CALL FOR TENDERS PUBLIC POWER CORPORATION S.A.

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1 PUBLIC POWER CORPORATION S.A. CALL FOR TENDERS INTERNATIONAL CALL FOR TENDERS UNDER THE OPEN PROCEDURE, WITH SEALED TENDERS AND AWARD CRITERION THE LOWEST PRICE AMONG ALL TECHNICALLY ACCEPTABLE OFFERS FOR THE SELECTION OF THE CONTRACTOR FOR THE PROJECT: SERVICES FOR THE INITIAL AND/OR PERIODICAL CALIBRATION / VERIFICATION AND MAINTENANCE OF NATURAL GAS METERING STATIONS AT PPC s NATURAL GAS FIRED POWER PLANTS

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3 CONTENTS 1. CALL FOR TENDERS 2. PROJECT SPECIFICATION 3. BIDDING TERMS AND PROCEDURE 4. CONTRACT SPECIMEN 5. CONFIDENTIALITY AGREEMENT 3

4 PUBLIC POWER CORPORATION S.A. MATERIALS, FUEL, PURCHASING & TRANSPORTATION DEPARTMENT 55, STOURNARI STR ATHENS INQUIRY No: DYKPM PROJECT: SERVICES FOR THE INITIAL AND/OR PERIODICAL CALIBRATION / VERIFICATION AND MAINTENANCE OF NATURAL GAS METERING STATIONS AT PPC s NATURAL GAS FIRED POWER PLANTS Document 1 of 5 CALL FOR TENDERS 4

5 PUBLIC POWER CORPORATION S.A. MATERIALS, FUEL, PURCHASING & TRANSPORTATION DEPARTMENT 55, STOURNARI STR ATHENS INQUIRY No: DYKPM PROJECT: SERVICES FOR THE INITIAL AND/OR PERIODICAL CALIBRATION / VERIFICATION AND MAINTENANCE OF NATURAL GAS METERING STATIONS AT PPC s NATURAL GAS FIRED POWER PLANTS CALL FOR TENDERS Public Power Corporation S.A. (PPC S.A.), 30, Chalkokondili Street, Athens, GREECE, launches an international, Open-Procedure Call for Tenders with sealed Tenders, for the selection of a Contractor for the project SERVICES FOR THE INITIAL AND/OR PERIODICAL CALIBRATION / VERIFICATION AND MAINTENANCE OF NATURAL GAS METERING STATIONS AT PPC s NATURAL GAS FIRED POWER PLANTS. The award criterion shall be the lowest price among all technically acceptable offers. ARTICLE 1. Time and Place for Tenders Responsible Department Responsibility for all issues related to the present Call for Tenders is held by the Materials, Fuel, Purchasing & Transportation Department ( DYKPM ) of PPC S.A All Tenders shall be submitted to the aforementioned Materials, Fuel, Purchasing, and Transportation Department, at the following address: Public Power Corporation S.A. Materials, Fuel, Purchasing and Transportation Department 55, Stournari Street, Athens, GREECE Phone number: Closing date for the present call for tenders shall be Thursday at 11:00 a.m. 5

6 Tenders may be also delivered to the secretariat of the Materials, Fuel, Purchasing and Transportation Department at the same address, either by registered mail or by courier by 11:00 a.m. on Thursday In that case, the participant assumes full responsibility for both the timely delivery of the tender and the contents thereof All tenders must be submitted or mailed in a sealed envelope, bearing the name and the address of the participant and marked as follows: Tender for Inquiry DYKPM / Project: SERVICES FOR THE INITIAL AND/OR PERIODICAL CALIBRATION / VERIFICATION AND MAINTENANCE OF NATURAL GAS METERING STATIONS AT PPC s NATURAL GAS FIRED POWER PLANTS. ARTICLE 2. Project Summary. PPC S.A., the largest electric power utility in Greece, currently operates three gas-fired Power Plant complexes, located at Aliveri, Lavrion, Komotini and Keratsini (occasionally operated according to demand). In addition to the above, the commissioning of a new gas-fired Power Plant located at Megalopoli, is scheduled for the next biennium. A single natural gas metering station is used for natural gas invoicing in each of the above locations. Each metering station includes a gas quantity measuring system (turbine and ultrasonic gas meters as well as orifice-plate meters are used) and a gas analysis system, (comprising two gas chromatographs). All metering stations are owned and operated by DESFA S.A., the natural gas network operator of Greece. Periodic verification of the aforementioned natural gas metering stations as well as the initial verification of the new metering station at PPC s new gas-fired power plant at Megalopoli, shall be carried out by the personnel of DESFA and witnessed by PPC s representatives. services are hereby sought relating to all issues pertaining to the periodic/initial verification of the a.m. natural gas Metering Stations, serving PPC s Power Plants for a period of two (2) years, starting on to In addition, services shall also be required in the case of major overhaul and/or modifications of said metering stations, carried out by DESFA. ARTICLE 3. Eligibility for Participation The present call for tenders is open to all companies, consortia and/or individuals, who: 6

