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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 : 15-10-2009
Additional information:
BIDDER 1
Regarding the points 10, 13, 14, 15, 16, and 17 of my former email I would like to discuss the conditions of your contract:
REPLY 1
Regarding to your last question, we make the following consideration:
The standard conditions, due to procedure selected by the INL to award the contract, cannot be subject to any modification. So that if your company decides to submit a proposal for the present procedure, you must take in account that it will imply unconditional acceptance of the standard and the technical specifications, without any reservation or exception, as set up in clause 6 of the standard specifications. Likewise, this obligation arises out of the provisions of Directiva 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works, public supply contracts and public service contracts.
BIDDER 2
I have a question related to the standard specification of the above listed tender. Section 14. Guarantee. You state that the guarantee shall be issued by a bank approved by the INL.
Is there a list of banks that are approved by INL ?
Where can I find the list or can you please send me a list ?
REPLY 2
Once the contract is awarded, the awardee will propose to the INL the bank with which he wants to issue the bank guarantee. Knowing that information, the INL will communicate to the awardee if he approves or not the proposed bank. There is not a list of banks approved by the INL.
Yours sincerely
INL Legal Office
BIDDER 3
Questions about the “STANDARD SPECIFICATIONS TO GOVERN THE CONTRACT FOR THE SUPPLY OF SCIENTIFIC MATERIALS AND INSTRUMENTS TO THE INTERNATIONAL IBERIAN NANOTECHNOLOGY LABORATORY”
Dear Gentlemen,
1)We understand that the Bid and “all” documents have to be submitted in English. Nevertheless, there are several documents like ISO certificates, finance bodies certificates of “state of accounts” , etc., which are in specific original forms, which do not make much sence to be translated if they are issued in Portuguese. The question is, if these official certificates must also be translated into English. This includes the certificates of our own customers (as per point 4.a) of your document.
2)As far as point 4.d) of the document, please confirm that this request has to be done performed by a document issued by the manufacturer, and not by the “tenderer” . in our case, we are the “tenderer” but not the manufacturer and can not issue such documents.
3) The same question as above applies for point 4.f)
4) Point14. – GUARANTEE: It is clear about the 10% guarantee “until the expiry of the guaranty period” but it is not normal that a guaranty to cover a “downturn payment” , be also valid until the “expire of the guaranty period”. This makes no sense. This other guarantee should be valid until the delivery of the goods or at the maximum until the acceptance of the goods by INL. Please confirm.
5)Point 16. THE CONTRACTOR’S OBLIGATIONS: As you certainly know the equipment of this Tender will be proposed at minimum commercial margins to cover costs and get some commercial benefit without which no company can survive. The extra cost imposed by INL on points 16.1), 16.2), 16.4), are unknown to the tenderer and so can hardly be taking into account. Specifically the cost related to point 16.4) seam to us as inadequate as it is obvious that we must occupy the INL premises in order to assembly, install and demonstrate the specifications of the equipment supplied (unless this is not the mean of this specific point). Please be so kind to clarify.
6)Point 20. ASSIGNMENT OF THE CONTRACT: in this point it is said that “…in any event… Obligations to be performed on INL premises shall not be subcontracted”. So, how we can perform the installation and the training of the equipment(s) by the manufacturer’s specialized engineers???? Please clarify.
7)Point 22. PAYMENT OF THE PRICE: It is said. “The price shall be paid within the period set out in schedule V”, but in Schedule V there is nothing related to “payments”. Please clarify.
8) Point 27. LANGUAGE: Please be so kind to see our question on point 1) of this e-mail and clarify.
9)SCHEDULE I: TENDERER’S REQUEST TO PARTICIPATE: When this document has to be issued? At the same time of the bid, of any time before? We just could not find this indication in the Tender “Standard Specifications to Govern the Contract…”
10)Schedule III: Please be so kind to explain what means “Waver of prices on Account”.
11)Schedule V: as mentioned above on point 7) of this e-mail, there are no indication about “minimum periods of payment”. There is only “Expected Delivery Time (months” and Target Price without VAT (k€) columns.
REPLY 3
The answer to question no. 1 is in clause 27 of the Standard Specifications.
The answer to question no. 2 and 3 is that those documents are necessary to assess the technical and professional ability of the tenderers.
The answer to question no. 4 is in clause 14 of the Standard Specifications.
The answer to question no. 5 is that the tenderer must only pay those costs that are specifically made by the INL. All these costs will be proved by the INL with the corresponding invoice or bill.
The answer to question no. 6 is in clause 20 of the Standard Specifications.
The answer to question no. 7 is Considering that among the award criteria is the price within it will be valued the abscence of payments on account and the granting of more time to make the different payments, each tenderer should propose its ways of payment.
The answer to question no. 8 is in clause 27 of the Standard Specifications.
The answer to question no. 9 is that you should enclose the tenderer´s request to participate together with envelope A and B.
The answer to question no. 10 is in clause 7 of the Standard Specifications.
The answer to question no. 11 is the same as to question no. 7.
Yours sincerely,
INL Legal Office
BIDDER 4
We read the documents for the public tender and we wonder if we can provide the data regarding our mother company (Chapeter 5. Capacity to make contracts and to act) that is basically manufacturing the equipment we submit to the tender.
Can you please reply?
We also have a specific question to par 4, pag 6, sec a) some data you require are quite confidential, what info can we leave out (i.e. recipients and sums of deliveries) ?
What about sec d) and f) still on pag6: ISO cerfication or CE are enough?
