<Tender procedure title>

Tender procedure No.: <Tender procedure reference number>

The project is co-financed by the <EU Structural Fund or other Fund> and by national resources

<Place>, <Μonth> 20…

Table of Contents

1. INTRODUCTION...................................................................................................................3

1.1 Type of Tender Procedure..............................................................................................3

1.2 Expenditure Budget.........................................................................................................4

1.3 Project Manager and contact Persons of the Contracting Authority...............................4

1.4 Submission of Clarifications by Interested Economic Operators.....................................4

2. DESCRIPTION OF CONTRACT SCOPE..............................................................................4

2.1 Scope..............................................................................................................................4

2.2 Place of delivery..............................................................................................................5

2.3 Date of commencement and period of implementation...................................................5

2.4 Time of delivery...............................................................................................................6

3. PREPARATION OF TENDERS.............................................................................................6

3.1 Language of Tender........................................................................................................6

3.2 Currency of Tender.........................................................................................................6

3.3 Contents of Tender..........................................................................................................6

4. FORMAT AND SUBMISSION OF TENDERS.......................................................................7

4.1 Format of the Tender.......................................................................................................7

4.2 Time and Place of submission........................................................................................7

5. VALIDITY OF TENDERS.......................................................................................................7

6. CONDUCT OF THE TENDER PROCEDURE.......................................................................8

6.1 Opening of Tenders.........................................................................................................8

6.2 Evaluation of Tenders.....................................................................................................8

7. CONCLUSION OF THE TENDER PROCEDURE.................................................................8

7.1 Award of the Contract......................................................................................................8

7.2 Cancellation of the Tender Procedure.............................................................................8

7.3 Drawing up and signature of the Agreement...................................................................9

7.4 Payment Method.............................................................................................................9

APPENDIX 1: AGREEMENT.................................................................................................11

ARTICLE 1: STRUCTURE OF THE CONTRACT.......................................................................11

ARTICLE 2: SCOPE....................................................................................................................11

ARTICLE 4: AUTHORISED REPRESENTATIVES – NOTIFICATIONS.....................................12

ARTICLE 5: ASSIGNMENT.........................................................................................................12

ARTICLE 6: SUBCONTRACTING...............................................................................................12

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ARTICLE 7: SPECIFIC OBLIGATIONS OF THE CONTRACTING AUTHORITY.......................13

ARTICLE 8: SPECIFIC OBLIGATIONS OF THE CONTRACTOR – CONFIDENTIALITY..........13

ARTICLE 9: CONTRACT VALUE................................................................................................14

ARTICLE 10: DELIVERY AND ACCEPTANCE OF DELIVERABLES.........................................14

ARTICLE 11: PAYMENT METHOD.............................................................................................16

ARTICLE 12: PENALTIES FOR DELAY.....................................................................................17

ARTICLE 13: TAX AND CUSTOMS ARRANGEMENTS.............................................................18

ARTICLE 14: GUARANTEES......................................................................................................18

ARTICLE 15: TERMINATION OF CONTRACT – SETTLEMENT OF DISPUTES......................19

ARTICLE 16: GOVERNING LAW................................................................................................20

ARTICLE 17: AMENDMENTS.....................................................................................................20

FORM 1 - TENDER SUBMISSION FORM..................................................................................23

FORM 2 - TENDERER’S TECHNICAL RESPONSE AND COMPLIANCE TABLE.....................25

1. Requested product (1): _________________________________.................................25

2. Requested product (2): _________________________________.................................26

3. Requested service (1): _________________________________..................................26

FORM 3 - CONTRACTOR’S BANK ACCOUNT NOTIFICATION FORM....................................29

FORM 4 - PERFORMANCE GUARANTEE TEMPLATE.............................................................30

FORM 5 - ADVANCE PAYMENT GUARANTEE TEMPLATE.....................................................32

FORM 6 - GOOD OPERATION GUARANTEE TEMPLATE.......................................................34

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INVITATION TO TENDER USING THE NEGOTIATED PROCEDURE

<Tender procedure Number and Title>

PART A

1. INTRODUCTION

1.1 Type of Tender Procedure

The University of Cyprus (“Contracting Authority”) is conducting a negotiated tender procedure pursuant to Article 29(…)(…) of the Coordination of Procedures for the Award of Public Contracts and for Related Matters Law of 2016 (Law 73(I)/2016).

1.2 Expenditure Budget

The Contract is financed by national resources/co-financed by the <EU Structural Fund or other Fund> and by national resources.

At the time of the announcement of the tender procedure, the budget of the University of Cyprus for the year 20… had not yet been approved by the House of Representatives.

The University of Cyprus reserves the right to cancel the tender procedure in the event that, after the approval of the Budget by the House of Representatives, the necessary funds will not have been secured.

1.3 Project Manager and contact Persons of the Contracting AuthorityThe Project Manager on behalf of the Contracting Authority is …....................................................................................................................................... who shall be responsible for monitoring and handling the Contract within the framework of its provisions.

The contact persons of the Contacting Authority regarding this tender procedure are the following:

………………………………………….., (telephone number: +357 2289 ………), ………………………………………….., (telephone number: +357 2289 ………), ………………………………………….., (telephone number: +357 2289 ………).

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1.4 Submission of Clarifications by Interested Economic Operators

Regarding any questions which may arise in connection with the present tender procedure, may be addressed by interested parties to the University of Cyprus at the electronic mail address procurement@ucy.ac.cy or by facsimile to facsimile number +357 22895089, making reference to the Tender procedure number and title.

2. DESCRIPTION OF CONTRACT SCOPE

2.1 Scope

1. The Contract Scope is <description of the products under supply>. The technical specifications of the products under supply are given in the Tenderer’s Technical Response and Compliance Table (Form 2), contained in the Appendix to the present Invitation.

