CONTRACT DOCUMENTS Date: 2011-02-10 Last day for submission 2011-03-09 of tender: Ref no: IFM-2011-00034 Validity of tender: 2011-04-30 Procurement procedure: Simplified procurement You are hereby invited to submit a tender for CRYOGEN FREE OPTICAL CRYOSTAT SYSTEM for the Dept. of Physics, Chemistry and Biology (IFM) at Linköpings universitet, Sweden according to the conditions stated in these contract documents. 1(18) 1. ADMINISTRATIVE REGULATIONS 1.1 GENERAL INFORMATION A cryogen free optical cryostat system is to be procured by the Dept. of Physics, Chemistry and Biology (IFM) at Linköpings universitet. 1.1.1 Scope An offer must be given for a complete cryogen free optical cryostat system consisting of a liquid-helium-free variable-temperature cryostat with 4-way optical access and all other required components such as a temperature controller, as specified in the technical specifications, Chapter 2. The system will be used for photoluminescence studies of semiconductor materials over the temperature range of 5.5-300K. 1.2 CONTRACTING ENTITY Linköpings universitet Dept. of Physics, Chemistry and Biology (called IFM) SE-581 83 Linköping Sweden 1.2.1 Contact person Questions regarding the Contract documents must be submitted directly to the contact person for this procurement. Answers to questions important for the tender submittal, will be announced at http://www.liu.se/upphandlingar . If the tenderer has obtained the enquiry information elsewhere than from the contact person below, he is solely responsible for notifying the contact person to receive clarifications. Name: Ingalill Gustafson Tel: +46 (0)13 281225 Fax: +46 (0)13 142355 E-mail: igu@ifm.liu.se 1.2.2 Complementary additions/Amendments Complementary additions/amendments according to the enquiry information are only binding if distributed in writing by the above contact person or being announced at www.liu.se/upphandlingar. 1.3 CONTRACT DOCUMENTS 1.3.1 List of documents The contract documents consist of the following documents and appendices: This document (administrative regulations, technical specifications and commercial conditions), Appendix 1: ALOS 05 Appendix 2: “Tender form/Declaration of truthfulness” The tenderer is solely responsible for obtaining complete documentation according to this list of documents. 2(18) 1.3.2 Disposition of the contract documents The administrative regulations contain requirements about formality and administration and also describe how the qualification of the tenderer and evaluation of the tender is performed. The technical specifications contain specific requirements concerning the procurement object. The commercial conditions stipulate requirements for the public contract. 1.4 PROCUREMENT PROCEDURE This is a simplified procedure, in accordance with the Swedish law of public Procurements. Tenders may be accepted without former negotiation. 1.5 THE TENDER-FORMAL REQUIREMENTS 1.5.1 Formality and validity of the tender The tender must: 1.5.2 be signed by an authorised representative of the tendering company, be submitted no later than March 9, 2011. The tenderer is solely responsible for the timely arrival of the tender. A tender that arrives later than stipulated, will not be considered, be valid until April 30, 2011 which explicitly must be confirmed in the tender. Submission of tender The tender can either be sent by post, by express or delivered personally at the address stated below. Opening hours: Monday – Friday 08.30 – 14.00 (closed for lunch 11.30 – 12.00). Please note: submit the tender in a closed envelope/package, mark the envelope/package “Tender “ and ref. number IFM-2011-00034, submit the tender in original and one (1) complete copy. Tenders submitted by fax or e-mail will not be accepted. Mailing address: Visiting and Express delivery address: Ingalill Gustafson Linköpings Universitet Dept. of Physics, Chemistry and Biology SE-581 83 Linköping Sweden Ingalill Gustafson Linköpings universitet Dept. of Physics, Chemistry and Biology Physics building SE-581 83 Linköping Sweden 1.5.3 Language The tender and all correspondence must be in the English or Swedish language. 3(18) 1.5.4 Disposition of the tender The tenderer is requested to follow the order and numbering of this document. The tender must contain statements on all requirements stipulated in the Technical specifications (chapter 2) and the Commercial conditions (chapter 3). If no statement is made, IFM is entitled to interpret this as if the requirement is not fulfilled/accepted. Please observe that the requirements of the Commercial conditions indicated as “must” also must be commented and accepted. 1.6 QUALIFICATION OF THE TENDERER The tenderer must be qualified according to juridical standard, technical capacity and experience. If the information asked for should not be sufficient or be omitted, the tenderer may be excluded from evaluation. 