The Public Procurement, as Project called „Development ...przetargi.adm.uj.edu.pl › pliki_z_formularza › siwza1957.pdf · respect to one to two parts of the public procurement,

SETCPP – for selecting the Contractor for delivery of BAM microscope with accessories, Langmuir trough with respect to one to two parts of the public procurement, in frames of POIS Project 13.01.00-00-062/08 „Development and modernization of didactic infrastructure of natural sciences and pure sciences specializations of Jagiellonian University” project, coo-financed by the European Union in frames of European Regional Development Fund Operational Program Infrastructure and Environment.

File no: CRZP/UJ/ 302/2011

________________________________________________________________________________________ Biuro Zamówień Publicznych Uniwersytetu Jagiellońskiego Ul. Straszewskiego 25/9, 31-113 Kraków; tel. +4812-432-44-50, fax +4812-432-44-51 lub +4812-663-39-14; e-mail: [email protected] www.uj.edu.pl http://przetargi.adm.uj.edu.pl/oglosz.php Strona 1 z 34

The Public Procurement, as Project called „Development and modernization of didactic infrastructure of natural sciences and pure sciences specializations of Jagiellonian University” project, coo-financed by the European Union in frames of European

Regional Development Fund Operational Program Infrastructure and Environment.

Krakow, 16 June 2011 r.

SPECIFICATION OF ESSENTIAL TERMS AND CONDITIONS OF THE PUBLIC PROCUREMENT (hereinafter referred to as the ‘SETCPP’)

1) Full name (company name) and address of the Purchaser. 1. Jagiellonian University in Krakow, ul. Golebia 24, 31-007 Krakow. 2. Unit assigned to the Tender Procedure:

Public Procurement Office of the Jagiellonian University, ul. Straszewskiego 25/9, 31-113 Krakow; tel. +4812-432-44-50; fax +4812-432-44-51 or +4812-663-39-14; e-mail: [email protected] [email protected] www.uj.edu.pl http://przetargi.adm.uj.edu.pl/oglosz.php

2) Contract Award Procedure. 1. The procedure shall be carried out as an open tender, pursuant to the regulations under

the Act of 29 January 2004 ‘Public Procurement Law’, hereinafter referred to as the ‘PPL’ (consolidated text: Polish Journal of Laws of 2010 No. 113 item 759, as amended).

2. An adequately appointed Tender Board shall carry out the entire present Contract Award procedure.

3. Provisions of the aforementioned Public Procurement Law (PPL) and regulations related thereto, enacted on the basis of the PPL, shall apply to actions undertaken by both the Purchaser and the prospective Contractors in connection with the procedure aiming at awarding a Contract. With regard to issues not governed by that Law, the provisions of the Act of 23 April 1964, Civil Code (Polish Journal of Laws No. 16 item 93, as amended) shall apply.

3) Description of the Object of Public Procurement. 1. The object of Public Procurement and of the Prospective Contract is the selection of a

contractor to purchase and deliver the equipment for didactical purposes: BAM microscope with accessories, Langmuir trough, with respect to one to two parts of the public procurement, i.e. new complete devices and components of the control and measurement equipment, within a project called „Development and modernization of didactic infrastructure of natural sciences and pure sciences specializations of Jagiellonian University” project, coo-financed by the European Union in frames of

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http://przetargi.adm.uj.edu.pl/oglosz.php




European Regional Development Fund Operational Program Infrastructure and Environment, for the Laboratory of Photochemistry and Spectroscopy (P29) , of Faculty of Chemistry of the Jagiellonian University in Krakow, ul. R. Ingardena 3, Krakow. The object of the Public Procurement also includes: delivery service to the recipient and user, and in part 1 installation (assembly) and launching and testing of apparatus in the presence of employee authorized by the Purchaser and the training of scientific staff of the Purchaser in necessary range – the detailed description of the object of public procurement can be found at points 3.4 and 3.5 of SETCPP. The Public Procurement includes in particular: Part 1 – BAM microscope with accessories – 1 piece Part 2 – Langmuir trough – 1 piece

2. This Public Procurement and the prospective Contract shall be carried out as part of a project co-financed by the European Union within the European Regional Development Fund; Operational Program Infrastructure and Environment for the years 2007 – 2013; Project no POIS.13.01.00-00-062/08 „Development and modernization of didactic infrastructure of natural sciences and pure sciences specializations of Jagiellonian University” project, coo-financed by the European Union in frames of European Regional Development Fund Operational Program Infrastructure and Environment.

3. Detailed information on the following: principles applied by the European Regional Development Fund as a basis for its operations; principles of allocating financial resources and spending them, principles of promoting the regional development; can be found at the websites: www.funduszeeuropejskie.gov.pl and www.mrr.gov.pl.

4. A detailed description of the Object of Public Procurement including all the components of minimal parameters and technical and functional requirements in respect to part 1 of the public procurement, shall be as follows: Part 1 – Brewster angle microscope (BAM) - 1 piece - The description of the Object of Public Procurement consistent with the wording

of the Common Procurement Vocabulary (CPV) is CPV: 38512200-9 Molecular microscopes, 30231300-0 Display screens, 30213000-5 Personal computers,

CCD camera (1392 x 1040 pixels) Laser (658 nm, 50 mW) Microscope objective (field of view: 800 x 430 m Lateral resolution: 2 m Motorized analyzer to visualize optical anisotropic layers Motorized Z-lift Motorized angle-of-incidence (AOI) range 52° to 56° Overall-focused images within the field of view Complete image processing software including automatic background

compensation, contrast enhancement and image filtering

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http://www.mrr.gov.pl/




Active vibration isolation system Langmuir or Langmuir-Blodgett trough compatible with BAM microscope PC and monitor:

CPU no worse than: 1366 CPU Core i7 RAM: DDR3/1333 8GB Grafic card no worse than: 1024 MB Grafic card PCI-E Hard Drive: 2 x 500GB HD System: Windows 7 Pro 64Bit 2 onboard LAN ports, one additional port for camera 24" LCD Monitor

5. A detailed description of the Object of Public Procurement including all the components of minimal parameters and technical and functional requirements in respect to part 2 of the public procurement, shall be as follows: Part 2 – Langmuir trough – 1 piece - The description of the Object of Public Procurement consistent with the wording of the Common Procurement Vocabulary (CPV) is CPV: 38400000-9 Instruments for checking physical characteristics. Langmuir trough equipped with: 1) Surface potential sensor 2) Surface pressure sensor 3) Mechanism that enables deposition of a floating monolayer on a solid substrate

(Dipper) 4) Two barriers for symmetric compression of the film 5) Software 6) Acrylic cover box and connector for gas

6. The Purchaser’s terms and conditions and additional information:

a) The Bid shall be unambiguous and complex, i.e. it shall include all Public Procurement assortment,

b) The price calculated by the Contractor shall include the costs of the transport and delivery to the headquarters of the receiver and user ie Laboratory of Photochemistry and Spectroscopy (P29), of Faculty of Chemistry of the Jagiellonian University, ul. R. Ingardena 3, Krakow also the cost of installation (assembly) and launching the apparatus, and the training of scientific staff of the Purchaser in necessary range.




c) In part 1 of the public procurement: installation (assembly) of apparatus in the presence of employee authorized by the Purchaser shall occur no later than 14 business days, counting from the date of delivery.

d) The Purchaser requires that all devices must be only brand new and in original packaging.

e) Safety marking – the CE mark (the copies of the certificate or statement of conformity shall be delivered along with the Object of Public Procurement);

7. Requirements concerning a warranty for part 1 and 2:

a) A warranty of no less than 12 months for each of the delivered devices forming the Object of the Public Procurement (counting from the date of its delivery for use – that is from the date of installing, initiating and testing the Object of the Public Procurement) shall be required,

b) A warranty includes gratuitous on-going maintenance (included in the bid price), resulting from the terms and conditions of the warranty, and repair within the warranty period in the place of use, carried out by persons or entities with the producer’s relevant authorization (warranty on-site),

c) The warranty shall be provided by the producer of a given device, a service station or by persons with the producer’s authorization,

d) A warranty should cover the replacement of all parts, work and acces the site or the costs of shipping of device or component designer to be repaired,

e) The Contractor shall guarantee that a delivered product be of the highest quality, in accordance with the technical specification. The liability arising from the quality warranty shall include both defects resulting from reasons underlying in the Object of Public Procurement at the moment of its delivery by the Purchaser, as well any other material defects resulting from reasons that the Contractor is liable for, provided that the defects emerge within the warranty period,

f) The running of the warranty period shall commence on a date that follows that of a technical acceptance of the subject of the contract,

g) A warranty repair shall be completed within a time limit not exceeding 14 days, counting from the date of the receipt of a notification by the service station (by phone, facsimile, or e-mail). Should a need of bringing in specialist spare parts arise, the time limit set forth above shall be no longer than 28 days, it is allowed to send the broken device or component to the service designated by the Contractor, in such case: the transport costs during the warranty period are covered by the Contractor counted from the date of delivery of sent device or component.

