Contract Documentation for the procurement procedure no. 0524001734
“Supplies of Chromium Trioxide – CrO3”
(hereinafter referred to as “Contract Documentation“)
Company name:
Czech Airlines Technics, a.s.
With its registered seat: Prague 6, Jana Kašpara 1069/1, postcode 160 08, Czech Republic
Registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, Entry
9307
ID No.:
271 45 573
Represented by:
Mgr. Pavel Haleš, Chairman of the Board of Directors and
Ing. Andrea Techmanová, Vice-Chairman of the Board of Directors
(hereinafter referred to as the “Contracting Entity“ or “CSAT”)
I.
INTRODUCTORY PROVISIONS, DEFINITIONS AND TERMS
I.1
This procurement procedure concerns (possible) awarding of a tender (hereinafter referred to as
the “Tender“) outside of the scope of Act No. 134/2016 Coll., on public procurement (hereinafter
referred to as the “Act“), it is not a public competition pursuant to Sec. 1772 and following of Act
No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code“). The Contracting
Entity is not a contracting entity under the Act.
I.2
This Contract Documentation, including all of its appendices, is provided solely for the purpose of
the drawing up of a bid for the (possible) awarding of the Tender based on the above-mentioned
procurement procedure and the Supplier shall not use it for any other purpose.
I.3
A Supplier shall keep the contents of this Contract Documentation confidential, which means that
it is not entitled to copy the contents of this Contract Documentation or disclose it to third persons.
That does not apply with respect to subsuppliers who take part in the Tenderer’s performance of
the subject of the Tender, but the Tenderer shall be responsible for ensuring that its subsuppliers
are also bound to adhere to the confidentiality obligation set out in sentence one of this
paragraph.
I.4
The terms used below in this Contract Documentation shall have the meaning defined in this
paragraph I.4 of the Contract Documentation, and shall always be capitalised in the text of the
Contract Documentation:
I.5
II.
I.4.1
“Supplier“ means a legal entity or a natural person engaged in business.
I.4.2
“Tenderer” means a Supplier who submitted a bid in a procurement procedure on the
basis of this Contract Documentation.
I.4.3
“Tender Price“ means the price set on the basis of the rules set out in article III of this
Contract Documentation.
Other terms may be defined directly in the text of the Contract Documentation; the definition of a
term shall be emphasised by bold print and introduced by the expression “hereinafter referred to
as”, and on every subsequent occurrence in the text, the term will be capitalised.
SUBJECT, PLACE AND TIME OF PERFORMANCE
II.1
The subject of the Tender are supplies of Chromium Trioxide (hereinafter referred to as “CrO3”)
for the use specified in paragraph II.2 of this Contract Documentation.
II.2
The Contracting Entity intends to use CrO3 as described below:
- Chrome Plating (alternative Hard Chromium Plating or Functional Chrome Plating);
- Chromate plating;
- Surface treatment for applications in the aeronautics and aerospace industries, unrelated
to Functional chrome plating or Functional chrome plating with decorative character.
II.3
The Tenderer shall be holder of an authorisation granted by the European Commission in
accordance with the Regulation (EC) No 1907/2006 of the European Parliament and of the
Council, as amended (hereinafter referred to as „REACH“) allowing the Tenderer (and
consequently the Contracting Entity, see paragraph II.4 of this Contract Documentation) to use
CrO3 as specified in paragraph II.2 of this Contract Documentation. Thus the authorisation
shall contain in particular below specified use of CrO3:
- Chrome Plating (alternative Hard Chromium Plating or Functional Chrome Plating);
- Chromate plating;
- Surface treatment for applications in the aeronautics and aerospace industries, unrelated
to Functional chrome plating or Functional chrome plating with decorative character.
The Tenderer shall submit a copy of the aforementioned authorisation as a part of its bid.
III.
IV.
II.4
The Contracting Entity will use CrO3 supplied by the selected Tenderer in accordance with Article
56 paragraph 2 of REACH under the authorisation granted to such selected Tenderer.
II.5
In this procurement procedure will be selected up to 2 Tenderers, who will meet all conditions and
requirements specified in this Contract Documentation and whose bids will take first two places (or
first place, in case only one Tenderer will be selected) in order of evaluation of the bids.
Thereafter, the Contracting Entity will commence negotiations with the selected
Tenderer/Tenderers on terms of Framework agreement on supply of CrO3. Individual deliveries of
CrO3 will be carried out by the selected Tenderer based on the orders of the Contracting Entity
issued under the Framework agreement on supply of CrO3 and delivered to the selected
Tenderer.
