NATIONAL BANK OF SERBIA

Transcription

1 NATIONAL BANK OF SERBIA TENDER DOCUMENTS PUBLIC PROCUREMENT PP 180/2017 Belgrade, October 2017 Page 1 of 43

2 Pursuant to Article 61 of the Law on Public Procurement (RS Official Gazette No 124/2012, 14/2015 and 68/2015, hereinafter LPP) and Article 2 of the Rules on Mandatory Elements of Tender Documents in Public Procurement Procedure and on Manner of Proving Fulfilment of Requirements (RS Official Gazette No 86/2015), Article 40 of the Rulebook on Procurements in the National Bank of Serbia (G No 1545 dated 13 March 2014, G No 5808 dated 4 August 2014, G No 7575 dated 12 October 2015, G No 9906 dated 30 December 2016 and G No 8246 dated 29 September 2017), Decisions on Initiating Public Procurement Procedure (G No 7986 dated 22 September 2017 and G No 8644 dated 9 October 2017) and Decree on Formation of Public Procurement Committee (G No 7987 dated 22 September 2017), it was prepared as follows: TENDER DOCUMENTS for the public procurement of goods Tender Documents comprise: 1 GENERAL PROCUREMENT DATA TYPE, TECHNICAL CHARACTERISTICS, QUALITY, QUANTITY AND DESCRIPTION OF THE REQUIRED GOODS TECHNICAL SPECIFICATION LIST OF REQUIREMENTS FOR PARTICIPATION IN PP STIPULATED IN ARTICLES 75 AND 76 OF THE LPP AND INSTRUCTIONS ON PROVING FULFILLMENT OF THE REQUIREMENTS CRITERION FOR CONTRACT AWARDING TEMPLATES INTEGRAL TO THE BID MODEL CONTRACT INSTRUCTIONS TO BIDDERS ON BID PREPARATION AGREEMENT BINDING THE GROUP OF BIDDERS MUTUALLY AND TOWARDS THE CONTRACTING AUTHORITY TO EXECUTE THE PUBLIC PROCUREMENT 42 Committee: 1. Katarina Lazarević Todorović, Member Jasmina Radulović, Alternate 2. Gordana Čolić, Member Nada Širko, Alternate 3. Aleksandar Stamenković, Member Nataša Jokić, Alternate 4. Darko Vasić, Member Đorđe Aranđelović, Alternate Page 2 of 43

3 1 GENERAL PROCUREMENT DATA 1.1. Contracting authority data: Name Address Website National Bank of Serbia 12 Kralja Petra Street, Belgrade Public procurement type: Open procedure Public procurement subject: Lot description: The subject procurement is not divided in lots This is not a reserved public procurement procedure There is no electronic auction The subject procedure is not conducted for the conclusion of a framework agreement, but for the conclusion of a contract Contact: javne.nabavke@nbs.rs every workday (Mon-Fri) from 7:30 to 16:30. Page 3 of 43

4 2 TYPE, TECHNICAL CHARACTERISTICS, QUALITY, QUANTITY AND DESCRIPTION OF THE REQUIRED GOODS 2.1. TYPE OF GOODS: Procurement of goods TECHNICAL CHARACTERISTICS: As given in Chapter 3 of the Tender Documents QUALITY: In conformity with the requirements listed in the Technical Specification QUANTITY AND DESCRIPTION OF GOODS: In conformity with the requirements listed in the Technical Specification QUALITY CONTROL AND ASSURANCE: Quality check of the delivered goods shall be executed by the Buyer s relevant organisational unit from the Institute for Manufacturing Banknotes and Coins Topčider: Securities and Safety Paper Department DELIVERY TERM: In conformity with the bid DELIVERY LOCATION: Institute for Manufacturing Banknotes and Coins Topčider, 2 Pionirska Street, Belgrade. Page 4 of 43

5 Control label dimensions: 30 х 18 mm, with round edges 3 TECHNICAL SPECIFICATION SUBJECT: OUTER PACKAGING CONTROL LABELS FOR HUMAN DRUGS Substrate: Shiny, wood-free, supercalendered self-adhesive white paper Grammage: 65 g/m 2 Thickness: mm Glue type: Permanent, with good adhesion on non-polar surfaces, wavy cardboard and curvy surfaces Water-proof Composition: gummed-hotmelt Glue-application mass: 22 g/m 2 Application temperature: 5 0 С minimum Servicing temperature: С tо С Technical characteristics: Stickiness measuring by loop method (FTM 9): 16 N Removal resistance from standard surface (FTM 8): 16.0 h Modified stickiness measuring by loop method PE looptack min (Modified FTM 9): 12 N Basic material siliconised paper: Paper, silicon-coated on one side Grammage: 62 g/m 2 Thickness: mm Print: In two colours, red (PMS193C) and blue (287С) on white surface, with the following text: - Република Србија white letters on red background - Министарство здравља ALIMS (abbreviation for the Medicines and Medical Devices Agency of Serbia/Агенција за лекове и медицинска средства Србије) white letters on blue background White background should be suitable for the following printing techniques: flexo, offset, ink jet, thermotransfer, hot stamping foil. Safety-features: Hologram: OVD element in the form of a strip, with transformation of the picture form and colour depending on the viewing angle, silver, metalized, applied along the shorter label side (dimensions 6 х 18 mm). Tailor-cut hologram with the symbols of the Ministry of Health of the Republic of Serbia for human drugs control labels, with integrated first level of safety (visible one), second level of safety (hidden one) and third level of safety (forensic one). Т perforations/die cuttings: Т perforations/die cuttings according the picture below results in the inability of mechanical manipulation by the applied label. Page 5 of 43