h) The warranty shall be automatically extended by a period of repair, i) In case of a triple failure of the same element, the Contractor shall be obliged to

replace the faulty element with a new one, j) Should the Contractor fail to abide by the warranty terms and conditions or the

aforementioned provisions, the Purchaser shall be entitled to make good the




defects by way of a repair at the Contractors risk and expense, while at the same time retaining other rights resulting from the Contract,

k) If the Contractor fails to comply the above mentioned points, the Purchaser shall be entitled to make good the defects by way of a repair at the Contractors risk and expense, while at the same time retaining other rights resulting from the Contract,

l) Warranty cards must be delivered separately for all of the devices. Each item of the contract should be treated separately, and must be delivered as complete device and ready for use as intended.

m) For any reasons attributable to the Contractor fails to remove the defects within the specified period, the Purchaser shall have the right to employ another contractor to make good the defects, and the Contractor shall be obliged to cover the expenses arising therefrom within 14 days of the date of receipt of the proof of payment.

n) Warranty terms can not order The Purchaser to store the packages in which the devices will be delivered.

o) During the acceptance procedure the Contractor shall be obliged to submit the due warranty documents and operation and use manuals.

p) The Purchaser undertakes to meet the basic operational conditions as specified by the producer in the warranty cards supplied by the Contractor.

q) The terms and conditions of the Public Procurement have also been contained in a contract template that constitutes an integral part of the SETCPP.

8. The Purchaser allows to submitting an equivalent bids. Any Contractor, who is

submitting an equivalent bid, according to PPL, shall be required to point out that the offered object of the public procurement, meet the requirements specified in SETCPP or that he provides the better solutions. By equivalent means, that all offered devices must have at least the same parameters as the standard models. The Contractor according to article 30 paragraph 5 of PPL, when citing the solutions equivalent to the one described by the Purchaser, shall be required to point out, that its tendered supplies, services and works meet the requirements specified by the awarding entity. The Contractor shall enclose detailed technical and / or functional specifications, or producer’s catalogues, which will allow for the assessment of compliance of the offered elements and devices and their specifications with the requirements of the SETCPP. In particular the Contractor shall specify the names of manufacturer of the device, offered model and description of its technical and/or functional characteristics (brochures, producer’s catalogues, folders etc.).

9. All proper names, types, models, symbols etc. that are described in SETCPP are only the standard models.

10. In order to prove the necessary conformity of the Object with the provisions under ‘SETCPP’, the Contractor shall attach the following to the Bid submitted: detailed technical and engineering specifications and/or functional descriptions (in the form of brochures, folders, and manufacturer’s catalogues, all of the either in Polish or in English). The additional materials submitted with the Bid shall make it possible to




properly and correctly evaluate/verify the offered devices as regards the Purchaser’s requirements.

11. The original of the SETCPP, signed by duly authorized representatives of the Purchaser for and on its behalf, constitutes the basis for resolving probable disputes relating to or resulting from the content of this document. The original of the SETCPP shall also be available in paper form at the Purchaser’s, as well as on the Purchaser’s website: www.uj.edu.pl, http://przetargi.adm.uj.edu.pl/oglosz.php. An electronic copy of the original of the SETCPP may be delivered to Contractors free of charge either via e-mail or on CD. It is also possible that, upon the request of Contractors, the Purchaser makes a paper copy of the original of the SETCPP and sends it over to them, which is payable. The Contractor shall pay only the dispatch costs, as the paper copy of the SETCPP is free of charge.

12. In case the Contractor anticipates the employment of subcontractors, the Bid shall include an index with the scope of their duties (parts of the Public Procurement).

13. The Purchaser provides for the possibility of incorporating some changes into the provisions under the Contract concluded compared to the content of the Bid submitted in this Tender Procedure; based on the condition that the Price remains unchanged, the scope of possible changes are included in contract template.

14. The Purchaser informs that it shall apply for confirmation that it is an educational institution entitled to 0% VAT for the elements of the Object of Public Procurement, i.e. computer set, screen display and software; however the bid price shall be presented together with the indication and calculation of applicable taxes.

4) Lead time of the Public Procurement and Contract. 1. The Public Procurement and Contract shall be performed within 4 months in respect

to part 1 and 3 months in respect to part 2, counting from the date of Contract award, i.e. from the date on which the Contract is signed.

5) Terms and conditions of participation in the Tender Procedure and a description of the method of assessment of compliance therewith.

1. In order to be eligible to participate in the procurement procedure, the contractor must satisfy the requirements, in compliance with the provisions laid down under article 22 of the Public Procurement Law, must meet the following additional criteria: 1) The Contractor shall have legal powers to perform specified business or activity

leading to the completion of the Public Procurement, if required by the law – the Contracting Entity places no specific condition in this regard;

2) The Contractor shall possess relevant expertise and experience – the Contracting Entity places no specific condition in this regard;

3) The Contractor shall have relevant technical capacity and shall have persons capable of performing the Public Procurement tasks at its disposal – the Contracting Entity places no specific conditions in this regard;

4) The Contractor shall have economic and financial capacity to complete the Public Procurement – the Contracting Entity places no specific conditions in this regard.






2. In order to be eligible to participate in the procurement procedure, apart from satisfying the requirements prescribed in points 5) 1.1 – 5) 1.4 of this specification, the contractor must demonstrate that he is not in any of the situations of exclusion enumerated under article 24, act 1, of the Public Procurement Law.

3. The assessment of compliance with the condition of participation in the public procurement shall be performed by the 0 – 1 method, does / does not fulfill the condition, on the basis of a declaration enclosed to the bid, the draft of which has been attached as Annex No. 1 to bid form which constitutes an integral part of the SETCPP and others declarations and/or documents enclosed to the bid.

6) Documents and declarations required from Contractors as evidence that they have satisfied the participation requirements for the procurement procedure and that they are in none of the situations of exclusion.

1. The Contractor shall submit: – in order to confirm the compliance with the conditions referred to in Article 22 paragraph 1 of the PPL:

1.1. a declaration that the requirements referred to in Article 22 paragraph 1 (part 1) of the Public Procurement Law have been met, attached to the bid form, completed and signed by persons authorized to represent the Contractor, or by the Proxy representing the Contractors who are jointly applying for contract award.

1.2. Contractor must have a written undertaking by those entitles to be put at his disposal necessary resources, for their use in the period of the contract and their actual participation in the realization as a subcontractor (s)– if apply.

– in order to attest that there is no legal basis to exclude the Contractor from the procurement procedure under circumstances referred to in Article 24 paragraph 1 of the PPL:

1.3. Declaration that there is no legal basis for exclusion from the procedure, according to the article 24 paragraph 1 of PPL, on the basis of a declaration enclosed to the bid, the draft of which has been attached as Annex No. 1 (part II) to bid form, filled out and signed by person authorized to represent the Contractor. In case the bid is submitted by several entities, this requirement shall apply to each one of them;

1.4. a valid (issued no earlier than 6 months before the deadline for submitting bids) extract from the relevant register, if such entry is required by other regulations; in order to confirm that there is no legal basis for exclusion from the procedure pursuant to Article 24 paragraph 1 (2) of the PPL. In case the bid is submitted by several entities acting jointly, this requirement shall apply to each one of them, however it shall not apply to individuals.

1.5. a valid (issued no earlier than 3 months before the deadline for submitting bids) extract from the relevant tax office authority confirming that the Contractor has no outstanding tax payments, that an exemption, deferment or the right to pay outstanding payments in installments, as provided for by the law, has been granted, or that the execution of a competent authority’s decision has been




suspended. In case the bid is submitted by several individuals or entities acting jointly, this requirement shall apply to each one of them.

1.6. a valid (issued no earlier than 3 months before the deadline for submitting bids) extract from the relevant ZUS [Social Insurance Institution] or KRUS [Agricultural Social Insurance Fund] office certifying that the Contractor has no outstanding social and healthcare insurance payments, that an exemption, deferment or the right to pay outstanding payments in installments, as provided for by the law, has been granted, or that the execution of a competent authority’s decision has been suspended. In case the bid is submitted by several individuals or entities acting jointly, this requirement shall apply to each one of them.

1.7. a valid extract from the National Criminal Register (issued no earlier than 6 months before the deadline for submitting bids) for each individual acting as Contractor and for all incumbent board members of legal entities concerned, in accordance with the provisions specified in Article 24, paragraph 1 (4–8) of the PPL. In case the bid is submitted by several individuals or entities acting jointly, this requirement shall apply to each one of them.

