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Dossier 663-3 - Гродненская областная клиническая больница

1. 2015 01 Page 12 of 70 SPECIAL CONDITIONS CONTENTS Article 2 Language of the GT Ia ERE REC 14 Article 4 a A Mx M ELM oe 14 Article Supply Ol IS dada ass cap aaa ERR nova 14 Afticle Assistance with Tocal TORU ALI ONS 14 Artele 0 14 Article 1s Performance p ara t RN E 14 Article 12 15 Article 13 Programme Of implementation of CASS Maced alee hee 15 Article 14 Contractors Ara wim 15 Ar cl l5 SUMICIONCY Ob tender Prices eai malesu lint 15 Artcle L7 Patents and TCeneesz A aa 15 9 Commencement o
2. 10 DAP Delivered At Place Incoterms 2010 International Chamber of Commerce http www iccwbo org incoterms 2015 01 Page 11 of 70 2 Origin The rules of origin of the goods are defined in Article 10 of the Special Conditions A certificate of origin for the goods must be provided by the Contractor at the latest when it requests provisional acceptance of the goods Failure to comply with this condition may result in the termination of the contract 3 Price 3 1 The price of the supplies shall be that shown on the financial offer specimen in Annex IV The total maximum contract price shall be euros 3 2 Payments shall be made in accordance with General and or Special Conditions Articles 26 and 28 4 Order of precedence of contract documents The contract is made up of the following documents in order of precedence the contract agreement the Special Conditions the General Conditions Annex I the Technical specifications Annex II including clarifications before the deadline for submission of tenders and minutes from the information meeting site visit the Technical offer Annex III including clarificat
3. 1 IV V For Contracting Authority Endorsed for financing by the European Union only in case of preliminary control Name Job title Signature Date
4. lt gt IPBU 03 01 00 20 663 11 03 1 1 1 1 2 7 2 4 1
5. Anatomical M mode Color M mode presence Pulse Inversion Harmonic imaging presence Spectral doppler presence F f Velocity Color Doppler Mode presence Continuous Wave Doppler CW presence f Maximum CW velocity not less than 16 m sec Color Doppler Mode presence 1 2 10 Directional Power Doppler Mode presence Imaging modes Autoangle presence 1 2 11 Freehand 3D presence 1 2 12 4D mode possibility 1 2 13 Automatic picture settings one button for a specific examined organ presence 1 2 14 Trapezoidal scanning mode using linear probes presence 1 2 15 The angle of the display in the Virtual Convex scanning using linear probes not less than 20 degrees 1 2 16 The technology of automatic analysis of the intima media of the vessel wall and calculating the risk factors for cardiovascular diseases possibility 1 2 17 Filter ultrasound image with an algorithm similar to the technology of magnetic resonance imaging which includes a three level filtering objects textures and pixels presence 1 2 18 Ultrasound technology combining data from different frequency bands of the acoustic image forming dense contrast and a better degree of penetration presence Tissue Doppler Imaging TDI presence Tissue Doppler Wave TDW presence Color Doppler Mode presence 1 2 20 The technology to produce high homogeneity image d
6. Tf the tender has been submitted by a consortium the nationalities of all the consortium members must be eligible 2015 01 Page 55 of 60 EVALUATION GRID Lot 1 Contract title SUPPLY DELIVERY OF THE MEDICAL EQUIPMENTS FOR GRODNO REGIONAL CLINICAL HOSPITAL Publication reference IPBU 03 01 00 20 663 11 03 Name of Tenderer Rules of origin A E Subcontracting statement Other technical Justification 5 A n 5 i gt respected E 2 S D DS 1n accordance with art 6 requirements in tender E notes m 5 8 lt 2 a S gt of the General dossier S Y N BS E 8 BE Lak EE D cM X dx Qm Ese Conditions c E BO qe 895 proe Yes No Not SE 5 o A v Y N applicable as T 2 his d oS ES 3 o5 UM 9 amp eg o 5 E 2 E Os zb 5 E Ej S 9 N 1 2 3 4 Evaluator s name amp signature Evaluator s name amp signature Evaluator s name amp signature Date 12 The selection criteria in the previous section of this form have to be met before the technical requirements are assessed 2015 01 Page 56 of 60 EVALUATION GRID Lot no 2 Contract title SUPPLY DELIVERY OF THE MEDICAL EQUIPMENTS FOR GRODNO REGIONAL CLINICAL HOSPITAL Publication reference IPBU 03 01 00
7. Evaluator s name amp signature Evaluator s name amp signature Evaluator s name amp signature Date 15 The selection criteria in the previous section of this form have to be met before the technical requirements are assessed 2015 01 Page 59 of 60 PROVISIONAL FINAL ACCEPTANCE CERTIFICATE REF Contract Title SUPPLY DELIVERY OF THE MEDICAL EQUIPMENTS FOR GRODNO REGIONAL CLINICAL HOSPITAL Contractor Beneficiary esie Description Spare Parts Consumable Manuals Training o as gt N LL Provisional All of the above mentioned items have been delivered installed tested and found compliant with the Technical Specifications of the supply contract Final The Supplier has remedied any defect or damage occurred during the warranty period as specified in the contract gt gt gt Date of acceptance The Contractor The Beneficiary Name Name 51 51 The Project Manager Contracting Authorit Name 51 2015 01 Page 60 of 60 TENDER DOSSIER IPBU 03 01 00 20 663 11 03 PART D TENDER FORM FOR A SUPPLY CONTRACT 2015 1 Page 1 of 70 Dossier 663 3 docx D TENDER FORM FOR A SUPPLY CONTRACT Publication reference
8. 1 2 2 3 7 4 2 52 230017 45 13 16457 2 1 2 1 3 1 4
9. BANK STAMP SIGNATURE OF BANK REPRESENTATIVE DATE SIGNATURE OF ACCOUNT HOLDER Both obligatory Obligatory Itis preferable to attach a copy of recent bank statement Please note that the bank statement has to provide all the information listed above under ACCOUNT NAME and In this case the stamp of the bank and the signature of the bank s representative are not required The signature of the account holder is obligatory in all cases 2015 01 Page 53 of 60 2015 01 TENDER DOSSIER IPBU 03 01 00 20 663 11 03 PART C PROVISIONAL FINAL ACCEPTANCE ADMINISTRATIVE COMPLIANCE GRID EVALUATION GRID CERTIFICATE Page 54 of 60 ADMINISTRATIVE COMPLIANCE GRID Contract title SUPPLY DELIVERY OF THE MEDICAL EQUIPMENTS FOR GRODNO REGIONAL CLINICAL HOSPITAL Publication reference IPBU 03 01 00 20 663 11 03 Tender envelope Name of Tenderer Is tenderer Is documentation Is language as Is tender submission Is tenderer s declaration Other administrative Overall decision number consortium complete required form complete signed by all consortium requirements of the tender ST RI Accept Reject nationality eligible members if a dossier Y N Y N Y N YIN consortium Yes No Yes No Not eile Not Applicable 1 2 3 4 5 6 7 Chairperson s name Chairperson s signature Date
10. 2 units in 4 four Lot s as per Annex II Technical Specifications to the Grodno Regional Clinic Hospital based on INCOTERMS 2010 DAP Grodno following address Republic of Belarus Grodno Puchkova St 13 Customs clearance point No 16457 Grodno GAP 2 to GRCH warehouse 52 Boulvar Leninskogo Komsomola Grodno Republic of Belarus at not exceeding 45 fourty five days for Lots No 1 4 in accordance with point 19 of the Special Conditions 1 2 The supplies must comply fully with the technical specifications set out in the tender dossier technical annex and conform in all respects with the drawings quantities models samples measurements and other instructions 1 3 The supplies described under lot s No 1 4 must be accompanied by an additional lot consisting of spare parts and or consumables The unit price overall price of spare parts will not influence the evaluation of the tenders except where they vary substantially between the tenders received Lists of spare parts must be drawn up by tenderers on the basis of their professional experience and the expected places of use they must show the unit prices of the parts calculated as specified in Article 11 below The Contracting Authority reserves the right to alter the list of spare parts any changes will appear in the contract 1 4 Tenderers are not authorised to tender for a variant solution in addition to the present tender 2 Timetable DATE TIME Clarification meeting s
11. Any preliminary technical acceptance stipulated in the Special Conditions should be the subject of a request sent by the Contractor to the Project Manager The request shall specify the materials items and samples submitted for such acceptance according to the contract and indicate the lot number and the place where acceptance is to take place as appropriate The materials items and samples specified in the request must be certified by the Project Manager as meeting the requirements for such acceptance prior to their incorporation in the supplies 24 3 Even if materials or items to be incorporated in the supplies or in the manufacture of components to be supplied have been technically accepted in this way they may still be rejected if a further examination reveals defects or faults in which case they must immediately be replaced by the Contractor The Contractor may be given the opportunity to repair and make good materials and items which have been rejected but such materials and items will be accepted for incorporation in the supplies only if they have been repaired and made good to the satisfaction of the Project Manager 25 Inspection and testing 25 1 The Contractor shall ensure that the supplies are delivered to the place of acceptance in time to allow the Project Manager to proceed with acceptance of the supplies The Contractor is deemed to have fully appreciated the difficulties which it might encounter in this respect and it shall not be
12. IPBU 03 01 00 20 663 11 03 Title of contract SUPPLY DELIVERY OF THE MEDICAL EQUIPMENTS FOR GRODNO REGIONAL CLINICAL HOSPITAL Place and date A Grodno Regional Clinical Hospital 52 Boulvar Leninskogo Komsomola Grodno 230017 Belarus One signed form must be supplied for each lot if the tender procedure is divided into lots together with the number of copies specified in the Instruction to Tenderers The form must include a signed declaration using the annexed format from each legal entity making the application Any additional documentation brochure letter etc sent with the form will not be taken into consideration Applications being submitted by a consortium i e either a permanent legally established grouping or a grouping which has been constituted informally for a specific tender procedure must follow the instructions applicable to the consortium leader and its members The attachments to this submission form i e declarations statements proofs may be in original or copy If copies are submitted the originals must be dispatched to the Contracting Authority upon request For economical and ecological reasons we strongly recommend that you submit your files on paper based materials no plastic folder or divider We also suggest you use double sided print outs as much as possible An economic operator may where appropriate and for a particular contract rely on the capacities of other entities regardless of the le
13. isoflurane sevoflurane Calculation of the minimum alveolar anaesthetic concentration adjusted for age taking into account the presence of several anaesthetics in the gas mixture and the concentration of nitrous oxide 6 The availability of electronic VU meters Presence of an electronic Page 36 of 70 2015 01 with the needs of the user The user should be able to set automatic alarm limits in accordance with the current monitoring parameters 2 Priority levels of audible and visual alarms alarm warning advice Acoustic and visual alarm system for all monitored parameters of respiratory gas and technological 3 Alarm in case of failure of sensors circuit depressurization and the difference between inhalation and exhalation in anaesthesia and respiratory devices MV gt 25 4 Adjustable volume of the alarm Ability to suppress the audible alarm for 2 minutes except alarm failure in the supply of oxygen 5 Vacuum aspirator should be fixed on the base station of the apparatus consist of two tanks for collecting secretion baskets for fixing tanks vacuum regulator with pressure gauge hose connection to medical gases bacteria filter each of the containers for collecting secretions should be toughened at least 700 ml capacity and resistant to disinfection treatment at 134 aspirator drive should be carried out from a centralized vacuum routing created underpressure at least 0 9 bar with a possibility
14. the Contractor shall return to the Project Manager all drawings specifications and other contract documents 7 2 Unless it is necessary for the purposes of the contract the drawings specifications and other documents provided by the Project Manager shall not be used or communicated to a third party by the Contractor without the prior consent of the Project Manager 7 3 The Project Manager shall have authority to issue to the Contractor administrative orders incorporating such supplementary documents and instructions as are necessary for the proper execution of the contract and the remedying of any defects therein 7 4 The special conditions must indicate the procedure used if necessary by the Contracting Authority and the Project Manager to approve drawings and other documents provided by the Contractor 8 Assistance with local regulations 8 1 The Contractor may request the assistance of the Contracting Authority in obtaining copies of laws regulations and information on local customs orders or bye laws of the country where the supplies are to be delivered which may affect the Contractor in the performance of his obligations under the contract The Contracting Authority may provide the assistance requested to the Contractor at the Contractor s cost 8 2 If necessary the Contractor shall duly notify the Contracting Authority of details of the supplies so that the Contracting Authority can obtain the requisite permits or import licences 8 3 If neces
15. the term force majeure means acts of God strikes lockouts or other industrial disturbances acts of the public enemy wars whether declared or not blockades insurrection riots epidemics landslides earthquakes storms lightning floods washouts civil disturbances explosions and any other similar unforeseeable events which are beyond the Parties control and cannot be overcome by due diligence 38 3 Notwithstanding the provisions of Articles 21 and 36 the Contractor shall not be liable to forfeiture of his performance guarantee liquidated damages or termination for default if and to the extent that his delay in implementation of the tasks or other failure to perform his obligations under the contract is the result of an event of force majeure Nor notwithstanding the provisions of Articles 28 and 37 shall the Contracting Authority be liable for the payment of interest on delayed payments for non implementation of tasks or for termination by the Contractor for default if and to the extent that the Contracting Authority s delay or other failure to perform its obligations is the result of force majeure 38 4 If either Party considers that any circumstances of force majeure have occurred which may affect performance of its obligations it shall promptly notify the other Party and the Project Manager giving details of the nature the probable duration and the likely effect of the circumstances Unless otherwise directed by the Project Manage
16. 3 3 of the Practical Guide are excluded from participation in and the award of contracts Tenderers must provide declarations that they are not in any of these exclusion situations The declarations must cover all the members of a joint venture consortium Tenderers who make false declarations may also incur financial penalties and exclusion in accordance with section 2 3 4 of the Practical Guide The exclusion situations referred to above also apply to subcontractors When requested by the Contracting Authority tenderers contractors must submit declarations from the intended subcontractors that they are not in any of the exclusion situations In cases of doubt over declarations the Contracting Authority will request documentary evidence that subcontractors are not in a situation that excludes them To be eligible to take part 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 means to carry out the contract effectively Where tenders include subcontracting it is recommended that the contractual arrangements between tenderers and their subcontractors include mediation according to national and international practices as a method of dispute resolution Origin Unless otherwise provided in the contract all goods purchased under the contract must originate in a Member State of the European Union or in a country or t
17. 36 Assignees must satisfy the eligibility criteria applicable for the award of the contract and they can not be in any of the situations excluding them from participating in contracts which are listed in Section 2 3 3 of the Practical Guide to contract procedure for EC external actions 6 Subcontracting 6 1 A subcontract shall be valid only if it is a written agreement by which the Contractor entrusts implementation of a part of the tasks to a third party 6 2 The Contractor shall not subcontract without the prior written authorisation of the Contracting Authority The elements of the contract to be subcontracted and the identity of the subcontractors shall be notified to the Contracting Authority The Contracting Authority shall notify the Contractor of its decision within 30 days of receiving the notification stating its reasons if authorisation is withheld 6 3 Subcontractors must satisfy the eligibility criteria applicable for the award of the contract and they can not be in any of the situations excluding them from participating in contracts which are listed in Section 2 3 3 of the Practical Guide to contract procedure for EC external actions 2015 01 Page 19 of 70 6 4 The Contracting Authority recognises contractual link between itself and the subcontractors 6 5 The Contractor shall be responsible for the acts defaults and negligence of his subcontractors and their agents or employees as if they were the acts defaults or negligen
18. If the tenderer does not accept them its tender will be rejected Variant solutions Variant solutions will not be taken into consideration Award criteria The sole award criterion will be the price The contract will be awarded to the lowest compliant tender Signature of the contract and performance guarantee The successful tenderer will be informed in writing that its tender has been accepted notification of award Before the Contracting Authority signs the contract with the successful tenderer the successful tenderer must provide the documentary proof or statements required under the law of the country in which the company or each of the companies in case of a consortium is established to show that it is not in any of the exclusion situations listed in section 2 3 3 of the Practical Guide This evidence or these documents or statements must carry a date not earlier than one year before the date of submission of the tender In addition a statement must be provided that the situations described in these documents have not changed since then The successful tenderer must also provide evidence of financial and economic standing and technical and professional capacity according to the selection criteria for this call for tenders specified in the contract notice point 16 The documentary proofs required are listed in section 2 4 11 of the Practical Guide If the successful tenderer fails to provide the documentary proof or statement or the evide
19. and lt Contractor s full name gt Legal status job title Official registration number Full address TIN Contractor on the other part have agreed as follows CONTRACT S NAME SUPPLY DELIVERY OF THE MEDICAL EQUIPMENTS FOR GRODNO REGIONAL CLINICAL HOSPITAL Identification number IPBU 03 01 00 20 663 11 03 1 Subject of the contract 1 1 The subject of the contract shall be the supply delivery installation commissioning maintenance by the Contractor of the following supplies Anaesthesia respiratory high class apparatus with gas and hemodynamic monitoring 1 unit Transport ventilation device 2 units Nasofaringolaryngofibroscopes 7 units Portable ultrasound apparatus of high class for general studies including vascular and obstetric and gynecological studies 2 units in 4 four Lot s as per Annex II Technical Specifications Lot No ITEM DISCRIPTION Quantity 1 Anaesthesia respiratory high 1 class apparatus with gas and hemodynamic monitoring Lot No ITEM DISCRIPTION Quantity 2 Transport ventilation device 2 Lot ITEM DISCRIPTION Quantity No 3 Nasofaringolaryngofibroscopes 7 Lot No ITEM DISCRIPTION Quantity 4 Portable ultrasound apparatus 2 of high class for general studies including vascular and obstetric and gynecological studies The place of acceptance of the supplies shall be Grodno Regional Clinic Hospital 52 B
20. and proper implementation of the tasks and to have included in his rates and prices all costs related to the supplies in particular a the costs of transport the costs of handling packing loading unloading transit delivery unpacking checking insurance and other administrative costs in connection with the supplies The packaging shall be the property of the Contracting Authority unless otherwise provided in the Special Conditions c the cost of documents relating to the supplies where such documents are required by the Contracting Authority d execution and supervision of on site assembly and or commissioning of the delivered supplies e furnishing of tools required for assembly and or maintenance of the delivered supplies furnishing of detailed operation and maintenance manuals for each unit of the delivered supplies as specified in the contract f supervision or maintenance and or repair of the supplies for a period of time stated in the contract with the stipulation that this service shall not release the Contractor from any warranty obligations under the contract h training of Contracting Authority s personnel at Contractor s factory and or elsewhere as specified in the contract 15 2 Since the Contractor is deemed to have determined its prices on the basis of its own calculations operations and estimates it shall at no additional charge carry out any work that is the subject of any item in its tender for w
21. any appearance of being a front company 23 12 The Contractor undertakes to supply the Commission on request with all supporting documents relating to the conditions of the contract s execution The Commission may carry out whatever documentary or on the spot checks it deems necessary to find evidence in cases of suspected unusual commercial expenses 23 13 Contractors found to have paid unusual commercial expenses on projects funded by the EU are liable depending on the seriousness of the facts observed to have their contracts terminated or to be permanently excluded from receiving EU funds 23 14 The Contracting Authority reserves the right to suspend or cancel the procedure if the award procedure proves to have been subject to substantial errors irregularities or fraud Where such substantial errors irregularities or fraud are discovered after the award of the Contract the Contracting Authority may refrain from concluding the Contract 24 Cancellation of the tender procedure If a tender procedure is cancelled tenderers will be notified by the Contracting Authority If the tender procedure is cancelled before the tender opening session the sealed envelopes will be returned unopened to the tenderers Cancellation may occur for example if e the tender procedure has been unsuccessful namely where no qualitatively or financially worthwhile tender has been received or there has been no valid response at all e economic or techni
