Procurement Documentsjn-S0443

Procurement Documentsjn-S0443

Procurement documentsJN-S0443

PROCUREMENT DOCUMENTS

PUBLIC TENDER

IN ACCORDANCE WITH THE LOW-VALUE PROCEDURE

No.

JN-S0443

MANUFACTURE OF CDs AND DVDs

1

Procurement documentsJN-S0443

CONTENTS

1.INVITATION TO SUBMIT BIDS FOR THE PUBLIC TENDER

2.INSTRUCTIONS FOR MAKING BIDS

2.1.CONTRACTING AUTHORITY OF THE PUBLIC TENDER

2.2.LEGAL GROUND

2.3.BASIC RULES OF OPERATION

3.SUBJECT OF THE PUBLIC PROCUREMENT

3.1.GENERAL DESCRIPTION

3.2.Technical REQUIREMENTS

3.2.1.Replication CDs – input media » CD–AUDIO, CD–ROM, DDP 2.0 format.«

3.2.2.Packaging Material & Printwork for CD media

3.2.3.Replication DVDs – input media »DVD–R, DLT III & DLT IV with DDP2.0

3.2.4.Packaging Material & Printwork for DVD media

3.2.5.Possibility to transfer our data electronically, via FTP or ISDN.

3.2.6.General requirements

4.BID DOCUMENTATION

4.1.GENERAL CONDITIONS FOR MAKING BID DOCUMENTATION

4.1.1.Clarification to the procurement documents

4.1.2.Language

4.1.3.Marking

4.1.4.Contents of a bid

4.1.5.Alternative bids and variant bids

4.1.6.Form of a bid

4.1.7.Only one bid from each Bidder

4.1.8.Validity of the bids

4.2.DOCUMENTS IN THE BIDS

4.2.1.Data on Bidder or Subcontract or Partner

4.2.2.Contents of the bid documentation

4.2.3.Form »Declaration on acceptance of the public tender conditions«

4.2.4.Form OFFER

4.2.5.Form PROFORMA INVOICE (Excel form) which have to include:

4.2.6.Statement of capability and eligibility for participation

4.2.7.Bank certificate of solvency

4.2.8.Statement of the Bidder and samples of CD and DVD

4.2.9.Replication licence from collective society for music and authors copyright

4.2.10.Subcontractors

4.2.11.Joint venture

4.2.12.Sample of the contract

4.2.13.Declaration, stating the Bidder shall provide a performance guarantee

4.2.14.Statement on the forwarding of data in the disclosure of the Bidder's ownership

5.CONTRACT AWARD CRITERIA

6.REVIEW CLAIM

6.1.LEGAL BASE AND TERMS FOR SUBMISSION

6.2.METHOD OF SUBMITTING THE REVIEW CLAIM

7.FORMS

DATA ON BIDDER AND BID

DECLARATION OF BIDDER’S ACCEPTANCE OF PUBLIC PROCUREMENT CONDITIONS

FORM OFFER FOR PUBLIC TENDER JN-S0443 – page 1

FORM OFFER FOR PUBLIC TENDER JN-S0443 – page 2

PROFORMA INVOICE

STATEMENT OF CAPABILITY AND ELIGIBILITY FOR PARTICIPATION

Statement regarding Subcontractors

Participation of Subcontractors

SAMPLE CONTRACT

STATEMENT REGARDING THE PERFORMANCE GUARANTEE

STATEMENT ON THE FORWARDING OF DATA IN THE DISCLOSUREOF THE BIDDER'S OWNERSHIP

STATEMENT ON THE PARTICIPATION OF NATURAL AND LEGAL PERSONS IN THE BIDDER'S OWNERSHIP - FOR PUBLIC TENDER JN-S0443

EXPLANATION OF THE PROCUREMENT DOCUMENTS NO. JN-S0443

1.INVITATION TO SUBMIT BIDS FOR THE PUBLIC TENDER

Pursuant to Item g) of the first paragraph of Article 39 of the Public Procurement Act (Official Gazette of the Republic of Slovenia no. 91/2015, hereinafter: the ZJN-3), Radiotelevizija Slovenija, Public Institution, publishes the public tender in accordance with the low-value procedure for:

the manufacture of CDs and DVDs.

Bids in two copies (one original and one copy) must be sent in sealed envelopes to the address:

“Javni zavod RTV SLOVENIJA, KOLODVORSKA 2,VLOŽIŠČE, 1550 LJUBLJANA, SLOVENIA”, with the postscript: "DO NOT OPEN - FOR TENDER - BID FOR TENDER NO. JN-S0443– Manufacture ofCDs and DVDs“. The full address of the Bidder is to be written on the envelope.

