SPECIFICATION OF ESSENTIAL TERMS AND CONDITIONS OF THE PUBLIC PROCUREMENT (hereinafter referred to as the SETCPP )

Transcription

1 PUBLIC PROCUREMENT OFFICE JAGIELLONIAN UNIVERSITY IN KRAKOW ul. Straszewskiego 25/9, Krakow Tel.: , fax or ; INNOVATIVE ECONOMY NATIONAL COHESION STRATEGY EUROPEAN UNION EUROPEAN REGIONAL DEVELOPMENT FUND The Public Procurement, as Project called Research on systems in the atomic scale. Science for an innovative economy, is co-financed by the European Union within the European Regional Development Fund, Innovative Economy Operational Programme for the years , Priority No. 2, Infrastructure of the B+R sector, Activity No Development of centres with a high research potential. Krakow, 6 May 2010 SPECIFICATION OF ESSENTIAL TERMS AND CONDITIONS OF THE PUBLIC PROCUREMENT (hereinafter referred to as the SETCPP ) 1) Full name (company name) and address of the Purchaser. 1. Jagiellonian University in Krakow, ul. Golebia 24, Krakow. 2. Unit assigned to the Tender Procedure: 2.1. Public Procurement Office of the Jagiellonian University, ul. Straszewskiego 25/9, Krakow; 2.2. Tel ; fax or ; bzp@uj.edu.pl, 2) Contract Award Procedure. 1. The procedure shall be carried out as an open tender, pursuant to the regulations under the Act of 29 January 2004 Public Procurement Law, hereinafter referred to as the PPL (consolidated text: Polish Journal of Laws of 2007 No. 223 item 1655, as amended). bzp@uj.edu.pl Page 1 of 37

2 2. An adequately appointed Tender Board shall carry out the entire present Contract Award procedure. 3. Provisions of the aforementioned Public Procurement Law (PPL) and regulations related thereto, enacted on the basis of the PPL, shall apply to actions undertaken by both the Purchaser and the prospective Contractors in connection with the procedure aiming at awarding a Contract. With regard to issues not governed by that Law, the provisions of the Act of 23 April 1964, Civil Code (Polish Journal of Laws No. 16 item 93, as amended) shall apply. 3) Description of the Object of Public Procurement. 1. The Object of Public Procurement and of the prospective Contract is the selection of a contractor to purchase, deliver and assemble a Mössbauer Spectrometr System with accessories, PC and software, together with the initiation, testing and staff training, within a project called Research on systems in the atomic scale. Science for an innovative economy ( ATOMIN project), co-financed by the European Union within the European Regional Development Fund, Innovative Economy Operational Programme, for the Faculty of Physics, Astronomy and Applied Computer Science, Jagiellonian University in Krakow, ul. Reymonta 4, Krakow. The Object of Public Procurement shall include in particular Mössbauer Spectrometer System with additional accessories and software consisting of resonant gamma-ray spectrometer with dual Multi-channel scalers, detection and spectrometer lines, Mössbauer cryostat eequipped with 9 T superconducting magnet and operating in a vertical geometry (vertical Mössbauer drive enabling simultaneous cooling of a source and absorber), optional second Mössbauer Channel enabling calibration, all sensors and controlers for magnetic field regulation and operation under vacuum (electronic controllers of pressure, temperature, liquid helium and nitrogen level indicators), transfer tube for liquid helium, PC with LCD monitor and software for MS analysis. The Contract concerns the construction of a Mössbauer Spectrometer System with cryostat equipped with superconducting magnet for investigations below liquid helium temperature. 2. The Contractor shall deliver the Public Procurement within the deadline specified in Article 4 hereof, i.e. within 7 months, counting from the date of Contract award. 3. The Contractor shall offer the Object of Public Procurement which complies with the requirements specified in the SETCPP, and it is obliged to enclose the Object s detailed technical and / or functional specifications, or producer s catalogues, which will allow for the assessment of compliance of the offered elements and devices and their specifications with the requirements of the SETCPP (an English version of the aforementioned documents shall be acceptable). 4. The Contractor shall offer at least 12 months warranty on the whole of the Object of Public Procurement, counting from the date of the delivery of the whole of the Public Procurement, including the gratuitous on-going maintenance (included in the bid price), resulting from the terms and conditions of the warranty, and repair within the warranty bzp@uj.edu.pl Page 2 of 37