7 Hold a Notification of a Body in the framework of a technical harmonization directive according to Annexes F/F1 (Declaration of conformity to type based on product verification) for Gas Meters (Annex MI-002) of EU Directive 2004/22. Hold an approval from the designated authorities of a European Union country for the primary and periodic verification of all of the following: o Turbine natural gas meters o Ultrasonic natural gas meters o Natural gas measuring systems with orifice plates o Natural gas volume conversion computers o Gas chromatographs Have an extensive, proven experience in calibration/verification of Natural Gas metering stations, having a capacity comparable to and/or greater than the capacity of the metering stations at PPC s Power Plants and involving all three technologies used therein, i.e. turbine meters, orifice plates and ultrasonic meters Eligibility of participation concerning the aforementioned bidder s experience shall be based upon at least three projects / contracts concerning either calibration / verification of natural gas metering stations with a capacity comparable to and/ or greater than the capacity of the metering stations at PPC s Power Plants, that the bidder has either carried out or has acted as a contractor thereto. At least one such project is required for each of the three types of natural gas metering technologies used in PPC s Power Plants (i.e. metering stations using turbine meters, orifice plates and ultrasonic meters). A detailed description and record of each of the above projects, including customer data (company name, address, phone numbers, person to contact) and technical data (metering station location, type and capacity of gas meters) shall be included in the offer. ARTICLE 4. Distribution of the present call The present Call is available at PPC s website, ( for Tenders / Support Operations Division/Call for Tenders from Support Operations Division.) 4.2. Copies of this Call are also available between 09:00 and 14:00 on working days, from the offices of the Materials, Fuel, Purchasing and Transportation Department, at the following address: 55, Stournari Street (4 th floor, office 403), GR Athens, GREECE Contact Persons: Mr. Ioannis Mavroeidis ( ) Mrs. Helen Gypari ( ) Mr. Stamatis Kopelias ( ) 7

8 PUBLIC POWER CORPORATION S.A. MATERIALS, FUEL, PURCHASING & TRANSPORTATION DEPARTMENT 55, STOURNARI STR ATHENS INQUIRY No: DYKPM PROJECT: SERVICES FOR THE INITIAL AND/OR PERIODICAL CALIBRATION / VERIFICATION AND MAINTENANCE OF NATURAL GAS METERING STATIONS AT PPC s NATURAL GAS FIRED POWER PLANTS Document 2 of 5 PROJECT SPECIFICATION 8

9 PUBLIC POWER CORPORATION S.A. MATERIALS, FUEL, PURCHASING & TRANSPORTATION DEPARTMENT 55, STOURNARI STR ATHENS INQUIRY No: DYKPM PROJECT: SERVICES FOR THE INITIAL AND/OR PERIODICAL CALIBRATION / VERIFICATION AND MAINTENANCE OF NATURAL GAS METERING STATIONS AT PPC s NATURAL GAS FIRED POWER PLANTS PROJECT SPECIFICATION ARTICLE 1. Introduction and Background Public Power Corporation S.A. is currently the largest power utility in Greece. Its portfolio includes four Thermal Power Plants running on natural gas, located at Aliveri, Lavrio, Keratsini and Komotini. The aforementioned four power plants are supplied with natural gas through gas metering stations as follows: - Lavrio Power Plant: four (4) measuring lines with orifice plates (three in operation one standby) and two (2) lines with ultrasonic meters (one in operation one standby), having a maximum total operational capacity of Nm 3 /h. - Komotini Power Plant: three (3) measuring lines with orifice plates (two in operation one standby) and two (2) lines with ultrasonic meters (one in operation one standby), having a maximum total capacity of Nm 3 /h. - Aliveri Power Plant : two (2) measuring lines with ultrasonic meters (one in operation one standby), having a maximum total operational capacity of Nm 3 /h. - Keratsini Power Plant: two lines with turbine meters having a maximum total operating capacity of ~ Nm 3 /h. 9

10 1.2. Technical Data for PPC s natural gas metering stations are as follows: Lavrion Metering Station: Type of meters: Number of Metering Lines: Operating line pressure: Operating line temperature: Operating diff. pressure-δρ Number of Gas Chroms: Flow Computers for Ultrasonic lines Flow Computers for Orifice Plate lines 3-path Ultrasonic Meters (0-500 m line conditions), Orifice Plate metering lines Nm 3 ) 2 US (1 duty 1 standby) 4 Orifice Plate (3 duty 1 standby) bara 3 50 C mbar (low ΔΡtransmitters: mbar, high ΔΡtransmitters: mbar, watchdog ΔΡtransmitters: mbar) 2 (1 duty 1 standby) 2 (1 duty 1 standby), real-time flow, P,T and quality data acquisition, continuous volume and energy integration, compensation for US meter calibration error by linear interpolation. 4 (3 duty 1 standby), real-time ΔΡ, P,T and quality data acquisition, continuous volume and energy integration. Komotini Metering Station: Type of meters: Number of Metering Lines: Operating line pressure: Operating line temperature: Operating diff. pressure-δρ Number of Gas Chroms: Flow Computers for Ultrasonic lines Flow Computers for Orifice Plate lines 3-path Ultrasonic Meters (0-500 m 3 at line conditions), Orifice Plate metering lines Nm 3 ) 2 US (1 duty 1 standby) 3 Orifice Plate (2 duty 1 standby) bara 3 50 C mbar (low ΔΡtransmitters: mbar, high ΔΡtransmitters: mbar, watchdog ΔΡtransmitters: mbar) 2 (1 duty 1 standby) 2 (1 duty 1 standby), real-time flow, P,T and quality data acquisition, continuous volume and energy integration, compensation for US meter calibration error by linear interpolation. 3 (2 duty 1 standby), real-time ΔΡ, P,T and quality data acquisition, continuous volume and energy integration. 10

