entitled to claim damages for the injury suffered up to a maximum of 1% ofthe Contract Price, in addition to sums owed him for services alreadyperformed.
Article 10The contracting parties shall make every effort to settle amicably any dispute whichmay arise between them. The procedures applicable are set out in the GeneralConditions.
Article 11The delivery period shall run from the date of the signature of the contract by bothparties to 8 weeks.
Article 12The bank account of the Supplier into which payments shall be made is:
Account number
Account name
Bank name &address
Correspondentbank (if any)
Done in English in four originals, three originals being for the Contracting Authorityand one original being for the Supplier.
For the Supplier For the Contracting Authority
Name: Name: Leonard Cazan
Function: Function: Minister/PAO
Signature: Signature:
Date: Date:Endorsed for financing by the European Community
Endorsed by the Ministry ofEducation and Research
Name: Jonathan Scheele Name:
Function: Head of Delegation Function:
Signature: Signature:
Date: Date:
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SPECIAL CONDITIONS
SUMMARY
Article II Law applicable and language of the contract
Article XI Performance guarantee
Article XII Insurance
Article XIII Performance programme
Article XVII Patents and licences
Article XXII Variations of Quantities
Article XXV Inspection and testing
Article XXVI Payments
Article XXIX Packaging - Marking
Article XXXII Warranty
Article XXXIII After-sales service
Article XL Amicable settlement of disputes
These conditions amplify, supplement if necessary from the GeneralConditions applying to the contract. Where these Special Conditions do notstipulate otherwise, the General Conditions referred to above remain fully
applicable.The numbering of the Articles of the Special Conditions is not consecutive
and follows the numbering of the Articles of the General Conditions inRoman numerals.
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II Law applicableFor all matters not covered by the provisions of this contract, the law applicable shallbe the Romania law.
XI Performance guaranteeThe performance guarantee for each lot will amount up to 10% of the Contract Price.
XII InsurancesThe Supplier shall bear all risks concerning the goods until provisional acceptanceat destination.
XIII Performance programmeThe supplies and the associated services (installation, putting into operation) will besupplied within a maximum period of 8 weeks.
XIV Supplier's drawingsThe supplier shall provide the �As-build� drawings of every IT infrastructureinstallations.
XVII Patents and licencesThe licences supplied under this contract will be on the name of the beneficiaryschool where the equipment will be delivered and installed.
XXII Variations of QuantitiesThe Contracting Authority reserves the right, at the time of contracting, to vary thequantities specified for equipment within each Lot within a range of +/- 25%, wherethe quantities allow it. The total value of the supplies may not rise or fall as a resultof the variation in the quantities by more than 25% of the contract price. The unitprices used in the tender shall be applicable to the quantities procured under thevariation.
XXIVQuality of suppliesA preliminary technical acceptance is required by the Ministry of Education andResearch of Romania and each beneficiary school.
XXV Inspection and testingThe inspection and testing of the supplies will take place at the place of delivery.
XXVI Payments proceduresXXVI.1 . Payments shall be endorsed by the Ministry of Education and Research and
made by the Ministry of Development and Prognosis. They shall be deemed tohave been made on the date on which they are debited to this authority�saccount.
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XXVI.2 In order to obtain payments, the Supplier must forward to the authority referredto in paragraph XXVI.1 above:
a) For the 60% advance payment, in addition to the payment request, aphotocopy of the contract and the advance payment guarantee. Paymentshall be made within 60 days of the date of receipt of these documents ingood and due form.
b) 40% instalment, following the provisional acceptance against invoice intriplicate and in addition to the payment request a photocopy of theprovisional acceptance test, certificate of origin and a bank guarantee for10% of the total amount of the contract price in favour of the Ministry ofDevelopment and Prognosis valid until 60 days after the receipt of the finalacceptance certificate. This payment shall be made within 60 days of thedate of receipt of these documents in good and due form.
XXVI.4 The periods for making the payments shall run from the day after the date ofreceipt of the above documents to the date on which they are debited to thebank account of the authority mentioned in Article XXVI.1.
XXVIX Packaging - MarkingXXIX.1 The Supplier shall bear all risks concerning the goods until provisional
acceptance at destination. The supplies shall be packaged so as to prevent theirdamage or deterioration in transit to their destination.
XXIX.3 The packaging shall become the property of the recipient subject to respect forthe environment
XXXII Warranty
XXXII.1 The Supplier shall warrant that the supplies are new, unused, of the most recentmodels and incorporate all recent improvements in design and materials. TheSupplier shall further warrant that all supplies have no defect arising from design,materials or workmanship. This warranty for quality and performance shallremain valid for a minimum of one year after provisional acceptance for lots 1and 2, according to the technical specifications requirements.
XXXII.2 During the warrantee period, the service of the products will be assured by theSupplier.
XXXII.3 The technical support services, including response times, will be included underthe warranty free of charge.
XXXIII After - sales service
XXXIII.1 The Tenderer shall provide or secure the provision of reliable and regular after-sales and maintenance services thereafter in Romania, guaranteeing for theequipment the upkeep and repair of the goods supplied and the rapidreplenishment of spare parts throughout Romania, for at least a period of oneyear as from the date of provisional acceptance.
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XXXIII.2 The Tenderer shall state in detail how he proposes to meet this obligationincluding the duration for which the service is guaranteed available.
The after-sales services are not the object of this contract.
XL Amicable settlement of disputesThe contracting parties shall make every effort to settle amicably any dispute whichmay arise between them. The Court of Arbitrators of the Bucharest Chamber ofCommerce procedure shall apply.
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ANNEX I:
GENERAL CONDITIONS FOR SUPPLY CONTRACTS FINANCED BYTHE EUROPEAN COMMUNITY
CONTENTS
PRELIMINARY PROVISIONSArticle 1 DefinitionsArticle 2 Law applicable and language of the contractArticle 3 Order of precedence of contract documentsArticle 4 CommunicationsArticle 5 AssignmentArticle 6 Sub-contracting
OBLIGATIONS OF THE CONTRACTING AUTHORITYArticle 7 Supply of documentsArticle 8 Assistance with local regulations
OBLIGATIONS OF THE SUPPLIERArticle 9 General obligationsArticle 10 OriginArticle 11 Performance guaranteeArticle 12 InsuranceArticle 13 Performance programmeArticle 14 Supplier's drawingsArticle 15 Sufficiency of tender pricesArticle 16 Tax and Customs arrangementsArticle 17 Patents and licences
COMMENCEMENT AND DELAYSArticle 18 Commencement ordersArticle 19 Period of performanceArticle 20 Extension of period of period of performanceArticle 21 Delays in performanceArticle 22 VariationsArticle 23 Suspension
MATERIALS AND WORKMANSHIPArticle 24 Quality of suppliesArticle 25 Inspection and testing
PAYMENTSArticle 26 General provisionsArticle 27 Payment to third partiesArticle 28 Delayed payments
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ACCEPTANCE AND MAINTENANCEArticle 29 DeliveryArticle 30 Verification operationsArticle 31 Provisional acceptanceArticle 32 Warranty obligationsArticle 33 After-sales serviceArticle 34 Final acceptance
BREACH OF CONTRACT AND TERMINATIONArticle 35 Breach of contractArticle 36 Termination by the Contracting AuthorityArticle 37 Termination by the SupplierArticle 38 Force majeureArticle 39 Decease
SETTLEMENT OF DISPUTESArticle 40 Amicable settlement of disputesArticle 41 ConciliationArticle 42 Arbitration
ETHICS CLAUSESArticle 43 Ethics clauses
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PRELIMINARY PROVISIONS
Article 1 Definitions1.1 The headings and titles in these General
Conditions shall not be taken as part thereof orbe taken into consideration in the interpretationof the contract.
1.2 Where the context so permits, words importingthe singular shall be deemed to include theplural and vice versa, and words importing themasculine shall be deemed to include thefeminine and vice versa.
1.3 Words importing persons or parties shallinclude firms and companies and anyorganisation having legal capacity.
Article 2 Law applicable and language ofthe contract
2.1 The law of the contract shall be the lawindicated in the Special Conditions. For allmatters which are not covered by theseGeneral Conditions, the law of the contractshall apply.
2.2 The language of the contract and of allcommunications between the Supplier and theContracting Authority or the Project Managershall be English.
Article 3 Order of precedence ofcontract documents
Unless otherwise stipulated in the contract, theorder of precedence of the contract documentsshall be:
- the contract agreement;
- the Special Conditions, including thetechnical annex;
- the Supplier's tender, including annexes;
- Budget breakdown (annex III);
- the General Conditions (annex I);
- [the minutes of the informationmeeting/site visit].
The various documents making up the contractshall be deemed to be mutually explanatory; incases of ambiguity or divergence, they shouldbe read in the order in which they appearabove.
Article 4 Communications4.1 Communications between the Contracting
Authority and/or the Project Manager on theone hand, and the Supplier on the other, shallbe exclusively in writing.
4.2 If the sender requires evidence of receipt, heshall state such requirement in thecommunication and shall demand suchevidence of receipt whenever there is adeadline for receipt of the communication. Inany event, the sender shall take all thenecessary measures to ensure receipt of hiscommunication.
4.3 Wherever in the contract provision is made forthe giving or issue of any notice, consent,approval, certificate or decision, any suchconsent, approval, certificate or decision shallnot unreasonably be withheld or delayed.
Article 5 Assignment5.1 An assignment shall be valid only if it is a
written agreement by which the Suppliertransfers his contract or part thereof to a thirdparty.
5.2 The Supplier shall not, without the prior writtenconsent of the Contracting Authority, assignthe contract or any part thereof, or any benefitor interest thereunder, except in the followingcases:
5.2.1 a charge, in favour of the Supplier'sbankers, of any monies due or tobecome due under the contract; or
5.2.2 assignment to the Supplier's insurers,of the Supplier's right to obtain reliefagainst other person liable in caseswhere the insurers have dischargedthe Supplier's loss or liability.
5.3 For the purpose of Article 5 (2), the approval ofan assignment by the Contracting Authorityshall not relieve the Supplier of his obligationsfor the part of the contract already performedor the part not assigned.
5.4 If the Supplier has assigned his contractwithout authorisation, the Contracting Authoritymay, without giving formal notice thereof, applyas of right the sanctions for breach of contractprovided for in Article 35.
5.5 Assignees must satisfy the eligibility criteriaapplicable for the award of the contract.
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Article 6 Sub-contracting6.1 A sub-contract shall only be valid if it is a
written agreement by which the Supplierentrusts performance of part of his contract toa third party.
6.2 The Supplier shall not sub-contract without theprior written authorisation of the ContractingAuthority. The elements of the contract to besub-contracted and the identity of the sub-contractors shall be notified to the ContractingAuthority. The Contracting Authority shallwithin 30 days of receipt of the notification,notify the Supplier of his decision, stating thereasons should he withhold such authorisation.
6.3 Sub-contractors must satisfy the eligibilitycriteria applicable for the award of the contract.
6.4 The Contracting Authority shall have nocontractual relations with the sub-contractor.
6.5 The Supplier shall be responsible for the acts,defaults and negligence of his sub-contractorsand their agents or employees, as if they werethe acts, defaults or negligence of the Supplier,his agents or employees. The approval by theContracting Authority of the sub-contracting ofany part of the contract or of the sub-contractorshall not relieve the Supplier of any of hisobligations under the contract.
6.6 If a sub-contractor has undertaken anycontinuing obligation extending for a periodexceeding that of the warranty period underthe contract towards the Supplier in respect ofthe supplies provided by the contractor, theSupplier shall, at any time after the expirationof the warranty period, transfer immediately tothe Contracting Authority's request and cost,the benefit of such obligation for the unexpiredduration thereof.
6.7 If the Supplier enters into a sub-contractwithout approval, the Contracting Authoritymay, without giving formal notice thereof, applyas of right the sanctions for breach of contractprovided for in Article 35
.
OBLIGATIONS OF THECONTRACTING AUTHORITYArticle 7 Supply of documents7.1 Within 30 days of the signature of the contract,
the Project Manager shall provide to theSupplier, free of charge, a copy of thedrawings prepared for the performance of thecontract as well as copies of the specificationsand other contract documents. The Suppliermay purchase additional copies of thesedrawings, specifications and other documents,insofar as they are available. Upon the issue ofthe warranty certificate or upon on finalacceptance,
the Supplier shall return to the ProjectManager all drawings, specifications and othercontract documents.
7.2 Unless it is necessary for the purposes of thecontract, the drawings, specifications and otherdocuments provided by the Project Managershall not be used or communicated to a thirdparty without the prior consent of the ProjectManager.
7.3 The Project Manager shall have the authorityto issue to the Supplier, administrative ordersincorporating such supplementary drawingsand instructions as shall be necessary for theproper and adequate execution of the contractand the rectifying of any defects therein.