The term for acceptance of bids is until 08.00 a.m. on 10March, 2017. Bids received after that time limit will not be counted and will be returned unopened to the Bidders.

Public opening of bids will be on 10March, 2017at 09.00 a.m. on the premises of Javni Zavod RTV Slovenija at Komenskega Street 7 in Ljubljana.

Before the public opening of the bids the present participants of the Bidders have to hand over written authorizations for participation on the public opening.

Ljubljana, 15 February, 2017 Commercial Department

RTV Slovenija

2.INSTRUCTIONS FOR MAKING BIDS

2.1.CONTRACTING AUTHORITY OF THE PUBLIC TENDER

Radiotelevizija Slovenija, Javnizavod, Kolodvorska 2, SI - 1550 Ljubljana

VAT No.: SI29865174; Corporate registry No.: 5056497

Bids will be appraised by the General Manager appointed professional commission. The Decision on the award of a Contract will be issued by the General Manager of JavniZavod RTV Slovenija. In the evaluation of the tender the commission will take account of the criteria that are the constituent part of the procurement documents.

The chosen Bidder must enter into a signed Contract within 8 days after receiving the “Decision on the Award of a Contract”.

The Contracting Authority reserves the right to vary from the published values and quantities when selecting bids, subject to available financial resources and actual needs.

In case of receiving inadmissible bids, the Contracting Authority shall annul the tender. The Contracting Authority reserves the right not to choose any of the bids (according to Art. 90 of ZJN-3).

2.2.LEGAL GROUND

The Public Procurement of JavniZavod RTV Slovenija (hereinafter referred to as: Contracting Authority) is carried out in accordance with the valid Public Procurement Act (ZJN-3) and by-laws applicable, Public Integrity and Corruption Prevention Act (ZIntPK-UPB2) and in accordance with the legislation being valid on the field of public finances and on the field that is the subject of this public tender.

2.3.BASIC RULES OF OPERATION

Every Bidder’s attempt to affect the treatment of the Contracting Authority or decision on the selection shall result in rejection of his Tender. The same applies to all attempts related to the work and decision of the Evaluation Committee.

In the period from the publication until the conclusion of the Contract the Bidder shall be not allowed to commence and perform any actions, which might prior determine the selection of a defined bid. In the period from the selection of a Bid until the Contract comes into force the Bidder shall be not allowed to commence any actions, which might cause the Contract to become void and unfulfilled. In case the procedure is stayed the Bidder shall not commence or perform any procedures, which might aggravate the invalidation or objectivity of the Review Commission.

3.SUBJECT OF THE PUBLIC PROCUREMENT

3.1.GENERAL DESCRIPTION

The subject of this Public procurement (tender) is the manufacture of CDs and DVDs.

The Contracting Authority foresees successive orders within the period of one year or till the contract amount has been used up.

The anticipated value of the tender is yearly EUR 30.000,00 without VAT, with all costs.

The Contracting Authority will conclude the contract with the chosen Bidder in the amount of the anticipated value. The Contract will be valid till the contractual amount has been used up or for the period of one year or till the realization of the new public tender for the services that are the subject of this public tender.

The performance of the tender services will be carried our successively, depending on the Contracting Authority's needs.

3.2.Technical REQUIREMENTS

3.2.1.Replication CDs – input media » CD–AUDIO, CD–ROM, DDP 2.0 format.«

  • CD 12 cm and 8 cm (CD, CD-ROM, CD-EXTRA)
  • Production – must be»replication«

Labelprint surcharges in accordance with proforma invoice documentation.

3.2.2.Packaging Material & Printwork for CD media

  • in accordance with proforma invoice documentation

3.2.3.Replication DVDs – input media »DVD–R, DLT III & DLT IV with DDP2.0

  • DVD (Video and Rom)
  • Production – must be » replication«

Labelprint in accordance with proforma invoice documentation

3.2.4.Packaging Material & Printwork for DVD media

  • in accordance with proforma invoice documentation

3.2.5.Possibility to transfer our data electronically, via FTP or ISDN.

3.2.6.General requirements

The Bidder must ensure the manufacture of CDs and DVDs according to the replication procedure with the adequate quality.

