national bank of serbia tender documents pp … filetender documents for the public procurement of...

Tender Documents for the public procurement of goods – system for electronic tracking of the validity of

numbering,

PP 458/2016

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NATIONAL BANK OF SERBIA

TENDER DOCUMENTS

PP 458/2016

Belgrade,

December 2016


numbering, PP 458/2016

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Pursuant to Article 61 of the Law on Public Procurement (RS Official Gazette, Nos 124/2012,

14/2015 and 68/2015, hereinafter: LPP), Article 2 of the Rules on Mandatory Elements of Tender

Documentation in Public Procurement Procedures and the Manner of Proving the Fulfilment of

Requirements (RS Official Gazette, No 86/2015), Article 40 of the Rulebook on Procurements in the

National Bank of Serbia (G. No 1545 of 13 March 2014, G. No 5808 of 4 August 2014 and G. No 7575

of 12 October 2015), the decision initiating the public procurement procedure (G. No 8745 of 18

November 2016) and the decision establishing the Public Procurement Committee (G. No 8746 of 18

November 2016), the following was prepared:

TENDER DOCUMENTS

for the public procurement of the system for electronic tracking of the validity of numbering,

PP 458/2016

The Tender Documents contain:

1 GENERAL INFORMATION ON PROCUREMENT ..........................................................................3 2 TYPE, TECHNICAL CHARACTERISTICS, QUALITY, QUANTITY AND DESCRIPTION OF

GOODS .........................................................................................................................................................4 3 TECHNICAL SPECIFICATION ..........................................................................................................5 4 LIST OF PARTICIPATION REQUIREMENTS UNDER ARTICLES 75 AND 76 OF THE LPP

AND INSTRUCTIONS FOR PROVING THE FULFILMENT OF THE REQUIREMENTS ....................6 5 CONTRACT AWARD CRITERION ...................................................................................................9 6 FORMS INTEGRAL TO THE BID: ...................................................................................................10 7 MODEL CONTRACT ........................................................................................................................21 8 INSTRUCTIONS TO BIDDERS ON HOW TO PREPARE THE BID .............................................28 9 AGREEMENT BY WHICH BIDDERS IN A GROUP OF BIDDERS COMMIT TO EACH OTHER

AND TO THE CONTRACTING AUTHORITY TO EXECUTE PUBLIC PROCUREMENT ................37

The Committee:

1) Nikola Rajić, member;

Mirjana Grozdanić, alternate;

2) Nada Ćipranić, member;

Maša Vukčević, alternate;

3) Miroslav Marković, member;

Nataša Boljanović, alternate



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1 GENERAL INFORMATION ON PROCUREMENT

1.1 Name, address and website of the Contracting Authority:

National Bank of Serbia

Kralja Petra 12, Belgrade

www.nbs.rs

1.2 Type of public procurement procedure: open procedure.

1.3 Subject matter of the public procurement of goods – system for electronic tracking of the validity

of numbering.

1.4 This is not a restricted public procurement.

1.5 There is no electronic auction.

1.6 This procedure is conducted for the purpose of awarding a contract, rather than concluding a

framework agreement.

1.7 Contact: [email protected], every business day (Monday – Friday) from 7.30 a.m. to 4.30 p.m.

http://www.nbs.rs/

mailto:[email protected]



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2 TYPE, TECHNICAL CHARACTERISTICS, QUALITY, QUANTITY AND DESCRIPTION

OF GOODS

2.1 TYPE OF GOODS:

Procurement of goods – system for electronic tracking of the validity of numbering, PP 458/2016.

2.2 TECHNICAL CHARACTERISTICS:

Technical characteristics of the goods that are the subject matter of this public procurement are

presented in Chapter 3 of the Tender Documents.

2.3 QUALITY:

In line with the requirements in the Technical Specification.

2.4 QUANTITY AND DESCRIPTION OF GOODS:

In line with the requirements in the Technical Specification.

2.5 QUALITY CONTROL AND QUALITY ASSURANCE:

The control of goods supplied is performed at the time the record of delivery and receipt is signed

by the representative of the Contracting Authority.

2.6 DELIVERY DEADLINE:

As stated in the bid documents.

2.7 PLACE OF DELIVERY:

Institute for Manufacturing Banknotes and Coins – Topčider, Pionirska 2, Belgrade.


numbering,

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3 TECHNICAL SPECIFICATION

System for electronic tracking of the validity of numbering

The system must be compatible with Atlantic Zeiser numerators, model K01 D374 09-

STG ZAV.

90 such numerators are used for numbering products on the Super Numerota 212

machine.

The system should operate on the ENC principle and must allow for the option of

multiple readings of the state of numerators in a unit of time (sample 1 second). The system

should have the option to control the written numbers, to control the position of numbering,

to control the line writing and the option to stop the entire system in case of an error.

We understand the system to include:

- cables, electronics and other parts that need to be replaced in the existing system;

- transport of the system for electronic tracking;

- work of the maintenance technician who will install the system and set it into operation, and

training of operators at the contracting authority’s premises.



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4 LIST OF PARTICIPATION REQUIREMENTS UNDER ARTICLES 75 AND 76 OF

THE LPP AND INSTRUCTIONS FOR PROVING THE FULFILMENT OF THE

REQUIREMENTS

Table 1

No Requirements and evidence of meeting the requirements

1

Requirement: The Bidder must be registered with the competent authority, i.e. entered in the appropriate business register. Evidence: FOR LEGAL ENTITIES AND ENTREPRENEURS: Excerpt from the registry of the competent authority – Business Registers Agency; FOR A NATURAL PERSON: /. FOR A FOREIGN BIDDER: Excerpt from the registry.

2

Requirement: The Bidder and its legal representative have not been convicted of any criminal act as members of an organised crime group, nor convicted of a commercial criminal offence, criminal offence against the environment, criminal offence of receiving or offering bribe, criminal offence of fraud; Evidence: FOR LEGAL ENTITIES: For offences of organised crime – CERTIFICATE OF THE SPECIAL DEPARTMENT (FOR ORGANISED CRIME) OF THE HIGHER COURT IN BELGRADE, Ustanička 29, Belgrade, certifying that the Bidder has not been convicted of any criminal offence of organised crime; For commercial criminal offences, criminal offences against the environment, criminal offences of receiving or offering bribe, or criminal offence of fraud – CERTIFICATE OF THE COURT OF FIRST INSTANCE (which includes information from the Criminal Offence Registry under the competence of the Crime Department of the Higher Court) on whose territory the head office of the domestic legal entity or a branch office of the foreign legal entity is located, confirming that the Bidder has not been convicted of a commercial criminal offence, criminal offence against the environment, criminal offence of receiving or offering bribe, or a criminal offence of fraud. Note: If the Certificate issued by the Court of First Instance does not include information from the Criminal Offence Registry for the criminal offences falling within the scope of work of the regular Crime Department of the Higher Court, the Bidder shall submit the Certificates issued by the Court of First Instance and the Higher Court. FOR LEGAL REPRESENTATIVES OF LEGAL ENTITIES: An excerpt from the Criminal Offence Registry, i.e. the relevant POLICE ADMINISTRATION OF THE MINISTRY OF THE INTERIOR (by place of birth or residence) confirming that he/she has not been convicted of any criminal offence as a member of an organised crime group, that he/she has not been convicted of any commercial criminal offences, criminal offences against the environment, criminal offences of receiving or offering bribe, or a criminal offence of fraud. FOR ENTREPRENEURS AND NATURAL PERSONS: An excerpt from the Criminal Offence Registry, i.e. the relevant POLICE ADMINISTRATION OF THE MINISTRY OF THE INTERIOR (by place of birth or residence) confirming that he/she has not been convicted of any criminal offence as a member of an organised crime group, that he/she has not been convicted of any commercial criminal offences, criminal offences against the environment, criminal offences of receiving or offering bribe, or a criminal offence of fraud; NOTE: If there is more than one legal representative, an excerpt from the Criminal Offence Registry shall be submitted for each of them.