Article 1 Assistance with local regulations
8.1 The Supplier may request the assistance ofthe Contracting Authority in obtaining copies oflaws, regulations and information on localcustoms, orders or by-laws of the country towhich the supplies are to be delivered, whichmay affect the Supplier in the performance ofhis obligations under the contract. TheContracting Authority may provide theassistance requested to the Supplier at theSupplier's cost.
8.2 The Supplier shall submit to the ContractingAuthority in good time such details of thesupplies as will enable the ContractingAuthority to obtain all necessary import permitsor licences.
8.3 The Contracting Authority shall obtain allimport permits or licences required for thesupplies, or any part thereof, in reasonabletime having regard to the time for delivery ofthe supplies and completion of the contract.
8.4 Subject to the provisions of the laws andregulations on foreign labour of the states inwhich the supplies are to be delivered, theContracting Authority shall make all effortsnecessary to facilitate the procurement by theSupplier of all required visas and permits, forthe personnel whose service the Supplier andthe Contracting Authority consider necessaryas well as residence permits for their families.
OBLIGATIONS OF THESUPPLIER
Article 9 General obligations9.1 The Supplier shall perform the contract with
due care and diligence including, wherespecified, the design, manufacture, delivery tosite, erecting, testing and commissioning of thesupplies and carrying out any other workincluding the remedying of any defects in thesupplies.
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The Supplier shall also provide all necessaryequipment, superintendence, labour andfacilities required for the performance of thecontract.
9.2 The Supplier shall comply with administrativeorders given by the Project Manager. Wherethe Supplier considers that the requirement ofan administrative order goes beyond the scopeof the contract, he shall, at risk of breach ofcontract, give notice with reasons to theProject Manager within 30 days after receiptthereof. Execution of the administrative ordershall not be suspended because of this notice.
9.3 The Supplier shall respect and abide by alllaws and regulations in force in the State of theContracting Authority and shall ensure that hispersonnel, their dependants and his localemployees also respect and abide by all suchlaws and regulations. The Supplier shallindemnify the Contracting Authority againstany claims and proceedings arising from anyinfringement by the Supplier, his employeesand their dependants of such laws andregulations.
9.4 The Supplier shall treat all documents andinformation received in connection with thecontract as private and confidential and shallnot, save insofar as may be necessary for thepurposes of the execution thereof, publish ordisclose any particulars of the contract withoutthe prior consent in writing of the ContractingAuthority or the Project Manager. If anydisagreement arises as to the necessity forany publication or disclosure for the purposesof the contract, the decision of the ContractingAuthority shall be final.
9.5 If the Supplier is a joint venture or consortiumof two or more persons, all such persons shallbe jointly and severally bound to fulfil the termsof the contract according to the law of theState of the Contracting Authority and shall, atthe request of the Contracting Authority,designate one of such persons to act as leaderwith authority to bind the joint venture orconsortium. The composition of the jointventure or consortium shall not be alteredwithout the prior consent of the ContractingAuthority.
Article 10 Origin10.1 Except when otherwise provided for in the
Special Conditions, supplies must originate ina member State of the European Union or inone of the beneficiary countries as stated inthe Invitation to Tenderers. The origin of thesupplies must be determined according to therules laid down in the Community CustomsCode.
10.2 The Supplier must certify that the goodstendered comply with this requirement,specifying the respective country of origin. TheSupplier may be required to provide moredetailed information in this respect.
10.3 The Supplier shall present an officialCertificate of Origin on provisional acceptance.Failure to comply with this obligation shall lead,after formal notice, to termination of thecontract.
Article 11 Performance guarantee11.1 The Supplier shall, within 30 days after the
receipt of the notification of the award ofcontract, provide to the Contracting Authority aguarantee for the full and proper performanceof the contract. The amount of the guaranteeshall be as specified in the Special Conditionsand shall not exceed 10% of the contract priceincluding any amounts stipulated in riders tothe contract.
11.2 The performance guarantee shall be heldagainst payment to the Contracting Authorityfor any loss resulting from the Supplier's failureto fully and properly perform his obligationsunder the contract.
11.3 The performance guarantee shall be in theformat given in Annex IV and may be providedin the form of a bank guarantee, a banker'sdraft, a certified cheque, a bond provided byan insurance and/or bonding company, anirrevocable letter of credit. If the performanceguarantee is to be provided in the form of abank guarantee, a banker's draft, a certifiedcheque or a bond, it shall be issued by a bankor insurance and/or bonding companyapproved by the Contracting Authority.
11.4 The performance guarantee shall bedenominated in euro, the currency in which thecontract is payable. No payments shall bemade in favour of the Supplier prior theprovision of the guarantee. The guaranteeshall continue to remain valid until the contracthas been fully and properly performed.
11.5 During the performance of the contract, if thenatural or legal person providing the guaranteeis not able to abide by his commitments, theguarantee shall cease to be valid. TheContracting Authority shall give formal noticeto the Supplier to provide a new guarantee onthe same terms as the previous one. Shouldthe Supplier fail to provide a new guarantee,the Contracting Authority may terminate thecontract.
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11.6 The Contracting Authority shall demandpayment from the guarantee of all sums forwhich the guarantor is liable under theguarantee due to the Supplier's default underthe contract, in accordance with the terms ofthe guarantee and up to the value thereof. Theguarantor shall, without delay, pay those sumsupon demand from the Contracting Authorityand may not raise any objection for any reasonwhatsoever. Prior to making any claim underthe performance guarantee, the ContractingAuthority shall notify the Supplier of the defaultin respect of which the claim is to be made.
11.7 Except for such part as may be specified in theSpecial Conditions in respect of after-salesservice, the performance guarantee shall bereleased within 30 days of the issue of the finalacceptance certificate.
.
Article 12 Insurance12.1 Without prejudice to Article XXII of the Special
Conditions, it may be required to cover thecarriage of supplies by an insurance policy, theterms of which may be laid down therein. TheSpecial Conditions may also make provisionsfor other types of insurance to be borne by theSupplier.
12.2 Notwithstanding the obligations of the Supplierto insure in accordance with Article 12 (1) theSupplier shall be solely liable and shallindemnify the Contracting Authority and theProject Manager against any claims by thirdparties for damage to property or personalinjuries from the execution of the contract bythe Supplier, his sub-contractors andemployees in connection with the contract.
Article 13 Performance programme13.1 If the Special Conditions so require, the
Supplier shall submit a programme ofperformance of the contract for the approval ofthe Project Manager. The programme shallcontain at least the following:
13.1.1 the order in which the Supplierproposes to execute the contractincluding design, manufacture,delivery to place of acceptance,installation, testing andcommissioning;
13.1.2 the time limits within whichsubmission and approval of thedrawings are required;
13.1.3 a general description of the methodswhich the Supplier proposes to adoptfor executing the contract; and
13.1.4 such further details and information
as the Project Manager mayreasonably require.
13.2 The approval of the programme by the ProjectManager shall not relieve the Supplier fromany of his obligations under the contract.
13.4 No material alteration to the programme shallbe made without the approval of the ProjectManager. If however, the progress of theperformance of the contract does not conformto the programme, the Project Manager mayinstruct the Supplier to revise the programmeand submit the revised programme to him forapproval.
Article 14 Supplier's drawings14.1 If the Special Conditions so provide, the
Supplier shall submit to the Project Managerfor approval:
14.1.1 such drawings, documents and/ormodels as may be specified in thecontract within the time limits laiddown therein or in the programme ofperformance;
14.1.2 such drawings as the ProjectManager may reasonably require forthe performance of the contract.
14.2 If the Project Manager fails to notify hisdecision of approval referred to in Article 14 (1)within the time limits required by the contractor the approved programme of performance,such drawings, documents, samples or modelsshall be deemed to be approved at the end ofthe time limit specified. If no time limit isspecified they shall be deemed to be approved30 days after receipt.
14.3 Approved drawings, documents, samples andmodels shall be signed or otherwise identifiedby the Project Manager and shall not bedeparted from except as otherwise instructedby the Project Manager. Any Supplier'sdrawings, documents, samples or modelswhich the Project Manager fails to approve,shall be forthwith modified to meet therequirements of the Project Manager andresubmitted by the Supplier for approval.
14.4 The Supplier shall supply additional copies ofapproved drawings in the form and numbersstated in the contract or in subsequentadministrative orders.
14.5 The approval of the drawings, documents,samples or models shall not relieve theSupplier from any of his obligations under thecontract.
14.6 The Project Manager shall have the right at allreasonable times to inspect all contractdrawings, documents, samples or models atthe Supplier's premises.
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14.7 Before provisional acceptance of the supplies,the Supplier shall supply operation andmaintenance manuals together with drawings,which shall be in such detail as will enable theContracting Authority to operate, maintain,adjust and repair all parts of the supplies.Unless otherwise stated in the SpecialConditions, the manuals and drawings shall bein the language of the contract and in suchforms and numbers as stated in the contract.The supplies shall not be considered to becompleted for the purpose of provisionalacceptance until such manuals and drawingshave been supplied to the ContractingAuthority.
Article 15 Sufficiency of tender prices15.1 Subject to any additional provisions which may
be laid down in the Special Conditions, theSupplier shall be deemed to have satisfiedhimself before submitting his tender as to thecorrectness and sufficiency of the tender andto have taken account of all that is required forthe full and proper performance of the contractand to have included in his rates and prices allcosts related to the supplies, in particular:
15.1.1 the costs of transport;
15.1.2 the costs of handling, packing,loading, unloading, transit, delivery,unpacking, checking, insurance andother administrative costs inconnection with the supplies. Thepackaging shall be the property of theContracting Authority unless theSpecial Conditions provide otherwise;
15.1.3 the cost of documents relating to thesupplies where such documents arerequired by the Contracting Authority;
15.1.4 performance and supervision of on-site assembly and/or start up of thedelivered supplies;
15.1.5 furnishing of tools required forassembly and/or maintenance of thedelivered supplies;
15.1.7 furnishing of detailed operation andmaintenance manuals for each unit ofthe delivered supplies, as specified inthe contract;
15.1.8 supervision or maintenance and/orrepair of the supplies, for the periodof time stated in the contract,provided that this service shall notrelieve the Supplier of any warrantyobligations under the contract;
15.1.9 training of the Contracting Authority'spersonnel, at the Supplier's factoryand/or elsewhere as specified in thecontract.
15.2 Since the Supplier is deemed to havedetermined his prices on the basis of his owncalculations, operations and estimates, heshall carry out without additional charge anywork which is the subject of any itemwhatsoever in his tender for which he neitherindicates a unit price nor a firm price.
Article 16 Tax and Customsarrangements
16.1 For supplies manufactured locally, all internalfiscal charges applicable to their manufactureare excluded.
16.2 For supplies to be imported into the country ofthe Contracting Authority, all duties and taxesapplicable to their importation, including VATare excluded.
16.3 Whatever the origin of the supplies, thecontract is exempt from stamp and registrationduties.
Article 17 Patents and licencesUnless provided for in the Special Conditions,the Supplier shall indemnify the ContractingAuthority and the Project Manager against anyclaim resulting from the use, as specified in thecontract, of patents, licences, drawings,models or brand or trade marks, except wheresuch infringement results from compliance withthe design or specifications provided by theContracting Authority and/or the ProjectManager.
COMMENCEMENT AND DELAYSArticle 18 Commencement orders18.1 The Contracting Authority shall fix the date on
which performance of the contract is tocommence and advise the Supplier either inthe notification of award of the contract or byadministrative order issued by the ProjectManager.
18.2 The date for commencing performance shall
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be no later than 90 days following notificationof award of contract, unless agreed otherwiseby the parties.
Article 19 Period of performance19.1 The period of performance shall commence on
the date fixed in accordance with Article 18and shall be as stated in the contract, withoutprejudice to extensions of the period whichmay be granted under Article 20.
19.2 If provision is made for separate periods ofperformance for supply in separate lots, suchperiods shall not be aggregated in caseswhere one Supplier is allocated more than onelot.
Article 20 Extension of period ofperformance
20.1 The Supplier may request an extension to theperiod of performance if he is or will bedelayed in completing the contract by any ofthe following causes:
20.1.1 extra or additional supplies orderedby the Contracting Authority;
20.1.2 exceptional weather conditions in theState of the Contracting Authoritywhich may affect installation orerection of the supplies;
20.1.3 physical obstructions or conditionswhich may affect delivery of thesupplies, which could not reasonablyhave been foreseen by a competentSupplier;
20.1.4 administrative orders affecting thedate of completion other than thosearising from the Supplier's default;
20.1.5 failure of the Contracting Authority tofulfil his obligations under thecontract;
20.1.6 any suspension of the delivery and/orinstallation of the supplies which isnot due to the Supplier's default;
20.1.7 force majeure;
20.1.8 any other causes referred to in theseGeneral Conditions which are not dueto the Supplier's default.
