Akademia Sztuk Pięknych im

Transcription

Projekt współfinansowany przez Unii Europejskiej z Europejskiego Funduszu Rozwoju Regionalnego
Fundusze Europejskie dla rozwoju regionu łódzkiego
Investment implemented within the framework of project “ DEVELOPMENT OF INDUSTRIAL DESIGN
IN THE RANGE OF CERAMIC TILES AND DECORATIONS BASED ON THE SCIENTIFIC RESEARCH “
realized from Regional Operational Programme for the Lodzkie Voivodship for the years 2007-2013,
Priority axis III: Economy, Innovativeness, Entrepreneurship , III.1 Support of R&D Units
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TERMS OF REFERENCE
relating to the open invitation to tender in a public procurement procedure for:
Supply, installation and commissioning
of a ceramic digital printer for big-size wall tiles
This Order is being implemented with funding
of the European Union as part of the project:
“The development of industrial design within the scope of ceramic tiles and
decorations based on scientific research”
carried out as part of the Regional Operational Programme for the Lodzkie
Voivodeship for the years 2007-2013, PRIORITY AXIS III: ECONOMY,
INNOVATIVENESS, ENTREPRENEURSHIP III.1 SUPPORTING R&D UNITS
Case no. ASP/CTII/02/2014
Ozorków, 09/12/2014
APPROVED
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TABLE OF CONTENTS
These Terms of Reference comprise:
Volume I
Instructions for Contractors, Offer Proposal Form, Forms enclosed as Annexes
Volume II
Description of the order subject
Volume III
Agreement Form
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VOLUME I
INSTRUCTIONS FOR CONTRACTORS, FORMS
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Introduction
All Contractors participating in this tender procedure shall act in accordance with the Public
Procurement Law of 29 January 2004 (Journal of Laws from 2013, item 907, as amended) and all
secondary legislation to the Act. The order which is the subject of this tender procedure comprises
one part co-financed by:
1. Supply, installation and commissioning of a ceramic digital printer for big-size wall tiles
is being implemented with funding as part of the project:
“The development of industrial design within the scope of ceramic tiles and
decorations based on scientific research”
carried out as part of the Regional Operational Programme for the Lodzkie
Voivodeship for the years 2007-2013, PRIORITY AXIS III: ECONOMY,
INNOVATIVENESS, ENTREPRENEURSHIP III.1 SUPPORTING R&D UNITS
1. GENERAL PROVISIONS
Case number: ASP/CTII/02/2014
1. By submitting a tender, the Contractor accepts in whole and with no reservations the conditions
of the order implementation specified in the Terms of Reference together with all annexes to which
this order is assigned as well as the requirements of the Contracting Authority.
2. The Contractors shall be obliged to thoroughly acquaint themselves with and adhere to all
instructions, forms and conditions of the agreement and specification included in this Specification
of Essential Terms of the Contract.
3. Tenders shall be prepared in writing, in Polish, under pain of nullity. The Contracting Authority
allows submission of tenders and other documents submitted within framework of procedure in
English
4. Contractors shall bear all costs of the preparation and submission of tenders. Under no
circumstances shall the Contracting Authority bear any liability or be held accountable in any way in
relation to these costs, irrespective of the outcome of the tender procedure. Only if the tender
procedure is cancelled by fault of the Contracting Authority, the Contractors who submitted tenders
which would not be rejected, shall be entitled to a claim for reimbursement of costs for the
participation in the procedure, in particular of tender preparation costs.
5. The Contracting Authority informs that in accordance with art. 96 (3) of the Public Procurement
Law, tenders submitted in the tender procedure are open to public inspection as soon as they are
opened, with the exception of information which constitutes a business secret in the meaning of the
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provisions of the Act on Combating Unfair Competition, if the Contractor makes a reservation within
the tender submission period, that this information may not be made public or that Contractor
shown that confidential information constitutes business secret.
6. The provisions of the Public Procurement Law and the Civil Code shall apply in matters not
regulated herein.
CONTRACTING AUTHORITY
Contracting Authority:
CERAMIKA TUBĄDZIN II SP. Z O.O.
Ul. Armii Krajowej 20, 95-035 Ozorków
NIP:
732-18-13-880
REGON:
472196411
CONTRACT AWARD PROCEDURE
The contract award procedure is implemented as an open tender procedure pursuant to the Public
Procurement Law of 29 January 2004 (Journal of Laws from 2013, item 907, as amended),
hereinafter referred to as an Act, for a service with a contract value not exceeding the amount set
out in applicable regulations issued pursuant to Article 11(8) of the Act.
THE SUBJECT OF THE ORDER HAS BEEN ASSIGNED THE FOLLOWING COMMON PROCUREMENT
VOCABULARY (CPV) CODE:
42900000-5
VARIANT ORDERS
1. The Contractor shall submit an offer in accordance with the requirements specified in the Terms
of Reference.
2. Variant tenders shall not be accepted by the Contracting Authority.
3. The Contracting Authority shall not hold an electronic auction in this tender procedure.
COMPLEMENTARY CONTRACTS
The Contracting Authority shall not take advantage of the entitlement to conclude a complementary
contract under the single source procedure.
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2. DESCRIPTION OF THE SUBJECT OF THE ORDER
2.1. The subject of the order is respectively:
Supply, installation and commissioning of a ceramic digital printer for big-size wall tiles
Ceramic digital printer for decorating big-size wall tiles using safe disperse inks.
2.2. Detailed description of the subject of the order in reference to each part of the tender
procedure, together with the description of essential technical parameters is listed in VOLUME II
- DESCRIPTION OF THE SUBJECT OF THE ORDER.
2.3. The Contracting Authority declares that in areas where in the content of the documentation and
specifications which describe the subject of the order, Polish standards, trademarks, patents or
provenance were identified in the description of the subject of the order, the Contracting
Authority allows standards, methods, materials, devices, systems, technologies, etc. equivalent
to the ones specified in the description of the subject of the order. Therefore, any market
equivalents with properties not worse than those indicated by the Contracting Authority shall be
acceptable. The parameters of the indicated standards specify the minimum technical, working,
operational, qualitative and functional conditions which must be fulfilled by the subject of the
order. The specified trademarks, patents, brands or names of manufacturers indicating the
provenance only describe the class of the product, methods, materials, devices, systems,
technologies, etc. The order permits methods, materials, devices, systems, technologies, etc. of
other brands and manufacturers, with the provision that they possess technical, qualitative,
operational and functional parameters which reflect the methods, materials, devices, systems,
technologies, etc. described in the Terms of Reference.
3. MINIMUM CONDITIONS RELATING TO THE LENGTH OF THE GUARANTEE AND STATUTORY
WARRANTY
1) The minimum length of the guarantee and statutory warranty for the devices supplied by the
Contractor shall be 2 years (two years) counting from the date of a problem-free acceptance
procedure of the subject of the order by the Contracting Authority,
2) Detailed guarantee conditions are described in the agreement – annex to TOR – Volume III.
4. PERFORMANCE PERIOD
The required deadline for completing the order from the date of the agreement: 60 days.
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5. CONDITIONS FOR PARTICIPATION IN THE PROCEDURE AND DESCRIPTION OF THE MEANS OF
EVALUATING WHETHER THESE CONDITIONS ARE MET
5.1. The Contracting Authority will exclude from the procedure all Contractors who fail to
demonstrate that they fulfil the participation conditions pursuant to Article 24 (1) of the Act and
fulfil the conditions relating to:
5.1.1. possessing required qualifications to perform a given activity or task if relevant provisions
oblige him to prove that he has the necessary qualifications,
The Contracting Authority does not provide a precise description of the means of evaluating
whether this condition is met.
5.1.2. possessing relevant knowledge and experience,
5.1.3. having adequate technical capacity and resources to be able to perform the contract,
5.1.4. having access to persons able to perform the contract,
5.1.5. economic and financial situation enabling the performance of the contract,
The Contractor may rely on knowledge and experience, technical capacity, personnel qualified to
perform the order or financial or economical capabilities of other entities, regardless of the legal
nature of his relations with such entities. The Contractor shall be obliged to prove to the
Contracting Authority that he has at his disposal the required resources needed to perform the
contract, in particular by submitting a written declaration of these entities confirming the
handover of these resources to the Contractor for a period of time when they are employed to
perform the contract. A commitment or any other document forming an expressed basis for the
right to use the resources necessary for contract performance shall be submitted as an original
copy. An entity which committed itself to providing the resources and the contractor shall be
jointly and severally liable for the employer’s damage resulting from a failure to provide the
resources, unless this failure is not attributable to the entity.
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Note:
If the resources provided to the contractor comprise know-how and experience, technical
potential or financial/economic capacities of another entity or other entities, the document shall
include – apart from indication of the entity providing and accepting resources – at least the
following information:
a) the scope of another’s entity resources available to the Contractor,
b) manner of usage of another entity’s resources by the Contractor for the purposes of contract
performance;
c) nature of the relationship between the Contractor and another entity,
d) scope and period of another entity’s participation in contract performance.
5.2. No later than on the day of submitting tenders, the Contractor shall be obliged to demonstrate
that he fulfils the conditions for participation in the procedure, as specified in point 5.1 and that
there are no grounds for his exclusion from the proceedings, as specified in art. 24 (1) of the Act.
5.3. If contractors apply for a public procurement jointly, conditions specified in point 5.1 have to be
fulfilled by all the contractors jointly. Every contractor jointly applying for a public procurement
has to demonstrate there are no grounds for their exclusion from the proceedings, as specified
in art. 24 (1) of the Act.
5.4. The Contracting Authority will assess whether a given contractor fulfils the conditions for taking
part in the procedure by way of a pronouncement “fulfils/does not fulfil”, in accordance with the
requirements of the Contracting Authority, produced on the basis of declarations and
documents submitted by such contractor with the tender, listed and described in these TOR. The
content of the documents attached to the tender must clearly prove that the Contractor fulfils
these conditions.
6. LIST OF DECLARATIONS AND DOCUMENTS TO BE SUBMITTED BY THE CONTRACTORS IN ORDER
TO CONFIRM THAT THEY FULFIL THE CONDITIONS FOR PARTICIPATING IN THE PROCEDURE
AND DEMONSTRATE LACK OF GROUNDS FOR EXCLUSION FROM THE PROCEDURE
6.1.