II.6
For avoidance of doubts, the Contracting Entity informs the Tenderers, that the Contracting Entity
is not obliged to conclude a Framework agreement on supply of CrO3 with the selected Tenderer.
The selected Tenderer is thus not entitled to conclusion of such agreement. For the purposes of
negotiations on conclusion of the Framework agreement on supply of CrO3 the selected Tenderer
shall be bound by the conditions specified in this Contract Documentation and its bid.
II.7
Expected annual consumption: 250 kg. The Contracting Entity is not obliged to buy CrO3 in such
amount.
II.8
Place of performance: The grounds of the Prague/Ruzyně Airport. Specific place of delivery of
CrO3 will be specified by the Contracting Entity in the Framework agreement on supply of CrO3.
II.9
Time of performance: Framework agreement on supply of CrO3 shall be concluded for indefinite
period. The selected Tenderer shall deliver the ordered amount of CrO3 to the Contracting Entity
always within 14 days after delivery of relevant order issued by the Contracting Entity under the
Framework agreement on supply of CrO3 to the selected Tenderer.
II.10
The Contracting Entity hereby informs that the performance of this Tender is fully subject to the
operation of the Prague/Ruzyně Airport and that all of the Contracting Entity’s operating measures
and operating measures of the company Letiště Praha, a.s. (Prague Airport) must be adhered to
in its performance.
TENDER PRICE
III.1
The Tender Price is the price for 1 kilogram of CrO3 (without VAT).
III.2
The price shall be the highest admissible, shall be set in EUR and exclusive of value-added tax.
VAT shall be treated in line with the relevant applicable and effective EU and local VAT law; no
other taxes, duties or charges shall be levied additionally. The Tender Price shall include transport
costs and any and all other costs of the Tenderer which need to be expended in the performance
of the Tender.
III.3
The Tenderer shall be responsible for including all of its costs in the Tender Price and for its
completeness, including the costs of transport to the place where the Tender is to be performed,
the costs related to export/import and customs clearance and the costs related to the specific
place in which the Tender is to be performed. The Tenderer is not entitled to require any payment
from the Contracting Entity in connection with the fact that the Contracting Entity will use CrO3
under the authorization of the Tenderer. The aforementioned shall be reflected in the Tender
Price.
III.4
The Tender Price shall be deemed the maximum price throughout the term of the performance of
the subject of the Tender. The Tenderer shall fill the Tender Price in the document called “Price
Calculation” that forms the appendix A of this Contract Documentation.
DEADLINES FOR AND MANNER OF BID SUBMISSION
IV.1
The deadline for the submission of the bids drawn up in line with the Contract Documentation:
th
by 21.03.2017 10:00 a.m. CET. The Tenderers shall be bound by their bids until 31 of July
2017.
IV.1.1
Bids may be submitted throughout the entire bid submission period in electronic form,
by e-mail to the following address: [email protected]. This e-mail box is
designated solely for the submission of bids and it will only be made accessible to the
Contracting Entity after the expiration of the bid submission deadline. Therefore, DO
NOT USE that e-mail address for requests for supplementary information to the
Contract Documentation or any other communication with the Contracting Entity.
V.
IV.2
A bid shall be delivered prior to the expiration of the bid submission deadline.
IV.3
A bid shall be drawn up in English.
IV.4
A bid shall contain the required documents with the following structure:
IV.4.1
The Tender Price (filled in Appendix A of Contract Documentation);
IV.4.2
The copy of the authorisation specified in paragraph II.3 of this Contract
Documentation.
BID EVALUATION METHOD
V.1
The procurement procedure will have multiple rounds.
V.2
In the First round of the procurement procedure will be the Tenderer's bid which includes the
document under paragraph IV.4.2 of this Contract Documentation assessed on the basis of
requirements set out in paragraph II.3 of this Contract Documentation (hereinafter referred to as
“Qualification prerequisites”).
V.3
Due to the fact that in accordance with REACH the Contracting Entity may use CrO3 as a
downstream user meeting the criteria set out in Article 56 paragraph 1 of the REACH provided
that the use is in accordance with the conditions of an authorisation granted to an actor up its
supply chain for that use, the Contracting Entity, after the assessment of the bids in accordance
with V.2 of this Contract Documentation, reserves the right to:
V.3.1
initiate negotiations with individual Tenderer/Tenderers regarding the use for which
the authorisation (copy of which was submitted by the Tenderer as a part of its bid,
see paragraph IV.4.2 of this Contract Documentation) has been issued (and/or
conditions of such use) in connection with the requested use of CrO3 as specified in
paragraph II.2 of this Contract Documentation, and/or
V.3.2
require submission of further documents evidencing the fulfilment of Qualification
prerequisites provided that the authorisation (copy of which was submitted by the
Tenderer as a part of its bid, see paragraph IV.4.2 of this Contract Documentation)
does not evidence fulfilment of Qualification prerequisites.