20.2 The Supplier shall, within 15 days of becomingaware that delay may occur, notify the ProjectManager of his intention to make a request forextension of the period of performance towhich he considers himself entitled, and shall
within 60 days thereafter, except whereotherwise agreed between the Supplier andthe Project Manager, deliver to the ProjectManager full and detailed particulars of therequest, in order that such request may beinvestigated at the time.
20.3 The Project Manager shall, by written notice tothe Supplier after due consultation with theContracting Authority and where appropriatethe Supplier, grant such extension of theperiod of performance as may be justified,either prospectively or retrospectively or,inform the Supplier that he is not entitled to anextension.
Article 20 Delays in performance21.1 If the Supplier fails under his own responsibility
to deliver any or all of the goods or perform theservices within the time limit(s) specified in thecontract, the Contracting Authority shall,without formal notice and without prejudice tohis other remedies under the contract, beentitled, for every day which shall elapsebetween the expiry of the contractual periodand the actual date of completion, to liquidateddamages equal to 5/1000 of the value of theundelivered supplies to a maximum of 15% ofthe total value of the contract.
21.2 If the non-delivery of any of the goods preventsthe normal use of the supplies as a whole, theliquidated damages provided for in paragraph21 (1) shall be calculated on the basis of thetotal contract value.
21.3 If the Contracting Authority has becomeentitled to claim at least 15% of the contractvalue it may, after giving written notice to theSupplier:
21.3.1 seize the performance guarantee;and/or
21.3.2 terminate the contract, in which casethe Supplier will have no right tocompensation; and
21.3.3 enter into a contract with a third partyfor the provision of the balance of thesupplies. The Supplier shall not bepaid for this part of the contract; heshall also be liable for the additionalcosts and damages caused by hisfailure.
Article 22 Variations22.1 The Contracting Authority reserves the right, at
the time of contracting, to vary the quantitiesas stated in the Special Conditions. The total
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value of the supplies may not rise or fall as aresult of the variation in the quantities by morethan 25% of the contract price. The unit pricesused in the tender shall be applicable to thequantities procured under the variation.
22.2 The Project Manager shall have the power toorder any variation to any part of the suppliesnecessary for the proper completion and/orfunctioning of the supplies. Such variationsmay include additions, omissions,substitutions, changes in quality, quantity,form, character, kind, as well as drawings,designs or specifications where the suppliesare to be specifically manufactured for theContracting Authority, method of shipment orpacking, place of delivery, and in the specifiedsequence, method of timing of execution of thesupplies. No order for a variation shall havethe effect of invalidating the contract, but thefinancial effect, if any, of all such variation shallbe valued in accordance with Article 22 (6) .
22.3 No variation shall be made except byadministrative order, provided that:
22.3.1 if for any reason, the Project Managershall find it necessary to give an orderorally, he shall as soon as possiblethereafter confirm the order by anadministrative order;
22.3.2 if the Supplier shall confirm in writingan oral order given for the purpose ofArticle 22 (3) (1) and the confirmationshall not be contradicted in writingforthwith by the Project Manager, anadministrative order shall be deemedto have been issued for the variation;
22.3.3 an administrative order for variationshall not be required for an increaseor decrease in the quantity of anywork where such increase ordecrease is the result of the quantityexceeding or being less than thatstated in the Bill of Quantities orBudget breakdown.
22.4 Unless provided for in Article 22 (2), prior toany administrative order for variation, theProject Manager shall notify the Supplier of thenature and form of such variation. As soon aspossible, after receiving such notice, theSupplier shall submit to the Project Manager aproposal containing:
22.4.1 a description of the tasks, if any, to beperformed or the measures to betaken and a programme forexecution;
22.4.2 any necessary modifications to the
programme of performance or to anyof the Supplier's obligations under thecontract;
22.4.3 any adjustment to the contract pricein accordance with the rules as setout in Article 22.
22.5 Following the receipt of the Supplier'ssubmission referred to in Article 22 (3), theProject Manager shall, after due consultationwith the Contracting Authority and, whereappropriate, the Supplier, decide as soon aspossible whether or not the variation shall becarried out. If the Project Manager decides thata variation shall be carried out, he shall issuethe administrative order stating that thevariation shall be carried out at the price andunder the conditions given in the Supplier'ssubmission referred to in Article 22 (4) or asmodified by the Project Manager inaccordance with Article 22 (6).
22.6 The prices for all variations ordered by theProject Manager in accordance with Articles22(3) and 22 (5) shall be ascertained by theProject Manager in accordance with thefollowing principles:
22.6.1 where the task is of similar characterand executed under similar conditionsto an item priced in the bill ofquantities or Budget breakdown, itshall be valued at such rates andprices contained therein;
22.6.2 where the task is not of similarcharacter or is not executed undersimilar conditions, the rates andprices in the contract shall be used asthe basis for valuation so far as isreasonable, failing which, a fairvaluation shall be made by theProject Manager;
22.6.3 if the nature or amount of anyvariation relative to the nature oramount of the whole of the contract orto any part thereof shall be such thatin the opinion of the Project Managerany rate or price contained in thecontract for any item of work is byreason of such variation renderedunreasonable, then the ProjectManager shall fix such rate and price
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as in the circumstances he thinksreasonable and proper;
22.6.4 where a variation is necessitated bydefault or breach of contract by theSupplier, any additional costattributable to such variation shall beborne by the Supplier.
22.7 On receipt of the administrative orderrequesting the variation, the Supplier shallproceed to carry out the variation and bebound by these General Conditions in so doingas if such variation were stated in the contract.The supplies shall not be delayed pending thegranting of any extension of time forcompletion of adjustment to the contract price.Where the order for a variation precedes theadjustment to the contract price, the Suppliershall keep records of the costs of undertakingthe variation and of time expended thereon.Such records shall be open to inspection bythe Project Manager at all reasonable times.
Article 23 Suspension23.1 The Project Manager may, by administrative
order, at any time, instruct the Supplier tosuspend:
23.1.1 progress of the manufacture of thesupplies; or
23.1.2 delivery of supplies to the place ofacceptance at the time specified fordelivery in the performanceprogramme or, if no time specified, atthe time appropriate for it to bedelivered; or
23.1.3 the installation of the supplies whichhave been delivered to the place ofacceptance.
23.2 The Supplier shall, during suspension, protectand secure the supplies affected at theSupplier's warehouse or elsewhere, againstany deterioration, loss or damage to the extentpossible and as instructed by the ProjectManager, even if supplies have been deliveredto the place of acceptance in accordance withthe contract but whose installation has beensuspended by the Project Manager.
23.3 Additional expenses incurred in connectionwith such protective measure shall be added tothe contract price. The Supplier shall not beentitled to be paid any additional expenses ifthe suspension is:
23.3.1 otherwise provided for in the contract;or
23.3.2 necessary by reason of normalclimatic conditions at the place of
acceptance; or
23.3.3 necessary by reason of some defaultof the Supplier; or
23.3.4 necessary for the safety or the properexecution of the contract or any partthereof insofar as such necessitydoes not arise from any act or defaultby the Project Manager or theContracting Authority.
23.4 The Supplier shall not be entitled to suchadditions to the contract price unless henotifies the Project Manager, within 30 daysafter receipt of the order to suspend progressor delivery, of his intention to make a claim forthem.
23.5 The Project Manager, after consultation withthe Contracting Authority and the Supplier,shall determine such extra payment and/orextension of the period of performance to bemade to the Supplier in respect of such claimas shall, in the opinion of the Project Manager,be fair and reasonable.
23.6 If the period of suspension exceeds 180 days,and the suspension is not due to the Supplier'sdefault, the Supplier may, by notice to theProject Manager, request to proceed with thesupplies within 30 days, or terminate thecontract.
MATERIALS ANDWORKMANSHIP
Article 24 Quality of supplies24.1 The supplies must in all respects satisfy the
technical specifications laid down in thecontract and conform in all respects to thedrawings, surveys, models, samples, patternsand other requirements in the contract whichshall be held at the disposal of the ContractingAuthority or the Project Manager for thepurpose of identification throughout the periodof performance.
24.2 Any preliminary technical acceptancestipulated in the Special Conditions shall bethe subject of a request sent by the Supplier tothe Project Manager. The request shallindicate the specification of the materials,items and samples submitted for suchacceptance according to the contract, the lotnumber and the place where acceptance is totake place, as appropriate. The materials,items and samples specified in the requestmust be certified by the Project Manager asmeeting the requirements for such acceptanceprior their incorporation in the supplies.
24.3 Even if materials or items to be incorporated inthe supplies or in the manufacture of
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components to be supplied have beentechnically accepted in this way, they may stillbe rejected and must be replaced immediatelyby the Supplier if a further examination revealsdefects or faults. The Supplier may be giventhe opportunity to repair and make goodmaterials and items which have been rejected,but such materials and items will be acceptedfor incorporation in the supplies only if theyhave been repaired and made good to thesatisfaction of the Project Manager.
Article 25 Inspection and testing25.1 The Supplier shall ensure that the supplies are
delivered to the place of acceptance in time toallow the Project Manager to proceed withacceptance of the supplies. The Supplier isdeemed to have fully appreciated thedifficulties which he might encounter in thisrespect and he shall not be permitted toadvance any grounds for delay.
25.2 The Project Manager shall be entitled, fromtime to time, to inspect, examine, measure andtest the components, materials andworkmanship, and check the progress ofpreparation, fabrication or manufacture ofanything being prepared, fabricated ormanufactured for delivery under the contract inorder to establish whether the components,materials and workmanship are of the requisitequality and quantity. This shall take place atthe place of manufacture, fabrication orpreparation or at the place of acceptance, or atsuch other places as may be specified in thecontract.
25.3 For the purposes of such tests andinspections, the Supplier shall:
25.3.1 provide to the Project Manager,temporarily and free of charge, suchassistance, test samples or parts,machines, equipment, tools, labour,materials, drawings and productiondata as are normally required forinspection and testing;
25.3.2 agree, with the Project Manager, on the time and place for tests;
25.3.3 provide access for the ProjectManager at all reasonable times tothe place where the tests are to becarried out.
25.4 If the Project Manager is not present on thedate agreed for tests, the Supplier may, unlessotherwise instructed by the Project Manager,proceed with the tests, which shall be deemedto have been made in the Project Manager'spresence. The Supplier shall forthwith forwardduly certified copies of the test results to theProject Manager, who shall, if he has notattended the test, be bound by the test results.
25.5 When components and materials have passedthe tests referred to in Article 25, the ProjectManager shall notify the Supplier or endorsethe Supplier's certificate to that effect.
25.6 If the Project Manager and the Supplierdisagree on the test results, each shall give astatement of his views to the other within 15days after such disagreement arises. TheProject Manager or the Supplier may requiresuch tests to be repeated on the same termsand conditions or, if either party so requests,by an expert to be selected by commonconsent.
All test reports shall be submitted to the ProjectManager who shall communicate the results ofthese tests without delay to the Supplier. Theresults of retesting shall be conclusive. Thecost of retesting shall be borne by the partywhose views are proved wrong by theretesting.
25.7 In the performance of his duties, the ProjectManager and all persons authorised by himshall disclose only to those persons who areentitled to know of it information which he hasobtained by reason of his inspection andtesting of the methods of manufacture andoperation of the undertaking.
PAYMENTS
Article 26 General provisions26.1 Payments shall be made in euro through a
bank established in and approved by the Stateof the Contracting Authority. The administrativeor technical conditions to which payment ofadvances, interim and/or final payments madein accordance with Article 26 are subject, shallbe as stated in the Special Conditions.
26.2 The payments shall be made as follows:
26.2.1 - 60% of the contract price after thesigning of the contract, againstprovision of the performanceguarantee and a securityguaranteeing repayment in full of thisadvance;
26.2.2 - 30% of the contract price followingprovisional acceptance of thesupplies;
26.2.3 - 10% of the contract price, aspayment of the balance outstanding,following final acceptance of thesupplies. However, this payment of10% may, if the Supplier so wishes,be made at the same time as the30% instalment referred to inparagraph 26 (2) (2) if the Supplierprovides a security guaranteeing
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repayment of the full amount of the10% balance. The security shall bereleased within 60 days of the finalacceptance of the supplies.
26.3 Where only part of the supplies have beendelivered, the 30% payment due followingpartial provisional acceptance shall becalculated on the value of the supplies whichhave actually been accepted; the security shallbe released accordingly.
26.4 For supplies not covered by a warranty period,the payments under paragraphs 26(2) (2) and26(2)(3) above shall be aggregatedThe conditions to which the payments ofadvances, interim and/or final payments aresubject, shall be as stated in the SpecialConditions.
