TENDER DOSSIER

Project Title:

Increasing networking and upgrading administrative capacity in the management of food and feed safety

Desiree number: 2005/017-462.01.08

Publication reference: 2007-062517, 2007/S 149-185300

×××××××××××××

Tender No. 1

REPUBLIKA SLOVENIJA
MINISTRSTVO ZA ZDRAVJE
Štefanova 5
1000 Ljubljana
SLOVENIJA

SUBJECT: INVITATION TO TENDER NO.1 FOR A PROJECT FINANCED FROM TRANSITION FACILITY

Supply of equipment

Ljubljana, datum30.7.2007

Our ref.: 437-50/2007-1

Dear Mr/Ms

Further to your enquiry regarding the publication of the above-mentioned invitation to tender, please find enclosed the following documents, which constitute the tender dossier:

A.INSTRUCTIONS TO TENDERERS

1Supplies to be provided

2Timetable

3.Participation

4.Origin

5.Type of contract

6.Currency

7.Lots

8.Periodofvalidity

9.Language of offers

10.Submission of tenders

11.Content of tenders

12.Pricing

13.Additional information before the deadline for submission of tenders

14.Clarification meeting / site visit

15.Alteration or withdrawal of tenders

16.Costs of preparing tenders

17.Ownership of tenders

18.Joint venture or consortium

19.Opening of tenders

20.Evaluation of tenders

21.Signature of the contract and performance guarantee

22.Tender guarantee

23.Ethics clauses

24.Cancellation of the tender procedure

B.DRAFT CONTRACT AND SPECIAL CONDITIONS, INCLUDING ANNEXES

DRAFT CONTRACT

SPECIAL CONDITIONS

ANNEX I: GENERAL CONDITIONS

ANNEX II: TECHNICAL SPECIFICATIONS

ANNEX III: MODEL FINANCIAL OFFER

ANNEX IV: TENDER GUARANTEE FORM

ANNEX V: PERFORMANCE GUARANTEE

ANNEX VI: PRE-FINANCING GUARANTEE FORM

C.FURTHER INFORMATION

GLOSSARY

ADMINISTRATIVE COMPLIANCE GRID

EVALUATION GRID

D.TENDER FORM FOR A SUPPLY CONTRACT

ECONOMIC AND FINANCIAL STANDING

EXPERIENCE (references)

FINANCIAL IDENTIFICATION

STATEMENT OF ORIGIN OF SUPPLIES

STATEMENT OF COMPLIANCE WITH

COMMERCIAL WARRANTY

For full information about detailed procurement procedures please consult the Guide on Grants And Public Procurement under pre-accession instruments.

Any request for clarification must be received by the Contracting Authority in writing at least 16days before the deadline for submission of tenders. The Contracting Authority will reply to tenderers' questions at least 6 days before the deadline for submission of tenders. If the Contracting Authority, either on its own initiative or in response to a request from a tenderer, provides additional information on the tender dossier, such information will be available in writing to all tenderers at the same time on internet pages of Ministry of Health.

Costs incurred by the tenderer in preparing and submitting the tender proposals will not be reimbursed.

We look forward to receiving your tender and the accompanying tender guarantee at the address specified in the Instructions to Tenderers before DATUM IN URA ZAKLJUČKA RAZPISA25. 9. 2007 at 11.00 local time as stated in the contract notice. If you decide not to submit a tender, we would be grateful if you could inform us in writing, stating the reasons for your decision.

Yours sincerely,

Andrej Bručan

Minister of Health

A.INSTRUCTIONS TO TENDERERS

PUBLICATION REF.: 2007-062517, 2007/S 149-185300××××××××××××××

In submitting a tender, the tenderer accepts in full and without restriction the special and general conditions governing this contract as the sole basis of this tendering procedure, whatever his own conditions of sale may be, which he hereby waives. Tenderers are expected to examine carefully and comply with all instructions, forms, contract provisions and specifications contained in this tender dossier. Failure to submit a tender containing all the required information and documentation within the deadline specified may lead to the rejection of the tender. No account can be taken of any reservation in the tender as regards the tender dossier; any reservation will result in the immediate rejection of the tender without further evaluation.

A glossary of the terms used here is included in Part C of this tender dossier.

1Supplies to be provided

1.1 The subject of the contract is the delivery, installation and putting into operation by the Contractor of the following goods in one lot:

Item

/

Articles

/

Quantity

1.