In order to demonstrate compliance with the conditions for participating in the
procedure, the Contractor has to submit the following documents together with the
tender:
6.1.1. declaration of compliance with the conditions for participating in the procedure as set
out in Annex no. 3 to TOR.
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6.2. The Contractor may rely on knowledge and experience, technical capacity, personnel qualified
to perform the order or financial capability of other entities, regardless of the legal nature of
his relations with such entities. The Contractor shall be obliged to prove to the Contracting
Authority that he has at his disposal the required resources needed to perform the contract, in
particular by submitting:
6.2.1. a written commitment of the entity confirming its participation in the contract, in any
form which is in compliance with the law (e.g. as a subcontractor, advisor, etc.) – if the
Contractor relies on knowledge and experience of other entities in order to prove his
fulfilment of the conditions for participation in the tender procedure.
6.2.2. a written commitment of these entities to provide the Contractor with the necessary
resources during the period of performing the contract, together with details on the
amount of financial resources which can be made available by these entities - if the
Contractor relies on financial resources of other entities in order to prove his fulfilment
of the conditions for participation in the tender procedure.
6.3. If owing to a justified reason, the Contractor cannot submit documents relating to the financial
and economic situation specified in point 6.1.1, he can submit a different document which
sufficiently confirms the fulfilment of the conditions described by the Contracting Authority.
6.4. The documents submitted must confirm the fulfilment of the conditions for participation in
the tender proceedings on the day of submitting the tenders.
6.5. In order to demonstrate lack of grounds for exclusion from this procedure in circumstances
described in art. 24 (1) of the Act, the Contractor has to submit the following documents
together with the tender:
6.5.1. Declaration of lack of grounds for exclusion from the procedure in circumstances
described in art. 24 (1) of the Public Procurement Law, as set out in Annex no. 4 to TOR:
6.5.2. A valid copy of the relevant register entry or of the central registry and information on
economic activity, if separate provisions require an entry in the register or registry to be
made, in order to demonstrate there are no grounds for exclusion pursuant to Article 24
(1) point 2 of the Act, issued not earlier than 6 months prior to the expiry of the deadline
for the submission of tenders. If the Contractor's principal place of business or domicile
is located outside of the territory of the Republic of Poland, instead of the abovementioned documents, he is required to submit a document or documents issued in the
country, in which he has his principal place of business or domicile, adequately
confirming that no winding up proceedings have been instigated against him and that he
has not been declared bankrupt subject to the above deadline. These documents shall
be translated into English or Polish and certified by the Contractor.
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6.5.3. Current certificate issued by a relevant director of the tax office confirming that the
Contractor has paid all the taxes, or a certificate confirming that he has been granted a
statutory exemption, postponement or an opportunity for repayment of payments due
in instalments or a certificate confirming that a decision of competent authority has
been fully suspended – issued no sooner than 3 months prior to the expiry of the
deadline for the submission of tenders. If the Contractor's principal place of business or
domicile is located outside of the territory of the Republic of Poland, instead of the
above-mentioned documents, he is required to submit a document or documents issued
in the country, in which he has his principal place of business or domicile, adequately
confirming that he has paid all the taxes or that he has been granted a statutory
exemption, postponement or an opportunity for repayment of payments due in
instalments or that a decision of competent authority has been fully suspended subject
to the above deadline. These documents shall be translated into English or Polish and
certified by the Contractor.
6.5.4. Current certificate issued by a relevant department of the Social Insurance Institution or
Agricultural Social Insurance Fund confirming that the Contractor has paid all the health
insurance and social contributions, or a confirmation that he has been granted a
statutory exemption, postponement or an opportunity for repayment of payments due
in instalments or a that a decision of competent authority has been fully suspended –
issued no sooner than 3 months prior to the expiry of the deadline for the submission of
tenders. If the Contractor's principal place of business or domicile is located outside of
the territory of the Republic of Poland, instead of the above-mentioned documents, he
is required to submit a document or documents issued in the country, in which he has
his principal place of business or domicile, adequately confirming that he has paid all the
fees, health insurance and social contributions or that he has been granted a statutory
exemption, postponement or an opportunity for repayment of payments due in
instalments or that a decision of competent authority has been fully suspended, subject
to the above deadline. These documents shall be translated into English or Polish and
6.5.5. Current information from the National Court Register in the scope described in art. 24
(1) point 4-8 and 10-11 of the Act, issued no sooner than 6 months prior to the expiry of
the deadline for the submission of tenders. If the Contractor's principal place of
business or domicile is located outside of the territory of the Republic of Poland, instead
of the above-mentioned documents, he is required to submit a declaration issued by a
competent judicial or administrative authority in relation to the domicile or the domicile
of the person to which these documents apply to, in the scope described in art. 24 (1)
point 4-8 and 10-11 of the Act, subject to the above deadline. These documents shall be
translated into English or Polish and certified by the Contractor.
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6.5.6. Current information from the National Court Register in the scope described in art. 24
(1) point 9 of the Act, issued no sooner than 6 months prior to the expiry of the deadline
for the submission of tenders. If the Contractor's principal place of business or domicile
is located outside of the territory of the Republic of Poland, instead of the abovementioned documents, he is required to submit a document or documents issued in the
country, in which he has his principal place of business or domicile, adequately
confirming that no decisions have been issued preventing him from taking part in the
tender proceedings, subject to the above deadline. These documents shall be translated
into English or Polish and certified by the Contractor.
6.5.7. If in a given person's place of residence or in the country in which the Contractor has his
principal place of business or residence the documents referred to in the second
sentence in points 6.5.2. – 6.5.6. are not issued, they shall be replaced with a document
containing a relevant declaration, which shall also define the persons authorised to
represent the Contractor, made before a competent judicial, administrative or
professional or economic self-government authority relevant for the place of residence
of a given person or the country, in which the Contractor has his principal place of
business or domicile, or before a notary. The deadlines stipulated in point 6.5.2. – 6.5.6.
shall apply accordingly. These documents shall be translated into English or Polish and
6.5.8. In the event of any uncertainties relating to the content of the document submitted by
the Contractor with a principal place of business or domicile located outside of the
territory of the Republic of Poland, the Contracting Authority may contact the
appropriate authorities in the country where the Contractor has a principal place of
business or domicile, with a request for necessary information relating to the document
submitted.
6.5.9. Pursuant to art. 26 (2d) of the Public Procurement Law, the Contractor shall submit a list
of entities that belong to one capital group referred to in Article 24 (2) point 5 of the Act,
or a declaration that the entity is not a part of any capital group (drafted according to
the template that constitutes Annex no. 7 to TOR).
6.6.
In order to confirm the fulfilment of the conditions required from the Contractors
jointly applying for the participation in the tender proceedings:
a) declaration listed in point 6.5.1. and documents listed in points 6.5.2. – 6.5.6. or
equivalent declarations listed in point 6.5.7. shall be submitted by every Contractor,
b) declaration listed in point 6.1.1 shall be submitted on behalf of all Contractors.
6.7. Information on documents confirming that the products to be supplied meet the
appropriate requirements.
In order to confirm that the offered supplies meet the appropriate requirements, the
following documents must be submitted: manufacturer’s leaflets, catalogues or descriptions
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of products which are to be supplied - their authenticity must be authorised by the
Contractor if requested by the Contracting Authority.
If the documentation is in a language different to Polish or English, the Contractor shall be
obliged to supply a translation into Polish or English together with the original.
6.8.
Form of the documents submitted
6.8.1. The documents enclosed with the tender can be submitted in their original form or as a copy
certified as true and up-to-date by the Contractor, with the exception of declarations
described in point 6.1.1, 6.2 and 6.5.1, which must be submitted in their original form.
Documents prepared in a foreign language shall be submitted together with their
translations into Polish or English, certified by the Contractor. The Contracting Authority
shall reserve the right to request the submission of the original document or the document’s
copy certified by a notary only if the copy submitted by the Contractor is illegible or raises
doubts in relation to its validity.
6.8.2. In case of Contractors who apply for a public procurement jointly or in case of entities
referred to in point 6.2 of the Act, copies of documents concerning the Contractor or such
entities, respectively, can be certified as true and up-to-date copies by the Contractor or
these entities.
7.
INFORMATION ON THE MANNER OF COMMUNICATION BETWEEN THE CONTRACTING
AUTHORITY AND CONTRACTORS AS WELL AS OF DISPATCH OF DECLARATIONS AND DOCUMENTS.
INFORMATION ON PERSONS AUTHORIZED TO COMMUNICATE WITH CONTRACTORS
7.1.
7.2.
7.3.
Notifications, requests and any other information submitted by the Contracting Authority
and the Contractors during the public contract award procedure – except for the tender with
annexes, supplements and explanations relating to declarations, documents and
explanations relating to the content of the tender which have to be submitted in writing –
can be submitted in writing, by fax: +48 42/714 06 00 or by e-mail: [email protected] and
[email protected]
If the Contracting Authority or the Contractor provides statements, requests, notifications
and information by fax, either party at the request of the other party shall acknowledge the
receipt immediately.
Persons authorised to directly contact the Contractors are:

Krzysztof Urban - tel. +48 (42) 714 06 00 ; email: [email protected] (in
substantive matters),

Tomasz Kamiński – tel. +48 (42) 714 06 00 ; email: [email protected] (in
substantive matters).
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7.4.
7.5.
7.6.
7.7.
7.8.
7.9.
The Contractor may request the Contracting Authority to explain the contents of the Terms
of Reference.
The Contracting Authority shall immediately provide explanations to the queries of the
Contractor, however, not later than 6 days before the expiry of the time limit for the
submission of tenders, provided, that the request for the explanation of the contents of the
TOR was received by the Contracting Authority not later than by the end of the day, on
which half of the time allowed for the submission of tenders passes.
If the request for the explanation of the contents of TOR was received after the expiry of the
time limit for such requests as referred to in point 7.5, or when the request pertains to
clarifications already given, the Contracting Authority can either give clarifications or
disregard the request.
The extension of the time limit for the submission of tenders shall not affect the run of the
time limit for requests as referred to in point 7.5.
The Contracting Authority shall provide the text of the queries along with the explanations to
all the Contractors who have received the Terms of Reference at the same time, without
disclosing the source of the query, and shall also post them on the website:
www.tubadzin.pl
The Contracting Authority does not have any plans of organising a meeting for all the
Contractors in order to clarify queries relating to the content of these Terms of Reference.
