PUBLIC INSTITUTION “UŽSTATO SISTEMOS ADMINISTRATORIUS”
Public Institution, code 303370260, Jogailos Str. 4, Vilnius, correspondence address: A. Tumėno 4, LT01109, Vilnius, tel.: +370 698 88866, e-mail: info@usad.lt, data about the Institution are collected and stored
in the Register of Legal Entities of the Republic of Lithuania, VAT code LT100008806612
APPROVED BY:
ORDER No.PK-001, 27th of January, 2016 of PI
“Užstato sistemos administratorius” Director
TENDER CONDITIONS
Procurement of services for sales and recycling of single-use plastic (PET) packaging waste collected in
the deposit-refund system
TABLES OF CONTENT
1. GENERAL PROVISIONS ..................................................................................................... 2
2. SUBJECT MATTER OF THE PROCUREMENT .............................................................. 2
3. QUALIFICATION REQUIREMENTS FOR SUPPLIERS ................................................ 2
4. PREPARATION, SUBMISSION AND MODIFICATION OF TENDERS ...................... 5
5. CLARIFICATION AND EXPLANATION OF THE TENDER CONDITIONS .............. 6
6. EXAMINATION AND EVALUATION OF TENDERS .......................................................... 6
7. REASONS FOR REJECTION OF TENDERS .................................................................... 7
8. NEGOTIATIONS .................................................................................................................... 7
9. CONTRACT AWARD ............................................................................................................ 8
10. CONTRACT ............................................................................................................................ 8
11. FINAL PROVISIONS ............................................................................................................. 9
12. ANNEXES ................................................................................................................................ 9
12.1. Tender Form for plastic (PET) Packaging Waste Management (Annex No. 1); ................... 10
12.2. Supplier`s Declaration(Annex No. 2) ..................................................................................... 12
12.3. Technical Specification (Annex No. 3); ................................................................................. 13
12.4. Contract draft (Annex No. 4)...................................................................................................16
1
1. GENERAL PROVISIONS
1.1.
1.2.
1.3.
1.4.
1.5.
1.6.
Public Institution “Užstato sistemos administratorius” (hereinafter referred to as the Administrator)
intends to acquire the services of sales and recycling of single-use plastic (PET) packaging waste
collected in the deposit-refund system.
The procurement procedure shall be conducted in pursuance with the applicable legal acts: Law on
Management of Packaging and Packaging Waste of the Republic of Lithuania, Law on Waste
Management of the Republic of Lithuania, Civil Code of the Republic of Lithuania, other applicable
legal acts and the Tender Conditions. Definitions used in the Tender Conditions should be interpreted
as described in the above-mentioned applicable legal acts.
Procurement shall be conducted using open procedure method (hereinafter referred to as the Tender /
procurement) in compliance with the principle of equal treatment, the principle of non-discrimination,
the principle of mutual recognition, the principle of proportionality and the principle of transparency.
The date of announcing the procurement in the national daily newspaper “Lietuvos rytas” shall be
considered the procurement commencement. The Tender conditions, explanations of the Tender
conditions and other contract documents shall be published at the web page of the Administrator
www.usad.lt
If the Tender fails as the result of failure to receive any tender of the supplier meeting the requirements
of the Administrator, the Administrator reserves the right to conduct repeated procurement using
survey method.
A member of the Procurement Commission (hereinafter referred to as the Commission), authorised to
maintain direct contact with suppliers and receive their notices related to the procurement procedures:
Gintaras Varnas, e-mail gintaras.varnas@usad.lt , phone +370-698-88866.
2. SUBJECT MATTER OF THE PROCUREMENT
Subject matter of the procurement – means the services for sales and recycling of single-use plastic
(PET) packaging waste collected in the deposit-refund system (hereinafter referred to as the Services).
The Tender is intended to select waste management entities (recycling entities) following i. 2 of p. 2 of
Article 112 of the Law on management of packaging and packaging waste of the Republic of
Lithuania, who are involved in recycling of single-use packaging waste collected in the deposit-refund
system. Detailed Service properties and scopes are set forth in the attached technical Specification
(Annex No. 4). The Services shall be provided only for recycling of single-use plastic (PET) packing
waste collected by the Administrator in the deposit-refund system (hereinafter referred to as the
Packaging Waste).
2.2. The winner of the Tender, who signs the Contract, shall purchase from the Administrator the Packing
Waste collected in the deposit-refund system and pays to the Administrator the price per one ton set
forth in the Contract. The Supplier shall recycle the Packaging Waste at his own expense after
purchasing from the Administrator. The Supplier shall submit the documents certifying recycling of
amount of the Packaging Waste purchased from the Administrator. The documents shall meet the
requirements of legal acts of the Republic of Lithuania applicable on the date of issuing of the
documents.
2.3. The procurement shall be divided into 2 lots, considering type of single-use plastic packaging covered
by the deposit system:
2.3.1. Aluminium packaging waste management;
2.3.2. Iron packaging waste management.
2.4. The Supplier has a right to submit a tender to one, several or all procurement lots set forth in
paragraph 2.3.
2.5. Validity terms of contracts concluded on the basis of this procurement:
2.5.1. Contract for sales and recycling of plastic (PET) packaging waste – year of 2016.
2.5.2. The validity terms of the Contracts set forth in paragraph 2.5 of the Procurement Conditions can be
changed upon decision of the Administrator.
2.1.
3.
QUALIFICATION REQUIREMENTS FOR SUPPLIERS
3.1. A Supplier acting as a Tenderer shall meet the following minimum qualification requirements:
3.1.1. General qualification requirements for suppliers
2
Table 1
Row No.
1.
2.
3.
Qualification requirements
The supplier is not bankrupt or being wound up,
it has not entered into an arrangement with
creditors or suspended or limited its activities or
is not in any analogous or similar situation under
the laws of the country of its registration. It is
not the subject of bankruptcy proceedings or out
of court proceedings for a declaration of
bankruptcy or for compulsory winding up or for
an arrangement with creditors.
Documentary proof of the qualification
requirements
1.1. Declaration on oath in free form,
certifying that the Supplier is not bankrupt or
being wound up, it is not the subject of
bankruptcy proceedings or out of court
proceedings for a declaration of bankruptcy or
for compulsory winding up or for an
arrangement with creditors.
1.2. Supplier’s Declaration (Annex No. 2
hereto) confirming that the Supplier has not
entered into a peace arrangement with
creditors or suspended or limited its activities,
or a document issued in a relevant foreign
country confirming that the Supplier has not
entered into a peace arrangement with
creditors or suspended or limited its activities
or is not in any analogous or similar situation
under the laws of the country of its
registration, or if the relevant country does not
issue the abovementioned document or if the
same does not cover all the issues raised, a
declaration on oath or a solemn declaration.
The supplier has fulfilled his obligations related 2.1. Declaration on oath in free form,
to payment of taxes, social insurance certifying that the Supplier has fulfilled all
contributions.
obligations related to payment of taxes, social
insurance contributions.
The Supplier has a right to pursue waste 3.1. Copies of documents certifying
management activity, required for execution of registration of the Supplier in the Register of
the Contract, i.e. he has a right to pursue the Waste Management Entities (ATĮR).
activity related to recycling of packaging waste,
which management is the subject of the Tender. 3.2. Copies of documents certifying the right
of the Supplier to issue packaging waste
management proving documents (entering into
the list of waste management entities having
the right to issue item and (or) packaging
waste management proving documents).
3.3. If the Tenderer is a foreign entity, he
undertakes to submit verified copies of
appropriate documents, certifying that the
foreign entity has a right to pursue the abovementioned activity in the European Union
Member States or within the European
Economic Space.
3.1.2. Requirements for economic and financial status
Table 2
Row
Qualification requirements
No.
1.
