I. 2) TYPE OF CONTRACTING AUTHORITY: Body governed by public law.

Transcription

1 Supply of pointe shoes for ballet dancers for the needs of artists of the Polish National Ballet at Teatr Wielki. Notice No.: ; Date of publication: CONTRACT NOTICE supply Publication of the notice: mandatory. The notice involves: a public contract. SECTION I: CONTRACTING AUTHORITY I. 1) NAME AND ADDRESS: Teatr Wielki - Opera Narodowa [Teatr Wielki - The National Opera], Plac Teatralny 1, Warszawa, woj. mazowieckie, telephone: , fax , , URL: I. 2) TYPE OF CONTRACTING AUTHORITY: Body governed by public law. SECTION II: OBJECT OF THE CONTRACT II.1) DESCRIPTION OF THE OBJECT OF CONTRACT II.1.1) Title attributed to the contract by the Contracting Authority: Supply of pointe shoes for ballet dancers the needs of artists of the Polish National Ballet at Teatr Wielki - The National Opera in Warsaw II.1.2) Type of contract: supplies. II.1.4) Object, quantity or scope of the contract: 1. The object of the contract consists of supply of pointe shoes for professional ballet dancers of the Polish National Ballet. Because pointe shoes constitute a personal and unique tool and an important part of stage costume, the Polish National Ballet was asked to present their preferences in this respect, i.e. to specify which types of ballet shoes would most closely correspond to the artists' expectations. The ballet dancers' team decided to choose pointe shoes of the following four brands: Freed pairs, Bloch -110 pairs, Sansha pairs, Gaynor Minden - 80 pairs. In accordance with Article 29(3), the Contracting Authority shall allow equivalent tenders. The choice of the above mentioned brands of pointe shoes is due to the assumption that every ballet artist should be given the opportunity to choose such pointe shoes as fit them best, particularly in terms of anatomical properties, due to the need to provide the artists with necessary equipment, ensuring achievement of optimized artistic effect and appropriate comfort of work. During an artistic performance of complicated dancing evolutions during ballet shows, such as jumps, leaps, combinations of pirouettes, the artist must feel comfortable enough to disregard their shoes as items of equipment not causing any inconvenience whatsoever. Pointe shoes must fit the dancer's feet and be fully acceptable by the dancer, as non-physiological position of the foot during an approximately 3-hour show, with enormous effort and fatigue requires appropriate professional footwear. Otherwise, artists are exposed to serious discomfort, making their work difficult and contributing to frequent injuries, which in extreme cases may involve a risk of becoming unable to practice

2 ballet. Therefore, the Contracting Authority has adopted a rule, which is a common practice in ballet dancers' teams in Europe and worldwide, according to which the dancers themselves should specify the types of pointe shoes that will offer them the desired level of comfort in their work. 2. The total quantity of pointe shoes covered by the contract is 915 pairs. The Contracting Authority may reduce the total order quantity by not more than 10% of the specified quantity. 3. Pointe sizes should include: 1) foot sizes from 33 to 41 European, in intervals of 0.5 for Freed, Bloch, Gaynor Minden models, or in intervals of 1 for Sansha models, 2) metatarsal width: at least 3 available width options, 3) heel height: at least 3 height options, 4. Regarding the pointe shoe fabrication method, the following options should be available: 1) pointe shoe depth (at least 2 different depth values available in every vamp size), 2) option to choose the vamp shape - U-shaped and V-shaped vamps available in every size, 3) option to choose vamp box hardness - 3 different hardness values available for each size, 4) option to choose platform shape (flat or rounded) in every size; 5) option to choose the sole bending point under the heel or arch, according to individual anatomical build of the foot, 6) option to choose sole hardness. 5. Every pair should have: 1) leather soles available in every size, except Recital by Sansha with artificial leather soles 2) extra binding (elastic or lace) for adjustment of the upper circumference of pointe shoe, 3) inside antiperspirant and antifungal pads. 6. Accessories for pointe shoes: drawstrings and additional feet stabilization - elastic or lace should be provided within the scope of the contract. 7. Regarding the materials used in pointe shoes, external fabric options should be available - glossy available in every size. 8. Colour of pointe shoe finishing fabric: pink. 9. Supplies shall be shipped in consecutive batches during a 10-month period following the effective date of signing the contract, with lead time, after the purchase order date, according to the time offered by the Contractor (in the section 2 in the Tender Form) and on such terms as specified in detail in the form of contract enclosed to the Terms of Reference as Attachment No. 6. The maximum implementation deadlines for the supplies allowed by the Contracting Authority for individual types of pointe shoes under a pain of tender rejection are specified in section 2 of the Tender Form. 10. Before commencement of execution of the first delivery, on the date agreed by the Parties, the Contractor's representative shall deliver all models of pointe shoes for trying on and selection by dancers to the Contracting authority's place of business, at the Contractor's expense (for Freed brand: 7 models, 0.5 size intervals; Bloch brand: 16 models, 0.5 size intervals; Sansha brand: 6 models, 1 size intervals; Gaynor Minden brand: 2 models, 0.5 size intervals; sizes from 33 to 41 - EU), and shall take measure of the dancer's feet for custom made pointes, brand: Freed, Bloch, Gaynor Minden 11. After supplying the first lot of pointe shoes to the Contracting Authority, the Contractor shall be able to make adjustments to pointe shoe sizes, within 30 days of written notice of the need of such adjustments 12. If any defects or nonconformities are found in the supplied pointe shoes which are not due to misuse by the dancer, or mechanical damage caused without the dancer's default, the

