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CONTRACT OPPORTUNITIES ADITIONAL INFORMATION
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Project reference: 2009-108369
Title: CONTRACT NOTICE FOR THE SUPPLY OF SCIENTIFIC MATERIALS AND INSTRUMENTS
Complementary information: REPLIES TO ADMINISTRATIVE QUESTIONS RAISED BY BIDDERS
Date of dispatch : 06-10-2009
Additional information:
Bidder 1
Dear Sirs,
Further to your previous email, see below for answers to your questions.
Best regards
INL Legal Office
t1equipment@inl.int
El 30/09/2009, a las 14:12, XXXX, XXXXX :
Dear Ladies & Gentlemen,
thank you very much for considering xxxxxx for the above mentioned tender. XXXX would like to participate in the tender Lot 3.9. Reviewing your PDF documents EE319FC6d01.pdf and 385E8C8Bd01.pdf several question came up which we kindly ask you answer:
General Points
1) are the documents EE319FC6d01.pdf and 385E8C8Bd01.pdf the complete set, or are there additional documents defining your call for tenders?.
No, there are not more documents related to this procedure.
2) will xxxxx need to formally sign in on one of your web pages to express our desire to participate?
It is not necessary.
Specifications
1) paragraph 4 (Legal Regime, page 3): INL regards to “This Contract”. Does it mean the file “Standard Specifications to govern the contract ...” is already the contract text?
The Standard Conditions are part of the contract as it has been set up in clause 25 of the Standard Conditions.
2) paragraph 5 point a (Capacity, page 4): you ask for an extract from the “judicial record” or an equivalent document. Such document for companies is unknown to us. Please can you explain what we can deliver to you in order to prove that our company is not in any way “guilty”?
it is answered on clause 5.1 of the Standard Specifications
3) paragraph 5.3.1 (Capacity, page 5): you ask for “annual accounts filed in the commercial registry”. Such registry is unknown to us. Please can you explain in more detail what you need?
it is answered on clause 5 of the Standard Specifications
4) paragraph 6, Envelope A (Award procedure, page 9): you say envelope A shall contain “all of the documents included in the tenderer’s tender”. Does it mean that envelope A shall contain ALL our documents, and envelope B should contain a sub-set of these documents?
it is not necessary that documents included in envelope B will be enclosed in envelope A
5) paragraph 6, Envelope A (Award procedure, page 9): we do not understand what “supply and installation project” means. Please can you explain in more detail what you want us to include?
The bidder should include in the proposal the site requirements for the instrumentation ( to be provided by INL) , and the planned tool installation schedule ( to be made by the bidder).
6) paragraph 6, Envelope B (Award procedure, page 9): you ask for “an authenticated copy of the national identity document” of the tenderer. As a company, there is no such DNI. What do you want us to send?
This requirement is only applicable to natural persons
7) paragraph 6, Envelope B (Award procedure, page 10): you ask us to supply a “registration on registers”. This is unknown to us. Please can you explain more what you need from us?
it is answered on clause 6 of the Standard Specifications
8) paragraph 10a (Contracting Body, page 16): you regard to a “contract notice”. Where can I find this document?
you could find the contract notice in the Supplement to the Official Journal of the European Union
9) paragraph 11 (Award, page 18): “The successful tenderer shall evidence compliance with the requirement that he has fulfilled his social security and tax obligations”. Does it mean that this evidence does NOT need to included in envelope B of the tender, but only after having been awarded the successful tenderer?
it is answered on clauses 5 and 11 of the Standard Specifications
10) paragraph 14 (Guarantee, page 22): XXXX would like to discuss these conditions. Who at INL is the correct contact for such discussion?
it is answered on clause 6 of the Standard Specifications
11) paragraph 15 (Conclusion of the contract, page 22): you say “the awardee shall sign the relevant document concluding the contract”. Where can I find this relevant document?
The contract will only be provided to the awardee
12) paragraph 15 (Conclusion of the contract, page 23): you say “INL may terminate the contract, retaining the definitive bond ...”. What is this definitive bond?
it is answered on clause 14 of the Standard Specifications. The bond is the guarantee of clause 14
13) paragraph 16 (Contractor’s Obligations, page 23 & 24): XXXX would like to discuss these conditions. Who at INL is the correct contact for such discussion?
it is answered on clause 6 of the Standard Specifications
14) paragraph 19 (IP and Patents, page 26): XXXX would like to discuss these conditions. Who at INL is the correct contact for such discussion?
it is answered on clause 6 of the Standard Specifications
15) paragraph 20 (Assignment of the contract, page 27): XXXX would like to discuss these conditions. Who at INL is the correct contact for such discussion?
it is answered on clause 6 of the Standard Specifications
16) paragraph 21 (Warranty, page 27 & 28): XXXX would like to discuss these conditions. Who at INL is the correct contact for such discussion?
it is answered on clause 6 of the Standard Specifications
17) paragraph 23 (Penalties, page 28): XXXX would like to discuss these conditions. Who at INL is the correct contact for such discussion?
it is answered on clause 6 of the Standard Specifications
18) paragraph 25 (Contract Documents, page 29): The first document listed is “The contract”. Where can I find this documents?
