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The English version of the Terms of Reference is for information purpose only.If disputes occur, the Latvian version of the Terms of Reference is taken as a basis.

APPROVED

State Regional Development Agency

at the Procurement Commission's

meeting on the 18 of December, 2009

protocol No.4

_____________________________

/S. Cakule/

TERMS OF REFERNCEOF

THE OPEN COMPETITION

Supply of School Buses to Municipalities

Open competition identificationsNo. VRAA/2009/34/AK

Riga, 2009

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DEFINITIONS

Customer – the State Regional Development Agency, that represents interests of 59 (fifty-nine) municipalities of the Republic of Latvia within the framework of the individual project "Implementation of municipalities’ activities by ensuring the transportation of school children and related supporting events" by organizing an open competition “Supply of School Buses to Municipalities” and providing settlement of payments with the supplier.

Municipalities – municipalities of the Republic of Latvia, that are supplied with buses designed for school children transportation within the framework of the individual project "Implementation of municipalities’ activities by ensuring the transportation of schoolchildren and related supporting events" and that provide funding for the costs connected to bus maintenance during the warranty period and to delivery of optional equipment.

Tenderer – a natural or a legal person or any association of such persons, that submitted the tender at the open competition "Supply of School Buses to Municipalities".

Subcontractor – a subcontractor attracted by the Tenderer within the purchase agreement. In the case a Subcontractor is attracted, the Tenderer should specify all the anticipated subcontractors and show the executable parts of the subcontractors within the purchase agreement and their work volume by percentage.

The winner of the competition – a Tenderer, who is given the right to conclude an agreement.

ABBREVIATIONS

RTSD – State Joint Stock Company Road Traffic Safety Department

LR - The Republic of Latvia

VAT – Value Added Tax

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1. The aim of the open competition

The aim of the open competition (further referred to as the Competition) is to define the most financially advantageous tender for supply of school buses, provision of bus maintenance during the warranty period and supply of optional equipment to school busses for LR municipalities (further referred to as Municipality).

2. The subject of the open competition

2.1. The subject of the Competition is the supply of at least 110 (one hundred and ten) new busses designed for transportation of school children, the provision of bus maintenance during the warranty period and the supply of school bus optional equipment to Municipalities according to the Technical specification (Annex 2).

2.2. The subject of the Competition (further referred to as the Procurement) is divided into three parts (further referred to as procurement part):

2.2.1. The 1st procurement part – supply of 27 (twenty-seven) school busses designed for transportation of school children, each bus has at least 19 seating places apart from the driver’s seat, provision of bus maintenance during the warranty period and supply of optional equipment according to the Technical specification;

2.2.2. The 2nd procurement part – supply of 36 (thirty-six) school busses designed for transportation of school children, each bus has at least 30 seating places apart from the driver’s seat, provision of bus maintenance during the warranty period and supply of optional equipment according to the Technical specification;

2.2.3. The 3rd procurement part – supply of 47 (forty-seven) school busses designed for transportation of school children, each bus has at least 40 seating places apart from the driver’s seat, provision of bus maintenance during the warranty period and supply of optional equipment according to the Technical specification.

2.3. In order to fit in the fixed number of school busses (mentioned in the sub clause 2.1.) due to the available limited funding, the Customer can increase or decrease the volume of supply in any procurement part within the available funding, but not more than by 40% of the number of busses given in the Terms of References of the Competition (further referred to as the Terms of References) sub clause 2.2. The demution or increase of number of school busses will be calculated after the evaluation of received tenders. The Tenderer has to guarantee the supply of busses to the Customer in the scope and for the price given in the tender.

2.4. The Tenderer can submit a tender for the whole scope of procurement subject or for a part of it. The Tenderer is not allowed to submit several tenders.

2.5. The term of the purchaise agreement for supply of school busses to municipalities (Annex 10) (further referred to as the Agreement) is not more than 180 (one hundred and eighty) calendar days from the day of conclusion.

2.6. The procedure of procurement financing:

2.6.1. supply of school busses is financed by the Customer from the financial resources of the individual project "Implementation of municipalities’ activities by ensuring the transportation of school children and related supporting events" within Latvia and Switzerland’s collaboration program;

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2.6.2. provision of bus maintenance during the warranty period is financed from Municipalities’ financial resources, each Municipality concludes a separate agreement with the Winner of the Competition;

2.6.3. in the case a Municipality chooses to obtain optional equipment according to the Technical specification, the Municipality finances the supply of optional equipment from the Municipality's financial resources in the chosen scope and for the price given in the tender, by concluding a sepaate agreement with the Winner of the Competition.

3. The Customer and open competition organizer

3.1. The Customer – State Regional Development Agency (further referred to as the Agency):

3.1.1. registration No 90001733697

3.1.2. address: 19 Elizabetes St., Riga, LV-1010

3.1.3. phone 67079000; fax 67079001

3.2. Procurement identification No VRAA/2009/34/AK.

3.3. The Competition is organised by the Procurement Commission (further referred to as the Commission) approved by Agency director’s order No 7.1.-2/72 of the 6 of November, 2009.

3.4. Contact person: Dace Muceniece (phone: 67079045; e-mail – [email protected]).

4. Terms of open competition

4.1. The Tenderer submits tender documents for the Competition in a closed and sealed packing to the Agency, 19 Elizabetes St, Riga, 1st floor, Documentation Division until February 1, 2010, time 12:00. The Tenderer’s tender will not be accepted after this deadline. A tender could be sent in a registered letter by post, delivered with a courier or submitted personally. The tender received after the abovementioned deadline will be rejected and sent back unopened to the Tenderer.

4.2. Competition tenders opening session will take place at the Agency, 19 Elizabetes St. Riga, on February 1, 2010, at 12:00.

4.3. Information exchange between the Customer and the Tenderer is done by post, fax or electronically. All current information on the Competition, including Terms of reference, is available at Customer's website www.vraa.gov.lv.

4.4. Meeting with concerned suppliers will take place on January 8 2010 at 11:00 at the Agency, 19 Eliabetes St., Riga, in the hall on the 2nd floor.

5. The tender funding security

5.1. When submitting a tender, the Tenderer submits the original of tender funding security:

5.1.1. For the 1st procurement part: 2% from the tender price LVL (without VAT) according to the number of busses given in the Terms of Reference sub clause 2.2.1.

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http://www.vraa.gov.lv/

mailto:[email protected]

5.1.2. For the 2nd procurement part: 2% from the tender price LVL (without VAT) according to the number of busses given in the Terms of Reference sub clause 2.2.2.

5.1.3. For the 3rd procurement part: 2% from the tender price LVL (without VAT) according to the number of busses given in the Terms of Reference sub clause 2.2.3.

5.2. The tender funding security is dispensed by a bank registered in LR or other member state of the European Union or the World Trade Organisation according to a Tender funding security form (Annex 3).

5.3. The tender funding security is valid until the shortest term of:

5.3.1. 120 (one hundred and twenty) calendar days from the tender opening day or any tender deadline prolongation, which the Tenderer and its warrantor have declared to the Customer in written form;

5.3.2. if the Customer confirms one of the Tenderer as the Winner of the Competition, - until the day the confirmed Tenderer submits the Agreement funding security;

5.3.3. until the conclusion of the Agreement.

5.4. The Customer returns the Tender funding security to the Tenderers in such order:

5.4.1. to the Tenderer, with whom the Customer concluded an Agreement, - after submission of Agreement funding security;

5.4.2. to other Tenderers – after conclusion of an Agreement;

5.4.3. to the Tenderer, who does not accept prolongation of its tender deadline, after expiration of the tender deadline;

5.4.4. after making the decision about suspension or termination of the Competition not choosing any of the tenders.

5.5. The issuer of the security funding pays the Customer the sum of the tender funding security if:

5.5.1. the Tenderer withdraws its tender while the tender funding security is valid;

5.5.2. the Tenderer, which is given the right to conclude an Agreement, does not conclude an Agreement within the Customer defined term.

6. Application for participation in the open competition and drawing up of documents

6.1. The Tenderer announces its participation in the Competition by submitting tender documents to the Agency's Documentation Division, 19 Elizabetes St., Riga until the term defined in the Terms of Reference sub clause 4.1.

6.2. Drawing up of tenders:

6.2.1. tenders are to be submitted in a closed and sealed packing, on which is specified:

6.2.1.1. Customer’s title and legal address;

6.2.1.2. Tenderer's title and legal address;

6.2.1.3. a note "A tender for the open competition "Supply of School Busses to municipalities", open competition identification number VRAA/2009/34/AK. Not to be opened until February 1, 2010, time 12:00”;

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6.2.2. all the documents have to be in Latvian or, if the original of document is in a foreign language, a translation into Latvian certified according to the order defined in the normative acts should be attached to the corresponding document. If documents copies are attached to the tender, they are to be certified according to the order defined in the normative acts;

6.2.3. a tender should be clearly legible, without corrections and strikethroughs;

6.2.4. all the tender documents should be bound together with a durable thread or lace (excl. the tender funding security mentioned in the Terms of Reference sub clause 5.1). Threads should be tightly fixed by pasting a white sheet of paper. Stitching place should be certified by the Tenderer’s seal and signature, decoded number of pages should be indicated. A tender should be drawn up so that it would avoid a possibility to change pages without damaging the fastening. Information material (brochures, images etc.) attached to the tender does not have to be stringed through;

6.2.5. pages of the tender documents have to be numbered;

6.2.6. a table of contents should be placed at the beginning of the tender after the front page. If a tender is submitted in several bindings, a table of contents should be made for each binding separately; a table of contents of the first binding should contain the number of bindings and the number of pages in each binding;

6.2.7. a tender and tender funding security have to be placed into one envelope. The envelope has to be sealed up and placed together with information materials into a packing mentioned in the Terms of Reference sub clause 6.2.1.

6.2.8. as well, a technical proposal and a financial proposal is to be submitted by the Tenderer in MS Word or MS Excel format on CD in one copy. In the case of contradictions as a basis is taken the written information, which is included in the original of the tender.

6.3. Tender documents have to be arranged in such sequence:

6.3.1. an application for the open competition (Annex 1);

6.3.2. selection documents;

6.3.3. a technical proposal (Annex 8);

6.3.4. a financial proposal (Annex 9);

6.4. An Application for the Competition has to be signed by the Tenderer’s representative with the right of representation or by an Tenderer’s authorized person. If the Tenderer is an association of persons in any combination, the application has to be signed by each person representative with the right of representation, who is included into the association or by the authorized person.

6.5. The term of the tender is 120 (one hundred and twenty) calendar days from the tender opening day or until the conclusion of the Agreement, or any tender deadline prolongation, which the Tenderer declared to the Customer.

6.6. After expiration of the tender submission deadline the Tenderer is not able to modify its tender.

7. Tenderers' requirements:

7.1. Conditions for Tenderer's participation in the procurement:

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7.1.1. The Tenderer or persons having representation rights and persons having decision-making and supervision rights in relation to the Tenderer are not by the court decision found guilty of participation in an organized crime, corruption, fraudulent operations in financial sphere or legalisation of proceeds from crime (the mentioned excluding conditions do not apply if three years have passed from the implementation day of the court decision on the criminal case until the day of tender submission).

7.1.2. The Tenderer is not declared insolvent, its commercial activity is not suspended or terminated.

7.1.3. The Tenderer does not have tax or state social insurance mandatory payment liabilities in LR or other state, where it is registered.

7.1.4. The Tenderer is not by the valid court decision or by other competent institution’s decision found guilty of essential violation of the normative acts, including essential environment protection, competition and employment right violation, which is connected to person employment without conclusion of a written agreement (the mentioned excluding conditions do not apply if three years have passed from the implementation day of the court decision on the criminal case until the day of tender submission, and if 12 (twelve) months have passed from the implementation day of the court or competent institution’s decision on the administrative case until the day of tender submission, but 18 (eighteen) months in the case person employment without conclusion of a written agreement is found).

7.1.5. The conditions mentioned in the Terms of Reference sub clauses 7.1.1 to 7.1.4 for the Tenderer’s participation in the procurement procedure relate to the Tenderer and also to a person (incl. subcontractor), on whose competence the Tenderer grounds to confirm that its qualification corresponds to the requirements defined in the Terms of Reference.

7.1.6. The Tenderer is registered in the commercial register or in an equivalent register abroad (if referable).

7.1.7. The Tenderer has a marketplace certificate, if such certificate is necessary according to the Tenderer’s registration state normative act requirements.

7.1.8. The Tenderer is a manufacturer or it has the necessary rights for fulfilment of the Agreement conditions to sell manufacturer’s products and assume warranty liabilities.

7.1.9. Over the last three years the Tenderer has supplied at least five vehicles for passenger transportation with the number of seating places apart from the driver’s seat not less than the planned number of seating places in the corresponding procurement part, and also the Tenderer has provided technical services (maintenance) to vehicle designed for passenger transportation.

7.1.10. The Tenderer owns at least two places for providing technical services (maintenance) certified by the manufacturer, where it is possible to provide technical services and warranty repair works for vehicles designed for passenger transportation, and which is located in LR.

7.1.11. The average the Tenderer’s financial turnover over the last three closed fiscal years (a closed financial year is regarded to a year about which an annual financial report is drawn up and approved according to laws and regulations) is at least three times larger than the total price of all procurement parts offered by the

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Tenderer, excl. VAT. If the Tenderer has operated for less than three years, the avarege financial turnover is calculated of the total period of existance.

