Tender procedure title>

Tender procedure No.: <Tender procedure reference number>

The project is co-financed by the <EU Structural Fund or other Fund> by …% <per cent rate of financing in numbers> and by national resources by …% <per cent rate of financing in numbers>

<Place>, Μonth>

Table of Contents

1.INTRODUCTION...... 3

1.1Type of Tender Procedure...... 3

1.2 Project Manager and Contact Persons for the Tender...... …………………. 3

1.3 Submission of Clarifications by Interested Economic Operators...... 3

2. DESCRIPTION OF CONTRACT SCOPE...... 3

2.1Scope...... 3

2.2 Place of implementation of the Contract scope...... 4

2.3 Date of commencement and period of implementation...... 4

3. EXPENDITURE BUDGET...... 4

4.PREPARATION OF TENDERS...... 4

4.1Language of the Tender...... 4

4.2 Currency of the Tender...... 4

4.3 Contents of Tender ...... 4

5.FORMAT AND SUBMISSION OF TENDERS...... 5

5.1 Format of the Tender...... 5

5.2Time and Place of Submission...... 5

6.VALIDITY OF TENDERS...... 5

7.CONDUCT OF THE TENDER PROCEDURE...... 6

7.1Opening of Tenders...... 6

7.2Evaluation of Tenders...... 6

8.CONCLUSION OF THE TENDER PROCEDURE...... 6

8.1Award of the Contract...... 6

8.2Cancellation of the Tender Procedure...... 7

8.3 Drawing up and Signature of the Agreement...... 7

8.4Payment Method...... 7

APPENDIXES...... 8

APPENDIX 1: AGREEMENT

APPENDIX 2: TEMPLATES OF FORMS

INVITATION TO TENDER USING THE NEGOTIATEDPROCEDURE

<Tender procedure Number andTitle

  1. INTRODUCTION

1.1Type of Tender Procedure

The University of Cyprus (“Contracting Authority”) is conducting a negotiated tender procedure pursuant to Article 33 ofthe Coordination of Procedures for the Award of Public Works Contracts, Public Supply Contracts and Public Service Contracts and for Related Matters Law of 2006 (Law 12(I)/2006).

1.2Project Manager and contact Persons of the Contracting Authority

The Project Manager on behalf of the Contracting Authority is…...... whoshall be responsible for monitoring and handling the Contract within the framework of its provisions.

The contact persons of the Contacting Authority regarding this tender procedure are the following:

………………………………………….., (telephone number: +357 2289 ………),

………………………………………….., (telephone number: +357 2289 ………),

…………………………………………..,(telephone number: +357 2289 ………).

1.3Submission of Clarifications by Interested Economic Operators

Regarding any questions which may arise in connection with the present tender procedure, may be addressed by interested parties to the University of Cyprus at the electronic mail address or by facsimile to facsimile number +357 22895089, making reference to the Tender procedure number and title.

  1. DESCRIPTION OF CONTRACT SCOPE

2.1Scope

The Contract Scope is the <summary description of the products/services under supply>.

The minimum requirements for the products/services under the contract are given in the Tenderer’s Technical Response and Compliance Table (Form 2), included in Appendix 2 of the present Invitation.

2.2Place of implementation of the Contract Scope

The place of implementation of the Contract Scope is <city, country>. The supplies under the contract shall be delivered at <exact location of delivery.

2.3Date of commencement and period of implementation

The date of commencement of the performance of the Contract Scope shall be the date of award of the contract/signature of the contract and the implementation duration shall be <duration of the Contract in days/weeks/months>.

The supplies under the contract shall be delivered, installed and commissioned within <period in days/weeks/months> from the date of commencement of the performance of the contract scope.

  1. EXPENDITURE BUDGET

The Contract is financed by national resources/co-financed by the <EU Structural Fund or other Fund> by….% <per cent rate of financing in numbers> and by national resources by …% <per cent rate of financing in numbers>. The expenditure budget cannot be disclosed.

The budget of the University of Cyprus for year ………. is before the House of Representatives for approval.

The University of Cyprus reserves the unilateral right to cancel the tender procedure or adjust accordingly the budget and the scope of the contract, depending on the relevant decision of the House of Representatives.

The decision for award of each tender is subject to the existence of a budget approved by the House of Representatives and can be made after the distribution of the budget to the individual organizational entities of the University of Cyprus.

