WIV-ISP-2011-PUB007-AERO 1- -1- GENERAL INVITATION TO TENDER Public Supply Contract: Procurement, delivery and installation Of a rodent nose-only inhalation system for exposures with Mycobacterium tuberculosis or other airborne pathogens of several animals in parallel with an aerosol management and control system for the reproducible aerosol infection of multiple groups of mice and rats. SPECIAL SCHEDULE OF REQUIREMENTS WIV-ISP-2011 PUB007-AERO Awarding authority FPS Public Health (Full address + individual to be contacted) Dr Johan Peeters, Managing Director, IPH Rue Juliette Wytsman, 14 1050 Brussels Purpose of contract Rodent nose-only inhalation system for exposures with Mycobacterium tuberculosis or other airborne pathogens General invitation to tender Award procedure Date and time of submission of bids On 27/10/2011 at 2 p.m. in Halter room Site inspection None Important notes: We draw bidders' attention to the fact that the paper copy of this special schedule of requirements, available at the IPH, Rue Juliette Wytsman 14, 1050 Brussels, takes precedence over any electronic version, should there be any differences or even contradictions between the two versions. Science at the service of public health, food chain safety and the environment. Special schedule of requirements – WIV-ISP-2011-PUB007-AERO 1 WIV-ISP-2011-PUB007-AERO 2- -2- Table of Contents Part I: ADMINISTRATIVE AND CONTRACTUAL CLAUSES Section 1: General stipulations 1.1. Regulations applicable to this contract 1.2. Departure from the general schedule of requirements 1.3. Awarding authority 1.4. Site inspection 1.5. Award procedure 1.6. Nature and Purpose of Contract 1.7. Contract price 1.7.1. Pricing procedure 1.7.2. Items included in the price 1.7.3. Price revision 1.7.4. Price verification 1.8. Contract duration 1.9. Implementation lead time 1.10 Delivery location and procedure 1.11. Duty to achieve a result Section 2: Bids and contract award 2.1 Bid submission 2.1.1. General 2.1.2. Preparing bids 2.1.3. Submission procedures 2.1.4. Bid opening 2.2. Selection criteria 2.2.1. Exclusion criteria 2.2.2. Selection criteria based on the bidder's financial resources 2.2.3. Selection criterion based on the bidder's technical capability 2.3. Award criterion 2.4. Variants 2.5. Bid validity period 2.6. Bid compliance 2.7. Contract notification Science at the service of public health, food chain safety and the environment. Special schedule of requirements – WIV-ISP-2011-PUB007-AERO 2 WIV-ISP-2011-PUB007-AERO 3- -3- Section 3: Terms and conditions of contract implementation 3.1. Bond 3.2. Acceptance 3.3. Extended warranty 3.4. Invoicing 3.5. Payment Section 4: Miscellaneous stipulations 4.1. Liability 4.2. Sanctions 4.3. Subcontractors 4.4. Confidentiality 4.5. Personal data protection 4.6. Language 4.7. Disputes Part II: TECHNICAL SPECIFICATIONS Appendix I: BID FORM Science at the service of public health, food chain safety and the environment. Special schedule of requirements – WIV-ISP-2011-PUB007-AERO 3 WIV-ISP-2011-PUB007-AERO 4- -4- Part I: ADMINISTRATIVE CLAUSES Section 1: General stipulations 1.1. Regulations applicable to this contract This contract is governed by: 1. General regulations on public contracts for works, supplies and services. Every bidder is deemed to be familiar with and accept the stipulations set out in the statutory texts listed below: The Law of 24 December 1993 on public contracts and certain contracts for works, supplies and - services (Belgian Official Gazette, 22 January 1994); The Royal Decree of 8 January 1996 on public contracts for works, supplies and services and on - public works concessions (Belgian Official Gazette, 26 January 1996); The Royal Decree of 26 September 1996 laying down general rules for implementation of public - contracts and public works concessions; - the appendix to the aforementioned Royal Decree of 26 September 1996, being the General schedule of requirements for contracts for works, supplies and services; any later text adding to and/or amending the aforementioned laws and decrees. 2. this special schedule of requirements and the appendices hereto. 3. any other document to which reference is made in this special schedule of requirements. 4. the contract notification as well as any correcting notification published under this contract. By virtue of submitting its bid, the bidder is deemed to have accepted the terms and conditions of this special schedule of requirements. In the event of any conflict between the bid and this special schedule of requirements, the latter shall prevail. Bidders' general terms and conditions and those of their subcontractors, if any, shall not apply to this contract, unless agreed specifically, in advance and in writing by the awarding authority. The awarding authority reserves the right to reject a bid which would render the bidder's general terms and conditions – or those of its subcontractors, if any – applicable to this contract. 1.2. Departure from the general schedule of requirements Pursuant to article 3(1) of the Royal Decree of 26/09/1996, this special schedule of requirements departs from the following stipulations in the general schedule of requirements: - Article 66 The details of this departure are set out in subsection 4.2 of this special schedule of requirements. 