Purchase of Kettle Drums_Timpani

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The Contracting Authority: ESTONIAN NATIONAL SYMPHONY ORCHESTRA
Purchase of Kettle Drums/Timpani
Procurement reference number 131112
TENDER DOCUMENTS
Open Tendering Procedure
TALLINN 2012
TABLE OF CONTENTS
1.
2.
3.
4.
5.
Call for Tenders ...............................................................................................................................3
The Contracting Authority and the Person Responsible for the Procurement .......................3
Name of Procurement .....................................................................................................................3
Contents and Technical Description of the Procurement ..........................................................3
Qualification Requirements ............................................................................................................3
5.1. Grounds for Elimination of Tenderers ...................................................................................3
5.2. Economic and Financial Status of the Tenderer ..................................................................4
5.3. Technical and Professional Competence of the Tenderer .................................................4
6. Submission of Tender .....................................................................................................................4
6.1. General Provisions....................................................................................................................4
6.2. Due Date for the Submission of Tenders .............................................................................4
6.3. Formalisation and Marking of the Tender ............................................................................5
6.4. Structure of the Tender ..........................................................................................................5
6.5. Language of the Tender .........................................................................................................6
6.6. Value of the Tender .................................................................................................................6
6.7. Term for Validity of the Tender .............................................................................................6
6.8. Modification of a Tender .........................................................................................................6
6.9. Submission of Alternative Versions and Solutions ..............................................................6
6.10. Submission of a Joint Tender .............................................................................................7
7. Opening of Tenderers .....................................................................................................................7
8. Elimination of Tenderers from Procurement Procedure and Checking the Qualifications ...7
9. Confirmation of Qualification of the Tenderers and Rejection of Tenders .............................8
10. Evaluation of Tenders .................................................................................................................8
11. Additional Information and Explanations Concerning the Tender .......................................8
12. Modification to Tender Documents ...........................................................................................8
13. Terms and Conditions for the Conclusion of the Contract ....................................................9
Attachment 1. Draft Procurement Contract ......................................................................................10
Attachment 2. Application for the Participation in Procurement Procedure ................................14
Attachment 3. Standard Price Offer Format .....................................................................................15
Attachment 4. Tenderer’s Standard Confirmation Form .................................................................16
Attachment 5. Standard Net Turnover Form for the Tenderer .....................................................17
Attachment 6. Standard Format on Contracts Performed by the Tenderer ................................18
Attachment 7. Standard Format of Power of Attorney for the Representation of Joint
Tenderers ...............................................................................................................................................19
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1. Call for Tenders
Estonian National Symphony Orchestra (hereinafter the Contracting Authority) is inviting you to
participate in a public procurement, involving the purchase of kettle drums/timpani under an open
tendering procedure arrangement.
2. The Contracting Authority and the Person Responsible for the Procurement
Estonian National Symphony Orchestra
Registry code 70005134
Estonia pst 4, 10148, Tallinn
www.erso.ee
Kadri Tali
tel: +372 6 147 785
e-mail: erso@erso.ee
3. Name of Procurement
Purchase of Kettle Drums/Timpani
4. Contents and Technical Description of the Procurement
4.1. The purpose of the procurement is to acquire a set of kettle drums/timpani for the Estonian National
Symphony Orchestra.
4.2. Draft of the Procurement Contract is given in Attachment 1 to the Tender Documents.
4.3. Technical specification of the procurement
The offer must meet the following criteria:
1. 5 pcs. Philharmonic timpani in the sizes 78-72-66-62-58 cm
2. Hand shaped and hand hammered bowls – not spunned (machined)
3. Bowl shape like the original old Günther Ringer timpani
4. Thickness of copper 1.0 mm
5. Wide and round bowl lips
6. Free suspended bowls
7. Tone range: 1 octave as a minimum
8. Berlin style pedal system
9. Ratchet with extra small teeth for precise tuning
10. Fine tuner on players side
11. Steel parts – extended use of stainless steel
12. A retractable wheel system that allows the timpani to stand directly on the floor
13. Delivered with plastic heads mounted and 2 sets of untucked hand selected Irish Super Kalfo
heads and 2 sets of flesh hoops.