8. TENDER DEPOSIT REQUIREMENTS
8.1 The tender deposit shall be set at:
EUR 1,000 (in words: one thousand Euros).
8.2. Tender deposits shall be made before the end of the tender submission period. The tender
deposit validity period is 60 days. This period commences with the expiry of the tender
submission period.
8.3. The deposit may be paid in one or several of the following forms:
1) cash;
2) bank sureties or guarantees of collective savings-loan fund, however, the surety of collective
savings-loan fund is always a financial surety;
3) bank guarantees;
4) insurance guarantees;
5) sureties given by entities, referred to in art. 6b paragraph 5 item 2 of the Act of 9 November
2000 on Establishment of Polish Agency for Enterprise Development (Journal of Laws No. 109,
item 1158, as amended).
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8.4. Should the tender deposit be paid in the form of a bank surety and guarantee and an insurance
guarantee, it should include the following elements:
a) indication of the Contractor, the Contracting Authority as the beneficiary of the
guarantee/insurance, indication of the Guarantor (bank or insurance company which is
granting the guarantee) and details of their registered offices,
b) full name of the procedure which forms the cause of the issuance of the guarantee,
c) indication of the guaranteed sum,
d) indication of the guarantee validity period,
e) the content of the guarantee or surety shall state that the guarantor is irrevocably and
unconditionally obliged to pay the Contracting Authority on first written demand the full
amount of the tender deposit in the event of statutory circumstances defined in art. 46 (4a)
and (5) of the Public Procurement Law, described in detail in point 9.13. and 9.14.
8.5. A deposit paid in cash shall be paid by bank transfer to the bank account of the Contracting
Authority to the bank CITI Bank Handlowy w Warszawie S.A.,
account no.: 37 1030 1205 0000 0000 9137 8027
For: ‘Tender deposit for:
A tender deposit paid by transfer to the Contracting Authority’s account shall be deemed as paid on
time if, on the date of opening tenders, the Contracting Authority’s account is credited with the
amount of the tender deposit.
8.6.
A tender deposit paid in cash shall be kept by the Contracting Authority in a bank account.
8.7. In the case of a deposit paid in the form of a guarantee or a surety, the original of the document
shall be submitted separately in an envelope with the tender, including the copy of the
document. Tender deposits paid in the form of bank sureties and guarantees, sureties of savings
and loan associations or insurance guarantees must be enclosed with the tender as a copy of the
document and the original must be submitted in a separate envelope labelled as the ‘original
copy of the tender deposit’ which shall be enclosed with the tender (inside the tender
envelope).
8.8. The Contracting Authority shall return a deposit to all Contractors immediately upon the
selection of the most advantageous tender or cancellation of the procedure, except for the
Contractor whose tender has been selected as the most advantageous, subject to point 8.14.
8.9. The deposit of that Contractor whose tender has been selected as the most advantageous shall
be returned by the Contracting Authority immediately upon the conclusion of the procurement
contract and provision of a security on due contract performance, if requested.
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8.10. The Contracting Authority shall return the deposit immediately upon request of the
Contractor who withdrew its tender prior to the expiry of the time limit for the submission of
tenders.
8.11. The Contracting Authority may request a new deposit from the Contractor, whose deposit
was returned based on point 8.8, if as a result of the final resolution the appeal its tender was
selected as the most advantageous. The Contractors shall pay a deposit within the time limit
fixed by the Contracting Authority.
8.12. If the deposit was paid in cash, the Contracting Authority shall return it to the bank account
specified by the Contractor.
8.13. The Contracting Authority shall retain the deposit together with interest, if the Contractor
whose tender has been selected:
1) refused to sign the public procurement contract on the terms specified in the tender;
2) failed to produce the required security on due performance of the contract;
3) the public procurement contract could not be signed by fault of the Contractor.
8.14. The Contracting Authority shall retain the deposit together with interest, if the contractor
in response to the request referred to in Article 26 item 3 of the Public Procurement Law, due to
reasons attributable to the same, neither submits documents or declarations referred to in Art.
25 item 1 of the Public Procurement Law, powers of attorney, a list of entities being a part of the
same capital group, as referred to in Art. 24 item 2 section 5 of the Public Procurement Law, or
information stating that it is not a part of a capital group, nor gives its consent to correct the
error referred to in Art. 87 item 2 section 3 of the Public Procurement Law, what results in an
inability to select the tender submitted by this contractor, even though it is the most favourable
one.
9. PERIOD DURING WHICH A CONTRACTOR MUST MAINTAIN ITS TENDER
9.1. The period during which a Contractor must maintain his tender shall be 60 days.
9.2. The period during which a Contractor must maintain his tender shall commence with the expiry
of the time limit for the submission of tenders.
9.3. The Contractor, independently or at the request of the Contracting Authority, may prolong the
period of being bound by the tender; however, the Contracting Authority may file such a
request for prolongation of this period by a specified amount of time, though no longer than
60 days, only once, at least 3 days before the expiry of the period during which the
Contractor is bound by the tender.
9.4. The extension of the period of being bound by the tender shall only be permissible if, at the
same time, the validity period of the tender deposit is extended, and if this is impossible, if a
new tender deposit is made for the extended period of being bound by the tender. If the
extension of the period of being bound by the tender is made after the selection of the most
advantageous offer, the requirement relating to the payment of a new tender deposit or its
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extension shall apply exclusively to the Contractor whose tender was selected as the most
advantageous.
10. DESCRIPTION OF THE MANNER OF TENDER PREPARATION
The tender shall be prepared and presented in compliance with the requirements specified below:
10.1. The tender must be prepared in writing, in Polish under pain of nullity. The Contractor may
submit the offer and other documents submitted within framework of procedure in English.
10.2 The tender has to be signed by the Contractor. The Contracting Authority requires the
Contractor to include in the submitted tender a document or documents that confirm his
authority to sign the tender. If the Contractor's principal place of business or domicile is
located outside of the territory of the Republic of Poland, he is required to submit an
appropriate document or documents issued in the country, in which he has his principal
place of business or domicile, which confirm his powers of representation. The required
documents must be submitted as originals or copies authenticated by the Contractor as a
true copy. If a person (or persons) signing the tender (representing the contractor) acts on
the basis of a document other than the documents enclosed - as described above, the
tender shall be accompanied by a letter of attorney. This letter of attorney must be
submitted in its original form or its copy must be certified as true and up-to-date by the
notary. The signature of the authorised person must enable the identification of the full
name of that person (e.g. shall be supplemented with a name stamp.
10.3. The content of the tender has to comply with conditions set out in the TOR and their content.
The documents for which the Contracting Authority provided templates in the form of
annexes to these TOR shall be completed accordingly, in relation to their content as well as
column and line descriptions. If some data in the forms does not apply to the Contractor,
the Contractor must enter ‘not applicable’ in the appropriate box on the form.
10.4. If information contained in the tender constitutes a business secret in the meaning of the
provisions of the Act on Combating Unfair Competition, the Contractor shall, in a manner
which raises no uncertainties, make a reservation which information included in the tended
constitutes a business secret or show that forbidden information constitutes a business
secret. Information constituting a business secret should be permanently bound and
separated from the other (public) part of the tender. It is recommended to bind the pages of
the tender permanently and number them in order. Information open to public investigation
during the opening of the tenders – i.e. information on price, order completion date,
guarantee period and payment conditions listed in the tenders may not constitute a
business secret.
10.5. All tenders must be typed, computer printed, or written in indelible ink.
10.6. All completed pages of a tender must be initialled by the Contractor, numbered and fastened
together in an orderly and permanent fashion, as defined in point 11. Failure to comply with
17
the requirements described above and requirements relating to the manner of tender
preparation – those which do not apply to its content, shall not constitute grounds for the
rejection of a tender, while all negative consequences which can stem from the noncompliance with these requirements shall not burden the Contracting Authority.
10.7. The Contractor has to initial all the changes to the content of the tender which he introduced
after the tender was drafted, in compliance with point 10.2 above. Otherwise they shall not
be taken into consideration.
10.8. Documents prepared in languages other than Polish or English shall be submitted together
with their translation into Polish or English certified by the Contractor.
10.9. The Contracting Authority may demand the presentation of the original or a copy of the
document certified by a notary public only if the copy of the document submitted by the
Contractor is illegible or raises doubts as to its authenticity.
10.10. For tenders submitted jointly by Contractors competing jointly for the award of the contract:
a) the tender must include a document granting proxy to an individual authorized to
represent the Contractors participating in the joint tender in the tender procedure or to
represent the Contractors in the tender procedure and enter into contract with regards
to a public procurement; any correspondence will be conducted exclusively with the
proxy;
b) all participating Contractors will have joint and several liability in respect to the nonperformance or improper performance of the contract.
10.11. Subcontracting – the Contractor must specify (using Annex no. 5) which part of the contract,
the Contractor entrusts to Subcontractors. If this information is lacking, the Contracting
Authority shall deem that the entirety of the order shall be performed by the Contractor
using his own resources.
11. CONTENT OF THE TENDER
Tenders must include:
11.1.
Title Page – in accordance with Annex No. 1.
11.2.
Offer Proposal Form – completed in accordance with Annex No. 2.
11.3. Confirmation that the tender deposit has been paid – for a payment form other than cash,
a copy of the document must be attached to the tender, while the original copy of the
guarantee or surety must be submitted in a separate envelope labelled ‘original copy of the
tender deposit’ which shall be enclosed with the tender (inside the tender envelope).
18
11.4. Document confirming the authorisations of the person/persons signing the tender to
represent and authorisation for the person/persons signing the tender (as an original copy or a
copy certified as true and up-to-date by the notary), if the offer is signed by the plenipotentiary.
11.5.
Documents and declarations specified in point 6 of the Terms of Reference.
11.6. For tenders submitted jointly by Contractors competing jointly for the award of the contract,
the tender must include a document granting proxy to an individual authorized to represent
the Contractors participating in the joint tender (as an original copy or a copy certified as true
and up-to-date by the notary) – e.g. completed Annex No. 6).
11.7. If the Contractor is planning to use Subcontractors in the implementation of the order, he
must also enclose completed Annex no. 5 with a list of supplies performed by Subcontractors.
11.8.
Declaration regarding Membership in a Capital Group – Annex No. 7.
