. General Provisions
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Terms used in competitive bidding documentation
| Documentation competitive bidding designed to meet the requirements of the Law of Ukraine "On public procurements" of 06.01.2010, (hereinafter Law). Terms used in this documentation competitive bidding in the values used by the Law
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2. Information about the customer trades
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full name
| Public Corporation “Mykolayivoblenergo” Power Supply Company
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location
| Mykolaiv region. Nikolaev Gromadyans'ka Str., 40, 54017
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customer officer, responsible for communication with participants
| Bondarenko Dmytro Volodumurovich? Tender group economist
Gromadyanska Str., 40, office 119
Mykolayiv,
Mykolayiv region
54017
Tel. (05, e-mail: *****@*** |
3. Purchase Information
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name of procurement subject
| Liquid petroleum refining (Branch code 23.20.1)
petrol, diesel fuel
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type of procurement subject
| Lot number 1: transformer oil T-1500 or equivalent, Lot number 2: fuel for cars, Lot number 3: avtomasla in stock |
location, quantity, volume of supply of goods
| Mykolayiv,
Lot number 1: 20 tons of Lot number 2: l Lot number 3: 10 800 l |
terms of delivery of goods
| February - December 2011
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4 Procurement procedure
| open tender
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Non-discrimination of participants
| local and foreign players participating in the procurement procedure on equal terms
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6. Information about the currency (currency) in which (which) must be calculated and indicated the offer price competitive bidding competitive
| bidding proposals currency is hryvnia
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7. Information about the language (s) used (which) should be made competitive bidding proposals
| during the procurement of all documents prepared by the customer, are taught in Ukrainian, as well as for customer solutions at the same time all documents may be authentic translation into another language. Is the crucial text in Ukrainian language.
In the cases provided for in paragraph four of Article 10 of the documents on customer purchase procedure stipulated in this Law, taught in English and Ukrainian. Texts must be authentic, to its text, written in Ukrainian.
All documents relating to competitive bidding offers participants must be written in Ukrainian or Russian, as in the case of these documents in a foreign language, they must be translated into Ukrainian or Russian. Translation must be certified interpreter's signature and seal of the tenderer or certified by a notary (at party).
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ІІ. Amendments and clarification to the documentation of competitive bidding
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1 The procedure for clarification of the documentation competitive bidding
| partner who has received documentation competitive bidding may not later than 10 calendar days before the expiration of deadlines competitive bidding apply to the customer for clarification regarding the documentation of competitive bidding. Customer must explain to the request within three calendar days after receipt of all persons who have been given documentation of competitive bidding.
The customer is entitled to his own initiative or as a result of requests to amend documentation competitive bidding by extending the deadline for disclosure and competitive bidding offers no less than seven calendar days and notify in writing within one business day from the decision on making these changes all persons which was published documentation of competitive bidding.
In case of late submission of the customer documentation clarifications on the content of competitive bidding or late modifications employer must extend the deadline for disclosure and competitive bidding offers no less than seven days and notify all persons who were issued documentation competitive bidding.
This information is published by the customer in accordance with Article 10 of the Law.
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2. The order of the meeting to clarify requests for documentation of competitive bidding
| In case the meeting to clarify any queries regarding competitive bidding documentation the employer must provide protocol of such fees set out in it all the explanations for the query and sends it all persons who have submitted documentation of competitive bidding, regardless of their presence at the meeting.
This information is published by the customer in accordance with Article 10 of the Law.
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ІІІ Draft proposals for competitive bidding
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1 . Design of competitive bidding offers
* This requirement does not apply to members who operate without a seal in accordance with applicable law, except the originals or notarized documents issued by other member organizations (companies, institutions).
Original documents issued by other member organizations (companies, institutions) may not contain the signature of authorized official seal of the participant and the participant.
| - 1.1. Offer competitive bidding is in writing signed by an authorized official of the party, stitched, numbered and sealed * in a sealed envelope.