14. 5 pcs. Flight cases with a shelf that keep the timpani fixed during transport
15. Timpani must have manufacturer’s warranty for 3 years
16. Original Berlin sound characteristic as the timpani in Munich Philharmonic, StaatsOper Berlin,
London Philharmonic and New York Philharmonic
17. Delivery of the Products to the Buyer at the Buyer’s location at Estonia pst 4, 10148 Tallinn,
Estonia
5. Qualification Requirements
5.1. Grounds for Elimination of Tenderers
The Contracting Authority will not conclude a procurement contract and shall eliminate the entities
concerned from the tendering procedure if the circumstances specified in Article 38 (1) of the Public
Procurement Act are identified with respect to these individuals:
5.1.1. The tenderer or its legal representative has been punished for criminal act or
misdemeanour involving the organisation of a criminal association or belonging thereto, for
violation of public procurement provisions or fraudulent conduct or the conduct of money
laundering or official misconduct and the information concerning the penalty has not been
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5.1.2.
5.1.3.
5.1.4.
5.1.5.
5.1.6.
deleted from the punishment register, as provided by the Punishment Register Act or the
penalty is still in force, as provided by law of the applicant’s or tenderer’s country of origin.
The Tenderer will submit a confirmation on the absence of the aforementioned
circumstances;
The Tenderer is bankrupt or in the process of liquidation; its business has been suspended
or in a similar condition, as provided by the law of its country of origin. The Tenderer will
submit a confirmation on the absence of the aforementioned circumstances;
Compulsory liquidation or equivalent procedures, as provided by law of its country of origin,
have been initiated against the Tenderer concerned. The Tenderer will submit a
confirmation on the absence of the aforementioned circumstances;
The Tenderer has national or local tax arrears of its country or location or residence or
social insurance tax arrears or interest arrears on a tax amount overdue (hereinafter the tax
arrears) as of the date for the launching of the tendering procedure or the settlement of tax
arrears has been deferred for a period that is longer than six months as of the date of the
launching of the tendering procedure, except in cases where the tax arrears deferred have
been secured in full. Any interest on arrears that have not been settled duly by the
Tenderer in the national or local or country of residence taxes and interests on such tax
amounts, which exceed 100 Euros, shall be construed as overdue national or local or
country of residence tax arrears. The Tenderer will submit a certificate, issued by an official
institution, which holds the appropriate competence in the Tenderer’s country of origin
stating the absence of such circumstances. If the official institution that holds the
appropriate competence in the Tenderer’s country of origin does not issue a certificate
stating the absence of such circumstances, the Tenderer or Applicant shall submit a
certificate on the absence of tax arrears, issued by the institution concerned.
Those who have submitted a joint tender, either within the framework of the same public
procurement or in the case of a public procurement, divided into parts, within the same
part after also having submitted a tender alone, have submitted a number of joint tenders
with a number of collective tenderers or given another tenderer written consent to be
named as sub-contractor for the purposes of performing the procurement contract in the
tender;
Those who have submitted falsified information on conformity with the requirements laid
down by the Contracting Authority in this division or based on the provisions of this division.
5.2. Economic and Financial Status of the Tenderer
The Tenderer’s net turnover in the sphere of sales of musical instruments during the last three years must
amount to a minimum of 180,000 Euros. The Tenderer will submit an appropriate confirmation.
5.3. Technical and Professional Competence of the Tenderer
The Tenderer must have at least three years of professional experience in the sphere of sales of musical
instruments. The Tenderer shall submit a list of the most important sales contracts that have been
performed over the period of the last three years, including their respective values, dates for conclusion
and information on other parties to the contract.
6. Submission of Tender
6.1. General Provisions
6.1.1. The submission of the tender shall be deemed as the participant’s full and unconditional
agreement to comply with all the rules and requirements of procurement.
6.1.2. The Tenderer shall have no right to demand compensation for any expenses related to
submitting the tender of the Tenderer.
6.2. Due Date for the Submission of Tenders
6.2.1. All tenders must be submitted by 10:00 am on 5 March 2012, at the latest. The tenders
shall be delivered to the person responsible for the tender (Kadri Tali, tel. +372 6 147 785)
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either personally or by registered or courier mail to the address of the Estonian National
Symphony Orchestra at Estonia pst 4, 10148, Tallinn.