Documentary proof of the qualification
requirements
Average annual income from the entire 1.1. Dully verified copies of Profit/Loss Statements or
3
activity of the Supplier over the last 3 (three)
financial years or over the period from the
date of registration of the Supplier (if the
Supplier has been pursuing the activity less
than for 3 financial years) must be at least
5 000 000 (five millions) Euro over 3 (three)
financial years.
appropriate documents of the country of registration
for the last 3 financial years or for the period from the
date of registration of the Supplier (if the Supplier has
been pursuing the activity less than for 3 financial
years).
3.1.3. Technical and professional capacity requirements
Tabel 3
Row
Qualification requirements
No.
1.
2.
Over the last 3 (three) years or over the
period from the date of registration of the
Supplier (if the Supplier has been pursuing
the activity less than for 3 financial years) the
Supplier has successfully implemented at
least 5 (five) packaging waste recycling
service contracts, value of one contract
should be at least 50 000 (fifty thousand)
Euro, VAT included.
The
Supplier
has
capacities
implementation of the Contract.
Documentary proof of the qualification
requirements
1.1. The list of implemented contracts certified by the
Supplier`s Manager or his authorised person*,
including the following information:
- contract title;
- description of activities pursued during the contract
implementation;
- contract initiation and completion dates;
- contract value, VAT included;
- name of the customer, name, surname and telephone
number of the contact person.
*Notes:
- For the purpose of qualification of information
about the contract implemented the Administrator
reserves the right to contact the representative of the
customer without giving preliminary notice.
for 2.1. Dully verified copy of Pollution Integrated
Prevention and Control Permit (hereinafter referred to
as PIPC permit) part, specifying single-use packaging
waste recycling capacities. The capacities set forth in
PIPC permit should be sufficient to manage the
amounts of packaging waste planned to be recycled
set forth in the Technical Specification.
2.2. If the Tenderer is a foreign entity, he undertakes
to submit certifications issued by the environmental
protection institutions involved in issuing of
environmental protection permits or control of
recycling entities of the country of recycling activity
specifying that the Supplier`s capacities are sufficient
for management of the amounts of packaging waste
planned to be recycled set forth in the Technical
Specification.
3.
The Supplier has a metrologically tested 3.1. Dully verified copy of valid metrological test
weighting equipment and valid metrological certificate for the weighting equipment located at the
test certificate.
place of activity of the Supplier, or dully verified
copy of the contract concluded with the company
involved in weighting services. If the Tenderer is a
foreign entity, he can submit copies of appropriate
(similar) documents, which meet the requirements of
legal acts applicable at the place of activity of the
foreign entity (in the European Economic Space or in
the European Union Member State).
4
*Notes:
1)
if the Supplier cannot provide the documents because such documents are not issued in that country
or issued but does not cover all raised the issues, the declaration of bona fides or the declaration of the
supplier must be provided;
2)
if the Supplier is a foreign entity, all documents should be submitted together with translation into
English Language;
3)
the copies of documents are certified by the signature of the Supplier or his authorized person, with
the words "True Copy" and the position title, name (or the first letter), surname, date and seal (if
available).
4)
A foreign entity in the Tender Conditions should be understood as a Packaging Waste Management
(Recycling) Entity, having the right to recycle packaging waste in the European Economic Space and
European Union Member States.
5)
The Supplier who signed the Contract with the Administrator shall be liable for accuracy of
packaging waste weighting using the Supplier`s weighting equipment.
3.2.
3.3.
The Supplier’s tender shall be rejected, if it is guilty of misrepresentation in supplying information
about compliance with the established requirements, proven by any lawful means of the
Administrator.
If the Supplier intends to attract sub-contractors to provide carriage service, they shall meet the qualification
requirements set forth in Table 1 of the Tender Conditions, as well as the requirements of legal acts regulating
waste carriage.
4.
PREPARATION, SUBMISSION AND MODIFICATION OF TENDERS
4.1.
By submitting the tender, the Supplier agrees to these Tender Conditions and confirms that the
information as given in the tender is true and correct and includes everything needed for the due
performance of the Contract.
4.2. A tender should be submitted in writing and signed by the Supplier`s Manager or his authorised person.If
the tender and (or) other documents are signed by the person other than the Company Manager, a Power of
Attorney of the undersigned person should be attached.
4.3. The Supplier undertakes to submit the tender in the form provided in Annex No. 1 to the Tender
Conditions. The tender (with Annexes) is submitted in a sealed envelope or by electronic
communication means. The tender (with annexes) pages should be numbered, bound and certified on
the back side of the last page by a signature of the Supplier`s Manager or his authorised person,
including name, surname, position of the Supplier`s Manager of his authorised person and number of
pages contained in the tender. Submitting the tender by electronic communication means, the entire
tender should be attached in one e-mail letter, except for cases, where it is reasonably impossible. In
such case the tender should be submitted in several e-mail letters, specifying their exact number.
Tenders can be submitted in Lithuanian or English language.
4.4. If tenders are submitted late or tender submission does not comply with the requirements set forth in
the tender Conditions, such tenders shall be rejected.
4.5. A tender should consist of the following documents:
4.5.1.
Filled in tender form prepared according to Annex No. 1 to the Tender Conditions, and attached
documents.
4.5.2.
Other information and (or) documents set forth in the Tender Conditions and (or) submitted to the
Administrator according to the Tender Conditions.
4.6. While preparing a tender the Supplier shall consider that the amount of packaging waste to be
managed in the tender and the management method should ensure fulfilment of packaging waste
management tasks according to the applicable revision of Resolution No. 1168 of 24 November 2006
of the Government of the Republic of Lithuania „Regarding approval of tasks for use and (or)
recycling of taxable items and packaging waste“.
4.7. The Supplier shall submit the tender with the whole extent of the Services (i.e. preliminary amount of
Packaging Waste to be managed) and Packaging Waste management method.
4.8. While submitting the tender the Supplier shall which procurement lot or information contained in the
tender must be treated as confidential. If the Supplier fails to specify the procurement lot or
information must be treated confidential, it shall be considered that the tender does not contain
5
4.9.
4.10.
4.11.
4.12.
4.13.
4.14.
4.15.
4.16.
4.17.
confidential information. The Supplier may not indicate as confidential such information that must be
made public under legal acts.
The Supplier can submit only one tender. If the Supplier submits more than one tender, all the
submitted tenders shall be rejected.
Envelopes with contract documents shall be submitted to the Administrator to 15th of February,
2016, 3 p.m., by mail, courier or directly to the Administrator at the address: Žarijų street 8, Vilnius.
Tenders by electronic communication means should be sent to e-mail: info@usad.lt
While submitting a tender the Supplier shall specify the price to be paid to the Administrator for one
packaging waste ton and its management (recycling). The Supplier shall pay the price to the
Administrator while purchasing the Packaging Waste from the Administrator. The price set forth in
this paragraph shall include all taxes (except VAT) and all expenses of the Supplier to be sustained
during provision of Services, including submission of Packaging Waste management proving
documents to the Administrator, except for carriage price.
While submitting a tender the Supplier can, but is not obliged, to offer carriage price from the
reference centre to the place of packaging waste recycling. This price shall be specified in the table of
the tender forms in Euro. In the same tender table the Supplier must specify the place of collection of
packaging waste
The tender shall be valid for the period not less than 30 days from expiry of the deadline for
submission of tenders. If the tender contains no indication of the term of its validity, it shall be deemed
to be valid for the period specified in the Tender Conditions.
The Administrator shall have the right, prior to the expiry of the tender validity, to request that the
suppliers extend validity of the tender to a specified date. The supplier may reject such request.
The Administrator has the right to extend the deadline for submission of tenders. The Administrator
shall give notice of a new deadline for submission of tenders at his web page www.usad.lt.
A tenderer shall have the right to modify or revoke his tender before expiry of the deadline for
submission of tenders giving a written notice to the Administrator.
The Commission meeting for opening of envelopes with tenders and review of tenders received by email will take place on 17th of February at 1 p.m., at the address: Žarijų street 8, Vilnius.
5.
5.1.
5.2.
5.3.
