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Part D. Tender form for a supply contractPublication reference: TR 0305.02/SME/202-01 Title of contract: Supply of equipment under the project “Modernisation of Flour and Animal Food Factories” A: One signed original form must be supplied (for each lot, if the tender procedure is divided into lots), together with the number of copies specified in the Instruction to Tenderers. The form must include a signed declaration using the annexed format from each legal entity making the application. Any additional documentation (brochure, letter, etc) sent with the form will not be taken into consideration. Applications being submitted by a consortium (ie, either a permanent, legally-established grouping or a grouping which has been constituted informally for a specific tender procedure) must follow the instructions applicable to the consortium leader and its members. An economic operator may, where appropriate and for a particular contract, 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 contracting authority that it will have at its disposal the resources necessary for performance of the contract, for example by producing an undertaking on the part of those entities to place those resources at its disposal. Such entities, for instance the parent company of the economic operator, must respect the same rules of eligibility and notably that of nationality, as the economic operator. 1 SUBMITTED BY
1 add/delete additional lines for members as appropriate. Note that a subcontractor is not considered to be a member for the purposes of this tender procedure. Subsequently, the data of the subcontractor must not appear in the data related to the economic, financial and professional capacity. If this tender is being submitted by an individual tenderer, the name of the tenderer should be entered as 'leader' (and all other lines should be deleted) 2Country in which the legal entity is registered 2 CONTACT PERSON (for this tender)
3 ECONOMIC AND FINANCIAL CAPACITY Please complete the following table of financial data3 based on your annual accounts and your latest projections. If annual accounts are not yet available for this year or last year, please provide your latest estimates, clearly identifying estimated figures in italics. Figures in all columns must be on the same basis to allow a direct, year-on-year comparison to be made (or, if the basis has changed, an explanation of the change must be provided as a footnote to the table). Any clarification or explanation which is judged necessary may also be provided.
3 if this application is being submitted by a consortium, the data in the table above must be the sum of the data in the corresponding tables in the declarations provided by the consortium members – see point 7 of this tender form for a supply contract. 4 Amounts entered in the 'Average' column must be the mathematical average of the amounts entered in the four preceding columns of the same row. 5 The gross inflow of economic benefits (cash, receivables, other assets) arising from the ordinary operating activities of the enterprise (such as sales of goods, sales of services, interest, royalties, and dividends) during the year. 6 Cash and cash equivalents comprise cash on hand and demand deposits, together with short-term, highly liquid investments that are readily convertible to a known amount of cash, and that are subject to an insignificant risk of changes in value. An investment normally meets the definition of a cash equivalent when it has a maturity of three months or less from the date of acquisition. Equity investments are normally excluded, unless they are in substance a cash equivalent (e.g. preferred shares acquired within three months of their specified redemption date). Bank overdrafts which are repayable on demand and which form an integral part of an enterprise's cash management are also included as a component of cash and cash equivalents. 7 Operating activities are the main revenue-producing activities of the enterprise that are not investing or financing activities, so operating cash flows include cash received from customers and cash paid to suppliers and employees. Investing activities are the acquisition and disposal of long-term assets and other investments that are not considered to be cash equivalents. Financing activities are activities that alter the equity capital and borrowing structure of the enterprise. Interest and dividends received and paid may be classified as operating, investing, or financing cash flows, provided that they are classified consistently from period to period. Cash flows arising from taxes on income are normally classified as operating, unless they can be specifically identified with financing or investing activities. 4 STAFF RESOURCES Please provide the following personnel statistics8 for the current year and the two previous years.
8 if this tender is being submitted by a consortium, the data in the table above must be the sum of the data in the corresponding tables in the declarations provided by the consortium members – see point 7 of this tender form for a supply contract. 9 corresponding to the relevant specialisms identified in point 5 below 10 staff directly employed by the Tenderer on a permanent basis (ie, under indefinite contracts) 11 other staff not directly employed by theTenderer on a permanent basis (ie, under fixed-term contracts) 5 FIELDS OF SPECIALISATION Please use the table below whose objective is to indicate the relevant specialisms related to this contract of each legal entity making this tender, by using the names of these specialisms as the row headings and the name of the legal entity as the column headings. Show the relevant specialism(s) of each legal entity by placing a tick () in the box corresponding to those specialisms in which the legal entity has significant experience. [Maximum 10 specialisms]
12 add / delete additional lines and/or rows as appropriate. If this tender is being submitted by an individual legal entity, the name of the legal entity should be entered as 'Leader' (and all other columns should be deleted) 6 EXPERIENCE Please complete a table using the format below to summarise the major relevant supplies carried out in the course of the past 3 years by the legal entity or entities making this tender. The number of references to be provided must not exceed 15 for the entire tender
7 TENDERER'S DECLARATION(S) To be completed and signed by the tenderer (including one from each member in a consortium). In response to your letter of invitation to tender for the above contract, we, the undersigned, hereby declare that:
Lot no [….]: [description of supplies with indication of quantities and origin] Lot no [….]: [description of supplies with indication of quantities and origin] Lot No [….]: [………………………………………………………….……] Lot No [….]: [……………………………………………………………….]