1.3. Awarding authority The awarding authority is the FPS Public Health, lawfully represented by Dr Johan Peeters, Managing Director of the Scientific Institute of Public Health, whose offices are located at Rue Juliette Wytsman 14, 1050 Brussels. Science at the service of public health, food chain safety and the environment. Special schedule of requirements – WIV-ISP-2011-PUB007-AERO 4 WIV-ISP-2011-PUB007-AERO 5- -5- Lead Official The lead official in charge of managing and monitoring the implementation of this contract is Mr Mark Van Pee, Finance Manager. Tel.: +32 2 642 56 23 E-mail: mark.vanpee@wiv-isp.be The lead official is authorised to make any decision within the scope of this special schedule of requirements, in order to enable proper implementation of the contract. Additional information Additional information relating to the content of the technical specifications for the contract can be obtained from Maître Marta Romano Tel.: +32 2 373 33 61; e-mail: marta.romano@wiv-isp.be Additional information relating to the administrative procedure can be obtained from: Mr Michel Grandjean Assistant Purchasing Manager Tel.: +32 2 642 53 71; Fax: +32 2 642 50 01; Mobile: +32 478 41 37 87; E-mail: michel.grandjean@wiv-isp.be 1.4. Site inspection Bidders are not required to visit the site where the supplies are to be delivered. 1.5. Award procedure This contract is to be awarded by General invitation to tender Pursuant to article 18 of the Law of 24 December 1993 on public contracts, the awarding authority may either decline to award the contract or repeat the procedure, by a different method if need be. 1.6. Nature and Purpose of Contract This contract is a supply contract pursuant to the regulations on public contracts. This contract consists of a single batch as follows: The purpose of this contract is the procurement, delivery, installation and commissioning of a rodent noseonly inhalation system for exposures with Mycobacterium tuberculosis or other airborne pathogens of several animals in parallel with an aerosol management and control system for the reproducible aerosol infection of multiple groups of mice and rats. The successful bidder will also be required to provide training for IPH staff. Moreover, the successful bidder is to submit prices for the following options: Mandatory option 1: aerosol management and control system The successful bidder will be ultimately required to guarantee the supply of necessary spare parts for a period of 5 years. Science at the service of public health, food chain safety and the environment. Special schedule of requirements – WIV-ISP-2011-PUB007-AERO 5 WIV-ISP-2011-PUB007-AERO 6- -6- The supplies must be new and have a guarantee as to their origin. They must be free from any defect that might adversely affect their proper operation. A complete description of the purpose of the contract appears in "Part – TECHNICAL SPECIFICATIONS" of this special schedule of requirements. 1.7. Contract price 1.7.1. Method of setting This contract is an all-inclusive fixed-price contract (Royal Decree of 8 January 1996, article 86). 1.7.2. Items included in the price The price includes all costs, expenses and taxes of whatever nature imposed on the supplies and services associated with the implementation of the contract, excepting VAT. Prices quoted are prices excluding VAT. The applicable rate of VAT is to be stated clearly in the bid as well as the amount including VAT. These prices include all direct or indirect costs, whatever they might be, which, by their nature, are subordinate to those arising from the special schedule of requirements. The following are included in particular: - administrative and secretarial costs, - packaging costs, - delivery charges, assembly, installation and commissioning; - travel, transport and insurance costs, - the cost of literature associated with the supplies and services, - delivery of documents or items associated with service implementation, - customs and excise duties relating to the equipment and products covered, - acceptance costs, - the 5-year extended warranty. On pain of having their bid declared null and void, bidders must submit prices for the whole of the schedule of special requirements including those for mandatory options. Mandatory options specified in this contract will be included in the evaluation for the awarding of this contract. The awarding authority nevertheless reserves the right to order those that best meet its operational and/or logistical needs and/or budgetary resources. 1.7.3. Price revision Prices cannot be revised for the entire duration of the contract. 1.7.4. Price verification Prior to award, at the request of the awarding authority, bidders are required to supply the awarding authority with all the information enabling the latter to verify the prices quoted. 