This English Version of the Conditions of Tender Is Not an Official Translation. in Case
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
State Budget Institution, Breslaujos str. 3, 44403 Kaunas, Lithuania
Phone +370 351403, Fax. +370 37 351271, e-mail:
Data is accumulated and stored in Register of Legal Entities, code 111955219
Approved
Deputy Director
(Position)
______
(Signature)
Petras Poligarijus Ūdras
(Name and surname)
OPEN TENDER PROCEDURE CONDITIONS
Equipment for analysis and research of material properties
Procurement code (according to CVP): 38434000-6, 38432100-3, 38425500-5
CONTENTS
Puslapis 1 iš 35
I.GENERAL PROVISIONS 1
II.PROCUREMENT OBJECT 2
III.REQUIREMENTS FOR SUPPLIERS' QUALIFICATION 2
IV. PARTICIPATION OF THE GROUP OF LEGAL ENTITY IN TENDER 5
V.PREPARATION, SUBMISSION AND MODIFICATION OF TENDERS 5
VI.SECURITY OF TENDER OFFER 7
VII.EXPLANATION AND CLARIFICATION OF TENDER CONDITIONS 7
VIII.PROCEDURE OF OPENING ENVELOPES WITH TENDER OFFERS 8
IX.EXAMINATION OF TENDER OFFERS AND REASONS FOR REJECTION 9
X.EVALUATION OF TENDER OFFERS 10
XI. RANKING OF TENDER OFFERS 10
XII.ORDER OF EXAMINATION OF PRETENSIONS AND CLAIMS 10
XIII.DECISION TO CONCLUDE A CONTRACT 11
XIV. TERMS AND CONDITIONS OF CONTRACT 12
ANNEXES:
Annex No. 1: Recommended form of tender offer.
Annex No. 2: Form of Supplier‘s Declaration of Honesty.
Annex No. 3: Form of Supplier‘s Declaration.
Annex No. 4: Technical specification of equipment.
Annex No. 5: Project of procurement contract.
Annex No. 6: A list of subcontractors.
I.GENERAL PROVISIONS
1. Lithuanian Energy Institute (hereinafter reffered to as Contracting Authority) intends to purchase the following equipment for analysis and research of material properties, that will be used for scientific-experimental and applied activities in the course of implementing the EU structural funds project „Foundation of National Open Access Scientific Center for Future Energy Technologies“: Equipment for analysis of chark melting of solid fuel and caloric wastes (1 set), Equipment for gasification of solid biofuel with power generator (1 set), Equipment for identification of resistance of plastics against solvents (1 set), Equipment for Determination of Vicat Softening Temperature of Thermoplastics (1 set).
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 Civil Code of the Republic of Lithuania (official gazette „Valstybes zinios“,2000,No.74-2262) (hereinafter the Civil Code), other legal acts governing public procurement and the conditions of tender.
4. The announcement on this procurement has been published in the information supplement „Informaciniai pranesimai“ to the official gazette „Valstybes zinios“, on Public Procurement Portal and the official website of Contracting Authority: http://www.lei.lt/main.php?m=276&k=1.
5. 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.
6. The procurement shall be conducted by electronic means using Central Public Procurement Portal (CVP IS) available on https://pirkimai.eviesiejipirkimai.lt/. Only registered Suppliers have the right to participate in tender (free registration).
7. Contracting Authority is a Value Added Tax (hereinafter, „VAT“) payer.
8. Contact persons of the Contracting Authority:
- Head of the Procurement Commission of the Contracting Authority Viktar Khilman, tel.: +37037401823, e-mail:
-Project Manager Beata Barauskaitė, tel. +37037401854, fax. +37037351271, e-mail:
II.PROCUREMENT OBJECT
9. The procurement is divided into the following parts:
Procurement part No. 1: Equipment for analysis of chark melting of solid fuel and caloric wastes;
Procurement part No. 2: Equipment for gasification of solid biofuel with power generator;
Procurement part No. 3: Equipment for identification of resistance of plastics against solvents;
Procurement part No. 4: Equipment for Determination of Vicat Softening Temperature of Thermoplastics.
10. The detailed specification of the procurement object that is demanded by the Contracting Authority is presented in technical specification appended hereto as Annex 4. Alternative tender offers are not acceptable. If Supplier submits an alternative tender offer, the latter as well as the original tender offer shall be rejected.
11. Delivery term of the equipment: the equipment indicated in procurement parts No. 1 and No. 2 shall be delivered not later than within 3 months after signing the procurement contract; the equipment indicated in procurement parts No. 3 and No. 4 shall be delivered not later than within 4 months after signing the procurement contract. The term of performance of contractual obligations may be extended once for not longer than two-months term by mutual written agreement of both parties and such an extension shall not be considered substantial change of the conditions of contract. Place of the delivery of the Equipment – Breslaujos str. 3, 44403 Kaunas.
III.REQUIREMENTS FOR THE QUALIFICATION OF SUPPLIERS
12. The Supplier, taking part in tender, shall meet the following minimum qualification requirements:
Table 1. General requirements for the Suppliers’ qualification
No. / Qualification requirements / Documents verifying compliance with the qualification requirements12.1 / 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.