1.8. a valid extract from the National Criminal Register (issued no earlier than 6 months before the deadline for submitting bids) for each collective entity concerned, in accordance with the provisions specified in Article 24, paragraph 1 (9) of the PPL. In case the bid is submitted by several entities acting jointly, this requirement shall apply to each one of them.

1.9. If the Contractor’s registered office is established in the Republic of Poland, then, if the persons referred to in Article 24, paragraph 1 (5–8) of the PPL are established outside the borders of the Republic of Poland, the Contractor shall, in accordance with relevant provisions, submit on their behalf a disclosure certificate issued no earlier than 6 months before the deadline for submitting bids by the competent judicial or administrative authority in their country of residence. Where the certificate is not issued in the country concerned, it must be replaced by a statement made before a notary, a relevant judicial or administrative authority, or a professional or commercial body in the country of residence of the persons concerned.

1.10. If the Contractor’s place of residence or registered office is established outside the borders of the Republic of Poland, instead of the documents enumerated in paragraphs 6) 1.4 – 6) 1.6 and 6) 1.8 hereof, the Contractor shall provide a document or documents issued in its country of residence or the country in which its registered office is established, confirming that:

a) it is not in the process of liquidation or bankruptcy (issued no earlier that 6 months before the deadline for submitting bids);

b) it has no outstanding charges, tax, social and healthcare insurance payments, that an exemption, deferment or the right to pay outstanding payments in installments, as provided for by the law, has been granted, or that the execution




of a competent authority’s decision has been suspended (issued no earlier than 3 months before the deadline for submitting bids);

c) it was not excluded from the procurement procedure (issued no earlier than 6 months before the deadline for submitting bids);

And, for the document required under paragraph 6) 1.7 hereof, it shall submit: d) a certificate issued by a competent judicial or administrative body confirming

the place of residence of the person concerned, in accordance with the provisions specified in Article 24, paragraph 1 (4–8) of the PPL (issued no earlier than 6 months before the deadline for submitting bids)

– In case the bid is proposed by several individuals or entities acting jointly, a complete set of documents shall be submitted by each one of them.

1.11. If the documents specified in subparagraphs 6)1.10. hereof are not issued in the country in which the Contractor resides, or in which its registered office is established, the Contractor shall replace them with a statement made before a notary, a relevant judicial or administrative authority, or a professional or commercial body in the country in which the Contractor resides or in which its registered office is established.

1.12 The documents referred to in paragraphs 6)1.9 – 6)1.11, shall be submitted as originals or copies translated into the Polish language and certified as conforming to the original by the Contractor.

1.13 If the contractor, while demonstrating that he satisfies the requirements prescribed under Article 22 paragraph 1 of the Public Procurement Law, relies on resources furnished by other entities in accordance with principles laid down under Article 26 paragraph 2b of the PPL, and the entities concerned are to participate in the completion of the part of the procurement (as subcontractors), the Contracting Entity shall require the contractor to provide the relevant documentation concerning these entities as prescribed under paragraphs 6)1.3 – 6)1.9, of the SETCPP, including the provisions of paragraphs 6)1.9 – 6)1.12 of SETCPP.

A. The assessment of compliance with the condition of participation in the public

procurement shall be performed by the 0 – 1 method, does / does not fulfill the condition, on the basis of a declaration enclosed to the bid, the draft of which has been attached as Annex No. 1 to bid form which constitutes an integral part of the SETCPP.

– and other documents i.e.:

1.14. The Contractor shall enclose a filled out and signed bid form together with Annexes, stipulated under the provisions of the attachment to SETCPP.

1.15. Proof that bid bond was lodged; 1.16. a detailed cost estimate, specifying individual and total net costs, the rate (or

rates) and amount (or amounts) of value-added tax, as well as individual and total gross values, calculated in accordance with the provisions and regulations




specified under point 12 of this specification and in its annexes, including the professional experience of the contractor;

1.17. detailed technical and/or functional specifications (brochures, prospectuses, producer portfolios etc., in Polish or English), allowing to determine whether the equipment is consistent with the requirements of the SETCPP. The Contractor, who is submitting an equivalent bid, shall be required to point out that the offered object of the public procurement, meet the requirements specified in SETCPP.

1.18. Should the bid be signed by a proxy, the Contractor shall enclose the power of attorney, in form of an original, notarised copy or copy certified as conforming to the original by authorised persons, also in the event that the bid is placed by entities acting jointly, i.e. consortium partners.

1.19. In case the Contractor anticipates the employment of subcontractors, the Bid shall include an index with the scope of their duties (parts of the Public Procurement).

1.20. contractor’s declaration, made in the tender submission form, that the equipment offered conforms to CE safety norms, as well as photocopies of CE certificates which attest that the equipment offered by the contractor is compliant with CE safety norms, submitted together with the contract in the English-language version, certified as conforming to the original by the person authorized to represent the contractor; where the tender is proposed in the Polish language, the certificates concerned must also be submitted in Polish;

2. Form of the documents: 2.1. All the documents must be in form of the original or copy certified as conforming

to the original by authorised persons. 2.2. The Purchaser may request presentation of originals or notarized copies of

documents (e.g. should the presented photocopies be illegible or raise doubts concerning their authenticity). In case of several Contractors jointly applying for the award of the Contract and in case of entities granting access to their resources to the Contractor, the copies of documents referring respectively to the Contractors or such entities shall be certified as conforming to the originals by the Contractor or such entities.

2.3. The documents prepared in foreign language must be submitted with the Polish translation. Technical and/or functional descriptions, producers catalogues, photocopies of CE certificate, declaration of conformity, printouts from producers website, producers declaration can be submitted in English. The Bid shall be written in Polish or English language, typed on a computer, typewritten or written by hand in a legible manner. The Contractor allows for submitting a bid in English. Documents described in points 6) 1.9 – 6) 1.11, shall be submitted as originals or copies translated into the Polish or English or any other language commonly use in international trade, certified as conforming to the original.




3. Under the article 23 paragraph 1 of PPL the Contractors may jointly applying for the award of the Contract.

7) Information on how the Contractors shall communicate with the Purchaser, submit letters of declaration and documents; Contact Persons authorized to contact the Contractors.

1. It is allowed to communicate by exchanging registered letters, facsimiles, or e-mails except for the bid which shall be submitted in the form of written originals, together with accompanying documents and letters of declaration, before the deadline referred to in Article 11) of the SETCPP.

2. Address and Contact Person: Mrs. Agnieszka Zubel, ul. Straszewskiego 25/9, 31-113 Krakow; tel. +4812 663 3915; +4812 432 44 50; fax +4812 432 44 51; e-mail: [email protected], [email protected], www.uj.edu.pl http://przetargi.adm.uj.edu.pl/oglosz.php

3. Should the Purchaser or Contractor send any documents or information by facsimile or electronic mail, then each Party shall promptly acknowledge the receipt thereof upon request of the other Party.

4. Each Contractor may directly ask the Purchaser to clarify the content of the SETCPP, and the Purchaser shall provide an explanation immediately, however the explanation shall occur no later than 6 days before the deadline for submitting bids, on condition that such a request is submitted with the Purchaser no later than until the end of the date on which half of the deadline for submitting bids elapses. Clarification of the content of the SETCPP and its possible changes will be made according to article 38 et seq.

8) Requirements Regarding a Bid Bond. 1. Not later than on the date of submitting bids, before the deadline for submitting bids,

the Contractor shall lodge a bid bond: in respect to part 1 in the amount of 7000 PLN (say: seven thousand PLN) in respect to part 2 in the amount of 1000 PLN (say: one thousand PLN)

2. The bid bond may be lodged in one or several of the following forms: a. cash; b. bank or savings and loan cooperative societies [spółdzielcza kasa oszczędnościowo-

kredytowa] sureties; the latter always regarded as cash surety; c. bank guarantees; d. insurance guarantees; e. sureties granted by entities specified in Article 6 paragraph 5 (2b) of the Act of 9

November 2000 on the establishment of the Polish Agency for Enterprise Development (Polish Journal of Laws No. 109 item 1158, as amended).

3. The bid bond in cash shall be lodged by means of a bank transfer to a following bank account of the Purchaser: nr IBAN: PL 98 1240 2294 1111 0010 3561 9764 nr SWIFT: PKO PP LPW








4. The detailed rules are described in article 46 of PPL. 5. If the bid bond is lodged in cash, a copy of the bank transfer, certified as conforming to

the original by the Contractor, shall be enclosed to the Bid, and if the bid bond is lodged in other form than pecuniary, the original proof that it was lodged must be filed along with a Bid in such a way that in case the Contractor should demand that it be returned, an original may be filed in a separate envelope. In such a case a photocopy of the proof, certified as conforming to the original, shall be attached to the bid.