1.2. Participants of the tender may submit only one offer competitive bidding.
1.3. Participants of the tender may submit proposals as competitive bidding for procurement subject and object to certain parts procurement.
1.4. All pages offer competitive bidding party procurement should be numbered (both sides) and be signed by an authorized official party procurement and seal * (on both sides, containing text or labels).
The power to sign documents offer competitive bidding procurement participant confirmed extract from the minutes of the founders, the Commission, power of attorney, proxy or other document confirming the authority of an official party to sign documents relating to the procurement procedure.
1.5. Trade and technical supply of competitive bidding, prepared in accordance with paragraph 2 of section III of this document competitive bidding, are made separately for each lot and must be individually stitched, numbered, stamped and signed by participant or authorized representative and be marked: "Commercial Part" , "Technical part" (note the name must purchase subject classification code, number and name of the lots, which participates).
Qualifying part, prepared in accordance with paragraph 2 of section III of this document competitive bidding on all lots are drawn together and should be stitched, numbered, stamped and signed by participant or authorized representative and be marked: "Qualification of" (note the name must procurement subject classification code, number and name of the lots, which participates).
1.6. Qualification of the technical proposals and competitive bidding participants have a register of the documents.
1.7. Offer competitive bidding (commercial, qualification, technical parts and ensure competitive bidding proposals, prepared in accordance with paragraph 2 of section III of this competitive bidding documents) in a sealed envelope, which in places contain adhesive seal member procurement *.
On the envelope should be noted (sample shown in Appendix 5 of this competitive bidding documentation):
- Full name and location of the customer;
- The name of the subject procurement in accordance with the announcement of public bidding (member specifies the name of procurement subject classification code, and the names of those lots, which submits its proposal);
- Full name (full name) party procurement, its location (residence), identification code, contact telephone numbers;
- Label: "Do not open to 26.01.2"
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2 Contents offers competitive bidding party offer
| Competitive bidding, which is a member of the procurement procedure shall consist of:
- Commercial area;
- Qualifications part;
- The technical part;
- Ensuring the supply of competitive bidding (original guarantee issued by a banking institution).
Commercial part should consist of:
- Pricing and other information prepared in accordance with Annex 1 of this documentation competitive bidding.
Qualifying part shall consist of:
- Documents confirming the powers of an official or representative of a participant to sign procurement deals competitive bidding documents (list of required documents listed in Annex 2 of this documentation competitive bidding);
- Documented information about their compliance with eligibility criteria (list of required documents listed in Annex 2 of this documentation competitive bidding);
- Other information (list of required information specified in Annex 2 of this documentation competitive bidding).
Documented proof of compliance of participants established qualification criteria and other requirements of the customer is to provide the documents listed in Annex 2 and competitive bidding documents issued under this competitive bidding documentation.
Technical part should consist of:
- Information on the necessary technical, qualitative and quantitative characteristics of procurement subject including relevant technical specification (if necessary (plans, drawings, pictures or description of the procurement) and documentary evidence, compiled in accordance with paragraph 7 of Section III of this documentation competitive bidding.
Providing Competitive Bidding proposals shall include:
- Document confirming the proposal of a member of competitive bidding, which is issued and granted in accordance with paragraph 3 of Section III of this documentation competitive bidding.
Lack of documents provided in this paragraph and the relevant annexes of the competitive bidding documents shall be regarded as non-compliance offers competitive trading conditions of competitive bidding documents.
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3. Ensuring competitive bidding proposal
| 3.1. Size of offers competitive bidding:
122 600,00 hrn. (One hundred and twenty-two thousand six hundred hrn, 00.).
3.2. Types of proposals competitive bidding:
- Warranty (presented as a source warranty issued by a banking institution).
3.3. Validity of offers competitive bidding:
90 calendar days after the bid opening competitive bidding.
Original guarantees issued banking institution, is in general envelope offers competitive bidding party. Copy of guarantee issued by the banking institution must be a member seal and signature of authorized person and the participant is provided in the qualifying offer of competitive bidding.
