APPROVED BY
A.N. Khotko,
Acting Director,
IT Department,
Eurasian Economic Commission
/Signature/
A.N. Khotko
__________, 2013
NOTICE
INVITING BIDS UNDER THE OPEN COMPETITIVE TENDER
FOR AWARDING THE CONTRACT
FOR THE DELIVERY OF HARDWARE AND SOFTWARE
FOR THE NEEDS OF THE EURASIAN ECONOMIC COMMISSION
Moscow
2013
2
TABLE OF CONTENTS
Section I: General .......................................................................................................................................... 3
Section II: Terms of Reference ...................................................................................................................13
Section III: Sample Forms...........................................................................................................................18
Section IV: Draft Contract ..........................................................................................................................23
3
SECTION I: GENERAL
This open competitive tender shall be held in compliance with the Regulation on Placing
Orders and Awarding Contracts for the Procurement of Goods, Works, and Services for the
needs of the Eurasian Economic Commission as approved by Resolution No. 5 of the Council of
the Eurasian Economic Commission dated January 25, 2012.
1. Purchase method: open competitive tender
2. Official website of the Eurasian Economic Commission for the publication of the
notice inviting bids under the open competitive tender (hereinafter — the Official
Website): http://www.eurasiancommission.org.
3. Deadline for submission of bids/bid closing date and time: June 19, 2013 at 11.00 am
Moscow time.
4. Name, place of business/location address, postal address, e-mail address, and
telephone number:
Customer: International Organization the Eurasian Economic Commission.
Location/place of business: 12 Yakovoapostolsky Pereulok, bld. 1, Moscow 105064.
Postal address: 3/5 Smolensky Boulevard, bld. 1, Moscow 119121.
E-mail address: it_dept@eecommission.org
Tel.: +7 (495) 604-40-38 (ext. 45-11).
Contact person: Alexander Alexandrovich Bastron
5. Subject matter of the open competitive tender: delivery of hardware and software for
the needs of the Eurasian Economic Commission intended for the official use by an international
organization the Eurasian Economic Commission (hereinafter – Goods).
6. Initial (maximum) contract price (bid price): 29,560,000.00 (twenty nine million five
hundred and sixty thousand) Rub. 00 kopecks (0% VAT).
Pursuant to Paragraph 11, Clause 1, Article 164 of the Tax Code of the Russian
Federation, Article 5 of the Agreement between the Eurasian Economic Commission and the
Government of the Russian Federation on the Terms and Conditions of Residence of the
Eurasian Economic Commission in the Territory of the Russian Federation dated June 8, 2012,
Regulation of the Government of the Russian Federation No. 455 “On approval of the rules for
applying the zero rate VAT regime to the sales of goods (works/services) for the official use by
international organizations and their representative offices operating in the territory of the
Russian Federation” dated July 22, 2006, and Order of the Ministry of Foreign Affairs and the
Ministry of Finance of the Russian Federation No. 4938/33н “On approval of the list of
international organizations and their representative offices operating in the territory of the
Russian Federation, which shall be subject to application of the zero rate VAT regime as to the
sales of goods (works/services) for the official use by such organizations and representative
offices thereof” dated April 9, 2007 (as amended by Order of the Ministry of Foreign Affairs and
the Ministry of Finance of the Russian Federation No. 20346/147н dated November 20, 2012),
the sales of goods (works/services) intended for the official use by the Eurasian Economic
Commission shall be subject to application of the zero rate VAT regime.
The contract price shall be made up with all expenses of the supplier taken into
consideration, including those associated with the payment of taxes, duties, and other
compulsory payments payable under the law of the Russian Federation.
4
The contract price is the fixed sum that may not be changed in the course of contract
performance, save as provided for hereinafter.
Adjustment of the contract price without adjustment of the scope of goods to be delivered
under the contract shall not be permitted.
Increase in the scope of goods to be delivered under the contract with the total contract
price and other material terms and conditions of the contract remaining unchanged shall be
permitted with no limitations.
7. Time, place, and procedure for giving the open tender notice:
The notice of holding the open competitive tender (hereinafter – the Notice) shall be
made available to all parties concerned on the Official Website specified in Clause 2 of this
Notice.
8. Requirements applied for the purpose of determination of responsiveness of goods
to be delivered to the needs of the Eurasian Economic Commission:
Requirements applied for the purpose of verification of responsiveness of goods to be
delivered to the needs of the Eurasian Economic Commission are provided in Section II of this
Notice.
9. The place, terms and conditions, and timelines for the delivery of goods:
Goods shall be delivered to the Customer’s places of performance listed below:
12 Yakovoapostolsky Pereulok, bld. 1, Moscow 105064;
11 Sadovaya-Kudrinskaya Street, bld. 1, Moscow 123242;
3/5 Smolensky Boulevard, bld. 1, Moscow 119121.
The Customer may amend the address for the delivery of goods by giving an appropriate
preliminary notification. The timelines and conditions for the delivery of goods are specified in
Section II of this Notice.
10. Payment method, terms, and procedure: pursuant to the terms and conditions of the
Contract (Section IV of the Notice).
11. Pricing procedure:
The cost of contract performance (contract price) offered by a person submitting its
application to participate in the open competitive tender (i.e., the open tender bid) shall not
exceed the initial (maximum) contract price specified in Clause 6 of this Section and shall
include all expenses, compulsory payments, expenditures, and remuneration of the applicant
(bidder) incidental to the preparation, award, and performance of the contract.
12. Eligibility requirements to bidders and the list of documents to be submitted by the
bidders for the purpose of verification of their responsiveness to the requirements:
A bidder should be a legal entity or a citizen carrying out entrepreneurial activities
without incorporating a legal entity meeting the requirements prescribed by the Eurasian
Economic Commission.
Requirements to bidders:
1) responsiveness to the requirements prescribed by the Regulation on Placing Orders and
Awarding Contracts for the Procurement of Goods, Works, and Services for the needs of the
Eurasian Economic Commission as approved by Resolution No. 5 of the Council of the Eurasian
Economic Commission dated January 25, 2012;
2) bidders and their authorized representatives shall be legally competent to enter into the
contract;
3) the absence of pending liquidation proceedings instituted against a legal entity bidding
under the open competitive tender; the absence of a judgment on declaring the bidder a bankrupt
5
and instituting bankruptcy proceedings issued by court or another competent authority of the
state, of which a legal entity or a citizen carrying out entrepreneurial activities without
incorporating a legal entity is a resident;
4) bidder’s employees shall posses the necessary professional/technical expertise
(adequate educational background);
5) availability of adequate financial resources necessary to perform the contract;
6) availability of equipment and other material resources necessary to perform the
contract;
7) availability of adequate workforce necessary to perform the contract.
The above eligibility requirements shall apply pari passu to all the bidders, whose
responsiveness to such requirements should be adequately supported by the appropriate
documents.
13. Place for submission of bids under the open competitive tender: 12
Yakovoapostolsky Pereulok, bld. 1, Moscow 105064
14. Procedure for submission of bids under the open competitive tender:
Open tender bids can be submitted starting from the date the Notice is placed on the
Official Website during the working week days (Monday to Friday) from 10.00 am till 4.45 pm
or immediately prior to opening envelopes holding the open tender bids at the address specified
in Clause 13 of this Section.
All bids submitted under the open competitive tender and received by the Customer after
the deadline for submission of bids shall be recognized as late bids (regardless of the reasons for
such delay) and left unexamined.
15. Requirements to the execution of bids and the list of documents comprising the bid:
The bid shall be executed in writing and submitted in a sealed envelope. The bid shall be
prepared according to the sample forms provided in Section III of the Notice.
A written bid to be submitted by the bidder under the open competitive tender shall be
executed as described hereinafter.
The bidder shall prepare one original open tender bid in Russian. Such bid shall contain
the list of documents it is comprised of and shall bear the official seal (for legal entities) and the
signature of the bidder or a signature of a person authorized by that bidder to sign such
documents. All bid sheets (including the list of documents comprising such bid) shall be
numbered and sewn together.
