TENDEREE:
Kemijski Inštitut
Hajdrihova 19
1000 Ljubljana
Tender documentation for Public Procurement:
»Supply and installation of Chromatography system for preparative protein purification«
Public procurement code: JNM8/2016
Ljubljana, November 2016
CONTENTS
1Object of public procurement and related information
2Submission of tenders and the time limit for submission
3Acquisition of tender documentation and additional clarification
4Form, language and costs of the tender
5Tender validity period
6Joint tenders
7Subcontractors
8Business confidentiality and protection of confidential information
9Submission of information to the contracting authority
10Conclusion of contract
11Criterion and tender price
12The reasons for rejection of the tenderer and qualification assessment
12.1Lack of prior convictions
12.2Lack of negative references
12.3Unsettled liabilities towards subcontractors and unsettled social contributions
12.4Lack of fines regarding breach of the provisions which regulate payment on the basis of employment contract
12.5Previous insufficient performance
12.6Submission of false information
12.7Unwarranted influence on the decision making process
12.8Absence of grave professional errors or similar grave breach of professional rules
12.9The conclusion of the cartel
12.10Service registration
12.11References
13Technical specifications
13.1Delivery time
13.2Elimination of defects during the warranty period
14Legal basis and remedy
15Contents of tender documents
16Appendices
1.Envelope
(To be completed by the tenderer and attached to the envelope)
2.References
3.Tender invoice
4.Authorisation for the acquisition of a criminal record for legal persons
5.Authorisation for the acquisition of a criminal record for natural persons
6.Sample contract
INSTRUCTIONS TO TENDERERS
1Object of public procurement and related information
In compliance with Article 47 of the Public Procurement Act (Uradni list RS, št. 91/2015, v nadaljevanju: ZJN-3), Kemijski inštitut, Hajdrihova 19, Ljubljana (henceforth: the contracting authority), invites any interested tenderers to send a written offer in accordance with the present tender documentation.
The object of the public procurement is “Supply and installation of Chromatography system for preparative protein purification”.
The public procurement is not divided into lots.
The tenderee will conclude the contract for the specified lot with a single tenderer.
Variant tenders are not permitted.
2Submission of tenders and the time limit for submission
Tenders must arrive at the address of the contracting authority within the time limit for submission:
KEMIJSKI INŠTITUT
Hajdrihova 19
1000 Ljubljana
Tenders may also be submitted in person at the Registry of Kemijski inštitut, Hajdrihova 19, 1000 Ljubljana from Monday to Friday between 9.00 and 12.00 A.M. by the specified time limit for submission. Regardless of the manner of submission (whether in person or by mail), the tenders must arrive by the specified date and time at the latest or they will not be considered.
The time limit for submission is the 5th of December 2016 by 10 A.M.
Public opening of tenders will take place on 5th of December 2016 at 11A.M. on the premises of the contracting authority.
The contracting authority will make a record of the public opening of tenders. Legal representatives of tenderers must be able to produce authorization for representation at the opening.
3Acquisition of tender documentation and additional clarification
The tender documentation for the submission of the public procurement is available free of charge at the Public Procurement Portal (
Tenderers may request additional clarification regarding the tender documentation via the Public Procurement Portal by no later than on 28th of November at 10A.M. The contracting authority will respond to such queries via the Public Procurement Portal by 29th of November at4P.M. The contracting authority does not undertake to respond to queries which will fail to be submitted in the manner described above and before the specified date.
The contracting authority reserves the right to partially modify or amend the tender documentation and extend the time limit for submission of tenders, if necessary. Modifications and amendments of tender documentation are integral parts of the tender documentation.
Contact person for the contracting authority:
Jasmina Štiftar, e-mail: ; tel: 00386 1 4760 200
4Form, language and costs of the tender
Tenderers will submit their tender offers in a sealed envelope. Paper sheets containing the tender documents should be bound by a string or a similar fastener which must be fastened in a way that ensures that any consequent modifications of the tender are exposed. A stamp and a signature of the representative who signs the document should appear next to the fastener. Tenders which will not be fastened in the manner described above may be fastened by the contracting authority during the public opening of tenders.
Individual parts of the tender must be included in separate paperboard files or marked in a comparably transparent manner.
Tenderers will attach to the front of the envelope the completed form Envelope, which is enclosed with the present tender documentation. The envelope should also contain the name and the seat of the tenderer.
Any notification on the tenderer’s part concerning modifications or withdrawal of the tender must be submitted in a sealed envelope, and marked in the same manner as the original tender. For such submissions, the form Envelope must be completed with the term »MODIFICATION« or »WITHDRAWAL« instead of »TENDER«. Tenderers may modify or withdraw their tenders via written notifications which must arrive at the Registry prior to the time limit for submission of tenders. In case of withdrawal, tenders will be returned to the respective tenderers unopened.