7.2. The Tenderer has to submit such selection documents:

7.2.1. The Tenderer, who would be granted the right to conclude the Agreement according to other requirements defined in procurement procedure documents and to the tender selection criteria, has to submit such documents on the Customer’s demand within five working days:

7.2.1.1. A notice issued by the commercial register or an equivalent commercial activity registering institution not earlier than three months before the day of the tender submission, saying that the Tenderer is not declared insolvent, is not at the stage of liquidation or its commercial activity is not suspended or terminated. That notice should be sumbitted only in that case, if the Customer can’t receive respective information in the public data bases.

7.2.1.2. A notice issued by the State Revenue Service or an equivalent tax administration institution in the state, where the Tenderer is registered, not earlier than three months before the day of tender submission, saying that the Tenderer does not have tax or state social insurance mandatory payment liabilities.

7.2.1.3. If such notices are not issued in foreign countries, they are substituted with an oath, if oath giving is not foreseen by the normative acts of the corresponding state, - with Tenderer’s testimony to a competent executive or judiciary institution, a sworn notary or a competent organisation of the corresponding field in the Tenderer’s state.

7.2.2. Registration certificate of the enterprise (copy) or the notice issued by a competent institution about the Tenderer’s registration in the commercial register or in an equivalent commercial activity registering institution abroad (if referable) and about the Tenderer’s representation rights.

7.2.3. A copy of the Tenderer’s marketplace certificate, if such certificate is necessary according to the Tenderer’s registration state normative act requirements. Foreign Tenderer has to submit a copy of a registration certificate issued by the corresponding professional register or a copy of a license, certificate or equivalent document issued by a competent institution, if the corresponding state normative acts anticipate professional registration, submission of a license, certificate or other equivalent document.

7.2.4. The Tenderer’s notice about the Tenderer’s financial turnover over the last three closed fiscal years or, if the Tenderer has operated less than three years, a notice of its existance for the total existance period and avarege financial turnover..

7.2.5. The original or a copy of the document, signed by a manufacturer or a dealer of the corresponding vehicle (a notice, testimony, letter or another equivalent document), which certifies that the Tenderer has the right to sell manufacturer's products and assume warranty liabilities.

7.2.6. A list of technical services (maintenance) places within LR (Annex 7) certified by the corresponding vehicle manufacturer and a copy of each place certificate, testimony or an equivalent document issued by the manufacturer.

7.2.7. List of Tenderer’s supplies and maintenance services provided over the last three years in relation to vehicles designed for passenger transportation with the number of seating places apart from the driver’s seat not less than the planned number of

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seating places in the corresponding procurement part (according to Annex 4 of the Terms of Reference) and one customer’s reference saying when and what kind of equivalent vehicles have been supplied and what technical services (maintenance) have been provided properly and in compliance with the normative act requirements.

7.2.8. A power of attorney issued by a person with the representation right to another person giving it the right to sign a tender and/or the Agreement, if it is not among the persons indicated in the notice mentioned in the sub clause 7.2.2.

7.2.9. If the Tenderer plans to attract subcontractors, the Tenderer has to submit:

7.2.9.1. a description of subcontractor’s supply part according to a list of the execution of the subcontractor’s procurement part (Annex 5),

7.2.9.2. a written subcontractor’s testimony according to Subcontractor’s testimony template (Annex 6),

7.2.9.3. documents, which confirm subcontractor’s compliance with conditions for the Tenderer’s participation in the procurement procedure (if the Tenderer plans to ground on subcontractor’s technical and professional skills).

7.2.10. If the Tenderer is an association of persons, the Tenderer submits documents defined in sub clauses 7.2.1 and 7.2.2 for each person included into the associasion.

8. Technical proposal

8.1. Technical proposal is prepared by the Tenderer according to the Technical specification. Technical proposal is submitted according to the technical proposal submission form (Annex 8) attached to the Terms of Reference.

8.2. Contents of the technical proposal:

8.2.1. technical specification of a proposed bus according to the form I and II of Annex 8 to the Terms of Reference;

8.2.2. turning radius diagram according to form III of Annex 8 to the Terms of Reference;

8.2.3. technical drawing of a school bus according to the requirements of section IV of Annex 8 to the Terms of Reference;

8.2.4. proposed costs for bus technical maintenance according to the form V of Annex 8 to the Terms of Reference;

8.2.5. proposed intervals of technical maintenance according to the form VI of Annex 8 to the Terms of Reference;

8.2.6. proposed warranty periods according to the form VII of Annex 8 to the Terms of Reference;

8.2.7. technical maintenance diagram according to the form VIII of Annex 8 to the Terms of Reference;

8.2.8. A copy of vehicle type certificate of conformity to RTSD M2 or M3 category issued to the Tenderer (subcontractor, if it is involved into school bus supply) or a collective copy of vehicle type confirming certificate according to requirements of European Union Directive 2007/46/EC or a copy of a vehicle individual

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confirmation certificate for a vehicle, which complies with the Technical specification requirements and which is issued by RTSD.

9. Financial proposal

9.1. Financial proposal is prepared according to Financial proposal form (Annex 9).

9.2. Prices in the Financial proposal have to be given in lats (LVL) excl. VAT, VAT and the price incl. VAT.

9.3. All the expenses relevant to execution of the Agreement have to be included into the price.

10. Selection of Tenderers and qualification check

10.1. The Tenderer's tender is not exemined if:

10.1.1. the Tenderer has not submitted a tender funding security or the submitted tender funding security is not completed according to the requirements of this Terms of Reference (Annex 3);

10.1.2. tender documents are not signed;

10.1.3. tender deadline does not conform to the requirements defined in sub clause 6.5 of the Terms of Reference.

10.2. The Tenderer is eliminated from the Competition and the tender is not further examined if the Commission finds that:

10.2.1. The Tenderer has not submitted documents indicated in the Terns of Reference sub clause 7.2 according to the Terns of Reference requirements or the contents thereof does not conform to the requirements of the Terns of Reference sub clause 7.1 and/or the Tenderer has submitted wrong information for evaluation of its qualification or has not submitted the required information at all, inter alia, has not given the specific information demanded by the Commission within the terms defined by the Commission;

10.2.2. If the Tenderer is a association of persons, the Tenderer is eliminated from the further participation in the Competition if the Commission finds that a person included in the association corresponds to any of the elimination conditions mentioned in the Regulation sub clause 10.2.1.

11. Technical proposal correspondence check

11.1. After elimination of Tenderers and the qualification check the Commission performs a remaining Tenderers’s tender correspondence check.

11.2. The Tenderer is eliminated from the further participation in the procurement if the Commission finds that the Tenderer has submitted a technical proposal, which does not correspond to Terns of Reference requirements and to the Technical specification.

12. Financial proposal check

12.1. The Commission performs a check for errors in the Tenderer’s tender. When examining a financial proposal, the Commission acts according to the third part of the clause 56 of the Public Procurement Law.

12.2. The Commission checks whether a tender of abnormally low cost is submitted and acts

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according to the regulations of the clause 48 of the Public Procurement Law. In the case it is necessary to clarify whether a tender of abnormally low cost is received, the Customer can claim for the description of technology necessary for procurement performance and for the description of special market conditions available only to this Tenderer, that justify price reduction.

12.3. If the Commission finds that a tender of abnormally low cost is submitted, it is rejected.

13. Tender evaluation criteria and determination of the most financially advantageous tender

13.1. After elimination of Tenderers and the tender correspondence test the Commission examines the suitable tenders by criteria determining the most financially advantageous tender.

13.2. Tender selection criteria is the most financially advantageous tender with the largest number of points in each separate procurement part.

13.3. The most financially advantageous tender selection criteria and numerical values thereof:

Criteria: Maximum value1. Offered one bus price LVL, excl. VAT 602. Technical maintenance costs LVL, excl. VAT, for one km (calculating for 300 000 km according to the attached list (part V of Annex 8))

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3. Technical maintenance interval 154. Warranty terms and limitations 10Total: 100

13.4. The numerical value of the Tenderer’s tender is calculated by formula:

P = C + TA+ TI+ GN, where

P – the numerical value of the Tenderer’s tender;

C – numerical evaluation of price criteria, which is calculated by formula:

C = , where

Czc – the lowest offered price,Cpc – an offered price being evaluated,Nc – the maximum price criteria numerical value.

TA – numerical evaluation of the criteria for technical maintenance costs, which is calculated by formula:

, where

Tzc – the lowest offered costs for technical maintenance,Tzc – offered costs for technical maintenance being evaluated,Nta – the maximum numerical value of technical maintenance cost criteria.

TI – numerical evaluation of the criteria for technical maintenance interval, which is determined by the corresponding procurement part table:

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Evaluation criteria of technical maintenance interval for the 1st procurement part: The maximum number of points is 15 according to the Technical maintenance interval offered by the Tenderer (Technical proposal submission template (Annex 8) form VI: Proposed technical maintenance interval) the points assigned to the Tenderer:

Proposed average technical maintenance interval

Points obtained

0-10 000 km 010 001 -20 000 km 520 001 -30 000 km 10≥ 30 001 km 15

Evaluation criteria of technical maintenance interval for the 2nd and the 3rd procurement parts:The maximum number of points is 15 according to the Technical maintenance interval offered by the Tenderer (Technical proposal submission template (Annex 8) form VI: Proposed technical maintenance interval) the points assigned to the Tenderer:

Proposed average technical maintenance interval

Points obtained

0-20 000 km 020 001 -40 000 km 240 001 -60 000 km 560 001 -80 000 km 10≥ 80 001 km 15

GN – numerical evaluation of warranty period criteria, which is determined by table:

The maximum number of points is 10, which is divided into such parameters:

Warranty object

Points assigned for proposed warranty periods

Proposed warranty period

Up to 2 years

Up to 3 years

Up to 4 years

Up to 6 years

Up to 8 years

Up to 10 years (incl.)

More than 10 years

Body (against rusting)

0 0 0 0 1 2 3

Engine 0 1 1 2 2 3 3Transmission 0 1 1 1 1 1 1Driving axle 0 1 1 1 1 1 1

Points for the limit of kilometres travelled during the warranty period are assigned according to the table:

The offered limit of kilometres travelled during the warranty period

Points assigned for the offered limit of kilometres travelled during the

warranty periodUp to 200 000 km 0

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Up to 400 000 km (incl.) 1More than 400 000 km 2

14. Announcement of open competition results

14.1. The Tenderer are informed in written form about the results of the Competition within 3 (three) working days after making the final decision.

14.2. The Winner of the Competition, within 10 (ten) working days starting from the day of sending of the Customer's invitation to sign the Agreement, has to submit the Agreement funding security (Annex 11), a time schedule of supply of school buses (Annex 12) and to sign the Agreement. If the Winner of the Competition does not sign the Agreement it is considered as refusal to conclude the Agreement, and consequinces defined in the Terms of Reference sub clause 5.5.2 become valid.

14.3. Within 30 (thirty) calendar days after conclusion of the Agreement the Customer informs the Winner of the Competition about supply of the chosen optional equipment by Municipalities.

15. Open competition commission

15.1. The Commission has the right to make decisions, if at least 2/3 (two thirds) of the Commission members take part at the Commission meeting.

15.2. Commission’s rights:

15.2.1. to claim for more accurate submitted information from the Tenderers, who take part in the Competition;

15.2.2. to check the genuineness of information submitted by all Tenderers;

15.2.3. to involve specialists into Commission’s work or invite experts with consultative rights;

15.2.4. to ask Tenderers in written form to prolong the tender deadline and the tender funding security deadline;

15.2.5. to do other activities according to the Public Procurement Law, this Terms of Reference and other normative acts.

15.3. Commission’s responsibilities:

15.3.1. to consider tenders submitted by Tenderers, which were submitted within the defined tender submission period;

15.3.2. to make a decision;

15.3.3. to do other activities according to the Public Procurement Law, this Terms of Reference and other normative acts.

16. Tenderer’ rights and responsibilities

16.1. Tenderer’s rights:

16.1.1. to claim a tender submission testimony when submitting a tener;

16.1.2. to do other activities according to the Public Procurement Law, other normative acts and this Terms of Reference.

16.2. Tenderer’s responsibilities:

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16.2.1. if the tender is sent in the parcel by post, the Tenderer is responsible for tender timely dispatch in order to guarantee delivery of the tender to the Agency until the deadline defined in the Terms of Reference;

16.2.2. to give answers and explanations to Commission’s questions in relation to the tender in written form within the time-limit defined by the Commission;

16.2.3. to observe all the conditions mentioned in the Terms of Reference of Competition when submitting a tender.

17. Other conditions

17.1. All expenses, which are connected to preparation and submission of the procurement tender, have to be covered by the Tenderers.

17.2. The Terms of Reference of the Competition is drafted and approved in Latvian and consists of 74 (seventy-four) pages. The Terms of Reference consists of the Terms of Reference text consisting of 14 (fourteen) pages and 12 (twelve) annexes consisting of 60 (sixty) pages that are integral parts of this Terms of Reference:

1. Annex 1 – Application for the open competition, 3 (three) pages;

2. Annex 2 – Technical specification, 13 (thirteen) pages;

3. Annex 3 – Tender funding security form, 1 (one) page;

4. Annex 4 – List of provided supplies and maintenance services, 1 (one) page;

5. Annex 5 – List of subcontractor’s procurement part, 1 (one) page;

6. Annex 6 – Subcontractor’s testimony template, 1 (one) page;

7. Annex 7 – A list of technical service (maintenance) places in Latvia, 1 (one) page;

8. Annex 8 – Technical proposal, 8 (eight) pages;

9. Annex 9 – Financial proposal, 2 (two) pages;

10. Annex 10 – Project of the purchase agreement for supply of school buses to municipalities, 27 (twenty-seven) pages;

11. Annex 11 – Agreement funding security, 1 (one) page;

12. Annex 12 – Time schedule of product delivery, 1 (one) page.

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Annex 1 to the Terms of ReferenceID No VRAA/2009/34/AK

Applicat ion for the open competi t ion 1

Open competition: Supply of School Busses to Municipalities(ID No VRAA/2009/34/AK)

Dear Commission,

According to the open competition Terms of Reference I hereby certify that the information submitted in the tender is true, I agree to the requirements defined in the open competition Terms of Reference and offer to supply school buses to municipalities according to the conditions defined in the Terms of Reference and annexes thereof.