11 Aliveri Metering Station (U-6370): Type of meters: Number of Metering Lines: Operating line pressure: Operating line temperature: Number of Gas Chroms: Flow Computers for Ultrasonic lines 5-path Ultrasonic Meters ( m 3 /h - Design flow N m 3 /h) 2 US (1 duty 1 standby) barg 6 25 C 2 (Τhere will be two gas chromatographs operate in parallel too, independent of one another, but only one gas composition is used for the calculations, according to an operator (manual) selection) 2 (one per each metering skid), real-time flow, P,T and quality data acquisition, continuous volume and energy integration, compensation for US meter calibration error by linear interpolation. Megalopoli Metering Station (U-6370): 5-path Ultrasonic Meters ( Type of meters: m 3 /h - Design flow N m 3 /h) Number of Metering Lines: 2 US (1 duty 1 standby) Operating line pressure: barg Operating line temperature: 6 25 C 2 (Τhere will be two gas chromatographs operate in parallel too, independent of one another, but only one gas Number of Gas Chroms: composition is used for the calculations, according to an operator (manual) selection) 2 (one per each metering skid), real-time flow, P,T and quality data acquisition, Flow Computers for Ultrasonic lines continuous volume and energy integration, compensation for US meter calibration error by linear interpolation. Keratsini Metering Station: ype of meters: Turbine meters, m 3 (line conditions) Number of Metering Lines: 2 (1 duty 1 standby) Meter Signal: High Frequency pulses (~550 m -3 ) Operating line pressure: 18 19,2 bara Operating line temperature: 3 24 C Number of Gas Chromatographs: 2 (1 duty 1 standby) 2 (1 duty 1 standby), real-time flow, P, T and quality data acquisition, continuous Flow Computers volume and energy integration, compensation for turbine meter calibration error by linear interpolation. 11

12 1.3. The procedures employed for checking / verification of measurement lines are outlined as follows: Metering lines with turbine meters / ultrasonic meters: Verification / calibration of pressure / temperature transducers. Verification of metering device Metering lines with orifice plates: Verification / calibration of pressure / temperature / differential pressure transducers. Necessary adjustments upon restoring the line back to service Volume conversion computers: Verification of data-acquisition and computation / conversion routines, as applicable. Measurement of overall line error Quality determination equipment: Verification of repeatability during calibration procedure. Verification of repeatability during standard sample analysis Frequency / duration of verification procedures per annum: Metering Station Number of verifications per annum Number of working days per verification Number of travelling days per verification Lavrio Komotini Aliveri Megalopoli 1 (initial) 3 2 Megalopoli 2 (periodical) 1 2 Totals per annum Keratsini (optional) 2 2 Not to be included in the evaluation of offers 1.5. Duration of verification procedures for each and every metering station is fixed and defined by DESFA SA, Greek natural gas network operator The duration for the initial verification of Megalopoli metering station, registered in the Table of paragraph 1.4, consists an estimation and the exact duration and procedures shall be carried out in accordance to the general layout set forth in paragraph 1.3 hereinabove. 12

13 1.7. Procedures and duration for the initial verification of any additional new metering stations that may be commissioned within the time of validity of the contract shall be carried out in accordance to the general layout set forth in paragraph 1.3 hereinabove. ARTICLE 2. Scope of services The services to be rendered by the Contractor include consulting for the periodic verifications and maintenance of the above mentioned natural gas metering stations for a period of two years, starting on More specifically, shall cover the following: Review / acceptance of the calibration certificates of standards to be used for the verification (normally include dead weight testers, Gas Pressure Controller, Differential Pressure Controller, Standard Thermometers, certified Gas Mixtures etc.) Witnessing / monitoring of check and / or verification procedures for pressure / temperature / differential pressure transmitters, flow measurement instruments and gas quality determination equipment. Witnessing / monitoring of verification of gas volume conversion computers. Evaluation of results, computation of overall measurement line accuracy, recommendations on acceptability of results as well as for any actions that are required to be taken by the natural gas system operator relevant to the setup and operation of the metering stations. The methods to provide the above services shall be elaborated in further detail in the technical proposals to be submitted. Note 1: The technical proposal of the successful Contractor shall constitute Appendix A of the contract to be signed, comprising an integral part thereof. ARTICLE 3. Reports. The work of the Contractor shall be recorded and submitted to the Client in written reports within one calendar week after the completion of each calibration/verification. All reports shall be fully substantiated on the basis of data and / or facts, including recommendations and/or remarks concerning future actions. 13

14 PUBLIC POWER CORPORATION S.A. MATERIALS, FUEL, PURCHASING & TRANSPORTATION DEPARTMENT 55, STOURNARI STR ATHENS INQUIRY No: DYKPM PROJECT: SERVICES FOR THE INITIAL AND/OR PERIODICAL CALIBRATION / VERIFICATION AND MAINTENANCE OF NATURAL GAS METERING STATIONS AT PPC s NATURAL GAS FIRED POWER PLANTS Document 3 of 5 BIDDING TERMS AND PROCEDURES 14