Tenders are to be submitted in the Slovenian or English language. Unless specified otherwise, tenderers established outside of Slovenia will prove their fulfilment of conditions with copies of official records which demonstrate the required legally relevant status. Where the country in which the candidate or tenderer is established does not issue such documents, the contracting authority may accept a declaration which shall be made before a competent judicial or administrative authority, a notary or a competent professional or trade body in the country where the candidate or tenderer is established. Documents issued by the competent authority and certified declarations of foreign tenderers must be translated into the Slovenian language. Tenderers are required to enclose a translation made by a Slovenian court interpreter.
Tenderers may include brochures or other technical documentation in a foreign language. If deemed necessary by the contracting authority tenderers will be required to provide an official translation of such documentation into the Slovenian language within a specified time limit.
The tender documents must be submitted on forms attached to the present tender documentation or comparable forms, prepared by the tenderer. If the contracting authority does not explicitly requires the original, where supporting documents are required, tenderers may enclose a copy of such documents instead of originals. At any time during the tender evaluation process the contracting authority may require tenderers to submit original documents for inspection. All documents submitted by the tenderer must demonstrate the current status, unless it is expressly required that they demonstrate the relevant status for a specific period.
The marked parts of the documents must be signed by legal representatives of the tenderers or other persons authorised to conclude contracts of the foreseen kind, value and scope. The offered commodity or services must wholly meet the requirements outlined in the tender documentation.
Tenders must include all relevant commodities or services.
Tenderers shall bear all costs pertaining to the preparation and submission of tenders. In case of suspension of the evaluation process, the rejection of all tenders, or a withdrawal from the performance of the public procurement the contracting authority will not reimburse any expenses or costs involved in the preparation of tenders. Tenderers are acquainted with these terms and give their express consent by submitting their tenders.
5Tender validity period
Tenders must be valid until 31. 3. 2017. In case of a shorter validity period the tender will be treated as incomplete and eliminated.
The contracting authority may require tenderers to extend the validity period of tenders by an additional period.
6Joint tenders
Joint tenders by several contractual partners are allowed. Section 13 Qualification assessment criteria and supporting documents specifies which criteria must be fulfilled by each partner in case of a joint tender and which criteria must be jointly fulfilled by the partners.
In case of a joint tender the documents must include a joint contract. The joint contract must clearly specify the following:
- an indication of the contracting party in the performance of the public procurement,
- an authorisation of the contracting party and the legal representative to sign the tender and the contract,
- a statement which declares that all tenderers involved in the joint tender are acquainted with the instructions for tenderers and the award criteria, and that they wholly consent with them,
- a statement which declares that all tenderers are acquainted with the terms of payment outlined in the present tender documentation,
- provisions regarding the manner of payment through the contracting party,
- an indication that all the partners shall be jointly and severally liable for the entire obligation to the contracting authority.
The contract is signed by the contracting party, who has also signed the tender and acts as chief contact with the contracting authority. The contracting party assumes full responsibility towards the contracting authority for the performance of other partners and/or subcontractors in accordance with the Code of Obligations. The contracting authority will require the contracting party to correct any eventual errors.
7Subcontractors
If tenderers intend to execute the public procurement with subcontractors, they must state that information in ESDP form. The tenderer and the subcontractors must complete the form ESDP. Subcontractors must fulfill conditions required for them in section 12. If the subcontractor will require direct payment, he has to state that in a document which should be attached to the offer and signed by the leading tenderer.
complete the formList of subcontractors with all the required information regarding subcontractors. This form is an integral part of the public procurement implementation
If the tenderer intents to execute the public procurement with subcontractors, the offer must include:
-names of all subcontractors involved and every part of public procurement that will be fulfilled by the subcontractors
-contacts and legal representatives of subcontractors
-ESPD form for every subcontractor
-the requirement for direct payment of subcontractors (if any)
If the subcontractor requires a direct payment he has to provide a statement that proves:
-that he agrees that the contracting authority pays directly to the subcontractors, not to the tenderer
-that the tenderers entitles the contracting authority for direct payments to the subcontractor
If the subcontractor does not require a direct payment, the contracting authority will )in 60 days after the payment) require a written statement from the tenderer and subcontractor where it is clearly stated that the subcontractor has received the payment for the comedies or services he offered. If the contracting authority will not receive above mentioned statement, he will start the procedures required in ZJN-3
If the tenderer intents to execute the public procurement with subcontractors, he has to provide above listed documents, which should also be provided in no more than 5 days after the change of the subcontractors.
In compliance with Article 94.of ZJN-3 the contracting authority will reject all the subcontractors which will not fulfill the provisions listed below as obligatory for the subcontractors or which fulfills the obligatory or non-obligatory reasons for rejection of the tenderer. If the contracting authority considers that the changes of subcontractors or a new contractor which would be added after the contract is signed, could have a negative effect in terms of operation or if the listed subcontractor does not fulfill the requirements, he can reject the nomination of the subcontractor in ten (10) days after he receives the notice.