12.2 / The Supplier is not bankrupt or being liquidated, it has not entered into peace agreement with creditors or suspended or limited its operations or is not in any analogous or similar situation under national laws of the country the Supplier is registered in. It is not the subject of restructuring, bankruptcy proceedings or out of court proceedings for a declaration of bankruptcy or is not seeking for compulsory liquidation procedure or for an agreement with creditors or any analogous proceedings under the laws in the country of its registration. / 1) A document (the original or a duly certified copy*) issued by the State Enterprise Centre of Registers or a relevant foreign authority confirming that the Supplier is not bankrupt, liquidated, is not the subject of restructuring, bankruptcy proceedings or out of court bankruptcy proceedings, is not seeking for compulsory liquidation procedure or for an agreement with creditors, or an extract from court decision 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 offer such a document shall be deemed acceptable.
2) Supplier‘s Declaration (Annex 3*) confirming that the Supplier has not entered into a peace agreement with creditors or suspended or limited its operations, or a document issued by a relevant foreign authority confirming that the Supplier has not entered into peace agreement with the creditors or suspended or limited its operations or is not in any analogous or similar situation under the laws of the country of its registration, or if the relevant country does not issue the above mentioned document or if the same document does not cover all raised issues, a declaration on oath or an official declaration.
Scanned document in electronic format shall be submitted.
12.3 / The Supplier has fulfilled all obligations relating to the payment of taxes. / 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.
12.4 / The Supplier is registered according to the procedures established by the laws and has the right to manufacture or/and supply the equipment, devices and apparatus for performance of measurement, test and control. / Confirmed (signed and sealed by the head of legal entity) copy of registration certificate of the Supplier’s organization (enterprise or establishment) or other documents (original or confirmed copy*), evidencing the right of the Supplier to perform corresponding activity (certificate, issued by public authority or other professional activity register manager, if any) or declaration evidencing that Supplier has the right to perform corresponding activity.
Scanned document in electronic format shall be submitted.
Table 2
Requirements for economical and financial condition, technical and professional ability:
No. / Qualification requirements / Documents verifying compliance with the qualification requirements12.5 / 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 the equipment for analysis of various physical parameters which total value is:
Procurement part no. 1 – not less than 135.000 LTL;
Procurement part no. 2 - not less than 70.000 LTL;
Procurement part no. 3 - not less than 65.000 LTL;
Procurement part no. 4 - not less than 75.000 LTL.
If the Supplier submits tender offer for several or all procurement parts – not less than the highest value of the above–mentioned values applicable for procurement part the Supplier submits his tender offer. / The list of completed contracts indicating the client, equipment provided, total value of the contract, date of signature and accomplishment of the contract, contacts of the client and present his proper contract performance feedback. The document provided shall be signed by the Supplier or a person authorized and sealed (if any).
Scanned document in electronic format shall be submitted.
12.6 / The Supplier shall secure servicing and maintenance of the offered equipment within the warranty period. The Supplier shall be able/authorized by manufacturer to do servicing and maintenance of the offered equipment or has signed contract for all the warranty service period with an economic entity (legal/natural person) meeting the above-mentioned conditions. / Duly confirmed copies of the documents, proving that the Supplier has the right, authorized by manufacturer, to provide warranty service. If the Supplier has not authorized technical servicing center for the offered equipment, the Supplier shall submit a copy of the signed contract for all the warranty service period with providing the above-mentioned technical servicing.
The list of warranty services for offered equipment, indicating its title and address (center of service).
The certificate or other document (original or confirmed copy) about the Supplier’s potential to perform warranty service.
Scanned document in electronic format shall be submitted.
*Notes:
1)Duly certified copy means that the copy of the scanned document submitted in electronic format is confirmed with the secure electronic signature. The Contracting Authority shall be entitled to request for the originals of the documents.
2) 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.
13. In lieu of the documents specified in paragraphs 12.1, 12.2 and 12.4 of the conditions of tender, the Supplier may provide a duly certified copy of the certificate issued by the Public Procurement Office or by a competent foreign authority, when the certificate issued by the latter confirms compliance with the above-mentioned requirements. Scanned document in electronic format shall be submitted. The Contracting Authority shall be entitled to request for the original of the certificate.
14. 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 paragraphs 12.1-12.3 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 requirements indicated in paragraphs 12.4-12.6 of the conditions of tender and provide the required documents.
15. If the supplier intends to use co-suppliers, the co-suppliers must comply with the qualification requirements specified in paragraphs 12.1 and 12.2 of the conditions of tender and submit the relevant documents.
16. Supplier shall submit in his tender offer Supplier‘s Declaration of Honesty in the form approved by the Order No. 4-706 of 30 September 2011 of the Minister of the Economy of the Republic of Lithuania (Annex 2 of the conditions of tender). In case the group of legal entities submits common tender offer, each member of the afore-mentioned group shall sign and submit Supplier‘s Declaration of Honesty.