1.8. Contract duration The contract will take effect on the first calendar day following the sending of the contract award notification by the awarding authority to the chosen bidder. The contract will end on expiry of the extended warranty in item 2 or on expiry of the maintenance contract if the awarding authority orders this option. Science at the service of public health, food chain safety and the environment. Special schedule of requirements – WIV-ISP-2011-PUB007-AERO 6 WIV-ISP-2011-PUB007-AERO 7- -7- 1.9. Implementation lead time Bidders are to specify in a memorandum attached to their bid the implementation lead time expressed in calendar days, within which they undertake to deliver the equipment. Delivery of the equipment specified in this special schedule of requirements must be completed in any event by 15 /02/2012 at the latest. They are to enclose with their bids a clear schedule identifying the different stages of delivery. The schedule must be compatible with IPH working hours: 8 a.m. - 12.30 p.m. and 1.30 p.m. - 4 p.m. 1.10. Delivery site and procedure The supplies are to be delivered to the following address: FPS Public Health, Food Chain Safety and Environment Scientific Institute of Public Health ''Immunology Laboratory L3'' Section 642 Rue Engeland BE-1180 Brussels The successful bidder is required to give notice to the awarding authority of its coming at least 15 days before the day of delivery. 1.11. Duty to achieve a result The bidder, in its quotation or proposal, undertakes to abide by the duty to achieve a result, i.e. that it will provide all that is necessary to satisfy the implementation of the contract to achieve the results set out in this schedule of special requirements. Should this schedule show omissions, errors and/or inaccuracies, the bidder is to point them out and correct them in a separate document and set out the appropriate explanations and consequences, for financial and technical aspects in particular and send them without delay to the awarding authority. Section 2: Bids and contract award 2.1. Bid submission 2.1.1. General The bidder is to indicate clearly in its bid what information is confidential and/or relates to confidential technical or commercial material and which cannot therefore be disclosed by the awarding authority. Under article 103 of the Royal Decree of 8 January 1996, on pain of being declared null and void, each bidder may only submit one bid. 2.1.2. Preparing bids Bidders are required to use the attached quotation form, which is Appendix 1 to this special schedule of requirements. If, however, other documents are used, the bidder is required to certify on every document that the document complies in all respects with the quotation form appended to the special schedule of requirements. The quotation, dated and signed by the bidder or its representative, must be drawn up in French or Science at the service of public health, food chain safety and the environment. Special schedule of requirements – WIV-ISP-2011-PUB007-AERO 7 WIV-ISP-2011-PUB007-AERO 8- -8- English and in three copies (1 original as the authentic version and 2 copies) complying with all the requirements of this special schedule of requirements. It is to be accompanied by all the documents required by this special schedule of requirements. Any deletions, additions and additional or amending statements in the quotation as well as in its appendices of a nature liable to influence the essential conditions of the contract, such as price, lead times, technical requirements, must likewise be signed by the bidder or its authorised representative. The quotation is to include the following documents, to be inserted in the specified order: 1) The bid form duly completed, dated and signed by the bidder. 2) If a bid is submitted by an authorised representative, the latter is to enclose with the bid a copy of the authentic deed or private contract by which he is authorised or a copy of the appendix to the Belgian Official Gazette publishing the authority of the representative. 3) all documents required by this special schedule of requirements (qualitative selection, technical documents, etc.). 2.1.3. Submission procedures Bids must be received no later than 27/10/2011 at 2 p.m. for the attention of Mr Johan Peeters at the following address: FPS Public Health, Food Chain Safety and Environment Scientific Institute of Public Health 14, rue Juliette Wytsman -1050 Brussels, The bid is to be inserted into a permanently sealed envelope, marked up as follows: - Bidder's name and address - Bid for contract WIV-ISP-2011-PUB007-AERO - General invitation to tender, date and time of bid opening - DO NOT OPEN If sent by registered or ordinary post, this sealed envelope is to be inserted into a second sealed envelope marked up as follows: - "bid" for contract WIV-ISP-2011-PUB007-AERO in the top left-hand corner; - the address of the awarding authority The bid may also be handed by the bidder to the Chair of the bid opening session BEFORE the latter has declared the said session open. Bids submitted by Taxipost or by a private courier service are considered as non-registered post. 2.1.4. Bid opening Bid opening will take place on 27/10/2011 at 2 p.m. – Halter room, Rue Juliette Wytsman 14 – 1050 Brussels Science at the service of public health, food chain safety and the environment. Special schedule of requirements – WIV-ISP-2011-PUB007-AERO 8 WIV-ISP-2011-PUB007-AERO 9- -9- 2.2. Selection criteria 2.2.1. Exclusion criteria In order to prove that they do not fall within the scope of any of the exclusion criteria stipulated in articles 69 and 69(b) of the Royal Decree of 8 January 1996, bidders are required to attach the following documents to their bids: - Supporting document 1: a declaration on honour less than six months old, stating that it has not been subject to a final judgment for taking part in a criminal organisation, corruption, fraud or money laundering. - Supporting document 2: a certificate issued by the NSSO from which it is clear that the bidder is in order with its