1.6.1 Juridical standard The tenderer will be excluded from participation in the award procedure if he is bankrupt or is being wound up, his affairs are being administered by the court, he has entered into an arrangement with his creditors, he has suspended payments, or he is subject to an injunction against carrying on business, or is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or for an arrangement with creditors or similar proceedings, or has been convicted of an offence concerning his professional conduct by a judgement which has the force of res judicata, or has been guilty of grave professional misconduct and the contracting entity can furnish proof this circumstance, or has not fulfilled obligations relating to registration in a professional trade register, or has furnished incorrect information requested below and may be excluded if he has not fulfilled obligations relating to the payment of social insurance fees or taxes in the country in which he is established or the country in which procurement takes place, or has in some material respect failed to furnish required information requested as mentioned below The tenderer must confirm that there are no grounds for excluding him according to the above, through leaving the below mentioned documents. Tenderers located abroad The following national official documents must be enclosed to the tender: 1) certificate of enrolment in a professional trade register, 2) certificate that the tenderer has fulfilled obligations relating to the payment of social security contributions, 3) certificate that the tenderer has fulfilled obligations relating to the payment of taxes. Swedish tenderers The Swedish tenderers may be checked with Skatteverket and Kronofogden. 4(18) All tenderers Appendix no 2, “Tender form/Declaration of truthfulness” must also be signed and enclosed to the tender. 1.7 SUBCONTRACTOR If the tenderer intends to engage subcontractors to perform certain parts or services, these shall be, stated, and specified in the tender. The same certificates concerning the company must be appended for any subcontractors, as presented in section 1.6.1. 1.8 EVALUATION PROCESS Before the evaluation process starts the formal requirements, in accordance with 1.5, are checked. If any of those are not fulfilled, the tender in question may not be taken into consideration. After that the evaluation process will be performed into two steps. The first step is qualification of the tenderer and the second is examination of the tender. 1.8.1 Qualification of the tenderer During the first step of the evaluation it is ascertained that the criteria for qualitative selection of a tenderer, in section 1.6, are fulfilled. If any of those is not fulfilled, information being omitted or incorrect, the tender may be rejected. 1.8.2 Examination of tender During the second step of the evaluation the requirements indicated as “must” in chapter 2, Technical specifications, and chapter 3, Commercial conditions, are checked. For further evaluation all those requirements must be fulfilled/accepted. If no statement is made with respect to a “must” requirement, IFM is entitled to interpret that as if the requirement is not fulfilled/accepted. Please observe that the requirements of the Commercial conditions indicated as “must” also must be commented and accepted. 1.8.3 Evaluation of tender Only tenders that have passed the above mentioned qualification and examination successfully will be evaluated regarding fulfilment of the requirements connected to the award criteria below. The public contract will be awarded to the economically most advantageous tender considering the criteria below. The criteria are listed in order of priority; the weighting indicates what importance each criterion is given at the evaluation. Final weight for each criterion will be determined within the stated interval at the time of evaluation. Criteria 1. 2. 3. Weight Price for system Overall technical performance Delivery time 5(18) 50-70 % 20-40 % 5% Criterion: 1. Price for system The total price will be given marks in relation to the lowest price as specified below, where 50 is the highest available mark. (Lowest offered total price)2 (The tender´s total price)2 x 50 Criteria: 2. Overall technical performance The tenders will be evaluated regarding fulfilment of the requirements, and given points in accordance with the intervals stated at each requirement in Chapter 2, where the highest points correspond to the highest performance. All tenders will then receive a mark for the criteria, based on the formula below, where 50 is the highest available mark. Max point sum: 37 The tender´s achieved sum of points x 50 The maximum point sum . Criterion: 3. Delivery time Delivery time (in weeks) after received Contract will be evaluated in accordance with pos. 3.1.1 and the below scale. If the delivery time is stated in intervals, the longest delivery time will be used at the evaluation of the tenders. This delivery time will also be used in the contract. The shortest delivery time The shortest delivery time + >2 weeks The shortest delivery time + >4 weeks The shortest delivery time + >6 weeks The shortest delivery time + >8 weeks receive the mark 50 receive the mark 40 receive the mark 30 receive the mark 20 receive the mark 10 Final marks The total mark for each criterion will be weighted as stated above. The sum of the weighted marks will be the final total mark, which corresponds to the economically most advantageous tender. 