538 - 2009 INVITATION TO TENDER ČEZ Logistika, s.r.o., invites a tender for the delivery of electrometers (the “Tender“) I. Buyer: Company name: Registered office: ID Number: Buyer’s statutory body: ČEZ Logistika, s.r.o. 28. října 3123/152, 709 02 Ostrava, Moravská Ostrava 26840065 Ing. Jiří Jílek – Director General Ing. Miloš Sládeček – Purchasing Section Director The company is registered in the Commercial Register kept at the Regional Court in Ostrava, Section C, Insert 28100. Contact persons in the matters of the Tender: Tender coordinator for Czech republic: Mr. Jakub Šebestík Telephone: +420 591 113 693 Fax: +420 591 113 764 E-mail: [email protected] Tender coordinator for Romania, Bulgaria: Mr. Lukáš Katauer telephone: +420 591 113 754 fax: +420 591 114 550 e-mail: [email protected] Based on this Tender, the Buyer shall conclude a Framework Agreement for the Supply of Goods (hereinafter referred to as the “Agreement”) with the Tenderer. ČEZ Logistika, s.r.o., Ostrava, Moravská Ostrava, 28. října 3123/152, PSČ: 709 02, IČ: 26840065, [email protected] 1/12 538 - 2009 II. Tender Subject: 1) Subject description: The subject of the Tender is the delivery of electrometers (hereinafter referred to as the “Goods“), the required amounts of which and details of individual delivery locations are provided in Annex No. 2 hereto. The tender subject is divided into Partial Delivery I. - Partial Delivery II. – Partial Delivery III. Partial Delivery I. - Electrometers for Czech Republic a) Single-phase static one-tariff electrometers for direct connection with LCD b) Single-phase static two-tariff electrometers for direct connection with LCD c) Three-phase static two-tariff electrometers for direct connection with LCD Partial Delivery II. – Electrometers for Bulgaria a) Single-phase static two-tariff electrometer for direct connection with LCD (compact) b) Single-phase static two-tariff electrometer for direct connection with LCD (normal size) c) Three-phase static two tariffs meter for direct connection with LCD and integrated time switch d) Three-phase four-quadrant remote communication meter for continual measuring with variable Partial delivery III. - Electrometers for Romania a) Single-phase meter for electrical energy for one tariff and mechanical display (5-80) A b) Single-phase meter for active electrical energy for differentiated monome tariff (5-80) A c) Three - phase meter for active electrical energy for simple tariff (5-80) A d) Three – phase meter for active electrical energy for differentiated monome tariff (5-80) A e) Three – phase meter for active and reactive electrical energy for simple tariff (5) A f) Three – phase meter for active and reactive electrical energy for simple tariff (580) A g) Three – phase meter for active and reactive electrical energy for differentiated monome tariff (5) A h) Three – phase meter for active and reactive electrical energy for differentiated monome tariff (5-80) A i) Tree-phased electrometer, 5 (100)A, 3x230/400V, cls. 1 active, cls. 2 reactive, multitariff, load profile, remote communication, 3 measure systems, direct mounting, GSM modem included j) Tree-phased electrometer, 5 (20)A, 3x230/400V, cls. 0,5 active, cls. 2 reactive, multitariff, load profile, remote communication, 3 measure systems, semidirect mounting, with auxiliary power supply and GSM modem included k) Tree-phased electrometer, 5 (20)A, 3x58/100V, cls. 0,5 active, cls. 2 reactive, multitariff, load profile, remote communication, 3 measure systems, indirect mounting, with RS485, auxiliary power supply and GSM modem included ČEZ Logistika, s.r.o., Ostrava, Moravská Ostrava, 28. října 3123/152, PSČ: 709 02, IČ: 26840065, [email protected] 2/12 538 - 2009 The Tenderer may elect to tender for one or more of the Partial Deliveries or for the entire subject of delivery, i.e. for all the Partial Deliveries. 