obligations relating to payment of social security contributions up to the penultimate quarter ended relative to the date of receipt of bids. Bidders that employ staff covered by Belgian social security need not attach an NSSO certificate to their bids. Their status will be checked directly by the awarding authority through Digiflow which enables it to look up the relevant database. - Supporting document 3: a recent certificate from the competent commercial court that makes it clear that the bidder is not bankrupt, has not gone into liquidation, ceased trading, entered into a legal settlement or is not in any other similar situation resulting from proceedings of the same nature that exist in national regulations and/or has not admitted its bankruptcy or been subject to liquidation proceedings, legal settlement or any other proceedings of the same nature that exist in national legislation and regulations; Supporting document 4: a recent certificate issued by the VAT administration that makes it clear that the bidder is in order with its obligations in respect of VAT payments. For foreign bidders, proof that these requirements have been met may be provided by producing the following documents: - an equivalent document issued by a legal or administrative authority in the country of origin or provenance: - a certificate issued by a competent authority in the country concerned. - if a document or certificate of this nature has not been issued in the country in question, it may be replaced by a declaration under oath or a solemn declaration made by the person concerned before a legal or administrative authority, a notary public or a qualified professional body in the country of origin or provenance. 2.2.2. Selection criteria based on the bidder's financial resources The bidder's financial and economic capability will be evaluated through the following documents: a declaration on the overall turnover and the turnover for the supplies covered by the contract achieved over the previous three financial years. 2.2.3. Selection criterion based on the bidder's technical capability Science at the service of public health, food chain safety and the environment. Special schedule of requirements – WIV-ISP-2011-PUB007-AERO 9 WIV-ISP-2011-PUB007-AERO 10 - - 10 - The supplier's technical capability may be evaluated in particular by virtue of its know-how, efficiency, experience and reliability, using the following documents: - a list of main similar supplies made over the past three years, stating the value, the date and their public or private consignees; - a declaration listing technicians or technical departments, whether or not part of the company; - certificates confirming product compliance with technical specifications and in particular, an ISO 9000 certificate. 2.3. AWARD CRITERIA: Only those bids from bidders that meet the criteria will be considered for taking part in the bid comparison in line with the award criteria in so far as these bids comply from an administrative and technical standpoint. In order to select the most attractive bid, compliant bids from selected bidders will be assessed against the award criteria below in line with the following weighting: 2.3.1| List of award criteria 1. Bid meeting required specifications 2. Price 3. After-sales service 45% 45% 10% 2.3.2| Final score The scores for the 3 award criteria are counted up. The contract will be awarded to the bidder with the highest final score. As far as the price criterion is concerned, the final score is calculated as follows: P = Pn x (Y/Z) P = overall weighted price Pn = comparative evaluation of price using the various criteria Y = amount of lowest bid submitted by bidders Z = amount of bid undergoing evaluation As far as the three other criteria are concerned, the following evaluation will be applied (fractions of points may be awarded): 5 points = very good 4 points = good 3 points = satisfactory 2 points = poor 1 point = very poor 0 point = non-existent or impossible to evaluate 2.4. Variants Free variants are not acceptable under this contract. The bidder is required to meet the exact specifications laid down in this special schedule of requirements. 2.5. Bid validity period Pursuant to article 116 of the Royal Decree of 8 January 1996, the special schedule of requirements requires bidders to remain bound by their bid for a period of 120 calendar days, with effect from the day Science at the service of public health, food chain safety and the environment. Special schedule of requirements – WIV-ISP-2011-PUB007-AERO 10 WIV-ISP-2011-PUB007-AERO 11 - - 11 - following that on which the bids are opened. 2.6. Bid compliance Bids from selected bidders will be examined from the point of view of their compliance. Non-compliant bids will be rejected. Only those bids that comply will be taken into consideration for assessment against the award criteria. 2.7. Contract notification In accordance with article 65(8) of the Law of 24 December 1993, as soon as the awarding authority has made a reasoned award decision, the awarding authority will advise: 1. any bidder that has not been selected, of the grounds for its failure to be selected, extracted from the reasoned decision. 