6.2.2. The Tenderer shall bear all and any risks, related to the timely delivery of the tender.
Tenders that are received later than the due date specified in clause 6.2.1 will not be not
accepted. Late tenders will be not opened and will be returned to the Tenderer, unopened.
The Contracting Authority shall bear no responsibility for the possible delivery of the
package containing the tender to a wrong place or premature opening of the tender.
6.2.3. The Contracting Authority shall supply the Tenderer, at the latter’s request, with a signed
(written) notice of receipt upon the collection of the tender, setting out the date and time
of receipt.
6.3. Formalisation and Marking of the Tender
6.3.1. The tender must meet all the requirements laid down in tender documents.
6.3.2. The tender and all the related materials must be submitted on paper media, in a printed
form and bound together as a single copy.
6.3.3. The tender must be contained within a single closed package (non-transparent envelope),
exercising measures that would eliminate any suspicion of previous opening of the package.
The following inscriptions must be marked on the package:
Name of the tenderer:
Address of the tenderer:
Registry code of the tenderer:
The Contracting Authority:
Estonian National Symphony Orchestra
Estonia pst 4
10148 Tallinn
Purchase of Kettle Drums/Timpani
Procurement reference number 131112
OFFER
Please do not open before the due date for the opening of tenders!
6.3.4. Corrections and insertions are not allowed in the tender documents.
6.3.5. All the pages, with the exception of advertising materials, must be authenticated with a
signature of the Tenderer or the Tenderer’s representative (except the front page). In the
event of authorisation, the representatives’ authorities must be proved, i.e. if the individual
who has signed the documents is not a member of the Tenderer’s executive board, a
written power of attorney or some other written document, which serves to prove the
authorities of the undersigned, must be added to the tender.
6.4. Structure of the Tender
The tender shall include the following documents, which must be bound in the listed sequence:
6.4.1. front page, which is marked with the name, registration code, address, e-mail address
telephone and fax numbers of the Tenderer and name of the Tenderer, name of the public
procurement and reference number;
6.4.2. table of contents;
6.4.3. written power of attorney, if the individual who signed the documents is not a member of
the executive board or the tender is made by several tenderers (joint tender, see section
6.10 of the tender documents);
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6.4.4. application for the participation in the tendering procedure, matching the template attached
to the tender documents as Attachment 1;
6.4.5. price offer, matching the template attached to the tender documents as Attachment 3;
6.4.6. the Tenderer’s confirmation on the absence of circumstances set out in sections 5.1.1
through 5.1.3. of the Tender Documents, matching the template attached to the tender
documents as Attachment 4;
6.4.7. a certificate issued by an official institution holding the appropriate competence in the
Tenderer’s country of origin, stating the absence of circumstances specified in section 5.1.4.
If the official institution that holds the appropriate competence in the Tenderer’s country of
origin does not issue a certificate stating the absence of such circumstances, the Tenderer
or Applicant shall submit a certificate on the absence of tax arrears, issued by the
institution concerned;
6.4.8. an excerpt of the Tenderer’s annual accounts on net turnover of the last three financial
years, which shows the net turnover specified in 5.2 of the document, matching the
template attached to the tender documents as Attachment 5;
6.4.9. a list of the contracts that have been performed by the Tenderer over the period of last
three years, as specified in section 5.3 of the Contract, matching the template attached to
the tender documents as Attachment 6.
6.5. Language of the Tender
6.5.1. The tender and all the documents, concerning the tender, will be drawn up in either
Estonian or English.
6.5.2. Any certificates and evidence issued by foreign counties, the originals of which are not in
Estonian or English, must be submitted with a translation into either Estonian or English.
6.6. Value of the Tender
The value of the tender is shown in standard format in Euros, and attached to the tender documents as
Attachment 3. The price offer shall indicate the value without value added tax, the amount of value added
tax and the value with value added tax.
6.7. Term for Validity of Tender
6.7.1. The tender shall remain binding for the Tenderer for 90 (ninety) calendar days as of the
due date for the submission of tenders.
