Eren un yem a.Ş Ankara yolu, km ballica mevki 18100, Çankiri, turkey tel: 0090-376 218 11 44, Fax : +90 376 218 14 61
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A. INSTRUCTIONS TO TENDERERS 3 1 Supplies to be provided 3 1.1 The subject of the contract is the manufacture, delivery, installation, commissioning, and after-sales service by the Contractor of the following goods: 3 Lot-1: Manufacturing of raw material silos, 3 Lot-2: Electrical and Automation System of Flour Factory and Electrical and Automation System of Animal Food Factory. 3 Lot-3: Laboratory equipment 3 1.2 The supplies must comply fully with the technical specifications set out in the tender dossier (technical annex) and conform in all respects with the drawings, quantities, models, samples, measurements and other instructions. 3 1.3 N.A. 3 1.4 Tenderers are not authorised to tender for a variant in addition to the present tender. 3 2 Timetable 4 3. Participation 4 3.1. Participation is open on equal terms to all natural and legal persons participating either individually or in a grouping (consortium) of tenderers of the Member States and Turkey, to natural and legal persons from the EU candidate countries and countries benefiting from the financial and technical measures to accompany the reform of economic and social structures in the framework of the Euro-Mediterranean Partnership (MEDA) and the CARDS programme. All goods supplied under this contract must originate in these countries. 4 3.2. These terms refer to all nationals of the 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. 4 3.3. These rules apply to: 4 3.4 Natural persons, companies or undertakings meeting the conditions set out in section 2.3.3 of the Practical Guide to contract procedures financed by the general budget of the European Communities in the context of external actions are excluded from participation in and the award of contracts. Otherwise they risk exclusion from contracts and grants in accordance with section 2.3.4 of the Practical Guide. 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. 5 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. 5 4. Origin 5 4.1 Supplies must originate in a country mentioned in Article 3.1 of these instructions. The origin of the goods must be determined according to the Community Customs Code or the international agreements to which the country concerned is a signatory. 5 4.2. When 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. He may be asked to provide additional information in this connection. 5
The contract is based on unit-price. 5 6. Currency 5 Tenders must be presented in euro. 5 7. Lots 5 7.1 The tenderer may submit a tender for all of the lots. 5 7.2 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 must 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. 5 7.3 A tenderer may include in his tender the overall discount he would grant in the event of some or all of the lots for which he has submitted a tender being awarded. The discount should be clearly indicated for each lot in such a way that it can be announced during the public tender opening session. 5 7.4 If supplies have not been divided into lots, tenders must be for the entirety of the quantities indicated. 5 7.5 Contracts will be awarded lot by lot, but the Contracting Authority may select the most favourable overall solution after taking account of any discounts offered. 5 8. Period of validity 6 8.1. Tenderers shall be bound by their tenders for a period of 90 days from the deadline for the submission of tenders. 6 8.2. In exceptional cases and prior to the expiry of the original tender validity period, the Contracting Authority may ask tenderers in writing to extend this period by 40 days. Tenderers that agree to do so will not be permitted to modify their tenders. If they refuse, their participation in the tender procedure will be terminated. 6 8.3. The successful tenderer will be bound by his tender for a further period of 60 days following receipt of the notification that he has been selected. 6 9. Language of offers 6 9.1. The offers, all correspondence and documents related to the tender exchanged by the tenderer and the Contracting Authority must be written in the language of the procedure which is English. 6 9.2. Supporting documents and printed literature furnished by the tenderer may be in another language, provided they are accompanied by an accurate translation into the language of the procedure. For the purposes of interpretation of the tender, the language of the procedure will prevail. 6
10.1. Tenders must be received before the deadline specified in the letter of invitation to tender. They must include the Tender submission form in part D of this tender dossier and be sent to the following address: 6 10.2. All tenders must be submitted in one original, marked “original”, and TWO copies signed in the same way as the original and marked “copy”. 6 10.3. All tenders must be received at Eren Flour and Animal Food Company, Çankırı, Turkey before Monday 15.01.2007, 16:00 Hrs Turkish time, by registered letter with acknowledgement of receipt or hand-delivered against receipt signed by Company Manager or his representative. 6 10.4. All tenders, including annexes and all supporting documents, must be submitted in a sealed envelope bearing only: 6
11.1. A technical bid consisting of: 7 11.2 A financial bid calculated on a basis of DDP for the supplies tendered, including if applicable: 7 11.4 A statement by the tenderer attesting the origin of the supplies tendered (or other proofs of origin). 7 11.5 Duly authorised signature. 7 11.6 A description of the commercial warranty tendered. 7 11.7 The tender guarantee, for %2 of the financial bid for each lot a fixed amount as indicated in the notice of invitation to tender, must be provided according to the model annexed to the tender dossier. 7 11.8 An electronic version of the financial offer in the template format is required. 8 11.9 A description of the firm's qualifications, 8 12. Pricing 8 12.1. Tenderers will be deemed to have satisfied themselves, before submitting their tender(s), as to (its)(their) correctness and completeness, to have taken account of all that is required for the full and proper performance of the contract and to have included all costs in their rates and prices. 8 12.2. Depending on whether the supplies proposed are manufactured locally or are to be imported into the country of the Contracting Authority, Tenderers must quote, by lot, unit (and overall) prices for their tenders on one of the following bases: 8 12.3. Whatever the origin of the supplies, the contract is exempt from stamp and registration duties. 8 12.4. The prices for the contract are fixed and not subject to revision. 8