CLARIFICATION AND EXPLANATION OF THE TENDER CONDITIONS
Prior to the expiry of the deadline for submission of tenders the Administrator, upon own initiative,
may explain (clarify) the Tender Conditions. Clarifications shall be published at the Administrator`s
web page www.usad.lt not later than in 3 (three) business days prior to the expiry of the deadline for
submission of tenders.
The supplier may request the Administrator to clarify the procurement documentation prior to the
expiry of the deadline for submission of tenders. The Administrator shall reply not later than in 3
(three) business days to each written request of the supplier to clarify the contract documentation, if
such request is received not later than in 5 (five) working days prior to the deadline for the submission
of tenders, publishing the clarifications at the Administrator`s web page www.usad.lt.
If necessary the Administrator will organise meetings with the Supplier for clarification of the tender
Conditions.
6. EXAMINATION AND EVALUATION OF TENDERS
6.1.
The procedures on verification, examination and comparison shall be held by the Commission without
participation of the Suppliers or their authorised representatives. The Commission for verification, examination
and comparison will consist of the representatives of the Administrator. The Commission composition shall be
approved by the order of the Manager of the Administrator.
6.2. The Commission examines:
6.2.1.
Whether the suppliers have given accurate and comprehensive information concerning their
qualification in the tender submitted and whether the qualification of the suppliers complies with
the minimum qualification requirements;
6.2.2.
Whether the Suppliers have submitted all documents, data and information, described in the Tender
Conditions and whether the tender complies with the requirements set forth in the Tender
Conditions;
6.2.3.
Whether there were abnormally low/high tenders.
6
6.3.
6.4.
6.5.
6.6.
6.7.
6.7.1.
6.7.2.
6.7.3.
6.7.4.
6.7.5.
6.8.
6.9.
The Commission shall decide on the compliance of the qualification data submitted in the tenders of
all suppliers with the minimum qualification requirements set forth in the Tender Conditions. If a
Supplier has submitted inaccurate or incomplete data about his qualification, the Commission asks the
Supplier to complete or explain the information within a reasonable term. Only the suppliers whose
qualification data meet the requirements established by the Administrator shall be entitled to take part
in further procurement procedures.
In case of any issues concerning the content of the tender and upon a request from the Commission the
Suppliers shall, within the term specified by the Commission, submit additional written explanations
without changing the essence of the tender.
If the tenders appear to be abnormally low/ high, the Commission has a right to ask the supplier to
justify the abnormally low/ high tender, including detailed justification price components.
Prices provided in tenders shall be evaluated in Euro.
The tenders not rejected by the Administrator shall meet the following criteria:
The price offered by the Supplier per 1 ton of packaging waste (without consideration of carriage
service, delivering the packaging waste to the place specified by the Supplier);
Packaging waste carriage price (from the reference centre to the packaging waste collection place).
In case where the Supplier does not offer carriage services, he shall specify the waste collection
place;
Favourable term of payment for the packaging waste;
The Supplier`s capacities (according to the pricelist set forth in the tender) to manage greater or less
(than the planned amounts of waste set forth in the Technical Specification) amounts of
packaging waste type. While justifying the capacities to manage greater or less amounts the
Supplier shall submit dully verified copies of proving documents (for example, description of
already provided services, which exceeded the scopes of services set forth in the Technical
Specification, attaching dully certified copies of reports on the amount of managed waste type or
dully certified copies of contracts executed). Dully certified copies of the documents shall be
submitted as an annex to the tender and shall be considered an integral part of the tender.
Packaging waste recycling method (s), service provision (recycling) strategy, probable risks and their
management. The Supplier shall attach a detailed description as an annex to the tender, which shall be
considered an integral part of the tender.
Each tender shall be evaluated by the members of the Administrator`s Commission. Evaluating
the tenders the Commission members shall follow reasonableness, good faith, equality
principles, as well as their knowledge and experience.
The Suppliers, whose tenders were recognised the most effective for the deposit-refund system,
shall be invited to negotiations.
7.
REASONS FOR REJECTION OF TENDERS
7.1. The Commission shall reject a tender, if:
7.1.1.
the supplier does not meet the minimum qualification requirements;
7.1.2.
the supplier provided inaccurate or incomplete data on the supplier's qualification in its tender and
failed to correct them upon request of the Commission;
7.1.3.
the tender failed to comply with the requirements established in the Tender Conditions (the
procurement subject-matter does not meet the requirements set forth in the Technical Specification,
etc.);
7.1.4.
the supplier offered an abnormally low/high tender and failed to submit written justification of the
price components upon request of the Commission or failed to justify the abnormally low/high
tender;
7.1.5.
the supplier submitted false information, and this fact can be justified by the buyer using any lawful
means.
7.2. A Supplier shall be informed of the rejection of his tender within one business day after the date of the
decision.
8. NEGOTIATIONS
8.1.
The Suppliers meeting the requirements of the Tender Conditions upon decision of the Commission,
who submitted the most effective tenders according to the assessment criteria set forth in paragraph
7
8.2.
8.3.
8.4.
8.5.
8.6.
8.7.
6.7 of the Tender Conditions, shall be invited for negotiations regarding technical, economic, legal and
other tender conditions for the purpose of choosing the most effective option for the Administrator and
the entire deposit-refund system.
The subject of the negotiations is single-use packaging waste price, their collection, delivery,
weighting, payment procedure and terms, as well as other issues urgent for the Contract. The Contract
Draft provided in the Tender Conditions shall be amended and (or) supplemented according to the
conditions agreed during the negotiations.
The Administrator shall inform the Supplier about the negotiations and sets time for each Supplier to
arrive to the negotiations.
During the negotiation procedure the Commission does not disclose to third parties any information
received from the Supplier without his consent, negotiations shall be held individually with each
Supplier and recorded. The minutes of the negotiations shall be signed by the Commission Chairman
and the Supplier`s Manager or his authorised person, who took part in the negotiations. If the Supplier
(the Supplier`s Manager or his authorised person) failed to arrive to the negotiations, the Commission
shall take minutes, specifying absence of the Supplier, to be signed by all Commission members who
participated at the meeting.
If in the minutes of the negotiations final tender of Suppliers is not fixed, after completion of
negotiations with all Suppliers listed in paragraph 8.1 of the Tender Conditions the Commission can
ask the Suppliers to submit their final tenders.
During the negotiations final tenders are considered minutes of the negotiations of final tenders set
forth in paragraph 8.5 of the Tender Conditions and initial tenders of the Suppliers, in the scope they
were not changed during the negotiations. Final tenders of the Suppliers shall be assessed following
the procedure established in paragraph 6 of the Tender Conditions.
Final ranking of tenders shall be established after completion of negotiations and evaluation of final
tenders. If a Supplier fails to arrive to the negotiations and submit final tender, during establishment of
final ranking of tenders one shall assess the initial tender of the Supplier who failed to arrive.
9. CONTRACT AWARD
9.1.
9.2.
9.3.
9.4.
9.5.
After examination, evaluation and comparison of final tenders and results of the negotiations, the
Commission shall establish ranking of tenders. According to the procurement winner of the contract
may be more than one supplier. The Supplier (Suppliers) whose final tender was recognized the most
effective to the entire deposit-refund system shall be declared a winner (winners).
When only one Supplier has submitted a tender, ranking of tenders shall not be established, and his
tender shall be declared successful, if it was not rejected under the provisions of the Tender
Conditions, and if the Administrator did not take a decision on new announcing of the Tender.
The Tender winners shall be invited in writing (by e-mail, mail, fax, etc.) to conclude a Contract
specifying the deadline for agreement and conclusion of the Contract.
If the Supplier invited to conclude the Contract in writing refuses to conclude the Contract, fails to
sign the Contract within the term set by the Administrator and (or) the Administrator fails to arrive to
sign the Contract within the set term or refuses to sign the Contract under the conditions set forth in
the contract documents, including those fixed in the final tender of final minutes of the negotiations, it
shall be considered that he refused to conclude the Contract. In such case the Administrator can offer
the Contract to the Supplier, whose tender according to the ranking was the following after the
Supplier, who refused to conclude the Contract, or organise a new Tender.
