INVITATION TO TENDER FRAMEWORK AGREEMENT ON PRINTING PAPER

Transcription

1 INVITATION TO TENDER 1 (13) INVITATION TO TENDER FRAMEWORK AGREEMENT ON PRINTING PAPER

2 INVITATION TO TENDER 2 (13) LIST OF CONTENTS 1. ROLE OF XXX IN COMPETITIVE TENDERING PROCEDURE OBJECT AND SCOPE OF THE FRAMEWORK AGREEMENT Object of the framework arrangement Scope of the framework agreement PROCUREMENT PROCEDURE AND FORMING THE FRAMEWORK AGREEMENT Procurement procedure Contract Notice Framework agreement AGREEMENT PERIOD SCHEDULE OF COMPETITIVE TENDERING AND GENERAL QUESTIONS RELATING TO COMPETITIVE TENDERING PROCEDURE Contact details of supplier Training for suppliers on submitting a tender Questions relating to the competitive tendering Submitting tenders and validity period of tenders Opening of the tenders Further schedule of the competitive tendering CONTENTS OF THE TENDER Supplier information Tender form Quotation form Other documents backing up the tender OTHER REQUIREMENTS RELATING TO SUBMISSION OF A TENDER Signing of the tender and period of validity of the tender Language of the tender Partial tenders Alternative and conditional tenders Tendering as a group of companies and subcontracting relationships AWARDING OF THE FRAMEWORK AGREEMENT Awarding criteria EVALUATION PROCESS Evaluation of the supplier eligibility Selection Criteria Compliance of tenders with the Invitation to Tender Comparison of Tenders Awarding Criteria Announcement of Contract Award TERMS AND CONDITIONS OF CONTRACT MODEL FRAMEWORK AGREEMENT CONTACT PERSONS SIGNATURE... 12

3 INVITATION TO TENDER 3 (13) The xxx invites tenders for PRINTING PAPER in accordance with this Invitation to Tender. The Invitation to Tender consists of this document and the following annexes: Annex 1. Contracting Authorities entitled to use the framework agreement Annex 2. Tender Form Annex 3. Quotation Form Annex 4. Agreement model for the Framework Agreement. 1. ROLE OF XXX IN COMPETITIVE TENDERING PROCEDURE XXX shall act as the central procurement body of the Greek Government as referred to in the [insert law here this might be the law on EPP or alternatively the law on public procurement clarify this we do not have enough of into to say what law or part of it this could be] and shall be responsible for concluding the competitive tendering procedure for the procurement of printing paper covering central government and for the contract management during the framework agreement period. Additionally, XXX shall be responsible for marketing the framework agreement to its clients in collaboration with the awarded suppliers. In Annex 1 to the Invitation to Tender is a list of the XXX s clients that can use the framework agreement that will be formed on the basis of this competitive tendering procedure. Clients may make orders based on the framework agreement without organising own competitive tendering procedure. The list of clients in Annex 1 is non-exhaustive. Due to the restructuring of the central government administration the names of the clients may change during the contracting period. Clients succeeding the presented clients in the list are also entitled to use the framework agreement. 2. OBJECT AND SCOPE OF THE FRAMEWORK AGREEMENT 2.1. Object of the framework arrangement The object of the framework agreement is the supply of A4 and A3 printing paper to be used in printers, photocopiers and other devices in the Government offices on the terms and conditions defined in this Invitation to Tender and its Annexes. Minimum requirements relating to the object of procurement are presented in chapter 6.1 (content of tender) of this document and in annex 3 (quotation form). Before submitting a tender, the tenderer must take into consideration and accept the framework agreement model template in annex Scope of the framework agreement The Government Offices total procurement volume of printing paper in for the duration of the framework agreement estimate to be between million Euros. The estimated value is based on a sample of earlier orders.

