4. Tender dossier
Letterhead of the Contracting Authority
LETTER OF INVITATION TO TENDER
(Place and date)
( Name and address of potential tenderer )
( Publication reference )
Dear Mr/Ms (Name of contact)
SUBJECT: INVITATION TO TENDER FOR (Contract title)
In relation to your inquiry regarding the publication of the abovementioned invitation to tender, please find enclosed the following documents, which constitute the tender dossier:
A.INSTRUCTIONS TO TENDERERS
1.Tasks to be executed
2.Timetable
3.Participation
4.Origin
5.Currency
6.Lots
7.Period of validity
8.Language of offers
9.Submission of tenders
10.Content of tenders
11.Pricing
12.Additional information before the deadline for submission of tenders
13.Alteration or withdrawal of tenders
14.Opening of tenders
15.Evaluation of tenders
16.Signature of the contract
17.Performance guarantee
18.Ethics clauses
19.Cancellation of the tender procedure
B.ANNEXES
Annex I: TENDER FORM
Annex II: TENDERER'S DECLARATION(S)
Annex III: Information chart of the tenderer
Annex IV : Technical description
Annex V: Model of financial/technical offer
Annex VI: APPROXIMATE DYNAMIC PLAN FOR PERFORMING THE TASK
Annex VII: ADMINISTRATIVE COMPLIANCE GRID
Annex VIII: EVALUATION GRID
Annex IX: TECHNICAL EVALUATION GRID
Annex X: DRAFT CONTRACT
ANNEX XI : PRE-FINANCING GUARANTEE FORM
Costs incurred by the tenderer in preparing and submitting the tender proposals will not be reimbursed.
We look forward to receiving your tender and the accompanying tender guarantee at the address specified in the Instructions to Tenderers before ( date & time of deadline, as stated in the tender/ contract notice ). If you decide not to submit a tender, we would be grateful if you could inform us in writing, stating the reasons for your decision.
Yours sincerely,
( Name and signature )
A.INSTRUCTIONS TO TENDERERS
PUBLICATION REF.:………………………………………………………
1.Tasks to be executed
1.1(name of the humanitarian organisation) has received a grant from the European Commission for the implementation of the humanitarian aid operation entitled (name of the operation) and intends to apply a portion of that grant to payments under this contract. The European Commission will establish the final amount of the grant and will liquidate it to (name of the humanitarian organisation) on completion of the operation on the basis of the expenses presented and declared eligible. No party other than (name of the humanitarian organisation) shall derive any rights from the grant or have any claim to its proceeds. Under no circumstances or for no reason whatsoever will the Commission entertain any request for indemnity or payment directly submitted by the humanitarian organisation’s contractors.”
1.2The subject of the contract is the (manufacture), (delivery), (installation), (commissioning) (maintenance), (after-sales service) by the Contractor of the following (supplies/services/work) : …………………… as described specifically in ANNEX IV
1.3The (supplies/services/work) must comply fully with the technical specifications set out in ANNEX IV and conform in all respects with the drawings, quantities, models, samples, measurements and other instructions.
1.4The (supplies/services/work) described under lot(s) no ……must be accompanied by a “lot” of spare parts and/or of consumables. Neither the unit price nor the overall price of the spare parts will figure in the evaluation of the tender, except where the unit price or the number of parts varies substantially between the tenders received. The list of spare parts must be drawn up by the tenderer on the basis of their professional experience and considering the location of use; it must show the unit prices of the parts, calculated on the basis of Article 11 below. Nevertheless, the Contracting Authority reserves the right to alter the list of spare parts; any changes will appear in the contract.
2.Timetable
Deadline for submission of tenders / (Date) / ( Time )Tender opening session / (Date) / ( Time )
Notification of award to the successful tenderer / ( Date) / -
Signature of the contract / ( Date) / -
3.Participation[1]
3.1.Participation in this tendering procedures is open on equal terms to all persons coming within the scope of the Treaties and, in accordance with the specific provisions in the basic instruments governing the funding of humanitarian aid, to all such natural and legal persons who are nationals of the beneficiary third countries or any other third country expressly mentioned in those instruments. The basic instruments governing the funding of humanitarian aid operations are the Regulation on humanitarian aid and the Cotonou Agreement.