15 PUBLIC POWER CORPORATION S.A. MATERIALS, FUEL, PURCHASING & TRANSPORTATION DEPARTMENT 55, STOURNARI STR ATHENS INQUIRY No: DYKPM PROJECT: SERVICES FOR THE INITIAL AND/OR PERIODICAL CALIBRATION / VERIFICATION AND MAINTENANCE OF NATURAL GAS METERING STATIONS AT PPC s NATURAL GAS FIRED POWER PLANTS BIDDING TERMS AND PROCEDURES ARTICLE 1. Parts and Documents of Inquiry The present Inquiry comprises all of and only the following Parts (Documents): Call for Tenders (Document 1 of 5) Project Specification (Document 2 of 5) Bidding Terms and Procedures (Document 3 of 5) Contract Specimen (Document 4 of 5) Confidentiality Agreement Specimen (Document 5 of 5) ARTICLE 2. Award Criterion The prices to be quoted shall be as follows: Compensation per working day. Compensation per travelling day. The above prices shall be both quoted in Euros and shall be separately and clearly stated in the Bidders financial offer. All prices offered shall be net for PPC, including travel, accommodation, transportation, living and any other associated costs, all direct and indirect taxes and duties in connection with the performance of services by the Contractor or imposed by any European or Greek law, with the exception of VAT (if applicable). 15

16 2.2. The award criterion shall be the lowest total cost among all technically accepted offers. For each bidder the evaluation total cost TCe shall be calculated by using the formula: TCe = Nw * (price per working day)+ Nt * (price per travelling day) Where : Nw : Total number of working days per annum according to the provisions of Article 1 of the Project Specification Specimen (34 days) Nt : Total number of travelling days per annum, according to the provisions of Article 1 of the Project Specification Specimen (22 days) All prices offered shall be firm and quoted exclusively in Euros. No price indexing is acceptable and any such offers shall be rejected. Any offers quoting prices in currencies other than Euros or including any dependence of the prices offered in Euro to the rate between Euro and other currencies shall be rejected No price adjustment will be accepted during the validity period of the contract Counter-offers shall in no case be accepted. ARTICLE 3. Validity of Tenders. All Tenders shall explicitly indicate that they are valid and binding for the Bidder for a time period of a hundred and twenty (120) days, starting the next day from the deadline for submission of Tenders. Tenders setting a shorter period of validity are considered unacceptable and thus shall be unquestionably rejected. ARTICLE 4. Preparation of Tenders All tenders shall be submitted in two (2) original copies, duly signed on all pages All tenders shall be submitted only in the Greek or the English language. Any documents / certificates pertaining to the Contractor s status and/or validation, issued in any other language by the authorities of the country, in which the Contractor is established, must be accompanied by a duly certified translation into the English Language All tenders shall be submitted in one (1) sealed envelope, named TENDER ENVELOPE, bearing the name and the address of the participant and marked as follows: 16

17 Tender for Inquiry DYKPM / Project: PROJECT: SERVICES FOR THE INITIAL AND/OR PERIODICAL CALIBRATION / VERIFICATION AND MAINTENANCE OF NATURAL GAS METERING STATIONS AT PPC s NATURAL GAS FIRED POWER PLANTS Each Tender Envelope shall include the following: Declaration of unreserved acceptance of all Terms and Conditions set forth by PPC for the present Call for Tenders, according to the specimen a attached hereto Declaration of acceptance of the validity term of the bids set forth in ARTICLE 3 hereinabove, prepared according to specimen attached hereto Declaration of Joint responsibility of the firms members in case of a bid submitted by a consortium, prepared according to specimen a attached hereto Bidder s Identification Sheet, bearing information as to the corporate name, organization, address, contact numbers etc. as well as the Bidder s legal status and VAT number Certificate issued by the competent administrative or legal Authorities establishing that the Bidder is not in a situation of bankruptcy, liquidation, compulsory administration of property (escrow proceedings), under composition in bankruptcy or in any analogous situation and additionally that there he has not been the subject of bankruptcy proceedings, liquidation proceedings, or any court decision for commencing escrow proceedings or composition in bankruptcy proceedings or pending proceedings for any analogous situation Decision by the Board of Directors or of equivalent competent administrative body of the Bidder for: Approval of participation in this Call. Approval of participation in the specific group / consortium / jointventure (if applicable) The appointment of a legal representative. The acceptance of joint responsibility of all partners of the group / consortium / joint-venture (if applicable) and of their percentage in it Proof of Bidder s legal existence and status (such as Articles of Association) Certificate of enrolment, as prescribed in his country of establishment, in the relevant professional or trade registers The certificates required by the provisions of Document 1 Article Detailed description / data for at least three projects concerning either calibration / verification of natural gas metering stations with a capacity comparable to that of the metering stations at PPC s Power Plants, that the bidder has either carried out or has acted as a contractor thereto. At 17

18 least one such project is required for each of the three types of natural gas metering technologies used in PPC s Power Plants (i.e. metering stations using turbine meters, orifice plates and ultrasonic meters). At least the following data are to be included for each project: Name and Address of Client. Contact Person(s), incl. phone numbers. Detailed description of the project task(s) undertaken. The role assumed by the Bidder The technical proposal for the project of the present Call for Tenders, prepared according to the provisions in paragraph 4.5 herein below A separate, sealed Envelope, bearing the name and the address of the participant and marked as follows: Tender for Inquiry DYKPM / Project: PROJECT: SERVICES FOR THE INITIAL AND/OR PERIODICAL CALIBRATION / VERIFICATION AND MAINTENANCE OF NATURAL GAS METERING STATIONS AT PPC s NATURAL GAS FIRED POWER PLANTS FINANCIAL OFFER The above sealed envelope shall contain the financial offer of the Bidder, prepared according to the provisions of ARTICLE 2 paragraph 2.1 hereinabove Preparation of the Technical Proposal: The technical proposal of the tender shall include information and implementation description for the following: A description of the services to be offered, as envisaged by the Contractor, the corresponding methodology, and the proposed and reporting requirements Detailed CVs of personnel committed to work for the project, with emphasis on experience relevant to their work on this project. ARTICLE 5. Submission of Tenders Proceedings concerning the submission, opening and evaluation of Offers for the present Call for Tenders will be conducted by an Evaluation Committee, appointed by PPC for the present Call of Tenders Closing date for the present Call for Tenders shall be Thursday All Tenders may be either submitted in person or mailed in due time to be registered by the aforementioned closing date and time in the Materials, 18