The bidder shall put the original bid (together with an electronic copy thereof) into a
separate envelope, whereupon such envelope shall be sealed with an official seal of the bidder
affixed thereto. The following information shall be specified on the bid envelope: name of the
open competitive tender; name and address of the Customer; and the following text: “For
participation in the open competitive tender. Do not open until (specify time advised in the
Notice as the time for opening envelopes holding the bids)”.
The bottom right corner of the bid envelope shall provide vacant space intended for a bid
acceptance mark:
REG No. _________________________
DATE___________________________
TIME____________________________
SIGNATURE _____________________
The bidder may opt not to specify its registered name and postal address (for legal
entities) or surname, name, patronymic, and place of residence (for individuals) on the envelope.
The Customer shall not be liable for potential loss or premature opening of those bid
envelopes that are not duly sealed or marked as required above.
6
Upon receipt of the bid by the Customer, a bid acceptance mark should be put on the
envelope and a registration record shall be made in the Register of Bids.
The List of Documents comprising the open tender bid and submitted for the purpose of
confirming responsiveness of the bidder to the eligibility requirements shall include:
- for legal entities, an Extract from the Unified State Register of Legal Entities or a
notarized copy thereof, which should not be older than 6 months as of the date of placing the
Notice on the Official Website;
- for individual entrepreneurs (including foreign citizens), an Extract from the Unified
State Register of Individual Entrepreneurs or a notarized copy thereof, which should not be older
than 6 months as of the date of placing the Notice on the Official Website;
- copies of ID documents (for individuals) certified in accordance with the laws of the
Russian Federation, the Republic of Belarus, or the Republic of Kazakhstan; documents on state
registration of a foreign legal entity translated to Russian, which translation should be duly
certified;
- an Extract from the State Register of Branches of Foreign Legal Entities Accredited in
the Territory of the Russian Federation that should not be older than 6 months as of the date of
placing the Notice on the Official Website;
- document authorizing a person to act on behalf of a bidding legal entity (copy of a
decision/order on election/assignment of an individual to the executive office, whereby such
individual is entitled to act on behalf of the bidder without having to produce a Power of
Attorney (hereinafter — the Head). Where a person different from the Head acts on behalf of the
bidder, the bid should also include the Power of Attorney (or a notarized copy thereof)
authorizing such person to act on behalf of the bidder. The Power of Attorney shall bear the seal
of the bidder (for legal entities) and the signature of the Head of the bidder or of a person
authorized by the Head to sign such documents. Where the above Power of Attorney is signed by
the Head’s authorized person, the bid shall also include the document confirming the powers of
that authorized person);
- copies of documents (Certificate of State Registration; Certificate of Registration with a
Tax Inspectorate; Articles (Memorandum) of Association; Balance Sheet for the last accounting
period (Form 1 and Form 2) bearing the seal of the organization, the signature of the Head, and
the mark of acceptance by a tax authority);
- copies of documents confirming the bidder’s responsiveness to the requirements
imposed under the law of the Russian Federation on persons engaged in the delivery of goods
constituting the subject matter of the Contract (i.e., licenses);
- information on the organizational structure (the number of employees on the staff,
structural units, etc.);
- decision on the approval (consummation) of a major transaction or an appropriate
certificate stating that such approval is not required under the law;
- any other documents as the bidder may think fit to submit.
If the Customer discovers that the data submitted by the bidder hereunder is inaccurate
(incomplete or inconsistent), such bidder shall be subject to disqualification from participation in
the open competitive tender at any moment prior to making the contract.
16. Modification and withdrawal of bids submitted under the open competitive tender:
A bidder, at any moment prior to the bid opening by the Tender Committee (hereinafter –
the Committee), may modify or withdraw the bid submitted under the open competitive tender
by giving an appropriate written notice to the Customer prior to the deadline for bid submission.
No bid modification or withdrawal after opening by the Committee of the first envelope holding
the open tender bid shall be permitted.
Modifications to the bid shall be executed and the envelope holding the bid so modified
shall be sealed in accordance with Clause 15 of this Section. An envelope holding a set of
bidding documents shall be marked with “MODIFICATION OF OPEN TENDER BID, Reg. No.
7
___” and delivered to the Customer prior to the moment of opening by the Committee of
envelopes holding the open tender bids.
A bidder willing to withdraw its bid submitted under the open competitive tender may do
so either by giving a written notice to the Customer prior to the moment of opening the bid
envelopes or by giving a verbal notice at the Committee meeting on the bid opening prior to the
moment of opening envelopes holding the bids. The above written notice of withdrawal shall
compulsory state the registered name and postal address of the bidder (surname, name, and
patronymic for an individual acting as a bidder) willing to withdraw its bid. The bid so
withdrawn shall be returned in the course of the bid opening procedure to the bidder’s duly
authorized representative present at the bid opening.
17. Place, date, and procedure for opening envelopes holding the bids submitted under
the open competitive tender:
Place and time assigned for holding the bid opening procedure: June 19, 2013 at 11.00
am Moscow time at 12 Yakovoapostolsky Pereulok, bld. 1, Moscow 105064.
Bid opening shall be held in public at the date, time, and place advised in the Notice. The
Committee shall open the bid envelopes received by the Customer prior to the commencement of
the bid opening procedure on a first-submitted basis according to the entries in the Register of
Bids.
On the date of opening envelopes holding the bids submitted under the open competitive
tender, immediately prior to opening the bid envelopes but no earlier than at the time advised in
the Notice, the Committee shall announce to the bidders present at the bid opening that they can
submit, modify, or withdraw their bids prior to the commencement of the bid opening procedure.
When opening envelopes holding the bids, the Committee shall read out: the registered
name of the bidder (for legal entities); surname, name, and patronymic of the bidder (for
individuals); postal address of the bidder whose bid envelope is being opened; availability of
data and documents prescribed by the Notice; contract performance terms and conditions offered
in the bid and constituting the criteria for evaluation of bids. The above data shall be recorded in
the Protocol of Bid Opening.
All bidders having submitted their bids under the open competitive tender or their duly
authorized representatives shall be permitted to attend the bid opening. A representative of a
bidder present at the bid opening shall produce the document authorizing him/her to attend the
bid opening (Power of Attorney). One day in advance, a bidder’s representative intending to
attend the bid opening shall order a pass-ticket required to enter the building of the Eurasian
Economic Commission (fixed-line work phone numbers shall be specified).
All bidders’ representatives present at the bid opening shall be required to sign the
Register of Bidders’ Representatives that is annexed to the Protocol of Bid Opening.
The Protocol of Bid Opening shall be kept by the Committee and signed by the
Customer’s representative and all members of the Committee in attendance immediately after
opening envelopes holding the bids. The Customer shall place the above Protocol on the Official
Website the latest within three working days after signing thereof.
Where upon expiration of the bid submission period there is only one bid submitted, the
open competitive tender shall be deemed void. The sole bidder, whose bid is recognized to be
responsive to the requirements and conditions of the open competitive tender, shall be declared
the Successful Bidder and awarded the Contract.
18. Date and procedure for examination of bids submitted under the open competitive
tender:
On June 19, 2013 the Committee shall conduct examination of bids submitted under the
open competitive tender in order to verify substantial responsiveness thereof to the requirements
prescribed by the Notice.
8
Where there is a discrepancy in the bid between amounts in figures and in words, the
amount in words will govern for the Committee.
The time period for the examination of bids and making a decision on the eligibility and
adequate qualification of the bidder necessary to participate in the open competitive tender shall
not exceed 5 working days as of the date of opening envelopes holding the bids.
Based on the results of bid examination the Committee shall make a decision on:
a) recognizing the bidder eligible to participate in the open competitive tender (i.e., on
declaring the bidder a qualified bidder);
b) disqualification of the bidder from bidding under the open competitive tender.