1.9 COMMERCIAL SECRECY In accordance with the Official Secrets Act (Offentlighets- och sekretesslag (2009:400)) all data pertaining to a matter of procurement is subject to secrecy until an agreement has been entered into or the procurement has otherwise been concluded. Any data mentioned may be subject to secrecy even after the aforementioned time. Note, however that only in exceptional cases is price information considered to be of such nature that it may be held secret for commercial reasons. With respect to commercial secrecy for the protection of a tenderers data, the requirement is that the data in question refers to the tenderers business- or service conditions and that there is a specific reason to presume that the tenderer will suffer damages if the data is disclosed. 6(18) If a tenderer considers the data submitted in connection with this procurement matter fulfils the aforementioned requirements for commercial secrecy, the tenderer should submit a request for commercial secrecy, in writing; with clarification concerning the data referred to and what damage the tenderer would suffer if the data were disclosed. 1.10 NOTIFICATION OF DECISION At least 10 days before signing the public contract, notification of IFM´s decision in this matter of procurement will be sent in writing to all tendering companies. Until the public contract being signed, an appeal for reconsideration of this decision may be made to Förvaltningsrätten i Linköping (the Administrative Court of Linköping). Address: Box 406, SE-581 04 Linköping, Sweden forvaltningsrattenilinkoping@dom.se http://www.forvaltningsrattenilinkoping.domstol.se 1.11 AGREEMENT Please note that there is no legally binding agreement until a public contract is signed by both parties. 2. TECHNICAL SPECIFICATION 2.1 INTRODUCTION A complete cryogen free optical cryostat system consisting of a variable-temperature cryostat with 4-way optical access and all other required components is to be procured by IFM at Linköpings Universitet. 2.2 THE FOLLOWING EQUIPMENT IS REQUIRED - A cryogen free variable-temperature optical cryostat including optical windows and sample rods and holders; - A temperature controller; - Vacuum pumping system (optional). 2.3 SPECIFICATIONS FOR THE SYSTEM 2.3.1 Fulfilled Yes No The system must be provided fully operational with all required components included, except of a vacuum pumping system that is an optional item. 7(18) 2.3.2 Fulfilled Yes No The cryostat must be cryogen free, without requiring external supply of liquid helium. 2.3.3 Fulfilled Yes No Operation temperatures of the cryostat must cover the range 5.5-300 K. The lowest base temperature must be specified and will be evaluated. (If a cryogen-free optical cryostat with a base temperature below 3K is available, a separate quotation for this system can be provided as an option asdescribed below in 2.4.2) Describe (1-5 p): 2.3.4 Fulfilled Yes No Temperature stability must be specified and will be evaluated. Describe (1-5 p): 2.3.5 Fulfilled Yes No Initial cooldown time to the base temperature must be specified and will be evaluated. Describe (1-3 p): 2.3.6 Fulfilled Yes No The total operation hours, before maintenance is required, must be specified and will be evaluated. Describe (1-5 p): 2.3.7 Fulfilled Yes No The cryostat must contain 4 optical windows providing lines of sight along 4 orthogonal horizontal directions. 8(18) 2.3.8 Fulfilled Yes No The optical windows must be transparent over the wavelength range of 2002000 nm. The transmission curve of the window material must be provided and will be evaluated. Describe (1-3 p): 2.3.9 Fulfilled Yes No The extent of optical access to the sample position must be specified in terms of an f-number and will be evaluated. Specify (1-5 p): 2.3.10 Fulfilled Yes No The cryostat must be of a top loading type, with the sample in exchange gas, which permits fast sample change. 2.3.11 Fulfilled Yes No The time required to change a sample near the base temperature must be specified and will be evaluated. Specify (1-5 p): 2.3.12 Fulfilled Yes No The sample rod must provide vertical adjustment and rotation. The range and accuracy of the adjustment and rotation must be specified and will be evaluated. Specify (1-3 p): 2.3.13 Fulfilled Yes No Vibration of the sample position during the operation should be as low as possible and must be < 50 m. It must be specified and will be evaluated. Specify (1-3 p): 9(18) 2.3.14 Fulfilled Yes No The temperature controller must be equipped with at least 2 channels. 2.3.15 Fulfilled Yes No Calibration curves and interconnecting cables to the cryostat must be provided together with the temperature controller. 2.3.16 Fulfilled Yes No An additional temperature sensor must be installed on or in close proximity to the sample holder, and must provide temperature reading at that location by the temperature controller. 2.3.17 Fulfilled Yes No The temperature controller must be able to provide a control of the temperature over the entire range of 5.5-300 K. 2.3.18 Fulfilled Yes No The temperature controller must be equipped with a standard computer interface and software that is compatible with Windows for PC. 2.3.19 Fulfilled Yes No The specifications of the vacuum pumping system required for proper operation of the cryostat must be provided. Specify: 10(18) 2.3.20 Fulfilled Yes No References to at least two successful projects of essentially the same cryofree optical cryostat system during the last two years must be provided with names, telephone numbers and e-mail addresses to contact persons of the customers. IFM will decide whether the projects are essentially the same and successful, or not. Specify: 2.4 OPTIONS 2.4.1 If available, a suitable vacuum pumping system must be quoted as an optional item. 2.4.2 If a cryogen-free optical cryostat with a base temperature below 3K is available, a separate quotation for a complete system (except of a vacuum pumping system) can be provided as an optional system. 