The Administrator shall immediately (not later than within 5 business days) inform the Suppliers in
writing about the decision on conclusion of the Contract, specifying the Supplier (s) chosen to
conclude the Contract (s).
10. CONTRACT
10.1. The Contract shall be concluded with the Supplier (s) following the provisions of the Civil Code of the
Republic of Lithuania and other legal acts. While negotiating on the Contract Draft and (or)
concluding the Contract, the following cannot be changed: the Tender Conditions established in the
contract documents, tender conditions and tender price fixed in the final minutes of the negotiations or
in the final tender submitted after the negotiations. During execution of the Contract the Administrator
has a right to change the Contract conditions, if such change is compulsory for proper fulfilment of
8
obligations of single-use packaging system administrator. The Contract can be amended only upon
receipt of written consent of the Administrator.
10.2. The Contract Draft is provided in Annex No. 6 to the Tender Conditions. The Contract shall be
concluded under the Draft, except for changes agreed during the negotiations held during the
procurement.
10.3. If the Administrator fails to agree on the Contract conditions with the Tender winner within 14
(fourteen) calendar days after the date of invitation to agree the Contract Draft, the Administrator has a
right, without any additional explanation, to terminate the negotiations regarding the Contract and
offer the Contract to the other Supplier, who participated in the Tender. The other Supplier shall be
selected according to the established ranking of tenders.
10.4. Considering the fact that the legal acts regulating the deposit-refund system for single-use packaging
have not been approved yet, the Tenderers undertake to adapt to the amended legal acts, Tender
Conditions and (or) Contract conditions at their own expense and risk.
11. FINAL PROVISIONS
11.1. Expenses of the Suppliers related to preparation of tenders and participation in the Tender shall not be
compensated.
11.2. At any time before conclusion of the Contract the Administrator has a right to terminate the
procurement procedures. In such case the Administrator undertakes to inform all Suppliers who
submitted their tenders in 3 business days after the date of decision, and if the procurement procedures
are terminated before the deadline for submission of tenders, - to all Suppliers provided with the
contract documents. The notice about termination of procurement procedures shall be also published at
the Administrator`s web page www.usad.lt.
11.3. In cases of termination of the Tender or change of the Tender Conditions the Administrator shall not
be liable for compensation of any loss sustained by the Suppliers.
11.4. All disputes relation to the Tender implementation shall be settled following the procedure established
in legal acts of the Republic of Lithuania. The Administrator shall reply to the Suppliers` claims,
asserted during the Tender, within 5 (five) business days. The Tender shall not be stopped due to the
submitted claims of the Suppliers.
12. ANNEXES
12.1.
12.2.
12.3.
12.4.
Tender Form for Plastic (PET) Packaging Waste Management (Annex No. 1);
Supplier`s Declaration (Annex No. 2);
Technical Specification (Annex No. 3);
Contract Draft (Annex No. 4).
9
Annex No. 1 to the Tender
Conditions
(Title of the Supplier)
14.1. Pasiūlymo forma metalinės (aliuminio) pakuotės atliekų sutvarkymui (3 priedas);
(Legal form, office, contact information of a legal entity, name of the register where the data about the supplier is
collected and stored, code and name of a legal entity, value added tax payer code, when a legal person is a value added
tax payer)
To the Public Institution “Užstato sistemos administratorius”
TENDER
REGARDING SERVICES FOR MANAGEMENT OF SINGLE-USE PLASTIC (PET) PACKAGING WASTE
COLLECTED IN THE DEPOSIT-REFUND SYSTEM
_______________
(Date)
Title of the Supplier
Address of the Supplier
Telephone number
Fax number
E-mail
1. We hereby confirm that we agree with all Tender Conditions.
2. By undersigning the submitted tender I confirm that the submitted copies of documents and information are true.
We offer the following services:
Row Name
No.
1
1.
2
Services
for
management
(recycling) of single-use plastic
(PET) packaging waste collected
in the deposit-refund system
Packaging waste
management
(recycling)
method
Packaging waste
amount (in tons)
offered to be
managed by 31th of
December, 2016**
4
3
Price for management of
one packaging waste ton,
EUR (VAT excluded)
5
Notes:
** Preliminary scope of Services planned to be procured by the Authority is set forth in the Technical Specification to
the Tender Conditions.
The tender price includes all expenses and taxes (except for VAT), related to the service provision, except for carriage
price, which shall be specified individually (in the table provided below).
Carriage service:
Row Name
No.
1
Address of the place of collection of
packaging waste
2
3
Carriage price from the
reference centre to the
place of collection of
packaging waste, EUR
(VAT excluded)
4
10
1.
Waste
carriage
from
the
reference centre to the place of
collection
(recycling)
of
packaging waste
The offered services totally meet the requirements of the contract documents.
The following documents shall be submitted together with the tender:
Row
Title of the submitted documents
No.
Number of pages in the
document
The tender is valid to the date set forth in the contract documents.
The information provided in the tender shall be considered confidential:
Row
Title of the submitted document (it is recommended to use the word “Confidential” in the title)
No.
Note. If the Supplier fails to specify which information shall be treated as confidential, it shall be considered that the
tender does not contain confidential information.
(Position title of the Supplier or his
authorised person)
(Signature)
(Name and surname)
11
Annex No. 3 to the Tender Conditions
(Template of the Supplier`s
Declaration form) Emblem or
trademark (Title of the Supplier)
14.2. Tiekėjo deklaracija (4 priedas)
(Legal form, office, contact information of a legal entity, name of the register where data about the supplier is
accumulated and stored, code of a legal entity, value added tax payer code, when a legal person is a value added tax
payer)
PI “Užstato sistemos
administratorius”
SUPPLIER`S DECLARATION
No.
(Date)
(Place)
1. I,
,
(name of the position occupied, name and surname of the supplier or an authorized representative)
do hereby confirm that the legal entity I am in charge of (represent)
,
(Title of the
Supplier)
participating in ______________________________________________________________
(name of the procurement object, procurement code, type of procedure)
organised by _________________________________________________________________
(title of contracting authority)
___________________________________________________________________________ ,
announced in________________________________________________________________ ,
(title of the publication having issued announcement on procurement, date and no.)
has not entered into an arrangement with creditors, suspended or limited business activities; has not been the subject
of an administrative penalty (when the supplier is a natural person) or economic sanction (when the supplier is a legal
person) for being guilty of grave professional misconduct (violation of competition, labour, occupational safety and
health, environmental legislation) according to the laws of the Republic of Lithuania, when less than one year have
passed since the judgement imposing the sanction had come into effect, or less than three years have passed since the
judgement imposing the economic sanction on the supplier (legal person) for violation of the legislation prohibiting
agreements that unduly limit competition had come into effect. The Supplier has proper business reputation, i.e. for
the last 3 years the documents issued to the Supplier, certifying packaging waste management, were not declared void
or null.
2. I am aware that in case this declaration is false, pursuant to the provisions of the Tender Conditions the tender
submitted by the supplier shall be rejected.
3. The supplier is liable for the correctness of information provided in the declaration following the procedure
established in laws.
(Position of the Declarant)
(Signature)
(Name, surname)
12
Annex No. 3 to the Tender
Conditions
TECHNICAL SPECIFICATION
14.3. Techninė specifikacija (5 priedas);
I. General provisions
1.
The Services shall be procured to ensure fulfilment of all packaging waste management tasks set by the
manufacturers and importers given to PI “Užstato sistemos administratorius” (hereinafter referred to as
the Administrator), other functions assigned to the Administrator by laws and other legal acts, as well
as to ensure that the manufacturers and importers would acquire the right to use the bonuses applied to
the tax for environmental pollution with single-use packaging waste following the procedure established
in the Law on Tax for Environmental Pollution of the Republic of Lithuania.
2.
