NATIONAL BANK OF SERBIA

Transcription

1 NATIONAL BANK OF SERBIA TENDER DOCUMENTS PP 90/2017 Belgrade, April 2017 Page 1 of 38

2 Pursuant to Article 61 of the Law on Public Procurement (RS Official Gazette, Nos 124/2012, 14/2015 and 68/2015, hereinafter: LPP) and Article 2 of the Rules on Mandatory Elements of Tender Documents in Public Procurement Procedures and the Manner of Proving the Fulfilment of Requirements (RS Official Gazette, No 86/2015), Article 40 of the Rulebook on Procurement at the National Bank of Serbia (G. No 1545 of 13 March 2014, G. No 5808 of 4 August 2014, G. No 7575 of 12 October 2015 and G. No 9906 of 30 December 2016), the Decision on Initiating the Public Procurement Procedure (G. No 3239 of 13 April 2016) and the Decision on Establishing the Public Procurement Committee (G. No 3240 of 13 April 2017), the following was prepared: TENDER DOCUMENTS for the public procurement of goods OVD contour foil, PP 90/2017 The Tender Documents include: 1 GENERAL INFORMATION ON PROCUREMENT TYPE, TECHNICAL CHARACTERISTICS, QUALITY, QUANTITY AND DESCRIPTION OF GOODS TECHNICAL SPECIFICATION PARTICIPATION REQUIREMENTS AND INSTRUCTIONS ON PROVING THE FULFILMENT OF THE REQUIREMENTS CONTRACT AWARD CRITERIA FORMS INTEGRAL TO THE BID MODEL CONTRACT ON THE PURCHASE OF INSTRUCTIONS TO BIDDERS ON PREPARING THE BID AGREEMENT BY WHICH BIDDERS IN A GROUP OF BIDDERS COMMIT TO EACH OTHER AND TO THE CONTRACTING AUTHORITY TO EXECUTE THE PUBLIC PROCUREMENT The Committee: 1. Jasmina Radulović, member Katarina Lazarević Todorović, alternate 2. Gordana Čolić, member Nataša Marić, alternate 3. Aleksandar Stamenković, member Nataša Jokić, alternate 4. Petar Ilić, member Darsko Vasić, alternate Page 2 of 38

3 1 GENERAL INFORMATION ON PROCUREMENT 1.1 Name, address and website of the contracting authority: National Bank of Serbia Kralja Petra 12, Belgrade Type of public procurement procedure: open procedure. 1.3 Public procurement subject: goods OVD contour foil. 1.4 Description of lots: This procurement is not split into lots. 1.5 This is not a restricted public procurement. 1.6 There will be no electronic auction. 1.7 The procedure is not conducted for the purpose of entering into a framework agreement, but for the purpose of awarding a contract. 1.8 Contact: javne.nabavke@nbs.rs, every business day (Monday Friday) from 7.30 a.m. to 4.30 p.m. Page 3 of 38

4 2 TYPE, TECHNICAL CHARACTERISTICS, QUALITY, QUANTITY AND DESCRIPTION OF GOODS 2.1 TYPE OF GOODS: Procurement of OVD contour foil. 2.2 TECHNICAL CHARACTERISTICS: Technical characteristics of the goods that are the subject of this public procurement are presented in Chapter 3 of the Tender Documents. 2.3 QUALITY: In accordance with the requirements set out in the Technical Specification. 2.4 QUANTITY AND DESCRIPTION OF THE GOODS: In accordance with the requirements set out in the Technical Specification. 2.5 QUALITY CONTROL AND QUALITY ASSURANCE: The quality of the goods delivered shall be verified at record-verified takeover by a representative of the contracting authority. 2.6 DELIVERY DEADLINE: As stated in the bid. 2.7 PLACE OF DELIVERY: National Bank of Serbia, Institute for Manufacturing Banknotes and Coins Topčider, Belgrade, Pionirska 2. Page 4 of 38

5 Short description and usage: 3 TECHNICAL SPECIFICATION Subject: OVD CONTOUR FOIL Hot stamping foil, continual design with unique origination, silver, fully metalised, on a PET holder 19 microns thick. Origination: Continual design with unique origination, integrated effect of image changing, adjusted laserreadable hidden information and nanotext in conformity with the adopted artwork. Copyright relating to the design and artwork (both the original and the potential amended versions) will stay in the ownership of the National Bank of Serbia the Institute for Manufacturing Banknotes and Coins. Application machines: The foil must be suitable for application on Cavomit machine with cylinder print. The testing at the machine will be performed upon the bidder s delivery of samples. Quantity: Year ,000 square metres (m 2 ) 260 mm x 185 m, maximum external roll diameter 88 mm, wound on a 1-inch core, m 2 30 mm x 185 m, maximum external roll diameter 88 mm, wound on a 1-inch core, 18,000 m 2 The NBS-Institute retains the right to change the quantity structure regarding the type of rolls, thereby not altering the total quantity in m 2. The winding direction on the roll shall be determined based on the final approved design. Technical requirements: Foil application process requires that the bidder s foil is resistant to pre-heating due to close contact with the heating parts of the machine for a longer period of time. There must be no foil damage in these circumstances, or adhesive activation. Since different types of paper bases/carriers will be used (offset, NCR, kunstdruck and security paper with or without watermarks) the foil must have aggressive adhesive suitable for such types of security papers. The above mentioned papers weigh from 70 gsm to 150 gsm, and for NCR approximately 55 gsm. The application test will be done both on printed and on white paper. Cylinder press operation requires the holographic element to be easily separated from the foil base/carrier, which can cause edge roughness. This effect, in addition to others, causes dusting of foil remnants which can negatively affect machine work in further phases. Therefore, the foil print must have even and clean edges at application. The NBS-Institute wants to do the numeration and serialization on the paper with the applied foil by various techniques (letterpress, ink jet print, laser print). Therefore, it is extremely important that the selected foil should have high temperature stability after application onto the paper base/carrier. The origination of the continual hologram foil must have a sequence of security features on several inspection and verification levels (from the visual one to the forensic one) and must be difficult or impossible to reproduce by standard 2D/3D or dot matrix producing techniques. Usage of security papers with rough surfaces for some of our products requires high-quality origination, combined with adequate foil structure which will not disappear during application due to watermark or paper texture. The foil must meet all the requirements of standard laboratory resistance testing which include chemical and physical resistance testing, as well as thermal stability testing on laser printers. The testing will be done after application on the above-mentioned paper bases/carriers. Apart from that, the foil must pass visual control of the reached diffractivity and visibility of the integrated security features. Page 5 of 38