2. any bidder whose bid has been judged to be non-compliant, of the reasons for its removal, extracted from the reasoned decision; 3. any bidder whose bid has not been chosen and the chosen bidder, of the reasoned decision. In accordance with article 65(11) of the Law of 24 December 1993, bidders will be allowed a period of 15 days with effect from the day after the day the reasoned decision was sent to the bidders concerned to enter any appeal. In accordance with article 65(8)(2) of the Law of 24 December 1993, this letter does not give rise to any contractual undertaking in respect of the chosen bidder and moreover suspends the bid validity period. At the end of this period and in the absence of any appeal, the awarding authority will notify the chosen bidder of the approval of its bid with a view to implementing the contract. Section 3: Terms and conditions of contract implementation 3.1. Bond The bond is set at 5% of the total contract amount, excluding VAT. The amount thus obtained will be rounded up to the next ten euros. In accordance with legal and regulatory stipulations, the bond may be set up - in cash by transferring the amount to the postal current account at the Caisse des Dépôts et Consignations (CCP No. 679-2004099-79) or a public body that fulfils a similar function to that of the aforementioned Caisse, to be referred to hereinafter as a public body fulfilling a similar function; - in public funds; - in the form of a collective bond; - or by a bond granted by a credit institution that meets the provisions of the Law of 22 March 1993 on the status and auditing of credit institutions or by an insurance company that meets the provisions of the Law of 9 July 1975 on auditing of insurance companies and approved for sector 15 (bond). The successful bidder must supply the lead official within 30 calendar days of the contract being signed, with proof that it or a third party has set up the bond. This document, signed by the depositor, stating in whose favour the bond has been set up, its precise assignment by stating the purpose of the contract and the reference of the special schedule of requirements, as well as the surname, first name and full address of the successful bidder and, if applicable, of the third party that has made the deposit on the successful bidder's account, stating "sponsor" or "authorised representative" as the case may be. Proof of the bond having been set up is to be sent to the address that will be shown on the purchase order. Science at the service of public health, food chain safety and the environment. Special schedule of requirements – WIV-ISP-2011-PUB007-AERO 11 WIV-ISP-2011-PUB007-AERO 12 - - 12 - Release of bond - half following provisional acceptance of the equipment - balance following final acceptance of the equipment (50% if end of contract) The bond will be released at the successful bidder's express request In so far as the bond is available for release, the awarding authority will issue the release within 15 calendar days of receipt of the application for release. 3.2. Acceptance Equipment acceptance: Provisional acceptance will take place after the unit has been installed and its aim will be to determine - whether the equipment complies with the specifications set out in this special schedule of requirements. - whether the system operates without errors and in accordance with the specifications in a production environment in actual use. Final acceptance will take place on expiry of the five-year extended warranty period. Final acceptance is to be requested by the bidder by registered letter and will be accompanied by a report raised by the IPH. 3.3. Extended warranty During the extended warranty period which is to run for a minimum of two years, the successful bidder is to maintain the equipment and guarantee that it operates correctly in accordance with the technical provisions of this special schedule of requirements. To this end, it will replace parts at its expense which exhibit defects preventing use in accordance with the conditions of the contract or which become unserviceable when used in normal operation. A new equivalent warranty period is applicable to all spare parts supplied as replacements. Any servicing carried out under warranty or under a maintenance contract on the equipment must be covered by a service report by the technician. This report will list the operations carried out and a declaration that the equipment has been repaired fit for normal operating conditions. If malfunctions are observed in service, the successful bidder will be notified immediately to this effect by fax or e-mail which will be subsequently confirmed by means of a registered letter. The successful bidder is required to repeat from the start any services carried out in a non-compliant manner using systems that are consistent with those described in the special schedule of requirements and in the bid. 3.4. Invoicing The invoice or invoices are to be addressed to Mr Mark Van Pee, Finance Manager at the address of the awarding authority: Scientific Institute of Public Health F&CG Department Rue Juliette Wytsman 14-16 BE 1050 Brussels Each invoice is to be issued in 1 original made out in euros, excluding and including VAT and 2 copies and is to show the following mandatory information: - Date of issue Invoice number Science at the service of public health, food chain safety and the environment. Special schedule of requirements – WIV-ISP-2011-PUB007-AERO 12 WIV-ISP-2011-PUB007-AERO 13 - - - 13 - Awarding authority purchase order reference Post-office or bank account number: VAT