The bidder shall be recognized ineligible to participate in the open competitive tender in
case:
- the bidder failed to submit the documents specified in Clause 15 of this Notice or the
documents submitted contained inaccurate information;
- the bidder doesn’t meet the eligibility requirements prescribed by this Notice;
- the bid submitted by the bidder doesn’t meet the substantial responsiveness
requirements prescribed by this Notice (in particular, if the contract price proposal stated in the
bid (i.e., the bid price) exceeds the initial (maximum) contract price).
Where based on the results of bid examination the decision is made to recognize
ineligible and disqualify all applying bidders who have submitted their bids, the open
competitive tender shall be declared void. The sole bidder, whose bid is recognized to be
responsive to the requirements and conditions of the open competitive tender, shall be declared
the Successful Bidder and awarded the Contract.
Based on the results of bid examination, the Committee shall draw up the Protocol of Bid
Examination that shall be kept by the Committee and signed by the Customer’s representative
and all members of the Committee present at the meeting on the date of completion of bid
examination. The Protocol shall contain the data on each bidder having submitted its bid under
the open competitive tender, decision on eligibility/qualification or disqualification of the bidder
(disqualification decision shall be accompanied by the adequate rationale), and the data on the
bidder eligibility/qualification or disqualification decision made by each member of the
Committee.
The Customer shall place the above Protocol on the Official Website no later than within
three working days of signing thereof.
19. Criteria for the evaluation and comparison of bids submitted under the open
competitive tender:
The date appointed for the evaluation and comparison of bids submitted under the open
competitive tender is June 20, 2013.
The evaluation criteria (and significance values thereof) to be used by the Customer for
the purpose of evaluation of bids submitted under the open competitive tender are provided in
the table below:
Name of the criterion
Criterion significance value (%)
Contract Price (Kai)
50
i
Performance Time (Kt )
30
i
Bidder Qualification (Kc )
20
Total significance of the criteria
100
1. Evaluation of bids by the Contract Price criterion
The rating assigned to the bid by the Contract Price criterion shall be calculated using
the formula:
=
* 100,
9
where:
Rai is the rating assigned to the ith bid by the specified criterion;
Amax is the initial (maximum) contract price (bid price) as specified in the Notice;
Ai is the contract price proposal offered by the ith bidder;
To calculate the total rating of the bid by the Contract Price criterion, the rating assigned
to this bid by the said criterion shall be multiplied by the significance value corresponding
thereto.
Tot
=
*
where:
TotRai is the total bid rating awarded by the Contract Price criterion;
Rai is the rating assigned to the ith bid by the specified criterion; and
Kai is the significance value of the Contract Price criterion.
For the purpose of bid evaluation by the Contract Price criterion, the bidder’s proposal
offering the lowest contract price shall be recognized to be the best proposal (i.e., the lowest
responsive bid).
2. Evaluation of bids by the Performance Time criterion
The rating assigned to the bid by the Performance Time criterion shall be calculated using
the formula:
=
*100,
where:
Rti is the rating assigned to the ith bid by the specified criterion;
Tmax is the maximum time of contract performance (the number of days) from the date of making
the contract as specified in the bids of all bidders; and
Ti is the proposal for the time of contract performance offered by the ith bidder.
To calculate the total rating of the bid by the Performance Time criterion, the rating
assigned to this bid by the said criterion shall be multiplied by the significance value
corresponding thereto:
Tot
=
*
,
where:
TotRti is the total bid rating awarded by the Performance Time criterion;
Rti is the rating assigned to the ith bid by the specified criterion; and
Kti is the significance value of the Performance Time criterion.
For the purpose of bid evaluation by the Performance Time criterion, the bidder’s
proposal offering the shortest time of contract performance shall be recognized to be the best
proposal.
3. Evaluation of bids by the Bidder Qualification criterion (availability of adequate
professional and technical expertise, workforce and financial resources, equipment,
10
and other material resources necessary to perform the contract; managerial
competence, experience, and business reputation)
For the purpose of bid evaluation by the Bidder Qualification criterion (availability of
adequate professional and technical expertise, workforce and financial resources, equipment and
other material resources necessary to perform the contract; managerial competence, experience,
and business reputation), each bid shall be awarded 0 to 100 points.
The rating awarded to the bid by the Bidder Qualification criterion (availability of
adequate professional and technical expertise, workforce and financial resources, equipment and
other material resources necessary to perform the contract; managerial competence, experience,
and business reputation) shall be calculated as the mean value of scores awarded to the bid under
evaluation by all members of the Committee based on the said criterion.
Rci= ci,
where:
Rci is the rating awarded to the ith bid by the specified criterion;
ci is the number of points (the mean value of scores awarded by all members of the Committee)
awarded to the ith bid by the Committee.
To obtain the total bid rating by the Bidder Qualification criterion (availability of
adequate professional and technical expertise, workforce and financial resources, equipment and
other material resources necessary to perform the contract; managerial competence, experience,
and business reputation), the rating assigned to the bid by the said criterion shall be multiplied by
the significance value corresponding thereto:
TotRci= Rci * Kci,
where:
TotRci is the total rating awarded to the bid by the Bidder Qualification criterion (availability of
adequate professional and technical expertise, workforce and financial resources, equipment
and other material resources necessary to perform the contract; managerial competence,
experience, and business reputation);
Rci is the rating assigned to the ith bid by the criterion specified above; and
Kci is the significance value of the Bidder Qualification criterion (availability of adequate
professional and technical expertise, workforce and financial resources, equipment and other
material resources necessary to perform the contract; managerial competence, experience, and
business reputation).
4. Total bid rating
For the purpose of final evaluation of the bid submitted under the open competitive
tender, the total bid rating shall be determined. The total bid rating shall be calculated by
summarizing the bid ratings calculated by each criterion (as established in the Notice) and
multiplied by the corresponding significance values of those criteria:
Toti = TotRai + TotRti + TotRci
where:
TotRai is the total rating of the bid calculated by the Contract Price criterion;
TotRti is the total rating of the bid calculated by the Performance Time criterion; and
TotRci is the total rating of the bid calculated by the Bidder Qualification criterion (availability
of adequate professional and technical expertise, workforce and financial resources, equipment
11
and other material resources necessary to perform the contract; managerial competence,
experience, and business reputation).
Based on the results of evaluation and comparison of bids submitted under the open
competitive tender, the Committee shall assign an ordinal number to each bid (as compared to
the other bids), which increases as the total rating scored by the bid decreases. The bid that has
scored the highest total rating shall be assigned the first number.
The qualified bidder, whose terms and conditions of contract performance have been
recognized to be the best ones and whose bid has been assigned the first ordinal number, shall be
declared the Successful Bidder.
Where several bids contain identical terms and conditions of contract performance, the
least ordinal number shall be assigned to the bid that has been submitted the earliest compared to
other bids submitted under the open competitive tender.
The Committee shall keep the Protocol of Bid Evaluation and Comparison that shall
contain the data on the place, date, and time for holding the bid evaluation and comparison
procedure, on the qualified bidders whose bids have passed the examination procedure, on the
procedure for the evaluation and comparison of bids, on the decision made based on the results
of evaluation and comparison of bids, on assigning ordinal numbers to the bids, on the decisions
made by each member of the Committee as to awarding scores to the bids by each bid evaluation
criterion, as well as the registered name (for legal entities), surname, name, and patronymic (for
individuals), and postal addresses of the qualified bidders, whose bids have been assigned the
first and the second numbers. The Protocol shall be signed by all members of the Committee in
attendance and by the Customer.
The Customer shall place the Protocol specified above on the Official Website no later
than within three working days of signing thereof.
20. Modifications to the Notice and abandonment of the open competitive tender:
The Customer may decide to modify the Notice no later than 5 working days prior to the
deadline for submission of bids within the framework of the open competitive tender. No
modification of the subject matter of the open competitive tender shall be permitted. Within one
working day of making the above decision, the Customer shall place the Notice so modified on
the Official Website.