2) Technical requirements: The Buyer requires that the technical parameters of the Tender subject set forth in Annex No. 1 hereto are adhered to. The Tenderer shall provide details of the values of individual parameters it is able to offer in the table in the relevant section of Annex No. 1 hereto. The Tenderer shall additionally submit all documentation required by Annex No. 1 in the form of separately numbered annexes. Items that may be filled in directly in Annex No. 1, such as the technical life, may be indicated by the Tenderer directly in the said annex and thereafter it shall not be required to submit a separately numbered annex. Independent references to non-submitted documents (this does not apply to generally available technical standards such as ČSN, EN, IEC, PN, etc.) will be considered insufficient and may result in the Buyer disregarding the Tenderer’s Tender offer. Independent references have to be consistent with the name of the annex. III. Time, Manner and Place of Performance: 1) Time of performance: The Buyer requires that delivery of Goods pursuant to [accepted orders (the “Individual Agreements”), or as per the delivery schedule provided in Annex No. 3 to the Agreement applicable for the Goods in consignment warehouse] performed from the date the Agreement becomes effective and will last at least 12 months. The Buyer reserves the right to change the date of commencement as well as the date of completion of the delivery of Goods pursuant to the Agreement, or to extend the Agreement for another period in the form of a written amendment to the Agreement. 2) Manner of performance and delivery terms: The deliveries outside the consignment warehouse (to the limit of usual agreed amount for consignment warehouses) on the basis of Individual Agreements are to be delivered no later than 15 (fifteen) calendar days from the date of the conclusion of the Individual Agreement, unless the parties otherwise agree. As for the Goods to be delivered through Consignment Warehouses, the Buyer requires the Tenderer, on the basis of the purchase record (as specified in the Agreement), to supply the Goods to consignment warehouses in amounts equal or exceeding the minimum agreed levels no later than 7 (seven) calendar days from the date of receipt of the purchase record by the Tenderer. 3) Place of performance: The Goods will be delivered either to the Buyer’s warehouses or to localities in the [Czech Republic/Bulgaria/Romania] set forth below: warehouse – ČEZ Měření, s.r.o., Skuteč, Czech Republic warehouse – ČEZ Bulgaria EAD, Sofia, Bulgaria warehouse – ČEZ Romania SRL, Pitesti, Romania 4) Mode of transport: The Buyer requires that the DDP delivery terms set out in INCOTERMS 2000 are applied to all transactions. ČEZ Logistika, s.r.o., Ostrava, Moravská Ostrava, 28. října 3123/152, PSČ: 709 02, IČ: 26840065, [email protected] 3/12 538 - 2009 IV. Prerequisites for Order Completion: 1) Warranty period for the offered delivery: In the respective section of the Bid Form, the Tenderer shall fill in the length of the warranty period for the Tender subject, provided that the minimum warranty period is 60 months from the day of provision of taxable supplies. 2) Consignment warehouse establishment The locations of the relevant consignment warehouses are set forth in Annex No. 3 to the Frame Agreement. 3) Technical documentation: The Tenderer shall submit the individual parts of technical documentation required in Annex No. 1. These include, in particular, details of the designation, manufacturer, country of origin, type tests, quality management system, etc. of the Goods. 4) Packages and ecological parameters: The Tenderer has to describe what kind of package will be used in deliveries of particular types of tendered subject and has to specify explicitly if the packages are returnable or non-returnable. Packages will be invoiced as goods including VAT and if the Buyer returns them within 12 (twelve) months of delivery, the Tenderer is obliged to withdraw these packages in full price including VAT. Where the packages are non-returnable, the Tenderer has to submit a declaration concerning the recyclability of used package materials and methods of its disposal. The Buyer can propose better conditions for waste management in the Bid Form. 5) Training of workers: In the relevant section of the Bid Form, the Tenderer undertakes, if successful in the Tender, to train, free of charge, the necessary number of workers in technological procedures for the use or assembly of the subject of delivery. V. Method of Bid Price Specification: 1) Basic price provisions: The Bid price shall be specified as a final unit price for the subject of delivery of the Goods proposed according to the specification provided in the description of the tender subject set forth in Annex No. 2 hereto. The Bid prices shall be in compliance with the conditions of the Invitation to Tender and their final amount shall be stipulated in [CZK/EUR]. The Bid price must include all costs, such as packaging, transport, drawing documentation (both production and assembly drawings), fees, etc., and follow all other conditions specified in the Invitation to Tender. The Bid price does not include bonuses and discounts. Bid prices will be listed in the respective fields of the table set forth in Annex No. 2 hereto. The Tenderer will fill in the Bid prices for all items of the table in Annex No. 2 that he is interested in supplying, [including those Goods where no consumption volume is specified]. 