9) Bid Validity Period. 1. The bids shall remain valid for a period of 60 days. 2. The bid validity period commences upon the deadline for submitting bids and opening

the bids. 3. The Contractor may, individually or on request of the Purchaser, extend the bid

validity period, however the Purchaser may only once and no later than 3 days prior to the expiry of the bid validity period, ask the Contractors for consent to an extension of this period by a definite period, which shall not exceed 60 days.

4. It is permissible to extend the bid validity period, provided that the validity of the bid bond is likewise extended or, failing that, provided that another bid bond is paid for the duration of the extended bid validity period. Where the validity period is extended after the successful bid is selected, only the chosen Contractor is subject to the renewed payment or extension of the bid bond.

10) Preparation of bids. 1. Each Contractor is entitled to submit only one bid in respect to entire/part/couple parts

of the object of the Public Procurement. 2. The documents prepared in foreign language must be submitted with the Polish

translation. Technical and/or functional descriptions, producers catalogues, photocopies of CE certificate, declaration of conformity, printouts from producers website, producers declaration can be submitted in English. The Bid shall be written in Polish or English language, typed on a computer, typewritten or written by hand in a legible manner. The Contractor allows for submitting a bid in English. Documents described in points 6) 1.9 – 6) 1.11, shall be submitted as originals or copies translated into the Polish or English or any other language commonly use in international trade, certified as conforming to the original.

3. Any corrections or amendments to the text of the Bid shall be signed by a person or persons, who signs the Bid, and provided with dates on which they were made.

4. In the Bid, the Contractor shall indicate a total price for the entire/part/couple parts of the Object of the Public Procurement.

5. It is allowed that one bid is submitted by two or more entities. The documents required by the Contractor shall be submitted in form described in point 5) and 6) of SETCPP.

6. The Bid and all the Annexes attached thereto and constituting its integral part shall be drawn up by the Contractor as stipulated by the provisions set forth in this SETCPP.




The Contractor shall attach a set of documents and statements to its Bid, as well as all other information as required by the provisions under the present SETCPP.

7. The Contractor shall enclose a calculation of a lump price performed on the basis of individual calculations by the Contractor, taking into account the requirements and provisions hereof, as well as the Contractor’s professional experience with reference to the whole of the Public Procurement.

8. It is recommended that each side of each sheet of the Bid and Annexes thereto be signed by a person or persons duly authorized by the Contractor to make declarations of will for and on its behalf. In addition to a signature (signatures), a company stamp and name stamp of the Contractor or a legible signature shall also be placed at least on the Bid Form and Annexes (Letters of Declaration) thereto, as well as on copies of documents certified as conforming to the originals. The following persons are deemed to be legally authorized to make declarations of will for and on behalf of the Contractors:

a. persons as entered in the commercial registers, registers of cooperatives or registers of state-owned enterprises, foundations, associations, etc., kept by courts;

b. persons as named in the certificates of entry in the records of business activity; c. persons duly appointed by force of a power of attorney granted by the

aforementioned persons; should a Bid be signed by a representative of the Contractor, a due power of attorney shall be attached to the Bid;

d. in case the Bid is submitted by a consortium, i.e. by Contractors jointly seeking the Contract award, the Contractors shall be obliged to submit an applicable power(s) of attorney, granted to them by all other partners or members of the consortium, or a relevant contract;

e. in case the registered offices of Contractors are established abroad, the authorized persons are the ones appointed in accordance with documents of the issuing state in which the Contractor is seated or has its permanent residency.

9. It is recommended that all sheets of the Bid and the Annexes thereto be explicitly numbered and bound together so as to prevent single sheets from slipping out. The Contractor shall also draw up a Table of Contents and attach it to the Bid.

10. Any corrections or amendments to the text of the Bid shall be signed by a person or persons, who signs the Bid, and provided with dates on which they were made.

11. The Contractor shall bear all costs related to the preparation and submission of the Bid. 12. Company confidentiality is understood to include the entrepreneur’s technical, technological organisational or other information having commercial value, which is not disclosed to the public to which the entrepreneur has taken the necessary steps to maintain confidentiality (consolidated text: Polish Journal of Laws of 2003 No. 153 item 1503, as

amended). 13. The Contractor may rely upon expertise and experience, technical capacity, persons

capable of performing the Public Procurement tasks or financial capacity of other




entities, notwithstanding the legal nature of its relationship therewith. Such a situation requires that the Contractor proves to the Purchaser that its resources are sufficient to complete the Public Procurement, particularly by presenting written statements in which such entities undertake to supply the Contractor with the necessary resources for the period of the use thereof in the completion of the Public Procurement.

11) Address and Deadline for Submitting Bids; Bid Opening. 1. The bids shall be submitted to the Public Procurement Office of the Jagiellonian

University in Krakow, at ul. Straszewskiego 25/9, 4th floor, 31-113 Krakow, until 12:00 pm on 10 August 2011.

2. The Contractor shall place its Bid in an envelope addressed to the Purchaser at the address specified in paragraph 11)1 hereof. The Contractor’s address stamp shall also be placed on the envelope. The envelope shall bear the following note:

„Bid for the purchase and delivery of equipment for the Laboratory of Photochemistry and Spectroscopy (P29) within the project called:

„Development and modernization of didactic infrastructure of natural sciences and pure sciences specializations of Jagiellonian University”,

coo-financed by the European Union in frames of European Regional Development Fund Operational Program Infrastructure and Environment,

– Please do not open before 10 August 2011, 12:30 pm, File no: CRZP/UJ/ 302/2011, part……. ”

3. The Contractor may modify or withdraw its Bid after it has already been submitted, provided that a written notification of the modification or withdrawal is received by the Purchaser prior to the deadline for submitting bids.

4. The Contractor shall not modify or withdraw its Bid after the deadline for submitting bids.

5. The Purchaser shall publicly open the bids at 12:30 pm on 10 August 2011, at the Public Procurement Office of the Jagiellonian University in Krakow, ul. Straszewskiego 25/9, 4th floor, 31-113 Krakow.

6. Any bid received after the deadline for submitting bids shall be returned unopened to the Contractor.

7. Directly before the opening of bids, the Purchaser shall make known the gross amount planned to finance the Object of the Public Procurement.

8. During the opening of the bids, the Purchaser will announce the names (companies) and addresses of Contractors, as well as bid price, period of completion of the Contract, warranty period, and terms and conditions of payment, contained in particular bids.

9. The Purchaser shall promptly pass the information referred to in paragraphs 11) 7 and 11) 8 hereof to those Contractors, who were absent during the opening of the bids, upon their request.

10. Whilst examining and evaluating the bids, the Purchaser shall be entitled to require that the Contractors provide explanations to the contents of their bids submitted.




12) Description of a Bid Price Calculation Method. 1. The Lump Sum of the Bid shall be expressed in Polish zloty (PLN) calculated on the

basis of individual calculation of each Contractor with respect to the entire/part/couple parts of the Public Procurement, taking into account the experience and expertise of the Contractor, as well as all costs that are necessary for the completion of the Public Procurement (packaging, transport, insurance), taxes, custom duties, including the necessary inspections and maintenance in the warranty period on the site of installation of the device and discounts that the Contractor envisages to grant.

2. The Lump Sum of the Bid calculated on the basis of the individual calculation of the Contractor shall be tantamount to the Bid Price provided for by the Contractor in the Bid Form with regard to the entire/part/couple parts of the Public Procurement respective (net and gross value).

3. While individually calculating the Total Lump Sum Price of the Bid, the Contractor shall specify both net value (values) of a unit and that of the total; indicate a rate (rates) and an amount (amounts) of the VAT tax due or its value expressed in per cents; as well as gross value (values) of a unit and total gross value respectively for the particular devices; including separate calculations and indications for the desktop computer set, screen display and software; Contractors registered outside of the Republic of Poland may present only net values without the VAT.

4. The accuracy level of all the calculations will be two (2) decimal places. 5. During the opening of the bids the Contractor will announce the price indicated in Bid

Form. 6. The Purchaser does not envisage valorisation of the Bid Price, and the calculated price

of the Bid shall be deemed the Lump Sum Price for the whole of the Object of Public Procurement.

7. For the sake of evaluation and comparison of bids in case of bids from Contractors registered outside of the Republic of Poland, the Purchaser shall add to the prices that were put forward a VAT that it is required to pay pursuant to applicable law.

8. In the part 1 the Contractor shall receive remuneration based on the invoice (one or two) once the whole of the Public Procurement is delivered, In the invoice, the Contractor will separate the elements to which The Purchaser will apply for permission to 0% VAT.