6.7.2. At least 10 (ten) calendar days before the expiry of the validity of tenders the Contracting
Authority may submit the Tenderer a justified written proposal to extend the term for the
validity of tenders. The Tenderer shall notify the Contracting Authority of either extending
the validity of refusing to do so within the period of 5 (five) working days as of the receipt
of such a proposals.
6.8. Modification of a Tender
6.8.1. The Tenderer may withdraw its tender before the arrival of the due date for the submission
of tenders by sending the Contracting Authority an appropriate written notice.
6.8.2. If the Tenderer shall submit a new tender during the term for the submission of tenders,
any tenders placed before will not become valid if the notice specified in section 6.8.1 has
not been filed.
6.8.3. The Tenderer may supplement its tender before the arrival of the due date for the
submission of tender. Any such supplements and modifications may be filed as an
independent amendment to the main part of the tender, submitted in a closed package
(envelope) and marked with the inscriptions specified in section 6.3.3, plus the inscription
"Modifications".
6.9. Submission of Alternative Versions and Solutions
6.9.1. Submission of alternative versions of tenders is not allowed.
6.9.2. Submission of alternative solutions in tenders is not allowed.
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6.10. Submission of a Joint Tender
6.10.1. Tenderers are not allowed to submit a joint tender, either within the framework of the
same public procurement or in the case of a public procurement divided into parts, within
the same part after also having submitted a tender alone, have submitted a number of joint
tenders with a number of collective tenderers, or given another tenderer written consent to
be named as sub-contractor for the purposes of performing the procurement contract in the
tender.
6.10.2. The joined tenderers may rely upon the appropriate added up indicators of all the joined
tenderers to prove the compliance of their economic and financial status with the
qualification requirements.
6.10.3. The joined tenderers may rely upon the competence of another joint tenderer to prove the
compliance of their tender with technical and professional competence, if this is possible,
according to the nature of the criterion concerned.
6.10.4. If several tenderers submit a joint tender for the participation in a tendering procedure,
such tenderers shall authorise a representative from among themselves for the
performance of the subsequent acts relating to the tendering procedure and entry into and
performance of the procurement contract (the respective power of attorney will be added
to the tender). The address and contact information of the authorised representative shall
serve as the address and contact information of the joint tenderers for the purposes of the
procurement procedure.
6.10.5. A sample power of attorney is given in Attachment 7 to the tender documents. The power
of attorney may also be drawn up on a template different from the example, given in
Attachment 7 to the tender documents. Documents required for qualification purposes,
must be submitted by all the joint tenderers with the joint tender.
6.10.6. The joint tender of joint tenderers must include a confirmation, stating that the joint
tenderers will take a solidary responsibility for the performance of procurement contract.
7. Opening of Tenderers
7.1. Opening of tenders shall take place on 5 March 2012 at 10:30 am in the office of the Estonian
National Symphony Orchestra at Estonia pst 4, 10148, Tallinn.
7.2. The names and registration numbers of tenderers and the value of their respective tenderers will be
announced as the tenderers are opened and the compliance of tenders with the structure laid out in
the tender documents and the list of documents is checked.
7.3. All the tenderers or their authorised persons are free to take part in the opening of tenderers. Any
individuals who wish to be present at the opening of tenders must identify himself/herself and
his/her right of representation at the request of the Contracting Authority.
8. Elimination of Tenderers from Procurement Procedure and Checking the Qualifications
8.1. Grounds for the elimination of tenderers:
8.1.1. The Contracting Authority shall not enter into a procurement contract with an individual and
shall eliminate the Tenderer if the grounds for elimination set down in Article 38 (1) of
the Public Procurement Act are identified regarding the tenderer.
8.1.2. The Contracting Authority may eliminate the Tenderer from the procurement procedure
at any time, if the grounds for elimination set down in Article 38 (2) of the Public
Procurement Act are identified regarding the tenderer.
8.2. The Contracting Authority may request explanation of the contents of documents or submission of
clarifying information and documents of the Tenderer to confirm its qualifications.