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4. Terms of returning or not returning to ensure competitive bidding proposal
| 4.1. Customer returns of party offers competitive bidding within 3 business days from the day the reason for the return of proposals competitive bidding if:
- Expiry of competitive bidding proposals mentioned in the documentation of competitive bidding;
- The purchase agreement with the party that won the competitive bidding;
- Withdrawal of competitive bidding proposal before the expiry of its submission;
- End of the procurement procedure if neukladennya purchase agreement with any of the participants who submitted offers competitive bidding.
4.2. Methods returning participants of the tender offer of competitive bidding (original guarantee issued by a banking institution):
- Mail;
- Personally (participant is entitled to ensure competitive bidding proposals in person at the customer. However, the person entitled to receive support, must have a power of attorney from the participant to receive it and identification).
4.3. Providing Competitive Bidding proposals will not be refunded if the customer:
- Withdrawal of offers competitive bidding party after the expiration of its submission;
- Nepidpysannya party that won the bidding, purchase agreement;
- Failure to enforce the winner of the auction purchase agreement after accepting his offer of competitive bidding (on request).
Funds received as collateral offers competitive tendering (in case they are not returned to the participant), calculated at the expense of the enterprise.
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5. The period during which the offers are valid
| Competitive Bidding Offers are valid for 90 calendar days after the bid opening competitive the end of this period the customer is entitled to demand from participants suggests extension of competitive bidding.
Member is entitled to:
- Reject such a requirement, without losing the support given him offers competitive bidding;
- Accept the request and extend the term of his proposals submitted competitive bids and offers of securities competitive bidding.
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6. Qualifying criteria for the participants
| . 6.1. According to Article 16 of the customer sets the following qualification criteria:
- Availability of equipment and logistics;
- Availability of appropriate skills of employees who have knowledge and experience;
- Availability of documented experience in executing similar agreements;
- Availability of financial capacity.
6.2. According to Article 17 of the customer makes the decision to refuse a participant in the participation in the procurement procedure and must overrule the competitive bidding participant, if:
1) he has irrefutable evidence that the party offers, gives or agrees to give, directly or indirectly, any official of the customer, another state agency compensation in any form (offer of employment, a valuable thing, service, etc.) to affect the decision on the winner procurement or use of customer specific procurement procedure;
2) The member has been brought under the law to liability for a public procurement corruption offenses;
3) revealed the involvement of a participant in the conspiracy;
4) an individual who is a member, was convicted of offenses related to abuse the procurement procedure, or any other crime committed with mercenary motives, of which no record is cleared or canceled in the manner prescribed by law;
5) official (official) person party, that party is authorized to represent him during the procurement has been convicted of a crime involving a violation of procurement procedure, or other crime committed with mercenary motives, of which no record is cleared or not repaid in accordance with the law;
6) proposal submitted by participants competitive bidding procedures for procurement, which is a related entity from the other members of the procurement procedure;
7) participants not given the documents confirming the legality of the purchase agreement;
8) participant recognized legally bankrupt and his relatively open liquidation procedure.
6.3. The customer may decide to refuse a participant in the participation in the procurement procedure and can overrule the competitive bidding participant, if:
1) member in arrears of taxes and duties (mandatory payments);
2) the member conducts business activities in accordance with the provisions of its charter.
6.4. For confirmation of compliance specified eligibility criteria and requirements under the legislation of member within its offer competitive bidding provides documents and information listed in Annex 2 of this documentation competitive bidding.
6.5. Customer has the right to seek confirmation of information provided by participants to the state bodies, enterprises, institutions and organizations according to their competence. If you receive accurate information about its inadequacy qualification criteria, the conditions specified in Article 17 of the Act, or the fact of attribution in the supply of competitive bidding for any incorrect information which is essential in determining the results of the procurement procedure, the customer rejects the offer of competitive bidding such participant.
