TRM 01 04 2014

Annex to Government Decision No.763

of October 11, 2012

S T A N D A R D D O C U M E N T A T I O Nfor public procurement of goods

Object of procurement: Movies

CPV code: 32354000-9

Contracting authority: IPNA Compania „Teleradio-Moldova”

Procurement procedure: Open tender

Tender No. 490/14 of 07.04.2014

PPB No. and date of publication: 23/14 21.03.2014

Date of opening: 07.04.2014 time 10:00

INVITATION TO TENDERIPNA Compania „Teleradio-Moldova”

Open tenderAcquisition of Movies

CPV code: 32354000-9

This invitation to tender follows the notice published in the Public Procurement Bulletin No. [enter the number] of [date].

The necessary amount for the procurement of movies according to the needs of IPNA Compania „Teleradio-Moldova” (hereinafter - Buyer) for the year of activity 2014 is allocated from the state budget.IPNA Compania „Teleradio-Moldova” invites all interested economic operators that can meet the needs of the Buyer to participate in the tender regarding the delivery of the following goods:

Lot No. 1

No.Movie name

Required characteristics

Manufacturer and country of origin

Production year

No. of episodes

Length of the episode in minutes

Total length

inmin

Price 1 minexcl.VAT

Price 1 min inc. VAT

Total sum VAT excl.

Total sum VAT incl.

1. Documentary, school age (wildlife, cognitive, etc.) 52 22-26

Lot No. 2

No.Movie name



Production year

No. of episodes


Total length

inmin

Price 1 minexcl.VAT


Total sum VAT excl.

Total sum VAT incl.

1. Documentary (lifestyle, traveling, etc.) 26 44-52

Lot No. 3

No.Movie name



Production year

No. of episodes


Total length

inmin

Price 1 minexcl.VAT


Total sum VAT excl.

Total sum VAT incl.

1. Series / Miniseries (comedy, drama, detective, period) 52 44-60

Mandatory conditions:The participants shall provide the right for at least 2 broadcasts and 2

rebroadcasts of the movies within 7 days for a period of one year from the delivery of the goods. The purchased products must comply with the corresponding editorial policy of a public television company.

The economic operators shall be obliged to provide the working group with complete information (title, genre, year of manufacture, origin, distribution restrictions) and copies of viewing of the tendered programs, on material support or server.

The catalogs presented for the competition must include at least triple the number of titles than those to be contracted.

By the production offered, the sound track has to be in the original language and the scripts have to be attached in the original language, Romanian or Russian.

For information and guidance for the program providers, the Company will purchase programs susceptible to complete and diversify their own television programs offer, applying the following general principles:

1. Technical and artistic quality of the programs2. Promotion of universal human values3. Openness to innovation, value, aesthetics4. Respect for the individual and its dignity5. Cultural, spiritual, cognitive, educational and recreational impact6. Promotion of universal culture values7. Thematic, cultural, etc. diversity8. Accessibility of message9. Removal of program likely to harm the physical, mental or moral comfort

of the viewer.The term of delivery is 30 days after the completion of the order. The qualification requirements for the economic operators shall include the

following:To have a contract of transfer of patrimonial rights on the televised production

with the holder, which must specify the emission area (Moldova), diffusion term and the exclusivity condition or express right provided to transmit them to third parties ant to subsequently attach it to the contract, assuming full legal responsibility for complaints or disputes with third parties.

The interested economic operators may obtain additional information from the contracting authority IPNA Compania "Teleradio-Moldova", Chisinau, 1 Miorita str., 1st floor, office 103, Baietrau Tatiana - Secretary of the Working Group, tel.: 022 406 963, e-mail: [email protected] and get acquainted with the requirements of the tender documents at the address given below IPNA Compania "Teleradio-Moldova", Chisinau, 1 Miorita str., 1st floor,

mailto:[email protected]

office 103, Baietrau Tatiana - Secretary of the Working Group, tel.: 022 406 963, e-mail: [email protected] from 9.00 to 17.00.

The set of documents may be purchased at the same address after filing the participation request (clearly indicating the name, address, contact telephone number and the name of the authorized by the Participant person) and confirmation of the non-refundable payment in the amount of 200 lei per set.

Payment shall be made in cash or by transfer to the address of IPNA Compania „Teleradio-Moldova”, according to the following details:

(a) payee: IPNA Compania „Teleradio-Moldova”(b) bank data, Banca de Economii JSC, Branch Office No. 1(c) fiscal code; 1004600050558(d) settlement account; 22,242,014,981,776(e) IBAN: MD81BE000022245019781776-EURO(f) IBAN: MD67BE000022249018401776-USD(g) bank code; BECOMD2X609with the note "For the tender documents set".

The absence of the participation demand and of the non-payment of the fee for the tender documents gives to the economic operator no right to submit an offer within the respective acquisition proceedings.

The Participant’s documents put in an envelope, sealed and stamped, shall be submitted until ___________ at__________ at the headquarters of IPNA Compania „Teleradio-Moldova”, 5th floor, Chancellery.

The delayed offers will be rejected. Offers will be opened in the physical or electronic presence of the working group members of IPNA Compania „Teleradio-Moldova” and representatives of Participants at the tender on ___________, at the address IPNA Compania "Teleradio-Moldova", Chisinau, 1 Miorita str., 5st floor, meeting room.

All offers must be accompanied by a guarantee for the offer in the form of a bank guarantee in the amount of 1% of the total price of the offer without VAT.

The address of the reference in the text above:IPNA Compania "Teleradio-Moldova", Chisinau, 1 Miorita str., 1st floor, office 103,

Baietrau Tatiana - Secretary of the Working Group, tel.: 022 406 963, e-mail: [email protected].

Section 1. Instructions for Offerers (IFT)

A. General Provisions

1. Purpose of the tender1.1. The contracting authority indicated in the Acquisition data sheet (ADS) issues

tender documentation for the purpose of purchase of goods / services as specified in section 4-a – Requirements table. Object and tender number are specified in the ADS. Name and number of lots are provided in the ADS.



2. Financing source2.1. The Contracting Authority has been allocated money, as indicated in the ADS for

eligible payments under the contract for which this tender document is issued.

3. Origin of goods and services3.1. All goods / services delivered / provided following this tender shall be eligible.

4. Tender participants4.1. A tender participant can be any economic operator who has the status of

entrepreneur, resident or non-resident, natural or legal person, which is entitled to participate under Law no. 96-XVI of April 13, 2007 on public procurement, to the procedure for assignation of the public acquisition contract.

4.2. The tender participant can be a natural or legal person, company, association or any legal combination in form of agreement of intent, or an existing one, regarding the formation of the Association, which was invited to participate in the procurement procedure or would like to participate, or submits an offer following the invitation to tender. All members of the Association shall be liable to the contracting authority jointly and individually.

4.3. The state enterprises of the Republic of Moldova can participate in the tender only if they demonstrate that they are legally and financially autonomous and operate under the commercial law.

4.4. The offeror submits a declaration according to the form in Section 3 (F 3.4), concerning the fact that it (including the Association members) is not in conflict of interest regarding its participation in the tender, and namely: (i) is not associated, nor has been associated in the past, directly or indirectly, with any consultant or other entity that has prepared the specifications and other documents related to this tender, and (ii) submits only one offer, except for the alternative offers in accordance with Article IFO20 (this does not restrict the participation of subcontractors in more offers).

4.5. The offeror is not allowed to the tender if it is included in the List of prohibited economic operators, in accordance with Article IFO36. This List can be found at the address indicated in the ADS.

5. Expenses of participation in the tender5.1. The offeror shall bear all costs associated with the preparation and submission of

the offer and the contracting authority does not bear any responsibility for these costs, regardless of the conduct or outcome of the tender.

6. Sections of the Tender documents6.1. Tender documentation includes all sections listed below and must be read in

conjunction with any modification under Article IFO 7.