The contract will be only provided to the awardee
19) Schedule I (Tenderer’s request to participate): do we need to send this NOW or together with the tender submission. Envelope A or B?
It makes no difference whether you enclosed it or not with envelope B. However, you should ensure you send that request with all the documents related with your proposal to participate in the tender.
20) Schedule III (Economic Proposal, page 33): you ask us to sign that we “perform to the contract strictly subject to the contract documents”. XXXX can only sign if we know and have reviewed the contract documents. Where can we find these contract documents?
it is answered on clause 25 of the Standard Specifications. you should remember that the contract will be only provided to the awardee
21) Schedule III (Economic Proposal, page 33): we do not understand the meaning of “waiver of prices on account”. Please can you explain the meaning to us?
it is answered on clause 7 of the Standard Specifications
Bidder 2
Dear Sirs,
Regarding your questions see below for answers to your doubts.
Best regards
INL Legal Office
t1equipment@inl.int
El 30/09/2009, a las 11:30, xxxx.xxxx:
Dear sirs,
XXXXXXXX is interested in answer to some of the lots of the tender published for the supply of scientific materials and instruments to the International Nanotechnology Laboratory.
We would appreciate very much your collaboration in order to clarify us some points of the Standard specifications and documents to be included:
1) Envelope 1 & 2, should be enclosed in a general one with the name of the tender, INL address and all our data? In this case, should be also sealed?
This is reflected in Clause 6 of the Standard Conditions so that it is not necessary to enclose envelope A and B together
2) Is it necessary that the signatures of the sworn translator and the legal representative of the company, may be recognized and legalized by the Portuguese consulate in XXXXXX?
it is not necessary that the signatures of the sworn translator and the legal representative of tha company are recognized and legalized by the Portuguese consulate.
3) Should we have to include the document “Tenderer’s request to participate” in envelope B?
It makes no difference whether you enclosed it or not with envelope B. However, you should ensure that you send the Tenderer request with all the documents related with your proposal to participate in the tender.
4) Point 5 of the Standard specifications “capacity to make contracts”, point 1 talks about evidence that the circumstances related do not apply to the company. Could we include a declaration issued by a Notary stating that neither XXXX nor any of its managers are under any of these circumstances?
It is answered on clause 5.1 of the Standard Specifications
5) Point 5 of the Standard specifications “capacity to make contracts”, point 4 “technical and professional ability”:
- Paragraph c) we understand that we have to include ISO certificate and Quality policy assurance.
- Paragraph f) we understand that we have to include declaration of conformity related to standards, TUV certification, etc.
- Paragraph d) we do not know exactly what is requested. Could you please explain?
Only if it were applicable.
5) Point 5 of the Standard specifications “capacity to make contracts”, point 3 “economic and financial standing”:
it is answered on clause 5.3 of the Standard Specifications.
- 1) We have to attach our annual accounts filed at the Commercial Register in XXXXXX. This document is more than 80 pages long. The Commercial Register issued an extract of the annual account filed, in which they state that the company has filed the accounts, the official balance sheet and income and expenditure account related to the last year closed (in this case 2008). In total 6 pages. Could you please confirm if this extract will be accepted?
7) Point 6 of the Standard specifications “award procedure and method”, point 2 “envelope B”:
- 2) We must attach our deed of formation and alterations. These means 4 deeds, more than 140 pages which must be sworn translated. For other tender in Portugal we have attached an official certification issued by the Commercial Register in XXXXX stating all the important data of the company, name, address, shareholders, share capital, object company, etc, and that the company is still valid. In total 3 pages. Would it be enough or we have to include all deeds?
it is answered on clause 6.2 of the Standard Specifications.
- 3) We have to attach power of attorney of the person who signs the tender on behalf of the company. Is it also necessary to attach an official certificate from the Commercial Register in XXXXX stating that this power is still valid?
The power of attorney should be valid at the time of signing and sending the documents.
- 6) The solemn declaration has to be signed by the legal representative of the company. Is it enough with her signature or is also necessary to sign it in front a Notary?
it is not necessary a solemn declaration witnessed by a Notary.
We thank you very much for your help in advance, and look forward for your comments.
Best regards.
Tenderer 3
Dear Sir,
Regarding your question related with the Standard Specifications : The answer to question no. 1 is that items within sets are considered independent lots
Best Regards
IN Legal Office
t1equipment@inl.int
El 30/09/2009, a las 09:09, XXXXXXXXX
Dear Sir/Madam,
XXXXX is a company specialized in Nano surface characterization, with a well stablished customer base in Spain and Portugal.
We plan to answer to the current tender running and also to future tenders related to our field of expertise.
Just two quick questions:
Is it possible to tender just to a single item (4.2) or it is compulsory to answer to the complete Set IV "Characterization tool"?
Regarding your question related with the Standard Specifications : The answer to question no. 1 is that items within sets are considered independent lots
Can we address somebody to make technical questions regarding the specs of any item of the tender (Contact Profilometry in this case)?
Technical questions must be sent by email during the tender process
Looking forward to your answer.Thanks.
Best Regards
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