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7. Information on the necessary technical, qualitative and quantitative characteristics of the subjects of purchase
| 7.1. Participants must provide the procurement procedure within the technical parts of proposals competitive bidding documents confirming compliance with competitive bidding offers participants technical, qualitative, quantitative and other requirements in the subject of purchase, the customer (Annex 3 of this documentation for competitive bidding).
7.2. Documentation of goods under competitive bidding requirements of the documentation provided in the form:
- Filled QUESTIONNAIRE (Appendix 4 of this documentation competitive bidding);
- Information on the application of measures to protect the environment during production of the proposed product / during the purchase agreement (the information submitted in any form and must be stamped and signed by the party member, or authorized representative member);
- Other documents in accordance with the requirements set out in this competitive bidding documents and annexes.
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8. Description of individual parts (parts) of the subject procurement (lot), for which proposals may be submitted to
| liquid petroleum refining (Branch code 23.20.1):
Lot number 1: transformer oil T-1500 or equivalent,
Lot number 2: fuel for cars
Lot number 3: avtomasla in the range.
Business, qualifications and technical proposals of the competitive bidding party prepared in accordance with paragraph 1 and paragraph 2 of section III of this document competitive bidding.
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9. Amend or withdraw offers competitive bidding party
| participant has the right to amend or withdraw its offer competitive bidding before the expiry of its filing without the loss of its competitive bidding proposals. Such changes or statement of withdrawal proposals included in competitive bidding when they are received by the customer before the expiry of submission of competitive bidding.
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IV. Submission of the bid opening and competitive bidding
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1. Method, place and deadline for submission of competitive bidding:
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way of competitive bidding proposals
| by mail or personally
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place for submitting proposals of competitive bidding
| Gromadyanska Str., 40, office 119
Mykolayiv,
Mykolayiv region, 54017
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deadline for submission of competitive bidding (date, time)
| 26/01/2011, before 08.40
Offers competitive tenders received by the customer after the expiration of the submission, are not disclosed and returned to the participants that submitted the proposals.
At the request of member customer within one business day after receipt of confirmed receipt of the request suggests competitive bidding with the date and time.
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2. Place, date and time of bid opening competitive bidding
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place the bid opening competitive bidding
| Gromadyanska Str., 40, Assembly Hall administrative building
Mykolayiv,
Mykolayiv region, 54017
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date and time of bid opening competitive bidding
| 26.01.2011 at 14.50.
To participate in the procedure for disclosing customer offer competitive bidding allowed all participants or their authorized representatives. Lack of participant or his authorized representative during the procedure of opening offers competitive bidding is not a ground for refusing to disclose whether the proceedings or to reject his offer competitive bidding.
Credentials of representatives of the participants confirmed an extract from the minutes of the founders, the Commission, power of attorney or proxy.
For proof of identity such representative must present a passport.
During the opening of competitive bidding proposals examined the presence or absence of all necessary documents required documentation, competitive bidding, and announced the name and location of each participant, each offering price competitive bidding or procurement of the subject (lots). This information is brought to the bid opening minutes of competitive bidding.
Minutes bid opening competitive bidding is the day of the bid opening competitive bidding approved by the Ministry of Economy of Ukraine.
Minutes bid opening competitive bidding committee members signed with competitive bidding and participants involved in the bid opening procedure of competitive bidding.
Signed by the Chairman of the competitive bidding and sealed copy of the minutes of the customer disclosure offers competitive bidding is any party at its request within one business day after receipt of such request.
Minutes bid opening competitive bidding published in accordance with Article 10 of the Law.
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V. Evaluation of proposals competitive bidding and winner determination
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1. The list of criteria and evaluation technique offers competitive bidding, indicating the ratio of criterion
| 1.1. Customer has the right to appeal to participants to clarify the content of their proposal competitive bidding in order to facilitate review and evaluation of proposals.