I offer to supply school buses designed for school children transportation <title of the procurement part> with the number of seating places <the number of seating places> according to our technical proposal and financial proposal, the price of one bus <price written by numbers and by words, LVL, excl. VAT>

1. I hereby confirm that the offered price for one bus will not change if the Customer decides to decrease or increase the total number of supplied buses, but not more than by 40% of <the total number of buses planned in the corresponding part>.

2. I hereby confirm that the proposed bus supply period is <the number of days from conclusion of the Agreement for the supply of school buses to municipalities>, and it will not change if the Customer decides to decrease or increase the total number of supplied buses, but not more than by 40% of <the total number of buses planned in the corresponding part>.

3. I hereby confirm that the offerered bus technical maintenance costs per 1 km (according to the attached list of work) is <the sum written by numbers and by words, LVL, excl. VAT>.

4. I hereby confirm that the proposed average bus technical maintenance interval is <by numbers and by words, km>.

5. I hereby confirm that the warranty period of the proposed bus is <by numbers and by words> years or <by numbers and by words> km and the warranty period for certain parts is:

Warranty object Warranty period (years) Body (against rusting)EngineTransmissionDriving axleLimit of kilometres travelled during the warranty period

6. I hereby confirm that the attached documents make this tender.

1 Note: The Tenderer for the open competition should fill blank spaces in this form.

16

7. I hereby confirm that our tender is valid until..........................................................................

8. I hereby confirm that during the whole procurement period we will guarantee validity of documents mentioned in the open competition the Terms of Reference sub clause 6.5.

9. I hereby confirm that the Tenderer or persons having representation rights and persons having decision-making and supervision rights in relation to the Tenderer are not by the court decision found guilty of participation in an organized crime, corruption, fraudulent operations in financial sphere or legalisation of proceeds from crime or that three years have passed from the implementation day of the court decision on the criminal case until the day of tender submission.

10. I hereby confirm that the Tenderer is not by the valid court decision or by other competent institution’s decision found guilty of essential violation of the normative acts, including essential environment protation, competition and employment right violation, which is connected to person employment without conclusion of a written agreement (the mentioned excluding conditions do not apply if three years have passed from the implementation day of the court decision on the criminal case until the day of tender submission, and if 12 (twelve) months have passed from the implementation day of the court or competent institution’s decision on the administrative case until the day of tender submission, but 18 (eighteen) months in case person employment without conclusion of a written agreement is found).

11. I hereby confirm that I am not declared insolvent, I am not at the stage of liquidation, my commercial activity is not suspended or terminated.

12. I hereby confirm that I do not have tax or state social insurance mandatory payment liabilities.

13. I hereby confirm that I have not submitted wrong information for evaluation of my qualification.

Tenderer's title: ......................................................................................................................

Registered:..................................................................................................................................

with No ......................................................................................................................................

Legal address:............................................................................................................................

Office address: ..........................................................................................................................

Contact person: .........................................................................................................................(Name, Surname, position)

Phone:.........................................................................................................................................

Fax:.............................................................................................................................................

Taxpayer's registration No: ........................................................................................................

Bank:...........................................................................................................................................

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Code: ..........................................................................................................................................

Account:......................................................................................................................................

Phone:.........................................................................................................................................

All submitted document copies correspond to the original, the submitted information and data are true.

Tender document package consists of ……………… pages bound together.

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

Name, Surname:.........................................................................................................................

Position: .....................................................................................................................................

The tender composed and signed on the …………………………………………., 2010.

Place for a stamp

18


The open competition "Supply of School Buses to Municipalities"(ID No VRAA/2009/34/AK)

Technical specification

1. Description of the situation

1.1. Procurement of buses is done within the framework of Latvia and Switzerland’s collaboration program’s co-financing individual project "Implementation of municipalitys’ activities by ensuring the transportation of school children and related supporting events". The project is directed to improve school children transportation system in the distant and less developed Latvia’s regions. Buses supplied within the framework of the project will be used for school children transprotation on the routes, where public transport communication is not organised – mainly on the 2nd and 3rd

category roads. School buses have to be suitable for roads with gravel, sand or rocky surfacing.

2. General description of the procurement subject

2.1. The subject of the competition is the supply of at least 110 (one hundred and ten) new buses designed for transportationof school children, provision of bus maintenance during the warranty period and the supply of school bus optional equipment to municipalities. The subject of the Competition (further referred to as the Procurement) is divided into three parts (further referred to as procurement part):

2.1.1. The 1st procurement part – supply of 27 (twenty-seven) school buses designed for transporation of school children, each bus has at least 19 seating places apart from the driver’s seat, provision of bus maintenance during the warranty period and supply of optional equipment according to the Technical specification;

2.1.2. The 2nd procurement part – supply of 36 (thirty-six) school buses designed for transporation of school children, each bus has at least 30 seating places apart from the driver’s seat, provision of bus maintenance during the warranty period and supply of optional equipment according to the Technical specification;

2.1.3. The 3rd procurement part – supply of 47 (forty-seven) school buses designed for transporation of school children, each bus has at least 40 seating places apart from the driver’s seat, provision of bus maintenance during the warranty period and supply of optional equipment according to the Technical specification.

2.2. In order to fit in the fixed number of school busses (mentioned in the sub clause 2.1.) due to the available limited funding, the Customer can increase or decrease the volume of supply in each procurement part, but not more than by 40% of the number of buses indicated in sub clauses 2.1.1 - 2.1.3. The demution or increase of number of school busses will be calculated after the evaluation of received tenders. The Tenderer has to guarantee the supply of buses to the Customer in the scope and for the price given in the tender.

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3. Common requirements

3.1. All seats in the bus must be equipped with safety belts.

3.2. All the seats in the bus have to be faced forward.

3.3. The Supplier provides certification of the buses in the RTSD.

3.4. The Supplier registers buses in the RTSD to the name of the corresponding Municipality.

3.5. The Supplier provides bus colouring: paint RAL 2008.

3.6. The Supplier has to conclude land vehicle owner compulsory civil liability insurance agreement (policy) for 1 year to the name of the corresponding Municipality.

3.7. The Supplier provides bus warranty service according to Vehicle warranty conditions, which are attached to the Technical specification in the Annex 2.1.

3.8. The Supplier provides bus technical maintenance not later than within 8 hours upon reception of the notification.

3.9. At the moment of supply in each bus tank has to be enough fuel to cover the distance of at least 300 km, as well as a bus has to be fully equipped in order to provide school bus participation in the traffic according to the normative acts.

3.10.The Supplier has to provide school bus stencilling according to the Customer-submitted design technical specification, taking into account such base requirements:

3.10.1. School bus labeling:

3.10.1.1.Design of school bus forepart body:

3.10.1.1.1. Text "SKOLĒNI" (“CHILDREN”) on the bus body forepart. Text is placed on light-reflecting yellow tape, text letter height is 15 cm and text letters are made of dark blue or black light-reflecting tape. The text is placed so that it does not limit road visibility.

3.10.1.1.2. A light-reflecting road sign “BĒRNU GRUPA” (“GROUP OF CHILDREN”) on the bus body forepart, which complies with the requirements of the Road traffic regulations of the Republic of Latvia.

3.10.1.1.3. Alongside the whole bumper is pasted a horizontal 5 cm wide white light-reflecting tape.

3.9.1.1.4. In the front bus window is placed a fastening for a plate (plate dimensions 12 x 40 cm) with the route name.

3.10.1.2.Design of school bus rear part:

3.10.1.2.1. A light-reflective road sign “BĒRNU GRUPA” (“GROUP OF CHILDREN”) on the bus rear part, which complies with the requirements of the Road traffic regulations of the Republic of Latvia.

3.10.1.2.2. Alongside the whole bumper is pasted a horizontal 5 cm wide red light-reflecting tape.

3.10.1.3.School bus side labeling:

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3.10.1.3.1. both bus sides have the text “SKOLĒNI” (“CHILDREN”). Text is placed on light-reflecting yellow tape, text letter height is 20 cm and text letters are made of dark blue or black light-reflecting tape.

3.10.1.3.2. Along bus sides is pasted a horizontal 5 cm wide yellow light-reflecting tape.

3.10.1.3.3. On the bus sides is placed a project logo and the corresponding text, which is made of special tapes for pasting on a vehicle.

3.10.2. Precise placement of bus labeling, design, fonts and colours will be reconciled before producing the stickers according to each bus specification (dimensions, relief etc.).

3.10.3. Rough visual image for school bus reflecting stickers and the anticipated dimensions:

3.10.4. Material specification for school bus reflecting labeling:

3.10.4.1.Use of reflecting sticker tape with light-reflecting properties corresponding to the 3rd class requirements,

3.10.4.2.Sticker tape manufacturer-defined warranty period for reflecting sticker tapes is at least 6 years,

3.10.4.3.Total area for placing stickers for one bus is about 2,5 m2 (depends on bus dimensions),

3.10.4.4.4 colours have to be used.

3.10.5. Material specification for school bus project logo and text labeling:

3.10.5.1.Use sticker tapes anticipated for pasting on a vehicle,

3.10.5.2.Sticker tape manufacturer-defined warranty period for sticker tapes is at least 6 years,

3.10.5.3.Total area for placing stickers for one bus is about 4.5 m2 (depends on bus dimensions),

3.10.5.3.Colours will be reconciled during elaboration of technical specification for the project logo and text design.

21

3.10.6. The Supplier has to be able to perform repair work in 14 day's time starting from the day of sending the request to the Supplier if more than 10% of the sticker tape area is damaged.

22

4. BUS TECHNICAL SPECIFICATION

4.1. Compulsory customer-defined school bus specifications of the 1st procurement part

Type of vehicle “Class B”: vehicles designed to carry sitting passengers; a vehicle of this Class has seating places only

Passenger seating places:Number of seating places Not less than 19 + 1

Longitudinal distancebetween seats (seat pitch)

Not less than 65 cm

Vehicle warranty (Warranty terms and conditions are found in Annex 2.1)

Not less than 2 years or up to 200 000 km travelledAt least 7-year vehicle body warranty against rusting

Interior ceiling height Not lower than 1800 mmEngine parameters:

Type Engine that meets EURO 5 standardPower output Not less than 120 kWFuel DieselEngine volume Not more than 2500 cm3

Fuel tank capacity Not less than 100 litresTurning radius Not more than 8,0 metres (value of D in Annex No

2.2 “Turning radius diagram”)Transmission Manual with at least 6 stepsWheel disk size At least 16 inchesCompulsory equipment Alarm and anti-theft system

Integrated radio with speakers installed in the interior

Digital tachograph for 2 drivers Double interior side windows Passenger side door opening and closing only

from driver’s place Anti-lock braking system (ABS) Electronic stability control system (ESC) Traction control system (TCS) with a possibility

to be switched off if necessary Adjustable steering wheel Adjustable driver’s seat with a three point safety

belt Interior air ventilation system Independent heating system Ventilation and emergency hatch in the roof Electrically adjustable and heated external rear-

view mirrors Permanent daylights Front and rear fog lights Reverse motion alarm Mudguards for each wheel A set of winter tyres (tyres with studs) Protection of engine and important components

against stones and uneven roads Service manual and vehicle log book in Latvian

23

A possibility of entering a bus on a wheel-chair should be anticipated

It should be possible to easily remove seats in the interior by direct fixation fastenings, in order to provide space for at least 2 wheel-chairs

Wheel-chair fastenings for at least 2 wheel-chairs A possibility of placing a wheel-chair lift should

be anticipated A place in the interior for storing child car seats

should be anticipated Optional equipment 1. Wheel-chair lift

2. Prepaid CASCO insurance for at least 1 year (according to minimum requirements in the Annex No 2.3.)

3. Yellow blinking signalling lights of “LED” or “STROBO” type are installed in front of the vehicle (2 pcs) and in the rear part of it (2 pcs), which can be easily activated by the driver. Used when school children step out of the bus to additionally warn other road users

4. Interior air conditioner

24

4.2. Compulsory customer-defined school bus specifications of the 2nd procurement partType of vehicle “Class II”: vehicles designed mainly to carry sitting

passengers and in which it is possible to carry standing passengers in the main passage and/or in a part of the vehicle, which is not larger than the space for two double seats

Passenger seating places:Number of places Not less than 30 + 1 seating places


Not less than 68 cm


Not less than 2 years or up to 200 000 km travelled At least 7-year vehicle body warranty against rusting

Body type Single-deckerEngine parameters:

Type Engine that meets EURO 5 standardPower output Not less than 150 kW

Fuel DieselEngine volume Not more than 7500 cm3

Suspension type Pneumatic suspension Fuel tank capacity At least 150 litres Turning radius Not more than 9.0 metres (value of D in Annex No