19 Fuel, Purchasing and Transportation Department secretariat, at the following address: Public Power Corporation S.A. Materials, Fuel, Purchasing and Transportation Department 55, Stournari Street, Athens, GREECE Phone numbers: / ARTICLE 6. PARTICIPATION LETTER OF GUARANTEE Bidders along with their bid shall submit a Participation Letter of Guarantee for the amount of 2.900, which shall be worded exactly according to the attached SPECIMEN 42.13a or, in the case of a CONSORTIUM, Specimen a or a The Participation Letter of Guarantee must be included in the envelope of the Technical Offer If no reason arises for the said Participation Letter of Guarantee to be forfeited on P.P.C s favour, according to the terms of the present Call for Tenders it shall be returned to its issuer, if the competition is not awarded to the bidder and/or upon the expiration of the validity period of the offers submitted in the context of this bid. In case of award to the bidder, the above Participation Letter of Guarantee shall be released after signing of the Contract which is to be concluded with the bidder and upon submission by the bidder of the Good Performance Letter of Guarantee. ARTICLE 7. Unsealing and Evaluation of Tenders Unsealing of the Tenders will take place in the premises of Materials, Fuel, Purchasing and Transportation Department of PPC, at the above specified address and time On the closing date and time the Evaluation Committee shall proceed with unsealing of all Tenders (stage A). The Envelopes marked as FINANCIAL OFFER shall remain sealed The contents of each of the Tenders shall be checked against the provisions of ARTICLE 4 hereinabove, and the Evaluation Committee shall determine which of the tenders shall be declared as formally accepted Technical evaluation shall be made only for tenders that are declared as formally accepted as well as for those that were initially declared as formally not accepted but were subsequently vindicated by objection. Technical evaluation shall include, without, however, being limited to the following: 19

20 The data submitted according to the provisions of paragraph above regarding the projects required for the eligibility of participation, as set forth in Document 1 Article 3. The similarity between those projects and the project in question as well as the role assumed by the Bidder shall be assessed. The Technical Proposal itself. The understanding by the Contractor of the problem of the project in question, the general methodological approach he proposes to follow and the integrity of the technical proposal (project management, timetable proposed, personnel assignment etc.) shall be assessed. According to the results of the technical evaluation procedure, the Evaluation Committee shall classify the Tenders as either Technically Accepted or Technically Not Accepted Thereafter, the Evaluation Committee shall proceed with unsealing (stage B) the separate envelopes marked FINANCIAL OFFER of all technically accepted Tenders (either initially accepted or accepted following the trial of a relevant objection). All Bidders, whose Tenders were classified as Technically accepted shall be officially notified about the date and time of unsealing the Financial Offers. Further down, the Evaluation Committee shall examine the presence and adequacy of the economic elements, according to the provisions of paragraph hereinabove and shall deem the Tenders as formally accepted or formally not accepted Economic evaluation concerns only the bids which during stage B of unsealing were declared as formally accepted. ARTICLE 8. Objection Procedures Objections against "Formally not accepted" bids: It is the responsibility of PPC s competent administrative body to make known in writing by a registered letter or telex or fax to all Bidders, whose bid was declared "Formally not accepted" by the "Evaluation Committee" the reasons for their rejection. This notification can also be made by a signed declaration of the bidders or their representatives over their offer that they were informed about the reasons for which their offer was declared as "Formally not accepted" Only the bidders in question are entitled to submit in writing a relevant objection and only for the reasons of the rejection of their offer within a deadline of two (2) working days from the day they were notified about said rejection. The objection will be addressed to the "Evaluation Committee" The final and irrevocable judgment over the objections will be given by PPC s Competent Administrative Body. It is the responsibility of said PPC s Competent Administrative Body to notify the Bidders, who have 20

21 submitted objection, on the final and irrevocable judgment of said objection Objections against Bids declared "Technically not accepted": It is the responsibility of PPC s competent administrative body to make known in writing by a registered letter or telex or fax simultaneously to all bidders whose bid was declared "Technically Not accepted" by the "Evaluation Committee" the reasons of their rejection Only the bidders in question are entitled to submit in writing a relevant objection and only for the reasons of the rejection of their offer within a deadline of two (2) working days from the day they were notified about said rejection. The objection will be addressed to the "Evaluation Committee" The final and irrevocable judgment over the objections will be given by PPC s Competent Administrative Body. It is the responsibility of said PPC s Competent Administrative Body to notify the Bidders, who have submitted objection, on the final and irrevocable judgment of said objection The above notification shall be made prior to unsealing the financial offer All objections result in suspending the course of procedures related with the present Call for Tenders until a final judgment has been reached by the PPC s competent administrative body Any objections or claims other than the above shall not have any effect in the course of procedures related with the present Call of Tenders. Such objections or claims shall be presented to PPC s award body at the time of reaching the decision for the award of the contract. ARTICLE 9. Contract Award The Bid is not finalized prior to the approval of its result by PPC s competent administrative body. The decision of approval includes any eventual improvements of the offer accepted by the successful Bidder The award of the Project is notified to the Contractor by letter inviting him to proceed with the conclusion and signing of the Contract within 15 days. The Contractor in case of a Group is obliged in order to sign the Contract to be converted to a Joint Venture of Article 2 of Decree-Law 186/92 as it applies. If Contractor does not appear within the above time limit the Corporation is entitled to declare him forfeited In the case of a consortium, the award shall be made in the names of all the Members of the Group; in that a clause shall be included in the Contract Agreement providing that the members of the Consortium are fully responsible against P.P.C., jointly and severally, concerning the fulfilment of their obligations, resulting from the Contract Agreement. 21