For this purpose, the bid submission period shall be extended so that the time period
between the date of placing the above modifications to the Notice on the Official Website and
the deadline for submission of bids makes at least ten (10) working days. Where the
modifications to the Notice are introduced in respect of specific lots, the bid submission period
shall be extended in respect of such lots.
The Customer having placed the Notice on the Official Website may abandon holding the
open competitive tender no later than five (5) working days prior to the deadline for bid
submission. The Customer shall place the notice of abandonment of the open competitive tender
on the Official Website within 1 working day of making the decision to abandon the open
competitive tender. Within 2 working days of making the above decision, the Customer shall
furnish all bidders bidding under the open competitive tender with the appropriate notices of
abandonment.
21. Clarifications on the Notice of holding the Open Competitive Tender:
A bidder willing to obtain any clarifications on certain provisions of the Notice may
forward a written request to the Customer asking for clarifications on those provisions of the
Notice.
To the extent that the above clarification request has been delivered no later than three
working days prior to the deadline for submission of bids, the Customer, within two working
days of receipt of such clarification request, shall provide the requesting bidder with the written
12
clarifications on the provisions of the Notice. Within one working day of giving clarifications on
the provisions of the Notice at the bidder’s request, the Customer shall publish such clarifications
on the Official Website with the subject matter of the clarification request being specified and
the name of the requesting bidder omitted. Clarifications on the provisions of the Notice shall not
change the substance thereof.
22. Contract Award
The contract between the Successful Bidder and the Customer shall be signed within the
period not exceeding three (3) working days of signing the Protocol of Bid Evaluation and
Comparison. The Successful Bidder shall sign the contract and deliver it to the Customer within
one (1) working day.
The contract shall be awarded on the terms and conditions specified in this Notice and
offered in the bid submitted by the Successful Bidder.
The Successful Bidder having received the draft contract furnished by the Customer may
not refuse to enter into the contract. If within the five-day period the Successful Bidder fails to
provide the Customer with the signed contract, the Successful Bidder shall be deemed to have
avoided entering into the contract.
In the event the Successful Bidder is declared the contract avoider, the Customer may
lodge a claim to court seeking to force the Successful Bidder to enter into the contract and to
recover the damages incurred by such avoidance, or enter into the contract with the qualified
bidder whose bid has been assigned the second number.
13
SECTION II: TERMS OF REFERENCE
for the delivery of hardware and software for the needs of the Eurasian Economic
Commission
Item #
1.
1.1.
1.2.
1.3.
1.4.
1.5.
1.6.
1.7.
2.
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
2.22
2.23
2.24
2.25
2.26
2.27
3
3.1
Product name
Telecommunications equipment
10GBASE-SR SFP Optical Module
Catalyst 3750X 48 Port PoE IP Base Switch
Power Cord for the connection of Catalyst 3750X Switch (Cabinet Jumper
Power Cord), 250 VAC 13A, C14-C15 Connectors
Auxiliary Catalyst 3K-X 715W AC Power Supply
Power Cord for the auxiliary Catalyst 3K-X Power Supply (Cabinet Jumper
Power Cord), 250 VAC 13A, C14-C15 Connectors
Catalyst 3K‐X 10G option PID Network Module
10GBASE-SR SFP Optical Module
Uninterruptible power system equipment
APC IT Power Distribution Module 3x1 Pole 3 Wire 32A 3xIEC309 300cm,
360cm, 420cm
APC Rack PDU, Basic, Zero U, 32A, 230V, (20)C13 & (4)C19
APC Modular IT Power Distribution Cable Extender 3 Wire 32A IEC309
960cm
APC Modular IT Power Distribution Cable Extender 3 Wire 32A IEC309
720cm
APC Rack PDU, Basic, Zero U, 32A, 230V, (20)C13 & (4)C19
Rack PDU 2G, Metered, ZeroU, 32A, 230V, (36) C13 & (6) C19
APC Data Distribution Cable, CAT6 UTP CMR 6XRJ-45 Black, 13FT
(3.9M)
APC Data Distribution Cable, CAT6 UTP CMR 6XRJ-45 Black, 19FT
(5.7M)
APC Data Distribution Cable, CAT6 UTP CMR 6XRJ-45 Black, 27FT
(8.2M)
Cable Trough, Open Bottom, 600mm
Cable Trough, 600mm
Shielding Partition Solid 600mm wide Black
Shielding Partition Pass-through 600mm wide Black
APC Modular IT Power Distribution Cable Extender 3 Wire 32A IEC309
120cm
APC Modular IT Power Distribution Cable Extender 3 Wire 32A IEC309
240cm
APC Modular IT Power Distribution Cable Extender 3 Wire 32A IEC309
360cm
APC Symmetra PX 32kW All-In-One UPS, Scalable to 48kW, 400V
APC High-Performance Battery Pack for 400V Symmetra PX 48/96/160KW
& 208V Symmetra PX 100KW
APC Symmetra PX Power Module, 10/16kW, 400V
APC IT Power Distribution Module 3x1 Pole 3 Wire 32A 3xIEC309 300cm,
360cm, 420cm
APC Modular IT Power Distribution Cable Extender 3 Wire 32A IEC309
240cm
APC Temperature & Humidity Sensor
SW Suite: StruxureWare Data Center Operation 10 Rack License
SW Suite: StruxureWare Data Center Operation, 1 Year Software
Maintenance Contract, 10 Racks
APC Smart-UPS RT 3000VA RM 230V
Rack PDU, Basic, 1U, 16A, 208/230V, (12)C13
APC Smart-UPS RT 3000VA RM 230V
Server hardware
Blade Server Enclosure HP BLc3000 Platinum Enclosure with 4 AC Power
Supplies 6 Fans ROHS 8 Insight Control Licenses, including 24x7 A&M, 4
h
Units
Q-ty
pcs.
pcs.
pcs.
4
16
16
pcs.
pcs.
16
16
pcs.
pcs.
8
32
pcs.
2
pcs.
pcs.
20
3
pcs.
3
pcs.
pcs.
pcs.
10
5
1
pcs.
2
pcs.
2
pcs.
pcs.
pcs.
pcs.
pcs.
1
5
6
6
1
pcs.
2
pcs.
2
pcs.
pcs.
1
1
pcs.
pcs.
1
2
pcs.
2
pcs.
pcs.
pcs.
5
1
2
pcs.
pcs.
pcs.
20
32
5
pcs.
1
14
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
3.18
3.19
3.20
3.21
3.22
3.23
3.24
3.25
3.26
HP ProLiant BL460c Gen8 E5-2640 2.5GHz 6-core 1P 32GB-R P220i SFF
Server, including 24x7 A&M, 4 h
HP BL460c Gen8 Intel Xeon E5-2640 (2.5GHz/6-core/15MB/95W)
Processor Kit
HP 16GB (1x16GB) Dual Rank x4 PC3-12800R (DDR3-1600) Registered
CAS-11 Memory Kit
HP 600GB 6G SAS 10K rpm SFF (2.5-inch) SC Enterprise 3yr Warranty
Hard Drive
HP QMH2572 8Gb Fibre Channel Host Bus Adapter for BladeSystem cClass
Cisco Catalyst 1/10GbE 3120X Blade Switch
Cisco 10Gb Ethernet Base Short Range X2 Module
HP B-series 8/12c SAN Switch for BladeSystem c-Class
HP 1200W Common Slot Platinum Plus Hot Plug Power Supply Kit
HP BLc3000 KVM Option
HP C13 - C14 WW 250V 10Amp 2. 0m Jumper Cord
HP 8Gb Shortwave B-series Fibre Channel 1 Pack SFP+ Transceiver
5m HP PremierFlex OM4 LC/LC Multi-mode Optical Cable
Power Pack+ Software Bundle
HP B-series 8/12c SAN Switch for BladeSystem c-Class 12-port Upgrade
RTU
Cisco Catalyst 1/10GbE 3120X Blade Switch
Cisco 10Gb Ethernet Base Short Range X2 Module
Power Pack+ Software Bundle
HP B-series 8/12c SAN Switch for BladeSystem c-Class 12-port Upgrade
RTU
HP 8/8 (8) Full Fabric Ports Enabled SAN Switch
Power Pack+ Upgrade LTU
HP 4Gb Short Wave B-series FC SFP 1 Pack
HP LC to LC Multi-mode OM3 2-Fiber 5.0m 1-Pack Fiber Optic Cable
SW Licenses: VMware vSphere 5 Standard for 1 processor
SW Licenses: Basic Support/Subscription for VMware vSphere 5 Standard
for 1 processor for 1 year
pcs.
