www.ipatransmed.irb.hr

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Question

Answer

1

Our company is founded in year 2009 and therefore we do not have financial data for the year 2008.  Can we still participate in the tender?

Since the request for financial data is relating to three years (2008, 2009 and 2010), then firms must have data for all three years to be eligible as a tenderer.

2

Could you please confirm if projects in which following equipment is included are considered Life Science projects?

1.       Liquid Chromatography (HPLC, LC-MS)

2.       Gas Chromatography (GC, GC-MS)

Based on our opinion, projects in which the equipment stated is included are considered Life Science projects.

3

In Supply procurement notice article 16. Selection and award criteria it is stated that:

“In the case of tenders submitted by a consortium, these selection criteria will be applied to the consortium as a whole”   - implying that not all consortium members have to completely comply with all requirements, but consortium as a whole, which is the reason of joint venture.

Question: Is it acceptable and in accordance with documentation (article 16. Selection and award criteria) if only one member (leader) of the consortium meets ALL the requirements and other member partially meets the criteria?

In the case of tenders submitted by a consortium, selection criteria stated in the article 16. Selection and award criteria of the document Supply procurement notice will be applied to the consortium as a whole. In that case not all consortium members must satisfy respective criteria individually.

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

In Instructions to tenderers, article 18.2 it is stated that :

Each member of such joint venture or consortium must provide the proof required under Article 3.5 as if it, itself, were the tenderer.

3.5 To be eligible for participation in this tender procedure, tenderers must prove to the satisfaction of the Contracting Authority that they comply with the necessary legal, technical and financial requirements and have the means to carry out the contract effectively.

Question: What is considered necessary legal, technical and financial requirements that all consortium members need to comply?

Consortium as a whole must comply with the requirements stated in 16. Selection and award criteria of the document Supply procurement notice.

Each member of the consortium, as same as each individual tenderer or any subcontractor, must comply with provisions stated in the document Instructions to tenderers, part 3. Participation. More information about the situation set out in section 2.3.3 of the Practical Guide to contract procedures for EU external actions (i.e. Grounds for exclusion) should be found at the following link: http://ec.europa.eu/europeaid/work/procedures/implementation/practical_guide/documents/2010_prag_en.pdf

No

Question

Answer

1

In the document, called “instructions to tenderers” in paragraph 11 “content of tenders” part 3, there is a mentioning of a guarantee of € 1000. In the same document in paragraph 22 “tender guarantee”, there is a mentioning of € 1700. How much do we have to take into account? The 1000 or the 1700.

The mistake occurred in specifying the amount in the paragraph 22 Tender Guarantee of the document Instructions to tenderers. Please consider the amount of EUR 1.000,00 as the correct one.

Respective to the statement above, paragraph 22 Tender Guarantee of the document Instructions to tenderers should be as follows:

„22 Tender guarantee

The tender guarantee referred to in Article 11 above is set at EUR 1.000,00 and must be presented in the form specified in the annex to the tender dossier. It must remain valid for 45 days beyond the period of validity of the tender. Tender guarantees provided by tenderers who have not been selected shall be returned together with the information letter that the tenderer has been unsuccessful. The tender guarantee of the successful tenderer shall be released on the signing of the contract, once the performance guarantee has been submitted.“

2

About this amount as tender guarantee: can we get an account number to pay this to? Or should it be a written bank-guarantee?

According to the tender documentation and provisions applied to this tender procedure, tender guarantee form provided in the respective tender dossier should be used.