TENDER FORM Attachment no. 1 NAME OF TENDERER:... ADDRESS:... DISTRICT... PROVINCE...... TEL./FAX/ E-MAIL... Tax Identification Number...REGON Number... BANK/ ACCOUNT NUMBER... To: Institute of Metallurgy and Material Science of Polish Academy of Sciences 25 Reymonta Street, 30-059 Kraków Acceding to the procedure of the public procurement whose subject is: the delivery of a device applied in directional crystallization during annealing, I hereby offer the execution of the subject of the order, according to the provisions described in the specification of the significant order conditions: Net price:... PLN Gross price (if applicable)...... PLN, Gross price in words:..., The above price includes VAT (if applicable) in the amount of... % that is... PLN Contract fulfillment deadline........, Warranty period..., Deadline for defect/failure elimination..., Location,..., date....... Signature of (a) person(s) authorized to represent the tenderer
We also certify that: 1. We consent to the deadline of the payment of the invoice which we have issued of 21 days from the date of the receiving of the invoice by the Orderer, 2. We declare that we have become familiar with the specification of the order and have no objections to its contents, and also, we have acquired the necessary information for the preparation of the tender, 3. We accept the conditions included in the contract draft attached to SIWZ, and in the case of the selection of our tender, we oblige to conclude the contract according to the above mentioned conditions, 4. We declare to be bound with this tender, for the time described in the specification of the significant conditions of the order, 5. We declare the following persons to be authorized to represent our company: First and Last Name Signature 1.. 2.. The authorization of the above mentioned persons is verified by the following documentation...,..., which is attached to the tender. 6. The attachments to our tender are as follows: 1)... 2)... 3)... 4)... 5)... 6)... 7)... 8)... 9)... Location,..., date....... Signature of (a) person(s) authorized to represent the tenderer
Załącznik nr 2 (Appendix nr 2) (Pieczęć Wykonawcy) INFORMACJA W Polsce zasady, formy i tryb udzielania zamówień publicznych, organ właściwy w sprawach o zamówienia publiczne, a także tryb rozpatrywania odwołań złożonych w toku postępowania o udzielenie zamówienia publicznego, określa ustawa z dnia 29 stycznia 2004 r. Prawo zamówień publicznych (Dz. U. z 2010 r. nr 113, poz. 759 z późn. zm.). Uwaga: Angielski tekst ustawy zamieszczono poniżej tylko informacyjnie. Tylko oficjalny polski tekst ustawy może być rozpatrywany jako autentyczny. http://www.uzp.gov.pl/ Artykuł 22 ustawy 1. O udzielenie zamówienia mogą ubiegać się wykonawcy, którzy spełniają warunki, dotyczące: 1. posiadania uprawnień do wykonywania określonej działalności lub czynności, jeżeli przepisy prawa nakładają obowiązek ich posiadania; 2. posiadania wiedzy i doświadczenia; 3. dysponowania odpowiednim potencjałem technicznym oraz osobami zdolnymi do wykonania zamówienia; INFORMATION In Poland the Act of 29 January 2004 on Public Procurement Law determines the principles, forms and procedures for awarding public procurement contracts, the appropriate organs of government in matters related to public procurement, and procedures for reviewing appeals filed during the course of procurement proceedings. (Journal of Law of 2010 No113, item 759). Note: The English translation of the Act below has been provided for information purposes only. Only the official Polish text of the Act should be considered authentic. http://www.uzp.gov.pl/ Article 22 of the Act 1. Eligible to compete for a contract shall be economic operators who meet the conditions related to: 1. authorisations to perform specific activities or actions, if such authorisations are required by the law; 2. knowledge and experience; 3. appropriate technical potential and personnel capable of performing a contract; 4. sytuacji ekonomicznej i finansowej; 4. economic and financial standing Artykuł 24 ust. 1 ustawy Article 24 paragraph 1 of the Act 5. oświadczamy, że brak jest podstaw do wykluczenia nas na podstawie okoliczności, o 5. are not liable to exclusion from the award procedure (art. 24 paragraph 1 of the act, Dz.