8.3. The Contracting Authority shall have the right to check the Tenderer’s qualifications during the
procurement procedure and should it learn that the technical and professional competence of the
Tenderer no longer meets the qualification requirements, adopt a new resolution about the
qualification of tenderers and un-qualify the Tenderer concerned.
8.4. If a Tenderer has failed to submit any documents verifying its qualifications or a Tenderer is unable
to submit an explanation of the contents of documents or clarifying information and documents at
the request of the Contracting Authority and such data or documents are not available to the
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Contracting Authority from public databases without bearing considerable expense, the Contracting
Authority will not qualify the Tenderer concerned.
8.5. The Tenderer who has been disqualified shall no longer participate in the further procurement
procedure.
9. Confirmation of Qualification of the Tenderers and Rejection of Tenders
9.1. The Contracting Authority shall check the qualification of the Tenderers against the requirements set
out in the Tender Documents.
9.2. A tender is declared to be suitable if it matches the terms and conditions, laid down in the Tender
Documents.
9.3. The Contracting Authority may decide to qualify the Tenderer if substantial deviations from the
requirements, set out in the contract notice or the Tender Documents, is not found.
9.4. According to Article 49 (1) of the Public Procurement Act, the Contracting Authority shall reserve the
right to reject all the tenders any time prior to the conclusion of the procurement contract.
9.5. The Contracting Authority shall have the right to reject all the tenders:
9.5.1. if none of the tenderers match with the qualification requirements;
9.5.2. if the value of tenders exceeds the assumed value of the procurement contract to such an
extent that the procurement will not be acceptable for the Contracting Authority at such a
value;
9.5.3. for unforeseeable circumstances that are beyond the control of the Contracting Authority, if
the Contracting Authority learnt about new circumstances that shall rule out completion of
the procurement procedure upon the terms and conditions set out in the Tender
Documents, or make it inexpedient for the Contracting Authority during the procurement
procedure (incl. modification of law or other relevant legislation).
10. Evaluation of Tenders
10.1. The Contracting Authority shall evaluate all the qualifying tenders.
10.2. The Contracting Authority shall have the right to request justified clarification, limitation or
specification of the information, submitted in the tender, as provided in Article 56 (3) of the Public
Procurement Act.
10.3. The price or value of the tender shall be the evaluation criterion of the tenders.
10.4. The offer with the lowest price that matches the technical specification will be declared
successful.
10.5. The tenderer with the larger net turnover will be declared successful in the event of equal tenders.
11. Additional Information and Explanations Concerning the Tender
11.1. Additional information about the contents of the Tender Documents will be available by addressing
the person responsible for the public procurement in writing: Kadri Tali, e-mail address
erso@erso.ee.
11.2. If the Tenderer has not submitted questions during the procurement procedure to clarify
inaccuracies, conflicts or deficiencies in the Tender Documents, the Contracting Authority shall have
the right, should any disputes arise during the performance of the procurement contract, to choose
the description of tender documents, which meets the requirements of the Contracting Authority in
the best possible way.
11.3. The Contracting Authority shall submit the explanations within the period of three working days as
of the receipt of such a request. The written inquiry and the response of the Contracting Authority
will be communicated simultaneously to all the interested persons and Tenderers, having collected
the Tender Documents from the Contracting Authority.
11.4. The Contracting Authority is not responsible for the operation of fax or e-mail communication.
12. Modification to Tender Documents
The Contracting Authority may modify the Tender Documents at any time before the due date for the
submission of tenders. Modifications will be communicated simultaneously to all the interested persons
and Tenderers who collected the Tender Documents from the Contracting Authority.
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13. Terms and Conditions for the Conclusion of the Contract
13.1. A draft procurement contract is attached to the Tender Documents as Attachment 1.
13.2. A procurement contract will be concluded with the Tenderer once his tender has been declared
successful.
13.3. The Tenderer must sign the procurement contract sent to him/her for signing within five working
days, at the latest. Failure to sign the procurement contract within this effective term shall be
construed by the Contracting Authority as the successful tenderer’s refusal to enter into the
procurement contract, as specified in section 53 of the Public Procurement Act, and the withdrawal
of the tender.