NOTE

In item 1 of paragraph 2.1 concerning the Contract Scope, the Contracting Authority provides a description, as detailed as possible, of the products forming the scope of the supply contract. In particular, the technical specifications of the products under supply are presented, i.e. the technical requirements which determine the necessary functional and technical characteristics –such as quality, performance and safety levels, dimensions, material, packaging, labelling– of the product under supply, so that this product is specified in an objective manner.

If, for the acceptance of the products, the Contracting Authority deems advisable to conduct, in addition to the macroscopic check, additional tests and trials, these should be mentioned in detail so that the Tenderers are aware of them.

Furthermore, a clear description should also be given in this section of any additional requirements of the Contract in terms of any other necessary support activities (placement and installation, maintenance, user training) and of any other deliverables requested (drawings, maintenance and/or user manuals, user licences etc.).

Where the Contracting Authority requires the provision of product maintenance, repair or rectification services for a specific warranty period, this section should also specify the duration of the warranty period, the specific activities which the Contractor shall be obliged to perform during this period, and the consequences/penalties to be imposed to the Contractor in the event that he fails to respond. In such cases, a provision should also be included to the effect that the cost of product maintenance, repair or rectification during the warranty period is included in the price offered by the Tenderer.

The Contracting Authority should complete with the appropriate information Form 2 of the Appendix to the Tender Documents, which includes in a tabulated format all Contract requirements (in terms of products and activities, if required) and the specifications or requested characteristics of these products (or also of the activities).

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2. The products under supply should originate from EU Member States, otherwise, if originating from non-EU countries, it shall be sufficient for the products to be available in the market of one EU Member State and/or for their import and distribution in the EU Member States to be allowed without restrictions.

2.2 Place of delivery

The place of delivery of the products under supply is <exact location where the products shall be delivered>.

2.3 Date of commencement and period of implementationThe date of commencement of the performance of the Contract Scope shall be the date of the signature of the contract and the implementation duration shall be <duration of the Contract in days/weeks/months>.

2.4 Time of deliveryDelivery of the products to the place stated above shall take place on <date and time (if required) of delivery>.

NOTE

In this item, a detailed schedule of the individual deliveries of the products included in the Contract Scope (in the case of a supply of more than one product with different delivery times for each product), or a detailed schedule of the individual/partial deliveries of the product (in the case of a single product), as the case may be, could be given.

Where the Contract Scope, in addition to the supply, also includes placement, installation, user training or maintenance activities, the schedule of these activities should also be clearly specified.

Furthermore, any time-related requirements regarding the delivery of any other requested deliverables should also be mentioned.

3. PREPARATION OF TENDERS

3.1 Language of Tender

The Tender must be drawn up in the Greek or English language. The language of the Contract shall be English. All written communication between the Tenderer/Contractor and the Contracting Authority shall be in English.

3.2 Currency of Tender

The offered prices shall be denominated in Euros.

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3.3 Contents of Tender

The tender shall comprise the following suitably completed by the Tenderer:

(a) The Tender Submission Form, drawn up in the format of the relevant Template (Form 1), and signed by the Tenderer or its Legal Representative.

(b) The Technical Offer, which shall contain the following: Detailed presentation of the products offered and of their technical

characteristics, through the completion of the Tenderer’s Technical Response and Compliance Table, in the format of the relevant Template (Form 2 in Appendix 2).

Manufacturers’ product lists and technical brochures, which shall contain all offered products

4. FORMAT AND SUBMISSION OF TENDERS

4.1 Format of the TenderThe Tender must be submitted by email. The title of the email must contain the following:

The word “TENDER”. The number and title of the tender procedure.

Tenders must not bear any irregular corrections (erasures, deletions, additions etc.). If there are corrections, additions etc., these should be initialled by the Tenderer or its Legal Representative.

4.2 Time and Place of submission

Tenders must be submitted by <date> and time <xx:xx> at the latest.

Tenders should be submitted directly at the electronic mail address procurement@ucy.ac.cy , to be received, at the Tenderer’s responsibility, by the Contracting Authority on or before the closing date for the submission of Tenders.

5. VALIDITY OF TENDERS

Submitted tenders shall be valid and binding on the Tenderers for <number of months in words (number of months in numbers) – indicatively: three (3) months>, calculated from the day following the day on which the deadline for the submission of Tenders expires.

6. CONDUCT OF THE TENDER PROCEDURE6.1 Opening of Tenders

1. Opening of the Tenders submitted, or sent and received, within the specified time limit, shall be carried out by authorised persons.

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2. Upon commencement of the procedure, the email is opened and printed and the Tenders are entered in a special form.

6.2 Evaluation of Tenders1. The Competent Body for Evaluation shall proceed to verify that the Tender is

generally in order and to determine whether it meets the requirements of the Contract Scope, as described in Paragraph 2 and Form 1 and 2 – Appendix 2 and that the offered products/services are reasonably priced.

2. The Competent Body for Evaluation has the right to enter into negotiations with the Tenderer, so as his Tender will be revised/improved.

For the purpose of these negotiations, all communication between the Tenderer and the Contracting Authority will be done by telephone and/or through the exchange of letters and/or emails and/or otherwise.

3. If the Technical and/or Financial Offer of the Tenderer, as they may have been revised through the process of negotiations, are not considered satisfactory by the Contracting Authority, then the submitted Tender will be rejected.

7. CONCLUSION OF THE TENDER PROCEDURE

7.1 Award of the Contract

Subject to the right of the Contracting Authority to cancel the tender procedure and/or reject the tender at any stage of the procedure, the Contract shall be awarded to the Tenderer provided that the submitted tender, as it may have been revised during the negotiation process, is found to be in compliance with the terms and conditions of the present tender procedure, and the offered prices are found to be reasonable.

The decision to award the contract will be communicated in writing to the successful tenderer through a Letter of Award. The successful tenderer shall indicate its acceptance of the award of the contract by counter-signing the Letter of Award and returning it to the Contracting Authority.

The cost of the relevant stamp duties shall be fully borne by the Contractor.

