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CONTRACT OPPORTUNITIES ADITIONAL INFORMATION
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Project reference: 2009-108369
Title: CONTRACT NOTICE FOR THE SUPPLY OF SCIENTIFIC MATERIALS AND INSTRUMENTS
Complementary information: REPLIES TO ADMINISTRATIVE QUESTIONS RAISED BY BIDDERS
Date of dispatch : 26-10-2009
Additional information:
BIDDER 1
Dear Sirs,
Our company would like to answer to Project 2009-108369 - item 4.1 – Prog. Waf. For Tester, and as we are a Portuguese Company we have the following doubts:,
1 - Official Documents as for instance “Criminal Registry “ and the “Commercial Registry” can be sent in Portuguese ?
2 – As a Portuguese company which are the most important Documents that we are obliged to sent?
Thanks
REPLY 1
Dear Mrs. Mendes,
Regarding to your questions, we make the following considerations:
The answer to question no. 1 is in clause 27 of the Standard Specifications.
The answer to question no. 2 is that you should send all the documents set out in the Standard Specifications.
Yours sincerely,
BIDDER 2
Dear INL Legal Office,
thank you for your answers.
Unfortunately it is still not clear to me the last answer here below, you said to refer to clause 5 of standard specification. Where is clause 5 in the Standard Specifications document?
Thank you very much,
REPLY 2
Regarding to your questions related to the Standard Specifications to govern the contract for the supply of scientific material and instruments to the International Iberian Nanotechnology Laboratory", we make the following considerations:
All the tenderers must be evidenced its technical and professional ability in the way set out in clause 5 of the Standard Specifications. The assessment of the documentation which evidences the technical and professional ability of the tenderers is a task of the Selection Committe. At this moment, it is not possible to make the assessment of the documents that you name in your e-mail.
Yours sincerely,
INL Legal Office
BIDDER 3
Dear Sir/Madam
Reference Section 14 Guarantee (Page 22)
The second paragraph commencing ´Nevertheless...... makes reference to ´downturn´ payments.
Please could you explain what is the meaning of ´downturn´ payment?
We assume this may mean ´down-payment´ or ´advanced payment´ but we would like clarification of the word ´downturn´ as this is not understood.
Thank you in advance and we would appreciate an answer to the above as soon as possible and to our previous e-mail communication dated 16th Oct regarding our question raised regarding ´Authentic copy of passport´ and our e-mail communication dated 15th Oct regarding question raised referring to Section 14 Guarantee (Page 22).
REPLY 3
Regarding to your question, we make the following considerations.
A copy of the passport duly signed by a lawyer/legal witness will be accepted if the lawyer/legal witness has enough legal authorization to do so, in accordance with the legal order of the country where it has been signed.
Yours sincerely,
BIDDER 4
Please clarify the following:
Page #5…Item 3 , #1): The annual accounts filed at the Commercial Registry….Alternatively, duly legalized books of account.
Please explain as we do not have filing of annual accounts except in the form of a federal and state tax return which is not for public information.
However, one of the official State documents I will send states that we are in good standing. Is this sufficient ?
Page # 10, Envelope B: Paragraph #2.
Natural or legal persons from States………
Must we have some document notarized at the Portugese Embassy, or will an official document of the Company’s Articles of Organization be sufficient?
Are Schedule IV and V to be returned with the Tender response ?
REPLY 4
Regarding to your questions, we make the following considerations:
The answer to question no. 1 is in clause 5 of the Standard Specifications. Nevertheless, you should take into account that when we use the terms anual accounts, we are also refering to annual financial statements. These include the balance sheet, income statement, statement of retained earnings, statement of cash flows and possibly others. Furthermore, you should consider clause 10 of the Standard Specifications.
The answer to question no. 2 is in clause 6 of the Standard Specifications.
The answer to question no. 3 is that Schedule I, II and III must be enclosed within the tenderer´s proposal. Schedule IV will be only requested to the awardee.
Yours sincerely,
BIDDER 5
We are considering whether or not to submit an offer under the the public tender recently issued by your laboratory. Our general feeling presently is negative towards quoting, however, before we make our decision we would appreciate some clarifications.
1 On page 13 – 2 PRICE (0 to 35 points)
“ For such purposes, tenders that propose the maximum tender price set in these
Specifications as the award price shall be given a score of zero (0), whereas the tender that
proposes the best price shall be given a score of twenty five (35). On the basis of this award
criterion, the score to be given to the remaining tenders the award price of which falls
within this range shall be calculated on a proportional basis.”
Please clarify which correct twenty five or (35)?
2 On page 13 – 2 PRICE (0 to 35 points)
“ For such purposes, tenders that propose the maximum tender price set in these
Specifications as the award price shall be given a score of zero (0), whereas the tender that
proposes the best price shall be given a score of twenty five (35). On the basis of this award
criterion, the score to be given to the remaining tenders the award price of which falls
within this range shall be calculated on a proportional basis.”