The Services shall be procured following the Law on Waste Management of the Republic of Lithuania,
i. 2 of p. 2 of Art. 112 of the Law on Management of Packaging and Packaging Waste of the Republic of
Lithuania and other legal acts, regulating packaging waste management. The definitions and terms used
in the Technical Specification shall be interpreted according to their description in the above-mentioned
legal acts.
3.
The Suppliers participating in the Tender shall specify in their tender the method of provision of
procured services, i.e. the method of recycling of single-use plastic (PET) packaging waste collected in
the deposit-refund system and other requirements established in the Tender Conditions.
II.
Subject matter of the procurement
4.
Subject matter of the procurement - procurement of services for sales and recycling of single-use plastic
(PET) packaging waste collected in the deposit-refund system (hereinafter referred to as the Services).
5.
The winner of the Tender, who signs the Contract, shall purchase from the Administrator the Packing
Waste collected in the deposit-refund system and pays to the Administrator the price per one ton set
forth in the Contract. The Supplier shall recycle the Packaging Waste at his own expense after
purchasing from the Administrator. The Supplier shall submit the documents certifying recycling of
amount of the Packaging Waste purchased from the Administrator. The documents shall meet the
requirements of legal acts of the Republic of Lithuania applicable on the date of issuing of the
documents.
6.
The Tenderer purchases the services for recycling of single-use packaging waste collected in the
deposit-refund system, the amounts of waste to sold are set forth in the Technical Specification. After
winning the Tender and signing the Contract the Supplier undertakes to recycle single-use packaging
waste in the amounts set forth in orders provided by the Administrator (notwithstanding whether they
meet the preliminary amounts set forth in the Technical Specification or not) at his own risk, and pays to
the Administrator for the packaging waste amount sold to the Supplier the price per 1 (one) tons set
forth in the tender. By undersigning the Contract the Supplier undertakes to recycle the purchased
packaging waste at his own expense. The Supplier who signed the Contract also undertakes to issue to
the Administrator documents, certifying the amount of recycled single-use packaging waste. The form
of such documents shall meet the requirements of legal acts of the Republic of Lithuania. If the waste
shall be recycled outside the Republic of Lithuania, i.e. in the European Union Member States or
European Economic Space, in such case the Supplier shall issue the documents certifying recycling of
single-use packaging waste of free form, specifying the amount of recycled packaging waste, recycling
method, received raw materials and other information required to the Administrator.
7.
The amounts of single-use packaging waste set forth in the Technical Specification are
preliminary, so during implementation of the Contract the amounts can be less or greater. The
Administrator does not undertake to sell certain amount of single-use packaging waste.
III.
Description of Services
13
8.
During provision of services the Supplier will have to recycle single-use packaging, collected in the
single-use packaging deposit system. The waste shall be recycled and prepared for use, i.e. they shall be
managed, so to fulfil the set packaging waste management tasks, and the Supplier shall provide the
Administrator with the documents certifying packaging waste management following the procedure
established in legal acts.
9.
The Administrator intends to acquire the Services for the following preliminary amounts, that are
indicated in tonnes:
9.1. Plastic (PET) packaging waste
January
February
March
0
64
172
April
May
June
July
August
September
October
November
December
TOTAL
342
400
646
739
1022
950
820
704
652
6511
9.2. The scope of services can increase or decrease depending on demands of the Administrator. The
Services shall be provided according to the orders of the Administrator, following the procedure
established in the Contract, so the amounts of single-use packaging waste set forth in paragraph 9 of the
Technical Specification is not final. The Administrator cannot have effect on the amount of packaging
waste collected in the single-use packaging deposit system, and this amount does not depend on the will
of the Administrator. Single-use packaging deposit system has been operated in the Republic of
Lithuania just since 01/02/2016, so it impossible to foresee exact amount of single-use packaging waste
to be collected by the single-use packaging deposit system. Considering the fact that the Administrator
does not undertake to sell to the Tender winner certain amounts of packaging waste, and the Supplier is
aware and understands that the amount of packaging waste to be sold can be much lower or higher that
the preliminary amounts set forth in the Technical Specification. The amount of packaging waste to be
sold to the Supplier shall be referred to the Supplier`s risk. The Administrator is not and cannot be liable
for the amounts of packaging waste to be sold. The amounts of packaging waste set forth in the
Technical Specification are preliminary. Anyway, during the Contract validity period the Supplier will
be able to purchase from the Administrator the whole amount of packaging waste at the price set in the
Contract, even when this amount differs (is lower of higher) from the packaging waste amount set forth
in the Technical Specification.
10.
The Services shall be provided to: 31/12/2016.
11.
Key Service provision requirements:
11.1. while providing the Services the Supplier shall manage only the single-use packaging waste collected in
the deposit-refund system of the Administrator, purchased by the Supplier from the Administrator;
11.2. documents certifying waste management shall be issued only for the amount of packaging waste, which
was recycled following the requirements of the applicable legal acts within the territory of the Republic
of Lithuania or within the territory of a Member State of the European Union or European Economic
Space within payment period or after its expiry date, but not later than within 15 (fifteen) days after the
date of expiry of the payment period.
11.3. within the whole Contract validity period the Supplier shall meet the qualification requirements, set forth
in the Tender Conditions;
11.4. the Supplier ensures that during provision of Services the documents certifying management (recycling)
of single-use packaging waste purchased from the Administrator would be issued following the
requirements of applicable legal acts regulating the procedure for issuing of documents certifying
management of items and (or) packaging waste.
12. The Supplier shall provide to the Administrator the documents certifying packaging waste management
under the conditions and terms established in the Contract.
13. The Supplier ensures that during provision of Services accounting of packaging waste (including
accounting of subcontractors attracted) will comply with the procedure established in legal acts.
14. At the place of activity the Supplier shall store all documents related to the waste accounting and delivery
to other management entities, as well as all other documents related to the Service provision, which under
14
the requirements of legal acts of the Republic of Lithuania should be available at the place of economic
activity.
15. The Administrator or authorised person of his control service can enter the premises of the Supplier at any
time without preliminary consent or permit of the Supplier and study the documents set forth in
paragraphs 13 and 14 of the Technical Specification, as well as to carry out all other procedures or
inspections, required to assure in proper fulfilment of the Contract conditions.
16. The Supplier shall be responsible for following to the requirements of environmental safety, labour
safety, traffic safety, fire safety and other legal acts.
15
Annex No. 4 to the Tender
Conditions
CONTRACT DRAFT
FOR SALES AND RECYCLING OF SINGLE-USE PLASTIC (PET) PACKAGING WASTE
COLLECTED IN THE DEPOSIT-REFUND SYSTEM
____ _____________2016, No. [___]
Vilnius
PI “Užstato sistemos administratorius”, legal entity code 303370260, address A. Tumėno Str. 4, LT01109 Vilnius, represented by the Chief Executive Officer Gintaras Varnas, acting in accordance with the
Articles of Association of the Public Institution (hereinafter referred to as the Administrator), and
[__________________], legal entity code [_________________], address [______________________],
represented by [_____________________], acting in accordance with [____________________]
(hereinafter referred to as the Buyer),
Hereinafter collectively referred to as the „Parties“, and individually – as a „Party“,
CINSIDERING THAT:
(A) Following Article 11 of the Law on Management of Packaging and Packaging Waste of the Republic
of Lithuania (hereinafter referred to as the Law), since 01/02/2016 he single-use packaging deposit
system (hereinafter referred to as the Deposit System)has been operated in the Republic of
Lithuania;
(B) The Administrator carries out the activity described in Article 112 related to administration of singleuse packaging deposit system and fulfils all functions referred to him in the Law;
(C) I. 2 of p. 2 of Article 112 of the Law provides that the administrator of single-use packaging deposit
system shall organise management of single-use packaging waste collected in the Deposit System by
selecting on public tender basis waste management entities, which will recycle the single-use
packaging waste collected in the Deposit System, ensuring fulfilment of tasks related to collection
and recycling of single-use packaging waste for which a deposit shall be paid;
(D) Fulfilling the obligations set forth in i. 2 of p. 2 of Article 11 2 of the Law, on [date] the
Administrator declared the public tender for selection of waste management entities (hereinafter
referred to as the Tender), during which he took a decision on recognition the Buyer as the Tender
winner;
(E) The Buyer intends to purchase from the Administrator and recycle the single-use packaging waste
collected in the Deposit System of the Administrator;
(F) Under the Contract the Parties intends to regulate selling of the single-use packaging waste collected
in the Deposit System to the Buyer and their recycling, so to ensure fulfilment of tasks for collection
and recycling of packaging waste, which are the subject to deposit payment;
THERFORE, the Parties agreed and concluded the Contract for recycling of single-use plastic (PET)
packaging waste collected in the Deposit System (hereinafter referred to as the Contract):
1.