Customer and partners may not initiate any negotiations on changes to the content or prices submitted proposals competitive bidding (including Paragraph 2 of section V of this documentation competitive bidding).
1.2. Evaluation of bids shall be based on one criterion: price.
1.3. Evaluation is conducted according to the following method:
Ranking method.
All proposals are evaluated as follows: offer value criterion is the most cost effective and gets a higher rank. Is economically beneficial and supply, which is the lowest price.
1.4. In the case of the same rank value, the winner is determined by voting members of the Committee on competitive bidding by a simple majority vote. If the results are equally divided vote, a casting vote is Chairman of competitive bidding.
1.5. Due to the fact that the obligation imposed on the customer's VAT of 20% and for choosing the most advantageous offer competitive bidding when one or more participants are not subject to VAT, the price proposals for evaluation are taken without VAT.
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2 Correction of arithmetic errors
| 2.1. Customer has the right to correct arithmetical errors in arithmetic result of actions identified in the submitted proposals competitive bidding during its assessment, subject to the written consent of the member who submitted the proposal to competitive bidding.
2.2. Errors are corrected by the customer, provided written consent to the relevant party is correct, as follows:
a) when the difference between the amounts mentioned in letters and figures, the amount of letters is crucial;
b) at a price discrepancy between unit price and total price obtained by multiplying the price per unit of quantity, unit price is decisive and total price corrected. If, in view of the customer, in the unit price is a clear shift decimal allocator in this case is the final price is crucial, and the unit price corrected.
2.3. If the participant disagrees with the correction of arithmetic errors, its proposal rejected by competitive bidding.
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3. Other information
| 3.1. . The participant determines the prices of goods it offers for the supply contract, including taxes and fees paid or payable, other expenses.
In competitive bidding proposal prices are per unit product, which is available to supply, the cost of each item based on the quantity specified in the technical requirements (Appendix 3 of this documentation competitive bidding), and finally output the final offer price competitive bidding.
Price per unit product inclusive of VAT and VAT should be no more than two decimal places without rounding.
Competitors are responsible for obtaining any and all necessary permits, licenses, certificates (including export and import) of goods, which offer a supply contract, and other documents relating to the submission of a competitive bidding and shall bear its own costs all to receive them.
Participants' costs associated with the preparation and submission of proposals competitive bidding shall not be compensated (including in case of cancellation of trading or finding them as not having occurred).
3.2. Customer throughout the process of procurement ensures the confidentiality of information provided by participants. Information on the Review and Evaluation of competitive bidding is restricted to the Commissioner authorities, carrying out state regulation and control in procurement, organ appeal and the court.
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4. Diversion offers competitive bidding
| 4.1. Customer rejects the offer of competitive bidding, if:
1) Participant:
- Does not meet the qualification requirements of Article 16 of this documentation and the requirements of competitive bidding;
- Does not agree to correct arithmetical errors detected by the customer;
- Not given offers of competitive bidding;
2) there are any reasons specified in Article 17 and Article 28 of ch.7:
- The customer has irrefutable evidence that the party offers, gives or agrees to give, directly or indirectly, any official of the customer, another state agency compensation in any form (offer of employment, a valuable thing, service, etc.) to influence decisions to determine the winner of the procurement or use of customer specific procurement procedure;
- Participant was brought under the law to liability for a public procurement corruption offenses;
- Revealed the involvement of participants in the conspiracy;
- An individual who is a member, was sentenced for a crime related to abuse of procurement procedures, or other crime committed with mercenary motives, of which no record is cleared or canceled in the manner prescribed by law;
- Official (official) person party, that party is authorized to represent him during the procurement has been convicted of a crime involving a violation of procurement procedure, or other crime committed with mercenary motives, from which a conviction is not removed or canceled in accordance with the law;
- Offer competitive bidding procurement submitted by participants, which is a related entity from the other members of the procurement procedure;
- Member is not provided documents confirming the legality of the purchase agreement;
- Participant recognized legally bankrupt and his relatively open liquidation procedure;
- Member in arrears of taxes and duties (mandatory payments) (the employer may reject a proposal competitive bidding);
- The member conducts business activities in accordance with the provisions of its charter (the customer can overrule the competitive bidding);
- If the relevant information from public authorities, enterprises, institutions and organizations according to their competence requirements of their failure to participant eligibility criteria, the conditions specified in Article 17 of the Act, or the fact of attribution in a bid to competitive bidding of any inaccurate information which is essential in determining the results of the procurement procedure.