4 INVITATION TO TENDER 4 (13) [insert here how you came to this estimation. Please, do not provide prices the contracting authorities are paying currently. If possible only the amount estimation of how many reams the clients have been buying during last 12 months. Older information is mostly useless For example: Based on study made by the XXX, 17 clients out of 70 [check that this number (70) is the same as number of clients in annex 1] have ordered xx reams of A4 paper in It is estimated that the clients represent x % of the total government procurement volume. As the sample size is statistically reliable estimation for the whole government procurement volume for the duration of the framework agreement (two years) is between x and x euros. The figure is estimated and non-binding. 3. PROCUREMENT PROCEDURE AND FORMING THE FRAMEWORK AGREEMENT 3.1. Procurement procedure The legislation relating to public procurement is applied. The competitive tendering procedure is implemented according to the open procedure presented in the [specific clause in the law]. The procurement exceeds the thresholds Contract Notice Contract notice has been published on [date] on the website. Contract award notice will also be published in accordance with [the law on procurement] Framework agreement The suppliers that have been successful in the competitive tendering procedure are awarded a framework agreement as described in clauses x, y and z in the law on procurement. The framework agreement shall be awarded to suppliers that fulfil the selection criteria and who s offered products meet the minimum requirements for the offered products. The awarding criteria shall be the lowest price / economically most advantageous tender. Recommendation: this is highly standardised product category price may be the best option.] Framework agreement will be concluded between XXX and the suppliers that are awarded the framework agreement. The framework agreement shall be complied with in relations between XXX and suppliers and between clients and suppliers. [Remove this in any case: THIS PART YOU WILL HAVE THING YOURSELF. WE DO NOT KNOW ENOUGH OF THE LOCATION ON YOUR CLIENTS OT THE MARKET THAT WE COULD RECOMMEND HOW YOU SHOULD DO THIS. HOWEVER THIS IS THE PLACE WHERE YOU WOULD WRITE HOW YOU WANT TO DEVIDE THE FRAMEWORK AGREEMENT INTO LOTS. IF YOU DO NOT DEVIDE THE FRAMEWORK AGREEMENT INTO LOTS ALSO THE FOLLOWING TEXT IN YELLOW MUST BE REMOVED. POSSIBILITIES FOR DEVISION INTO LOTS ARE FOR EXAMPLE:

5 INVITATION TO TENDER 5 (13) 1. AWARD THE AGREEMENT BY GEOGRAPHICAL AREAS WHICH ARE DEFINED BY FOR EXAMPLE POSTAL CODES AROUND MAJOR CITIES (if client s address in in postal code x she shall order from supplier a, if in postal code y she shall order from supplier b)] OR 2. AWARD THE AGREEMENT BY CLIENTS (x client shall order from supplier a, client y shall order from supplier b). ] The framework agreement is divided into lots according to the following: Lot 1: City 1, area 1 [Describe here how the area is defined] Lot 2: City 1, area 2 [describe here how the area is defined] Lot 3: City 2 [describe here how the area is defined] Lot 4: City 3 [describe here how the area is defined] Lot x: xxxxx Etc In each lot only one supplier shall be awarded the framework agreement. The awarding criteria for each lot shall be lowest price [or economically most advantageous tender.]. DEPENDING ON YOUR CHOICE ABOUT LOTS, YOU WOULD ALSO DESCRIBE HERE HOW THE CLIENTS WOULD ORDER FROM THE SUPPLIER. SEE EXAMPLES ABOVE. IF YOU WOULD BE USING GEOGRAPHICAL LOTS: Client shall order the supplies based on the geographical location of the delivery address. For example if the client s postal code is xxxxx the client shall order the supplies from the supplier who has been awarded the framework agreement for lot 1. IF YOU WOULD AWARD THE FRAMEWORK AGREEMENT BY CLIENTS: Client shall order the supplies from the supplier that is awarded the framework agreement for the client. The client s billing address defines the ordering client. For example: clients 1 30 shall order from supplier awarded the framework agreement in lot 1, clients shall order from supplier awarded the framework agreement in lot 2. IF YOU DO NOT KNOW THE EXACT LOCATIONS OF THE CLIENTS OUR RECOMMENDATION IS TO AWARD THE FRAMEWORK AGREEMENT BY GEOGRAPHICAL LOCATION. HOWEVER YOU WOULD NEED TO DEFINE THE GEOGRAHICAL AREAS IN DETAIL E.G. ACCORDING THE POSTAL CODE OF THE DELIVERY ADDRESS. 4. AGREEMENT PERIOD