których mowa w art. 24 ust 1 ustawy PZP (Dz. U. z 2010 r. nr 113, poz. 759 z późn. zm.). U. z 2010 r. nr 113, poz. 759 z późn. zm.). Oświadczenie ( Art. 22 ust. 1 ustawy z dnia 29 stycznia 2004 r Prawo zamówień publicznych) The declaration ( the Article 22 paragraph 1 of the act of 29 January 2004 on Public Procurement Law) Nazwa dostawcy lub wykonawcy: The name of supplier or contractor: Adres: The address: Nr zamówienia publicznego: The number of public procurement: PN-1-2011 Sprawa: Signature: Potwierdzamy, że spełniamy w całości warunki określone w art. 22 ust. 1 ustawy z dnia 29 stycznia 2004 roku o zamówieniach publicznych. We are confirming the fulfilment of the conditions referred to in article 22 paragraph 1 of the Act of 29 January 2004 on Public Procurement Law Data The date: 2011 Miejscowość The place: Podpis / podpisy dostawcy lub wykonawcy The signature /signatures of supplier or contractor:
Attachment no. 3 TECHNICAL PARAMETER DESCRIPTION No. Tenderer s Stamp Technical parameters
CONTRACT DRAFT Attachment no. 4 Signed on... in Kraków, as a result of the selection of the tender by way of an open tender no. PN-1-2011 between: Institute of Metallurgy and Material Science of Polish Academy of Sciences in Kraków, located at: 25 Reymonta Street, 30-059 Kraków Tax Identification Number 6750001857, REGON Number 000326374, Represented by: Director General Prof. XZ. PhD. Eng. Bogusław Major further referred to as Purchaser and......., located at:....., Tax Identification Number., REGON Number..., represented by:.. PESEL Number......, further referred to as Vendor, further referred to as Parties 1 1. The subject of this contract is the delivery of a device applied in directional crystallization during annealing. 2. A detailed specification of the subject of the contract is given in the Vendor s tender dated..., which constitutes an integral part of this contract. 2 1. The Vendor obliges to deliver and install the subject of the contract at the Institute of Metallurgy and Material Science of the Polish Academy of Sciences, located at 25 Reymonta Street, Kraków within...., days from the date of signing this contract, that is by....,.
2. Additionally, the Vendor obliges, without the right to a bonus payment, to train the personnel of the Purchaser (at least 3 persons) in the field of the operation of the subject of the contract. 3. The delivery of the subject of the contract to the Purchaser should take place at the location described in Paragraph 1 at the time agreed with the Purchaser. 4. The deadline of the delivery and installation of the subject of the contract is understood as met, if by that date, the Vendor delivers the subject of the contract to the agreed location in a complete state, according to the conditions described in the Vendor s tender, and installs it. 3 1. The parties agree the net price for the subject of the contract, described in detail in 1, to be...., (in words:.., ) 2. The gross price is...., PLN, the VAT rate is... %, and the VAT value is...., PLN. 3. The price includes the amount which the Purchaser is obliged to pay for the subject of the contract and its delivery to the location described by the Purchaser, as well as its installation and the training. The price includes in particular the costs and fees related to the delivery of the subject of the contract; transport charges, insurance, duty, loading and unloading, documentation necessary for regular usage, installation, training, maintenance and repair of the subject of the contract. 4. The risk of the loss of the subject of the contract during the transport lies on the side of the Vendor. 4 1. The amount mentioned in 3 Paragraph 1 will be paid by the Purchaser within 21 days from the date of the receiving of the invoice issued by the Vendor, after receiving the subject of the contract. 2. The parties agreed that the payment of the due amount will be performed via bank transfer to the bank account of the Vendor, number...., 3. The parties decide that the payment is valid from the day of charging the bank account of the Purchaser. 4. In the case of not fulfilling the deadline of payment, the Vendor has a right to charge the Purchaser with legal interest for each day of delay. 5 1. The parties establish the responsibility for not fulfilling or partial fulfilling of the contract in the form of conventional penalties. 2. The Vendor will pay conventional penalties to the Purchaser: 1) for a delay in the delivery or installation of the subject of the contract, the value of the contract is reduced by 0,1% for each commenced day of delay, but not more than 5 % of the net value of the order; 2) for a delay in the elimination of failures stated at the receiving or within the warranty period - a charge of 0,05 % of the price mentioned in 3 Paragraph 1 for each day of delay,