2.2 “Turning radius diagram”)Transmission Manual with at least 6 stepsLuggage compartment Lockable, opens from outside, not less than 2 m3 Wheel disk size At least 19,5 inchesCompulsory equipment Radio with speakers installed in the interior and

a microphone Digital tachograph for 2 drivers Double side windows At least two passenger doors Equipped with steady handles for standing

passengers Anti-lock braking system (ABS) Traction control system (TCS) with a

possibility to be switched off if necessary Electronic stability control system (ESC) Adjustable steering wheel Adjustable pneumatic driver’s seat with a

three point safety belt Interior air ventilation system Independent heating system Ventilation and emergency hatch in the roof Electrically adjustable and heated external

rear-view mirrors Permanent daylights Front and rear fog lights Reverse motion alarm Parking-brake (does not allow the bus to move

with open doors) Protection of engine and important

components against stones and uneven roads

25

Service manual and vehicle log book in Latvian

A possibility of entering a bus on a wheel-chair should be anticipated

It should be possible to easily remove seats in the interior by direct fixation fastenings, in order to provide space for at least 2 wheel-chairs

Wheel-chair fastenings for at least 2 wheel-chairs

A possibility of placing a wheel-chair lift should be anticipated

Interior air conditionerOptional equipment 1. Wheel-chair lift

2. Prepaid CASCO insurance for at least 1 year (according to minimum requirements in the Annex No 2.3.)


26

4.3. Compulsory customer-defined school bus specifications of the 3rd procurement partType of vehicle “Class II”: vehicles designed mainly to carry sitting

passengers and in which it is possible to carry standing passengers in the main passage and/or in a part of the vehicle, which is not larger than the space for two double seats

Passenger seating places:Number of places Not less than 40 + 1 seating places


Not less than 68 cm


Not less than 2 years or up to 200 000 km travelled At least 7-year vehicle body warranty against rusting

Body type Single-deckerEngine parameters:

Type Engine that meets EURO 5 standardPower output Not less than 180 kW

Fuel DieselEngine volume Not more than 9500 cm3

Axles Not more than 2 axles Fuel tank capacity At least 150 litres Suspension type Pneumatic suspension Turning radius geometry Not more than 10.6 metres (value of D in Annex No

2.2 “Turning radius diagram”)Transmission Manual with at least 6 stepsLuggage compartment Lockable, opens from outside, not less than 2.5 m3 Wheel disk size At least 22,5 inchesCompulsory equipment Radio with speakers installed in the interior and a

microphone Digital tachograph for 2 drivers Double side windows At least two passenger doors Equipped with steady handles for standing

passengers Anti-lock braking system (ABS) Traction control system (TCS) with a possibility

to be switched off if necessary Electronic stability control system (ESC) Adjustable steering wheel Adjustable pneumatic driver’s seat with a three

point safety belt Interior air ventilation system Independent heating system Ventilation and emergency hatch in the roof Electrically adjustable and heated external rear-

view mirrors Permanent daylights Front and rear fog lights Parking-brake (does not allow the bus to move

with open doors) Reverse motion alarm

27

Protection of engine and important components against stones and uneven roads

Service manual and vehicle log book in Latvian A possibility of entering a bus on a wheel-chair

should be anticipated It should be possible to easily remove seats in the

interior by direct fixation fastenings, in order to provide space for at least 2 wheel-chairs

Wheel-chair fastenings for at least 2 wheel-chairs A possibility of placing a wheel-chair lift should

be anticipated Interior air conditioner

Optional equipment 1. Wheel-chair lift2. Prepaid CASCO insurance for at least 1 year

(according to minimum requirements in the Annex No 2.3.)


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Annex 2.1 to the Terms of RegulationID No VRAA/2009/34/AK

Vehicle Warranty Conditions

1. New vehicles should have 2 year or at least 200 000 km travelled manufacturer’s warranty, as well as additional 7-year vehicle body and floor warranty against rusting from inside to outside, that becomes effective from the first technical maintenance.

2. Warranty period for new spare parts obtained by the Client is 2 years from the day of purchusing, during the whole exploitation period.

3. The warranty includes cost-free change or repair of all necessary vehicle parts during the warranty period if warranty conditions are observed, excluding items and types of wear/damage indicated particularly in these conditions, which exclude warranty.

4. Warranty inludes the entire vehicle identification, including:4.1. repair of change of engine, main transmission, cardan shaft suspension bearing, starter,

generator, accumulator box, electrical equipment, fuel equipment;4.2. warranty repair or change of vehicle chassis or running gear and body elements –

shock absorbers, stabilisers and stabiliser boxes, wheel bearings and wheel hub, doors and sliding door hinges and handles, equipment elements, switches, seats, panelling.

5. Warranty does not refer to defects resulted from hereunder mentioned conditions:5.1. Participation in motorsport events or other events with the aim to achieve maximal

results in any of vehicle technical parameters;5.2. Reconstruction or installation of additional equipment (incl. alarm) without prior

reconciliation with the vehicle manufacturer or its authorised representative;5.3. Use of the vehicle for the purposes it is not designed for;5.4. Use of unoriginal spare parts;5.5. Excess of admissible gross vehicle weight, axle load and other technical parameters;5.6. Impact of natural disasters (incl. floods, earthquakes) and external mechanical forces;5.7. Use of liquids (fuel, lubricants etc.), which are not accepted by the manufacturer, or do

not correspond to the standards;5.8. Technical maintenance performed not corresponding to manufacturer, manufacturer's

authorised representative or client's instructions;5.9. Inobservance of service manual guidelines.

6. Warranty does not refer to such technical service works and maintenance according to manufacturer’s instructions:6.1. Fuel system cleaning, possible, probable consequences;6.2. Wheel balancing, change, tyre air pressure test;6.3. Wheel geometry determination;6.4. Oil change;6.5. Windscreen washer hole cleaning;6.6. Operation check, test runs;6.7. Liquid level control and maintenance.

7. Warranty does not cover the change of decreasing items if the wear appeared as a result of natural wear. Decreasing items are:7.1. Oil, fuel and air filtering elements;7.2. Brake pads and brake disks;7.3. Clutch assembly items;7.4. Windscreen wiper elastic bands and wiper blades;7.5. Light bulbs (excl. xenon);7.6. Tyres.

8. Warranty does not cover costs for glass damages excl. the case when manufacturer's fault is proved.

29

9. Warranty does not cover costs for resulting damages, additional and extra costs that appeared after the initial defect if the client has not informed the service station about the initial defect in time.

30

Annex 2.2 to the Terms of ReferenceID No VRAA/2009/34/AK

Turning Radius Diagram

A: The front overhang

B: The rear overhang

C: Wheelbase

D: The minimum turning radius

E: The minimum wheel slide radius

F: The minimum U-turn corridor

G: The maximum front axle turning angle, inner/outer wheels

31

Annex 2.3 to the Terms of ReferenceID No VRAA/2009/34/AK

Minimum Requirements for CASCO Insurance Policy:

1. Insurable risks: 1.1. Damages, appeared as a result of the following events:

1.1.1. Vehicle participating in road traffic, in the case of collision with another vehicle; collision with a barrier; the present moving vehicle rollover, fall (from a bridge etc.); sinking and/or breaking through the ice in case it is directly connected to the road traffic accident; driving into a pedestrian or an animal;

1.1.2. Fire hazard;1.1.3. Explosion;1.1.4. Impact of nature elements that include only such risks: tempest (wind speed of

more than 17.2 m/s), floods, lightning, hail, earthquake;1.1.5. Falling object action and collision with them;1.1.6. Third person unlawful action;1.1.7. Glass cracks;1.1.8. Tyre and disk damage;1.1.9. Stealing.

1.2. Theft and looting.2. Territory of policy:

2.1. Latvia, Lithuania, Estonia, Albania, Austria, Andorra, Belgium, Bosnia and Herzegovina, Bulgaria, Czech Republic, Denmark, France, Greece, Croatia, Italy, Cyprus, Liechtenstein, Luxembourg, Macedonia, Monaco, Netherlands, Norway, Poland, Portugal, Romania, Serbia and Montenegro, Slovakia, Slovenia, Finland, Spain, Switzerland, Hungary, Germany, Sweden.

3. Insurance policy validity period: One insurance year. Insurance year is a policy validity year starting from the day of policy conclusion until the policy conclusion day in the next year.

4. Insurance own risk:4.1. for the first declared insurance event within policy validity period 0%. For the second

and next insurance events – 50 (fifty) Ls. Insurance own risk is not deducted if as a result of insurance event the vehicle received only interior and/or lamp and/or mirror glass damage;

4.2. in case of vehicle destruction it is not more than 10% of the insurance sum;4.3. in case of vehicle theft – 0%.

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Tender Funding Security

State Regional Development AgencyRegistration No 90001733697

19 Elizabetes St., Riga, LV-1010

TENDER FUNDING SECURITY

“Supply of School Bus to Municipalities” (id. No VRAA/2009/34/AK) „<title of procurement part>”

<Place>, <date> of <month>,<year>

Taking into account that <Tenderer’s title or name and surname (if the Tenderer is a natural person)><registration number (if the Tenderer is a legal person)><address>(further referred to as the Tenderer)submits its tender to the State Regional Development Agency, registration No 90001733697, 19 Elizabetes St., Riga, LV-1010, (further referred to as the Customer) within the framework of the organised open competition "Supply of School Buses to Municipalities" (id.No. VRAA/2009/34/AK), as well as that the open competition regulation anticipates submission of the tender funding security,

we <Bank title, registration number and address> in 15 day’s time from the day of reception of a written request from the Customer, saying that:

the Tenderer withdraws its tender while the tender funding security is valid, the Tenderer, which is given the right to conclude a purchase agreement, does not

conclude the purchase agreement within the Customer defined term,irrevocably undertake to pay the sum of <the sum written by numbers> LVL (<the sum written by words> lats) to the Customer not asking for justification of its request, making payment to the bank account given in the request.

The tender funding security becomes valid on the <date> of <month>, <year> and is valid until the <date> of <month>, <year>. The Customer’s request has to be sent to us to the abovementioned address not later than on this date.

The person’s signature, who signed the tender funding security, should be notary certified or the request should be submitted through the intermediary of the bank serving the Customer. In this case the bank certifies the signature of the person, who signed the request.

To this security are applied the valid normative acts of the Republic of Latvia. All disputed incurred in respect of the tender funding security are considered in the court of the Republic of Latvia according to the valid normative acts of the Republic of Latvia.<Authorised signatory’s position, name and surname><Authorised signatory’s signature><Seal of the bank>

33


Open competition“Supply of School Buses to Municipalities”

(ID No VRAA/2009/34/AK)

LIST OF PROVIDED SUPPLIES AND MAINTENANCE SERVICES

NoTitle and short description of the supply and

the service

Purchase value excl.

VAT (LVL) Place

Customer (a private or public person, title, registration

number, address and a contact person)

Start and completion year and month of the

supply and the service

rendering

1. <…> <…> <…> <…> <…>/<…><…> <…> <…> <…> <…> <…>/<…><…> <…> <…> <…> <…> <…>/<…>

place date

position signature official’s name, surname

place for a stamp

34




LIST OF SUBCONTRACTORS’ PROCUREMENT PART

Subcontractor’s title, registration number, address and a contact

person

Volume of the

procurement part

Short description of the implemented procurement part

<…> <…> <…>

<…> <…> <…>

<…> <…> <…>

place date


place for a stamp

35





Registration No 90001733697

19 Elizabetes St., Riga, LV-1010

SUBCONTRACTOR’S TESTIMONY

Within the framework of the open competition "Supply of School Buses to Municipalities"(id.No. VRAA/2009/34/AK)

By this <Subcontractor’s title or name and surname (if the subcontractor is a natural person), registration number and address> testifies that:

a. it agrees to participate in the State Regional Development Agency, registration No 90001733697, 19 Elizabetes St., Riga, LV-1010, (further referred to as the Customer) organised open competition "Supply of School Buses to Municipalities" (id.No. VRAA/2009/34/AK), as a subcontractor of <Tenderer’s title, registration number and address> (further referred to as the Tenderer),

b. the events mentioned in the first part of clause 39 of the Public Procurement Law are not referable to the subcontractor,

c. in case a purchase agreement is concluded with the Tenderer, undertakes to:

perform such part of the Supply:

<short description of the part of the Supply according to the list of parts of supply given to Subcontractors>and deliver such resources to the Tenderer:<short description of the resources to be delivered to the Tenderer (specialists and/or technical equipment)>

<Authorised signatory’s position, name and surname><Authorised signatory’s signature>

36




LIST OF TECHNICAL SERVICE (MAINTENANCE) PLACES IN LATVIA

No Service place name

Legal ground for

service provision

(structural unit,

subcontractor etc.)

Address Contact person, contact phone

1. <…> <…> <…> <…>

<…> <…> <…> <…> <…>

<…> <…> <…> <…> <…>

<…> <…> <…> <…> <…>

<…> <…> <…> <…> <…>

place date

position signature official’s name,

surname

place for a stamp

37




TECHNICAL PROPOSAL

Procurement: Supply of School Buses to Municipalities

Tenderer's name:___________________________________________________________

I Information about the proposed vehicle

1. Name of the base vehicle model:________________________________________________________________________

2. Name of the base vehicle model manufacturer:______________________________________________________________________

3. Short, explicative description of the pffered vehicle:______________________________________________________________________________________________________________________________________________________________________________________________________

II Correspondence to technical specification requirements

Bus technical specificationPositions according to technical specification requirements

Tenderer’s offerDetailed description according to technical specification requirements

Type of vehicle Passenger seating places:

Number of placesLongitudinal distance

between seats (seat pitch)Vehicle warranty Interior ceiling height*Engine parameters:

TypePower output

FuelEngine volume

Axles**Fuel tank capacitySuspension type***Turning radius geometry

38

TransmissionLuggage compartmentWheel disk sizeCompulsory equipment (give detailed offer description for each compulsory requirement position)

Optional equipment (give detailed offer description for each optional requirement position)

1.