6 Important information Bidders should deliver test foils together with the Technical Specification and application parameters for Cavomit machine with cylinder print at the speed of sheets/hour. The test foil for testing on original paper bases/carriers should have generic design which shows the possibilities-capacities of producer s origination. All costs of production and delivery of test foils in rolls (2 rolls of 260 mm x 185 m wound on a 1-inch core and 2 rolls of 30 mm x 185 m wound on a 1-inch core) shall be paid by potential bidders. Test foils should be delivered together with the bidder s closed bid. OVD foil must be manufactured by an 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 an appropriate certificate of the European Central Bank, which includes the top safety and security measures during the procurement of input materials, their processing during production, waste management, and the delivery of the finished security product. Page 6 of 38

7 4 PARTICIPATION REQUIREMENTS AND INSTRUCTIONS ON PROVING THE FULFILMENT OF THE REQUIREMENTS Table 1 Requirements and evidence of meeting the requirements under Articles 75 and 76 of the No LPP Requirement: The bidder must be registered with the competent authority, i.e. entered in the appropriate business register. 1 Evidence: FOR LEGAL ENTITIES AND ENTREPRENEURS: Excerpt from the registry of the competent authority Business Registers Agency; FOR A NATURAL PERSON: /. Requirement: The bidder and its legal representative have not been convicted of any criminal act as members of an organised crime group, nor convicted of a commercial criminal offence, criminal offence against the environment, criminal offence of receiving or offering bribe, or a criminal offence of fraud. Evidence: FOR LEGAL ENTITIES: For offences of organised crime CERTIFICATE OF THE SPECIAL DEPARTMENT (FOR ORGANISED CRIME) OF THE HIGHER COURT IN BELGRADE, Ustanička 29, Belgrade, certifying that the bidder has not been convicted of any criminal offence of organised crime; For commercial criminal offences, criminal offences against the environment, criminal offences of receiving or offering bribe, or criminal offence of fraud CERTIFICATE OF THE COURT OF FIRST INSTANCE (which includes information from criminal records under the competence of the Crime Department of the Higher Court) on whose territory the head office of the domestic legal entity or a branch office of the foreign legal entity is located, confirming that the bidder has not been convicted of any commercial criminal offence, criminal offence against the environment, criminal offence of receiving or offering bribe, or a criminal offence of fraud; 2 Note: If the Certificate issued by the Court of First Instance does not include information from criminal records for the criminal offences falling within the scope of work of the regular Crime Department of the Higher Court, the bidder shall submit the Certificates issued by the Court of First Instance and the Higher Court. FOR LEGAL REPRESENTATIVES OF LEGAL ENTITIES: Excerpt from criminal records, i.e. the relevant POLICE ADMINISTRATION OF THE MINISTRY OF THE INTERIOR (by place of birth or residence) confirming that the he/she has not been convicted of any criminal offence as a member of an organised crime group, nor convicted of a commercial criminal offence, criminal offence against the environment, criminal offence of receiving or offering bribe, or a criminal offence of fraud; FOR ENTREPRENEURS AND NATURAL PERSONS: Excerpt from criminal records, i.e. the relevant POLICE ADMINISTRATION OF THE MINISTRY OF THE INTERIOR (by place of birth or residence) confirming that the he/she has not been convicted of any criminal offence as a member of an organised crime group, nor convicted of a commercial criminal offence, criminal offence against the environment, criminal offence of receiving or offering bribe, or a criminal offence of fraud. NOTE: If there is more than one legal representative, an excerpt from criminal records shall be submitted for each of them. (Evidence may not be older than two months prior to bid opening) Page 7 of 38