rate and rate applied Details, if applicable, of the services provided Special schedule of requirements reference 3.5. Payment Payment relating to the equipment is to be made as follows: - 100% upon provisional acceptance (unit commissioning) Maintenance will be paid annually. Unless there is any dispute, payment will take place within a period of 50 calendar days with effect from the date on which the acceptance procedures have finished, in so far as the IPH is in possession at the same time of the invoice which has been raised correctly as well as any other documents required. Payments will be made by transfer to a bank account whose number will have been advised to the awarding authority by the successful bidder for the contract in its bid. Section 4. Miscellaneous stipulations 4.1. Liability Under no circumstances will the awarding authority be liable for any loss or damage caused to individuals or property as a direct or indirect consequence of the activities required for the implementation of this contract. The successful bidder is to safeguard the awarding authority against any action for damages brought by third parties in this respect. 4.2. Sanctions Article 20(1) of the general schedule of requirements is applicable. The successful bidder will be deemed in any event to be in breach of fulfilment if the contract has not been implemented within the agreed periods or if it has not been implemented in accordance with the conditions stipulated in this special schedule of requirements. 4.2.1. Penalties Without prejudice to the imposition of lateness fines as well as any penalties stipulated in this special schedule of requirements, should the successful bidder fail to comply with the obligations that follow from this contract, a reasoned and justified statement recording the failure to implement will be drawn up in accordance with article 20(2) of the general schedule of requirements. Penalties for breach of fulfilment of the services will be calculated in accordance with article 20(4) of the general schedule of requirements. 4.2.2. Lateness fines Without prejudice to the imposition of penalties as well as any specific fines stipulated in this special schedule of requirements, lateness fines are in themselves due without prior notice and will be imposed as of right at the rate set by article 20(5) and article 75(1),(2) of the general schedule of requirements. Lateness fines: Fines for late delivery of supplies Notwithstanding article 66 of the appendix to the Royal Decree of 26 September 1996, fines for late delivery of supplies are set at 0.5% per calendar day up to a maximum of 10% of the amount for completed supplies. Science at the service of public health, food chain safety and the environment. Special schedule of requirements – WIV-ISP-2011-PUB007-AERO 13 WIV-ISP-2011-PUB007-AERO 14 - - 14 - A departure is made from the provisions of article 66 on fines for late delivery of supplies on account of the major inconvenience that late delivery of the supplies would cause FPS Health. 4.2.3. Automatic measures The awarding authority may otherwise, and if necessary, resort to automatic measures pursuant to article 20(6), (8) and (9) of the general schedule of requirements, under the conditions stipulated in this article. The amount in fines and penalties, as well as the amount for damages, outlay or expenditure resulting or which will result from the imposition of automatic measures, are deducted initially from the sums due to the successful bidder regardless of reason (invoices) and then from the bond. 4.3. Subcontractors Should the Bidder call on the services of a third party, it is to state this clearly on its bid by filling in the contact details of the subcontractor and stating the scope of the latter's work and its added value. The quality of the subcontractor will be evaluated. The awarding authority's agreement must be obtained for any change of subcontractor. Such agreement does not absolve the successful bidder of its liability which continues in full, since the awarding authority does not recognise any contractual link with the subcontractor. 4.4. Confidentiality The contractor undertakes to maintain the strictest confidence in respect of information obtained from the IPH or information of which it has gained knowledge following or during the implementation of the contract, likewise in respect of abstracts and documents that follow from data processing. Confidential information will only be made available to employees who require access to it on account of their assignment. Suppliers guarantee that their employees are familiar with and observe these obligations. The confidentiality clause will remain in force for as long as the confidentiality of the information applies and will also remain in force after the contract expires. 4.5. Personal data protection The supplier undertakes to comply with the Law of 18 December 1992 as regards privacy in identity processing, as amended for these purposes by the Law of 11 December 1998 which transposes Directive 95/46/EC of 24 October 1995 and the implementing regulations, as well as all relevant instructions concerning protection of the private sphere and processing of individual information, including legislation that replaces existing legislation if applicable. 4.6. Language It is a mandatory requirement that bids as well as all documents drawn up in the context of this contract be written in French, Nederland or English. 