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Attachment 1. Draft Procurement Contract
CONTRACT OF SALES no. …
Tallinn …… ………………… 201….
Estonian National Symphony Orchestra, represented by Director Kadri Tali (hereinafter the Buyer),acting
under the Bylaws, and
……………………, represented under Articles of Association by Chairman of the Executive Board
…………………… (hereinafter the Seller),
Who will be further referred as the Party or the Parties, have entered into this contract of sales (hereinafter
the Contract) about the following.
1.
1.1.
Object of the Contract
The Seller shall sell and the Buyer shall buy a set of kettledrums/timpani (hereinafter the Products)
that match the specification, given in Attachments 1 to the Contract.
2. Parts of the Contract
The Contract is concluded on the bases of an offer, placed by the Seller within the framework of public
procurement “Purchase of Kettle Drums/Timpani” (Procurement reference number 131112).
2.1.
The documents of the Contract consist of this contract and any written attachments thereto.
3. Sales Price and Settlement of the Sales Price
3.1.
The sales price of the Products is …………… Euros plus value added tax in the amount of ……………
Euros, total sales price with value added tax is …………… Euros.
3.2.
Any delivery costs of the Products are included in the sales price.
3.3.
The Seller shall submit the bill in two parts, for payment in advance.
3.4.
The Buyer shall settle 25% of the sales price within 14 calendar days after the conclusion of the
Contract and 75% within 14 calendar days before the delivery of the kettle drums/timpani, according to
the bills specified in section 3.3.
4. Transfer of the Products
4.1.
The Seller shall transfer the possession of the Products to the Buyer on 1 October 2012 at the latest.
The Seller shall earlier notify the Buyer of the factual date for the transfer of the Products.
4.2.
The Seller shall deliver the Products to the Buyer at the Buyer’s location at Estonia pst 4, 10148
Tallinn, Estonia
4.3.
The Buyer and the Seller shall sign an instrument of transfer and acceptance of the Products.
4.4.
The ownership right of the Products will be transferred to the Buyer as of the settlement of the sales
price and the risk of accidental destruction will be transferred as of the moment of delivery of the
Products.
5. Quality of Products and Compliance with the Contract
5.1.
The quality of the transferred Products must meet with the agreed technical specification and quality
requirements, which is expressed, above all, in the ability to use the Products for their intended purpose.
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5.2.
The Seller hereby confirms that the Products are new, have no material or workmanship defects and
they match the properties that the Seller has declared to the Buyer.
5.3.
If the Buyer shall discover any non-compliances or quality issues immediately after the acceptance of
the Products, it will immediately notify the Seller.
6. Warranty
6.1.
The Producer shall give its Products a three-year warranty, which is applicable on terms and conditions
that will be communicated to the Buyer.
6.2.
Warranty repairs will be performed by manufacturer …………………….
7. Contact Persons
7.1.
The Buyer’s contact person is Kadri Tali, tel.: +372 51 59 243, e-mail: erso@erso.ee
7.2.
The Seller’s contact person is ………………, tel.: ………………, e-mail: ………………
8. Liabilities of the Parties
8.1.
The Seller has the right to demand the payment of an interest of arrears of 0.5% of the amount
overdue, but no more than 10% of the sales price, for any monetary obligations that are met with a
delay.
8.2.
The Buyer shall have the right to demand payment of a penalty fine of 0.5% of the amount overdue,
but no more than 10% of the sales price of the Products, which are not duly delivered or delivered
unsuitably, in the case of delayed performance of non-monetary obligations, and for noncompliance with
warranty terms and conditions. The Buyer shall have the right to withhold the penalty fine, specified in
this section, of the amounts due to the Seller.
8.3.
If one of the Parties fails to fulfil its contractual duties within the period of 30 calendar days, the other
Party will be entitled to premature cancellation of the Contract and a claim of compensation for damages
and payment of interest on arrears or a penalty fine.
9. Force Majeure
9.1.
Non-performance or unsuitable performance of contractual duties is not construed as infringement of
the Contract if caused by circumstances, the incurrence of which the Parties did and could not foresee
upon the conclusion of the Contract (Force Majeure circumstances).
9.2.