8 Requirement: Full payment of due taxes, contributions and other public charges in accordance with regulations of the Republic of Serbia or a foreign country where its head office is located. Evidence: FOR LEGAL ENTITIES AND ENTREPRENEURS: A) Certificate of payment issued by the Tax Administration of the Ministry of Finance of the Republic of Serbia (taxes, contributions and other public charges) and B) Certificate of payment issued by the relevant local government unit city/municipality (local public revenues), 3 or C) Certificates issued by the competent authority confirming that the bidder is undergoing privatisation. FOR NATURAL PERSONS: A) Certificate of payment issued by the Tax Administration of the Ministry of Finance of the Republic of Serbia (taxes, contributions and other public charges) and B) Certificate of payment issued by the relevant local government unit city/municipality (local public revenues). 4 5 (Evidence may not be older than two months prior to bid opening) The bidder has fulfilled obligations under applicable regulations on safety at work, employment and working conditions and environmental protection, and no measure prohibiting the performance of an activity has been pronounced against it which is in force at the time of bid submission; Evidence: Form of Statement of Compliance with Regulations (signed and stamped) (Chapter 6.3); The bidder has the necessary business capacity, i.e: OVD foils must be manufactured and issued by an 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 an appropriate certificate of the European Central Bank, which includes the top safety and security measures, including the procurement of the input materials, their processing during production, waste management, and the delivery of the finished security product. Evidence: - Copy of the valid certificate ISO or - appropriate certificate of the European Central Bank Table 2 No Other mandatory documents and forms to be enclosed with the bid 1 Bid Form (filled-in, signed and stamped), with enclosures (Chapter 6.1); 2 Form of Statement of Independent Bid (signed and stamped) (Chapter 6.2); 3 Form of Statement on Legal Representatives (signed and stamped) (Chapter 6.5); 4 Model Contract (filled-in, signed and stamped) (Chapter 7); 5 Samples, in accordance with item 8.19 of the Tender Documents; 6 Agreement (IF PARTICIPATING AS A GROUP OF BIDDERS Model Agreement in Chapter 10). Page 8 of 38

9 NOTES: 1. If the bid is submitted jointly with the subcontractor: Along with the bid, the bidder shall submit evidence showing that its subcontractors meet the requirements referred to in Chapter 4, Table 1, items 1) to 4). As regards the fulfilment of additional requirements set out in Article 76 of the LPP and the Tender Documents (capacity), the bidder must independently meet the business capacity, which implies the bidder meets the requirement from Chapter 4, Table 1, item 5) independently. 2. If the bid is submitted by a group of bidders: All bidders in a group of bidders must meet the mandatory requirements referred to in Chapter 4, Table 1, items 1 to 4, and prove it in the manner set forth in the Tender Documents (Chapter 4, Table 1, items 1 to 4), while the additional requirement set out in Article 76 of the LPP is met jointly, so evidence for requirements from Chapter 4, Table 1, item 5) may be submitted for one or more of bidders from the group of bidders. Evidence proving the fulfilment of requirements under Article 75 of the LPP may be in uncertified copies. The bidder is not obliged to submit evidence that is publicly available on the websites of competent bodies, such as the excerpt from the registry of the competent authority Business Registers Agency; Bidder/subcontractor registered in the Registry of Bidders pursuant to Article 78, paragraph 5 of the LPP is not obliged to submit the evidence listed in Table 1, numbers 1 to 3. The Committee shall verify that the bidder/subcontractor is entered in the Registry of Bidders. If the country where the bidder s head office is located does not issue the evidence set out under Article 77 of the LPP, the bidder may, instead of evidence, submit its own written statement accepting full financial and criminal liability, certified by a court or administrative authority, public notary or other competent authority of the country in question. If the bidder s head office is located in another country, the contracting authority may verify that the documents substantiating that the bidder meets the requirements have been issued by the competent authorities of that country, pursuant to Article 79, paragraph 8 of the LPP. The bidder shall immediately inform the National Bank of Serbia in writing about any change relating to the fulfilment of requirements pertaining to the public procurement procedure, occurring before the adoption of the decision and/or conclusion of the contract and/or during contract validity, and shall provide documents substantiating such change. Page 9 of 38

10 5 CONTRACT AWARD CRITERIA 5.1 CRITERIA The selection among the adequate and acceptable bids shall be performed by applying the criterion of the lowest offered price. 5.2 TWO OR MORE BIDS WITH EQUAL LOWEST PRICE If two or more bids have the same lowest offered price, the contract shall be awarded to the bidder offering a shorter delivery deadline. In case the delivery deadline is the same, the contract shall be awarded to the bidder offering the longest warranty period, while in the case the warranty period is the same, the contract shall be awarded to the bidder offering the longest payment term. If the contract may not be awarded in the above manner because the bids are still equal in all aspects, the contract shall be awarded by drawing lots. The Public Procurement Committee shall schedule the time and place of the draw and invite all bidders to attend the draw. During the draw, bidders representatives will write the name of bidders on special pieces of paper. Members of the Public Procurement Committee shall give them identical envelopes in which they will each place their filled out piece of paper. These envelopes will be shuffled by hand in the presence of all bidders, after which the bidders envelopes will be drawn at random and the bids ranked by the order in which the envelopes were drawn, of which a Record of the draw in the procedure PP 90/2017 will be made. If an invited bidder does not respond to the invitation to attend the draw, the members of the Public Procurement Committee shall, in front of the attending authorised bidders representatives, put pieces of paper with the names of absent bidders in empty envelopes, which will be included in the draw procedure, along with the envelopes of the attending authorised representatives of bidders. The same procedure will be followed if no bidder attends the draw. Page 10 of 38

11 6 FORMS INTEGRAL TO THE BID - Bid Form (Chapter 6.1); - Form of Statement of Independent Bid (Chapter 6.2); - Form of Statement of Compliance with Regulations (Chapter 6.3); - Form of Statement of Bid Preparation Costs (not mandatory) (Chapter 6.4); - Form of Statement on Legal Representatives (for foreign bidders) (Chapter 6.5), are provided below. Page 11 of 38