*-indicated only in the 1st procurement part**-indicated only in the 3rd procurement part ***-indicated only in the 2nd and the 3rd procurement part

39

III TURNING RADIUS DIAGRAM

A: The front overhanging ________ mm

B: The rear overhanging ___________ mm

C: Wheel base ___________ mm

D: The minimum turning radius __________ mm

E: The minimum wheel slide radius ___________ mm

F: The minimum U-turn corridor ___________mm

G: The maximum front axle turning angle, inner/outer wheels -____° / _____°

40

IV SCHOOL BUS TECHNICAL DRAWINGS

1. Requirements for school bus technical drawings:

to draw front view, rear view and side view of a bus;

to indicate bus inner and outer dimensions (bus length, width, height and road clearance);

to indicate door dimensions;

to indicate the seat, which is anticipated for placing a wheel-chair lift, and its dimensions;

to draw the position of seating places in the interior.

2. School bus technical drawings should be of such scale and quality to give detailed and obvious information.

V TECHNICAL SERVICE COSTS

Maintenance services until 300 000 km travelled

Maintenance times, if not mentioned in the

work list

Maintenance total costs excl. VAT (LVL)

1st procurement part:Oil change in the engine and oil filter change

Front and rear brake pad change, brake test on stand; 4 times

Front and rear brake disk (drums) change, brake test on stand; 2 times

Fuel filter change Air filter change Front and rear shock absorber change; 1 time

Front and rear spring change; 1 time

Engine belt change (incl. tension rollers)

Wheel balancing, change, tyre air pressure test; 4 timesWheel geometry determination

Total LVLTotal LVL/ 300 000 km

2nd and 3rd procurement partOil change in the engine and oil filter change;

Front and rear brake pad change, brake test on stand; 2 times

41

Front and rear wheel hub bearing change; 2 times

Air drier cartridge change, silencer cleaning

Fuel filter change Extra heating fuel filter change Radiator and intercooler test, cleaning

Transmission oil change Interior filter change Fine particle filter cleaning Movable joint change in the steering gear 1 time

AdBlue filter change Extra heating fuel filter change Oil change in the rear axle Engine valve adjustment Wheel balancing, change, tyre air pressure test; 2 timesWheel geometry determination

Total LVLTotal LVL/ 300 000 km

VI PROPOSED TECHNICAL MAINTENANCE INTERVAL

Maintenance serial number Interval from the previous maintenance, km

Average:Indicate all performed maintenance services until 300 000 km travelled.

VII PROPOSED WARRANTY PERIOD

Warranty object Proposed warranty period (years)Body (against rusting)EngineTransmissionDriving axleLimit of kilometres travelled during the warranty period

VIII TECHNICAL MAINTENANCE DIAGRAM

8.1. Technical maintenance diagram, which shows the Tenderer’s possibilities to provide maintenance services to municipalities not later than within 8 hours in the whole territory of Latvia (provide a calculation that allows to be accertain that the condition is fulfilled; provide a general description of the offered technical maintenance).8.2. Provision of technical maintenance to municipalities (next to each project partner it is necessary to show the type of technical maintenance provision, for example, the

42

nearest technical maintenance place, mobile service station or other type, and also to give contact information and legal justification).

No Project partner

Type of provided technical

maintenance

Address, phone number, name and surname of

the contact person

Legal justification for provision of technical

maintenance (supplier’s structural

unit; subcontractor; collaboration

partner; other)

Remarks

1Aglona municipality

2Aizpute municipality

3Akniste municipality

4Aloja municipality

5Aluksne municipality

6Amata municipality

7Auce municipality

8Baltinava municipality

9Balvi municipality

10Bauska municipality

11Cesvaine municipality

12Cibla municipality

13Dagda municipality

14Daugavpils municipality

15Dobele municipality

16Dundaga municipality

17Durbe municipality

18Engure municipality

19Grobina municipality

43

20Gulbene municipality

21Ilukste municipality

22Jaunjelgava municipality

23Jekabpils municipality

24Jelgava municipality

25Karsava municipality

26Kraslava municipality

27Krimulda municipality

28Krustpils municipality

29Kuldiga municipality

30Kekava municipality

31Limbazi municipality

32Livani municipality

33Ludza municipality

34Madona municipality

35Mazsalaca municipality

36Nereta municipality

37 Nica municipality38 Ogre municipality

39Priekule municipality

40Rezekne municipality

41Riebini municipality

42Rugaji municipality

43Rujiena municipality

44Rundale municipality

45Saldus municipality

46 Sigulda

44

municipality

47Skrunda municipality

48Strenci municipality

49 Talsi municipality

50Tervete municipality

51Tukums municipality

52Valka municipality

53Valmiera municipality

54Varkava municipality

55Vecpiebalga municipality

56Vecumnieki municipality

57Ventspils municipality

58Vilaka municipality

59Zilupe municipality

Place date


place for a stamp

45




FINANCIAL PROPOSALTable 1Procure

ment part

Vehicle model

One bus price excl. VAT

(LVL)

VAT, %

One bus price incl. VAT

(LVL)

Number of buses

Total price excl. VAT

(LVL)

VAT

, %

Total price incl. VAT

(LVL)

1st part 27

2nd part 36

3rd part 47

Table 2No Vehicle model Price excl.

VAT (LVL) VAT, % Price

incl. VAT

(LVL) Costs of technical maintenance per 1 km

Table 3Procure

mentpart

Vehicle model Price excl. VAT

(LVL)

VAT, % Price incl. VAT

(LVL) Optional equipment

1st part1.2.32nd part1.

46

2.33rd part1.2.3

By this I hereby confirm price reasonability and validity:

place date


47

Annex10 to the Terms of ReferenceID No VRAA/2009/34/AK

PROJECTof

PURCHASE AGREEMENT for supply of school buses to municipalities

___ __________2010, Riga

Fifty nine Municipalities of the Republic of Latvia named in the Annex 1 to this Agreement, (further referred to as the Buyer), which on the ground of the Project Agreement concluded on the 11 August 2009 between the competent authorities of Switzerland and Ministry of Finance of the Republic of Latvia for the implementation of the individual project “Implementation of municipalities’ activities by ensuring the transportation of school children and related supporting events” and Implementation Agreement No CH02 concluded on 14 September 2009 between the Central Finance and Agreement Agency, State Regional Development Agency and the Ministry of Regional Development and Local Government for the implementation of the individual project “Implementation of municipalities’ activities by ensuring the transportation of school children and related supporting events” are represented by the State Regional Development Agency, in the person of its director M.Krastiņš, who acts in accordance with the Regulations of the Cabinet of Ministers of 31 March 2009 No 288 „Regulation of the State Regional Development Agency”, on the one hand,

State Regional Development Agency (further referred to as the Payer), (reg. No 90001733697), in the person of its director M.Krastiņš, who acts in accordance with the Regulations of the Cabinet of Ministers of 31 March 2009 No 288 „Regulation of the State Regional Development Agency”, on the other hand,

___________________ (further referred to as the Seller), (reg. No______________), in the person of ___________________________, who acts in accordance with ______________________, on the third side,

together called the Parties and each separately the Party,

on the base of the results of open competition „Supply of School Buses to the Municipalities” (id. No VRAA/2009/34/AK),

conclude the following agreement, further referred to as Agreement:

I. SUBJECT OF THE AGREEMENT

1.1. In accordance with the conditions of Agreement, list of Municipalities, Technical specification (Annex 2 to the Agreement), Technical proposal (Annex 3 to the Agreement) and Financial proposal (Annex 4 to the Agreement):

48

1.1.1. The Seller sells and delivers, but the Buyer takes in its ownership and the Payer pays for the following school busses – mark ____, model ________, amount ______, further referred to as the Product,

1.1.2. The Seller sells, delivers and installs optional equipment on the Product in the volume specified by the Buyer, concluding a separate Agreement with concerned Buyer on the delivery of the optional equipment (Annex 5 to the Agreement) within the 40 (forty) calendar days from the date of the conclusion of the Agreement.

1.1.3. The Seller provides maintenance services to the Buyer in accordance with the Agreement added to this Agreement on the maintenance services during warranty period (Annex 6 to the Agreement), grounding on the Warranty conditions, List of costs for technical maintenance, List of technical service (maintenance) places and Technical maintenance diagram. The Seller concludes this agreement with concerned Buyer after the signing of the Delivery- acceptance Act (Annex 7 o the Agreement) (further referred to as Act).

1.2. Delivery price for one Product unit LVL, excl. VAT is ___________ (______ lats). The total delivery price for all delivered Products LVL, excl. VAT is __________ (______ lats) (further referred to as the Agreement sum). Value added tax is applied in accordance with valid normative acts.

1.3. All costs connected with the execution of the Agreement are included in the Agreement sum.

II PAYMENT PROCEDURE

2.1. The Payer pays the Agreement sum following the procedure below:

2.1.1. Advance payment in amount of 20% of the Agreement sum LVL <sum in figures> (<sum in words>) within 30 (thirty) calendar days after the signing of the Agreement and reception of the invoice from the Seller. Value added tax is applied in accordance with the normative acts valid on the invoice issue date;

2.1.2. The rest part of the Agreement sum in amount of 80% of the Agreement sum LVL <sum in figures> (<sum in words>) after the Product delivery (acceptance) in accordance with sub clause 2.1.3. Value added tax is applied in accordance with normative acts valid on the invoice issue date;

2.1.3. For each delivery part, according to Time schedule of product delivery (Annex 8 to the Agreement), the Payer makes interim payment within 45 (forty five) calendar days after the signing of the Act and reception of the invoice from the Seller.

2.2. All payments mentioned in the Agreement are made only if the Agreement funding security is valid (Annex 9 to the Agreement).

2.3. The Seller issues and submits to Payer invoices, in which it specifies:

2.3.1. Seller details;

2.3.2. Payer details;

2.3.3. details of each Buyer;

2.3.4. Product – mark, model, amount;

2.3.5. Sum – in figures and in words.

49

2.4. The payment day is considered the date, when the Payer made the transfer to the Seller’s account.

2.5. On the date of signing the Agreement sum is fixed in LVL and EUR according the exchange rate stated by the Latvian Bank on the date of the Agreement signing. In the case when the during the Agreement implementation the value of lat against the current euro value changes for more than 3% (three percents), the payable part of the Agreement sum is recalculated according to the rate stated by the Latvian Bank on the day of payment.

III. PRODUCT DELIVERY AND ACCEPTANCE

3.1. The Seller delivers the Product to the Buyer’s address according to the List of Municipalities and Time schedule of product delivery, not later than within 180 (one hundred eighty) calendar days from the Agreement conclusion day. Beforehand the Seller agrees with the Payer upon specific delivery time.

3.2. The Seller transfers and the Buyer accepts the Product in the Payer’s presence, signing a trilateral Act. Simultaneously with the Product delivery, the Seller presents documentation on the Product quality and registration performed under the procedure specified in normative acts, compulsory insurance policy of civil liability for land vehicle owners, operational instructions and service book.

3.3. Prior to the signing the Act the Buyer checks the Product compliance with the Agreement conditions and signs the Act or returns it unsigned to the Seller, specifying in written form the reasons for un-signing the Act. In a refusal to sign the Buyer gives identified shortcomings. The Seller eliminates shortcomings at its own expense within the term specified by the Parties.

3.4. If the Parties cannot agree on the Product compliance with the Agreement conditions, they invite an independent expert for an opinion.

3.5. Risk for the Product maintenance passes to the Buyer from the Act signing moment.

IV. THE RIGHTS AND THE OBLIGATIONS OF THE PARTIES

4.1. Buyer’s rights:

4.1.1. to verify the Product compliance with all Technical specification requirements;

4.1.2. to verify the completeness and validity of the Seller’s Product documentation and manufacturer’s warranty conditions;

4.1.3. when the Product shortcomings are identified, to draw up a statement, in which the identified shortcomings and term for their elimination are specified;

4.1.4. to invite independent experts during the Product acceptance;

4.1.5. to un-accept the Product not complying with the Agreement conditions;

4.1.6. to apply for selected optional equipment to the Payer within 20 (twenty) calendar days from the Agreement conclusion;

4.1.7. to require information about the progress of the Agreement implementation.

4.2. Buyer’s obligations:

4.2.1. to accept the Product delivered in accordance with the Agreement conditions;

50

4.2.2. to conclude Agreement for maintenance service in warranty period;

4.2.3. if the Buyer selected optional equipment, to conclude Agreement for delivery of optional equipment.

4.3. Payer’s rights:

4.3.1. to participate in the Product delivery and acceptance;


4.4. Payer’s obligations:

4.4.1. to submit to the Seller design technical specification necessary for Product stencilling not later than 60 (sixty) calendar days after the Agreement conclusion;

4.4.2. to inform the Seller on the delivery of the Product optional equipment within 30 (thirty) calendar days after the Agreement conclusion;

4.4.3. to make payments in accordance with the procedure stated in the Agreement.

4.5. Seller’s rights:

4.5.1. to receive payment for the Product delivered in accordance with the Agreement conditions.