3 period in the place of use, carried out by persons or entities with the producer s relevant authorization. 5. The Contractor shall offer the lump price of the Bid for the Object of Public Procurement in the form of individual calculations, taking into account the requirements and provisions of the SETCPP. 6. In case the Contractor anticipates the employment of subcontractors, the Bid shall include an index with the scope of their duties (parts of the Public Procurement). 7. The Contractor shall sign and fill out the bid form together with annexes or submit a bid which corresponds to the content thereof, and may also sign and enclose a contract template, constituting an integral part of the SETCPP. 8. The Contractor shall attach all documents, declarations and annexes, as specified in the SETCPP, to the Bid. 9. The description of the Object of Public Procurement consistent with the wording of the Common Procurement Vocabulary (CPV) is as follows: CPV: spectrometers, analyzers of spectra, desktop computer, screen displays, control and testing apparatus, magnets, analytical or scientific software packages, software packages for PC operation systems. 1. A detailed description of the Object of Public Procurement including all the components of minimal parameters and technical and functional requirements, referring to the entire Object of Public Procurement, shall be as follows: 10.1 Resonant Gamma-ray Spectrometer with dual Multi-Channel Scalers, velocity transducer controller, USB interface to PC and Windows Data Acquisition software. Velocity reference waveform defined by PC ASCII file Velocity transducer. Non-linearity <0.1% for +/- 10 mm/s range Rail with source shield, sample mount and counter mount/shield. This hardware integrates with cryogenics Gamma-ray Spectrometer including HVPS, pre-amp., shaping amp., Multi Channel Analyser (10 bit, 5µs ADC), dual Single-Channel Analyzers, USB interface and Windows PC software for User interface Kr/Co2 Gas Proportional Counter (5 cm diameter tube with 2.54 cm dia. Side window) WMOSS type Mössbauer Spectral Analysis Software PC Windows 7 (at least two core processor, minimum 2.93 GHz, RAM 4 GB, hard disc 500 GB, LCD monitor ( 22 ), optical mouse and keyboard) Vertical Mössbauer Drive compatible with Mössbauer (enabling simultaneous cooling for a source and absorber) 10.9 Mössbauer Cryostat equipped with 9 T superconducting magnet consisting of the following components: Nonmagnetic stainless steel nitrogen shielded liquid helium research dewar with multi-layer super-insulation for efficient operation with a superconducting magnet. The dewar should have a nominal useful helium capacity of approx. bzp@uj.edu.pl Page 3 of 37

4 20 liters above the magnet, with static hold time > 65 hrs. The dewar should include bottom mylar windows at the outer bottom flange and aluminized mylar at the radiation shield A variable temperature insert with radiation baffles, a multi-pin electrical feedthrough, a fill and vent/quench relief port, and a sample tube, offering variable temperatures from 1.5 K K T vertical field superconducting magnet with homogeneity of ±1% over 1 cm sphere, and a cancellation coil to reduce the magnetic field to <100 Gauss, approx above the field center Line. The magnet should have a persistent current switch for operations at constant field in the persistent mode, with stability of 2.0E-05 parts/hr High efficiency vapor cooled superconducting magnet current leads that do not require a separate vent port at the top of cryostat. Electrical leads for the magnet voltage, persistent switch heater and liquid helium level sensor, helium fill& vent entrances, magnet quench relief port plus a temperature sensor AT the magnet to monitor its cool-down A liquid helium level sensor installed inside the dewar and wired to an external liquid helium level meter with digital readout& sample and hold (1min-99 hrs) high efficiency operation. RS-232 interface, LabView drivers, a sensor deice cycle, a two Line vacuum fluorescent display, a control output with low and high level indicators with an audible alarm and an adjustable current source. The meter must display the height in cm, inches or percent of total active length of sensor with a 1% accuracy PID automatic temperature controller with digital set point and readout, two heater outputs, two controls loops, IEEE-488 interfacing, with a two sensor input for operations with field independent Cernox, carbon Glass, carbon, and other cryogenic sensors Ultra-high stability bi-polar superconducting magnet power supply (0.005% per hour), with programmable field sweep capabilities and IEE-488 or RS-232 interface. Digital displays of magnet current(1 ma resolution), Magnetic field, set point and sweep rate (as low as 0.01A/sec) as well as magnet or power supply voltage, a built in persistent switch heater power source and a quench protection/ramp down circuit. The power supply is automatically configured to operate on 220V A liquid helium transfer Line with a flexible section Complete wiring, interfacing and testing of all components, including any thermometry, temperature controller, helium readout and magnet electronics. A final test with liquid helium, of the complete system to ensure trouble free operation Cryostat stand with radiation shielding Liquid nitrogen level controller with sensors, transfer line, solenoid actuated valve and pressure relief valve. bzp@uj.edu.pl Page 4 of 37

5 10.12 Rotary vane pump to purge sample chamber High vacuum pump station i.e. 70l/s turbo pump and controller, mechanical backing pump, Ganges, cart and all fittings necessary to connect to cryostat mci Co57/Rh Mössbauer Source n a low temperature holder The second Mössbauer Channel for velocity callibration that includes Gammaray spectrometer, Kr counter, 5 mci Co-57 source and hardware. The Purchaser s terms and conditions and additional information: a) The Bid shall be unambiguous and complex, i.e. it shall include all Public Procurement assortment, b) The price calculated by the Contractor shall include the costs of the delivery and installation of the devices, as well as staff training on the operation thereof, c) The Contractor undertakes to provide one-day staff training on the operation of the device (minimum 8 hours) for no less than three people at the Purchaser s premises. d) Safety marking the CE mark (the copies of the certificate or statement of conformity shall be delivered along with the Object of Public Procurement), e) The Purchaser requires that only brand new devices be offered. Requirements concerning a warranty: a) A warranty of no less than 12 months for each of the delivered devices forming the Object of the Public Procurement (counting from the date of its delivery for use that is from the date of installing, initiating and testing the Object of the Public Procurement) shall be required, b) The warranty shall be provided for, at the Purchaser s premises and at the Contractor s expense, by the producer of a given device, a service station or by persons with the producer s authorization, and should it prove impossible from the technical point of view, all organizational activities and costs shall be borne by the Contractor, c) The Contractor shall guarantee that a delivered product be of the highest quality, in accordance with the technical specification. The liability arising from the quality warranty shall include both defects resulting from reasons underlying in the Object of Public Procurement at the moment of its delivery by the Purchaser, as well any other material defects resulting from reasons that the Contractor is liable for, provided that the defects emerge within the warranty period, d) The running of the warranty period shall commence on a date that follows that of a technical acceptance of the subject of the contract, e) A response to the notification of a defect (undertaking an immediate repair of a defect by delegating a service technician, or providing a solution via telephone or e- mail) shall occur no later than 7 days after the date of notification of the defect (telephone notification) with the exemption of national holidays, f) A warranty repair shall be completed within a time limit not exceeding 14 days, counting from the date of the receipt of a notification by the service station (by phone, facsimile, or ). Should a need of bringing in specialist spare parts arise, bzp@uj.edu.pl Page 5 of 37