22. be paid any additional expenses if the suspension 15 a dealt with differently in the contract or b necessary by reason of normal climatic conditions at the place of acceptance or c necessary owing to some default of the Contractor or d necessary for the safety or the proper execution of the contract or any part thereof insofar as such necessity does not arise from any act or default by the Project Manager or the Contracting Authority 23 4 The Contractor shall not be entitled to such additions to the contract price unless it notifies the Project Manager within 30 days of receiving the order to suspend progress of delivery of his intention to make a claim for them 23 5 The Project Manager after consultation with the Contracting Authority and the Contractor shall determine such extra payment and or extension of the period of implementation of the tasks to be made to the Contractor in respect of such claim as shall in the opinion of the Project Manager be fair and reasonable 23 6 If the period of suspension exceeds 180 days and the suspension is not due to the Contractor s default the Contractor may by notice to the Project Manager request to proceed with the supplies within 30 days or terminate the contract 23 7 Where the award procedure or implementation of the contract is vitiated by substantial errors or irregularities or by fraud the Contracting Authority shall suspend execution of the contract Where such errors irregulari
23. comments on its proposed supply and to make eventual references to the documentation The eventual documentation supplied should clearly indicate highlight mark the models offered and the options included if any so that the evaluators can see the exact configuration Offers that do not permit to identify precisely the models and the specifications may be rejected by the evaluation committee The offer must be clear enough to allow the evaluators to make an easy comparison between the requested specifications and the offered specifications 1 2 3 4 5 Item Specifications Required Specifications Offered Notes remarks Evaluation Number ref to documentation Committee s notes 1 i Anaesthesia respiratory high class apparatus with gas and hemodynamic monitoring 1 unit Offer anaesthesia apparatus designed for low flow and minimal flow anaesthesia for patients of all ages The device should provide a gas mixture of O2 0 AIR anaesthetic agents and supplying of gas mixture to the patient in defined proportions regardless of the speed of fresh gas in the an integrated monitor of gas composition and respiratory parameters compact breathing system with the necessary connectors and heating removing exhausted anaesthetic gases built in battery high pressure hoses Air O2 Reusable silicone patient circuit for adults and pediatric ones with a set of masks 1 pc each 2015 01 Page 33 of 70 Di
24. contract 31 Provisional acceptance 31 1 The supplies shall be taken over by the Contracting Authority when they have been delivered in accordance with the contract have satisfactorily passed the required tests or have been commissioned as the case may be and a certificate of provisional acceptance has been issued or is deemed to have been issued 31 2 The Contractor may apply by notice to the Project Manager for a certificate of provisional acceptance when supplies are ready for provisional acceptance The Project Manager shall within 30 days of receipt of the Contractor s application either issue the certificate of provisional acceptance to the Contractor with a copy to the Contracting Authority stating where appropriate his reservations and inter alia the date on which in his opinion the supplies were completed in accordance with the contract and ready for provisional acceptance or reject the application giving his reasons and specifying the action which in his opinion is required of the Contractor for the certificate to be issued Should exceptional circumstances make it impossible to proceed with the acceptance of the supplies during the period fixed for provisional or final acceptance a statement certifying such impossibility shall be drawn up by the Project Manager after consultation where possible with 31 3 the Contractor The certificate of acceptance or rejection shall be drawn up within 30 days following the date
25. discount of or in the event of our being awarded Lot and Lot This tender is valid for a period of 90 days from the final date for submission of tenders If our tender is accepted we undertake to provide a performance guarantee as required by Article 11 of the Special Conditions Our firm company and our subcontractors has have the following nationality We are making this tender in our own right as member in the consortium led by name of the leader ourselves We confirm that we are not tendering for the same contract in any other form We confirm as a member in the consortium that all members are jointly and severally liable by law for the Page 1 of 70 Dossier 663 3 docx 10 11 12 13 14 execution of the contract that the lead member is authorised to bind and receive instructions for and on behalf of each member that the execution of the contract including payments is the responsibility of the lead member and that all members in the joint venture consortium are bound to remain in the joint venture consortium for the entire period of the contract s execution We are not in any of the situations excluding us from participating in contracts which are listed in section 2 3 3 of the Practical Guide to contract procedures for EU external actions In the event that our tender is successful we undertake if required to provide the proof usual under the law of the country
26. five years from the time when the infringement is established as confirmed after an adversarial procedure with the Contractor The Contractor may present his arguments against this penalty within 30 days of notification of the penalty by registered letter with acknowledgement of receipt or any equivalent means In the absence of any reaction on the part of the Contractor or of withdrawal of the penalty by the Commission within 30 days of receipt of the Contractor s arguments against it the decision imposing the penalty shall become enforceable That period may be increased to ten years in the event of a repeat offence within five years of the first infringement 42 2 If the Contractor is found to have seriously failed to meet its contractual obligations it shall incur financial penalties representing 2 10 of the total value of the contract in question That rate may be increased to 4 20 in the event of a repeat offence within five years of the first infringement 42 3 Where after the award of the contract the award procedure or the performance of the contract prove to have been subject to substantial errors irregularities or fraud and where this is attributable to the Contractor the Contracting Authority may refuse to make payments may recover amounts already paid or may terminate all the contracts concluded with this Contractor in proportion to the seriousness of the errors irregularities or fraud 2015 01 Page 31 of 70 43 Checks and audi
27. in which we are established that we do not fall into these exclusion situations The date on the evidence or documents provided will be no earlier than 1 year before the date of submission of the tender and in addition we will provide a statement that our situation has not altered in the period which has elapsed since the evidence in question was drawn up We also undertake if required to provide evidence of financial and economic standing and technical and professional capacity according to the selection criteria for this call for tender specified in the contract notice point 16 The documentary proofs required are listed in Section 2 4 11 of the Practical Guide We also understand that if we fail to provide the proof evidence required within 15 calendar days after receiving the notification of award or if the information provided is proved false the award may be considered null and void We agree to abide by the ethics clauses in Clause 23 of the instructions to tenderers and in particular have no conflict of interests or any equivalent relation in that respect with other tenderers or other parties in the tender procedure at the time of the submission of this application We will inform the Contracting Authority immediately if there is any change in the above circumstances at any stage during the implementation of the tasks We also fully recognise and accept that any inaccurate or incomplete information deliberately provided in this applicatio
28. occur automatically without the participation of staff and accompanied by the following measurements the amount of leakage from the circuit the magnitude of circuit pliability of the system O2 sensor calibration calibration of flow sensors sensor calibration of the airway pressure lack of occlusion test the presence of gas pressure on the apparatus inlet a test of the safety valve the test of electronics fan analyzer sensor the test of alarm speaker volume the presence absence of the power supply and built in battery capacity condition Test results must be displayed and be available for viewing at any time without interrupting the anaesthesia and ventilation 1 6 The device must have built in autonomous power supply providing automatic switching in the event of power failure Battery life when fully charged at least four hours 1 Built in analyzer unit must ensure monitoring the concentration of oxygen due to the presence of paramagnetic non consumable sensor 1 8 The device pneumatic system should have an opportunity of anaesthesia continuation in the absence of mains voltage and battery voltage 2015 01 Page 34 of 70 2015 01 The device must have a controlled emergency oxygen supply With the adjustment of the oxygen flow in the range of 0 12 1 min the use of a controlled emergency supply should not lead to a change in the concentration of supply in the anaesthetic breathing circuit or interrupt t
29. permitted to advance any grounds for delay 25 2 The Project Manager shall be entitled from time to time to inspect examine measure and test the components materials and workmanship and check the progress of preparation fabrication or manufacture of anything being prepared fabricated or manufactured for delivery under the contract in order to establish whether the components materials and workmanship are of the requisite quality and quantity This shall take place at the place of manufacture fabrication preparation or at the place of acceptance or at such other places as may be specified in the Special Conditions 25 3 For the purposes of such tests and inspections the Contractor shall a provide the Project Manager temporarily and free of charge with such assistance test samples or parts machines equipment tools labour materials drawings and production data as are normally required for inspection and testing b agree with the Project Manager the time and place for tests c give the Project Manager access at all reasonable times to the place where the tests are to be carried out 25 4 If the Project Manager is not present on the date agreed for tests the Contractor may unless otherwise instructed by the Project Manager proceed with the tests which shall be deemed to have been made in the Project Manager s presence The Contractor shall immediately send duly certified copies of the test results to the Project Manager who s
30. situation For the purposes of this provision corrupt practices are the offer of a bribe gift gratuity or commission to any person as an inducement or reward for performing or refraining from any act relating to the award of a contract or implementation of a contract already concluded with the Contracting Authority 4 11 Such unusual commercial expenses are commissions not mentioned in the main contract or not stemming from a properly concluded contract referring to the main contract commissions not paid in return for any actual and legitimate service commissions remitted to a tax haven commissions paid to a recipient who is not clearly identified or commissions paid to a company which has every appearance of being a front company 41 12 The Contractor undertakes to supply the Commission on request with all supporting documents relating to the conditions of the contract s execution The Commission may carry out whatever documentary or on the spot checks it deems necessary to find evidence in cases of suspected unusual commercial expenses 42 Administrative and financial penalties 42 Without prejudice to the application of penalties laid down in the contract a Contractor who has been guilty of making false declarations has made substantial errors or committed irregularities and fraud or has been found in serious breach of its contractual obligations may be excluded from all contracts and grants financed by the EU budget or EDF for a maximum of
31. the Inspector on Radiological Safety of the Contracting Authority Supplies must be provided with a consignment note and specification for the equipment and component parts delivered Assistance with local regulations Assistance with local regulations will be provided by the Beneficiary The equipment should be resistant to bacterial purification pursuant to the sanitary norms and rules existing in the Republic of Belarus Article 10 Origin 10 1 goods purchased must originate in a Member State of the European Union or a country covered by the CROSS BORDER COOPERATION PROGRAMME WITHIN THE EUROPEAN NEIGHBOURHOOD AND PARTNERSHIP INSTRUMENT POLAND BELARUS UKRAINE For these purposes origin means the place where the goods are mined grown produced or manufactured and or from which services are provided The origin of the goods must be determined according to the EU Customs Code or to the relevant international agreement applicable http ec europa eu taxation customs customs customs duties rules origin index en htm http www pl by ua eu contract php id 82 Article 11 Performance guarantee 2015 01 No performance guarantee is required Page 14 of 70 Article 12 Insurance No special requirements for insurance Insurance is made in accordance with Incoterms 2010 Delivery cargo on terms DAP Grodno Article 13 Programme of implementation of tasks 13 2 The delivery of the product will start from the date of the signing o
32. the main screen Oxygen flow rate to the actuator not more than 1 1 min Alarm messages of main ventilation parameters At time of switch to centralized oxygen line device has to stop automatically consume oxygen from portable cylinder Device has to be safely and ergonomically placed in ambulance car with charging of internal battery Additional O2 flowmeter must be used to control the flow of oxygen in inhalation can be connected to oxygen masks or manul breathing bag Oxygen humidifier with built in flowmeter should provide a robust high pressure reduction with continuously variable flow of oxygen delivered to the patient in the range of 1 to 16 liters to join the oxygen mask or bag AMBU supplied The fill volume of humidifier unit must not exceed 230 ml Relative humidity of the mixture supplied to the patient should be in the range of 45 70 at a flow of 6 1 min All or parts of the oxygen inhaler should be easily disassembled resistant to numerous cycles of disinfection and autoclaving at a temperature of not lower than 134 C NOTE this requirements of technical specifications define the level of diagnostic capability and system class the discrepancy one of them will result in rejection of the bid implementation of these points as more important in the terms of reference for comparison with others 2015 01 Page 42 of 60 ANNEXII for LOT 3 TECHNICAL SPECIFICATIONS TECHNI
33. to reduce expenditure to a minimum 36 3 In the event of termination the Project Manager shall as soon as possible and in the presence of the Contractor or his representatives or having duly summoned them draw up a report on the supplies delivered and the work performed and take an inventory of the materials supplied and unused A statement shall also be drawn up of monies due to the Contractor and of monies owed by the Contractor to the Contracting Authority as at the date of termination of the contract 36 4 The Contracting Authority shall not be obliged to make any further payments to the Contractor until the supplies are completed whereupon the Contracting Authority shall be entitled to recover from the Contractor the extra costs if any of providing the supplies or shall pay any balance due to the Contractor prior to the termination of the contract 36 5 If the Contracting Authority terminates the contract it shall be entitled to recover from the Contractor any loss it has suffered under the contractual conditions set out in Article 2 of the Special Conditions 36 6 This contract shall be automatically terminated if it has given risen to no payment in the three years following its signing 36 7 The Contracting Authority may at any time and after giving the Contractor seven days notice terminate the contract in addition to what is already provided for in Article 36 1 36 9 Where the termination is not due to an act or omission of the C
34. user should Page 37 of 70 2015 01 have the ability to manually adjust the size of the scale for each of the parameters while using a network monitor the function of the trend memory should include the ability to print reports on the central printer for user selectable time intervals Monitor should have the function of short graphic trends 60 minutes located on a split screen colour coded similar to the colour of the monitored parameter multiplicity trend update 1 times per minute 4 The monitor should have a hierarchical system of audio visual and text messages on alarms and warnings for all monitored parameters 5 The monitor should have built in power supply with autonomous guaranteed service life of at least 180 minutes the monitor should be provided with information on the state of charge of the battery 6 The configuration of the monitor should involve the use in both the operating room and in hospital transportation from operating room to the IC chamber 7 Installation of the monitor on the anaesthesia and respiratory device should automatically connect to the power supply and the monitor network ECG and heart rate monitoring 1 ECG monitoring in the standard leads II with the ability to expand the number of leads to 12 2 A choice of amplitude graph ECG and EKG velocity curve selection chart ECG amplitudes of at least six from 0 25 to 8 mV cm and velocity analysis of the ECG waveform segmen
35. variation As soon as possible after receiving such notice the Contractor shall submit to the Project Manager a proposal containing a description of the tasks if any to be performed the measures to be taken and a programme of implementation of the tasks any necessary modifications to the programme of implementation of the tasks or to any of the Contractor s obligations under the contract 2015 01 Page 23 of 70 any adjustment to the contract price in accordance with the rules set out in Article 22 22 5 Following the receipt of the Contractor s submission referred to in Article 22 4 the Project Manager shall after due consultation with the Contracting Authority and where appropriate the Contractor decide as soon as possible whether or not the variation should be carried out If the Project Manager decides that the variation is to be carried out he she shall issue an administrative order stating that the variation is to be made at the prices and under the conditions given in the Contractor s submission referred to in Article 22 4 or as modified by the Project Manager in accordance with Article 22 6 22 6 The prices for all variations ordered by the Project Manager in accordance with Articles 22 3 and 22 5 shall be ascertained by the Project Manager in accordance with the following principles where the task is of similar character and implemented under similar conditions to an item priced in the budget breakdown it shall be
36. 015 1 Page 56 of 70 Dossier 663 3 docx O wo 2015 1 TENDERER S DECLARATION S As part of their tender each legal entity identified under point 1 of this form including every consortium member must submit a signed declaration using this format The declaration may be in original or in copy If copies are submitted the originals must be dispatched to the Contracting Authority upon request In response to your letter of invitation to tender for the above contract we the undersigned hereby declare that We have examined and accept in full the content of the dossier for invitation to tender No IPBU 03 01 00 20 663 11 03 of 11 08 2015 We hereby accept its provisions in their entirety without reservation or restriction We offer to deliver in accordance with the terms of the tender dossier and the conditions and time limits laid down without reserve or restriction Lot 1 description of supplies with indication of quantities and origin Lot 2 description of supplies with indication of quantities and origin Lot 3 description of supplies with indication of quantities and origin Lot 4 description of supplies with indication of quantities and origin Etc The price of our tender excluding spare parts and consumables if applicable excluding the discounts described under point 4 is RN OS eS E CE HE 1 PSOE TER We will grant a
37. 20 663 11 03 Name of Tenderer Rules of origin CN z E Subcontracting statement Other technical Justification 9 e s s S respected 5 dem m P in accordance with art 6 requirements in tender notes 9 2 g lt S c o of the General dossier e Y N one 3 Ses pru G 55 a E Z BY se E S 5 E ue Conditions a D BO S S 2 8 gf Yes No Not OF 5 5 5 5 29 gt 8 5 Y N applicable gt E IS 35 ex SEDES a 5 EE 15 EIS BEBO i B os D E 98 S E 8 amp 9 lt E 1 2 3 4 Evaluator s name amp signature Evaluator s name amp signature Evaluator s name amp signature Date 13 The selection criteria in the previous section of this form have to be met before the technical requirements are assessed 2015 01 Page 57 of 60 EVALUATION GRID Lot no 3 Contract title SUPPLY DELIVERY OF THE MEDICAL EQUIPMENTS FOR GRODNO REGIONAL CLINICAL HOSPITAL Publication reference IPBU 03 01 00 20 663 11 03 Name of Tenderer Rules of origin CN z E Subcontracting statement Other technical Justification 9 e s s S respected 5 dem m P in accordance with art 6 requirements in tender notes 9 2 g lt S c o of the General dossier e Y N
38. AND MODEL DAP GRODNO 10 PLACE OF ACCEPTANCE GRODNO EUROS Supply delivery of Portable ultrasound apparatus of high class for general studies including vascular obstetric and gynecological studies as per specifications in Annex II IIT Total cost Spare parts provide detailed list 10 DAP Delivered At Place Incoterms 2010 International Chamber of Commerce http www iccwbo org products and services trade facilitation incoterms 2010 the incoterms rules 2015 01 Page 51 of 60 Where the tenderer has already signed another contract with the GRCH he may provide instead of the legal entity file and its supporting documents either his legal entity number or a copy of the legal entity file and respectively instead of the financial identification form either his financial identification form number or a copy of the financial identification form provided on that occasion unless a change in his legal status and or bank account details occurred in the meantime iu LEGAL ENTITY PRIVACY STATEMENT eu budget contracls arants info contr egal entitie al cf PRIVATE COMPANY LEGAL FORM NAME S ABBREVIATION ADDRESS OF HEAD OFFICE FISCAL ADDRESS POSTCODE TOWNICITY COUNTRY VAT D PLACE OF REGISTRATION DATE OF REGISTRATION REGISTRATION PHONE E MAIL THIS LEGAL ENTITY FORM SHOULD BE COMPLETED AND RETURNED TOGETHER WITH D A COPY OF T
39. Annex C11 at the place and moment delivery 31 2 By derogation the Contractor may apply by notice to the Project Manager for a certificate of provisional acceptance when supplies are ready for provisional acceptance The Project Manager shall within 45 days of receipt of the Contractor s application either issue the certificate of provisional acceptance to the Contractor with a copy to the European Commission stating where appropriate his reservations and inter alia the date on which in his opinion the supplies were completed in accordance with the contract and ready for provisional acceptance or reject the application giving his reasons and specifying the action which in his opinion is required of the Contractor for the certificate to be issued 2015 01 Page 15 of 70 The Contracting Authority s time limit issuing the certificate of provisional acceptance to the Contactor shall not considered included in the payment time limit specified in Article 26 3 Article 32 Warranty obligations 32 6 The warranty period shall be no less than 24 months from the day of signing of the equipment acceptance certificate during this period the Contractor shall perform repairs free of charge or replace the equipment with new one The Contractor shall not be liable for damages inflicted during operation if they are caused by failure to comply with the operation manual During the warranty period the Contractor undertake
