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APPROVED BYthe Director of the Department of

Technical Regulation and Accreditationof the Eurasian Economic Commission

__________________V.B. Boitsov“___” ___________________2013

NOTIFICATION

ON AN OPEN TENDER HELD TO AWARD A CONTRACTFOR THE RESEARCH PROJECT TO BE OFFICIALLY USED BY THE EURASIAN

ECONOMIC COMMISSION ON THE TOPIC AS FOLLOWS:“DEVELOPING A CUSTOMS UNION TECHNICAL REGULATION ON SAFETY OF

CHILDREN’S PLAYGROUND EQUIPMENT”

Moscow2013

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CONTENTS

Section number Section title Page No.

Section I: General............................................................................................................................3Section II. Technical specification requirements for the research project.....................................14Section III. Exemplary forms included in an open tender bid to be filled in by bidders...............18SECTION IV. DRAFT CONTRACT...........................................................................................29

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Section I: GeneralThis open tender shall be held in accordance with the Provisions on the Procurement

Process and Conclusion of Contracts for Supplies, Works and Services Required by the Eurasian Economic Commission as approved by Resolution No. 5 of the Eurasian Economic Commission’s Council dated 25 January 2012.

1. Purchase method: open tender.

2. Official web-site for procurement notifications:

http//www.eurasiancommission.org (hereinafter referred to as the Commission’s official web-site).

3. Call for bids deadline: Bids shall be called for till June 5, 2013, 11.00 a.m. Moscow time.

4. Name, location, postal address, e-mail address, and contact phone number

Contract Giver: International Organization Eurasian Economic Commission (hereinafter – the Commission)

Postal address: build. 1, 3/5 Smolenskiy Blvd., 119121, MoscowLocation address: build. 1, 3/5 Smolenskiy Blvd., 119121, MoscowE-mail: [email protected] phone number: (495) 669-24-00 (51-58)Contact person: Bondarenko Svetlana Alexeyevna, a counselor at the Department for

Coordination of Harmonization of Sectorial Technical Regulation Systems

Business hours: from 9 a.m. till 6 p.m. (Monday to Thursday), from 9 a.m. till 5.45 p.m. (on Friday), Moscow time

Department arranging and holding the open tender – Department of Technical Regulation and Accreditation

5. Tender type and subject: It is an open tender to award a contract for the research project to be officially used by the Eurasian Economic Commission on the topic as follows: “Developing a Customs Union Technical Regulation on Safety of Children’s Playground Equipment.”

6. Bidders: Bids under the procurement process can be made by legal entities and citizens-unincorporated entrepreneurs, provided those meet eligibility requirements as specified by the Eurasian Economic Commission.

7. Terms, location and procedure of open tender notice: The open tender notice shall be made available to interested persons via the Commission’s official web-site.

8. Research project location, terms and conditions

The research project (hereinafter − R&D) location shall be at the Contractor’s location address.

R&D results shall be presented at the following address: International Organization Eurasian Economic Commission, build.1, 12 Yakovoapostolskiy Lane, 105064, Moscow.

The R&D which is the subject of this open tender shall be carried out based on research technical specification requirements.

The R&D terms as set forth in the contract shall be till December 20, 2013.

9. Initial (maximum) contract price: 4,800,000 (Four million eight hundred thousand) rubles 00 kopecks, VAT 0%.

Based on subclause 11, clause 1, article 164 of the Russian Federation Tax Code, Article 5 of the Agreement between the Russian Federation Government and the Eurasian Economic Commission on Terms of Residence of the Eurasian Economic Commission in the Russian

mailto:[email protected]

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Federation, dated June 8, 2012, Russian Federation Government Decree No. 455 dated July 22, 2006 On Approval of Rules concerning Application of 0% Value Added Tax Rate when Selling Goods (Works, Services) Intended for Official Use by International Organizations and their Representative Offices Operating in the Russian Federation, and Order No. 4938/33n of the Russian Federation Ministry of Foreign Affairs and Finance Ministry dated April 9, 2007 On Approving a List of International Organizations and their Representative Offices Operating in the Russian Federation Entitled to Apply 0% Value Added Tax Rate to Goods (Works, Services) Sold for their Official Use (as amended by Order No. 20346/147n of the Russian Federation Ministry of Foreign Affairs and Finance Ministry dated November 20, 2012), value added tax rate applied to goods (works, services) sold for official use by the Eurasian Economic Commission shall be 0%.

The contract price shall remain fixed and cannot be changed in the course of performance hereunder, except in cases as follows:

The Contract Giver shall be entitled to change the scope of R&D activities hereunder by up to 20% in the course of performance, subject to previous agreement with the Contractor, should demand for R&D activities constituting the subject of the contract change or should there arise a need to cover an additional scope of R&D activities not covered by the contract, but associated with the R&D activities as specified herein. In connection with either an additional scope of such activities to be carried out or with a reduction in the scope thereof, the Contract Giver shall be entitled to change the initial price of this contract proportionate to the scope of such activities actually carried out, but not more than by 20%.

Any changes of the contract price which are not associated with changes in the scope of R&D activities shall not be allowed.

Expansion of the scope of R&D activities to be carried out without changing the total contract price or any other contract essentials shall not be restricted.

10. Source of financing, form, terms and procedure of R&D payments

R&D activities under the contract shall be financed from the Commission’s budget.Payments shall be made as non-cash settlements based on an original work acceptance act

as each consecutive work stage is completed and accepted, within ten working days from the date when the Contract Giver signs the respective work acceptance act.

11. Contract price formation procedure: the initial (maximum) contract price shall be formed in accordance with the Methodology for Setting a Research Contract Initial (Maximum) Price as approved by Order No. 231 of the Chairman of the Eurasian Economic Commission Board dated July 27, 2012.

12. Explanations on open tender documentationBidders should study the open tender notice, including all the supplements. Failure to

submit all the data as required in the open tender notice, data misrepresentation or submission of an open tender bid incompliant with the requirements as set forth in the open tender notice will result in the open tender bid rejection.

A bidder who wishes to be given explanations on the open tender notice can submit to the Contract Giver a written request, asking to explain the open tender notice provisions.

The Contract Giver shall be obliged, within two working days from the receipt thereof, provide for a written explanation on the open tender notice provisions, provided the request was received by the Contract Giver, at least, three working days before the bidding deadline. Within one working day from the date when the respective explanations on the open tender notice provisions are sent to the requesting bidder, the Contract Giver shall also be obliged to make those available via the Commission’s official web-site, indicating the subject of the request, but giving no details on requesting bidder. Explanations on the open tender notice provisions shall not change the essence thereof.

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13. Amending the open tender notice and renouncing the open tender procedureThe Contract Giver shall be entitled to make amendments to the open tender notice, but

not later than three working days before the bidding deadline. Within one working day, once the respective decision is taken, the Contract Giver shall make any such amendments available via the Commission’s official web-site, taken that whenever any such amendments to the open tender notice require additional documents to be prepared, the bidding period shall be extended so that, once the amendments are made available via the web-site, bidders would have, at least, five working days before the bidding deadline.

Whenever amendments made to the open tender notice require no additional documents to be prepared, the bidding period shall not be extended.

The Contract Giver uploading the open tender notice onto the Commission’s official web-site shall be entitled to renounce the open tender procedure, advising thereof, at least, three working days before the open tender bidding deadline.

Bidders shall have to monitor any open tender amendments and explanations via the Commission’s official web-site.