9. In the part 2 the Contractor shall receive the remuneration based on the one invoice, once the whole of the Public Procurement is delivered.

10. The payment shall be made in accordance with the Contract and Bid of the Contractor, within 30 days of the date of the delivery of invoices and Public Procurement, and of signing the partial and final acceptance protocols.

11. The remuneration that is due to the Contractor shall be paid transferred from the Purchaser’s bank account to the Contractor`s bank account indicated in the invoice.

12. The payment place shall be the Purchaser’s bank. 13. The Purchaser informs that it shall apply for confirmation that it is an educational

institution entitled to 0% VAT for the elements of the Object of Public Procurement,




i.e. computer set, screen display and software; however the bid price shall be presented together with the indication and calculation of applicable taxes.

13) Description of criteria that the Purchaser shall follow in the selection of a bid with their relevance and methods of bid evaluation.

1. On the basis of the evaluation criteria as specified under the SETCPP, the Purchaser shall select the best bid from among all valid and eligible bids submitted (that is from bids submitted by the Contractors that were not excluded nor rejected).

2. Bid Evaluation Criteria and their relevance: The gross Lump Sum Price of the Bid for the whole of the Object of Public Procurement – 100%.

3. Points awarded for the ‘Lump Sum Price for the whole of the Object of Public Procurement’ criterion shall be calculated according to the following formula:

C = (Cnaj : Co) x 10 where:

C – score awarded to a particular Bid, Cnaj – the lowest Bid Price amongst all valid bids, Co – a price as given by the Contractor whose score is being calculated,

Hence, a single member of the Tender Board may award a maximum of 10 points to one Contractor.

4. The accuracy level of all calculations shall be two decimal places. 5. Upon the evaluation completed, the points as awarded by each member of the Tender

Board to each of criteria separately shall be summed up and, subsequently, multiplied by the significance criterion of the respective criteria. The resulting sum will constitute a final evaluation score of the particular Bid.

6. The Bid with the highest score shall be deemed the best Bid. In case of equal scores, the Bid Price shall prevail, meaning that the best Bid shall be the one with the lowest price.

14) Information on the formalities that shall be completed and complied with upon the selection of the Bid in order to execute a Contract on Public Procurement.

1. Before the contract is signed, the contractor shall submit: a) a valid copy of a document which attests that it is eligible to enter into legal

transactions, i.e. an extract from a relevant registry or an extract from the Business Activity Register, unless the document had already been provided together with the bid at the address and time indicated by the purchaser. Where the bid is proposed by several entities acting jointly, this requirement shall apply to each one of them,

2. The Purchaser shall conclude a public procurement contract within the period of not less than 10 days of the date on which the notification on the selection of the best Bid is dispatched, if sent by fax or e-mail, or not less than 15 days, if sent otherwise; and in case the value of public procurement is lower than the amounts specified in provisions issued on the basis of Article 11 paragraph 8, the so-called ‘EU thresholds’, the contract shall be concluded within the period of not less than 5 days of the date on




which the notification is sent by fax or e-mail, or not less than 10 days if sent otherwise.

3. The Purchaser may conclude a public procurement contract before the deadlines referred to in section 14) 2 hereof, in case only one bid is submitted for the tender procedure or in case of the occurrence of other circumstances specified in Article 94 paragraph 2 of the PPL.

4. If the Contractor whose Bid is selected avoids concluding the public procurement contract, the Purchaser shall select the best Bid among the remaining bids, without carrying out their re-evaluation unless any of the conditions referred to in Article 93 paragraph 1 (1–7) of the PPL occurs.

15) Requirements on the Due Performance Security. 1. The Purchaser shall not assume the need for furnishing any security on due

performance of the Contract.




16) Contract Template

The Public Procurement, as Project called „Development and modernization of didactic infrastructure of natural sciences and pure sciences specializations of Jagiellonian University” project, coo-financed by the European Union in frames of European

Regional Development Fund Operational Program Infrastructure and Environment

CONTRACT TEMPLATE CRZP/UJ/……./2011

The present Public Procurement Contract, executed in Krakow, on .................. 2011, by and between: The Jagiellonian University with the registered office at ul. Golebia 24, 31-007 Krakow, represented by:

1. ….., 2. …..,

hereinafter referred to as the ‘Purchaser’; and ......................................., represented by: 1. ….., hereinafter referred to as the ‘Contractor’. This Public Procurement Contract was concluded as a result of the open tender procedure, in accordance with the Act of 29 January 2004 on Public Procurement Law (Polish Journal of Laws of 2010 No. 113 item 759, as amended).

§ 1 1. The Contractor hereby covenants with the Purchaser to purchase and deliver the

equipment for educational purpose as a …………., model …………….ie. complete devices and elements, checking and testing apparatus, within the project called: „Development and modernization of didactic infrastructure of natural sciences and pure sciences specializations of Jagiellonian University” project, coo-financed by the European Union in frames of European Regional Development Fund Operational Program Infrastructure and Environment, for the Laboratory of Photochemistry and Spectroscopy (P29), of Faculty of Chemistry, ul. R. Ingardena 3, Krakow. The object of the Public Procurement also includes: delivery service to the recipient and user, installation (assembly), launching and testing of apparatus in the presence of employee




authorized by the Purchaser and the training of scientific staff of the Purchaser in necessary range. A detailed description of the object of the public procurement is at the point 3) of SETCPP and in the bid of the Contractor.

2. The object of the contract will be deliver and install at the Laboratory of Photochemistry and Spectroscopy (P29) of Faculty of Chemistry, Jagiellonian University in Krakow, ul. R. Ingardena 3, Krakow. The contact person responsible for the reception and supervision on behalf of the Purchaser shall be mr/mrs…..., phone no……….., e-mail……., or any other person as indicated by the Purchaser.

3. The Object of this Contract is carried out as part of a project co-financed by the EU This Public Procurement and the prospective Contract shall be carried out as part of a project co-financed by the European Union within the European Regional Development Fund; Operational Program Infrastructure and Environment for the years 2007 – 2013; Project no POIS.13.01.00-00-062/08 „Development and modernization of didactic infrastructure of natural sciences and pure sciences specializations of Jagiellonian University” project, coo-financed by the European Union in frames of European Regional Development Fund Operational Program Infrastructure and Environment. The contract no UDA-POIS.13.01-062/08-00 executed in Warsaw, on 21 September 2010 by and between Information Processing Centre (OPI) and The Jagiellonian Uniwersity.

4. The Purchaser orders and the Contractor undertakes to carry out all indispensable activities for the completion of the Object of the Contract, described in paragraph 1 above.

5. The Contractor states the Devices and Equipment (in particular all the instruments and pieces, which make up the Object of the Contract) are brand new, and the purchase and utilization thereof for what they were intended, as fixed herein, shall neither infringe any law in force nor the rights of any third party, and, in particular, the Devices and Equipment comply with the respective CE standard as regards.

6. In part 1: installation (assembly), launching and testing of apparatus in the presence of employee authorized by the Purchaser shall occur no later than 14 business days, counting from the date of delivery.

7. The necessary training of the Purchasers personnel (at least 2 persons) will take place no later than 14 business days, counting from the date of delivery and installation of the device.

8. An integral part of this Contract shall be the documentation of the Tender Procedure, including in particular the SETCPP along with Annexes and the Contractor’s Bid.

9. The Contractor undertakes to accomplish the Object of the Contract to……… from the day of awarding the Contract, i.e. from the day of signing the Contract, however the Parties allow for the possibility of early completion.

10. Subcontracts for parts of the Object of Public Procurement shall not alter the Contractor’s obligation towards the Purchaser, concerning the same parts of the Contract.




11. The Contractor shall be liable for actions, errors and negligence of subcontractors and their employees to the same extent as for its own actions, errors and negligence.

§ 2

1. The Contractor declares that its expertise, experience, and resources are sufficient to accomplish the Object of the Contract.

2. The Contractor declares that it is insured against civil liability within the scope of the conducted business and is in possession of a valid insurance policy.

§ 3 1. The amount of the Contractor’s remuneration for the Object of the Contract shall be

calculated on the basis of the Contractor’s Bid. 2. The lump sum amount for the Object of the Contract shall be equal to the net

………………… (say: …………………………………………………….. ) plus …% of VAT, which amounts to the gross remuneration of …………………….. (say: …………………………………………………….. ).

3. The Purchaser informs that it shall apply for confirmation that it is an educational institution entitled to 0% VAT.1

4. The Purchaser is a VAT payer and its NIP (Tax Identification Number) is: PL 675-000-22-36.

5. The Contractor is a VAT payer and its NIP (Tax Identification Number) is: ……………. or is not a VAT payer in the territory of the Republic of Poland.