6 the time limit set forth above shall be no longer than 28 days, unless the Parties agree on a longer repair period, in accordance with a relevant necessity report signed by both Parties, g) The warranty shall be automatically extended by a period of repair, h) In case of a triple failure of the same element, the Contractor shall be obliged to replace the faulty element with a new one, i) Should the Contractor fail to abide by the warranty terms and conditions or the aforementioned provisions, the Purchaser shall be entitled to make good the defects by way of a repair at the Contractor`s risk and expense, while at the same time retaining other rights resulting from the Contract. In such cases the Purchaser shall have the right to employ another contractor to make good the defects, and the Contractor shall be obliged to cover the expenses arising therefrom within 14 days of the date of reception of the proof of payment. 10. The terms and conditions of the Public Procurement have also been contained in a contract template that constitutes an integral part of the SETCPP. 11. The original of the SETCPP, signed by duly authorized representatives of the Purchaser for and on its behalf, constitutes the basis for resolving probable disputes relating to or resulting from the content of this document. The original of the SETCPP shall also be available in paper form at the Purchaser s, as well as on the Purchaser s website: An electronic copy of the original of the SETCPP may be delivered to Contractors free of charge either via or on CD. It is also possible that, upon the request of Contractors, the Purchaser makes a paper copy of the original of the SETCPP and sends it over to them, which is payable. The Contractor shall pay only the dispatch costs, as the paper copy of the SETCPP is free of charge. 4) Lead time of the Public Procurement and Contract. 1. The Public Procurement and Contract shall be performed within 7 months, counting from the date of Contract award, i.e. from the date on which the Contract is signed. 2. The Purchaser allows for the possibility of early completion. 5) Terms and conditions of participation in the Tender Procedure and a description of the method of assessment of compliance therewith. 1. The Contractor shall have legal powers to perform specified business or activity leading to the completion of the Public Procurement, if required by the law. The assessment of compliance with the condition shall be performed by the 0 1 method, does / does not fulfill the condition, on the basis of a declaration enclosed to the bid, the draft of which has been attached as Annex No. 1 to bid form which constitutes an integral part of the SETCPP. 2. The Contractor shall possess relevant expertise and experience. The assessment of compliance with the condition shall be performed by the 0 1 method, does / does not fulfill the condition, on the basis of a declaration enclosed to the bid, the draft of which has been attached as Annex No. 1 to bid form which constitutes an integral part of the SETCPP. bzp@uj.edu.pl Page 6 of 37

7 3. The Contractor shall have relevant technical capacity. The assessment of compliance with the condition shall be performed by the 0 1 method, does / does not fulfill the condition, on the basis of a declaration enclosed to the bid, the draft of which has been attached as Annex No. 1 to bid form which constitutes an integral part of the SETCPP. 4. The Contractor shall have persons capable of performing the Public Procurement tasks at its disposal. The assessment of compliance with the condition shall be performed by the 0 1 method, does / does not fulfill the condition, on the basis of a declaration enclosed to the bid, the draft of which has been attached as Annex No. 1 to bid form which constitutes an integral part of the SETCPP. 5. The Contractor shall have economic and financial capacity to complete the Public Procurement. The assessment of compliance with the condition shall be performed by the 0 1 method, does / does not fulfill the condition, on the basis of a declaration enclosed to the bid, the draft of which has been attached as Annex No. 1 to bid form which constitutes an integral part of the SETCPP. 6) Documents and declarations required from Contractors as evidence that they have satisfied the participation requirements for the procurement procedure and that they are in none of the situations of exclusion. 1. In order to confirm the compliance with the conditions referred to in Article 22 paragraph 1 of the PPL, the Contractor shall submit: 1.1. a declaration that the requirements referred to in Article 22 paragraph 1 (1 4) of the Public Procurement Law have been met. 2. In order to attest that there is no legal basis to exclude the Contractor from the procurement procedure under circumstances referred to in Article 24 paragraph 1 of the PPL, the Contractor shall submit: 2.1. a declaration that there is no legal basis for exclusion from the procedure; 2.2. a valid (issued no earlier than 6 months before the deadline for submitting bids) extract from the relevant register, if such entry is required by other regulations; in order to confirm that there is no legal basis for exclusion from the procedure pursuant to Article 24 paragraph 1 (2) of the PPL. In case the bid is submitted by several entities acting jointly, this requirement shall apply to each one of them, however it shall not apply to individuals; 2.3. a valid (issued no earlier than 3 months before the deadline for submitting bids) extract from the relevant tax office authority confirming that the Contractor has no outstanding tax payments, that an exemption, deferment or the right to pay outstanding payments in installments, as provided for by the law, has been granted, or that the execution of a competent authority s decision has been suspended. In case the bid is submitted by several individuals or entities acting jointly, this requirement shall apply to each one of them; 2.4. a valid (issued no earlier than 3 months before the deadline for submitting bids) bzp@uj.edu.pl Page 7 of 37