Section 1. Instructions for Offerors (IFO)Section a 2-a. Acquisition data sheet (ADS) Section a 3-a. Forms for the offer submissionSection a 4-a. Requirements tableSection a 5-a. Contract form

7. Clarification and amendment of the tender documents7.1. The participant requesting clarification on the tender documents shall contact the

contracting authority in writing at the address specified in the ADS. The contracting authority shall respond in writing at any request for clarification prior the deadline for submission of offers. The contracting authority shall send copies of the response to all participants who have obtained tender documents directly from this, including a description of the application, but without identifying the source.

7.2. At any time prior the deadline for submission of offers, the contracting authority may amend the tender documentation. Any modification made in writing, will be part of the tender documentation and shall be immediately notified in writing to all participants who have obtained tender documentation directly from the contracting authority and the Public Procurement Agency.

8. Corruption practices and other prohibited practices8.1. The Government requires that the contracting authorities and participants in

public tenders meet the highest ethical conduct standards in conducting and implementing of procurement processes, and performance of contracts financed from public funds.

8.2. In accordance with the provisions of paragraph IFO8.1, if the Public Procurement Agency or the contracting authority finds that an offeror has been involved in the practices described in point IFO8.3 within the process of competition for the public procurement contract or during the execution of the contract, this:

a) will exclude the offeror from the respective procurement procedure and will include it in the Prohibition list, according to the Government Decision no. 45 of January 24, 2008, or

b) will take any other measures provided for in Article 30 of Law no. 96-XVI of April 13, 2007 on public procurement.

8.3. For purpose of application of this paragraph, the following actions are not allowed in the procurement procedures and contract execution:

a) to promise, offer or give to a person with position of responsibility, personnel or through an intermediary, goods or services, or any other object of value in order to influence the actions of the other party;

b) any act or omission, including misinterpretation, that, consciously or negligently, misleads or tends to mislead a party in order to obtain a financial or other benefit or to avoid an obligation;

c) any agreement prohibited by law, between two or more parties, made in order to coordinate their behavior in the public procurement procedures;

d) directly or indirectly caused damage or injury to any party or to its property in order to improperly influence its actions;

e) intentional destruction, falsification, counterfeiting or concealment of the material evidence of the investigation, or giving false information to the investigators in order to prevent an essential investigation conducted by competent bodies in order to identify any practices described above; as well as threatening, harassing or intimidating of any party in order to stop it from disclosing information about relevant matters of the investigation or from exercising the investigation.

8.4. The personnel of the contracting authority shall have equal obligation regarding the exclusion of constraint practices for obtaining personal benefits in connection with the public procurement.

B. Qualification criteria9. General criteria9.1. The offeror shall have the necessary experience, good reputation, technical

equipment and professional competence, production capacity, equipment and other physical facilities, including for the after-sales services (if applicable), managerial competence, specific experience, qualified personnel necessary for the performance of the contract and other capacities necessary for the qualitative performance of the public procurement contract throughout the entire period of its validity.

10. Experience criteria10.1. The offeror shall have a minimum of experience in the delivery of goods and / or

services in order to qualify for the requirements of fulfillment of the contract.a) specific experience in the delivery of similar goods and / or services specified in ADS; In

case of Association, at least one of the associates shall meet this condition, andb) minimum production capacity or equipment specified in ADS.

11. Affordability criteria11.1. The offeror shall have a minimum financial capacity to qualify for the fulfillment

of the contract requirements:a) satisfactory realization of supplies of similar goods within a period specified in the ADS,

in which the value of an individual contract constituted the amount established in ADS;In the case of the above requirement, the contracting authority accepts the cumulation of

contracts for a period equal to the period of realization of the future contract. In case of Association, at least one of the associates shall meet this requirement. The other associates shall meet the requirement for of at least 30%,

andb) availability of liquid cash or circulating capital, or credit resources from a bank,

according to ADS.

C. Preparation of offers

12. Documents constituting the offer12.1. The offer shall include the following:

a) Offer form (F3.1);b) Guarantee for the offer (F3.2) in original;c) Form of technical specification and price (F4.3);d) Information on the offeror form (F3.3), including all certificates and documents listed in

paragraph 1.9 of the form;e) any other document required in the ADS.

12.2. All documents referred to at points a), b) and c) of paragraph IFO12.1 shall be filled without any alteration or deviation from the original, the blank spaces being filled in with

the information requested. Improper filling of the forms may result in the rejection of the offer as inappropriate.

13. Documents for demonstrating compliance of goods and services13.1. In order to establish the compliance of the goods / services with the requirements

of the tender documentation, the offeror shall submit, as part of its offer, evidence documentation proving that the goods comply with the conditions of delivery, technical specifications and standards specified in Section 4 a - Requirements table.

13.2. In order to demonstrate the compliance of the proposed quantities and delivery terms, the offeror shall complete the forms "List of goods and schedule of delivery" (F4.1) and "List of services and schedule of fulfillment" (F4.2). In order to demonstrate the technical compliance of the goods and services offered, the offeror shall complete the Form of technical specification and price (F4.3). Also, the offeror shall include specialty literature, drawings, extracts from catalogs and other justifying technical data.

14. Principle of a single offer. Alternative offers14.1. The offeror shall submit only one offer, either individually or as a member of the

Association. All offers with the participation of an offeror who submits or participates in more offers shall be rejected (this does not refer to the participation of subcontractors in more offers). Alternative offers will not be accepted unless this is permitted in ADS.

15. Guarantee for the offer15.1. The offeror shall submit, as part of its offer, a Guarantee for the offer (F3.2), as

specified in ADS.15.2. The guarantee for the offer shall be in the amount specified in ADS, in MDL

issued by a licensed bank and will be:a) in the form of a bank guarantee from a banking institution, valid for the period of

validity of the offer or other extended period, as applicable, in accordance with paragraph IFO17.2.; or

b) transfer to the account of the contracting authority

payee: IPNA Compania „Teleradio-Moldova”bank data, Banca de Economii JSC, Branch Office No. 1fiscal code; 1004600050558settlement account; 22,242,014,981,776IBAN: MD81BE000022245019781776-EUROIBAN: MD67BE000022249018401776-USDbank code; BECOMD2X609with the note "Guarantee for the offer".

15.3. If a guarantee for the offer is required in accordance with paragraph IFO15.1, any offer which is not accompanied by such guarantee accordingly prepared shall be rejected by the contracting authority as inappropriate.

15.4. The guarantee for the offer of the offerors that did not win shall be returned as quickly as possible, but not later than five days from the moment:

a) of signature of the contract by the winning offeror, following the submission of the Good performance guarantee under paragraph IFO42;

b) of cancellation of the procurement procedure;c) of validity expiration of the guarantee for the offer.15.5. The guarantee for the offer can be retained:a) if an offeror withdraws or modifies its offer during the period of validity of the offer

specified in the offer form, except as provided in paragraph IFO17.2, orb) if the winning offeror refuses:

- to accept the correction of arithmetic errors under paragraph IFO29;- to submit the Good performance guarantee under paragraph IFO42;- to sign the contract according to article IFO43

15.6. The guarantee for the offer presented by the Association must be on behalf of the Association submitting the offer. If the Association was not legally constituted at the time of the tender, the Guarantee for the offer shall be on behalf of all planned members.

16. Prices16.1. The prices indicated by the offeror in the Offer form (F3.1) and in Technical

specifications and price (F4.3) shall comply with the requirements specified below.16.2. All lots and positions must be listed and valued separately in the Technical

specifications and price (F4.3).16.3. The price to be specified in the Offer form shall be the total amount of the offer.16.4. The Incoterms terms such as EXW, CIP, DDP and other similar terms shall be

subject to the regulations set out in the current edition of Incoterms, published by the International Chamber of Commerce, as stated in the ADS.