4.6. Seller’s obligations:

4.6.1. to prepare and organize the Product transfer in accordance with normative acts for the Buyer’s participation in road traffic;

4.6.2. to pay taxes and duties on the Product according to normative acts;

4.6.3. to register the Product in the Road Traffic Safety Directorate (further referred to as RTSD) on the name of concerned Buyer and cover associated costs;

4.6.4. to perform first technical inspection in the RTSD and cover associated costs;

4.6.5. to acquaint the Buyer with a true and complete information about the Product quality, reliability, manufacturer’s warranty conditions and technical service rules;

4.6.6. in the case of delivery of the Product inadequate to Agreement requirements, to exchange it for the new Agreement requirement compliant Product;

4.6.7. to give a warranty and provide to the Buyer possibility to perform technical service and warranty repair in the territory of Republic of Latvia in accordance with the Agreement for providing of maintenance services in warranty period;

4.6.8. to provide delivery of optional equipment and installation to the Product in accordance with an agreement concluded with the concerned Buyer for delivery of optional equipment;

4.6.9. to perform Product stencilling accordingly the design technical specification given by the Buyer;

4.6.10. when changing subcontractor, to agree beforehand with the Payer. The new subcontractor shall comply with requirements specified in sub clause 7.2.9. to the Terms of Reference of the open competition;

51

4.6.11. on the Buyer’s and the Payer’s request or on its own initiative, to provide information on the progress of the Agreement implementation.

V. PENALTY SANCTIONS

5.1. If the Seller fails to deliver the Product in accordance with Time schedule of product delivery, the Seller pays to the Payer penalty in amount of 0,005% of the Agreement sum incl. VAT in proportion for each Product unit, for which obligation is not fulfilled, for each day of delay.

5.2. If the Seller does not exchange low-quality Product for the new one or does not eliminate identified shortcomings under the procedure mentioned in clauses 3.3. and 4.6.6. of the Agreement, the Seller pays penalty in amount of 0,1% of the sum for low-quality Product for each day of delay.

5.3. If the Seller unilaterally renounces from the Agreement execution or the Payer terminates the Agreement due to the Seller’s fault, then the Seller pays to the Payer penalty in amount of 10% of the Agreement sum incl. VAT and covers losses incurred to the Payer and the Buyer as the result of the Agreement termination.

5.4. For payment delay mentioned in sub clause 2.1.3. of this Agreement, the Payer pays to the Seller penalty in amount of 0,005 of the Agreement sum incl. VAT in proportion for each payment, for which obligation is not executed, for each day of delay.

5.5. The payment of the penalty mentioned in subclasses 5.1., 5.2. and 5.4. does not release the Buyer and the Payer from the execution of obligations.

5.6. If the cases mentioned in the sub clause 8.2. of the Agreement occur, the Agreement funding security comes into force.

VI. QUALITY

A high-quality Product in the Agreement understanding is the Product, which complies with the Agreement conditions, including the Product quality requirements specified in the Technical specification, Product manufacturer’s standards and laws and other normative acts.

VII. FORCE-MAJEURE

7.1. The Parties agree, if a Party fails to comply with its obligations under the Agreement due to force-majeure circumstances, it is exempted from liability for breach of the Agreement at all or non-proper execution of the Agreement.

7.2. The Parties agree, that the force-majeure circumstances are understood any circumstances independent of the will of concerned Party (if it has acted reasonably and honestly), as a result of which it was impossible to execute Party’s obligations adequately or execute them at all and if these circumstances were not possible to predict not only by concerned Party but also by any other person, who acts or would act in the sector of concerned Party, as well as, if these circumstances could not be eliminated by reasonable and fair manner.

7.3. The Parties agree, that if the force-majeure circumstances arise, the Party who invoke them, should report to other Party in writing form not later than within 5 (five) calendar days from the arise or commencement of these circumstances (written notice), but the documents or other proofs, which clearly indicates the force-majeure circumstances,

52

shall be submitted to other Party not later than within 14 (fourteen) calendar days from the date when written notice is sent or presented.

7.4. The Parties agree, if the Party, which later refers to the force-majeure circumstances, failed to observe the abovementioned procedure of the submitting notices and proofs, its declarations are not considered as adequate to force-majeure circumstances.

VIII. VALIDITY OF THE AGREEMENT AND ITS TERMINATION

8.1. The Agreement is in force from the day of its signing and is valid till full implementation of obligations.

8.2. The Buyer and the Payer have the rights to terminate this Agreement by unilateral statement, if:

8.2.1. a court decision has come into force on the recognition of the Seller to be insolvent;

8.2.2. the Seller fails to eliminate shortcomings in accordance with the procedure in sub clause 3.3;

8.2.3. the Seller delays the execution of the Agreement-based obligations for more than 20 (twenty) working days;

8.2.4. the Seller has changed subcontractors without agreement with the Payer.

8.3. In the cases specified in clause 8.2 of the Agreement, the Agreement is considered as terminated on the 7 (the seventh) day after the Payer’s notification of resignation (a registered mail) is sent. In this case the Seller pays penalty specified in the Agreement, compensates all incurred losses and reimburses to the Payer advance payment paid under sub clause 2.1.1.

8.4. The Agreement can be terminated before its expiration upon the mutual written consent of the Parties.

IX. OTHER CONDITIONS

9.1. Terms used in this Agreement correspond to their sense and wording in what they are used in the documentation of open competition. The terms explained in the documentation of the open competition are used in the Agreement text in their described meaning, unless it is not possible from a context to understand other meaning of the term. During the Agreement implementation the provisions provided in documentation of open competition are binding to the Parties.

9.2. All claims and disputes which may arise during the Agreement implementation are to be primarily settled through negotiations, as far as possible agreeing to a mutually beneficial compromise. If the Parties will not come to consent the disputes are settled in the court of the Republic of Latvia according to the procedure specified in normative acts of Republic of Latvia.

9.3. The Agreement conditions can be amended upon the mutual agreement of the Parties by drawing up in written form all amendments, corrections and supplements to the Agreement. They should be added to the Agreement as annexes and they become an integral part of the Agreement.

9.4. None from Parties without agreement of the other Party must not transfer to the third person its obligations set by the Agreement.

53

9.5. In cases not provided for in the Agreement the Parties acts in accordance with the valid normative acts.

9.6. If any of Parties has changed its legal status, signature rights of the Parties’ officials or details of the Parties mentioned in the Agreement, telephone, fax numbers, email addresses, addresses, etc., then it shall immediately give a written notice to the other Party. If the Party fails to fulfil the conditions of this sub clause, it is considered that the other Party has fully executed its obligations by using the information contained in this Agreement on the other party. The conditions in this sub clause shall also apply to the representatives of the Parties and their details mentioned in this Agreement and its annexes.

9.7. Reorganization of the Parties or change of their leaders cannot be the basis for suspension or termination of the Agreement. In case when any of Parties is reorganized or liquidated, Agreement remains in force and its conditions are binding to the successor of the Parties’ rights. The Parties warn for the entry of such circumstances one month beforehand.

9.8. Correspondence relating to Agreement implementation is provided in written in Latvian to the addresses of the Payer and the Seller specified in this Agreement, and is considered as received: 1) if sent by registered mail, then in notification on mail service or on the seventh day after transfer of mail (postal stamp), in the case of doubts, sender shall prove, when a mail was posted. If an addressee claims that he has not received posted mail he must motivate it mentioning the credible reasons; 2) if transferred in person against a signature – on a day, when it is delivered to the recipient. 3) through the fax with appropriate receipt approval; 4) if sent by e-mail, with proper receipt of reports at the moment of receipt. The Seller and the Payer in the duration of the Agreement undertakes to provide access to correspondence set to the addresses specified in the Agreement and assume all risks in connection with any correspondence receipt difficulties or impossibility.

9.9. Contact person from the Payer’s side -__________________________________.

9.10. Contact person from the Seller’s side - _______________________________.

9.11. If any clause of the Agreement for any reason losses its validity, it does not affect other Agreement conditions and other clauses of the Agreement remain in force.

9.12. The Agreement is drawn in __ (____) identical copies on 26 (twenty six) pages in Latvian, one copy for each Party, and all copies of the Agreement have equal legal force. The Parties agree to all Agreement conditions and, by signing, confirm, that they understand its conditions.

9.13. The following annexes are added to the Agreement:

Annex1 – List of Municipalities, on six pages;

Annex 2 – Technical specification on thirteen pages;

Annex 3 – Technical proposal on <number of pages> pages;

Annex 4 - Financial proposal on <number of pages> pages;

Annex 5 – Agreement for delivery of optional equipment on six pages;

Annex 6 – Agreement for maintenance service in warranty period on five pages;

Annex 7 - Delivery-acceptance act one page;

Annex 8 – Time schedule of product delivery on one page;

Annex 9 - Agreement funding security on one page.

54

IX. THE DETAILS AND SIGNATURES OF THE PARTIES

On behalf of Buyer and Payer: Seller:

State Regional Development Agency19 Elizabetes St., Riga, LV-1010Reg.No 90001733697 The TreasuryTRELLV22 Account: LV76TREL25800202203N5

Director

M.Krastiņš____________________

55

Annex 1 to the Agreement for supply of school buses to municipalities

List of municipalities

NoMunicipality The legal address of the municipality

Tax payer’s registration

number

Decision of municipality (date, protocol number,

decision number)

Decision on the bus type

Total

1. 2. 3.

1Aglona municipality

Somersetas street 34, Aglona, Aglona municipality, LV-5304

9000006575415.09.2009 No.12 6.§

1 1 2

2Aizpute municipality

Atmodas street 22, Aizpute, Aizpute municipality, LV-3456

9000003174330.09.2009 No.10 53.§

1

1

3Akniste municipality

Skolas street 7, Akniste, Akniste municipality, LV-5208

9000002644126.10.2009 No.9 16.§

1

1

4Aloja municipality

Jūras street 13, Aloja, Aloja municipality, LV-4064

9000006003221.10.2009 No.8 12.§

1 1

5Aluksne municipality

Dārza street 11, Aluksne, Aluksne municipality, LV-4301

9000001862215.10.2009 No.10 53.§

1 1 2

6Amata municipality

„Ausmas”, Drabeši parish, Amata municipality, LV-4101

9000095724214.10.2009 No.7 3.§

1

1

7Auce municipality

Jelgava street 1, Auce, Auces municipality, LV-3708

9000911633114.10.2009 No.7 5.§

1 2 3

8

Baltinava municipality

Karsavas street 16, Baltinava, Baltinava municipality, LV-4594

9000911559015.10.2009 No.8.§

1

1

9Balvi municipality

Berzpils street 1a, Balvi, Balvi municipality, LV-4501

9000911562208.10.2009 No.14 23.§

4

4

10Bauska municipality

Uzvaras street 11, Bauska, Bauska municipality, LV-3901

9000911622322.10.2009 No.8 12.§

2 2

11Cesvaine municipality

Pils street 1a, Cesvaine, Cesvaine municipality, LV-4871

9000005472715.10.2009 No.9 7.§

1 1

12Cibla municipality

„Blonti”, Blonti parish, Cibla municipality, LV-5706

9000004125814.10.2009 No.9 6.§

1 1

13Dagda municipality

Alejas street 4, Dagda, Dagda municipality, LV-5674

9000004122428.10.2009 No.11 22.§

1 3

4

14

Daugavpils municipality Riga street 2, Daugavpils, LV-5401

9000911756815.10.2009 No.13 45.§

1 4 3 8

15Dobele municipality

Brīvības street 17, Dobele, Dobele municipality, LV-3701

9000911509208.10.2009 No.11 159.

1 1 2

16Dundaga municipality

Pils street the „Līkā muiža”, Dundaga, Dundaga municipality, LV-3270

9000911520915.10.2009 No.10 1.§

1

1

17Durbe municipality

Parka street 2, Liegi, Tadaiki parish, Durbe municipality, LV-3447

9000006389512.10.2009 No.20 3.§

1 1

18Engure municipality

„Pagastmaja”, Smarde parish, Engure municipality, LV-3129

9000005075920.10.2009 No.8 26.§

1 1

19Grobina municipality

Lielā street 76, Grobina, Grobina municipality, LV-3430

9000005862529.09.2009 No.9 46.§

1 1

2

57

20Gulbene municipality

Ābeļu street 2, Gulbene, Gulbene municipality, LV-4401

9000911632708.10.2009 No.11 30.§

1 2 1 4

21Ilukste municipality

Brīvības street 7, Ilukste, Ilukste municipality, LV-5447

9000007878230.09.2009 No.16 54.§

2

2

22

Jaunjelgava municipality

Lacplesa street 11, Jaunjelgava, Jaunjelgava municipality, LV-5134

9000002082417.09.2009 No.7 17.§

1

1

23

Jekabpils municipality Rigas street 150a, Jekabpils, LV-5202

9000911678915.10.2009 No.8 37.§

1

1

24Jelgava municipality Pasta street 37, Jelgava, LV-3001 90009118031 28.10.2009 No.8 33.§

2 2

25Karsava municipality

Vienības street 53, Karsava, Karsava municipality, LV-5717

9000001739814.10.2009 No.10 3.§

1

1

26Kraslava municipality

Riga street 51, Kraslava, Kraslava municipality, LV-5601

9000126748719.10.2009 No.9 1.§

2

2

27

Krimulda municipality

Parka street 1, Ragana, Krimulda parish, Krimulda municipality, LV-2144

9000006879915.10.2009 No.7 1.§

1 1

28Krustpils municipality Riga street 150a, Jekabpils, LV-5202

9000911811621.10.2009 No.10 71.§

1 1

29Kuldiga municipality

Baznīcas street 1, Kuldiga, Kuldiga municipality, LV-3301

9000003559024.09.2009 No.8 25.§

1 1

2

30Kekava municipality

Gaismas street 19 k-9, Kekava, Kekava municipality, LV-2123

9000004849113.10.2009 No.10 2.§2.3.

1 131 Limbazi municipality Rigas street 16, Limbazi, Limbazi

municipality, LV-400190009114631 22.10.2009 No.10 58.§ 1 1

58

32Livani municipality

Rigas street 77, Livani, Livani municipality, LV-5316

9000006559529.10.2009 No.25 4.§

1

1

33Ludza municipality

Raina street 16a, Ludza, Ludza municipality, LV-5701

9000001745322.10.2009 No.13 83.§

1

1

34Madona municipality

Saieta Laukums1, Madona, Madona municipality, LV-4801 is entered

9000908551020.10.2009 No.12 1.§

3 3

35

Mazsalaca municipality

Pernavas street 4, Mazsalaca, Mazsalaca municipality, LV-4215

9000911416723.09.2009 No.10 34.§

1 1

36Nereta municipality

Rigas street 1, Nereta parish, Nereta municipality, LV-5118

9000911638424.09.2009 No.6 36.§

1

1 2

37Nica municipality

Bartas street 6, Nica parish, Nica municipality, LV-3473

9000003153108.10.2009 No.8 2.§

1 1

38Ogre municipality

Brīvības street 48, Ogre, Ogre municipality, LV-5001

9000002445515.10.2009 No.6 32.§

1

1 2

39Priekule municipality

Saules street 1, Priekule, Priekule municipality, LV-3434

9000003160113.10.2009 No.11 1.§

1 2 3

40Rezekne municipality Atbrīvošanās alley 95, Rezekne, LV-4601 90009112679 15.10.2009 No.8 5.§