2) Specification of rebate conditions: The Tenderer will suggest conditions for discounts and bonuses in the relevant section of Annex No. 2 hereto. ČEZ Logistika, s.r.o., Ostrava, Moravská Ostrava, 28. října 3123/152, PSČ: 709 02, IČ: 26840065, [email protected] 4/12 538 - 2009 3) Conditions of changes to the Bid price: After concluding the Agreement the Bid price may be changed only in justified cases and only upon an agreement of both parties, in the form of an amendment to the Agreement. If there is a figure for updating the Bid price in this Invitation to Tender or in the draft Agreement, then the bid price set in Annex No. 2 must agree with the price set at the date of submission of the 1st round Bid for this Tender. Bid (purchase) price actualization clauses are listed in the Agreement. VI. Payment Terms: 1) Method of payment of the tax document – invoice: Payments will be made in [CZK/EUR] after completion of each partial order, based on a tax document issued by the selected Tenderer in Czech or English language; the minimum maturity period of the document will be 60 (sixty) days. The Buyer will not make advance payments for Goods. 2) Tax document details: Each tax document must contain all standard details in accordance with the business practice and applicable law, including, without limitation to: a) number and date of issue; b) name, address and VAT number of the Tenderer; c) name, address and VAT number of the Buyer; d) taxable base; e) the unit price of Goods without VAT; f) description and scope of supplied Goods; g) maturity date; and h) the number of the order and/or the purchase record number, as applicable. If the tax documents do not contain the required particulars or any other information required under applicable law, or if information therein is incorrect, the Buyer shall be entitled to return the tax documents to the Tenderer setting out the reason for the return and requesting the addition of the missing information or the correction of incorrect information. The Tenderer shall annul the tax document and draw up a new tax document with a new maturity date, and such date shall be calculated so as to ensure the maturity period of the tax document is no shorter than the original maturity period. Upon the legitimate return of the tax document, the original maturity period shall cease and a new maturity period shall commence as of the delivery of the new tax document to the Buyer, unless otherwise agreed by the Parties. VII. Draft Agreement: 1) Acceptance of draft Agreement: By submitting a Bid, the Tenderer accepts the terms and conditions of the enclosed draft Agreement. Exceptions from the provisions of this paragraph are listed in Article VII, Paragraph 2). 2) Changing the terms of the Agreement: In the relevant section of the Bid Form, the Tenderer may propose more suitable terms than those set forth in the draft Agreement or the specification of the Invitation to Tender (e.g. above-standard delivery terms, above-standard payment terms, etc.). ČEZ Logistika, s.r.o., Ostrava, Moravská Ostrava, 28. října 3123/152, PSČ: 709 02, IČ: 26840065, [email protected] 5/12 538 - 2009 Changes in the terms and conditions of the Agreement (apart from the Tenderer’s proposed terms) may be discussed in the 2nd round of the Tender, provided that the Bid price is reduced as compensation. VIII. Requirements for the Bid Preparation: 1) Method of the Bid preparation: The Tenderer’s Bid will comprise two sections – a technical section and a business section. All pages of the Bid have to be numbered. 