SUBJECT MATTER OF THE CONTRACT
1.1.
Under the Contract the Buyer undertakes to purchase from the Administrator single-use plastic (PET)
packaging waste collected in the Deposit System and listed in Annex No. 1 to the Contract (hereinafter
16
referred to as the Packaging Waste), recycle them using the method set forth in Annex No. 1 to the
Contract and issue to the Administrator a document meeting the requirements of legal acts, certifying
the amount of Packaging Waste recycled.
1.2.
Price to be paid by the Buyer to the Administrator for one ton of appropriate Packaging Waste is set
forth in Annex No. 2 to the Contract (hereinafter referred to as the Price).
1.3.
Preliminary amount of Packaging Waste planned to be sold to the Buyer during the Contract validity
period is set forth in Annex No. 1 to the Contract.
1.4.
In case where the Contract validity period set forth in Clause 9.1 of the Contract is extended following
the procedure established herein, the Parties shall establish the amount of Packaging Waste planned to
be sold during signing of an agreement for extension of the Contract term.
1.5.
The Buyer hereby confirms that he is aware and understands that The Administrator cannot affect the
amount of packaging waste collected in the single-use packaging deposit system, and this amount does
not depend on the will of the Administrator. Single-use packaging deposit system has been operated in
the Republic of Lithuania just since 01/02/2016, so it impossible to foresee exact amount of single-use
packaging waste to be collected by the single-use packaging deposit system. Considering this fact the
Parties hereby agree that the Administrator does not undertake to sell to the Buyer certain amounts of
packaging waste, and the Buyer is aware and understands that the amount of packaging waste to be
sold can be much lower or higher that the preliminary amounts set forth in the Contract. The amount
of packaging waste to be sold to the Buyer shall be referred to the Supplier`s risk. The Parties hereby
agree and confirm that the amount (s) of Packaging Waste planned to be sold and set forth in Annex
No. 1 to the Contract is preliminary. The Parties hereby agree that anyway, during the Contract
validity period the Buyer will be able to purchase from the Administrator the whole amount of
packaging waste at the price set in the Contract, even when this amount differs (is lower of higher)
from the packaging waste amount set forth in the Contract.
2.
REQUIREMENTS TO PACKAGING WASTE
2.1.
The Packaging Waste sorted in the reference centre of the Administrator shall be sold under the
Contract.
2.2.
The Administrator hereby ensures that the Packaging Waste to be sold under the Contract will be
pressed into separate units. Dimensions, weight, fastening (preparation for delivery) of each Packaging
Waste unit shall meet the requirements set forth in Annex No. 1 to the Contract.
2.3.
The Packaging Waste shall meet the quality requirements set forth in Annex No. 1 to the Agreement.
A Packaging Waste unit cannot contain other type of material, exceeding the permissible level, set
forth in Annex No. 1 to the Contract. Content of a Packaging Waste unit shall be treated as not
complying with the Contract, if its content exceeds maximum permissible levels, set forth in Annex
No. 1 to the Contract.
3.
INSPECTION AND WEIGHTING OF PACKAGING WASTE
3.1.
Each sold Packaging Waste unit is weighted by the Administrator at the appropriate place of activity
(reference centre), and the results obtained are specified in an appropriate written delivery document
prepared by the Administrator (hereinafter referred to as the Delivery Document), to be followed for
calculation of certain purchasing price.
3.2.
The Buyer shall weight the Packaging Waste at the place of activity (reference centre) and note the
weight repeatedly in the Delivery Document. Upon request of the Administrator the Parties shall once
again weight the unit (s) at the place of activity of the Buyer (reference centre) or in an independent
reference (Packaging Waste weighting) centre in the presence of representatives of both Parties. The
results of such repeated weighting shall be considered final and binding to the Parties. The Parties
shall follow the results while calculating certain purchasing price. If the Administrator does not
17
demand repeated weighting, the weighting results set forth in the Delivery Document shall be
considered final and binding to the Parties.
3.3.
If under the delivery conditions of the Contract the Packaging Waste were delivered (transferred) to
the Buyer at the other place, i.e. not at the place of activity of the Administrator, the Buyer undertakes
to inspect the Packaging Waste and inform the Administrator in writing about any non-conformances/
failures not later than within 5 (five) business days after the date of delivery (transfer) of appropriate
Packaging Waste to the Buyer. In case of any non-conformances/ failures the Buyer shall ensure that
the appropriate Packaging Waste unit (s) would be stored under the conditions similar to the
conditions existing during the delivery to the Buyer at least within 10 (ten) business days after the date
of notice about failures, so that the representative of the Administrator could inspect the appropriate
Packaging Waste unit (s) in the presence of the representative of the Buyer.
3.4.
The Parties hereby agree that in case where the Buyer violates his obligations set forth in Clause 3.2 or
Clause 3.3 of the Contract, he cannot base on the Packaging Waste non-conformance/ failure.
3.5.
If the delivered Packaging Waste do not meet the quality requirements set forth in Annex No. 1 to the
Contract, and the non-conformance was detected not in the place of activity of the Administrator after
their delivery (transfer) to the Buyer, the Buyer does not have the right to demand that the
Administrator would replace defective Packaging Waste with other ones or would take any other
actions, except for those described in this Clause. If the received Packaging Waste do not meet the
quality requirements set forth in Annex No. 1 to the Contract, the Administrator shall cover the
expenses related to sorting of the Packaging Waste not complying with the quality requirements in the
amount of [...] Euro per each sorted ton. In such case the Buyer undertakes to pay just for the net
material weight, remained in the Buyer`s room after sorting, confirming the weight to the
representative of the Administrator.
4.
DELIVERY OF PACKAGIN WASTE
4.1.
The Packaging Waste shall be carried, delivered (transferred) to the Buyer and the risk shall be shared
between the Parties following the rules provided below: [....].
4.2.
During the Contract validity period the Packaging Waste shall be transferred to the Buyer. Packaging
Waste carriage and delivery documents and invoice for Packaging Waste shall be also delivered
during transfer of Packaging Waste to the Buyer or during collection of Packaging Waste from the
place of activity of the Administrator. Upon written agreement the Parties present details of the
Packaging Waste Delivery and Acceptance Schedule and its qualification procedure. Upon written and
/ or verbal agreement the Parties also have the right to establish Packaging Waste transfer frequency
other than described in this Clause. The Buyer hereby ensures that he will accept any amount of
Packaging Waste desired to be delivered by the Administrator upon the approved schedule.
4.3.
The Buyer hereby undertakes to ensure following to the approved Packaging Waste Delivery and
Acceptance Schedule.
4.4.
In case of objective reasons, the Administrator has the right to correct the Packaging Waste Delivery
and Acceptance Schedule unilaterally, giving a written notice to the Buyer not later than in 5 (five)
business days before the effective date of new schedule.
4.5.
The Parties hereby agree that anyway the Buyer receives the ownership right to the Packaging Waste
after final settlement of accounts only.
5.
PRICE, PAYMENT PROCEDURE
5.1.
The Parties hereby agree to pay for each delivery (lot) of appropriate Packaging Waste.
5.2.