40. By submitting a tender tenderers fully and unreservedly accept the special and general conditions governing the contract as the sole basis of this tendering procedure whatever their own conditions of sale may be which they hereby waive 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 will lead to the rejection of the tender No account can be taken of any remarks in the tender relating to the tender dossier remarks may result in the immediate rejection of the tender without further evaluation These Instructions set out the rules for the submission selection and implementation of contracts financed under this call for tenders in conformity with the Practical Guide available on the Internet at http ec europa eu europeaid work procedures index_en htm 1 Supplies to be provided 11 The subject of the contract is the supply delivery installation commissioning maintenance by the Contractor of the following goods Anaesthesia respiratory high class apparatus with gas and hemodynamic monitoring 1 unit Transport ventilation device 2 units Nasofaringolaryngofibroscopes 7 units Portable ultrasound apparatus of high class for general studies including vascular and obstetric and gynecological studies
41. CAL OFFER Contract title Supply and delivery of the Nasofaringolaryngofibroscopes for GRCH p 1 Publication reference IPBU 03 01 00 20 663 11 03 Lot no 3 Column 1 2 should be completed by the Contracting Authority Column 3 4 should be completed by the tenderer Column 5 is reserved for the evaluation committee Annex III the Contractor s technical offer The tenderers are requested to complete the template on the next pages Column 2 is completed by the Contracting Authority shows the required specifications not to be modified by the tenderer Column 3 is to be filled in by the tenderer and must detail what is offered for example the words compliant or yes are not sufficient Column 4 allows the tenderer to make comments on its proposed supply and to make eventual references to the documentation The eventual documentation supplied should clearly indicate highlight mark the models offered and the options included if any so that the evaluators can see the exact configuration Offers that do not permit to identify precisely the models and the specifications may be rejected by the evaluation committee The offer must be clear enough to allow the evaluators to make an easy comparison between the requested specifications and the offered specifications 1 2 3 4 5 Item Specifications Required Specifications Offered Notes remarks Evaluation Number ref to documentation Committee s notes Nasofaringolaryngofibroscopes 7 uni
42. ETHICS CLAUSES 41 Ethic clauses 41 1 Any attempt by a candidate or tenderer to obtain confidential information enter into unlawful agreements with competitors or influence the committee or the Contracting Authority during the process of examining clarifying evaluating and comparing tenders shall lead to the rejection of his candidacy or tender 41 2 Without the Contracting Authority s prior written authorisation a Contractor and his staff or any other company with which the Contractor is associated or linked may not even on an ancillary or subcontracting basis supply other services carry out works or supply equipment for the project 41 3 This prohibition also applies to any other programmes or projects that could owing to the nature of the contract give rise to a conflict of interest on the part of the Contractor 41 4 When putting forward a candidacy or tender the candidate or tenderer shall declare that it is affected by no potential conflict of interest and has no particular link with other tenderers or parties involved in the project Should such a situation arise during execution of the contract the Contractor must immediately inform the Contracting Authority 41 5 The Contractor must at all times act impartially and as a faithful adviser in accordance with the code of conduct of his profession He shall refrain from making public statements about the project or services without the Contracting Authority s prior approval He may not commi
43. HE VAT REGISTRATION DOCUMENT IF APPLICABLE AND IF THE VAT NUMBER DOES NOT APPEAR ON THE OFFICIAL DOCUMENT REFERRED AT BELOW COPY OF SOME OFFICIAL DOCUMENT OFFICIAL GAZETTE COMPANY REGISTER ETC SHOWING THE NAME OF THE LEGAL ENTITY THE ADDRESS OF THE HEAD OFFICE AND THE REGISTRATION NUMBER GIVEN TO IT BY THE NATIONAL AUTHORITIES DATE AND SIGNATURE OF AUTHORISED REPRESENTATIVE 2015 01 Page 52 of 60 Where the tenderer has already signed another contract with the GRCH he may provide instead of the legal entity file and its supporting documents either his legal entity number or a copy of the legal entity file and respectively instead of the financial identification form either his financial identification form number or a copy of the financial identification form provided on that occasion unless a change in his legal status and or bank account details occurred in the meantime ul FINANCIAL IDENTIFICATION PRIVACY STATEMENT http ec europa eu budget library contracts grants ifo contracts privacy statement en pdf ACCOUNT NAME ACCOUNT NAME D ADDRESS mese COUNTRY D The name or title under which the account has been opened and not the name of the account holder CONTACT TELEPHONE E MAIL BANK NAME If the Code International Bank Account Number is applied in the country where your bank is situated REMARKS
44. IP 4 eerte 25 Ad cle24 Quality ob Supplies os eee d 25 Article 29 dnspection and testing suae 25 PAYMENTS 25 Article 706 General principles Rc LED Ut see 25 Adticle 27 2 Payment tothird parties o Quel qai cedit crt model gu ieu 26 Ar tle28 Delayed payments Lea eid 26 ACCEPTANCE AND MAINTENANCE eret rte 26 Article ME S C M 26 Article 30 Verification operations e of det 27 Ar cle 21 Provisional acceptance qe aepo seid crie debetis 27 Article 32 Warranty obligations 28 Zclo 23 sABGP Salos SOL VIOR a a 28 Article Tinal accep ance 28 BREACH OF CONTRACT AND TERMINATION 1 eere 28 35 LB TO ACIVOR CONE ACG seca topsites 28 Article 36 Termination by the Contracting Authority sese 29 Article 37 Termination by the Contractor eae ies eee 29 Article 28 Force iia CULO 30 Ar cle3 9 DECEASC 30 30 Article 40 Dispute Settlements a que 30 BUCS 31 Artcledl 31 Article 42 Administrative and financial penalties 31 Article 43 Checks and audit
45. LETTER OF INVITATION TENDER Grodno 22 06 2015 Our ref IPBU 03 01 00 20 663 11 03 Dear Sirs SUBJECT INVITATION TO TENDER FOR SUPPLY DELIVERY OF THE MEDICAL EQUIPMENTS FOR GRODNO REGIONAL CLINICAL HOSPITAL This is an invitation to tender for the above mentioned supply contract Please find enclosed the following documents which constitute the tender dossier A Instructions to tenderers B Draft contract and special conditions including annexes Draft contract Special conditions Annex 1 general conditions Annex ii 01 technical specifications technical offer to be tailored to the specific project Annex iv budget breakdown model financial offer Annex v forms C Further information Administrative compliance grid Evaluation grid D Tender form for a supply contract For full information about procurement procedures please consult the Practical Guide and its annexes which can be downloaded from the following web page http ec europa eu europeaid prag document do locale en We look forward to receiving your tender before the submission deadline at the address specified in the documents Yours sincerely Y Piatselski Head of the Grodno Regional Clinical Hospital 2015 01 Page 1 of 70 2015 01 TENDER DOSSIER IPBU 03 01 00 20 663 11 03 PART INSTRUCTIONS TO TENDERERS Page 2 of 70 INSTRUCTIONS TENDERERS PUBLICATION REF IPBU 03 01 00 20 663 11 03
46. NCE GRODNO EUROS i Supply delivery of Transport ventilation device as per specifications in Annex II IIT 2 Spare parts provide detailed list Total cost 8 DAP Delivered At Place Incoterms 2010 International Chamber of Commerce http www iccwbo org products and services trade facilitation incoterms 2010 the incoterms rules 2015 01 Page 49 of 60 ANNEX IV Budget breakdown Model financial offer Page No 1 of PUBLICATION REFERENCE IPBU 03 01 00 20 663 11 03 Lot no 3 NAME OF TENDERER SUPPLY DELIVERY OF THE MEDICAL EQUIPMENTS FOR GRODNO REGIONAL CLINICAL HOSPITAL A B 0c ITEM QUANTITY SPECIFICATIONS OFFERED INCL UNIT COSTS WITH DELIVERY NUMBER BRAND MODEL DAP GRODNO 9 PLACE OF ACCEPTANCE GRODNO EUROS Supply delivery of Nasofaringolaryngofibroscopes as per specifications in Annex 2 1 set Spare parts provide detailed list Total cost DAP Delivered At Place Incoterms 2010 International Chamber of Commerce http www iccwbo org products and services trade facilitation incoterms 2010 the incoterms rules 2015 01 Page 50 of 60 ANNEX IV Budget breakdown Model financial offer Page No 1 of PUBLICATION REFERENCE IPBU 03 01 00 20 663 11 03 Lot no 4 NAME OF TENDERER SUPPLY DELIVERY OF THE MEDICAL EQUIPMENTS FOR GRODNO REGIONAL CLINICAL HOSPITAL A ITEM QUANTITY SPECIFICATIONS OFFERED INCL UNIT COSTS WITH DELIVERY NUMBER BR
47. a defect or damage within the time limit stipulated in the notification the Contracting Authority may a remedy the defect or the damage itself or employ someone else to carry out the work at the Contractor s risk and cost in which case the costs incurred by the Contracting Authority shall be deducted from monies due to or guarantees held against the Contractor or from both or b terminate the contract 32 5 In emergencies where the Contractor cannot be reached immediately or having been reached is unable to take the measures required the Contracting Authority or the Project Manager may have the work carried out at the expense of the Contractor The Contracting Authority or the Project Manager shall as soon as practicable inform the Contractor of the action taken 32 6 The warranty obligations shall be stipulated in the Special Conditions and technical specifications If the duration of the warranty period is not specified it shall be 365 days The warranty period shall commence on the date of provisional acceptance and may recommence in accordance with Article 32 3 33 After sales service An after sales service if required by the contract shall be provided in accordance with the details stipulated in the Special Conditions The Contractor shall undertake to carry out or have carried out the maintenance and repair of supplies and to provide a rapid supply of spare parts The Special Conditions may specify that the Contractor must provide a
48. ailure and the successful tenderer will have no claim whatsoever on the Contracting Authority 21 7 No performance guarantee is required 22 Tender guarantee No tender guarantee is required 23 Ethics clauses 23 1 Any attempt by a candidate or tenderer to obtain confidential information enter into unlawful agreements with competitors or influence the committee or the Contracting Authority during the process of examining clarifying evaluating and comparing tenders will lead to the rejection of their candidacy or tender and may result in administrative penalties 23 2 Without the Contracting Authority s prior written authorisation a Contractor and its staff or any other company with which the Contractor is associated or linked may not even on an ancillary or subcontracting basis supply other services carry out works or supply equipment for the project This prohibition also applies to any other projects that could owing to the nature of the contract give rise to a conflict of interest on the part of the Contractor 23 3 When submitting a tender tenderers must declare that they are not affected by a conflict of interest and have no equivalent relation in that respect with other tenderers or parties involved in the project Should such a situation arise during execution of the contract the Contractor must immediately inform the Contracting Authority 23 4 Contractors must at all times act impartially and as faithful advisers in accordance wi
49. at Grodno Republic of Belarus at Grodno Regional Clinical Hospital by the committee appointed for the purpose The committee will draw up minutes of the meeting which will be available on request At the tender opening the tenderers names the tender prices any discount offered written notifications of alteration and withdrawal the presence of the requisite tender guarantee if required and such other information as the Contracting Authority may consider appropriate may be announced After the public opening of the tenders no information relating to the examination clarification evaluation and comparison of tenders or recommendations concerning the award of the contract can be disclosed until after the contract has been awarded Any attempt by tenderers to influence the evaluation committee in the process of examination clarification evaluation and comparison of tenders to obtain information on how the procedure is progressing or to influence the Contracting Authority in its decision concerning the award of the contract will result in the immediate rejection of their tenders All tenders received after the deadline for submission specified in the contract notice or these instructions will be kept by the Contracting Authority The associated guarantees will be returned to the tenderers No liability can be accepted for late delivery of tenders Late tenders will be rejected and will not be evaluated Evaluation of tenders Examination of
50. at fixed prices which shall not be revised 26 10 The Contractor undertakes to repay any amounts paid in excess of the final amount due to the Contracting Authority before the deadline indicated in the debit note which is 45 days from the issuing of that note Should the Contractor fail to make repayment within the deadline set by the Contracting Authority the Contracting Authority may unless the Contractor is a government department or public body of a Member State of the European Union increase the amounts due by adding interest at the rediscount rate applied by the central bank of the country of the Contracting Authority if payments are in the currency of that country at the rate applied by the European Central Bank to its main refinancing transactions in euro as published in the Official Journal of the European Union C series where payments are in euro on the first day of the month in which the time limit expired plus seven percentage points The default interest shall be incurred over the time which elapses between the date of the payment deadline set by the Contracting Authority and the date on which payment is actually made Any partial payments shall first cover the interest thus established Amounts to be repaid to the Contracting Authority may be offset against amounts of any kind due to the Contractor This shall not affect the Parties right to agree on payment in instalments Bank charges incurred by the repayment of amounts d
51. ate fixed in accordance with Article 18 and shall be as stated in the contract without prejudice to extensions of the period which may be granted under Article 20 19 2 If provision is made for distinct periods of implementation of the tasks for separate lots in cases where one Contractor is awarded more than one lot per contract the periods of implementation of the tasks for the separate lots will not be accumulated 2015 01 Page 22 of 70 20 Extension of period of implementation of the tasks 20 1 The Contractor may request an extension to the period of implementation of the tasks if his implementation of the contract is delayed or expected to be delayed for any of the following reasons a extra or additional supplies ordered by the Contracting Authority b exceptional weather conditions in the country of the Contracting Authority which may affect installation or erection of the supplies c physical obstructions or conditions which may affect delivery of the supplies which could not reasonably have been foreseen by a competent contractor d administrative orders affecting the date of completion other than those arising from the Contractor s default e failure of the Contracting Authority to fulfil its obligations under the contract f any suspension of the delivery and or installation of the supplies which is not due to the Contractor s default g force majeure h any other causes referred to in these General Conditions whi
52. aximum time period laid down for reaching an amicable settlement shall be 120 days from the date of the notification requesting such a procedure Should a Party not agree to the other Party s request for amicable settlement should a Party not respond in time to that request or should no amicable settlement be reached within the maximum time period the amicable settlement procedure is considered to have failed 40 3 In the absence of an amicable settlement a Party may notify the other Party in writing requesting a settlement through conciliation by a third person If the European Commission is not a Party to the contract the Commission can accept to intervene as such a conciliator The other Party shall respond to the request of conciliation within 30 days Unless the Parties 2015 01 Page 30 of 70 agree otherwise the maximum time period laid down for reaching a settlement through conciliation shall 120 days from the notification requesting such a procedure Should a Party not agree to the other Party s request for conciliation should a Party not respond in time to that request or should no settlement be reached within the maximum time period the conciliation procedure is considered to have failed 40 4 If amicable settlement procedure and if so requested the conciliation procedure fails each party may refer the dispute to either the decision of a national jurisdiction or arbitration as specified in Article 40 of the Special Conditions
53. be altered without the prior written consent of the Contracting Authority 2015 01 Page 6 of 70 18 2 19 19 1 19 2 19 3 19 4 19 5 19 6 20 20 1 20 2 20 3 20 4 20 5 20 6 21 21 1 21 2 21 3 21 4 The tender may be signed by the representative of the joint venture or consortium only if it has been expressly so authorised in writing by the members of the joint venture or consortium and the authorising contract notarial act or deed must be submitted to the Contracting Authority in accordance with point 11 of these Instructions to Tenderers All signatures to the authorising instrument must be certified in accordance with the national laws and regulations of each party comprising the joint venture or consortium together with the powers of attorney establishing in writing that the signatories to the tender are empowered to enter into commitments on behalf of the members of the joint venture or consortium Each member of such joint venture or consortium must provide the proof required under Article 3 5 as if it itself were the tenderer Opening of tenders The opening and examination of tenders is for the purpose of checking whether the tenders are complete whether the requisite tender guarantees have been furnished whether the required documents have been properly included and whether the tenders are generally in order The tenders will be opened in public session on August 11 2015 at 11 30 local time
54. ble contains our financial data as included in the consortium s tender form These data are based on our annual audited accounts and our latest projections Estimated figures i e those not included in annual audited accounts are given in italics Figures in all columns have been provided on the same basis to allow a direct year on year comparison to be made lt except as explained in the footnote to the table gt Financial data 2 years Year Last year Average This year before last before last year Annual turnover excluding this contract Current Assets 2015 1 Page 3 of 70 Dossier 663 3 docx The following table contains our personnel statistics as included in the consortium s tender form Average Previous year Last year This year manpower Overall Total for Overall Total for Overall Total for fields fields fields related to related to related to this this this contract contract contract Other staff 11 Yours faithfully Name and gt Duly authorised to sign this tender on behalf of Place and date gt Stamp of the firm company This tender includes the following annexes Numbered list of annexes with titles 2015 1 Page 4 of 70 Dossier 663 3 docx
55. bmitted by the Contractor for approval 14 4 The Contractor shall supply additional copies of approved drawings in the form and numbers stated in the contract or in subsequent administrative orders 14 5 The approval of the drawings documents samples or models by the Project Manager shall not relieve the Contractor from any of his obligations under the contract 14 6 The Project Manager shall have the right to inspect all drawings documents samples or models relating to the contract at the Contractor s premises at all reasonable times 14 7 Before provisional acceptance of the supplies the Contractor shall supply operation and maintenance manuals together with drawings which shall be in such detail as will enable the Project Manager to operate maintain adjust and repair all parts of the supplies Unless otherwise stated in the Special Conditions the manuals and drawings shall be in the language of the contract and in such forms and numbers as stated in the contract The supplies shall not be considered completed for the purpose of provisional acceptance until such manuals and drawings have been supplied to the Contracting Authority 15 Sufficiency of tender prices 15 1 Subject to any provisions which may be laid down in the Special Conditions the Contractor shall be deemed to have satisfied himself before submitting his tender as to the correctness and sufficiency of the tender and to have taken account of all that is required for the full
56. cal parameters of the project have changed fundamentally e exceptional circumstances or force majeure render normal implementation of the project impossible e all technically compliant tenders exceed the financial resources available e there have been irregularities in the procedure in particular where these have prevented fair competition e award is not in compliance with sound financial management i e does not respect the principles of economy efficiency and effectiveness e g the price proposed by the tenderer to whom the contract is to be awarded is objectively disproportionate with regard to the price of the market In no event will the Contracting Authority be liable for any damages whatsoever including without limitation damages for loss of profits in any way connected with the cancellation of a tender procedure even if the Contracting Authority has been advised of the possibility of damages The publication of a contract notice does not commit the Contracting Authority to implement the programme or project announced 2015 01 Page 8 of 70 25 26 Appeals Tenderers believing that they have been harmed by an error or irregularity during the award process may file a complaint See section 2 4 15 of the Practical Guide Data Protection If processing your reply to the invitation to tender involves the recording and processing of personal data such as names addresses and CVs such data will be processed solely for t
57. ce of the Contractor his agents or employees The approval by the Contracting Authority of the subcontracting of any part of the contract or of the subcontractor shall not relieve the Contractor of any of his obligations under the contract 6 6 If a subcontractor has undertaken any continuing obligation extending for a period exceeding that of the warranty period under the contract towards the Contractor in respect of the supplies provided by the subcontractor the Contractor must at any time after the expiration of the warranty period transfer immediately to the Contracting Authority at the Contracting Authority s request and cost the benefit of such obligation for the unexpired duration thereof 6 7 If the Contractor enters into a subcontract without approval the Contracting Authority may without giving formal notice thereof apply as of right the sanctions for breach of contract provided for in Article 35 OBLIGATIONS OF THE CONTRACTING AUTHORITY 7 Supply of documents 7 1 If necessary within 30 days of the signing of the contract the Project Manager shall where necessary provide the Contractor free of charge with a copy of the drawings prepared for the implementation of the tasks and a copy of the specifications and other contract documents The Contractor may purchase additional copies of these drawings specifications and other documents in so far as they are available Upon the issue of the warranty certificate or upon final acceptance