2) The Bid submitted by the Tenderer shall include: a) The technical section of the Bid drawn up according to the requirement stated in Article II, Paragraph 2), which shall consist of: in written form: Bid Form – completed and signed by the authorized person Completed Annex No. 1 Technical details required in Annex No. 1 in electronic form: Bid Form – electronic version identical to the written version including signatures (scanned) Completed Annex No. 1 (in identical terms to the written form) Technical requirements required in Annex No. 1 (in identical terms to the written form)) b) The business section of the Bid shall include: in written form: Bid Form – completed and signed by the authorized person (same as with technical section) Photocopy of Certificate of VAT registration in electronic form: Bid Form – electronic version identical to the written version including signatures (scanned) Completed Annex No. 1 (in identical terms to the written form) Technical details required in Annex No. 1 (in identical terms to the written form) Completed Annex No. 2 Draft Agreement with data filled in only in Article I – The Seller The electronic versions of the Bid required by Paragraphs 2a) and 2b) above shall be provided on suitable data carriers (CD-ROM, DVD – annexes must not be on diskettes) in the format of Microsoft Office application programs. All carriers of the electronic part of the Bid submitted by the Tenderer will be marked with the Tenderer’s identification numbers, the number of tender, and indication whether it is the technical or business section of the Bid. Each Bid (both technical and business) will be on a separate data carrier. 3) Information for Tenderers: If the Bid Form is not signed by the authorized person, the Bid may be eliminated from the Tender. ČEZ Logistika, s.r.o., Ostrava, Moravská Ostrava, 28. října 3123/152, PSČ: 709 02, IČ: 26840065, [email protected] 6/12 538 - 2009 The technical section of the Bid required by paragraph 2a) may not contain any trade terms including price terms. Non-observance of this condition may result in the elimination of the Tenderer from the Tender. The weight of measurement unit for each item, that the Tenderer is interested in delivery, has to be specified in Annex No. 2 Applicant’s comments and rights: 4) The Tenderer is entitled to reserve the right of confidentiality of information and data submitted in the Bid; however, the right of the Buyer and its advisory bodies to evaluate the Bids is not hereby affected. 5) Changes in the Bid Form and annexes: The Tenderer is not entitled to make any changes, modifications or amendments to the Bid Form and Annex No. 1 or Annex No. 2 with the exception of entering the required data in the relevant fields. A change in the required parameters in Annex No. 1, a change in quantity in Annex No. 2, adding or removal of rows or columns, a change in the unit of measure, a change in the table format or description of the tender subject in Annex No. 2 may result in the Buyer disregarding the Tenderer’s Tender. If the Tenderer intends to offer other variants of the tender subject or to extend the tender subject by other items, he may do so in a separate file as an additional annex. However, this additional annex may not contain items required in the tender subject. The items of the tender subject and the items beyond the scope of the tender subject may not appear in the same table. IX. Method of Bid Evaluation: 1) Evaluation committee: Bids will be evaluated by an evaluation committee comprised of persons of the Purchasing Section of ČEZ Logistika, s.r.o., a person guaranteeing ČEZ’s technical standards and, where necessary, other advisors. 2) Evaluated criteria of the Bid: Bids will be evaluated with regard to: Compliance with the technical requirements; Bid price; Offered above-standard terms more suitable than those specified in the draft Agreement or in the Specification of the Invitation to Tender (e.g. above-standards delivery terms, abovestandard payment terms, etc.). The Buyer reserves the right to evaluate Bids with a different weight of individual evaluating criteria and is allowed to take into account other criteria (e.g. internal evaluation of suppliers) which are not set out here. The Bids of all Tenderers will be evaluated by the same criteria with the same weight given to each critera. For evaluation of price the Buyer can use also auxiliary algorithms, whose value will increase or decrease the weight of the Bid price. Where these algorithms are used, they must be listed in Invitation to Tender, so the Tenderer can evaluate his bid against these algorithms. If the algorithms are not defined in the Invitation to Tender, they will not be used to evaluate a Bid submitted pursuant to that Invitation to Tender. ČEZ Logistika, s.r.o., Ostrava, Moravská Ostrava, 28. října 3123/152, PSČ: 709 02, IČ: 26840065, [email protected] 7/12 538 - 2009 3) Evaluation of particular rounds of tender: The evaluation committee will evaluate the Bids submitted in the 1st round (opening