8 extract from the relevant ZUS [Social Insurance Institution] or KRUS [Agricultural Social Insurance Fund] office certifying that the Contractor has no outstanding social and healthcare insurance payments, that an exemption, deferment or the right to pay outstanding payments in installments, as provided for by the law, has been granted, or that the execution of a competent authority s decision has been suspended. In case the bid is submitted by several individuals or entities acting jointly, this requirement shall apply to each one of them; 2.5. a valid extract from the National Criminal Register (issued no earlier than 6 months before the deadline for submitting bids) for each individual acting as Contractor and for all incumbent board members of legal entities concerned, in accordance with the provisions specified in Article 24, paragraph 1 (4 8) of the PPL. In case the bid is submitted by several individuals or entities acting jointly, this requirement shall apply to each one of them; 2.6. a valid extract from the National Criminal Register (issued no earlier than 6 months before the deadline for submitting bids) for each collective entity concerned, in accordance with the provisions specified in Article 24, paragraph 1 (9) of the PPL. In case the bid is submitted by several entities acting jointly, this requirement shall apply to each one of them. 3. If the Contractor s registered office is established in the Republic of Poland, then, if the persons referred to in Article 24, paragraph 1 (5 8) of the PPL are established outside the borders of the Republic of Poland, the Contractor shall, in accordance with relevant provisions, submit on their behalf a disclosure certificate issued no earlier than 6 months before the deadline for submitting bids by the competent judicial or administrative authority in their country of residence. Where the certificate is not issued in the country concerned, it must be replaced by a statement made before a notary, a relevant judicial or administrative authority, or a professional or commercial body in the country of residence of the persons concerned. 4. If the Contractor s place of residence or registered office is established outside the borders of the Republic of Poland, instead of the documents enumerated in paragraphs 6) 2.2 6) 2.4 and 6) 2.6 hereof, the Contractor shall provide a document or documents issued in its country of residence or the country in which its registered office is established, confirming that: 4.1. it is not in the process of liquidation or bankruptcy (issued no earlier that 6 months before the deadline for submitting bids); 4.2. it has no outstanding charges, tax, social and healthcare insurance payments, that an exemption, deferment or the right to pay outstanding payments in installments, as provided for by the law, has been granted, or that the execution of a competent authority s decision has been suspended (issued no earlier than 3 months before the deadline for submitting bids); 4.3. it was not excluded from the procurement procedure (issued no earlier than 6 months before the deadline for submitting bids) And, for the document required under paragraph 6) 2.5 hereof, it shall submit: bzp@uj.edu.pl Page 8 of 37

9 4.4. a certificate issued by a competent judicial or administrative body confirming the place of residence of the person concerned, in accordance with the provisions specified in Article 24, paragraph 1 (4 8) of the PPL (issued no earlier than 6 months before the deadline for submitting bids). In case the bid is proposed by several individuals or entities acting jointly, a complete set of documents shall be submitted by each one of them. 5. If the documents specified in subparagraphs 6) hereof are not issued in the country in which the Contractor resides, or in which its registered office is established, the Contractor shall replace them with a statement made before a notary, a relevant judicial or administrative authority, or a professional or commercial body in the country in which the Contractor resides or in which its registered office is established. 6. The documents referred to in paragraphs 6) 4. and 6) 5. shall be submitted as originals or copies translated into the Polish language and certified as conforming to the original by the Contractor. 7. If, instead of one of the documents referred to herein, the Contractor submits a copy, it shall certify that the copy conforms with the original. In case of several Contractors jointly applying for the award of the Contract and in case of entities granting access to their resources to the Contractor, the copies of documents referring respectively to the Contractors or such entities shall be certified as conforming to the originals by the Contractor or such entities. The Purchaser may request presentation of originals or notarized copies of documents (e.g. should the presented photocopies be illegible or raise doubts concerning their authenticity). 7) Information on how the Contractors shall communicate with the Purchaser, submit letters of declaration and documents; Contact Persons authorized to contact the Contractors. 1. It is allowed to communicate by exchanging registered letters, facsimiles, or s except for the bid which shall be submitted in the form of written originals, together with accompanying documents and letters of declaration, before the deadline referred to in Article 11) of the SETCPP. 2. Address and Contact Person: Mr. Wojciech Kochan, ul. Straszewskiego 25/9, Krakow; tel: ; fax: ; bzp@uj.edu.pl, Should the Purchaser or Contractor send any documents or information by facsimile or electronic mail, then each Party shall promptly acknowledge the receipt thereof upon request of the other Party. 4. A person duly authorized to contact the Contractors is: 4.1. As per formal and substantive scope: Mr. Wojciech Kochan, Mobile: ; tel ; fax: ; bzp@uj.edu.pl, Each Contractor may directly ask the Purchaser to clarify the content of the SETCPP, and the Purchaser shall provide an explanation immediately, on condition that such a request bzp@uj.edu.pl Page 9 of 37

