1.2 Contracting Entity

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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)
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