14. Bidder eligibility requirements1) a legal entity bidder shall not be under liquidation proceedings and no judgments

shall be made by a court or any other competent authority in the country of residence of the legal entity or the citizen-unincorporated entrepreneur, recognizing the bidder bankrupt or initiating winding up proceedings;

2) bidder’s operations shall not be suspended as stipulated by the government in the country of residence of the legal entity or the citizen-unincorporated entrepreneur as of the submission date of the respective open tender bid;

3) bidders as well as their authorized representatives shall be legally competent to conclude the contract;

4) bidders shall have exclusive intellectual property rights in case the Contract Giver is to acquire any such rights under the contract;

5) bidder’s staff shall have sufficient professional and technical qualifications (required education);

6) availability of sufficient financial resources to provide for contract execution: bidders shall have no liabilities in connection with taxes, dues charged and any other obligatory assignments to budgets of any level whatsoever or to state non-budget funds over the last reporting period; also, bidders shall submit data on the book value of their assets based on their accounting statements over the last complete reporting period as established in the country of residence of the legal entity or citizen-unincorporated entrepreneur. A bidder shall be eligible under this requirement in case it has appealed against the above liabilities as stipulated in the legislation of the country of its residence, but, as of the bid consideration date, no judgment has been announced concerning the appeal;

7) availability of equipment and other material resources as required to execute the contract;

8) availability of labour resources as required executing the contract.

15. Documents to be included in an open tender bid1) an open tender bid (Form No. 2, Section III);2) data and documents on the bidder submitting the bid;a) commercial name (name), form of incorporation, location, postal address (for a

legal entity), name, surname, patronymic, passport details, residence data (for a citizen-unincorporated entrepreneur), contact phone number (Form No. 6, Section III);

b) an extract from the unified state register of legal entities or a notarized copy thereof (for a legal person) issued less than six months before the date when the open tender notice appeared on the Commission’s official web-site; an extract from the unified state register of individual entrepreneurs or a notarized copy thereof (for a citizen-unincorporated

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entrepreneur, including foreign citizens) issued less than six months before the date when the open tender notice appeared on the Commission’s official web-site; Russian translation of foreign citizens’ state registration documents certified in accordance with the legislation of the Russian Federation, the Republic of Belarus or Kazakhstan as well as an extract from the state register of foreign legal entities’ branches accredited in the Russian Federation issued less than six months before the date when the open tender notice appeared on the Commission’s official web-site.

c) a document authorizing a person to act on behalf of a legal entity bidder (a copy of an appointment or an election decision or that of an order appointing an individual to the respective position and authorizing them to act on behalf of the bidder without a power of attorney (hereinafter referred to as the Head)). In case a bidder is represented by another person, the open tender bid shall also contain either a power of attorney authorizing the person to act on bidder’s behalf, certified with the bidder’s seal (for a legal entity) and signed by the bidder’s head or any other signor authorized by the head, or a notarized copy thereof. In case the said power of attorney is signed by a person authorized by the bidder’s head, the open tender bid shall contain a document evidencing the person’s authorities (Form No. 7, Section III);

d) copies of bidder’s constituent documents (for a legal entity);e) a copy of the state registration certificate;f) a copy of the tax registration certificate;g) a balance sheet for the last reporting period certified by the tax authorities and

with the company’s seal and the head’s signature;h) a copy of the tax authorities certificate, confirming that the bidder has no

liabilities in connection with charged taxes, dues and other obligatory assignments to budgets of any level whatsoever or state non-budget funds, issued less than two months before the open tender notice appeared on the Commission’s official web-site;

i) data on the company’s structure (staff size, structural subdivisions, and etc.);j) documents confirming bidder’s competence (copies of diplomas awarding Cand.

Sc and PhD titles and other documents confirming R&D executors’ qualifications, copies of acceptance acts under executed contracts, and etc.) (attach to Form No. 4, Section III);

3) Bidder’s proposals as to execution of the contract provisions based on which open tender bids are evaluated (Form No. 5, Section III);

4) Proposals as to the R&D quality and any other contract execution proposals (Form No. 3, Section III);

5) Bidder’s competence data (Form No. 4, Section III);6) Any other documents submitted at the bidder’s discretion.A bidder can be excluded from the open tender procedure at any time before the contract

conclusion, should the Contract Giver discover any misrepresentations (including omissions and inconsistencies) in its competence data.

16. SubcontractingThe contract implies personal execution of R&D activities by the Contractor, while the

latter shall be entitled to employ third person for the purposes of the contract execution subject to previous Contract Giver’s consent.

17. Expenses in connection with preparing an open tender bidAll the expenses in connection with preparing an open tender bid and the bidding

procedure shall be borne by bidders proper. The Contract Giver shall not be responsible or liable for any such expenses whatsoever.

18. Bidding procedure and locationOpen tender bids shall be submitted from the date when the respective open tender notice

appears on the Commission’s official web-site on week days, from 10 a.m. till 4.30 p.m., at the address: build. 1, 12 Yakovoapostolskiy Lane, Moscow, and immediately before the bid opening procedure.

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Open tender bids sent by post and received by the Contract Giver after the bid opening procedure deadline shall be considered as arriving late. When sending an open tender bid by post, bidders shall assume the risk of the open tender bid delivered to a wrong address, after the bid opening procedure deadline and the risk of it considered as arriving late.

Envelopes with open tender bids received by the Contract Giver after the bid opening procedure deadline shall be opened (in case envelopes have no bidder’s postal address on it), with both envelopes and bids then returned to bidders together with an appropriate notification.

19. Bid opening location, date and procedureThe bid opening procedure shall be held under the supervision of the Contract Giver’s

bidding commission at 11 a.m. Moscow time on 5 June 2013 at the following address: build. 1, 12 Yakovoapostolskiy Lane, Moscow.

On the day, at the time and at the location as specified in the open tender notice, the bidding commission shall publicly open envelopes with open tender bids, the opening sequence corresponding to that of bid delivery dates as recorded in the Open Tender Bid Log which lists all the bids received by the Contract Giver before the bid opening procedure deadline.

On the bid opening day, immediately before the envelopes are opened, in any case not before the time specified in the open tender notice, the Contract Giver’s bidding commission (hereinafter – the bidding commission) shall declare in the presence of bid opening procedure attendees that open tender bids can be submitted, amended or withdrawn before envelopes are opened.

When opening bid envelopes, the bidding commission shall announce the following: the name (for a legal person), the postal address of each bidder whose bid envelope is opened, availability of data and documents as specified in the open tender notice, contract execution terms which are specified in bids and are to be used as evaluation criteria. The said data shall be recorded in the bid opening protocol.

Bidders submitting open tender bids or their representatives shall be entitled to attend the bid opening procedure. Attending bidders’ representatives shall have to provide a document authorizing them to attend the bid opening procedure (a power of attorney). Bidders’ representatives shall also have to order a permission of entry into the Eurasian Economic Commission’s building in advance (one day before).

Bidders’ representatives attending the bid opening procedure shall sign off in the Register of Bidders’ Representatives, which is attached to the bid opening protocol.

The bid opening protocol under the open tender shall be executed by the secretary of the bidding commission and signed by all the attending bidding commission members and the Contract Giver’s representatives once bid envelopes are opened. The Contract Giver shall make the said protocol available via the Commission’s official web-site within three working days from its sign-off date.

In case, upon expiration of the bidding period, there is only one open tender bid available, the bidding commission shall consider the bid as stipulated in the open tender notice.

20. Amending and withdrawing open tender bidsA bidder submitting an open tender bid shall be entitled to amend or withdraw it at any

time before open tender bid envelopes are opened by the bidding commission by means of advising the Contract Giver thereof before the bidding deadline. Once the first open tender bid envelope is opened any amendments to open tender bids or withdrawals thereof shall not be possible.

Bid amendments shall be executed and sealed in accordance with clause 21 of this section. The envelope containing the respective documentation package shall be marked as “AMENDMENT TO THE OPEN TENDER BID (open tender title), registration No.___” and shall be submitted to the Contract Giver before envelopes with open tender bids are opened by the bidding commission.

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A bidder wishing to withdraw its open tender bid can notify the Contract Giver thereof in writing before the bid opening and orally – at the bid opening session of the bidding commission before envelopes with open tender bids are opened. The written notification shall always contain the name and the postal address of the withdrawing bidder. The withdrawn open tender bid shall be returned to the respective bidder either via its duly authorized representative attending the bid opening procedure or shall be sent back to the bidder by post within three working days, unless otherwise requested in the bidder’s notification.