58. ch are not due to the Contractor s default 20 2 Within 15 days of realising that a delay might occur the Contractor shall notify the Project Manager of his intention to make a request for extension of the period of implementation of the tasks to which it considers himself entitled and save where otherwise agreed between the Contractor and the Project Manager within 30 days provide the Project Manager with comprehensive details so that the request can be examined 20 3 Within 30 days the Project Manager shall by written notice to the Contractor after due consultation with the Contracting Authority and where appropriate the Contractor grant such extension of the period of implementation of the tasks as may be justified either prospectively or retrospectively or inform the Contractor that it is not entitled to an extension 21 Delays in implementation of the tasks 21 1 If the Contractor fails under his own responsibility to deliver any or all of the goods or perform the services within the time limit s specified in the contract the Contracting Authority shall without formal notice and without prejudice to its other remedies under the contract be entitled for every day which shall elapse between the expiry of the implementation period of the tasks and the actual date of completion to liquidated damages equal to 5 1000 of the value of the undelivered supplies to a maximum of 15 of the total value of the contract 21 2 If the non delivery
59. contract according to the law of the state of the Contracting Authority and shall at the request of the Contracting Authority designate one of such persons to act as leader with authority to bind the joint venture 2015 01 Page 20 of 70 or consortium The composition of the joint venture or consortium shall not be altered without the prior consent in writing of the Contracting Authority 9 5 Save where the European Commission requests or agrees otherwise the Contractor shall take the necessary measures to ensure the visibility of the European Union financing or co financing These measures must comply with the rules in the Communication and Visibility Manual for EU External Actions published by the European Commission 10 Origin 10 1 Save where otherwise provided for in the Special Conditions supplies must originate in a Member State of the European Union or in an eligible country as stated in the invitation to tender 10 2 The Contractor must certify that the goods tendered comply with this requirement specifying their countries of origin He may be required to provide more detailed information in this respect 10 3 The Contractor shall present an official certificate of origin on provisional acceptance Failure to comply with this obligation shall lead after formal notice to termination of the contract 11 Performance guarantee 11 1 The Contractor shall together with the return of the countersigned contract furnish the Contracting A
60. converted into euro at the rate published on the Infor Euro on the first working day of the month in which the payment is made 26 2 Payments due by the Contracting Authority shall be made to the bank account mentioned on the financial identification form completed by the Contractor The same form annexed to the payment request must be used to report changes of bank account 26 3 Sums due shall be paid within no more than 45 days from the date on which an admissible payment request is registered by the competent department specified in the Special Conditions The date of payment shall be the date on which the institution s account is debited The payment request shall not be admissible if one or more essential requirements are not met 26 4 The 45 day period may be suspended by notifying the Contractor that the payment request cannot be fulfilled because the sum is not due because appropriate substantiating documents have not been provided or because there is evidence that the expenditure might not be eligible In the latter case an inspection may be carried out on the spot for the purpose of further checks The Contractor shall provide clarifications modifications or further information within 30 days of being 2015 01 Page 25 of 70 asked to do so The payment period shall continue to run from the date which a properly drawn up payment request is registered 26 5 The payments shall be made as follows a 60 of the contract price after th
61. ct for each day of delay For delays of repairs during warranty period EUR 1000 0 If the Contracting Authority terminates the contract through its own fault the Contracting Authority pays to the Contractor 5 of the price of the contract Page 16 of 70 2015 01 If the Contractor terminates the contract through its own fault the Contractor pays to the Contracting Authority 5 of the price of the contract Such termination by the Contracting Authority or by the Contractor shall be without prejudice to obligations of the Contractor relating to payment of the penalties calculated in accordance with the above mentioned clauses If damages exceed the specified amount of fine the Contracting Authority shall have the right to recovery under general terms Penalty for disclosure of confidential information shall be EUR 1500 0 In case of discrepancies between the warranty card and this paragraph the penalty Contractor shall be EUR 1000 0 for each day of delay Page 17 of 70 ANNEX I GENERAL CONDITIONS FOR SUPPLY CONTRACTS FINANCED BY THE EUROPEAN UNION OR BY THE EUROPEAN DEVELOPMENT FUND CONTENT PRELIMINARY PROVISIONS 19 Article 1 Definttibns t 19 Article 2 Law and language of the contract ui o eee 19 Article 3 Order of precedence of contract documents sees 19 Art cled sin e tiet cce 19 Articles seg cadets ae eerie ela
62. e grant award procedure financed by the EU budget or EDF has been declared to be in serious breach of contract for failure to perform its contractual obligations j any organisational modification occurs involving a change in the legal personality nature or control of the Contractor unless such modification is recorded in an addendum to the contract k any other legal disability hindering implementation of the contract occurs 1 the Contractor fails to provide the required guarantee or insurance or if the person providing the earlier guarantee or insurance required under the present contract is not able to abide by his commitments m where after the award of the contract the award procedure or the performance of the contract prove to have been subject to substantial errors irregularities or fraud 36 2 Termination shall be without prejudice to any other rights or powers of the Contracting Authority and the Contractor under the contract The Contracting Authority may thereafter conclude any other contract with a third party on behalf of the Contractor The Contractor s liability for delay in completion shall immediately cease upon termination without prejudice to any liability thereunder that may already have occurred The Project Manager shall upon the issue of the notice of termination of the contract instruct the Contractor to take immediate steps to bring the implementation of the tasks to a close in a prompt and orderly manner and
63. e Contractor is responsible is not in the opinion of the Project Manager in accordance with the contract d that any work done or goods supplied or materials used by the Contractor is or are not in accordance with the contract or that the supplies or any portion thereof do not fulfil the requirements of the contract 30 3 The Contractor shall with all speed and at his own expense make good the defects so specified If the Contractor does not comply with such order the Contracting Authority shall be entitled to employ other persons to carry out the orders and all expenses consequent thereon or incidental thereto shall be deducted by the Contracting Authority from any monies due or which may become due to the Contractor 30 4 Supplies which are not of the required quality shall be rejected A special mark may be applied to the rejected supplies This shall not be such as to alter them or affect their commercial value Rejected supplies shall be removed by the Contractor from the place of acceptance if the Project Manager so requires within a period which the Project Manager shall specify failing which they shall be removed as of right at the expense and risk of the Contractor Any works incorporating rejected materials shall be rejected 30 5 The provisions of Article 30 shall not affect the right of the Contracting Authority to claim under Article 21 nor shall it in any way release the Contractor from any warranty or other obligations under the
64. e added to cover specific situations 2015 01 Page 13 of 70 Article 2 Language of the Contract 2 1 The language used the Contract shall be in two languages Russian and English When disputes arise out of the interpretation of contract provisions the Russian text shall prevail Article 4 Communications 4 1 Any written communication relating to this Contract between the Contracting Authority and or the Project Manager on the one hand and the Contractor on the other must state the Contract title and identification number and must be sent by post fax e mail or by hand For the Contracting Authority Name Grodno Regional Clinical Hospital Title Chief medical officer Address 52 Boulvar Leninskogo Komsomola Grodno 230017 Republic of Belarus Telephone 375 152 436230 e mail regclinic 9 mail grodno by Article 7 Article 8 For the Contactor Name Title Telephone e mail Supply of documents Along with the equipment the Contractor shall supply the following documents confirmation of the state registration of the offered goods a copy of the registration certificate for the goods special permits licenses issued by the Ministry of Health of the Republic of Belarus authorizing medical activities including works and services relating to mounting adjustment maintenance and repair of medical equipment and or medical products certificates of completed
65. e signing of the contract against provision of the performance guarantee If the prefinancing payment exceeds EUR 150 000 or if no proof documents have been provided for the selection criteria the Contractor must provide a financial guarantee for the full amount of the pre financing payment This financial guarantee must remain valid until it is released 45 days at the latest after the provisional acceptance of the goods Where the contractor is a public body the obligation for a financial guarantee may be waived depending on a risk assessment made b 40 of the contract price as payment of the balance outstanding following provisional acceptance of the supplies 26 6 Where only part of the supplies have been delivered the 40 payment due following partial provisional acceptance shall be calculated on the value of the supplies which have actually been accepted and the security shall be released accordingly 26 7 For supplies not covered by a warranty period the payments listed above shall be aggregated The conditions to which the payments of pre financing interim and or final payments are subject shall be as stated in the Special Conditions 26 8 The payment obligations of the EU under this Contract shall cease at most 18 months after the end of the period of implementation of the tasks unless the Contract is terminated in accordance with these General Conditions 26 9 Unless otherwise stipulated in the Special Conditions contracts shall be
66. e to increase the number of invasive pressures up to 6 2 Measuring range 10 to 400 mmHg Accuracy 1 mm Hg Resolution display scale 1 mm Hg 3 The duration of the calibration procedure should not exceed 1 2 seconds Displaying the date and time of channel calibration Bispectral Index 1 Assessment of the level of consciousness in a range from 0 to 100 The quality evaluation of the signal to obtain information about the reliability of BIS numerical values 2 Performance of suppression ratio evaluation frequency of edges of the spectrum the total power 3 Possible to assess the electromyographic activity Temperature 1 Temperature measurement digital mapping with resolution 0 1 2 Temperature range 5 50 3 Possibility of extending the temperature monitoring on two channels NOTE obligatory requirement Page 39 of 70 ANNEXII for LOT 2 TECHNICAL SPECIFICATIONS TECHNICAL OFFER Contract title Supply and delivery of the Transport ventilation device for GRCH 1 Publication reference IPBU 03 01 00 20 663 11 03 Lot no 2 Column 1 2 should be completed by the Contracting Authority Column 3 4 should be completed by the tenderer Column 5 is reserved for the evaluation committee Annex III the Contractor s technical offer The tenderers are requested to complete the template on the next pages Column 2 is completed by the Contracting Authority shows the required specifications not to be mod
67. ee eae aeons ed 19 Article 6 S b ontracting sesinin EID DL LLL 19 OBLIGATIONS OF THE CONTRACTING AUTHORITY etm 20 Article 7 Supply of documents octo cene speed te eee ee eee eee 20 Arucle 8 Assistance with local regulations iue acco 20 OBLIGATIONS OF THE 20 Article 9 General Obligations 20 Article t0 Orin uio seek e ese oa as tei acacia pea eae eae 21 Article 11 Performance 21 Article EN rir oh pan det snide 21 Article 13 Programme of implementation of the tasks 21 Article 14 Contractor s 21 Article 15 Sufficiency of tender Prices od ed eee 22 Article 16 Tax and customs arrangements 22 Article L7 Patents and Heences 22 COMMENCEMENT OF IMPLEMENTATION OF THE TASKS AND DELAYS 22 Article T Commencement order uoa nene dee 22 Article 19 Period of implementation of the tasks 22 Article 20 Extension of period of implementation of the sese 23 Article 21 Delays in implementation of the tasks ciae eet dann 23 Ar cle 22 ManatoDSs essct repe Cali 23 Article 235 Suspension 24 MATERIALS AND WORKMANSH
68. en signed or is deemed to have been signed by the Project Manager 34 3 Notwithstanding the issue of the final acceptance certificate the Contractor and the Contracting Authority shall remain liable for the fulfilment of any obligation incurred under the contract prior to the issue of the final acceptance certificate which remains unperformed at the time that final acceptance certificate is issued The nature and extent of any such obligation shall be determined by reference to the provisions of the contract BREACH OF CONTRACT AND TERMINATION 35 Breach of contract 2015 01 Page 28 of 70 35 1 A Party shall be in a breach of contract if it fails to discharge any of its obligations under the contract 35 2 Where a breach of contract occurs the injured Party shall be entitled to the following remedies a damages and or b termination of the contract 35 3 In addition to the above mentioned measures damages may be awarded They may be either a general damages or b liquidated damages 35 4 Recovery of damages disbursements expenses resulting from the application of measures provided for in this Article shall be effected by deduction from the sums due to the Contractor from the deposit or by payment under the guarantee 36 Termination by the Contracting Authority 36 1 The Contracting Authority may after giving the Contractor seven days notice terminate the contract in any of the following cases a the Contract
69. en to inspection by the Project Manager at all reasonable times 22 8 Contractual variations not covered by an administrative order must be formalised through an addendum to the contract signed by all parties Changes of address or bank account may simply be notified in writing by the Contractor to the Contracting Authority Any contractual variations must respect the general principles defined in the Practical Guide to contract procedures for EC external actions 23 Suspension 23 1 The Project Manager may by administrative order at any time instruct the Contractor to suspend a the manufacture of the supplies or b the delivery of supplies to the place of acceptance at the time specified for delivery in the programme of implementation of the tasks or if no time specified at the time appropriate for it to be delivered or c the installation of the supplies which have been delivered to the place of acceptance 23 2 The Contractor shall during suspension protect and secure the supplies affected at the Contractor s warehouse or elsewhere against any deterioration loss or damage to the extent possible and as instructed by the Project Manager even if supplies have been delivered to the place of acceptance in accordance with the contract but their installation has been suspended by the Project Manager 23 3 Additional expenses incurred in connection with such protective measure shall be added to the contract price The Contractor shall not
70. epairs in 3 working days 7 working days if spare parts are supplied from abroad In case of failure to observe these time limits 3 7 days the Contractor must provide a spare component unit till repairs are completed The warranty period shall be extended for the duration of repairs The Contractor shall provide a new faultless component unit if the component unit installed initially has been repaired three times during the warranty period In case of the hard disk drive repair when its replacement is necessary the Contracting Authority shall keep the faulty hard disk drive DAP Delivered At Place Incoterms 2010 International Chamber of Commerce http www iccwbo org products and services trade facilitation incoterms 2010 the incoterms rules 2015 01 Page 5 of 70 In case of replacement of a component unit the Contractor shall provide at least a 12 month warranty for a newly installed unit But this warranty period may not expire earlier than the general warranty period For the purposes of service maintenance the Contractor shall have the right of unrestricted access to the equipment At the end of warranty period the Contractor within the limits of the price of the contract shall carry out technical inspection of the equipment The Contractor shall notify the Contracting Authority about time of inspection The Contractor shall confirm the inspection with a report which shall be submitted to the Contract
71. erritory of the regions covered and or authorised by the specific instruments applicable to the programme specified in clause 3 1 above For these purposes origin means the place where the goods are mined grown produced or manufactured and or from which services are provided The origin of the goods must be determined according to the relevant international agreements notably WTO agreements which are reflected in EU legislation on rules of origin for customs purposes the Customs Code Council Regulation EEC No 2913 92 in particular its Articles 22 to 246 thereof and the Code s implementing provisions Commission Regulation EEC No 2454 93 Tenderers must provide an undertaking signed by their representative certifying compliance with this requirement For more details see point 2 3 1 Practical Guide Point 4 1 is not applicable to this tender IPBU 03 01 00 20 663 11 03 When submitting tenders tenderers must state expressly that all the goods meet the requirements concerning origin and must state the countries of origin They may be asked to provide additional information in this connection Rules of nationality and origin of goods are not applied for this tendering procedure http www pl by ua eu upload pl JMA_letter pdf http www pl by ua eu upload pl J MA letter pdf http www pl by ua eu en news 103 http www pl by ua eu en news 143 Type of contract hybrid Currency Tenders must be presented i
72. es no criteria as specified in the tender dossier In the interests of transparency and equal treatment and to facilitate the examination and evaluation of tenders the evaluation committee may ask each tenderer individually for clarification of its tender including breakdowns of prices within a reasonable time limit to be fixed by the evaluation committee The request for clarification and the response must be in writing but no change in the price or substance of the tender may be sought offered or permitted except as required to confirm the correction of arithmetical errors discovered during the evaluation of tenders pursuant to Article 20 4 Any such request for clarification must not distort competition Decisions to the effect that a tender is not technically compliant must be duly justified in the evaluation minutes Financial evaluation a Tenders found to be technically compliant will be checked for any arithmetical errors in computation and summation Errors will be corrected by the evaluation committee as follows where there is a discrepancy between amounts in figures and in words the amount in words will be the amount taken into account except for lump sum contracts where there is a discrepancy between a unit price and the total amount derived from the multiplication of the unit price and the quantity the unit price as quoted will be the price taken into account b Amounts corrected in this way will be binding on the tenderer
73. f tenders and minutes from the information meeting site visit e the Technical Offer Annex II including clarifications from the Contractor provided during tender evaluation f the budget breakdown Annex IV g specified forms and other relevant documents Annex V Addenda have the order of precedence of the document they are modifying 3 2 The various documents making up the contract shall be deemed to be mutually explanatory in cases of ambiguity or divergence they should be read in the order in which they appear above 4 Communications 4 1 Communications between the Contracting Authority and or the Project Manager on the one hand and the Contractor on the other shall be exclusively in writing Unless otherwise specified in the Special Conditions communications between the Contracting Authority and or the Project Manager on the one hand and the Contractor on the other hand shall be sent by post cable telex fax transmission or delivered by hand to the addresses designated by the Parties for that purpose 4 2 If the person sending a communication requires acknowledgement of receipt he she shall indicate this in his communication Whenever there is a deadline for the receipt of a written communication the sender should ask for an acknowledgement of receipt of his communication In any event the sender shall take all necessary measures to ensure receipt of his communication 4 3 Wherever the contract provides for the giving or i
74. f the contract by both parties with delivery schedule as specified in art 19 of the Special conditions Article 14 Contractor s drawings 14 4 Seller shall provide the customer with detailed operating instructions supplied equipment Article 15 Sufficiency of tender prices 15 4 Not provided for in the Special conditions Article 17 Patents and licences 17 1 Does not require special permissions Article 18 Commencement order 18 1 The implementation of the contact commences on the date of the signature of the present contract by the latest of the both parties Article 19 Period of implementation of the tasks 19 1 The implementation period of tasks shall run from the commencement date of the contract signed by both parties to date for provisional acceptance with delivery schedule for Lots No 1 4 not exceeding 3 three months In case of delay in delivery art 21 of the General conditions will apply Article 24 Quality of supplies 24 22 Contractor may independently propose the time limits and order of preliminary acceptance of the equipment The Contractor shall warrant that the equipment is factory made new unused manufactured in the year 2015 that it is not damaged and that no additional elements or components are required for its commissioning an proper use and the Contracting Authority accepts the above mentioned information and agrees with the facts specified Article 25 Inspection and testing 25 2 The Contractor shall warrant t