3.2.These terms refer to all nationals of said states and to all legal entities, companies or partnerships constituted under, and governed by, the civil, commercial or public law of such states and having their statutory office, central administration or principal place of business there. A legal entity, company or partnership having only its statutory office there must be engaged in an activity which has an effective and continuous link with the economy of the state concerned. Tenderers must provide evidence of their status.
3.3.These rules apply to:
a) tenderers
b) members of a consortium
c) any subcontractors.
3.4 The contracting authority will exclude from participation in a procurement procedure candidates or tenderers falling into any of the following cases:
(a) They are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;
(b) They have been convicted of an offence concerning their professional conduct by a judgment that has the force of res judicata;
(c) They have been guilty of grave professional misconduct proven by any means that the contracting authority can justify;
(d) They have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is to be performed;
(e) They have been the subject of a judgment that has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests;
(f) Following another procurement procedure or grant award procedure financed by the Community budget, they have been declared to be in serious breach of contract for failure to comply with their contractual obligations. Candidates or tenderers must certify by any relevant means that they are not in one of the situations listed above.
Contracts shall not be awarded to candidates or tenderers who, during the procurement procedure:
(a) Are subject to a conflict of interest;
(b) Are guilty of misrepresentation in supplying the information required by the humanitarian organisation as a condition of participation in the contract procedure or fail to supply this information. Tenderers or candidates who have been guilty of making false declarations will also incur financial penalties representing 10% of the total value of the contract being awarded. That rate may be increased to 20% in the event of a repeat offence within five years of the first infringement.
3.5 To be eligible for participation 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 wherewithal to carry out the contract effectively.
4.Origin
4.1Unless otherwise provided in the Special Conditions, supplies must originate in a MemberState of the European Union or in a State benefiting from the European Commission External Aid. The origin of the goods must be determined according to the Community Customs Code.
4.2When submitting his tender, the tenderer must state expressly that all the goods meet the requirements concerning origin and must state the respective countries of origin. The tenderer may be asked to provide additional information in this connection.
5. Currency
5.1 Tenders must be presented in (euro/national currency).
6. Lots
(If the tender procedure is not divided into lots:
This tender procedure is not divided into lots.)
(If the tender procedure is divided into lots:
6.1.The tenderer may submit a tender for (one only), (lots no……), (several lots), (all of the lots).
6.2.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 will 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.
6.3.If supplies/work/services have not been divided into lots, tenders must be for the entirety of the quantities indicated.
7.Period of validity
7.1.Tenderers shall be bound by their tenders for a period of 90 days from the deadline for the submission of tenders.
7.2.The successful tenderer will be bound by the tender for a further period of 60 days following receipt of the notification that the tenderer has been selected.
8.Language of offers
8.1.The offers, all correspondence and documents related to the tender exchanged by the tenderer and the Contracting Authority must be written in the language ……
9.Submission of tenders
9.1.Tenders must be received before the deadline specified in the letter of invitation to tender. They must include the Tender submission form in Annex I of this tender dossier and be sent to the following address:
( full postal address )
Tenders must comply with the following conditions:
9.2.All tenders must be submitted in one original copy typewritten or hand written in ink. All tenders must be received at ………….. before the deadline date and time, ….., by registered letter with acknowledgement of receipt or hand-delivered against receipt signed by ……………….. or their representative.
9.3.All 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., (publication reference));
c)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 local language).
e)the name of the tenderer.
10.Content of tenders
All tenders submitted must comply with the requirements in the tender dossier and must comprise:
10.1.Annex I: tender form (duly authorised signature).
10.2.Annex II: tendererer’s declaration
10.3.Annex III: information chart of the tender
10.4.Annex IV: Model of technical offer
10.5.Annex V: Model of financial/technical offer
10.6.Annex VI : Approximate Dynamic Plan for performing the task
10.7.A proof of the nationality of the firm
10.8.A statement by the tenderer attesting the origin of the supplies tendered (or other proofs of origin).
10.9.A description of the commercial warranty tendered.