11.9. Leaflets of the producer or catalogues and description of products which are to be delivered.
Authenticity of these documents must be confirmed by the Contractor on demand of
Contracting Authority according to point 6.7. of TOR
12. SUBMISSION OF TENDERS
12.1.
12.2.
12.3.
12.4.
Tenders must be submitted as a single copy.
Pages of the tender must be permanently bound together.
Tenders must be submitted in non-transparent, sealed envelopes which are secured against
being opened.
Description of the contents of the envelope:
Tender for:
Do not open before 02/02/2015, Hour: 10:00
12.4.
In addition to the above, the envelope shall also be labelled with the name and address of
the Contractor.
19
13. PLACE AND DATE OF TENDER SUBMISSION
13.1. Tenders which comply with these TOR must be submitted to the registered office of the
Contracting Authority - Ozorków, ul. Armii Krajowej 20, 95-035 Ozorków, within the tender
submission deadline: 02/02/2015, Hour: 8:30
13.2 In the event of any tenders submitted past the deadline - immediately after the deadline for
submitting tenders elapses, the Contracting Authority shall notify the Contractor that he
submitted his tender past the deadline and shall return the tender to the Contractor.
14. TENDER REVISION OR WITHDRAWAL
14.1.
14.2.
The Contractor may revise or withdraw the submitted tender before the submission
deadline.
The Contractor may revise or withdraw the submitted tender before the submission
deadline if he informs the Contracting Authority in writing that he wishes to revise or
withdraw the submitted tender before the submission deadline, as specified in chapter 14.
The notification about the revision or withdrawal of a tender shall be prepared, stamped and
labelled in accordance with the provisions of chapter 13 of these TOR, and the envelope
shall be additionally labelled with “REVISION” or “WITHDRAWAL”.
15. METHOD OF CALCULATING THE TENDER PRICE
15.1. The tender price shall be provided in the form – Annex No. 2. The price shall include
information about the applicable VAT tax.
15.2. The tender price if the gross supply value specified in Annex no. 2. The total price of the
tender must ensure coverage for all costs direct and indirect which the Contractor deems
necessary for the correct performance of the subject of the contract, the Contractor’s profit and
all taxes and fees required by law, and in particular the VAT tax. The Contractor shall include in
the price all information possessed on the subject of the order, and in particular, information,
requirements and conditions provided in these TOR. The Contracting Authority recommends
performing a site visit. The Contractor shall be obliged to include in the remuneration costs
changes to the VAT tax rate. The Contracting Authority shall not increase remuneration costs if
the VAT rate is increased or if VAT exemption is withdrawn during the entire period of the
implementation of the subject of the order.
15.3. The remuneration specified by the Contractor in the tender shall not be amended during the
implementation of the subject of the order and shall not be subject to indexation.
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15.4. The Contracting Authority requires all prices to be quoted rounded off to the second decimal
place and expressed in EUR.
16. ORDER CURRENCY
Any settlements made between the Contracting Authority and the Contractor shall be made in EUR.
17. CRITERIA USED BY THE CONTRACTING AUTHORITY IN SELECTING A TENDER, INCLUDING
WEIGHTING OF CRITERIA AND METHOD OF EVALUATING TENDERS.
17. Criteria used by the Contracting Authority in selecting a tender, including weighting of criteria
and method of evaluating tenders.
17.1.
1) Tenders shall be assessed by a tender committee.
2) The Contracting Authority shall assess and compare only tenders which:
- were submitted by Contractors not excluded from the tender procedure,
- are not rejected by the Contracting Authority.
3) The Contracting Authority shall use the following criteria to assess all submitted offers:
1. price – 55%
2. technical parameters – 45%
17.2. Method (criteria) of evaluating tenders
The Contracting Authority will evaluate the tenders on the basis of the following tender evaluation
criteria:
1)
Price – 55%
a. The Contracting Authority shall take into consideration the entire gross price for the
performance of the subject of the order when calculating this criterion.
b. Tender may receive 55 points within the scope of this criterion.
c. Tender with the lowest price shall receive 55 points.
d. Points awarded to other tenders shall be calculated using the formula below:
21
PC =
C min
------------- x 100 points x 55%
C
where:
PC
- scoring of a given tender for price
Cmin
- minimum price offered by the Contractors,
C
- price of a given tender.
e. If a tender is submitted whose selection would lead to a tax liability for the Contracting
Authority, in compliance with the provisions on VAT tax in relation to the intracommunity acquisition of goods, in order to assess the tender, the Contracting Authority
shall add to the price given in this tender a VAT tax which the Contracting Authority
would have to pay in compliance with the current provisions.
2)
Technical parameters - 45%
Within this criterion, points shall be calculated using the guidelines below:
1. Maximum ink droplet size (<70 pl : + 1 point , >=70 pl : + 10 points)
The maximum number of points for this parameter shall be 10 points.
2. Minimum ink droplet size (<=13 pl : + 5 points , >13 pl : + 1 point)
3. Number of levels in a grayscale (1 – 4 : + 1 point , 5 – 8 : + 5 points , >8 : + 10 points)
4. Maximum printing resolution ( 330 – 360 dpi : + 5 point , >360 dpi : + 10 points )
5. Body of the machine made of stainless steel ( NO : 0 points , YES : + 5 points )
5. System of automatic cleaning of transport belt ( NO : 0 points , YES : + 5 points )
22
The points awarded for the above parameters can be added together, a Contractor may receive
maximum 45 points.
The most favourable tender shall be the tender given the highest score, i.e. the one with the most
favourable tender evaluation criteria outcome.
The remaining Contractors who meet the requirements shall receive appropriately less points.
The Contractor shall be obliged to submit a description of the offered device which is subject to the
assessment, together with the relevant parameters and leaflets of producer or catalogues according
to point 6.7. of TOR.
Grading of the tenders shall be conducted in accordance with the formula below:
Points =
Pt
------------- x 100 points x 45%
Ptmax
where:
Points
- score of a given tender for technical parameters
Pt
- number of points given to a tender for technical parameters
Ptmax
- maximum possible number of points for technical parameters
The Contracting Authority shall award the contract to the Contractor that complies with all the
requirements described in this specification and has been assessed as the most advantageous based
on the assessment criteria mentioned above. Points awarded for individual criteria may be added
together. Points shall be rounded off to the second decimal place. The tender which achieves the
highest number of points (P) shall be deemed the most advantageous.
The final number of points (P) of each assessed tender shall be the sum of points awarded for both
criteria: ‘Price’ and ‘Technical parameters’ acc. to the formula:
P = PC + Points
where:
23
P – total score
PC – score for price
Points – score for technical parameters
18. Tender assessment method
18.1. Opening of tenders
18.1.1. Tenders are opened publicly at the registered office of the Contracting Authority on
02/02/2015; Hour 10:00
18.1.2. Tenders may not be made public before the opening day of the tenders.
18.1.3. Directly prior to the opening of the tenders, the Contracting Authority shall state the amount
they intend to allocate to finance the contract.
18.1.4. During the opening of the tenders, the names (company names) and addresses of
Contractors shall be given as well as information included in the tenders concerning the
price and time limit for the completion of the contract.
18.1.5. Information described in point 18.1.3 and 18.1.4 shall be immediately forwarded to the
Contractors who were not present during the opening of the tenders, upon their request.
18.2. Tender explanation
18.2.1. In the course of tender assessment, the Contracting Authority may request the Contractors
to provide an explanation of the content of the submitted tenders. Any negotiations
conducted in relation to the submitted tenders between the Contracting Authority and the
Contractors shall be prohibited.
18.2.2. The Contracting Authority shall not introduce any changes to the content of the submitted
tenders, with the exception of these described in chapter 18.3 of these TOR.
18.3. Revisions of tenders
18.3.1. The Contracting Authority shall correct the following elements of the tender:
a) obvious clerical errors,
b) obvious arithmetic errors, including arithmetic consequences of introduced
corrections,
c) other errors stemming from the lack of compliance between the tender and these TOR
which do not result in significant changes in the content of the tender.
18.3.2. The Contracting Authority shall immediately notify the Contractor whose tender was
corrected about these corrections, as defined in point 18.3.1.
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19.
REJECTION OF A TENDER
The Contracting Authority shall reject a tender if:
1) it does not comply with the Act;
2) its content does not comply with the content of TOR, with the provision of point 18.3.1.
subpoint c of TOR;
3) its submission is an act of unfair competition within the meaning of the provisions
concerning combating of unfair competition,
4) it contains an abnormally low price in relation to the subject matter of the order;
5) has been submitted by an economic operator excluded from the award procedure;
6) contains computational errors in the calculation of prices;
7) within 3 days from, the submission of notification, the Contractor did not agree to the
correction of an error, referred to in point 18.3.1. subpoint c of TOR;
8) is not valid under separate provisions.
20. ABNORMALLY LOW PRICE
20.1. If a tender price is abnormally low in relation to the subject-matter of the contract and raises
the employer’s doubts as to the feasibility of performing the subject-matter of the contract in
accordance with the requirements specified by the employer or resulting from separate regulations,
in particular if it is lower by 30% than the contract value or the arithmetic average of the prices of all
submitted tenders, the employer shall request explanations, including the submission of evidence
regarding the tender elements having an impact on the price amount, in particular in the following
scope:
1) economy of the method of contract performance, technical solutions chosen, exceptionally
favourable conditions for performance of contract available to the contractor, originality of the
contractor’s design, labour costs, whose value used for determining the price shall not be lower than
the minimum wage established under Art. 2 items 3-5 of the Act of 10 October 2002 on the
minimum wage (Journal of Laws No. 200, item 1679, No. 240/2004, item 2407 and No. 157/2005,
item 1314);
2) public aid granted under separate provisions.
20.2. An obligation to evidence that the tender does not comprise an abnormally low price is
placed on the contractor.
20.3. The employer shall reject a tender submitted by a contractor who fails to provide
explanations or if the evaluation of explanations including the submitted evidence confirms that the
tender comprises an abnormally low price in relation to the subject-matter of the contract.
25
21. SELECTION OF THE MOST ADVANTAGEOUS TENDER
21.1.
21.2.
21.3.
21.4.
The Contracting Authority shall select the most advantageous tender on the basis of
assessment criteria specified in point 17 of these TOR.
If it is impossible to select the most favourable tender due to the fact that two or more
tenders have the same price and technical parameters, the Contracting Authority shall
request the Contractors who had submitted these tenders to submit supplementary tenders
within a time period specified by the Contracting Authority.