counted from the day assigned for the elimination of the failures, but not more than 5 % of the net value of the order; 3) in the case of a withdrawal from the contract by either party, for the reasons lying on the side of the Vendor - in the amount of 10% of the price described in 3 Paragraph 1. 3. The Purchaser will pay a conventional penalty to the Vendor for the withdrawal from the contract for the reason lying on the side of the Purchaser, in the amount of 10% of the price described in 3 Paragraph 1. 4. The payment of conventional penalties does not exclude claiming damages for a damage whose value exceeds the value of the conventional penalties. 5. Neither party will be responsible to the other party for not fulfilling or partial fulfilling of their obligations within the Contract, if the non-fulfilling or partial fulfilling of these obligations is a result of a force majeure. By a force majeure the Parties understand any extraordinary external events, impossible to foresee, such as: disasters, fires, floods, explosions, social disorders, warfare activities, national or administrative authority acts, which partially or completely prevent the Parties from fulfilling the obligations to be implemented within the Contract. 6 1. The Purchaser can withdraw from the contract in the case of a significant change of circumstances, which makes the fulfillment of the contract not in accordance with the public interest; which could not be foreseen at the time of its conclusion, by notifying the Vendor in writing, within 30 days from the receiving of the information on the above mentioned circumstances. In this case, the conclusions concerning the conventional penalty do not apply. 2. In the case of exceeding the delivery deadline by at least 30 days from the day described in 2 Paragraph 1, the Purchaser has a right to withdraw from the contract, charging the penalties described in 5 Paragraph 2 Item 3) 7 1. The Vendor grants warranty for the purchased equipment being the subject of the contract for the period of... months, on the conditions described in detail in the warranty documentation, which constitutes an attachment to the contract. 2. In the case when the repair lasts longer than 14 days, the warranty period will be due prolonged by the duration time of the repair (counted from the day of reporting the failure to the time of its elimination). 3. The detailed service conditions are described in an attachment to the contract. 8 The Purchaser will provide the necessary organizational conditions which make the equipment and personnel of the Purchaser available to the Vendor, to the extent necessary for the fulfillment of this contract. 9 1. Any change of the provisions of the contract may take place by the agreement of both parties, expressed in writing, under pain of nullity of such a change.
2. The Purchaser may allow, upon the request of the Vendor, for a change of the offered devices, on condition that the proposed devices possess better parameters, and the contractual price does not change. 10 The court proper for the resolution of the disputes originating in the context of the fulfillment of this contract is the court of proper jurisdiction of the Purchaser. 11 In the cases not regulated by this contract, the civil code regulations and the Public Procurement Act are applied. 12 All the attachments constitute an integral part of this contract 13 The contract was produced in 3 identical copies; 2 for the Purchaser and 1 for the Vendor... Purchaser.. Vendor
Attachment no. 5 (Tenderer s Stamp) WARRANTY The subject of proceedings: delivery of the device applied in directional crystallization during annealing Mode: open tender TENDERER S NAME:... ADDRESS:... 1. The warranty period for the whole of the order (materials, labour) equals:... from the date of the execution of the order, 2. Warranty inspections of the delivered equipment :... 3. The warranty service includes: 1) Warranty repair, that is restoring the lost values to the subject within... from the date of the report made by the orderer 2) Reimbursement of the costs of such a repair, implemented by the orderer, in the case when the latter two times unsuccessfully called on the Tenderer to perform the repair. 3) Exchange of the faulty device (unit) into one free of faults, after two unsuccessful warranty repairs. 4. Warranty service organization. The Tenderer declares to render the warranty service:.......... (enter: personally or by means of other service stations name, address, phone number) 5. The Tenderer declares to perform free of charge all the actions described in point 2 and 3, by the deadline described in point 1 of this Document. 6. The Tenderer declares to guarantee the availability of spare parts and of authorized post-warranty service for the period of at least 4 years from the warranty s expiry. Location,..., date....... Signature of (a) person(s) authorized to represent the tenderer