/

Automatic vacuum concentrator

/

1

2.

/

Inductively Coupled Plasma-Mass Spectrometer

/

1

3.

/

HPLC Equipment

/

1

4.

/

Autoclave

/

1

5.

/ Refrigerator /

1

6.

/ Deep freezer /

1

7.

/ Automatic Diluter /

1

8.

/ Real-Time PCR Instrument /

1

9.

/ System for homogenisation of samples - Mill /

1

10.

/ Centrifugal vacuum concentrator /

1

11.

/ Centrifuge /

1

12.

/ Upright freezer /

1

Delivery DDP (Delivery Duty Paid) shall be subject to provisional and final acceptance by:

Item / Quantity / Name of person responsible for acceptance / Name and address of the institution / Delivered / installed
1. / 1 / Mija Borštnar / Inštitut za varovanje zdravja Republike Slovenije
Grablovičeva 44, 1000 Ljubljana
Slovenija
Institute of Public Health of the Republic of Slovenia
Grablovičeva 44, 1000 Ljubljana
Slovenia / Delivered, installed and put into operation
2. / 1 / Gabrijela Tavčar Kalcher / Univerza v Ljubljani, Veterinarska fakulteta, Gerbičeva 60, 1000 Ljubljana
Slovenija
University in Ljubljana,
Veterinary Faculty,
Gerbičeva 60, 1000 Ljubljana
Slovenia / Delivered, installed and put into operation
3. / 1 / Brumen Stanko / Zavod za zdravstveno varstvo Maribor
Prvomajska 1, 2000 Maribor
Slovenija
Institute of Public HealthMaribor
Prvomajska 1, 2000 Maribor
Slovenia / Delivered, installed and put into operation
4., 5., 6. / 3 x 1 / Tatjana Rupel / Inštitut za varovanje zdravja Republike Slovenije
Grablovičeva 44, 1000 Ljubljana
Slovenija
Institute of Public Health of the Republic of Slovenia
Grablovičeva 44, 1000 Ljubljana
Slovenia / Delivered, installed and put into operation
7. / 1 / Novak Dušan / Zavod za zdravstveno varstvo Maribor
Prvomajska 1, 2000 Maribor
Slovenija
Institute of Public HealthMaribor
Prvomajska 1, 2000 Maribor
Slovenia / Delivered, installed and put into operation
8., 9., 10.,
11., 12. / 5 x 1 / Aleš Blatnik / Nacionalni inštitut za biologijo
Večna pot 111, 1000 Ljubljana
Slovenija
National Institute of Biology Večna pot 111, 1000 Ljubljana
Slovenia / Delivered, installed and put into operation

1.2 The supplies must comply fully with the Technical Specifications set out in the Tender Dossierand conform in all respects with the drawings, quantities, models, samples, measurements and other instructions.

1.3 Tenderers are not authorised to tender for a variant in addition to the present tender.

2Timetable

DATE / TIME*
Deadline for request for any clarifications from the Contracting Authority / 16 days before deadline11.9.2007 / at določen naknadno16.00 local time
Clarification meeting / site visit (if any) / N.A.
Last date on which clarifications are issued by the Contracting Authority / 6 days before deadline19.9.2007 / at določen naknadno16.00 local time
Deadline for submission of tenders / določen naknadno25.9.2007 / at 11.00 local time določen naknadno
Tender opening session / 25.9.2007določen naknadno / at 12.00 local time določen naknadno
Notification of award to the successful tenderer / Date at most 90 days after deadline for tenders / -
Signature of the contract / Date at most 150 days after deadline for tenders / -

* All times are in the time zone of the country of the Contracting Authority

3.Participation

3.1.Participation in the tender procedure is open on equal terms to all natural and legal persons of the WTO countries:

works, supplies and services must originate in one or more of these countries.

3.2.These terms refer to all nationals of the said states and to all legal entities, companies or partnerships constituted under, and governed by, the civil, commercial or public law of such states and having their statutory office, central administration or principal place of business there. A legal entity, company or partnership having only its statutory office there must be engaged in an activity which has an effective and continuous link with the economy of the state concerned. Tenderers must provide evidence of their status.

3.3.These rules apply to:

a) tenderers

b) members of a consortium

c) any subcontractors.