6 Final processing: Labels should be on white, siliconised paper base, wound in rolls with longer side of the label as the leading one in unwinding direction; control labels per roll positioned in five rows one next to other; total width of the basic paper approx. 170 mm with separation line between the labels in unwinding direction approx. 3.2 mm; outer roll diameter approx. 470 mm; core base diameter Ø 120 mm. (lay-out given below). Storage conditions: Temperature: 20 0 С С Relative humidity: % Without direct exposure to light, heat, any kind of pressure. If storing conditions have been observed, the warranty of the label producer shall be 1 year minimum. The lay-out of the roll and of separate labels with positions, dimensions, allowed deviations, label positions relative to the unwinding direction of the roll is given below the text. Packaging: The successful bidder shall be obliged not to allow exposure of the material to the temperatures higher than 25 degrees during transport. Each roll should be packed in the following way: - outer packaging: wavy cardboard box, five-layer corrugated minimum; - internal packaging: should include cardboard separators which should prevent roll movements during transport, and thus their potential physical damaging; - labels should be protected from the external contamination during transport (e.g. packaging foil); - each roll should have a sticker with product name and jumbo roll code (batch number), out of which the delivered rolls of labels were made in the later conversion process. Delivery schedule: Four deliveries are planned: in labels and in 2018 three successive deliveries in the total amount of labels. The Institute for Manufacturing Banknotes and Coins retains the right to change the delivery schedule in agreement with the supplier, if the demand for control labels for outer packaging of human drugs should change and due to unplanned circumstances. Note: The labels should be printed, should include an applied OVD element (optical, variable, diffractive) and safety label-perforations (as per the enclosed picture). The successful bidder shall be obliged to deliver 10 sheets of A4 format out of each jumbo roll specified by a separate code batch number (out of which smaller rolls of labels were made), for intake control to be executed by the Institute. Outer packaging control labels for human drugs must be manufactured and issued by the organisation which provides a full protection system, which is also applied in the production of other protected products, in conformity with the international standard of security printing management ISO 14298, or it must possess appropriate confirmation from the European Central Bank, comprising the top safety and security measures starting from the procurement of the intaking materials, their processing during the production, waste management up to the delivery of the finished protected product. Page 6 of 43

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8 4 LIST OF REQUIREMENTS SET DOWN IN ARTICLES 75 AND 76 OF THE LPP AND INSTRUCTIONS ON PROVING FULFILLMENT OF THE REQUIREMENTS Table 1 No Requirements and Evidence on fulfilling the requirements 1 2 That the bidder is registered with the competent authority i.e. entered into the appropriate business register. Evidence: Legal entities and entrepreneurs: certificate issued by the competent register of companies Business Registers Agency. Physical entities: / Foreign bidder: certificate issued by the competent body. That the bidder and its legal representative have not been convicted for any criminal act as members of an organized criminal group; that it has not been convicted for commercial criminal offence, criminal offence against environment, criminal offence of receiving or offering bribe, criminal offence of fraud. Evidence: Legal entities: - for organised crime acts: certificate issued by a special department (in charge of organised-crime combat) of the High Court in Belgrade, 29 Ustanicka Street, Belgrade, stating that the bidder has not been convicted for any criminal act relating to organised crime; - for commercial criminal offence, criminal offence against environment, criminal offence of receiving or offering bribe, criminal offence of fraud: certificate issued by a Basic Court (comprising data from the criminal records of the High Court criminal offence department) in whose territory the headquarters of the local legal entity or its Branch is located, stating that the bidder has not been convicted for commercial criminal offence, criminal offence against environment, criminal offence of receiving or offering bribe, criminal offence of fraud; Note: if the certificate of the Basic Court does not include data from the criminal records of the High Court criminal offence department, the bidder should submit both the certificate of the Basic Court and the certificate of the High Court. Legal representatives of legal entities: - certificate based on criminal records, issued by the authorised police department of the Ministry of Internal Affairs (depending on the respective birth place or residence location), certifying that the legal representative has not been convicted for commercial criminal offence, criminal offence against environment, criminal offence of receiving or offering bribe, criminal offence of fraud. Entrepreneurs and physical entities: - certificate based on criminal records, issued by the authorised police department of the Ministry of Internal Affairs (depending on the respective birth place or residence location), certifying that the entrepreneur/physical entity has not been convicted for commercial criminal offence, criminal offence against environment, criminal offence of receiving or offering bribe, criminal offence of fraud. NOTE: If there are more legal representatives, these certificates should be submitted for each of them. Foreign bidder: Adequate evidence showing the fulfilment of the requirements. (Evidence must be issued maximum 2 months prior to bid opening) Page 8 of 43