6. In case the Contractor is registered outside of the Republic of Poland, the output VAT shall be paid by the Purchaser to the bank account of the relevant Tax Office 2.

§ 4 1. In the part 1 the Contractor shall receive remuneration based on the invoice (one or

two) once the whole of the Public Procurement is delivered, In the invoice, the Contractor will separate the elements to which The Purchaser will apply for permission to 0% VAT.

2. In the part 2 the Contractor shall receive the remuneration based on the one invoice, once the whole of the Public Procurement is delivered.

3. The payments shall be made in accordance with the Contract and Contractor’s Bid, within 30 days of the delivery of invoices and / or receipt of the Public Procurement and signing the partial and final acceptance protocols.

4. The remuneration that is due to the Contractor shall be paid transferred from the Purchaser’s bank account to the Contractor’s bank account indicated in the invoice.

5. The payment place shall be the Purchaser’s bank.

1 Only for some elements – computer devices 2 this record will be removed in case when the contract will be concluded with the Contractor domiciled in Poland




§ 5 1. The Contractor undertakes to complete the Object of the Contract with no defects. 2. A warranty of no less than ….. months for each of the delivered devices forming the

Object of the Public Procurement counting from the date of its delivery for use – that is from the date of installing, initiating and testing the Object of the Public Procurement. The warranty included a gratuitous (included in the bid price) ongoing maintenance, service and technical inspection resulting from the terms and conditions of the warranty, and repair within the warranty period in the place of use (warranty on-site).

3. The warranty shall be rendered by the producer, authorized service station or authorized persons,

4. The warranty includes the replacement of all parts, work and access the service, or the cost of shipping the device or element designed for the repair,

5. The Contractor shall guarantee the highest quality of the delivered product, in accordance with the technical specification. The liability arising from the quality warranty covers both defects resulting from reasons underlying in the Object of Public Procurement at the moment of its acceptance by the Purchaser, and any other material defects resulting from reasons that the Contractor is liable for, provided that the defects emerge within the period of warranty,

6. The running of the period of warranty shall commence on the day that follows the technical acceptance of the Object of the Contract,

7. A warranty repair shall be completed within a time limit not exceeding 14 days, counting from the date of the receipt of a notification by the service station (by phone, facsimile, or e-mail). Should a need of bringing in specialist spare parts arise, the time limit set forth above shall be no longer than 28 days, it is allowed to sending the device or element that failed to a service designated by the Contractor. In this case the transport costs during the warranty period are covered by the Contractor and the terms are counted from the date of delivery of shipped device or element. The Contractor is obliged to provide the Purchaser with a replacement device for the entire period of repair in the next business day. The class and quality of the replacement device shall be the same as of the device under repair.

8. The warranty shall be automatically extended by a period of repair, 9. In case of a triple failure of the same element, the Contractor shall be obliged to

replace the faulty element with a new one that shall be free of any defects, 10. Should the Contractor fail to abide by the warranty terms and conditions or the

aforementioned provisions, the Purchaser shall be entitled to make good the defects by way of a repair at the Contractor`s risk and expense, while at the same time retaining other rights resulting from the Contract,

11. Warranty cards must be delivered separately for all of the devices. Each item of the contract should be treated separately, and must be delivered as complete device and ready for use as intended.




12. For any reasons attributable to the Contractor fails to remove the defects within the specified period, the Purchaser shall have the right to employ another contractor to make good the defects, and the Contractor shall be obliged to cover the expenses arising therefrom within 14 days of the date of receipt of the proof of payment.

13. Warranty terms can not order The Purchaser to store the packages in which the devices will be delivered.

14. During the acceptance procedure the Contractor shall be obliged to submit the due warranty documents and operation and use manuals.

15. The Purchaser undertakes to meet the basic operational conditions as specified by the producer in the warranty cards supplied by the Contractor.

§ 6 The Parties reserve the right to contractual penalties for failure to comply with the present Contract or inadequate fulfilment of the obligations hereunder.

§ 7 1. The Contractor shall pay the Purchaser the contractual penalty in the following cases:

a) if the Contractor withdraws from the Contract or terminates the Contract owing to circumstances beyond the control of the Purchaser, the penalty shall amount to 10% of the gross value of the unfulfilled part of the Contract,

b) if the Contractor will not execute the contract or will execute it improperly, the penalty shall amount up to 10% of the gross value of the contract,

c) if the Contractor fails to fulfill the Contract in a timely fashion, the penalty shall amount to 0,2% of the gross procurement value for each day of delay, but not exceed 50% of the gross value of the Object of the Contract,

d) if the Contractor fails to remedy the defects of the Object of the Contract in a timely fashion, the penalty shall amount to 0,2% of the total procurement value for each day of delay, counting from the date that follows the agreed deadline for making good the defects, but not exceed 50% of the value of the Object of the Contract,

2. The gross Value of the Contract shall be construed as the gross amount of the Contractor’s remuneration as agreed in § 3 2) of the Contract.

3. The Purchaser reserves the right to deduct possible penalties from the invoice. 4. The Purchaser shall pay a contractual penalty for withdraw from the contract owing to

circumstances beyond the control of the Contractor, the penalty shall amount to 10% of the gross value of the unfulfilled part of the Contract, but does not apply the withdraw from the contract under art. 145 of PPL.

§ 8 1. The Purchaser or the Contractor may withdraw from the Contract with immediate

effect or terminate it with a seven days’ notice, owing to a fundamental breach of the provisions hereof, leading to the loss of substantial benefits that the Parties shall obtain due to this Contract.

2. The Purchaser may withdraw from this Contract in the following circumstances:




a) The initiation of bankruptcy proceedings against the Contractor, b) The initiation of liquidation proceedings against the Contractor, c) The Contractor ceases to carry out the Object of the Contract, that is persistently

fails to fulfill the Contract for 7 days, d) Without any justified reason, the Contractor fails to commence the work on the

Object of the Contract or in case the Purchaser suspends the works, fails to resume them within 7 days from the date on which it received the decision to proceed from the Purchaser,

e) The Contractor fails to execute the Object of the Contract in a correct fashion or delivers faulty elements, and fails to observe the instructions of the Purchaser, concerning the corrections and changes to the method of work within the deadline set by the.

3. In case the Parties withdraw from the Contract or terminate it due to reasons for which one of the Parties shall be held responsible, the Party at fault shall be obliged to pay a contractual penalty amounting to 10% of the gross contractual remuneration, without prejudice to Article 7 paragraph 1 (a) hereof.

4. In case the penalty shall not cover the loss accrued, the Parties may claim additional compensation.

5. The claim for contractual penalties shall become due on the date of the occurrence of the grounds for their calculation as specified herein.

6. In case the Purchaser withdraws from this Contract by fault of the Contractor, the Contractor shall not be entitled to any compensation.

7. If the Contract is terminated, the Contractor shall immediately suspend the work and leave the site on which the work is being performed as soon as practicable.

8. In case of a suspension of the Contract works, the Contractor shall secure the Object, and the Parties shall agree on future conduct.

9. In case of withdrawal from the Contract or termination thereof, the Parties shall retain the right to contractual penalties.

§ 9 1. For the purpose of this Contract, ‘Force Majeure’ means an external event of an

extraordinary character that could not have been foreseen nor prevented. 2. If due to Force Majeure, either Party is unable to perform its contractual obligations in

full or in part, then such a Party shall promptly notify the other Party about this fact. In such an event, the Parties shall agree on the manner and conditions of further fulfillment of the Contract or the Contract may be terminated.

§ 10

1. Any statements of the Parties shall be made in writing under pain of nullity, and duly posted by registered mail or delivered with a return receipt.




2. In case one or more of the provisions set forth in this Contract shall be held invalid, the validity of the entire Contract shall not be affected, and if such an event occurs, the Parties shall replace the invalid provision with a provision fully corresponding with the key objective of this Contract and other provisions hereof.

§ 11

1. The Parties agree that an annex to this Contract may be signed, provided that a necessity report is previously prepared and the lump sum character of the price is kept, in the following cases:

a) a change to the deadline of the Public Procurement, i.e. reduction in case of a unanimous decision of the Parties or extension due to reasons for which the Purchaser may be held responsible, e.g. concerning the lack of preparation / hand-over of the site of works / delivery, as well as due to other reasons beyond the control of the Parties, caused by the so-called ‘force majeure’, including a fire, flood, etc.,

b) an extension of the warranty period, in case of its extension by the producer / Contractor,

c) an improvement of quality or other parameters characteristic for the delivered element, changing the technology to an equivalent or better one, increasing the efficiency of the devices and safety, in case of ceasing the supply or ending the production of the delivered product or its elements,

d) an update of the applied design solutions due to the technological progress or change to applicable regulations,

e) a replacement of key personnel members of the Purchaser or Contractor (persons authorized to represent the Parties in matters connected with the fulfillment of the Contract) in consequence of unpredicted, health, or other reasons,

f) a replacement of a subcontractor in consequence of unpredicted, or other reasons, beneficial for the Purchaser, in case the Contractor declares fulfillment of the Contract with assistance from subcontractors,

§ 12 1. Neither this Contract nor other rights and obligations hereunder shall be assigned or

otherwise transferred by one Party without prior written consent of the other Party. 2. The Contractor shall be obliged to obtain written consent from the Purchaser for the

purpose of assigning its rights and obligations hereunder, also in case the Contractor wishes to change its legal form.

