TENDER DOCUMENTATION
Pursuant to Section 44 of Act No. 137/2006 Coll., on Public Contracts
For processing a bid to an above-the-threshold public contract for supplies
submitted in
an open procedure called:
BEAM EXPANDER SUPPLY
Project Name:
ELI: “EXTREME LIGHT INFRASTRUCTURE”
Reg. No. CZ.1.05/1.1.00/02.0061, Operational Program Research and
Development for Innovation, Priority Axis I European Centers of Excellence, Area
of Intervention 1.1. European Centers of Excellence
Contracting Authority:
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TENDER DOCUMENTATION
For processing a bid to an above-the-threshold public contract for supplies under Act No.
137/2006 Coll., on Public Contracts, as amended (hereinafter referred to as the "Act")
Public Contract name:
BEAM EXPANDER SUPPLY
Contracting Authority:
Institute of Physics of the Czech Academy of Sciences,
public research institution
(hereafter referred to as the “Client”)
Registered office:
Company identification No.
Tax identification No.
Na Slovance 2, 182 21 Prague 8
68378271
CZ68378271
Person authorised
to act on behalf of the Contracting Authority:
doc. Jan Řídký, DrSc., the director
Pursuant to Section 151 of the Act, the Contracting Authority shall be represented in
exercising its rights and obligations in with the tender process by OTIDEA a.s., Company
identification No. 27142442, registered office at Václavské náměstí 11, 110 00 Prague 1.
Contact person:
Phone:
Fax:
Email:
1
1.1
Mgr. Kateřina Koláčková
240 200 127
220 951 321
zakazky@otidea.cz
SPECIFICATION OF SUBJECT MATTER OF PUBLIC CONTRACT
Description of Subject Matter of Public Contract
The Client is in charge of managing the ELI (Extreme Light Infrastructure) International
Research Laser Centre in the Czech Republic (hereinafter referred to as "ELI Project"). The
ELI Project is one of the projects scheduled within the so-called ESFRI Roadmap. The main
purpose of the ELI Project is to build a state-of-the-art facility and subsequently
implement a number of research and application projects involving interaction of light with
mass. More information on the ELI Project implementation in the Czech Republic can be
found at: www.eli-beams.eu.
The Subject Matter of the Public Contract for supplies includes a selection of a supplier that
shall – based on a concluded purchase contract supply Beam Expander and related
performance as specified in Annex 5 (Technical Specifications) and Annex 6 (Binding
text of the Contract) hereto.
The applicant shall be obliged to prepare the bid in accordance with all requirements of the
Client and in accordance with this Tender Documentation and all its Annexes.
1.2
1.3
Public Contract implementation term
Expected initiation:
Expected supply term:
March 2014
March 2014 – March 2015
Public Contract implementation place
The registered office of the Client and other places necessary for Contract
implementation are deemed the Contract implementation place.
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1.4
Expected value of the Public Contract
Expected value:
500 000- 600 000 EUR excluding VAT
The Subject Matter shall be funded from the Research and Development for
Innovations Operational Programme (hereinafter referred to as "RDIOP") of the
Priority Axis 1 (PO1).
2
BID PROCESSING CONDITIONS AND REQUIREMENTS
2.1
Bids shall be submitted in writing and in a properly sealed envelope marked - on its
closing - with the company identification / name and a stamp or signature of the
statutory body of the applicant or a person authorised to represent the applicant.
The envelope must be labelled "Do Not Open" and include a name of the Public
Contract "Beam Expander Supply". The envelope must further include an
address to which notices pursuant to Section 71 paragraph 6 of the Act shall be
sent.
2.2
Bids shall be submitted not later than 19. 2. 2014, 11:00 AM at the following
address: OTIDEA a.s., Václavské náměstí 11, 110 00 Prague 1 (7th floor).
Bids may be delivered in any appropriate manner (by post, courier service, in
person, etc.) at the address above on working days from 8:30 AM to 3:30 PM; by
11:00 AM only on the final day of the term. Any other delivery shall not be deemed
proper submission of a bid.
2.3
The bid must include identification details of the applicant, in particular the
following: commercial name of the company, registered office, ID No., person
authorised to act on behalf of the applicant or a person authorised to represent the
applicant, contact address for correspondence between the applicant and the
Client.
2.4
The bid must be written in Czech or English and contain a draft contract signed by
the person authorised to act on behalf of or in the capacity of the applicant.
2.5
All bid sheets shall be numbered in an ascending continuous series and put firmly
together or stitched so that they are adequately secured against falling out of the
bid. The bids shall be properly readable with no cancellation and overwriting.
2.6
The applicant shall be bound to the entire contents of the bid until 1. 5. 2014.
2.7
The applicant shall submit the bid in an original copy. In addition to this original
copy, the Client also requires submitting a copy of the applicant's bid.
2.8
The applicant shall also submit the bid in an electronic form on a CD, either in an
MS Office or a compatible or .pdf format.
2.9
If the bid is submitted jointly by more applicants (joint bid), the applicant shall
specify a person in the bid who shall be empowered to represent these applicants
for communicating with the Client during the tender process.
2.10
The bid must be submitted in the following structure:
a)
Bid cover note
The bid cover note shall include the following details: Public Contract name,
basic identification details of the Client and applicant (including persons
empowered to be involved in further proceedings), maximum permissible bid
price structured according to the Tender Documentation, date and signature
of the person authorised to act on behalf of the applicant. The applicant shall
use Annex No. 1 hereto.
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b)
Table of contents
It must include all sections of the bid mentioned herein, structured as
required, to which numbers of appropriate sheets or pages shall be
assigned.
c)
General information on the applicant
Name of the applicant, legal form, registered office, Company identification
No., Tax identification No., bank, names of company statutory body
members incl. contact details (phone, fax, e-mail, address), person
authorised to be involved in further proceedings including written
authorisation to represent and company profile.
d)
Documents demonstrating qualification meeting structured as mentioned in
Article 3 hereof including a statutory declaration pursuant to Art. 3.3.2
hereof.
e)
Bid price as required under Article 5 hereof.
f)
Binding draft contract signed by a person authorised to act on behalf of or in
the capacity of the applicant where the applicant shall be obliged to use the
draft contract wording mentioned in Annex No. 6 hereto and to complete
only those parts, which are explicitly specified by the Client.
g)
Conceptual technical project
Conceptual technical project (CTP) shall be a document that includes
detailed technical specification and drawings of the proposed subject matter
(device) so that the Client is able to check full compliance of the proposed
device with the requirements stipulated herein. In case the bidder is not a
manufacturer of the device information on the producer (manufacturer) shall
be provided.
CTP shall be elaborated in such detail so that it proves that the solution
offered by the bidder is credible and that the bidder (manufacturer) is able
to manufacture and deliver device with specifications required herein.
h)
Indicative time schedule of manufacturing and delivery
Indicative time schedule of manufacturing and delivery of the device (ITS)
shall include all milestones stipulated in Annex No 6. Binding Text of the
Contract and shall cover the whole supply and provision of all associated
services as stipulated herein in deadline stipulated herein.
ITS shall become integral part of concluded purchase contract as its annex
and will be binding to the extent stipulated by the signed contract (see
Annex No 6 hereto).
2.11
3
The applicant shall be authorised to require in writing additional information on
these tender conditions in form of a written application addressed to the contact
person. The Client shall provide answers to properly asked questions in writing
pursuant to Section 49 paragraph 2 and 3 of the Act.
QUALIFICATION OF SUPPLIERS
3.1
Qualification pursuant to Section 50 and subsequent Act shall be met by a supplier
that demonstrates meeting of the following:

