UNOFFICIAL TRANSLATION

Number: 478-154/2016-11

Date: 30. 09. 2016

Pursuant to Article 22 of the Physical Assets of the State and Local Government Act (Official Gazette of the RS, Nos. 86/10, 75/12, 47/13-ZDU-1G, 50/14, 90/14-ZDU-1I, 14/15-ZUUJFO and 76/15 – ZSPDSLS-C) and Article 35 of the Decree on Physical Assets of the State and Local Government (Official Gazette of the RS, Nos. 34/11, 42/12, 24/13, 10/14 and 58/16) and Decision of Defence Minister No. 4501-15/2015-156 dated 17th July 2015, the Republic of Slovenia, Ministry of Defence, Vojkova cesta 55, 1000 Ljubljana issues

Public invitation to tender for the sale of machines and devices for military ammunition demolition

1. Name and seat of the Contracting Authority

Republic of Slovenia, Ministry of Defence, Vojkova cesta 55, 1000 Ljubljana.

2. Subject of sale

The subject of the sale is a set of machines and devices for military ammunition demolition (hereinafter: subject of sale) as listed below:

1)  RDX diving apparatus (VPL diving apparatus) for rinsing out RDX from gun projectiles and mines. Information and photographs

2)  Infantry ammunition demolition machine for extracting cartridge cases from projectiles of different calibre. Information and photographs

3)  Infantry ammunition demolition machine used for the same purpose as the machine under 2) here-above, i.e. for extracting cartridge cases from projectiles of different calibre. Information and photographs

4)  Driving band (leading rings) removal machine, to be used for 90mm and more in calibre. The machine is to be used for removing the projectile's driving bands. Information and photographs

5)  Hermetic-sealing base cover (cups) extraction machine, to be used for ammunition of different calibre. Information and photographs

6)  Percussion cap detonation machine designed by Konštrukta. The machine is new, however, air filtering technology should be installed for the machine to be fully operational. Information and photographs

7)  Narrow driving band removal machine, to be used for removing bands on up to 90mm calibre projectiles. Information and photographs

The machines or devices cannot be purchased separately. The estimated price of the set specified above is at least EUR 13,000.

3. Inspection of subject of sale

Those interested in inspecting the subject of the sale shall submit, in due time but not later than 15 days prior to the date the inspection is to take place, to the point of contact named in Point 11 herein the following documents: a copy of the passports (foreign citizens) or the appropriate statements (citizens of Slovenia) to enable security screening based on which the subject of sale will be made available for inspection. Details of inspection should be defined with the point of contact.

4. Tender security

The Tenderers are required to pay a security deposit of EUR 1000 to the bank account of the Ministry of Defence no. 01100-6370191114, reference 00 201000-22112016, specifying the payment purpose as: “Varščina za nakup strojev in naprav za delaboracijo streliva”. The paid security deposit shall be applied toward the purchase price of the winning Tenderer. Non-winning Tenderers will be refunded their deposit within 30 days following the written notification of the decision on the selection of the best Tenderer.

5. Terms of sale:

‒  The subject of the sale shall be sold »As-Is«, therefore, any claims following the signing of the contract shall not be considered.

‒  The Tender shall refer to the purchase of all machines and devices within the set specified herein;

‒  Buyers shall meet legal requirements on the trade in or production of military weapons and equipment as prescribed by their country of origin;

‒  The price offered shall serve as the criterion for the selection of the most advantageous Tender. Please note that the price offered should not be lower than EUR 13,000;

‒  Following the receipt of the Tenders, the Seller may enter into additional negotiations with the Tenderers;

‒  The selected Tenderer shall sign a sales contract with the Seller within 30 days of the said Tenderer's confirmation of the good receipt of the notification of the Seller's decision on the selection of the best Tenderer on the said Tenderer's electronic address;

‒  Should the selected Tenderer fail to sign the contract within 30 days following the fulfilment of the conditions for the conclusion of the contract, and this failure can be attributed to the said Tenderer, or the selected Tenderer withdraws from the contract or fails to make payment within the time agreed upon, the Seller shall have the right to withdraw from the contract or terminate the signed contract without giving the Tenderer any additional time to cure the breach, the Seller shall also withhold the paid security deposit;

‒  The ownership of the subject of the contract shall be transferred to the Buyer following due payment of the purchase price and when all permits have been obtained (the selected Tenderer shall obtain all necessary import, export, transit and transfer permits required for the subject of the sale – see below; the Buyer shall come into possession of the purchased items upon the completion of the handover procedure;

o  Goods to be sold hereby are subject to the Decree on authorisation for the production of and trade in military weapons and equipment and on prior authorisation for the import, export, transit and transfer of defence-related products (Official Gazette of the Republic of Slovenia, nos.: 59/11, 88/11, 74/12, 46/13, 29/14 and 37/15). Should the goods be bought in order to be used or sold outside the territory of the Republic of Slovenia, the Tenderer must obtain:

§  the relevant import permit issued by the importing country or statement that such import permit is not needed in the country of import.