Lot No 1: [……………………………………………..] Lot No 2: [……………………………………………..] Lot No 3: [……………………………………………..] 4 We will grant a discount of [%], or […………..] [in the event of our being awarded Lot No… and Lot No… ………]. 5 This tender is valid for a period of 90 days from the final date for submission of tenders. 6 If our tender is accepted, we undertake to provide a performance guarantee of 10%, as required by Article 11 of the General Conditions. 7 Our firm/company [and our subcontractors] has/have the following nationality: <……………………………………………………………………> 8 We are making this tender in our own right [as member in the consortium led by < name of the leader / ourselves > ]*. We confirm that we are not tendering for the same contract in any other form. [We confirm, as a member in the consortium, that all members are jointly and severally liable by law for the execution of the contract, that the lead member is authorised to bind, and receive instructions for and on behalf of, each member, that the execution of the contract, including payments, is the responsibility of the lead member, and that all members in the joint venture/consortium are bound to remain in the joint venture/consortium for the entire period of the contract's execution]. 9 We are not in any of the situations excluding us from participating in contracts which are listed in Article 3 of the instructions to tenderers. In the event that our tender is successful, we undertake, if required, to provide the proof usual under the law of the country in which we are established that we do not fall into the exclusion situations listed in section 2.3.3 of the Practical Guide to contract procedures for EC external actions. The date on the evidence or documents provided will be no earlier than 1 year before the date of the notification of award, in addition, we will provide a sworn statement that our situation has not altered in the period which has elapsed since the evidence in question was drawn up. We also understand that if we fail to provide this proof or evidence of the financial and economic capacity and the technical and professional capacity according to the selection criteria within 15 calendar days after receiving the notification of award, or if the information provided is proved false, the award will be considered null and void. 10 We agree to abide by the ethics clauses in Clause 23 of the instructions to tenderers and, in particular, have no potential conflict of interests or any relation with other candidates or other parties in the tender procedure at the time of the submission of this application. 11 We will inform the Contracting Authority immediately if there is any change in the above circumstances at any stage during the implementation of the contract. We also fully recognise and accept that any inaccurate or incomplete information deliberately provided in this application may result in our exclusion from this and other contracts funded by the European Communities. 12 We note that the Contracting Authority is not bound to proceed with this invitation to tender and that it reserves the right to award only part of the contract. It will incur no liability towards us should it do so. Name and first name: <[…………………………………………………………………> Duly authorised to sign this tender on behalf of:
Place and date: <…………………………………………………………….………….>] Stamp of the firm/company: This tender includes the following annexes: [Numbered list of annexes with titles] 1 DDP (delivered duty paid) / DDU (delivered duty unpaid) 2 Where the contracting party is an individual. 3 Where applicable. For individuals, mention their ID card or passport or equivalent document - number 4 Except where the contracting party is not VAT registered. 5 DDP/DDU - Incoterms 2000 International Chamber of Commerce. 6 This mention has to be inserted only where the law applicable to the guarantee imposes a precise expiry date 7 The name(s) and position(s) of the persons signing on behalf of the guarantor must be shown in printed characters. 8 This mention has to be inserted only where the law applicable to the guarantee imposes a precise expiry date 9 The name(s) and position(s) of the persons signing on behalf of the guarantor must be shown in printed characters. 10 This is an extract of Article 5-8 of Annex A of the Framework Agreement signed between Turkey and the EC in 2004, and adopted as law by Turkish Parliament (no: 5303) on 22 February 2005 and published in the Turkish Official Gazette on 26 March 2005, no: 25739. 11 Council Regulation (EC) No 3906/1989 of 18 December 1989 on economic aid for certain countries of central and Eastern Europe. OJ L 375, 23.12.1989, p. 11. 12 Council Regulation (EC) No 2666/2000 of 5 December 2000. OJ L 306, 7.12.2000, p. 1. 13 If the tender has been submitted by a consortium, the nationalities of all the consortium members must be eligible | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||