16.5. The prices are indicated as shown in the Technical specifications and price, a form included in Section 4-a – Technical specifications and price.

16.6. Prices indicated by the offeror shall be fixed during the execution of the contract by the offeror and shall not change for any reason, except as provided in the ADS.

16.7. The contracting authority shall perform payments in compliance with the methodology and conditions set out in ADS.

17. Validity term of offers17.1. Offers shall remain valid for the period specified in the ADS, from the deadline

for submission of offers fixed by the contracting authority. An offer valid for a shorter period shall be rejected by the contracting authority as inappropriate.

17.2. In exceptional cases, before the expiry of the offer validity period, the contracting authority may request the offerors to extend the validity period of their offers with a maximum of 60 days from the initial term. The request and the responses shall be made in writing. If a guarantee for the offer is requested within the tender, according to paragraph IFO15, this shall also be extended to the corresponding period. An offeror may refuse the request for extending without losing the guarantee for the offer. The offerors approving the request for extension shall not be required and shall not be allowed to modify the offers.

18. Language of communication within the tender18.1. The offer, documents related to tender and all correspondence between the offeror

and the contracting authority shall be established in the state language. The supporting

documents and the printed specialty literature that are part of the offer may be in another language provided that they are accompanied by an accurate translation of the relevant passages in the state language, case in which, for purpose of interpreting the offer, this translation shall prevail.

19. Offer currency 19.1. Prices for the goods and services required shall be indicated in MDL, except the

cases where it is otherwise provided in the ADS.

20. Format and signing of the offer20.1. The offeror shall prepare the original of the documents that include the offer, as

described in paragraph IFO12.20.2. The offer shall be printed or written in ink that cannot be erased and shall be

signed by the person authorized to sign on behalf of the offeror. This authorization shall be made in the form of a letter of delegation / power of attorney attached to the Information on the offeror form (F3.3). the name and position of each person signing the letter of delegation / power of attorney shall be printed under the respective signature. All pages of the offer, except the general conditions that remain unchanged, shall be numbered sequentially and signed / noted with the initials by the person signing the offer.

20.3. Any additional entries, erasures or overwriting shall be valid only if they are signed or initialed by the person authorized to sign the offer.

D. Submission and opening of offers

21. Submission, sealing and marking of offers21.1. Offerors may submit offers by mail or in person. They shall make the offer

separately and if permitted under paragraph IFO14, alternative offers in sealed envelopes, accordingly labeled.

21.2. The envelope shall contain:a) name and address of the offeror;b) address of the contracting authority in accordance with paragraph IFO22.1;c) tender number in accordance with paragraph IFO1.1, and any additional identification

marks, if specified in the ADS;d) a warning not to open before the time and date of offers opening, in accordance with

paragraph IFO25.1.21.3. If the envelopes are not sealed and marked as required above, the contracting

authority shall not assume responsibility for placing them incorrectly or for premature opening of the offer.

22. Deadline for submission of offers22.1. Offers shall be received by the contracting authority not later than the date and

time specified in ADS. The contracting authority may, at its discretion, extend the deadline for submission of offers by amending the tender documents in accordance with paragraph IFO7, case in which all rights and obligations of the contracting authority and offerors shall be submitted after the extended deadline.

23. Delayed offers23.1. The contracting authority shall not take into account any offer submitted after the

deadline for submission of offers, in accordance with paragraph IFO18. Any offer received by the contracting authority after the deadline for submission of offers shall be registered accordingly and returned to the offeror without being opened, and entered in the opening minutes.

24. Modification, substitution and withdrawal of offers24.1. An offeror may withdraw, substitute or modify its offer after it was submitted

only until the deadline for submission of offers by sending a written notice in accordance with paragraph IFO21, correspondingly signed by an authorized representative and including a copy of the letter of delegation / power of attorney, in accordance with paragraph IFO20.2. Appropriate substitution or modification of the offer shall be accompanied by a written notice. In case of offer withdrawal, this shall be done through an authorized letter from the offeror.

24.2. Offers requested to be withdrawn in accordance with paragraph IFO24.1 shall be returned at the request of the offeror without being opened.

24.3. No offer may be withdrawn, substituted or modified in the period between the date of opening of offers and the expiration of the offer validity under penalty of detention of the guarantee for the offer.

25. Opening of offers25.1. The contracting authority shall open the offers in public at the address, date and

time specified in ADS.25.2. All other envelopes shall be opened one by one, reading:

a) offeror's name and whether there is a change in the offer;b) total and per lot prices of the offers;c) presence of the Guarantee for the offer;d) documents submitted by the offeror.

No offer shall be rejected during the opening procedure, except delayed offers, in accordance with paragraph IFO23.1.

25.3. The contracting authority shall prepare a minutes for the opening of offers and at the request of the representatives of economic operators present at the opening session, shall submit it to them for countersignature. A copy of the minutes shall be distributed, upon request, to offerors who submitted the offers in time.

25.4. The Offer form F (3.1) and Form F (4.3), which is the financial value of the offer, shall be countersigned by all working group members.

E. Evaluation and comparison of offers

26. Confidentiality 26.1. The information relating to the examination, evaluation, comparison and post-

qualification of offers shall not be disclosed to offerors or other persons who are not officially involved in the process, until the registration moment of the contract, as established.

26.2. Any action of an offeror with purpose to influence the contracting authority in the examination, evaluation, comparison and post-qualification of the offers or in the decision of contract adjudication may result in the rejection of its offer.

27. Clarification of offers27.1. The contracting authority may, at its discretion, request from any of the offerors a

clarification of their offer in order to facilitate the examination, evaluation, comparison and post-qualification of the offers. There shall be not requested, offered or permitted any changes in prices or offer content, except for the correction of arithmetic errors discovered by the contracting authority during the evaluation of offers in accordance with paragraph IFO29.

27.2. If the offeror does not provide the contracting authority with the requested clarifications by the term established in the request for clarification (provided that the receipt of this request has been confirmed by the offeror), this offer may be rejected.

28. Determination of compliance of offers28.1. The assessment of the compliance of an offer by the contracting authority is to be

based on the content of the offer. 28.2. It is considered that an offer complies with the requirements if it corresponds to

all the terms, conditions and specifications in the tender documents, having no essential deviations or having only minor deviations, errors or omissions that can be removed without affecting the essence of the offer. A deviation shall be deemed to be insignificant if:

a) it does not substantially affect the scope, quality or performance of the goods and / or services specified in the contract;

b) it does not substantially limit any rights of the contracting authority or obligations of the offeror in accordance with the contract;

c) it would not inequitably affect the competitive position of other offerors who present in accordance with the requirements.

28.3. If an offer does not comply with the requirements of the tender documents, it shall be rejected by the contracting authority and shall not be subsequently made compliant by the offerer by correction of serious deviations, errors or omissions.

29. Nonconformities, errors and omissions29.1. The contracting authority has the right to consider the offer complying with the

requirements if it contains minor deviations from the provisions of the tender documents, errors or omissions that can be removed without affecting its essence. Any deviation of this kind shall be expressed quantitatively as far as possible, and it shall be taken into account by the evaluation and comparison of offers.

29.2. If the offeror which has submitted the most advantageous offer does not accept the correction of arithmetic errors, his offer is rejected.

30. Preliminary examination of offers30.1. The contracting authority shall examine the offer in order to confirm that all

documents and technical documentation requested in paragraph IFO12 were presented and in order to determine the completeness of each document submitted.

30.2. The contracting authority shall confirm that the following documents and information have been presented in the offer:

a) The offer form (F3.1);b) List of goods and schedule of delivery (F4.1) or List of services and schedule of

fulfillment (F4.2);c) The guarantee for the offer in accordance with paragraph IFO15;

d) Technical specifications and price (F4.3) of section 4-a - Requirements table;e) Information on the offer form (F 3.3) and all documents listed in section 1.9 of thereof.f) Declaration of ethical conduct and noninvolvement in fraudulent and corruption practices

(F.3.4).If any of these documents or information is missing, the offer shall be rejected.