3. COMMERCIAL CONDITIONS 3.1 DELIVERY 3.1.1 Delivery time Fulfilled Yes No Delivery time must be specified. If the delivery time is stated in intervals, the longest delivery time will be used at the evaluation of the tenders Specify: 11(18) 3.1.2 Fulfilled Yes No Delivery terms The delivery terms must be: DAP Linköpings universitet, Godsmottagningen, Linköping. (DAP=Delivered at place according to INCOTERMS 2010) 3.1.3 Fulfilled Yes No Delivery notification IFM must be kept informed about all the stages of the delivery process. Delivery notification must be sent to IFM no later than 2 working days before delivery. 3.2 DELAYED DELIVERY 3.2.1 Notification of delayed delivery Fulfilled Yes No If the Contractor finds that the agreed time of delivery cannot or appears unlikely to be met, IFM must without delay be notified of this in writing at the address igu@ifm.liu.se, specifying the contract number. Such notification must include the reason for the delay and, if possible, the time when it is expected that delivery can be made. If delay in delivery is due to IFM, circumstances within IFM’s control or circumstances specified in ALOS 05, article 25, Grounds for release (Force majeure), and notification has been given as specified above, the time of delivery must be extended to a time justified by the circumstances. 3.2.2 Fulfilled Yes No Liquidated damages If delivery has not been performed within the agreed time and the time of delivery has not been extended in accordance with clause 3.2.1 Notification of delay in delivery, IFM must be entitled to liquidate damages of 1% per week of the value of the part of the goods that as a consequence of the delay could not be put to its intended use. IFM must be entitled at its own discretion to credit itself accrued damages either by deducting damages from the price when making payment for the delayed delivery or by presenting the Contractor a specific demand for payment. If such a demand is presented, payment shall be made within 30 days of the day the demand is presented. 3.2.3 Maximum liquidated damages However, IFM´s maximum entitlement to liquidated damages pursuant to the above must be 10 % of the above mentioned value, excluding VAT. 12(18) Fulfilled Yes No 3.3 FACTORY TEST 3.3.1 Factory test Fulfilled Yes No The equipment must be thoroughly tested by the tenderer before delivery. 3.4 INSTALLATION/INSTALLATION TEST 3.4.1 Installation/Installation test Fulfilled Yes No The equipment will be placed at a laboratory of IFM, Linköpings universitet with power, central main cooling water supply, pressurised air and nitrogen gas connections. Any special requirements for installation at the laboratory must be stated in the quotation. The installation of the equipment and a test on site in Linköping must be performed by the Contractor and IFM in co-operation. The installation and all additional devices needed during installation or needed in order to demonstrate that the system fulfil the technical specifications must be included in the price and be provided by the Contractor, and the Contractor must take full responsibility for the installation. IFM will assist with making necessary extensions and connections of the power, water, and gas supplies to the instruments. The test at IFM must include the installation and function of the equipment, as well as agreed performance specifications and the documentation, and must be documented by the Contractor in form of a test report. If the test shows that the delivered equipment meet all the must-specifications in chapter 2, the Technical specifications, and is working according to agreed specifications, the installation/equipment will be approved. If the tests show that the delivered equipment does not fulfil agreed performance specifications, IFM must be entitled to cancel the contract in accordance with 3.18. 3.5 FINAL ACCEPTANCE TEST 3.5.1 Final acceptance test Fulfilled Yes No After installation test, the equipment must be at IFM´s disposal for tests during one month. If the equipment is working according to the agreed performance specifications and without significant faults or malfunctions during this month, the system will be accepted. If not, the faults or malfunctions must be amended by the supplier and another test period of one month must start. A maximum of three test periods will be allowed. If the equipment can’t be finally accepted within three test-periods, negotiations to solve the problem without losses for IFM must be initiated and IFM must have the right to cancel the contract. 