  1. PREPARATION OF TENDERS

4.1Language of Tender

The Tender must be drawn up in the Greek or English language. The language of the Contract shall be English. All written communication between the Tenderer/Contractor and the Contracting Authority shall be in English.

4.2Currency of Tender

The offered prices shall be denominated in Euros.

4.3Contents of Tender

The tender shall be prepared in one (1) original and one (1) copy and shall comprise the following suitably completed by the Tenderer:

(a)The Tender Submission Form, drawn up in the format of the relevant Template (Form 1 – Appendix 2), and signed by the Tenderer or its Legal Representative.

(b)The Technical Offer drawn up in the format of the relevant Template (Form 2 – Appendix 2).

(c)The Financial Offer drawn up in the format of the relevant Template (Form 3 – Appendix 2).

  1. FORMAT AND SUBMISSION OF TENDERS

5.1Format of the Tender

The original and the copy, of the tender must be placed in the same envelope or package.

The envelope or package containing the Tender must be clearly marked with the following:

  • The word “TENDER”.
  • The full title of the Contracting Authority.
  • The number and title of the tender procedure.
  • The closing date for the submission of Tenders.
  • The data of the sender.

Tenders must not bear any irregular corrections (erasures, deletions, additions etc.). If there are corrections, additions etc., these should be initialled by the Tenderer or its Legal Representative.

5.2Time and Place of submission

Tenders must be submitted by <date> and time <xx:xx> at the latest.

Tenders should be submitted directly to the Tender Box of the Contracting Authority at “Anastasios G. Leventis” Senate Building, University of Cyprus, 1 Panepistimiou Avenue, 2109, Aglantzia, Nicosia, or delivered to the Contracting Authority or sent to the Contracting Authority by courier or by registered post to be received, at the Tenderer’s responsibility, by the Contracting Authority on or before the closing date for the submission of Tenders.

Tenders which were submitted to the Tender Box after the specified date and time or which, did not arrive at the Contracting Authority on or before the closing date for the submission of tenders shall be considered to be late and shall not be taken into consideration.

  1. VALIDITY OF TENDERS

Submitted tenders shall be valid and binding on the Tenderers for <number of months in words (number of months in numbers) – indicatively: three (3) months, calculated from the day following the day on which the deadline for the submission of Tenders expires.Tenders specifying a shorter period of validity shall be rejected as inadmissible.

7.CONDUCT OF THE TENDER PROCEDURE

7.1Opening of Tenders

  1. Opening of the Tenders submitted, or sent and received, within the specified time limit, shall be carried out by authorised persons, as soon as possible after expiry of the deadline for the submission of Tenders.
  1. Upon commencement of the procedure, the envelope or package is opened and the Tenders are entered in a special form.

7.2Evaluation of Tenders

  1. The Competent Body for Evaluation shall proceed to verify that the Tender is generally in order and to determine whether it meets the requirements of the Contract Scope, as described in Paragraph 2 and Form 2 and that the offered products/services are reasonably priced.
  1. If the Technical Offer does not meet the requirements set in the Tender Documents and/or the prices specified in the Financial offer are considered unrealistically high, then the Competent Body for Evaluation shall have the right to enter into negotiations with the Tenderer.

For the purpose of these negotiations, all communication between the Tenderer and the Contracting Authority will be done by telephone and/or through the exchange of letters and/or emails.

  1. If the Technical and/or Financial Offer of the Tenderer, as they may have been revised through the process of negotiations, are not considered satisfactory by the Contracting Authority, then the submitted Tender will be rejected.
  1. CONCLUSION OF THE TENDER PROCEDURE

8.1Awardof the Contract

Subject to the right of the Contracting Authority to cancel the tender procedure and/or reject the tender at any stage of the procedure, the Contract shall be awarded to the Tenderer provided that the submitted tender, as it may have been revised during the negotiation process, is found to be in compliance with the terms and conditions of the present tender procedure, and the offered prices are found to be reasonable.

The decision to award the contract will be communicated in writing to the successful tenderer through a Letter of Award. The successful tenderer shall indicate its acceptance of the award of the contract by counter-signing the Letter of Award and returning it to the Contracting Authority.

The cost of the relevant stamp duties shall be fully borne by the Contractor.

8.2Cancellation of the Tender Procedure

If the procedure for award of the Contract is cancelled for any reason, the Contracting Authority shall inform in writing the Tenderer of the reason of such decision.