10 is submitted with the Purchaser no later than until the end of the date on which half of the deadline for submitting bids elapses, however the explanation shall occur no later than: days before the deadline for submitting bids if the procurement value equals or exceeds the amounts specified in provisions issued on the basis of Article 11 paragraph 8, so-called EU thresholds ; days before the deadline for submitting bids in the limited tender and negotiations with announcement, if there is an urgent need of Contract award; days before the deadline for submitting bids if the procurement value is lower than the amounts specified in provisions issued on the basis of Article 11 paragraph 8, so-called EU thresholds. 6. Should a request for explanation of the content of the SETCPP be received after the deadline referred to in paragraph 7) 5 hereof or should it regard explanations that had already been provided, the Purchaser may provide explanations or leave the request without consideration. A possible extension of the deadline for submitting bids shall not affect the running of the request submission period. 7. At the same time, the Purchaser is obliged to send the content of explanations and / or questions and answers to all the Contractors who received the SETCPP and place them on the website where the SETCPP was provided, however without disclosing the source of the inquiry. 8. The Purchaser may call a meeting of all the Contractors in order to clarify doubts related to the content of the SETCPP. In this event, the Purchaser shall draw up an information sheet comprising all inquiries about the specification raised during the meeting and the relevant answers thereto, without disclosing the sources thereof. The information sheet drawn up during the meeting shall be promptly sent to Contractors who received the SETCPP and shall be placed on the website where the SETCPP was provided. 9. In justified cases, the Purchaser may modify the content of the SETCPP anytime prior to the deadline for submitting bids. Any modification to the SETCPP shall be promptly distributed among the Contractors who received the SETCPP, and if the SETCPP was made available on the website, should be placed there as well. 10. Should any change incorporated in the content of SETCPP while conducting the open tender procedure cause the content of the public procurement notice to change, the Purchaser shall: publish an announcement about the change to the public procurement notice in the Public Procurement Bulletin, if the procurement value is lower than the amounts specified in provisions issued on the basis of Article 11 paragraph 8, so-called EU thresholds ; provide the Office for Official Publications of the European Communities with an electronic announcement containing additional information, information of incomplete Tender Procedure, or corrections, in accordance with the form and procedures specified on the website named in the respective Directive, in case the Public Procurement value equals or exceeds the amounts specified in provisions issued on the basis of Article 11 paragraph 8, so-called EU thresholds ; bzp@uj.edu.pl Page 10 of 37

11 11. Without prejudice to the exceptions provided for by the Act, it is inadmissible to introduce amendments to the content of the specification of essential terms and conditions of the Public Procurement after the deadline for submitting applications for admission to participation in the limited tender as well as in the negotiations with announcement that lead to an alteration of content of the public procurement notice. 12. Should, as a consequence of an amendment to the specification of essential terms and conditions of the Public Procurement that does not lead to an amendment of content of the public procurement notice a need of an additional period of time for an introduction of alterations in bids arise, the Purchaser shall extend the deadline for submitting bids, notify the Contractors who have already received the SETCPP, and if the SETCPP was made available on the website, publish this information on the same as well. 13. The Purchaser shall promptly notify all the Contractors who have already received the SETCPP about the extension of the deadline for submitting bids, and publish this information on the website where the SETCPP was provided. 14. In case of an alteration to the content of the public procurement notice, featured in the Public Procurement Bulletin or published in the Official Journal of the European Union, the Purchaser shall extend the deadline for submitting applications for admission to participation in the procedure or a deadline for submitting bids by the period which is necessary to introduce alterations in applications or bids, should it prove necessary. However, should such an alteration be essential, particularly where it concerns a description of the Object, size or scope of the Public Procurement, bid evaluation criteria, terms and conditions of participation in the procedure or a method of compliance assessment, the Purchaser shall extend the deadline for submitting applications for admission to participation in the procedure or the deadline for submitting bids by the period necessary to introduce alterations in applications or bids however in the proceedings with a value equal to or exceeding the amounts specified in provisions issued on the basis of Art. 11 paragraph 8, so-called EU thresholds, the deadline: for submitting bids shall not be shorter than 22 days of the date on which an amendment to the notice is handed down to the Publications Office of the European Union in the open tender procedure; 14.2 for submitting applications for participation in the procedure shall not be shorter than 30 days, and should an urgent need of Contract award arise not shorter than 10 days of the date on which an amendment to the notice is handed down to the Publications Office of the European Union in the limited tender or in the negotiations with announcement procedure. 15. Immediately upon publishing an amendment to the content of the Public Procurement notice in the Public Procurement Bulletin or after handing it down to the Publications Office of the European Union, the Purchaser shall publish the information about amendments at its registered office as well as on its official website. 8) Requirements Regarding a Bid Bond. 1. Not later than on the date of submitting bids, before the deadline for submitting bids, the Contractor shall lodge a bid bond in the amount of PLN 10, (say: ten thousand bzp@uj.edu.pl Page 11 of 37

