JN7162/2009 2009/S 172-248455| Question no.1: | The document N-1 specifies on page 3, paragraph 6 that the bid shall include: \"enclosed electronic medium with a NMR spectrum, to enable the testing of the sample by the Contracting Authority\". We have not found any specification of a spectrum or spectra which should be included. Please, clarify. |
| Answer: | In addition to printed spectra, the set of corresponding unprocessed data (FID) supporting claimed signal to noise ratios (1H, 13C, 19F, and 15N) and claimed achievable linewidths for direct detection probeheads (A) for 400 MHz and 500 MHZ instrument are requested. For indirect detection probeheads (B) only unprocessed data (FID) for 1H nucleus are requested (for both spectrometers). |
| Question no.2: | We kindly request that you upload the form Specifications in different format, because it cannot be opened with our program. |
| Answer: | Form Specifications, that are part of the tender documentation, is saved in Microsoft Excel 2007 format. In case the user is using an older version of mentioned program (such as Microsoft Office 2003 and older or OpenOffice) he/she cannot open such file. Free Microsoft Office compatibility pack for Excel 2007 file formats is available for download on the following webpage: http://www.microsoft.com/downloads/details.aspx?familyid=941b3470-3ae9-4aee-8f43-c6bb74cd1466&displaylang=en (copy the link in the internet browser). At the same time, we are publishing the Form Specifications in older Excel version, which should be opened without difficulties. It is available at the same webpage where you can find the tender documentation. We apologise for all the inconvenience . |
| Question no.3: | We have seen there are two \"lots\" (NMR and FESEM) but we haven\'t found the clarification describing that we can apply our proposal for one lot only...(the FESEM one). Do you know why? |
| Answer: | The bidder can apply its proposal either for one lot (either first or second) or for both lots at the same time. That is not expressly specified in the tender documentation because it is specified in the Contract notice which is treated as part of the tender documentation. For further reference please see: Contract notice 2009/S 172-248455, paragraph II.1.8 which states: Division into lots: Yes. Tenders should be submitted for one or more lots. Contract notice is available for download at the same webpage as tender documentation or on the following webpage: http://ted.europa.eu |
| Question no.4: | We have seen there are two \"lots\" (NMR and FESEM) but we haven\'t found the clarification describing that we can apply our proposal for one lot only...(the FESEM one). Please clarify urgently. |
| Answer: | The question with identical content has already been answered. Please see answers to previous questions. |
| Question no.5: | The tender does not specify the formal prerequisites, such as trade license documents, statement from the criminal record database, etc. Which documents are explicitly required? |
| Answer: | See answer to the question with similar content. |
| Question no.6: | Minimum Requested Technical Specifications (Chapter nb.2) Here we have to declare that the offered system fulfills the requested \\\"Minimum Requested Tech. Specs.\\\", so in principle we should simply write \\\"YES\\\" in all the fields (otherwise the system wouldn\\\'t fit the requested specifications and couldn\\\'t be offered at all). For some of the fields we would like to declare that we are offering even better specifications (and why), or at least to indicate in which of the enclosed documents they are further explained. Would it be possible to add these comments in the fields/cells positioned on the right hand side of the colored ones? The result would be a sort of new column named \\\"Note\\\" or \\\"Comments\\\". |
| Answer: | The answer to your question is yes – the bidder may add a new column or chose another manner in order to explain the characteristics of the offered goods (e.g. by referring to another document, technical documentation). This explanation is valid for those parts of the Specifications, where the bidder is only required to enter the word YES or NO, thereby confirming the existence of a certain characteristic. However, the Contracting Authority points out that when the bidders are, according to the Specifications, required to DESCRIBE the characteristics of the offered goods, the bidders shall enter at least so much data to allow the Contracting Authority to compare the characteristics of the offered goods with the minimal required characteristics and enable the Contracting Authority to carry out an evaluation of the bid in accordance with the award criteria. |
| Question no.7: | Argument: Evaluation Method - Technical Advantages (Chapter nb.3.1) Here it is not clear if we have to indicate the value that our system can reach or the number of points we can gain thanks to it. An example: if our system can reach a minimum magnification of 13x, in the colored field have we to write \\\"13\\\" (for magnification) or \\\"5\\\" (for points)? |
| Answer: | You have to indicate the value your system can reach and not the number of points you can consequently gain thanks to it. In particular case you are stating, you should provide number »13« (for magnification). The number of points that the bidder can gain for different characteristics of the offered goods are stated for bidder’s information regarding how much the contracting authority values particular characteristics. |
| Question no.8: | We have not found any specification to submit documents such as: Statement of the bidder’s authorized representative regarding criminal offences, and the authorization for obtaining the data from the criminal records, Statement of the bidder’s legal representative regarding criminal offences, and the authorization for obtaining data from the criminal records relating to natural persons, Statement from the bank, or banks, with which the bidder has an account, or form BON-2 (the document should not be older than three months), the profit-and-loss accounts for previous years and other similar statements. Please, could you clarify which documents are implicitly assumed by the Slovenian law? |
