A bank guarantee or standby (Bid bond Guarantee or Bid bond SBLC), issued by the Bank, rating of which at the classification of one of the world's leading rating companies (Fitch IBCA, Standard & Poor's, Moody's) corresponds to the requirements of first-class banks (above investment grade).
Guarantee or standby should provide the following cases:
The amount of the guarantee or standby is 500 000,00 USD.
Guarantee or standby should be in English.
Guarantee or standby is issued by SWIFT with advising through Ukrexsimbank (EXBSUAUX). A paper copy of A paper copy of the relevant SWIFT should be added to the proposal.
The period of validity of the guarantee or standby to 10.06.2017 p. (inclusive).
All the costs for registration of a guarantee or a standby at the expense of the participant.
Guarantee or standby should meet the form below.
TENDER SECURITY FORM
FORM OF BANK GUARANTEE / STANDBY LC
Type of [Guarantee / SBLC]: Bid bond
Number of the [Guarantee / SBLC]: (..)
The [Guarantor / Issuer]: (..)
The Applicant: (..).
The Underlying Relationship: Tender Documentation for the open procedure (..)
The [Guarantee / SBLC] amount and currency: (..)
Language of any documents under the [Guarantee / SBLC]: English.
Form of the presentation: paper form by any mode of delivery.
For the purpose of identification, the beneficiary’s bank shall confirm authenticity of the Beneficiary’s signature on the demand by the authenticated swift message sent to the [Guarantor’s / Issuer’s]
Place of the presentation: (..).
Expiry: (..) [validity of the tender + 30 days]
The party liable for payment of any charges: Applicant.
At the request and for the account of the Applicant, we, as the [Guarantor / Issuer], hereby irrevocably undertake to pay the Beneficiary any amount up the [Guarantee / SBLC] amount, upon presentatin of the Beneficiary’s complying demand in the Form of the presentation indicated above stating that the Applicant is in breach of its obligations under the Underlying Relationship, particularly:
+ the Applicant has withdrawn its bid within the validity of the tender; or
+ the Applicant has been nominated as successful bidder, but has failed or refused to sign the contract.
Any demand under this [Guarantee / SBLC] must be received by us on or before Expiry at the Place of presentation indicated above.
[This Guarantee is subject to URDG758, ICC publication. / This SBLC is subject to ISP98 / UCP600, ICC publication.]
4. The terms of return or non-return of offer security.
As per Section 12 of the Procedure of procurement of goods, works and services of PJSC "Ukrgasvydobuvannia".
5. Offer validity.
Proposals are considered to be valid for 90 days from the date of the proposals opening. Before the end of this period the customer has the right to request the prolongation of term of proposals validity.
6. Qualifying criteria and requirements for participants.
Qualifying criteria and requirements for participants are specified in Annex 1 to documentation.
The list of documents confirming qualification and requirements is specified in Annex 1 to documentation.
7. Information about required technical, qualitative and quantitative characteristics of the subject matter of procurement.
- Information about required technical, qualitative and quantitative characteristics of the subject matter of procurement is specified in Annex 3 to documentation.
In the qualifying offer participants should provide the documents confirming the compliance of the proposals with technical, qualitative, quantitative, and other requirements for the subject of procurement established by the customer.
8. Description of individual part (parts) of the subject matter of procurement, for which offers can be submitted.
9. Amending or revocation of the offer by the participant.
The participant has the right to amend or withdraw its proposal before the end of the term of its submission without losing proposal security. Such changes or statement of revocation of the offer are taken into account if they are received by the customer before the end of the term of submission of proposals.
Chapter 4. Submission and tear opening the offers
Proposals to purchase procedures, obtained by the customer after the expiration of their views are not accepted.
- the way of offers submission: Personally or through an authorized representative or by courier -"personally in hands”.
- place of submission: 04053, Kyiv, Kudravska, 26/28, office 904, procurement organization division, phone +38 (044) 461-27-14, 461-27-11 .
- deadline of submission (date, time): Deadline: 10.04.2017, before 16.00.
2. Place, date and time of the procurement procedure offers tear opening on the 1st stage:
- place of opening: 04053, Kyiv, Kudravska, 26/28, Conference or meeting room.
- date and time of opening: 11.04.2017, at 10.30.
At the first stage the customer is open the proposals of the participants. Envelopes with price are not opened.
By results of the opening of the envelopes with the qualification offer the appropriate protocol is formed with information about the submitted proposals, the name address and location of the participant, as well as other information. The protocol of opening of envelopes with qualification offers is not published on the website of the customer.
In the frame of the first stage the customer considers the qualifying offer of the participants in conformity with the requirements in the documentation of the procurement in accordance with the instructions of the pre-qualification for selection of the contractors (which is available on the website of the company www.ugv.com.ua in Chapter "Procurement»). The goal of the first stage - admitting to further participation in procurement of proposals meeting the requirements of documentation and reject the other as unacceptable. The customer has the right to apply to the participants for clarification of the content of their proposals.