When making supplementary tenders, the Contractors may not offer prices which are higher
than those specified in the tenders.
The Contracting Authority shall not hold an electronic auction in this tender procedure.
22. NOTIFICATIONS ABOUT THE SELECTION MADE
22.1. When the most advantageous tender has been selected, the Contracting Authority shall
immediately inform all Contractors who competed for the order about:
1) the selection of the best tender, stating the name (company name) or name and surname,
seat or place of residence and address of the Contractor, whose tender was selected,
justification for its selection, as well as names (company names) or names and surnames,
seats or places of residence and addresses of the economic operators who submitted their
tenders, as well as the scoring of tenders in every tender evaluation criterion and the total
score.
2) the Contractors whose tenders were rejected stating factual and legal grounds,
3) the Contractors who were excluded from the contract award procedure stating factual and
legal grounds,
4) the time limit, set in accordance with Article 94(1) or (2) of the Act, after which the public
contract can be concluded.
22.2. Immediately upon the selection of the most advantageous tender, information about the
selection – as described in point 22.1, shall be published on the Contracting Authority’s bulletin
board and website.
23. CANCELLATION OF A CONTRACT AWARD PROCEDURE
The Contracting Authority shall cancel the contract award procedure in the event of circumstances
referred to in art. 93(1) of the Act.
26
FORMAL REQUIREMENTS TO BE FULFILLED UPON SELECTION OF A TENDER IN
ORDER TO SIGN THE PUBLIC PROCUREMENT CONTRACT
23.1. The Contracting Authority executes the agreement on public contract, subject to Article 183
of the Act, within the following time limit: not less than 10 days from the day on which the
information on the selection of the most advantageous tender was dispatched, if the
information was provided in the form as referred to in art. 27 (2) of the Act or 15 days if the
information was provided in a different form.
23.2. The Contracting Authority shall conclude a public procurement contract prior to the expiry of
the time limits, referred to in point 23.1, if under open tendering only one tender was
submitted.
23.3. If the Contractor whose tender was selected will be reluctant to conclude the agreement on
public procurement or will not pay the required performance bond, the Contracting
Authority may select the most advantageous tender from other tenders without the need to
carry out another examination and assessment, provided that there are no grounds for
declaring the procedure void referred to in Article 93 (1) of the Act.
23.4. Immediately on the conclusion of the public procurement contract, the Contracting
Authority shall submit a notification on the award of the contract to the Public Procurement
Office.
23.5. Contractors competing for a public contract jointly who submitted the most advantageous
tender, prior to the conclusion of the agreement may be requested to supply the Contracting
Authority with an appropriate agreement relating to their cooperation.
24. LEGAL PROTECTION MEASURES
24.1. Contractors and other entities whose legal interest in being awarded the contract has been
or may be jeopardized due to a breach of the provisions of Public Procurement Law by the
Contracting Authority are entitled to legal protection measures.
24.2. Organizations entered in the list referred to in art. 154(5) of Public Procurement Law are also
entitled to legal protection measures with regard to the call for tenders and the TOR.
24.3. An appeal shall lie exclusively against an action which a Contracting Authority has taken
during the tendering procedure and which resulted in a breach of the provisions of the Act or
against the fact that the Contracting Authority did not take an action which he was obliged to
take in line with the provisions of the Act.
24.4. An appeal should indicate the Client’s action or the lack of action which is allegedly in breach
of the provisions of the Act, contain concise description of the charges, establish a demand and
state the matters of fact and law which justify lodging the appeal.
24.5. An appeal shall be lodged before the President of the National Appeal Chamber in writing or
as an electronic document with a secure electronic signature verified on the basis of a valid,
qualified certificate.
27
24.6. The appellant shall send a copy of the appeal to the Contracting Authority before the expiry
of the deadline for submitting an appeal, so as to allow him to acquaint himself with its content
before the expiry of this deadline.
24.7. An appeal with regard to this procedure shall be lodged within 10 days from the date of
sending an information about the Contracting Authority’s action which constituted the basis for
lodging an appeal – if it was sent using means specified in art. 27(2) of the Act or within 15 days
– if it was sent using other means.
24.8. An appeal against the contents of the contract notice and against the provisions of these
TOR shall be lodged within 10 days from the date of publishing the notice in the Official Journal
of the European Union or from the date of publishing these TOR on the website.
24.9. An appeal against actions other than those specified in point 24.7 and 24.8 shall be lodged
within 10 days from the date on which information about occurrence of circumstances
constituting the basis for lodging such an appeal were, or with reasonable diligence could have
been, obtained.
24.10. Parties and participants of the procedure may file a complaint before the court against the
judgement of the National Appeal Chamber.
24.11. Such an action shall be filed before the regional court of the registered seat or domicile of
the Contracting Authority.
24.12. A complaint shall be filed via the President of the National Appeal Chamber within 7 days
from the date of reception of the judgement of the National Appeal Chamber, and a copy of the
complaint shall be sent to the party against which the complaint is lodged. The submission of
the complaint at a post office of a public operator shall be equivalent to its lodging.
25. PROVISIONS OF ESSENCE TO THE PARTIES WHICH WILL BE INTRODUCED INTO THE CONCLUDED
PUBLIC PROCUREMENT CONTRACT, GENERAL TERMS OF THE CONTRACT OR A MODEL
CONTRACT, IF THE CONTRACTING AUTHORITY REQUIRES THE CONTRACTOR TO CONCLUDE A
PUBLIC PROCUREMENT CONTRACT WITH THEM ON THESE TERMS
25.1. Significant provisions of the contract are provided in an agreement template which constitutes
an annex to these TOR.
25.2. Submission of the tender shall be equal to full acceptance of the significant provisions of the
contract issued by the Contractor.
25.3. The Contracting Authority shall not conclude a framework contract.
28
26. LIST OF FORMS, ANNEXES
Annex No. 1
Annex No. 2
Annex No. 3
Annex No. 4
Annex No. 5
Annex No. 6
–
–
–
–
–
Annex No. 7 -
Title page
Offer proposal form
Declaration of fulfilment of conditions for participation in the proceedings
Declaration of lack of grounds for exclusion from the proceedings
Subcontracting
Declaration of the Contractors applying jointly for the public procurement
contract
Declaration regarding membership in a capital group
29
Annex No. 1
TENDER TITLE PAGE
Manufacturer designation – name
NIP ( Tax Identification Number )
Address (street, town, poviat, voivodeship)
Regon ( National Business Registry Number )
Full name of the person in charge of the case
and telephone number:
Share capital (if applies)
Full name: ............................................
Number of contact fax number, available 24h a
day, to which the Contracting Authority will send
appropriate documents relating to the procedure in
question:
Telephone number:
...................................................
Fax number:
..........................................................................
Bank account number to which the tender deposit
must be returned (if required and if the deposit
was paid in cash):
Contact by Internet (website, e-mail)
Contact e-mail of the person in charge of the
case:
..........................................................................................
(signature of person authorised to sign the tender)
30
Annex No. 2
...............................................
(company stamp of the manufacturer)
OFFER PROPOSAL FORM
TENDER FOR THE PERFORMANCE OF THE ORDER
Ceramika Tubądzin II sp. z o.o.
Ul. Armii Krajowej 20
95-035 Ozorków
I.
This tender is submitted by:
Item
II.
Name and address of the Contractor (Contractors submitting a joint tender)*
Plenipotentiary of the Contractor and an authorised contact person
Full name
Address
Telephone
Fax.
31
III. Declaration of the Contractor:
In response to the open invitation to tender in the public procurement procedure specified above: We, the
undersigned hereby declare as follows:
1. We have become acquainted and we accept in whole and with no reservations the content of these Terms
of Reference, hereinafter referred to as TOR, together with explanations and amendments.
2. We accept in whole and with no reservations the conditions of the contract for the performance of the
order described in TOR.
3. We have become acquainted with the local implementation conditions and we have obtained all
information necessary for the correct preparation of this tender.
4. We offer the performance of the subject of the order in accordance with the conditions specified in TOR
and current provisions by ………………………………...
5. We offer the performance of the subject of the order for the gross tender price (fixed-fee remuneration)
of: EUR …….…………….................... (in words:
…………………………………………………………………………………………………), inclusive of VAT at …….%.
6. We consider ourselves to be bound with this tender for the entire period of time specified in TOR, i.e. for
60 days from the end of the tender submission period.
7. Tender deposit of EUR ………………………………… has been made ................................... in the form of
..............................................................................
8. In the event of our withdrawal from the conclusion of the contract we shall not lodge claims to the tender
deposit made.
9. If our tender is selected, we shall pay the necessary performance bond and we shall sign the contract in
accordance with the conditions specified in TOR.
10.
We are submitting this tender on our behalf* / as Contractors jointly applying for the procurement
contract*. In addition, we declare that we shall be jointly liable for the performance of this order*.
11.
The Contractor appoints Mr/Ms ……………...................................………….. as the person responsible for
contact with the Investor in relation to the implementation of the contract.
12.
The representative of the Contractor in regard to contact on the daily basis shall be the Manager of
the Design Team, Mr/Ms ……………………..
..................................... on .............. 2015
..........................................................................................
(signature of the person authorised to sign the tender)
*delete as appropriate
32
Annex No. 3
...............................................
(Contractor’s company stamp)
DECLARATION
By submitting this tender in a public procurement procedure for:
Supply, installation and commissioning of a digital printer for big-size wall tiles
Pursuant to art. 22 par. 1 of the Public Procurement Law from 29 January 2004 (Journal of Laws from 2013,
item 907, as amended) I hereby declare on behalf of the Contractor that the Contractor:
1.
possesses the official authorization to perform specific activities or actions if such authorization is required
by the law.
2.
possesses necessary knowledge and experience
.....................................................................
Yes/No
1
encloses with the tender the written commitment of other
entities to provide the Contractor with the necessary knowledge ....................................................................
2
Yes/No
and experience
3.
possesses the necessary technical capacity and staff capable of .....................................................................
3
performing the order
Yes/No
entities to provide the Contractor with the necessary technical ....................................................................
4
Yes/No
capacity and staff capable of performing the order
4.
possesses the required financial and economic ability
5
.....................................................................
Yes/No
entities to provide the Contractor with the necessary financial and ....................................................................
6
Yes/No
economic ability
..................................... on .............. 2015
...............................................................................