22 9.4. PPC reserves the right to cancel the procedure initiated by the present Call for Tenders according to the following: In case of breach of the rules of the procedure, if the result of the Procedure is influenced by such a breach In case the result of the Procedure is considered justifiably not satisfactory for the Corporation In case competition was inadequate, or if there is serious evidence that there has been an agreement between the Bidders to avoid real competition In case there have been essential changes in the needs of the Corporation The Contract shall be drawn up according to the Contract Specimen included in the present Call for Tenders (Document 4 of 5). ARTICLE 10. PPC s Reservations and Rights 10.1.By participating in the present Bid a Bidder unreservedly declares that he is fully aware of the terms as well as of all the data and parts of the Inquiry PPC reserves the right to postpone the closing date of the present Call for Tenders or to modify any part of the Inquiry. These modifications shall be included in Supplement(s) to the Inquiry, the issue of which shall be officially announced PPC shall in no case be responsible or liable to indemnify Bidders for any expense or cost Bidders may have sustained for the preparation and submission of their offer, particularly in case their offer is not accepted or the Procedure is cancelled or postponed or transferred at any stage and time and for any reason or cause thereof. Consequently, those who participate in the present Bid and submit the offer, independently of whether they have been finally accepted or not, do not acquire any right at all against PPC from this Inquiry and their participation to the Bid Any Tender, submitted according to the terms of the present Inquiry, is considered as proposal to PPC and not as an acceptance of PPC s proposal No Bidder is entitled to invoke any omissions in the submission of the offer or in signing of any document in order to be exempted from or diminish his liabilities The terms and restrictions concerning the submission of offers are to PPC s benefit, which has the right to waive them, without such an action however providing any right to the Bidders or any other third parties. 22

23 ATTACHMENTS HERETO: - Specimen a - Specimen Specimen a - Specimen 42.13a - Specimen a - Specimen a 23

24 SPECIMEN 24.13α DECLARATION OF ACCEPTANCE OF THE BIDDING AND CONTRACTING TERMS The.. hereinbelow signed..., lawfully representing the Firm......, bidding against Public Power Corporation s Inquiry No declare that I took cognizance of all Bidding and Contracting Terms enunciated in the respective Inquiry, I studied and accept same irrevocably and unreservedly in the name of said firm. Signature... Date... 24

25 SPECIMEN BIDDER S ACCEPTANCE OF THE VALIDITY OF THE BIDS STATEMENT The.. hereinbelow signed..., duly representing the Firm......, bidding against Public Power Corporation s Inquiry No declare that I accept irrevocably and unreservedly that the Bid No... of this Firm to the above Inquiry is valid for...(*) calendar days, according to the provisions in Article 3 of the Document Bidding Terms and Procedures. Signature... Date... (*) The number of calendar days,not less than sixty (60) is to be inserted here in figures and words. 25

26 SPECIMEN a Athens,... TO: PUBLIC POWER CORPORATION GREECE CONSORTIUM D E C L A R A T I O N The undersigned representatives of the Firms ,...,,..... participating as a Consortium in the Inquiry No for the.. Declare that the members of the Consortium are fully responsible against P.P.C.,,jointly and severally, concerning the fulfillment of their obligations, which result from their Bid for the above Inquiry. On behalf of On behalf of

27 SPECIMEN 42.13a LETTER OF PARTICIPATION GUARANTEE TO: PUBLIC POWER CORPORATION S.A. 30, CHALKOKONDYLI STR. ATHENS, GREECE DATE... We wish to inform you that we irrevocably and unreservedly guarantee in favour of your Bidder (1) having its seat or domiciled in (2) waiving expressly and unreservedly the exception of claiming the benefit of option and our right objections of all kinds, including the principal obligor s non-individual objections and particularly any other objection as from articles , and of the Greek Civil Code, and renouncing of all our rights deriving from the above articles, we are severally responsible towards you and as principal obligors, with up to the sum of (3)...for the participation of the said supplier in the Bid under Inquiry No (4)... to be held on (5)......for according to the terms and specifications of your Inquiry and its supplements, a copy of which was delivered to us, its reception being confirmed by the present. The above guarantee refers only to the obligations deriving from the participation in the aforementioned Bid up to the signing of the relative contract by Bidder in case of an award to him, and the delivery by him to you of a Letter of Good Performance Guarantee in accordance with your instructions, but in no event whatsoever does it refer to the obligations deriving from the performance of such a contract. In the event as a consequence of the above guarantee and according to your free and uncommitted judgment you will decide and inform us that the said Bidder is in default with regard to any obligation assumed by him in connection with his participation in the above Bid, we are hereby assuming the obligation to pay forthwith to you, without any objection whatsoever, the guaranteed sum, either in total or in part, according to your instructions and upon demand, without any authorization, action or consent of the Bidder hereinabove mentioned being required for such payment, nor any opposition, exception, objection or recourse to arbitration and/or Courts to be eventually by above Bidder demanding non-forfeiture or sequestration of this Letter of Guarantee being considered. We further declare that our present guarantee shall remain in full force and effect for.. months when this letter of guarantee is returned to us together with a written declaration from you releasing us from the present guarantee. Furthermore we declare that we shall extend the validity of this guarantee, at your request, made in writing prior to the expire date of this guarantee NOTE: On blank spaces to be inserted (1) The business trade name of the Bidder. (2) The address of Bidder s seat is to be inserted here. (3) The amount of Participation Bond is to be inserted here. (4) Number of Inquiry to be inserted. (5) Closing date for the submission of the Bids is to be inserted here. 27