21. Open tender bid execution requirementsA bidder shall submit an open tender bid in written form in a sealed envelope. The open

tender bid shall be executed, using the forms as provided in Section III of the open tender notice.A written open tender bid to be submitted by a bidder shall be executed as follows:The bidder shall execute one original copy of the open tender bid, with all the pages

thereof bound and numbered. The open tender bid shall contain a list of documents included into it, certified with the bidder’s seal and signed by the bidder or a person authorized by the bidder. The open tender bid executed by the bidder as well as all the correspondence and the documentation the bidder exchanges with the Contract Giver in connection therewith shall be in Russian.

Where original documents issued to the bidder by third persons are in a foreign language, those shall be considered eligible if accompanied by a Russian translation.

A bidder shall put the original open tender bid in an individual envelope, simultaneously providing e-copies of documents as follows: a list of documents included in the open tender bid, a list of forms filled in by the bidder (both lists shall be in Microsoft Office Word format and recorded on a disc or a flash-card). The envelope is then to be closed and sealed with the bidder’s seal and shall bear indications as follows: the open tender title; the Contract Giver’s name and address; and a text note: “For open tender. Do not open till (time specified in the open tender notice as the bid opening time).”

Bidders shall not be obliged to specify their commercial names and postal addresses on the envelope.

In the right-hand bottom corner, the envelope should have enough space to contain an open tender delivery note:

REG. No._______________________DATE__________________________TIME__________________________SIGNATURE____________________If an envelope is not sealed and marked as described above, the Contract Giver shall not

be responsible for any loss or early opening thereof.As soon as the Contract Giver receives an open tender bid, a respective note is made on

the envelope and a record in the Open Tender Bid Log.

22. Date and procedure of open tender bid considerationThe bidding commission shall consider open tender bids based on requirements as set

forth in the open tender notice and bidder eligibility requirements as specified in the same notification.

Open tender bids shall be considered and a decision shall be taken whether to allow bidders to participate in the open tender procedure within five working days from the envelope opening date.

If any amounts in an open tender bid indicated in figures are inconsistent with those in words, the bidding commission shall account for the amount in words.

Based on the results of the consideration procedure, the bidding commission shall take a decision whether:

a) to allow a bidder to participate in the open tender procedure (to recognize the bidder submitting an open tender bid as a bidder);

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b) to exclude a bidder from the open tender procedure.A bidder shall be excluded from the open tender procedure in cases as below:- failure to submit documents as specified in clause 15 of this section or

misrepresentations revealed in those;- incompliance with requirements as specified in clause 14 of this section;- incompliance of an open tender bid with requirements specified in clause 21 of this

section, including in case an open tender bid contains a contract price offer exceeding the initial (maximum) contract price and in case the work execution term specified in the bid either is longer than the established maximum work execution term or shorter than the established minimum term;

- work quality specifications (forms 3, 5) proposed by a bidder are incompliant with Research Technical Specification Requirements (Section II);

Should it be decided, based on the results of the open tender bid consideration, to exclude all the bidders who submitted open tender bids from the open tender procedure, the open tender shall be recognized as void.

In case, out of those who submitted open tender bids, only one bidder was recognized as a bidder, the contract shall be awarded to the bidder within ten working days from the date when the open tender bid consideration protocol is signed, the terms and the price of the contract corresponding to those as specified in the respective open tender bid and open tender notice. At that, the bidder shall return the contract signed within five working days from the date when the open tender bid consideration protocol is signed.

Based on the results of the open tender bid consideration, the bidding commission shall execute an open tender bid consideration protocol to be filled in by the bidding commission’s secretary and signed by all the attending members of the same commission and the Contract Giver’s representative once all the open tender bids have been considered. The protocol shall contain data on all bidders who submitted their open tender bids with respective notes on whether this or that bidder is allowed to participate in the open tender procedure or is excluded from it and the reason for such a decision as well as decisions by each bidding commission’s member whether to allow a bidder to participate in the open tender procedure or to exclude the bidder from it.

The Contract Giver shall make this protocol available via the Commission’s official web-site within three working days from the protocol sign-off date.

23. Criteria for evaluation and comparison of open tender bidsBids accepted for the open tender procedure shall be evaluated by the bidding

commission to determine the winner base on the criteria for evaluation and comparison of open tender bids. Open tender bids shall be evaluated and compared within seven working days from the date when the Contract Giver makes available the open tender bid consideration protocol via the Commission’s official web-site.

The Contract Giver shall evaluate open tender bids based on the criteria and value as below:

1. Contract price;2. Work quality and bidder’s competence.

Criteria (Ti) Value, %Contract price 30Work quality and bidder’s competence 70Total value of the criteria 100

The resulting rating shall be in scores based on evaluations under different criteria. Any fractional ratings shall be corrected to the second decimal place according to mathematical rounding rules.

Each of the criteria shall be evaluated as follows:

1. Contract price (Ra)

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Open tender bids shall be rated based on the Contract Price criterion, using the following formula:

,where:Ra is the ith bid rating based on the above criterion;Amax – initial (maximum) contract price as specified in the open tender notice;Ai – price offer by the ith bidder;To obtain the summary bid rating the rating based on the Contract Price criterion shall be

multiplied by the value number corresponding to the said criterion.When evaluating bids based on the Contract Price criterion, the best contract execution

terms under this criterion shall be the smallest price offer.

2. Work quality and bidder’s competence (Rc)To provide for evaluation of a bid based on the criteria the following parameters are

identified:- work quality (Wq);- bidder’s competence (Cb).

Work quality (Wq)

Work quality evaluations are based on the technological advance and developed methodology for works to be carried out.

Open tender bids are evaluated and compared, proceeding from this parameter with due account for the total of aspects specified in the methodology for draft technical regulation development activities to be carried out and data on their quality particulars described in Form 3 of the open tender notice.

Each bidding commission member can give an open tender bid from 0 to 60 scores.

The Wq scoring (the arithmetic mean of scores given by all the bidding commission members) of the ith bid shall be calculated as follows:

where: Wqi is the arithmetic mean of scores given by all the bidding commission members to the ith bid based on the parameter;

Wqij – scores given to the ith bid by the jth bidding commission member based on the parameter;

n – the number of members in the bidding commission.

Bidder’s competence (Cb)

Evaluations based on this criterion cover data on the bidder’s experience related to the open tender subject and qualifications of the bidder’s employees as specified in the open tender bid.

Bidder’s competence is evaluated, proceeding from parameters as follows (as per forms 4 and 5):

a) Number of assignments performed by the bidder under the proposed line of technical regulation research activities – Cb1

Maximum Cb1 value is 15 scores.

The bid which boasts the largest Number of assignments performed under the proposed line of technical regulation research activities, accounting for their contents, complexity, scope

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and execution terms as recognized by the jth bidding commission member, shall be given Ctmaxj, i.e. 15 scores. All the rest of bids shall be scored as below:

Cb1ji = (Ctij/ Ctmaxj) * 15

where: Cb1ji – scores given to the ith bid by the jth bidding commission member based on the parameter;

Ctij – Number of assignments performed under the proposed line of technical regulation research activities as specified in the ith bid, accounting for their contents, complexity, scope and execution terms as recognized by the jth bidding commission member.

The Cb1 scoring (the arithmetic mean of scores given by all the bidding commission members) of the ith bid shall be calculated as follows:

where: Cb1i is the arithmetic mean of scores given by all the bidding commission members to the ith bid based on the parameter;


b) Number of executors having experience in development of technical regulations and international, regional, national standards – Cb2


The bid which boasts the greatest number of employed permanent executors having experience in development of technical regulations, international, regional, national standards as recognized by the jth bidding commission member, shall be given Csmaxj, i.e. 15 scores. All the rest of bids shall be scored as below:

Cb2ji = (Csij/ Csmaxj) * 15


Csij – number of employed permanent executors having experience in development of international, regional, national standards and technical regulations as specified in the i th bid and as recognized by the jth bidding commission member.




c) Experience of cooperation with organizations developing international standards – Cb3


The bid which boasts the longest (in years) experience of bidder’s cooperation with organizations developing international standards as recognized by the jth bidding commission member, shall be given Clmaxj, i.e. 10 scores. All the rest of bids shall be scored as below:

Cb3ji = (Clij/ Clmaxj) * 10


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Clij – experience (in years) of cooperation with organizations developing international standards the bidder boasts as specified in the ith bid and as recognized by the jth bidding commission’s member.