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(Evidence may not be older than two months prior to bid opening)

3

Requirement: Full payment of due taxes, contributions and other public charges in accordance with regulations of the Republic of Serbia or a foreign country where its head office is located. Evidence: FOR LEGAL ENTITIES AND ENTREPRENEURS: A) Certificate of payment issued by the Tax Administration of the Ministry of Finance of the Republic of Serbia (taxes, contributions and other public charges) and B) Certificate of payment issued by the relevant local government unit – city/municipality (local public revenues), or C) Certificates of the competent body testifying that the Bidder is undergoing privatisation. FOR NATURAL PERSONS: A) Certificate of payment issued by the Tax Administration of the Ministry of Finance of the Republic of Serbia (for taxes, contributions and other public charges) and B) Certificate of payment issued by the local government unit – city/municipality (local public revenues). FOR A FOREIGN BIDDER: Appropriate evidence proving the fulfilment of the requirements. (Evidence may not be older than two months prior to the bid opening)

4

The Bidder has fulfilled obligations under applicable regulations on safety at work, employment and working conditions and environmental protection, and has not been pronounced a measure prohibiting it from the performance of activities at the time of bid submission; Evidence: Form of statement on compliance with regulations (signed and stamped) (Chapter 6.3)

Table 2

List of other mandatory documents and forms to be submitted along with the bid:

1 Bid Form (filled out, signed and stamped), (Chapters 6.1)

2 Model contract (filled out, signed and stamped), (Chapter 7)

3 Form of statement on independent bid (signed and stamped) (Chapter 6.2)

4

Manufacturer’s documents (manufacturer’s catalogue, manufacturer’s certificate and similar),

containing the technical description of the offered goods or the official website of the manufacturer

– link to the website showing the technical characteristics of the goods offered.

Technical characteristics of the offered goods prepared, signed and stamped by the Bidder shall

not be accepted, unless the Bidder is also the manufacturer.

Note: If any of the requested technical characteristics cannot be determined based on the

submitted documents or on the manufacturer’s official website, the Contracting Authority may

request additional clarifications from the Bidder.

5 Form of statement on legal representatives (signed and stamped) (Chapter 6.5)

6 Agreement (IF ACTING AS A GROUP OF BIDDERS – Model Agreement in Chapter 9)



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NOTES:

1. If the bid is submitted with a Subcontractor:

Along with its bid, the Bidder shall submit evidence proving that the Subcontractors meet

the requirements stated in Chapter 4, Table 1, items 1 to 4.

2. If the bid is submitted by a Group of Bidders:

Each Bidder in a Group of Bidders must meet the mandatory requirements referred to in

Chapter 4, Table 1, items 1 to 4, and prove it in the manner set forth in the Tender Documents

(Chapter 4, Table 1, items 1 to 4).

Evidence proving the fulfilment of requirements under Article 75 of the LPP may be in

uncertified copies.

The Bidder is not obliged to submit evidence publicly available on websites of competent

bodies, such as the Excerpt from the registry of the competent authority – Business Registers

Agency;

If there is more required evidence publicly available on websites of competent bodies, the

Bidder should state the website where the requested data are publicly available.

The Bidder/Subcontractor registered in the Registry of Bidders pursuant to Article 78,

paragraph 5 of the LPP is not obliged to submit evidence listed in Table 1, under numbers 1 to 3. The

Committee shall verify that the Bidder/Subcontractor is entered into the Registry of the Bidders.

If the country where the Bidder’s head office is located does not issue the evidence

referred to in Article 77 of the LPP, the Bidder may submit, instead of evidence, its own

written statement given under full financial and criminal liability, certified by a court or

administrative authority, public notary or other competent authority of the country in

question.

If the Bidder’s head office is located in another country, the Contracting Authority may

verify whether the documents substantiating that the Bidder meets the requested requirements have

been issued by competent authorities of such a country, pursuant to Article 79, paragraph 8 of the

LPP.

The Bidder shall immediately inform the NBS in writing about any change relating to the

fulfilment of requirements in the public procurement procedure, occurring before the adoption of the

decision and/or conclusion of the contract, or during contract validity, and shall provide documents

substantiating such change in the prescribed manner.



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5 CONTRACT AWARD CRITERION

5.1 CRITERION

The selection between the submitted appropriate and acceptable bids will be made using the

criterion of the “lowest offered price”.

5.2 TWO OR MORE BIDS WITH EQUAL LOWEST PRICE

If the same lowest offered price is quoted in two or more bids, the contract shall be awarded to

the Bidder offering the shortest delivery deadline, while in the case the delivery deadline is the same,

the contract shall be awarded to the Bidder offering the longest warranty period. In case the warranty

period is the same, the contract shall be awarded to the Bidder offering the longest payment term.

If the contract may not be awarded in this way because the bids are still equal in all aspects,

the Bidder will be selected by drawing lots.

All bidders that submitted acceptable bids that are ranked equally will be invited to attend

contract awarding by drawing lots.

The Public Procurement Committee shall schedule the time and place of the draw and invite

the Bidders’ authorised representatives to attend the draw. During the draw, Bidders’ representatives

will write the names of Bidders on special pieces of paper. Members of the Public Procurement

Committee shall give them identical envelopes in which they will each place their filled out piece of

paper. These envelopes will be manually shuffled in the presence of all Bidders, after which the

Bidders’ envelopes will be drawn at random and the bids ranked by the order in which the envelopes

were drawn, of which a Record of the draw under the procedure PP 458/2016 will be made.

If an invited Bidder does not respond to the invitation to attend the draw, the members of the

Public Procurement Committee shall, in front of the attending authorised Bidders’ representatives,

put pieces of paper with the names of absent Bidders in empty envelopes, which will be included in

the draw procedure, along with the envelopes of the attending authorised representatives of Bidders.

The same procedure will be followed if no bidder attends the draw.



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6 FORMS INTEGRAL TO THE BID:

- Bid Form (Chapter 6.1);

- Form of statement on independent bid (Chapter 6.2);

- Form of statement on compliance with regulations (Chapter 6.3);

- Form of statement on bid preparation costs (not mandatory) (Chapter 6.4);

- Form of statement on legal representatives (Chapter 6.5).