Article 27 Payment to third parties27.1 All orders for payment to third parties may be
carried out only after an assignment made inaccordance with Article 5. The assignmentshall be notified to the Contracting Authority.
27.2 Notification of beneficiaries of the assignmentshall be the sole responsibility of the Supplier.
27.3 In the event of a legally binding attachment ofthe property of the Supplier affecting paymentsdue to him under the contract, and withoutprejudice to the time limit laid down in theSpecial Conditions, the Contracting Authorityshall have 30 days, starting from the day whenhe receives notification of the definitive liftingof the obstacle to payment, to resumepayments to the Supplier.
Article 28 Delayed payments28.1 If the period laid down for payment in the
Special Conditions has been exceeded, andthe contract has not given rise to any claim,the Supplier shall qualify for interest calculatedpro rata on the basis of the number of calendardays by which payment is delayed, at therediscount rate of the issuing institute of theState in which the Supplier has his registeredoffice.
28.2 Any default in payment of more than 120 daysfrom the expiry of the period laid down in theSpecial Conditions shall entitle the Suppliereither not to perform the contract or toterminate it.
ACCEPTANCE ANDMAINTENANCEArticle 29 Delivery29.1 The Supplier shall deliver the supplies in
accordance with the terms specified in thecontract and the supplies shall remain at therisk of the Supplier until provisionalacceptance.
29.2 The Supplier shall provide such packaging ofthe supplies as is required to prevent theirdamage or deterioration in transit to their finaldestination as indicated in the contract. Thepackaging shall be sufficient to withstand,without limitation, rough handling, exposure toextreme temperatures, salt and precipitationduring transit and open storage. Package sizeand weight shall take into consideration, whereappropriate, the remoteness of the finaldestination of the supplies, and the possibleabsence of heavy handling facilities at allpoints in transit.
29.3 The packaging, marking and documentationinside and outside the packages shall complywith such requirements as shall be expresslyprovided for in the Special Conditions, subjectto any variations subsequently ordered by theProject Manager.
29.4 No supplies shall be shipped or delivered tothe place of acceptance until a confirmation inwriting has been obtained by the Supplier fromthe Project Manager that the supplies may bedelivered. The Supplier shall be responsible forthe delivery at the place of acceptance of allsupplies and Supplier's equipment required forthe purpose of the contract.
29.5 Each delivery must be accompanied by astatement drawn up by the Supplier. Thisstatement as stated in the Special Conditions.
29.6 Each package must be clearly marked asstated in the Special Conditions.
29.7 Delivery shall be deemed to have been madewhen there is written evidence available toboth parties that delivery of the supplies hastaken place in accordance with the terms ofthe contract, and the invoice(s) and all suchother documentation as specified in theSpecial Conditions, have been submitted tothe Contracting Authority. Where the suppliesare delivered to an establishment of theContracting Authority, the latter shall bear theresponsibility of bailee, in accordance with therequirements of the law of the contract, duringthe time which elapses between delivery forstorage and acceptance.
Article 30 Verification operations30.1 The supplies shall not be accepted until the
prescribed verifications and tests have beencarried out at the expense of the Supplier. The
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inspections and tests may be conductedbefore shipment, at the point of delivery and/orat the final destination of the goods.
30.2 The Project Manager shall, during the progressof the delivery of the supplies and before thesupplies are taken over, have the power toorder or decide:
30.2.1 the removal from the place ofacceptance, within such time or timesas may be specified in the order, ofany supplies which, in the opinion ofthe Project Manager, are not inaccordance with the contract;
30.2.2 the substitution by proper andsuitable supplies;
30.2.3 the removal and proper re-installation, notwithstanding anyprevious test thereof or interimpayment therefor, of any installationwhich in respect of materials,workmanship or design by theSupplier for which he is responsible,is not, in the opinion of the ProjectManager, in accordance with thecontract;
30.2.4 that any work done or goods suppliedor materials used by the Supplier is orare not in accordance with thecontract, or that the supplies or anyportion thereof do not fulfil therequirements of the contract.
30.3 The Supplier shall, with all speed and at hisown expense, make good the defects sospecified. In case of default on the part of theSupplier in carrying out such order, theContracting Authority shall be entitled toemploy other persons to carry out the ordersand all expenses consequent thereon orincidental thereto shall be recoverable from theSupplier by the Contracting Authority, or maybe deducted by the Contracting Authority fromany monies due or which become due to theSupplier.
30.4 Supplies which are not of the required qualityshall be rejected. A special mark may beapplied to the rejected supplies. This shall notbe such as to alter them or affect theircommercial value. Rejected supplies shall beremoved by the Supplier from the place ofacceptance, if the Project Manager sorequires, within a period which the ProjectManager shall specify, failing which they shallbe removed as of right at the expense and riskof the Supplier. Any work incorporatingrejected materials shall be rejected.
30.5 The provisions of Article 30 shall not affect theright of the Contracting Authority to claimunder Article 21, nor shall it in any way release
the Supplier from any warranty or otherobligations under the contract.
Article 31 Provisional acceptance31.1 The supplies shall be taken over by the
Contracting Authority when they have beendelivered in accordance with the contract, havesatisfactorily passed the required tests, orhave been commissioned as the case may be,and a certificate of provisional acceptance hasbeen issued or is deemed to have beenissued.
31.2 The Supplier may apply, by notice to theProject Manager, for a certificate of provisionalacceptance when supplies are ready forprovisional acceptance. The Project Managershall within 30 days from receipt of theSupplier's application:
31.2.1 issue the certificate of provisionalacceptance to the Supplier with acopy to the Contracting Authoritystating, where appropriate hisreservations and, inter alia, the dateon which, in his opinion, the supplieswere completed in accordance withthe contract and ready for provisionalacceptance; or
31.2.2 reject the application giving hisreasons and specifying the actions,which, in his opinion, are required ofthe Supplier for the certificate to beissued.
31.3 Should exceptional circumstances make itimpossible to proceed with the acceptance ofthe supplies during the period fixed forprovisional or final acceptance, a statementcertifying such impossibility shall be drawn upby the Project Manager after consultation,where possible, with the Supplier. Thecertificate of acceptance or rejection shall bedrawn up within 30 days following the date onwhich such impossibility ceases to exist. TheSupplier shall not invoke these circumstancesin order to avoid the obligation of presentingthe supplies in a state suitable for acceptance.
31.4 If the Project Manager fails either to issue thecertificate of provisional acceptance or to rejectthe supplies within the period of 30 days, heshall be deemed to have issued the certificateon the last day of that period, except where thecertificate of provisional acceptance is deemedto constitute a certificate of final acceptance. Inthis case, Article 34(2) below applies. If thesupplies are divided by the contract into lots,the Supplier shall be entitled to apply forseparate certificates for each of the lots.
31.5 In case of partial delivery, the ContractingAuthority reserves the right to give partialprovisional acceptance.
31.6 Upon provisional acceptance of the supplies,
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the Supplier shall dismantle and removetemporary structures as well as materials nolonger required for use in connection with theperformance of the contract. He shall alsoremove any litter or obstruction and redressany change in the condition of the place ofacceptance as required by the contract.
Article 32 Warranty obligations32.1 The Supplier shall warrant that the supplies
are new, unused, of the most recent modelsand incorporate all recent improvements indesign and materials, unless otherwiseprovided in the contract. The Supplier shallfurther warrant that all supplies shall have nodefect arising from design, materials orworkmanship, except insofar as the design ormaterials are required by the specifications, orfrom any act or omission of the ContractingAuthority, that may develop under use of thesupplies in the conditions obtaining in the Stateof the Contracting Authority. This warrantyshall remain valid as stated in the SpecialConditions.
32.2 The Supplier shall be responsible for makinggood any defect or damage to any part of thesupplies which may appear or occur during thewarranty period, or within 30 days after itsexpiration and which arise either:
32.2.1 from the use of defective materials,faulty workmanship or design of theSupplier; or
32.2.2 from any act or omission of theSupplier during the warranty period;or
32.2.3 in the course of an inspection madeby, or on behalf of, the ContractingAuthority.
32.3 The Supplier shall at his own cost make goodthe defect or damage as soon as practicable.The warranty period for all items replaced orrepaired shall recommence from the datewhen the replacement or repair was made tothe satisfaction of the Project Manager. If thecontract provides for partial acceptance, thewarranty period shall be extended only for thepart of the supplies affected by thereplacement or repair.
32.4 If any such defects appear or such damageoccurs during the warranty period, theContracting Authority or the Project Managershall notify the Supplier. If the Supplier fails toremedy a defect or damage within the timelimit stipulated in the notification, theContracting Authority may:
32.4.1 remedy the defect or the damageitself, or employ someone else tocarry out the work at the Supplier'srisk and cost, in which case the costsincurred by the Contracting Authorityshall be deducted from monies due to
or from guarantees held against theSupplier or from both; or
32.4.2 terminate the contract.
32.5 In case of emergency where the Suppliercannot be reached immediately or, havingbeen reached, is unable to take any measuresrequired, the Contracting Authority or theProject Manager may have the work carriedout at the expense of the Supplier. TheContracting Authority or the Project Managershall as soon as practicable inform theSupplier of the action taken.
Article 33 After-sales serviceAn after-sales service, if required by thecontract, shall be provided in accordance withthe details stipulated in the Special Conditions.The Supplier shall undertake to carry out orhave carried out the maintenance and repair ofsupplies and to provide a rapid supply of spareparts. The Special Conditions may specify thatthe Supplier shall be required to provide any orall of the following materials, notifications anddocuments pertaining to spare partsmanufactured or distributed by the Supplier:
33.1 such parts as the Contracting Authority mayelect to purchase from the Supplier, providedthat this election does not relieve the Supplierof any warranty obligations under the contract;
33.2 in the event of termination of production of thespare parts advance notification to theContracting Authority to procure the neededrequirements, and following such termination,furnishing at no cost to the ContractingAuthority, the blueprints, drawings andspecifications of the spare parts, if and whenrequested.
Article 34 Final acceptance34.1 Upon the expiration of the warranty period, or
where there is more than one such period,upon the expiration of the latest period andwhen all defects or damage have beenrectified, the Project Manager shall issue to theSupplier a final acceptance certificate and acopy thereof to the Contracting Authoritystating the date on which the Suppliercompleted his obligations under the contract tothe Project Manager's satisfaction. The finalacceptance certificate shall be given by theProject Manager within 30 days after theexpiration of the warranty period, or as soon asany rectifications instructed, pursuant to Article32, have been completed to the satisfaction of
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the Project Manager.
34.2 In the case of the non-justified inaction of theProject Manager at the end of the periodmentioned above, the Supplier may send aformal notice to the Contracting Authority. Atthe end of a new period of 30 days fromreceipt of the formal notice by the ContractingAuthority, the final acceptance certificate shallbe deemed to have been issued.
34.3 The contract shall not be considered to be fullyexecuted until the final acceptance certificatehas been signed or is deemed to have beensigned by the Project Manager.
34.4 Notwithstanding the issue of the finalacceptance certificate, the Supplier and theContracting Authority shall remain liable for thefulfilment of any obligation incurred under thecontract prior to the issue of the finalacceptance certificate, which remainsunperformed at the time such final acceptancecertificate is issued. The nature and extent ofany such obligation shall be determined byreference to the provisions of the contract.
BREACH OF CONTRACT ANDTERMINATION
Article 35 Breach of contract35.1 Either party commits a breach of contract
where he fails to discharge any of hisobligations under the contract.
35.2 Where a breach of contract occurs, the partyinjured by the breach shall be entitled to thefollowing remedies:
35.2.1 damages; and/or
35.2.2 termination of the contract.
35.3 Damages may be:
35.3.1 general damages; or
35.3.2 liquidated damages.
35.4 In any case where the Contracting Authority isentitled to damages, it may deduct suchdamages from any sums due to the Supplier orfrom the appropriate guarantee.
Article 36 Termination by theContracting Authority
36.1 Unless otherwise provided, the ContractingAuthority may at any time, after giving 7 daysnotice to the Supplier, terminate the contract inany of the following cases where:
36.1.1 the Supplier fails to provide thesupplies in strict accordance with theprovisions of the contract;
36.1.2 the Supplier fails to comply within areasonable time with a notice givenby the Project Manager requiring himto make good any neglect or failure toperform his obligations under thecontract which seriously affect theproper and timely performance of thecontract;
36.1.3 the Supplier refuses to carry outadministrative orders given by theProject Manager;
36.1.4 the Supplier assigns the contract orsub-contracts without theauthorisation of the ContractingAuthority;
36.1.5 the Supplier becomes bankrupt orinsolvent, or has a receiving ordermade against him, or compoundswith his creditors, or carries onbusiness under a receiver, trustee ormanager for the benefit of hiscreditors, or goes into liquidation;
36.1.6 any adverse final judgement is madein respect of an offence relating to theprofessional conduct of the Supplier
36.1.7 any other legal disability hinderingperformance of the contract occurs;
36.1.8 any organisational modificationoccurs involving a change in the legalpersonality, nature of the Supplier,unless such modification is recordedin an endorsement to the contract;
36.1.9 the Supplier fails to provide therequired guarantees or insurances, orif the person providing the earlierguarantees or insurances is not ableto abide by his commitments;
36.1.10 the Supplier fails to comply with theclauses provided for under Article 21of the Instructions to Tenderers.