12 PP No: 90/ BID FORM for the public procurement of goods OVD contour foil I submit the bid (designate the manner of bid submission): a) independently b) as a joint bid c) with a subcontractor No 1 2 DESCRIPTION According to the Technical Specification 260 mm x 185 m, maximum external roll diameter 88 mm, wound on a 1-inch core 30 mm x 185 m, maximum external roll diameter 88 mm, wound on a 1- inch core Unit Quantity Manufacturer m 2 5,000 m 2 18,000 Unit price in RSD / EUR (indicate the currency) exclusive of inclusive of VAT VAT Total price in RSD / EUR (indicate the currency) exclusive of inclusive of VAT VAT TOTAL 23,000 / / / Delivery deadline: (maximum 90 calendar days) Payment term: (minimum 15 days maximum 45 days) Warranty period for the goods offered: (minimum 12 months) Bid validity period: (minimum 60 days) Contact person for contract performance issues, and phone number: Note: Please specify whether the goods are accompanied by a EUR.1 certificate proving that the goods are imported into Serbia from the EU or the goods are accompanied by the Statement of authorisation on the invoice original (if the goods are from the EU) foreign Seller. up to calendar days from the contract conclusion date days from the day of receipt of a valid invoice (which is in accordance with the bid and the concluded contract and contains all the elements prescribed by law) for delivery of the goods, verified by the document Receipt of the Institute for Manufacturing Banknotes and Coins Topčider months from the day of receipt of the goods days from the bid opening date The goods are accompanied by a EUR.1 certificate or the Statement of authorisation on the invoice YES NO (specify) Page 12 of 38

13 NOTES: The total price includes the price of the goods including all costs incurred by the Bidder during contract implementation. Prices of the goods that are the subject of the procurement may be expressed in dinars or a foreign currency euros. A DOMESTIC BIDDER shall indicate the price of the goods including all costs to the premises of the buyer Institute for Manufacturing Banknotes and Coins Topčider, Belgrade, Pionirska 2 (including customs duties and freight forwarding charges), exclusive of value added tax. A FOREIGN BIDDER shall indicate the price of the goods in accordance with DAP parity (Incoterms 2010), exclusive of taxes. For the offers of domestic and foreign bidders to be comparable, Article 86, paragraph 5 of the Law on Public Procurement prescribes that the offered price of a foreign bidder includes customs duties. In this regard, and for ranking purposes, the price of the foreign bidder indicated in the Bid Form shall be increased by freight forwarding costs to be borne by the National Bank of Serbia, in the amount of RSD 12, RSD exclusive of VAT (the price of a single customs clearance paid by the NBS to the freight forwarder) and the customs rates stipulated by the regulations of the Republic of Serbia and applied to the imports from the Bidder s specific country. For bid-ranking purposes, the price shall be converted into dinars using the middle exchange rate of the National Bank of Serbia on the date of bid opening. If the Bidder s goods are to be accompanied by a EUR.1 certificate or the Statement of authorisation on the invoice, the Bidder shall make a note of this in the Bid Form, in the Notes section. The Bidder shall announce the time of delivery of the goods and deliver them in entirety. The NBS-Institute shall retain the right to change the quantity structure regarding the type of rolls, thereby not altering the total quantity in m 2. The winding direction on the roll shall be determined based on the approved final design. The Seller shall deliver the goods to the Buyer s warehouse Institute for Manufacturing Banknotes and Coins Topčider, Pionirska 2, Belgrade. In line with the deadline specified in the Contract, the Seller shall announce the delivery of the goods by sending an to zahtevi.zin@nbs.rs, containing the following data: date and time of the delivery of the goods, data on the Seller, names of the people who will deliver the goods and the vehicle registration plate number. When submitting the invoice for the goods delivered, the Seller shall indicate on the invoice the number under which the contract is registered in the Buyer s records (G. No) and the number of the public procurement (PP 90/2017). Enclosures to the Bid Form: Enclosure 1 (Data on the Bidder), Enclosure 2 (Data on Members of the Group of Bidders) and Enclosure 3 (Data on the Subcontractor). Date: Stamp Bidder s signature Page 13 of 38

14 ENCLOSURE 1 FORM DATA ON THE BIDDER (WHEN PARTICIPATING INDEPENDENTLY OR WITH A SUBCONTRACTOR) Bidder s business name: Address of the head office: Contact person: Telephone: Bidder s tax identification number (TIN): Bidder s registration number: Account number: Bidder s representative registered with the Business Registers Agency authorised to sign the contract If the contract is signed by a person other than the Bidder s representative registered with the Business Registers Agency, the authorisation issued to that person to sign the public procurement contract shall be submitted along with the signed contract. Page 14 of 38

15 ENCLOSURE 2 FORM DATA ON THE BIDDER (WHEN PARTICIPATING IN A JOINT BID) Bidder s business name: Address of the head office: Contact person: Telephone: Bidder s tax identification number (TIN): Bidder s registration number: Account number: *Bidder s representative registered with the Business Registers Agency authorised to sign the contract If the contract is signed by a person other than the Bidder s representative registered with the Business Registers Agency, the authorisation issued to that person to sign the public procurement contract shall be submitted along with the signed contract. *Only the member of the Group of Bidders who will sign the contract on behalf of the Group must complete the relevant section on the representative. This statement is copied and submitted for each member of the Group separately. Page 15 of 38

16 ENCLOSURE 3 FORM DATA ON THE SUBCONTRACTOR Subcontractor s business name: Address of the head office: Contact person: Telephone: Subcontractor s tax identification number (TIN): Subcontractor s registration number: Account number: Percentage of the total value of the procurement to be outsourced to this Subcontractor, not exceeding 50%: Part of the subject of the procurement to be executed by this Subcontractor: If the Bidder is participating with several Subcontractors, this statement is copied and submitted for each Subcontractor separately. Page 16 of 38