V.4
Provided that the Contracting Entity requires submission of further documents in accordance with
paragraph V.3.2 of this Contract Documentation, the Contracting Entity will notify by e-mail
message the Tenderer/Tenderers (who submitted the bid in accordance with this Contract
Documentation and whose submitted authorisation does not evidence fulfilment of Qualification
prerequisites) of such request and invites them to submit the requested documents. In such case,
the Contracting Entity will set a deadline for submission of the requested documents which shall
not be less than 10 working days. Provided that the Tenderer submits within the aforementioned
period the requested documents and complies with other conditions and requirements stated in
this Contract Documentation, the subject of evaluation and assessment will be modified bid of
such Tenderer, i.e. originally submitted bid supplemented by such documents. Provided that the
Tenderer (who was invited to do so) does not submit the requested documents within the deadline
for submission of requested documents, the bid of such Tenderer may be excluded from further
assessment and evaluation and such Tenderer may be excluded from participation in this
procurement procedure.
V.5
The Contracting Entity informs the Tenderers that the possibility of the Contracting Entity to
proceed in accordance with paragraphs V.3 and V.4 of this Contract Documentation is only a right
of the Contracting Entity, not an obligation. Thus the Tenderers are not entitled to be invited to
submit further documents if the authorisation copy of which they have submitted as a part of their
bids (see paragraph IV.4.2 of this Contract Documentation) does not evidence fulfilment of
Qualification prerequisites.
V.6
Provided that the Qualification prerequisites are met the bid shall be assessed in the second
round. Provided that the Qualification prerequisites are not met, the bid shall be excluded from
further assessment and evaluation and the Tenderer who submitted such bid shall be excluded
from participation in this procurement procedure.
V.7
In the Second round of the procurement procedure shall be Tenderers’ bids that will advance to
the Second round evaluated on the basis of the above-mentioned Tender Price exclusive of VAT.
The order of the bids shall be set in an ascending order. The bid with the lowest Tender Price will
be rated as the most advantageous and the bid with the highest Tender Price shall be rated as the
least advantageous.
V.8
The assessment of bids and their evaluation on the basis of the criteria set shall be performed by
the evaluation committee appointed by the Contracting Entity.
V.9
The Contracting Entity reserves the right to negotiate, at its discretion, about the Tender Price with
the Tenderers whose bids are evaluated. Negotiations will only be carried out after all bids are
checked for completeness and evaluated. Once informed about the lowest price, Tenderers will be
able to propose a more advantageous bid to the Contracting Entity during negotiations.
V.10
By submitting a bid, a Tenderer agrees that if negotiations about the Tender Price are conducted
and its bid contains the price that is the most advantageous for the Contracting Entity, this
information may be disclosed to other Tenderers whose bids are evaluated.
VI. SUPPLEMENTARY INFORMATION
VI.1
The deadline for the submission of inquiries concerning the Contract Documentation and its
appendices has been set by the Contracting Entity as 14.03.2017 10:00 a.m. CET. In that timeperiod, the inquiries must be delivered to the Contracting Entity’s contact person.
VI.2
Contact person of the Contracting Entity: Mrs. Veronika Nemečková
VI.3
Questions may only be submitted electronically, to: [email protected] and
[email protected]. Inquiries made by telephone shall be disregarded.
VI.4
Answers to all inquiries, without specifying who made them, shall be sent to all of the persons who
submitted questions and to all parties interested in participating in this procurement procedure
who sent their contact information to the Contracting Entity.
VII. RIGHTS
OF THE CONTRACTING ENTITY
PROCUREMENT PROCEDURE
AND
OTHER
CONDITIONS
OF
THE
VII.1
The Contracting Entity is not obliged to enter into the Framework agreement on supply of CrO3
with the winning Tenderer/Tenderers.
VII.2
The Contracting Entity is entitled to terminate negotiations on conclusion of Framework agreement
on supply of CrO3 at any time. Such negotiations is Contracting Entity entitled to terminate also
without stating a reason or without a just cause. No rights arise to Tenderer out of such
termination (termination without stating a reason or without a just cause included), even if
negotiations on conclusion of Framework agreement on supply of CrO3 are terminated at a point
when the conclusion of Framework agreement on supply of CrO3 seems highly probable. By
submitting the bid the Tenderer agrees that provision of Sec. 1729 of the Civil Code shall not
apply for the purposes of the procurement procedure and conclusion of the Framework agreement
on supply of CrO3.