36.2 Termination shall be without prejudice to anyother rights or powers under the contract of theContracting Authority and the Supplier. TheContracting Authority may, thereafter,conclude any other contract with a third partyfor the account of the Supplier. The Supplier's
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liability for delay in completion shallimmediately cease upon termination withoutprejudice to any liability thereunder that mayhave already occurred.
36.3 The Project Manager shall, upon the issue ofthe notice of termination of the contract,instruct the Supplier to take immediate steps tobring the execution of the supplies to a close ina prompt and orderly manner and to reduceexpenditure to a minimum.
36.4 In the event of termination, the Supplier or hisrepresentatives being present or dulysummoned, a report of supplies delivered andthe work performed shall be drawn up by theProject Manager as soon as possible, andinventories taken of the materials supplied andunused. A statement shall also be drawn ofsums due to the Supplier and of sums owed bythe Supplier to the Contracting Authority as atthe date of termination of the contract.
36.5 The Contracting Authority shall not be obligedto make any further payments to the Supplieruntil the supplies are completed, whereuponthe Contracting Authority shall be entitled torecover from the Supplier the extra costs, ifany, of providing the supplies, or shall pay anybalance due to the Supplier prior to terminationof the contract.
36.6 If the Contracting Authority terminates thecontract, it shall be entitled to recover from theSupplier any loss it has suffered up to amaximum amount stated in the SpecialConditions. If no maximum is stated, theContracting Authority shall not be entitled torecover more than the part of the contract pricecorresponding to the value of that part of thesupplies which cannot, by reason of theSupplier's failure, be put to the intended use.
Article 37 Termination by the Supplier37.1 The Supplier may, giving 14 days notice to the
Contracting Authority, terminate the contract ifthe Contracting Authority:
37.1.1 fails to pay the Supplier the amountsdue under any certificate issued bythe Project Manager after the expiryof the time limit stated in the SpecialConditions;
37.1.2 consistently fails to meet hisobligations after repeated reminders;or
37.1.3 suspends the progress of the deliveryof the supplies, or any part thereof,for more than 180 days, for reasonsnot specified in the contract, or notdue to the Supplier's default.
37.2 Such termination shall be without prejudice toany other rights of the Contracting Authority orthe Supplier acquired under the contract.
37.3 In the event of such termination, theContracting Authority shall pay the Supplier forany loss or damage the Supplier may havesuffered. Such additional payment shall notexceed a limit which has to be specified in theSpecial Conditions.
Article 38 Force majeure38.1 Neither party shall be considered to be in
default or in breach of his obligation under thecontract if the performance of such obligationsis prevented by any circumstances of forcemajeure which arises after the date ofnotification of award or the date when thecontract becomes effective, whichever is theearlier.
38.2 The term force majeure, as used herein shallmean acts of God, strikes, lock-outs or otherindustrial disturbances, acts of the publicenemy, wars whether declared or not,blockades, insurrection, riots, epidemics,landslides, earthquakes, storms, lightning,floods, washouts, civil disturbances,explosions, and any other similarunforeseeable events, not within the control ofeither party and which by the exercise of duediligence neither party is able to overcome.
38.3 Notwithstanding the provisions of Articles 21and 36, the Supplier shall not be liable toforfeiture of his performance guarantee,liquidated damages or termination for default if,and to the extent that, his delay in performanceor other failure to perform his obligations underthe contract is the result of an event of forcemajeure. The Contracting Authority shallsimilarly not be liable, notwithstanding theprovisions of Articles 28 and 37, to payment ofinterest on delayed payments, for nonperformance or for termination by the Supplierfor default, if, and to the extent that, theContracting Authority's delay or other failure toperform his obligations is the result of forcemajeure.
38.4 If either party considers that anycircumstances of force majeure have occurredwhich may affect performance of hisobligations, he shall promptly notify the otherparty and the Project Manager, giving detailsof the nature, the probable duration and thelikely effect of the circumstances. Unlessotherwise directed by the Project Manager inwriting, the Supplier shall continue to performhis obligations under the contract as far as isreasonably practicable, and shall seek allreasonable alternative means for performanceof his obligations which are not prevented bythe force majeure. The Supplier shall not putinto effect such alternative means unlessdirected to do so by the Project Manager.
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38.5 If the Supplier incurs additional costs incomplying with the Project Manager'sdirections or using alternative means underArticle 38(4), the amount thereof shall becertified by the Project Manager.
38.6 If circumstances of force majeure haveoccurred and continue for a period of 180 daysthen, notwithstanding any extension of time forcompletion of the contract that the Suppliermay by reason thereof have been granted,either party shall be entitled to serve upon theother 30 days� notice to terminate the contract.If at the expiry of the period of 30 days, forcemajeure still continues, the contract shallterminate and, in consequence thereof underthe law governing the contract, the partiesshall be released from further performance ofthe contract.
Article 39 Decease39.1 Where the Supplier is a natural person, the
contract shall be automatically terminated ifthat person dies. However, the ContractingAuthority shall examine any proposal made bythe heirs of beneficiaries if they have notifiedtheir wish to continue the contract. Thedecision of the Contracting Authority shall benotified to those concerned within 30 days ofreceipt of such proposal.
39.2 Where the Supplier consists of natural personsand one or more of them die, a report shall beagreed between the parties on the progress ofthe contract and the Contracting Authority shalldecide whether to terminate or continue thecontract in accordance with the undertakinggiven by the Project Manager and by the heirsor beneficiaries, as the case may be.
39.3 In the cases provided for in Articles 39 (1) and39 (2) persons offering to continue to performthe contract shall notify the ContractingAuthority thereof within 15 days of the date ofthe decease.
39.4 Such persons shall be jointly and severallyliable for the proper performance of thecontract to the same extent as the originalSupplier. Continuation of the contract shall besubject to the rules relating to establishment ofthe guarantee provided for in Article 11.
SETTLEMENT OF DISPUTESArticle 2 Amicable settlement of disputes
40.1 The Contracting Authority and the Suppliershall make every effort to amicably settle anydispute relating to the contract which may arisebetween them, or between the ProjectManager and the Supplier.
40.2 The Special Conditions shall describe:
40.2.1 the procedure for the amicablesettlement of disputes,
40.2.2 the time limit within which theamicable settlement procedure maybe invoked after the time that thedispute is notified to the other partyand the maximum time limit withinsuch settlement may be reached,which may not exceed 120 days fromthe commencement of the adoptedprocedure;
40.2.3 the time limits for responding inwriting to a request for amicablesettlement or to other requestspermitted during the course of thatprocedure and the consequences offailure to comply with those timelimits.
Article 41 ConciliationThe parties may agree to the settlement of thedispute by conciliation within a specific timelimit by a third party after the amicablesettlement procedure adopted has failed.
Article 42 ArbitrationIn the absence of an amicable settlement orsettlement by conciliation within the maximumtime limits specified, the dispute shall besettled as follows:
42.1 In the case of a national contract the disputeshall be settled in accordance with the nationallegislation of the State of the ContractingAuthority.
42.2 In the case of a transnational contract, thedispute shall be settled under the rules ofConciliation and Arbitration of the InternationalChamber of Commerce (Paris) by one or morearbitrators appointed in accordance with thesaid rules. The venue and the language ofsuch arbitration or the arbitrators shall bedetermined in the Special Conditions. Therequest for arbitration must be submitted within60 days as from the end of the period ofconciliation.
ETHICS CLAUSES
Article 43 Ethics clauses43.1 Without the Contracting Authority�s prior
written authorisation, a Supplier and his staff orany other company with which the Supplier isassociated or linked may not, even on anancillary or subcontracting basis, supply otherservices, carry out works or supply equipmentfor the project. This prohibition also applies toany other [programmes or] projects that could,
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owing to the nature of the contract, give rise toa conflict of interest on the part of the Supplier.
43.2 When putting forward a candidacy or tender,the candidate or Tenderer must declare that heis affected by no potential conflict of interest,and that he has no particular link with otherTenderers or parties involved in the project.Should such a situation arise duringperformance of the contract, the Supplier mustimmediately inform the Contracting Authority.
43.3 The Supplier must at all times act honourablyand impartially in accordance with the code ofconduct of his profession. He must refrain frommaking public statements about the project orservices without the Contracting Authority�sprior approval. He may not commit theContracting Authority in any way without itsprior written consent.
43.4 For the duration of the contract, the Supplierand his staff must respect human rights andundertake not to violate the political, culturaland religious mores of the recipient state.
43.5 The Supplier may accept no paymentconnected with the contract other than thatprovided for therein. The Supplier and his staffmust not exercise any activity or receive anyadvantage inconsistent with their obligations tothe Contracting Authority.
43.6 The Supplier and his staff are obliged tomaintain professional secrecy for the entireduration of the contract and after itscompletion. All reports and documents drawnup or received by the Supplier in connectionwith the contract are confidential.
43.7 The contract shall govern the contractingparties� use of all reports and documentsdrawn up, received or presented by themduring the execution of the contract.
43.8 The Supplier shall refrain from any relationshiplikely to compromise his independence or thatof his staff. If the Supplier ceases to beindependent, the Contracting Authority may,regardless of injury, terminate the contractwithout further notice and without the Supplierhaving any claim to compensation.
43.9 The Commission of the EuropeanCommunities reserves the right to suspend orcancel project financing if corrupt practices ofany kind are discovered at any stage of theaward process and if the Contracting Authorityfails to take all appropriate measures to
remedy the situation. For the purposes of thisprovision, �corrupt practices� are the offer of abribe, gift, gratuity or commission to anyperson as an inducement or reward forperforming or refraining from any act relating tothe award of a contract or implementation of acontract already concluded with theContracting Authority.
43.10 The Supplier undertakes to supply theCommission of the European Communities onrequest with supporting evidence regarding theconditions in which the contract is beingexecuted.
The Commission may carry out whateverdocumentary or on-the-spot checks it deemsnecessary to find evidence in cases ofsuspected unusual commercial expenses.
43.11 Suppliers found to have paid unusualcommercial expenses on projects funded bythe Community are liable, depending on theseriousness of the facts observed, to havetheir contracts terminated or to be permanentlyexcluded from receiving Community funds.
43.12 Failure to comply with one or more of theseethics clauses may result in the exclusion ofthe Supplier from other Community contractsand in penalties. The individual or company inquestion must be informed of the fact inwriting.