9 3 4 5 That the bidder has settled due taxes, contributions and other forms of public taxation in accordance with the regulation of the Republic of Serbia or a foreign state where its headquarters is located. Evidence: Legal entities and entrepreneurs: - certificate issued by the Tax Administration of the Ministry of Finance of the Republic of Serbia (for taxes, contributions and other forms of public taxation) and - certificate issued by the local self-government unit city/municipality (for local public income), OR - certificate issued by the respective authority stating that the bidder is in privatisation process. Physical entities: - certificate issued by the Tax Administration of the Ministry of Finance of the Republic of Serbia (for taxes, contributions and other forms of public taxation) AND - certificate issued by the local self-government unit city/municipality (for local public income). Foreign bidder: - adequate evidence showing the fulfilment of the requirements. (Evidence must be issued maximum 2 months prior to bid opening) That the bidder has observed the obligations deriving from the current regulations regarding safety at work, employment and working conditions, protection of environment, as well as that it has not been prohibited from performing economic activity at the time of submitting the bid. Evidence: Template for declaration of observing current regulations (signed and stamped, Chapter 6.3). That the bidder possesses the necessary business capacity that the bidder has an authorisation of the manufacturer to sell the goods it is offering. Evidence: The authorisation (contract or the similar) of the manufacturer or of the authorised distributor (in Serbian or in English) that the bidder is the authorised seller of the manufacturer whose goods it is offering. (If the bidder submits the confirmation contract or the similar of the authorised distributor, it is also necessary to submit the confirmation contract or the similar whereby it shall prove the status of the authorised seller or the distributor). Table 2 List of other mandatory documents and templates to be submitted along with the bid: 1 Bid template (completed, signed and stamped), with enclosures (Chapter 6.1) 2 Model contract (completed, signed and stamped, for each lot separately, Chapter 7) 3 Template for declaration of independent bid (signed and stamped, Chapter 6.2) Producer s documents relating to the offered goods (producer s catalogue, producer s certificate and the similar papers) which include technical description of the offered goods or the name of the producer s official webpage where technical characteristics of the offered goods can be seen. Technical characteristics of the offered goods which have been listed, signed and stamped by the 4 bidder shall not be accepted, unless the bidder is also the producer of the goods. NOTE: If the submitted documents or the stated official website of the producer do not clearly show if there exists their conformity with the required characteristics, the contracting authority shall retain the right to address the bidder and require additional explanations thereon, with submission of an adequate proof issued by the producer. Page 9 of 43

10 Outer packaging control labels for human drugs must be manufactured and issued by the organisation which provides a full protection system, which is also applied in the production of other protected products, in conformity with the international standard of security printing management ISO 14298, or it must possess appropriate certificate from the European Central Bank, comprising the top safety and security measures starting from the procurement of the 5 intaking materials, their processing during the production, waste management up to the delivery of the finished protected product. Evidence: Copy of the valid certificate ISO 14298, or the appropriate certificate from the European Central Bank. 6 Samples in conformity with item 8.19 of the Tender Documents. 7 Template for declaration of legal representatives (signed and stamped, Chapter 6.5) Agreement made in the manner stipulated by Article 81 of the LPP (if the bidder acts as a group 8 of bidders the Agreement Model has been given in Chapter 9). NOTES: 1. If the bid is submitted together with a subcontractor: The bidder shall submit evidence for the subcontractor(s) on the fulfilment of the requirements stipulated in Chapter 4, Table 1, items 1 to 4. As for the additional requirement regarding the business capacity the bidder should meet it independently. 2. If the bid is submitted by a group of bidders: Each of the bidders from the group of bidders must fulfil the mandatory requirements stipulated in Chapter 4, Table 1, items 1 to 4, by submitting evidence stipulated by the Tender Documents (Chapter 4, items 1 to 4). As for the additional requirement regarding the business capacity the bidders should meet it jointly, so that for the requirements from item 5 of Chapter 4, the evidence could be submitted for one bidder or more bidders from the group of bidders. Evidence on the fulfilment of the requirements referred to in Article 75 of the LPP can be submitted in copies which need not be certified. The bidder shall not provide items of evidence which are publicly available on websites of competent bodies (e.g. registration data at the Business Registers Agency). Pursuant to Article 78, paragraph 5 of the LPP, the bidder/subcontractor registered in the Register of Bidders shall not be obliged to submit evidence on the fulfilment of the mandatory requirements stipulated by Table 1, items 1 to 3. The Committee shall check the Register of Bidders to find out if the bidder has been registered with the Register. If the state where the bidder has registered seat does not issue the evidence referred to in Article 77 of LPP, the bidder can submit instead of these items of evidence its own written declaration given under full financial and criminal liability, certified/stamped in court or other administrative body, public notary or other competent body of that state. Where bidder has registered seat in another state, contracting authority may verify whether documents by which bidder proves fulfilment of requested requirements were issued by competent authorities of that state, in conformity with Article 79, paragraph 8 of the LPP. The bidder shall inform the National Bank of Serbia immediately, without any delay and in writing about any change of any data it is proving related to the public procurement procedure, should this change take place prior to the contract awarding decision, or contract conclusion or during the validity term of the contract, as well as to provide the supporting documents for such a change. Page 10 of 43