| Answer: | In the form N-1 Instructions to bidders, the Contracting Authority has set the following conditions for the participation in the public procurement procedure: Point 7.3.1.: The bidder has not been the subject of a conviction by final judgment of the criminal offences enlised in Article 42, Paragraph 1 and 2 of the Public Procurement Act (ZJN-2). These criminal offences are: participation in a criminal organisation, accepting a bribe in elections (in the case of natural persons), prohibited acceptance of gifts, prohibited giving of gifts, accepting a bribe (in the case of natural persons), giving a bribe, acceptance of gifts for illegal intermediation and giving of gifts for illegal intermediation, fraud, commercial fraud, deception in obtaining loan or advantages, concealment of financial commitments and fraud affecting the European Communities\\\' financial interests within the meaning of Article 1 of the Convention on the protection of the European Communities\\\' financial interests. Slovenian bidders may fulfill this condition by signing the statement enshrined in the form P-2 Application. Foreign bidders must submit an statement from the criminal record database, from which it should be evident that the bidder has not been convicted of the above-mentioned criminal offences. If foreign bidders are not able to obtain such a statement in the country of their establishment, the Contracting Authority will accept bidder\\\'s declaration under oath by witnesses or bidders own declaration. Such a declaration shall be made before a competent judicial or administrative authority, a notary or a competent professional or trade body in the country where the candidate or tenderer is established. Point 7.3.2.: The Bidder has settled all payments due to his subcontractors within previous public procurement procedures. Slovenian and foreign bidders fulfill this condidion by signing the statement enshrined in the form P-2 Application. |
| Question no.9: | Additional information regarding question No. 8: |
| Answer: | At the end of the answer to the question 8 the following sentence should be added: The bidder is not required to submit other documents such as the statements of banks or the profit-and-loss accounts for previous years. The correct answer to the question 8 therefore reads as follows: In the form N-1 Instructions to bidders, the Contracting Authority has set the following conditions for the participation in the public procurement procedure: Point 7.3.1.: The bidder has not been the subject of a conviction by final judgment of the criminal offences enlised in Article 42, Paragraph 1 and 2 of the Public Procurement Act (ZJN-2). These criminal offences are: participation in a criminal organisation, accepting a bribe in elections (in the case of natural persons), prohibited acceptance of gifts, prohibited giving of gifts, accepting a bribe (in the case of natural persons), giving a bribe, acceptance of gifts for illegal intermediation and giving of gifts for illegal intermediation, fraud, commercial fraud, deception in obtaining loan or advantages, concealment of financial commitments and fraud affecting the European Communities\\\\\\\\\\\\\\\' financial interests within the meaning of Article 1 of the Convention on the protection of the European Communities\\\\\\\\\\\\\\\' financial interests. Slovenian bidders may fulfill this condition by signing the statement enshrined in the form P-2 Application. Foreign bidders must submit an statement from the criminal record database, from which it should be evident that the bidder has not been convicted of the above-mentioned criminal offences. If foreign bidders are not able to obtain such a statement in the country of their establishment, the Contracting Authority will accept bidder\\\\\\\\\\\\\\\'s declaration under oath by witnesses or bidders own declaration. Such a declaration shall be made before a competent judicial or administrative authority, a notary or a competent professional or trade body in the country where the candidate or tenderer is established. Point 7.3.2.: The Bidder has settled all payments due to his subcontractors within previous public procurement procedures. Slovenian and foreign bidders fulfill this condidion by signing the statement enshrined in the form P-2 Application. The bidder is not required to submit other documents such as the statements of banks or the profit-and-loss accounts for previous years. |
| Question no.10: | There has been mentioned contract value including the VAT in the form P-3 in the section Financial guarantee the column regarding Performance bond and Warranty bond. Can this be exchanged for without VAT as the foreign bidder is not familiar with local VAT and offers the price without VAT. |
| Answer: | Yes. Contracting authority is changing the diction »contract value including the VAT« in the form P-3 in the section Financial guarantee in the column regarding Performance bond and Warranty bond into »contract value without VAT«. |
| Question no.11: | With regard to the bid bond, our bank has requested a revised paragraph as follows: \\\'The claim invoking the bond has to be submitted to the bank and it has to contain: 1. an original statement of the Contracting Authority invoking the Bid bond in compliance with the aforementioned paragraph and\\\' Would you accept this modification? The change was made by our bank as in this instance it is a bid bond, not a performance bond. Please could you let us know if this is acceptable. |
| Answer: | Yes. The change is acceptable as clearly a mistake was made when preparing the form. We apologize for the inconvenience. |
| Question no.12: | 1.) The numbers of RT shims is not a meaningful figure, as the important specifications for the performance of the probe are S/N and length of the 90 degree pulse and also achievable lineshape. This probe data is not improved by a raised number of RT shims. Therefore we recommend removing this parameter from the technical evaluation. 2.) For all four probes required (direct and indirect detection for 400 and 500 MHz) is the maximal length of the 90 degree pulse really required? We would expect this to be the opposite, as the lowest value would give better RF performance in general. Please advise us if you can change these items. |
| Answer: | Ad. 1) It is in our interest to gain as much control over field homogeneity as possible. This is usually better achieved with larger number of RT shims. Ad. 2) The descriptions of related specifications are erroneous. The corresponding entries for both probeheads (A and B) for both instruments (400 and 500 MHz) should be corrected into: Minimal length of 90 degree pulse for 1H Minimal length of 90 degree pulse for 13C Minimal length of 90 degree pulse for 15N |