31. Technical evaluation31.1. Offers which have not been rejected in the preliminary examination in accordance

with point IFO30 shall be admitted to the technical evaluation.31.2. The contracting authority shall examine the offers in order to confirm that all

terms and conditions specified in the contract were accepted by the offeror without major deviations or reservations.

31.3. The contracting authority shall evaluate the technical aspects of the offer submitted in order to verify the fulfillment of all requirements specified in section 4-a - Requirements table of the tender documents without essential deviations, errors or omissions.

31.4. If, after examining the terms and conditions and after the technical evaluation, the contracting authority establishes that the offer does not comply with the requirements according to the conditions of paragraph IFO28, the offer shall be rejected.

32. Financial evaluation32.1. Offers which were not rejected during the technical examination under paragraph

IFO31 shall be accepted for financial evaluation.32.2. For financial assessment purposes and comparison of offers, all offer prices

expressed in different currencies (if permitted in accordance with paragraph IFO19.1) shall be converted by the contracting authority in a single currency specified in the ADS, using the established exchange rates of sale, and at the date specified in ADS.

32.3. The contracting authority shall consider the following:a) evaluation shall be performed on lots or positions;b) offer price determined in accordance with paragraph IFO16, including local taxes

applicable in the Republic of Moldova (tariffs, excises etc.) excluding VAT, which would be applied to the contract adjudication;

c) offer value adjustments following arithmetic errors in accordance with point IFO29;d) evaluation factors applicable under the provisions of paragraph IFO32.4;

32.4. Within the financial evaluation, the contracting authority shall consider, in addition to the lowest price offered, one or more criteria relating to the characteristics, performance, terms and conditions of purchase of goods and / or services if this is specified in the ADS.

32.5. In case of not appliance of one or more criteria according to paragraph IFO32.4, the lowest price criterion shall be used.

33. Comparison of offers33.1. The contracting authority shall compare all offers complying with the

requirements in order to determine the most economically advantageous offer in accordance with paragraph IFO32.

34. Post-qualification of the offeror34.1. The contracting authority will determine whether the offeror that was selected as

having submitted the most economically advantageous and appropriate offer is qualified to perform the Contract.

34.2. The qualification assessment shall be based on a thorough examination of the offeror’s qualification documents included in the offer as required by paragraph IFO12, possible clarifications under paragraph IFO27 as well as following the criteria established in paragraphs IFO9, IFO10 and IFO11. Criteria that have not been included in these paragraphs shall not be used in assessing the qualification of the offeror.

34.3. An affirmative appreciation shall constitute the precondition for adjudication of the contract to the respective offeror. A negative appreciation shall lead to the disqualification of the offer, in which case the contracting authority may proceed to the next most economically advantageous offer to make a similar appreciation of the capacity of the offeror in performing the contract.

35. Exclusion of negotiations35.1. No negotiations with the winning offeror or other offeror shall be accepted. The

offeror shall not be required, as a condition for the adjudication of the contract, to undertake responsibilities that were not provided in the tender documents nor to increase the price offered or modify the offer.

36. Disqualification of the offeror36.1. The contracting authority shall disqualify the offeror submitting documents

containing false information with the aim of qualification, or confusing or making false representations in order to demonstrate its compliance with the requirements of qualification. If this is proven, the contracting authority may declare the respective offerer as ineligible for further participation in public procurement contracts by including it in the List of prohibited economic operators for a period of three years.

36.2. The List of prohibited economic operators is an official document issued by the Public Procurement Agency in order to limit the economic operators' participation in public procurement procedures. It is drawn up, updated and maintained by the Agency in accordance with Article 18 of Law No. 96-XVI of April 13, 2007 on public procurement.

36.3. The offeror may be disqualified if it is insolvent, in its respect proceedings of seizure of the patrimony were initiated, is in bankruptcy or in process of liquidation, or if the offeror’s activities are suspended or there is a trial on any of those mentioned.

36.4. The offeror is disqualified in the case of administrative or criminal sanctions application, over the last three years, against persons leading the economic operator in connection with their professional activities or with the submission of false data for the purpose of concluding the contract of public procurement. The offerors shall submit the corresponding information in point 3.3 of the Information on the offer form of Section 3 (F 3.3).

36.5. The offeror is disqualified for failure to pay the taxes and other obligatory payments in accordance with the laws of the country in which it resides. The contracting authority shall require the offerors to demonstrate the authorization to conclude contracts on public procurement, the list of founders and affiliated persons.

36.6. The contracting authority disqualifies the offeror if it finds that it is included in the List of prohibited economic operators.

36.7. The contracting authority does not accept the offer if the offeror does not meet the qualifications.

37. Right of the contracting authority to accept or reject any or all offers37.1. The contracting authority reserves the right to cancel the tender procedures and

reject all offers at any time prior to contract adjudication, if the lack of an effective competition was detected, it is unable to cover all costs, or in cases of nonconformity of offers with the requirements set in the present documentation without obligation to the offerors. The contracting authority shall communicate in writing to all participants in the public procurement procedure, within 3 days from the date of cancellation, both on the cessation of the obligations that they have created by submitting offers, and the reason for cancellation.

F. Contract adjudication

38. Adjudication criterion38.1. The contracting authority shall adjudicate the contract, according to the criteria

established in the ADS, to the offeror whose offer has been evaluated according to the criteria set out in paragraph IFO32.4 and other conditions as having the lowest price or being the most economically advantageous and which complies with the requirements of the tender documentation provided that the offeror is qualified to fulfill the contract.

39. Right of the contracting authority to amend the quantities during adjudication39.1. At the time of contract adjudication, the contracting authority reserves the right to

decrease the amount of goods and / or services originally specified in Section 4-a – Requirements table so that it could fit the allocated funds, but without making any change in the unit price or other terms and conditions of the offer and tender documents.

40. Notification of adjudication40.1. Before the offer validity period expiration, the contracting authority shall notify in

writing the winning offeror on the fact of acceptance of the offer and adjudication of the public procurement contract.

40.2. Along with the presentation by the winning offeror of the signed Contract form (F5.1) and the Good performance guarantee (F5.2) according to paragraph IFO42, the contracting authority shall notify within three days each not winning offeror on the reasons for not accepting their offer and will release the Guarantee for the offer, in accordance with paragraph IFO15.4.

41. Good performance guarantee 41.1. When concluding the contract, but not later than the expiry of the Guarantee for

the offer (if required), the winning offeror shall submit the Good performance guarantee in the amount stipulated by ADS, using for this purpose the Good performance guarantee form (F5.2) included in section 5-a - Contract forms, or another form acceptable by the contracting authority, but which meets the conditions of the form (F5.2).

41.2. The refusal of the winning offeror to submit the Good performance guarantee or to sign the contract shall constitute sufficient grounds for cancellation of the adjudication and retain of the Guarantee for the offer. In this case, the contracting authority may adjudicate the

contract to the next offeror with the most economically advantageous offer, whose offer complies with the requirements and is appreciated by the contracting authority to be qualified in the performance of the contract. In this case, the contracting authority will require all remaining offerors to extend the period of validity of the Guarantee for the offer. At the same time, the contracting authority has the right to reject all other offers.

42. Signing of the contract42.1. With the dispatch of the notification of adjudication, the contracting authority

shall send to the winning offeror the filled Contract form (F5.1) with all the other components of the contract.

42.2. The winning offeror shall sign the contract correspondingly and return it to the contracting authority within the time specified in the ADS.