The first stage should be completed within 21 working days after deadline of qualifying proposals. The term of consideration of the proposals may be extended for no more than 10 working days. The decision on extension of terms of consideration of qualifying proposals is drawn by the bidding Committee's decision.
By results of the first stage the bidding Committee makes decision about admission of the participants to the second stage of the procurement or rejection of admission according to the criteria of the qualification selection and define the date of the second stage (reduction). The bidding Committee's decision is documented by appropriate protocol.
Notice about the place, date and time of the second stage is published on the website of the customer and shall be sent by fax or email to the address of the participants admitted to 2nd stage no later than 5 working days before the date of the second stage.
Autorised representatives of the participant that received the message must register to participate in the procedure of price offers opening before the date of the second stage. They must provide the following documents to the customer:
- all filled pages of the passport or other document proving the identity certified by participant as well as provide the original of such document for review;
- the document autorising the representative on behalf of the participant to be present at the procedure of opening to sign the Protocol of results of opening procedure and declare or reduce the proposal’s price (power of Attorney or other document ).
The opening protocol signed by members of the bidding Committee and participants who were present at the procedure.
3. Estimated time of start of reversed auction (2nd stage):
- date and time of price offers opening: is published on the website of the customer and shall be sent by fax or email to the address of the participants admitted to 2nd stage no later than 5 working days before the date of the second stage.
At the second stage the envelopes with price offer of participants admitted by bidding Committee decision to the second stage are opened. Envelopes with price offer of participants that by the bidding Committee's decision was not allowed to participate in the second stage, are not opened. Price offer opening is held in the presence of representatives of the participants who admitted to the second stage. The lack of an authorized representative of participant during the procedure is not a reason for refusal in it offer opening.
Disclosure of the price offers is made at the time and place indicated in the notice about the second stage of the procurement procedure. Customer opens envelopes with price offer of participants and announces their price and proposes to the authorized representatives of the participants begin reducing the price of the subject of procurement or lot.
In case calculation of the present value of participants offer after their disclosure and announcement the Customer has the right to transfer the procedure price reduction of the subject of procurement to the next day after the day of the price offers disclosure. In this case the initial price of the offer is indicated in disclosure protocol. The disclosure Protocol is signed by members of the bidding Committee and participants were present. The next day the procedure of price reduction (auction) is carried out taking into account present value calculations.
The starting price for the procedure of reduction is considered to be the lowest price of the disclosed proposals. Representatives of the participants confirm their consent to the reduction of price offers by raising his hands and announcement the new price. If, after the triple announcement of final price none of the participants suggested new prices, the procurement procedure is stoped.
The initial and final price of proposals is specified in opening (reduction) protocol. Protocol of opening (reduction) is signed both by the bidding Committee's members and participants that were present.
The participant with the lowest price should provide a new price offer for the amount not more than recorded in the protocol on the subject of procurement as a whole or for each lot separately within 3 business days.
The period from the day of opening (reduction) to acceptance of the lowest price offer must not exceed 21 business days.
Chapter 5. The winner definition
The winner is determined by decision of the bidding Committee by the lowest price (with VAT) at equal status of taxpayers or (without VAT) at different status taxpayer of participants or by results of the present value calculation, if such a calculation was used in the procurement procedure.
The customer has the right to ask for confirmation of the information provided by the participant to public authorities, enterprises, institutions, organizations, according to their competence.
In case of reliable information about his inconsistency to qualification requirements, presence of the grounds specified in the documentation of the procurement procedures, or the fact of indication in the offer any false information that is important in determining the results of the procurement procedure, the customer declines the offer of such participant.
The winner proposal acceptance is specified in protocol.
The notice about the winner of procurement procedure is published on the website of the customer within three working days from the day of acceptance.
2. Offer rejecting.
The customer reject the offer if:
- the participant’s offer does not meet the qualification requirements, including the technical and qualitative characteristics of the subject of procurement (lot) established by documentation of procurement procedures;
- the participant’s offer does not meet requirements established by documentation of procurement procedures;
- the participant doesn’t provid offers security, if such security was required by the customer;
- The participant has provided a written refusal from participation in the procurement procedure;
- offer is submitted by the participant which is associated person with the other participants of the procurement procedure;
- the participant doesn’t conducts economic activity in accordance with the provisions of its Charter;
- after the second stage (reduction) the customer appealed to the participant with the most economically advantageous offer for confirmation of information provided, and the participant has not provided documents or information in the specified period;
- the participant is entered in Blacklist.