75. fications define the level of diagnostic capability and system class the discrepancy on one of them will result in rejection of the bid implementation of these points as more important in the terms of reference for comparison with others 4 4 4 4 4 S 1 2 3 4 2015 01 Page 47 of 60 ANNEX IV Budget breakdown Model financial offer Page No 1 of PUBLICATION REFERENCE IPBU 03 01 00 20 663 11 03 Lot no 1 NAME OF TENDERER SUPPLY DELIVERY OF THE MEDICAL EQUIPMENTS FOR GRODNO REGIONAL CLINICAL HOSPITAL QUANTITY SPECIFICATIONS OFFERED INCL UNIT COSTS WITH DELIVERY NUMBER BRAND MODEL DAP GRODNO 7 PLACE OF ACCEPTANCE GRODNO EUROS Supply delivery of the Anaesthesia respiratory high class apparatus with gas and hemodynamic monitoring as per specifications in Annex Spare parts provide detailed list Total cost DAP Delivered At Place Incoterms 2010 International Chamber of Commerce http www iccwbo org products and services trade facilitation incoterms 2010 the incoterms rules 2015 01 Page 48 of 60 ANNEX IV Budget breakdown Model financial offer Page No 1 of PUBLICATION REFERENCE IPBU 03 01 00 20 663 11 03 Lot no 2 NAME OF TENDERER SUPPLY DELIVERY OF THE MEDICAL EQUIPMENTS FOR GRODNO REGIONAL CLINICAL HOSPITAL A c ITEM QUANTITY SPECIFICATIONS OFFERED INCL UNIT COSTS WITH DELIVERY NUMBER BRAND MODEL DAP GRODNO 8 PLACE OF ACCEPTA
76. gal nature of the links which it has with them It must in that case prove to the contracting authority that it will have at its disposal the resources necessary for performance of the contract for example by producing an undertaking on the part of those entities to place those resources at its disposal Such entities for instance the parent company of the economic operator must respect the same rules of eligibility and notably that of nationality as the economic operator 1 SUBMITTED BY Name s of tenderer s Nationality Leader Member Country in which the legal entity is registered 1 add delete additional lines for members as appropriate Note that a subcontractor is not considered to be a member for the purposes of this tender procedure Subsequently the data of the subcontractor must not appear in the data related to the economic financial and professional capacity If this tender is being submitted by an individual tenderer the name of the tenderer should be entered as leader and all other lines should be deleted 2015 1 Page 2 of 70 Dossier 663 3 docx 2 CONTACT PERSON for this tender Name Address Telephone Fax E mail 3 ECONOMIC AND FINANCIAL CAPACITY Please complete the following table of financial data based on your annual accounts and your latest projections If annual accounts are not yet available for this year or last year please provide your latest estimate
77. hall if he she has not attended the test be bound by the test results 25 5 When components and materials have passed the above mentioned tests the Project Manager shall notify the Contractor or endorse the Contractor s certificate to that effect 25 6 If the Project Manager and the Contractor disagree on the test results each shall state his views to the other within 15 days of such disagreement The Project Manager or the Contractor may require such tests to be repeated on the same terms and conditions or if either Party so requests by an expert selected by common consent All test reports shall be submitted to the Project Manager who shall communicate the results of these tests without delay to the Contractor The results of retesting shall be conclusive The cost of retesting shall be borne by the Party whose views are proved wrong by the retesting 25 7 In the performance of their duties the Project Manager and any person authorised by him her shall not disclose to unauthorised persons information concerning the undertaking s methods of manufacture and operation obtained through inspection and testing PAYMENTS 26 General principles 26 1 Payments shall be made in euro or national currency The Special Conditions shall lay down the administrative or technical conditions governing payments of pre financing interim and or final payments made in accordance with the General Conditions Where payment is in the national currency it shall be
78. hall be sufficient to withstand without limitation rough handling exposure to extreme temperatures salt and precipitation during transit and open storage Package size and weight shall take into consideration where appropriate the remoteness of the final destination of the supplies and the possible absence of heavy handling facilities at all points in transit 29 3 The packaging marking and documentation inside and outside the packages shall comply with such requirements as shall be expressly provided for in the Special Conditions subject to any variations subsequently ordered by the Project Manager 29 4 No supplies shall be shipped or delivered to the place of acceptance until the Contractor has received a delivery order from the Project Manager The Contractor shall be responsible for the delivery at the place of acceptance of all supplies and supplier s equipment required for the purpose of the contract If the Project Manager fails either to issue the certificate of provisional acceptance or to reject the Contractor s application within the period of 30 days he she shall be deemed to have issued the certificate on the last day of that period 29 5 Each delivery must be accompanied by a statement drawn up by the Contractor This statement shall be as specified in the Special Conditions 29 6 Each package shall be clearly marked in accordance with the Special Conditions 29 7 Delivery shall be deemed to have been made when there is writte
79. hat the equipment under this contract meets all the requirements of the Contracting Authority which is confirmed by the addenda to the contract technical specifications of the equipment bought The Contractor shall warrant that programs and licenses necessary for operation of the equipment are not limited in time Article 26 General principles for payments 26 1 Payments shall be made in euros Payments for the equipment supplied in accordance with this contract shall be made in two steps as follows First step 6096 pre payment of the contract price after the signing of the contract within 10 days Second step payment of the balance shall be made within 30 days after commissioning of the equipment in accordance with the Contractor s tax invoice and a commissioning certificate signed by both parties The date of the payment shall be the date on which the Contracting Authority s paying account is debited Payments shall be authorised and made by Grodno Regional Clinical Hospital GRCH 52 Boulvar Leninskogo Komsomola Grodno 230017 Belarus 26 9 The price of the offer should be fixed till the term of the contract Article 29 Delivery 293 equipment must be packed in the original packaging in accordance with European standards The packaging will become the property of the recipient subject to environmental considerations Article31 Provisional acceptance The Certificate of Provisional Acceptance must be issued using the template in
80. he flow of the anaesthetic The presence of at least three interface ports such as RS 232 port to connect external equipment and data transmission in the network Screen unit must provide a continuous graphical display of a corresponding flow rate of fresh gas to minute volume of respiration CO2 absorber chamber volume of 1 2 litres The proposed unit shall be provided only by usage of disposable absorber cameras The kit should include reusable sterilized bacterial filters the supplier shall indicate the manufacturer of filters make specifications and permitted number of sterilizations Active heating of the respiratory system shall be provided to prevent condensation and to provide breathing gas conditioning built in pneumatic and electrical interface for non cable and non hose connection of compact respiratory system and the main unit Ventilation of different age groups of patients should be provided without changing the respiratory fur should also be provided by automatic calibration of waveforms and digital monitoring parameters of ventilation depending on the age of the patient The spontaneous breathing spont manual ventilation man controlled ventilation and ventilation synchronized with the volume control controlled ventilation and synchronized ventilation with pressure control assisting ventilation with pressure support The device should have a piston fan operating without the use of propelling gas with electronic work con
81. he purposes of the performance management and monitoring of the tender and of the contract by the data controller without prejudice to possible transmission to the bodies charge with monitoring or inspection tasks in application of Union law Details concerning processing of your personal data are available on the privacy statement at http aideprgp cc cec eu int 126 1 europeaid prag annexes do group A amp locale en pursuant to Regulation EC No 45 2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data 2 This link will lead you to the new EuropeAid privacy statement published among the Practical Guide General Annexes 2015 01 Page 9 of 70 2015 01 TENDER DOSSIER IPBU 03 01 00 20 663 11 03 PART B DRAFT CONTRACT amp SPECIAL CONDITIONS GENERAL CONDITIONS TECHNICAL SPECIFICATIONS amp TECHNICAL OFFER BUDGET BREAKDOWN LEGAL ENTITIES FORM amp FINANCIAL IDENTIFICATION FORM Page 10 of 70 DRAFT CONTRACT AND SPECIAL CONDITIONS INCLUDING ANNEXES DRAFT CONTRACT SUPPLY CONTRACT FOR THE EUROPEAN UNION EXTERNAL COOPERATION No IPBU 03 01 00 20 663 1 1 03 FINANCED BY THE EU GENERAL BUDGET Grodno Regional Clinical Hospital health care facility Contracting Authority in the person of Mr Yuriy Piatselski Chief Physician acting on the basis of the Charter on the one part
82. he table below to indicate the specialisms relevant to this contract of each legal entity making this tender by using the names of these specialisms as the row headings and the name of the legal entity as the column headings Show the relevant specialism s of each legal entity by placing a tick in the box corresponding to those specialisms in which the legal entity has significant experience Maximum 10 specialisms 1 add delete additional lines and or rows as appropriate If this tender is being submitted by an individual legal entity the name of the legal entity should be entered as Leader and all other columns should be deleted 2015 1 Page 55 of 70 Dossier 663 3 docx 6 EXPERIENCE Please complete a table using the format below to summarise the major relevant supplies carried out in the course of the past 3 years by the legal entity or entities making this tender The number of references to be provided must not exceed 15 for the entire tender Name of legal entity Country Overall Proportion No of staff Name of Origin of Name of members if supply value supplied by provided client funding any EUR legal entity 20 Detailed description of supply Related services provided Tn the case of framework contracts without contractual value only specific contracts corresponding to assignments implemented under such framework contracts will be considered Amounts actually paid without the effect of inflation 2
83. hich its indicates neither a unit price nor a lump sum 16 Tax and customs arrangements Provisions regarding tax and customs arrangements are laid down in the Special Conditions 17 Patents and licences Save where otherwise provided in the Special Conditions the Contractor shall indemnify the Contracting Authority and the Project Manager against any claim resulting from the use as specified in the contract of patents licences drawings models or brand or trade marks unless such infringement results from compliance with the design or specification provided by the Contracting Authority and or the Project Manager COMMENCEMENT OF IMPLEMENTATION OF THE TASKS AND DELAYS 18 Commencement order 18 1 The Contracting Authority shall fix the date on which implementation of the tasks is to commence and advise the Contractor thereof either in the notice of award of the contract or by administrative order issued by the Project Manager 18 2 Save where the Parties agree otherwise implementation of the tasks shall begin no later than 90 days after notification of award of contract After that date the Contractor shall be entitled not to implement the contract and to obtain its termination or compensation for the damage it has suffered The Contractor shall forfeit this right unless it exercises it within 30 days of the expiry of the 90 day period 19 Period of implementation of the tasks 19 1 The period of implementation of tasks shall commence on the d
84. ified by the tenderer Column 3 is to be filled in by the tenderer and must detail what is offered for example the words compliant or yes are not sufficient Column 4 allows the tenderer to make comments on its proposed supply and to make eventual references to the documentation The eventual documentation supplied should clearly indicate highlight mark the models offered and the options included if any so that the evaluators can see the exact configuration Offers that do not permit to identify precisely the models and the specifications may be rejected by the evaluation committee The offer must be clear enough to allow the evaluators to make an easy comparison between the requested specifications and the offered specifications 1 2 3 4 5 Item Specifications Required Specifications Offered Notes remarks Evaluation Number ref to documentation Committee s notes EX 1 Transport ventilation device 2 units 1 1 Equipment configuration line 1 5 m 4 pieces Breathing circuit disposable adult 40 pieces Breathing circuit disposable pediatric 40 pieces Central pressure supply hose for O2 3 m 2 pieces Automatic Oxygen Switch 2 pieces pL Integrated solution for carrying and transporting ergonomic carrying system including carrying frame adapter for quick power connection cylinder bracket Holder for affixing a carrying system 2 pieces 2015 01 Page 40 of 60 2015 01 Universal laryngo
85. ing Authority The Contracting Authority shall have the right to apply for expert evaluation if the Contractor rejects warranty claims If claims are reasonable the Contractor shall pay these evaluation costs During the warranty period the Contractor shall pay transport and service inspection costs In case of discrepancies between the warranty card and this paragraph this paragraph shall prevail The Contractor guarantees the availability production of spare parts during at least 10 years from the date of signing of the equipment acceptance certificate This shall not be applied to programming and computer equipment where the period of availability of spare parts shall be at least 5 years On the day of acceptance of the subject of the Contract but prior to signing of the acceptance certificate the Contractor shall provide the guarantee for proper execution of the contract for the purpose of defects insurance in amount of 30 of the guarantee for proper execution of the contract The guarantee shall remain valid for 25 months a 24 month warranty period plus 1 month from the date of signing of the acceptance certificate Or remedy defects specified in the acceptance certificate if the Contracting Authority stipulates the period for their elimination The Contracting Authority shall not begin acceptance procedure if there is no guarantee The guarantee for execution of warranty obligations shall be released within 15 days after the expiry
86. ion to the programme shall be made without the approval of the Project Manager If however the progress of the implementation of the tasks does not conform to the programme the Project Manager may instruct the Contractor to revise the programme and submit the revised programme to him her for approval 14 Contractor s drawings 14 1 If the Special Conditions so provide the Contractor shall submit to the Project Manager for approval 2015 01 Page 21 of 70 the drawings documents samples and or models according to the time limits and procedures laid down in the Special Conditions b such drawings as the Project Manager may reasonably require for the implementation of the tasks 14 2 If the Project Manager fails to notify his decision of approval referred to in Article 14 1 within the deadlines referred to in the contract or the approved programme of implementation of the tasks such drawings documents samples or models shall be deemed to be approved on expiry of the deadlines If no deadline is specified they shall be deemed to be approved 30 days after receipt 14 3 Approved drawings documents samples and models shall be signed or otherwise identified by the Project Manager and may only be departed from on the Project Manager s instructions Any of the Contractor s drawings documents samples or models which the Project Manager refuses to approve shall immediately be modified to meet the requirements of the Project Manager and resu
87. ions from the tenderer provided during tender evaluation the budget breakdown Annex IV specified forms and other relevant documents Annex V The various documents making up the contract shall be deemed to be mutually explanatory in cases of ambiguity or divergence they shall prevail in the order in which they appear above For Contractor Name Name Job title Job title Signature Signature Date Date 2 10 3 3 1 IV 3 2 26 28 4
88. ised period of validity of the tender If they refuse without forfeiture of their tender guarantees their participation in the tender procedure will be terminated The successful tenderer will be bound by its tender for a further period of 90 days The further period is added to the validity period of the tender irrespective of the date of notification Language of tenders The tenders all correspondence and documents related to the tender exchanged by the tenderer and the Contracting Authority must be written in the language of the procedure which is English The Contracting Authority requests tenderers to provide all the documents in the Russian language as well to save time necessary for translation Documents submitted to tenderers for preparation of tenders shall be in the Russian and English languages Submission of tenders The Contracting Authority must receive the tenders before the deadline specified in 10 3 They must include all the documents specified in point 11 of these Instructions and be sent to the following address Grodno Regional Clinical Hospital GRCH Procurement Section at 52 Boulvar Leninskogo Komsomola Grodno 230017 Republic of Belarus If the tenders are hand delivered they should be delivered to the following address Grodno Regional Clinical Hospital GRCH The currency of tender shall be the currency of the contract and of payment 2015 01 Page 4 of 70 Procurement Section at 52 Boulvar Leninskog
89. ite visit if any Not applicable Not applicable Deadline for requesting clarifications from 21 days before 10 00 local time of the Contracting Authority deadline for tenders Grodno Belarus July 22 2015 Last date on which clarifications are issued Date 11 days before by the Contracting Authority deadline for tenders July 31 2015 Deadline for submission of tenders August 11 2015 11 00 local time of Grodno Belarus Tender opening session August 11 2015 11 30 local time of Grodno Belarus Notification of award to the successful Date at most 30 days tenderer after deadline for tenders Signature of the contract Date at most 60 days after deadline for tenders All times are in the time zone of the country of the Contracting Authority Provisional date 3 3 1 3 2 3 3 Participation Participation is open to all legal persons participating either individually or in a grouping consortium of tenderers which are established in a the Member State of the European Union or in a country or territory of the regions covered and or authorised by the specific instruments applicable to the CROSS BORDER COOPERATION PROGRAMME WITHIN THE EUROPEAN NEIGHBOURHOOD AND PARTNERSHIP INSTRUMENT POLAND BELARUS UKRAINE under which the contract is financed see item 22 below All goods supplied under this contract must originate in one or more of these countries Participation is also open to international organisatio
90. ity and system class the discrepancy on one of them will result in rejection of the bid NOTE th q ts of tech 1 specificat define the level of diagnost pability and syst 1 the d pancy f th ll It ject f the bid implementation of these points as more important in the terms of reference for comparison with others 1 2 3 ES 3 2 All the instruments must be reusable must be subjected to numerous cycles of ethylene oxide sterilization and autoclaving must not be subjected to corrosion must be made of stainless materials must be available for presterilizing cleaning disinfection sterilization 3 4 2015 01 Page 44 of 60 ANNEXII III for LOT 4 TECHNICAL SPECIFICATIONS TECHNICAL OFFER Contract title Supply and delivery of the Portable ultrasound apparatus of high class for general studies including vascular and obstetric and gynecological studies for GRCH p 1 Publication reference IPBU 03 01 00 20 663 11 03 Lot no 4 Column 1 2 should be completed by the Contracting Authority Column 3 4 should be completed by the tenderer Column 5 is reserved for the evaluation committee Annex III the Contractor s technical offer The tenderers are requested to complete the template on the next pages Column 2 is completed by the Contracting Authority shows the required specifications not to be modified by the tenderer Column 3 is to be filled in by the tenderer and must detail what is offered for example the words complia
91. ment of inspiratory time and frequency of mechanical ventilation The vaporizer adjusting The double plug system automatically closing with the removal of vaporizer which implies the impossibility of simultaneous use of two evaporators Both evaporators should be placed on the base station of the apparatus the possibility of vertical locking of the third inactive evaporator on the unit The monitoring system of ventilator anaesthesia respiratory composition of the gas mixture parameters 1 Collation processing and display of all ventilation and gas parameters on a colour flat screen Adjustment of the brightness of the screen and coding of the basic settings of the fan 2 Trend display with zooming to a concentration of 20 CO2 O2 volatile anaesthetics cardiac output lung compliance Time trends 0 5 1 2 4 and 8 hours The log of all events alarms and measured values Digital display of measured values 3 Monitoring the concentration of O2 CO2 N2O and volatile anesthetic at inhale and exhale Backflow selected for the sample gas must be removed from the patient circuit 4 Monitoring of the airway pressure Ppeak Pplato PEEP Pmean respiratory rate tidal volume minute ventilation lung compliance 5 Continuous display of actual concentrations of oxygen nitrous oxide anaesthetic s carbon dioxide inhalation and exhalation Automatic recognition of anaesthetic and mixtures of different anaesthetics halothane
92. n euro Lots The tenderer may submit a tender for several or all of the lots Each lot will form a separate contract and the quantities indicated for different lots will be indivisible The tenderer must offer the whole of the quantity or quantities indicated for each lot Under no circumstances must tenders for part of the quantities required be taken into consideration If the tenderer is awarded more than one lot a single contract may be concluded covering all those lots A tenderer may include in its tender the overall discount it would grant in the event of some or all of the lots for which it has submitted a tender being awarded The discount should be clearly indicated for each lot in such a way that it can be announced during the public tender opening session Contracts will be awarded lot by lot but the Contracting Authority may select the most favourable overall solution after taking account of any discounts offered Period of validity Tenderers will be bound by their tenders for a period of 90 days from the deadline for the submission of tenders 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 Such requests and the responses to them must be made in writing Tenderers that agree to do so will not be permitted to modify their tenders and they are bound to extend the validity of their tender guarantees for the rev