The Tenderer does not maintain and waive any claim against the Contracting Authority on account of such cancellation.

8.3Drawing up and signature of the Agreement

The Tenderer who has been awarded the Contract is obliged to sign the relevant Agreement, attached as Appendix 1 to this Invitation, within the deadline set in the Letter of Award.

8.4Payment Method

Payments shall be made in Euro into the bank account notified by the Contractor to the Contracting Authority (Form 4 – Appendix 2), against an invoice.

Page 1 of 7

APPENDICES

APPENDIX 1:AGREEMENT

APPENDIX 2:

FORM 1: / TENDER SUBMISSION FORM
FORM 2: / TECHNICAL OFFER TABLES
FORM 3: / FINANCIAL OFFER TABLES
FORM 4: / CONTRACTOR’S BANK ACCOUNT NOTIFICATION FORM
FORM 5: / ADVANCE PAYMENT GUARANTEE TEMPLATE

APPENDIX 1: AGREEMENT

In <town/city where the Contract is signed> today on this <day> the <date of signature of the Contract>, at <postal address of the Contracting Authority, where the Contract is signed>,

The University of Cyprus, hereinafter “Contracting Authority”

of the one part,

and

<Business Name of Contractor>, having its registered office in <name of town/city>, <postal address>, legally represented by <full name and father’s name of the Contractor’s legal representative>, hereinafter “Contractor”,

of the other part,

have agreed as follows:

ARTICLE 1: STRUCTURE OF THE CONTRACT

1.It is explicitly agreed that the Contract consists of the following documents, which form integral parts of it:

  1. The present Agreement.
  2. The Tender Documents.
  3. The Contractor’s Offer as submitted on <date of submission of offer> and any correspondence relating thereto between the Contracting Authority and the Contractor.

In the case of differences between the above parts, their provisions shall be applied according to the above order of precedence.

ARTICLE 2: SCOPE

1.The scope of the present Contract is <title of tender procedure>.

2.The Contract Scope to be performed by the Contractor is the one described in the Contractor’s Offer of ../../.. <date of submission of Contractor’s offer>as it may have been revised through the negotiation process and in article 2 of Part A of the Invitation by the Contracting Authority (Invitation No. ………… <number of Invitation>) of ../../.. <date of dispatch of Invitation to candidate tenderers by the Contracting Authority>.

ARTICLE 3: DATE OF COMMENCEMENT AND PERIOD OF IMPLEMENTATION

  1. The date of commencement and period of implementation of the Contract Scope are those specified in Article 2.3 of Part A of the Invitation by the Contracting Authority.

ARTICLE 4: AUTHORISED REPRESENTATIVES – NOTIFICATIONS

  1. The Contractor appoints as Manager Mr/Mrs <full name>, who has overall responsibility for the implementation of the Contract Scope and the management of the Project Team.
  2. For the purposes of decision-making and of issuing orders to the Contractor, and for managing the Contract in general, the Contracting Authority appoints as Project Manager, the person whose name is stated in Paragraph 1.2 of Part A of the Invitation.
  3. Any notice, consent, approval, certificate or decision by any person required under the Contract shall be in writing, unless otherwise specified in the Contract.
  4. Any verbal instructions or orders shall take effect as of their transmission and shall be subsequently confirmed in writing.

ARTICLE 5: ASSIGNMENT

  1. An assignment is any agreement whereby the Contractor transfers the Contract or part thereof to a third party.
  2. The Contractor can not assign the present Contract or any part thereof, or any of the Contractor’s rights or obligations or interests thereunder, without the prior written consent of the Contracting Authority.
  3. Approval of an assignment by the Contracting Authority shall not relieve the Contractor of its obligations for the part of the Contract already executed or for the part not assigned.