17 6.2 FORM OF STATEMENT OF INDEPENDENT BID STATEMENT OF INDEPENDENT BID Accepting full financial and criminal liability, I hereby declare that: - I have submitted the bid independently, without any agreement with other bidders or interested parties; Date: Stamp Bidder s signature Note: Should there be reasonable doubt as to the truthfulness of the statement of independent bid, the Contracting Authority shall immediately inform the authority in charge of competition protection thereof. The authority in charge of competition protection may impose a measure prohibiting participation in the public procurement procedure to the Bidder, i.e. interested party, if it establishes that the Bidder, i.e. interested party has violated the competition in the PP procedure, within the meaning of the Law governing competition protection. The measure prohibiting participation can last up to two years. The violation of the competition represents a negative reference, as stipulated in Article 82, paragraph 1, item 2 of the Law. If the bid is submitted by a group of bidders, the Statement must be stamped and signed by each bidder s authorised representative. Page 17 of 38

18 6.3 FORM OF STATEMENT OF COMPLIANCE WITH REGULATIONS STATEMENT OF COMPLIANCE WITH REGULATIONS Accepting full financial and criminal liability, I hereby declare that: - I have fulfilled the obligations under applicable regulations on safety at work, employment and working conditions and environmental protection, and no measure prohibiting me from performing an activity is in force at the time of submission of this bid. Date: Stamp Bidder s signature If the bid is submitted by a group of bidders, the Statement must be stamped and signed by each bidder s authorised representative. If the bid is submitted with a subcontractor, the Statement must be stamped and signed by the subcontractor s authorised representative. Page 18 of 38

19 6.4 FORM OF STATEMENT OF BID PREPARATION COSTS STATEMENT OF BID PREPARATION COSTS Accepting full financial and criminal liability, I hereby declare that in this public procurement procedure I had the following costs: COST ITEM AMOUNT EUR/RSD exclusive of VAT EUR/RSD exclusive of VAT EUR/RSD exclusive of VAT EUR/RSD exclusive of VAT EUR/RSD exclusive of VAT EUR/RSD exclusive of VAT EUR/RSD exclusive of VAT In accordance with Article 88 of the LPP, the Bidder may include in its bid the total amount and structure of bid preparation costs. The costs of preparation and submission of the bid are borne exclusively by the Bidder and shall not be reimbursed by the Contracting Authority. If the public procurement procedure is cancelled due to reasons related to the Contracting Authority, the Contracting Authority shall reimburse the Bidder for the costs of manufacturing a sample or model, if these were made in accordance with the technical specifications of the Contracting Authority, and for the costs of acquiring collateral, provided that the Bidder requested the reimbursement of these costs in its bid. *Pursuant to the Rulebook on Mandatory Elements of Tender Documentation in Public Procurement Procedures and the Manner of Proving the Fulfilment of Conditions (RS Official Gazette, No 86/2015), this Statement is a mandatory element of the Tender Documents. NOTE: SUBMISSION OF THIS STATEMENT IS NOT MANDATORY. Date: Stamp Bidder s signature Page 19 of 38

20 6.5 FORM OF STATEMENT ON LEGAL REPRESENTATIVES (FOR FOREIGN BIDDERS ONLY) STATEMENT ON LEGAL REPRESENTATIVES Accepting full financial and criminal liability, I hereby declare that pursuant to the regulations of the country in which our head office is located, our legal representatives are as follows: Date: Stamp Bidder s signature Page 20 of 38

21 7 MODEL CONTRACT ON THE PURCHASE OF OVD contour foil concluded between: NATIONAL BANK OF SERBIA Kralja Petra 12, Belgrade represented by (hereinafter: the Buyer) on the one part and represented by, Manager (hereinafter: the Seller) on the other part (other Bidders from the Group of Bidders) Page 21 of 38

22 SUBJECT Article 1 The subject of this Contract is the purchase of goods OVD contour foil (hereinafter: the goods), in accordance with the Seller s bid registered with the Buyer under No / of / 2017 (to be completed by the Buyer), the Technical Specification in the Tender Documents, which are integral to this Contract, and samples submitted accordingly. (The Seller participates with a Subcontractor, Street from, which will execute a part of the procurement, namely the part: ) COPYRIGHT Article 2 Copyright relating to the design and artwork used for the production of the origination master copy, and the foils of the Institute shall stay in the ownership of the Buyer, giving the Buyer absolute right to modify and/or forward the artwork to another manufacturer for the production of the origination master copy, without the consent of the Seller, in the case when the Seller is responsible for breach of Contract, in case of force majeure and following the fulfilment of all contractual obligations of both parties. The Seller shall destroy all available files, patterns and copies and notify the Buyer thereof. PRICES AND CONTRACT VALUE Article 3 Unit prices of the foil shall be specified in the bid referred to in Article 1 hereof. If the offered price is expressed in dinars domestic Bidder: The total price of the goods for quantities in the Bid Form is RSD. If the offered price is expressed in euros domestic Bidder: The total price of the goods for quantities in the Bid Form is EUR. If the payment is to be made to a foreign Bidder: The total price of the goods for quantities referred to in the Bid Form (excluding freight forwarding charges and customs duty) specified in the Bid Form that is to be paid to the foreign Bidder is EUR, at DAP parity (Incoterms 2010). Freight forwarding charges and customs duty shall be paid by the Buyer. The freight forwarding charges and customs duty shall be paid at the price specified in the contract between the National Bank of Serbia and the freight forwarder, and the customs rate pursuant to regulations governing the imports procedure, and based on information from the Customs Administration. The total value of the Contract is RSD/EUR / (2% more than the total price for the quantities referred to in the Bid Form in accordance with Article 9, paragraph 1, indent 4 to be completed by the Buyer). The agreed price shall not be changed during the validity of this Contract. The price referred to in paragraph 2 hereof shall be exclusive of VAT. Page 22 of 38