3) offer competitive bidding does not meet the documentation for competitive bidding.
4.2. Information about the rejection of the proposal, indicating competitive bidding is sent to the grounds, the proposal is rejected within three working days from the date of such decision and promulgated pursuant to Article 10 of the Law.
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5. Cancellation by the customer trades or finding them as not having occurred
| 5.1. Customer cancels tender if:
- There is no further need for goods, works;
- Failure to eliminate violations that result from identified violations of the law on public procurement;
- To detect collusion of participants;
- Violation of posting your procurement, acceptance, announcement of the results of the procurement procedure prescribed by law;
- Submission to participate in them at least two offers of competitive bidding;
- Reject all offers competitive bidding in accordance with law;
- To assess if the proposal allowed less than two participants.
5.2. Auctions can be partially abolished (by lotom).
5.3. Customer has the right to accept bids as not having occurred, if:
- Price of the most attractive offers competitive bidding exceeds the amount provided by the customer to finance the purchase;
- Purchase was impossible due to force majeure.
5.4. Messages Unlike auction or recognizing them as not having occurred, the customer is sent to the Authorized Agency and all the participants for three days after acceptance by the customer and the relevant decision is published pursuant to Article 10 of the Law.
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VI. The conclusion of the procurement contract
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1 Terms of the contract
| the day the winner accepts the offer the customer competitive bidding, which is recognized as the most economically advantageous in the evaluation results.
Customer contracts for the purchase of the participant, competitive bidding proposal which was accepted, not later than 30 days from the date of acceptance of proposals in accordance with the requirements of competitive bidding documents and accepted proposal, but not earlier than 14 days from the date of publication in the public official printed publication of procurement notice of acceptance of offer competitive bidding.
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2. Essential conditions that must be included in the purchase agreement
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Term of delivery shipments of ______________ days after receipt of written request from the Customer.
Goods are supplied on terms that are similar to conditions «DDP», according to the rules of interpretation of trade terms ICC Incoterms as amended - 2000., The composition of the customer.
Price Agreement and the payment order:
Price USD contract is ____________. \ _____________ \, Including VAT.
Calculations are performed by the customer payment each consignment within 95 calendar days after the signing of the act of acceptance-transmission.
The price of this Agreement may be reduced by mutual consent.
Term:
This Agreement shall enter into force upon signature by the Parties and is valid till 31.12.2011r.
The rights and obligations of the parties:
Customer shall:
Timely and fully pay for goods supplied;
Accept the goods supplied under the act of acceptance-transmission;
The customer has the right:
Prematurely terminate this Agreement in the event of a default by Vendor, upon notice to him within a period of 10 working days;
Control the supply of goods within the terms established by this Agreement;
Diminish the volume of procurement and total cost of this Treaty, depending on the actual financing costs. In this case, the Parties shall make appropriate amendments to this Agreement;
Return to Vendor account without payment in case of improper paperwork.
Vendor shall:
To ensure the supply of goods within the terms established by this Agreement;
To ensure the supply of goods whose quality meets the criteria established by this Agreement;
Vendor has the right:
Timely and in full to receive payment for goods delivered;
In the early supply of goods at the written consent of the customer.
In the event of a default by the Customer Supplier may terminate this Agreement is long, notifying the customer in time 10 working days.
Responsibility of Parties:
Vendor shall not be liable for the obligations of the Customer, and Customer shall not be liable for the obligations of the Vendor.