11 5 CRITERION FOR CONTRACT AWARDING 5.1. CRITERION The selection amongst the appropriate and acceptable bids shall be made by the implementing the criterion of the lowest price offered TWO OR MORE BIDS WITH EQUAL OFFERED PRICE If two or more bids have the same, lowest price offered, the contract shall be awarded to the bidder which offered the shortest delivery term for If the same delivery term has been offered for the delivery in 2017, the contract shall be awarded to the bidder which offered the shortest delivery term for the delivery terms I, II and III in If the same first delivery term has been offered for the delivery terms I, II and III in 2018, the contract shall be awarded to the bidder which offered the longest warranty term. If the same warranty term has been offered, the contract shall be awarded to the bidder which offered the longest payment term. If even after the implementation of all the additional criterion elements two or more bids turn out to be equal in all aspects, the contract shall be awarded by drawing lots. The Committee for the public procurement shall set the venue and time of drawing lots and invite bidders authorised representatives to attend the procedure. At the drawing, the bidders representatives shall enter bidders names on separate pieces of paper. The members of the Committee in charge of the subject public procurement shall give the representatives identical envelopes into which the bidder s representatives shall put the papers with names. The envelopes shall be stirred manually in front of the bidders, and the selection of the bidders shall be executed randomly, and the bid ranking shall be made according to the order of drawing. Thereof the Minutes of Drawing Procedure in PP 180/2017 shall be made. Should any of the invited bidders fail to respond to the invitation to attend the drawing procedure, the Committee members shall in front of the present bidders representatives put into empty envelopes the respective pieces of paper with the names of the absent bidders and these envelops shall as well be in the drawing procedure together with the envelopes of the present bidders representatives. The same procedure shall be implemented if no bidders representatives attend the drawing procedure.. Page 11 of 43

12 6 TEMPLATES INTEGRAL TO THE BID - Bid template (Chapter 6.1) - Template for declaration of independent bid (Chapter 6.2) - Template for declaration of observing current regulations (Chapter 6.3) - Template for declaration of expenses incurred in bid preparation (not mandatory, Chapter 6.4) - Template for declaration of legal representatives (for foreign bidders, Chapter 6.5) Page 12 of 43

13 PP No: 180/ BID TEMPLATE Public procurement of goods I submit the bid (please mark the manner of bid submission): a) independently b) as a joint bid c) with subcontractor N o Title/Technical Characteristics Unit of msrm Qnty Producer Unit price in RSD/EUR/CHF (please mark) Total price in RSD/EUR/CHF (please mark) excl. VAT incl. VAT excl. VAT incl. VAT 1 Outer packaging control labels for human drugs (in full conformity with the Technical Specification) item Delivery term for items in 2017: (calendar weeks: 2 minimum 8 maximum) Delivery term for the delivery I, II and III in 2018: (calendar weeks: 2 minimum 8 maximum) Payment terms and conditions: (please tick the option of payment and complete the empty fields) Up to calendar weeks from the day of reception of the written request for delivery, sent by the Buyer s representative Up to calendar weeks from the day of reception of the written request for delivery, sent by the Buyer s representative 1) Advance payment: Advance payment of % of the value of a particular delivery (50% maximum) (please fill in the percentage of the advance payment) Advance payment term (8 days minimum): Up to days from the day of the receipt of the advance invoice and advance payment refund guarantee. Rest of the debt payment term (15 days minimum, 45 days maximum): Up to days from the date of the receipt of a valid invoice (the invoice in conformity with the bid and the concluded contract, containing all the elements prescribed by the law) for the delivery of the goods, verified by the document Clean Receipt issued by the Institute for Manufacturing Banknotes and Coins Topčider. Page 13 of 43

14 Warranty term: (12 months minimum) Bid validity term (60 days minimum) Contact person for contract execution: ( address, tel number) Note, for foreign Seller only: please state if the EUR1 form is enclosed (the document proving that the goods are imported from the EU to Serbia), or Authorisation Certificate/No at the invoice (original, if the goods are from the EU) 2) No advance payment required: Payment term (15 days minimum, 45 days maximum): Up to days from the date of the receipt of a valid invoice (the invoice in conformity with the bid and the concluded contract, containing all the elements prescribed by the law) for the delivery of the goods, verified by the document Clean Receipt issued by the Institute for Manufacturing Banknotes and Coins Topčider. months from the date of the reception of the goods days from the bid opening day EUR 1 form or Authorisation Certificate/No at the invoice (original) is enclosed to the goods (if the goods are from the European Union): YES NO (pls mark the option) Notes: The total price shall include the price of the goods and all the costs which the bidder shall have in the contract realisation. The prices of the subject goods can be expressed in RSD or in foreign currency EUR/CHF. LOCAL bidder shall express the goods price with all the costs (including customs and freight forwarding costs) up to the Buyer s address the Institute for Manufacturing Banknotes and Coins Topčider, 2 Pionirska Street, Belgrade, excluding VAT. FOREIGN bidder shall express the goods price in conformity with DAP (Incoterms 2010), excluding VAT. In order to make the local and the foreign bids comparable, the Law on Public Procurements, Article 86, paragraph 5, stipulates that customs costs should also be included in a foreign bidder s price. Therefore, for the purpose of ranking, the price of a foreign bidder stated in the Bid Template shall be increased for the costs of agent services regarding import to be borne by the National Bank of Serbia, for the exact amount of RSD 48, (that is the price of the service that the NBS is paying to the renderer of agent services regarding import for four customs procedures) and customs rate in conformity with RS regulations relating to imports from the bidder s country. If the bidder s goods are accompanied by EUR1 form or Authorisation Certificate/No at the invoice, the bidder shall state that in the Bid Template, in the section Notes. During bid ranking, if expressed in EUR/CHF, the price shall be converted into dinars using the official medium exchange rate of the National Bank of Serbia on the day of bid opening. The bidder shall timely announce each delivery of the goods and shall perform the delivery in full. The delivery of the requested goods shall be executed by the Seller into the Buyer s warehouse (the Institute for Manufacturing Banknotes and Coins Topčider, 2 Pionirska Street, Belgrade). Page 14 of 43