23 PAYMENT TERM Article 4 The Buyer shall pay the price of the goods delivered, determined according to unit prices from the bid referred to in Article 1 hereof within days of the day of receipt of a valid invoice (which is in accordance with the bid and the concluded Contract and contains all the elements prescribed by law), verified by the document Receipt of the Institute for Manufacturing Banknotes and Coins Topčider. If the offered price is expressed in euros domestic Bidder: The payment shall be made in the dinar equivalent value using the official middle exchange rate of the National Bank of Serbia on the invoice date. If the offered price is expressed in euros foreign Bidder: The payment shall be made in euros to a foreign Bidder that offered the price in euros. When submitting the invoice for the goods delivered, the Seller shall indicate on the invoice the number under which the contract is registered in the Buyer s records (G. No) and the number of the public procurement (PP 90/2017). DELIVERY OF THE GOODS AND PACKAGING Article 5 The Seller shall deliver the goods to the Buyer fully in accordance with the Technical Specification and the samples referred to in Article 1 hereof. The Seller shall deliver the entire quantity of the goods to the Buyer within calendar days of the Contract conclusion date. A DOMESTIC Seller shall deliver the goods to the Buyer at the address Belgrade, Pionirska 2 (hereinafter: place of delivery). A FOREIGN Seller shall deliver the goods to the Buyer in accordance with DAP (Incoterms 2010) at the address Belgrade, Pionirska 2 (hereinafter: place of delivery). The Seller shall announce the arrival to the Institute by sending an to zahtevi.zin@nbs.rs, containing the following data: date and time of the delivery of the goods, data on the Seller, names of the persons who will deliver the goods and the vehicle registration plate number. Upon the delivery of the goods, the Seller shall present the following documents to the Buyer: - commercial invoice (one original and two copies); - dispatch notice (one original) domestic Seller; - bill of lading (one original and two copies) foreign Seller; - packing list specification of delivered foils (one original and two copies) domestic Seller; - EUR.1, the document certifying that the goods are imported into Serbia from the European Union, or the Statement of authorisation on the invoice original (if the goods are from the European Union) foreign Seller. When delivering the goods, the Seller shall also provide other documents required for imports and customs clearance of goods, which are normally provided by the Seller foreign Seller. After the dispatch of the goods, the Seller shall deliver one original copy of the invoice to the Buyer as soon as possible, via a courier service express mail foreign Seller. During the validity of the Contract, the Buyer shall retain the right to change the quantity structure regarding the type of rolls, thereby not altering the total quantity in m 2 in agreement with the Seller, by Page 23 of 38

24 sending a written notification to the Seller. The Buyer shall not be obliged to compensate any material damage to the Seller that the Seller may incur due to the smaller-than-agreed delivery of the goods. The Seller shall provide such packaging that prevents damage to the goods during transport or transit to the place of delivery. The packaging shall be able to withstand, without limitation, rough handling during transport or transit. LIABILITY FOR LEGAL DEFICIENCIES Article 6 The Seller shall deliver the goods to the Buyer free from any rights or claims of third parties. The Seller shall be liable to the Buyer if there is a right or claim of a third party relating to the goods delivered that excludes, reduces or limits the right of the Buyer to their use and disposal. TAKEOVER OF THE GOODS Article 7 The takeover of the goods shall be performed at the place of delivery specified in Article 5 hereof in accordance with the documents accompanying the delivery. At the takeover of the goods, the Buyer shall assess whether the delivery is complete and whether the packaging has suffered any visible damage during transport, of which the Buyer shall make a Record (in case of a complete delivery with no defects the document Receipt ) of the Institute for Manufacturing of Banknotes and Coins Topčider, and shall inform the Seller thereof within 30 days of the takeover of the goods. In case of an incomplete delivery or visible damage to the packaging, the Buyer may resort to the legal means set out in Article 9 hereof, relating to the Buyer s right in case of material defects to the goods delivered. IRREGULARITIES IN THE DOCUMENTS ACCOMPANYING THE GOODS (FOREIGN BIDDER) Article 8 If any irregularities are ascertained in the submitted documents referred to in Article 5, paragraph hereof (depending on the Bidder), the Buyer shall immediately notify the Seller of those irregularities via and request that the Seller immediately delivers documents without irregularities referred to in Article 5, paragraph hereof (depending on the Bidder). If the Buyer incurred costs due to the submission of irregular documents referred to in Article 5, paragraph hereof (depending on the Bidder), the Buyer shall be entitled to request that the Seller submits a credit note within 8 days of receiving a written request from the Buyer, by which the Seller agrees that the Buyer reduces the value of the submitted invoice by the value of the costs incurred. Along with the request referred to in the previous paragraph, the Buyer shall submit to the Seller evidence proving the costs incurred as a consequence of the Seller's actions referred to in paragraph 1 hereof. MATERIAL DEFECTS NON-CONFORMITY Article 9 It is deemed that there are material defects non-conformity of the goods if the Seller delivers to the Buyer: - goods not in conformity with the samples submitted by the Seller; - goods of a kind other than that envisaged by the Contract; - goods whose quality, dimensions and/or characteristics are not in conformity with those specified in the bid and the Technical Specification; Page 24 of 38