8
pcs.
8
pcs.
48
pcs.
16
pcs.
8
pcs.
pcs.
pcs.
pcs.
pcs.
pcs.
pcs.
pcs.
pcs.
pcs.
2
2
1
2
1
6
4
8
1
1
pcs.
pcs.
pcs.
pcs.
1
2
1
1
pcs.
pcs.
pcs.
pcs.
pcs.
pcs.
4
4
32
32
16
16
Requirements to the goods to be delivered
1. Equipment operation conditions
All computation, communications, and telecommunications equipment (hereinafter – equipment)
shall ensure stable operation in the conditions as follows:
AC mains voltage fluctuations within the range of 180 to 235 V; AC frequency fluctuations
within the range of 47 to 53 Hz;
Ambient air temperatures of +5°С to +35°С, relative humidity of 20% to 80% at the
temperature of +25С, concentration of dust particles in the air of 0.65 g/m³ max., and atmospheric
pressure of 84 to 107 kPa (630 to 800 mm hg).
2. General performance requirements and requirements to the equipment
documentation
2.1. All equipment delivered shall be in a brand-new, unused, and unrepaired condition (not
assembled of repaired components); shall be manufactured in series for at least one year
for commercial purposes; shall be manufactured in 2012 the earliest.
2.2. All equipment delivered shall be in operable condition and shall offer the functionality
declared by the manufacturer. The delivery set should include all interface cords and
power cables as well as media drivers necessary for the correct and full-featured operation
of the equipment. All software delivered shall be licensed, unused, commercial, and freely
distributable in the territory of the Russian Federation, and shall guarantee patent
clearance.
2.3. Delivery of equipment featuring higher performance specifications shall be permitted.
15
2.4. The supplier shall produce equipment certification documents (original certificates or
declarations of conformity to the requirements prescribed by the relevant standards, which
authorize the use of the supplied equipment in the territory of the Russian Federation, or
duly certified copies thereof). For those types of equipment that are not subject to
compulsory certification, and/or declaration of conformity, and/or sanitary-and-hygiene
expert examination, the Supplier shall produce the letters of exemption.
2.5. Each equipment item shall be accompanied by a manufacturer’s certificate in Russian
and/or User Guide (Instruction Manual) in Russian.
2.6. Each equipment item shall be accompanied by the filled-in equipment warranty slip or an
equivalent document with the specification of the item’s serial number and warranty
period.
3. Terms and conditions of equipment delivery
3.1. All equipment shall be delivered to the Customer in a single batch the latest on June 27,
2013.
3.2. The Supplier shall deliver equipment by truck to the Customer’s address. The contract
price offered by the Supplier shall include all Supplier’s expenses incidental to the
delivery of equipment, including packaging, loading, carriage, unloading, and handling
costs as well as costs incidental to the removal and disposal of packaging materials.
3.3. Equipment shall be delivered in special packing conforming to the relevant standards,
Specifications, and mandatory rules and requirements applicable to packing and wrapping
materials. The Supplier shall ensure equipment packaging capable of preventing damage
to the equipment in the course of carriage to the final destination point (taking into
account the transshipping and long-time storage of equipment). Equipment packing shall
be in correspondence with the carriage conditions applicable to this type of equipment.
Packaging and marking shall meet the requirements of standards and regulations of the
Russian Federation. Packaging and marking of boxes/containers (including documentation
inside and outside thereof) shall be in strict compliance with the special requirements (if
any) set forth in these Terms of Reference.
4. Length and Scope of Warranty Coverage
4.1. The length of warranty coverage for the equipment supplied shall be at least twelve (12)
months from the date the equipment is delivered to the Customer.
4.2. The Supplier shall specify the telephone number so that the users of equipment could
contact the Supplier’s qualified personnel to obtain consultations on operation of the
equipment delivered and submit warranty claims relating to the faults/defects detected in
the course of equipment operation. The above telephone number shall be available
Monday to Friday from 10 to 6 pm Moscow time. Equipment delivery set shall include a
filled-in warranty slip or an equivalent document with the specification of terms and
conditions of warranty coverage and contact telephone number.
4.3. Warranty repairs of the equipment shall be conducted at the Customer’s premises. Where
warranty repairs cannot be done at the Customer’s premises, equipment delivery to/from
the service center during the warranty period shall be at the Supplier’s expense. For this
purpose, all hard drives making the part of the equipment subject to repair shall be
removed and left in the territory of the Customer’s premises. Upon equipment return after
completion of warranty repairs, the Supplier’s service engineer shall install and recommission the hard drives.
4.4. Warranty repairs of hard drives shall be performed exclusively at the Customer’s
premises. Where repair is not feasible, the Customer shall draw up a Report of
Inoperability of a faulty hard drive. Unserviceable hard drives shall not be returned to the
Supplier and shall be subject to disposal by the Customer itself. The Supplier shall
provide an equivalent hard drive to replace the faulty one.
16
4.5. The time period for the response to a warranty claim concerning the breakdown, failure,
or defect detected in the equipment delivered shall not exceed two (2) hours of the receipt
of such claim. The response shall involve the arrival of the Supplier’s service engineer to
the Customer’s address. If a warranty claim concerning the breakdown, failure, or defect
detected in the equipment delivered is received by the Supplier after 4.00 pm, the service
engineer shall arrive at the Customer’s premises the latest by 10.00 am on the next
working day.
4.6. The time period for the removal of defects, performance of warranty repairs, or
replacement of the equipment within the warranty period, shall coincide with the duration
of warranty repairs declared by the manufacturer. If the duration of defect removal or
warranty repairs exceeds the warranty repair period declared by the manufacturer, the
Supplier shall provide the Customer with functionally identical replacement equipment for
the period of defect removal or warranty repair of the equipment. The delivery of the
replacement equipment to and from the Customer’s premises during the warranty period
shall be at the expense of the Supplier.
4.7. The replacement equipment shall be brand-new and shall ensure complete operability of
Customer’s systems without altering the functional capabilities thereof. The Supplier shall
deliver the replacement equipment by truck at the Customer’s address. All expenses
incidental to the delivery of such replacement equipment, including packing, loading,
carriage, unloading, cleaning, and handling costs as well as costs associated with the
removal and disposal of packaging materials shall be borne by the Supplier itself. The
Supplier shall arrange for the on-site installation and commissioning of the replacement
equipment. Commissioning of the replacement equipment shall be conducted by the
Supplier’s service engineers certified by the equipment manufacturers to perform this type
of operations. The time period for commissioning of the replacement equipment shall not
exceed one (1) working day of the delivery of such replacement equipment. All expenses
incidental to the installation and commissioning of the replacement equipment (including
expenses associated with the purchase of tools and materials necessary to perform
installation and commissioning operations and the delivery thereof to the site of operation)
shall be borne by the Supplier itself.
4.8. Faulty equipment shall be handed over to the Supplier for the purpose of repair,
whereupon full responsibility for the integrity and technical condition of such equipment
shall be borne by the Supplier until the repaired equipment is returned to the Customer.
Warranty terms and conditions shall apply to the equipment delivered in return of the
faulty equipment.