3.4Natural persons, companies or undertakings meeting the conditions set out in the relevant section 1.7 of the Guide on Grants and Public Procurement under pre-accession instruments are excluded from participation in and the award of contracts. Otherwise they risk exclusion from contracts and grants in accordance with the relevant section of the Guide. Tenderers or candidates who have been guilty of making false declarations will also incur financial penalties in accordance with the provisions of the Art. 77 of the Public Procurement Law (ZJN-2).representing 10% of the total value of the contract being awarded. That rate may be increased to 20% in the event of a repeat offence within five years of the first infringement.

3.5To be eligible for participation in this tender procedure, tenderers must prove to the satisfaction of the Contracting Authority that they comply with the necessary legal, technical and financial requirements and have the wherewithall to carry out the contract effectively.

4.Origin

4.1Unless otherwise provided in the Special Conditions, supplies must originate in WTO countries. The origin of the goods must be determined according to the Community Customs Code.

4.2.When submitting his tender, the tenderer must state expressly that all the goods meet the requirements concerning origin and must state the respective countries of origin. He may be asked to provide additional information in this connection.

5.Type of contract

Unit-price with itemised expenditure.

6.Currency

Tenders must be presented in EURO.

7.Lots

7.1 This tender procedure is not divided into Lots.

8.Periodofvalidity

8.1.Tenderers shall be bound by their tenders for a period of 90 days from the deadline for the submission of tenders.

8.2.In exceptional cases and prior to the expiry of the original tender validity period, the Contracting Authority may ask tenderers in writing to extend this period by 40 days. Tenderers that agree to do so will not be permitted to modify their tenders. If they refuse, their participation in the tender procedure will be terminated.

8.3.The successful tenderer will be bound by his tender for a further period of 60 days following receipt of the notification that he has been selected.

9.Language of offers

9.1.The offers, all correspondence and documents related to the tender exchanged by the tenderer and the Contracting Authority must be written in one of the languages of the procedure. Languages of the procedure are English or Slovene.

9.2.Supporting documents and printed literature furnished by the tenderer may be in another language, provided they are accompanied by an accurate translation into the language of the procedure. For the purposes of interpretation of the tender, the language of the procedure will prevail.

10.Submission of tenders

10.1.Tenders must be received before the deadline specified in the letter of Invitation to Tender. They must include the Tender form in part D of this Tender Dossier and be sent to the following address:

Ministrstvo za zdravje

Ministry of Health

Vložišče / Mail Reception Office

Štefanova 5

1000Ljubljana

Slovenia

Tenders must comply with the following conditions:

10.2.All tenders must be submitted in one original, marked “original”, and 5 copies signed in the same way as the original and marked “copy x”

10.3.All tenders must be received atMinistrstvo za zdravje / Ministry of Health, Štefanova 5, 1000 Ljubljana, Slovenia, before DATUM IN URA ZAKLJUČKA RAZPISA25.9. 2007 at 11.00 local time, as stated in the contract notice by registered letter with acknowledgement of receipt or hand-delivered against receipt signed by Mr. Martin Kavka or his representative.

10.4.All tenders, including annexes and all supporting documents, must be submitted in a sealed envelope bearing only:

a)the above address;

b)the reference code of this tender procedure: 2005/017-462.01.08

c)the words “Not to be opened before the tender opening session” in the
language of the tender dossier and “Ne odpiraj pred uradnim odpiranjem ponudb”.

d)the name of the tenderer.

The financial bid must be placed in a sealed envelope with the technical bid. The envelopes should then be placed in another single sealed envelope/package.

11.Content of tenders

All tenders submitted must comply with the requirements in the tender dossier and comprise:

11.1. A technical bid consisting of:

a)a detailed description of the supplies tendered in conformity with the technical specifications, including any documentation required (Annex II, Part 1);

b)a training proposal for Items 1 and 8 for 2 days, for Item 2 for 5 days andfor Items 3, 4, 7, 9, 10, 11 and 12 for one day

c)the proposal for accessories for all Items

d)a statement for service in Slovenia for all Items

e)a statement for spare-parts availability for all Items for a minimum period of 10 years as from the date of provisional acceptance.

f)the tenderer shall provide a warranty for quality of the goods supplied as defined in Article 32 of the General Conditions for Supply Contracts for all Items for a minimum period of 2 yearsas from the date of provisional acceptance.

g)requested proposal for warranty response times for Items as requested below:

Item / Response time / Replacement time
1, 3, 4, 5, 6, 7, 8, 9, 10,11,12 / 24 hours / 7 days
2 / 48 hours / 7 days

i) All items must be delivered in 3 months after the last signature of the contract.