25 - quantity of the goods smaller or greater than the quantity envisaged by the Contract (permissible tolerance up to ± 2%); - goods that are not packaged or protected as specified by the Contract. The Seller shall be liable to the Buyer for any material defect non-conformity that existed at the moment of transfer of risk to the Buyer, even if such material defect non-conformity became evident subsequently. The Seller shall also be liable to the Buyer for any material defect non-conformity that occurred after the transfer of risk to the Buyer and may be attributed to the breach of any obligation by the Seller under this Contract. The Buyer shall inspect the foils within 15 days of their takeover and inform the Seller of any material defects non-conformity, and in case of hidden defects, inform it immediately after detection. The Buyer shall send to the Seller the notification of any material defect non-conformity via or fax. Upon informing the Seller of a material defect non-conformity, the Buyer may: 1. Request that the Seller delivers other foils as a replacement at its own expense and risk within 30 days of the date of sending the request. 2. Request that the Seller delivers the missing quantity of the foils at its own expense and risk within 30 days of the date of sending the request. 3. Terminate the Contract in the manner and under the terms specified in Article 15 hereof. In each of the above cases, the Buyer shall be entitled to demand compensation for the damage. CONTRACTUAL PENALTY Article 10 If the Seller fails to perform the contractual obligation referred to in Article 1 hereof in the agreed deadline, provided such failure is not caused by the Buyer or due to force majeure, the Seller shall pay to the Buyer a penalty for each day of delay amounting to 0.2% of the total price specified in Article 3, paragraph hereof (depending on the Bidder), whereby the total contractual penalty for the delay may not exceed 10% of the total price specified in Article 3, paragraph 3 hereof. The contractual penalty referred to in paragraph 1 hereof shall start from the first day after the expiry date of the agreed deadline for the performance of the contractual obligation and shall count until the day the contractual obligation is performed, and at most until the day when the value of the calculated contractual penalty reaches 10% of the total price specified in Article 3, paragraph hereof (depending on the Bidder). If the Seller fails to perform the contractual obligation or performs it partially, the Buyer shall be entitled to charge a contractual penalty of 10% of the total price specified in Article 3, paragraph hereof (depending on the Bidder). The Seller shall submit a credit note for the purposes of paying the contractual penalty referred to herein within 8 days of receiving a written request from the Buyer. The Buyer s right to charge a contractual penalty shall not affect its right to demand damage compensation. FINANCIAL COLLATERAL Article 11 Financial collateral with which the bidder will guarantee the fulfilment of its obligations: a bank guarantee for good performance, potential payment of contractual penalty and removal of defects in the warranty period. The bank guarantee shall be unconditional and payable on first demand. It may not include additional conditions for payment, shorter deadlines than those specified by the Buyer, lower amount than specified by the Buyer or changed local jurisdiction for the resolution of disputes. Page 25 of 38

26 If the Seller provides the guarantee issued by a foreign bank, this bank s credit assessment shall correspond to at least credit quality step 3 (investment grade). If during the duration of the Contract the deadlines for the performance of the contractual obligation change or other circumstances arise which prevent the performance of contractual obligations, the validity of the bank guarantee shall be extended. The Seller shall submit a bank guarantee as financial collateral for good performance equalling 10% of the Contract value. The validity of the bank guarantee for good performance shall be at least ten days longer than the warranty period. Article 12 If the Seller fails to submit to the Buyer the credit note for the payment of contractual penalty in the deadline specified in Article 10, paragraph 4 hereof, the Seller hereby authorises the Buyer to charge contractual penalty and other costs against the bank guarantee set out in Article 11 hereof, in the amount of up to 10% of the total price specified in Article 3, paragraph hereof (depending on the Bidder). RIGHT TO DAMAGE COMPENSATION Article 13 Any failure to meet obligations shall entitle the other party to demand damage compensation, except in case of force majeure. WARRANTY PERIOD Article 14 Warranty period for the goods delivered is months from the date of receipt of the goods. If, due to malfunctioning, the goods were replaced, the warranty period shall start anew from the date of the replacement of the goods. COMING INTO EFFECT Article 15 This Contract shall come into force on the day it is signed by both parties. CONTRACT CANCELLATION Either party may cancel the Contract. Article 16 The parties shall agree that the notice period for the cancellation referred to in paragraph 1 hereof is 30 days starting from the day of submission of a written notification of cancellation and evidence of its justifiability. If either party cancels the Contract without a justified and objective reason that can be substantiated by evidence, the other party shall be entitled to charge the penalty in the amount of 10% of the total Contract value on the basis of unjustified cancellation. CONTRACT TERMINATION Article 17 Either party may terminate this Contract in case of non-performance of obligations envisaged by the Contract by the other party. Non-performance is declared if: a contractual obligation is not performed, if it is partially performed or if it is performed, but not in the manner stipulated by the Contract. Page 26 of 38

27 The party terminating the Contract shall inform the other party of Contract termination by sending a written notification via registered mail with a return receipt or via . OTHER PROVISIONS Article 18 Neither party may transfer this Contract or any right or liability thereof onto a third party. Article 19 The Seller shall immediately notify the Buyer in writing of any change in relation to the fulfilment of requirements in the public procurement procedure during contract validity and document it in the prescribed manner, stating the number of the Contract in the Buyer s records (G. No) and the number of the public procurement PP 90/2017. Article 20 In case of a domestic Bidder: Issues not regulated by this Contract shall be governed by the Law on Contracts and Torts. In case of a foreign Bidder: Issues not regulated by this Contract shall be governed by the Swiss Federal Code of Obligations. In case of a domestic Bidder Article 21 The parties shall agree to resolve amicably any disputes under this Contract. Any disputes that are not resolved amicably shall be resolved by the Commercial Court in Belgrade. In case of a foreign Bidder The parties shall agree to resolve amicably any disputes under this Contract. Any disputes that may arise herefrom or in relation hereto shall be conclusively resolved according to the rules of Foreign Trade Arbitration at the Serbian Chamber of Commerce, in accordance with its Rulebook. The arbitration shall be held in Belgrade. The language of the arbitration procedure and correspondence shall be English. In case of a domestic Bidder Article 22 This Contract is made in 6 (six) identical copies in Serbian, of which 3 (three) are intended for each party. In case of a foreign Bidder This Contract is made in 6 (six) identical copies in English, of which 3 (three) are intended for each party. FOR THE SELLER Stamp FOR THE BUYER Page 27 of 38