42.3. Conclusion of the contract may be suspended in the cases referred to in paragraph IFO45.

42.4. In term of up to 5 days after the receipt of the signed contract and the Good execution guarantee (F5.2), the contracting authority shall issue and send the Guarantee for the offer to the winning offeror.

43. Notification of other offerors43.1. The other offerors shall be informed by the contracting authority about the

conclusion of the contract of acquisition only after the winning offeror submits the Good performance guarantee according to paragraph IFO42 and signs the contract according to paragraph IFO43, within 3 calendar days from the decision date of the working group, being indicated the name and contact details of the economic operator with whom the contract was concluded as well as the contract price.

43.2. Following the receipt of the adjudication notification, the other offerors may request in writing from the contracting authority a brief explanation that would contain the reasons why their offers were not selected. The contracting authority shall respond promptly in writing to any not winning offeror requesting an explanation.

44. Right of contesting44.1. Any economic operator who considers that within the procurement procedures,

the contracting authority, through the decision issued or the applied procurement procedure with violation of the law, violated its right recognized by law, in the result of which he suffered or may suffer a prejudice, has the right to appeal the decision or the procedure applied by the contracting authority as established by Law no. 96-XVI of April 13, 2007 on public procurement.

44.2. The contestations shall be submitted directly with the Public Procurement Agency. All contestations shall be filed, examined and settled in the manner prescribed in Articles 71-74 of Law No. 96-XVI of April 13, 2007 on public procurement.

44.3. The economic operator, within 10 calendar days from the date on which it learned about the circumstances that served as basis for the contestation, is entitled to submit with the Public Procurement Agency a justified contestation of the actions, decision or procedure applied by contracting authority.

44.4. The contestations regarding the invitation to participate in the tender and tender documentation shall be submitted until the opening by the contracting authority of packages with offers.

Section 2. Acquisition data sheet (ADS)

The following specifications concerning the goods and services required shall complement, supplement or adjust the provisions of the Instructions for Offerors (IFO) of Part I of the tender documents. In the event of a discrepancy or conflict, the provisions herein shall prevail over the provisions of the IFO.

A. General dispositions

IFO 1.1Contracting authority: IPNA Compania „Teleradio-Moldova”IFO 1.1Object and number of the tender: Movies No. __________IFO 2.1Source of budgetary allocations / public money: state budgetIFO 2.1Payments / financial means from the part of the development partners: „not applicable”IFO 4.5

The next address is for consulting the List of prohibited economic operators: http://www.tender.gov.md/ro/black_list/

IFO 7.1 For clarification of tender documents, the address of the contracting authority is: Address: Republic of Moldova, Chisinau municipality, 1 Miorita str., 1st floor, office 103,

tel.: 022 406 963, fax: 022739451, e-mail: [email protected] Contact person: Baietrau Tatiana - Secretary of the working group

B. Qualification criteria

IFO 10.1(a)The offeror shall have a minimum of 3 years of experience specific in the delivery of

similar goods and / or services.IFO 10.1(b)Minimum production capacity or equipment needed: “not requested”, IFO 11.1(a)The minimum value of an individual contract fulfilled during:“not requested”, IFO 11.1(b)Availability of liquid cash or working capital or credit resources in the amount of minimum:

:“not requested”

C. Preparation of offersIFO 14.1Alternative offers “shall not be” accepted. IFO 15.1 a) The offer shall be accompanied by a Guarantee for the offer (issued by a commercial

bank) in accordance with form F3.2 of Section 3-a - Forms for submitting the offer.


http://www.tender.gov.md/ro/black_list/

or b) The Guarantee for the offer by transfer to the account of the contracting authority

according to the following bank details:

payee: IPNA Compania „Teleradio-Moldova”bank data, Banca de Economii JSC, Branch Office No. 1fiscal code; 1004600050558settlement account; 22,242,014,981,776bank code; BECOMD2X609with the note "Guarantee for the offer" to the open tender No. ______/14 of _______2014

IFO 15.2The guarantee for offer will be in the amount of: „1% of the offer value without VAT.

IFO 16.4Applicable edition of Incoterms and accepted commercial terms are: “Incoterms 2010”

and applicable commercial terms CIP, CPT, DDP

IFO 16.7Method and the conditions of payment are: The payment is made 30% – advance payment within 10 days after signing the contract and

registration at the Public Procurement Agency;70% – after delivery of the goods within 10 days from the receipt of the accompanying

documents;

IFO 17.1The offer validity period shall be 30 days.

IFO 19.1Submission of offers in foreign currency for nonresidents is accepted.IFO 20.1Additionally to the original offer, the number of copies of the offer is: one copy

D. Submission and opening of offers

IFO 12.2 (c)The envelopes shall contain the following additional information: open tender on

acquisition of Movies No. ____ of__________ IPNA Compania „Teleradio-Moldova”

IFO 22.1 For submission of offers, the address of the contracting authority is: Address: Republic of Moldova, Chisinau municipality, 1 Miorita str., 1st floor, office 103,

tel.: 022 406 963, fax: 022739451, e-mail: [email protected] Contact person: Baietrau Tatiana - Secretary of the working groupDeadline for the submission of offers is:Date: [enter the day, momth, year]


Time: [enter the exact time]IFO 25.1Opening of the offers will take place at the following address:Address: Republic of Moldova, MD-2028, Chisinau, 1 Miorita str., 5st floor, meeting roomDate: [enter the day, momth, year]Time: [enter the exact time]

E. Evaluation and comparison of offers

IFO 32.2Prices of offers submitted in other currencies shall be converted into: MDLSource of exchange rate for conversion purpose: NBMThe date for the applicable exchange rate shall be: opening day of the tender.

IFO 32.3Evaluation shall be carried out: on lots, each movie individually

IFO 32.4The economic factors applicable to the evaluation are the following: the compliance with

all mandatory requirements and the lowest price for a minute without VAT

Contract adjudicationIFO 38.1The criterion applied for the adjudication of the contract shall be: the compliance with all

mandatory requirements and the lowest price for a minute without VAT

IFO 41.1The amount of the Good performance guarantee shall be in the amount of 5 percent of the

adjudicated contract price.

IFO 42.2The maximum number of days for the signing and submission of the contract by the

contracting authority: 20 days

Section 3-a. Forms for submitting the offer

The following tables and forms are completed by the offeror and included in the offer.

Form Name

F3.1 Offer formF3.2 Guarantee for the offer - form of the bank guaranteeF3.3 Information on the offer formF3.4 Declaration of ethical conduct and non-involvement in fraudulent and

corruption practices (F3.4)

OFFER FORM (F3.1)

[The offeror shall complete this Form in accordance with the instructions below. No changes to the format of the form are allowed, and no replacements in its text shall be accepted.]

Date: [enter the date of submitting the offer]Tender no.: [enter the tender number/code]Invitation to the tender no.: [enter the number/code of the announcement]Alternative no.: [enter the number/code in case of an alternative offer]To: [enter the full name of the contracting authority]

[enter the name of the offeror] if it declares:

a) The tender documents were examined and there are no reservations regarding them or the amendments no. _______________________ [enter the number and date of each change, if any]

b) [name of the offeror] undertakes to provide / perform, in accordance with the tender documents and conditions stipulated in the technical specifications and price, the following goods and / or services ___________________________________________

[enter a brief description of the goods and / or services]

c) The total price of the offer constitutes: ______________________________________[enter the price per lot (where applicable) and the total of the offer in words and numbers, indicating all sums and the respective currencies]

d) The present offer shall remain valid for the period specified in the Instructions for Offerors, paragraph IFO17.1, starting with the deadline for submitting the offer in accordance with paragraph IFO22.1 it shall remain binding and may be accepted at any time before this period.

e) In case of acceptance of this offer, [name of the offeror] undertakes to obtain a Good performance guarantee in accordance with paragraph IFO41 for the proper execution of the public procurement contract.

f) We are in no conflict of interest in accordance with paragraph IFO4.4.

g) The signatory company, its affiliates or subsidiaries, including any partner or subcontractor which is part of the contract have not been declared ineligible under the provisions of the existing legislation or regulations with an incidence in the public procurement field in accordance with paragraph IFO4.5.