15 The Seller shall timely announce the delivery of the goods, within the term stipulated by the contract, by sending an at the address with the following data: date and time of the delivery, Seller s data, names and surnames of the persons who shall deliver the goods and the plate registration number of the vehicle. When submitting the invoice for the delivered goods, please state the registration number of the contract in the Buyer s books (G No), as well as the public procurement number PP 180/2017, at the invoice. Enclosures to the Bid Template: Enclosure 1 (Data on the bidder), Enclosure 2 (Data on the bidders forming a group of bidders) and Enclosure 3 (Data on the subcontractor). Date: Stamp Bidder s signature Page 15 of 43

16 ENCLOSURE 1 TEMPLATE DATA ON THE BIDDER (WHEN ACTING INDEPENDENTLY OR WITH SUBCONTRACTOR) Bidder s name: Bidder s address: Contact person: address: Тelephone number: Fax number: Bidder s tax ID number (PIB): Bidder s registry number: Account number: Bidder s representative registered in the Business Register Agency to be competent to sign the contract If the contract has been signed by another person, his/her authorisation issued by the representative of the bidders registered in the Business Register Agency to be able to sign the contract shall be enclosed to the signed contract. Page 16 of 43

17 ENCLOSURE 2 TEMPLATE DATA ON THE BIDDER (WHEN ACTING IN A JOINT BID) Bidder s name: Bidder s address: Contact person: address: Telephone number: Fax number: Bidder s tax ID number (PIB): Bidder s registry number: Account number : * Bidder s representative registered in the Business Register Agency to be competent to sign the contract If the contract has been signed by some other person, enclosed to the contract there shall be an authorisation issued by the bidder s representative registered at the Business Register Agency stating that the person is competent to sign the contract. *The blank field on the authorised representative shall be completed solely by the member of the group of bidders which will sign the contract on behalf of the group. If the bidder acts with several bidders, this template should be copied in several copies and submitted for each bidder separately. Page 17 of 43

18 ENCLOSURE 3 TEMPLATE DATA ON THE SUBCONTRACTOR Subcontractor s name: Subcontractor s address: Contact person: address: Telephone number: Fax number: Subcontractor s tax ID number (PIB): Subcontractor s registry number: Account number: Percentage of the total value of the procurement to be entrusted to this subcontractor, maximum 50%: Part of the procurement subject to be executed by this subcontractor: If the bidder acts with several subcontractors, this template should be copied in several copies and submitted for each subcontractor separately. Page 18 of 43

19 6.2. TEMPLATE FOR DECLARATION OF INDEPENDENT BID DECLARATION ОF INDEPENDENT BID Hereby I declare under full financial and criminal liability that: - I have submitted the bid independently, without any agreement with other bidders or interested parties. Date: Stamp Bidder s signature Note: Should there arise a reasonable doubt in the truthfulness of the Declaration of the Independent Bid, the contracting authority shall immediately inform the competition protection body. The body authorised for competition protection can proscribe the measure of prohibition of participating in the public procurement procedure to the bidder, i.e. interested person, if this body concludes that the bidder, i.e. interested person violated the competition in the PP procedure, in the sense of the Law regulating competition protection. The measure of prohibition can last up to two years. The violation of competition represents negative reference, as stipulated in Article 82, paragraph 1, item 2 of the Law. If a group of bidders submits the bid: the Declaration must be signed and stamped by the authorised representative of each bidder from the group of bidders. Page 19 of 43

20 6.3. TEMPLATE FOR DECLARATION OF OBSERVING CURRENT REGULATIONS DECLARATION ОF OBSERVING CURRENT REGULATIONS Hereby I declare under full financial and criminal liability that: - I have observed current regulations regarding safety at work, employment and working conditions, protection of environment, as well as that I have not been prohibited from performing economic activity by any measure in force at the time of bid submission. Date: Stamp Bidder s signature If the bid is submitted by a group of bidders this Declaration has to be signed by the authorised person of every bidder from the group and stamped. If the bid is submitted by the bidder with subcontractor this Declaration has to be signed by the authorised person of the bidder and authorised person of the subcontractor and stamped. Page 20 of 43

21 6.4. TEMPLATE FOR DECLARATION OF EXPENSES INCURRED IN BID PREPARATION DECLARATION OF EXPENSES INCURRED IN BID PREPARATION Hereby I declare under full financial and criminal liability that I incurred the following costs in the bid preparation procedure: EXPENSE VALUE RSD/EUR/CHF excl. VAT RSD/EUR/CHF excl. VAT RSD/EUR/CHF excl. VAT RSD/EUR/CHF excl. VAT RSD/EUR/CHF excl. VAT RSD/EUR/CHF excl. VAT RSD/EUR/CHF excl. VAT RSD/EUR/CHF excl. VAT RSD/EUR/CHF excl. VAT RSD/EUR/CHF excl. VAT In conformity with Article 88 of the LPP the bidder may submit within the bid the total amount and structure of expenses incurred in bid preparation. The expenses of bid preparation and submission shall be borne exclusively by the bidder which cannot require from the contracting authority to refund the expenses. If the public procurement has been cancelled for the reasons relating to the contracting authority, the contracting authority shall be obliged to refund to the bidder the expenses of making a sample or model if they have been made in conformity with the Technical Specification of the contracting authority, as well as the expenses relating to the acquiring of collateral, but only if the bidder has required the refund of the expenses in its bid. *This Declaration is the integral part of the Tender Documents, pursuant to the Rules on Mandatory Elements of Tender Documents in Public Procurement Procedure and on Manner of Proving Fulfilment of Requirements (RS Official Gazette No 86/2015) NOTE: SUBMITTING THIS DECLARATION IS NOT MANDATORY. Date: Stamp Bidder s signature Page 21 of 43