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PP No 458/2016

6.1 BID FORM

for the public procurement of goods – system for electronic tracking of the validity of numbering

I submit the bid (indicate the manner of bid submission):

a) independently b) as a joint bid c) bid with a Subcontractor

No Type of goods Unit Quantity

Manufacturer and

model/type of the product

Price in RSD/EUR exclusive of VAT

(indicate the currency)

Price in RSD/EUR inclusive of VAT

(indicate the currency)

1

System for electronic tracking of numbering

(fully in accordance with the Technical Specification)

piece 1

Deadline for delivery, installation, setting the system into operation and employee training: (maximum 45 calendar days)

________ calendar days from the contract conclusion date

Payment method:

ADVANCE PAYMENT: YES _____% NO

(indicate)

(state % if the advance payment is requested – the maximum amount of the advance payment can be

30%)

Payment term: (minimum 15 days – maximum 45 days)

I payment option: _____ days from the date of receipt of a valid invoice

submitted upon the delivery verified by a record, including installation, setting the system into operation

(SAT) and serves as the basis for the quality verification of the system and employee training

II payment option – advance payment:

_____ days from the date of receipt of a valid advance invoice and bank guarantee for advance

payment refund, and the outstanding amount within the same deadline, starting from the date of

of receipt of a valid invoice submitted upon the delivery verified by a record, including also setting the system

into operation (SAT) and serves as the basis for the


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quality verification of the system and employee training

Deadline for delivery of the advance invoice and bank guarantee: (This field is filled out only in case advance payment is requested)

Up to ____ days from the contact conclusion date

Deadline for removal of deficiencies during warranty term (maximum 48 hours for domestic bidders and maximum 96 hours for foreign bidders)

_____ hours from the receipt of the written invitation from the Buyer’s representative

Warranty period for the goods offered: (minimum 12 months)

_______ months from the date of signing the SAT

Official website of the manufacturer of the offered goods: (this field is not mandatory)

Bid validity period: (minimum 60 calendar days)

________ calendar days from the bid opening date

Note: Indicate whether a EUR.1 certificate – document proving that the goods are imported to Serbia from the European Union – is submitted, or the goods are accompanied by the Statement on authorisation on the account – original (if the goods are from the European Union) – foreign seller.

Goods are accompanied by the EUR.1 certificate or the Statement on authorisation on the account

YES NO

(indicate)

Contact person for contract execution, e-mail, telephone:

Note:

The price includes the price of goods and any costs incurred by the Bidder during contract

execution.

Prices of goods that are the subject of the procurement may be expressed in dinars or a foreign

currency – euros.

A DOMESTIC BIDDER shall express the price of goods including all costs to the premises of

the buyer – Institute for Manufacturing Banknotes and Coins – Topčider, Belgrade, Pionirska 2

(including the costs of customs and freight forwarding), exclusive of value added tax.

A FOREIGN BIDDER shall express the price of goods in accordance with DAP parity

(Incoterms 2010), exclusive of taxes.

For the bids of domestic and foreign bidders to be comparable, Article 86, paragraph 5 of

the Law on Public Procurement prescribes that the offered price of a foreign bidder includes

customs duties. In this regard, for bid-ranking purposes, the price of a foreign bidder stated in

the bid form shall be increased by the costs of freight forwarding services to be incurred by the

National Bank of Serbia in the amount of RSD 12,000.00 (price of the service which the NBS

pays to the freight forwarder under a contract for one customs clearance) and the customs rate

in accordance with the regulations of the Republic of Serbia and applied to imports from the

bidder’s country.

If the bidder’s goods are to be accompanied by a EUR.1 certificate, the bidder shall state so in the

bid form, in the “Notes” section.

To assess a bid in which prices are expressed in euros, prices will be converted into dinars at the

appropriate middle exchange rate of the National Bank of Serbia on the day of bid opening.

At delivery, the Seller shall deliver the User Manual and the Technical Documentation for the

system (in English) and the Safety guidelines for the system (in Serbian and English).


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The bid price must include:

- cables, electronics and other parts that need to be replaced in the existing system;

- transport and customs clearance of the system for electronic tracking;

- work of the maintenance technician who will install the system and set it into operation, and

training of operators at the contracting authority’s premises.

In line with the deadline agreed under the contract, the Seller shall announce the delivery of goods

by sending an email to [email protected], with the following data: date and time of delivery, the Seller’s

data, names of persons who will deliver the goods and the vehicle registration plate.

When invoicing the goods supplied, the Seller shall state on the invoice the number under which

the contract has been registered in the Buyer’s records (G. No) and the number of the public procurement –

PP 458/2016.

- Enclosures to the Bid Form:

Enclosure 1 (data on the Bidder),

Enclosure 2 (data on members of the Group of Bidders) and

Enclosure 3 (data on the Subcontractor).



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ENCLOSURE 1

FORM – DATA ON THE BIDDER

(WHEN PARTICIPATING INDEPENDENTLY OR WITH A SUBCONTRACTOR)

Bidder’s business name:

Address of the head office:

Contact person:

Email:

Telephone:

Fax:

Bidder’s tax identification number

(TIN):

Bidder’s registration number:

Account number:

Bidder’s representative registered with

the Business Registers Agency

authorised to sign the contract

If the contract is signed by another person, the authorisation of the Bidder’s representative registered

with the Business Registers Agency proving that such a person may sign the public procurement contract

shall be submitted along with the signed contract.


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ENCLOSURE 2

FORM – DATA ON THE BIDDER

(WHEN PARTICIPATING IN A JOINT BID)

Bidder’s business name:


Contact person:

Email:

Telephone:

Fax:

Bidder’s tax identification number

(TIN):

Bidder’s registration number:

Account number:

*Bidder’s representative registered

with the Business Registers Agency

authorised to sign the contract

If the contract is signed by another person, the authorisation of the Bidder’s representative registered

with the Business Registers Agency proving that this person may sign the contract shall be submitted along

with the signed contract.

*The section on the representative is only filled in by the member of the Group of Bidders that will

sign the contract on behalf of the Group.

This statement is copied and submitted for each member of the Group separately.


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ENCLOSURE 3

FORM – DATA ON THE SUBCONTRACTOR

Subcontractor’s business name:


Contact person:

Email:

Telephone:

Fax:

Subcontractor’s tax identification

number (TIN):

Subcontractor’s registration number:

Account number:

Percentage of the total value of

procurement to be outsourced to the

Subcontractor, not exceeding 50%:

Part of the subject of the procurement

which will be executed by the

Subcontractor:

If the Bidder is participating with several Subcontractors, this statement must be copied and

submitted for each Subcontractor separately.


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6.2 FORM OF STATEMENT ON INDEPENDENT BID

STATEMENT

ON INDEPENDENT BID

I hereby declare the following under full financial and criminal liability:

- I submitted the bid independently, without any agreement with other bidders or interested parties;

Date: Stamp Bidder’s signature

Note: Should there be reasonable doubt as to the truthfulness of the statement on independent bid, the

Contracting Authority shall immediately inform the authority in charge of competition protection thereof.

The authority in charge of competition protection may impose a measure of prohibition of participating in

the public procurement procedure to the Bidder, i.e. interested party, if it establishes that the Bidder, i.e.

interested party has violated competition in the PP procedure, within the meaning of the Law governing

competition protection. The measure of prohibition can last up to two years. The violation of competition

represents a negative reference, as stipulated in Article 82, paragraph 1, item 2 of the Law.

If the bid is submitted by a Group of Bidders, the Statement must be stamped and signed by the

authorised persons of each Bidder in the Group of Bidders.


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6.3 FORM OF STATEMENT ON COMPLIANCE WITH REGULATIONS

STATEMENT

ON COMPLIANCE WITH REGULATIONS

I hereby declare the following under full financial and criminal liability:

- I have fulfilled obligations under applicable regulations on safety at work, employment and working

conditions and environmental protection, and I have not been pronounced a measure prohibiting me from

the performance of activities at the time of bid submission.


If the bid is submitted by a Group of Bidders: the Statement must be stamped and signed by the

authorised persons of each Bidder in the group of bidders.

If the bid is submitted by the Bidder and a Subcontractor: the Statement must be stamped and

signed by the authorised persons of the Bidder and the Subcontractor.


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6.4 FORM OF STATEMENT ON BID PREPARATION COSTS

STATEMENT

ON BID PREPARATION COSTS

I hereby declare under full financial and criminal liability that I have incurred the following costs in

this public procurement procedure:

COST AMOUNT

_______________ RSD/EUR excl. of VAT







In accordance with Article 88 of the LPP, the Bidder may include in its bid the total amount and

structure of bid preparation costs.