The Party wishing to be released of the duty of performing the Contract must submit an appropriate
written request to the other Party, explain the difficulties with performing the Contract and indicate their
reasons.
9.3.
Should the Force Majeure circumstances prevail longer than 60 days, the Contract will be construed as
terminated for impossible performance. In such cases, none of the Parties shall have the right to demand
compensation for damages suffered due to the non-performance or unsuitable performance of
contractual duties, of the other Party.
10. Term of the Contract
10.1. The Contract shall become effective as of the date of signing and shall remain effective until both
Parties have duly performed their respective duties.
10.2. The Contract may be terminated prematurely at the consent of the Parties.
10.3. Any modifications and amendments to the Contract will be drawn up in writing and shall become
effective as of the signing or due date indicated in such modifications.
11. Notices Between the Parties
11.1. Any notices communicated during the performance of the Contract will be delivered to the contact
persons indicated in the Contract. The principle of freedom of format will be observed for notices of an
informative nature.
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11.2.
Any pretensions regarding lack of quality or non-compliance with the specification of the Products as
well as notices on termination of the Contract and claims for damages and/or interests of arrears will
only be submitted to the other Party in writing. A notice is deemed delivered if communicated as a
digitally signed document and a notice of receipt has been received or after five days have lapsed since
the posting, if sent by registered mail, or if the notice has been handed over against a signature.
12. Implementing Provisions
12.1. Any disputes and dissenting opinions arising during the performance of this Contract will be settled by
means of negotiations. Should the Parties fail to come to an understanding, the dispute will be referred
to court for settlement.
12.2. This Contract has been drawn up in two copies, one for the Seller and another for the Buyer.
12.3. The following attachment has been attached to the Contract:
Attachment 1 – Specification of the Products
The Seller:
……………………
Registration number……………
(address)
(e-mail)
VAT number
____________________
……………………
……………………
The Buyer:
Estonian National Symphony Orchestra
Registration number70005134
Estonia pst 4, 10148 Tallinn, Eesti
erso@erso.ee
VAT number EE100626591
____________________
……………………
……………………
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Attachment 1 to the Contract of Sales. Specification of Products
1. 5 pcs. Philharmonic timpani in the sizes 78-72-66-62-58 cm
2. Hand shaped and hand hammered bowls – not spunned (machined)
3. Bowl shape like the original old Günther Ringer timpani
4. Thickness of copper 1.0 mm
5. Wide and round bowl lips
6. Free suspended bowls
7. Tone range: 1 octave as a minimum
8. Berlin style pedal system
9. Ratchet with extra small teeth for precise tuning
10. Fine tuner on players side
11. Steel parts – extended use of stainless steel
12. A retractable wheel system that allows the timpani to stand directly on the floor
13. Delivered with plastic heads mounted and 2 sets of untucked hand selected Irish Super Kalfo
heads and 2 sets of flesh hoops.
14. 5 pcs. Flight cases with a shelf that keep the timpani fixed during transport
15. Timpani must have manufacturer’s warranty for 3 years
16. Original Berlin sound characteristic as the timpani in Munich Philharmonic, StaatsOper Berlin,
London Philharmonic and New York Philharmonic
17. Delivery of the Products to the Buyer at the Buyer’s location at Estonia pst 4, 10148 Tallinn,
Estonia
13
Attachment 2. Application for the Participation in Procurement Procedure
APPLICATION FOR THE PARTICIPATION IN PROCUREMENT PROCEDURE
Name of procurement:
Purchase of Kettle Drums/Timpani
Procurement reference number:
Procurement reference number 131112
Estonian National Symphony Orchestra
The Contracting Authority:
Name of the Tenderer:
Registration
number
of
the
Tenderer:
Address and contact information of
the Tenderer, website address (if
available):
Contact person of the Tenderer:
(name, telephone, e-mail address)
1. We confirm to have inspected the contact notice, Tender Documents and Attachments thereto and
confirm to agree in full with all the terms and requirements, established by the Contracting Authority, and
wish to make an offer.
2. We are committing to abide by the offer until the conclusion of the procurement contract, provided that
our offer will be accepted.