22 6.5. TEMPLATE FOR DECLARATION OF LEGAL REPRESENTATIVES (TO BE COMPLETED BY FOREIGN BIDDERS ONLY) DECLARATION OF THE BIDDER ON LEGAL REPRESENTATIVES We hereby declare, under full financial and criminal liability, that in conformity with the regulations of the state in which our headquarters are located, our legal representatives are as follows: Date: Stamp: Bidder s signature Page 22 of 43

23 7 MODEL CONTRACT FOR PURCHASE AND SALE OF OUTER PACKAGING CONTROL LABELS FOR HUMAN DRUGS concluded between: NATIONAL BANK OF SERBIA 12 Kralja Petra Street, Belgrade, represented by (hereinafter: Buyer) on the one part, and represented by, Director (hereinafter: Seller) on the other part (other bidders from a group of bidders) Page 23 of 43

24 CONTRACT SUBJECT Article 1 The subject of this contract is the purchase of Outer packaging control labels for human drugs (hereinafter: goods), in full compliance with the Seller's bid, registered with the National Bank of Serbia as No оf 2017 (to be completed by the Buyer), the Technical Specification from the Tender Documents and the Producer s Documents/excerpt from the official webpage of the producer of the offered goods showing technical characteristics of the offered goods which make integral parts of this contract, as well as in conformity with the submitted sample. (The Seller shall work jointly with the subcontractor, Street from, who shall partially conduct the subject procurement, in the following part: ). PRICES Article 2 Unit prices of the goods and the total price have been determined in the Seller s bid referred to in Article 1 hereof. If the bid price is expressed in RSD local bidder: The total price of the goods referred to in Article 1 hereof shall be RSD excluding VAT. If the bid price is expressed in EUR/CHF local bidder: The total price of the goods referred to in Article 1 hereof shall be EUR/CHF excluding VAT. If the payment should be executed to a foreign bidder: The price of the goods referred to in Article 1 hereof (without freight forwarding costs and customs costs) stipulated in the Bid Template and paid to the foreign bidder shall be EUR/CHF, at DAP (Incoterms 2010). Freight forwarding costs and customs costs shall be borne by the Buyer. The costs of agent services regarding import shall be paid based on the price stipulated in the contract between the National Bank of Serbia and the renderer of import-related agent services, whereas the customs rate shall be paid based on the regulations relating to imports and based on the information of the RS Customs Administration Office. PAYMENT TERM Article 3 1) Option 1 No advance payment required: The Buyer shall pay the price for the delivered goods for the ordered quantity as per the unit prices stipulated in the bid referred to in Article 1 hereof, within days from the day of receipt of the pertinent invoice, verified by the document Clean Reception issued by the Institute for Manufacturing Banknotes and coins Topčider. If the offered price is in EUR/CHF local bidder: The payment shall be executed in RSD using the appropriate official middle exchange rate of the National Bank of Serbia valid on the invoicing day. When invoicing the delivered goods, the Seller shall state the contract number (the number under which the contract has been registered in the Buyer s books, G No) on the invoice, as well as the number of the public procurement PP 180/ ) Option 2 Advance payment required: If advance payment has been required, the Buyer shall pay an advance sum of % of the total price of the particular delivery to the Seller within days from the date of the reception of Page 24 of 43

25 the advance invoice and the advance payment refund guarantee, while the Buyer shall pay the rest of the debt within days from the date of the reception of the pertinent invoice, verified by the document Clean Reception issued by the Institute for Manufacturing Banknotes and coins Topčider. The advance invoice referred to in the previous paragraph should be sent at least 8 days from the date of the reception of the written request sent by the Buyer s representative and referred to in Article 4, paragraph 1 hereof. If the offered price is in EUR/CHF local bidder: The payment shall be executed in RSD using the appropriate official middle exchange rate of the National Bank of Serbia valid on the invoicing day. When invoicing the delivered goods, the Seller shall state the contract number (the number under which the contract has been registered in the Buyer s books, G No) on the invoice, as well as the number of the public procurement PP 180/2017. DELIVERY OF GOODS Article 4 The Seller shall deliver the goods successively during the contract validity term in compliance with the Technical Specification, the Producer s Documents/excerpt from the official webpage of the producer of the offered goods showing technical characteristics of the offered goods and the submitted samples, fully observing the specification of the quantity of the required goods for each particular delivery. Delivery terms: - the delivery term for labels in 2017 shall be up to calendar weeks from the day of the reception of the written request for delivery sent by the Buyer s representative; - the delivery term for the deliveries I, II and III in 2018 shall be up to calendar weeks from day of the reception of the written request for delivery sent by the Buyer s representative. LOCAL Seller shall deliver the goods to the Buyer s address: 2 Pionirska Street, Belgrade (hereinafter: delivery location). FOREIGN Seller shall deliver the goods in conformity with DAP (Incoterms 2010) to the Buyer s address: 2 Pionirska Street, Belgrade (hereinafter: delivery location). The Seller shall timely announce the arrival of goods in the Institute for Manufacturing Banknotes and Coins, by sending an to the address zahtevi.zin@nbs.rs with the following data: the date and time of the goods delivery, Seller s data, names and surnames of the people who will deliver the goods and the vehicle registration plate number. When delivering the goods the Seller shall be obliged to furnish the Buyer with the following documents: - Commercial invoice (one original and two copies); - Delivery note (one original) local seller; - Bill of lading/cmr or AWB waybill (one original and two copies) foreign seller; - Certificate of origin EUR 1, proving that the goods are imported into Serbia from the European Union, or Authorisation Certificate/No at the invoice (original) foreign seller. Foreign Seller shall also be obliged to send at the delivery other documents necessary for the import and customs duties, generally provided by the Seller. Upon the dispatch of goods, the Seller send to the Buyer via courier service express mail, one original invoice, as soon as possible. During the validity period of the contract, the Buyer shall retain the right to change the delivery dynamics in agreement with the Seller, as well as to unilaterally refrain from the delivery of the agreed quantities of the goods for 2018, by sending a written notification to the Seller. The Buyer shall not have the obligation to compensate to the Seller for any kind of financial damage that the Seller may have due to the delivery of the smaller amount of the goods than the previously agreed. Page 25 of 43