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ANNEXE II : TECHNICAL SPECIFICATIONS
LOT 1 � IT EQUIPMENT
The type and quantity of supplies are as follows:
Item Description Quantity
1.1 Server 111
1.2 Workstation 1665
1.3 Multimedia Workstation 1110
1.4 Notebook 22
1.5 Laser Printer 111
1.6 Color Inkjet Printer 11
1.7 Switch 111
1.8 Router 111
1.9 Faxmodem 111
1.10 IT Infrastructure 111
The description of supplies to be supplied is as follows:
Item Qty. Description1.1 111 Server
• Minimum one up to two Intel® Xeon� (or equivalent) DP Processor at 2.8 GHzminimum frequency, with min. 450 MHz Front Side Bus
• Minimum 4 PCI slots, out of which two hot-plug PCI-X 64 bit/133 MHz slots• Minimum 1GB DDR PC2100 ECC Memory, expandable to 12 GB• Minimum of two Ultra320 HDD-s, each of minimum 36 GB capacity with hot swap
support;• Minimum internal disks storage capacity 360GB upgradeable to 1TB• Dual-channel Ultra320 SCSI Controller, integrated RAID-1 functionality which must
provide the ability to mirror hard disk drives for data protection• Graphic card VGA compatible• 17� Monitor 1280x1024@ minimum 60 Hz• Wake on LAN support• Two 100/1000 Ethernet Controllers/Cards• CD-ROM (EIDE) drive 48X• 3.5 Floppy diskette drive• Ports: Minimum 3USB, integrated system management, 1serial(RS-232), 1 parallel,
mouse and keyboard ports• PS/2 mouse, keyboard• Redundant power and cooling• Integrated system management processor• Diagnostic LED�s• Tower case• Microsoft Windows 2000 Server with 25 Client Access License
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• Electronic messaging application, license for 25 users• Oracle 9i DB Std Edition, license for 25 users• Oracle 9iAS Std Edition, license for 25 users• Antivirus software for servers with 1 Year free update• 3 years on-site warranty
1.2 1665 Workstation
• 2.6 GHz Intel® Pentium4 Processor (or equivalent)• Minimum 256MB DDR-RAM Memory• 1 HDD, 40GB 7200rpm• Integrated video controller with minimum 32MB video memory• 17� Monitor 1024x768@ minimum 85 Hz, TCO�99• 100 Mbps Fast Ethernet Controller• CD-ROM drive• 3.5�� Floppy diskette drive• 3 external drive bays 5.25�• Audio interface integrated• Minimum 4 available PCI slots and 2 USB ports• PS/2 wheel mouse, keyboard• Tower case• Microsoft Windows XP Professional preinstalled• Microsoft Office XP Professional Romanian License• Antivirus software with 1 year free update• 3 years on-site warranty
1.3 1110 Multimedia Workstation
• 2.6 GHz Intel® Pentium4 Processor (or equivalent)• Minimum 512MB of DDR-RAM Memory• 1 HDD, 40GB, 7200rpm• Video controller with 64 MB SDRAM AGP;• 17� Monitor 1024x768@ minimum 85 Hz, TCO�99• Wake on LAN® and PXE facilities• 100/1000 Mbps Ethernet Controller• DVD-ROM drive• Audio interface integrated• Headset with microphone• Minimum 4 available PCI slots and 6 USB ports• 3.5�� Floppy diskette drive• PS/2 optical mouse, keyboard• Desktop case• Microsoft Windows XP Professional preinstalled• Microsoft Office XP Professional Romanian License• Antivirus software with 1 year free update• Software for diagnostic tests of the major computer components;• Recovery and restore solution for the operating system and the software utilities
delivered with the computer;• 3 years on-site warranty
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• Slots for PCMCIA card• Ports: 2 USB, 1 PS/2, 1 S-video out, 1Firewire, 1 serial, 1 parallel• Li-Ion battery with min 3h autonomy• Battery charger• Notebook case• Microsoft Windows XP Professional preinstalled• Microsoft Office XP Professional Romanian License• Antivirus software with 1 year free update• 3-year on-site warranty
1.5 111 Laser Printer
• Recommended monthly volume, maximum 65.000 pages• Resolution: 1200 mode (1800 x 600 dpi)• Memory: at least 16 MB• Media format type: A4• Speed: at least 12 ppm• CPU frequency: 200 MHz• Min. media input capacity: 200 sheets• Min. media output capacity: 200 sheets• Connection: Parallel IEEE 1284, USB 2.0, LAN 10/100TX• Emulation: PCL6, KDL6 (postscript 2 compatible)• Controller language: PRESCRIBE IIe• Compatibility: MS Windows 2000, XP• 1 year on site warranty
1.6 11 Color Inkjet Printer
• Resolution: at least 1440 x 720 dpi• Media format type: A4, A3+• Speed: at least 9ppm black, 9ppm color• Input capacity: 100 sheets• Connection: Parallel/USB• Compatibility: MS Windows 2000, XP• 1 year on site warranty
1.7 111 Switch
• 48 port 10/100TX stackable managed Fast Ethernet switch with RJ-45 connectors• minimum 2x1000T port• Buffer Memory 16MB• Half/Full Duplex• Auto-negotiation• Auto MDI/MDIX• 3 years on site warranty
1.8 111 Router
• Memory: Flash 8Mb, DRAM 16 Mb• Routing protocols: Static routes RIP v1, 2 and OSPF• LAN Protocols: IP, IPX/SPX, AppleTalk, PPPoE• WAN Protocols: Frame Relay, X.25, PPP, DecNet IV• VPN & Security Support: NAT,PAT,IP Packet Filtering,GRE,PPTP,L2TP, IPSec
Allocation Control Protocol (BAP/BACP), Always on Dynamic ISDN (AODI)• Leased Line: SYNC up to 2 Mbps, E1/G.703 channelized• Remote Access Dial-in• Authentication: DHCP Server/Client, CLI PAP/CHAP, RADIUS, TACACS• Traffic Shapping & QoS: IP Packet Prioritization, RSVP, Upstream bandwidth limitation• 3 years on site warranty
1.9 111 Faxmodem
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• Type: External• Up to 56 Kbps downloads with ITU V.92/v.90• ITU V.34 at 33.6 Kbps or 28.8 Kbps• V.32 turbo at 19.2 Kbps (21.6 Kbps between modems with ASL)• ITU V.32bis at 14.4 Kbps• HST at 16.8 Kbps• Compatible with most ITU and Bell standards down to 300 bps• PC serial interface RS-232• Compatibility: MS Windows 2000, XP• 3 years on-site warranty
1.10 111 IT Infrastructure
• Horizontal cabling Installation of Class D (Cat.5e): cabinets, sockets, plugs, cables, patch cords, lines
according to ISO/IEC 11801 standard specifications• Rack mount UPS for server and communication equipments
Type: on-line double conversion Redundant system 1000+1000VA Rated power: 2000VA Redundancy 1+1 for 1000VA output power Input voltage range: 110-264V at 1000VA output power Rated input voltage: 230V Rated output voltage: 230± 1% Autonomy: 20 minutes at 1000VA Input power factor: minimum 0.95
• Data connect• Test bulletins• 3 years on site warranty
OBS:• 111 Installations of 35 ports; expected offices area 50 m².• All cabling subsystems must have a performance warranty of 25 years from the
producer
Other requirements:
Full installation and putting into operation the items, where applicable.
All equipment must be delivered with: User and installation manual in Romanian language, allcable and plugs for interconnection, certificate of warranty and on-site demonstration by aspecialist.
Associated services:
• Custom clearance, preliminary reception, storage, insurance, hardware configuration, basicsoftware installation, transport, installation and testing on-site within maximum a maximumof 8 weeks.
• Site inspection visits, findings report for access environment and power supplyrequirements.
• Cabling project for each site to be presented within 4 weeks.
• Cabling and testing for each site as per UTP CAT5e standard. The equipments will beinstalled in one room, and if not possible in a maximum of 2 adjacent rooms.
• The draft programme for equipment demonstrations to be presented within 21 days andbefore the first installation.
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• The inspection and testing of the supplies shall take at the place of delivery.
• Technical acceptance of supplies will be the responsibility of the Ministry of Education andReseaerch of Romania in conjuction with each beneficiary school.
• On site demonstration of equipment in each site shall be for maximum of 4 personsincluding computer network administration and access to technical support.
• Warranty services including the in-country availability of technical support, repair services,preventive maintenance, Hot Line.
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LOT 2 � OFFICE EQUIPMENT
The type and quantity of supplies are as follows:
Item Description Quantity
2.1 Multimedia Projector 22
2.2 Video Recorder 122
2.3 Copying Machine 122
2.4 Copying Machine 22
The description of supplies to be supplied is as follows:
Item Qty. Description2.1 22 Multimedia projector
• Light output: at least 2000 ANSI lumens• Resolution: at least 1024x768 True XGA• Weight: max 2 kg• Lens: zoom, focus• Remote control• V Sync: 50-85Hz• Contrast ratio: at least 400:1• Composite Video: RCA x 1• S-Video: Mini DIN• Component Video: Mini D-sub 15pin (in common with Analog RGB
connector)• Video-RGB: Mini D-sub 15pin (in common with Analog RGB
connector) Input Terminals: Audio/Control• Audio: Stereo mini jack (in common with Analog RGB audio jack)• Control USB connector series B x1 (for mouse control)• 1 year on site warranty
2.2 122 Video recorder
• Memory Smart Search• 4 video heads• System: PAL B/G; PAL D/K; SECAM D/K• Smart Link with TV• Remote control• Long play and recording• 1 year on site warranty
2.3 122 Copying machine
• Copying volume: 10.000copies/month• Copy size: A3-A5R• Copying speed: min 15 copies per minute (A4)• First copy: 8 sec• Total paper capacity: 600 pages• Zoom at least 50-200%• Continuous copying: 1- 999• Automatic feeder � duplex type capacity: 100 pag.• Manual feeder: 100 pag.• Duplex unit
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• Copying volume: 2.000copies/month• Copy size: A3-A5R• Copying speed: min 15 copies per minute (A4)• Continuous copying: 1- 999• First copy: 6 sec• Paper capacity: 2x500 pages• Darkness regulating: automatically and manually• Zoom at least 50-200%• 1 year on site warranty
Other requirements:
Full installation and putting into operation the items, where applicable.
All equipment must be delivered with: User and installation manual in Romanian language, allcable and plugs, certificate of warranty and on-site demonstration by a specialist.
Associated services:
• Custom clearance, preliminary reception, storage, insurance, hardware configuration, basicsoftware installation, transport, installation and testing on-site within maximum a maximumof 8 weeks.
• Site inspection visits, findings report for access environment and power supplyrequirements.
• The draft programme for equipment demonstrations to be presented within 21 days andbefore the first installation.
• The inspection and testing of the supplies shall take at the place of delivery.
• Technical acceptance of supplies will be the responsibility of the Ministry of Education andReseaerch of Romania in conjuction with each beneficiary school.
• On site demonstration of equipment in each site shall be for maximum of 4 personsincluding computer network administration and access to technical support.
• Warranty services including the in-country availability of technical support, repair services,preventive maintenance, Hot Line.
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The above equipment for Lots 1 and 2 shall be delivered and installed in accordance withthe following packages:
LOT 1 - PACKAGE 1 LOT 1 - PACKAGE 2 LOT 1 - PACKAGE 3
Item Description Units Item Description Units Item Description Units1.1 Server 1 1.1 Server 1 N/A1.2 Workstations 15 1.2 Workstations 15 N/A
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MAP of ROMANIA, (The shaded areas represent the approximate locations for the delivery and installation of equipment)
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ANNEX III : BUDGET BREAKDOWN
EXAMPLEPage No [�of�]
LOT 1 � IT EQUIPMENT
PUBLICATION REFERENCE: EUROPEAID/116226/D/S/RO NAME OF TENDERER:_________________________
A B C D E
ARTICLE QUANTITY DESCRIPTION OF ARTICLE UNIT PRICEDDU (DELIVERY DUTY UNPAID)
EUR
TOTAL
EUR1.1 111 Server
1.2 1665 Workstation
1.3 1110 Multimedia Worksation
1.4 22 Notebook
1.5 111 Laser Printer
1.6 11 Color Inkjet Printer
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1.7 111 Switch
1.8 111 Router
1.9 111 Faxmodem
1.10 111 IT Infrastructure
Consumables Total cost
GRAND TOTAL
Done at:[���������], [../../..] by [name]
On behalf of [����������] [Tenderer’s.stamp]
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EXAMPLEPage No [�of�]
LOT 2 � OFFICE EQUIPMENT
PUBLICATION REFERENCE: EUROPEAID/116226/D/S/RO NAME OF TENDERER:_________________________
A B C D E
ARTICLE QUANTITY DESCRIPTION OF ARTICLE UNIT PRICEDDU (DELIVERY DUTY UNPAID)
EUR
TOTAL
EUR2.1 22 Multimedia Projector
2.2 122 Video Recorder
2.3 122 Copying Machine
2.4 122 Copying Machine
Consumables Total cost
GRAND TOTAL
Done at:[���������], [../../..] by [name]
On behalf of [����������] [Tenderer’s.stamp]
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ANNEXE IV:MODEL FOR PERFORMANCE GUARANTEE
[On letterhead paper of the financial institution providing the guarantee]
Contract title: Supply of IT and Office equipment, Romania
Identification number: EUROPAID/116226/D/S/RO
The undersigned, [name, company name, address], hereby declare that we will guarantee,not merely jointly and severally, but as principal debtor, to the Ministry of Development andPrognosis, 2-4 Cristian Popisteanu Str. Sector 1, Bucharest, Romania on behalf of[Supplier’s name and address], the payment of [amount of the performance guarantee],representing the performance guarantee mentioned in article XI of the Special Conditionswithout dispute, on receipt of a first written request from the recipient.
The guarantee will enter into force and take effect from the [ indicate the date of entry intoforce of the contract].
We note that you will release the guarantee and notify us of the fact at the latest within thirtydays of receipt of the final statement [except for the part assigned to the after sales serviceas stipulated in the Special Conditions].
Any dispute concerning this guarantee shall be governed by the Romanian Law and fallwithin the competence of the Court of Arbitrators of the Bucharest Chamber of Commerce.
Name: ����������� Position: �������
Signature: �����..