28 SPECIMEN a LETTER OF PARTICIPATION GUARANTEE TO: PUBLIC POWER CORPORATION S.A. 30, CHALKOKONDYLI STR. ATHENS, GREECE...DATE... We wish to inform you that we guarantee irrevocably and unreservedly in favor of your Bidders: 1. (1) (1) (1) having their seat or domiciled, first in (2)..... second in (2)..... third in (2)..... which act herein as a Consortium with each member bearing several responsibility towards PPC, waiving expressly and unreservedly the exception of claiming the benefit of option and our right objections of all kinds, including the principal obligor s non-individual objections and particularly any other objection from articles and of the Greek Civil Code, also renouncing of all our rights deriving from the above articles, we are severally responsible towards you and as principal obligors with up to the sum of (3) for the participation of the aforementioned suppliers in the Bid under Inquiry No. (4)...to be held in (5) for...according to the terms and specifications of your Inquiry and its supplements, a copy of which was delivered to us, its reception being confirmed by the present. The above guarantee refers only to the obligations of the said Bidders deriving from their participation in the aforementioned Inquiry up to the signing of the relative contract by Bidders in base of an award to them, and the delivery by them to you of a Letter of Good Performance Guarantee in accordance with your instructions, but in no event whatsoever does it refer to the obligations deriving from the performance of such a contract.in the event as a consequence of the above guarantee and according to your free and uncommitted judgment you will decide and inform us that whoever of the said Bidders is in default with regard to any obligation assumed by him in connection with his participation as a member of the aforementioned Consortium in the above Inquiry, we are hereby assuming the obligation to pay forthwith to you, without any objection whatsoever, the guaranteed sum, either in total or in part, according to your instructions and upon demand without any authorization, action or consent of the Bidder herein above mentioned being required for such payment, nor any opposition, exception, objection or recourse to arbitration and/or the Courts to be eventually instituted by above Bidder demanding non-forfeiture or sequestration of this Letter of Guarantee being considered. We further declare that our present guarantee shall remain in full force and effect for.. months when this letter of guarantee is returned to us together with a written declaration from you releasing us from the present guarantee. Furthermore we declare that we shall extend the validity of this guarantee, at your request, made in writing prior to the expire date of this guarantee NOTE: On blank spaces to be inserted (1) The business trade names of the Bidders. (2) The addresses of Bidders seats are to be inserted here separately for each one. (3) The amount of Participation Bond is to be inserted here. (4) Number of Inquiry to be inserted. (5) Closing date for the submission of the Bids is to be inserted here. 28

29 S P E C I M E N a LETTER OF PARTICIPATION GUARANTEE TO: PUBLIC POWER CORPORATION S.A. 30, CHALKOKONDYLI STR. ATHENS, GREECE...DATE... We wish to inform you that we guarantee irrevocably and unreservedly in favour of your Bidder (1) having its seat or domiciled in (2) and participating in the Inquiry together with (1) having its/their seat or domiciled in (2) as a Consortium with each of its members bearing several responsibility towards PPC, and waiving expressly and unreservedly our right to claim the benefit of option and to raise objections of any kind, including the principal obligor s non-individual objections and particularly any other objection, from articles , and of the Greek Civil Code, also renouncing of our rights, if any, deriving from the above articles, we are severally responsible towards you and as principal obligors, with up to the sum of (3)... for the participation of the said supplier to the Bid under Inquiry No. (4)... to be held on (5)... for... according to the terms and specifications of your Inquiry and its supplements, a copy of which was delivered to us, its reception being confirmed by the present. The above guarantee refers only to the obligations deriving from his participation as a member of the above Consortium in the aforementioned Inquiry up to the signing of the relative contract by Bidder in case of an award to him, and the delivery by him to you of a Letter of Good Performance Guarantee in accordance with your instructions, but in no event whatsoever does it refer to the obligations deriving from the performance of such a contract. In the event as a consequence of the above guarantee and according to your free and uncommitted judgment you will decide and inform us that the said Bidder or whoever of the jointly and severally responsible Bidders, is in default with regard to any obligation assumed by him in connection with his participation in the above Inquiry, we are hereby assuming the obligation to pay forthwith to you, without any objection whatsoever, the guaranteed sum, either in total or in part, according to your instructions and upon demand without any authorisation, action or consent of the Bidder herein above mentioned being required for such payment, nor any opposition, exception, objection or recourse to arbitration and/or Courts to be eventually instituted by above Bidder demanding non-forfeiture or sequestration of this Letter of Guarantee being considered. We further declare that our present guarantee shall remain in full force and effect for.. months when this letter of guarantee is returned to us together with a written declaration from you releasing us from the present guarantee. Furthermore we declare that we shall extend the validity of this guarantee, at your request, made in writing prior to the expire date of this guarantee NOTE: On blank spaces to be inserted (1) The business trade name of the Bidder. (2) The address of Bidder s seat is to be inserted here. (3) The amount of Participation Bond is to be inserted here. (4) Number of Inquiry to be inserted. (5) Closing date for the submission of the Bids is to be inserted here 29