ARTICLE 6: SUBCONTRACTING

  1. To implement the Contract Scope, the Contractor is limited to using the subcontractors identified in its Offer for the corresponding part of the Contract Scope as stated in the Contractor’s Offer for each such subcontractor.
  2. The Contractor may exceptionally, after the Contract has been signed, enter into a new subcontract or replace a subcontractor identified in its Offer, or undertake itself the part of the Contract Scope which it had stated in its Offer that would be implemented by a subcontractor, after obtaining the prior written authorisation of the Contracting Authority.
  3. In connection with the requirement for authorisation by the Contracting Authority under paragraph 2, the Contractor must notify the Contracting Authority of the parts of the Contract Scope which it intends to assign to the subcontractor, giving details of its identity, and also submit written documentation demonstrating that the subcontractor is capable of responding to the obligations which it shall assume.
  4. The Contracting Authority shall, within thirty (30) days of receipt of the relevant application, notify the Contractor of its decision, giving full justification in case such authorisation is denied.
  5. It is understood that approval of such application by the Contracting Authority shall not relieve the Contractor of any of its obligations under the Contract.
  6. Any change of subcontractor without the prior written consent of the Contracting Authority shall be considered to be a breach of contract.
  7. It is understood that the part of the Contract Scope assigned to a subcontractor by the Contractor can not be assigned to third parties by the subcontractor.
  8. Subcontractors do not enter into any contractual relation with the Contracting Authority.
  9. The Contractor shall be responsible for the acts, defaults and negligence of its subcontractors and their agents or employees, as if they were the acts, defaults or negligence of its own, its agents or employees.
  10. If a subcontractor is found by the Contracting Authority or by the Project Manager to be incompetent in discharging its duties, the Contracting Authority or the Project Manager may request the Contractor forthwith, either to provide a new subcontractor with qualifications and experience acceptable to the Contracting Authority as a replacement, or to undertake itself the performance of the specific part of the Contract Scope.

ARTICLE 7: SPECIFIC OBLIGATIONS OF THE CONTRACTING AUTHORITY

  1. The Contracting Authority shall provide to the Contractor as soon as possible any information and/or documentation at its disposal which may be relevant to, and required for, the execution of the Contract. If this information is contained in documents, such documents shall be returned to the Contracting Authority at the end of the period of execution of the Contract.
  2. The Contracting Authority shall co-operate with the Contractor for providing information which the latter may reasonably request in order to execute the Contract.

ARTICLE 8: SPECIFIC OBLIGATIONS OF THE CONTRACTOR – CONFIDENTIALITYAND WARRANTIES

  1. The Contractor shall treat all documents and information received in connection with the Contract as private and confidential and shall not, save insofar as may be necessary for the purposes of the implementation thereof, publish or disclose any particulars of the contract without the prior consent in writing of the Contracting Authority or the Project Manager appointed by the Contracting Authority. If any disagreement arises as to the necessity for any publication or disclosure for the purposes of the Contract, the decision of the Contracting Authority shall be final.
  2. The Contractor warrants to the Contracting Authority that the Contract Scope shall be performed in accordance with the terms and conditions of the Contract, and that the products to be delivered shall comply with the technical rules and the internationally recognised standards applicable to the manufacture of such products, shall have all the properties and features provided for in the present Contract, shall have no defects arising from poor workmanship or flaws arising from design or manufacture, and shall meet the specifications, results and properties as these are specified in the Tender Documents.

The Contractor warrants that the products to be delivered shall be authentic, new, unused, announced and in production. The Contractor is obliged to deliver Products that have been manufactured with the consent of the right holder of intellectual property rights and do not infringe any prohibitions or restrictions which are provided by the Community and National legislative framework.

  1. If, according to the provisions of Article 2 of Part A hereof, the Contract Scope includes the provision of product maintenance, repair or rectification services for a specific warranty period, the Contractor shall be obliged to make good, at its own expense, following a request from the Contracting Authority, any error or lack of properties in the products that it delivers under the Contract, in accordance with the Regulation governing the Contracting Authority.

ARTICLE 9: OWNERSHIP

  1. All Contract deliverables compiled or prepared by the Contractor in the execution of the Contract, shall be the absolute property of the Contracting Authority. Upon completion of the Contract, the Contractor is obliged to deliver all such documents and data to the Contracting Authority. The Contractor may retain copies of such documents and data, but is not allowed to use them for purposes other than the purposes of the Contract.

ARTICLE 10: CONTRACT VALUE

  1. The Contract Value amounts to <amount in words (amount in numbers)> Euro, exclusive of VAT.
  2. The Contract Value, which the Contractor deems legitimate, reasonable and adequate consideration for the performance of the Contract Scope, is inclusive of all types of costs which the Contractor shall or may require in order to meet its obligations, and of the Contractor’s expenses and profit, including any fees of third parties, without any further charge whatsoever to the Contracting Authority.

ARTICLE 11: DELIVERY AND ACCEPTANCE OF DELIVERABLES