Date: <Date>
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ANNEXE V :
MODEL FOR ADVANCE GUARANTEE
[On letterhead paper of the financial institution providing the guarantee]
Contract title: Supply of IT and Office equipment, Romania
Identification number: EUROPAID/116226/D/S/RO
The undersigned, [name, company name, address], hereby declare that we will guarantee,not merely jointly and severally, but as principal debtor, to Ministry of Development andPrognosis, 2-4 Cristian Popisteanu Str. Sector 1, Bucharest, Romania on behalf of[Supplier’s name and address], the payment of [indicate the amount of the advance /balance], corresponding to the advance/balance as mentioned in Article XXVI.2 of theSpecial Conditions without dispute, on receipt of a first written request from the recipient.
The guarantee will enter into force and take effect from the [indicate the date of payment ofthe advance].
We note that you will release the guarantee and notify us of the fact at the latest within sixtydays of provisional acceptance of the goods.
Any dispute concerning this guarantee shall be governed by the Romanian Law and fallwithin the competence of the Court of Arbitrators of the Bucharest Chamber of Commerce.
Name: ����������� Position: �������
Signature: �����..
Date: <Date>
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C. OTHERS INFORMATIONS :
GLOSSARY OF TERMSSuccessful Tenderer: the Tenderer selected following a contract award procedure.
Contracting Authority: the party which concludes the contract, be it the Commission forand behalf the recipient, a country or a legal person governed by public or private law.
Project Manager: the natural or legal person responsible for monitoring theimplementation of the contract on behalf of the Contracting Authority.
Supplies: all items which the Supplier is required to supply to the Contracting Authority,including, where necessary, service such as installation, testing, commissioning,provision of expertise, supervision, maintenance, repair, training and other suchobligations connected with the items to be provided under the contract.
Budget breakdown: the completed Budget breakdown, including the breakdown of theoverall financial offer, submitted by the Tenderer with his tender, modified as necessary,and forming a part of the unit price contract.
General Conditions: the general conditions comprising clauses of an administrative,financial, legal and technical nature relating to the performance of contracts.
Special Conditions: the Special Conditions issued by the Contracting Authority as partof the invitation to tender, comprising amendments to the general conditions, specialcontractual clauses and a technical annex setting out the technical specifications.
Evaluation committee: a committee made up of an odd number of voting members (atleast three) appointed by the Contracting Authority and possessing the technical,linguistic and administrative capacities necessary to give an informed opinion on tenders.A representative of the Commission of the European Communities may be invited to siton the committee as a non-voting member observer.
Written communications: certificates, notices, orders and instructions issued in writingunder the contract.
Administrative order: any instruction or order issued by the Project Manager to theSupplier in writing regarding the provision of the supplies
Conflict of interest: any event influencing the capacity of a candidate, Tenderer orSupplier to give an objective and impartial professional opinion, or preventing him, at anymoment, from giving priority to the interests of the Contracting Authority. Anyconsideration relating to possible contracts in the future or conflict with othercommitments, past or present, of a candidate, Tenderer or Supplier, or any conflict withhis own interests. These restrictions also apply to subcontractors and employees of thecandidate, Tenderer or Supplier.
Breakdown of the overall price: the itemised list of rates and prices showing thebuild-up of the price in a lump-sum contract.
Bill of quantities: the document containing an itemised breakdown of the tasks to becarried out in a unit price contract, indicating a quantity for each item and thecorresponding unit price.
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Time limits: periods which shall begin to run from the day following the act or eventwhich serves as their starting point. Should the last day of the period fall upon a non-working day in the country of the Contracting Authority, the period shall expire at the endof the first working day following the last day of the period.
Day: calendar day.
In writing: this includes any hand-written, typewritten or printed communication,including telex, cable and facsimile transmissions.
Supply contract: a contract between a Supplier and the Contracting Authority for thepurchase, lease, hire or hire-purchase, with or without an option to buy, of goods. It mayalso cover such tasks as installation, servicing, repairs, training and after-sales service,etc.
Foreign currency: any currency permissible under the applicable provisions andregulations other than the Euro, which has been indicated in the tender.
National currency: the currency of the country of the Contracting Authority.
Tender price: the sum stated by the Tenderer in his tender for carrying out the contract.
Contract value: the sum stated in the contract representing the initial estimate payablefor carrying out the supplies, or such other sum as ascertained at the end of the contractas due under the contract.
Most economically advantageous tender: the tender deemed to be the best by thecriteria laid down for the contract in question, e.g. quality, technical properties, aestheticand functional qualities, after-sales service and technical assistance, delivery date orperformance period, the price or lowest price. These criteria must be published in theprocurement notice or stated in the tender dossier.
International open procedure: procedure in which any natural or legal person or groupthereof may, after publication by the Commission in the OJCE and on the Internet,submit a tender in response to a procurement notice.
Local open procedure: procedure in which any natural or legal person or group thereofmay, after local publication, submit a tender in response to a procurement notice
Tenderer: any natural or legal person or group of such persons submitting a tender witha view to concluding a contract.
Candidate: any natural or legal person or group of such persons applying to take part ina restricted or simplified procedure or selected under a simplified or negotiatedprocedure.
Supplier: the successful Tenderer once the contract has been signed by all partiesconcerned.
Liquidated damages: the sum stated in the contract as compensation payable by theSupplier to the Contracting Authority for failure to complete the contract or part thereofwithin the periods under the contract, or as payable by either party to the other for anyspecific breach identified in the contract.
General damages: the sum not stated beforehand in the contract, which is awarded bya court or an arbitration tribunal, or agreed between the parties, as compensationpayable to an injured party for a breach of the contract by the other party.
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EVALUATION GRIDSEVALUATION GRID I
Administrative Compliance – Opening Session
ContractTitle:
Procurement of IT and office equipment for Romania schools and resourcecentres – LOT 1 – IT EQUIPMENT
Publication Ref:EUROPEAID/116226/D/S/RO
COMPANIESItem No. Reference Clause I. Administrative Compliance Yes/No
I.1 Letter of Invitation When received Date
I.2 Letter of Invitation Timely submission
I.3 A – Instructions to Tenderers – Clause 15 Withdrawal submitted
I.4 A – Instructions to Tenderers – Clause 10 Sealed and intact package marked with Tenderer's name and address
I.5 A – Instructions to Tenderers – Clause 10.1.1 One original and <5> copies of the Tender
I.6 Annex D Supply Tender Submission Form completed and signed
I.7 Annex D Other consortium partners Name
I.8 Annex D Tenderer’s Declaration included and signed
I.9 A – Instructions to Tenderers – Clauses 11.7 Original and validity of the Tender Security attached, and incompliance with requirements (50,000 Euro and 90 days)
I.10 Annex III Budget Breakdown in Euro
I.11 Supply Tender Submission Form Value of basic Tender Euro
I.12 Supply Tender Submission Form Discount offered % , Euro
Tender accepted for further evaluation (P) or rejected (F)
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EVALUATION GRID IIAdministrative Compliance – completeness of tender (closed session)
ContractTitle:
Procurement of IT and office equipment for Romania schools and resourcecentres – LOT 1 – IT EQUIPMENT
Publication Ref:EUROPEAID/116226/D/S/RO
COMPANIESItem No. Reference Clause II. Procedural Compliance – Completeness of tender
II.1 A – Instructions to Tenderers – Clause 9 Tender submitted in the English language
II.2 Annex D Tender Submission Form in standard format, duly completed, validity oftender compliant with requirements
II.3 Annex D Tenderer’s Declaration in standard format, duly completed, signed (by allconsortium partners for a consortium)
II.4 A – Instructions to Tenderers – Clause 3 Tenderer from EU or Phare member countries
II.5 A – Instructions to Tenderers – Clause 4 All supplies are from an eligible country – Statement of origin of suppliesincluded
II.6 A – Instructions to Tenderers – Clause 11.1 Technical Proposal complete
II.7 A – Instructions to Tenderers – Clause 11.2 Financial Offer complete
Tender accepted for further evaluation (P) or rejected (F)
Legend:C Clarification RequestedP PassF Fail
Name Signature
Chairman …………………………. ………………………….
Voting Member …………………………. ………………………….
Voting Member …………………………. ………………………….
Voting Member …………………………. ………………………….
Date: ………/…….…/………….
Supply of IT and office equipment, Romania Page 77 of 92
EVALUATION GRID IIIQualification
ContractTitle:
Procurement of IT and office equipment for Romania schools and resourcecentres – LOT 1 – IT EQUIPMENT
Publication Ref:EUROPEAID/116226/D/S/RO
COMPANIESItem No. Reference Clause IV. Qualifications
III.1 A – Instructions to Tenderers – Clause 11.9 (1 a) Average annual turnover over last three (3) years equivalent to at least 5million Euro
III.2 A – Instructions to Tenderers – Clause 11.9 (1 b) Positive annual operating profit
III.3 A – Instructions to Tenderers – Clause 11.9 (2 a) Evidence of at least 3 similar projects in the last 3 years
III.4 A – Instructions to Tenderers – Clause 11.9 (3a) Provide evidence regarding his/her capacity for warranty and after-sales inRomania
III. 5 A – Instructions to Tenderers – Clause 11.9 (3a)Provide evidence regarding his/her capacity for warranty and after-sales inRomania OR Warranty and after-sales available in Romania through a thirdparty
Tender accepted for further evaluation (P) or rejected (F)
Legend:C Clarification RequestedP PassF Fail
Name Signature
Chairman …………………………. ………………………….
Voting Member …………………………. ………………………….
Voting Member …………………………. ………………………….
Voting Member …………………………. ………………………….
Date: ………/………/………….
Supply of IT and office equipment, Romania Page 78 of 92
EVALUATION GRID IVTechnical Evaluation
ContractTitle:
Procurement of IT and office equipment for Romania schools and resourcecentres – LOT 1 – IT EQUIPMENT
Publication Ref:EUROPEAID/116226/D/S/RO
COMPANIESItem No. Reference Clause V. Technical Proposal
IV.1 A – Instructions to Tenderers – Clause 11.1 (a) Detailed description of the supplies tendered
IV.2 A – Instructions to Tenderers – Clause 11.1 (b) List of manufacturer’s recommended consumables
IV.3 A – Instructions to Tenderers – Clause 11.1 (c) Proposal for equipment demonstrations
IV.4 Annex II In-county warranty services, technical support, repair services,preventive maintenance, hot line.
IV.5 Annex II SERVER equipment in accordance with technicalspecifications
IV.6 Annex II WORKSTATION equipment in accordance with technicalspecifications
IV.7 Annex II MULTIMEDIA WORKSATION equipment in accordancewith technical specifications
IV.8 Annex II NOTEBOOK equipment in accordance with technicalspecifications
IV.9 Annex II LASER PRINTER equipment in accordance with technicalspecifications
IV.10 Annex II COLOR INK JET PRINTER equipment in accordance withtechnical specifications
IV.11 Annex II SWITCH equipment in accordance with technicalspecifications
IV.12 Annex II ROUTER equipment in accordance with technicalspecifications
IV.13 Annex II Proposals for IT INFRASTRUCTURE installation
IV.14 Annex II SOFTWARE in accordance with technical specifications
Supply of IT and office equipment, Romania Page 79 of 92
IV.15 Annex II Faxmodem
IV.16 Annex II WARRANTY requirements
Tender accepted for further evaluation (P) or rejected (F)
Legend:C Clarification RequestedP PassF Fail
Name Signature
Chairman …………………………. ………………………….
Voting Member …………………………. ………………………….
Voting Member …………………………. ………………………….
Voting Member …………………………. ………………………….
Date: ………/………/………….
Supply of IT and office equipment, Romania Page 80 of 92
EVALUATION GRID VFinancial Evaluation
ContractTitle:
Procurement of IT and office equipment for Romania schools and resourcecentres – LOT 1 – IT EQUIPMENT
Publication Ref:EUROPEAID/116226/D/S/RO
COMPANIES(EURO)Item No. Reference VI. Financial Evaluation
V.1 D – Tender Submission Form Tender Price (as in Tender Submission Form)
V.2 D – Tender Submission Form Tender Price after discount
A – Instructions to Tenderers – Clause 20.4 Correction to Tender Price
V.3 = V.1 + V.2 Corrected Tender Price
Legend:C Clarification RequestedP PassF Fail
Name Signature
Chairman …………………………. ………………………….
Voting Member …………………………. ………………………….
Voting Member …………………………. ………………………….
Voting Member …………………………. ………………………….
Date: ………/………/………….