The costs of preparation and submission of the bid are borne exclusively by the Bidder and

cannot be reimbursed by the Contracting Authority.

If the public procurement procedure was cancelled due to reasons related to the Contracting

Authority, the Contracting Authority shall reimburse to the Bidder the costs of the production of a

sample or model, if these were made in accordance with the technical specifications of the

Contracting Authority, and the costs of acquiring collateral, provided that the Bidder requested the

reimbursement of these costs in its bid.

*Pursuant to the Rulebook on Mandatory Elements of Tender Documentation in Public Procurement

Procedures and the Manner of Proving the Fulfilment of Conditions (RS Official Gazette, No 86/2015), this

statement is a mandatory element of the Tender Documents.

NOTE: SUBMISSION OF THIS STATEMENT IS NOT MANDATORY.



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6.5 FORM OF STATEMENT ON LEGAL REPRESENTATIVES

STATEMENT

ON LEGAL REPRESENTATIVES

I hereby declare under full financial and criminal liability that pursuant to the regulations of the

country where our head office is located, our legal representatives are the following:



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7 MODEL CONTRACT

ON THE PURCHASE OF SYSTEM FOR ELECTRONIC TRACKING OF THE VALIDITY

OF NUMBERING

concluded between:

NATIONAL BANK OF SERBIA

Kralja Petra 12, Belgrade,

represented by _________________

(hereinafter: the Buyer)

on the one part

and

____________________________________

_________________________________

represented by ______________________, Manager

(hereinafter: the Seller)

on the other part

__________________________

__________________________

(other Bidders in the Group of Bidders)


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SUBJECT MATTER

Article 1

Subject matter of this Contract is the purchase of goods – system for electronic tracking of the validity

of numbering (hereinafter: goods), in accordance with the Seller’s bid registered with the Buyer under No /

of / 2016 (filled out by the Buyer), the Technical Specification from the Tender Documents and the

manufacturer’s documents/data from the official website of the manufacturer of goods containing the

technical characteristics of the offered goods, which are integral to this Contract.

(The Seller participates with a Subcontractor ___________________, Street _____________ in

_________________________, which will execute a part of the procurement, namely the part:

_____________________________).

PRICE

Article 2

If the offered price is expressed in dinars – domestic bidder:

The price of the goods referred to in Article 1 hereof is RSD ________________.

If the offered price is expressed in euros – domestic bidder:

The price of the goods referred to in Article 1 hereof is EUR ________________.

The price specified in paragraph 1 hereof is exclusive of value added tax.

If the payment is to be made to a foreign bidder:

The price of the goods referred to in Article 1 hereof (excluding costs of freight forwarding and

customs) specified in the bid form to be paid to a foreign bidder is EUR ________________ at DAP parity

(Incoterms 2010).

Costs of freight forwarding and customs shall be borne by the Buyer. Costs of freight forwarding shall

be paid at the price from the Contract between the National Bank of Serbia and the freight forwarder, while

the customs rate will be determined based on regulations governing the procedure of imports and the

information of the Customs Administration.

PAYMENT

(NOTE: THE SELLER CHOSES AND FILLS OUT THE SELECTED OPTION IN LINE WITH

THE BID FORM)

Article 3

I payment option

(The Buyer shall pay the price of the goods determined in the bid form referred to in Article 1 hereof

within _________ days from the date of receipt of a valid invoice (invoice which is in line with the bid and

the concluded contract and which contains all elements prescribed by law) submitted upon the delivery

verified by a record (Article 7 hereof), including installation, setting the system into operation (SAT) and

serves as the basis for the quality verification of the goods and includes employee training.)

II payment option

(In case of advance payment, the Buyer shall make advance payment in the amount of EUR/RSD

__________ to the Seller within _____ days of the date of receipt of a valid advance invoice and bank

guarantee for advance payment refund, and the outstanding amount within the same deadline, starting from

the date of receipt of a valid invoice submitted upon the delivery verified by a record, including also setting


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the system into operation (SAT) and serves as the basis for the quality verification of the system and

employee training).

The Seller shall submit the advance invoice referred to in paragraph 1 hereof within _____ days of the

contract conclusion date, and shall also submit a bank guarantee for advance payment refund which covers

the value of the requested advance payment, enlarged by the amount of the accompanying tax.

The bank guarantee must be unconditional and payable on first demand. It must be valid for a

minimum of 10 days upon the expiry of the deadline for delivery, installation and setting the goods into

operation.

The bank guarantee cannot contain any additional payment conditions, shorter deadlines than those

specified by the Contracting Authority, smaller amount or altered jurisdiction for dispute settlement than

that specified by the Buyer in this contract.

The Seller may submit a foreign bank’s guarantee only if the bank is assigned a credit rating of at least

3 (investment ranking).

Along with the bank guarantee, the specimen signature card of authorised persons of the bank that

issued the bank guarantee shall be submitted.

The bank guarantee shall be kept in the Buyer’s portfolio until the fulfilment of contractual

obligations, after which it shall be returned to the other contracting party.

If deadlines for the execution of the contractual obligation change or other circumstances arise which

prevent the execution of contractual obligations during the contract validity period, the validity of the bank

guarantee must be extended.

SUPPLY OF GOODS

Article 4

The Seller shall supply the goods to the Buyer within _____ days of the Contract conclusion date, in

accordance with DAP parity (Incoterms 2010) – to the Buyer’s warehouse at the address of the Institute for

Manufacturing Banknotes and Coins – Topčider, Pionirska 2, Belgrade (hereinafter: Institute) – foreign

seller.

The Seller shall supply the goods to the Buyer including all costs within _____ days of the contract

conclusion date, to the Buyer’s warehouse at the address of the Institute for Manufacturing Banknotes and

Coins – Topčider, Pionirska 2, Belgrade (hereinafter: Institute) – domestic seller.

The Seller shall announce time of the delivery of goods by sending an email to [email protected]

with the following data: date and time of the delivery, data on the Seller, names of persons who will deliver

the goods and the vehicle registration plate number.

At the delivery of goods, the Seller shall submit the following documents to the Buyer:

- invoice (one original and two copies);

- dispatch notice (one original) – domestic seller;

- bill of lading (one original and two copies) – foreign seller;

- EUR.1, the document certifying that the goods are imported to Serbia from the European Union, or

the Statement on authorisation on the account – original (if the goods are from the European Union) –

foreign seller.

The Seller shall deliver the goods along with other documents required for imports and customs

clearance, which are provided by the Seller – foreign bidder.

After the dispatch of goods, the Seller shall deliver one original copy of the invoice to the Buyer as

soon as possible, via a courier service – express mail.


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Delivery shall also include:

- transport and installation of the goods;

- SAT (Site Acceptance Test) for the final takeover of the machine and full verification of the

functionality of the machine, which serves as the basis for the quality verification of the goods;

- operators training;

At delivery, the Seller shall deliver to the Buyer the User Manual and the Technical Documentation

for the system (in English) and the Safety guidelines for the system (in Serbian and English).

Article 5

The Seller shall be liable to the Buyer if a third party claims any rights to the goods delivered which

either exclude, reduce or restrict the Buyer’s right to the use and disposal of such goods.

LIABILITY FOR LEGAL DEFICIENCIES

Article 6

The Seller shall deliver to the Buyer goods free of any rights or claims of third parties.

The Seller shall be liable to the Buyer if a third party claims any rights to the goods delivered which

either exclude, reduce or restrict the Buyer’s right to the use and disposal of such goods.

TAKEOVER OF GOODS

Article 7

The parties shall verify the quality and quantity of the goods, of which a Record shall be made (SAT

– Site Acceptance Test), which shall be signed by the representative of the Buyer and the representative of

the Seller, and shall be produced in two copies, of which each party shall retain one.