4.7. Disputes The contract is to be prepared, interpreted and implemented in accordance with Belgian law. The parties undertake to observe their duties of good faith and to cooperate towards the proper implementation of this contract. Disputes relating to obligations resulting from the stipulations that govern the contract are to be settled through dialogue. The parties will be required to try to settle the matter amicably prior to any other Science at the service of public health, food chain safety and the environment. Special schedule of requirements – WIV-ISP-2011-PUB007-AERO 14 WIV-ISP-2011-PUB007-AERO 15 - - 15 - recourse. Should the parties be unable to come to an agreement, the dispute will be heard in the courts of Brussels, which have sole jurisdiction. PART II. TECHNICAL SPECIFICATIONS 1. PURPOSE 1.2| TECHNICAL AND FUNCTIONAL SPECIFICATIONS Rodent nose-only inhalation system for exposures with Mycobacterium tuberculosis or other airborne pathogens of several animals in parallel with an aerosol management and control system for the reproducible aerosol infection of multiple groups of mice and rats 1.2.1| General information: Rodent nose-only inhalation system for exposures of mice and rats with an aerosol management and control system The device principal use will be the aerosol infection of mice and rats with the airborne pathogen Mycobacterium tuberculosis, but it should be easily adaptable for the inhalation of other microbial airborne pathogens (such as mold’s spores) or other preparations (such as vaccines/antibiotics…) The device should enable parallel treatment of experimental groups constituted of a minimum of 20 animals with identical doses deposited in the lungs of each animal. . The aerosol management and control system should enable elevated levels of reproducibility of the administered doses between different groups of animals. The « nose-only » requirement involves that the infection of the rodents will occur via a direct contact between the aerosol chamber and the nose of the animal, with confined animal restrain devices able to maximize reduction of fur exposure/contamination with the administered preparation The system should include an air filtration device for the decontamination of the test atmosphere. The device should be completely de-contaminable, therefore adapted to resist standard decontamination conditions by autoclaving or chemical products The proposed system set-up should include all the necessary accessories for its use Cleaning, maintenance and daily inspection should be easy to perform by the final users. The supplier of the aerosol device should be an expert in the supply and after sales service of inhalation systems for exposures with airborne pathogens, particularly for rodent’s nose-only exposures with Mycobacterium tuberculosis. The supplier should be able to prove this by providing a list of reference laboratories, where he recently installed this type of device. Science at the service of public health, food chain safety and the environment. Special schedule of requirements – WIV-ISP-2011-PUB007-AERO 15 WIV-ISP-2011-PUB007-AERO 16 - - 16 - If needed, the supplier should be able to provide supplementary help for the validation and establishment of specific test procedures. 2.1| SERVICE PROVISION The service provision for the purchase, the installation and the system set-up for a rodent nose-only inhalation system for exposures with Mycobacterium tuberculosis or other airborne pathogens The supply of : o The components of the rodent nose-only inhalation system for exposures with Mycobacterium tuberculosis or other airborne pathogens, the aerosol management and control system, comprising all the instruments and equipments necessary for its proper use. The shipping, delivery and on site installation of the device: The system set-up and training of the final users: o Starting up and adjustement of the aerosol system, o On site testing o Provide all the technical documentation (at least in english, if possible also in french related to the installed system o On site training of the final users The warranty of the manufacturer. 2.2| INSTALLATION AND COMMISSIONING SITE WIV-ISP Immunology-Microbiology Laboratory L3 (building A - 5th floor) 642, rue Engeland B-1180 Brussels 2.3| BID The bid must also specify the following information: The lead time for the supply and full commissioning of the system. Service department lead times for service work and travel costs outside the maintenance contract. National and international certification for the manufacturer and the company providing the service. National and international standards for certifying and validating the equipment delivered. A list of reference customers. 