Thus, the ith bid shall be evaluated based on the Bidder’s Competence sub-criterion (Cb), using the formula as below:

Cb = Cb1i + Cb2i + Cb3i

Based on the Work Quality and Bidder’s Competence criterion (Rc), the ith bid shall be rated, using the formula as follows:

Rci = Wqi + Cbi

where:Rci – the rating of the ith bid based on the Rc criterion.To calculate the summary ith bid rating the Rc rating of the bid shall be multiplied by the

value number attributed to the criterion.To calculate the summary ith bid rating the Work Quality and Bidder’s Competence rating

of the bid shall be multiplied by the value number attributed to the criterion.Open tender bids shall be evaluated and compared based on the Bidder’s competence

criterion, using only data evidenced by copies of documents attached to the respective bid.Maximum score under the Work Quality and Bidder’s Competence criterion is 100.

3. Summary ratingEach bid shall be evaluated based on the calculated summary bid rating.To calculate the summary bid rating all the scores under each of the bid assessment

criteria as established in the open tender notice are added together, multiplied by respective value numbers:

Ri = T1*Rai + T2*Rci

Ti – ith criterion valueT1 = 30%, T2 = 70%Fractional rating values shall be corrected to the second decimal place according to

mathematical rounding rules.Each bid is then put in the order of sequence, depending on potential benefits of contract

execution terms contained therein, based on the summary rating calculations for each of the bids.Proceeding from the evaluation and comparison of open tender bids, the bidding

commission shall give each open tender bid a sequence number as against the other bids, arranging those in the decreasing order based on their summary ratings.

The bid which was rated highest shall be the first one in the sequence.The open tender winner shall be the bidder who offered the best contract execution terms

and whose bid was rated highest.In case a number of open tender bids offer similar contract execution terms, the open

tender bid which was submitted earlier than the rest of open tender bids offering similar contract execution terms shall be rated highest.

The bidding commission secretary shall execute a protocol of open tender bid assessment and comparison which is to contain data on the location, date and time where and when these bids were evaluated and compared as well as data on those bidders whose bids were considered

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under the open tender procedure, on the procedure of open tender bid assessment and comparison, on the decision taken based on the open tender bid assessment and comparison, on sequence numbers given to open tender bids, on scores given to open tender bids by each bidding commission member under each of the evaluation criteria, and names and postal addresses of open tender bidders whose bids were rated first and second. The protocol shall be signed by all the attending bidding commission members and the Contract Giver’s representative.

The Contract Giver shall make the said protocol available via the Commission’s official web-site within three working days from its sign-off date.

The Contract Giver shall also advise the respective bidder of their winning the contract within three working days from the date when the protocol of open tender bid assessment and comparison is signed.

24. Contract conclusionThe contract between the open tender winner and the Contract Giver shall be signed

within ten working days from the date when the protocol of open tender bid assessment and comparison is signed, while the open tender winner shall return the signed contract to the Contract Giver within five working days.

The contract shall be based on the terms as specified in the winning bidder’s bid and the open tender notice.

The winning bidder shall have no right to refuse the contract. Should the winning bidder fail to return the signed contract to the Contract Giver within five days, it shall be considered as reluctance to enter into the contract.

Should it happen to be the case, the Contract Giver shall be entitled to submit a claim, demanding to enforce the winning bidder to enter into the contract and to compensate for the losses caused by its reluctance to enter into the contract or to conclude a contract with the bidder who was rated second. In such a case, there is no way the second winning bidder could escape contract conclusion.

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Section II. Technical specification requirements for the research project on the topic: “Developing a Customs Union Technical Regulation on Safety of Children’s Playground

Equipment”

1. Research basis

The research basis is the Customs Union’s Technical Regulation Development Plan for 2012-2013 as approved by Resolution No. 103 of the Eurasian Economic Commission Council dated 23 November 2012.

2. Research purpose, objectives and input data

The research purpose is to develop a technical regulation On Safety of Children’s Playground Equipment (hereinafter – the technical regulation) plus Customs Union documents as required to provide for implementation thereof.

Proceeding from the purpose, while developing the said technical regulation, the following objectives are to be accomplished:

- determining the scope of the technical regulation under development;- determining safety requirements for children’s playground equipment, covering the

entire life cycle, including design, production, storage, transportation, sale, installation, operation (use), maintenance, repair and disposal;

- developing a terminology to eliminate any ambiguities and inconsistencies when interpreting the technical regulation contents;

- determining packing, marking and labeling requirements and application rules (if needed);

- determining identification rules as well as schemes and procedures to validate compliance of children’s playground equipment with the technical regulation requirements;

- developing proposals on the technical regulation enactment and transitional provisions;

- specifying a draft list of standards which, when applied on a voluntary basis, provide for compliance with the technical regulation requirements;

- determining a draft list of standards which describe research (test) and measurement rules and methods, including for sampling to be carried out to ensure application and implementation of the technical regulation requirements and to provide for product compliance evaluation (validation);

- determining a draft list of products which require a document of technical regulation compliance evaluation (validation) to be submitted together with the customs declaration;

- developing a draft program of development (amendment, revision) of interstate standards which, when applied on a voluntary basis, provide for compliance with the technical regulation requirements as well as interstate standards which describe research (test) and measurement rules and methods, including for sampling to be carried out to ensure application and implementation of the technical regulation requirements and to provide for product compliance assessment (validation).

Input data for the technical regulation under development include:- laws, legislative instruments on safety of children’s playground equipment in

industrially developed countries;- EC Directives specifying, among other things, requirements, concerning children’s

playgrounds and health protection in the European Union countries;- legislation of the Republic of Belarus, Kazakhstan and Russian Federation on issues

of children’s playground equipment safety;- international, regional, national standards and foreign regulations, scientific

publications on children’s playground equipment safety;- rules and norms of state control (supervision) in terms of children’s playground

equipment safety, compliance validation forms and schemes in the Republic of Belarus, Kazakhstan and Russian Federation;

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- Agreement on basic harmonization of technical regulations in EurAsEC member-states dated March 24, 2005;

- Agreement on coordinated policy implementation in the field of technical regulation and sanitary and phytosanitary measures dated January 25, 2008;

- Agreement on unification of technical regulation principles and rules in the Republic of Belarus, Kazakhstan and Russian Federation dated November 18, 2010;

- Provisions on the procedure for developing, adopting, amending and canceling Customs Union technical regulations as approved by Resolution No. 48 of the Eurasian Economic Commission Council dated June 20, 2012;

- Recommendations on the typical structure of a Eurasian Economic Commission’s technical regulation as approved by Resolution No. 321 of the EurAsEC Interstate Council dated October 27, 2006;

- Provisions on application of typical schemes for evaluation (validation) of compliance with Customs Union technical regulations as approved by Resolution No. 621 of the Customs Union Commission dated April 7, 2011.

- Provisions on the procedure for developing and approving lists of international and regional standards, and, if none of the above is available, − national (state) standards of Customs Union member-states which ensure compliance with the Customs Union technical regulation and are required to provide for compliance evaluation (validation), as approved by Resolution No. 306 of the Eurasian Economic Commission Board dated December 25, 2012.

3. Scope of research

The research shall comprise two stages and include activities as below and works as specified in the Provisions on Developing, Adopting, Amending and Canceling a Customs Union Technical Regulation approved by Resolution No. 48 of the Eurasian Economic Commission Council dated June 20, 2012 (hereinafter – the Provisions).

Stage 11. Analyzing the technical regulation legislation of the Republic of Belarus, Kazakhstan

and Russian Federation as well as regulatory documents and scientific publications, international, regional (interstate), national and foreign standards, compliance validation forms and schemes concerning safety of children’s playground equipment.