6 INVITATION TO TENDER 6 (13) The intention is that the Framework Agreement enters into force on the [date of 201x] and terminates on [date of 201x]. XXX and the supplier have the right during the agreement period to give notice of termination using a three (3) month notice period. This notification of termination may, however, not take place before the agreement has been in force for one (1) year. [THINK OF THIS ALSO: THE LONGER SECURED PERIOD YOU CAN GIVE TO THE SUPPLIER THE BETTER PRICES THE SUPPLLIER IS LIKELY TO GIVE]. The clients may place orders with the awarded supplier during the validity of the Framework Agreement. However, the client may not place orders during the validity of the Framework Agreement with delivery time that exceeds 3 months from the data of ordering. 5. SCHEDULE OF COMPETITIVE TENDERING AND GENERAL QUESTIONS RELATING TO COMPETITIVE TENDERING PROCEDURE 5.1. Contact details of supplier The supplier is requested on receipt of the Invitation to Tender, to provide the contact details of the persons involved in submitting the tender (name, , fax, telephone and postal address), by to the address [ address here.]. The reference in the e- mail subject field should be PRINTING PAPER, contact details. XXX shall send answers relating to the competitive tendering procedure and any other information relating to the competitive tendering to the named persons. [NOTE: you will have to organise that this address is follow from 8 16 on week days. It is good service to send an back thanking the company for giving the details] Training for suppliers on submitting a tender [THIS CHAPTER IS OPTIONAL BUT HIGHLY RECOMMENDED] XXX organises a training session for interested suppliers. During the training session the following topics shall be covered: - Framework agreement and how it works - Clients ordering procedure from the awarded suppliers - Requirements for suppliers - Requirement for offered products - Requirements for tender submission - Using eplatform to submit the bids - Tender evaluation process Additional information regarding this Invitation to Tender shall not be provided during the training session. Nor shall any of the questions related to the object or scope of the Invitation to Tender be answered. Questions related to the object and scope related to this Invitation to Tender must be asked in accordance with the next paragraph.

7 INVITATION TO TENDER 7 (13) 5.3. Questions relating to the competitive tendering The tenderer shall have the opportunity to ask questions relating to the Invitation to Tender and the competitive tendering procedure. The questions must be sent by to the address [ address here]. The reference in the subject field should be PRINTING PAPER, additional information. Questions should be submitted no later than [date and time here]. [NOTE: THIS DATE SHOULD BE AT LEAST 20 DAYS BEFORE SUBMISSION DATE]. XXX shall send the replies to the questions by or letter to all those who have requested an invitation to tender and/or tenderers who have provided their contact details. The replies will, as far as possible, be sent no later [date and time here]. NOTE: THIS DATE MUST BE NO LESS THAT 8 [better yet 12] DAYS BEFORE SUBMISSION DATE]. Other inquiries relating to this Invitation to Tender shall not be answered for ensuring equal treatment of the suppliers Submitting tenders and validity period of tenders The supplier must submit the tender in a signed and sealed envelope on paper in two (2) copies and separately marked appendices in one copy on USB-stick, CD [or an equivalent method of recording] as Word, Excel or PDF files or the like to the address: XXX Xxx Xxx Floor Xxxx If the supplier submits its tender by mail or messenger, this is done at the supplier s responsibility. Tenders must reach XXX s office before the end of the tendering period. Tenders that have arrived late shall be excluded from the evaluation of tenders. Tenders must reach XXX s office no later than [date and time (GMT +2)]. The envelope containing the tender, the tender and USB-stick, CD or equivalent means of recording must be clearly marked with the name of the tendering enterprise and the reference PRINTING PAPER. Tenders sent by or fax shall not be accepted. If the tender submitted on paper (hard copy) is in conflict with the version on a computer file (soft copy) the hard copy version is deemed valid. [NOTE: this is to be done by using eplatform you will need to reformulate how the tenders are to be submitted.]