the envelopes), which event takes place without the presence of the Tenderers. The evaluation committee will decide whether the 2nd round of the Tender will be announced and how many Tenderers, who were on the leading places of the 1st round, will be invited to the 2nd round. The evaluation committee will decide on the form of the 2nd round of the Tender – whether it will take place in the form of dealings in person or in the form of an internet auction. If the 2nd round is announced, the Buyer’s contact person will invite the Tenderers who have advanced to the 2nd round to further negotiations on the terms and conditions of the delivery including the price agreement well in advance of the set date of the second round. The evaluation committee will evaluate each Partial Delivery independently and reserves the right to decide on a supplier or more suppliers independently for each Partial Delivery, for several Partial Deliveries or for the entire Tender subject and on the proportion of deliveries made by the individual Tenderers. After evaluating the 2nd round, the Buyer reserves the right to announce additional rounds of the Tender. 4) Quality Inspection of Samples: The Tenderer accepts the Buyer’s right to check the technical parameters declared in Annex No. 1 of the Bid, or in other documents. Lending of 4 samples ( Partial delivery I. – Czech Republic ; Partial delivery II. – Bulgaria) of every offered electrometer type is an integral part of the Bid. One sample must be unsealed. Lending of 2 samples ( Partial delivery III. – Romania) of every offered electrometer type is an integral part of the Bid. One sample must be unsealed. A physical check is carried out to assess whether the technical specifications have been met and if the declared technical parameters correspond with the Bid. The Tenderer shall be disqualified from the executed Tender in the event that the Goods do not meet the declared technical parameters or operational and safety standards. The check is not carried out if the Buyer along with the guarantor of the Commission for Technical Standardization decides that the check is not necessary. The evaluation committee will decide on the form of execution of the physical check, which will be provided by the guarantor of the technical standard along with the Buyer or by an independent testing laboratory. The Tenderer undertakes to cover the costs of the test in the event that the spot check proves that the parameters do not correspond with the parameters declared in the Bid. In the event the parameters declared in the Bid are free of defects, the costs shall be borne by the Buyer. X. Time periods for submission of Tenders [Bids]: 1) Date of submission of Tender: The time period for submission of the Tender means the period during which the Tenderer can draw up and, in particular, submit his Bid. The Tenderers shall deliver their Bids and Samples no later than at the end of such period, i.e. by 31st of July 2009, to 10 a.m. o’clock. Partial delivery I. – Czech Republic Above mentioned and reuired samples of electrometers shall be delivered to the Buyer at the address ČEZ Měření, s.r.o., Husova 610, 539 79 Skuteč, Czech Republic. ČEZ Logistika, s.r.o., Ostrava, Moravská Ostrava, 28. října 3123/152, PSČ: 709 02, IČ: 26840065, [email protected] 8/12 538 - 2009 Partial delivery II. – Bulgaria Above mentioned and reuired samples of electrometers shall be delivered to the Buyer at the address CEZ Laboratories Bulgaria EOOD, 1 Peter Dertliev str., Sofia, Bulgaria. Partial delivery III. – Romania Above mentioned and required samples of electrometers shall be delivered to the Buyer at the address CEZ Distributie, Pitesti Warehouse, 110216 Pitesti, Cuza Voda Street, No. 24, Arges Distrikt, Romania. 2) Technical and business questions of Tenderers The technical and business questions can be sent by Tenderers in the form of e-mail message until 04th of June 2009. Tenderers’ questions of both technical and business character, which were not clear in the tender specification, will be answered to Tenderers by e-mail message and be presented anonymously on ČEZ Logistika, s.r.o. website until 25th of June 2009. The Tenderer will submit all questions to the Buyer via the contact person indicated in Article I All technical and business uncertainties or supplementary questions will be answered in the presence of the guarantor of the Commission for Technical Standardization and Purchase Specialist. After the presentation of answers to technical and business questions on ČEZ Logistika, s.r.o. website, no technical or business questions will be allowed until submission of the Tender. Technical and business answers will be published on Buyer’s web sites - www.cezlogistika.cz > Kontaktní Informace pro dodavatele (Information for suppliers) > Pro dodavatele > Výběrová řízení. (Tenders in process). 