7.2 Cancellation of the Tender Procedure

If the procedure for award of the Contract is cancelled for any reason, the Contracting Authority shall inform in writing the Tenderer of the reason of such decision.

The Tenderer does not maintain and waive any claim against the Contracting Authority on account of such cancellation.

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7.3 Drawing up and signature of the Agreement

The Tenderer who has been awarded the Contract is obliged to sign the relevant Agreement, attached as Appendix 1 to this Invitation, within the deadline set in the Letter of Award, also producing the following items:

a. The authorisation documents for the person who shall sign the Agreement,

b. The Performance Guarantee for the Contract (Form 4), whose amount must cover 10% of the Contract price.

7.4 Payment Method

Payments shall be made in the Currency of the tender stated in Paragraph 3.2 ,into the bank account notified by the Contractor to the Contracting Authority (Form 3 – Appendix 2), against an invoice, after the signature of the Agreement.

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APPENDIXES

APPENDIX 1: AGREEMENT

APPENDIX 2:

FORM 1:FORM 2:

TENDER SUBMISSION FORMTENDERER’S TECHNICAL RESPONSE AND COMPLIANCE TABLE

FORM 3:FORM 4:FORM 5: FORM 6:

CONTRACTOR’S BANK ACCOUNT NOTIFICATION FORMPERFORMANCE GUARANTEE TEMPALTEADVANCE PAYMENT GUARANTEE TEMPLATEGOOD OPERATION GUARANTEE TEMPLATE

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APPENDIX 1: AGREEMENT

The University of Cyprus, having its headquarters in Anastasios Leventis Building, University of Cyprus Campus, University Avenue 1, Aglantzia 2109, Nicosia, Cyprus (hereinafter “Contracting Authority”)

of the one part,

and

<Business Name or Name and Surname of Contractor>, having its registered office in <postal address>, <name of town/city> (hereinafter “Contractor”), legally represented by <name and surname, capacity>

of the other part,

following a tender procedure no. <reference number of tender procedure> for the award of the Contract for <contract title> which was awarded pursuant to award decision no. <award decision number>,

have agreed as follows.

ARTICLE 1: STRUCTURE OF THE CONTRACT1. It is explicitly agreed that the Contract consists of the following documents, which form

integral parts of it:

a.The present Agreement.

b.The Tender Documents.

c.The Contractor’s Offer as submitted on <date of submission of offer> and any correspondence relating thereto between the Contracting Authority and the Contractor.

In the case of differences between the above parts, their provisions shall be applied according to the above order of precedence.

ARTICLE 2: SCOPE1. The scope of the present Contract is <title of tender procedure>.

2. The Contract Scope to be performed by the Contractor is the one described in the Contractor’s Offer of ../../.. <date of submission of Contractor’s offer> as it may have been revised through the negotiation process and in article 2 of Part A of the Invitation by the Contracting Authority (Invitation No. ………… <number of Invitation>) of ../../..

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<date of dispatch of Invitation to candidate tenderers by the Contracting Authority>.

ARTICLE 3: DATE OF COMMENCEMENT AND PERIOD OF IMPLEMENTATION

1. The present agreement comes into force, at the date of its signature.2. The date of commencement and period of implementation of the Contract Scope are

those specified in Article 2.3 of Part A of the Invitation by the Contracting Authority.

ARTICLE 4: AUTHORISED REPRESENTATIVES – NOTIFICATIONS1. The Contractor appoints as Manager Mr/Mrs <full name>, who has overall responsibility

for the implementation of the Contract Scope and the management of the Project Team.

2. For the purposes of decision-making and of issuing orders to the Contractor, and for managing the Contract in general, the Contracting Authority appoints as Project Manager, the person whose name is stated in Paragraph 1.3 of Part A of the Invitation.

3. Any notice, consent, approval, certificate or decision by any person required under the Contract shall be in writing, unless otherwise specified in the Contract.

4. Any verbal instructions or orders shall take effect as of their transmission and shall be subsequently confirmed in writing.

ARTICLE 5: ASSIGNMENT

1. An assignment is any agreement whereby the Contractor transfers the Contract or part thereof to a third party.

2. The Contractor can not assign the present Contract or any part thereof, or any of the Contractor’s rights or obligations or interests thereunder, without the prior written consent of the Contracting Authority.

3. Approval of an assignment by the Contracting Authority shall not relieve the Contractor of its obligations for the part of the Contract already executed or for the part not assigned.

ARTICLE 6: SUBCONTRACTING1. To implement the Contract Scope, the Contractor is limited to using the subcontractors

identified in its Offer for the corresponding part of the Contract Scope as stated in the Contractor’s Offer for each such subcontractor.

2. The Contractor may exceptionally, after the Contract has been signed, enter into a new subcontract or replace a subcontractor identified in its Offer, or undertake itself the part of the Contract Scope which it had stated in its Offer that would be implemented by a subcontractor, after obtaining the prior written authorisation of the Contracting Authority.

3. In connection with the requirement for authorisation by the Contracting Authority under paragraph 2, the Contractor must notify the Contracting Authority of the parts of the

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Contract Scope which it intends to assign to the subcontractor, giving details of its identity, and also submit written documentation demonstrating that the subcontractor is capable of responding to the obligations which it shall assume.

4. The Contracting Authority shall, within thirty (30) days of receipt of the relevant application, notify the Contractor of its decision, giving full justification in case such authorisation is denied.

5. It is understood that approval of such application by the Contracting Authority shall not relieve the Contractor of any of its obligations under the Contract.

6. Any change of subcontractor without the prior written consent of the Contracting Authority shall be considered to be a breach of contract.

7. It is understood that the part of the Contract Scope assigned to a subcontractor by the Contractor can not be assigned to third parties by the subcontractor.

8. Subcontractors do not enter into any contractual relation with the Contracting Authority.

9. The Contractor shall be responsible for the acts, defaults and negligence of its subcontractors and their agents or employees, as if they were the acts, defaults or negligence of its own, its agents or employees.