2.4| SCHEDULING An initial analysis will be carried out once bids have been received. If the selection committee deems it necessary, bidders may asked to revise their bids (or add to them) and to meet with us. Should the first bids fail to give satisfaction, a ‘best and final offer’ will then be expected before 15/11/2011. The start of the contract as such is scheduled for 29 November 2011 at the latest. Science at the service of public health, food chain safety and the environment. Special schedule of requirements – WIV-ISP-2011-PUB007-AERO 16 WIV-ISP-2011-PUB007-AERO 17 - - 17 - 3| APPENDICES The following documents are to be appended to the file: Price bid List of reference customers National and international standard and certification documents Supplier's ISO certification APPENDIX 1: Bid form Science at the service of public health, food chain safety and the environment. Special schedule of requirements – WIV-ISP-2011-PUB007-AERO 17 WIV-ISP-2011-PUB007-AERO 18 - - 18 - APPENDIX I: Bid template for special schedule of requirements No.WIV-ISP-2011-PUB007-AERO A. IDENTIFICATION (fill in one of the following three options) The undersigned: ............................................................................................................................................ (Surname, first names and status) Nationality: ...................................................................................................................................................... or alternatively The following Company: ................................................................................................................................. (Corporate or trading name, type, nationality) represented by the undersigned: .................................................................................................................... (Surname(s), first names and status(es)) or alternatively The undersigned: (the same information as above for each one) ………………………………………………………………………………………………..………………………… ……………………………………………………………………..…………………………………………………… …………………………………………..……………………………………………………………………………… …………………………………………………………………………………………………….. ………………………………………………………………………………………………..………………………… ……………………………………………………………………..…………………………………………………… …………………………………… in a consortium for this contract, and represented by (name of representative): ………………………………………………………………………………………………………………………… ……………………………………………………….. ………………………………………………………………………………………………………………………… ……………………………………………………….. Science at the service of public health, food chain safety and the environment. Special schedule of requirements – WIV-ISP-2011-PUB007-AERO 18 WIV-ISP-2011-PUB007-AERO 19 - - 19 - B. ADDITIONAL INFORMATION (in more than one column for a consortium): - VAT No.: …………………………………… - Address of residence or registered office: (Country, postcode, town/city, No., street) …………………………………………………………………………………………………………………..……… …………………………………………..…………………………………………………………….………………… ………………………………………………………………………………………………. - Telephone number: …………………………………… - Fax number: …………………………………… - E-mail: ……………………………………………………………………………… C. PAYMENTS Payments will be duly made by transfer to account No. ………………… …………………………………………………………………………………………… held at the following financial institution (exact name): ……………………………………………………………………………………………. ……………………………………………………………………………………………… opened in the name of (exact name of accountholder): …………………………………………………………………………………………….. …………………………………………………………………………………………… D. STAFFING – ADDITIONAL INFORMATION NSSO registration No(s).: …………………………………………………………………………. The nationality of members of the company's staff is: ……………………………………….. Science at the service of public health, food chain safety and the environment. Special schedule of requirements – WIV-ISP-2011-PUB007-AERO 19 WIV-ISP-2011-PUB007-AERO 20 - - 20 - E. SUBCONTRACTORS – ADDITIONAL INFORMATION Nationality of subcontractors: ……………………………………………………………………………… ……………………………………………………………………………… ……………………………………………………………………………… ……………………………………………………………………………… Part or parts of services to be subcontracted: ……………………………………………………………………………… ……………………………………………………………………………… ……………………………………………………………………………… ……………………………………………………………………………… ……………………………………………………………………………… ……………………………………………………………………………… F. APPENDICES Dated, signed and numbered documents have been appended to this bid, as well as the templates required by the special schedule of requirements: WIV-ISP-2011-PUB007-AERO Note: (to be continued if appropriate on blank paper and inserted as a continuation sheet) …………………………………………………………………….. …………………………………………………………………….. …………………………………………………………………….. …………………………………………………………………….. …………………………………………………………………….. …………………………………………………………………….. …………………………………………………………………….. Science at the service of public health, food chain safety and the environment. Special schedule of requirements – WIV-ISP-2011-PUB007-AERO 20 WIV-ISP-2011-PUB007-AERO 21 - - 21 - G: UNDERTAKING The bidder(s) identified above, pledge(s) on its (their) movable and immovable assets that it (they) will implement this service contract in accordance with the clauses and conditions of the general regulations on public contracts and the special schedule of requirements, for the sum of: for a total amount (in figures) excluding VAT of: EUR ……………………………………………………………… The applicable rate of VAT (in figures) is:……..% for a total amount (in figures) including VAT of: EUR ……………………………………………………………… for a total amount (in words) including VAT of: EUR …………………………………………………………………………………………..……………………………… …………………………………………………………..……………………………… Company stamp: Surname & First name: Position: Date: Signature: Important note: - If the bidder prepares its bid on documents other than this template, it will certify on each one that the document is in accordance with the template stipulated in the special schedule of requirements (article 89 of the Royal Decree of 08 January 1996). Science at the service of public health, food chain safety and the environment. Special schedule of requirements – WIV-ISP-2011-PUB007-AERO 21