3) Date of the 2nd round of the Tender (if announced): If the second round of the Tender (see Article IX, Paragraph 3) is announced, the individual Tenderers advancing to the 2nd round shall be invited to: a) dealings in person: In the Buyer’s registered office in the form of dealings in person. The Tenderer will be given the date, hour and room of the dealing by phone or e-mail by the Buyer in advance. b) internet auction: In the Tenderers’ registered offices in the form of an internet auction. The Tenderer will be given the date, hour, rules, activation key and password by e-mail by the Buyer in advance. XI. Venue and Method of Tendering: 1) Place of tendering: Bids may be submitted in person to the contact person (Mr. Jakub Šebestík or Mr. Lukáš Katauer) of ČEZ Logistika, s.r.o., at the address 28. října 3123/152, 709 02 Ostrava, Moravská Ostrava on business days from 09:00 to 14:00. If the contact person is absent, the Bid may be delivered to the secretariat of ČEZ Logistika, s.r.o. Tenderers may also submit their Bids by registered letter to the same address so that they are delivered to the Buyer by the deadline set for Tenders. Delivery of a Bid after the deadline for Tenders may result in elimination of the Tenderer from the Tender. Samples may be submitted in person to the contact person: Partial delivery I. – Czech Republic Mr. Jindřich Zeman, ČEZ Měření, s.r.o., Husova 610, 539 79 Skuteč, Czech Republic. ČEZ Logistika, s.r.o., Ostrava, Moravská Ostrava, 28. října 3123/152, PSČ: 709 02, IČ: 26840065, [email protected] 9/12 538 - 2009 Partial delivery II. – Bulgaria CEZ Laboratories Bulgaria EOOD, 1 Peter Dertliev str., Sofia, Bulgaria. Partial delivery III. – Romania Mrs. Cristina Giogu, CEZ Distributie, Pitesti Warehouse, 110216 Pitesti, Cuza Voda Street, No. 24, Arges Distrikt, Romania. Tenderers may also submit their Samples by registered parcel to the same above mentioned address so that they are delivered to the Buyer by the deadline set for Tenders. 2) Method of filing the Bid: The Tenderer will file his Bid (original and data carriers) in a closed non-transparent and undamaged envelope (or envelopes or other packages) marked with the name of Tender, i.e. "Tender 538-2009 “electrometers" and the text “Do not open!”. The envelope (or envelopes or other packages) will be furnished with a seal or Tenderer’s signature on the closure and will be secured appropriately against unauthorized opening. Non-fulfilment of the conditions for the way of filing the Bid may result in disregarding of the Tenderer from the Tender. XII. 1) Other Tender Conditions: Registration of the Tenderer: The Tenderer who intends to submit his Bid and participate in the Tender must send an e-mail request for registration to the following e-mail address [email protected] and [email protected] where he shall specify the number and the title of the Tender, the name of the Tenderer´s company, VAT number, name, surname, telephone number, or, where appropriate, mobile phone number and email address of the Tenderer’s contact person. The registration is necessary so that additional information detailing the set-up of the first round can be sent out. 2) Changing the tender conditions: The Buyer reserves the right to change the specification of the Tender conditions, cancel the Tender, or decline all the received Bids. The Buyer reserves the right to check the information provided by Tenderers in their Bids or have such information clarified. 3) Working language: The Buyer determines that the working language of the [order] is English. Tenderers’ Bids, as well as other submissions or documents, if any, will be made in the English language. Each document which is submitted in the Bid and is not in English will be accompanied by its English sworn translation, unless stipulated otherwise. The Buyer may accept that the Partial delivery I. – Czech Republic, the Bids – business part can be submitted also in Czech language. However, this fact must be acknowledged by the Buyer expressly before the submission of the Bid or before the 2nd round of the Tender. Technical part of the Bid for Partial delivery I. – Czech Republic MUST BE PRESENTED IN CZECH LANGUAGE. 