10. If a subcontractor is found by the Contracting Authority or by the Project Manager to be incompetent in discharging its duties, the Contracting Authority or the Project Manager may request the Contractor forthwith, either to provide a new subcontractor with qualifications and experience acceptable to the Contracting Authority as a replacement, or to undertake itself the performance of the specific part of the Contract Scope.

ARTICLE 7: SPECIFIC OBLIGATIONS OF THE CONTRACTING AUTHORITY1. The Contracting Authority shall provide to the Contractor as soon as possible any

information and/or documentation at its disposal which may be relevant to, and required for, the execution of the Contract. If this information is contained in documents, such documents shall be returned to the Contracting Authority at the end of the period of execution of the Contract.

2. The Contracting Authority shall co-operate with the Contractor for providing information which the latter may reasonably request in order to execute the Contract.

ARTICLE 8: SPECIFIC OBLIGATIONS OF THE CONTRACTOR – CONFIDENTIALITY 1. The Contractor shall treat all documents, drawings and information received in connection

with the Contract as private and confidential and shall not, save insofar as may be necessary for the purposes of the implementation thereof, publish or disclose any particulars of the contract without the prior consent in writing of the Contracting Authority or the Project Manager appointed by the Contracting Authority.

2. The Contractor warrants to the Contracting Authority that the Contract Scope shall be performed in accordance with the terms and conditions of the Contract, and that the

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products to be delivered shall comply with the technical rules and the internationally recognised standards applicable to the manufacture of such products, shall have all the properties and features provided for in the present Contract, shall have no defects arising from poor workmanship or flaws arising from design or manufacture, and shall meet the specifications, results and properties as these are specified in the Tender Documents.

3. The Contractor warrants that the products to be delivered shall be authentic, new, unused, announced and in production. The Contractor is obliged to deliver Products that have been manufactured with the consent of the right holder of intellectual property rights and do not infringe any prohibitions or restrictions which are provided by the Community and National legislative framework.

4. If, according to the provisions of Article 2 of Part A hereof, the Contract Scope includes the provision of product maintenance, repair or rectification services for a specific warranty period, the Contractor shall be obliged to make good, at its own expense, following a request from the Contracting Authority, any error or lack of properties in the products that it delivers under the Contract, in accordance with the Regulation governing the Contracting Authority.

ARTICLE 9: CONTRACT VALUE1. The Contract Value amounts to <amount in words (amount in numbers)> Euro, exclusive

of VAT.

2. The Contract Value, which the Contractor deems legitimate, reasonable and adequate consideration for the performance of the Contract Scope, is inclusive of all types of costs which the Contractor shall or may require in order to meet its obligations, and of the Contractor’s expenses and profit, including any fees of third parties, without any further charge whatsoever to the Contracting Authority.

ARTICLE 10: DELIVERY AND ACCEPTANCE OF DELIVERABLES1. Delivery of the products under the Contract shall be made to such locations and at such

time as specified in the Article 2 of Part A of the present Invitation.

2. The Contractor shall be obliged to notify the Project Manager, as representative of the Contracting Authority, of the exact date on which it intends to deliver the product or products, as the case may be, at least five (5) working days in advance.

3. All products due for delivery must be suitably packaged, their labelling must meet the requirements of the statutes regarding the importation and/or distribution of products in the Cypriot market, and must be accompanied by the original invoice in duplicate, on which the Tender number and the Order type and serial number shall be shown, as well as by Consignment Notes establishing that the manufacturing phases have taken place in the country of manufacture stated in the Contractor’s Tender.

4. The contractual delivery time may, in the manner provided for in the Regulations, be extended, after mandatory submission of a relevant request by the Contractor prior to the

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expiry of the contractual time. An extension shall be granted in cases of very serious reasons giving rise to objective inability of the deliveries of the products under the Contract taking place within the prescribed time, or in the event that reasons constituting force majeure occur. In such cases of extension of the contractual delivery time, no penalties shall be imposed.

5. The Contractor may be declared in default by the Contracting Authority if the contractual implementation time is expiring and a request for its extension has not been submitted in a timely manner, or if the time extended as above has expired and the Contractor has not delivered the product(s).

6. Acceptance of the products takes place by a Competent Body, in the manner and procedure provided for by the Regulations in force.

7. In case where the authentication of Products is disputed, the procedure of Acceptance of Products shall be suspended until the whole mater is investigated. If it is established that the Products have not been manufactured with the consent of the right holder of intellectual property rights, then the Acceptance Committee will reject the Products.

8. For every delivery, the Competent Body shall perform checks of the products delivered and, depending on its findings, shall accept or reject the products. The decision of the Competent Body shall be entered in an acceptance or rejection certificate.

9. The procedure for checking the products delivered shall take place by macroscopic check, which the Contractor shall always be invited to attend, if he so wishes.

NOTE – OPTION

If article 2 of Part A hereof provides for the conduct of additional tests or trials, in addition to the macroscopic check, then the following items should be inserted here (with the numbering of the remaining items under this article being changed accordingly):10. Where the Contract requires the supplies to undergo, in addition to the macroscopic

check, any other test (chemical or mechanical test, practical trial, combined tests etc.), then a provisional acceptance certificate shall be issued, together with a sampling report issued for the purposes of conducting the tests foreseen.

11. Upon conclusion of the tests and depending on their results, the Competent Body shall issue a final acceptance or rejection certificate.

12. The Competent Body for Acceptance has the right to consider the possibility of accepting products which, after the predetermined tests have been conducted, are shown to present deviations which are not substantial in relation to the specifications or to the terms of the Contract, do not affect the use of the products and do not result in significant costs to the Contracting Authority. In such an event, the Acceptance Committee shall record the facts and its recommendation for acceptance of such products for a reduced price in a special report, which it shall refer to the Committee for Variations and Claims or to some other competent body for final decision. The recommendation of the Competent Body for a reduction in the price shall be deemed to be, and shall be handled as, a Claim by the Contracting Authority, which shall then proceed to issue an acceptance or rejection certificate, as the case may be.