2. Developing an original revision of the draft technical regulation and an explanatory note thereto.

The draft technical regulation shall contain:a) General technical regulation data as well as data on its development process,

international- and regional-level harmonization, references to other Customs Union technical regulations;

b) Application scope of the technical regulation, identifying technical regulation objects covered (not covered) by it, a comprehensive list of technical regulation objects (can be provided as a supplement). All the objects shall be identified with exclusions, if any;

c) Basic terms and definitions used in the technical regulation;d) Market circulation and enactment rules;e) Safety requirements to children’s playground equipment and (or) related design,

production, storage, transportation, sale, installation, operation (use), maintenance, repair and disposal processes. Basic packaging, marking requirements and application rules.

Special requirements, if any, to reduce environmental and health and safety risks.f) Identification rules, procedure, forms and schemes to validate compliance of

children’s playground equipment with the technical regulation requirements.g) Provisions on unified market circulation marking and rules (terms) of its application;h) Supplements (if any).3. Developing proposals on the technical regulation enactment and transitional

provisions.

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4. Compiling a list of international, regional and national (state) standards, requirements from other documents (rules, directives, recommendations and other acts adopted by international organizations and, if none of the above is available, − regional documents, such as regulations, directives, resolutions, rules and etc.), national technical regulations used as a basis for the draft technical regulation.

5. Developing proposals on lists of standards referred to in clause 2 and 3, Article 6, of the Agreement on Unification of Technical Regulation Principles and Rules in the Republic of Belarus, Kazakhstan and Russian Federation dated November 18, 2010.

6. Updating the draft technical regulation and related documentation package after its consideration by the Parties’ authorized bodies and at a session of the Advisory Committee for Technical Regulations and Application of Sanitary, Phytosanitary and Veterinary Measures of the Eurasian Commission Board (hereinafter – the Advisory Committee).

Stage 21. Summarizing the draft technical regulation feedback (if any) based on public

discussions, studying notes and suggestions, each of those marked as accepted or rejected with a stated reason for such a rejection.

2. Updating the draft technical regulation and related documentation package based on notes and suggestions obtained in the course of public discussions and preparations for intrastate coordination.

3. Technical editing of the draft technical regulation.4. Holding a metrological testing of the draft technical regulation and related

documentation package and executing an expert opinion.5. Developing a list of products which require a document of technical regulation

compliance evaluation (validation) to be submitted together with the customs declaration.6. Developing draft Lists of Standards referred to in clause 2 and 3, Article 6, of the

Agreement as prescribed by the Eurasian Economic Commission Board.7. Updating these draft Lists of Standards and the explanatory note thereto based on

public discussions.8. Developing a draft program of development (amendment, revision) of interstate

standards which, when applied on a voluntary basis, ensure compliance with the technical regulation requirements and which contain research (test) and measurement rules and methods, including for sampling, as required to ensure application and implementation of the technical regulation requirements and to provide for product compliance evaluation (validation).

Timelines of these stages as well as their cost shall be specified and agreed between the Contractor and Contract Giver when concluding the contract.

4. List of deliverables upon completion of research stages

The first stage shall provide for the following research deliverables:1. An original revision of the draft technical regulation and an explanatory note thereto

prepared for public discussions.2. Proposals on the technical regulation enactment and transitional provisions.3. A list of international, regional and national (state) standards and requirements from

other documents (rules, directives, recommendations and other acts adopted by international organizations and, if none of the above is available, − regional documents, such as regulations, directives, resolutions, rules and etc.), national technical regulations used as a basis for the draft technical regulation.

4. Proposals on lists of standards referred to in clause 2 and 3, Article 6, of the Agreement on Unification of Technical Regulation Principles and Rules in the Republic of Belarus, Kazakhstan and Russian Federation dated November 18, 2010.

The second stage shall provide for the following research deliverables:1. A summary draft technical regulation feedback based on public discussions.

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2. A draft technical regulation and a related documentation package updated, accounting for notes and suggestions obtained in the course of public discussions and preparations for intrastate coordination, subject to technical editing.

3. An expert opinion based on the metrological testing of the draft technical regulation.4. A draft list of products which require a document of technical regulation compliance

evaluation (validation) to be submitted together with the customs declaration.5. Draft Lists of Standards referred to in clause 2 and 3, Article 6, of the Agreement

updated based on public discussions.6. A draft program of development (amendment, revision) of interstate standards which,

when applied on a voluntary basis, ensure compliance with the technical regulation requirements and which contain research (test) and measurement rules and methods, including for sampling, as required to ensure application and implementation of the technical regulation requirements and to provide for product compliance evaluation (validation).

5. Work acceptance procedure

Completed works shall be accepted in accordance with the Research Project Contract and the Procedure for Arrangement of Research-Associated Activities in the Eurasian Economic Commission as approved by Order No. 231 of the Chairman of the Eurasian Economic Commission Board dated July 27, 2012.

Research and analytical reports shall be executed as per Interstate Standard GOST 7.32-2001 “Research Reporting. Structure and Execution Rules” enacted by Decree No. 367-st. of Russia’s State Committee for Standardization and Metrology dated September 4, 2001.

Any such reports whatsoever shall be submitted to the Contract Giver in 2 copies, on paper and on electronic media, with 3 copies of R&D stage acceptance act attached.

As each of the research stage is completed its results shall be subject to the defense procedure.

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Section III. Exemplary forms included in an open tender bid to be filled in by bidders

Form No. 1. List of documents submitted under the open tender procedure

LIST OF DOCUMENTSsubmitted by__________________________________________(Bidder’s name) under the open

tender procedure held to award a contract for the research project to be officially used by the Eurasian Economic Commission on the topic: “_____________.”

S/N Description Page No. Total pages1.2.3.

Signature of the bidder’shead (authorized person)_____________________________(Name, surname and patronymic)

L. S.

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Form No. 2 Open tender bid

To be executed on the official company’s formDate, number

To the Bidding Commission of the Eurasian Economic Commission

OPEN TENDER BIDfor the right to be awarded a contract for the research project to be officially used by the

Eurasian Economic Commission on the topic: “________________.”

1. Having studied the notification concerning the contract award as above,_____________________________________________________________________________

(bidder’s name)represented by _________________________________________________________________

(company’s head position and name, surname and patronymic)gives its consent to participate in the open tender procedure under the terms and conditions as specified in the above listed documents and submits this open tender bid.

2. We agree to execute works within the open tender scope as stipulated in the open tender notice and under terms and conditions as specified in this open tender bid.

Work execution term is _______________.

3. We offer a contract price which is equal to: _______________ (in words) rubles.

4. We agree that in case we haven’t accounted for some rates in connection with execution of works included into the open tender package the said works shall anyways be executed in compliance with the Research Technical Specification Requirements to the extent those are covered by the contract price.

5. Once our offers as above are accepted, we shall assume the obligation to carry out works as stipulated in the open tender notice and as specified in our contract performance proposals.

6. Hereby we guarantee that the data as represented in the bid is reliable.

7. Hereby we also represent that, with respect to _____________________________,

(bidder’s name)

no liquidation proceedings have been initiated and no judgments have been delivered by a court (or any other competent authority in the country of residence of the legal entity or the citizen-unincorporated entrepreneur), recognizing the bidder as bankrupt or initiating winding up proceedings.

8. In case our offers are recognized as containing best contract execution terms and our bid is rated first we shall assume the obligation to conclude a contract with the Eurasian Economic Commission for works as required by the notification and as specified in our offers, within terms as set forth in the notification.

9. In case our offers turn out to be second best after the open tender winner’s ones and our bid is rated second, while the open tender winner is recognized as showing reluctance to conclude a contract with the Eurasian Economic Commission, we shall sign the said work execution contract as specified in the open tender notice and in our contract price offer.

10. We inform that we have authorized the person as indicated below to provide for prompt notification on organizational issues and interaction with the Contract Giver:

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_______________________________________ (name, surname and patronymic, phone number of the bidder’s representative).

Hereby we ask you to communicate all open tender data to the authorized person.