3. To all matters not settled herein the Public Procurement Law and Act of 23 April 1964, Civil Code (Polish Journal of Laws No. 16/64 item 93, as amended) shall apply.

4. Any amendments or supplements to this Contract require written consent of the Parties in the form of an amendment to this Contract under pain of nullity.




5. All disputes resulting from or in connection with this Contract shall be subject exclusively to the Court of Krakow, Poland.

6. This Contract shall be executed in two (2) counterparts, one (1) for each Party thereto.

The Purchaser The Contractor

............................................ ........................................

In ……………………………, on ……………………………………………….. 2011

I hereby approve the Contract Template.

........................................................................ (stamp and signature of a person authorised to make declarations

of intent on behalf and in the name of the Contractor)




17) Information on legal remedies to which the Contractor shall be entitled during the Contract Award Procedure.

1. Contractors, tender participants, and other entities shall be entitled to legal remedies if they have, or had, a legal interest in winning the procurement or if they suffered, or are likely to suffer, losses in the event of a breach of the Act by the Purchaser.

2. Organizations registered by the Public Procurement Officer shall also be entitled to legal remedies with regard to public procurement notice and the specification of essential terms and conditions of the public procurement.

3. The right of appeal is available solely in the event of a breach of the Act by the Purchaser during the Contract award procedure or if the Purchaser neglects to perform an action to which it is legally obliged pursuant to the Act.

4. The appeal shall specify which action of the Purchaser is in breach with the Act or has been neglected, and shall include a concise presentation of charges, specify the demand raised, and present the factual and legal circumstances which justify the appeal.

5. The appeal shall be submitted to the Chief Officer of the National Chamber of Appeal (ul. Postępu 17a, 02-676 Warszawa) in written or electronic form, affixed, in the latter case, with the secure electronic signature verifiable by means of a valid qualified certificate.

6. The appeal registration fee shall be paid no later than on the date of the deadline for appeals, and a relevant receipt shall be enclosed with the appeal. The Appellant shall deliver a copy of the appeal to the Purchaser in such a manner as to enable it to examine its contents before the deadline for appeals. It shall be assumed that the Purchaser is able to examine the appeal before the deadline if the copy is submitted before the deadline for appeals through one of the means defined in Article 27 paragraph 2 of the Act, i.e. by fax or e-mail.

7. An appeal shall be submitted to the Chief Officer of the National Chamber of Appeals within the time limits specified in art. 182 of PPL: 1. 1) within 10 days of the date on which the notification of the Purchaser’s action

constituting the basis for the appeal is dispatched, should the notification be sent by means specified in Article 27 paragraph 2 of the PPL, i.e. by fax or e-mail, or within 15 days, should the notification be sent otherwise – in case the procurement value equals or exceeds the amounts specified in provisions issued on the basis of Article 11 paragraph 8 of the PPL, the so-called ‘EU thresholds’; 2) within 5 days of the date on which the notification of the Purchaser’s action constituting the basis for the appeal is dispatched, should the notification be sent by means specified in Article 27 paragraph 2 of the PPL, i.e. by fax or e-mail, or within 10 days should the notification be sent otherwise – in case the procurement value is lower than the amounts specified in provisions issued on the basis of Article 11 paragraph 8 of the PPL, the so-called ‘EU thresholds’.




2. An appeal concerning the public procurement notice, and in case the proceeding is an open tender, also concerning the specification of essential terms and conditions of the public procurement, shall be submitted: 1) within 10 days of the publication of the notice in the Official Journal of the European Union or publication of the SETCPP on the website – in case the procurement value equals or exceeds the amounts specified in provisions issued on the basis of Article 11 paragraph 8 of the PPL, the so-called ‘EU thresholds’; 2) within 5 days of the publication of the notice in the Public Procurement Bulletin or publication of the SETCPP on the website – in case the procurement value is lower than the amounts specified in provisions issued on the basis of Article 11 paragraph 8 of the PPL, the so-called ‘EU thresholds’.

3. Any appeal concerning other acts than the ones specified in paragraphs 1 and 2 hereof shall be submitted: 1) in case the procurement value equals or exceeds the amounts specified in provisions issued on the basis of Article 11 paragraph 8 of the PPL, the so-called ‘EU thresholds’ – within 10 days of the date on which the information on the circumstances constituting the grounds for the appeal is revealed or might be revealed with due diligence; 2) in case the procurement value is lower than the amounts specified in provisions issued on the basis of Article 11 paragraph 8 of the PPL, the so-called ‘EU thresholds’ – within 5 days of the date on which the information on the circumstances constituting the grounds for the appeal is revealed or might be revealed with due diligence.

8. The Purchaser shall deliver a copy of the appeal to other participating Contractors immediately, no later than 2 days of the receipt of the appeal, and if the appeal concerns the public procurement notice or the specification of essential conditions of the public procurement, the copy shall also be published on the website where the public procurement notice or the specification is available, with a call upon Contractors to enter into the appeal procedure.

9. The Contractor may register its entry into the appeal procedure within 3 days of the receipt of the appeal copy, identifying the party it accedes to and the legal interest it has in a ruling in its favor. The Chief Officer of the National Chamber of Appeal shall be notified of the entry in written or electronic form, affixed, in the latter case, with the secure electronic signature verifiable by means of a valid qualified certificate. A copy shall be delivered to the Purchaser and the Appellant. Contractors who have entered into the appeal procedure shall become appeal procedure participants, if they have a legal interest in a ruling in favor of one of the Parties.

10. The Appellant and the Contractor summoned in accordance with paragraph 17 shall subsequently not be entitled to legal remedies with regard to the actions performed by the purchaser in accordance with the judgment of the Chamber or the court or pursuant to Article 186 paragraphs 2 and 3 of the PPL.




11. The appeal procedure is subject to the provisions of the Act of 17 November 1964 on arbitration court, Civil Proceedings Code (Polish Journal of Laws No. 43 item 296, as amended), unless otherwise provided by the Public Procurement Law.

12. The Parties and Participants of the appeal procedure shall be entitled to a court complaint against the judgment of the Chamber. To the complaint procedure the provisions of the Act of 17 November 1964 on arbitration, Civil Proceedings Code, shall apply, unless otherwise provided by this Article.

13. The complaint shall be submitted to the district court having jurisdiction over the registered office or place of residence of the Purchaser through the agency of the Chief Officer of the National Chamber of Appeals within 7 days of the receipt of the judgment, with a copy of the complaint delivered to the opponent of the complaint at the same time. The deposition of complaint in a public post office is equivalent to its submission. The complaint is subject to a registration fee.

14. The complaint shall conform to the regulations prescribed for pleadings and shall identify the judgment protested, summarize and briefly justify the charges, present evidence, and plead for the repeal or partial or complete modification of the judgment. The complaint procedure shall not be subject to the extension of the repeal plea or any additional pleas.

15. The Purchaser informs that the detailed regulations for legal remedies shall be provided by section 6 of the Act, i.e. Articles 179–198 (g) of the Public Procurement Law.

16. Notification: The Contractor or the participant of design contest may, within the time limit for lodging an appeal, inform the awarding entity of the action taken by the awarding entity incompliant with the Act or against failure to act which the awarding entity is bound to perform under this Act against the provisions of the Act or failure to act which the awarding entity was obligated to take under the Act, both subject of appeal under Article 180 paragraph 2.

17. If the provided information is found admissible, the Purchaser shall repeat the action or take the omitted action, notifying this to the economic operators in the manner provided for that action in the Act.

18. Against the actions, referred to in paragraph 2, the appeal shall not be lodged, subject to Article 180 paragraph 2.

19. Objection: The Purchaser or the appellant may file an objection against the accession of another economic operator not later than by the time when the hearing is opened. The Chamber sustains the objection if the objecting party lends credence that the economic operator has no interest in obtaining the adjudication in favour of the party it accessed; otherwise, the Chamber shall dismiss the objection. The decision on sustaining or dismissing the objection may be issued by the Chamber at closed hearing. The decision on sustaining or dismissing the objection shall not be subject of complaint.