Signed _____________________ [signature of the authorized person for signing the offer]

[the seal of the company shall be applied next to the signature]

Name: ____________________________ [full name of the person signing the offer form]

Acting as: _____________________ [official position of the person signing the offer form]

Offeror: _________________________[full official name of the offeror]

Address: ___________________________ [full official address of the offeror]

Date: _______________________________[enter the date of signing the form]

GUARANTEE FOR THE OFFER (BANK GUARANTEE, F3.2)[The issuing bank shall complete this form of bank guarantee in accordance with the

instructions indicated below. The bank guarantee shall be printed on a sheet with letterhead of the bank, special protected paper.]

_________________________________________________________[Name of the bank and address of the issuing branch or office]

Beneficiary: _____________________ [name and address of the contracting authority]Date: __________________

OFFER GUARANTEE No. ____________[bank name] was informed that [name of the Offeror] (hereinafter “Offeror”) shall make

You an offer on_________ (hereinafter “Offer”) for delivery / provision of _____________ [object of procurement] according to the invitation to the tender no. _______of ______________ 201_ [number and date of the tender].

Upon request of the Offeror, we [name of the bank] hereby irrevocably undertake to pay you any sum or sums that do not exceed in total an amount of [amount in numbers] ([amount in words]) upon receipt by us of your first request in writing, accompanied by a declaration specifying that Offeror violates one or more of its obligations relating to the tender conditions, and namely:

a) has withdrawn the offer during the validity period of the offer or has modified the offer after the deadline for submission of offers; or

b) being notified by the contracting authority in the offer validity period, about the adjudication of the contract: (i) fails or refuses to sign the contract form; (ii) does not accept the correction of arithmetic errors carried out by the working group, errors detected in the offer during its examination; or (iii) fails or refuses to submit the Good performance guarantee if required under the terms of the tender or fails to perform any conditions specified in the tender documents before signing the procurement.

This guarantee shall expire in the event of one of the following situations:a) the Offeror becomes the winning Offeror upon receipt by us of the copy of notification

of contract adjudication and after issuing the Good performance guarantees issued to you at the request the Offeror; or

b) the Offeror becomes the winning Offeror, either upon the receipt by us of the copy of your notification on the name of another the winning Offeror; or at the end of the period of thirty days after the expiry of the offer submitted by the Offeror in the tender.

Therefore, any requests or payment under this guarantee must be received by us at the office until the date inclusive.

This guarantee is valid until the date of ______________________.

_______________________________[authorized signature of the bank]

INFORMATION ON THE OFFER FORM (F3.3)[The offeror shall complete this Form in accordance with the instructions below. No

changes to the format of the form are allowed, and no replacements in its text shall be accepted.]

Date: ________________

Number of the tender: ___________ Page __ of __

A. Individual offerors

1. General information

1.1. Legal names of the offeror

1.2. Legal address of the offeror in the country of registration

1.3. Legal status of the offeror

Propriety

Legal form of organization

Other

1.4. Year of registration of the offeror

1.5. Business status of the offeror

Manufacturer

Local Agent / Distributor of the foreign manufacturer

Intermediary

Company for warehouse

Other

1.6. Information on the authorized representative of the offeror

Name

Workplace and position

Address

Telephone / Fax

E-mail

1.7. VAT registration number

1.8. Identification number of the offeror for the income tax (for foreign offerors)

1.9. The offeror shall attach copies of the following documents:

Mandatory documents:

a) Certificate of company registration– copy – issued by the authorized body in the country (State Registration Chamber, Ministry of Information Development), confirmed by the signature and stamp of the Participant;

b) Certificate of bank account assignment – copy – issued by the bank holding the account;

c) Certificate of systematic performance of payment of taxes, contributions – copy – issued by the Fiscal Inspectorate and other competent bodies in the country of the participant (certificate validity - as required by the Fiscal Inspectorate of the Republic of Moldova or other body - for non-residents);

d) Last financial report - copy - confirmed by the signature and stamp of the Participant;

e) Declaration of ethical conduct and non involvement in fraudulent and corruption practices (F3.4);

f) List of founders (name, personal code);

g) Data on the participant

h) Letter of guarantee would confirm the fact of - not granting of the right to broadcast movies and series to other persons, TV studios and stations (broadcast and cable) on the territory of the Republic of Moldova, which interfere the emission area of the Company;

i) Certificate that would confirm the delivery of the original version of the movie printed

on Betacam-SP tapes or DVD.avi files and the texts in the original language, Romanian or Russian.

j) Certificate issued by the holder of the rights over the production offered in the favor of participating company for IPNA Compania „Teleradio-Moldova.

Optional documents presented obligatorily only upon subsequent request:

a) Certificate confirming the non existence of criminal penalties (criminal record) against the officials of the Participant - issued by the Ministry of Internal Affairs, which provides information on non existence of criminal penalties during the last three years;

b) Certificate confirming the non existence of administrative and disciplinary penalties (criminal record) against the officials of the Participant - issued by the Participant, which provides information on non existence of administrative and disciplinary penalties during the last three years;

c) Certificate confirming the methods and criteria of calculating the price - original - issued by the Participant;

d) Copy of reference standards for the goods and services offered, confirmed by the signature and seal of the Participant;

e) Recommendations – original;

2. Qualification information

2.1. Number of years of general experience of the offeror in delivery of goods and services

2.1. Number of years of specific experience of the offeror in the delivery / provision of similar goods and / or services

2.2. Monetary value of deliveries of similar goods during the period referred to in IFO 11.1 (a)

“Not applicable”,

2.3 The availability of financial resources (cash money or working capital or credit resources, extract from the bank account etc.). List and attach copies of supporting documents.

“Not applicable”

2.4 Details regarding the production capacity / available equipment

“Not applicable”,

3. Financial information

3.1. Financial reports or extracts from the financial balance sheet or statements of profit / losses or auditors’ reports for the last year of activity. List and attach copies.

3.2. Name, address, telephone and fax numbers of banks that can provide features about the offeror in case of contacting by the contracting authority

3.3. Information on litigations in which the offeror is or has been involved:

a) Any trial during the last three years:

Cause of litigation Result or sentence and the amount involved

b) Current trials, during the current fiscal year:

Cause of litigation Current status of the trial

B. Individual partners of the Association

4.1. Each partner of the Association shall submit all information requested in the form above, in compartments 1-3.

4.2. Attach the proxy / power of attorney for each authorized signatory of the offer on behalf of the Association.

4.3. Attach the signed agreement between all the partners of the Association (which shall be

legally binding for all partners).

DECLARATION OF ETHICAL CONDUCT AND NON INVOLVEMENT IN FRAUDULENT AND CORRUPTION PRACTICES (F3.4)

[The offeror shall sign and include this statement in the submitted offer. The signed declaration shall also be included in the contracts of the winning offerors. No changes to the format of the form are allowed, and no replacements in its text shall be accepted.]

Date: ________________Number of the tender: ___________ To: __________________________

[name of the offeror] hereby confirms that:

1. None of our employees, companions, agencies, shareholders, consultants, partners or their relatives or associates has a relationship that could be considered as a conflict of interest, as specified in the tender documents, paragraph IFO4.

2. Shall we find out about a potential conflict, we will immediately report that information to the contracting authority.

3. None of our employees, companions, agencies, shareholders, consultants, partners or their relatives or associates was involved in practices of corruption, fraud, collusion, constraint or other anti-competitive practices in the process of preparation of the offer within the present tender, as specified in the tender documents, paragraph IFO8.