93. n evidence available to both Parties that delivery of the supplies has taken place in accordance with the terms of the contract and the invoice s and all such other documentation specified in the Special Conditions have been submitted to the Contracting Authority Where the supplies are delivered to an establishment of the Contracting Authority the latter shall bear the responsibility of bailee in accordance with the requirements of the law applicable to the contract during the time which elapses between delivery for storage and acceptance 30 Verification operations 30 1 The supplies shall not be accepted until the prescribed verifications and tests have been carried out at the expense of the Contractor The inspections and tests may be conducted before shipment at the point of delivery and or at the final destination of the goods 30 2 The Project Manager shall during the progress of the delivery of the supplies and before the supplies are taken over have the power to order or decide a the removal from the place of acceptance within such time or times as may be specified in the order of any supplies which in the opinion of the Project Manager are not in accordance with the contract b their replacement with proper and suitable supplies c the removal and proper re installation notwithstanding any previous test thereof or interim payment therefore of any installation which in respect of materials workmanship or design for which th
94. n may result in our exclusion from this and other contracts funded by the EU EDF We note that the Contracting Authority is not bound to proceed with this invitation to tender and that it reserves the right to award only part of the contract It will incur no liability towards us should it do so We fully recognise and accept that we may be excluded from tender procedures and contracts in accordance with Section 2 3 4 of the Practical Guide to contract procedures for EU external actions for a maximum period of 5 years from the date on which the infringement is established and up to 10 years in the event of a repeat offence within the 5 years of the above mentioned date Furthermore we acknowledge that should we make false declarations or commit substantial errors irregularities or fraud we will also be subject to financial penalties representing 2 to 10 of the total estimated value of the contract being awarded This rate may be increased to 4 to 20 in the event of a repeat offence within 5 years of the first infringement We are aware that for the purposes of safeguarding the financial interests of the Communities our personal data may be transferred to internal audit services to the European Court of Auditors to the Financial Irregularities Panel or to the European Anti Fraud Office Delete as applicable 2015 1 Page 2 of 70 Dossier 663 3 docx If this declaration is being completed by consortium member The following ta
95. nce of financial and economic standing and technical and professional capacity within 15 calendar days following the notification of award or if the successful tenderer is found to have provided false information the award will be considered null and void In such a case the Contracting Authority may award the tender to the next lowest tenderer or cancel the tender procedure The Contracting Authority reserves the right to vary quantities specified in the tender by 100 at the time of contracting and during the validity of the contract The total value of the supplies may not as a result of the variation rise or fall by more than 25 of the original financial offer in the tender The unit prices quoted in the tender shall be used 2015 01 Page 7 of 70 21 5 Within 30 days of receipt of the contract signed by the Contracting Authority the selected tenderer must sign and date the contract and return it with the performance guarantee if applicable to the Contracting Authority On signing the contract the successful tenderer will become the Contractor and the contract will enter into force 21 6 If it fails to sign and return the contract and any financial guarantee required within 30 days after receipt of notification the Contracting Authority may consider the acceptance of the tender to be cancelled without prejudice to the Contracting Authority s right to seize the guarantee claim compensation or pursue any other remedy in respect of such f
96. ne laid down in Article 28 1 has expired the Contractor may within two months of late payment claim late payment interest at the rediscount rate applied by the issuing institution of the country of the Contracting Authority where payments are in national currency at the rate applied by the European Central Bank to its main refinancing transactions in euro as published in the Official Journal of the European Union C series where payments are in euro on the first day of the month in which the deadline expired plus seven percentage points The late payment interest shall apply to the time which elapses between the date of the payment deadline exclusive and the date on which the Contracting Authority s account is debited inclusive 28 3 Any default in payment of more than 90 days from the expiry of the period laid down in Article 28 1 shall entitle the Contractor either not to perform the contract or to terminate it with 30 days prior notice to the Contracting Authority and the Project Manager ACCEPTANCE AND MAINTENANCE 29 Delivery 29 1 The Contractor shall deliver the supplies in accordance with the conditions of the contract The supplies shall be at the risk of the Contractor until their provisional acceptance 2015 01 Page 26 of 70 29 2 The Contractor shall provide such packaging of supplies as is required to prevent their damage or deterioration in transit to their destination as indicated in the contract The packaging s
97. ng the Contracting Authority shall send a registered letter with acknowledgement of receipt which shall set a new deadline of no less than 15 days from the day of delivery of the letter 11 6 The Contracting Authority shall demand payment from the guarantee of all sums for which the guarantor is liable under the guarantee due to the Contractor s default under the contract in accordance with the terms of the guarantee and up to the value thereof The guarantor shall without delay pay those sums upon demand from the Contracting Authority and may not raise any objection for any reason whatsoever Before making any claim under the performance guarantee the Contracting Authority shall notify the Contractor stating the nature of the default in respect of which the claim is to be made 11 7 Except for such part as may be specified in the Special Conditions in respect of after sales service the performance guarantee shall be released within 45 days of the issue of the final acceptance certificate 12 Insurance 12 1 An insurance policy may be required to cover the carriage of supplies the conditions of this insurance policy may be specified in Article 12 of the Special Conditions which may also specify other types of insurance to be taken out by the Contractor 12 2 Notwithstanding the Contractor s insurance obligations under Article 12 1 the Contractor shall bear sole liability for and indemnify the Contracting Authority and the Project Manager agai
98. ns Participation of natural persons is directly governed by the specific instruments applicable to the programme under which the contract is financed Point 3 1 is not applicable to this tender IPBU 03 01 00 20 663 1 1 03 These terms refer to all nationals of the above states and to all legal entities companies or partnerships established in the above states For the purposes of proving compliance with this rule tenderers being legal persons must present the documents required under that country s law In case of doubt the Contracting Authority may ask the tenderer to provide evidence demonstrating actual compliance with the establishment criteria For this purpose legal person have to demonstrate that their legal person is formed under the law of an eligible State and that its real seat is within an eligible State Real seat must be understood as the place where its managing board and its central administration are located or its principal place of business These rules apply to a tenderers b members of a consortium 1 DAP Delivered At Place Incoterms 2010 International Chamber of Commerce http www iccwbo org products and services trade facilitation incoterms 2010 the incoterms rules 2015 01 Page 3 of 70 3 4 3 9 3 6 4 2 7 1 7 2 7 3 7 4 8 1 8 2 8 3 10 10 1 c any subcontractors Natural persons companies or undertakings falling into one of the situations set out in section 2
99. nst any claims by third parties for damage to property or personal injuries arising from the execution of the contract by the Contractor his subcontractors and their employees 13 Programme of implementation of the tasks 13 1 If the Special Conditions so require the Contractor shall submit a programme of implementation of the tasks for the approval of the Project Manager The programme shall contain at least the following a the order in which the Contractor proposes to perform the contract including design manufacture delivery to place of receipt installation testing and commissioning b the deadlines for submission and approval of the drawings c a general description of the methods which the Contractor proposes to adopt for executing the contract and d such further details and information as the Project Manager may reasonably require 13 2 The Special Conditions shall specify the time limit within which the programme of implementation of the tasks must be submitted to the Project Manager for approval They may set time limits within which the Contractor must submit all or part of the detailed drawings documents and items They shall also state the deadline for the Project Manager s approval or acceptance of the programme of implementation detailed drawings documents and items The approval of the programme by the Project Manager shall not relieve the Contractor of any of his obligations under the contract 13 3 No material alterat
100. nt or yes are not sufficient Column 4 allows the tenderer to make comments on its proposed supply and to make eventual references to the documentation The eventual documentation supplied should clearly indicate highlight mark the models offered and the options included if any so that the evaluators can see the exact configuration Offers that do not permit to identify precisely the models and the specifications may be rejected by the evaluation committee The offer must be clear enough to allow the evaluators to make an easy comparison between the requested specifications and the offered specifications 1 2 3 4 5 Item Specifications Required Specifications Offered Notes remarks Evaluation Number ref to documentation Committee s notes Portable ultrasound apparatus of high class for general studies including vascular and obstetric and gynecological studies 2 units Equipment configuration 1 1 1 1 Digital channels not less than 16000 fot aed Maximum Depth not less than 30cm Dynamic Range notlessthan200Db_ poco in B Battery time notlessthan2hours o oo O Digital Beamformer not less than 7 beam on all probes 116 _ Dual live presence zoom S 118 Weight more than 6 kg pou Frame rate in B mode not less than 850 fr sec Portable high end ultrasound machine presence 2015 01 Page 45 of 60 Ultrasound Gel 20 liters 1
101. ny or all of the following materials notifications and documents pertaining to spare parts manufactured or distributed by the Contractor a such spare parts as the Contracting Authority may choose to purchase from the Contractor it being understood that this choice shall not release the Contractor from any warranty obligations under the contract b in the event of termination of production of the spare parts advance notification to the Contracting Authority to allow it to procure the parts required and following such termination provision at no cost to the Contracting Authority of the blueprints drawings and specifications of the spare parts if and when requested 34 Final acceptance Upon expiry of the warranty period or where there is more than one such period upon expiry of the latest period and when all defects or damage have been rectified the Project Manager shall issue the Contractor a final acceptance certificate with a copy to the Contracting Authority stating the date on which the Contractor completed his obligations under the contract to the Project Manager s satisfaction The final acceptance certificate shall be issued by the Project Manager within 30 days of the expiry of the warranty period or as soon as any 34 1 repairs ordered under Article 32 have been completed to the satisfaction of the Project Manager 34 2 The contract shall not be considered to have been performed in full until the final acceptance certificate has be
102. o Komsomola Grodno Republic of Belarus opening hours 8 00 16 00 local time in Belarus Tenders must comply with the following conditions 10 2 All tenders must be submitted in one original marked original and 2 copies signed in the same way as the original and marked copy 10 3 All tenders must be received at August 11 2015 before the deadline date and time 11 00 local time in Belarus by registered letter with acknowledgement of receipt or hand delivered against receipt signed by Tenderer or its representative 10 4 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 i e IPBU 03 01 00 20 663 11 03 where applicable the number of the lot s tendered for d the words Not to be opened before the tender opening session in the language of the tender dossier and equivalent phrase in the russian language the name of the tenderer The technical and financial offers must be placed together in a sealed envelope The envelope should then be placed in another single sealed envelope package unless their volume requires a separate submission for each lot 11 Content of tenders All tenders submitted must comply with the requirements in the tender dossier and comprise Part 1 Technical offer a detailed description of the supplies tendered in conformity with the technical specificati
103. of adjusting the maximum absorption rate of not less than 501 min 6 Oxygen dispenser must provide a reliable reduction of the high pressure 2 6 atmospheres continuous oxygen flow supplied to the patient in the range from 1 to 32 litres adjustable to oxygen masks or supplied AMBU bag Special requirements to the patient monitor 1 The monitor should be fixed with a movable arm to the base unit of anaesthesia apparatus monitor screen positionable at different angles for optimal imaging of displayed parameters 2 The monitor shall provide the following monitoring functions heart rate respirografy BH pulse oximetry plethysmography PE non invasive blood pressure temperature invasive pressure not less than 3 channels cardiac output monitoring EEG bispectral index neuro muscular transmission heart emission by PICCO 3 The monitor must have trend memory with providing the following capabilities Registration of at least 50 events The information stored for each event should include segments lasting at least 20 seconds for all curves the numerical values of all monitored parameters Monitors must have built in memory to record graphic and tabular trends and must be set in the range from 10 min to 24 hours Choice of manual or automatic mode trending i e the possibility of placing each of the monitored functions on a user defined trend channel Digital display and graphic trends with trend graphs the
104. of any of the goods prevents the normal use of the supplies as a whole the liquidated damages provided for in paragraph 21 1 shall be calculated on the basis of the total contract value 21 3 If the Contracting Authority has become entitled to claim at least 15 of the contract value it may after giving written notice to the Contractor seize the performance guarantee terminate the contract in which case the Contractor will have no right to compensation and enter into a contract with a third party for the provision of the balance of the supplies The Contractor shall not be paid for this part of the contract The Contractor shall also be liable for the additional costs and damages caused by his failure 22 Variations 22 1 Subject to the limits set in the Practical Guide to contract procedures for EC external actions the Contracting Authority reserves the right to vary the quantities as stated in the Special Conditions The total value of the supplies may not rise or fall as a result of the variation in the quantities by more than 25 of the tender price The unit prices used in the tender shall be applicable to the quantities procured under the variation Substantial modifications to the contract including modifications to the total contract amount must be made by means of an addendum 22 2 The Project Manager shall have the power to order any variation to any part of the supplies necessary for the proper completion and or functioning
105. of business Current assets include cash accounts receivable inventory marketable securities prepaid expenses and other liquid assets that can be readily converted to cash A company s debts or obligations that are due within one year Current liabilities appear on the company s balance sheet and include short term debt accounts payable accrued liabilities and other debts 2015 1 Page 3 of 70 Dossier 663 3 docx 4 STAFF RESOURCES Please provide the following personnel statistics for the current year and the two previous years Average Year before last Last year This year manpower Overall Total for Overall Total for Overall Total for fields fields fields related to related to related to this this this contract 25 contract contract em R proportion of total staff 25 Tf this tender is being submitted by a consortium the data in the table above must be the sum of the data in the corresponding tables in the declarations provided by the consortium members see point 7 of this tender form for a supply contract 26 Corresponding to the relevant specialisms identified in point 5 below 7 Staff directly employed by the Tenderer a permanent basis i e under indefinite contracts Other staff not directly employed by the Tenderer on a permanent basis i e under fixed term contracts 2015 1 Page 4 of 70 Dossier 663 3 docx 5 FIELDS OF SPECIALISATION Please use t
106. of the supplies Such variations may include additions omissions substitutions changes in quality quantity form character kind as well as drawings designs or specifications where the supplies are to be specifically manufactured for the Contracting Authority method of shipment or packing place of delivery and in the specified sequence method or timing of implementation of the tasks No order for a variation may result in the invalidation of the contract but the financial effect of any such variation shall be valued in accordance with Article 22 6 22 3 No variation shall be made except by administrative order subject to the following provisions a if for whatever reason the Project Manager believes it necessary to give an order orally he she shall confirm the order by an administrative order as soon as possible b if the Contractor confirms in writing an oral order given for the purpose of Article 22 3 a and the confirmation is not contradicted in writing forthwith by the Project Manager an administrative order shall be deemed to have been issued for the variation c an administrative order for a variation shall not be required when increasing or decreasing the quantity of any work because the estimates in the budget breakdown were too high or too low 22 4 Save where Article 22 2 provides otherwise prior to issuing an administrative order for a variation the Project Manager shall notify the Contractor of the nature and form of that
107. of the warranty period Remarks Tenderers are requested to follow this order of presentation refers to templates attached to the tender dossier These templates are also available on http ec europa eu europeaid work procedures index_en htm 12 Taxes and other charges The applicable tax and customs arrangements are the following The European Commission and the Republic of Belarus have agreed in the Framework Agreement between the Government of Belarus and the Commission of the European Communities signed on 18 December 2008 to allow full exemption from the following taxes Customs and import duties taxes or any other charges having equivalent effect imposed in the Republic of Belarus Value added tax documentary stamp and registration duties or any other internal fiscal charges having equivalent effect imposed in the Republic of Belarus For supplies to be imported into the country of the Contracting Authority all duties and taxes applicable to their importation including VAT shall be excluded and are not acceptable to the buyer Presidential Decree the Republic of Belarus October 22 2003 Ne 460 On International Technical Assistance Rendered to the Republic of Belarus 13 Additional information before the deadline for submission of tenders The tender dossier should be so clear that tenderers do not need to request additional information during the procedure If the Contracting Authority on its Own initiati
108. on form number instead of the financial identification form or a copy of the financial identification form provided on that occasion if no change has occurred in the meantime The legal entity file and the supporting documents Tenderers that have already signed another contract with the European Commission may provide their legal entity number instead of the legal entity sheet and supporting documents or a copy of the legal entity sheet provided on that occasion if no change in legal status has occurred in the meantime To be supplied in free text format A description of the warranty conditions which must be in accordance with the conditions laid down in Article 32 of the General Conditions A statement by the tenderer attesting the origin of the supplies tendered or other proofs of origin Duly authorised signature an official document statutes power of attorney notary statement etc proving that the person who signs on behalf of the company joint venture consortium is duly authorised to do so The warranty period shall be less than 24 months from the day of signing of the equipment acceptance certificate during this period the Contractor shall perform repairs free of charge or replace the equipment with new one The Contractor shall not be liable for damages inflicted during operation if they are caused by failure to comply with the operation manual During the warranty period the Contractor undertakes to make r
109. on which such impossibility ceases to exist The Contractor shall not invoke these circumstances in order to avoid the obligation of presenting the supplies in a state suitable for acceptance 2015 01 Page 27 of 70 31 4 If the Project Manager fails either to issue the certificate of provisional acceptance or to reject the supplies within the period of 30 days he she shall be deemed to have issued the certificate on the last day of that period except where the certificate of provisional acceptance is deemed to constitute a certificate of final acceptance In this case Article 34 2 below does not apply If the supplies are divided by the contract into lots the Contractor shall be entitled to apply for a separate certificate for each lot 31 5 In case of partial delivery the Contracting Authority reserves the right to give partial provisional acceptance 31 6 Upon provisional acceptance of the supplies the Contractor shall dismantle and remove temporary structures and materials no longer required for use in connection with the implementation of the contract He shall also remove any litter or obstruction and redress any change in the condition of the place of acceptance as required by the contract 32 Warranty obligations 32 1 The Contractor shall warrant that the supplies are new unused of the most recent models and incorporate all recent improvements in design and materials unless otherwise provided in the contract The Contractor shall fu