The Price of each delivery (lot) of appropriate Packaging Waste (hereinafter referred to as the
Purchase Price) shall be set for the sold (delivered) amount (in tons) of appropriate Packaging Waste
18
multiplied by the Price for one ton of appropriate Packaging Waste type set forth in Annex No. 2 to
the Contract. Value-added tax shall be paid following the procedure established in law.
5.3.
The Purchase price shall be paid to the Administrator following the procedure described below: [...].
5.4.
The Purchase Price shall be paid in the form of payment order to the banking account of the
Administrator provided in the Contract or specified individually in writing. Payment obligation shall
be treated as fulfilled after the whole Purchase Price enters the banking account of the Administrator.
6.
RECYLCING OF PACKAGING WASTE
6.1.
Under the Contract the Buyer undertakes to recycle the whole amount of Packaging Waste sold by the
Administrator under the Contract using the method set forth in Annex No. 1 to the Contract at his own
expense and risk, following the requirements of the applicable legal acts. This is an essential condition
of the Contract. The Parties hereby clearly agree that the Administrator shall not pay to the Buyer any
fee for recycling of Packaging Waste.
6.2.
The Parties hereby agree that the Packaging Waste should be recycled within the term agreed by the
Parties, however in any case within payment period or not later than within 15 (fifteen) calendar days
after the period expiry date. The Buyer undertakes to ensure proper fulfilment of this obligation. This
is an essential condition of the Contract.
6.3.
Immediately after recycling of Packaging Waste the Buyer undertakes to provide the Administrator
with documents, certifying the amount of Packaging Waste recycled. The Documents, certifying the
amount of Packaging Waste recycled, shall totally meet the requirements of the legal acts applicable of
the date of issue of the documents. Anyway, the Buyer undertakes to provide the Administrator with
documents, certifying the amount of Packaging Waste recycled, within the payment period not later
than within 20 (twenty) calendar days after the period expiry date. This is an essential condition of the
Contract.
6.4.
The Buyer does not have the right to change the method of recycling of Packaging Waste set forth in
Annex No. 1 to the Contract, except for cases when the Administrator gives his preliminary written
consent.
6.5.
The Buyer shall ensure at his own expense and risk that the Administrator could always prove to the
state authorities and (or) manufacturers and importers taking part in the Deposit System that the whole
amount of Packaging Waste sold under the Contract was recycled according to the requirements of the
applicable legal acts. The Buyer is responsible for lawfulness and validity of the documents, certifying
the amount of Packaging Waste recycled.
6.6.
Besides the documents, certifying the amount of Packaging Waste recycled, the Buyer shall issue to
the Administrator all other documents, required according to Regulation (EC) No. 1013/2006 of the
European Parliament and of the Council of 14 June 2006 on shipments of waste (hereinafter referred
to as the Regulation), following the requirements of the Regulation. The Buyer shall ensure that all
above-mentioned documents related to recycling of Packaging Waste would be stored at the Buyer for
at least 10 (ten) years after the date of recycling of appropriate Packaging Waste, but not less than
within the period required by legal acts.
7.
OTHER OBLIGATIONS, REPRESENTATIONS AND GUARANTEES OF THE BUYER
7.1.
By undersigning the Contract the Buyer represents and guarantees that:
7.1.1.
He currently has and will have within the whole Contract validity period all valid licenses,
permits, powers of attorney, approvals, etc., which under legal acts are compulsory for
implementation of the Contract;
19
7.1.2.
He currently has and will have within the whole Contract validity period sufficient financial
and other resources, means and equipment required for execution of the Contract in full
scope;
7.1.3.
Any third parties attracted by the Buyer for fulfilment of his contractual obligations will
always have valid licenses, permits, powers of attorney, approvals sufficient financial and
other resources, means and equipment required for proper fulfilment of the obligations taken
under the Contract;
7.1.4.
He is aware and realise that the legal acts, regulating recycling of Packaging Waste collected
in the Deposit System, can change during the Contract validity period. The Buyer hereby
undertakes to follow and fulfil all requirements of legal acts applicable during fulfilment of
appropriate contractual obligations at his own expense and risk;
7.1.5.
He will properly and within the terms set in legal acts fulfil all the obligations related to
recycling of Packaging Waste, including but not limited to submission of all required
documents and information to state authorities, following to the packaging waste carriage,
recycling and other requirements;
7.1.6.
He will also fulfil and follow the requirements of legal acts of the European Union and
international contracts;
7.1.7.
He will sign all documents required for execution of the Contract following the requirements
of the Regulation and other legal acts;
7.1.8.
He will compensate all losses to be sustained by the Administrator and (or) manufacturers
and importers taking part in the Deposit System as the result of improper fulfilment of
contractual obligations taken by the Buyer.
7.2.
The Buyer undertakes to give a written notice to the Administrator about any circumstances, having
impact on the Contract execution, immediately but not later than within 1 (one) business day.
7.3.
The Buyer is responsible for accuracy of weighting of Packaging Waste using weighting equipment of
the Buyer.
7.4.
Upon request of the Administrator the Buyer undertakes to provide him all required information
related to the Contract execution. The Buyer undertakes to reply to any letters, inquiries, requests, etc.
of the Administrator not later than within 3 (three) business days after the date of receipt of the
Administrator`s letter.
7.5.
Upon request of the Administrator the Buyer undertakes to sign all agreements and (or) other
documents (of content specified by the Administrator), which are compulsory according to the
Regulation and (or) other legal acts and (or) requirements of state authorities, immediately or not later
than within 3 (three) business days after the date of receipt of the request.
8.
LIABILITY
8.1.
In case of violation of obligations taken under the Contract the Buyer undertakes to compensate all
losses sustained by the Administrator and (or) manufacturers and importers taking part in the Deposit
System. The Parties hereby agree that the losses described in this Clause cover (but not limited to)
taxes paid by the manufacturers and importers taking part in the Deposit System for pollution of the
environment, proportional to the amounts of Packaging Waste failed to be recycled by the Buyer and
(or) failed to be justified by the documents. The described losses shall be compensated by paying the
amounts specifying in the Administrator`s letter within 5 (five) business days after the date of receipt
of written request of the Administrator.
20
8.2.
If the Buyer violates the obligations set forth in Clause 6.2 and (or) Clause 6.3 of the Contract, he
undertakes to pay to the Administrator a penalty in the amount of 1000 Eur (one thousand Euro) for
each Packaging Waste ton, which recycling cannot be proved according to the requirements of the
applicable legal acts. The penalty set forth in this Clause shall be paid to the Administrator within 5
(five) business days after the date of receipt of written request of the Administrator.
8.3.
If the Buyer violates the obligation set forth in Clause 4.3., and the Packaging Waste cannot be
delivered to the Buyer within the term agreed by the Parties, the Buyer undertakes to pay to the
Administrator a penalty in the amount of 1000 Eur (one thousand euro) for each Packaging Waste ton,
which cannot be delivered to the Buyer within the agreed term. The penalty set forth in this Clause
shall be paid to the Administrator within 5 (five) business days after the date of receipt of written
request of the Administrator.
8.4.
If the Buyer fails to pay the Purchase Price timely, he undertakes to pay to the Administrator a penalty
in the amount of 0.05 per cent (five hundredth), calculated from the unpaid amount (VAT included)
for every delayed day. The penalty set forth in this Clause shall be paid to the Administrator within 5
(five) business days after the date of receipt of written request of the Administrator.
8.5.
If the Buyer terminates the Contract unilaterally without any legal basis, or if the Administrator is
forced to terminate the Contract due to the reasons under control of the Buyer, the Buyer undertakes to
pay to the Administrator a penalty in the amount of 10 000 Eur (ten thousand Euro) and compensate
all losses uncovered by the penalty. The losses described in this Clause include (but not limited to): (i)
expenses related to organisation of new public tender for selection of waste management entity; (ii)
difference between the Price set forth in the Contract and the price offered by the new waste
management entity (the difference shall be calculated comparing the amounts, multiplying the
received prices by the amount of Packaging Waste planned to be recycled during the Contract validity
period); (iii) taxes paid by the manufacturers and importers taking part in the Deposit System for
pollution of the environment, proportional to the amounts of Packaging Waste failed to be recycled by
the Buyer. The losses set forth in this Clause shall be compensated to the Administrator within 5 (five)
business days after the date of receipt of written request of the Administrator.