VII.3
The Contracting Entity reserves the right to cancel the procurement procedure or a part thereof at
any time and also reserves the right to specify the Contract Documentation at any time, up until
the selection of the most advantageous bid. All Suppliers whose contact information the
Contracting Entity has will be informed of that specification. Hence, the Contracting Entity
recommends that Suppliers who wish to take part in the procurement procedure sent their e-mail
address to the contact information specified in paragraph VI.3. Furthermore, the Contracting Entity
recommends that all Suppliers, prior to submitting their bid, check the current text of the Contract
Documentation published in the E-ZAK application. The time-period for the submission of bids
specified in paragraph IV.1 may be appropriately extended by the Contracting Entity following the
specification of the Contract Documentation.
VII.4
Tenderers submit their bids free of charge, and may not make any claims with respect to the
Contracting Entity on the basis of the submission of the bid. Tenderers are not entitled to the
compensation of any costs related to the drawing up of their bids.
VII.5
The Contracting Entity shall not return the bids assessed, and shall keep them as documents of
the course of the procurement procedure.
VII.6
The Contracting Entity reserves the right to request from the selected Tenderer at any time before
the Framework agreement on supply of CrO3 signature submission of originals of the documents
that the selected Tenderer submitted as a part of its bid in the procurement procedure only in
copy. Provided that he Contracting Entity requests so, the submission of such originals is a
condition of conclusion of the Framework agreement on supply of CrO3. Should the Tenderer fail
to submit such originals within the period of 14 days from delivery of such Contracting Entity´s
request to the selected Tenderer, the Contracting Entity reserves the right to terminate the
negotiations on conclusion of the Framework agreement on supply of CrO3 with the selected
Tenderer and commence negotiations on conclusion of the Framework agreement on supply of
CrO3 with the Tenderer whose bid took the following place in order of evaluation of the bids.
VII.7
Should the selected Tenderer fail to provide to the Contracting Entity a cooperation needed for
conclusion of the Framework agreement on supply of CrO3 (participation in the negotiations
included) within 14 days from delivery of Contracting Entity´s request for provision of such
cooperation to the selected Tenderer or the selected Tenderer and the Contracting Entity do not
reach an agreement regarding the content of the Framework agreement on supply of CrO3 within
14 days from delivery of the Contracting Entity´s call for commencement of negotiations to the
selected Tenderer, the Contracting Entity reserves the right to terminate the negotiations with the
selected Tenderer and commence negotiations on conclusion of the Framework agreement on
supply of CrO3 with the Tenderer whose bid took the following place in order of evaluation of the
bids.
VII.8
In the event of questions, the Contracting Entity’s evaluation committee may ask a Tenderer to
explain its bid in writing. In its request for a written explanation, the evaluation committee shall
state where it sees ambiguities in the bid which the Tenderer is to explain. The evaluation
committee shall set a time-period within which the Tenderer shall deliver its written explanation of
the ambiguities. Should the Tenderer fail to present an explanation of the ambiguities in the timeperiod set, the evaluation committee shall eliminate the bid from further evaluation and
assessment.
VII.9
The Contracting Entity reserves the right to eliminate a Tenderer who has or previously had
problems with the performance of its obligations to the Contracting Entity.
VII.10 If the documents presented by the Tenderer, showing compliance with the Qualification
prerequisites, contain untrue information, the Tenderer shall be immediately eliminated from
participating in the given procurement procedure. The Tenderer shall be excluded from
participation in the Contracting Entity’s procurement procedures for the next 2 years.
VII.11 The company name of the Tenderer/Tenderers whose bid/bids is chosen/are chosen as the most
advantageous in line with the set evaluation method, including the Tender Price of that
Tenderer/Tenderers, may be disclosed to other Tenderers after the end of the procurement
procedure.
VIII. APPENDICES TO THE CONTRACT DOCUMENTATION
VIII.1 The following appendices constitute an integral part of this Contract Documentation:
VIII.1.1 Appendix A – Price Calculation
Mgr. Pavel Haleš
Ing. Andrea Techmanová
Chairman of the Board of Directors
Vice-Member of the Board of Directors
Ing.
Veronika
Nemečková
Digitálně podepsal Ing. Veronika
Nemečková
DN: c=CZ,
2.5.4.97=NTRCZ-24821993, o=Český
Aeroholding, a.s. [IČ 24821993],
ou=90692, cn=Ing. Veronika
Nemečková, sn=Nemečková,
givenName=Veronika,
serialNumber=P519659,
title=strategický nákupčí/ Stratig
Buyer
Datum: 2017.03.07 09:54:27 +01'00'