8 INVITATION TO TENDER 8 (13) 5.5. Opening of the tenders Opening of the tenders shall take place on [date] starting at [time] at the premises of the XXX, address: xxx The opening of the tenders is public. During the opening of the tenders, the name of the tenderer, time of submitting the tender and the comparison price she supplier has given in annex 2 (tender form) shall be read aloud Further schedule of the competitive tendering The target is that the framework agreement shall be awarded by the end of [month], The Framework Agreement is planned to come into force on [date...synchronise this with chapter 4]. 6. CONTENTS OF THE TENDER 6.1. Supplier information 6.2. Tender form The supplier may present its operations and organisation in the introduction to their tender. The introduction to tender may be made in the form the supplier chooses. The information shall not be used in the evaluation process unless the information provides evidences that the supplier does not fulfil the selection criteria. The supplier must return as part of its tender the filed in document provided in annex 2 to this Invitation to Tender. The supplier must provide answers to the questions and propositions made in the document. If the data provided by the supplier if found inadequate and misleading with other information available XXX may a) ask the supplier for further clarification b) exclude the supplier from the tender evaluation process described in chapter 9. The transparency of tenders is defined in [name the law here]. Alternative state: For transparency reasons the tenders are public. The supplier may request in tender form that the data it has provided is confidential. The supplier s request must be reasoned. Based on the suppliers reasoning XXX has the authority to decide whether it deems the information containing business or professional secrets of the supplier. Any information that the supplier proposes as confidential are to be stated the appropriate fields in the tender form in annex 2. Quotation prices cannot not be business or professional secrets.

9 INVITATION TO TENDER 9 (13) 6.3. Quotation form The supplier must return as part of its tender the filled in document provided in annex 3 to this Invitation to Tender. The supplier must provide prices to all fields marked for supplier data. By providing price data the supplier also confirms that the products it offers conforms to the product specifications provided in the same annex. Also by providing price data the supplier confirms that it has taken into account the agreement model for the framework agreement Other documents backing up the tender [here you can list any documents that you require from the supplier. We would recommend to abolish all document requirements and replacing them with self-declarations. This has been already taken into account in the Annex 2. If tender security and performance security would we included in framework agreement these would be placed here and also on Annex 2. FOR FRAMEWORK AGREEMENTS I WOULD RECOMMENED TO a) abolishing both securities all together b) moving them into a possibility for clients (client could require performance security) 7. OTHER REQUIREMENTS RELATING TO SUBMISSION OF A TENDER 7.1. Signing of the tender and period of validity of the tender The tender shall be signed. The tender shall be in force with binding effect until at least [date]. By filling in and returning the tender form (Annex 2) the tenderer also conforms to the tender validity Language of the tender 7.3. Partial tenders The tender and its annexes shall be in the xxxxx language. [Alternative: the tender must be in Greek language. Brochures, certifications and other reference material may be also in English]. Partial tenders are not accepted. The supplier must offer all products listed in quotation form (Annex 3) and fill in all the information related to the offered products (Annexes 2 and 3) Alternative and conditional tenders