9.
VALIDITY AND TERMINATIONS OF THE CONTRACT
9.1.
The Contract enters into force on the date of signing is valid to: [....].
9.2.
Upon written agreement of the Parties the Contract validity period set forth in Clause 9.1 of the
Contract can be extended for the period not exceeding 6 (six) month.
9.3.
The Administrator has a right to terminate the Contract unilaterally without applying to court, giving a
written notice to the Buyer in 5 (five) business days in case if:
9.3.1.
The a bankruptcy case or restructuring procedure initiated against the Buyer, or the Buyer is
otherwise is incapable to fulfil his contractual obligations and upon request of the
Administrator fails to provide proves/ guarantees of fulfilment of these obligations in future;
9.3.2.
The Buyer violates any of his obligations under the Contract, including but not limited to
failure to recycle the whole amount of Packaging Waste within the term set, failure to submit
the document, certifying the recycled amount of Packaging within the term set, fails to
ensure collection of Packaging Waste within the term set, etc.;
9.3.3.
The Buyer fails to pay for the Packaging Waste within the term set in the Contract and fails
to eliminate this violation within the term set by the Administrator;
9.3.4.
The Buyer loses the right to pursue packaging waste recycling activity and (or) loses the
right to issue documents, certifying the amount of packaging waste recycled, and (or) his
owned pollution integration prevention and control permit does not give the right (is
insufficient) to recycle the amount of packaging waste desired by the Administrator, and (or)
the Buyer`s capacities become insufficient to recycle the amount of packaging waste sold by
the Administrator;
9.3.5.
The document issued by the Buyer, certifying the recycled waste amount (according to this
Contract or other contracts of the Buyer and third parties) is declared void or null;
21
9.3.6.
There are such circumstances resulting in risk of failure to fulfil the contractual obligations
taken by the Buyer.
9.4.
The Administrator has a right to terminate the Contract unilaterally without applying to court due to
any reason, giving a written notice to the Buyer in 14 (fourteen) business days.
9.5.
Termination of the Contract does not eliminate the obligations of the Buyer related to the amount of
Packaging Waste delivered to the Buyer before the Contract termination date.
10.
OTHER PROVISIONS
10.1. The Buyer does not have the right to delegate his rights and (or) duties under the Contract to third
parties, except for cases, when he receives a preliminary written consent of the Administrator.
10.2. The Buyer has the right to attract third parties for implementation of the Contract only in case where
the Administrator gives his written consent (this provision shall not be applicable to the third parties
announced during the Tender).
10.3. Upon mutual agreement the Parties can amend or supplement the Contract. Such amendments or
supplements are valid only if they are drawn up in writing and properly signed by both Parties.
10.4. The Parties hereby represent that they have disclose to each other their available information, which is
significant for the Contract conclusion and implementation.
10.5. Where one of the Contract conditions is or becomes null or void, this shall not have impact on the
validity of other provisions of the Agreement. The invalid condition shall be replaced with a valid one
with the closest meaning to the replaced provision.
10.6. Substantive Law of the Republic of Lithuania shall be applied to the Contract.
10.7. Disagreements, disputes and claims, which may arise between the Parties in relation to the Contract,
its application or interpretation, shall be settled by way of negotiations, following mutual agreement
and cooperation. If disagreements of the Parties cannot be solved by way of negotiations within a
reasonable term, the parties shall solve them in a court of the Republic of Lithuania, establishing
jurisdiction by the place of registration of the Administrator. Disputes shall be settled according to
procedural legal regulations.
10.8. All notices and other correspondence set by the Parties under the Contract shall be served against
acknowledgement of receipt, set by registered mail, fax or by e-mail.
10.9. Each Party hereby undertakes to inform the other Party immediately about any change of his contact
information. If the Party fails to fulfil the obligation set forth in this Clause, notices and other
correspondence set by the other Party at the last known address shall be treated as properly served.
10.10. Notices and other correspondence of one Party shall be considered received by the other Party:
10.10.1. On the date of serving, if served against acknowledgement of receipt;
10.10.2. in 3 business days, if sent by registered mail;
10.10.3. if sent by fax or e-mail – on the same date, if sent from 08.00 a.m. to 17.00 p.m., or on the
next business day, if sent on day off or holiday or on other time.
10.11. The Parties hereby undertake to treat as confidential the content of the Contract, discussions,
negotiations and any other written, verbal information directly or indirectly related to the Contract and
its implementation, as well as any other information or documents, received from the other Party,
except for: (i) if the parties in writing agreed to disclose appropriate information to third parties; or (ii)
such information was or became publicly accessible; or (iii) disclosure of such information is required
according to the applicable legal acts.
10.12. The Contract is drawn up in 2 copies in [......] language – one copy to each Party to the Contract.
22
10.13. The Contract has the following annexes:
10.13.1. Annex No. 1;
10.13.2. Annex No. 2.
10.14. Details and signatures of the Parties:
Administrator
Buyer
23
Annex No. 1
ANNEX NO. 1
TO THE CONTRACT FOR RECYCLING OF SINGLE-USE PLASTIC (PET) PACKAGING
WASTE COLLECTED IN THE DEPOSIT-REFUND SYSTEM NO. [...] of [...]
PI “Užstato sistemos administratorius”, legal entity code 303370260, address A. Tumėno Str. 4, LT01109 Vilnius, represented by the Chief Executive Officer Gintaras Varnas, acting in accordance with the
Articles of Association of the Public Institution (hereinafter referred to as the Administrator), and
[__________________], legal entity code [_________________], address [______________________],
represented by [_____________________], acting in accordance with [____________________]
(hereinafter referred to as the Buyer),
Agreed and drawn the annex (hereinafter referred to as the Annex) to the Contract for Recycling of SingleUse plastic (PET) Packaging Waste Collected in the Deposit-Refund System No. [...] of [...] (hereinafter
referred to as the Contract):
1.
1.1.
Under the Contract the Administrator sells to the Buyer, and the Buyer purchases the following
Packaging Waste:
[name] [code]
2.
Method (s) for recycling of packaging waste is (are) the following: [...].
3.
Preliminary amounts that are indicated in tonnes of packaging waste are the following:
3.1. Plastic (PET) packaging waste
January
February
March
0
64
172
April
May
June
July
August
September
October
November
December
TOTAL
342
400
646
739
1022
950
820
704
652
6511
4.
Requirements to the packaging waste quality, preparation for sale, etc.: [...].
5.
The Annex is an integral part of the Contract.
Administrator
Buyer
24
Annex No. 2
ANNEX NO. 2
TO THE CONTRACT FOR RECYCLING OF SINGLE-USE PLASTIC (PET) PACKAGING
WASTE COLLECTED IN THE DEPOSIT-REFUND SYSTEM NO. [...] of [...]
PI “Užstato sistemos administratorius”, legal entity code 303370260, address A. Tumėno Str. 4, LT01109 Vilnius, represented by the Chief Executive Officer Gintaras Varnas, acting in accordance with the
Articles of Asscoiation of the Public Institution (hereinafter referred to as the Administrator), and
[__________________], legal entity code [_________________], address [______________________],
represented by [_____________________], acting in accordance with [____________________]
(hereinafter referred to as the Buyer),
Agreed and drawn the annex (hereinafter referred to as the Annex) to the Contract for Recycling of SingleUse Plastic (PET) Packaging Waste Collected in the Deposit-Refund System No. [...] of [...] (hereinafter
referred to as the Contract):
1.
Price (s) for purchasing of packaging waste is (are) as follows: [...].
2.
The Annex is an integral part of the Contract.
Administrator
Buyer
25