26 THIRD PARTY CLAIMS Article 5 The Seller shall be obliged to deliver to the Buyer the goods free of any rights or claims of third persons. The Seller shall be liable to the Buyer if the supplied goods are encumbered by any right or claim of a third party which excludes, reduces or restricts the Buyer s right to utilize the goods and dispose of them. RECEPTION OF GOODS Article 6 The takeover of the goods shall be performed in the delivery location stipulated in Article 4 hereof, in conformity with the documents accompanying the delivery. When taking over the goods, the Buyer shall check if the delivery is complete and if the package has sustained any visible damage during the transport, whereof a Record shall be made (if the delivery is complete and without any damages this document is called Clean Receipt ) by the Institute for Manufacturing Banknotes and Coins Topčider and the information shall be sent to the Seller within 30 days from the date of the takeover of the goods. If the delivery is not complete or if there are any visible damages on the package, the Buyer may resort to the legal means stipulated in Article 7 hereof, relating to the Buyer s rights in case of material deficiencies of the delivered goods. MATERIAL DEFICIENCY NON-COMPLIANCE Article 7 Material flaws, defects, non-compliance of the goods exist if the Seller delivers to the Buyer: - the goods which are not in compliance with the samples delivered by the Seller; - the goods of the other kind than the ones stipulated by the contract; - the goods whose quality, dimension and/or characteristics do not comply with the bid and the requests in the Technical Specification; - smaller or bigger amout of the goods than the one stipulated hereby. The Seller shall be liable to the Buyer for each material defect/non-compliance which existed in the moment of Buyer s risk-taking, even if the material defect/non-compliance became visible later. The Seller shall also be liable to the Buyer for each material defect/non-compliance which became visible after Buyer s risk-taking, which can be attributed to any breach of the Seller s any obligation herefrom. The Buyer shall be obliged to inspect the goods within 30 days from the day of their takeover and to inform the Seller of any material defect/non-compliance discovered during the examination. The conctracting parties agree that the inspection referred to in paragraph 3 hereof be executed by inspecting randomly chosen labels in the amount of 1% of the totally delivered quantity. The information on material defect/non-compliance shall be sent to the Seller by or fax. If after the Buyer has received the goods it turns out that the goods have some deficiencies that could not have been detected by the inspection described in paragraph 4 hereof (hidden flaw), the Buyer shall immediately inform the Seller thereof, promptly after discovering it. The Seller shall not be liable for the deficiencies which become obvious after 1 year following the delivery of the goods. Should the Buyer inform the Seller on material defect/non-compliance, it can: 1. request the Seller to deliver other appropriate goods and return the inappropriate ones at Seller s expense, within 30 days from the day when the request was made; 2. request the Seller to deliver the missing amount of the goods, at Seller s expense, within 30 days from the day when the request was made; Page 26 of 43

27 3. request the Seller to submit a credit note within 8 days from the day of when the request was made, whereby the Seller agrees that the Buyer should reduce the invoice amount submitted for the executed delivery, for the value of the inappropriate and/or missing goods, all of which in conformity with the unit prices stipulated in the bid referred to in Article 1 hereof; 4. request the Seller to return the excess of the delivered goods at Seller s expense; 5. terminate the contract in the manner and under the conditions stipulated in Article 14 hereof. In each of the said cases, the Buyer shall be entitled to receive damage compensation as well. CONTRACTUAL PENALTY Article 8 Should the Seller fail to execute the contractual obligation referred to in Article 1 hereof within the agreed term (and not due to the Buyer s fault or due to Force Majeure), it shall pay to the Buyer the amount of 0.2% of the total price of the particular delivery as contractual penalty for each day of tardiness. The total amount of the contractual penalty however cannot exceed 10% of the total price of the particular delivery. The contractual penalty referred to in paragraph 1 hereof shall start to be calculated from the first day following the deadline for fulfilling the contractual obligations up to the day of fulfilment of the contractual obligation, and at longest till the day when the value of the calculated contractual penalty reaches 10% of the total price of a particular delivery. Should the Seller fail to perform the contractual obligation at all, or should it perform it partially, the Buyer shall be entitled to charge contractual penalty in the amount of 10% of the total price stipulated in Article 2 hereof. The Seller shall submit a credit note for charging contractual penalties referred to herein, within 8 days from the day of receipt of the Buyer s written request. The Buyer s right to charge the contractual penalty does not affect its right to demand damage compensation. FINANCIAL COLLATERAL Article 9 1) For good job performance: The financial security instrument to vouchsafe for the bidder s execution of its obligations shall be: bank guarantee as the security instrument for good job performance, potential payment of contractual penalties and elimination of flaws within warranty term. The Seller shall submit to the Buyer the bank guarantee for good job performance, potential payment of contractual penalties and elimination of flaws within warranty term at contract signing or within 7 days from the contract conclusion date to the address of the National Bank of Serbia, Procurement Department, Public Procurement Division, 17 Nemanjina Street, Belgrade. The bank guarantee must be unconditional and collectable upon first call. It cannot contain additional payment conditions, shorter terms or smaller amounts than the ones determined by the contracting authority hereby or a different court jurisdiction for the dispute settlement. If the bidder submits the bank guarantee issued by a foreign bank, the bank must hold at least credit rating 3 (investment ranking). Should timeframe for the execution of the contractual obligations change during the validity term of the contract, or some other circumstances which prevent the completion of contractual obligations, the validity of bank guarantee must be extended. The Seller shall submit the bank guarantee for good job performance in the amount of 10% of the contract value. The validity term of the bank guarantee is 10 days longer than the expiry of the warranty term. Page 27 of 43