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10. In the event of a rejection, the Competent Body shall state in the relevant certificate the specific deviations from the terms of the Contract and the reasons for the rejection.

11. In the event of rejection of the entire contractual quantity of the products under supply or of part thereof, the Contracting Authority may, by a relevant decision, approve the replacement of the specific quantity by another one, which shall comply with the terms of the Contract, within a fixed deadline which shall be set by this decision. This deadline may not exceed ½ of the total contractual delivery time, if replacement is to take place after the contractual time has expired. If the Contractor does not replace the rejected products within the deadline set to it, and provided that the contractual time has expired, the Contractor shall be declared in default and shall be subject to the penalties foreseen.

12. In the event of failure by the Contractor to replace the unsuitable products, the Contracting Authority, without detriment to all of the Contractor’s other rights deriving from the Contract, has the right to purchase products similar to the above from another source and seek payment of any additional expenses or losses by the Contractor.

ARTICLE 11: PAYMENT METHOD

1. Upon commencement of the Contract, the Contractor shall notify in writing to the Contracting Authority the bank account to which it wishes the payments of the Contract Value to be made. For the purposes of such notification, or in the event that the bank account changes during the term of the Contract, the Contractor must use the Template given in the Appendix to the Tender Documents. The Contracting Authority reserves the right to oppose the Contractor’s choice of bank account.

2. Payments shall be made in Euro as follows:

a. An advance payment equal to <per cent rate in words (per cent rate in numbers)> of the Contract Value (exclusive of VAT), after signature of the Contract and against submission by the Contractor of an Advance Payment Guarantee for the same amount, drawn up in accordance with the relevant Template (Form 4) given in the Appendix to the present Invitation.

b. Payments shall be made in Euro into the bank account notified by the Contractor to the Contracting Authority, against an invoice, after final acceptance of the products.

NOTE – OPTIONS

The payment method described in item (1) is indicative. The Contracting Authority must assess and specify in this article the payment method on a case by case basis.

Option 1:

Where the Contracting Authority so wishes, it may provide for an advance payment to the Contractor, whose percent rate is recommended to range between 10% and 20% of the Contract

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Budget. In this case, Article 11 shall comprise the following item:

1. Payments shall be made in Euro as follows:

a. An advance payment equal to <per cent rate in words (per cent rate in numbers)> of the Contract Value (exclusive of VAT), after signature of the Contract and against submission by the Contractor of an Advance Payment Guarantee for the same amount, drawn up in accordance with the relevant Template (Form 5) given in the Appendix to the Tender Documents.

b. Payment of the balance of the Contract Value, together with the total amount of the corresponding VAT, after acceptance of the entire Contract Scope.

Option 2:

In cases where the duration of the Contract exceeds six (6) months and interim deliveries of the products under supply are provided for, the Contracting Authority might provide (in addition to the advance payment) for interim payments to the Contractor of amounts equal to the value of the interim deliveries, against submission by the Contractor of the relevant invoices and other accompanying payment documents.

Option 3:

Furthermore, in cases where the Contract Scope also includes support-supplementary activities (placement, installation, maintenance or user training), payment to the Contractor of a separate instalment following the completion of these activities may also be provided for.

ARTICLE 12: PENALTIES FOR DELAY1. In the event of a delay in the delivery of the Contract products under supply or of a part

thereof, for which the Contractor is responsible, a Penalty for Delivery Delay shall be imposed.

2. Such penalty shall amount to a per cent rate of <per cent rate in words (per cent rate in numbers)> of the daily Contract Value of the products whose delivery is delayed, for every day of delay of delivery.

3. Any penalties imposed by the Contracting Authority in accordance with the above shall be withheld from the next payment to the Contractor or, if such payment is insufficient, shall be collected through forfeiture of an equivalent amount of the Performance Guarantee and/or Advance Payment Guarantee.

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4. In the event that the delivery times set have been exceeded and the penalties for delay imposed in connection therewith have reached in total <per cent rate in words (per cent rate in numbers)> of the Contract Value, the Contractor shall be declared in default.

NOTE – ALTERNATIVE WORDING

The Contracting Authority must specify the per cent rates of items (2) and (4) on a case by case basis, depending on the value, importance and urgency of the procurement. It is recommended that this rate vary from 0.2% to 0.5% for item (2), and from 5% to 10% in the case of item (4).

In calculating the penalty of item (2), the Contracting Authority may, depending on the nature of the products under the Contract, choose to also take into account the inability to use other products which have been delivered previously. In this case, a new sub-paragraph should be inserted in Article 12 after item (2) above, with the following contents:

3. In calculating the penalty, the Contracting Authority shall also take into account the potential –because of the delay– inability to use other products previously delivered.

ARTICLE 13: TAX AND CUSTOMS ARRANGEMENTS1. The Contract shall not be exempted from duties and taxes, including also VAT.

ARTICLE 14: GUARANTEES

1. As guarantee for faithful execution of the terms of the Contract, the Contractor has furnished at the time of signature hereof, the Performance Guarantee no. <number of guarantee> issued by the <name of Bank> for the amount <amount in words (amount in numbers) Euro>.

2. The Performance Guarantee should remain in force until final acceptance of the supply, whereupon it shall be returned to the Contractor by the Contracting Authority.

3. The guarantee provided for in this article shall cover the faithful application by the Contractor without exception of all the terms of the Contract, and of any claim made by the Contracting Authority against the Contractor resulting from the fulfilment of the latter’s obligations in accordance with the terms hereof.