3 Contractor shall deliver new fault-free shoes within the specified time, at the Contractor's expense. 13. The Contractor shall attach to his tender a detailed technical description of the offered object of contract, including photos of pointe shoes, to verify that the pointe shoes to be delivered will meet the requirements defined in sections 3 through 8 above. II.1.6) Common procurement vocabulary (CPV) II.1.7) Partial tenders will be accepted: no. II.1.8) Variants will be accepted: no. II.3) DURATION OF THE CONTRACT OR TIME-LIMIT FOR COMPLETION Duration in months: 10. SECTION III: LEGAL, ECONOMIC, FINANCIAL AND TECHNICAL INFORMATION III.1) SECURITY DEPOSIT Tender security deposit information: The Contracting Authority does not require a security deposit. III.3) REQUIREMENTS FOR PARTICIPATION IN THE PROCEDURE, DESCRIPTION OF ASSESSMENT OF FULFILLMENT OF THESE CRITERIA III.3.1) Certification or authorization to engage in specific activities if such certification or authority is required under applicable laws III.3.2) Knowledge and experience o The Contracting Authority shall consider this requirement duly complied with if the Contractor can prove that during the last 3 years preceding the lapse of the time limit for submission of tenders (and if the overall duration of the Contractor's business activities is shorter, then during such shorter period), the Contractor completed at least one supply of pointe shoes for each of the following four brands: o a) Freed at a minimum quantity of 200 pairs, supply value not less than PLN 100,000 (gross); o b) Bloch at a minimum quantity of 100 pairs, supply value not less than PLN 50,000 (gross); o c) Sansha at a minimum quantity of 50 pairs, supply value not less than PLN 50,000 (gross); o d) Gaynor Minden at a minimum quantity of 40 pairs, supply value not less than PLN 50,000 (gross).

4 o The Contracting authority shall allow a single supply comprising a total of two, three, or all the types of pointe shoes provided that the respective requirement concerning the quantity and value of supply is duly fulfilled for each type of pointe shoes. o To verify the above, a list of supplies referred to in IX(1.2) of the Terms of Reference (ToR) shall be presented; III.3.3) Technical capacity III.3.4) Personnel resources capable of executing the contract III.3.5) Economic and financial capacity III.4) STATEMENTS AND DOCUMENTS TO BE SUBMITTED BY CONTRACTORS TO VERIFY COMPLIANCE WITH THE PARTICIPATION CRITERIA AND NO MANDATORY EXCLUSION PURSUANT TO ARTICLE 24(1) OF THE ACT. III.4.1) With regard to verification of compliance by a contractor with the requirements referred to in Article 22(1) of the Act, the following shall be submitted apart from statement of compliance with the participation criteria: a list of major supplies or services completed, or pending in case of cyclical or continuous services, during the last 3 years preceding the deadline for submission of tenders or requests for participation in the procedure or, if the overall duration of the contractor's business activity is shorter, then during such shorter period, specifying the values, objects, completion dates and clients, with attached documents to demonstrate that these supplies have been completed or are being carried out properly; identification of supplies or services that must be listed by the contractor or for which certification must be provided, including information about any supplies or services not performed or performed inadequately. Pursuant to 1(4) of the Documents Regulation, the Contracting Authority requires that the above list includes at least the supplies identified in part VIII.1.2 of the ToR. Documents to certify adequate completion of supplies should be presented in the form of credentials or representations as described in 1(2), respectively under points 1 and 3 of the Documents Regulation, save as 1(3) of the Documents Regulation, i.e. if the Contracting authority is an entity to whom the services indicated by the Contractor in the list have already been performed, the Contractor is not obliged to submit documents confirming their proper performance; III.4.2) The following shall be submitted as confirmation of non-existence of