basic qualification criteria pursuant to Section 53 of the Act
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-
(Bidders may partly use an affidavit attached hereto as Annex No. 2 and
partly will be obliged to obtain and submit documents specified below in art.
3.3 hereof)

professional qualification criteria pursuant to Section 54 of the Act

technical qualification criteria pursuant to Section 56 of the Act

economic and financial ability to fulfil the contract
-
(Bidders may use an affidavit attached hereto as Annex No. 4)
3.2
Qualification meeting demonstration time
The applicant shall be obliged to demonstrate that he meets the qualification in the
bid submission term specified in paragraph 2.2 of the Tender Documentation.
3.3
Basic qualification criteria
3.3.1 Basic qualification criteria shall be met by a supplier:
a) who has not been convicted of a crime committed for the benefit of an organized
criminal group, the crime of participating in an organized criminal group, money
laundering, complicity, graft, bribery, indirect bribery, fraud, credit fraud, including
the preparation of, attempt at, or participation in such a crime, or whose conviction
of such a crime has been deleted from the criminal record.
If the bidder is a legal entity, this requirement must be met by the legal entity as
well as by its governing body or by every member of its governing body and, if the
bidder’s governing body or a member of the bidder’s governing body is a legal
entity, this requirement must be met by the legal entity as well as by its governing
body or by every member of its governing body.
If the bid is submitted by a foreign legal entity through its organizational unit, this
requirement must be met, in addition to the above persons and entities, also by the
head of the organizational unit.
Foreign bidder must meet this basic qualification requirement both in relation to the
Czech Republic and in relation to the country of the bidder’s registered office, place
of business or residence;
1.
According to Section 53, paragraph 3 (a) of the Act, the required
evidence of this basic qualification is the bidder’s criminal record. If
the bidder is a legal entity, the evidence must include the criminal
records of the legal entity as well as of its governing bodies or of
every member of its governing body. If the bid is submitted by a
foreign legal entity through its organizational unit, the evidence must
include the criminal records of the head of the organizational unit as
well as of the foreign legal entity and its governing body or of every
member of the governing body of such foreign legal entity;
2.
The documents constituting the evidence of this basic qualification
must be attached to the request as uncertified copies. The winner of
the tender may be required to submit originals or certified copies
before entering into the contract;
b) who has not been convicted of a crime the elements of which are related to the
bidder’s line of business as defined in special legislation, or whose conviction of
such a crime has been deleted from the criminal record.
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If the bidder is a legal entity, this requirement must be met by the legal entity as
well as by its governing body or by every member of its governing body and, if the
bidder’s governing body or a member of the bidder’s governing body is a legal
entity, this requirement must be met by the legal entity as well as by its governing
body or by every member of its governing body.
If the bid is submitted by a foreign legal entity through its organizational unit, this
requirement must be met, in addition to the above persons and entities, also by the
head of the organizational unit.
Foreign bidder must meet this basic qualification requirement both in relation to the
Czech Republic and in relation to the country of the bidder’s registered office, place
of business or residence;
c)
1.
According to Section 53, paragraph 3 (a) of the Act, the required
evidence of this basic qualification is the bidder’s criminal record. If
the bidder is a legal entity, the evidence must include the criminal
records of the legal entity as well as of its governing bodies or of
every member of its governing body. If the bid is submitted by a
foreign legal entity through its organizational unit, the evidence must
include the criminal records of the head of the organizational unit as
well as of the foreign legal entity and its governing body or of every
member of the governing body of such foreign legal entity;
2.
The documents constituting the evidence of this basic qualification
may be attached to the bid as uncertified copies. The winner of the
tender may be required to submit originals or certified copies before
entering into the contract;
who has not engaged in conduct constituting unfair competition through
bribery in terms of special legislation (Section 49 of the Commercial Code) in
the past three years;
According to Section 53, paragraph 3 (d) of the Act, the bidder must submit
an affidavit explicitly confirming that the bidder meets this basic
qualification requirement. The affidavit must be submitted in original and
bidders may use an affidavit attached hereto as Annex No. 2
d)
whose assets are not or were not, in the past three years, the subject of
insolvency proceedings in which a bankruptcy order was issued or in which
an insolvency petition was rejected because of insufficiency of assets to
cover the costs of insolvency proceedings or in which the bankruptcy was
cancelled because of deficiency of assets or in which receivership was
instituted according to special legislation;
According to Section 53, paragraph 3 (d) of the Act, the bidder must submit
an affidavit explicitly confirming that the bidder meets this basic qualification
requirement. The affidavit must be submitted in original and bidders may
use an affidavit attached hereto as Annex No. 2;
e)
who is not in liquidation;
According to Section 53, paragraph 3 (d) of the Act, the bidder must submit
an affidavit explicitly confirming that the bidder meets this basic qualification
requirement. The affidavit must be submitted in original and bidders may
use an affidavit attached hereto as Annex No. 2;
f)
who has no tax debts registered in the Czech Republic and in the country of
the bidder’s registered office, place of business or residence;
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g)
1.
According to Section 53, paragraph 3 (b) of the Act, the bidder must
submit as evidence of this basic qualification a certificate from the
competent tax authority and an affidavit stating that the bidder is not
in arrears with excise tax payments. The certificate and affidavit must
explicitly confirm that the bidder meets this basic qualification
requirement;
2.
The affidavit must be submitted in original and bidders may use an
affidavit attached hereto as Annex No. 2. Other documents
constituting the evidence of this basic qualification may be attached
to the request as uncertified copies. The winner of the tender may be
required to submit originals or certified copies before entering into
the contract;
who is not in arrears with public health insurance contributions and with any
penalties for non-payment of such contributions, both in the Czech Republic
and in the country of the bidder’s registered office, place of business or
residence;
1.
h)
i)
According to Section 53, paragraph 3 (d) of the Public Procurement
Act, the bidder must submit an affidavit explicitly confirming that the
bidder meets this basic qualification requirement. The affidavit must
be submitted in original and bidders may use an affidavit attached
hereto as Annex No. 2;
who is not in arrears with social security contributions and with any
penalties for non-payment of such contributions or with contributions
payable under the national employment policy both in the Czech Republic
and in the country of the bidder’s registered office, place of business or
residence;
1.
According to Section 53, paragraph 3 (c) of the Act, the bidder must
submit as evidence of this basic qualification a certificate from the
competent authority or institution. The certificate must explicitly
confirm that the bidder meets this basic qualification requirement;
2.
The documents constituting the evidence of this basic qualification
may be attached to the request as uncertified copies. The winner of
the tender may be required to submit originals or certified copies
before entering into the contract;
has not been found guilty for grave professional misconduct in the preceding
3 years or has not been imposed a disciplinary punishment under separate
legal regulations, where demonstration of professional qualifications under
separate legal regulations is required pursuant to § 54(d); when the bidder
pursues such an activity through a person in authority or any other person
liable for the activity of an bidder, this prerequisite shall be applicable to
those persons;
According to Section 53, paragraph 3 (d) of the Public Procurement Act, the
bidder must submit an affidavit explicitly confirming that the bidder meets
this basic qualification requirement. The affidavit must be submitted in
original and bidders may use an affidavit attached hereto as Annex No. 2;
j)
who is not listed in the register of persons and entities banned from public
contracts or in the register of persons and entities banned from contracts;
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According to Section 53, paragraph 3 (d) of the Public Procurement Act, the
bidder must submit an affidavit explicitly confirming that the bidder meets
this basic qualification requirement. The affidavit must be submitted in
original and bidders may use an affidavit attached hereto as Annex No. 2;
k)
who has not been fined for facilitating illegal work in terms of special
legislation in the past three years;
According to Section 53, paragraph 3 (d) of the Act, the bidder must submit
an affidavit explicitly confirming that the bidder meets this basic qualification
requirement. The affidavit must be submitted in original and bidders may
use an affidavit attached hereto as Annex No. 2.
3.3.2 Moreover the applicant shall demonstrate fulfilment of an statutory obligatory
requirement by submitting the following:
a) List of statutory bodies or members of statutory bodies of the applicant that have
worked with the Client in the past three years in form of a statutory declaration.
b) Current list of shareholders with equity share exceeding 10 %, if being a joint-stock
company.
c) Declaration of the bidder (affidavit) to the effect that he has not and will not
conclude a prohibited agreement within the meaning of Act No. 143/2001 Coll., on
the protection of economic competition, as amended, in connection with this Public
Contract.
Bidders demonstrate meeting of the obligatory requirement by submitting an
Affidavit; bidders may use wording provided in Annex 3 hereto.
3.4
Professional qualification criteria
Professional qualification criteria shall be met by a supplier:
a) that shall submit a Certificate of Incorporation if registered therein or an extract
from any other similar records if registered therein, not older than 90 days as of
the qualification demonstration, i.e. bid submission deadline date,
b) business authorisation document under special legal regulations to an extent
corresponding to the Subject Matter of the Public Contract, in particular, a
document demonstrating the appropriate trade licence or an extract from the Trade
Register.
3.5
Technical qualification criteria
Technical qualification criteria shall be met by a supplier submitting the following:
a) List of at least 1 important delivery provided by the supplier in the past 3 years,
specifying its subject and delivery date; the list must, as an annex, include the
following:
1. a letter of reference from a public contracting authority, if the delivery has
been provided to a public contracting authority, or
2. a letter of reference from another entity, if the delivery has been provided to
an entity other than a public contracting authority, or
3. a contract with the entity referred to in item 2 above and a certificate of
completion, if the bidder cannot obtain the letter of reference required in
item 2 above for reasons on the part of the entity.
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As an important delivery is considered a delivery provided to one client consisting
in delivery of a Beam Expander with similar technical parameters as demanded
within this public contract.
The Letter of reference must include (i) name of the reference entity, (ii)
specification of the provided delivery, (iii) date of provision.
3.6
The supplier shall submit copies of documents demonstrating qualification meeting
unless expressly stipulated otherwise herein. Documents demonstrating that
qualification criteria have been met and that are in other than Czech, Slovak or
English language must be officially translated into Czech or English.
3.7
The applicant shall be authorised under provisions of Section 127 paragraph 1 of
Act No. 137/2006 Coll. on Public Contracts – by submitting an extract from the List
of Qualified Suppliers – to fully replace the demonstration of meeting basic
qualification criteria pursuant to Section 53 paragraph 1 art. a) through j) and
professional qualification criteria pursuant to Section 54 of the Act to such extent to
which the documents demonstrating meeting these professional qualification
criteria cover the Client's requirements for their demonstration. The extract from
the List of Qualified Suppliers must not be older than 3 months pursuant to Section
127 paragraph 4 of the Act.
3.9
If the qualification is demonstrated through a subcontractor, the supplier shall be
obliged to provide the Client with the following documents:

A document by which the subcontractor shall demonstrate meeting of the basic
qualification criteria pursuant to Section 53 paragraph 1 subparagraph j), i.e.
statutory declaration stating that the subcontractor is not included in the register of
persons not allowed to be involved in public contracts,

A document by which the subcontractor shall demonstrate meeting of the
professional qualification criteria pursuant to Section 54 subparagraph a), i.e.
Certificate of Incorporation not older than 90 days from the bid submission deadline
date,

A contract concluded with the subcontractor demonstrating the subcontractor's
obligation to provide specific performance intended for performance of the Public
Contract by the supplier or provision of items or rights with which the supplier shall
be authorised to dispose in performing the Public Contract, to a minimum extent to
which the subcontractor has demonstrated qualification meeting.
However, the supplier shall not be authorised to demonstrate qualification meeting
pursuant to Section 53 and Section 54 subparagraph a) through the subcontractor.
3.10
Should the Subject Matter of the Public Contract be performed jointly by a number
of suppliers and they submit a joint bid for this purpose, each of the suppliers shall
be obliged to demonstrate meeting of the basic qualification criteria pursuant to
Section 53 of the Act and professional qualification criteria pursuant to Section 54
subparagraph a) to the full extent. The suppliers shall also be obliged to submit a
contract including an obligation that all of these suppliers shall be bound jointly and
severally towards the Client and third parties arisen from any legal relationship in
connection with this Public Contract, which shall apply throughout the Public
Contract performance.
3.11
Qualification demonstration of foreign persons
Unless otherwise provided by a special legal regulation, a foreign supplier shall
demonstrate qualification meeting in a manner specified by the law applicable in
the country of its registered office, place of business or residence, which shall apply
to the extent required by such law and the Client. If a particular document is not
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issued under the law applicable in the country of the registered office, place of
business or residence of the foreign supplier, the foreign supplier shall be obliged to
demonstrate meeting of such part of the qualification in form of a statutory
declaration (affidavit). If an obligation the meeting of which is to be demonstrated
within the qualification is not defined in the country of the registered office, place of
business or residence of the foreign supplier, the foreign supplier shall provide a
statutory declaration in respect of such fact.
Documents demonstrating qualification meeting shall be submitted by the foreign
supplier in the original language, accompanied by their official translation into
Czech or English, unless otherwise provided by the Client in this Tender
Documentation or an international contract by which the Czech Republic is bound;
this shall also apply should qualification meeting be demonstrated by documents in
other than Czech language by a supplier with a registered office, place of business
or residence in the territory of the Czech Republic. The Client allows for this Public
Contract that the applicant may also submit qualification meeting documents in
English,; that means that the applicant does not need to submit official translation
into Czech for qualification meeting documents submitted in English.
3.12
4
4.1
5
Consequence of failing to meet the qualification
A supplier failing to meet the qualification criteria to the required extent or failing to
perform the obligation laid down in Section 58 of the Act shall be excluded by the
Client from the tender process.
TECHNICAL CONDITIONS
The Subject Matter (the offered device) of the Public Contract must meet all
requirements specified in this Tender Documentation and all its Annexes.
BID PRICE PROCESSING MANNER
5.1
The applicant shall be obliged to give the total bid price as a price net of VAT in
EUR.
5.2
The bid price shall be a fixed and binding maximum permissible price including all
fees and any other costs connected with performing the Public Contract. The bid
price must also include any costs not explicitly specified but about which the
contractor knew or should and could have known considering its professional
knowledge, exercising all professional care.
6
PAYMENT CONDITIONS
6.1
The price for the Public Contract performance shall be paid by the Client in EUR
based on tax documents – invoices. The invoicing address shall be the Client's
address – Fyzikální ústav AV ČR, v.v.i., Na Slovance 2, 182 21 Praha 8. The
maturity of tax documents (invoices) shall be 21 days.
6.2
Invoicing for performing the Public Contract is specified in the draft contract that is
an integral part of this Tender Documentation in form of Annex No. 6 and the
contractor shall not be authorised to depart from the specified invoicing.
7
EVALUATION CRITERIA
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7.1
Bids shall be evaluated pursuant to Section 78 paragraph 1 b) of the Act based on
the total bid cost.
7.2
The applicant shall not be authorised to make the bid subject to any conditions.
Any conditions or provision of several different values in the bid in parts that are
subject to the evaluation shall constitute a reason to disqualify the bid and exclude
the applicant from the tender process.
8
OTHER REQUIREMENTS
8.1
The applicant shall be obliged to specify in its bid parts of the Public Contract it
intends to assign to one or more subcontractors and provide identification details of
all these subcontractors.
8.2
The Client shall reserve the right to verify the information provided by the applicant
with third parties and the applicant shall be obliged to provide the Contracting
Authority with assistance in this regard.
8.3
The Client shall not allow alternative bids.
9
BUSINESS CONDITIONS
9.1
The applicant shall be obliged, without any reservations, to accept the binding draft
contract in form of Annex No. 6 hereof. Applicant shall only fill in that parts of the
binding draft contract that are highlighted in colour.
9.2
The draft contract must be signed by the applicant by a responsible person or a
person empowered or authorised thereto. In such a case, the original copy or a
certified copy of the authority or authorisation must be included in the bid.
Otherwise the bid will be excluded from the tendering procedure.
10 OPENING ENVELOPES WITH BIDS
10.1
Envelopes shall be opened on 19. 2. 2014 at 11 AM at the seat of OTIDEA a.s. at
Budova DAREX, Václavské náměstí 11, Prague 1 (7th floor).
10.2
Representatives of all applicants who have submitted their bids in the bid
submission term (not more than two persons per one applicant) shall be authorised
to take part in the envelopes opening (however, not the subsequent reviewing and
evaluation of the bids). For envelopes opening, representatives of the applicants
shall identify themselves by a Power of Attorney issued by the person authorised to
act on behalf of the applicant.
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LIST OF ANNEXES:
1. Bid Cover Note (to be completed, signed and returned with the bid)
2. Affidavit – Basic Qualification (to be completed, signed and returned with the bid)
3. Affidavit pursuant to Sec 68 (3) of the Act (to be completed, signed and returned with
the bid)
4. Affidavit affirming economic & financial capacity (to be completed, signed and returned
with the bid)
5. Technical Specifications
6. Binding Text of the Contract (to be completed, signed and returned with the bid)
On behalf of the Contracting Authority:
On 27/12/2013
……………..…………………………….
doc. Jan Řídký, DrSc., Director
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Annex No. 1
Bid Cover Note
BASIC DATA:
Public Tender Title:
BEAM EXPANDER SUPPLY
Order party:
Institute of Physics of the Czech Academy of Sciences
Registered office:
Na Slovance 2, 182 21 Prague 8
Id. No.:
CZ68378271
Person authorized
to represent the order party:
doc. Jan Řídký, DrSc., the director
Tenderer:
………………………………………………………………
Registered office:
……………………………………………………………
Id. No.:
………………………………………………………………
Tax Id. No.:
………………………………………………………………
Person authorized
to represent the tenderer:………………………………………………………………
Bank:
………………………………………………………………
Contact person:
………………………………………………………………
Contact address:
………………………………………………………………
Tel:
E-mail:
…………………….
………………………………….
Offer price:
Total price in EUR excluding VAT:
……………………………..
...........……………………………
Business name - signature of the
authorized person (to be
completed by the applicant)
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Annex No. 2
Affidavit – Basic Qualification
pursuant to Act No. 137/2006 Coll., on public contracts, as amended (hereinafter the
“Act”)
_____________________________________________________________
I hereby confirm that:
Section 53, paragraph 1 (c)
- the bidder has not engaged in conduct constituting unfair
competition through bribery in terms of Section 49 of the
Commercial Code in the past three years;
Section 53, paragraph 1 (d)
- the bidder’s assets are not or were not, in the past three
years, the subject of insolvency proceedings in which a
bankruptcy order was issued or in which an insolvency
petition was rejected because of insufficiency of assets to
cover the costs of insolvency proceedings or in which the
bankruptcy was cancelled because of deficiency of assets or
in which receivership was instituted according to special
legislation;
Section 53, paragraph 1 (e)
- the bidder is not in liquidation;
Section 53, paragraph 1 (f)
- the supplier has no tax arrears in the excise tax records
both in the Czech Republic and in the country of its registered
office, place of business or residence,
Section 53, paragraph 1 (g)
- the bidder is not in arrears with public health insurance
contributions and with any penalties for non-payment of such
contributions, both in the Czech Republic and in the country
of its registered office, place of business or residence;
Section 53, paragraph 1 (i)
- the bidder
has not been found guilty for grave
professional misconduct in the preceding 3 years or has not
been imposed a disciplinary punishment under separate legal
regulations,
where
demonstration
of
professional
qualifications under separate legal regulations is required
pursuant to § 54(d); when the bidder pursues such an
activity through a person in authority or any other person
liable for the activity of an bidder, this prerequisite shall be
applicable to those persons
Section 53, paragraph 1 (j)
- the bidder is not listed in the register of persons and entities
banned from public contracts;
Section 53, paragraph 1 (k)
- the bidder has not been fined in the past three years for
facilitating illegal work in terms of Section 5 (e) (3) of Act No.
435/2004 concerning employment.
In ….... on................
…………………………………………………………………….
(Business name - person authorized to
represent the tenderer - to be completed by
the applicant)
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Annex No. 3
Affidavit pursuant to Sec 68 (3) of the Act
made pursuant to Act No. 137/2006 Coll., on Public Contracts, as amended (hereinafter the “Act”)
Bidder’s business name incl. legal form
..........................
Seat / place of business
..........................
ID
..........................
Authorized representative
..........................
1) Here below, pursuant to Sec 68(3)(a) of the Act, we present the list of those
statutory representatives or members of the bidder’s management, who have been
in employment, functional, contractual or other relationship with the Contracting
Authority within the period of the last 3 years directly prior to the date of bid
submission:
(Bidders to fill in names, last names and dates of birth of such persons)
Name
Date of birth
OR
We hereby solemnly declare that none of the statutory officers or members of
management of the bidder had been, in the last three years prior to the date of
submission of our bid, in employment, functional, contractual or other relationship
with the Contracting Authority.
(Delete as appropriate)
2) Here below, pursuant to Sec 68(3)(b) of the Act, we present the list of shareholders
whose total nominal value of shares owned exceed 10 % of the registered capital,
valid as of the date of submission of the bid:
(Bidders who operate as joint-stock companies shall include such list)
If the bidder is not a joint-stock company:
We hereby solemnly declare that we are not a joint-stock company and therefore
we cannot present the list of shareholders.
(Delete as appropriate)
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3) We hereby solemnly declare, pursuant to Sec 68(3)(c) of the Act, that the bidder
has not and will not conclude any contract prohibited pursuant to Act No. 143/2001
Coll., on the protection of economic completion, as amended, in connection with
the present public contract..
In ……………………………… On ………………………
…………………………………………………..
Business name
Authorized representative of the bidder – to
be filled in by bidder
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Annex No. 4
Affidavit affirming economic & financial capacity
Pursuant to Sec 50(1)(c) of Act No. 137/2006 Coll., on Public Contracts, as amended (hereinafter
the “Act”)
Bidder’s business name incl. legal form
..........................
Seat / place of business
..........................
ID
..........................
Authorized representative
..........................
I, the undersigned, in the capacity of the person who is authorized to act on behalf of the
bidder and sign in his name, hereby solemnly declare that we, as the bidder, are pursuant
to Sec 50(1)(c) of the Act, are economically and finically capable to provide performance
as required under this public contract for BEAM EXPANDER SUPPLY.
In ……………………………… On ………………………
…………………………………………………..
Business name
Authorized representative of the bidder – to be filled in by bidder
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Annex No. 5 Technical Specification
The subject matter of the public tender is the purchase of:
1 Beam Expander i.e.:
fulfilling in full extent the following specifications:








Input beam diameter 4 inches
Output beam diameter = 14 inches or higher
Input beam mechanical connection = 4 inches standard
Achromatic from wavelength = 633 nm to 1064 nm (“nm” stands for “nanometer”).
Transmitted wavefront distorsion: RMS values: sigma inferior or equal
to wavelength / 20 at 633 nm (“RMS” stands for “Root Mean Square”; and “sigma”
stands for “standard deviation of the RMS values”).
Maximum dimension (L x l x h) = 2m x 1m x 1m (“m” stands for “meter”).
Aluminum protective cover with input and output apertures.
Should be delivered assembled on an optical breadboard.
Transmission flat i.e.:
fulfilling in full extent the following specifications:



Clear aperture diameter in accordance with provided output beam diameter
Reflectivity = 4.0 (plus or minus 0.5) % for wavelength = 633, 850 and 1064 nm;
assuming the flat is a wedge with the back surface with an anti-reflection coating
with reflectivity inferior to 0.5%.
Optics quality:
RMS values: sigma inferior or equal to wavelength / 100 @ 633 nm.
Peak-to-Valley values (P-V): wavelength / 20 (for 1 P-V = 5 sigma)
Reference flat i.e.:
fulfilling in full extent the following specifications:



Clear aperture diameter in accordance with provided output beam diameter
Reflectivity = 4.0 (plus or minus 0.5) % for wavelength = 633, 850 and 1064 nm
Optics quality:
RMS values : sigma inferior or equal to wavelength / 100 @ 633 nm
Peak-to-Valley values (P-V): wavelength / 20 (for 1 P-V = 5 sigma)
Others:

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

Installation on ELI-Beamlines site
1 year warranty
Alignment procedure based on pointing and centering alignment references at the
beam expander input and output.
Maintenance manual
Detailed design of the beam expander, including drawings.
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Annex No. 6 Binding Text of the Contract
Purchase Contract
entered into pursuant to Section 409 et seq. of Act No. 513/1991 Coll., the Commercial Code, as
amended (hereinafter the “Commercial Code”)
I.
THE PARTIES:
1. Buyer:
Fyzikální ústav AV ČR, v. v. i.
(Institute of Physics of the Czech Academy of Sciences, public research institution)
with its registered office at Na Slovance 2
PSČ 182 21 Praha 8,
represented by: doc. Jan Řídký, DrSc. - Director
Registered in the register of public research institutions of the Ministry of Education, Youth and
Sports of the Czech Republic
Bank: Československá obchodní banka, a.s.,
Account number: 372 707 963/0300
Id. No.: 68378271
Tax Id. No.: CZ68378271
(hereinafter the “Buyer”)
and
2. Seller:
__________________,
with its registered office at __________________,
Id. No.: __________________,
registered in __________________,
represented by __________, ______________,
Bank:
Account number: _______________/______
Id. No.: ____________
Tax Id. No.: ____________
(Hereinafter the “Seller”; the Buyer and the Seller are hereinafter jointly referred to as the
“Parties” and each of them individually as a “Party”).
enter, on the present day, month and year, into this Purchase Contract (hereinafter the "Contract")
II.
Fundamental Provisions:
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2.1
The Buyer is the beneficiary of a subsidy from the Ministry of Education, Youth and Sports of the
Czech Republic for the project “ELI: EXTREME LIGHT INFRASTRUCTURE”, reg. No.
CZ.1.05/1.1.00/02.0061, within the Operational Programme “Research and Development for
Innovations”, priority axis 1 European Centres of Excellence, area of support 1.1 European
Centres of Excellence (hereinafter the “ELI-Beamlines Project“).
2.2
The objective of the ELI-Beamlines Project is to build and operate an international research
laboratory (research facility) utilising the latest generation of laser technology with subsequent
implementation of a series of projects in basic and applied research. The subject, scope and
objectives of the ELI-Beamlines Project are defined in further detail in the Decision of the
European Commission of 20 April 2011, Ref. No. K(2011) 2753, on the major project of “ELI:
EXTREME LIGHT INFRASTRUCTURE” and in the Decision of the Ministry of Education, Youth and
Sports of the Czech Republic of 2 August 2011, Ref. No. 26310/2009-45, and also in documents
following on from these decisions. The ELI-Beamlines Project is simultaneously a part of the
Czech roadmap for major infrastructure for research, development and innovations approved by
the Government of the Czech Republic.
2.3
The ELI-Beamlines Project is one of the pillars of the ELI Project, which is part of the ESFRI
Roadmap created by the European Strategy Forum on Research Infrastructures established by
the Commission of the European Communities with a view to implementing pan-European
state-of-the-art research centres aimed at providing an absolutely open access to these facilities
for scientific workers within the scientific specialisation of the given research facility exclusively
on the basis of the scientific excellence of the workers (i.e. without regard to the legal or
commercial status of the institutions or societies to which they belong).
2.4
With a view to successful implementation of the ELI-Beamlines Project, it is also necessary to
provide for the subject of performance of this Contract. The subject of performance of this
Contract will become part of the infrastructure for research, development and innovations, ELIBeamlines (hereinafter the "ELI-Beamlines Infrastructure”), and will further be used for
implementation of research projects.
2.5
The Seller has won the tender procedure organised by the Buyer under Act No. 137/2006 Coll.,
on public procurement, as amended, for the contract entitled “Beam Expander supply”
(hereinafter the “Tender Procedure”).
2.6
The initial basic documents for the supply of the subject of performance under this Contract are
as follows:
-
Technical Specifications as an integral part (Annex No. 5) to the Tender Procedure tender
documentation; this document forms an integral part hereof in the form of Annex No. 1
hereto;
-
The part of the bid submitted by the Seller within the Tender Procedure that technically
describes the offered supply (hereinafter the “Bid”); this document forms an integral part
hereto in the form of Annex No. 2;
2.7
The Seller represents that it has all the professional prerequisites required for the supply of the
subject of performance under this Contract, is authorised to supply the subject of performance
and there exist no obstacles on the part of the Seller that would prevent the Seller from
supplying the subject of this Contract to the Buyer.
2.8
The Seller acknowledges that the deadlines for the performance of the subject of this Contract
or its part as set out in Art. VI. are of essential importance for the Buyer in view of the schedule
of activities within the ELI-Beamlines Project and the deadline by which the project is to be
implemented, and that the Buyer could incur damage as a result of failure to meet the said
deadlines. The Seller declares that the Buyer has acquainted the Seller with the schedule of the
- 20 -
ELI-Beamlines Project.
III. Subject of the Contract
3.1
This Contract stipulates the obligation of the Seller to supply to the Buyer and transfer to the
Buyer the ownership title to Beam expander, Transmission flat, Reference flat, a
corresponding Technical Design Report, and equally to supply a respective maintenance
manual, Alignment procedure documentation and other related supplies as defined herein
(hereinafter jointly referred to also as the “Goods”), as well as the obligation of the Seller to
duly install/demonstrate the Goods at the Buyer´s premises, all as specified in Annex No. 1
and in Annex No. 2 to this Contract in the quantity and quality specified therein. Should there
be a discrepancy between Annex No. 1 and Annex No. 2, the more favourable provision for
the Client shall apply, i.e. provisions defining higher value for money for the Client (e.g. higher
performance specification, extended warranty, earlier delivery etc.).
3.2
The Seller undertakes and agrees that the Goods will only be accepted and taken over by
Buyer if accompanied by all pertinent documentation and fully in compliance with all
requirements specified in this Contract and Annex No. 1 and in Annex No. 2 to this Contract.
3.3
The Buyer agrees to take over the Goods with all the required documents in Annex No. 1 and
in Annex No. 2 to this Contract delivered properly and in due time and pay the purchase price
for them to the Seller as specified in Art. V. hereof.
3.4
The Seller undertakes to duly deliver, under the terms agreed herein and within the time
frame agreed herein, at his own cost and risk the Goods to the Buyer at the prescribed
location and to hand them over to the Buyer. The Seller shall be liable for delivery of the
Goods fully in accordance with this Contract and Annex No. 1 and in Annex No. 2, his bid
submitted within the Tender Procedure and valid legal, technical and quality regulations.