3. This tender shall remain in force for 90 calendar days as of the date for the submission of tenders.
4. We confirm to having received all of the information needed to prepare our tender from the Contracting
Authority.
5. We acknowledge the Contracting Authority’s right to reject all the received offers on the grounds
specified by law and the Tender Documents.
6. This is to confirm that we have all the required intellectual property rights, if the performance of the
procurement contract is related to intellectual property.
Date
Name and signature of the Tenderer (lawful or authorised representative of the Tenderer)
14
Attachment 3. Standard Price Offer Format
PRICE OFFER
Name
of
procurement:
Procurement
reference number:
Purchase of Kettle Drums/Timpani
Procurement reference number 131112
This is to confirm that our offer has been placed in consideration with all the terms and requirements, laid
down in the contract notice and tender documents, and we make the following offer:
No
1.
Name
Set of kettle drums/timpani
Quantity
Unit
1
Piece
Unit price, VAT
not included
Total value
Total value of the offer, value added tax not included:
Value added tax:
Total value of the offer with value added tax:
Date
Name and signature of the Tenderer (lawful or authorised representative of the Tenderer)
15
Attachment 4. Tenderer’s Standard Confirmation Form
CONFIRMATIONS OF THE TENDERER
Name
of
procurement:
Procurement
reference number:
Purchase of Kettle Drums/Timpani
Procurement reference number 131112
1. We hereby confirm that neither us nor our legal representative has been punished for a criminal act or
misdemeanour involving the organisation of a criminal association or belonging thereto, for violation of
public procurement provisions or fraudulent conduct or the conduct of money laundering or official
misconduct and the information concerning the penalty has not been deleted from the punishment
register, as provided by the Punishment Register Act or the penalty is still in force, as provided by law of
the applicant’s or tenderer’s country of origin.
2. We hereby confirm that we are not bankrupt or in the process of liquidation; our business has not been
suspended or in similar condition, as provided by law of its country of origin.
3. We hereby confirm that compulsory liquidation or equivalent procedures, as provided by law of our
country of origin, have not been initiated against us.
Date
Name and signature of the Tenderer (lawful or authorised representative of the Tenderer)
16
Attachment 5. Standard Net Turnover Form for the Tenderer
CERTIFICATE ON THE TENDERER’S NET TURNOVER
Name
of
procurement:
Procurement
reference number:
Purchase of Kettle Drums/Timpani
Procurement reference number 131112
We confirm that our net turnovers over the last three financial years in the sphere of sales of musical
instruments were the following:
Year
Net turnover in Euros
Date
Name and signature of the Tenderer (lawful or authorised representative of the Tenderer)
17
Attachment 6. Standard Format on Contracts Performed by the Tenderer
LIST OF CONTRACTS, MEETING THE QUALIFICATION REQUIREMENTS, PERFORMED BY THE
TENDERER OVER THE LAST THREE YEARS
Name
of
procurement:
Procurement
reference number:
Purchase of Kettle Drums/Timpani
Procurement reference number 131112
This is to confirm that we have the experience of at least three years in the sphere of the sales of the
musical instruments offered. The material information on the contracts of sale, performed over the last
three years, is given below:
No.
Contract (description of
contents of the contract)
Value
Date of
conclusion
Other party to the
contract
Date
Name and signature of the Tenderer (lawful or authorised representative of the Tenderer)
18
Attachment 7. Standard Format of Power of Attorney for the Representation of Joint
Tenderers
POWER OF ATTORNEY
Name
of
procurement:
Procurement
reference number:
The
Contracting
Authority:
Purchase of Kettle Drums/Timpani
Procurement reference number 131112
Estonian National Symphony Orchestra
Hereby a participant of a joint tender ………………………… (name of the Tenderer) …………………………
(name and position of the principal) is authorising the person participating in the joint tender
………………………… (name and registration number of the representative, authorised by joint tenderers) to
be our authorised representative for the purposes of the joint tender and sign the tender and procurement
contract within the framework of the public procurement.
We also confirm that we take solidary responsibility for the performance of the procurement contract as
joint tenderers.
The Power of Attorney cannot be delegated.
The Power of Attorney shall expire on: ………………
Date
Name and signature of the lawful or authorised representative
19
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