5 grounds for mandatory exclusion under Article 24(1) of the Act: a statement of non-applicability of reasons substantiating exclusion; current excerpt from the appropriate registry or the central register and information about economic activities if registration is required under separate legislation, to demonstrate non-existence of reasons substantiating exclusion on the basis of Article 24 (1.2) of the Act, which must be issued not earlier than 6 months before the deadline for submission of requests to participate in the procedure or submission of tenders; III.4.3) Documents of foreign entities If a Contractor is incorporated or domiciled outside the territory of the Republic of Poland, then: III.4.3.1) a document issued in the tenderer's country of incorporation or domicile, certifying that: no winding-up procedure has been opened against him nor has he been pronounced bankrupt (such certificate must be issued not earlier than 6 months before the deadline for submission of requests to participate in the contract procedure or submission of tenders); III.4.4) Documents concerning membership of the same group of companies A list of companies being members of the same group of companies as defined by the Competition and Consumer Protection Act of 16 February 2007, or information of not being a member of a group of companies; III.5) INFORMATION OF DOCUMENTS TO VERIFY THAT THE OFFERED SUPPLIES, SERVICES OR WORKS MEET THE SPECIFIED REQUIREMENTS To verify compliance of the offered works, supplies or services with the specified requirements, the following shall be submitted: samples, descriptions and/or photos of products to be supplied, the authenticity of which must be certified by the Contractor if the Contracting Authority so requests; III.6) OTHER DOCUMENTS Other documents not enumerated under III.4) or III.5) 1. If such documents as mentioned in section III are not customarily issued in the contractor s country of incorporation or domicile, these should be substituted by a document containing a statement, in which the authorized representatives of the contractor shall be identified accordingly, given before a competent court, administrative authority or professional or economic self-government body of the person s place of domicile, or the private partner s country of incorporation or domicile, respectively, or before a notary public. Such documents should be issued within the time specified above. 2. Contractors tendering jointly (such as a consortium) shall nominate a proxy to represent them in the tender procedure or to represent them in the tender procedure and to sign the public contract, pursuant to Article 23(2) of the Act. The Contracting authority requires the tender to be accompanied with the original or an authentic copy certified by a notary public of the power of attorney instrument. Each of such contractors should submit the documents referred to in Section

6 III.(4.2). The statement mentioned in Section IX(1.1) of the ToR can be submitted through the nominated proxy, or signed by all the consortium members. A document such as specified under Section III (3.2) can be submitted jointly. SECTION IV: PROCEDURE IV.1) AWARD PROCEDURE IV.1.1) Contract award procedure: open procedure. IV.2) TENDERS EVALUATION CRITERIA IV.2.1) Tenders evaluation criteria: the price and other criteria related to the object of contract: 1. Price Delivery time, from the purchase order date - 30 IV.3) MODIFICATION OF THE CONTRACT Certain significant changes are envisaged to the terms and conditions of the executed contract as compared to the contents of tender on the basis of which the successful contractor was selected: Acceptable modifications of the terms of contract, identification of modification conditions Acceptable modifications to the terms of the contract and modification conditions are given in the form of contract in Attachment No. 6 to the Terms of Reference IV.4) ADMINISTRATIVE INFORMATION IV.4.1) URL with the Terms of Reference: A copy of the Terms of Reference can be obtained from: If requested by a Contractor, a copy of the Terms of Reference can be obtained at the Contracting authority s registered office in Warsaw at Pl. Teatralny 1, main office, room A-148, entrance from ul. Moliera 5, reception desk IV. IV.4.4) Final date for receipt of requests to participate or tenders: at 12:00 CET, location: Main Office of Teatr Wielki - Opera Narodowa, Warszawa Pl. Teatralny 1, room A-148, entrance from ul. Moliera 5, reception desk IV. V.4.5) Tender validity period: time in days: 30 (after the final date for receipt of tenders). IV.4.17) Can the contract procedure be cancelled in the event of not receiving Community funding or non-returnable subsidy from European Foreign Trade Agreement Member States, which the Contracting authority intended to allocate to financing the whole or part of the contract: no