30 PUBLIC POWER CORPORATION S.A. MATERIALS, FUEL, PURCHASING & TRANSPORTATION DEPARTMENT 55, STOURNARI STR., ATHENS INQUIRY No: DYKPM PROJECT: SERVICES FOR THE INITIAL AND/OR PERIODICAL CALIBRATION / VERIFICATION AND MAINTENANCE OF NATURAL GAS METERING STATIONS AT PPC s NATURAL GAS FIRED POWER PLANTS CONTRACT SPECIMEN CONTRACT : No PROJECT : SERVICES FOR THE INITIAL AND/OR PERIODICAL CALIBRATION / VERIFICATION AND MAINTENANCE OF NATURAL GAS METERING STATIONS AT PPC s NATURAL GAS FIRED POWER PLANTS In Athens today,..., between the contracting parties herein, on the one hand the Public Power Corporation, (hereinafter called Client or Corporation or PPC ), having its registered office in Athens, 30 Chalkokondyli Street, legally represented by Mr. and on the other hand, (hereinafter called Contractor ) having its registered office in, legally represented herein by Mr...., the following have been agreed upon and accepted without reservations: 30

31 ARTICLE 1. GENERAL PROVISIONS Language. This Contract has been executed in the English language which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract. All further communication between the parties as well as all reports related to this contract shall be executed and / or delivered in the English language Relation between the Parties Nothing contained herein shall be construed as establishing a relation of master and servant or of agent and principal as between the Client and the Contractor. The Contractor subject to this Contract has complete charge of Personnel performing the Services and shall be fully responsible for the Services performed by it or on its behalf hereunder Notices Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent by registered mail, or fax to such Party at the address / phone / of the respective authorized representative, as they are specified in paragraph 1.4 hereinbelow. In case of or fax transmission, such notice request or consent shall be deemed to have been delivered if a correct answer back or transmission okay message has been received and the relevant message has been sent by mail simultaneously Authorised Representatives Any action required or permitted to be taken, and any document required or permitted to be executed, under this Contract by the Client or the Contractor may be taken or executed by the officials specified hereafter: For the Client : Name: Address:.. Tel.:. Fax:. 31

32 For the Contractor : Name: Address:.. Tel.:. Fax:. ARTICLE 2. SCOPE OF SERVICES The services to be rendered by the Contractor include: The periodic verifications and maintenance of the natural gas metering stations at the Thermal Power Plants of PPC running on natural gas, located at Lavrion, Komotini, Aliveri and Keratsini (if needed), for a period of two years, starting on The initial verification and maintenance of any new natural gas metering stations, serving new PPC s Power Plants, that may be commissioned within the same as above time period of validity of the contract. More specifically, shall in all cases cover the following: Review / acceptance of the calibration certificates of standards to be used for the verification (they normally include dead weight testers, Gas Pressure Controller, Differential Pressure Controller, Standard Thermometers, certified Gas Mixtures etc.). Witnessing / monitoring of check and / or verification procedures for pressure / temperature / differential pressure transmitters, flow measurement instruments and gas quality determination equipment. Witnessing / monitoring of verification of gas volume conversion computers. Evaluation of results, computation of overall measurement line accuracy, recommendations on acceptability of results as well as for any actions that are required to be taken by the natural gas system operator relevant to the setup and operation of the metering stations. The methods to provide the above services are elaborated in further detail in the technical proposal submitted by the Contractor pursuant to inquiry DYKPM and are included, as Appendix A, in this Contract comprising an integral part thereof. ARTICLE 3. Reports The work of the Contractor shall be recorded and submitted to the Client in written reports within one calendar week after the completion of each calibration/verification. 32

33 All reports shall be fully substantiated on the basis of data and / or facts, including recommendations and/or remarks concerning future actions. ARTICLE 4. OBLIGATIONS OF THE CONTRACTOR 4.1. General. a. The Contractor shall perform the Services and carry out their obligations with all due diligence, efficiency, and economy, in accordance with generally accepted professional techniques and practices and employ appropriate technology and safe methods. b. Contractor and Client will cooperate on a continuous basis during the execution of the Contract and Contractor shall make available to the Client any and all interim reports and documents for review prior to finalization thereof. Project meetings, as necessary and/or appropriate, will take place at the premises of the Client. c. In the event that Services are not performed in accordance with the Contract, the Client shall give substantiated notice of the same to the Contractor. The Contractor shall, upon receipt of such notice, forthwith re-perform such Services in accordance with the Contract and at its own cost. d. The Parties agree that in the event of any re-performance of Services by the Contractor pursuant to ARTICLE 4. para. 1.c., any resulting extension of time shall be kept to a minimum and that the Contractor shall not be entitled to claim any escalation for Services delayed as a result of such re-performance Conflict of Interests. Neither the Contractor nor the Personnel thereof shall engage, either directly or indirectly, during the term of this Contract, in any business or professional activities in the Client s country, which would cause them to violate the terms of this Contract Confidentiality. The Parties, in addition to the present contract have also concluded and signed a Confidentiality Agreement, the provisions of which shall be applicable to all and any information provided by PPC to the Contractor pertaining to the work of this contract Contractor s Actions Requiring Client s Prior Approval. The Contractor shall obtain the Client s prior approval in writing before appointing such members of the Personnel not listed by name in Appendix A Reporting Obligations. The Contractor shall submit to the Client the reports and documents specified in the Contract in the form and within the time period set forth in the said Contract. 33

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