11. This open tender bid shall be valid till the open tender procedure is over.

12. Our legal and location address, phone number___________, fax ____________, bank details are as below:

13. We kindly ask to send correspondence to the following address:

14. This open tender bid includes documents as specified in the list at page _____.

Position of the bidder’s head(authorized person)

L. S.(Signature) (Name, surname

and patronymic)

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Form No. 3. R&D quality and other contract execution proposals


To the Bidding Commission of the Eurasian Economic Commission

R&D QUALITY AND OTHER CONTRACT EXECUTION PROPOSALS

Topic: “___________________”

(Bidder’s name)

In this form, the bidder describes methods it intends to use to provide for works under the project of developing the Customs Union technical regulation (hereinafter – the technical regulation) as well as their quality particulars as required for evaluation and comparison of open tender bids based on work quality criteria as specified in the open tender notice.

Works to be performed shall be described in the form of comments to the R&D Technical Specification Requirements as set forth under the project of the technical regulation development (Section II), with a detailed description of work performance methods within the scope as specified in the R&D Technical Specification Requirements.

The method description and the work plan shall contain a brief summary of aspects as follows, including technological advance.

1. Technical regulation title.2. Purpose and objectives pursued under the project of the technical regulation

development and issue under consideration. A brief overview of the current issue state.3. Analysis of existing legal and regulatory documents within the scope of the

technical regulation, analysis of international regulatory experience in the field.4. A draft technical regulation structure.5. Technical regulation objects and their general description.6. Requirements other than specified in international, regional standards or

obligatory requirements applicable within the Parties’ territories with a brief substantiation of their introduction.

7. A list of international, regional and national (state) standards, requirements from other documents (rules, directives, recommendations and other documents adopted by international organizations and, if none of the above is available, − regional documents, such as regulations, directives, resolutions, rules, and etc.), national technical regulations which can be used as a basis for the draft technical regulation.

8. Availability of the technical regulation draft revision (if it is available, attach it to the bid).

9. Bidder’s proposals as to the supervision of the draft technical regulation till its adoption by the Eurasian Economic Commission.

To articulate the essence of the work tendered a bidder can include into its bid additional data, providing for a more detailed description of the content and/ or the particulars of approaches proposed to resolve the issue under consideration and to accomplish objectives as set.

Note:A bidder can, at its own discretion, submit any additional data (including documents)

evidencing quality of works to be performed to support the data as contained in this form.

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Signature of the bidder’s head (authorized person) /Name, surname and

patronymic/L. S. (Signature)

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Form No. 4. Bidder’s Competence data___________________________________________________________________________

(Bidder’s name)

Bidder’s competence shall be evidenced by data as follows:1. Number of assignments performed by the bidder under the proposed line of

technical regulation research activities.Number of assignments performed by the bidder under the proposed line of technical

regulation research activities, accounting for their contents, complexity, scope, execution terms with documents attached to evidence quality of performed (rendered) works (services) similar (identical) to the open tender subject (acceptance acts, Contract Giver’s work (service) acceptance conclusions and resolutions as well as other documents and materials as required to evidence quality of performed (rendered) works (services) similar or equivalent to the open tender subject).

With no documents available to evidence quality of performed (rendered) works (services), it can happen that the said works (services) won’t be recognized as similar (identical) to the open tender subject.

Works, Contract

Giver

Scope of works performed

without subcontracting

Types of works included into the

project and performed without subcontracting

Work execution period

Major results of works

performedStart Finish

1 2 3 4 5 6

2. Number of permanent executors having experience in development of technical regulations, international, regional and national standards

It is necessary to specify professional activities of the key personnel proposed by the contractor to provide for work execution (including data on permanent executors having experience in development of technical regulations and international, regional, national standards, certified as appropriate, with respective technical committees indicated).

Number of permanent employees to be employed for the works: ______ people.Personnel data shall be represented in the form of a table or text and are to include:- their significance in terms of the project;- surname, name and patronymic;- position;- education (major, additional, advanced training);- specialization and qualification based on academic data;- academic degree;- work experience (total, in the field of specialization);- data on contributions to development of technical regulations, international,

regional, national technical regulations and standards, certified as appropriate, with respective technical committees indicated).

3. Experience of cooperation with organizations developing international standards

This section specifies for how many years an organization cooperated with organizations developing international standards as well as data, such as the organization’s name, year, title of the standard, and term (period) of cooperation.

Note:A bidder can, at its own discretion, submit any other data (attaching respective

evidence) which are not mentioned in the tables. This additional data are to be either indicated below the table or to be executed as supplements to this Form. Please, pay attention that all the

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data specified and documents attached shall be taken into consideration when evaluating an open tender bid based on the Bidder’s Competence criterion.

Signature of the bidder’s head (authorized person)

/Name, surname and patronymic/

L. S.

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Form No. 5. Bidder’s proposals as to the execution of contract provisions used as evaluation criteria under the open tender procedure

No. Open tender bid assessment criterion Bidder’s proposals1. Contract price Bidder’s proposals as to the contract price as specified in

cl. 3 of the Open Tender Bid – form 22. Work quality and bidder’s competence

Work quality:- technological advance and methods used to

perform works within the scope

Bidder’s proposals as to the R&D quality in accordance with form 3 and the Research Technical Specification Requirements (Section II)

Bidder’s competence:a) Number of assignments performed by the

bidder under the proposed line of technical regulation research activities;

Bidder is to specify Number of assignments performed under the proposed line of technical regulation research activities;

b) Number of permanent executors having experience in development of technical regulations, international, regional and national standards;

Bidder is to specify Number of executors employed for the works having experience in development of technical regulations, international, regional and national standards;

c) Experience of cooperation with organizations developing international standards

Bidder is to specify experience of cooperation with organizations developing international standards


L. S.(Signature) (Name, surname and

patronymic)

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Form No. 6. Bidder’s data1. Commercial name (company’s name), form of incorporation, location, postal address (for a legal entity), surname, name, patronymic, passport data, place of residence (for a citizen-unincorporated entrepreneur), contact phone number.(based on the duly executed Constituent Documentation (Articles, Memorandum, Charter), certificate of state registration, certificate confirming the entity is reported in the Unified State Register of Legal Entities)2. Bidder’s previous full and short names with re-naming date and legal succession data indicated as appropriate3. Registration data:3.1. Date and place of registration and registering authority(based on the Certificate of State Registration)3.2. Bidder’s duration (accounting for legal succession).3.3. Authorized capital amount.3.4. Number and postal address of the Federal Tax Service Inspectorate where the bidder is registered as a taxpayer.3.5. Bidder’s INN (Tax Identification Number), KPP (Industrial Enterprise Code), OGRN (Principal State Registration Number), OKPO (National Classifier of Businesses and Organizations).Notes:At the bidder’s discretion, the above data can be evidenced by submitting copies of documents as below:- Information letter to confirm the entity is reported in the Unified State Register of Enterprises and Organizations4. Bidder’s legal address5. Bidder’s location address6. Bank details (it can include a number of positions)6.1. Servicing bank;6.2. Settlement account;6.3. Correspondent account;6.4. BIC.7. Data on licenses issued to the bidder as required to meet its obligations under the contract

We, the undersigned, hereby certify that all the data as specified in this form are correct. To support the above data the following documents are attached to the form:1. ___________(document title)______(total pages in the document);2. ___________(document title)______(total pages in the document);n. ___________(document title)______(total pages in the document);

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(Signature) (Name, surname and patronymic)

Chief Accountant (Financial Department Head)

L. S.(Signature) (Name, surname and

patronymic)

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Form No. 7. Power of attorney authorizing to sign and represent bidder’s company


POWER OF ATTORNEY No._____

City of Moscow_____________________________________________________________________________

(day, month and year of issue, in words)Bidder:____________________________________________________________

(company’s name)hereby authorizes ______________________________________________________________

(surname, name , patronymic and position)passport No ___________issued by_________________ “______” ______________________to represent interests of _________________________________________________________

(company’s name)at the open tender procedure held by the Eurasian Economic Commission_____________________________________________________________________________

(specify the open tender title)For the purposes of this authorization, the above person shall have the right to sign

documents as required under the open tender procedure and, in case _______________________ is recognized as the winning bidder, to conclude a contract as well as to take any other actions to exercise the above rights.