At takeover, the Buyer’s representative shall inspect the supplied goods in the usual manner and

immediately inform the Seller of any identified defects.

If a defect is identified after the takeover that could not have been detected through usual inspection,

the Buyer shall immediately notify the Seller of such a defect in writing, following the day the defect was

identified.

If the Seller knew or had to know about the defects, the Buyer is entitled to refer to such defects even

if it did not perform the obligatory inspection of the goods or if the Buyer failed to notify the Seller of the

identified defect in a timely manner.

In case the Buyer did not perform its obligation to inspect the delivered goods immediately and inform

the Seller of the existence of a defect of which the Seller was aware or had to be aware, the Buyer shall

have the right to inform the Seller thereof even if such a defect was detected upon the expiry of six months

from the takeover of goods.

CONTRACTUAL PENALTY

Article 8

If the Seller fails to meet the contractual obligation referred to in Article 1 hereof within the agreed

deadline, provided such a failure is not caused by the Buyer or force majeure, the Seller shall pay to the

Buyer 0.2% of the price specified in Article 2 hereof for each day of the delay, whereby the total

contractual penalty may not exceed 10% of the price specified in Article 2 hereof.

The contractual penalty referred to in paragraph 1 hereof starts from the first day after the expiry date

of the agreed deadline for the fulfilment of the contractual obligation and counts until the day the

contractual obligation is met, and at most until the day when the value of the calculated contractual penalty

reaches 10% of the total price specified in Article 2 hereof.

If the Seller fails to meet the contractual obligation or meets such an obligation partially, the Buyer is

entitled to charge a contractual penalty of 10% of the price specified in Article 2 hereof.


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The Seller shall submit a credit note for the purposes of paying the contractual penalty referred to

herein within 8 days of receiving a written request from the Buyer.

The Buyer’s right to charge a contractual penalty does not affect its right to demand damage

compensation.

FINANCIAL COLLATERAL

Article 9

The financial collateral by which the bidder shall ensure the fulfilment of its obligations: a bank

guarantee for good job performance, potential payment of contractual penalty and removal of defects

within the warranty period, and a bank guarantee for advance payment refund (in case of advance payment)

which the Seller shall deliver during contract conclusion or within 7 days of the day the contract is signed

by both parties to the address: National Bank of Serbia, Procurement Department, Public Procurement

Division, Nemanjina 17, Belgrade.

The bank guarantee must be unconditional and payable on first demand. It cannot contain any

additional payment conditions, shorter deadlines than those specified by the Contracting Authority, smaller

amount than that specified by the Contracting Authority, or altered jurisdiction for dispute settlement.






The successful bidder shall submit the bank guarantee for good job performance in the amount of 10%

of the contract value.

The validity of the bank guarantee for good job performance is at least ten days longer than the

warranty period.

Article 10

If the Seller fails to submit to the Buyer the credit note for the purpose of charging contractual penalty

within the deadline referred to in Article 8, paragraph 4 hereof, the Seller hereby authorises the Buyer to

charge the contractual penalty and other costs against the bank guarantee determined in Article 9 hereof, in

the amount of up to 10% of the total price referred to in Article 2 hereof.

WARRANTY PERIOD

Article 11

The warranty period for the delivered goods shall be ________ months from the date of signing the

SAT.

The Seller shall respond to the invitation from the Buyer’s representative to remove deficiencies

within _____ hours from the receipt of the invitation from the Buyer’s representative to remove

deficiencies during the warranty period.

If, due to malfunctioning, the goods have been replaced or repaired significantly, the warranty period

shall start again upon the replacement of the goods and/or upon return of the repaired goods.

COMING INTO FORCE

Article 12

This Contract comes into force on the day it is signed by the authorised persons of both parties.


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CONTRACT TERMINATION

Article 13

Either party may terminate the contract in case the other party fails to meet its contractual obligations.

A failure to meet contractual obligations exists: when a contractual obligation is not met, when it is

partially met, or when it is met, but not in the manner envisaged by the contract.

The party terminating the contract shall inform the other party of contract termination by sending a

written notification via registered mail with a return receipt or electronically (email).

CONTRACT CANCELLATION

Article 14

Either party may cancel the Contract.

The parties agree that the cancellation notice period in case referred to in paragraph 1 hereof is 30 days

from the day of submission of the written notification of cancellation and evidence of its justifiability.

If either party cancels the Contract without a justified and objective reason which may be proved, the

other party is entitled to charge the contractual penalty in the amount of 10% of total Contract value on

account of unjustified cancellation.

OTHER PROVISIONS

Article 15

Neither party may transfer the Contract or any right or liability hereof onto a third party.

Article 16

The Seller shall immediately notify the Buyer in writing of any changes in relation to the fulfilment of

requirements from the public procurement procedure during contract validity and document them in the

prescribed manner, stating the number of the Contract in the Buyer’s records (G. No) and the number of the

public procurement – PP 458/2016.

APPLICABLE LAW

Article 17

In case of a domestic bidder:

Issues not regulated by this contract shall be governed by the Law on Contracts and Torts.

In case of a foreign bidder:

Issues not regulated by this contract shall be governed by the Swiss Federal Code of Obligations

DISPUTES SETTLEMENT

Article 18

In case of a domestic bidder

The parties agree to resolve amicably any disputable issues under this contract. Any disputes that are

not resolved amicably shall be resolved by the Commercial Court in Belgrade.

In case of a foreign bidder

The parties agree to resolve amicably any disputable issues under this contract.

Any disputes which may arise herefrom or in relation herewith shall be finally resolved in accordance

with the rules of Foreign Trade Arbitration at the Serbian Chamber of Commerce, in accordance with its

Rulebook. The place of arbitration shall be Belgrade.


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The language used in the arbitration procedure and correspondence shall be English.

Article 19

In case of a domestic bidder

This contract is made in six (6) identical copies in the Serbian language, of which three (3) copies

shall be retained by each party.

In case of a foreign bidder

This contract is made in six (6) identical copies in the English language, of which three (3) copies

shall be retained by each party.

FOR THE SELLER FOR THE BUYER

____________________

_____________________


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8 INSTRUCTIONS TO BIDDERS ON HOW TO PREPARE THE BID

8.1 DATA ON THE LANGUAGE OF THE BID

The bid may be written in the Serbian or English language.

8.2 MANNER OF BID SUBMISSION

1) The Bidder’s bid (and enclosures) should be manually numbered (every page individually) with a

clearly written number of the page out of the total number of pages (e.g. 1 of 2), initialled and stamped by

the Bidder. The complete documentation (bid) should be punched, tied together with a string and sealed

with sealing wax.

2) A bid must contain all evidence specified in Chapter 4 – List of participation requirements under

Articles 75 and 76 of the LPP and instructions for proving the fulfilment of the requirements and must be

submitted on the forms in the Tender Documents. All statements, Bid Form and Model Contract that are

integral to the bid must be filled out, signed and stamped.

3) If a Bidder participates independently or with a Group of Bidders, the Bidder or an authorised

representative of the Group of Bidders shall submit:

No Form Chapter

1 Bid Form with enclosures (Chapter 6.1)

2 Model Contract (Chapter 7)

3 Form of statement on bid preparation costs (this statement is not mandatory)

(Chapter 6.4)

4 Form of statement on legal representatives (signed and stamped)

(Chapter 6.5)

The Bidder acting independently and each Bidder in а Group of Bidders, including the authorised

representative of the Group of Bidders shall submit:

No Form Chapter

1 Form of statement on independent bid (Chapter 6.2)

2 Form of statement on compliance with regulations (Chapter 6.3)

The authorised representative of the Group of Bidders is the Bidder that is designated as the leading

member in the agreement referred to in Article 81 of the LPP, by which Bidders in a Group of Bidders

commit to each other and to the Contracting Authority to execute the public procurement, i.e. the member

of the Group of Bidders that will submit the bid, sign the forms in the Tender Documents and represent the

Group of Bidders before the Contracting Authority.