4 2

6

41Riebini municipality

Saules street 8, Riebini, Riebini municipality, LV-5326

9000188208713.10.2009 No.21 3.§

1 1

2

42Rugaji municipality

Kurmenes street 48, Rugāji parish, Rugaji municipality, LV-4570

9000911673615.10.2009 No.9 18.§

1

1 2

59

43 Rujiena municipality

Raina street 3, Rujiena, Rujiena municipality, LV-4240

9000911281922.10.2009 No.7 9.§

1 1

44Rundale municipality

Pilsrundales street 1, Pilsrundale, Rundale parish, Rundale municipality, LV-3921

9000911516215.10.2009 No.8 1.§

1 1

45Saldus municipality

Striķu Street 3, Saldus, Saldus municipality, LV-3801

9000911464622.10.2009 No.14 22.§

1 2 1 4

46Sigulda municipality

Pils street 16, Sigulda, Sigulda municipality, LV-2150

9000004815220.10.2009 No.24 1.§

1 1

47Skrunda municipality

Raina street 11, Skrunda, Skrunda municipality, LV-3326

9000001591222.10.2009 No.11 3.§

1 1

2

48Strenci municipality

Valkas street 16, Strenci, Strenci municipality, LV-4730

9000911634604.09.2009 No.8 2.§

1 1

49Talsi municipality

Kareivju Street 7, Talsi, Talsi municipality, LV-3201

9000911353215.10.2009 No.13 341.

1 3 4

50Tervete municipality

„Zelmeni”, Tervete parish, Tervete municipality, LV-3730

9000146556215.10.2009 No.5 8.§

1 1 2

51Tukums municipality

Pilsa street 18, Tukums, Tukums municipality, LV-3101

9000005097513.10.2009 No.9 2.§

1 1

52Valka municipality

Seminār street 9, Valka, Valka municipality, LV-4701

9000911483929.10.2009 No.8 2.§

1

1

53

Valmiera municipality

Alejas street 8, Kocenu parish, Valmiera municipality, LV-4220

9000911417109.10.2009 No.11 6.§

1 1

60

54Varkava municipality

School street 5, Vecvarkava, Varkava municipality, LV-5335

9000006543429.10.2009 No.13 3.§

1

1

55

Vecpiebalga municipality

Alauksta street 4, Vecpiebalga parish, Vecpiebalga municipality, LV-4122

9000005725909.10.2009 No.13 2.§

1 1

56

Vecumnieki municipality

Riga street 29, Vecumnieki parish, Vecumnieki municipality, LV-3933

9000911595721.10.2009 No.8 1.§

1

1

57

Ventspils municipality Skolas street 4, Ventspils, LV-3601

9000005203529.10.2009 No.10 10.§

2 2

58Vilaka municipality

Abrenes street 26, Vilaka, Vilaka municipality, LV-4583

9000911561812.10.2009 No.11 5.§

2 1 3

59Zilupe municipality

Raina street 13, Zilupe, Zilupe municipality, LV-5751

9000001738329.10.2009 No.8 1.§

1

1Total:

27 36 47 110

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Project

AGREEMENT for delivery of optional equipment

____ __________2009

_____________________________ Municipality, in the presence of its chairman _____________, who acts in accordance with _____________ (further referred to as the Buyer), on the one hand,

and _____________ (further referred to as the Seller) in the presence of _____________, who acts in accordance with _____________, on the other hand

(both together further referred to as the Parties),

on the ground of the results of open competition „Supply of School Buses to Municipalities” (id. No VRAA/2009/34/AK) held by the State Regional Development Agency, and the Purchase agreement for supply of school busses to municipalities (No ____)

have concluded the agreement on the following (further referred to as the Agreement).

I. SUBJECT OF THE AGREEMENT

1.1. In accordance with the Agreement conditions the Seller sells and delivers, but Buyer takes in its ownership and pays for the optional equipment for following school buses - mark_____, amount ______, further referred to as the Product.

1.2. Delivery price for one Product unit, excl. VAT is LVL ___________ (______ lats). The total delivery price for all delivered Products LVL, excl. VAT is LVL ___________ (______ lats) (further referred to as Agreement sum). Value added tax is applied in accordance with valid normative acts of the Republic of Latvia.

1.3. All payments connected with the Agreement implementation are included in the Agreement sum.

II PAYMENT PROCEDURE

2.1. The Buyer pays The Seller the Agreement sum incl. VAT after Product delivery, signing of the Delivery-acceptance Act (further referred to as the Act) (Annex 1 to the Agreement) and reception of the invoice from the Seller within 30 (thirty) calendar days. Value added tax is applied in accordance with normative acts valid on the invoice issue data;

2.2. The payment day is considered the date when the Buyer made the transfer to the account specified by the Seller.

III. PRODUCT DELIVERY AND ACCEPTANCE

3.1. The Seller delivers the Product to the Buyer till <date> <month><year>.

3.2. The Seller transfers and the Buyer accepts the Product, signing the Act. Simultaneously with the Product delivery, the Seller presents accompanying Product documentation.

3.3. Prior to the signing of the Act the Buyer checks the Product compliance with the Agreement conditions and signs the Act or returns it unsigned to the Seller, specifying in written form reasons for un-signing the Act. In a refuse to sign the Buyer gives the identified shortcomings. The Seller eliminates shortcomings at his own expense within the term specified by the Parties.

3.4. If the Parties cannot agree on the Product compliance with the Agreement conditions, they invite an independent expert for an opinion.

3.5. Risk for the Product maintenance passes to the Buyer from the Act signing moment.

IV. THE RIGHTS AND THE OBLIGATIONS OF THE PARTIES

4.1. Buyer’s rights:

4.1.1. to verify the Product compliance with technical specification of optional equipment;

4.1.1. to verify the completeness and validity of the Seller’s Product documentation and manufacturer’s warranty conditions;

4.1.2. when the Product shortcomings are identified, to draw up a statement, in which the identified shortcomings and term of their elimination are specified;

4.1.3. to invite independent experts during the Product acceptance;

4.1.4. to un-accept the Product not complying with the Agreement conditions;


4.2. Buyer’s obligations:

4.2.1. to accept the Product delivered in accordance with the Agreement conditions;

4.2.2. to execute payments in accordance with the payment procedure specified in the Agreement.

4.3. Seller’s rights:

4.3.1. to receive payment for the Product delivered in accordance with the Agreement conditions.

4.4. Seller’s obligations:

4.4.1. in accordance with normative acts, to provide installation of the Product on the vehicles specified by the Buyer;

4.4.2. to acquaint the Buyer with a true and complete information about the Product quality, reliability, manufacturer’s warranty conditions and technical service rules;

4.4.3. in case of delivery of the Product inadequate to the Agreement requirements, to exchange it for the new, Agreement requirement compliant Product;

4.4.4. to give a warranty and provide to the Buyer possibility to perform technical service and warranty repair in the territory of Republic of Latvia in accordance

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with the Agreement for providing of maintenance service in warranty period (if appropriate);

4.4.5. on the Buyer’s request or on its own initiative, to provide information on the progress of the Agreement implementation.

V. PENALTY SANCTIONS

5.1. If the Seller fails to deliver the Product in accordance with the Agreement conditions, he pays a penalty to the Buyer in amount of 10% of the Agreement sum incl. VAT.

5.2. If the Seller does not exchange low-quality Product for the new one, or does not eliminate identified shortcomings under the procedure specified in the Agreement, the Seller pays penalty in amount of 0, 5% for each day of delay.

5.3. If the Buyer does not execute payment in accordance with the Payment procedure in sub clause 2.1. of the Agreement, the Buyer pays a penalty to the Seller in amount of 0, 5% of delayed payment sum incl. VAT for each day of delay.

5.4. The payment of penalty mentioned in sub clauses 5.1., 5.2. and 5.3 does not release the Seller from the execution of obligations.

VI. QUALITY

A high-quality Product in the Agreement understanding is the Product, which complies with the technical specification of optional equipment, including Product quality requirements set in Product manufacturer’s standards and laws and other normative acts.

VII. FORCE-MAJEURE



7.3. The Parties agree, that if the force-majeure circumstances arise, the Party who invoke them, should report to other Party in writing form not later than within 5 (five) calendar days from the arise or commencement of these circumstances (written notice), but the documents or other proofs, which clearly indicates the force-majeure circumstances, shall be submitted to other Party not later than within 14 (fourteen) calendar days from the date when written notice is sent or presented.

7.4. The Parties agree, if the Party, which later relates to the force-majeure circumstances, failed to observe the abovementioned procedure of subimitting notices and proofs , its declarations are not considered as adequate to force-majeure circumstances.

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VIII. VALIDITY OF THE AGREEMENT AND ITS TERMINATION

8.1. The Agreement is in force from the day of its signing and is valid till full implementations of obligations.

8.2. The Buyer has rights to terminate this Agreement by unilateral statement, if:

8.2.1. a court decision has come into force on the recognition of the Seller to be insolvent;

8.2.2. the Seller fails to eliminate shortcomings in accordance with the procedure in sub clause 3.3;

8.2.3. A Seller delays the execution of the Agreement-based obligations for more than 20 (twenty) working days;

8.3. In the cases specified in clause 8.2 of the Agreement, the Agreement is considered as terminated on the 7 (the seventh) day after the notification of the resignation (registered mail) is sent. In this case the Seller pays penalty specified in the Agreement and compensates all incurred losses.

8.4. The Agreement can be terminated before its expiration upon the mutual written consent of the Parties.

IX. OTHER CONDITIONS

9.1. Terms used in this Agreement correspond to their sense and wording, in what they are used in the documentation of open competition. The terms explained in the documentation of the open competition are used in the Agreement text in their described meaning, if only it is not possible from a context to understand other meaning of the term. During the Agreement implementation the provisions provided in documentation of open competition are binding to the Parties.

9.2. All claims and disputes which may arise during the Agreement implementation are to be primarily settled through negotiations, as far as possible agreeing to a mutually beneficial compromise. If the Parties will not come to consent the dispute are settled in the court of the Republic of Latvia according to the procedure specified in normative acts of Republic of Latvia.

9.3. The Agreement conditions can be amended upon the mutual agreement of the Parties by drawing up in written form all amendments, corrections and supplements to the Agreement. They should be added to the Agreement as annexes and they become an integral part of the Agreement.

9.4. None from Parties without agreement of the other Party shall not transfer to the third person its obligations set by the Agreement.


9.6. If any of Parties has changed its legal status, signature rights of Parties’ officials or details of the Parties mentioned in the Agreement, telephone, fax numbers, email addresses, addresses, etc., then it shall immediately give a written notice to the other Party. If the Party fails to fulfil the conditions of this sub clause, it is considered that the other Party has fully executed its obligations by using the information contained in this Agreement on the other party. The conditions in this sub clause shall also apply to the representatives of the Parties and their details mentioned in this Agreement and its annexes.

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9.7. Reorganization of the Parties or change of their leaders cannot be the basis for suspension or termination of the Agreement. In case when any of Parties is reorganized or liquidated, the Agreement remains in force and its conditions are binding to the successor of Parties’ rights. The Parties warn for the entry of such circumstances one month beforehand.

9.8. Correspondence relating to Agreement implementation is provided in written in Latvian to the addresses of the Payer and the Seller specified in this Agreement, and is considered as received: 1) if sent by registered mail, then in notification on mail service or on the seventh day after transfer of mail (postal stamp), in the case of doubts, sender shall prove, when a mail was posted. If an addressee claims that he has not received posted mail he must motivate it mentioning the credible reasons; 2) if transferred in person against a signature – on a day, when they are delivered to the recipient. 3) through the fax with appropriate receipt approval; 4) if sent by e-mail, with proper receipt of reports at the moment of receipt. The Seller and the Payer in the duration of the Agreement undertakes to provide access to correspondence set to the addresses specified in the Agreement and assume all risks in connection with any correspondence receipt difficulties or impossibility.

9.9. Contact person from the Buyer’s side -__________________________________.

9.10. Contact person from the Seller’s side - _______________________________.

9.11. If any of the Agreement clauses for any reason losses its force, it does not affect other Agreement conditions and other Agreement clauses remain in force.

9.12. The Agreement is made in 2 (two) identical copies on ___ pages in Latvian, one copy for each Party, and both Agreement copies have equal legal force. The Parties agree to all Agreement conditions and, by signing, confirms, that they understand its conditions.

9.13. The following annex is added to the agreement:

Annex 1 – Delivery-acceptance act on one page.