10 INVITATION TO TENDER 10 (13) Alternative tenders are not accepted. The product offered must meet the minimum requirements set in this Invitation to Tender and its appendices. Conditional tenders are not accepted. The tender shall not contain conditions or reservations. The tenderer may not, for example, make the validity of the tender for one lot conditional on the supplier being awarded another lot. Nor can the supplier make reservations regarding the applicability of the terms and conditions of model framework agreement provided in Annex Tendering as a group of companies and subcontracting relationships The framework agreement shall be concluded with the supplier in whose name the tender has been submitted. The supplier in question is responsible for all the obligations laid down in the framework agreement, also when using subcontractors. The conditions relating to subcontracting relationships have been presented in the terms and conditions of contract given in Annex 4 to the Invitation to Tender. Tendering as a group of companies is permitted. In this case, however, concluding a framework agreement with a group of companies requires that the companies belonging to the group undertake with joint liability the obligations and responsibilities of the framework agreement. The conditions relating to the groups of companies responsibilities are presented in the terms and conditions of contract in Annex 4. The group of companies and the supplier with subcontractors shall be required to have the technical, economic and financial and other capacities to provide the supplies and services in accordance with the framework agreement for the entire agreement period. The supplier may be requested to provide, prior to concluding the framework agreement and during the agreement period, references on commitments and contracts that they have made with the subcontractors which may affect the suppliers capacity to meet the obligations of the framework agreement. The group of companies may be requested to provide corresponding references on how the relationships between the members of the group have been arranged. 8. AWARDING OF THE FRAMEWORK AGREEMENT 8.1. Awarding criteria 9. EVALUATION PROCESS The supplier that offers the cheapest comparison price for each lot separately shall be shall be awarded the framework agreement. NOTE: the supplier may have higher prices than other supplier for certain supplies. Only the comparison price is used when awarding the agreement to a supplier. Comparison price is marked in Annex Evaluation of the supplier eligibility Selection Criteria After opening of the tenders XXX shall assess whether the suppliers that have submitted their tenders meet the professional, economic and financial requirements. The tenderer s

11 INVITATION TO TENDER 11 (13) eligibility shall be examined using the information provided in the Annex 2 to this invitation to tender and if requested, the tenderer s financial statements. Suppliers that do not meet the minimum requirements set for the professional, economic and financial standing shall be excluded from the competitive tendering. A tenderer who has been convicted of, or in which any person with powers of representation, decision making or control has been convicted of an offence as referred to in [relavant law] shall also be excluded from the competitive tendering. A tenderer to whom a criterion for exclusion as referred to in the EU procurement directive, article 45 and in the Greek procurement law, article x apply [this is about corruption and not having paid taxes] may also be excluded from the competitive tendering Compliance of tenders with the Invitation to Tender The supplies offered shall comply with the specifications set forth for the offered supplies in this Invitation to Tender and in its annexes. The tenders that include supplies and services that do not comply with requirements set forth in this Invitation to Tender shall be excluded from the comparison of tenders Comparison of Tenders Awarding Criteria After having applied the selection criteria set forth in paragraph 9.1 and compliance to the Invitation to Tender described in paragraph 9.2 the remaining tenders shall be compared. The awarding criteria and the method for comparing the tenders is described in paragraph Announcement of Contract Award The Contract Award decision shall be sent to all tenderers. The framework agreement does not come into force as a result of the contract award, but requires a separate written framework agreement to be signed between XXX and the awarded suppliers. The framework agreement may be signed when the awarding decision has become legally valid. 10. TERMS AND CONDITIONS OF CONTRACT MODEL FRAMEWORK AGREEMENT The terms and conditions of framework agreement are presented in the model framework agreement in Annex 4 to the Invitation to Tender. The terms and conditions of the Framework Agreement shall be unconditional requirements of the Invitation to Tender and no alterations shall be permitted. A supplier shall not include its own terms and conditions of an agreement to the tender. If a supplier however includes its own terms and conditions to the tender, those terms and conditions shall be deem invalid. Before submitting a tender, the supplier must take into consideration and accept in full the framework agreement model. 11. CONTACT PERSONS

12 INVITATION TO TENDER 12 (13) Contacts address for the procurement is the following: [insert here XXX proper address.. for example Note: questions regarding the competitive tendering procedure should be submitted as described in clause SIGNATURES XXX Signatures

13 INVITATION TO TENDER 13 (13) 13. ANNEXES Annex 1 Annex 2 Annex 3 Annex 4 List of XXX s clients Tender Form (to be returned to XXX as part of the tender) Quotation Form (to be returned to XXX as part of the tender) Framework Agreement model