3. Procurement procedure cancellation by the customer
The customer cancels the procurement in case of:
- lack of financing or need in procurement of goods, works and services;
- submission of less then two offers in procurement procedure;
- the price of the most advantageous offer exceeds the amount stipulated by the customer for financing of the procurement;
- if to the second stage (reduction) after first stage (qualification) less than two participants were admitted;
- not making a decision regarding acceptance of offer of participant who was participated in the procedure;
- unconclusion of the contract by results of procurement procedure;
Procurement procedure can be cancelled partly (by lots).
4. Other information
The prices are specified taking into account the requirements specified in item 6 of Chapter 1 of this documentation taking into account the value added tax and the cost of other expenses necessary for the implementation of the agreement, on the conditions determined by this documentation.
Participant specifies price including all costs relating to the goods until the moment of its delivery in accordance with the terms of this documentation, including travel expenses, as well as all duties, taxes and other fees are payable at export of goods and which is need to transit shipment through any country prior to its delivery. The cost of customs procedures in the country of import are paid by participant.
Chapter 6. Conclusion of the contract
1. Terms of the contract conclusion
The customer enters into a contract with the participant an offer of which was accepted not later than twenty one business days from the date of acceptance.
2. The draft contract or the basic conditions which necessarily included to the contract
The draft contract for procurement is specified in Annex 4 to this documentation.
3. The actions of the customer in case of refusal of the bidding winner to sign a contract
In the case of a written denial of the winner of procurement procedure to sign a contract in accordance with the requirements of the procurement procedure documentation or not signing a contract by fault of the participant within the time limit determined by this documentation the customer may determine the most economically advantageous offer of procurement procedure from those the period of validity of which has not expired, and makes a contract with him no later than 21 business days from the day of repeat definition of the winner.
5. List of documents for the winner, necessary for the contract conclusion
At the conclusion of the contract the winner provides the following documents:
A copy, certified by the winner:
а). the Charter, the Foundation/memorandum, the decision about the formation of the entity;
b). An original or a copy of an excerpt from the Registry of VAT or Unified Tax Payers (except for the entities that are non-residents of Ukraine);
c). a document confirming the authority of the person who signs the Contract (Passport and a copy of the order or a copy of a power of Attorney, or a copy of the decision of the supreme body of the legal person, or any other document confirming the right of such person to sign the contract);
d). extract/ certificate from the unified State Register of legal entities and private persons-entrepreneurs;
e). certificate of registration of the taxpayer in the TAX INSPECTION or certificate of payer;
f). Participant’s balance statement for the latest reporting period;
g). permission to perform certain activities, if such permission is necessary according to the current legislation for a certain type of activity (license, patent, certificate, etc.);
h). certificate from the Bank about opening of current account for the details specified in the contract;
і). certificate from the Bank about the lack (presence) of overdue indebtedness on loans, which must be dated no earlier than the last day of the quarter preceding the publication of the announcement about the bid;
j). certificate from STATE TAX INSPECTION about absence of indebtedness to the budget on the required taxes and fees, which must be dated no earlier than the last day of the quarter preceding the publication of the announcement of the bid;
k) certificate from public body about absence of bankruptcy proceedings and no decision on bankruptcy;
l). information about the actual location of the contractor and the phone numbers of the head and chief accountant or person who performs its function;
m). for State and municipal enterprises, institutions and organizations that provide services perform work for a company instead of the documents provided by items above, the certificate signed by the head of such an enterprise, institution or organization may be provided with these issues.
Chapter 7. Blacklist.
1. Inclusion into the Blacklist of participants.
The customer compile the Blacklist of unscrupulous participants. The inclusion of participants into the Blacklist is made by decision of the customer.
The information about unscrupulous participants is intered into the Blacklist for a period that may not exceed one year. Blacklist is published on the website of the customer. Reasons for inclusion of unscrupulous participants into the Blacklist are as follows:
- if participant anreasonably refused to sign the contract;
- participants with whitch the contracts was terminated in connection with significant violations of contract terms by them;
- committed disapproving and anti competitive concerted actions;
- violated the agreement about protection of confidential information;
- provided any false information in the proposals.
- breaches of obligations under the concluded Contracts.
1. Documents that are not required by law from participants who are physical entities, including individual entrepreneurs, are not required for submitting as a part of the procurement proposal package.
2. Participants who are non-residents, in order to meet the requirements listed in the Annex 1 of the procurement documentation, shall provide the documents required by law of the country they are registered in. All such documents must be provided with certified translation.
Договір з членом наглядової ради публічного акціонерного товариства "страхова компанія "євроінс україна"
Публічне акціонерне товариство «Кредитпромбанк» 38, бульвар Дружби народів, 01014 м. Київ, Україна
«Ukrgasvydobuvannya», represented by commercial director Sergey Fedorenko, acting on the basis of the Power of Attorney №2-406d dated...
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