13(18) 3.6 WARRANTY 3.6.1 Warranty/warranty period Fulfilled Yes No The warranty time for all the delivered equipment must be at least 1 year from the approval of the final acceptance test of the system (described above in 3.5.1) and must be a full warranty against defects in materials and workmanship for the delivered equipment. All costs in connection with guarantee actions must be borne by the Contractor, including travelling expenses, excluding consumables. Specify the offered warranty period: 3.6.1.1 Fulfilled Yes No Options: Extended warranty The user must have the possibility to either extend the warranty period or sign for a service contract following the above mentioned full warranty, when awarding the contract. Cost per year for extended full warranty per year and/or different types/levels of service contracts must be offered separately. 3.6.2 Fulfilled Yes No Warranty prolongation Standstill periods during the warranty period caused by defects or malfunctions notified by the Purchaser must result in a prolongation of the warranty period. The prolongation is to correspond to at least the total standstill period. 3.7 SAFETY AND HEALTH REQUIREMENTS Fulfilled Yes No 3.7.1 The system must fulfil all legal regulations on safety and health requirements. All equipment must be designed to fit the Swedish electrical system. Connections must be for 3 x 380/400 V AC or 220/230 V AC, 50 Hz. Any necessary transformers must be included. The equipments must be protected against electricity failure. 14(18) 3.8 CE MARKING AND CONFORMITY TO EU REGULATIONS Fulfilled Yes No 3.8.1 The tenderer must explicitly verify in the offer that the complete system and any separate parts will comply in conformity with the appropriate, relevant EU directive, (declaration of conformity), including CE marking. 3.9 TRAINING Fulfilled Yes No 3.9.1 Training necessary to be able to operate the offered equipment must be conducted during the installation. 3.10 SERVICE ORGANISATION Fulfilled Yes No 3.10.1 The tenderer must describe the service organization e.g. base of the service engineer(s) and where to send the equipment in case of repair. 3.11 SERVICE ENGINERS Fulfilled Yes No 3.11.1 The user must have the possibility to order service without a signed service contract for a period of at least 10 years after delivery. Fulfilled Yes No 3.11.2 Qualified service engineers must be available for on-site visits for a period of at least 10 years after delivery, if so required. 3.12 SPARE PARTS Fulfilled Yes No 3.12.1 The Purchaser must have the possibility to purchase spare parts, for a period of at least 10 years after delivery. 15(18) 3.13 SUPPORT Fulfilled Yes No 3.13.1 10 years availability of support by phone or mail must be guaranteed. 3.14 DOCUMENTATION Fulfilled Yes No 3.14.1 Detailed documentation of all delivered equipment, its operation, maintenance and service in English must be included and supplied on delivery. 3.15 PAYMENT 3.15.1 Contract price Fulfilled Yes No The total contract price must include the delivery terms DDU on-site IFM (incl. transport and insurance costs to site of installation), installation, setting the equipment into operation, testing, documentation, training and warranty. The total contract price must be given as a fixed price in SEK, excluding VAT. 3.15.2 Fulfilled Yes No Payment terms The payment terms must be as follows: 1. 70% of the total price against security and signed Public Contract. 1. 20% of the total price on approved installation. 2. 10% of the total price on approved “Final acceptance tests” (3.5) All payments must be against invoice 30 days net. 3.16 ADVANCE PAYMENT CONDITIONS Fulfilled Yes No 3.16.1 Security, in favor of the Purchaser, for advance payment must be presented, in form of a bank guarantee on demand, along with the signed public contract. The bank guarantee must correspond to the value of the advance and be valid until approved installation. 16(18) 3.17 INVOICE ADDRESS Fulfilled Yes No 3.17.1 Invoice and order acknowledgement must to be sent to the following address: Linköpings universitet Att. Ingalill Gustafson IFM SE-581 83 Linköping Sweden 3.18 CANCELLATION Fulfilled Yes No 3.18.1 IFM must be entitled to cancel all or part of the contract with immediate effect a) if delivery and installation is not performed within two months from the agreed time and this is not due to IFM or circumstances on their part, or b) if the equipment cannot be accepted after the installation-tests, provided that this is not caused by IFM, or c) if delivery is defective and this is not due to IFM or circumstances on their part and the defect may be regarded as a substantial breach of contract; or d) if the Contractor fails to perform other conditions of the contract and this may be regarded as constituting a substantial breach of contract, or e) if enforcement by a legal authority of a judgement or an enforceable decision of any other kind has shown the Contractor to be lacking the means of making full payment of a claim which is the subject of the judgement or decision, has suspended payments, applied for the appointment of an administrator pursuant to a composition legislation act or has been declared bankrupt. If cancellation is made, all payments made on the delivered equipment must be refunded IFM within 30 days from cancellation. 3.19 APPLICABLE LAW Fulfilled Yes No 3.19.1 The contract must be governed by Swedish law. 17(18) 3.20 GENERAL TERMS AND CONDITIONS Fulfilled Yes No 3.20.1 In other respects ALOS 05 must apply. (ALOS 05= General terms for supply of goods to the public sector). 18(18)