28 8 INSTRUCTIONS TO BIDDERS ON PREPARING THE BID 8.1 THE LANGUAGE OF THE BID The language of the bid may be either Serbian or English. 8.2 MANNER OF BID SUBMISSION 1) The bidder s bid and enclosures should be manually numbered (every page individually) with the clearly written number of the page out of the total number of pages (e.g. 1 of 2), initialled and stamped by the bidder. The complete documentation (bid) should be hole-punched, tied together with a string and sealed with sealing wax. 2) The bid must contain all evidence set out in Chapter 4 List of requirements for participation referred to in Articles 75 and 76 of the LPP and the Instructions on proving the fulfilment of the requirements, and must be submitted in the forms in the Tender Documents. All statements, the Bid Form and Model Contract which are integral to the bid must be filled-in, signed and stamped. 3) If the bidder participates independently or with a group of bidders, the bidder or the authorised representative of the group of bidders shall submit: No Form Chapter 1 Bid Form, with enclosures (Chapter 6.1) 2 3 Form of Statement of Bid Preparation Costs for the lot with respect to which the bid is submitted (not mandatory) Form of Statement on Legal Representatives (signed and stamped) (Chapter 6.4) (Chapter 6.5) 4 Model Contract (Chapter 7) The bidder participating independently and each bidder in a group of bidders, including the authorised representative of the group of bidders shall submit: No Form Chapter 1 Form of Statement of Independent Bid (Chapter 6.2) 2 Form of Statement of Compliance with Regulations (Chapter 6.3) The authorised representative of the Group of Bidders shall be the bidder which has been appointed as the leading member of the group, i.e. as the one which will submit the bid, sign forms in the Tender Documents on behalf of the group and represent the group of bidders before the contracting authority, according to the agreement referred to in Article 81 of LPP by which the bidders in a group of bidders commit to each other and to the contracting authority to jointly execute the public procurement. 4) If a bidder participates with a subcontractor, the bidder shall submit: No Form Chapter 1 Bid Form, with enclosures (Chapter 6.1) 2 Form of Statement of Bid Preparation Costs for the lot with respect to which the bid is submitted (not mandatory) (Chapter 6.4) 3 Form of Statement of Independent Bid (Chapter 6.2) 4 Form of Statement on Legal Representatives (signed and stamped) (Chapter 6.5) 5 Model Contract (Chapter 7) Page 28 of 38

29 A subcontractor shall submit the form that is filled out, signed and stamped: No Form Chapter 1 Form of Statement of Compliance with Regulations (Chapter 6.3) 5) The manner of obtaining the Tender Documents and the website where they have been made available for download: - Public Procurement Portal, portal.ujn.gov.rs; - Website of the contracting authority ( - The documents can be obtained in person at Nemanjina 17, Belgrade, Procurement Department, Public Procurement Division, every business day (Monday Friday), from 7.30 a.m. to 4.30 p.m. 6) Manner and deadline for bid submission: Bidders shall submit their bids in a sealed and stamped envelope, either by registered mail or in person, at the address of the contracting authority: National Bank of Serbia, Nemanjina 17, Belgrade, with the following note: Bid for the public procurement of goods OVD contour foil, PP 90/2017, do not open The name of the bidder, address and telephone number, and the name of its contact person shall be written on the back of the envelope. It is preferable that the bidder submits a copy of the bid along with the original. The original bid and the copy must be placed in separate envelopes, sealed and stamped, and placed together in another envelope marked Bid for the public procurement of goods OVD contour foil, PP 90/2017, do not open. The envelope with the original bid must be labelled Original bid for the public procurement of goods OVD contour foil, PP 90/2017, do not open. The envelope with the copy of the bid, in all aspects identical with the original, should be labelled: Copy of the bid for the public procurement of goods OVD contour foil, PP 90/2017, do not open. DEADLINE FOR BID SUBMISSION: 29 May 2017 by a.m. A bid shall be considered timely if it has arrived to the registry office of the contracting authority at Nemanjina 17, Belgrade by 29 May 2017 at a.m. A bid shall be considered untimely if it has not arrived to the registry office of the contracting authority at Nemanjina 17, Belgrade by 29 May 2017 at a.m. 7) Place, time and method of bid opening: Bid opening shall be public and performed immediately after the expiry of the deadline for bid submission, on 29 May 2017 at a.m. in office No 3077 at Nemanjina 17, Belgrade, in the presence of members of the Committee for this public procurement. 8) Requirements for representatives of bidders to attend bid opening: Bidders authorised representatives may participate in bid opening. Prior to the public bid opening, bidders representatives who are to attend the procedure of bid opening shall submit to the contracting authority letters of authorisation to prove their capacity. 9) Contact: javne.nabavke@nbs.rs, every business day (Monday Friday) from 7.30 a.m. to 4.30 p.m. 8.3 LOTS This public procurement is not split into lots. 8.4 BIDS WITH VARIANTS Bids with variants are not allowed. Page 29 of 38