Important: for tenders submitted jointly by Contractors competing jointly for the award of the contract, this
declaration must be submitted on behalf of all the Contractors.
1
Enter ‘Yes’ or ‘No’.
2
Enter ‘Yes’ or ‘No’ and enclose a suitable declaration with the tender.
3
Enter ‘Yes’ or ‘No’ .
4
5
Enter ‘Yes’ or ‘No’.
6
Annex No. 4
...............................................
DECLARATION
I hereby declare there are no grounds for my exclusion from the proceedings under Article 24.1 and
24.2 of the Public Procurement Law of 29 January 2004 (Journal of Laws from 2013, item 907, as
amended), which excludes:
1) Contractors against whom the winding up procedure has been started or whose bankruptcy has
been declared, except for Contractors who, upon bankruptcy declaration, entered into a
composition approved by a valid court decision, unless such a composition provides for payment
to the creditors by a liquidation of the assets of the bankrupt entity;
2) Contractors who are in arrears with payment of taxes, charges or social insurance or health
insurance premiums, with the exception of cases where they have been legally exempt, their
outstanding payments have been deferred or divided into instalments or the execution of a
decision of a competent authority has been stopped in its entirety;
3) natural persons who have been validly sentenced for an offence committed in connection with a
contract award procedure, offence against the rights of people performing paid work, offence
against the environment, for bribery, for an offence against economic turnover or for any other
offence committed with the aim of gaining financial profit, as well as for a treasury offence or an
offence of participation in an organized crime group or in a union aimed at committing an
offence or treasury offence;
4) registered partnerships whose partner has been validly sentenced for an offence committed in
connection with a contract award procedure, offence against the rights of people performing
paid work, offence against the environment, for bribery, for an offence against economic
turnover or for any other offence committed with the aim of gaining financial profits, as well as
for a treasury offence or an offence of participation in an organized crime group or in a union
aimed at committing an offence or treasury offence;
5) professional partnerships whose partner or member of the management board has been validly
sentenced for an offence committed in connection with a contract award procedure, offence
against the rights of people performing paid work, offence against the environment, for bribery,
for an offence against economic turnover or for any other offence committed with the aim of
gaining financial profits, as well as for a treasury offence or an offence of participation in an
organized crime group or in a union aimed at committing an offence or treasury offence;
6) limited partnerships and limited joint-stock partnerships whose general partner has been validly
sentenced for an offence committed in connection with a contract award procedure, offence
against the rights of people performing paid work, offence against the environment, for bribery,
for an offence against economic turnover or for any other offence committed with the aim of
gaining financial profits, as well as for a treasury offence or an offence of participation in an
organized crime group or in a union aimed at committing an offence or treasury offence;
7) legal persons whose active member of the managing body has been validly sentenced for an
offence committed in connection with a contract award procedure, offence against the rights of
people performing paid work, offence against the environment, for bribery, for an offence
against economic turnover or for any other offence committed with the aim of gaining financial
profits, as well as for a treasury offence or an offence of participation in an organized crime
group or in a union aimed at committing an offence or treasury offence;
8) collective entities with respect to whom a court has issued a decision prohibiting them from
competing for contracts under the provisions concerning the liability of collective entities for
tort under the liability to penalty;
9) Contractors being natural persons who have been validly sentenced for an offense referred to in
art. 9 or art. 10 of the Act of 15 June 2012 on the effects of delegating work to foreigners
unlawfully residing on the territory of the Republic of Poland (Journal of Laws, item. 769) - for a
period of 1 year from the effective date of judgment;
10) Contractors being registered partnership, professional partnership, limited partnership, limited
joint-stock partnership
or legal person, whose shareholder, partner, active member of the
managing body has been validly sentenced for an offense referred to in art. 9 or art. 10 of the
Act of 15 June 2012 on the effects of delegating work to foreigners unlawfully residing on the
territory of the Republic of Poland (Journal of Laws, item. 769) - for a period of 1 year from the
effective date of judgment.
..................................... on .............. 2015
..........................................................................................
Important: For Contractors applying jointly for the award of the contract, this declaration
must be submitted by each Contractor independently.
Annex No. 5
...............................................
SUBCONTRACTING
Relating to the invitation to tender in a public procurement procedure for:
I /we* the undersigned /and* ....................................................................................................
..................................................................................................................................................
representing the Contractor/Contractors *........................................................................
hereby declare that I/we*, will perform the order:
with the participation of subcontractors in the scope of the parts of the order described below:
Item
1
Part of the order that will be entrusted by the
Contractor to Subcontractors
2
*delete as appropriate.
..................................... on .............. 2015
...............................................................................
Annex No. 6
...............................................
DECLARATION OF THE CONTRACTORS APPLYING JOINTLY FOR THE PUBLIC PROCUREMENT
CONTRACT
we, the undersigned .............................................................................................................
representing the Contractors: ...........................................................................................
applying jointly for the public procurement contract, hereby declare that in the event of being
awarded the public contract which is the subject of this tender procedure, we shall conduct a
collaboration agreement in order to perform this order.
We shall remain bound by this agreement for a period of time necessary to perform this order,
however, not shorter than the period of time specified in the agreement concluded with the
Contracting Authority, including the statutory warranty period for any defects. We shall be jointly
liable for the performance of the order in accordance with the conditions of the agreement
concluded with the Contracting Authority.
We hereby jointly appoint this person as out Plenipotentiary:
..................................................................................................................................................,
who is authorised to represent the above companies collectively and individually:
1) in the tender procedure for the award of a public contract,
This mandate includes the right to perform any activities in the tender procedure for the award of a
public contract, and in particular to:
- sign and submit the tender with its annexes on behalf of a Contractor*,
-
submit declarations during the tender procedure, perform activities compliant with legal
provisions and submit other declarations in relation to this procedure, including certification of
document copies as true copies*,
-
provide explanations relating to the content of the tenders and other documents submitted in
the procedure*,
-
conduct correspondence during the tender procedure*,
-
............................................................................................................................................................
....................................(specify the scope of any additional authorisations)*.
2) conclude an agreement for the performance of the public contract*.
Company name
Full name of the person
authorised to grant the power of
attorney
Date
Signature of person
authorised to grant
the power of attorney
*delete as appropriate.
..................................... on .............. 2015.
...............................................................................
Important:
This power of attorney must be signed by all the Contractors applying jointly for the public contract,
including the Contractor – plenipotentiary. Signatures must be provided by persons authorised to
provide declarations of will on behalf of the Contractors.
Annex No. 7
...............................................
List/ Information regarding Membership in a Capital Group
By submitting this tender on …………………….. in a public procurement procedure for:
I /we* the undersigned /and*....................................................................................................
..................................................................................................................................................
representing the Contractor/Contractors *........................................................................
Pursuant to art. 26 (2d) of the Public Procurement Law (Journal of Laws from 2013, item 907, as amended), I
hereby submit:

The list of entities belonging to the same capital group which is described in art. 24 par. 2 point 5
1
of the Public Procurement Law
Item
Name of Contractor
Address of the Contractor
1
2
3
4
5
6

1
I hereby declare that I do not / we do not belong to a capital group¹.
………………
……………………………………..
Town / Date
Signatures of persons authorised to sign this tender on behalf of the
Contractors
Tick appropriate box.
VOLUME II
DESCRIPTION OF THE ORDER SUBJECT
CERAMIC DIGITAL PRINTER FOR BIG-SIZE WALL TILES
Ceramic digital printer for decorating big-size wall tiles using safe disperse inks.
Printer should have following technical parameters:
Quantity of printing bars / printing sections: not less than 8
Minimum printing width: not less than 445 mm
Speed of transport belt: not less than 26 m/min
Size of drop of applied ink: from at most 12 pl to at least 60 pl
Transversal resolution: at least 330 dpi
Longitudinal resolution: higher than 360 dpi
Thickness of decorated tiles: from 7 mm to at least 16 mm
Possibility of work with gray scale
VOLUME III
AGREEMENT FORM
Investment implemented within the framework of project “ DEVELOPMENT OF INDUSTRIAL DESIGN
IN THE RANGE OF CERAMIC TILES AND DECORATIONS BASED ON THE SCIENTIFIC RESEARCH “ realized
from Regional Operational Programme for the Lodzkie Voivodship for the years 2007-2013, Priority
axis III: Economy, Innovativeness, Entrepreneurship , III.1 Support of R&D Units
CONTRACT No. PL-005266429/…
Dated …./…./….
CERAMIKA TUBADZIN II Sp. z o.o. (Ltd.),
ul. Armii Krajowej 20, 95-035 Ozorków – Poland, hereinafter referred to as the
BUYER on the one part, and
( NAME OF THE SELLER ) having its social address at ( address of Seller ),
hereinafter referred to as the SELLER on the other part have concluded the present
Contract on the terms and conditions as stated below.
1. SUBJECT OF THE CONTRACT
( NAME OF THE MACHINE COVERED BY THE CONTRACT )
Detailed description of the above mentioned machine/s/ per Appendix No 1 to the
Contract.
2. PRICES AND TOTAL VALUE OF THE CONTRACT
2.1
The total value of the Contract amounts to: …… EUR
IN FULL: …… EURO
The above prices are deemed Ex Works (EXW) ……, conforming to Incoterms
2010, all charges and packing included. The price includes loading on Buyer’s
truck.
3. TIME AND TERMS OF DELIVERY
3.1 Time of delivery of the goods: within …/…/…,
3.2 It is understood that goods shall be delivered Ex Works (EXW) …….
3.3 Time of delivery of the technical documentation as specified in Appendix No.4
to the Contract.
3.4 The date of delivery of documentation is understood to be the date of air
registered post or DHL or other courier services.
3.5 Installation of the machine/s/, tests of capacity as well as the final take-over
shall be finished
according to the requirements of the Buyer, but not later than on …/…/….
4. TIME AND TERMS OF PAYMENT
All payments shall be made in EUR
10% of the total contract value, i.e. …… EUR, shall be paid by the BUYER to the
SELLER as down payment by bank transfer after receiving by the BUYER a Letter of
Guarantee issued by a first class bank, according to text stipulated in a draft of Letter
of Guarantee whose text is in Appendix No 2 to the contract. The down payment will
be transferred not later than on …/…/…, provided the a/m Letter of Guarantee is
submitted to the Buyer until …/…/….