The power of attorney shall be valid till “___” ____________________20__

I, hereby certify the signature.(Attester’s name, surname and

patronymic)(Attester’s signature)

Company’s Head _______________________________( _____________________)(name, surname and patronymic)

L. S.

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SECTION IV. DRAFT CONTRACT

CONTRACT No._________

for the research project to be officially used by the Eurasian Economic Commission on the topic:

“________________________”

city of Moscow “____” _______________2013

The international organization Eurasian Economic Commission, acting based on the

Eurasian Economic Commission Treaty dated 18 November 2011, hereinafter referred to as the

Contract Giver, represented by ___________ __________________________, acting based on

the power of attorney dated _________________ No. ____________, on the one hand, and

_____________________, hereinafter referred to as the Contractor, represented by

______________________________, acting based on ________________________, on the

other hand, hereinafter referred to as the Parties, proceeding from protocol (specify the protocol)

No. ________ dated “___” ___________2013, have concluded this contract to the following

effect:

1. Contract subject and terms

1.1. The Contractor shall complete the research project as specified in the Statement of Work (Annex No. 1 to the contract) which is scheduled for 2013 for official use by the Eurasian Economic Commission, its topic being “_________________”, and shall promptly hand over its deliverables to the Contract Giver, while the latter shall accept and pay for the research deliverables.

1.2. Works hereunder shall be performed as per the Statement of Work (Annex No. 1), Work Schedule (Annex No. 2), and Specification (Annex No. 3), all of those forming integral part of this contract.

2. Rights and obligations of the parties

2.1. Under this contract, the Contractor shall be obliged:

2.1.1. To perform works as specified herein, handing over their deliverables to the Contractor within terms specified and as set forth herein. The Contractor shall perform these works without subcontracting and shall be entitled to employ third persons (subcontractors) to perform hereunder only subject to the Contract Giver’s consent. The Contractor shall be responsible for its subcontractors’ actions, including for quality and prompt execution of subcontracted works, as if those were performed by the Contractor proper.

2.1.2. To guarantee transfer of any deliverables hereunder to the Contract Giver, provided those violate no third persons’ exclusive rights.

2.1.3. To eliminate, using its own resources and at its own expense, any faults in works performed hereunder, provided the faults are imputable to it.

2.1.4. To immediately inform the Contract Giver about unattainability of expected research objectives or about infeasibility of the research project continuation.

2.1.5. Should it become evident in the course of research activities that negative output is inevitable, the Contractor shall suspend those, providing for a written notification of the Contract Giver thereof within ten consecutive days after the research suspension.

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2.1.6. To include into labour and other contracts concluded with particular executors of works constituting the subject hereof provisions as required to ensure the Contractor meets its obligations assumed hereunder, including that of non-disclosure of confidential information.

2.1.7. To advise the Contract Giver in writing within three working days of any changes in the Contractor’s bank or other details.

2.2. Under this contract, the Contract Giver shall be obliged:

2.2.1. To provide the Contractor with any information at the Contract Giver’s disposal as required for the Contractor’s performance hereunder.

2.2.2. To accept and pay for the research deliverables as stipulated hereunder.

2.3. The Contract Giver shall be entitled to:

2.3.1. Subject to previous agreement with the Contractor, modify the scope of works hereunder in the course of contract execution, but not more than by 20%, , should the demand for works constituting the contract subject change or should it be required to provide for additional works which are not covered hereunder but are associated with works within the contract scope.

2.3.2. Subject to previous agreement with the Contractor, should the scope of works be expanded or should it be necessary to reduce the scope of works according to requirements, the Contract Giver shall be entitled to change the initial contract price proportionate to the actually performed scope of such works, but not more than by 20%.

2.3.3. The Contract Giver shall be entitled to check performance of works hereunder and their quality at any time.

2.4. The Parties shall be obliged:

2.4.1 To keep confidential any information obtained in the course of performance hereunder. The Contractor shall take all measures as necessary to keep confidential the research deliverables obtained, including provide for safe storage of documentation and materials, restrict access to such information, conclude confidentiality agreements with persons having rights of access to confidential information.

2.4.2. Not to disclose any confidential information to thirds persons and not to publishing or otherwise disclose the research deliverables without the Contract Giver’s written consent.

3. Consequences of research objectives becoming unattainable

3.1. Should it become evident in the course of research activities that research objectives are unattainable due to circumstances beyond control, the Parties shall advise each other of any such circumstances in written form within three days, take all measures as necessary to reduce their negative effects and hold negotiations on either extension or termination of this contract, or modification of its provisions. Based on the negotiations, a bilateral act shall be executed and signed by the Parties’ authorized signers.

3.2. Should it become evident in the course of performance hereunder that objectives as set forth herein are unattainable due to circumstances beyond Contractor’s control, the Contract Giver shall compensate to the Contractor the actual cost of research works completed before the unattainability of objectives hereunder was revealed, but in any case not more than 30% of the total cost of the research stage as stipulated herein.

4. Execution terms

4.1. Final research deliverables hereunder shall be handed over on _____________ 2013.

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4.2. Works as stipulated herein, including all stages of those, shall be completed within terms as specified in the Work Schedule.

4.3. The Contractor can, subject to the Contract Giver’s consent, present completed research works, in whole or their certain stages, for acceptance ahead of schedule. The Contract Giver shall accept and pay for any such research works (work stage) as stipulated herein.

4.4. The research project shall be recognized as completed once the Contract Giver signs an acceptance act for the last work stage (Annex No. 4 form), provided all the obligations as specified in the Work Schedule are satisfied.

5. Contract price and settlement procedure

5.1. The contract price shall be _______ (________) rubles _______ kopecks, VAT 0%.

Based on subclause 11, clause 1, article 164 of the Russian Federation Tax Code, Article 5 of the Agreement between the Russian Federation Government and the Eurasian Economic Commission on Terms of Residence of the Eurasian Economic Commission in the Russian Federation, dated June 8, 2012, Russian Federation Government Decree No. 455 dated July 22, 2006 On Approval of Rules concerning Application of 0% Value Added Tax Rate when Selling Goods (Works, Services) Intended for Official Use by International Organizations and their Representative Offices Operating in the Russian Federation, and Order No. 4938/33n of the Russian Federation Ministry of Foreign Affairs and Finance Ministry dated April 9, 2007 On Approving a List of International Organizations and their Representative Offices Operating in the Russian Federation Entitled to Apply 0% Value Added Tax Rate to Goods (Works, Services) Sold for their Official Use (as amended by Order No. 20346/147n of the Russian Federation Ministry of Foreign Affairs and Finance Ministry dated November 20, 2012), value added tax rate applied to goods (works, services) sold for official use by the Eurasian Economic Commission shall be 0%.

The contract price shall remain fixed and cannot be changed in the course of performance hereunder, except in cases as specified in clause 2.3.2. hereof.

5.2. Settlements between the Contract Giver and the Contractor in connection with research works hereunder shall be made, proceeding from the actual cost of the respective work stage, completed and accepted by the Contract Giver, but in any case settlement amounts shall not exceed those as specified in the Work Schedule.

5.3. Payments for works hereunder shall be made based on an original work acceptance act as each work stage is completed and accepted, within ten working days from the date when the Contract Giver signs the respective work acceptance act.

5.4. This contract shall be funded from the Eurasian Economic Commission’s budget.

6. Procedure for acceptance of completed works

6.1. Fifteen days before the day when a research stage is to be completed, the Contractor shall notify the Contract Giver in writing that the research stage is ready for acceptance and submit to the Contract Giver, together with a cover letter, a research execution report in accordance with GOST (State Standard) 7.32-2001: “System of Information, Library and Publishing Service Standards. Research Reporting. Structure and Execution Rules.” The report shall be executed in two copies plus an e-version, while the acceptance act shall be provided in three copies.

Research deliverables shall be considered as submitted to the Contract Giver upon registration of the cover letter by the Contract Giver.