4.9. The Supplier shall arrange for the on-site installation and commissioning of the repaired
equipment returned to the Customer. Commissioning operations shall be performed by the
Supplier’s service engineers certified by the manufacturers of the equipment to perform
this type of operations. The time period for commissioning of the repaired equipment shall
not exceed one (1) day from the moment the repaired equipment is returned to the
Customer. All expenses incidental to the installation and commissioning of such repaired
equipment (including expenses associated with the purchase of tools and materials
necessary to perform installation and commissioning operations and the delivery thereof
to the site of operation) shall be borne by the Supplier itself.
4.10. The Supplier shall, by its own efforts and in a timely manner, purchase all material
resources including, but not limited to, the spare parts, tools, and materials necessary to
conduct equipment repair, installation, and commissioning, as well as facilities necessary
to perform defect removal, warranty repair, and/or replacement of the equipment during
the warranty period.
4.11. In the event of the massive equipment failure (amounting to or exceeding 30% of the
contractual scope of delivery during the warranty period), the Supplier shall replace, at its
own expense, all equipment (including serviceable equipment) delivered under these
17
Terms of Reference. This being the case, the Customer shall not be required to return to
the Supplier any hard drives making the part of the replaceable equipment and shall
dispose thereof by its own efforts.
4.12. If during the warranty period an equipment item is subjected to the third instance of
warranty repairs, the Supplier shall, by its own efforts and at its own expense, replace that
equipment item by the new one. In this case the Customer shall not be required to return
to the Supplier any hard drives making the part of the replaceable equipment and shall
dispose thereof by its own efforts.
18
SECTION III: SAMPLE FORMS COMPRISING THE BID TO BE FILLED
IN BY THE BIDDERS
LIST OF DOCUMENTS SUBMITTED FOR THE PURPOSE OF BIDDING UNDER
THE OPEN COMPETITIVE TENDER
for awarding the contract for the delivery of hardware and software for the needs of the
Eurasian Economic Commission intended for the official use by an international organization the
Eurasian Economic Commission
_____________________________________________________
(subject matter of the open competitive tender)
This is to certify that __________________________________________
(name of the bidding organization)
hereby submits the below listed documents for the purpose of participation in the open
competitive tender for awarding the contract for _____________________________________.
Item
No.
Document Name
List of Bidding Documents
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Page No.
(from __ to __)
Total pages
19
BID SUBMITTED UNDER THE OPEN COMPETITIVE TENDER
On the letterhead stationery
Date _________ Ref. No. ___
to the Customer:
_____________________
_____________________
BID
submitted under the open competitive tender for awarding the contract for
_______________________________________________
(subject matter of the open competitive tender)
1. Having examined the Notice of the Open Competitive Tender for the award of the
above Contract,
________________________________________________________________________
(name of the bidding organization)
represented by__________________________________________________________
(Head’s title, surname, name, and patronymic)
hereby notifies of its consent to participate in the open competitive tender on the terms
and conditions set forth in the Notice of the Open Competitive Tender and submits this Bid.
2. We agree to deliver goods constituting the subject matter of the open competitive
tender in accordance with the requirements prescribed by the Notice of the Open
Competitive Tender and on the terms and conditions laid down in this Bid.
3. Contract price proposal makes up ____________________ (amount in words) Rub.
4. We recognize that notwithstanding the probability of our failure to take into account
the certain rates for the delivery of goods that comprise the total scope of goods
constituting the subject matter of the open competitive tender, such goods shall in any
case be delivered in full accordance with the Terms of Reference within the limits of our
contract price proposal.
5. In case our proposals stated above are accepted, we undertake to deliver goods in
accordance with the requirements prescribed by the Notice of the Open Competitive
Tender and pursuant to our proposals, which incorporation into the contract is hereby
requested.
6. We hereby guarantee that the data submitted in this Bid are true and accurate and
certify the Customer’s right (without prejudice to the requirement as to creating equal
rights for all bidders) to request information necessary to clarify the data herein submitted
from us, the competent authorities, and any individuals or legal entities mentioned in our
bid.
7. It is hereby declared that there are neither liquidation proceedings instituted (for legal
entities), nor adjudication order or decision instituting bankruptcy proceedings issued
against
_________________________________________________________________
(name of the bidding legal entity)
20
by the court of arbitration; operations of the above named bidder have not been
suspended in accordance with the procedure provided for by the Code of Administrative
Offences of the Russian Federation; the amount of indebtedness on the accrued taxes,
levies, and other mandatory payments to the budgets of any level or state extra-budgetary
funds for the past calendar year doesn’t exceed ______ (amount in words and in figures) %
of the book value of assets of __________________ (name of the bidding organization)
according to the accounting statements for the last completed accounting period.
8. In case our proposals are found to be the best ones, we undertake to sign the draft
contract with __________________ (name of the Customer) for the delivery of goods in
accordance with the requirements prescribed by the Notice of the Open Competitive
Tender and on the terms and conditions stated in our bid within ____ days from the date
of placing the Protocol of Bid Evaluation and Comparison on the Official Website.
9. It is hereby reported that _________________________ (full name and telephone
number of the bidder’s representative) is duly authorized to receive notices on our behalf
for the purpose of prompt resolution of organizational issues and maintenance of
communication with the Customer.
Please, forward all information related to the open competitive tender to the above named
authorized person.
10. This bid submitted under the open competitive tender is appended with the bidding
documents as per the List of Documents executed on ___ pages.
Head of the Bidder’s Organization
____/Signature/____
(signature)
L. S.
________________
(full name)
21
BIDDER QUALIFICATION CHECKLIST
Bidder Profile
No.
1
2
3
4
5
6
7
8
9
10
11
Qualification Checklist
Full registered name of the Bidder2:
Form of legal incorporation:
Founding members/incorporators (specify the names and forms of
legal incorporation or surnames, names, and patronymics of all
founding members/incorporators, whose share in the authorized capital
exceeds 10%):
Authorized capital:
Registered address:
Postal address:
Tel./Fax:
E-mail:
INN (Taxpayer Identification Number) and KPP (Tax Registration
Reason Code) of the Bidder:
CEO (General Manager):
Date and place of registration and the name of the registering
authority3:
Certificate of Entry in the Unified State Register of Legal Entities (No.
, date of issue, and the name of the issuing authority)/Certificate of
Entry in the Unified State Register of Individual Entrepreneurs (No. ,
date of issue, and the name of the issuing authority)
Banking details4:
12
Branches:
Names and postal addresses:
13
Data on the Certificates:
14
Contact person:
Full name:
Title:
Tel.:
E-mail:
Bidder Profile1
Settlement acc._________________
with (Bank name and address)
BIC_________Corr. acc._______
INN______________________
KPP______________________
OKPO____________________
OKVED___________________
Bank Tel.:__________________
Contact person:______________
1
Where a representative office (branch) of a foreign company registered in the territory of the Russian Federation is bidding under the open
competitive tender, it is necessary to provide complete information relating to the parent company and its representative office (branch) in the
form of appropriate remarks or in a separate column
2
An individual entrepreneur, in addition to the data required by the table, shall specify the citizenship information and the passport data
3
4
If the Certificate of Accreditation in the Territory of the Russian Federation is required, specify accreditation data in the appropriate column
For foreign companies, the banking details of the parent company and of the Russian representative office (branch) (if any) shall be specified
separately
22
PROPOSALS FOR THE QUALITY OF GOODS TO BE DELIVERED AND OTHER
PROPOSALS FOR THE TERMS AND CONDITIONS OF CONTRACT
PERFORMANCE
In this form, the Bidder shall provide the description of goods subject to the delivery
within the framework of the subject matter of the open competitive tender as well as the data on
the quality of such goods necessary to conduct evaluation and comparison of bids submitted
under the open competitive tender in accordance with the goods quality evaluation criteria
established in the Notice.
Description of goods subject to the delivery within the framework of the subject matter of
the open competitive tender shall be made in an arbitrary form and accompanied with the
rationale for the proposals submitted in accordance with the Terms of Reference (Section II of
the Notice).