12 Polish zloty). 2. The bid bond may be lodged in one or several of the following forms: 2.1 cash; 2.2 bank or savings and loan cooperative societies [spółdzielcza kasa oszczędnościowo-kredytowa] sureties; the latter always regarded as cash surety; 2.3 bank guarantees; 2.4 insurance guarantees; 2.5 sureties granted by entities specified in Article 6 paragraph 5 (2b) of the Act of 9 November 2000 on the establishment of the Polish Agency for Enterprise Development (Polish Journal of Laws No. 109 item 1158, as amended). 3. The bid bond in cash shall be lodged by means of a bank transfer to a following bank account of the Purchaser; IBAN: PL , SWIFT: PKO PP LPW. 4. The Purchaser shall return the bid bonds to all Contractors, with the exception of the bid bond of the successful Contractor, immediately upon the selection of the best Bid or the invalidation of procurement procedure. The bid bond shall be returned to the successful Contractor immediately after the procurement Contract is made, and upon payment of the security deposit for the performance of the Contract, if such a deposit was requested. 5. The Purchaser shall immediately return the bid bond upon request of the Contractor who withdraws the bid before the deadline for submitting bids. 6. The Purchaser shall request the Contractor to whom the bid bond has been returned to pay the bid bond again if, following the examination of its appeal, its bid is selected as the best Bid; the contractor shall pay the bid bond within the time limit defined by the Purchaser. 7. If the bid bond is lodged in cash, it shall be returned along with the interest resulting from the bank account agreement, where it was kept, reduced by the cost of keeping the bank account and a commission charged by the bank for the money transfer to the bank account indicated by the Contractor. 8. The Purchaser shall keep the bid bond amount along with the accrued interest, if: 8.1 the Contractor whose bid is chosen refuses to sign a Contract on performance of the Public Procurement on conditions specified in the Bid; 8.2 the Contractor whose bid is chosen fails to lodge a required surety of the proper performance of the Contract; 8.3 the execution of the Contract on performance of the Public Procurement becomes impossible due to reasons attributable to the Contractor; 8.4 the Contractor, in response to a call referred to in Article 26 paragraph 3 of the PPL, fails to submit the documents or declarations, referred to in Article 25 paragraph 1 of the PPL, or powers of attorney, unless the Contractor proves that the above situation results from reasons not attributable to the Contractor. 9. If the bid bond is lodged in cash, a copy of the bank transfer, certified as conforming to the original by the Contractor, shall be enclosed to the Bid, and if the bid bond is lodged in other form than pecuniary, the original proof that it was lodged must be filed along with a Bid in such a way that in case the Contractor should demand that it be returned, an bzp@uj.edu.pl Page 12 of 37

13 original may be filed in a separate envelope. In such a case a photocopy of the proof, certified as conforming to the original, shall be attached to the bid. 9) Bid Validity Period. 1. The bids shall remain valid for a period of 30 days. 2. The Contractor may, individually or on request of the Purchaser, extend the bid validity period, however the Purchaser may only once and no later than 3 days prior to the expiry of the bid validity period, ask the Contractors for consent to an extension of this period by a definite period, which shall not exceed 60 days. 3. It is permissible to extend the bid validity period, provided that the validity of the bid bond is likewise extended or, failing that, provided that another bid bond is paid for the duration of the extended bid validity period. Where the validity period is extended after the successful bid is selected, only the chosen Contractor is subject to the renewed payment or extension of the bid bond. 4. The bid validity period commences upon the deadline for submitting bids and opening the bids. 10) Preparation of bids. 1. Each Contractor is entitled to submit only one bid that shall cover the whole of the Object of Public Procurement, and shall include a calculation of a lump price for the whole of the Object of the Public Procurement. 2. The Contractor shall be obliged to lodge a bid bond, and submit the proof along with the Bid. 3. The Contractor shall enclose a calculation of a lump price performed on the basis of individual calculations by the Contractor, taking into account the requirements and provisions hereof, as well as the Contractor s professional experience with reference to the whole of the Public Procurement. 4. The Contractor shall enclose detailed technical and / or functional specifications, or producer s catalogues, which will allow for the assessment of compliance of the offered elements and devices and their specifications with the requirements of the SETCPP (an English version of the aforementioned documents shall be acceptable). 5. The Contractor shall enclose a filled out and signed bid form together with Annexes 1 to 4, including declarations and indices confirming compliance with the conditions of tender procedure described in Article 5) herein, and not specified in Article 6) herein (filled out or drawn up in accordance with their content; a contract template may also be signed and enclosed in the Bid). 6. In case of any required documents confirming professional experience in the field of works, services or deliveries, their indices, information from the insurer, bank or savings and loan cooperative society [spółdzielcza kasa oszczędnościowo-kredytowa] that keeps the Contractor s account, confirming the Contractor s funds or credit worthiness, issued in foreign currency (not PLN), the indicated amounts shall be calculated for the purposes of compliance assessment according to the average PLN exchange rate for such a currency, announced by the National Bank of Poland on the date on which the bids are open. bzp@uj.edu.pl Page 13 of 37