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NOTE – OPTION

Where the Contract Scope includes the provision of product maintenance, repair or rectification services for a specific warranty period, the Contracting Authority should include to the terms of the Contract a Good Operation Guarantee, in which case the following items should be appended to the above Article:

4. If, as specified in Article 2 of Part A hereof, the Contract Scope includes the provision of product maintenance, repair or rectification services for a specific warranty period, the Contractor must furnish the Contracting Authority, prior to the Performance Guarantee being returned to the Contractor, with a Good Operation Guarantee.

5. The amount of the Good Operation Guarantee must cover 3% of the Contract Value.

6. The Good Operation Guarantee shall be drawn up in the format of the Template (Form 6) contained in the Appendix.

7. The Good Operation Guarantee shall be returned to the Contractor upon expiry of the warranty period, while it shall be automatically forfeited in favour of the Contracting Authority in the event of failure by the Contractor to fulfil its obligations, as these derive from the Contract, during this period.

8. The Good Operation Guarantee shall be issued by credit institutions or other legal persons lawfully operating in Cyprus or in other countries of the European Union (EU) or of the European Economic Area (EEA) or in third countries who are signatories of the International Government Procurement Agreement (GPA) or in other countries who have signed and ratified association agreements or bilateral agreements with the EU or with the Republic of Cyprus, and having the right to issue such guarantees in accordance with the legislation of such countries.

9. Guarantees issued in a language other then Greek or English shall be accompanied by an official translation into the Greek or English language.

10. In every case where faults or defects properties appear during the warranty period, the Contracting Authority shall inform about this the Contractor, who shall be obliged to rectify immediately such faults or defects, even by replacing the products which have shown such faults or defects, within a time to be agreed on a case by case basis and which shall not exceed twenty (20) days.

11. Should the Contractor fail to rectify such faults or defects in a timely manner, the Contracting Authority shall be entitled to proceed to the total or partial forfeiture of the Good Operation Guarantee.

ARTICLE 15: TERMINATION OF CONTRACT – SETTLEMENT OF DISPUTES1. The Contracting Authority may, by written notice to the Contractor, suspend, in whole or in

part, the payments due to the Contractor if the Contractor breaches any terms of the Contract or has failed to meet its obligations.

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2. If the circumstances mentioned in the above paragraph persist after fourteen (14) days from the date of the notice, then the Contracting Authority shall be entitled, if it so wishes, to terminate the Contract.

3. The Contracting Authority may terminate the Contract by giving thirty (30) days’ notice to the Contractor.

4. Upon receiving notice of termination of the Contract, the Contractor shall take immediate measures to terminate the Contract in such a way as to keep the ensuing costs to a minimum.

5. Upon termination of the Contract no payment shall be due to the Contractor, except for products delivered and for support-supplementary activities carried out in a satisfactory manner before the date of termination of the Contract, and for the supply of products or the carrying out of activities made necessary for the smooth termination of the Contract.

6. The Contracting Authority shall be entitled to receive compensation for any damages sustained following the completion of the Contract, in accordance with the laws governing the Contract.

7. In all cases where the Contracting Authority is entitled to compensation, such compensation may be deducted from any amounts due to the Contractor or settled through the Performance Guarantee.

8. Where the established loss to the State exceeds the amount of the Performance Guarantee, the Contractor shall be invited, without prejudice to the provisions of paragraph 9 below, cover the loss to the State within a fixed deadline.

9. Notwithstanding the provisions under paragraph 8 above, where such loss to the State beyond the amount of the Performance Guarantee does not exceed the amount determined by a Circular of the Competent Authority (Treasury of the Republic of Cyprus), the Contracting Authority may at its discretion not seek compensation from the Contractor.

10.Any dispute which may arise between the parties connection with the Contract and which can not be settled amicably, shall be settled finally in the Courts of the Republic of Cyprus.

ARTICLE 16: GOVERNING LAW1. The present Contract shall be governed by and construed according to the laws of the

Republic of Cyprus, and shall come under the jurisdiction of the Courts of Cyprus.

ARTICLE 17: AMENDMENTS 1. Any amendment or change hereto may be made only if it shall not substantially impair

competition, and shall take place by way of a written agreement of the parties hereto, which shall be attached to the present Contract as an integral part of it.

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Drafted in three originals, where two originals are intended for the Contracting Authority and one for the Contractor, and signed on <day>, <XX/XX/20XX>.

“place stamp duties here”

For and on behalf of the Contracting Authority:

Signature: ............................................

Title: ...................................................

Name: ..................................................

Witnesses:

1. Signature: .............................................

Name: ..................................................

2. Signature: .............................................

Name: .................................................

For and on behalf of the Contractor:

Signature: ............................................

Title: ...................................................

Name: ..................................................

Witnesses:

1. Signature: .............................................

Name: ..................................................

2. Signature: .............................................

Name: ................................................

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APPENDIX 2

TEMPLATES OF FORMS

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FORM 1 - TENDER SUBMISSION FORM

To: University of Cyprus

Subject: <Tender procedure title>

<Tender procedure no.: ……….>

1. After examining the Tender Documents and after developing a full understanding of the Contract Scope, we the undersigned undertake to commence, execute and complete the Contract Scope in accordance with the Tender Documents and our Offer, for the total amount of €……………………………(in full …………………………………………………Euro and ………….. cent), plus VAT, as analyzed in the following Financial Offer Table :

FINANCIAL OFFER TABLE

ITEM

S No. Product / ServiceMeasurement

Unit

Quantity

Offered

Unit Price exclusive of

VAT

Total Price exclusive of

VAT

PRO

DU

CTS

1

2

3

4

5

6

etc.

SER

VIC

ES

1

2

etc.

TOTAL COST OF OFFER (exclusive of VAT)

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Notes for the Contracting Authority:

1. The column “Product/Service” is completed by the Contracting Authority, in the order in which the products and services are stated in the Tenderer’s Technical Response and Compliance Table (Form 2).

2. The column “Measurement Unit” is completed by the Contracting Authority depending on the method used to measure the requested supplies or services (e.g. pieces, metres, kilograms, number or licenses, person-months)

3. The other columns in the Table are completed by the Tenderer.

2. Should our offer be accepted, we undertake to deposit a Performance Guarantee, for the amount and in the format specified in the Tender Documents and to commence the execution of the Contract Scope as of the date of signature of the Agreement.