4. In respect to the respective procedure of tendering and any contract that will possibly be adjudicated to us, as a result thereof, there had been, nor will be made no payments to our employees, companions, agencies, shareholders, consultants, partners or their relatives who are involved in the public procurement, contract implementation and approval of contractual payments on behalf of the contracting authority.

Signed: _____________________________ Name: ________________________________ Position within the company: ____________________________ Company name and seal: __________________________

Section 4 - a. Requirements table

The following tables and forms shall be completed by the offeror and included in the offer. In the event of a discrepancy or conflict related with the text of the IFO, the provisions below shall prevail over the provisions of the IFO.

Form Name

F4.1 List of goods and schedule of delivery

F4.3 Technical specifications and price

LIST OF GOODS AND DELIVERY SCHEDULE (F4.1)[This table will be completed by the contracting authority, except column 9]

Tender number: Date: Alternative nr.Tender name: Lot: Page __of __No. CPV code Requested goods Quantity Unit of

measurementpcs.

Place of final destination

(according to IFO)

Delivery dateEarliest

delivery datedays

Latest delivery date

days

Delivery date of the offeror

[indicated by the offeror]

1 2 3 4 5 6 7 8 9

LOT no. 1

1 32354000-9

Documentary school age (wildlife, cognitive, etc.) 22-26 min/episode

52 episodes IPNA CTRM 25 30

LOT no.2

1 32354000-9

Documentary (lifestyle, traveling, etc.) 44-52 min /episode


LOT no. 3

1 32354000-9

Series / Miniseries (comedy, drama, detective, of period) 44-60 min/episode


Signed:_______________ Name, last name:_____________________ Acting as: ________________ Offeror: _______________________ Address: _______________________

TECHNICAL SPECIFICATIONS AND PRICE (F4.3)This table will be completed by the offeror in columns 3, 4, 5, 9, 10, 11, 12 and 13, and by the contracting authority– in columns 1, 2, 6, 7, 8 and 14]

Tender number: Date: Alternative nr.Tender name: Lot: Page __of __

CPV code

Name of the goods Production year

Country of

origin

Manufacturer

Unit of measure

ment

Quantity Full required technical specification

Full technical specification proposed by

the offeror[to be completed lini by

line with all requirements in column 8]

Price 1 minute (excl. VAT)

Price 1 minute (incl. VAT)

Amount excl. VAT

Amount inc. VAT

Reference standards

1 2 3 4 5 6 7 8 9 10 11 12 13 14

LOT no. 1

3235

4000

-9

Documentary school age (wildlife, cognitive, etc.) 22-26 min/episode

episodes 52 Episodes of 22-26 minutes

LOT no.2

3235

4000

-9

Documentary (lifestyle, traveling, etc.) 44-52 min /episode


LOT no. 3

3235

4000

-9 Series / Miniseries (comedy, drama, detective, of period) 44-60 min/episode


Signed:_______________ Name, last name:_____________________ Acting as: ________________ Offeror: _______________________ Address: _______________________

Section 5 - a. Contract form

MODEL CONTRACT (F5.1)

PUBLIC PROCUREMENT

CONTRACT No. _____________of procurement __________________________________________________________________________________________________________________________________CPV code: _____________________ ”___” ___________ 201__ __________________

[locality]_______________________________________________________________________

Supplier of goods/ Provider of services Contracting authority___________________________________ ,(full name of the company, association, organization)represented by_______________________, (position, name, surname) acting by virtue of_________________ ___________, (statute, regulation, decision, etc.)hereinafter Seller / provider ___________________________________ ,(indicate no. and date of registration in the State Register)

on the one part,

____________________________________,(full name of the company, association, organization)represented by_______________________, (position, name, surname) acting by virtue of_________________________, (statute, regulation, decision, etc.)Hereinafter Buyer / beneficiary,

on the other part,

both (hereinafter referred to as Parties) have concluded the present Contract on the following:

1. Procurement of ___________________________________________________,(name of the good, service)

hereinafter Goods (and / or services), in accordance with _______________________, (procurement procedure)

based on the decision of the working group of the Buyer / beneficiary of “__” __________ 201__.

2. The following documents shall be considered integral parts of the Contract:

a) Contract form;

b) Technical specification and price;c) List of goods / services and the schedule of delivery / provision,

3. The present Contract shall prevail over all other component documents. In case of any discrepancies or inconsistencies between the component documents of the Contract, the documents shall have the priority order mentioned above.

4. As counter value for the payments to be made by the Buyer / beneficiary, the Seller / provider hereby undertakes to deliver to the Buyer / beneficiary Goods and / or Services and remove their defects in accordance with the provisions of the Contract in all aspects.

5. The Buyer / beneficiary hereby undertakes to pay the Seller / provider, as counter value for the delivery of Goods and Services, and for the removal of their defects, the Contract price or any other amount which may become payable under the Contract within the period and manner established by the Contract.

SPECIAL CONDITIONS

1. Object of the Contract

1.1. The Seller / provider undertakes to deliver the Goods and / or provide Services in accordance with the Specification, which is an integral part of this Contract.

1.2. The Buyer / beneficiary undertakes, in turn, to pay and receive the Goods and / or Services provided by the Seller.

1.3. The quality of Goods and / or Services is attested through quality certificates indicated in Specification. The Goods delivered and / or Services provided under the Contract shall comply with the standards specified in the Specification. Shall there be no standard or applicable regulation mentioned, then the standards or other regulations authorized in the country of origin are to be observed.

2. Terms and conditions of delivery / supply

2.1. The delivery of Goods and / or supply of Services shall be performed by the Seller within the period provided in the delivery schedule.

2.2. The accompanying documentation of Goods and / or Services includes:a) Originals of fiscal invoices;b) Delivery disposal;2.3. Date of delivery of the Goods and / or supply of Services is considered the date of

perfecting of the fiscal invoice and its receipt by the Buyer.

3. Contract price and payment conditions3.1. The price of the Goods and / or Services delivered under this Contract is set in

MDL, being indicated in the Specification of this Contract.3.2. The total amount of this Contract, including VAT, is determined in MDL and

constitutes: _________________________________ MDL.(amount with numbers and letters)

3.3. The payment for the delivered Goods and / or Services shall be made in MDL.3.4. The method and conditions of payment by the Buyer are:

The payment is made: 30% - advance payment within 10 days after signing the Contract and registration at the Public Procurement Agency;70% - after the delivery of the Goods within 10 days from the receipt of the supporting documents;3.5. Payments shall be made by bank transfer to the account of the Seller specified in

this Contract.

4. Conditions for delivery - acceptance4.1. The Goods and / or Services shall be deemed delivered by the Seller and accepted

by the Buyer [recipient if applicable] if:a) the quantity of Goods and / or Services corresponds to the information specified in the

List of the goods / services and the schedule of delivery / supply and supporting documents according to Section 2.2 of this Contract;

b) the quantity of Goods and / or Services corresponds to the information specified in the Specification;

c) the packaging and integrity of the Goods corresponds to the information specified in the Specification.

4.2. The Seller is required to submit to the Buyer an original copy of the fiscal invoice along with the delivery of Goods and / or supply of Services, to make the payment. Shall the Seller fail to observe this clause, reserves the Buyer the right to increase the payment term set out in section 3.4 corresponding to the number of days of delay and to be exonerated from paying the penalty set out in section 9.9.

5. Standards5.1. The goods supplied under the Contract shall comply with the standards set by the

Provider in its technical proposal.5.2. Shall there be no standard or applicable regulation mentioned, then the standards

or other regulations authorized in the country of origin are to be observed.