14 7. The Contractor may rely upon expertise and experience, technical capacity, persons capable of performing the Public Procurement tasks or financial capacity of other entities, notwithstanding the legal nature of its relationship therewith. Such a situation requires that the Contractor proves to the Purchaser that its resources are sufficient to complete the Public Procurement, particularly by presenting written statements in which such entities undertake to supply the Contractor with the necessary resources for the period of the use thereof in the completion of the Public Procurement. 8. Should the bid be signed by a proxy, the Contractor shall enclose the power of attorney, in form of an original, notarised copy or copy certified as conforming to the original by authorised persons, also in the event that the bid is placed by entities acting jointly, i.e. consortium partners. 9. It is allowed that one bid is submitted by two or more entities, provided that such a joint bid complies with the following requirements: 9.1. The Contractors who act jointly shall appoint a proxy who shall represent them during the Tender procedure or to represent them in the procedure and sign a Contract on Public Procurement. The authorization of such a representative shall be documented by a power of attorney signed by the duly authorized representatives of all Contractors acting jointly, and may result from a relevant contract attached to the bid. 10. The Bid and all the Annexes attached thereto and constituting its integral part shall be drawn up by the Contractor as stipulated by the provisions set forth in this SETCPP. 11. The Bid shall be prepared according to the content of a Bid Form and of Bid Form Annexes, featured herein. 12. The Contractor shall attach a set of documents and statements to its Bid, as well as all other information as required by the provisions under the present SETCPP. 13. The Bid shall be written in Polish or English language, typed on a computer, typewritten or written by hand in a legible manner. 14. It is recommended that each side of each sheet of the Bid and Annexes thereto be signed by a person or persons duly authorized by the Contractor to make declarations of will for and on its behalf. In addition to a signature (signatures), a company stamp and name stamp of the Contractor or a legible signature shall also be placed at least on the Bid Form and Annexes (Letters of Declaration) thereto, as well as on copies of documents certified as conforming to the originals. The following persons are deemed to be legally authorized to make declarations of will for and on behalf of the Contractors: persons as entered in the commercial registers, registers of cooperatives or registers of state-owned enterprises, foundations, associations, etc., kept by courts; persons as named in the certificates of entry in the records of business activity; persons duly appointed by force of a power of attorney granted by the aforementioned persons; should a Bid be signed by a representative of the Contractor, a due power of attorney shall be attached to the Bid; in case the Bid is submitted by a consortium, i.e. by Contractors jointly seeking the Contract award, the Contractors shall be obliged to submit an applicable power(s) bzp@uj.edu.pl Page 14 of 37

15 of attorney, granted to them by all other partners or members of the consortium, or a relevant contract in case the registered offices of Contractors are established abroad, the authorized persons are the ones appointed in accordance with documents of the issuing state in which the Contractor is seated or has its permanent residency. 15. It is recommended that all sheets of the Bid and the Annexes thereto be explicitly numbered and bound together so as to prevent single sheets from slipping out. The Contractor shall also draw up a Table of Contents and attach it to the Bid. 16. Any corrections or amendments to the text of the Bid shall be signed by a person or persons, who signs the Bid, and provided with dates on which they were made. 17. The Contractor shall bear all costs related to the preparation and submission of the Bid. 11) Address and Deadline for Submitting Bids; Bid Opening. 1. The bids shall be submitted to the Public Procurement Office of the Jagiellonian University in Krakow, at ul. Straszewskiego 25/9, 4 th floor, Krakow, until 12 pm on 17 June Any bid received after the deadline for submitting bids shall be returned unopened to the Contractor once the deadline for appeal in procedures exceeding EU thresholds expires. 3. The Contractor shall place its Bid in an envelope addressed to the Purchaser at the address specified in paragraph 11) 1 hereof. The envelope shall bear the following note: Bid for the delivery of a Mössbauer Spectrometr System with accessories, within ATOMIN project, for the Faculty of Physics, Astronomy and Applied Computer Science, Jagiellonian University in Krakow, Please do not open before 17 June 2010, 12:05 pm. The Contractor s address stamp shall also be placed on the envelope. 4. The Contractor may modify or withdraw its Bid after it has already been submitted, provided that a written notification of the modification or withdrawal is received by the Purchaser prior to the deadline for submitting bids. 5. The Contractor shall not modify or withdraw its Bid after the deadline for submitting bids. 6. The Purchaser shall publicly open the bids at 12:05 pm on 17 June 2010, at the Public Procurement Office of the Jagiellonian University in Krakow, ul. Straszewskiego 25/9, 4 th floor, Krakow. 7. Directly before the opening of bids, the Purchaser shall make known the amount planned to finance the Object of the Public Procurement. 8. During the opening of the bids, the Purchaser will announce the names (companies) and addresses of Contractors, as well as bid price, period of completion of the Contract, warranty period, and terms and conditions of payment, contained in particular bids. 9. The Purchaser shall promptly pass the information referred to in paragraphs 11) 7 and 11) 8 hereof to those Contractors, who were absent during the opening of the bids, upon their request. bzp@uj.edu.pl Page 15 of 37