10.10.Balance sheets or extracts from balance sheets for at least the last two years for which accounts have been closed, where publication of the balance sheet is required under the company law of the country in which the economic operator is established
10.11.The curriculum vitae describing of the educational and professional qualifications of the person or persons responsible for providing the services/carrying out the work/responsible for the contract;
10.12.Appropriate statements from banks or evidence of professional risk indemnity insurance;
10.13.a statement of overall turnover and turnover concerning the work, supplies or services covered by the contract during a period which may be no more than the last three financial years.
10.14. Regarding supplies: samples, descriptions and/or authentic photographs and/or certificates drawn up by official quality control institutes or agencies of recognised competence attesting the conformity of the products with the specifications or standards in force;
11.Pricing
11.1The prices of the offers will be expressed in euros and they must be expressed on a lump sum basis that must be inclusive of all annexed costs such as taxes, transport, handover and work on site.
11.2The prices will be considered fixed and valid for the entire duration of the contract until the complete execution of the work/delivery. No additional charge of whatsoever nature and type will be accepted by the Contracting Authority.
12.Additional information before the deadline for submission of tenders
12.1The tender dossier should clearly bar the need for candidates invited to tender to request additional information during the procedure. If the Contracting Authority, either on its own initiative 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.
Contact name:…………………………………………………………………………………
Address: …………………………………………………………………………………………
Fax: ………………………………………………………………………………………………
E-mail: ……………………………………………………………………………………………
12.2 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.
13.Alteration or withdrawal of tenders
13.1.Tenderers may alter or withdraw their tenders by written notification prior to the deadline for submission of tenders 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.
13.2.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.
13.3.No tender may be withdrawn in the interval between the deadline for submission of tenders referred to in Article 9.1 and the expiry of the tender validity period. Withdrawal of a tender during this interval may result in forfeiture of the tender guarantee.
14.Opening of tenders
14.1.The tenders will be opened in public session on (date and local time) at (address) by the committee appointed for the purpose. The committee will draw up minutes of the meeting, which will be available on request.
14.2.At the tender opening, the tenderers' names, the tender prices, written notifications of modification and withdrawal, the presence of the requisite tender guarantee and such other information as the Contracting Authority may consider appropriate must be announced.
14.3.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.
14.4.Any attempt by a tenderer 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 the tender.
14.5.All tenders received after the deadline for submission specified in the procurement notice or these instructions will be kept by the Contracting Authority. The associated guarantees may be returned to the tenderers on request. No liability can be accepted for late delivery of tenders. Late tenders will be rejected and will not be evaluated.
15.Evaluation of tenders
15.1.Examination of 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.
Decisions to the effect that a tender is not technically 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.
15.2.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 technical evaluation will be based on the documents annexed in the tender concerning both the task to be carried out under the tender, and the professional ability of the tenderer.
15.3.To facilitate the examination, evaluation and comparison of tenders, the evaluation committee may ask each tenderer individually for clarification of their tender, including breakdowns of prices. The request for clarification and the response must be in writing only, but no change in the price or substance of the tender may be sought, offered or permitted. Decisions to the effect that a tender is not technically compliant must be duly justified in the evaluation minutes.
15.4.Financial evaluation
The rates and prices inserted in the bill of quantities must correspond to the conditions laid down in the tender documents. The financial and economic standing of the tenderer will be evaluated by the evaluation committee.
15.5.Award criteria
The tender commission will not necessarily choose on the basis of lowest price alone but will award one of received offer on the basis of value for money, price, quality, compliance with international norms, delay for delivery. The experience of the tenderer in the performance of similar contracts will be as well a criterion for selection
16.Signature of the contract
16.1Within 5 days of receipt of the contract already signed by the Contracting Authority, the selected tenderer must sign and date the contract and return it, to the Contracting Authority. Upon signing the contract, the successful tenderer will become the Contractor and the contract will enter into force.
16.2If the successful tenderer 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 failure, and the successful tenderer will have no claim whatsoever on the Contracting Authority.
17.Performance guarantee
17.1The 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 statement 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 does not fall into the exclusion situations listed in section 2.3.3 of the Practical Guide to contract procedures financed from the general budget of the EC in the context of external actions and mentioned in point 3.4 of the present tender dossier.