70% of the total contract value shall be paid within 14 days after shipment on the
basis of:
a) Commercial Invoice ( 1 original ) showing:
- total contractual value of goods being shipped reduced by amount paid
outside the Letter of Credit as a down payment
- amount prepaid as a down payment,
- amount of 70% of the total contractual value of goods shipped which shall be paid
within 14 days after shipment,
- amount of 20% of the total contractual value of goods shipped which shall be paid
within 30 days after signature of Commissioning Certificate
Payment of 20% of the total contract value shall be made within 30 days after
signature of Commissioning Certificate stating that:
- Machine was commissioned
- Buyer received Bank Guarantee for Good Performance according to the Contract
and against a “Bank Guarantee for Good Performance” with validity of 24 months
from the date of signature of commissioning certificate.
Costs of Seller’s Bank including costs of establishing of guarantees are at Seller’s
charge.
5. TRANSPORT - PACKING - MARKING
5.1
Transport will be arranged according to forwarding instructions from Buyer,
Buyer’s forwarder or from its Agent.
5.2
Loading marks:
POLAND
CERAMIKA TUBĄDZIN II - OZORKÓW
CONTRACT No. PL-005266429/…
Case / Item no. 1,2,3 etc.
5.3
As soon as the goods are ready for dispatch, Buyer’s forwarder and the
BUYER should be informed thereof by cable/fax.
At the latest this information should be submitted 1 working day prior to the
date of shipment.
It should include following data:
- number of the Contract
- short description of the machine/s/
- value of the shipment
- net and gross weight of the consignment
- number and dimension of each case / item
5.4 All goods are to be dispatched suitably packed for truck, protected and ready
assembled
as far as it is possible with regard with packing and marking.
5.4.1 The machines shall be dispatched in units enabling transport by normal means.
5.4.2 The technical documentation shall be forwarded in weather proof and transport
resistant packing.
6. INSURANCE
6.1 The BUYER shall effect insurance from time when machine/s/ is loaded on
truck in SELLER’S works.
Insurance up to that place will be responsibility of the SELLER.
7. GUARANTEE
The SELLER guarantee:
7.1 High quality of the materials used in the manufacture of the machinery and
equipment, the first class workmanship and high quality of assembly.
7.2 That the supplied machinery and equipment are manufactured in full conformity
with the conditions of the present Contract.
7.3 That the machinery and equipment are new complete as required by the terms
of the Contract.
7.4 That the supplied machinery and equipment are strictly according to the needs
of the Buyer.
7.5 The faultless operation of the machines for period of 24 months from the date of
the commissioning certificate, for 3 /three/ work shifts a day, 8 /eight / hours
each, but not longer than 30 / thirty / months from the date of delivery of the last
significant item.
The following consumables are excluded of this warranty:
sponges, filters, supports for sponges, pipe for peristaltic pump
7.6 The completeness of delivery in the frame of the Contract.
7.7 The completeness and accuracy of the technical documentation which is to be
delivered.
7.8 The machine/s/ shall satisfy requirements relating to European standards.
7.9 Should any part of the machine/s/, ancillary equipment or spares supplied under
the Contract prove defective in whole or in part due to the faulty material,
workmanship or design within 24/ twenty four / months from the date of the final
acceptance tests of the machine/s/ or within 30 / thirty / months from the
delivery date of the last significant item, whichever is the shortest, the SELLER
undertake at their own option to replace or to repair the faulty pieces in the
shortest possible time, but in any case not later than 10 days from the Buyer’s
notification.
Should any printing head supplied under the Contract prove defective in whole
or in part due to the faulty material, workmanship or design within 12 ( twelve )
months, from the commissioning certificate signature, the Seller undertake at
their own option to replace or to repair the faulty head in the shortest possible
time, but in any case not later than 10 days from the Buyer’s notification
Printing heads purchased from Seller after the guarantee period for the machine
is over will also be covered by 12 months guarantee.
7.10 During the guarantee period in the case of a breakdown of the machine/s/ the
SELLER shall provide technical service as soon as possible after BUYER’S fax
or e-mail notification sent to the SELLER.
7.10.1 The SELLER can authorize the BUYER to make necessary repairs according
to the SELLER’s instruction during the warranty period. This authorization will
be in written form - fax/e-mail.
7.10.2 The guarantee period for the machine/s/ being kept out of production because
of any damage or a breakdown for certain period of time shall be consequently
extended by the same time when the machine/s/ is put into operation again.
7.10.3 The guarantee period for components replaced under the terms of the
guarantee will commence from the date of their replacement. Should in the
course of the guarantee period the same part/component require replacement
two times, the SELLER is obliged to carry out at no cost to the BUYER, within
period of one month, such modifications as are required to avoid an
occurrence of such event. The obligation does not apply to the quick wearing
parts.
7.10.4 If during guarantee period the machine/s/ do not meet contractual technical
parameters the SELLER guarantee to provide their technical personnel to
investigate the problem and guarantee to make necessary improvements.
7.11 The SELLER guarantee to deliver on a separate order any technical assistance
as well as spare parts to the contracted machine/s/ within 10 /ten/ years since
the guarantee period is over.
7.12 The buyer commits itself to use a cabin for the digital printer. The SELLER is
obliged to send to the BUYER clear recommendations / drawings in shortest
possible time.
7.13 BUYER is obliged to utilize the machinery according to Instruction Manual.
Damages caused by the use against Instruction Manual will not be covered by
the guarantee. The warranty is only validated when BUYER uses ink and
solvent approved by SELLER
The BUYER cannot modify the machine without permission of SELLER. If this
is detected by SELLER engineers, the warranty will expire immediately for the
elements involved.
Special terms for printing heads warranty: SELLER will provide a 12-month
warranty (from the date of installation) for electric and/or mechanical problems
in the printing heads. Should any printing head supplied under the Contract
prove defective in whole or in part due to the faulty material, workmanship or
design within 12 (twelve) months, from the commissioning certificate signature,
SELLER. shall undertake at their own option to replace or to repair the faulty
head in the shortest possible time, but in any case not later than 10 days from
BUYER’S notification.
8. PENALTIES. RESPONSIBILITY OF THE SELLER FOR DELAY.
8.1 If the SELLER fail to keep the delivery date of the machine/s/, ancillary
equipment, as well as spares fixed in the Contract they will pay penalties at the
rate of 0.4% of the Contract value in areas of every commenced week but
maximum 3 (three) % of the total Contract price. Penalty for first 2 weeks of
delay will not be calculated.
8.2 If the SELLER fail to keep the delivery date of technical documentation as set
for in Appendix n° 4, they shall pay to the Buyer penalty at the rate of 0,1% of
the total contract price for each set of documentation weekly, but at maximum
rate of 0,5% of the total contract value. Penalty for first 2 weeks of delay will not
be calculated.
8.3 Any claim of the Contract value will be paid to the BUYER by means of bank
transfer within 30 /thirty/ days from the date of the Buyer’s Debit Note.
8.4 Each of a/m items is applicable separately.
9. FORCE MAJEURE
9.1 Force majeure shall mean causes or events beyond control of the parties which
cannot be foreseen or foreseeable, which are unavoidable, which occur after
date of effectiveness of the Contract. Force majeure comprises such events as
riots, war mobilisation, civil commotion blockades, embargoes, earthquake,
flood, fire or other natural physical disaster. Strikes shall be considered as force
majeure when called and confirmed by Trade Unions. Difficulties in obtaining
materials and lack of working personnel shall not be considered as force
majeure.
9.2 Events of force majeure exonerate the parties from the fulfillment in time of the
whole Contract or in part when they can be proved to have decisive influence
on the delay on completion of delivery of the contracted goods. The proof of the
effect to obstacles shall be given in certification drawn up by the part
concerned.
9.3 Both parties will notify the occurrence of force majeure within 15 /fifteen/ days
by a registered letter.
9.4 Within a period of one calendar month from the date of receipt of the notification
referred to in the preceding subparagraph, the parties shall meet to agree upon
the action to be taken
to avoid further delay in the performance of the Contract.
10. ARBITRATION
Any dispute arising from the present Contract will be settled in a friendly way.
Otherwise, said disputes will be definitively settled according to the Rules of
Conciliation and Arbitration of the International Chamber of Commerce by a board
composed of three arbitrators appointed according to said Rules.
Arbitration seat will be Geneva/Switzerland.
The Contracting Parties commit themselves to execute voluntarily the sequence of
the arbitration court. The language of arbitration will be English.
11. FINAL PROVISIONS
11.1 If the SELLER refuse to fulfill Contract in entirety, the payments effected must
be restored upon demand of the BUYER, together with the legal interest at the
LIBOR rate.
Any goods which are earlier delivered shall be put for the Seller’s disposal at
the Buyer’s Works.
11.2 Should the delay in delivery of items specified under Clause 1 exceed the
contractual time of delivery by 60 /sixty/ days the BUYER is entitled, without
giving previous notice and without being obliged to fix or agree any further dates
for delivery, to withdraw from fulfillment of the Contract entirely or partly without
forfeiting their claim to penalty.
11.3 The BUYER is entitled to inspect, before the shipment, the manufacture and
quality of the contracted machine/s/ by their representatives or agents at the
Seller’s works at Buyer’s expenses.
11.4 The SELLER shall indemnify, protect and safe harmless the BUYER from and
against all claims, damages, expenses, legal action or other proceeding
growing out of or resulting from the infringement of any patent or other industrial
property rights in connection with the machine/s/ delivered.
The BUYER shall notify the SELLER immediately after any claim is raised.
11.5 The SELLER is not entitled, except with the BUYER consent, to transfer the
fulfillment of this Contract to a third party.
11.6 Any amendment and addendum to this Contract shall be valid when approved
and signed by both the parties.
11.7 The liabilities of the BUYER and the SELLER are limited to those expressly
stipulated in this Contract.
11.8 All messages at displays will be both in English and Polish language; all
warnings at the machines will be in Polish language.
11.9. The SELLER will deliver all instruction manuals in Polish language
( directive 2006/42/CE ).
11.10 Contract is signed in English version and Polish version. In case of disputes
that may arise as a result of, or in connection with the present Contract the
English version of contract is valid.
12. COMING OF THE CONTRACT INTO FORCE
The contract comes into force when it is signed.