IV. Ownership Title
The ownership title to the Goods shall pass to the Buyer on execution of the handover
protocol attesting to the handover and takeover of the Goods, at which time the Buyer also
assumes the risk of damage to the Goods.
V. Purchase Price and Payment Terms
5.1
The purchase price for the subject of this Contract as set out in Art. III was set on the basis of
the Seller’s bid submitted within the Tender Procedure as the maximum price that cannot be
exceeded, in the amount of EUR _______ excl. VAT (in words: _______ EUR), hereinafter the
“Purchase Price”.
5.2
Unless this Contract stipulates otherwise, all the prices set out in this Contract are exclusive of
VAT, which shall be charged by the Seller according to the regulations applicable as of the
date of the taxable supply.
5.3
The Purchase Price includes all the costs related to the performance of the subject of this
Contract. The Purchase Price for the subject of performance set out in Art. III. hereof is the
maximum permissible price. The Purchase Price is independent of the development of prices
and changes in the foreign exchange rates.
5.4
Contractual Parties have agreed that the Seller shall be authorized to invoice the Purchase
Price as follows:
a) 10% of the Purchase Price upon signature hereof;
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b) 35% of the Purchase Price upon due delivery of the Technical Design Report;
c) 55% of the Purchase Price upon signature of Handover Protocol as defined below.
5.5
Invoices shall be payable within twenty one (21) days of the date of their delivery to the Buyer
(hereinafter the "Maturity Period"). Payment of the invoiced amount means the date of its
remitting to the Seller’s account. In conformity with the applicable tax regulations of the
Czech Republic, the tax documents – invoices issued by the Seller hereunder shall include
particularly the following details:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
the business name/designation and registered office of the Buyer
the tax identification number of the Buyer
the business name/designation and registered office of the Seller
the tax identification number of the Seller
the registration number of the tax document
the scope and object of the supply
the date of issue of the tax document
due date
the date of the supply or the date of acceptance of the consideration, whichever is earlier,
if it differs from the date of issue of the tax document
the price of the supply
k) a declaration that the charged supply is provided for the purposes of the "ELI: EXTREME
LIGHT INFRASTRUCTURE“ project, reg. No. CZ.1.05/1.1.00/02.0061.
and must also be in conformity with any double taxation treaties applicable to the given case.
5.6
The last invoice in each calendar year must be delivered by the Seller to the Buyer’s filing
department not later than by 15 December of the given calendar year. If a tax document –
invoice is not issued in conformity with the payment terms stipulated by the Contract or if it
does not comply with the requirements stipulated by law or if it is not delivered to the Buyer
by the aforementioned date, the Buyer is entitled to return the tax document – invoice to the
Seller as incomplete, or incorrectly issued, for supplementation or issue of a new invoice, as
appropriate, within five (5) business days of the date of its delivery to the Buyer. In that case,
the Buyer is not in delay in payment of the purchase price or part thereof and the Seller shall
issue a corrected invoice with a new identical Maturity Period, which shall commence on the
date of delivery of the corrected or newly issued tax document – invoice to the Buyer.
The Buyer’s invoicing details are set out in Art. I hereof.
VI. Times of Performance of the Subject of the Contract
6.1
The Seller undertakes to duly deliver Goods and provide all the associated services herein
identified within 1 year from the date of execution hereof by both parties; the Buyer
undertakes to take delivery of such duly delivered Goods as anticipated herein; the handover
of the Goods shall be subject to handover protocols to be drawn up and executed by the
parties as defined below.
6.2
The Seller undertakes to duly deliver Technical Design Report corresponding to the Goods
within 3 months from the date of execution hereof by both parties. The Buyer undertakes to
take delivery of such Technical Design Report as anticipated herein, to check it thoroughly and
in case of any discrepancies between the Technical Design Report and the needs of ELIBeamlines Project to notify the Seller without undue delay on the necessity to modify the
Technical Design Report and thus the Goods. In that event, the Seller shall be obliged to
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modify the Technical Design Report and thus the Goods according to the Buyer´s needs. The
Technical Design Report shall be deemed as duly delivered only after the Seller made any and
all such necessary modifications.
6.3
Following the Technical Design Report delivery, the Seller shall deliver to the Client on
monthly basis a report on ongoing procurement and construction of the Goods and provision
of associated services with respect to the indicative time schedule of manufacturing and
delivery contained in the Bid. To these reports within 10 working days, the Client is entitled
to provide comments, to which the Seller is bound to respond, i.e. either implement them (in
full extent) or give detailed reasoning/explanations why such changes are not (partly)
acceptable.
The indicative time schedule of manufacturing and delivery contained in the Bid forms
Annex No. 3 hereto.
6.4
The Seller shall be entitled to deliver Goods to the Buyer prior to the agreed deadlines for
their handover as defined in Section 6.1 herein provided agreement to that effect is reached
prior with the Buyer.
VII. Place of performance
7.1
The place of performance of the Buyer shall be the address given in the heading of this
Contract or another location in Prague or in Central Bohemia (in Czech “Stredocesky kraj”),
Czech Republic, duly notified by the Buyer to the Seller at least two weeks prior to the agreed
upon date of delivery as defined in Art. VI here above.
VIII. Handover of the Goods and
8.1
The Goods shall be handed over to the Buyer only with the documents as stated in Annex No.
1 and in Annex No. 2 of the Contract. A due handover of the Goods according to this Contract
shall include delivery of the Goods by the Seller to the place of performance as specified in
Art. 7.1 hereof, as well as implementation, demonstration and successful testing of the Goods
by the Seller in presence of appointed personnel of the Buyer at that particular place of
performance.
8.2
The Seller shall provide the following documentation to the Buyer in order to effect handover:
- Maintenance manual,
- Alignment procedure documentation,
- Seller’s declaration that the delivered Goods comply with Contract, Annex No. 1 and
Annex No. 2 of the Contract, valid legal regulations and technical standards,
- Other documentation specified herein;
(all documentation in electronic and in printed form).
Should the Seller fail to provide the Buyer with any of the above documents, the subject of
the Contract / supply of Goods shall be not considered complete and fit for delivery /
handover / acceptance by the Buyer.
8.3
The Parties shall execute a handover protocol on the course of the handover and takeover
procedure; the protocol must include:

details on the Seller, Buyer and subcontractors;

description of the Goods that are the subject of handover and takeover;

declaration of the Buyer as to whether the Buyer accepts or does not accept the
Supply;
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
the date of execution of the protocol on handover and takeover of the Supply
(hereinafter the “Handover Protocol”).
The Handover Protocol shall be executed by the Parties only in case of a due and proper
handover of the Goods as specified in Art. 8.1 hereof, including a proper installation,
demonstration and successful testing of the Goods at the place of performance of the Buyer
(as specified in Art. 7.1 hereof).
8.4
Upon handover of the Goods, confirmed by the signature of the persons authorised by the
Parties hereunder on the Handover Protocol, the Buyer assumes the risk of damage to the
handed-over Goods; this fact shall not relieve the Seller from liability for damage caused as a
consequence of defects of the Goods. The Seller bears the risk of damage to the Goods until
the handover and takeover of the Goods.
8.5
The Buyer is not obliged to take over Goods with defects, whereas minor defects that do not
have a material impact on the functionality of the Goods shall not hinder handover of the
Goods by Buyer. If the Buyer does not exercise its right not to take over Goods with defects,
the Seller and the Buyer shall make a list of ascertained defects in the Handover Protocol,
including the manner of and deadline for their removal.
IX. Warranty and Claims Based on Defects of the Supply
9.1
The Seller shall provide warranty for the quality of the Goods delivered by the Seller and
accepted by the Buyer for a period of at least one year from delivery and acceptance of the
Goods without defects.
9.2
The warranty term shall commence on the date of execution of the Handover Protocol on
handover and takeover of the Goods by the Buyer. However, if the Goods are taken over with
even a single defect, the warranty term shall commence on the date of removal of the last
defect by the Seller except minor defects that do not have a material impact on the
functionality of the Goods.
9.3
The Buyer shall raise a claim for removal of a defect in the supply of Goods against the Seller
without undue delay after ascertaining the defect, but not later than on the last day of the
warranty term, by means of a written notice sent to the Seller’s authorised representative for
technical matters set out herein. A claim sent by the Buyer on the last day of the warranty
term shall be deemed to be made in time.
9.4
In the written claim of defects, the Buyer shall describe the defect and the manner in which
the defect is to be removed. The Buyer is entitled to:

request that defects be removed by supply of substitute Goods instead of the
defective Goods (shall not apply in case of minor defects as specified in art. 9.6.
below);

request that the defects be removed by repair if the defects can be repaired;

request an appropriate discount on the purchase price.
The choice among the above-specified claims based on defects of the supply of Goods shall be
made by the Buyer. Furthermore, the Buyer is entitled to withdraw from the Contract if the
Contract was materially breached by the supply of Goods with defects.
9.5
The Seller agrees to remove the claimed defects of the supply of Goods free of charge.
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9.6
The Seller agrees to commence acts aimed at removing the defect without undue delay of the
date of delivery of the claim. In case of minor defects on the Goods, i.e. defects which can be
removed without special obstacles at the place of delivery of the Goods, the Seller shall
remove the defect not later than 20 days from delivery of the claim, and in case of other
defects on the Goods within 40 days from delivery of the claim. Should the fulfilment of these
deadlines not be technically possible, the Parties shall agree on an extended period.
9.7
The Seller shall be obliged to remove defects on the Goods also in instance when the Seller is
of the opinion that he is not liable for such defects. Cost accrued in connection with the
removal of defects of the Goods in these disputable cases shall be borne by the Buyer until
such dispute is resolved.
9.8
The Parties shall execute a record on removal of the claimed defect, in which they shall
confirm that the defect has been removed. The warranty term shall be extended by the time
that expires from the date of exercising the claim to the time of removal of the defect. Should
the removal of a defect be made in the form of repair at least 6 month’s warranty shall be
provided for the repair.
9.9
The warranty shall not apply to defects caused by unprofessional handling, incorrect or
unsuitable maintenance, non-compliance with the manufacturers’ rules of operation and
maintenance of equipment accepted by the Buyer from the Seller upon handover, or those of
which the Seller advised the Buyer in writing. The warranty shall also not apply to defects
caused by gross negligence or intentional conduct.
X. Contractual Penalties
10.1
In the event that the Seller is in delay in respect of the time of handover and takeover of the
supply as set out in Art. VI (6.1) hereof, the Buyer is entitled to charge the Seller with a
contractual penalty in the amount of 0,05% of the Purchase Price for each, even incomplete,
day of delay.
10.2
In the event that the Seller is in delay in respect of the time of handover and takeover of the
Technical Design Report as set out in Art. VI (6.2) hereof, the Buyer is entitled to charge the
Seller with a contractual penalty in the amount of 0,05% of the Purchase Price for each, even
incomplete, day of delay.
10.3
In the event that the Seller is in delay in respect of the time of removal of the defects on the
Goods as set out in Art. IX (9.6) hereof, the Buyer is entitled to charge the Seller with a
contractual penalty in the amount of 0,05% of the Purchase Price for each, even incomplete,
day of delay.
10.4
If the Buyer fails to pay the Purchase Price within the deadlines set out in this Contract, the
Buyer is obliged to pay the Seller an interest of 0.01 % on the outstanding amount for each
day of delay unless the Buyer proves that the delay in payment of the Purchase Price was
caused by late release of the funds by the provider of the support.
10.5
The obliged party must pay any contractual penalties to the entitled party not later than
within 15 calendar days of the date of receipt of the relevant claim from the other party.
10.6
Payment of the contractual penalties pursuant to this Article hereof shall in no way prejudice
the Buyer’s entitlement to compensation for damage incurred by the Buyer as a result of
breach of the Seller’s obligations to which the penalty applies.
XI. Termination of the Contract
11.1
This Contract may be terminated by its performance, agreement of the Parties or withdrawal
- 25 -
from the Contract on the grounds stipulated by law or in the Contract.
11.2
The Buyer is entitled to withdraw from the Contract without any penalty from Seller in any of
the following events:
i)
The Provider of the subsidy or any other control body determines that the expenditures or
part of the expenditures incurred on the basis of this Contract are ineligible; or
ii) The financial subsidy for implementation of the ELI-Beamlines Project is withdrawn from
the Buyer;
iii) The Seller has materially breached the obligations imposed thereon by the Contract;
iv) Insolvency proceedings are pursued against the Seller’s assets.
11.3
The Seller is entitled to withdraw from the Contract in the event of material breach of the
Contract by the Buyer.
XII. Representatives, Notices
12.1
The Seller has appointed the following authorised representatives for communication with the
Buyer in relation to the subject of performance hereunder:
In technical matters:
_____________________________
E-mail: ______________________, tel.: ___________________
12.2
The Buyer has appointed the following authorised representatives for communication with the
Seller in relation to the subject of performance hereunder:
In technical matters:
Prof. Bruno Le Garrec, MSc.
E-mail: Bruno.LeGarrec@eli-beams.eu
12.3
Unless this Contract stipulates otherwise, any and all notices that are to be or may be made
between the Parties under this Contract must be made in writing and delivered to the other
Party by an internationally renowned courier service (Federal Express, DHL, etc.), in person
(with written confirmation of acceptance) or by registered post.
XIII. Choice of Law
13.1
This Contract and all the legal relationships arising out of it shall be governed by the laws of
the Czech Republic.
13.2
The Parties acknowledge and note that the provisions of the Commercial Code shall apply in
matters that are not explicitly regulated by this Contract.
13.3
Any and all disputes arising out of this Contract or the legal relationships connected with the
Contract shall be resolved by the Parties by mutual negotiations. In the event that any dispute
cannot be resolved by negotiations within sixty (30) days, the dispute shall be resolved by the
competent court in the Czech Republic based on application of any of the Parties.
XIV. Training of the Buyer´s Employees
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14.1
The Seller undertakes to train five of the Buyer’s employees in the extent necessary for them
to be able to operate the Goods without external guidance at the Buyer’s premises during
installation and demonstration of the Goods.
14.2
Costs and other expenses of the training are born by the Seller.
XV. Final provisions
15.1
The Contract represents the entire and comprehensive agreement between the Buyer and the
Seller.
15.2
The Seller undertakes, under the terms and conditions hereof, in accordance with instructions
issued by the Buyer and using all necessary professional care, to:

duly archive all written material prepared in connection with the execution of this
Contract and to provide access to the Buyer to these archived documents until 2025. The
Seller shall be entitled to take possession of these documents after ten years from the
completion of the the Seller free of charge;

cooperate during financial inspections carried out in accordance with Act 320/2001 Coll.,
on Financial Inspections, as amended, i.e. to allow the Managing Authority of the
Operational Program Research and Development for Innovation (hereinafter the
“Sponsor”) to access also those portions of the tender (bid) submitted within the Tender
Procedure, the Contract, Orders and related documents which may be protected by
special legal regulation, given that all requirements set forth by legal regulation with
respect to the manner of executing such inspections will have been observed; the Seller
shall bind any of its sub-contractors to comply with this obligation accordingly.
15.3
In the event that any of the provisions of this contract shall later be shown or determined to
be invalid, ineffective or unenforceable, then such invalidity, ineffectiveness or
unenforceability shall not cause invalidity, ineffectiveness or unenforceability of the Contract
as a whole. In such event the Parties undertake without undue delay to replace after mutual
agreement such invalid, ineffective or unenforceable provision of the Contract by a new
provision, that in the extent permitted by the laws and regulations of the Czech Republic,
relates as closely as possible to the intentions of the Parties to the Contract at the time of
creation hereof.
15.4
This Contract becomes valid and effective as of the day of its execution by the authorised
persons of both Parties.
15.5
This Contract may be changed or supplemented solely by means of numbered supplements in
writing, furnished with the details of time and place and signed by duly authorised
representatives of the Parties.
15.6
This Contract is drawn up in four (4) counterparts, each of which is deemed to be the original.
Each Party to the Contract shall receive two (2) counterparts. The following Annexes are an
integral part of the Contract:
Annex No. 1: Technical Specifications
Annex No. 2: The Bid
Annex No. 3: Indicative time schedule of manufacturing and delivery
15.7
The Parties, manifesting their assent with its entire contents, affirm the Contract with their
signature.
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In Prague, on _______________ 2013
In________, on _______________ 2013
For: Fyzikální ústav AV ČR, v. v. i.
For:_____________________
__________________________
Name: doc. Jan Řídký, DrSc.
________________________
Name:___________________
Title: Director
Title:
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Annex No. 1: Technical Specifications
1 Beam Expander i.e.:
fulfilling in full extent the following specifications:
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Input beam diameter 4 inches
Output beam diameter = 14 inches or higher
Input beam mechanical connection = 4 inches standard
Achromatic from wavelength = 633 nm to 1064 nm (“nm” stands for “nanometer”).
Transmitted wavefront distorsion: RMS values: sigma inferior or equal to wavelength / 20 at
633 nm (“RMS” stands for “Root Mean Square”; and “sigma” stands for “standard deviation of
the RMS values”).
Maximum dimension (L x l x h) = 2m x 1m x 1m (“m” stands for “meter”).
Aluminum protective cover with input and output apertures.
Should be delivered assembled on an optical breadboard.
Transmission flat i.e.:
fulfilling in full extent the following specifications:
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Clear aperture diameter in accordance with provided output beam diameter
Reflectivity = 4.0 (plus or minus 0.5) % for wavelength = 633, 850 and 1064 nm; assuming the
flat is a wedge with the back surface with an anti-reflection coating with reflectivity inferior to
0.5%.
Optics quality:
RMS values: sigma inferior or equal to wavelength / 100 @ 633 nm.
Peak-to-Valley values (P-V): wavelength / 20 (for 1 P-V = 5 sigma)
Reference flat i.e.:
fulfilling in full extent the following specifications:
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Clear aperture diameter in accordance with provided output beam diameter
Reflectivity = 4.0 (plus or minus 0.5) % for wavelength = 633, 850 and 1064 nm
Optics quality:
RMS values : sigma inferior or equal to wavelength / 100 @ 633 nm
Peak-to-Valley values (P-V): wavelength / 20 (for 1 P-V = 5 sigma)
Others:
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Installation on ELI-Beamlines site
1 year warranty
Alignment procedure based on pointing and centering alignment references at the beam
expander input and output.
Maintenance manual
Detailed design of the beam expander, including drawings.
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Annex No. 2: The Bid
(Note: respective document – respective part of the bid - to be attached before contract signature
with winning applicant)
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Annex No. 3: Indicative time schedule of manufacturing and delivery
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