11.2 A financial bid calculated on a basis of DDP for the supplies tendered, including if applicable:

a)unit price with delivery for all Items

b)a trainingfor Items 1 and 8 for 2 days, for Item 2 for 5 days and for Items 3, 4, 7, 9, 10, 11 and 12 for one day

c)the accessories for all Items

11.3The details of the bank account into which payments should be made (see Financial Identification).

11.4A statement by the tenderer, that the supplies tendered originate in WTO memberstate (see template).

11.5Duly authorised signature (see template).

11.6A description of the warranty tendered (see template).

11.7Tenderers are not authorised to tender for a variant in addition to the present tender.

Documentary

11.8proof that they are not in any of situations listed bellow justifying their exclusion from participation in the procurement procedure: The tenderer must supply a declaration in which they establish that they do not fall into the categories listed below:

a) they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

b)they have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata;

c)they have been guilty of grave professional misconduct proven by any means which the Contracting Authority can justify;

d)they have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the Contracting Authority or those of the country where the contract is to be performed;

e)they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organization or any other illegal activity detrimental to the Communities’ financial interests;

f)following another procurement procedure or grant award procedure financed by the Community budget, they have been declared to be in serious breach of contract for failure to comply with their contractual obligations.

The tenderer must supply a declaration in which they establish that they do not fall into the categories listed above.

11.9 Economic and financial standing and experience (see template).

11.10 The tender guarantee, issued by the bank and nominated in EURO for 1 % amount of the offered total price must be provided according to the model annexed to the Tender Dossier(see template).

12.Pricing

12.1.Tenderers will be deemed to have satisfied themselves, before submitting their tender(s), as to (its)(their) correctness and completeness, to have taken account of all that is required for the full and proper performance of the contract and to have included all costs in their rates and prices.

12.2.Depending on whether the supplies proposed are manufactured locally or are to be imported into the country of the Contracting Authority, Tenderers must quote, by lot, unit (and overall) prices for their tenders on one of the following bases:

a)place of destination and in accordance with the above conditions, excludingalldomestic taxation applicable to their manufacture;

b)for supplies to be imported into the country of the Contracting Authority, unit and overall prices must be quoted for delivery to the place of destination and in accordance with the above conditions, excluding all duties and taxes applicable to their importation and VAT, from which they are exempt.

12.3.Whatever the origin of the supplies, the contract is exempt from stamp and registration duties.

12.4.The prices for the contract are fixed and not subject to revision.

13.Additional information before the deadline for submission of tenders

The tender dossier should be clear enough to preclude the need for candidates invited to tender to request additional information during the procedure. If the Contracting Authority, either on its own initiative or in response to a request from a prospective tenderer, provides additional information on the tender dossier, it must send such information in writing to all other prospective tenderers at the same time.

Tenderers may submit questions in writing to the following address up to 16days before the deadline for submission of tenders, specifying the publication reference and the contract title:

Contact name:Mr. Martin Kavka
Address:Ministry of Health

Štefanova 5, 1000, Ljubljana, Slovenia
Fax N°:+386 (0)1 478 68 56
E-mail:

or to the following Web site:/si/javna_narocila/

title: TRANSITION FACILITY 2005/017-462.01.08

Any clarification of the tender dossier will be communicated via the above Web site at the latest 6 days before the deadline for submission of tenders. No further clarification will be provided after this date.

Any prospective tenderers seeking to arrange individual meetings with either the Contracting Authority and/or the European Commission during the tender period may be excluded from the tender procedure.

14.Clarification meeting / site visit

N.A.

15.Alteration or withdrawal of tenders

15.1.Tenderers may alter or withdraw their tenders by written notification prior to the deadline for submission of tenders referred to in Article 10.3. No tender may be altered after this deadline. Withdrawals must be unconditional and will end all participation in the tender procedure.

15.2.Any such notification of alteration or withdrawal must be prepared and submitted in accordance with Article 10. The outer envelope must be marked 'Alteration' or 'Withdrawal' as appropriate.

15.3.No tender may be withdrawn in the interval between the deadline for submission of tenders referred to in Article 10.3 and the expiry of the tender validity period. Withdrawal of a tender during this interval may result in forfeiture of the tender guarantee.

16.Costs of preparing tenders

No costs incurred by the tenderer in preparing and submitting the tender are reimbursable. All such costs will be borne by the tenderer.

17.Ownership of tenders