28 2) For advance payment refund: The Seller shall provide advance payment refund guarantee as a financial collateral for the refund of the advance payment, in the amount covering the requested advance payment, with the calculated VAT. The Seller shall provide the bank guarantee along with the advance invoice. The bank guarantee shall be unconditional and payable at first request, valid up to 10 days after the expiry of the delivery term of a particular delivery, whereupon it shall be returned to the other contracting party. The bank guarantee cannot contain additional payment conditions, shorter terms or smaller amounts than the ones determined by the contracting authority hereby or a different court jurisdiction for the dispute settlement. If the bidder submits the bank guarantee issued by a foreign bank, the bank must hold at least credit rating 3 (investment ranking). When submitting the bank guarantee, copies of specimen signature cards of authorised persons of the bank that issued the bank guarantee shall also be enclosed. Should timeframe for the execution of the contractual obligations change during the validity term of the contract, or some other circumstances which prevent the completion of contractual obligations, the validity of bank guarantee must be extended. Article 10 If the Seller fails to submit to the Buyer the credit note for charging contractual penalty within the term referred to in Article 8, paragraph 4 hereof, the Seller hereby authorises the Buyer to charge the contractual penalty and other costs from the bank guarantee stipulated by Article 9 hereof, in the maximum amount of 10% of the total price stated in Article 2 hereof. INFORMATION CONFIDENTIALITY Article 11 The Seller shall undertake not to disclose to unauthorised persons the data and information obtained from the Buyer or acquired during the contract realisation, that is to treat them in the manner which ensures their protection. WARRANTY TERMS Article 12 The warranty term for the delivered goods shall be months form the day of the reception of the goods. During the warranty term the Seller guarantees that the delivered goods have been produced in accordance with the Technical Specification. If there came to the replacement of the goods or to any major repair due to its malfunctioning, the warranty term starts anew, as of the date of goods replacement/repaired goods return. CONTRACT EFFECTIVENESS AND VALIDITY TERM Article 13 This contract shall become effective when signed by authorised persons of both contracting parties and shall be concluded for the period of 15 months. The contracting parties hereby guarantee to each other that this contract shall be concluded in their name and on their behalf by the persons authorised to do so. Page 28 of 43

29 Non-existence of, or a defect or limitation in the authorisation of the representative of either party to sign this contract on its behalf, gives the right to the other party to claim compensation for any damage suffered by it. CONTRACT TERMINATION Article 14 Either contracting party can terminate this contract if the obligations taken by the contract have not been fulfilled by the other contracting party. The unfulfilment of the contractual obligation means that it has not been fulfilled, that it has been partially fulfilled, or that it has been fulfilled but not as stipulated in the contract. The contracting party terminating the contract must inform the other contracting party thereof, by sending it a written notice via mail registered mail, with return receipt or electronically (by ). CONTRACT CANCELLATION Article 15 Either contracting party may cancel the contract. The contracting parties agree that the cancellation period in the case referred to in paragraph 1 hereof shall be 30 days, starting from the day of delivering a written cancellation notice and evidence of its justifiability. Should either contracting party cancel the contract without a justifiable, i.e. objective and provable reason, the other contracting party shall have the right to charge contractual penalty on account of unjustified contract cancellation in the amount of 10% of the total contract value. OTHER PROVISIONS Article 16 The bidder shall inform the National Bank of Serbia immediately, without any delay and in writing about any change of any data it is proving related to the public procurement procedure, as well as to provide the supporting documents for such a change, with stating the contract number in the Buyer s books (G No) and the public procurement number PP 180/2017. Article 17 Local bidder: Questions relating hereto which are not settled by the provisions hereof shall be governed by the Serbian Law on Obligations and Contracts. Foreign bidder: Questions relating hereto which are not settled by the provisions hereof shall be governed by the Swiss Code of Obligations. Article 18 Local bidder: The contracting parties agree to resolve amicably all disputes in relation hereto. Otherwise, the court of competent jurisdiction shall be the Commercial Court in Belgrade. Foreign bidder: The contracting parties agree to resolve amicably all disputes in relation hereto. Disputes which may arise herefrom or in relation herewith will be eventually resolved in accordance with the rules of Foreign Trade Arbitration at the Serbian Chamber of Commerce, in accordance with its Rulebook. The place of arbitration shall be Belgrade. The language of the arbitration and correspondence shall be English. Page 29 of 43