This English version of the conditions of tender is not an official translation. In case of any discrepancies between the Lithuanian and English versions, the Lithuanian version shall prevail.
LITHUANIAN ENERGY INSTITUTE
(Breslaujos st. 3, LT-44403 Kaunas, register no. 111955219, VAT payer code LT119552113, )
Approved
Deputy Director
(Position)
______
(Signature)
Petras Poligarijus Ūdras
(Name and surname)
CONDITIONS OF THE SMALL VALUE TENDER ENQUIRY PROCEDURE
ON THE PROCUREMENT OF HIGH TEMPERATURE EXTENSOMETER
Procurement code (according to CVP): 38432000-2
CONTENTS
I. GENERAL PROVISIONS 2
II. PROCUREMENT OBJECT 2
III. REQUIREMENTS FOR SUPPLIERS‘ QUALIFICATION 2
IV.PARTICIPATION OF THE GROUP OF LEGAL ENTITY IN TENDER 4
V.PREPARATION, SUBMISSION AND MODIFICATION OF TENDERS 4
VI.EXPLANATION AND CLARIFICATION OF TENDER CONDITIONS 6
VII.PROCEDURE OF OPENING ENVELOPES WITH TENDER OFFERS 7
VIII.EXAMINATION OF TENDER OFFERS AND REASONS FOR REJECTION 7
IX.EVALUATION OF TENDER OFFERS 8
X.RANKING OF TENDER OFFERS AND DECISION TO CONCLUDE A CONTRACT 8
XI.ORDER OF EXAMINATION OF PRETENSIONS AND CLAIMS 9
XII. TERMS AND CONDITIONS OF CONTRACT 9
Annex No. 1: Form of tender offer.
Annex No. 2: Supplier‘s Declaration form.
Annex No. 3: Technical specification of the Equipment.
Annex No. 4: Project of the procurement contract.
I. GENERAL PROVISIONS
1. Lithuanian Energy Institute (hereinafter reffered to as ‘Contracting Authority‘) intends to buy High Temperature Extensometer.
2. The main definitions used herein are in accordance with the Law on Public Procurement of the Republic of Lithuania (official gazette ‚Valstybes zinios‘, 1996, No. 84-2000; 2006, No. 4-102; 2008, Nr. 81-3179; 2009, Nr. 93-3986; 2010, Nr. 25-1174; 2011, Nr. 2-36) (hereinafter, the Law on Public Procurement).
3. The procurement shall be conducted pursuant to the Law on Public Procurement, the Rules on Simplified Public Procurement (hereinafter – the Rules), approved by the director of the Contracting Authority, the Civil Code of the Republic of Lithuania (official gazette ‚Valstybės žinios‘,2000,No.74-2262) (hereinafter the Civil Code), other legal acts governing public procurements and small value conditions of tender (hereinafter – the conditions of tender).
4. The announcement on this procurement has been published on Public Procurement Portal https://pirkimai.eviesiejipirkimai.lt/ (hereinafter - CVP IS).
5. The procurement pursuant to the Article 151 of the Law on Public Procurement is executing by CVP IS means. The tender offer can be submitted by electronic means only by the supplier who is registered in CVP IS, address whereof: https://pirkimai.eviesiejipirkimai.lt. Free of charge registration.
6. The procurement shall be conducted following the principles of equal treatment, non-discrimination, transparency, mutual recognition, proportionality, shall meet the requirements of confidentiality and impartiality.
7. Procurement procedure: small value, suppliers‘ public enquiry procedure. The procurement is executing on the Central Public Procurement Portal (hereinafter – CVP IS).
8. The Contracting Authority is a Value Added Tax (hereinafter, „VAT“) payer.
9. The contact persons of The Contracting Authority:
Head of Procurement Commission of Contracting Authority Viktar Khilman, Breslaujos st. 3, LT-44403 Kaunas, tel.: +37037401823, fax.: +37037351271; e-mail: .
II. PROCUREMENT OBJECT
10. Procurement object – High Temperature Extensometer.
11. The procurement is not divided into the parts. Supplier shall submit tender offer for the entire scope of procurement object.
12. Detailed specification of the equipment, which is demanded by Contracting Authority, is presented in technical specification appended hereto as Annex 3.
13. The equipment shall be delivered not later than in 6 weeks from the submission of the order, after the signing of procurement contract.