15.1. 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. 9 15.2. 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. 9 15.3. No tender may be withdrawn in the interval between the deadline for submission of tenders referred to in Article 10.1 and the expiry of the tender validity period. Withdrawal of a tender during this interval may result in forfeiture of the tender guarantee. 9 16. Costs of preparing tenders 9 17. Ownership of tenders 9 18. Joint venture or consortium 10 18.1. If a tenderer is a joint venture or consortium of two or more persons, the tender must be single with the object of securing a single contract, each person must sign the tender and will be jointly and severally liable for the tender and any contract. Those persons must designate one of their number to act as leader with authority to bind the joint venture or consortium. The composition of the joint venture or consortium must not be altered without the prior consent in writing of the Contracting Authority. 10 18.2. The tender may be signed by the representative of the joint venture or consortium only if he has been expressly so authorised in writing by the members of the joint venture or consortium, and the authorising contract, notarial act or deed must be submitted to the Contracting Authority within the 30 days following the award of the contract. All signatures to the authorising instrument must be certified in accordance with the national laws and regulations of each party comprising the joint venture or consortium together with the powers of attorney establishing, in writing, that the signatories to the tender are empowered to enter into commitments on behalf of the members of the joint venture or consortium. Each member of such joint venture or consortium must provide the proof required under Article 3.5 as if it, itself, were the tenderer. 10
19.1. The opening and examination of tenders is for the purpose of checking whether the tenders are complete, whether the requisite tender guarantees have been furnished, whether the documents have been properly signed and whether the tenders are generally in order. 11 19.2. The tenders will be opened in public session on 15.01.2007 at 16:30 Hrs at Çankırı Eren Co. by the committee appointed for the purpose. The committee will draw up minutes of the meeting, which will be available on request. 11 19.3. At the tender opening, the tenderers' names, the tender prices, any discount offered, 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. 11 19.4. 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. 11 19.5. In the interests of transparency and equal treatment and without being able to modify their tenders, tenderers may be required, at the sole written request of the evaluation committee, to provide clarifications within 48 hours. Any such request for clarification must not seek the correction of formal errors or of major restrictions affecting performance of the contract or distorting competition. 11 19.6. 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 his tender. 11 19.7. 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. 11 20. Evaluation of tenders 11 20.1. Examination of the administrative conformity of tenders 11 20.2. Technical evaluation 12 20.3. To facilitate the examination, evaluation and comparison of tenders, the evaluation committee may ask each tenderer individually for clarification of his 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 except as required to confirm the correction of arithmetical errors discovered during the evaluation of tenders pursuant to Article 20.3. Decisions to the effect that a tender is not technically compliant must be duly justified in the evaluation minutes. 12 20.4. Financial evaluation 12 20.5. Variant solutions 12 21. Signature of the contract and performance guarantee 12 21.1 The 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. 12 21.2 This evidence or these documents or statements must carry a date, which cannot be more than 180 days in relation to the deadline for the submission of the tender. In addition, a sworn statement shall be furnished stating that the situations described in these documents have not changed since then. 12 21.3 If the successful tenderer fails to provide this documentary proof or statement within 15 calendar days following the notification of award or if the successful tenderer is found to have provided false information, the award will be considered null and void. In such a case, the Contracting Authority may award the tender to another tenderer or cancel the tender procedure. 12 21.4 Within 30 days of receipt of the contract already signed by the Contracting Authority, the selected tenderer must sign and date the contract and return it, with the performance guarantee, to the Contracting Authority. On signing the contract, the successful tenderer will become the Contractor and the contract will enter into force. 13 21.5 If he 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. 13 21.6 The performance guarantee referred to in the General Conditions is set at 10 % of the amount of the contract and must be presented in the form specified in the annex to the tender dossier. It will be released within 30 days of the issue of the final acceptance certificate by the Contracting Authority, except for the proportion assigned to after-sales service. 13