4) If a Bidder participates with a Subcontractor, the Bidder shall submit:

No Form Chapter

1 Bid Form with enclosures (Chapter 6.1)

2 Model Contract (Chapter 7)

3 Form of statement on bid preparation costs (this statement is not mandatory)

(Chapter 6.4)

4 Form of statement on independent bid (Chapter 6.2)

5 Form of statement on legal representatives (signed and stamped)

(Chapter 6.5)

The Subcontractor shall submit the filled out, signed and stamped form:

No Form Chapter


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No Form Chapter

1 Form of statement on compliance with regulations (Chapter 6.3)

5) The manner in which the Tender Documents may be obtained, and/or website where the

Tender Documents are available for download:

- Public procurement portal, portal.ujn.gov.rs;

- Website of the Contracting Authority (www.nbs.rs);

- In person, at Nemanjina 17, Belgrade, Procurement Department, Public Procurement

Division, each business day (Monday – Friday), from 7.30 a.m. to 4.30 p.m.

6) Manner and deadline for bid submission: Bidders shall submit their bids in sealed and stamped

envelopes, by registered mail or in person, at the address of the Contracting Authority: National Bank of

Serbia, Nemanjina 17, Belgrade, with the following note:

“Bid for the public procurement of goods – system for electronic tracking of the validity of

numbering,

PP 458/2016 – do not open.”

The name of the Bidder, address and telephone number, and the name of the authorised contact

person should be written on the back of the envelope.

It is preferable that the Bidder submits a copy of the bid along with the original.

Both the original and the copy must be placed in separate envelopes, sealed and stamped, and placed

in a single envelope labelled “Bid for the public procurement of goods – system for electronic tracking of

the validity of numbering, PP 458/2016 – do not open”.

The envelope with the original bid must be labelled “Original bid for the public procurement of

goods – system for electronic tracking of the validity of numbering, PP 458/2016 – do not open”.

The envelope containing the copy of the bid, which is in all aspects identical to the original bid, must

be labelled “Copy of the bid for the public procurement of goods – system for electronic tracking of the

validity of numbering, PP 458/2016 – do not open”.

DEADLINE FOR BID SUBMISSION:

16 January 2017 by 12.00 a.m.

A bid shall be considered timely if it arrives to the registry office of the Contracting Authority at

Nemanjina 17, Belgrade, by 16 January 2017 at 12.00 a.m.

A bid shall be considered untimely if it does not arrive to the registry office of the Contracting

Authority at Nemanjina 17, Belgrade, by 16 January 2017 at 12.00 a.m.

7) Place, time and method of bid opening: Bid opening shall be public and performed immediately

after the expiry of the bid submission deadline, on 16 January 2017 at 12.30 a.m. at Nemanjina 17,

Belgrade, office No 3077, in the presence of members of the Committee in charge of this public

procurement.

8) Requirements for representatives of Bidders to participate in the bid opening procedure:

Bidders’ authorised representatives may participate in the bid opening procedure. Prior to the public bid

opening, Bidders’ representatives who are to attend the bid opening procedure shall submit to the

Contracting Authority written letters of authorisation to prove their capacity to participate in the public bid

opening procedure.

9) Contact: [email protected], every business day (Monday – Friday), from 7.30 a.m. to 4.30

a.m.

8.3 LOTS

This public procurement is not split into lots.



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8.4 BIDS WITH VARIANTS

Bids with variants are not allowed.

8.5 METHOD OF AMENDING, SUPPLEMENTING AND WITHDRAWING BIDS

Pursuant to Article 87, paragraph 6 of the LPP, a Bidder may amend, supplement or withdraw its bid

within the deadline for bid submission. The amendment, supplement or withdrawal of the bid shall be

effective provided that the Contracting Authority receives the amendment, supplement or withdrawal of the

bid prior to the expiry of the bid submission deadline.

Bids shall be amended, supplemented or withdrawn in the manner specified for bid submission.

E.g. “Amendment to the bid for the public procurement of goods – system for electronic tracking of

the validity of numbering, PP 458/2016 – do not open”, or “Supplement to the bid for the public

procurement of goods – system for electronic tracking of the validity of numbering, PP 458/2016 – do not

open” or “Withdrawal of the bid for the public procurement of goods – system for electronic tracking of the

validity of numbering, PP 458/2016 – do not open”.

No bid may be amended, supplemented or withdrawn after the expiry of the bid submission deadline.

8.6 PARTICIPATION IN A JOINT BID OR AS A SUBCONTRACTOR

The Bidder that submitted the bid independently may not simultaneously participate in a joint bid or

as a Subcontractor, nor may it participate in several joint bids.

8.7 FULFILMENT OF REQUIREMENTS BY THE SUBCONTRACTOR

If the Bidder intends to outsource the execution of the procurement to a Subcontractor, it shall state

in its bid whether it will outsource a part of the execution to a Subcontractor, the Subcontractor’s name,

percentage of total value of the procurement to be outsourced to the Subcontractor, which may not exceed

50%, and the part of the procurement subject matter which the Subcontractor will execute.

If a Contract is concluded between the Contracting Authority and the Bidder, the Subcontractor shall

be included in the Contract.

The Bidder shall be fully accountable to the Contracting Authority for the execution of the agreed

procurement, regardless of the number of Subcontractors.

If, after bid submission, a longer lasting payment incapacity occurs on the part of a Subcontractor,

the Bidder may hire, as a Subcontractor, a person not listed in the bid provided that this person meets all

requirements for a Subcontractor, and if it receives prior consent from the Contracting Authority.

The Bidder shall submit evidence for Subcontractors showing that Subcontractors meet the

requirements referred to in Chapter 4, Table 1, items 1 to 4).

8.8 FULFILMENT OF REQUIREMENTS IN A JOINT BID

A bid may be submitted by a GROUP OF BIDDERS.

An integral part of a joint bid is the agreement by which Bidders in the group commit to each other

and to the Contracting Authority to execute the public procurement.

This agreement must contain data on:

- the member of the Group that will act as the leading member, i.e. the member that will submit the bid

and sign the forms from the Tender Documents on behalf of the Group and represent the Group of Bidders

before the Contracting Authority (Model Agreement in Chapter 9).

- the Bidder that will sign the Contract on behalf of the Group of Bidders;

- the Bidder that will provide collateral on behalf of the Group of Bidders;

- the Bidder that will issue the invoice;

- the account to which the payment will be made;

- obligations of each Bidder in the Group of Bidders with respect to the execution of the Contract.


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Bidders in a Group of Bidders shall bear unlimited joint and several liability to the Contracting

Authority.

Each Bidder in a Group of Bidders must meet the requirements referred to in Chapter 4, Table 1, items

1 to 4, and prove it in the manner set forth in Tender Documents (Chapter 4, Table 1, items 1 to 4).

8.9 ESSENTIAL REQUIREMENTS FOR BID ACCEPTABILITY

The offered goods must comply with the requirements of the Contracting Authority and defined

technical characteristics in all aspects.

The invoice containing the number of the procurement and Contract number shall be submitted based

on the record verifying the quantity and quality of the goods delivered.

The payment term shall be specified from the receipt a valid invoice, delivered upon the takeover of

goods verified by a record, which includes installation, setting the system into operation (SAT).