110. one 3 Ses pru G 55 a E Z BY se E S 5 E ue Conditions a D BO S S 2 8 gf Yes No Not OF 5 5 5 5 29 gt 8 5 Y N applicable gt E IS 35 ex SEDES a 5 EE 15 EIS BEBO i B S t D E 98 S E 8 amp z 9 lt E 1 2 3 4 Evaluator s name amp signature Evaluator s name amp signature Evaluator s name amp signature Date 14 The selection criteria in the previous section of this form have to be met before the technical requirements are assessed 2015 01 Page 58 of 60 EVALUATION GRID Lot 4 Contract title SUPPLY DELIVERY OF THE MEDICAL EQUIPMENTS FOR GRODNO REGIONAL CLINICAL HOSPITAL Publication reference IPBU 03 01 00 20 663 11 03 Name of Tenderer Rules of origin CN z E Subcontracting statement Other technical Justification 9 e s s S respected 5 dem m P in accordance with art 6 requirements in tender notes 9 2 g lt S c o of the General dossier e Y N one 3 EXT pru G 55 a E Z BY se E S 5 E ue Conditions a D BO S S 2 9 gf Yes No Not OF 5 5 5 5 29 gt 8 5 Y N applicable gt p IS 35 amp d d E E 19 HIS BEBO os D E 98 S E 8 amp 9 lt E 1 2 3 4
111. ons including any documentation required including if applicable o a list of the spare parts and consumables recommended by the manufacturer o a proposal for after sales service over 10 years o a training proposal indicate training needs o technical proposals related to ancillary services The technical offer should be presented as per template Annex Contractor s technical offer adding separate sheets for details if necessary Part 2 Financial offer A financial offer calculated on DAP Grodno basis for the supplies tendered including if applicable o financial proposal for spare parts and consumables for use for lyear with itemised price list o financial proposal for after sales services for 10 year s o financial proposal for training o financial proposal related to ancillary services This financial offer should be presented as per template Annex IV Budget breakdown adding separate sheets for details if necessary An electronic version of the financial offer Part 3 Documentation To be supplied using the templates attached The Tender Form for a Supply Contract duly completed which includes the_tenderer s declaration point 7 from each member if a consortium The details of the bank account into which payments should be made financial identification form Tenderers that have already signed another contract with the European Commission may provide their financial identificati
112. ontractor force majeure or other circumstances beyond the control of the Contracting Authority the Contractor shall be entitled to claim in addition to sums owing to it for work already performed an indemnity for loss suffered 37 Termination by the Contractor 37 1 The Contractor may after giving 14 days notice to the Contracting Authority terminate contract if the Contracting Authority 2015 01 Page 29 of 70 fails to pay the Contractor the amounts due under any certificate issued the Project Manager after the expiry of the deadline stated in the Special Conditions consistently fails to meet its obligations after repeated reminders or suspends the delivery of the supplies or any part thereof for more than 180 days for reasons not specified in the contract or not attributable to the Contractor 37 2 Termination shall be without prejudice to any other rights or powers under the contract of the Contracting Authority and the Contractor 37 3 In the event of such termination the Contracting Authority shall pay the Contractor for any loss or damage the Contractor may have suffered 38 Force majeure 38 1 Neither Party shall be considered to be in default or in breach of its obligations under the contract if the performance of such obligations is prevented by any event of force majeure arising after the date of notification of award or the date when the contract becomes effective 38 2 For the purposes of this Article
113. or substantially fails to perform his obligations under this contract b the Contractor fails to comply within a reasonable time with a notice given by the Project Manager requiring it to make good any neglect or failure to perform his obligations under the contract which seriously affects the proper and timely implementation of the tasks c the Contractor refuses or neglects to carry out administrative orders given by the Project Manager d the Contractor assigns the contract or subcontracts without the authorisation of the Contracting Authority e the Contractor is bankrupt or being wound up is having its affairs administered by the courts has entered into an arrangement with creditors has suspended business activities is the subject of proceedings concerning those matters or is in any analogous situation arising from a similar procedure provided for in national legislation or regulations f the Contractor has been convicted of an offence concerning professional conduct by a judgment which has the force of res judicata g the Contractor has been guilty of grave professional misconduct proven by any means which the Contracting Authority can justify h the Contractor has been the subject of a judgment which has the force of res judicata for fraud corruption involvement in criminal organisation or any other illegal activity detrimental to the European Union s financial interests 1 the Contractor following another procurement procedur
114. oulvar Leninskogo Komsomola Grodno 230017 Republic of Belarus Delivery period shall be within 45 days after signing the contract by two sides and the Incoterm applicable shall be DAP Republic of Belarus Grodno Puchkova St 13 Customs clearance point No 16457 Grodno GAP 2 The implementation period of tasks shall run from the day of the pre payment to the date for provisional acceptance 1 2 The Contractor shall comply strictly with the terms of the Special Conditions and the technical annex 1 3 The supplies which form the subject of the contract lots No 1 4 must be accompanied by the spare parts described by the Contractor in its tender and by the accessories other items necessary for using the goods over a period of 10 years as specified in the Instructions to Tenderers No IPBU 03 01 00 20 663 1 1 03 EC
115. own to a depth of 30 cm even in patients with difficult conditions scanning presence Calculation Packages 134 Measurements of the musculoskeletal system superficial organs iu obstetric gynecological and urological vessels presence 1 3 2 System backup and later viewing of static and dynamic images with the possibility of measurements and calculations presence 2015 01 Page 46 of 60 1 1 1 1 1 1 1 1 1 Convex probe for abdominal studies presence A MEME 14 142 fa gt MEME p E Trapezoidal imaging not less than 20 Microconvex Endocavity probe for gynecological and urological frequency range 4 9 MHz of curvature no more than 10 mm 144 Phased array probe for cardio vascular studies presence jfrequencyrange 2 M4 MHz The physical size of the radiating surface no more than 10 mm not less 9 15 Datamanagementsystem Z oZ o o G S L5 The hard disk drive system not less than 500 152 Possibility to work in a network DICOM 30 possibility 1 153 System Backup 2 USB pors presene 5 Cine memory not less than 8000 frames NOTE this requirements of technical speci
116. r in writing the Contractor shall continue to perform his obligations under the contract as far as is reasonably practicable and shall employ every reasonable alternative means to perform any obligations that the event of force majeure does not prevent it from performing The Contractor shall not employ such alternative means unless directed to do so by the Project Manager 38 5 If the Contractor incurs additional costs in complying with the Project Manager s directions or using alternative means under Article 38 4 the amount thereof shall be certified by the Project Manager 38 6 If circumstances of force majeure have occurred and continue for a period of 180 days then notwithstanding any extension of time for completion of the contract that the Contractor may by reason thereof have been granted either Party shall be entitled to serve the other with 30 days notice to terminate the contract If on the expiry of the period of 30 days the situation of force majeure still applies the contract shall be terminated and by virtue of the law governing the contract the Parties shall be released from further execution of the contract 39 Decease 39 1 Where the Contractor is a natural person the contract shall be automatically terminated if that person dies However the Contracting Authority shall examine any proposal made by the heirs or beneficiaries if they have notified their wish to continue the contract The decision of the Contracting Authority
117. ractor shall respect and abide by all laws and regulations in force according to article 2 of the Special Conditions and shall ensure that his personnel their dependants and his local employees also respect and abide by all such laws and regulations The Contractor shall indemnify the Contracting Authority against any claims and proceedings arising from any infringement by the Contractor his employees and their dependants of such laws and regulations The Contractor shall respect internationally agreed core labour standards e g the ILO core labour standards conventions on freedom of association and collective bargaining elimination of forced and compulsory labour elimination of discrimination in respect of employment and occupation and the abolition of child labour 9 3 The Contractor shall treat all documents and information received in connection with the contract as private and confidential He shall not save in so far as may be necessary for the purposes of the contract s execution publish or disclose any particulars of the contract without the prior consent in writing of the Contracting Authority or the Project Manager If any disagreement arises as to the necessity for any publication or disclosure for the purpose of the contract the decision of the Contracting Authority shall be final 9 4 If the Contractor is a joint venture or consortium of two or more persons all such persons shall be jointly and severally bound to fulfil the terms of the
118. rder E ERR PENNE rn 15 Article 9 Penod or immplementanomOr th Tasks aed es ub toto e ot io uer esed ke tte coe id at 15 Article 24 Quality Of Supplies iiid te P Ghee ape a a eee etd Rete 15 Article 23 Inspection and Sey eid ie pauco a eode a 15 Article 26 General principles Tor pay Ment 15 Article 29 DELIV 15 Axrucie Provisional dE CODUTIOE EHE du SIRO tes udi dest 15 Article 32 Warranty ONS all ONS oh pe DAR DU dde ia tor Adal ene usted een idt 16 Article 33 Adler Sales us i ned po oed e pau Sudden a e Rs aeos 16 Article Settlement oL disputes soeur t used serate best te shes a bil 16 Article 45 Supplementary Clauses e eec oe Let ice spl basia Viam ORE ug Lc oU St iuda m Ue e apr o Ul tou tad gius 16 These conditions amplify and supplement if necessary the General Conditions governing the Contract Unless the Special Conditions provide otherwise those General Conditions remain fully applicable The numbering of the Articles of the Special Conditions is not consecutive but follows the numbering of the Articles of the General Conditions In exceptional cases and with the authorisation of the appropriate Commission departments other clauses may b
119. referred to in Article 10 1 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 1 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 The Contracting Authority retains ownership of all tenders received under this tender procedure Consequently tenderers have no right to have their tenders returned to them 18 Joint venture or consortium 18 1 Ifa tenderer is joint venture or consortium of two or more persons the tender must be a single one with the object of securing a single contract each person must sign the tender and will be jointly and severally liable for the tender and any contract Those persons must designate one of their members to act as leader with authority to bind the joint venture or consortium The composition of the joint venture or consortium must not
120. rther warrant that all supplies shall have no defect arising from design materials or workmanship except insofar as the design or materials are required by the specifications or from any act or omission that may develop under use of the supplies in the conditions obtaining in the country of the Contracting Authority This warranty shall remain valid as specified in the Special Conditions 32 2 The Contractor shall be responsible for making good any defect in or damage to any part of the supplies which may appear or occur during the warranty period and which a results from the use of defective materials faulty workmanship or design of the Contractor or b results from any act or omission of the Contractor during the warranty period or appears in the course of an inspection made by or on behalf of the Contracting Authority 32 3 The Contractor shall at his own cost make good the defect or damage as soon as practicable The warranty period for all items replaced or repaired shall recommence from the date on which the replacement or repair was made to the satisfaction of the Project Manager If the contract provides for partial acceptance the warranty period shall be extended only for the part of the supplies affected by the replacement or repair 32 4 If any such defect appears or such damage occurs during the warranty period the Contracting Authority or the Project Manager shall notify the Contractor If the Contractor fails to remedy
121. s clearly identifying estimated figures in italics Figures in all columns must be on the same basis to allow a direct year on year comparison to be made or if the basis has changed an explanation of the change must be provided as a footnote to the table Any clarification or explanation which is judged necessary may also be provided Financial data Year Last Average before last year 20 Annual turnover excluding this contract Current Assets Natural persons have to prove their capacity in accordance with the selection criteria and by the appropriate means Tf this application is being submitted by a consortium the data in the table above must be the sum of the data in the corresponding tables in the declarations provided by the consortium members see point 7 of this tender form for a supply contract P Last year last accounting year for entity 21 Amounts entered in the Average column must be the mathematical average of the amounts entered in the three preceding columns of the same row The gross inflow of economic benefits cash receivables other assets arising from the ordinary operating activities of the enterprise such as sales of goods sales of services interest royalties and dividends during the year balance sheet account that represents the value of all assets that are reasonably expected to be converted into cash within one year in the normal course
122. s by European Union bodies eese 32 2015 01 Page 18 of 70 PRELIMINARY PROVISIONS 1 Definitions 1 1 The headings and titles in these General Conditions shall not be taken as part thereof or be taken into consideration in the interpretation of the contract 1 2 Where the context so permits words in the singular shall be deemed to include the plural and vice versa and words in the masculine shall be deemed to include the feminine and vice versa 1 3 Words designating persons or parties shall include firms and companies and any organisation having legal capacity 1 4 The definitions of the terms used throughout this General Conditions are laid down in the Glossary of terms annex Al to the Practical Guide to contract procedures for EC external actions which forms an integral part of this contract 2 Law and language of the contract 2 1 The Special Conditions shall specify the law governing all matters not covered by the contract 2 2 The contract and all written communications between the parties will be drafted in the language of the procedure 3 Order of precedence of contract documents 3 1 Save where otherwise provided in the special conditions the contract is made up of the following documents in order of precedence a the contract agreement b the Special Conditions c the General Conditions Annex I d the Technical Specifications Annex II including clarifications before the deadline for submission o
123. s of public law to which they are subject Documents must be easily accessible and filed so as to facilitate their examination and the Consultant must inform the Contracting Authority of their precise location 43 4 The Contractor guarantees that the rights of the European Commission of the European Anti Fraud Office and of the European Court of Auditors to carry out audits checks and verification will be equally applicable under the same conditions and according to the same rules as those set out in this Article to any sub contractor or any other party benefiting from EU or EDF funds 2015 01 Page 32 of 70 ANNEXII for LOT 1 TECHNICAL SPECIFICATIONS TECHNICAL OFFER Contract title Supply and delivery of the Anaesthesia respiratory high class apparatus with gas and hemodynamic monitoring for GRCH p 1 Publication reference IPBU 03 01 00 20 663 11 03 Lot no 1 Column 1 2 should be completed by the Contracting Authority Column 3 4 should be completed by the tenderer Column 5 is reserved for the evaluation committee Annex III the Contractor s technical offer The tenderers are requested to complete the template on the next pages Column 2 is completed by the Contracting Authority shows the required specifications not to be modified by the tenderer Column 3 is to be filled in by the tenderer and must detail what is offered for example the words compliant or yes are not sufficient Column 4 allows the tenderer to make
124. s to make repairs in 3 working days 7 working days if spare parts are supplied from abroad In case of failure to observe these time limits 3 7 days the Contractor must provide a spare component unit till repairs are completed The warranty period shall be extended for the duration of repairs The Contractor shall provide a new faultless component unit if the component unit installed initially has been repaired three times during the warranty period In case of the hard disk drive repair when its replacement is necessary the Contracting Authority shall keep the faulty hard disk drive In case of replacement of a component unit the Contractor shall provide at least a 12 month warranty for a newly installed unit But this warranty period may not expire earlier than the general warranty period For the purposes of service maintenance the Contractor shall have the right of unrestricted access to the equipment At the end of the warranty period the Contractor within the limits of the price of the contract shall carry out technical inspection of the equipment The Contractor shall notify the Contracting Authority about time of inspection The Contractor shall confirm the inspection with a report which shall be submitted to the Contracting Authority The Contracting Authority shall have the right to apply for expert evaluation if the Contractor rejects warranty claims If claims are reasonable the Contractor shall pay these evaluation cos
125. sary the Contracting Authority will undertake to obtain in accordance with the Special Conditions the requisite permits or import licences within a reasonable period taking account of the implementation dates for the tasks 8 4 Subject to the provisions of the laws and regulations on foreign labour of the states in which the supplies are to be delivered the Contracting Authority shall make every effort to help the Contractor obtain all the visas and permits required for the personnel whose services the Contractor and the Contracting Authority consider necessary and residence permits for their families OBLIGATIONS OF THE CONTRACTOR 9 General Obligations 9 The Contractor shall implement the contract with due care and diligence including where specified the design manufacture delivery to site erecting testing and commissioning of the supplies and carrying out of any other work including the remedying of any defects in the supplies The Contractor shall also provide all necessary equipment supervision labour and facilities required for the implementation of the tasks Contractor considers that the requirement of an administrative order goes beyond the scope of the contract it shall on pain of breach of contract notify the Project Manager thereof giving his reasons within 30 days of receipt of the order Execution of the administrative order shall not be suspended because of this notice 9 2 For matters not governed by the contract the Cont
126. scope set reusable 5 blades 2 sets Ventilator has to be intended for short ventilation in patients in different age groups and must have the following ventilation modes and special functions IPPV Volume Controlled Controlled Mandatory Ventilation IMV SIMV Synchronized Intermittent Mandatory Ventilation CPAP CPAP ASB Spontaneous Continuous Positive Airway Pressure BIPAP Biphasic Positive Airway Pressure NIV Non invasive ventilation Mask ventilation The O2 inhalation function Apnea ventilation Cardio pulmonary resuscitation function The function Manual inspiration Inspiration hold Integrated capnography function mainstream CO2 measurement Monitoring Minute volume MVe Airway pressure Tidal volume VTe Frequency measurement CO2 measurement Curve display of Airway pressure Flow CO2 Apnoea alarm time Indication of battery capacity battery operation Volume of current oxygen flow Operating data Inspiration time Tinsp 0 2 10 s Ventilation time ratio EE 1 100 50 1 Ventilation Respiratory Rate 1 50 min Tidal volume VT 50 2000 ml Trigger sensitivity 1 15 l min Inspiratory pressure Pinsp 5 50 mbar PEEP 0 15 mbar Pressure support 0 30 mbar O2 concentration 40 100 Vol Page 41 of 60 Additional requirements Battery life for typical ventilation is not less than 4 hours Indication of battery capacity on
127. shall be notified to those concerned within 30 days of receipt of such proposal 39 2 Where the Contractor consists of a number of natural persons and one or more of them die a report shall be agreed between the Parties on the progress of the contract and the Contracting Authority shall decide whether to terminate or continue the contract in accordance with the undertaking given by the survivors and by the heirs or beneficiaries as the case may be 39 3 In the cases provided for in Articles 39 1 and 39 2 persons offering to continue to perform the contract shall notify the Contracting Authority thereof within 15 days of the date of decease 39 4 Such persons shall be jointly and severally liable for the proper execution of the contract to the same extent as the original Contractor Continuation of the contract shall be subject to the rules relating to establishment of the guarantee provided for in Article 11 DISPUTE SETTLEMENT 40 Dispute settlement 40 1 The Parties shall make every effort to settle amicably any dispute relating to the contract which may arise between them 40 2 Once a dispute has arisen a Party shall notify the other Party in writing of the dispute stating its position on the dispute and any solution which it envisages and requesting an amicable settlement The other Party shall respond to this request for amicable settlement within 30 days stating its position on the dispute Unless the Parties agree otherwise the m
128. sposable patient circuit for adults 10 pcs each Reusable sterilizable bacterial filters 5 pcs The holder of the patient circuit with fixing on the rail of the operating table specify the manufacturer of the holder 1 Absorbent for usage with isoflurane and sevoflurane protected from the formation of substance A in disposable canisters 20 kg Vacuum aspirator 1 pc AMBU bag latched on the base unit of the apparatus 1 pc Patient Monitor unit Monitor Contents Multiparameter module for capturing 5 ECG leads SpO2 temperature non invasive blood pressure 1 pc ECG cable for 5 electrode of single core configuration 1 pc ECG electrodes disposable adhesive 50 pcs Reusable pulse oximeter finger clip for adults 2 pcs Adhesive pulse oximeter finger clip for children of different age 20 Reusable intracavitary and dermal temperature sensor 1 pc NEN Pe Sen perc B p I o pO pu EE Set of cuffs of different sizes for non invasive blood pressure monitoring of 7 sizes for children and adults hose for non invasive pressure cuffs 7 pcs The built in module for invasive pressure of 2 channels with a set of cables transducers for monitoring of invasive pressure invasive pressure chamber 50 pcs 1 kit Index monitoring 1 5 The cycle of daily self test of the machine must