23.1. Any attempt by a candidate or tenderer to obtain confidential information, enter into unlawful agreements with competitors or influence the committee or the Contracting Authority during the process of examining, clarifying, evaluating and comparing tenders will lead to the rejection of his candidacy or tender and may result in administrative penalties. 14 23.2. Without the Contracting Authority's prior written authorisation, a Contractor and his staff or any other company with which the Contractor is associated or linked may not, even on an ancillary or subcontracting basis, supply other services, carry out works or supply equipment for the project. This prohibition also applies to any other projects that could, owing to the nature of the contract, give rise to a conflict of interest on the part of the Contractor. 14 23.3. When putting forward a candidacy or tender, the candidate or tenderer shall declare that he is affected by no potential conflict of interest and has no particular link with other tenderers or parties involved in the project. Should such a situation arise during performance of the contract, the Contractor must immediately inform the Contracting Authority. 14 23.4. The Contractor must at all times act impartially and as a faithful adviser in accordance with the code of conduct of his profession. He shall refrain from making public statements about the project or services without the Contracting Authority's prior approval. He may not commit the Contracting Authority in any way without its prior written consent. 14 23.5. For the duration of the contract the Contractor and his staff shall respect human rights and undertake not to offend the political, cultural and religious mores of the beneficiary state. 14 23.6. The Contractor may accept no payment connected with the contract other than that provided for therein. The Contractor and his staff must not exercise any activity or receive any advantage inconsistent with their obligations to the Contracting Authority. 14 23.7. The Contractor and his staff shall be obliged to maintain professional secrecy for the entire duration of the contract and after its completion. All reports and documents drawn up or received by the Contractor shall be confidential. 14 23.8. The contract shall govern the Contracting Parties' use of all reports and documents drawn up, received or presented by them during the execution of the contract. 14 23.9. The Contractor shall refrain from any relationship likely to compromise his independence or that of his staff. If the Contractor ceases to be independent, the Contracting Authority may, regardless of injury, terminate the contract without further notice and without the Contractor having any claim to compensation. 14 23.10. The Commission reserves the right to suspend or cancel project financing if corrupt practices of any kind are discovered at any stage of the award process and if the Contracting Authority fails to take all appropriate measures to remedy the situation. For the purposes of this provision, "corrupt practices" are the offer of a bribe, gift, gratuity or commission to any person as an inducement or reward for performing or refraining from any act relating to the award of a contract or implementation of a contract already concluded with the Contracting Authority. 14 23.11. All tenders will be rejected or contracts terminated if it emerges that the award or execution of a contract has given rise to unusual commercial expenses. 14 23.12. Such unusual commercial expenses are commissions not mentioned in the main contract or not stemming from a properly concluded contract referring to the main contract, commissions not paid in return for any actual and legitimate service, commissions remitted to a tax haven, commissions paid to a recipient who is not clearly identified or commissions paid to a company which has every appearance of being a front company. 15 23.13. The Contractor undertakes to supply the Commission on request with all supporting documents relating to the conditions of the contract's execution. The Commission may carry out whatever documentary or on-the-spot checks it deems necessary to find evidence in cases of suspected unusual commercial expenses. 15 23.14. Contractors found to have paid unusual commercial expenses on projects funded by the Community are liable, depending on the seriousness of the facts observed, to have their contracts terminated or to be permanently excluded from receiving Community funds. 15
DRAFT CONTRACT 16 Lot-1: Manufacturing of raw material silos, 16 Lot-2: Electrical and Automation System of Flour Factory and Electrical and Automation System of Animal Food Factory. 16 Lot-3: Laboratory equipment 16 22
PRELIMINARY PROVISIONS 28 Article 1 Definitions 28 Article 2 Law and language of the contract 28 Article 3 Order of precedence of contract documents 28 Article 4 Communications 29 Article 5 Assignment 29 Article 6 Subcontracting 30 OBLIGATIONS OF THE CONTRACTING AUTHORITY 30 Article 7 Supply of documents 30 Article 8 Assistance with local regulations 31 OBLIGATIONS OF THE CONTRACTOR 31 Article 9 General Obligations 31 Article 10 Origin 32 Article 11 Performance guarantee 33 Article 12 Insurance 33 Article 13 Implementation programme 34 Article 14 Contractor's drawings 34 Article 15 Sufficiency of tender prices 35 Article 16 Tax and customs arrangements 36 Article 17 Patents and licences 36 COMMENCEMENT OF IMPLEMENTATION AND DELAYS
Article 18 Commencement order 36 Article 19 Period of implementation 36 Article 20 Extension of period of implementation 37 Article 21 Delays in implementation 37 Article 22 Variations 38 Article 23 Suspension 40 MATERIALS AND WORKMANSHIP 41 Article 24 Quality of supplies 41 Article 25 Inspection and testing 41 PAYMENTS 42 Article 26 General principles 42 Article 27 Payment to third parties 44 Article 28 Delayed payments 45 ACCEPTANCE AND MAINTENANCE 45 Article 29 Delivery 45 Article 30 Verification operations 46 Article 31 Provisional acceptance 47 Article 32 Warranty obligations 48 Article 33 After-sales service 49 Article 34 Final acceptance 49 BREACH OF CONTRACT AND TERMINATION 49 Article 35 Breach of contract 49 Article 36 Termination by the Contracting Authority 50 Article 37 Termination by the Contractor 51 Article 38 Force majeure 52 Article 39 Death 53 DISPUTE SETTLEMENT 53 Article 40 Amicable dispute settlement 53 Article 41 Dispute settlement by litigation 53 Article 42 Ethics clauses 54 Article 43 Administrative and financial penalties 55 Article 44 Checks and audits by Community bodies 55 Equipment No 57 quantity 57 Equipment No 58 quantity 58 Equipment No 58 Quantity 58 Equipment No 59 quantity 59 Annex V : Tender guarantee form 75 Bank account notification form 78 Part C. Further information 83 Administrative compliance grid 84 Technical Evaluation Grid 85 Glossary 87 Part D. Tender form for a supply contract 90 |