Please clarify – where there are two vendors bidding, vendor A bids at the the maximum tender price and Vendor B bids at the maximum tender price minus a token amount a score of zero (0) and thirty-five (35) respectively is unfairly awarded?
3 On page 24 – 16
“In addition to the foregoing, the contractor shall be liable for all industrial property or
commercial property claims, and must indemnify and hold the public authorities harmless
from and against any damage or loss that may be occasioned to them as the result of a
claim being filed.”
This may be unacceptable. Please clarify if a vendor rejects this liability, or restricts it by qualification, does it automatically disqualify them from the process of consideration?
REPLY 5
Regarding to your questions, we make the following considerations:
The answer to question no. 1 is that the correct maximum score is 35.
The answer to question no. 2 is that the assessment of the proposed prices by the tenderers will be done as set out in clause 7 of the Standard Specifications. This task is responsibility of the Selection Committee.
The answer to question no. 3 is that the standard conditions, due to procedure selected by the INL to award the contract, cannot be subject to any modification. So that if your company decides to submit a proposal for the present procedure, you must take into account that it will imply unconditional acceptance of the standard and the technical specifications, without any reservation or exception, as set out in clause 6 of the standard specifications. Likewise, this obligation arises out of the provisions of Directiva 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works, public supply contracts and public service contracts.
Yours sincerely,
BIDDER 6
We are considering whether or not to submit an offer under the the public tender recently issued by your laboratory. We are uncertain as to what industrial property or commercial property the paragraph below refers and would appreciate clarification. We have asked professional bodies their opinions and have received different conflicting comments.
On page 24 – 16
“In addition to the foregoing, the contractor shall be liable for all industrial property or
commercial property claims, and must indemnify and hold the public authorities harmless
from and against any damage or loss that may be occasioned to them as the result of a
claim being filed.”
REPLY 6
Regarding to your question, we make the following considerations:
We are referring to the industrial property or commercial property of the supplied goods to the INL.
Yours sincerely,
INL Legal Office
BIDDER 7
We will tender as a legal company settled in XXXXXX and will also submit with the tender an extract from the trade register of the chambers of commerce.
The legal structure of our company is XXXXXXXXXXXXXXXX ( Private Limited )
Is it in this case also still necessary to submit a "judicial record" (see point 5 of the standard specifications, bottom paragraph at page 4) of a single person within the company ? , Normally this is not required as far as we know.
We, XXXXXXXXXXXXX, are part of the XXXXXXXXXXXXXX Group and are the European Sales and Service organisation.
2.
The filled out Schedule 1 ( request to particpate ) have to go in envelop B ?
3.
Besides a reply to the techncial specification part of the tender (that goes into envelop A),
we will also write a reply to the standard part of the tender. Do this go also in envelop A ?
4.
You write at point 22 of the standard specifications that payments will be made within the periods as set in schedule V.
However I do not see any payment schedule listed in schedule V.
In the case of the E-beam lithography system you mention only a expected deliverytime of 10 months.
I assume this is the time from moment of contract award. ( date of the Purchase Order )
So for the moment we will just submit our own payment terms.
I just want to make sure that we do not make any mistakes on the legal / administration issues.
REPLY 7
Dear Sir,
Regarding to your questions, we make the following considerations:
The answer to question no. 1 is that you have to enclose the judicial record or equivalent document related to your company.
The answer to question no. 2 is that it makes no difference whether you enclosed it or not with envelope B. However, you should ensure you send that request with all the documents related with your proposal to participate in the tender.
The answer to question no. 3 is that all the documents that you should enclose in envelope A and B are set out in clause 6 of the Standard Spefications.
The answer to question no. 4 Considering that among the award criteria is the price within it will be valued the absence of payments on account and the granting of more time to make the different payments, each tenderer should propose its ways of payment. The delivery time will be reckoned since the date of the conclusion of the contract.
INL Legal Office
BIDDER 8
Dear Sir,
Thank you for your answer relating to clause 16. Our correct understanding of this point is very important, so please excuse a further question.
By the industrial property or commercial property of the supplied goods to the INL does this relate to matters such as intellectual property, or something else?
REPLY 8
In order to get the right comprenhension of the clause 16 of the Standard Specifications, you should take into account that we are referring to any claim, related to intellectual property or patent of the supplied goods to the INL, that might cause damages to the INL.
Yours sincerely,
BIDDER 9
We will offer one piece of equipment for Lot 3.1 (Multi - Target PVD cluster tool) and two technically different pieces of equipment for Lot 3.3 (PVD tool for metallization and passivation), labelled as 3.3 (A) and 3.3 (B).
We understand from the "Standard Specifications .... " as given by INL that we have to submit for each of these offers 3.1, 3.3(A) and 3.3(B) a separate envelope A, containing the respective "Economical Proposal".
Could you please confirm, that this is the formally correct procedure according your "Standard Specifications .... ".
REPLY 9
Regarding to your question, we make the following consideration:
In accordance with the Standard Specifications, you must submit only an economical proposal, in which, you have to enclose all the documents of the different lots in which you want to make a proposal. In order to make your economic proposal, you should take into account schedule III.
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