Supply of IT and office equipment, Romania Page 81 of 92
Procurement of IT and office equipment for Romania schools and resourcecentres – LOT 2 – OFFICE EQUIPMENT
Publication Ref:EUROPEAID/116226/D/S/RO
COMPANIESItem No. Reference Clause I. Administrative Compliance Yes/No
I.1 Letter of Invitation When received Date
I.2 Letter of Invitation Timely submission
I.3 A – Instructions to Tenderers – Clause 15 Withdrawal submitted
I.4 A – Instructions to Tenderers – Clause 10 Sealed and intact package marked with Tenderer's name and address
I.5 A – Instructions to Tenderers – Clause 10.1.1 One original and <5> copies of the Tender
I.6 Annex D Supply Tender Submission Form completed and signed
I.7 Annex D Other consortium partners Name
I.8 Annex D Tenderer’s Declaration included and signed
I.9 A – Instructions to Tenderers – Clauses 11.7 Original and validity of the Tender Security attached, and incompliance with requirements (50,000 Euro and 90 days)
I.10 Annex III Budget Breakdown in Euro
I.11 Supply Tender Submission Form Value of basic Tender Euro
I.12 Supply Tender Submission Form Discount offered % , Euro
Tender accepted for further evaluation (P) or rejected (F)
Supply of IT and office equipment, Romania Page 82 of 92
EVALUATION GRID IIAdministrative Compliance – completeness of tender (closed session)
ContractTitle:
Procurement of IT and office equipment for Romania schools and resourcecentres – LOT 2 – OFFICE EQUIPMENT
Publication Ref:EUROPEAID/116226/D/S/RO
COMPANIESItem No. Reference Clause II. Procedural Compliance – Completeness of tender
II.1 A – Instructions to Tenderers – Clause 9 Tender submitted in the English language
II.2 Annex D Tender Submission Form in standard format, duly completed, validity oftender compliant with requirements
II.3 Annex D Tenderer’s Declaration in standard format, duly completed, signed (by allconsortium partners for a consortium)
II.4 A – Instructions to Tenderers – Clause 3 Tenderer from EU or Phare member countries
II.5 A – Instructions to Tenderers – Clause 4 All supplies are from an eligible country – Statement of origin of suppliesincluded
II.6 A – Instructions to Tenderers – Clause 11.1 Technical Proposal complete
II.7 A – Instructions to Tenderers – Clause 11.2 Financial Offer complete
Tender accepted for further evaluation (P) or rejected (F)
Legend:C Clarification RequestedP PassF Fail
Name Signature
Chairman …………………………. ………………………….
Voting Member …………………………. ………………………….
Voting Member …………………………. ………………………….
Voting Member …………………………. ………………………….
Date: ………/…….…/………….
Supply of IT and office equipment, Romania Page 83 of 92
EVALUATION GRID IIIQualification
ContractTitle:
Procurement of IT and office equipment for Romania schools and resourcecentres – LOT 2 – OFFICE EQUIPMENT
Publication Ref:EUROPEAID/116226/D/S/RO
COMPANIESItem No. Reference Clause IV. Qualifications
III.1 A – Instructions to Tenderers – Clause 11.9 (1 a) Average annual turnover over last three (3) years equivalent to at least 5million Euro
III.2 A – Instructions to Tenderers – Clause 11.9 (1 b) Positive annual operating profit
III.3 A – Instructions to Tenderers – Clause 11.9 (2 a) Evidence of at least 3 similar projects in the last 3 years
III.4 A – Instructions to Tenderers – Clause 11.9 (3a) Provide evidence regarding his/her capacity for warranty and after-sales inRomania
III. 5 A – Instructions to Tenderers – Clause 11.9 (3a)Provide evidence regarding his/her capacity for warranty and after-sales inRomania OR Warranty and after-sales available in Romania through a thirdparty
Tender accepted for further evaluation (P) or rejected (F)
Legend:C Clarification RequestedP PassF Fail
Name Signature
Chairman …………………………. ………………………….
Voting Member …………………………. ………………………….
Voting Member …………………………. ………………………….
Voting Member …………………………. ………………………….
Date: ………/………/………….
Supply of IT and office equipment, Romania Page 84 of 92
EVALUATION GRID IVTechnical Evaluation
ContractTitle:
Procurement of IT and office equipment for Romania schools and resourcecentres – LOT 2 – OFFICE EQUIPMENT
Publication Ref:EUROPEAID/116226/D/S/RO
COMPANIESItem No. Reference Clause V. Technical Proposal
IV.1 A – Instructions to Tenderers – Clause 11.1 (a) Detailed description of the supplies tendered
IV.2 A – Instructions to Tenderers – Clause 11.1 (b) List of manufacturer’s recommended consumables
IV.3 A – Instructions to Tenderers – Clause 11.1 (c) Proposal for equipment demonstrations
IV.4 Annex II In-county warranty services, technical support, repair services,preventive maintenance, hot line.
IV.5 Annex II MULTIMEDIA PROJECTOR equipment in accordance withtechnical specifications
IV.6 Annex II VIDEO RECORDER equipment in accordance with technicalspecifications
IV.7 Annex II COPYING MACHINE equipment in accordance with technicalspecifications (10.000 copies/months)
IV.8 Annex II COPYING MACHINE equipment in accordance with technicalspecifications (2.000 copies/months)
IV.9 Annex II WARRANTY requirements
Tender accepted for further evaluation (P) or rejected (F)
Legend:C Clarification RequestedP PassF Fail
Name SignatureChairman …………………………. ………………………….
Voting Member…………………………. ………………………….
Voting Member…………………………. ………………………….
Voting Member…………………………. ………………………….
Date: ………/………/………….
Supply of IT and office equipment, Romania Page 85 of 92
EVALUATION GRID VFinancial Evaluation
ContractTitle:
Procurement of IT and office equipment for Romania schools and resourcecentres – LOT 2 – OFFICE EQUIPMENT
Publication Ref:EUROPEAID/116226/D/S/RO
COMPANIES(EURO)Item No. Reference VI. Financial Evaluation
V.1 D – Tender Submission Form Tender Price (as in Tender Submission Form)
V.2 D – Tender Submission Form Tender Price after discount
A – Instructions to Tenderers – Clause 20.4 Correction to Tender Price
V.3 = V.1 + V.2 Corrected Tender Price
Legend:
C Clarification RequestedP PassF Fail
Name Signature
Chairman …………………………. ………………………….
Voting Member …………………………. ………………………….
Voting Member …………………………. ………………………….
Voting Member …………………………. ………………………….
Date: ………/………/………….
Supply of IT and office equipment Page 86 of 92
D. SUPPLY TENDER SUBMISSION FORM
Publication reference: EUROPEAID/116226/D/S/RO
Contract title: Supply of IT and Office Equipment, Romania
One signed original and five copies of this form and each of the documentsmentioned in it must be supplied.
1 SUBMITTED by
Name(s) of Tenderer(s) Nationality++++
Leader*
Partner 2*
Etc � *
*add / delete additional lines for partners as appropriate. Note that a sub-contractor is not considered to bea partner for the purposes of this tender procedure. If this tender is being submitted by an individualTenderer, the name of the Tenderer should be entered as 'Leader' (and all other lines should be deleted)+Country in which the Tenderer is registered
2 CONTACT PERSON (for this tender)
Name
Address
Telephone
Fax
e-mail
Supply of IT and office equipment, Romania Page 87 of 92
3 ECONOMIC AND FINANCIAL STANDING
Please provide the following financial data from your annual audited accounts. Ifaudited figures are not yet available, please provide your latest estimates, clearlyidentifying estimated figures.
Figures in all columns must be on the same basis to allow a direct, year-on-yearcomparison to be made (or, if the basis has changed, an explanation of thechange must be provided as a footnote to the table).
* insert the name of the Tenderer in the first column, adding / delete additional lines for partners as appropriate. If thisapplication is being submitted by an individual Tenderer, the name of the Tenderer should be entered as 'Leader' (andall other lines should be deleted)
4 EXPERIENCEPlease complete a table using the format below to summarise the major relevantprojects related to this contract carried out over the past 3 years by theTenderer(s). The number of references to be provided must not exceed 15 for theentire application
Ref # (maximum15)
Project title
�
<Name ofTenderer>
Country Overallproject value
(EUR)
Proportioncarried out byTenderer (%)
Client name Source offunding
Date Partners, ifany
� � � � � � �
Project description Type of suppliesprovided
� �
Supply of IT and office equipment, Romania Page 88 of 92
5 STATEMENTI, the undersigned, being the authorised signatory of the above Tenderer(including all consortium partners, in the case of a consortium), hereby declarethat we have examined and accept without reserve or restriction the entirecontents of the tender dossier for the tender procedure referred to above.
1. We offer to supply, in accordance with the terms of the tender dossier and the conditions and time limits laid down, without reserve or restriction, the following supplies:
Lot no [�.]:[description of supplies with indication of quantities and origin]
Lot no [�.]:[description of supplies with indication of quantities and origin]
2. The price of our tender [,excluding the discounts described under point 3] is:Lot no 1:[�����������������..]
Lot no 2:[�����������������..]
3. We will grant a discount of [ %], or [����..] [in the event of award of lotsno ………].
4. This tender is valid for a period of [����] from the final date for submissionof tenders, i.e. until [../../..].
5. If our tender is accepted, we undertake to provide a performance guarantee of[���..] as required by Article 11 of the General Conditions.
We offer to provide the supplies requested in the tender dossier on the basis of thefollowing documents:
� Technical offer
� Financial offer, including Budget breakdown
� Tenderer's declaration (including one from every consortium partner,in the case of a consortium)
� Tender guarantee
� Statement of origin of supplies
[If applicable: We undertake to guarantee the eligibility of the sub-contractor(s) forthe supplies services for which we have stated our intention to sub-contract in thetechnical offer.]
Our bank account details are as follows:
Supply of IT and office equipment, Romania Page 89 of 92
Accountnumber
Account name
Bank name &address
Correspondentbank (if any)
This tender is subject to acceptance within the validity period stipulated in clause 8of the Instructions to Tenderers.
Signed on behalf of the Tenderer
Name
Signature
Date
Supply of IT and office equipment, Romania Page 90 of 92
6 TENDERER'S DECLARATION(S)
To be completed and signed by the Tenderer (including one from eachconsortium partner, in the case of a consortium).
[On headed notepaper]
<Date>
Name and address of the Contracting Authority - see Article 10 of the Instructions toTenderersYour ref: EUROPEAID/116226/D/S/RO
Dear Sir/Madam
TENDERER'S DECLARATIONIn response to your letter of invitation to tender for the above contract, we herebydeclare that we:
• nominate the following person to act on our behalf for the purposes of this tender and any subsequent contract based on it:
Name
Position
Organisation
• have no interest of whatever nature in any other tenders in this tender procedure;
• confirm that we are not in any of the situations excluding us from participating incontracts which are listed in Article 3 of the Instructions to Tenderers;
• agree to abide by the ethics clauses in Section 7 of the Manual of Instructionsand, in particular, have no potential conflict of interests or any relation with otherTenderers or other parties in the tender procedure at the time of the submission ofthis tender;
• will inform the Contracting Authority immediately if there is any change in the abovecircumstances at any stage during the tender procedure or during theimplementation of the contract; and
• fully recognise and accept that any inaccurate or incomplete informationdeliberately provided in this tender may result in our exclusion from this and othercontracts funded by the European Communities.
Supply of IT and office equipment, Romania Page 91 of 92
In the event that our tender is successful, we undertake to provide the proof usualunder the law of the country in which we are established that we do not fall intocategories (a), (b), (c), (e) or (f) of the grounds for exclusion listed in Article 3 of theInstructions to Tenderers. The date on the evidence or documents provided will be noearlier than 180 days before the deadline for submission of tenders and, in addition, wewill provide a sworn statement that our situation has not altered in the period which haselapsed since the evidence in question was drawn up.We also understand that if we fail to provide this proof within 15 calendar days afterreceiving the notification of award, or if the information provided is proved false, theaward will be considered null and void.
Yours faithfully
<Signature of authorised representative of the Tenderer>
< Name and position of authorised representative of the Tenderer >
Supply of IT and office equipment, Romania Page 92 of 92
7. TEMPLATE FOR A TENDER GUARANTEE[On letterhead paper of the financial institution providing the guarantee]
<Date>
Contract title: Supply of IT and Office Equipment, Romania
Identification number: EUROPEAID/116226/D/S/RO
The undersigned, [name, company name, address], hereby declare that we willguarantee, not merely jointly and severally, but as principal debtor, to the Ministryof Development and Prognosis, 2-4 Cristian Popisteanu Str. Sector 1, Bucharest,Romania on behalf of [Supplier’s name and address], the payment of [amount ofthe tender guarantee], without dispute, on receipt of a first written request fromthe recipient.
The guarantee will enter into force and take effect from the [deadline forsubmitting].
We note that you will release the guarantee and notify us of the fact at the latestwithin sixty days of the expiry of the tender validity period, including anyextensions, in accordance with Article 8 of the instructions to Tenderers.
Any dispute concerning this guarantee shall be governed by the Romanian Lawand fall within the competence of the Court of Arbitrators of the BucharestChamber of Commerce.