Head of the Bidder’s Organization
___/Signature/_____
(signature)
L. S.
________________
(full name)
23
SECTION IV: DRAFT CONTRACT
Moscow
________ ___, 2013
International Organization the Eurasian Economic Commission, hereinafter referred to as
the Customer, represented by _______________ acting under Power of Attorney No. __ dated
___________, as one Party and ____________________________, hereinafter referred to as the
Supplier, represented by _____________________ acting under _______________ as the other
Party, hereinafter jointly referred to as the Parties, by virtue of Protocol No. __ dated ________
entered into this contract (hereinafter – the Contract) to the following effect:
1. SUBJECT MATTER OF THE CONTRACT
1.1. The Supplier shall be obliged to deliver, within the timelines, in accordance with the
procedure, and on the terms and conditions as specified by the Contract, hardware and
software for the needs of the Eurasian Economic Commission (hereinafter – Goods) intended
for the official use by the Customer. Goods delivery and warranty terms and conditions,
price, quantity, and qualitative characteristics are specified in the Specification (Annex 1 to
the Contract) and the Terms of Reference (Annex 2 to the Contract). The Customer shall be
obliged to accept and pay for the Goods delivered in accordance with the procedure and on
the terms and conditions stipulated by the Contract.
2. CONTRACT PRICE AND SETTLEMENT PROCEDURE
2.1.
The Contract price shall make up ________ (_______) Rub. ____ kopecks (0% VAT).
Pursuant to paragraph 11, Clause 1 of Article 164 of the Tax Code of the Russian
Federation, Article 5 of the Agreement between the Eurasian Economic Commission and the
Government of the Russian Federation on the Terms and Conditions of Residence of the
Eurasian Economic Commission in the Territory of the Russian Federation dated June 8, 2012
(as ratified by Federal Law No. 2-FZ dated February 1, 2013), Regulation of the Government of
the Russian Federation No. 455 “On approval of the rules for applying the zero rate VAT regime
to the sales of goods (works/services) intended for the official use by international organizations
and their representative offices operating in the territory of the Russian Federation” dated July
22, 2006, and Order of the Ministry of Foreign Affairs and the Ministry of Finance of the
Russian Federation No. 4938/33н “On approval of the list of international organizations and their
representative offices operating in the territory of the Russian Federation, which shall be subject
to application of the zero rate VAT regime as to the sales of goods (works/services) for the
official use by such organizations and representative offices thereof” dated April 9, 2007 (as
amended by Order of the Ministry of Foreign Affairs and the Ministry of Finance of the Russian
Federation No. 20346/147н dated November 20, 2012), the sales of goods (works/services)
intended for the official use by the Eurasian Economic Commission shall be subject to
application of the zero rate VAT regime.
2.2. The contract price shall include the Supplier’s remuneration, cost of Goods, expenses
related to compulsory payments (taxes, levies, etc.), insurance, shipment, and handling costs,
and other Supplier’s expenses necessary to perform the Contract.
2.3.
Goods quantity, range, and price shall be specified in Invoices, VAT Invoices, and
Consignment Notes in accordance with the Specification (Annex 1 to the Contract).
2.4. Payment for the Goods delivered shall be performed within ten (10) working days of the
delivery of Goods and actual receipt by the Customer of the Invoice, VAT Invoice,
Consignment Note (with the specification of Goods quantity, range, and price), and the
24
Certificate of Acceptance of Goods executed in accordance with the requirements established
by the applicable law and signed by the Supplier.
2.5. Payment for Goods under the Contract shall be made in Russian Rubles.
2.6. Settlements between the Parties shall be accomplished by way of banking transfer from
the settlement account of the Customer to the settlement account of the Supplier as specified
in Article 12 of the Contract.
2.7. The date of debiting the Customer’s account with the amount due shall be deemed the
date of discharge by the Customer of its monetary obligations under the Contract.
3. QUALITY OF GOODS DELIVERED
3.1.
In terms of quality and specifications, all Goods delivered hereunder shall meet all
current requirements prescribed by the relevant technical regulations and state standards
applicable to this type of Goods, as well as specific performance capabilities and technical
features laid down in the Terms of Reference (Annex 2 to the Contract) and Specification
(Annex 1 to the Contract) and shall be accompanied by the Certificate/Declaration of
Conformity.
4. DELIVERY TERMS AND CONDITIONS AND GOODS ACCEPTANCE
PROCEDURE
4.1.
The Supplier, by its own efforts, shall deliver Goods to the Customer no later than on
June 27, 2013 at 12 Yakovoapostolsky Pereulok, bld. 1, Moscow.
4.2.
The Supplier, in three (3) working days prior to the expected date of Goods delivery,
shall notify the Customer of the delivery date. The Notice can be sent by e-mail, fax, or any
other notification means, which render it possible to determine with certainty that the above
Notice has been received by the Customer’s representative.
4.3.
The date of acceptance by the Customer of Goods and signing by the Parties of the
Consignment Note and the Certificate of Acceptance of Goods executed in accordance with
the sample form attached to the Contract (Annex 3 to the Contract) shall be deemed to be the
date of the delivery of Goods.
4.4.
Concurrently with the delivery of Goods to the Customer’s warehouse and signing by the
Parties of the documents specified in Clause 4.3 of the Contract, the Supplier shall furnish
the Customer with the Certificates of Conformity issued by the competent authorities,
Manufacturer’s Certificates, Instruction Manuals in Russian, warranty slips, and other
documents as agreed upon between the Parties.
4.5.
The Supplier shall deliver Goods in full scope, complete set, and quantity as specified in
the Terms of Reference (Annex 2 to the Contract) and the Specification (Annex 1 to the
Contract) within the timelines prescribed by Clause 4.1 of the Contract.
4.6.
In the event of delivery of low-quality, defective, and/or damaged Goods (including
short delivery) and/or Goods not conforming to the specifications laid down in the Terms of
Reference (Annex 2 to the Contract) and the Specification (Annex 1 to the Contract), the
Customer shall furnish the Supplier with a claim in writing relating to the quality of Goods
within ten (10) working days of signing by the Parties of the documents specified in Clause
4.3 of the Contract and actual arrival of Goods to the Customer’s warehouse.
4.7.
Within three (3) calendar days of receipt of the above Customer’s claim relating to the
quality of Goods, the Supplier shall remove the defects and/or replace the low-quality Goods
(deliver the balance of Goods of adequate quality).
25
4.8.
If the short delivery or delivery of defective and/or damaged Goods, or Goods not
conforming to those listed in the Specification (Annex 1 to the Contract) is detected by the
Customer at the time of the shipment of Goods to the Customer’s warehouse, the Parties
shall draw up and sign an appropriate report, and the Supplier shall replace and/or deliver the
balance of Goods possessing adequate quality and required parameters as stated in the
Specification (Annex 1 to the Contract) within the time period not exceeding three (3)
calendar days.
4.9.
If the Supplier’s delay in the delivery of Goods exceeds one month, the Customer may,
regardless of the reasons for such delay, terminate this Contract unilaterally without being
obliged to indemnify the Supplier for any expenses or losses incurred by the latter as a result
of such early termination.
5. OBLIGATIONS OF THE PARTIES
5.1.
The Supplier shall be obliged to:
5.1.1. Guarantee that as of the date of making the Contract the Goods to be supplied belong
to the Supplier by the right of ownership, are not under arrest, are not the subject
matter in any controversy, pledge, and/or court dispute, and are not encumbered by
any rights of any third persons.
5.1.2. Deliver the Goods to the Customer within the timelines and on the terms and
conditions as provided for by this Contract, which Goods shall conform to the
requirements prescribed by the Specification (Annex 1 to the Contract) and the
Terms of Reference (Annex 2 to the Contract).
5.1.3. Hand over all necessary documentation relating to the Goods (including, but not
limited to, warranty slips) concurrently with the delivery of Goods.
5.2.
The Customer shall be obliged to:
5.2.1. Accept and pay for the Goods in accordance with the terms and conditions of the
Contract.
5.2.2. Neither Party may assign its rights and obligations hereunder to any third person
without the prior written consent of the other Party.