4.BID DOCUMENTATION

4.1.GENERAL CONDITIONS FOR MAKING BID DOCUMENTATION

4.1.1.Clarification to the procurement documents

The Bidder can demand clarifications to procurement documents in electronic form only - using the form that is the part of this documentation and send it to the e-mail address: , or the Bidder can demand clarifications through the Public Procurement Portal at the publication of the subject public tender; at the latest 6 days prior to the term for acceptance of bids (i.e. till 10.00 a.m. on 03 March, 2017). Questions, not asked in the prescribed manner, will not be answered.

Questions and answers shall be published on web side: on sub-page JAVNA NAROČILA - PUBLIC PROCUREMENT under the mark Javno naročilo JN-S0443.

4.1.2.Language

Bids have to be made in the Slovenian or English language.

4.1.3.Marking

Pages of bid documentation must be numbered and bound with string so it is not possible to add pages.

Data which will be righteously marked as confidential by the Bidder, will be used only for the purposes of this public tender and will not be accessible to anyone except persons which are included in this public tender. These data will not be read on public opening of the Bids nor will they be read afterwards. Persons, included in this public tender as well as the Contracting Authority will be responsible for protection of these data.

The Bidder can mark data as confidential only if they include personal data which are not included in other public register nor otherwise acceptable to public. The Bidder can also mark as confidential business information which are marked as confidential either with regulations or internal acts of the Bidder.

The Contracting Authority will treat as confidential all data in bid documentation which will be in right upper corner marked as "CONFIDENTIAL" with large capital letters. Under this inscription there should be signature of the Bidder's official representative or authorized person. If only part of the document is confidential, the confidential part should be underlined with red colour and in the same line marked "CONFIDENTIAL" at the right edge.The Contracting Authority will not be responsible for confidentiality of the data if these data are not marked as stated above.

The Contracting Authority will summon the Bidder to withdraw the confidential mark if the data is unjustified marked as confidential. The confidential mark can be withdrawn by the Bidder's official representative or authorized person writing "CANCELLATION" above the confidential mark. He must also write time and date of this cancellation and sign it.

In the case of a Bidder not withdrawing the confidential mark in the time, determined by Contracting Authority, theContracting Authority will reject the complete bid.

4.1.4.Contents of a bid

The Bidders have to submit their bids for complete subject of the Public Tender; otherwise the bid is going to be rejected.

4.1.5.Alternative bids and variant bids

Alternative bids and variant bids are not allowed.

4.1.6.Form of a bid

The Bidder is not allowed to change or correct the text of the forms that represent the constituent part of the procurement documents and had been prepared and already filled in by the Contracting Authority. Valid are the procurement documents and formsas well as eventual answers, changes and amendments, published on the Contracting Authority’s web-site. In case the Contracting Authority establishes the Bidder has changed the text of the forms (or eventual answers, changes and amendments), defined by the Contracting Authority, such bid will be excluded from the further public procurement process.

If from the technical reasons the particular form is made or fulfilled in another way (for example, by computer), the content and meaning of the text must comply with the Contracting Authority’s requirements of this procurement documents.

4.1.7.Only one bid from each Bidder

Each Bidder may submit only one bid and can act in the submitted bids only once (i.e. whether as a Bidder or Subcontractor or as a Partner). Bidder, who submits more than one Bid or participates in more bids in different roles (Bidder, Subcontractor, Partner), disqualifies all bids in which he acts. All disqualified bids will be eliminatedfrom the process of public procurement.

4.1.8.Validity of the bids

Bids must be valid till 31 May, 2017, otherwise they will be rejected. In exceptional circumstances the Contracting Authority can demand from the Bidder to extend the validity of the bid for a certain period of time. The Contracting Authority's demand and the Bidder's replies must be in written form. The Bidder can refuse the Contracting Authority's demand. In case the Bidder complies with the demand, the Contracting Authority shall ask for the bid extension and eventually for the extension of the validity of the Warranty for the seriousness of the bid. All other conditions of the bid shall remain the same.

4.2.DOCUMENTS IN THE BIDS

The bid documentation must contain the following documents, sorted in the following order:

4.2.1.Data on Bidderor Subcontract or Partner

Note: Partner is the contractor in case of a joint venture

4.2.2.Contents of the bid documentation

4.2.3.Form »Declaration on acceptance of the public tender conditions«

4.2.4.Form OFFER

Summary table of all »TOTAL VALUES – from Excel formPRO-FORMA INVOICE« - for evaluation purposes only

4.2.5.Form PROFORMA INVOICE (Excel form) which have to include:

Prices:

Prices must be expressed in EUR, on DDP Ljubljana basis, delivered to the warehouse of RTV Slovenija, Ljubljana, Čufarjeva Street 6 (in accord. with INCOTERMS 2010); without VAT.