4) Tender costs: Tenderers are not entitled to reimbursement of costs incurred in connection with their participation in the Tender. Neither Bids nor their individual parts will be returned to the Tenderers. ČEZ Logistika, s.r.o., Ostrava, Moravská Ostrava, 28. října 3123/152, PSČ: 709 02, IČ: 26840065, [email protected] 10/12 538 - 2009 5) Tender subject volume: The Buyer reserves the right, in future contractual relations, to make a unilateral reduction, or, where appropriate, increase the Tender subject volume, i.e. not accepting the total amount of the specified subject-matter of selection, or demanding a higher amount. Should the Buyer assert this right, the Tenderer (Seller) shall be obliged to accept the reduction or increase, as applicable, in the subjectmatter of the Agreement. The Tenderer must consider this risk in its Bid price quotation. The table of Annex No. 2 sets out expected average annual consumption in particular localities; the total consumption of whole tendered period, if different from 1 year, is not concerned. 6) Tenderer’s declaration: The Tenderer who submits a Bid to the Buyer, takes into account and undertakes in the Bid Form that he has submitted the best possible Bid for the tender period. If he makes any other Bid to the Buyer after the termination of the Tender, this will be considered a serious breach of the Tender rules and good business relations and as such it will be declined. The submission of a Bid means both the initial submission of a Bid as well as specification of the Bid in the second or other rounds, but only until termination of the Tender. 7) VAT payer: The Tenderer must be a registered value added tax payer. Along with the Bid, the Tenderer will enclose a photocopy of the current Certificate of Registration to Value Added Tax. If the Tenderer is not a value added tax payer, he will not be accepted for the Tender. 8) Anti-corruption provision The Buyer has joined the initiative of the World Economic Forum – adherence to the PAC (Partnership Against Corruption) principles; therefore he requires that Tenderers adhere to the highest ethical principles including anti-corruption conduct during the Tender and during implementation of contracts. So as to accomplish this objective, the Buyer: a) defines the term “corruption conduct” mentioned below – means an offer, promise or handing over as well as the request or acceptance of any inadequate benefit, also in the effort to accelerate proceedings, the offering or acceptance of a benefit, inadequate donation, expression of hospitality, direct or indirect settlement of costs, personally or from a person at the position of any employee or a member of a statutory body of a private or public entity (including a person who in any position takes a decisions on behalf of, or works for, a company or organisation in the private or public sectors), with a view to acquiring, keeping or directing a trade transaction or securing any benefit in the process of assigning orders or conclusion and implementation of this Agreement; b) refuses the Bid if he finds out that the Tenderer has committed corruption conduct during this Tender proceeding for the purposes of gaining the Agreement directly or via his agent; c) will proceed in the way specified in Paragraph b) above if the principles of anti-corruption conduct are breached by the Tenderer’s controlling party (parties) or party (parties) controlled by the Tenderer; d) draws the Tenderer’s attention to the provisions in the binding text of the Agreement or in the General Commercial Terms. XIII. Parts of the Invitation to Tender: The invitation is comprised of a set of documents listed below: ČEZ Logistika, s.r.o., Ostrava, Moravská Ostrava, 28. října 3123/152, PSČ: 709 02, IČ: 26840065, [email protected] 11/12 538 - 2009 o o o o o Invitation to Tender Bid Form Draft of Agreement Annex No. 1 – Technical Specification Annex No. 2 – Volumes and quantities –Tender 538-2009 Information and data specified in the individual parts of the Invitation to Tender determine the Buyer’s binding requirements. The Tenderer is obliged to follow these instructions when drawing up his Bid. In Ostrava 19.05.2009 ________________________________________ Miloš Sládeček Purchasing section director ČEZ Logistika, s.r.o., Ostrava, Moravská Ostrava, 28. října 3123/152, PSČ: 709 02, IČ: 26840065, [email protected] 12/12
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