6.2. Within fifteen consecutive days from the date when reporting documentation and a work acceptance act is received, the Contract Giver shall decide to proceed to the research

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defense procedure, appointing a day for it, or, in case submitted research deliverables are materially incompliant with the Statement of Work, Work Schedule or quality of the works is unsatisfactory (works are incomplete, the Contractor failed to meet the terms as set, and etc.), shall draw up an act, indicating a list of follow-up works and their timelines. The Contract Giver shall inform the Contractor of the above decision in writing. Once all the follow-up works are completed, a date shall be chosen for the research defense procedure.

6.3. Once research deliverables are defended, the Contract Giver shall decide whether to accept the respective research stage, whether to request any follow-up research activities or whether to reject the research stage, giving reasons for that.

Should the Contract Giver decide to accept a research stage, the Contractor shall receive a signed acceptance act.

Should the Contract Giver decide some follow-up works are required, the Contractor shall receive a reasoned rejection, and the Parties shall execute an act with a list of required follow-up works and respective timelines. The said act shall be executed and signed by the Parties within three working days from the rejection date.

Should the Contract Giver decide to reject research works, the Contractor shall receive a reasoned rejection of work acceptance, with reasons thereof indicated as appropriate. If the Contract Giver decides this way, the Parties shall execute an Agreement on Mutual Discharge of Obligations hereunder.

7. Contract modification, amendment and termination

7.1. Any amendments to this contract, including for reasons as mentioned in clauses 2.3.1 and 2.3.2 hereof, shall be made as agreed by the Parties and executed as separate agreements and shall form integral part hereof.

7.2. This contract shall be terminated only as agreed by the Parties or based on a court ruling for reasons as specified in the Russian Federation Civil Code. At that, having signed a termination agreement, the Parties shall not be discharged of any mutual settlement obligations hereunder.

7.3. In case a stage the Contractor started is suspended upon the Contract Giver’s request for a period of over three months, this contract can be terminated only as agreed by the Parties or based on a court ruling for reasons as specified in the Russian Federation Civil Code. At that, the Contract Giver shall have to compensate the Contractor for all the costs in connection with works completed by the suspension date as stipulated in the agreement on mutual discharge of obligations hereunder.

7.4. Should the Contractor fail to complete works in full or should submitted deliverables of a research stage be materially incompliant with the Statement of Work, Work Schedule and provisions hereof, the Contract Giver shall be entitled to refuse to accept the research stage and to pay the Contractor for the research stage works completed, making an appropriate note in the work acceptance act. Based on such Contract Giver’s decision, the Parties shall execute an Agreement on Mutual Discharge of Obligations hereunder.

8. Liability of the Parties

8.1. Should the Contractor fail to meet obligations within terms specified herein, the Contract Giver shall be entitled to demand a penalty (fine, default interest) from the Contractor. The penalty (fine, default interest) shall be charged for each day of default hereunder, starting from the day following the execution deadline as stipulated herein. The penalty (fine, default interest) shall be paid at the rate of 0.1% of the contract price for each day of default hereunder, but shall not exceed 10% of the contract price. The Contractor shall not have to pay the penalty (fine, default interest) provided it can prove the default was due to circumstances beyond its control or imputable to the Contract Giver.

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Should the penalty amount reach 10% of the contract price, the Contract Giver shall be entitled to file a claim in court, seeking to terminate this contract due to a material default by the other party hereunder.

8.2. Should it be decided to charge default interests upon a reasoned rejection of work acceptance, once the Parties sign an act listing required follow-up works, the Contract Giver shall be entitled to start charging default interests from the rejection date and till the date when the Contractor is to represent the results of the follow-up works.

8.3. Should the Parties fail to meet any other obligations hereunder or meet those improperly, the Parties shall assume liabilities as stipulated in the applicable Russian Federation legislation.

Any penalties applied shall not discharge the Parties from their obligations hereunder.

9. Circumstances beyond control

9.1. Should there arise any circumstances which make it impossible for one of the Parties to meet obligations hereunder, whether in full or in part, (such as a fire, a natural disaster, war, military operations of any type and other circumstances beyond the Parties’ reasonable control), the deadline for meeting this obligations shall be extended for as long as these circumstances last.

9.2. In case such circumstances beyond control last for over one month any of the Parties shall be entitled to refuse to further perform hereunder, with neither of the Parties having the right to demand from the other Party compensations for any possible losses whatsoever.

9.3. The affected Party shall, within forty eight hours, notify the other Party of the onset and termination of such circumstances preventing it from performing hereunder. The notification shall be sent to the legal address as specified herein.

10. Final provisions

10.1. Should any disputes and controversies arise in the course of performance hereunder, the Parties shall resolve those extrajudicially by sending a written claim by registered mail with delivery notification. The claim shall be considered within ten working days from the receipt date.

10.2. Should the Parties fail to resolve any disputes hereunder by negotiations, those shall be considered by Moscow Arbitration Court.

10.3. This contract is drawn up in three copies, one of those handed over to the Contractor, while the other two are kept by the Contract Giver.

10.4. This contract shall come into force and become binding upon the Parties once it is signed.

This contract shall become invalid once the Parties meet all of their obligations, except for cases as stipulated herein.

10.5. Any amendments and annexes to this contract shall form integral part hereof.

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11. Parties’ legal addresses and detailsCONTRACT GIVER: CONTRACTOR:

Eurasian Economic CommissionLocation:city of MoscowINNKPPBank details:Settlement accountBICBank

Company’s full name:Location:

INN______________KPP________________Bank details:Client account__________________Settlement account ______________BIC______________

CONTRACT GIVER: CONTRACTOR:

(position) (position)

(signature, surname and initials) (signature, surname and initials)“_____”____________201_ “_____”____________201_

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Annex No. 1to the contract No.

dated “__” _________2013

STATEMENT OF WORKfor the research project on the topic:

“____________________________________________”(research title)

1. Introduction

2. Research purpose, objectives and input data

3. Contents

4. Major research and development requirements

5. Procedure for consideration and acceptance of works

If needed, some other sections can be included into the Statement of Work based on proposals as described in the respective bid to provide for data as required to obtain expected research deliverables.




L. S. L. S.

36


dated “__” _________2013

WORK SCHEDULEto the contract for the research project to be officially used by the Eurasian Economic

Commission on the topic: “________”

No. Stage Deliverables(to be submitted)

Execution terms, accounting for time needed to

accept stages and work in whole, start and end

Price, rubles

12

TOTAL: (____) ____________ rubles 00 kopecks, VAT 0%




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37


dated “__” _________2013

SPECIFICATIONto the contract for the research project to be officially used by the Eurasian Economic

Commission on the topic: “________”

S/N Work description (work stage to be indicated as well)

Amount, rubles VAT, rubles

TOTAL: (____) ____________ rubles 00 kopecks, VAT 0%




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38

Annex No. 4to the contract No.____

dated “__” _________2013

Act Form

ACT No.to confirm acceptance of the research project

under contract No.___________ dated “____” ___________2013Drawn up on “____”________2013

Research title___________________________________Stage No.________ Stage designation___________________________________________

This act is intended to confirm that the Contractor – __________________________________________, represented by ____________________________, acting based on _______________________, has handed over and the Contract Giver – the International Organization Eurasian Economic Commission, represented by ____________________________, acting based on power of attorney ______________________________, has accepted the following works as stipulated for stage _________ of the work schedule:

Deliverables obtained:

The above listed works were completed in full and within terms as specified in accordance with the approved Statement of Work and Work Schedule.

Stage execution term according to the work schedule:Start date – contract conclusion date – “____”_________2013

End date – “_____” __________2013The price of contract No. _______ dated “____” ___________ 2013 is _____(____________) rubles 00 kopecks,

VAT 0%.The cost of works completed under stage _____ is ____________ (_____________) rubles 00 kopecks, VAT 0%.The Contractor is to be paid the amount as follows: _____(____________) rubles 00 kopecks, VAT 0%.

CONTRACT GIVER: CONTRACTOR:Eurasian Economic CommissionLocation:city of MoscowINNKPPBank details:Settlement accountBICBank

Company’s full name:Location:

INN______________KPP________________Bank details:Client account__________________Settlement account ______________BIC______________

Stage (work) accepted by: Stage (work) handed over by:



L. S. L. S.




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