8Business confidentiality and protection of confidential information
Tenderers may mark as confidential any documents which include personal information, provided these are not included in public records or otherwise accessible to the public, and business information which is classified as confidential by the regulations and internal rules of the tenderer. The contracting authority will regard as confidential the tender documents which will be marked »CONFIDENTIAL« or »BUSINESS CONFIDENTIALITY« in the upper right corner. If specific pieces of information in a form or a document are to be considered confidential, such information must be underlined using a red marker and marked at the right border as »CONFIDENTIAL« or »BUSINESS CONFIDENTIALITY«.
The informations about specifications of the offered item, services and the quantities, unit price, individual rates charged and the total value of the tendercan not be treated as confidential. Where any information which does not meet the conditions outlined in the above paragraph is marked as confidential, the contracting authority will request the tenderers to remove the mark of confidentiality. If the tenderer fails to remove the confidentiality marks within a determined time limit, the contracting authority may remove the confidentiality marks itself.
Tenderers who become aware of confidential information during the implementation of contractual obligations are required to maintain business confidentiality in compliance with the relevant regulations.
9Submission of information to the contracting authority
If required by the contracting authority during the public procurement process or its implementation, the tenderer who is awarded the contract must submit the following information within 8 days of being notified:
- information regarding the company founders, partners, shareholders, limited partners or other owners, and information regarding the equity stakes of aforementioned persons;
- information regarding business entities which are considered associated companies in accordance with the provisions of the Company Act.
10Conclusion of contract
The contract will be concluded when signed by both contracting parties.
If the tenderer fails to respond to the invitation of signing the contract within 5 days, this may be considered a withdrawal from the contract by the contracting authority. In case of such a withdrawal, the contracting authority will require by the contracting authority to reimburse any eventual damages caused by the actions of the tenderer. The contracting authority reserves the right to obtain the signature of contract through legal action, if this is in the interest of the contracting authority.
11Criterion and tender price
The contracting authority will conclude the contract with the most favourable tenderer according to the criterion: the lowest price offered.
The tender must include the required commodities in their entirety. The tenderer must complete all fields in the form Tender invoice.
The final tender price must include all integral elements as well as any costs (insurance, delivery, etc.), taxes and potential discounts so that the contracting authority bears no additional expenses pertaining to the object of the public procurement. Any discount offered by the tenderer must be included in the final tender value (the discount applies to all unit prices).
The prices in the tender invoice are fixed for the duration of the contract.
The tenderer must complete all fields of the form Tender invoice with the relevant price values.
The offered commodities must wholly meet the requirements listed in the tender documentation. Any tenders where the tenderer fails to include a complete offer of commodities (and leaves empty fields in the technical specifications or marks certain fields to indicate that certain commodities are not offered by the tenderer), or where the offered commodities fail to meet the technical requirements, will be eliminated from further evaluation by the contracting authority.
12The reasons for rejection of the tenderer and qualification assessment
The contracting authority will considered as qualified those tenderers who fulfil the following conditions.
12.1Lack of prior convictions
The contracting authority will reject the tenderers if the legal person or their legal representatives, members of governing or supervisory board or any other persons that are authorized to represent or supervise the tenderer, have been lawfully convicted for offences defined in the Article 75 of PPA-3.
Supporting documents: Tenderers and all their legal representatives confirm the fulfilment of this condition by submitting the ESPD form and submit their criminal records. If the tenderer and all their legal representatives fail to submit their criminal records, they can fulfil this condition by submitting for each legal representative an Authorisation for the acquisition of a criminal record for legal persons and the form Authorisation for the acquisition of a criminal record for natural persons which
In case of a joint tender/subcontracting the condition must be fulfilled by each partner/subcontractor and all their legal representatives.
12.2Lack of negative references
12.2.1On the day the time limit for submission of tenders expires, tenderers will not have been placed on the list of tenderers with negative references in compliance with Article110 of PPA-3 and Article 81a of PPWETPSA (Public Procurement in the Water, Energy, Transport and Postal Services Act).
Supporting documents: Tenderers confirm the fulfilment of this condition by filling in and signing the form »ESPD«.
In case of a joint tender/subcontracting the condition must be fulfilled by each partner/subcontractors.
12.2.2contracting authority will reject the tenderers if the tenderer is, on the day the time limit for submission of tenders expires, listed in a list of legal persons according to Article 35 of Integrity and Prevention of Corruption Act (Ur. l. RS, No. 69/2011)
In case of a joint tender the condition must be fulfilled by each partner and all their legal representatives.
Supporting documents: Tenderers/partners/subcontractors confirm the fulfilment of this condition by filling in and signing the form »ESPD«.
12.3Unsettled liabilities towards subcontractors and unsettled social contributions
On the day the time limit for submission of tenders expires, tenderers will not have unsettled liabilities towards subcontractors and unsettled social contributions in amount of 50 € or more. It is also considered that the tenderer has unsettled liabilities if he has not issued all billings required in procedures of withholding tax for the incomes based on employment contract for the period of last 5 years. If the tenderer will not fulfill this condition, his offer will be rejected.