3. We agree that our present Offer shall be valid for a period of time equal to that stated in Paragraph 5 of Part A of the Tender Documents, that it shall bind us and that it may be accepted at any time prior to the expiry of the said period.

4. Until an official Agreement is prepared and signed, our present Offer, together with your written acceptance, shall constitute a binding Contract between us.

5. Information about our firm and the contact details of the person responsible for this tender are given below:

Name of Tenderer

Registered Address

Address of communication (if different from above)

Web Address

VAT Number

Contact Person:

Name

Telephone

Fax no.

Email Address

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For and on behalf of the Tenderer:

Signature: .........................................................................

Name: ...............................................................................

Title: ..................................................................................

Date: .................................................................................

Note: All blank fields must be completed by the Tenderer or by the Tenderer´s Representative.

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FORM 2 - TENDERER’S TECHNICAL RESPONSE AND COMPLIANCE TABLE

1. Requested product (1): _________________________________

No. Features – Specifications

Requirement

Response – Offer

Reference

1. GENERAL FEATURES1.1. Number of units

1.2. Manufacturer – Model YESetc.

2. SPECIFIC FEATURES2.1.

2.2.

2.3.

2.4.

2.5.

2.6.

2.7.

2.8.

2.9.

2.10.

2.11.

2.12.

2.13.

etc.

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2. Requested product (2): _________________________________

No. Features – Specifications

Requirement

Response – Offer

Reference

1. GENERAL FEATURES1.1. Number of units

1.2. Manufacturer – Model YESetc.

2. SPECIFIC FEATURES2.1.

2.2.

2.3.

2.4.

2.5.

2.6.

2.7.

2.8.

2.9.

2.10.

2.11.

2.12.

2.13.

etc.

3. Requested service (1): _________________________________

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No. Requirements – Specifications

Requirement

Response – Offer

Reference

1. GENERAL REQUIREMENTS1.1.

1.2. YES

2. SPECIFIC REQUIREMENTS2.1.

2.2.

2.3.

2.4.

2.5.

2.6.

2.7.

2.8.

2.9.

2.10.

2.11.

2.12.

2.13.

etc.

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NOTES:

1. Responses MUST be provided for all items in the Table. If no response is provided for a particular item, this shall be considered as a negative response.

2. The Column “FEATURES – SPECIFICATIONS” or “REQUIREMENTS – SPECIFICATIONS” is used to describe in detail the corresponding technical terms, obligations or clarifications to which responses must be provided.

3. If the Column “REQUIREMENT” contains the word “YES” (meaning that the corresponding specification is mandatory for the Tenderer) or a specific number (meaning that the specification has a mandatory numerical value which must be complied with), these shall be considered as unchangeable terms and the Technical Offers that do not meet such requirements shall be rejected as inadmissible.

4. The Tenderer’s response is entered in the Column “RESPONSE – OFFER”. This response is either the specific product that the Tenderer offers or is of the form “YES/NO” (depending on whether the Technical Offer does or does not meet the respective specification) or a specific numerical value denoting the quantity of the respective feature in the Technical Offer.

5. The Column “REFERENCE” is used to enter an unambiguous reference to an Annex of the Technical Offer containing numbered Technical Brochures of manufacturers, or detailed technical descriptions of the products offered, which in the opinion of the Tenderer document the information stated in the Table. References should be specific (e.g. Technical Brochure 3, p. 4, par. 4), while in the technical brochure or report in question the respective point shall be underlined and a note shall be made of the paragraph in the Table where the required feature is stated.

NOTES FOR THE CONTRACTING AUTHORITYThe Column “Features – Specifications” or “Requirements – Specifications” is completed on a case by case basis, and contains a summary of the requirements regarding the quantities and types of requested products or services, as well as regarding the specific features or requirements or specifications that these must meet. The Column “Requirement” contains either the word “YES” (meaning that the respective specification is mandatory for the Tenderer) or a number (meaning that the specification has a mandatory numerical value with which full compliance is required). The Column “Requirement” may contain a number together with the sign “>” or “<” or “≥” or “≤”, while it may also be empty for a particular feature or specification, if that feature or specification is not mandatory but optional and subject to evaluation. If the award criterion selected is the lowest price, only the necessary (mandatory) product features – specifications or the necessary service requirements – specifications should be requested in the technical specifications.

29

FORM 3 - CONTRACTOR’S BANK ACCOUNT NOTIFICATION FORMACCOUNT HOLDER

NAME

ADDRESS

TOWN/CITY POSTAL CODE

COUNTRY VAT NUMBER

CONTACT PERSON

TELEPHONE FAX

E - MAIL

BANKBANK NAME

BRANCH ADDRESS

TOWN/CITY POSTAL CODE

COUNTRY

ACCOUNT NUMBER

IBAN

Remarks: BANK STAMP + SIGNATURE OF BANK REPRESENTATIVE

(both mandatory)

DATE + SIGNATURE OF ACOUNT HOLDER

(mandatory)

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FORM 4 - PERFORMANCE GUARANTEE TEMPLATE

Expiry date ---------------------

To

----------------------------------------------------------------------

(hereinafter referred to as "the Contracting Authority")

Dear Sirs,

Guarantee no -------------------

Contract no -------------------

We have been informed that you have entered into a contract with ------------------------------------------------------------------------------------------------- (hereinafter referred to as "the Consultant") for ------------------------------------------------------------------------------------------------------------------------------------------ (hereinafter referred to as “the Contract”), with contract amount of € -------------- (in words -------------------------------------------------------------------------------------------------------------- Euro) (hereinafter referred to as “the Contract Amount”), and that the terms of the Contact require the provision of a performance guarantee for an amount equal to ------- percent of the Contract Amount.