129. ssue of any notice consent approval certificate or decision unless otherwise specified such notice consent approval certificate or decision shall be in writing and the words notify certify approve or decide shall be construed accordingly Any such consent approval certificate or decision shall not unreasonably be withheld or delayed 5 Assignment 5 1 An assignment shall be valid only if it is a written agreement by which the Contractor transfers his contract or part thereof to a third party 5 2 The Contractor may not without the prior written consent of the Contracting Authority assign the contract or any part thereof or any benefit or interest thereunder except in the following cases a a charge in favour of the Contractor s bankers of any monies due or to become due under the contract or b the assignment to the Contractor s insurers of the Contractor s right to obtain relief against any other person liable in cases where the insurers have discharged the Contractor s loss or liability 5 3 For the purpose of Article 5 2 the approval of an assignment by the Contracting Authority shall not relieve the Contractor of his obligations for the part of the contract already performed or the part not assigned 5 4 If the Contractor has assigned his contract without authorisation the Contracting Authority may without giving formal notice thereof apply as of right the sanctions for breach of contract provided for in Article 35 and
130. t ST digital mapping the presence of the ECG filter pass bands to reduce the effects of distortion and interference from various equipment Heart Rate 1 Simultaneous digital display of heart rate from at least two sources ECG and plethysmogram or invasive pressure 2 Heart rate measuring range 15 300 minute Permissible measurement error less than 2 Respiration Rate 1 Method of measurement impedance pneumography without age limit and weight of the patient the digital mapping of the RR and the wave RESP 2 The measurement range of RR at least 0 150 minute resolution min Pulse Oximetry plethysmography Digital display of SpO2 with a resolution of 196 Audio tones coding SpO2 values The accuracy in the range of from 70 to 100 296 Noninvasive Blood Pressure 1 Noninvasive blood pressure digital display oscillometric method systolic diastolic and middle with a resolution of 1 mmHg Having Page 38 of 70 2015 01 different installations for maximum cuff pressure depending the patient s age group 2 Measurement of non invasive pressure on demand automatically after a specified period of time to choose from 2 to 240 minutes Monitoring with on time displaying of pressure measurement alarm limits the current cuff pressure Invasive Pressure 1 Each of the monitors should have the possibility of monitoring two invasive pressures without the connection of additional modules and be abl
131. t the Contracting Authority in any way without its prior written consent 41 6 For the duration of the contract the Contractor and his staff shall respect human rights and undertake not to offend the political cultural and religious mores of the beneficiary state 41 7 The Contractor may accept no payment connected with the contract other than that provided for therein The Contractor and his staff must not exercise any activity or receive any advantage inconsistent with their obligations to the Contracting Authority 41 8 The Contractor and his staff shall be obliged to maintain professional secrecy for the entire duration of the contract and after its completion All reports and documents drawn up or received by the Contractor shall be confidential 41 9 The contract shall govern the Parties use of all reports and documents drawn up received or presented by them during the execution of the contract 41 10 The Contractor shall refrain from any relationship likely to compromise his independence or that of his staff If the Contractor ceases to be independent the Contracting Authority may regardless of injury terminate the contract without further notice and without the Contractor having any claim to compensation The Commission reserves the right to suspend or cancel project financing if corrupt practices of any kind are discovered at any stage of the award process and if the Contracting Authority fails to take all appropriate measures to remedy the
132. th the code of conduct of their profession They will refrain from making public statements about the project or services without the Contracting Authority s prior approval They may not commit the Contracting Authority in any way without its prior written consent 23 5 For the duration of the contracts Contractors and their staff must respect human rights and undertake not to offend the political cultural and religious mores of the beneficiary state In particular and in accordance with the legal basic act concerned tenderers that have been awarded contracts must abide by core labour standards as defined in the relevant International Labour Organisation conventions such as the Conventions on freedom of association and collective bargaining Abolition of forced and compulsory labour Elimination of forced and compulsory labour Abolition of child labour 23 6 Contractors may accept no payment connected with the contracts other than that provided for therein Contractors and their staff must not exercise any activity nor receive any advantage inconsistent with their obligations to the Contracting Authority 23 7 Contractors and their staff are obliged to maintain professional secrecy for the entire duration of contracts and after their completion reports and documents drawn up or received by Contractors will be confidential 23 8 The contract governs the Contracting Parties use of all reports and documents drawn up received or presented by them d
133. the administrative conformity of tenders The aim at this stage is to check that tenders comply with the essential requirements of the tender dossier A tender is deemed to comply if it satisfies all the conditions procedures and specifications in the tender dossier without substantially departing from or attaching restrictions to them Substantial departures or restrictions are those which affect the scope quality or execution of the contract differ widely from the terms of the tender dossier limit the rights of the Contracting Authority or the tenderer s obligations under the contract or distort competition for tenderers whose tenders do comply Decisions to the effect that a tender is not administratively compliant must be duly justified in the evaluation minutes If a tender does not comply with the tender dossier it will be rejected immediately and may not subsequently be made to comply by correcting it or withdrawing the departure or restriction Technical evaluation After analysing the tenders deemed to comply in administrative terms the evaluation committee will rule on the technical admissibility of each tender classifying it as technically compliant or non compliant The minimum qualifications required see selection criteria in Contract notice point 16 are to be evaluated at the start of this stage Where contracts include after sales service and or training the technical quality of such services will also be evaluated by using y
134. ties or fraud are attributable to the Contractor the Contracting Authority may also refuse to make payments or may recover monies already paid in proportion to the seriousness of the errors irregularities or fraud The Contracting Authority may also suspend payments in cases where there are suspected or established errors irregularities or fraud committed by the Contractor in the performance of another contract funded by the general budget of the European Union or by budgets managed by it or by EDF which are likely to affect the performance of the present contract 23 8 The purpose of suspending the contract shall be to verify whether presumed substantial errors and irregularities or fraud have actually occurred If they are not confirmed implementation of the contract shall resume as soon as possible A substantial error or irregularity shall be any infringement of a contract or regulatory provision resulting from an act or an omission that causes or might cause a loss to the EU budget or EDF 2015 01 Page 24 of 70 MATERIALS AND WORKMANSHIP 24 Quality of supplies 24 1 The supplies must in all respects satisfy the technical specifications laid down in the contract and conform in all respects to the drawings surveys models samples patterns and other requirements in the contract which must be held at the disposal of the Contracting Authority or the Project Manager for the purposes of identification throughout the period of execution 24 2
135. training allowing to perform the above mentioned works and services with the supplied goods issued by specialists or civil law contracts with legal entities sole entrepreneurs who have the specified special permits licenses to perform such works and services as well as certificates a license issued by the Department for Nuclear and Radiation Safety Gosatomnazdor of the Ministry for Emergency Situations of the Republic of Belarus authorizing adjustment of radiation tools and equipment on the territory of the Republic of Belarus documents of the manufacturing company in the English product date or Russian language confirming technical and functional specifications of the full set of equipment a written commitment to ensure if necessary integration of results of diagnostic studies and medical treatment into the information system of the medical facility a User s manual operations and maintenance documentation in the Russian language including service instructions an equipment quality control program a training program for the Contracting Authority s personnel involved in operation of the supplied equipment a document listing principles for rendering services by the authorized center during the warranty period and after it including location of service centers on the territory of the Republic of Belarus technical and service documentation radiological safety program and instructions and an action plan in emergencies developed and agreed with
136. trol Maintenance of constant tidal volume does not depend on the level of fresh gas flow The unit must have the opportunity to continue the automatic ambient air ventilation operating in case of the disappearance or reduction of the critical pressure of the gases in the gas supply Control range of ventilation parameters 1 Respiratory volume IPPV SIMV 5 to 1400 ml 2 The frequency of the forced ventilation all modes 3 to 80 minutes Adjusting of inspiratory time all modes from 0 2 to 6 5 seconds I E ratio all modes from 2 1 to 1 4 Inspiratory pause PPV SIMV 0 to 60 3 Pressure limit Pmax Plimit from 10 to 70 mbar PEEP all modes 0 to 20 mbar Time to reach inspiratory pressure PCV 0 2 to 2 seconds Peak pressure Pinsp PCV 5 70 mbar Page 35 of 70 2015 01 4 Adjustable stream trigger SIMV PSV from 0 3 to 15 1 min 5 Electronic adjustment of the fresh gas flow rate in the range of 0 2 to 18 1 min 6 Automatic control of inspiratory flow in the range of 0 to 180 1 min 7 When you switch modes of ventilation parameters and alarm limits must be preserved and presets should be determined based on the measured ventilation parameters 8 The user should have the ability to configure the destination or failure of following settings according to the current needs the possibility of synchronous pressure setting of expiratory end and inspiratory pressure simultaneous synchronous adjust
137. ts During the warranty period the Contractor shall pay transport and service inspection costs In case of discrepancies between the warranty card and this paragraph this paragraph shall prevail The Contractor guarantees the availability production of spare parts during at least 10 years from the date of signing of the equipment acceptance certificate This shall not be applied to programming and computer equipment where the period of availability of spare parts shall be at least 5 years On the day of acceptance of the subject of the Contract but prior to signing of the acceptance certificate the Contractor shall provide the guarantee for proper execution of the contract for the purpose of defects insurance in amount of 30 of the guarantee for proper execution of the contract The guarantee shall remain valid for 25 months a 24 month warranty period plus 1 month from the date of signing of the acceptance certificate Or remedy defects specified in the acceptance certificate if the Contracting Authority stipulates the period for their elimination The Contracting Authority shall not begin acceptance procedure if there is no guarantee The guarantee for execution of warranty obligations shall be released within 15 days after the expiry of the warranty period Article 33 After sales service 33 1 The Contractor shall undertake to carry out or have carried out the maintenance and repair of supplies and to provide a rapid supply of spare par
138. ts Equipment configuration Flexible nasofaringolaryngoscope 1 unit The dual lamp halogen light source 1 unit Nasofaringolaryngoscope must Transmit high quality image free of distortion across the entire field Have resolution 9800 pixel Have deflection up 150 down 150 Have length of movable tip section not less than 25 mm Have the working length and diameter not less than 300 mm 3 8 mm Have field of view 0 Have depth of focus more than 3 mm Have accurate adaptation system to the videocamera and fiber optic cable must be one instrument channel The halogen light source must have Power supply 230 W 3 2 3 Light output 1 2015 01 Page 43 of 60 Ege 3 2 5 Color temperature 3600 K 3 2 6 Adjustable illumination intensity 3 2 7 Dimensions not bigger than 245x200x120 mm 123 Fibre optic cable must Have 3 5 mm length not less than 180 sm 3 3 2 Be autoclavable 3 3 3 Have high light transmission 3 3 4 Have accurate adaptation system to light source and optic 13 Additional requirements 1 1 1 3 1 The instruments must be resistant to mechanical and environmental factors during the operation and shipment 1 1 There should be a customer service for maintaining instruments in case of warranty and non warranty repair Requirements for Electrical Safety in accordance with IEC this requirements of technical specifications define the level of diagnostic capabil
139. ts The Contractor shall provide any or all of the following materials notifications and documents pertaining to spare parts manufactured or distributed by the Contractor a such spare parts as the Contracting Authority may choose to purchase from the Contractor it being understood that this choice shall not release the Contractor from any obligations under the contract b in the event of termination of production of the spare parts advance notification to the Contracting Authority to allow it to procure the parts required and following such termination provision at no cost to the Contracting Authority of the blueprints drawings and specifications of the spare parts if and when requested Seller shall provide together with all the tender documents contract with a resident of the Republic of Belarus on the repair and maintenance of the equipment supplied Article 40 Settlement of disputes 40 4 Should the parties fail to resolve any dispute arising out of or pertaining to this contract the parties hereby submit to the exclusive jurisdiction of Courts of the Republic of Belarus at the location of the Contracting Authority in accordance with the national legislation of the country of the Contracting Authority Article 45 Supplementary clauses Penalties for breach of contract 2015 01 If the Contractor exceeds the time limit for execution of the subject of the contract 10 weeks penalty shall be 0 2 of the price of the contra
140. ts by European Union bodies 43 1 The Contractor will allow the European Commission the European Anti Fraud Office and the European Court of Auditors to verify by examining the documents or by means of on the spot checks the implementation of the project and conduct a full audit if necessary on the basis of supporting documents for the accounts accounting documents and any other document relevant to the financing of the project These inspections may take place up to 7 years after the final payment 43 2 Furthermore the Contractor will allow the European Anti Fraud Office to carry out checks and verification on the spot in accordance with the procedures set out in the European Union legislation for the protection of the financial interests of the European Union against fraud and other irregularities 43 3 To this end the Contractor undertakes to give appropriate access to staff or agents of the European Commission of the European Anti Fraud Office and of the European Court of Auditors to the sites and locations at which the Contract is carried out including its information systems as well as all documents and databases concerning the technical and financial management of the project and to take all steps to facilitate their work Access given to agents of the European Commission European Anti Fraud Office and the European Court of Auditors shall be on the basis of confidentiality with respect to third parties without prejudice to the obligation
141. ue to the Contracting Authority shall be borne entirely by the Contractor 26 11 Where necessary the European Union may as donor subrogate itself to the Contracting Authority 27 Payment to third parties 27 1 Orders for payments to third parties may be carried out only after an assignment made in accordance with Article 5 The Contracting Authority shall be notified of the assignment 27 2 Notification of beneficiaries of the assignment shall be the sole responsibility of the Contractor 27 3 In the event of a legally binding attachment of the property of the Contractor affecting payments due to it under the contract and without prejudice to the time limit laid down in the Special Conditions the Contracting Authority shall have 30 days starting from the day on which it receives notification of the definitive lifting of the obstacle to payment to resume payments to the Contractor 28 Delayed payments 28 1 The Contracting Authority shall pay the Contractor sums due within 45 days of the date on which an admissible payment is registered in accordance with Article 26 of these General Conditions This period shall begin to run from the approval of these documents by the competent department referred to in Article 26 of the Special Conditions These documents shall be approved either expressly or tacitly in the absence of any written reaction in the 45 days following their receipt accompanied by the requisite documents 28 2 Once the deadli
142. uring the implementation of the contract 23 9 Contractors must refrain from any relationship likely to compromise their independence that of their staff If the Contractor ceases to be independent the Contracting Authority may regardless of injury terminate the contract without further notice and without the Contractor having any claim to compensation 23 10 The Commission reserves the right to suspend or cancel project financing if corrupt practices of any kind are discovered at any stage of the award process and if the Contracting Authority fails to take all appropriate measures to remedy the situation For the purposes of this provision corrupt practices are the offer of a bribe gift gratuity or commission to any person as an inducement or reward for performing or refraining from any act relating to the award of a contract or implementation of a contract already concluded with the Contracting Authority 23 11 tenders will be rejected or contracts terminated if it emerges that the award or implementation of a contract has given rise to unusual commercial expenses Such unusual commercial expenses are commissions not mentioned in the main contract or not stemming from a properly concluded contract referring to the main contract commissions not paid in return for any actual and legitimate service commissions remitted to a tax haven commissions paid to a recipient who is not clearly identified or commissions paid to a company which has
143. uthority with a guarantee for the full and proper execution of the contract The amount of the guarantee shall be specified in the Special Conditions It shall be in the range of 5 and 10 of the amount of the contract price including any amounts stipulated in addenda to the contract 11 2 The performance guarantee shall be held against payment to the Contracting Authority for any loss resulting from the Contractor s failure to perform his contractual obligations fully and properly 11 3 The performance guarantee shall be in the format given in Annex V and may be provided in the form of a bank guarantee a banker s draft a certified cheque a bond provided by an insurance and or bonding company or an irrevocable letter of credit 11 4 The performance guarantee shall be denominated in the currency in which the contract is payable No payments shall be made in favour of the Contractor prior to the provision of the guarantee The guarantee shall continue to remain valid until the contract has been fully and properly performed 11 5 During the execution of the contract if the natural or legal person providing the guarantee is not able to abide by his commitments the guarantee shall cease to be valid The Contracting Authority shall give formal notice to the Contractor to provide a new guarantee on the same terms as the previous one Should the Contractor fail to provide a new guarantee the Contracting Authority may terminate the contract Before so doi
144. valued at such rates and prices contained therein where the task is not of similar character or is not implemented under similar conditions the rates and prices in the contract shall be used as the basis for valuation in so far as is reasonable failing which a fair valuation shall be made by the Project Manager if the nature or amount of any variation relative to the nature or amount of the whole of the contract or to any part thereof is such that in the opinion of the Project Manager any rate or price contained in the contract for any item of work is by reason of such variation rendered unreasonable then the Project Manager shall fix such rate or price as he she thinks reasonable and proper in the circumstances where a variation is necessitated by a default or breach of contract by the Contractor any additional cost attributable to such variation shall be borne by the Contractor On receipt of the administrative order requesting the variation the Contractor shall proceed to carry out the variation and be bound by that order in so doing as if such variation were stated in the contract The supplies shall not be delayed pending the granting of any extension of implementation period of tasks or adjustment to the contract price Where the order for a variation precedes the adjustment to the contract price the Contractor shall keep records of the 22 7 costs of undertaking the variation and of the time expended thereon Such records shall be op
145. ve 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 21 days before the deadline for submission of tenders specifying the publication reference and the contract title Grodno Regional Clinical Hospital GRCH Procurement Section 52 Boulvar Leninskogo Komsomola Grodno 230017 Belarus Tel Fax 375 152 436230 e mail regclinic mail grodno by The Contracting Authority has no obligation to provide clarifications after this date Any clarification of the tender dossier will be published on the EuropeAid website at https webgate ec europa eu europeaid online services index cfm do publi welcome and www gocb by at the latest 11 days before the deadline for submission of tenders 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 14 1 No clarification meeting site visit planned Visits by individual prospective tenderers during the tender period cannot be organised 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

Dossier 663-3 - Гродненская областная клиническая больница

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