14. Place of delivery of the equipment – Lithuanian Energy Institute, Breslaujos st. 3, LT-44403 Kaunas, Lithuania.
15. The term of the procurement contract may be extended for not loger than two-week term by written agreement of both parties ant such the extention shall not be considered the substantial change to the terms and conditions of the procurement contract.
III. QUALIFICATION REQUIREMENTS FOR SUPPLIERS
16. The Supplier, taking part in tender, shall meet the following minimum qualification requirements:
Table 1. General requirements for the Suppliers’ qualification
No. / Qualification requirements / Substantiating documents16.1 / The Supplier (being a natural person) or the Supplier‘s, who is a legal person, head or a real member (members) of a partnership qualified to make transactions on behalf of the legal entity, and accountant (accountants) or other person (persons) qualified to prepare and sign the Supplier‘s record documents has no conviction which is not expired or expunged and in the past 5 years the Supplier (being a legal person) has not been convicted by final judgment of the participation in, organizing or management of a criminal organization, corruption, corruption through an intermediary, bribery, fraud, the use of a credit, loan or specific purpose aid otherwise than for the intended purpose or in the established procedure, credit fraud, non-payment of taxes, submission of misleading data about income, profit or assets, failure to submit a declaration, report or other document, acquisition or disposal of property obtained through criminal conduct. The Supplier established in other country has not been the subject of a conviction by final judgment of criminal activities defined in the EU legislation listed in Article 45 (1) of Directive 2004/18/EB of the European Parliament and the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public services contracts. / An extract from court decision or a document issued by the IT and Communications Department under the Ministry of the Interior or the State Enterprise Centre of Registers in the procedure prescribed by the Government of the Republic of Lithuania, as evidence of aggregated data processed by competent authorities, or a document of a relevant foreign authority (the original or a duly certified copy*), issued not earlier than 60 days before the deadline for submission of tender offers. If the document was issued at an earlier date, however, the term of its validity is longer than the deadline for the submission of tender offers - such a document shall be deemed acceptable.
Scanned document in electronic format shall be submitted.
16.2 / The supplier has fulfilled all obligations relating to the payment of taxes in accordance with the legal provisions of the country of registration or the country in which the Contracting Authority is established. / The document (original or confirmed copy) issued by tax authority or corresponding public body or institution, evidencing that the Suppllier has no unpaid tax debts. The document shall be issued not earlier than 60 days before the date for reception of offers. If the document was issued at an earlier date, however, the term of its validity is longer than the deadline for the submission of tender offers - such a document shall be deemed acceptable.
Scanned document in electronic format shall be submitted.
Table 2
Requirements for economic and financial condition, technical and professional ability:
No. / Qualification requirements / Substantiating documents /16.3 / During the past three years or if the legal entity has been registered later – from the date of its registration, the Supplier shall have completed at least one contract to provide similar equipment which total value is not less than 10.000 EUR. / The list of completed contracts during the past three years or if the legal entity has been registered later – from the date of its registration, indicating the title of the contract, object of the contract, the client, total value of the contract, date of signature.
Scanned document in electronic format shall be submitted.
*Notes:
1) Duly certified copy shall bear the signature of the Supplier or the person authorized thereby, the text ‚True copy‘, position occupied, the name (the initial of the name), surname, date and the seal (if any).
2) The Contracting Authority shall be entitled to request for the originals of the documents.
3)) If the relevant country does not issue the above-mentioned documents or if the same document does not cover all issues raised, the Supplier shall provide a declaration on oath or an official declaration.
17. In case the group of legal entities submits common tender offer, each member of the afore-mentioned group shall comply with the requirements indicated in clauses 16.1-16.2 of the conditions of tender and submit the documents required. At least one member of the group of legal entity (or the whole group of legal entities) shall comply with the requirement indicated in clause 16.3 of the conditions of tender and provide the required documents. The authorized representative of the group of legal entities shall answer the questions by CVP IS means.
18. The tender offer shall be rejected if the supplier submits false information on the compliance with the above-mentioned requirements, that the Contracting Authority can prove by any lawful means.