At the request of the Consultant, we the undersigned bank/credit institution, waiving all rights of objection and defence under the Contract, hereby, irrevocably and without any reference to and notwithstanding any objection by the Consultant, undertake to pay you without delay (and at the latest within 3 working days) any sum or sums not exceeding in total the amount of € -------------- (in words -------------------------------------------------------------------------------------------------------------- Euro) (hereinafter referred to as “the Guaranteed Amount”), upon receipt by us of your first demand in writing stating that the Consultant has failed or refused to fulfil or has not fulfilled and/or is in breach of any of his obligations under the Contract and that you claim payment under this Guarantee. The Guaranteed Amount will be reduced by each payment made by us as a result of a claim.

31

2. It is understood that any change, modification, addition or amendment which may be made to the Contract, or any settlement in relation to it, shall not in any way release us from our obligations and liabilities under this guarantee, and we hereby expressly waive our right to consent to or to receive notice, of any such change, modification, addition, amendment or settlement.

3. This Guarantee shall remain in force up to and including the expiry date mentioned above and any demand from you in respect thereof must be received by us on or before that date (or, if that date is a bank holiday, up to and including the last bank working day before that date). After that date, and provided that no written demand from you has been received by us by then, this Guarantee shall be deemed to be void, whether it has been returned to us or not.

4. This Guarantee shall be governed by and construed according to the laws of the Republic of Cyprus and shall fall within the jurisdiction of the courts of the Republic of Cyprus.

Sincerely,

[Bank/Credit Institution]

(signature and stamp)

{ Place stamp

duties here

}

Date: ………………………………….

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FORM 5 - ADVANCE PAYMENT GUARANTEE TEMPLATE

Expiry date ---------------------

To

<name of Contracting Authority>

Dear Sirs,

Guarantee no -------------------

1. At the request of the applicants ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ we are holding at your disposal the amount below as guarantee for payment by you of an advance of € -------------- (in words -------------------------------------------------------------------------------------------------------------- Euro) to the applicants in accordance with the Conditions of your Agreement with them dated --------------------------- for the <title of contract>, undertaking to pay you the said amount without any reference to and notwithstanding any objection by the applicants, upon receipt by us of your demand in writing stating that the applicants have failed to fulfil their obligations under the above mentioned Agreement and that you claim payment under this Guarantee.

2. An essential condition of this guarantee is that the obligation of the Credit/Bank Institution shall be reduced by ….. per cent (%) of the amount paid for work carried out (with a copy of the relevant payment order issued by ---------------------------------------------------------------------- <name of Contracting Authority> sent to us), and our guarantee shall remain in force for the amount as reduced from time to time and until it is paid in full upon ---------------, after which date any obligation of ours under this Guarantee shall cease and this Guarantee shall be deemed to be void and without any value whatsoever.

3. This Guarantee shall enter into force after receipt by the Bank/Credit Institution on behalf of the applicant(s) of the above advance amount.

33

4. It is always understood that the total obligation of the Bank/Credit Institution under this Guarantee shall be limited to the above amount.

5. This Guarantee shall remain in force until the above expiry date.

6. Any claim under this Guarantee must be submitted to us in writing and promptly, so that it may be in the hands of the Bank/Credit Institution by the above date. After that date, any obligation of ours shall cease and this Guarantee shall be deemed to be null and void whether it has been returned to us for cancellation or not.

7. This Guarantee shall be governed by and construed according to the laws of the Republic of Cyprus and shall fall within the jurisdiction of the courts of the Republic of Cyprus.

Sincerely,

[Bank/Credit Institution]

(signature and stamp)

{ Place stamp

duties here

}

Date: ………………………………….

34

FORM 6 - GOOD OPERATION GUARANTEE TEMPLATE

To

<name of Contracting Authority>

Dear Sirs,

Guarantee no -------------------

We have been informed that you have entered into a contract with ------------------------------------------------------------------------------------------------- (hereinafter referred to as "the Supplier") for ------------------------------------------------------------------------------------------------------------------------------------------ (hereinafter referred to as “the Contract”), with contract amount of € -------------- (in words -------------------------------------------------------------------------------------------------------------- Euro) (hereinafter referred to as “the Contract Amount”), and that the terms of the Contact require the provision of a good operation guarantee for the supplies, for an amount equal to € -------------- (in words ---------------------------------------------------------------------------------------------------------- Euro).

At the request of the Supplier, we the undersigned bank/credit institution, waiving all rights of objection and defence under the Contract, hereby, irrevocably and without any reference to and notwithstanding any objection by the Supplier, undertake to pay you without delay (and at the latest within 3 working days) any sum or sums not exceeding in total the amount of € -------------- (in words -------------------------------------------------------------------------------------------------------------- Euro) (hereinafter referred to as “the Guaranteed Amount”), upon receipt by us of your first demand in writing stating that the Supplier has failed or refused to fulfil or has not fulfilled and/or is in breach of any of his obligations under the Contract and that you claim payment under this Guarantee. The Guaranteed Amount will be reduced by each payment made by us as a result of a claim.

2. It is understood that any change, modification, addition or amendment which may be made to the Contract, or any settlement in relation to it, shall not in any way release us from our obligations and liabilities under this guarantee, and we hereby expressly waive our right to consent to or to receive notice, of any such change, modification, addition, amendment or settlement.

35

3. This Guarantee shall remain in force up to and including the date of ------------------------------- and any demand from you in respect thereof must be received by us on or before that date (or, if that date is a bank holiday, up to and including the last bank working day before that date). After that date, and provided that no written demand from you has been received by us by then, this Guarantee shall be deemed to be void, whether it has been returned to us or not.

4. This Guarantee shall be governed by and construed according to the laws of the Republic of Cyprus and shall fall within the jurisdiction of the courts of the Republic of Cyprus.

Sincerely,

[Bank/Credit Institution]

(signature and stamp)

{ Place stamp

duties here

}

Date: ………………………………….

36