The deadline for delivery, installation, setting the system into operation and employee training is

specified from the contract conclusion date.

The Bidder must define the deadlines precisely, in accordance with the bid form.

Imprecisely defined deadlines (e.g. immediately, as agreed, from-to, successively, etc.) shall not be

accepted. If the Bidder sets the deadlines imprecisely, the bid shall be deemed unacceptable.

8.10 PRICE

Prices of the goods that are the subject of the procurement may be expressed in dinars or a foreign

currency – euros.

A DOMESTIC BIDDER shall express the price of goods including all costs to the premises of the

buyer – Institute for Manufacturing Banknotes and Coins – Topčider, Belgrade, Pionirska 2 (including the

costs of customs and freight forwarding), exclusive of value added tax.

A FOREIGN BIDDER shall express the price of goods in accordance with DAP parity (Incoterms

2010), exclusive of taxes.

For the bids of domestic and foreign bidders to be comparable, Article 86, paragraph 5 of the Law on

Public Procurement prescribes that the offered price of a foreign bidder includes customs duties. In this

regard, for bid-ranking purposes, the price of a foreign bidder stated in the bid form shall be increased by

the costs of freight forwarding to be incurred by the National Bank of Serbia in the amount of RSD

12,000.00 (price of the service which the NBS pays to the freight forwarder under a contract for one

customs clearance) and the customs rate in accordance with the regulations of the Republic of Serbia and

applied to imports from the bidder’s country.

To assess a bid in which prices are expressed in euros, prices will be converted into dinars at the

appropriate middle exchange rate of the National Bank of Serbia on the day of bid opening.

If an unusually low price is stated in the bid, the Contracting Authority will act in accordance with

Article 92 of the LPP.

8.11 FINANCIAL COLLATERAL

1. The financial collateral for good job performance, potential payment of contractual penalty and

removal of defects within the warranty period is a bank guarantee.

The bank guarantee must be unconditional and payable on first demand. It cannot contain any

additional payment conditions, shorter deadlines than those specified by the Contracting Authority, smaller

amount than that specified by the Contracting Authority, or altered jurisdiction for dispute settlement.







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The successful bidder submits the bank guarantee during contract conclusion or within seven days of

the day the contract is concluded, and prior to delivery of the goods, in the amount of 10% of the contract

value, and its validity is at least ten days longer than the warranty period.


issued the bank guarantee is submitted.

2. Financial collateral for advance payment refund is a bank guarantee, submitted, at latest, along with

the advance invoice.

The bank guarantee for advance payment refund is submitted in the amount of advance payment

including accompanying tax. The bank guarantee must be unconditional and payable on first demand. It

must be valid for a minimum of 10 days upon the expiry of the deadline for delivery, installation and

setting the machine into operation.

The bank guarantee cannot contain any additional payment conditions, shorter deadlines than those

specified by the Contracting Authority, smaller amount or altered jurisdiction for dispute settlement than

that specified by the Buyer in this contract.




issued the bank guarantee shall be submitted.

The bank guarantee shall be kept in the Buyer’s portfolio until the fulfilment of contractual

obligations, after which it shall be returned to the other contracting party.




8.12 DETERMINING CONFIDENTIALITY

This procurement does not contain confidential information made available by the Contracting

Authority.

8.13 MANNER OF OBTAINING TECHNICAL DOCUMENTS THAT CANNOT BE PUBLISHED

DUE TO SIZE AND TECHNICAL REASONS

All documents necessary for this procurement have been published.

8.14 ADDITIONAL INFORMATION AND CLARIFICATIONS

An interested person may request additional information or clarifications relating to bid preparation

in writing, with the option of notifying the Contracting Authority about potential deficiencies and

irregularities in the Tender Documents, at the following address: National Bank of Serbia, Nemanjina 17,

Belgrade, or via email: [email protected], by no later than five days before the expiry of the deadline

for bid submission.

The Contracting Authority will respond to the inquiry and publish the amendments and supplements

to the Tender Documents on the Public Procurement Portal and its website, link: Tenders.

Additional information and clarifications may be requested each business day (Monday – Friday),

from 7.30 a.m to 4.30 p.m, via email: [email protected].

Interested persons/Bidders and the Contracting Authority shall communicate in the manner specified

in Article 20 of the LPP, as follows:

- via email or post, while the Contracting Authority may also do so on the Public Procurement Portal

and its website, link: Tenders;






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- if a document in the public procurement procedure was submitted by the Contracting Authority or

Bidder by email, the sender must request from the receiving party to confirm the receipt of such

document by the same means, which the other party is obligated to do when this is needed as proof of

delivery.

Requesting additional information and clarifications by telephone is not allowed.

8.15 ADDITIONAL EXPLANATIONS, CONTROL AND PERMITTED CORRECTIONS

The NBS may, upon bid opening, request from a Bidder additional explanations in writing which

will help in the examination and evaluation of bids, and may also control (inspect) the Bidder and/or its

Subcontractor (Article 93 of the LPP).

The Contracting Authority may, with the Bidder’s consent, correct arithmetic errors detected while

examining the bid, upon conclusion of the bid opening procedure.

In case of a difference between the unit and total cost, the unit cost shall prevail.

If the Bidder disagrees with the correction of arithmetic errors, the Contracting Authority shall reject

such bid as unacceptable.

8.16 CONTRACT ELEMENTS TO BE NEGOTIATED AND THE METHOD OF NEGOTIATION

As this is an open public procurement procedure, there are no elements to be negotiated.

8.17 USE OF PATENTS AND INTELLECTUAL PROPERTY RIGHTS

The patent fee and liability for any breach of protected intellectual property rights of third persons

shall be borne by the Bidder.

8.18 REQUEST FOR THE PROTECTION OF RIGHTS

A request for the protection of rights shall be filed with the Contracting Authority, and a copy shall

be submitted to the Republic Commission.

The request for the protection of rights may also be submitted to the Contracting Authority via email

to: [email protected], every business day (Monday – Friday), from 7.30 a.m. to 4.30 p.m.

The request for the protection of rights may be filed during the entire public procurement procedure

against any action of the Contracting Authority, unless otherwise specified by this Law.

The request for the protection of rights challenging the type of procedure, the content of the public

invitation to bid or Tender Documents shall be considered timely if received by the Contracting Authority

at least seven days before the expiry of the deadline for bid submission, regardless of the manner of

delivery and if the claimant informed the Contracting Authority of potential deficiencies and irregularities

in accordance with Article 63, paragraph 2 of the LPP, which the Contracting Authority failed to remove.

The request for the protection of rights challenging the actions taken by the Contracting Authority

before the expiry of the bid submission deadline, and after the expiry of the deadline referred to in

paragraph 4 hereof, shall be considered timely if it was submitted by the expiry of the bid submission

deadline at the latest.

After making the decision to award the Contract, conclude a framework agreement or suspend the

procedure, the deadline for the submission of the request for the protection of rights is ten days from the

day the decision was published on the Public Procurement Portal and the website of the Contracting

Authority, link – Tenders, while after making the decision to award the Contract based on a framework

agreement, the deadline for the submission of the request for the protection of rights is five days from the

day the decision was published on the Public Procurement Portal and the website of the Contracting

Authority, link – Tenders.

The request for the protection of rights must contain:

1) name and address of the applicant and contact person;

2) name and address of the Contracting Authority;



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3) data on the public procurement which is the subject of the request and/or on the decision of the

Contracting Authority;

4) violations of regulations which govern the public procurement procedure;

5) information and evidence proving the violations;

6) confirmation of payment of the fee referred to in Article 156 of the LPP;

7) signature of the claimant.