X. DETAILS AND SIGNATURES OF THE PARTIES

Buyer: Seller:

________________________ ____________________

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Annex 1 to the Agreement for delivery of optional equipment

DELIVERY-ACCEPTANCE ACT

Buyer Seller

The legal address: The legal address:

Registration number: The unified registration number:

Bank: <name>Bank code <code>Account: <number>


Municipality is presented by <position> A Seller is presented by <position>

<Name, surname> <Name, surname>

Who acts in accordance with <base of representation>

Which operates in accordance with <base of representation>

1. In accordance with Agreement No <number> of <date><month><year> for delivery of optional equipment the Seller delivers and the Buyer accepts the following Product: type____, unit price, incl. VAT _____, total amount _____, total sum ______.

2. In accordance with Agreement No <number> of <date> <month><year> for delivery of optional equipment the Seller delivers and the Buyer accepts the following documentation related to Product:

No Document Product, which the concerned document is related with, identifying

data

Other remarks

Buyer: Seller:

________________________ ____________________

Annex 6 to the Agreement for supply of school buses to Municipalities

Project

AGREEMENT for maintenance services in warranty period

___ __________ 2010

_____________________________ Municipality in the presence of its chairman _____________, who acts in accordance with _____________ (further referred to as Customer), on the one hand,

and _____________ (further referred to as Performer) in the presence of _____________, who acts in accordance with _____________, on the other hand

(further together referred to as the Parties),

on the ground of the results of open competition „Supply of School Buses to Municipalities”, (id. No VRAA/2009/34/AK), held by the State Regional Development Agency and Purchase agreement for supply of school busses to Municipalities (No ____)

have concluded the agreement on the following (further referred to as Agreement).

1. SUBJECT OF THE AGREEMENT

The Customer assigns and Performer undertakes to execute maintenance services in warranty period (further referred to as the Services) for the following school busses – amount ____, mark ____, model_____, chassis No ___ (further referred to as the Vehicle), in accordance with the Vehicle warranty conditions (Annex 1 to the Agreement) and Technical maintenance costs (Annex 2 to the Agreement) and requirements set by the Vehicle manufacturer. In understanding of this Agreement the Services include warranty related technical maintenance work and warranty non-related technical maintenance work.

2. WARRANTY

2.1. The Performer provides the quality of the Vehicle and compliance with quality and operational standards ___ years from the Vehicle delivery day or till __ kilometres travelled.

2.2. Vehicle body anti- rust-through corrosion warranty period is __ years from the Vehicle delivery day.

2.3. Vehicle engine warranty period is __ years from the Vehicle delivery day.

2.4. Vehicle transmission warranty period is __ years from the Vehicle delivery day.

2.5. Vehicle driving axle warrantee period is __ years from the Vehicle delivery day.

2.6. Vehicle technical maintenance interval is ___ kilometres from time of the previous maintenance.

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3. MAINTENANCE SERVICE PROCEDURE

3.1. The Performer provides the Services within the warranty period mentioned in sub clause 2.1 in accordance with Technical maintenance costs.

3.2. The Performer ensures the commencement of the Services not later than within 8 (eight) hours after a reception of the Customer’s request by phone _________, by fax ________ or e-mail _________.

3.3. The Performer ensures the execution of the Services within 5 (five) working days after the reception of request under the procedure in sub clause 3.2 or in accordance with the agreement of the Parties.

3.4. A Performer accepts Customer’s Vehicles for Services in the following technical service place/-s: _______________________ (name of technical service), address and contact information: ____________________, as well as provides also___________________ (specify other kind, for example, the mobile service), address and contact information: _____________________.

3.5. The Performer undertakes, not later than within 2 (two) working days after acceptance of Vehicles in service place, to write and send for approval to the Customer by fax______, by e-mail______ to Customer’s contact person specified in sub clause 9.7 the Service cost estimate, applied discounts, as well as delivery term for individual Vehicle spare parts (not later than ___ working days after approval of the Service cost estimate) and the Service execution date.

3.6. The Performer undertakes to execute delivery of individual Vehicle spare parts within the time period specified in the Service cost estimate and approved by the Customer.

3.7. The Performer undertakes to ensure the Service execution within the time period specified in the Service cost estimate and approved by the Customer.

3.8. The Performer confirms, that the Service costs do not exceed Technical maintenance costs in warranty period, as well as the Service costs, which are not specified in Technical maintenance costs, do not exceed the market price for technical maintenance for the vehicles of concerned marks and models.

3.9. If Customer establishes the Vehicle shortcomings or defects, that are not caused by incorrect operation or as a result of low-quality Service, the Customer has rights within the warranty period mentioned in sub clause 2.1 to submit to Performer a written claim. The Performer eliminates shortcomings and defects at his own expense within 5 (five) working days after the reception of Customer’s claim or in accordance with the agreement of Parties.

4. PAYMENT PROCEDURE

4.1. The Performer issues an invoice for the executed Services according to the properly approved Service cost estimate. In the issued invoice the Performer separately specifies the prices for used parts, material costs, the spent work hours and their price.

4.2. The Customer pays to Performer the invoice sum mentioned in sub clause 4.1 within 15 (fifteen) calendar days after its reception.

4.3. Payment day is considered the day when the Customer makes a transfer on the account specified by the Performer.

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5. THE MUTUAL OBLIGATIONS AND RESPONSIBILITY OF THE PARTIES

5.1 The Performer guarantees, that the Services will be made by the specialists authorized by the Performer and having necessary qualification.

5.2. The Customer undertakes within 3 (three) working days to inform the Performer on objections regarding the Service quality and term.

5.3. During the fulfilment of Services the Performer ensures the presence of the Vehicle in the Performer’s service premises or guarded and lighted parking place in its territory and takes the damage, stealing and destroy risks.

5.4. If the Performer delays terms specified in sub clauses 3.2., 3.3., 3.5., 3.9., the Performer pays for each delayed day a penalty to the Customer in the amount of 0.5% (five-tenths of a percentage) of the sum, that the Customer have to pay for Services in accordance with the bill issued by the Performer. The Customer has right to retain a penalty when executing the next settlement with the Performer.

5.5. If Customer delays the payment term specified in sub clause 4.2, the Customer pays a penalty to the Performer in the amount of 0.5% (five-tenths of a percentage) of the sum not paid timely, for each day of delay.

6. FORCE-MAJEURE



6.3. The Parties agree, that if the force-majeure circumstances arise, the Party who invoke them, should report to other Party in writing form not later than within 5 (five) calendar days from the arise or commencement of these circumstances (written notice), but the documents or other proofs, which clearly indicates the force-majeure circumstances, shall be submitted to other Party not later than within 14 (fourteen) calendar days from the date when written notice is sent or presented.

6.4. The Parties agree, if the Party, which later relates to the force-majeure circumstances, failed to observe the abovementioned procedure of submitting notices and proofs , its declarations are not considered as adequate to force-majeure circumstances.

7. SETTLEMENT OF THE DISPUTES

7.1. All disagreements and disputes which may arise from the present Agreement are to be solved by negotiations.

7.2. In the case of disputes the Parties can invite an expert. Expert decision is binding to the Parties, and the expenses connected with expert are covered by the guilty Party.

7.3. If the Parties cannot come to an agreement the disputes are settled in the court of the Republic of Latvia in accordance with normative acts of Republic of Latvia.

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8. VALIDITY OF THE AGREEMENT AND ITS TERMINATION

8.1. Agreement comes into force from the date of its mutual signing and is valid till the full implementation of obligations.

8.2. The Customer has the right to terminate this Agreement by unilateral declaration, if:

8.2.1. a court sentence has become in force for the Performer recognition as insolvent;

8.2.2. the Performer violates conditions mentioned in clause 3 and sub-clauses 5.1 and 5.3.

8.3. In the cases specified in clause 8.2 of the Agreement the Agreement is considered as terminated on the 7 (the seventh) day after the notification of the resignation (registered mail) is sent. In this case the Seller pays penalty specified in Agreement and compensates all incurred losses.

8.4. The agreement can be terminated before its expiration upon the mutual written consent of the Parties.

9. OTHER CONDITIONS

9.1. The Agreement conditions can be amended upon the mutual agreement of the Parties by drawing up in written all amendments, corrections and supplements to the Agreement. They should be added to the Agreement as annexes and they become an integral part of Agreement.

9.2. None of the Parties without agreement of the other Party shall transfer to the third person its obligations set by Agreement.


9.4. If any of Parties has changed its legal status, signature rights of Parties’ officials or details of the Parties mentioned in the Agreement, telephone, fax numbers, email addresses, addresses, etc., then it shall immediately give a written notice to the other Party. If the Party fails to fulfil the conditions of this sub clause, it is considered that the other Party has fully executed its obligations by using the information contained in this Agreement on the other Party. The conditions in this sub clause shall also apply to the representatives of the Parties and their details mentioned in this Agreement and its annexes.

9.5. Reorganization of the Parties or change of their managers can not be the basis for suspension or termination of the Agreement. In case when any of Parties is reorganized or liquidated, the Agreement remains in force and its conditions are binding to the successor of Parties’ rights. The Performer warns the Customer for the commencement of such circumstances one month beforehand.

9.6. Correspondence relating to the Agreement implementation is provided in written form in Latvian to the addresses of the Parties specified in this Agreement, and is considered as received: 1) if sent by registered mail, then in notification on mail service or on the seventh day after transfer of mail (postal stamp), in the case of doubts, sender shall prove, when a mail was posted. If an addressee claims that he has not received posted mail he must motivate it mentioning the credible reasons; 2) if transferred in person against a signature – on a day, when they are delivered to the recipient. 3) through the fax with appropriate receipt approval; 4) if sent by e-mail, with proper receipt of reports at the moment of receipt. The Parties undertake, in the

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duration of the Agreement, to provide access to correspondence set to the addresses specified in the Agreement and assume all risks in connection with any correspondence receipt difficulties or impossibility.

9.7. Contact person from the Customer’s side - _________________________________.

9.8. Contact person from the Performer’s side - _________________________________.

9.9. If any of the Agreement clauses for any reason losses its force, it does not affect the other conditions of this Agreement and other Agreement clauses remain in force.

9.10. The Agreement is prepared in 2 (two) identical copies on ____ pages with 2 (two) annexes in Latvian, one copy to each Party, and both Agreement copies have equal legal force. The Customer and the Performer agree to all Agreement conditions and by its signing confirms, that understand its conditions.

10. DETAILS OF THE PARTIES

Buyer: Seller:

________________________ ____________________

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DELIVERY-ACCEPTANCE ACT

<Place >, <date><month><year>

Buyer Payer Seller


The legal address: The legal address: 19 Elizabetes St., Riga, LV-1010

The legal address:

Registration number: Registration number: 90001733697

Unified registration number:

Bank: The TreasuryBank code: TRELLV22Account: LV12TREL258002K220100


Municipality is represented by <position>

A buyer is represented by a director

A seller is represented by <position>

<Name, surname> Māris Krastiņš <Name, surname>

Who acts in accordance with <base of the representation>

Who acts in accordance with the Regulations of the Cabinet of Ministers of 31 March 2009 No 288 „Regulation of the State Regional Development Agency”

Who acts in accordance with <base of the representation>

1. In accordance with Purchase agreement of <date><month><year> No <number> for supply of school buses to municipalities the Seller delivers and the Buyer accepts in the Payer’s presence the following Product (without an optional equipment, if appropriate): mark ____, model ________, vehicle registration number ______, unit price, incl. VAT _____, the total amount _____, the total sum ______.

2. In accordance with Purchase agreement of <date><month><year> No <number> for supply of school buses to municipalities the Seller delivers and the Buyer accepts in the Payer’s presence the following documentation related to the Product:

No Document name Product, which the concerned document is related with, identifying

data

Other remarks

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Buyer Payer Seller

________________________

M.Krastinš

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Annex 11 to the Terms of RefrenceID No VRAA/2009/34/AK

State Regional Development AgencyRegistration No 90001733697

19 Elizabetes St, Riga, LV-1010

AGREEMENT FUNDING SECURITY

Purchase agreement for supply of school buses to municipalities funding security (Procurement id.No VRAA/2009/34/AK)

<Place >, <date> <month><year>

We, <Bank title, registration number and address>, within 15 days from the day of reception of a written request from the State Regional Development Agency (further referred to as – Agency), saying that

<Contractor’s title><registration number><address>(further referred to as Contractor) delays the fulfilment of the consequential obligations of Purchase agreement for supply of school buses to municipalities (further referred to as an Agreement) more than 20 (twenty) working days or renounces from the Agreement execution, indicating what a Contractor does not have executed,

irrevocably undertake to pay any sum or sums, demanded by it, and in total not exceeding 30% of the total agreement sum, i.e. <sum in figures> LVL (<sum in words> lats), to the Agency not asking for justification of its request, making payment to the bank account given in the request.The Agency request should be sent to us on the beforehand specified address not later than as on the date of the Guarantee ends - <date><month><year>.The signature of the person signing the request should be notary certified or request should be submitted through the intermediary of the bank serving the Agency. In this case the bank certifies the signature of the person, who signed the request.

The Uniform Rules of the International Chamber of Commerce for the demand guaranties No 458 („The ICC Uniform Rules for Demand Guaranties”, ICC Publication No.458), as well as valid normative acts of the Republic of Latvia are applicable to this guarantee. All disputes incurred in respect to the tender security are considered in the court of the Republic of Latvia according to the normative acts of the Republic of Latvia.

<Authorized signatory’s position, name and surname>

<Authorized signatory’s signature>

<Bank seal>

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TIME SCHEDULE OF PRODUCT DELIVERY

Product mark and model Amount Date

place date

position signature officer’s name, surname

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