20. The Purchaser informs that the detailed regulations for legal remedies shall be provided by section 6 of the Act, i.e. Articles 179–198 (g) of the Public Procurement Law.

18) Description of a part of the Public Procurement, if the Purchaser allows for submitting partial bids.

1. The Purchaser allows for submitting partial bids in respect to entire/part/couple parts of the Public Procurement.

19) The Purchaser shall not allow the execution of any framework contract. 20) The Purchaser shall not allow any supplementary contracts referred to in Article

67 item 1 (6, 7) or Article 134 item 6 (3) of the PPL. 21) Description of the method of presenting alternative bids and of the minimum

conditions that shall be met by such alternative bids, provided that the Purchaser allows for alternative bids to be submitted. The Purchaser shall not allow for submitting any alternative bids.

22) E-mail address or the address of the Purchaser’s website due to the fact that the terms and conditions of this Tender Procedure allow for contact via electronic mail.

1. [email protected] [email protected] 2. www.uj.edu.pl http://przetargi.adm.uj.edu.pl/oglosz.php 23) Information on foreign currencies allowed for clearing financial obligations

between the Purchaser and the Contractor. Any financial obligations between the Contractor and the Purchaser shall be settled in Polish zloty (PLN).

24) The Purchaser shall not provide for any electronic auction or dynamic purchasing system.

25) The Purchaser shall not provide for any refund of the costs related to the participation in the Procedure.

26) In accordance with the SETCPP, the Purchaser demands that in the Bid the Contractor expressly identifies which part of the Object of Public Procurement shall be performed by subcontractors.








BID FORM _______________________________________________________________________ The Purchaser: Uniwersytet Jagielloński

ul. Gołębia 24, 31 – 007 Krakow; Unit assigned to this Tender Procedure:

Biuro Zamówień Publicznych UJ (Public Procurement Office) ul. Straszewskiego 25/9, 31 – 113 Krakow

_______________________________________________________________________ Name (company) of the Contractor: …………………………………………………………………………………..........., Registered office address: ……………………………………………………………………………………........, Mailing address: ……………………………………………………………………………………........., Tel.: ......................................................; Fax: .................................................................; E-mail: ..............................................................; NIP3): .................................................; REGON4): .................................................;

With reference to the announced Open Tender for the selection of a contractor for the purchase and delivery of checking and testing apparatus i.e. new, complete devices and elements of checking and testing apparatus, within the project called „Development and modernization of didactic infrastructure of natural sciences and pure sciences specializations of Jagiellonian University” project, coo-financed by the European Union in frames of European Regional Development Fund Operational Program Infrastructure and Environment, for the Laboratory of Photochemistry and Spectroscopy (P29) of Faculty of Chemistry, Jagiellonian University in Krakow, ul. R. Ingardena 3, Krakow, file no CRZP/UJ/302 /2011, we hereby submit the following Bid:

1) We, the undersigned, offer to perform part 1 of the Object of the Contract for the total

net amount of ………………(PLN)* plus due Value Added Tax of …………* %,

3) NIP – Tax Identification Number 4) REGON No.: Polish National Business Registry Number




which yields the gross amount of …………………(PLN)*

(say:......................................................................................................................*),

2) We, the undersigned, offer to perform part 2 of the Object of the Contract for the total

net amount of ………………(PLN)* plus due Value Added Tax of …………* %,

which yields the gross amount of …………………(PLN)*

(say:......................................................................................................................*),

3) We request that the money transferred as a Bid Bond be returned to the following

account* ...................................................................................................................... (the

above shall concern the Contractors that lodge the Bid Bond by a bank transfer)*

4) We declare that we offer the Object of Public Procurement that complies with the terms and conditions specified in the Public Procurement Law and set forth by the Purchaser in the Specification of Essential Terms and Conditions of the Public Procurement, and as proof thereof, we submit comprehensive technical and / or functional specifications or producer’s catalogues allowing for the assessment of compliance of the offered elements and devices and their specifications with the requirements contained in the SETCPP;

5) We declare that the offered apparatus is brand new, its purchase and usage doesn’t affect the law, including the third parties law;

6) We offer the deadline for the completion of the Public Procurement, according to the content of Article 4 of the SETCPP and the Contract Template;

7) We declare that we offer warranty services that fulfill conditions and requirements resulting from the Specification of Essential Terms and Conditions of the Public Procurement, in particular as to their period, scope and a form in which they shall be carried out;

8) We offer the payment deadline of up to 30 days, counting from the date of delivery of the invoice, respectively for requirements determined in the SETCPP and Contract Template;

9) Pursuant to Article 44 of the PPL, we declare that we meet all terms and conditions of this Tender Procedure specified in the SETCPP and are aware of the content of the Specification of Essential Terms and Conditions of the Public Procurement, and consider ourselves bound by the terms and conditions thereof, as well as by the rules of conduct and the essential terms of the contract contained therein (Contract Template) and we accept it without reservation;

10) We declare that we consider ourselves bound by this Bid for the period indicated in the Specification of Essential Terms and Conditions of the Public Procurement, that is for 60 days from the date of the opening of the Bid;




11) We declare that person authorized to represent the Contractor during the realization phase of Public Procurement will be…………………………………………….* (can be filled optionally),

12) The Bid consists of ………………* numbered sheets, 13) This Bid Form is accompanied by the following Annexes:

Annex 1– Letter of Declaration of the Contractor, Annex 2 – Calculation of the Bid Price, along with technical description of the

object of Public Procurement, Annex 3– List of Subcontractors (if any) others ................................................................. .*

Attention! A space dotted out and / or marked with a ‘*’ sign in the draft Bid Form and drafts of its Annexes shall be either filled out or crossed off by the Contractor in accordance with their content.. In ……………………………, on ……………………………………………… 2011






Annex No. 1 to the Bid Form (Company Stamp of the Contractor)

LETTER OF DECLARATION While submitting this Bid in the open Tender Procedure for selecting a Contractor for the purchase and delivery of checking and testing apparatus i.e. new, complete devices and elements of checking and testing apparatus, within the project called „Development and modernization of didactic infrastructure of natural sciences and pure sciences specializations of Jagiellonian University” project, coo-financed by the European Union in frames of European Regional Development Fund Operational Program Infrastructure and Environment, for the Laboratory of Photochemistry and Spectroscopy (P29), of Faculty of Chemistry of the Jagiellonian University, ul. R. Ingardena 3, Krakow, File no CRZP/UJ/302/2011, we declare pursuant to the regulations under the Act of 29 January 2004 ‘Public Procurement Law’, (consolidated text: Polish Journal of Laws of 2010 No. 113 item 759, as amended): I. of fulfilment the conditions for participating in the Tender Procedure laid down under article 22 paragraph 1 of the Public Procurement Law: in compliance with the provisions laid down under article 22 paragraph 1 of the Public Procurement Law we declare that we have satisfied the following requirements, concerning:

1. the legal powers to perform specific business or actions, if required by the law; 2. the relevant expertise and experience; 3. the technological capacity and persons capable of performing the procurement tasks; 4. the economic and financial capacity;

In ……………………………, on ……………………………………………… 2011 ........................................................................

(stamp and signature of a person authorised to make declarations of intent on behalf and in the name of the Contractor) II. that there are none situations of exclusion due to circumstances specified in Article 24 paragraph 1 of the Act of 29 January 2004 Public Procurement: We declare that we are in none of the situations of exclusion due to circumstances specified in Article 24 paragraph 1 of the Act of 29 January 2004 Public Procurement Law (consolidated text: Polish Journal of Laws of 2010 No. 113 item 759, as amended).

In ……………………………, on ……………………………………………… 2011 ........................................................................

(stamp and signature of a person authorised to make declarations of intent on behalf and in the name of the Contractor)




Annex No. 2 to the Bid Form (Company Stamp of the Contractor)

Annex No. 2 contains detailed description of the object of Public Procurement, detailed technical and / or functional specifications or producer’s catalogues allowing for the assessment of compliance of the offered elements and devices and their specifications with the requirements contained in the SETCPP along with the Lump Sum Price of the Bid; individual calculation.

In .................................................., on ................................................... 2011

........................................................................

(stamp and signature of a person authorised to make declarations of intent on behalf and in the name of the Contractor)

Annex No. 3 to the Bid Form

(Company Stamp of the Contractor)

This Annex contains the Material Scope of elements under the Contract (actions, services and / or deliveries) that shall be performed by the Contractor’s subcontractor (or subcontractors), and an optional (non-obligatory) list of their names (companies), addresses, and telephone numbers. This Annex is mandatory only in the event that the Contractor announces the employment of subcontractors.

In .................................................., on .................................................. 2011