6. Obligations of the Parties6.1. Under this Contract, the Seller undertakes:a) to deliver the Goods and / or provide the Services under the conditions of this Contract;b) to notify the Buyer after signature of this Contract, within 5 calendar days by phone / fax

or authorized telegram about the availability of delivery of Goods and / or supply of Services;

c) to ensure the appropriate conditions for the reception of the Goods and / or Services by the Buyer [recipient, as applicable] within the specified period, in accordance with the requirements of this the Contract;

d) to ensure the integrity and quality of the Goods and / or Services throughout the period before their receipt by the Buyer [recipient, as applicable].

6.2. Under this Contract, the Buyer undertakes:a) to take all necessary measures to ensure the receipt within the prescribed period of the

Goods delivered and / or Services provided in accordance with the requirements of this Contract;

b) to ensure the payment of the delivered Goods and / or Services, respecting the rules and terms specified in this Contract.

7. Force majeure7.1. The Parties shall be exempted from liability for full or partial failure to fulfill the

obligations under this Contract, if this is caused by the occurrence of force majeure (war, natural disasters: fires, floods, earthquakes, and other circumstances that do not depend on the will of the Parties).

7.2. The Party invoking the force majeure clause is obliged to immediately inform (but not later than 10 days) the other Party of the occurrence of force majeure circumstances.

7.3. The occurrence of force majeure circumstances, the beginning moment and action term must be confirmed through a certificate issued by the competent body from the country of the Party invoking such circumstances.

8. Termination of the Contract8.1. The termination of the Contract can be done by mutual agreement of the Parties.8.2. The Contract may be terminated unilaterally by:a) the Buyer in the event of refusal of the Seller to deliver the Goods and / or Services

referred to in this Contract;b) the Buyer in the event the Seller does not respect the established delivery / provision

deadlines;c) the Seller in the event the Buyer does not respect the term for payment of the Goods /

Services;d) the Seller or Buyer in the event one of the Parties does not satisfy the claims submitted

under this Contract.8.3. The Party initiating the termination of the Contract is required to communicate

within 5 working days the other Party about its intentions in a motivated letter.8.4. The notified Party is required to answer within 5 working days after the receipt of

the notification. In the event the dispute is not resolved within the time established, the initiating Party is entitled to present the relevant documents with the Public Procurement Agency for the registration of termination declaration.

9. Reclamations and Sanctions9.1. The reclamations regarding the quantity of the delivered Goods or Services shall

be submitted to the Seller / Provider at the time of receipt, being confirmed through an act drawn up jointly with the representative of the Seller / Provider.

9.2. The reclamations regarding the quantity of the delivered Goods or Services shall be submitted to the Seller / Provider within 5 working days from the detection of quality deficiencies and must be confirmed through a certificate issued by a neutral and independent organization authorized to do so.

9.3. The Seller shall be obliged to examine the reclamations submitted within 5 working days from their receipt and to inform the Buyer about its decision.

9.4. In case of recognition of reclamations, the Seller shall be obliged within 5 days to additionally deliver / provide to the Buyer the undelivered quantity of Goods and / or Services, and in case of finding inadequate quality - to replace them or correct them in accordance with the requirements of the Contract.

9.5. The Seller bears responsibility for the quality of the Goods and / or Services within the set limits, including for hidden defects.

9.6. In case of deviations from the quality confirmed by the certificate of quality issued by a neutral and independent organization authorized to do so, the expenses for stationing or delay shall be covered by the guilty party.

9.7. For refusal of selling the Goods under this the Contract, the Seller shall bear a penalty in the amount of 5% of the total Contract value.

9.8. For late delivery of the Goods, the Seller bears full liability amounting to 0.1% of the Goods delivered for each day of delay, but not more than 5% of the total amount of this Contract.

9.9. For late payment, the Buyer bears full liability amounting to 0.1% of the unpaid Goods for each day of delay, but not more than 5% of the total amount of this Contract

10. Intellectual Property Rights10.1. The Seller shall compensate the Buyer against any:a) claims and legal actions resulting from the infringement of the intellectual property rights

(patents, names, trademarks, etc.), related to the equipment, materials, facilities or equipment used for or in connection with the products purchased; and

b) liquidated damages, costs, charges and expenses of any kind, related, except where such infringement results from the compliance with the Specification issued by the buyer.

11. Final dispositions11.1. Disputes that may arise under this Contract shall be settled amicably by the

Parties. Otherwise, they shall be submitted for examination with the competent court according to the Moldovan legislation.

11.2. From the date of signature of this Contract, all prior negotiations and executed documents become invalid.

11.3. The contracting parties are entitled, during the contract implementation, to agree on the amendment of the Contract clauses, through an additional document, only in the event of circumstances that affect their commercial interests and which could not be foreseen at the moment of conclusion of the Contract. The amendments and additions to the present Contract shall be valid only if they were made in writing and signed by both Parties.

11.4. Neither Party is entitled to transfer its duties and rights under this Contract to third parties without written consent of the other Party.

11.5. The present Contract is drawn up in three copies in the state language of the Republic of Moldova, by one copy to the Seller, the Buyer and the Public Procurement Agency.

11.6. The present Contract is considered concluded upon signature and shall enter into force after its registration by the Public Procurement Agency and, where applicable, by the State Treasury or by one of the territorial treasuries of the Ministry of Finance, being valid until December 13, 2014.

11.7. The present Contract represents the agreement of both parties and is signed today, "____" _________ 20__.

For confirmation of the above, the Parties have signed this Contract in accordance with the laws of the Republic of Moldova, on the day and year indicated above.

Legal, postal and bank data of the Parties:

Seller / provider Buyer / beneficiary

Mailing address: Mailing address:Telephone: Telephone:Settlement account: Settlement account:Bank: Bank:Mailing address of the bank: Mailing address of the bank:Code: Code:Fiscal code: Fiscal code:

Signatures of the Parties

Authorized signature: Authorized signature: S.P. S.P.

GOOD PERFORMANCE GUARANTEE (F5.2)

[the commercial bank shall complete this form, upon request of the winning offerer, on headed paper, in accordance with the instructions below]

Date: _______________________Number and name of the tender _______________________

Bank office: [enter the full name of the guarantor]Beneficiary: [enter the full name of the contracting authority]

GOOD PERFORMANCE GUARANTEE No. ___________We, [enter the legal name and address of the bank], were informed that the company [enter the full name of the Provider] (hereinafter “Provider”), was granted the Contract for public procurement of delivery / provision ______________[object of procurement, describe the goods and services] according to the invitation to tender no. __ of ____________ 201_ [number and name of the tender] (hereinafter “Contract”)

Therefore, we understand that the Provider must submit a Good performance guarantee in accordance with the tender documents.

Following the request of the Provider, we hereby irrevocably undertake to pay you any sum or sums that do not exceed [enter the amount in numbers1 and with letters] upon receipt by us of your first request in writing, accompanied by a declaration specifying that the Provider violates one or more of its obligations under the Contract, without discussion or clarification and without the need to prove or show grounds or reasons for your request or the sum specified therein.

This Guarantee shall expire no later than [enter the number] from [enter the month] [enter the year]2 and any demand for payment related to it must be received by us at the office until that date.

[signatures of authorized representatives of the bank and the Provider]

1 The Bank shall enter the amount (s) specified in Special Conditions of the Contract (SCC) and denominated, as specified in SCC in the currency (s) of the Contract or in a freely convertible currency acceptable to the contracting authority.2 The contracting authority must take into account situations when in case of extension of the period of execution of the Contract, it would need to request an extension of this guarantee from the bank also. Such a request must be in writing and made before the expiry of the date set in the guarantee. When preparing this Guarantee, the contracting authority might consider adding the following text to the form, at the end of the penultimate paragraph:"We agree with a single extension of this Guarantee for a period not exceeding [six months] [one year], as a response to the request in writing of the contracting authority for such an extension, and such a request will be presented to us before the expiry of this guarantee."

TRM 01 04 2014

Documents

Transcript of TRM 01 04 2014