6. LIABILITY OF THE PARTIES
6.1.
For a failure to perform or improper performance of contractual obligations, the guilty
Party shall indemnify the affected Party for losses in accordance with the current legislation
of the Russian Federation. The loss of profits shall not be subject to recovery.
6.2.
In the event of either Party’s delay in performance of any of its obligations provided for
by this Contract, the other Party may claim liquidated damages at the rate of 0.1% of the
Contract price with the total amount not exceeding 5%. Liquidated damages shall accrue on a
daily basis for each day of delay starting from the day following the contractual deadline for
the performance of that obligation. If the Party in default can prove that the delay in
performance of its obligation is due to the fault of the other Party, such Party shall be
released from payment of liquidated damages.
6.3.
Either Party shall be released from payment of liquidated damages if it can prove that the
delay in performance of the appropriate obligation is the result of force majeure
circumstances or due to the fault of the other Party.
6.4.
The documentary supported written claim of the affected Party shall serve the grounds
for the accrual and payment of liquidated damages provided for by Clause 6.2. of the
Contract.
26
6.5. The documentary supported written claim of the affected Party shall serve the grounds for
the accrual and payment of liquidated damages provided for by Clause 6.2. of the Contract.
6.6.
Payment of liquidated damages shall not release the Parties from the performance of
their obligations under the Contract.
7. RESOLUTION OF DISPUTES
7.1.
The Parties hereby agree that pre-arbitration procedure for dispute settlement shall be
binding upon the Parties.
7.2. The Parties shall send their claim letters by express courier service or by registered mail
with delivery notification to the location addresses/places of business of the Parties as
specified in Article 12 of the Contract.
7.3.
The Parties may send their claim letters via the electronic mail. In this case the claim
letter shall have legal force subject to the delivery of the original claim letter by the method
described in Clause 7.2 above.
7.4.
The claim letter shall be examined within fifteen (15) calendar days of receipt by the
addressee. For this purpose, the claim letter sent by regular mail shall be deemed received
upon expiration of ten (10) calendar days.
7.5.
All disputable issues that cannot be resolved by the Parties in an amicable way shall be
submitted for consideration by the Moscow Court of Arbitration in accordance with the law
of the Russian Federation.
8. TERM AND TERMINATION OF THE CONTRACT
8.1. This Contract shall come into force from the date of signing thereof and shall terminate
from the date of discharge by the Parties of their contractual obligations hereunder.
8.2. This Contract may be terminated by the Parties on the grounds provided for by the civil
legislation of the Russian Federation or by virtue of a court judgment.
9. FORCE MAJEURE CIRCUMSTANCES
9.1.
The Parties shall be released from the liability for a failure to perform or improper
performance of their obligations (either in full or in part) under this Contract if such nonperformance or improper performance results from force majeure circumstances (i.e., any
extraordinary and insurmountable circumstances that are beyond the Parties’ will and
reasonable control). Force majeure circumstances shall include all Acts of God, natural
disasters (including earthquake, flooding, and fire), major accidents, wars, and warlike
situations.
9.2.
The Party becoming unable to perform its contractual obligations due to the force
majeure circumstances shall notify the other Party in writing of the onset and cessation of
such circumstances no later than within seven (7) days from the onset thereof. Untimely
notification of the onset of force majeure circumstances shall result in depriving the Party in
default of its right to invoke force majeure as an excuse for the failure to perform its
obligations under the Contract. The fact of the onset and cessation of force majeure
circumstances stated in the above notice shall be supported by the appropriate document
issued by a competent authority.
9.3.
If the duration of force majeure circumstance exceeds one month, either Party shall be
entitled to terminate this Contract early. This being the case, the Parties shall perform mutual
settlements as of the date of onset of force majeure circumstances.
10. CONFIDENTIALITY
10.1. The Supplier shall undertake not to disclose, transfer, or make otherwise available to any
third persons the information contained in the documents related to the mutual relations
between the Parties within the framework of this Contract, unless explicitly permitted in
writing by the Customer. This restriction shall not apply if the Parties are required to submit
27
the Contract and/or information therein contained to competent governmental authorities to
the extent permitted by law.
10.2. As mutually agreed between the Parties, for the purposes of this Contract, the confidential
information shall mean any explicit information related to the subject matter, the progress of
performance, and the results of this Contract.
10.3. The above obligations shall survive the duration of this Contract and shall remain in
force for the period of three (3) years from the date of termination of this Contract.
11. MISCELLANEOUS
11.1. Any amendments to the Contract shall be executed in the form of supplementary
agreements to be signed by the Parties.
11.2. The Supplier shall guarantee that it possesses all necessary rights to the intellectual
property items delivered under the Contract. Subject to any claims raised against the
Customer by any third parties as to the infringement of copyrights or other exclusive rights
thereof, the Supplier shall indemnify the Customer for all losses and expenses incurred by the
latter as a result of such infringement and shall take, at its own expense, any and all actions
as may be necessary to settle the claims raised.
11.3. This Contract shall come into force from the date of signing thereof and shall terminate
from the date of full discharge by the Parties of their contractual obligations hereunder.
11.4. This Contract may only be terminated by mutual agreement of the Parties or by virtue of
a court judgment on the grounds provided for by the civil legislation of the Russian
Federation. However the very fact of signing by the Parties of an agreement on termination
of this Contract shall not release the Parties from their obligations on mutual settlements
hereunder.
11.5. The Parties shall notify each other in writing of any changes to their banking details
and/or registered addresses within three (3) working days of such changes. In the event of the
Supplier’s failure to notify the Customer as required above, all risks associated with the
transfer by the Customer of money funds to the Supplier’s banking account specified in
Clause 12 of this Contract shall be borne by the Supplier.
11.6. This Contract is appended by:
- Specification of Goods Delivered (Annex 1) executed on __ sheets;
- Terms of Reference (Annex 2) executed on __ sheets; and
- Sample Form of Delivery and Acceptance Certificate (Annex 3) executed on 1 sheet
making an integral part of this Contract.
12. REGISTERED ADDRESSES AND PAYMENT DETAILS OF THE PARTIES
CUSTOMER (registered address and
banking details)
SUPPLIER (registered address and banking
details)
For the Customer:
For the Supplier:
/Signature/
/Signature/
L. S.
L. S.
28
Annex 1
to Contract No. ____ dated ________
SAMPLE FORM
SPECIFICATION
Item
#
Name
(description) of
Goods
Specifications of
Goods
Warranty
period
Units
Q-ty
Unit price
(Rub.)
0% VAT
TOTAL:
CUSTOMER:
SUPPLIER:
/Signature/
/Signature/
L. S.
LS
Total cost
(Rub.)
0% VAT
29
Annex 2
to Contract No. ____ dated ________, 2013
TERMS OF REFERENCE
for the delivery of hardware and software for the needs of the
Eurasian Economic Commission
For the Customer:
For the Supplier:
/Signature/
/Signature/
L. S.
L. S.
30
Annex 3
to Contract No. ___ dated _________
Sample Form of the Delivery and Acceptance Certificate
CERTIFICATE
OF THE DELIVERY AND ACCEPTANCE OF GOODS
____________ (name of the city)
_________ (date: dd/mm/yyyy)
The Supplier represented by ______________ on one side and the Customer represented
by _____________ on the other side have drawn up this Certificate in order to certify that the
Goods have been delivered to the Customer in accordance with the terms and conditions of
Contract No. __ dated ________, 2013.
Item
#
Name (description) of Goods
Q-ty (pcs.)
Unit price (Rub.)
0% VAT
Total cost (Rub.)
0% VAT
1
2
3
…
TOTAL
This Certificate is executed in duplicate (one counterpart for each Party).
For the Customer:
/Signature/
(signature)
For the Supplier:
/___________/
(surname)
/Signature/
(signature)
L. S.
/____________/
(surname)
LS
AGREED UPON BY:
L. S.
FOR THE CUSTOMER
FOR THE SUPPLIER
/Signature/
/Signature/
L. S.