If the terms of delivery or failure of delivery of the Goods, the Supplier shall pay to the Customer at the rate of 0,1% of commodity value, for each day of delay, and delay for more than thirty days additional fine of 7% the specified value.
If shipment of poor quality (completeness) Vendor shall be liable as a penalty of 20% of the value of the product.
For late payment the Customer shall pay to the Vendor at the rate of double the NBU discount rate for each day of delay of the overdue amount.
In the event of failure or improper performance of their obligations under the Agreement guilty Party shall indemnify the other Party to the extent not covered penalties as set forth herein.
Accrual of fines for overdue obligations terminated in the manner established by current legislation of Ukraine.
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Term of delivery shipments of ______________ days after receipt of written request from the Customer.
Goods are supplied on terms that are similar to conditions «DDP», according to the rules of interpretation of trade terms ICC Incoterms as amended - 2000., The composition of the customer.
Price Agreement and the payment order:
Price USD contract is ____________. \ _____________ \, Including VAT.
Calculations are performed by the customer payment each consignment within 95 calendar days after the signing of the act of acceptance-transmission.
The price of this Agreement may be reduced by mutual consent.
Term:
This Agreement shall enter into force upon signature by the Parties and is valid till 31.12.2011r.
The rights and obligations of the parties:
Customer shall:
Timely and fully pay for goods supplied;
Accept the goods supplied under the act of acceptance-transmission;
The customer has the right:
Prematurely terminate this Agreement in the event of a default by Vendor, upon notice to him within a period of 10 working days;
Control the supply of goods within the terms established by this Agreement;
Diminish the volume of procurement and total cost of this Treaty, depending on the actual financing costs. In this case, the Parties shall make appropriate amendments to this Agreement;
Return to Vendor account without payment in case of improper paperwork.
Vendor shall:
To ensure the supply of goods within the terms established by this Agreement;
To ensure the supply of goods whose quality meets the criteria established by this Agreement;
Vendor has the right:
Timely and in full to receive payment for goods delivered;
In the early supply of goods at the written consent of the customer.
In the event of a default by the Customer Supplier may terminate this Agreement is long, notifying the customer in time 10 working days.
Responsibility of Parties:
Vendor shall not be liable for the obligations of the Customer, and Customer shall not be liable for the obligations of the Vendor.
If the terms of delivery or failure of delivery of the Goods, the Supplier shall pay to the Customer at the rate of 0,1% of commodity value, for each day of delay, and delay for more than thirty days additional fine of 7% the specified value.
If shipment of poor quality (completeness) Vendor shall be liable as a penalty of 20% of the value of the product.
For late payment the Customer shall pay to the Vendor at the rate of double the NBU discount rate for each day of delay of the overdue amount.
In the event of failure or improper performance of their obligations under the Agreement guilty Party shall indemnify the other Party to the extent not covered penalties as set forth herein.
Accrual of fines for overdue obligations terminated in the manner established by current legislation of Ukraine.
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3. Actions of customer in case of competitive winner”s refusement to sign theprocurement contract
| In case of a written written refusal to sign the bid winner procurement contract in accordance with the requirements of competitive bidding documents or neukladennya purchase agreement at the hands of party within the period specified by the customer to re-determine the economically most advantageous offer competitive bidding on those whose validity has not expired.
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4. Enforcement of purchase agreement
| 4.1. Customer has the right to require the winning party making him not later than the date the purchase agreement was enforce the contract as a guarantee issued by a banking institution.
4.2. Customer returns the implementation of the procurement contract after the winning party to the contract, and if recognized by the court the results of procurement or purchase agreement null and void, in the cases provided for in paragraphs one and two of Article 30, third paragraph of Article 31 of the Act and in accordance with conditions specified in the contract, but not later than three banking days after the onset of these circumstances.
4.3. The size of the implementation of the procurement contract is 5 percent of the contract.
4.4. Funds received as of the contract (in case they are not returned), calculated at the expense of the enterprise.
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