13. THE FOLLOWING APPENDICES ARE INTEGRAL PART OF THIS
CONTRACT:
Appendix No 1 - Volume of Supply
Appendix No 2 - Letters of Guarantee for the down payment and for good
performance
Appendix No 3 - General Technical Conditions
Appendix No 4 - Technical Documentation
Appendix No 5 – Commissioning Certificate
FOR THE BUYER
FOR THE SELLER
APPENDIX NO. 1 TO THE CONTRACT PL-005266429/…
TECHNICAL FEATURES OF DIGITAL PRINTER
GENERAL SALES CONDITIONS
INCLUSIONS:
- Machine assembly, start-up and commissioning.
- Installation lay-out, the electrical and pneumatic connections, and consumption of
the utilization points
- Manuals according to SELLER’S. standards – in Polish and English language
- List of recommended spare parts, prepared at the end of the planning step
- Cost of technician’s travel to and from Poland shall be covered by the Seller
- Packing expenses
- Technical assistance for the assembling, start up and commissioning of machine
EXCLUSIONS
- Local travel expenses for the technicians in Poland
- Pocket money: €uro 21,00/day (directly paid to technicians – equivalent in Polish
zlotys).
- Lodging, food and breakfast expenses
- Materials and labour relevant to possible modifications or interventions on existing
machines or systems.
- Connections to the electric and distribution boards.
- Connections to the pneumatic network.
THE PURCHASER SHALL MAKE THE FOLLOWING ITEMS AVAILABLE:
-
Suitable lifting means and relevant auxiliary staff.
-
Continuous presence of the technicians working on the plant.
-
Supply power, compressed air, wear materials
APPENDIX NO. 2 TO THE CONTRACT NO. PL-005266429/…
DOWN PAYMENT LETTER OF GUARANTEE:
We have been informed that Messrs ( Name and address of the SELLER ) have
concluded with
CERAMIKA TUBĄDZIN II SP. Z O.O, Armii Krajowej 20, 95-035 Ozorków, Poland
a Contract No. PL-005266429/… dated …/…/… for delivery to
CERAMIKA TUBĄDZIN II SP. Z O.O.
( NAME OF THE MACHINE COVERED BY THE CONTRACT )
to the total value of …… EUR on EXW …… basis.
According to the Contract terms the delivery is to be effected within …/…/….
In this connection we, the undersigned ( Name and address of SELLER’S bank ),
hereby guarantee irrevocably and unconditionally to refund in favour of
CERAMIKA TUBĄDZIN II SP. Z O.O. on their first demand, notwithstanding any
contestation by ( name and address of the SELLER ) the advanced amount of ……
EUR /say : …… EUR/, in case of non-delivery of the ordered goods till …/…/… at
the latest.
For the purpose of identification, your demand for payment should be presented by
SWIFT, or by letter through the intermediary of your Bank certifying that the
signatures thereon are legally binding upon your Company.
This guarantee becomes valid after receipt by us of the down payment.
The value of this guarantee shall be automatically and proportionately reduced upon
each shipment executed by the Seller and shall automatically expire (without it
thereby becoming necessary to return this document), when all the shipments
provided for in this Contract have been executed.
This guarantee must be returned to us ( if delivered in original ) within and not later
than 40 days as from the date of the last main goods shipment provided for in this
Contract, being stated that, on the contrary, its value will be automatically reduced to
EUR 1.
TEXT OF BANK GUARANTEE FOR GOOD PERFORMANCE
We understand that You, Ceramika Tubądzin II sp. z o.o. , Armii Krajowej 20 , 95-035
Ozorków , Poland - as purchaser have entered into Contract No.PL-005266429/…,
dated …/…/… with ( name and address of the Seller ), to the value of …… EUR.
According to the terms of the Contract a Bank's Letter of Guarantee is to be issued
for 20% of the total value of the Contract on behalf of the Seller in favour of the
Purchaser, securing
the Supplier's (Seller's) performance obligations in accordance with the Contract.
Therefore, we ( name and address of the SELLLER’S Bank ), at the request of the
Buyer, on behalf of the Seller, hereby irrevocably and unconditionally undertake the
obligation as Guarantor to pay you, at your first demand any amount not exceeding
the sum of …… EUR.
This guarantee shall enter into force and be valid at the moment of payment by the
BUYER to ( Name and address of the Seller ) of the sum due according to the
Contract after the signature of Commissioning Certificate.
For the purpose of identification, your demand for payment should be presented by
SWIFT, or by letter through the intermediary of your Bank, certifying that the
signatures thereon are legally binding upon your Company.
This guarantee is to be considered automatically settled in every respect, without
obligation to return the present document, 24 months after the signature of the
commissioning certificate.
This guarantee must be returned to us within and not later than 40 days as from the
date of expiration, as provided for in the previous paragraph, being stated that, on the
contrary, its value will be automatically reduced to EUR 1.
APPENDIX NO. 3 TO THE CONTRACT NO. PL-005266429/…
GENERAL TECHNICAL CONDITIONS
1. BASIC CONDITIONS
1.1. Design of the machines will be according to the European standards.
1.2. The Buyer reserves the right to introduce some alternations to the technical
requirements concerning the machine(s) and ancillary equipment. At any time it
has to be mutually agreed in writing. In such case, the delivery time may be
changed.
2. TECHNICAL DOCUMENTATION
2.1. Detailed specification of technical documentation and time of delivery is given in
Appendix No. 4.
2.2. If necessary the Seller and the Buyer agree to hold consultation on the technical
documentation in mutually agreed time. The consultations will be organized if
necessary at the Buyer or at the Seller Works.
3. GENERAL CONDITIONS FOR SUPERVISION OF ASSEMMBLY, START-UP
AND FINAL ACCEPTANCE TEST
3.1 The Seller shall provide specialists for technical assistance.
Cost of total period of technical assistance to be provided by the SELLER is included
in the total value of the Contract.
The Buyer shall pay directly to the SELLER’S technician as pocket money equivalent
in PLN of 21 EUR/day.
The Buyer will provide board and lodging in suitable and comfortable place.
Costs of transport of SELLER’S specialist will be covered by the SELLER.
3.2 The SELLER will send to the BUYER its specialist(s) to supervise the assembly,
start-up and final acceptance tests of the machine/s/ within 14 days after
BUYER notification.
3.3 The exact day of starting the installation of the machine/s/ shall be advised to
the SELLER at least 7 working days in advance.
3.4 The specialists of the SELLER are obliged to submit to the BUYER weekly
reports and time sheets confirmed by the BUYER factory informing about work
being done.
3.5 Holidays are only considered those days which are officially stated by the Polish
Government Authorities.
3.6 When the installation work is finished and the final acceptance test protocol is
signed then the specialists of the SELLER may leave the BUYER’S factory.
3.7 The SELLER has the right to replace any specialist, but transport cost is to his
account.
3.8 If the specialist is not being able to work due to illness for more than 7 days, the
SELLER will, at his own expenses, replace the specialist.
3.9 In case of illness or death of the SELLER’S specialist, the SELLER will pay all
attendant expenses.
3.10 If the period of technical assistance is extended due to the fault of the SELLER,
the SELLER will pay for its specialists.
3.11 NO LOAD TESTS - START-UP - TRIAL RUNS
No load tests, start up and trial runs will be done according to the requests of and in
time fixed by the BUYER.
3.11.1 In case of partial acceptance tests, the general acceptance of the
technological facility will be based on the results of all the partial acceptance
tests protocols being integral parts of the final acceptance protocol.
3.11.2 In case when the test shows positive results, the guarantee period will start
from the commissioning certificate date.
3.11.3 In case of 3 following negative tests the BUYER have the right to put the
machine to the Seller disposal at the Buyer Works or to negotiate the
reduction of price of the machine. Seller may appoint the 3rd test not later than
30 days after 1st test.
4. GUARANTEE PERIOD
4.1 In case of any breakdown of the machinery and the equipment appeared due to
SELLER’S fault during the guarantee period, SELLER will send within 2 days (
3 days in weekend ) from the date of BUYER’S notification the specialists to the
BUYER’S Works to repair the defects. Costs of board and accommodation will
be covered by BUYER
4.2 The SELLER is obliged to remove or to exchange parts being defected due to
the fault of the SELLER in the shortest possible time, but in any case within 10
days from the date of BUYER’S notification.
4.3 When the guarantee period expires the SELLER will provide technical service
on separate order of the BUYER.
4.4 The bank of the SELLER will submit Bank Performance Guarantee with text
accepted by BUYER'S Bank, for the fulfillment of the Guarantee Conditions.
APPENDIX NO.4 TO THE CONTRACT NO. PL-005266429/…
TECHNICAL DOCUMENTATION
1. Preliminary documentation necessary for site preparation.
1.1. The Seller shall submit all necessary data for site preparation and installation as
soon as possible. This documentation shall contain:
-
dimensional drawings of the machinery,
positioning drawings of motors and control electric boards with relevant
necessary electric power;
positioning drawings of the compressed air feed-in points with relevant
pressures and deliveries (if any).
set of use and maintenance instructions of the machinery included in its supply
1.2. The above documentation shall be delivered to the BUYER in two copies in
English or Polish language according to the SELLER’S choice.
2. Documentation to be approved by the BUYER.
2.1. Prior to starting the assembly of the machine(s) or equipment, the SELLER will
submit to the BUYER the respective drawings for acceptance.
2.1.1. Documentation shall be submitted in three copies directly to the BUYER.
2.2. Detailed provisional list of spares shall be delivered by the SELLER not later
than 2 weeks after the Contract comes into force.
2.3. Specification of requirements for indispensable equipment to carry out
assembly and start-up at the BUYER’S Work will be delivered not later than 5
weeks after the Contract comes into force.
2.4. The BUYER is obliged to accept or to send comments on the documentation
listed in item 1.1 not later than 2 weeks from the date when it is posted or
handed over and confirmed by fax.
3.
Service and maintenance instructions shall be delivered by the SELLER as
follows:
Three folds in English, and three folds in Polish together with the machines.
All available instructions will be delivered earlier.
The Seller will deliver updated versions of the instructions before beginning of
the start-up.
APPENDIX NO.5 TO THE CONTRACT NO. PL-005266429/…
COMMISSIONING CERTIFICATE
We herein declare that digital printer model …… covered by the contract
PL-005266429/… dated …/…/… was commissioned on ……….
We also declare that we received Letter of Performance Guarantee.
Signature

Akademia Sztuk Pięknych im

Transcription

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