§  End use certificate for defence – related products.

The said documents shall be submitted when applying for the export permit or the permit for defence-related products transfer.

‒  The Buyer shall collect the purchased items upon signing the Minutes of acceptance, however, not before payment is made;

‒  Any costs relating to the transfer of ownership and any other costs arising out of the sale shall be borne by the Buyer. Any costs relating to transport and other logistic issues shall be borne solely by the Buyer (Incoterms 2010, EXW);

‒  Only Tenders that fulfil the required conditions will be taken into consideration.

Written Tenders shall include:

‒  Information on the Tenderer, inclusive of the price offered and the statement that the Tenderer accepts all tender procedure conditions (completed, signed and stamped form in Appendix 1 or a separate document with the data required).

‒  Certificate of paid deposit, inclusive of the reference number of this Invitation to tender.

‒  Power of attorney issued to participate in the public tender-opening session, if the person present is a representative.

‒  Address and country of end-user.

Tenders are to be submitted in the Slovenian or the English language.

6. Method and terms of purchase price payment

The Buyer shall pay the purchase price against the invoice issued by the Seller within 30 days of the issuance of the invoice. Pursuant to subparagraph 5 of Article 5 of the Value Added Tax Act (Official gazette of the Republic of Slovenia, nos. 13/11 – UPB, 18/11, 78/11, 38/12 and 83/12), VAT shall not be charged, therefore, it will not be paid by the Buyer. The payment of the full purchase price within the period laid down for payment is an essential element of the sales contract.

7. Deadline for the submission of Tenders

Tenders should be delivered to the following address: Ministrstvo za obrambo (Ministry of Defence), Vojkova cesta 55, 1000 Ljubljana, by 21 November 2016, 15:00 hrs. Tenders can be delivered in person at the Ministry's main administration office open Monday through Friday from 09:00 to 13:00. Tenders not submitted by the deadline will be returned to the Tenderer unopened.

The front side of the envelope must be marked as follows:

PONUDBA ZA ODKUP STROJEV ZA DELABORACIJO VOJAŠKEGA STRELIVA,

ŠT. ZADEVE: 478-154/2016

»NE ODPIRAJ – PONUDBA«

The reverse side of the envelope must include the Tenderer’s name and address.

8. Tender validity period

Tenderers shall be bound by the Tender submitted for minimum 120 days from the Tender submission deadline.

9. Time and location of the opening of Tenders

The public opening of Tenders will take place at the premises of the Ministry of Defence, Vojkova cesta 59, Ljubljana, Slovenia, on 22 November 2016, 10:00 hrs.

10. Termination of the procedure

The seller has the right to stop the sales procedure before the conclusion of the legal transaction.

11. Queries relating to terms and conditions included in this public invitation to tender procedure

For any information related to this public invitation to tender procedure, please contact Mrs Alenka Štritof Likar, (, +381 1 471 21 94) or. Mr Aleksander Kuntarič (, +386 1 471 25 48).

Željko Kralj, MSc

Secretary

Director General

Sent to:

- To be published on the MoD website.

Appendix:

- Information on the Tenderer and the Tender.


Appendix 1

INFORMATION ON THE TENDERDER AND THE TENDER

1  TENDERDER (title of the legal person,

name and surname of the natural person)

2  ADDRESS OF TENDERDER

3  POINT OF CONTACT (for legal persons)

4  TELEPHONE

5  E-MAIL ADDRESS

6  REGISTRATION NUMBER OR PERSONAL

IDENTIFICATION NUMBER

7  TAX ID NUMBER OR VAT ID NUMBER

8  CURRENT ACCOUNT NUMBER,

BANK NAME AND ADDRESS

9  PERSON RESPONSIBLE FOR

THE SIGNING OF THE CONTRACT (for legal persons)

offers the Seller, the Republic of Slovenia, Ministry of Defence, in accordance with the terms of reference, to purchase subject of sale for a contract price of EUR ______, without VAT (in words:………………………………………………).

I hereby declare that I agree with all terms of reference set by the Seller.

Tenderder:

Place and date:

Stamp and signature: