EUROPEAN UNION EUROPEAN REGIONAL DEVELOPMENT FUND MINISTRY OF EDUCATION, INVESTMENT INTO YOUR FUTURE YOUTH AND SPORTS OP Research and Development for Innovations In Prague February 11, 2015 Subject: Invitation for Bids We are pleased to submit you an invitation for a bid for a small-scale public contract. The name of this public contract is: “Spectographs and detectors for optical spectroscopy” This public contract is a small-scale contract within the intention of Section 12 of Act No. 137/2006 Coll., on public contracts, as amended (hereinafter referred to as the “Act”). Therefore, according to Section 18 par. 5 of the Act the public contract is governed by the rules stated in Section 6 of the Act, with the contracting authority not being obligated to observe other procedures that are laid down by the Act. In addition, the contract is governed by the Rules of the Selection of Suppliers within the Operational Programme Research and Development for Innovation and the rules laid down by the contracting authority in this Tender Documentation. If there are references to specific provisions of the Act in this Invitation, the contracting authority uses reasonably certain institutes of law for convenience and such references do not mean that the contracting authority proceeds according to rules laid down by the Act. Project Name: ELI: Extreme Light Infrastructure”, Reg. No. CZ.1.05/1.1.00/02.0061, granted within the framework of the Operational Program Research and Development for Innovation (“OP RDI”), Priority Axis I European Centres of Excellence, Area of Intervention 1.1. European Centres of Excellence (hereinafter the “ELI-Beamlines Project”). I. Contracting authority identification data: Contracting authority name: Fyzikální ústav AV ČR, v. v. i. (Institute of Physics ASCR, v. v. i.) Registered office: Na Slovance 2, 182 21 Prague, 8, Czech Republic Registration number: 68378271 Tax ID no.: CZ68378271 Forename and surname of the person authorized to act on behalf of the contracting authority: prof. Jan Řídký, DrSc., Director Contact person: Martin Körber Telephone: +420 266 051 376 E-mail: [email protected] (hereinafter referred to as the “Contracting Authority”) II. Name and brief description of the public contract: 2.1. Contract name: “Spectographs and detectors for optical spectroscopy” 2.2. Brief description of the contract: The subject of public contract is provision of a complete instrumentation for spectrally resolved detection of ultrashort light pulses is such a way that a spectra intervall of 200-2500nm is fully covered with a possibility to investigate a few windows simultaneously. 1 EUROPEAN UNION MINISTRY OF EDUCATION, YOUTH AND SPORTS EUROPEAN REGIONAL DEVELOPMENT FUND 2 INVESTMENT INTO YOUR FUTURE OP Research and Development for Innovations System is expected to be installed in the form of three independently operational units: 1) Raman detection consisting of 2 imaging spectrographs with high resolution and a pair of attachable spectroscopic CCD cameras with sensitivity from 200-1200nm. 2) Detection for transient absorption consisting of a single immaging spectrograph (ideally prism based) and one double line comera or a pair of single line CCD cameras with sensitivity in the range of 200-1200 nm 3) Near-IR detection consisting of one immaging spectrograph and InGaAs camera with sensitivity in the range of 900-2500 nm All three systems have to be capable to read out at frequency of 1kHz (1000 spectra per second) The subject of public contract must fulfil all the specifications as they are provided in the technical specifications in Annex 5 to this Invitation for Bids The Tenderer shall provide in the bid the description and specifications of the performance offered, including the data proving that the Contracting Authority’s technical specifications and requirements are met. III. Time and place of performance of the contract: 3.1. The time of delivery of “Spectographs and detectors for optical spectroscopy” is within 10 weeks from the date of conclusion of the contract for work by both contracting parties. 3.2. The place of performance of the contract is the registered office of the Contracting Authority. IV. Tender Documentation: 4.1. The Tender Documentation is included in this Invitation for Bids. V. Type of contract: 5.1. Supply. VI. Time limit and place for submission of bids 6.1. Bids shall be submitted in writing and in a properly sealed envelope with the corporate name / name and a stamp or signature of the statutory body of the Tenderer or of the person authorised to represent the Tenderer affixed to its sealed areas. An envelope must be marked by the notice “Do not open” and by the name of the public contract “Spectographs and detectors for optical spectroscopy”. The envelope shall also contain the address to which notices can be sent. 6.2. Bids shall be submitted at the registry at the Contracting Authority’s seat at the address: Na Slovance 2, Prague 8, postal code: 182 21, Czech Republic, not later than March 16, 2015, at 14:00 P.M. Bids can be delivered in any suitable way (by post, by courier service, in person, and the like) to the aforementioned address on business days from 8:00am to 3:00pm and on the last day of the time limit not later than 14:00pm. Any other delivery is not regarded as the proper submission of a bid. VII. Tender period 7.1. The period for which the Tenderers are bound by their bids is set to be within 60 days from the deadline for submission of bids. 2 EUROPEAN UNION MINISTRY OF EDUCATION, YOUTH AND SPORTS EUROPEAN REGIONAL DEVELOPMENT FUND 3 INVESTMENT INTO YOUR FUTURE OP Research and Development for Innovations VIII. Qualification requirements 8.1. The qualification requirements are met by such Tenderer that proves that it meets: the basic qualifications prerequisites analogically to Section 53 of the Act, and the professional qualifications prerequisites; 8.2. A Tenderer is obliged to prove that the qualifications are met within the time limit for the submission of a bid stated in par. 6.2 of this Invitation. 8.3. Unless otherwise stated, a Tenderer submits documents proving that the qualifications are met in the original or in an officially certified copy. 8.4. A Tenderer is obliged to prove in its bid that the basic qualification prerequisites are met. The basic qualifications prerequisites are met by such Tenderer a) that has not been convicted, upon a final judgement, of a crime committed for the benefit of an organized criminal group, a crime of participation in an organized criminal group, legalizing proceeds of crime, complicity, accepting a bribe, offering a bribe, indirect bribery, a fraud, or a credit fraud, including such cases where the preparation or attempt or involvement of or in such crime is concerned or the erasure of a conviction of the commission of such crime from its criminal records has taken place. If a legal entity is concerned, this prerequisite has to be satisfied by both this legal entity and its statutory body or each member of the statutory body, and if the statutory body of the tender or a member of the statutory body of the Tenderer is a legal entity, this prerequisite has to be satisfied by both this legal entity and its statutory body or each member of the statutory body of this legal entity. If the bid or the application for participation is submitted by a foreign legal entity through its branch, the prerequisite under this letter has to be satisfied, in addition to the mentioned persons, also by the manager of this branch and this basic qualifications prerequisite has to be satisfied both in relation to the territory of the Czech Republic and to the country of its registered office, place of business or residence; b) that has not been convicted, upon a final judgement, of a crime the body of which relates to the purpose of business activity of the Tenderer according to special legal regulations or if the erasure of a conviction of the commission of such crime has taken place. If a legal entity is concerned, this prerequisite has to be satisfied by both this legal entity and its statutory body or each member of the statutory body and, if the statutory body of the Tenderer or a member of the statutory body of the Tenderer is a legal entity, this prerequisite has to be satisfied by both this legal entity and its statutory body or each member of the statutory body of this legal entity. If the bid or the application for participation is submitted by a foreign legal entity through its branch, the prerequisite according to this subparagraph has also to be satisfied, in addition to the mentioned persons, by the manager of this branch and this basic qualifications prerequisite has to be satisfied by the Tenderer in relation to both the territory of the Czech Republic and the country of its registered office, place of business or residence; c) that has not accomplished the elements of an unfair competition act in the form of bribery according to the special legal regulation (Section 49 of the Commercial Code) during the last three years; d) whose property is not or has not been subject to insolvency proceedings during the last three years within which a decision on bankruptcy has been issued or an insolvency petition has not been dismissed because the estate is insufficient to cover the costs of the insolvency proceedings or the bankruptcy proceedings have not been cancelled because the estate is absolutely insufficient or receivership introduced pursuant to special legal regulations; e) that is not in liquidation; 3 EUROPEAN UNION MINISTRY OF EDUCATION, YOUTH AND SPORTS f) EUROPEAN REGIONAL DEVELOPMENT FUND 4 INVESTMENT INTO YOUR FUTURE OP Research and Development for Innovations that has no tax arrears recorded in its tax records both in the Czech Republic and in the country of the registered office, place of business or residence of the Tenderer; g) that has no payments in arrears concerning premiums and concerning penalties for public health insurance both in the Czech Republic and in the country of the registered office, place of business or residence of the Tenderer; h) that has no payments in arrears concerning premiums and concerning penalties for social security and contributions to the state employment policy both in the Czech Republic and in the country of the registered office, place of business or residence of the Tenderer; i) that has not been punished disciplinarily upon a final judgement or upon whom a disciplinary punishment according to special legal regulations has not been imposed upon a final judgement during the last 3 years if proving professional qualifications according special legal regulations is required pursuant to Section 54 letter d); if the Tenderer carries out this activity through a responsible representative or another person responsible for the Tenderer’s activities, this prerequisite applies to these persons; j) that is not recorded in the register of persons prohibited from performing public contracts; and k) upon whom a fine for allowing the execution of illegal work has not been imposed by final judgement pursuant to Section 5 letter e) of par. 3 of Act No. 435/2004 Coll., on employment, during the last 3 years. A Tenderer shall demonstrate the fulfilment of basic qualification prerequisites by supplying solemn declaration. (A Tenderer may use the solemn declaration document provided in Annex 2 of this Invitation. 8.5. A Tenderer is obliged to prove in its bid that the professional qualifications prerequisites are met. The fact that the professional qualifications prerequisites are met is proved by such Tenderer that submits: a) A copy of the entry in the Commercial Register if it is recorded therein or a copy of the entry in another similar register if it is recorded therein.. If qualifications are proved through a subcontractor, the Tenderer is obliged to submit the following documents to the Contracting Authority: a) the subcontractor’s copy of the entry in the Commercial Register if it is recorded therein or a copy of the entry in a similar register if it is recorded therein in a simple copy and b) the contract concluded with the subcontractor from which the subcontractor’s obligation to provide performance intended for the performance of the public contract by the Tenderer or to provide things or rights which the Tenderer will be entitled to dispose of within the performance of the public contract at least to the extent to which the subcontractor has proven that the qualifications are met results. If the subject matter of the public contract is to be performed jointly by several contractors and they submit a joint bid for this purpose, each of the contractors is obliged to submit a copy of the entry in the Commercial Register if it is recorded therein or a copy of another similar register if it is recorded therein. At the same time, the contractors are obliged to submit a contract which contains the obligation that all of these contractors will be liable to the Contracting Authority and third parties in respect of any legal relations arising in connection 4 EUROPEAN UNION MINISTRY OF EDUCATION, YOUTH AND SPORTS EUROPEAN REGIONAL DEVELOPMENT FUND 5 INVESTMENT INTO YOUR FUTURE OP Research and Development for Innovations with this public contract jointly and severally throughout the duration of the performance of the public contract. A foreign Tenderer shall demonstrate the fulfilment of qualification prerequisites in accordance with the legal system valid in the country of its registered office, place of business place or place of residence in the extent required by the Act on public contracts or by the Contracting Entity. If a required document is not issued according to the law valid in the country of registered office, place of business or place of residence, the foreign Bidder is obliged to prove the fulfilment of this part of qualification by a solemn declaration. If an obligation (which has to be proved in the qualification) is not defined in the country of registered office, place of business, or place of residence of the foreign Bidder, the Bidder shall prove this qualification by a solemn declaration. IX. Estimated value of the contract 9.1. The estimated value of the contract excluding VAT does not exceed 1 999 000 CZK 9.2. A total bid price must not be higher than the estimated value of the public contract. If a bid price is higher than the estimated value of the contract, the bid will be excluded from the proceedings. X. Specification of a bid price 10.1 Total bid price must be specified in the bid in CZK excluding VAT, for the entire subject of performance specified in Art. 2 of this Invitation for Bids. 10.3. Total bid price will be fixed and firmly stated as the highest admissible price, including all fees and additional expenses of the Tenderer necessary for the implementation of this small scale public contract, as is defined in this Invitation, unless this Invitation or any of its annexes explicitly state otherwise. Total bid price must further include all expenses necessary for the performance of the delivery which are not explicitly stated but that which Tenderer knew, could or should know , considering its expertise, and exerting all due care. 10.4. Total bid price for the entire subject of performance shall be stated in the cover page of their bid which forms Annex No. 1 of this Invitation for Bids. XI. Evaluative criteria and their weights: 11.1. The bids will be evaluated on the basis of the lowest bid price. XII. Information on the elaboration of a bid 12.1. Bids shall be submitted in writing and in a properly sealed envelope with the corporate name / name and a stamp or signature of the statutory body of the Tenderer or of the person authorised to represent the Tenderer affixed to its sealed areas. An envelope must be marked by the notice “Do not open” and by the name of the public contract “Spectographs and detectors for optical spectroscopy”. 12.2. A bid must indicate all the Tenderer’s identification data, especially: the company’s corporate name, address, registered office, and registration number, the person authorized to act on behalf of the Tenderer or the person authorized to represent the Tenderer, and the contact address for correspondence between the Tenderer and the Contracting Authority. 12.3. A bid must be elaborated in the Czech language or English language. 5 EUROPEAN UNION MINISTRY OF EDUCATION, YOUTH AND SPORTS EUROPEAN REGIONAL DEVELOPMENT FUND 6 INVESTMENT INTO YOUR FUTURE OP Research and Development for Innovations 12.4. All bid sheets will be numbered consecutively in ascending order and attached or sewed together securely so as to be sufficiently secured against removing them from the bid. Bids will be duly legible, without any cross-outs or overtyping. 12.5. A Tenderer shall submit the original copy of the bid; in addition to the submission of this original copy of the bid, the Contracting Authority also recommends submitting one copy of the Tenderer’s bid. 12.6. A Tenderer shall also submit the bid in the electronic form on a CD in the MS Office or compatible format, or in the PDF format (this obligation does not apply to documents proving that qualifications are met by the Tenderer). 12.7. If a bid is submitted jointly by several Tenderers (a joint bid), the bid shall also indicate the person that will be authorised to represent these Tenderers in communication with the Contracting Authority during the tendering procedure. 12.8. A bid must be submitted in the following structure: a) b) c) d) e) Cover sheet of the bid The tenderer shall use Annex 1. Documents proving that the qualifications are met in the structure stated in par. VIII of this Invitation. i. Solemn declaration for the required qualification under par. VIII Sec. 8.4 letter a) – k)- the Tenderer may use Annex 2 of this Invitation; ii. Extract from the Commercial Register (pursuant par. VIII Sec. 8.5 letter a) hereof); A description and specifications of the performance offered, including the data proving that the Contracting Authority’s technical requirements are met. A binding draft of the purchase contract signed by the person authorized to act on behalf of or for the Tenderer -Annex 4). An affirmation in which the Tenderer will indicate that (i) the Tenderer, its next of kin or any of the Tenderer’s employees or (ii) a subcontractor, its next of kin or any of its employees has not participated in the preparation of the Tender Documentation and that the Tenderer has not elaborated the bid in cooperation with another Contractor that has submitted a bid. The Tenderer can use the text in Annex 3 to this Invitation. XIII. Opening envelopes with bids 13.1. The opening of envelopes will take place immediately after the time limit for the submission of bids elapsed at the address Na Slovance 2, Prague 8, postal code: 182 21, Czech Republic,. 13.2. Representatives of all Tenderers that submitted a bid within the time limit for the submission of bids (max. two persons for a Tenderer) are entitled to attend the opening of the envelopes. Prior to the opening of the envelopes these representatives of the Tenderers shall prove that they are authorized to act on behalf of the Tenderer. XIV. Commercial terms 14.1. A Tenderer is obligated to accept the attached draft of the purchase contract (Annex 4) with no reservation and no alteration; the Tenderers are only entitled to add their identification data and the data on the bid price or other information required by the Contracting Authority. Annex No. 5 of this Invitation to submit bids shall form Annex No. 1 of the purchase contract. 14.2. On the part of the Tenderer, draft of the contract must be signed by a person authorized to act on behalf of the Tenderer. 6 EUROPEAN UNION MINISTRY OF EDUCATION, YOUTH AND SPORTS EUROPEAN REGIONAL DEVELOPMENT FUND 7 INVESTMENT INTO YOUR FUTURE OP Research and Development for Innovations XV. List of annexes 1. 2. 3. 4. 5. Cover Sheet of the Bid Affirmation Concerning Basic Qualification Prerequisites Affirmation Concerning the Elaboration of the Bid Binding Draft of the Purchase Contract Technical Specification and Parameters On behalf of the Contracting Authority: On February 11, 2015 prof. Jan Řídký,DrSc. Director 7 EUROPEAN UNION MINISTRY OF EDUCATION, YOUTH AND SPORTS EUROPEAN REGIONAL DEVELOPMENT FUND 8 INVESTMENT INTO YOUR FUTURE OP Research and Development for Innovations Annex 1 Cover Sheet of the Bid Basic data: Public contract name: “Spectographs and detectors for optical spectroscopy” Contracting authority: Registered office: Reg. no.: Person authorized to act for the contracting authority: Contact person: Telephone: E-mail: Tenderer: Registered office: Reg. no.: Tax ID no.: Person authorized to act for the tenderer: Bank details: Persons authorized to represent: Contact person: Contact address: Tel.: E-mail: Fyzikální ústav AV ČR, v.v.i. Na Slovance 2, 182 21 Prague 8, Czech Republic 68378271 prof. Jan Řídký, DrSc., Director Martin Körber +420 266 051 376 [email protected] ……………………………………………………………… ……………………………………………………………… ……………………………………………………………… ……………………………………………………………… ……………………………………………………………… ……………………………………………………………… ……………………………………………………………… ……………………………………………………………… ……………………………………………………………… …………………… …………………………………. Total bid price: Total price excluding VAT in CZK:…………………………………………………………….. VAT in %: …………………………………… (Not applicable for foreign entities ) VAT in CZK…………………………………… (Not applicable for foreign entities ) Total price including VAT in CZK:……………… (Not applicable for foreign entities) 8 EUROPEAN UNION MINISTRY OF EDUCATION, YOUTH AND SPORTS EUROPEAN REGIONAL DEVELOPMENT FUND 9 INVESTMENT INTO YOUR FUTURE OP Research and Development for Innovations Corporate name – signature of the authorized person (to be completed by the tenderer) Annex 2 Affirmation pursuant to Act no. 137/2006 Coll., on public contracts (hereinafter the “Act”) __________________________________________________________________ I make hereby the affirmation that: Pursuant to Sec. 53 par. 1 letter a) of the Act - the tenderer has not been convicted, upon a final judgement, of a crime committed for the benefit of an organized criminal group, a crime of participation in an organized criminal group, legalizing proceeds of crime, complicity, accepting a bribe, offering a bribe, indirect bribery, a fraud, or a credit fraud, including such cases where the preparation or attempt or involvement of or in such crime is concerned or the erasure of a conviction of the commission of such crime from its criminal records has taken place. If a legal entity is concerned, this prerequisite has to be satisfied by both this legal entity and its statutory body or each member of the statutory body, and if the statutory body of the tender or a member of the statutory body of the Tenderer is a legal entity, this prerequisite has to be satisfied by both this legal entity and its statutory body or each member of the statutory body of this legal entity. If the bid or the application for participation is submitted by a foreign legal entity through its branch, the prerequisite under this letter has to be satisfied, in addition to the mentioned persons, also by the manager of this branch and this basic qualifications prerequisite has to be satisfied both in relation to the territory of the Czech Republic and to the country of its registered office, place of business or residence; Pursuant to Sec. 53 par. 1 letter b) of the Act –the tenderer has not been convicted, upon a final judgement, of a crime the body of which relates to the purpose of business activity of the Tenderer according to special legal regulations or if the erasure of a conviction of the commission of such crime has taken place. If a legal entity is concerned, this prerequisite has to be satisfied by both this legal entity and its statutory body or each member of the statutory body and, if the statutory body of the Tenderer or a member of the statutory body of the Tenderer is a legal entity, this prerequisite has to be satisfied by both this legal entity and its statutory body or each member of the statutory body of this legal entity. If the bid or the application for participation is submitted by a foreign legal entity through its branch, the prerequisite according to this subparagraph has also to be satisfied, in addition to the mentioned persons, by the manager of this branch and this basic qualifications prerequisite has to be satisfied by the Tenderer in relation to both the territory of the Czech Republic and the country of its registered office, place of business or residence; pursuant to Sec. 53 par. 1 letter c) of the Act – the tenderer has not accomplished the elements of an unfair competition act in the form of bribery according to Section 49 of the Commercial Code during the last three years; pursuant to Sec. 53 par. 1 letter d) of the Act – any insolvency proceedings in respect of the property of the tenderer do not take place or have not taken place during the last three years, within which an adjudication of bankruptcy would have been issued or an insolvency petition would have been 9 EUROPEAN UNION MINISTRY OF EDUCATION, YOUTH AND SPORTS EUROPEAN REGIONAL DEVELOPMENT FUND 10 INVESTMENT INTO YOUR FUTURE OP Research and Development for Innovations dismissed because the estate is insufficient to cover the costs of the insolvency proceedings or the bankruptcy proceedings have not been cancelled because the estate is absolutely insufficient or receivership introduced pursuant to special legal regulations; pursuant to Sec. 53 par. 1 letter e) of the Act – the tenderer is not in liquidation; pursuant to Sec. 53 par. 1 letter f) of the Act – the tenderer has no tax arrears recorded in its excise tax records both in the Czech Republic and in the country of the registered office, place of business, or residence; pursuant to Sec. 53 par. 1 letter g) of the Act – the tenderer has no payment in arrears concerning premiums and concerning penalties for public health insurance both in the Czech Republic and in the country of the registered office, place of business, or residence of the contractor; pursuant to Sec. 53 par. 1 letter h) of the Act – the tenderer has no payments in arrears concerning premiums and concerning penalties for social security and contributions to the state employment policy both in the Czech Republic and in the country of the registered office, place of business or residence of the contractor; pursuant to Sec. 53 par. 1 letter i) of the Act – the tenderer has not been punished disciplinarily upon a final judgement or a disciplinary punishment according to special legal regulations has not been imposed upon a final judgement upon the contractor during the last 3 years if proving the professional qualifications according to special legal regulations is required pursuant to Section 54 letter d) of the Act. The same applies to the authorised representative and other persons responsible for the contractor’s activities; pursuant to Sec. 53 par. 1 letter j) of the Act – the tenderer is not kept in the register of persons prohibited from performing public contracts; and pursuant to Sec. 53 par. 1 letter k) of the Act – a fine for allowing for the execution of illegal work has not been imposed upon the tenderer by final judgement pursuant to Section 5 letter e) of par. 3 of Act No. 435/2004 Coll., on employment, during the last 3 years. In ………………… on ………………………… ………………………………………………………………………………… (Corporate name – signature of the person authorized to act for the tenderer – to be completed by the tenderer) 10 EUROPEAN UNION EUROPEAN REGIONAL DEVELOPMENT FUND 11 MINISTRY OF EDUCATION, INVESTMENT INTO YOUR FUTURE YOUTH AND SPORTS OP Research and Development for Innovations Annex 3 Affirmation _____________________________________________________________ The tenderer hereby makes the affirmation that: (i) the tenderer, its next of kin, or any of its employees has not participated in the preparation of the tender documentation of the contracting authority; (ii) the tenderer’s subcontractor or its next of kin or any of its employees has not participated in the preparation of the tender documentation of the contracting authority; and (iii) that the tenderer has not prepared the bid in cooperation with another contractor that has submitted a bid. In ………………… on ………………………… ……………………………………………………… (Corporate name – signature of the person authorized to act for the tenderer – to be completed by the tenderer) 11 EUROPEAN UNION MINISTRY OF EDUCATION, YOUTH AND SPORTS EUROPEAN REGIONAL DEVELOPMENT FUND 12 INVESTMENT INTO YOUR FUTURE Annex 4 Binding proposal of contract for work 12 OP Research and Development for Innovations EUROPEAN UNION MINISTRY OF EDUCATION, YOUTH AND SPORTS EUROPEAN REGIONAL DEVELOPMENT FUND 13 INVESTMENT INTO YOUR FUTURE Annex 5 Technical specifications 13 OP Research and Development for Innovations
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