19. The tender offer shall be rejected if the supplier do not meet qualification requirements.
IV. PARTICIPATION OF THE GROUP OF LEGAL ENTITIES IN TENDER
20. In cases a group of legal entities takes part in tender, it has to provide a partnership (consortium) agreement or duly certified copy thereof together with a tender offer. Scanned document in electronic format shall be submitted. The partnership agreement shall specify the obligations of each party to the agreement in implementing the procurement contract as may be awarded by the Contracting Authority, as well as parts of value of their obligations comprising full value of the contract. The partnership agreement shall provide for the joint liability of all the parties to the agreement for non-performance of their obligations to the Contracting Authority. The partnership agreement shall also specify the person acting as a representative of the group of legal entities (whom the Contracting Authority should contact regarding questions arose during the evaluation of tender offer procedure and provide with information relating to the evaluation of the tender offer).
21. The Contracting Authority shall not require that the group of legal entities acquire a certain legal form after the decision to award the procurement contract to the selected group.
V. PREPARATION, SUBMISSION AND MODIFICATION OF TENDER OFFERS
22. By submitting a tender offer the supplier agrees with the conditions of tender and confirms that information provided in his tender offer is true and includes all requirements for the proper fulfilment of the procurement contract.
23. The Contracting Authority requires that tender offers shall be submitted only by electronic means, using CVP IS. Tender offers submitted on paper (if any) shall be returned unopened to the supplier (courier) or by registered mail, and shall not be accepted and evaluated.
24. All qualification requirements substantiating documents and other documents shall be submitted by electronic means (CVP IS), i.e. created directly by electronic means or attached scanned original documents hereto. All required documents substantiating technical requirements of the equipment and other documents required in the conditions of tender shall be submitted together with the tender offer in electronic format using non-discriminating, universally available file formats (pvz. pdf, jpg, doc and other). All submitted documents shall be signed by the authorized representative.
25. The Contracting Authority shall not require to add electronic signature on the tender offer.
26. Tender offer and other correspondence shall be submitted in Lithuanian or English. In cases the respective documents are issued in other language than required, duly confirmed translation to Lithuanian or English shall be provided (this requirement shall not be applied to the documents submitted in Russian). The authenticity of translation shall be confirmed by the signature of a translator and a seal of the translation bureau, or by the signature of the head of the supplier and the seal of the supplier. Scanned document in electronic format shall be submitted.
27. Tender offer shall be comprised of the totality of data, documents in electronic format and answers submitted by the supplier by CVP IS means:
27.1. A completed form of tender offer in electronic format (prepared in accordance with Annex 1 to the conditions of tender);
27.2. Documents evidencing compliance with the minimum qualification requirements specified in the section III of the conditions of tender. Scanned documents in electronic format shall be submitted;
27.3. Supplier‘s Declaration in the form appended hereto as Annex 2. When the tender offer is submitted by a group of legal entities, the declaration shall be filled in and submitted by each member of the group;
27.4. a partnership agreement or a duly certified copy thereof, submitted in electronic format, when tender offer is submitted by a group of legal entities;
27.5. if the tender offer is signed by an authorized person, the tender offer shall include a duly certified authorization or an equivalent document proving that the person has a right to represent the supplier. Scanned documents in electronic format shall be submitted;
27.6. other information and/or documents requested in the conditions of tender. Scanned documents in electronic format shall be submitted.
28. The supplier shall submit only one tender offer – either as an individual tenderer or as a member of a group of legal entities. If supplier submits more than one tender offer or as a member of a group of legal entities participates in submitting a number of tender offers, all such tender offers shall be rejected.
29. Alternative tender offers shall not acceptable. If supplier submits an alternative tender offer, the latter as well as the original tender offer shall be rejected.
30. Tender offer shall be submitted not later than 2012-04-20, 11:00 a.m. (local time of the Republic of Lithuania) by CVP IS means.
31. The supplier shall indicate confidential information of the submitted tender offer. The Contracting Authority, the Public Procurement Commission (hereinafter the „Commission“), members and experts of the Commission as well as other persons related to the procurement shall not disclose confidential information provided by the supplier. The supplier shall not indicate as confidential information that is public under the laws of the Republic of Lithuania. If the supplier does not indicate confidential information it shall be deemed that there is no confidential information in the tender offer.
32. The price of tender offer shall be presented in litas or euro according to the requirements specified in Annex 1 hereto. The quantity of items, components of the price, technical specifications, etc., indicated in Annex 1 hereto, shall be taken into account when calculating price of tender. The price shall include all taxes and total expenses of the supplier, necessary for due and complete fulfilment of the procurement contract. Price of tender offer shall be rounded to the hundredth value (two decimal digits after decimal point).