The prices must be fixed for the entire duration of the Contract.

Payment conditions:

The Contracting Authority will effect payments within 30 days after receipt of the goods and relevant invoice.

The Contracting Authority will not present bank guarantee or any other instrument for insurance of the retained payments.

Delivery dates:

The Contracting Authority requires the following delivery dates:

For manufacture of CDs and DVDs:

- for standard manufacture: 6 working days after receipt of master material, at the latest,

- for express manufacture: 4 working days after receipt of master material at the latest.

For manufacture of CDs and DVDs including insertion of discs, booklets, inlay sheetsand wrapping

- for standard manufacture: 8 working days after receipt of master material, at the latest,

for otherin accordance with the agreement

4.2.6.Statement of capability and eligibility for participation

4.2.7.Bank certificate of solvency

The Bidder must enclose Bank Certificate of solvency, showing the Bidder’s accounts have not been blocked (outstanding due obligations) for more than 5 days in the last 6 months (all accounts together). On the date of opening of the bids, this Certificate must not be older than one month.

If the Bidder has several accounts, he must enclose Bank Certificate of solvency for all accounts.

The document (under item 4.2.7) may also be a photocopy. In such case the Bidder has to inscribe on each photocopied page, that he confirms the truthfulness of the stated data and sign and stamp this statement on each photocopied page. In case the Contracting Authority subsequently requests the original evidence, the Bidder shall present the same for verification.

4.2.8.Statement of the Bidder and samples of CD and DVD

The Bidder must enclose his own statement; ensuring the manufacture of CDs and DVDs according to the replication procedure with the adequate quality.

The Contracting Authority reserves the right, prior to the selection of the Bidder, to check whether the subject Bidder fulfil the conditions for the manufacture of CDs and DVDs according to the replication procedure with the adequate quality.

For this pupose the Bidder must enclose a sample CD and a sample DVD.

In case it turns out that the subject Bidder does not fulfil the required conditions for the manufacture of CDs and DVDs according to the replication procedure with the adequate quality, his bid shall be eliminated from the further process of public procurement.

4.2.9.Replication licence from collective society for music and authors copyright

Bidder from Slovenija has to submit replication licence from Slovenian collective society SAZAS, Bidders from abroad have to submit replication licence from the collective society for music and authors copyright in their country.

4.2.10.Subcontractors

In case the Bidderintends to perform the contract with the Subcontractors, he is obliged to declare his Subcontractors.

In case the Bidder submits the bid with Subcontractors, the bid documentation must contain also the following documents:

  • For each Subcontractor stated in the form OFFER, the Bidder must enclose documents, stated under the items 4.2.1, 4.2.3, 4.2.6, 4.2.7,4.2.12 and 4.2.14;
  • Statement regarding Subcontractors;
  • Contract with Subcontractor(s), wherein it must be evident:
  • Type of work to be carried out bysubcontractor
  • Informationon thesubcontractor(name, fulladdress, registration number, VAT identification number andbankaccount)
  • Subject, quantity, value, place anddateof execution of suchworks.

The document (Contract with Subcontractor) may also be a copy. In such case the Bidder has to inscribe on each copied page, that he confirms the truthfulness of the stated data and sign and stamp this statement on each copied page. In case the Contracting Authority subsequently requests the original evidence, the Bidder shall present the same for verification.

  • The Bidder must submit a subcontractor’s agreement, under which the Contracting Authority shall make payments directly to the subcontractor (instead of the main contractor).

This agreement is to be enclosed only in case the subcontractor requires direct payments.

  • Form Participation of Subcontractors;

Before changing the Subcontractors, the Bidder will have to obtain written approval from the Contracting Authority.

Besides, in case ofanyreplacement of subcontractor(s) or in case of incorporation of a new subcontractor, the following documents will have to be submitted by the Bidder:

-Documents for a new subcontractor(s), stated under the items 4.2.1, 4.2.3, 4.2.6, 4.2.7, 4.2.12 and 4.2.14;

-Contract with new Subcontractor(s), wherein it must be evident:

  • Type of work to be carried out bysubcontractor
  • Informationon thesubcontractor(name, fulladdress, registration number, VAT identification number andbankaccount)
  • Subject, quantity, value, place anddateof execution of suchworks;

-The Bidder must submit a subcontractor’s agreement, under which the Contracting Authority shall make payments directly to the subcontractor instead of the main contractor (only in case the subcontractor requires direct payments);

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