Terms and Conditions of Participation

Eligibility and rules of origin participation: It is open to all legal persons [participating either individually or in a grouping (consortium) of tenderer and foreign companies] which are established in any country or territory of the regions covered and/or authorized by the specific instruments applicable to the program under which the contract is financed. All goods supplied under this contract must be of good quality. Participation is also open to international organizations. Participation of natural persons is directly governed by the specific instruments applicable to the program under which the contract is financed.

Agents

Every tenderer must have a local agent as part of his/her representatives.

Tender Submission

Tenderer must submit a signed declaration such as Proforma Invoice, including the Tender Application Form.

Number of Tenders

Tenderer may submit only one tender per lot. Tenders for parts of a lot will not be considered. Any tenderer may state in its tender that it would offer a discount in the event that its tender is accepted for more than one lot.

Performance Guarantee

The successful tenderer will be asked to provide a performance guarantee in writing immediately after receipt of award notice before the signing of the contract. This guarantee must be provided together with the return of the counter-signed contract no later than 5 days after the tenderer receives the contract from the Contracting Authority. If the selected tenderer fails to provide such a guarantee within this period, the contract will be void and a new contract may be drawn up and sent to another tenderer which has submitted a competitive price.

Required Documents

The following documents are required to be submitted by supplier as their contract supply documents:

• A letter of commitment to be issued by the contractor/supplier from the local agent.
• Contractor to issue an irrevocable undertaking letter or letter of acceptance that they would supply the goods as specified in their proforma invoice/technical terms and in a timely manner once their order is signed and paid.
• Submission by the contractor of all corporate documents relating to their incorporation.

Signing of the Contract

Contract can be signed and sent electronically i.e. by email. Should the commission request that the participating tenderer(s) appear in person, then they should avail themselves at this invitation.

Legal Guarantor

As per contractual laws of the member states, every contract winner is mandated to provide a legal representative (Attorney) of national origin who should be a senior advocate of the country.

Tax

Every tenderer that wins a contract may be under obligation to pay government taxes where needed.

Payment Terms

Every contract winner receives 80% as advance payment while 20% against receipt of photocopy of shipping documents.

Meetings and Site Visits

Information on meetings and/or site visits. No information meeting is planned, but will be duly communicated by both parties represented on any short notice.

Tender Validity

Tenders must remain valid for a period of 60 days after the deadline for submission of tenders.

Period of Implementation

The approved items shall be delivered (and installed, where required) within 360 days from the date of contract.

Selection and Award Criteria

The following selection criteria will be applied to tenderers. In the case of tenders submitted by a consortium, these selection criteria will be applied to the consortium as a whole:

1. The average annual turnover of the tenderer must exceed the invoice value by a maximum of 10%.
2. The financial situation of the tenderer should not be in deficit, taking into account debts, at the beginning and end of year.
3. The tenderer has worked successfully on at least one project valued at 10% of this contract in fields related to this contract in the past two years. An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It must in that case prove to the Contracting Authority that it will have at its disposal the resources necessary for performance of the contract, for example by producing an undertaking on the part of those entities to place those resources at its disposal. Such entities, for instance the parent company of the economic operator, must respect the same rules of eligibility and notably that of nationality, as the economic operator.
4. The Contracting Authority must reply to all tenderers' questions at least 11 days before the deadline for submission of tenders. Eventual clarifications or minor changes to the tender dossier shall be sent to them through their local agent.
5. Language of the procedure: All written communications for this tender procedure and contract must be in English.