Valid evidence of the payment of the fee, in accordance with the Guidelines for payment of the fee for

the request for the protection of rights of the Republic Commission for the Protection of Rights in public

procurement procedures, published on the website of the Republic Commission for the Protection of Rights

in public procurement procedures, within the meaning of Article 151, paragraph 1, item 6 of the LPP, is:

1. Confirmation of the payment of the fee set out in Article 156 of the LPP, which contains the

following elements:

(1) it is issued by a bank and contains its stamp;

(2) it represents proof of the payment of the fee, which means that the confirmation must include the

information that the payment order in respect of the fee and/or transfer order has been executed, and the

date of order execution. * The Republic Commission may inspect the appropriate statement of the

recording account submitted by the Ministry of Finance – Treasury Administration, and in that way

additionally verify whether the transfer order has been executed.

(3) the amount of the fee set out in Article 156 of the LPP in respect to which the payment is

executed – RSD 120,000.00;

(4) account number: 840-30678845-06;

(5) payment code: 153 or 253;

(6) model and reference number: data on the number or designation of the public procurement in

respect to which the request for the protection of rights is submitted;

(7) purpose: RPR (request for the protection of rights); National Bank of Serbia; low-value public

procurement PP 458/2016;

(8) payee: budget of the Republic of Serbia;

(9) name of the payer and/or name of the submitter of the request for the protection of rights in

respect of which the payment of the fee is executed;

(10) signature of the bank’s authorised person, or

2. Payment order, original copy, authenticated by the signature of the authorised person and the stamp

of the bank or post office, that contains all other elements from the confirmation of the payment of the fee

referred to in item 1, or

3. Confirmation issued by the Republic of Serbia, Ministry of Finance, Treasury Administration,

signed and stamped, which contains all elements from the confirmation of the payment of the fee referred

to in item 1, except elements under (1) and (10), for the claimants who filed the request for the protection

of rights which have an open account in the appropriate consolidated treasury account, which is maintained

by the Treasury Administration (budget beneficiaries, beneficiaries of funds of mandatory social insurance

organisations and other public funds beneficiaries), or

4. Confirmation issued by the National Bank of Serbia, which contains all elements from the

confirmation of the payment of the fee referred to in item 1, for applicants who filed the request for the

protection of rights (banks and other entities), which have an account with the National Bank of Serbia in

accordance with law and other regulations.

Fee:


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- RSD 120,000 if the request for the protection of rights is submitted prior to bid opening and if the

estimated value does not exceed RSD 120,000,000;

- RSD 120,000 if the request for the protection of rights is submitted after bid and if the estimated

value does not exceed RSD 120,000,000.

The payment of the fee for the request for the protection of rights from abroad:

The payment of the fee for the request for the protection of rights from abroad may be effected in the

foreign currency account of the Ministry of Finance – Treasury Administration:

NAME AND ADDRESS OF THE BANK:

National Bank of Serbia (NBS)

Nemanjina 17, 11000 Belgrade Serbia

SWIFT CODE: NBSRRSBGXXX

NAME AND ADDRESS OF THE INSTITUTION:

Ministry of Finance

Treasury Administration

Pop Lukina 7-9 11000 Belgrade

IBAN: RS 35908500103019323073

NOTE: When effecting the payment, please specify the following information – “details of payment”

(FIELD 70: DETAILS OF PAYMENT):

– the number of the public procurement procedure to which the request for the protection of rights pertains

and the name of Contracting Authority in the public procurement procedure.

Please find below the instructions for payment in EUR and USD.

SWIFT MESSAGE MT103 – EUR

FIELD 32A: VALUE DATE – EUR - AMOUNT

FIELD 50K: ORDERING CUSTOMER

FIELD 56A: (INTERMEDIARY)

DEUTDEFFXXX DEUTSCHE BANK AG, F/M TAUNUSANLAGE 12 GERMANY

FIELD 57A: (ACC. WITH BANK)

/DE20500700100935930800 NBSRRSBGXXX NARODNA BANKA SRBIJE (NATIONAL BANK OF SERBIA – NBS BEOGRAD, NEMANJINA 17 SERBIA

FIELD 59: (BENEFICIARY)

/RS35908500103019323073 MINISTARSTVO FINANSIJA UPRAVA ZA TREZOR POP LUKINA7-9 BEOGRAD

FIELD 70: DETAILS OF PAYMENT

SWIFT MESSAGE MT103 – USD

FIELD 32A: VALUE DATE – USD- AMOUNT

FIELD 50K: ORDERING CUSTOMER

FIELD 56A: (INTERMEDIARY)

BKTRUS33XXX DEUTSCHE BANK TRUST COMPANIY AMERICAS, NEW YORK 60 WALL STREET UNITED STATES

FIELD 57A: (ACC. WITH BANK)

NBSRRSBGXXX NARODNA BANKA SRBIJE (NATIONAL BANK OF SERBIA – NB BEOGRAD,


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NEMANJINA 17 SERBIA

FIELD 59: (BENEFICIARY)

/RS35908500103019323073 MINISTARSTVO FINANSIJA UPRAVA ZA TREZOR POP LUKINA7-9 BEOGRAD

FIELD 70: DETAILS OF PAYMENT

8.19 CONTRACT CONCLUSION

The Contract on the public procurement is concluded with the bidder that was awarded the contract

within 8 days of the expiry of the deadline for the submission of the request for the protection of rights

referred to in Article 149 of the LPP.

If only one bid was submitted, the Contracting Authority may conclude the Contract prior to the

expiry of the deadline for the submission of the request for the protection of rights, in accordance with

Article 112, paragraph 2, item 5) of the LPP.


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9 AGREEMENT BY WHICH BIDDERS IN A GROUP OF BIDDERS COMMIT TO EACH

OTHER AND TO THE CONTRACTING AUTHORITY TO EXECUTE PUBLIC

PROCUREMENT

Public procurement No: 458/2016

Bidders: 1.______________________________________________________

2.______________________________________________________

3.______________________________________________________

4.______________________________________________________

(hereinafter: Group of Bidders), which submitted the joint bid No______ of ____________ for public

procurement of the goods – system for electronic tracking of the validity of numbering, for the purpose of

executing the public procurement, commit to each other and to the National Bank of Serbia, Kralja Petra

12, Belgrade (hereinafter: Contracting Authority), as follows:

Article 1

Bidder from the Group of Bidders:

_______________________________________________________________,

shall be the leading member of the group in the public procurement, that will submit the bid, sign the forms

from the Tender Documents on behalf of the Group, and represent the Group of Bidders before the

Contracting Authority.

Article 2


_______________________________________________________________,

shall sign the public procurement contract with the Contracting Authority on behalf of the Group of

Bidders.

Article 3


________________________________________________________________,

shall, in order to fulfil its obligations in the public procurement procedure, provide collateral stipulated by

the Tender Documents on behalf of the Group of Bidders.

Article 4 Bidder from the Group of Bidders:

________________________________________________________________,

shall issue the invoice to the Contracting Authority on behalf of the Group of Bidders in the manner

prescribed by the Contract.

Article 5


________________________________________________________________,

shall provide, on behalf of the Group of Bidders, the Contracting Authority with the account to which the

Contracting Authority will make the payment.


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Article 6

Bidders from the Group of Bidders shall, with the aim of executing the contract, perform other contractual

obligations as follows:

______________________________________________________________________________________

_________________________________________________________________________________

______________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

(state obligations of each member of the Group of Bidders separately)

date: ______________

place: _______________

Stamp Authorised person signature

___________________


___________________


___________________


___________________

NOTES:

If the Bidder participates independently or with a Subcontractor, the Agreement is not submitted.