REPLY 4
Regarding to your questions related to the Standard Specifications to govern the contract for the supply of scientific material and instruments to the International Iberian Nanotechnology Laboratory", we make the following considerations:
The answer to your first questions is that a tender operator may rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It must in that case prove to the INL that the tender will have at its disposal the resources necessary for the execution of the contract, for example, by producing an undertaking by those entities to place the necessary resources at the disposal of the tender.
The answer to your second question is in article 6 of the Directive 2004/18/CE of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts. This article sets out "Without prejudice to the provisions of this Directive, in particular those concerning the obligations relating to the advertising of awarded contracts and to the information to the candidates and tenderers set out in Article 35 and 41, and in accordance with the national law to which the contracting autorithy is subject, the contracting authority shall not disclose information forwarded to it by the economic operators which they have designated as confidential; such information includes, in particular, technical or trade secrets and the confidential aspects of tenders."
The answer to your third question is in clause 5 of the Standard Specifications.
Yours sincerely.
IN Legal Office
BIDDER 5
Dear Selection Committee,
Considering the rules established and informations provided on the document "Standard Specifications to Govern the Contract for the supply of Scientific Materials and Instruments to the International Iberian Nanotechnology Laboratory" and namely what is stated on "Schedule V", we hereby ask for your assistance in order to clarify if, "Maximum Tender Price" (clause 8), "Target Budget" (Schedule V) and "Target Price" (Schedule V) are equivalent terms, with the same conceptual meaning.
In our opinion, it should mean the upper limit of price per item (matching the contents of clauses 7/2; clause 8 and on Schedule V) which cannot be surpassed, at risk of the proposal being valued with 0 points. Please advise, whether our understanding is correct. If not, please provide an explanation that will enable us to present a proposal fulfiling all necessary requirements.
Best compliments,
REPLY 5
Dear Mr. XXXXX,
Regarding to your questions related to the Standard Specifications to govern the contract for the supply of scientific material and instruments to the International Iberian Nanotechnology Laboratory",we make the following considerations:
Maximum tender price and Target Price are equivalent terms, with the same meaning. They must be understood that any tender exceeding the maximun tender price shall be rejected by the Selection Committee, as set out in clause 10 of the Standard Specifications.
Yours sincerely.
INL Legal Office
BIDDER 6
Dear Sir,
Can you please indicate us if we have to provide several set (copy) of each of the documents in each envelope ? If so please indicate us the number of copy of the documents you wish to received in each envelope.
We look forward to receive your information.
Very best regards,
REPLY 6
Regarding to your questions related to the Standard Specifications to govern the contract for the supply of scientific material and instruments to the International Iberian Nanotechnology Laboratory", we make the following considerations:
The answer to your question is that you must only send one copy of each document.
Yours sincerely.
INL Legal Office
BIDDER 7
Dear sir/madame at INL,
First, please let me introduce myself. I am XXXXXXXXXXXX, and currently working for the equipment manufacturer, XXXXXX Corporation as sales.
I have obtained the standard specifications to govern the contract for the supply of scientific materials and instruments to the INL via your website, then currently reviewing this document for our preparation of tender participation. Then, we got a question as follows. Please review it and kindly give us of your feedback.
Question: regarding to chapter 16 "the contractor´s obligations", there are some obligations which we would like to modify to accept.
In these cases, how we can notify INL? Would it be a way that we can enclose our proposed amendment into the tender envelop?, although we are sure that this amendment proposal to influence the result anyway.
Thank you in advance for your response.
Best Regards
REPLY 7
Dear Mr. Tanaka,
Regarding to your questions related to the Standard Specifications to govern the contract for the supply of scientific material and instruments to the International Iberian Nanotechnology Laboratory",we make the following considerations:
The standard conditions, due to the procedure selected by the INL to award the contract, cannot be subject to any modification. So that if your company decides to submit a proposal for the present procedure, you must take in account that it will imply unconditional acceptance of the standard and the technical specifications, without any reservation or exception, as set up in clause 6 of the standard specifications. Likewise, this obligation arises out of the provisions of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works, public supply contracts and public service contracts.
Yours sincerely,
INL Legal Office
BIDDER 8
Dear Sirs/Madam,
INL Tender reference: 2009-108369 Contract for the Supply of Scientific Materials and Instruments
Our company XXXXXXXXXX is in the process of compiling the submission of our offer for the Equipment 1.1 E-beam Lithography System as specified in the above referenced INL tender and would like clarification of the following points of the tender documents.
Section 16. 1,2,3,4 (Page23)
Is it possible that INL could provide us with an indication of the cost that may be incurred for costs arising in 1,2,3,4
We would appreciate clarification of the above by return.
Yours sincerely
REPLY 8
Regarding to your questions related to the Standard Specifications to govern the contract for the supply of scientific material and instruments to the International Iberian Nanotechnology Laboratory", we make the following considerations:
The answer to your question is that nowadays there is not a quotation of those costs. However, the tenderer must only pay those costs that are specifically made by the INL. All these costs will be proved by the INL with the corresponding invoice or bill.
Yours sincerely,
INL Legal Office
BIDDER 9
I am contacting you regarding public tender "Contract for the supply of scientific materials and instruments" notice number 2009/S 181-260069.
We would like to offer our equipment for some of the tender lots. However I have a question which I would like to clarify: what is time schedule of the tender bid evaluation after document submission i.e. when the winner of the tender will be announced, when the contract with winning
company is expected to be signed?
Thank you
REPLY 9
Dear Sirs,
Regarding to your question related to the Standard Specifications to govern the contract for the supply of scientific material and instruments to the International Iberian Nanotechnology Laboratory", we make the following considerations:
There is not a schedule relative to the award procedure and its different steps, beyond the dates set out in the standard specifications and in the contract notice.
Yours sincerely
INL Legal Office
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