16 10. Whilst examining and evaluating the bids, the Purchaser shall be entitled to require that the Contractors provide explanations to the contents of their bids submitted. 11. The Purchaser shall correct in the content of bids any obvious misprints and computational errors together with the computational consequences of the corrections made, as well as other errors consisting in non-compliance of the Bid with the provisions of the SETCPP. Any amendments made by the Purchaser shall not cause any significant changes to the content of the bids. The Purchaser shall promptly notify the Contractor whose Bid was corrected. 12. The Purchaser shall exclude a Contractor should any of the circumstances as set forth in Article 24 paragraph 1 and 2 of the PPL occur. 13. The Purchaser shall reject any bid should of any of the circumstances provided in Article 89, paragraph 1 (1 8) of the PPL occur. 14. The Purchaser shall cancel the Contract Award Procedure should any circumstance set forth in Article 93 paragraph 1 (1 7) of the PPL occur. 15. The Purchaser shall simultaneously notify all the Contractors of the exclusion of any Contractor, rejection of particular bids, cancellation of the contract award procedure, or of the selection of the best Bid, always specifying the factual and legal grounds for its decision. 16. Immediately upon the selection of the best Bid, the Purchaser shall place the information referred to in paragraph 11) 15 hereof on its website and in a publicly accessible place on its premises. 12) Description of a Bid Price Calculation Method. 1. The Lump Sum of the Bid shall be expressed in Polish zloty (PLN), United States dollar (USD) or EURO (EUR) currency and calculated on the basis of individual calculation of each Contractor with respect to the entire Public Procurement, taking into account the experience and expertise of the Contractor, as well as all costs that are necessary for the completion of the Public Procurement (packaging, transport, insurance), taxes, custom duties, and discounts that the Contractor envisages to grant. 2. The Lump Sum of the Bid calculated on the basis of the individual calculation of the Contractor shall be tantamount to the Bid Price provided for by the Contractor in the Bid Form with regard to the entire Public Procurement respectively. 3. While individually calculating the Total Lump Sum Price of the Bid, the Contractor shall specify both net value (values) of a unit and that of the total; indicate a rate (rates) and an amount (amounts) of the VAT tax due or its value expressed in per cents; as well as gross value (values) of a unit and total gross value respectively for the particular devices (elements), including separate calculations and indications for the desktop computer set, screen display and software. Contractors registered outside of the Republic of Poland may present only net values without the VAT. 4. For the sake of evaluation and comparison of bids in case of bids from Contractors registered outside of the Republic of Poland, the Purchaser shall add to the prices that were put forward a VAT that it is required to pay pursuant to applicable law. bzp@uj.edu.pl Page 16 of 37

17 5. The Purchaser does not envisage valorisation of the Bid Price, and the calculated price of the Bid shall be deemed the Lump Sum Price for the whole of the Object of Public Procurement. 6. It is envisaged that the settlement shall be effected on the basis of three invoices, namely: a) first one (advance, pro forma), issued once the Contract is signed, for no more than 20% of the value of the Public Procurement, which shall be serviced to the Purchaser together with an irrevocable and unconditional bank guarantee or insurance payment in the amount equal to the one on the invoice, valid for a period exceeding the date on which the Public Procurement is completed by no less than 30 days. b) second one, issued once all elements forming the Object of Public Procurement are delivered, accounting for no more than 70% of the Public Procurement value. c) third one, issued once the whole of the Public Procurement is completed and accepted, accounting for the remaining payment, however, d) if mutually agreed by the Parties, it is allowed not to issue the first invoice (advance, pro forma), and settle payments on the basis of two invoices, one issued for no more than 90% of the value of the Public Procurement once all elements forming the Object of Public Procurement are delivered, and second one, accounting for the remaining payment, and issued once the whole of the Public Procurement is completed and accepted, e) if mutually agreed by the Parties, it is allowed not to issue the second invoice, and settle payments on the basis of two invoices, one issued once the Contract is signed, for no more than 50% of the value of the Public Procurement, which shall be serviced to the Purchaser together with an irrevocable and unconditional bank guarantee or insurance payment in the amount equal to the one on the invoice, valid for a period exceeding the date on which the Public Procurement is completed by no less than 30 days, and second one, accounting for the remaining payment, and issued once the whole of the Public Procurement is completed and accepted, f) it is allowed to settle payment on the basis of one invoice, once the whole of the Public Procurement is delivered. 7. The payment shall be made in accordance with the Contract and Bid of the Contractor, within 30 days of the date of the delivery of invoices and Public Procurement, and of signing the partial and final acceptance protocols. 8. The Purchaser informs that it shall apply for confirmation that it is an educational institution entitled to 0% VAT for the elements of the Object of Public Procurement, i.e. computer set, screen display and software; however the bid price shall be presented together with the indication and calculation of applicable taxes. 13) Description of criteria that the Purchaser shall follow in the selection of a bid with their relevance and methods of bid evaluation. 1. On the basis of the evaluation criteria as specified under the SETCPP, the Purchaser shall select the best bid from among all valid and eligible bids submitted (that is from bids submitted by the Contractors that were not excluded nor rejected). bzp@uj.edu.pl Page 17 of 37