Terms of Reference (ToR)

Transcription

1 Terms of Reference (ToR) for the procedure of tender awarding under the tender procedure named: Delivery of glycols (No. 4P/POIR.0142/2018) as part of the Intelligent Development Operational Program, Competition 1/1.1.2/2016 Measure 1.1: R&D projects of enterprises Sub-measure 1.1.2: R&D works related to creating a pilot/demonstration installation Terms of Reference was also posted on the LOGINTRADE Purchasing Platform under the number Z 59/ and in the Competitiveness Base under number Tender is not covered by the Act of Public Procurement Law. It is not subject to protests and appeals. Page 1 of 9

2 The Employer: Grupa Azoty Zakłady Azotowe Kędzierzyn S.A. ul. Mostowa 30A Kędzierzyn-Koźle I. Subject of the tender The subject of the tender is delivery of: a) monoethylene glycol in an amount of 4.0 mt CN code: ; PKWiU code: ; CAS b) monopropylene glycol in an amount of 4.0 mt CN code: ; PKWiU code: ; CAS c) neopentyl glycol in an amount of 6.0 mt CN code: ; PKWiU code: ; CAS CPV Diols, polyols and derivatives. CPV Ethylene glycol. The tender is co-financed from EU funds under the Intelligent Development Operational Program, Competition 1/1.1.2/2016. Measure 1.1: R&D projects of enterprises Sub-measure 1.1.2: R&D works related to the creation of a pilot/demonstration installation. The Employer: allows partial bids, in terms of the type of offered product, does not allow variant offers. Grupa Azoty ZAK S.A. reserves the right to divide the subject of the tender and choose suppliers in the scope of particular types of the subject of the tender, i.e.: monoethylene glycol, monopropylene glycol and neopentyl glycol. II. Deadline for implementation Deliveries will be carried out between November 1, 2018 and November 30, IV. Significant conditions for the implementation of the subject of the tender 1) Quality requirements: a) Physicochemical requirements Monoethylene glycol: Parameter Requirements Monoethylene glycol content 99.5% Diethylene glycol content typically 0.09 Colour on the Pt-Co, Hazen scale 10 Page 2 of 9

3 Density at 20 C, g/cm Content of acids as acetic acid,% (m/m) typically Chloride content Appearance Colorless, clear, oily liquid Water content 0.2 % Monopropylene glycol: Parameter Requirements Monopropylene glycol content 99.5% Colour on the Pt-Co, Hazen scale. 10 j Hz Density at 20 C, g/cm Water 0.2 % Acidity,% (m/m) mpeq/g Chloride content Appearance Colorless, clear, oily liquid Neopentyl glycol: Parameter Requirements Neopentyl glycol content 99 % The hydroxyl number, not less than The acid number, no more than Humidity, no more than 1065 mg KOH/g 0.1 mg KOH/g 0.3 % (m/m) Melting point, within limits C Colour (50% solution), no more than 10 Hazen b) General requirements 1. Packaging: a) monoethylene glycol l containers; b) monopropylene glycol l containers; c) neopentyl glycol - big-bags/bags of 25 kg on pallets. 2. Delivery base: CIP Kędzierzyn-Koźle (PL47-220), Grupa Azoty Zakłady Azotowe Kędzierzyn S.A., Jednostka Biznesowa Oxoplast. Page 3 of 9

4 V. Additional information 1. Additional information on the implementation of the tender can be provided on working days between 8.00 am and 2.00 pm by Mr. Jerzy Rajski phone no , 2. In technical matters, additional information can be provided on working days between 8.00 am and 2.00 pm by Mr. Lech Janik, phone no , mobile: , 3. Information on procedural matters is provided by Mr. Łukasz Jabłoński contact telephone number: , VI. Exclusion from the procedure The following bidders will be excluded from the contract award procedure: 1. bidders who during the last three years prior to the commencement of the proceedings caused damage to the Azoty Group by failing to perform or improperly performing the order, or participated in an auction organised by the Azoty Group and did not confirm the price after winning the auction or did not sign/perform the contract; 2. bidders who are parties to a dispute with Grupa Azoty ZAK S.A. regarding property claims at the date of the bid (regardless of the basis of liability of these entities); 3. bidders whose liquidation have been initiated or who have been declared bankrupt and bidders who, after the declaration of bankruptcy, have concluded an arrangement approved by a final and valid court order, provided that the arrangement provides for the satisfaction of creditors through liquidation of the bankrupt s assets; 4. bidders who are natural persons, legal persons whose current members of the management authorities have been convicted of corruption, economic crime or other crime committed for financial gain, or who have caused harm to the Company, as confirmed by a court judgment or other ruling of a competent authority or an insurer; 5. bidders who have not submitted the required statements or did not meet other requirements specified in the ToR or other document that defines the requirements for bidders participation in the tender procedure, despite a prior request by the Contracting Entity to meet such requirements; 6. bidders who have carried out activities related to the preparation of the pending procedure or used, in order to prepare a bid, persons involved in these activities, with the exception of the Azoty Group companies and authors of the local zoning plans, if the subject of the contract award procedure involves design works based on the local zoning plans prepared by these authors; 7. bidders who have submitted false information that affects the outcome of the proceedings; 8. bidders who are related personally and through capital with the Contracting Entity. Capital or personal relations are understood as the mutual relations between the Contracting Entity or persons authorised to incur liabilities on behalf of the Contracting Entity or persons performing on behalf of the Contracting Entity activities related to the preparation and implementation of the bidder selection procedure, and the bidder, involving in particular: 1) participating in the company as a partner in a partnership; 2) holding at least 10% of shares or stocks; Page 4 of 9

5 3) performing the function of a member of the supervisory or management body, a commercial proxy, a proxy; 4) being married, related by kinship or affinity in a straight line, second-degree kinship or second-degree affinity in the lateral line or related by adoption, custody or guardianship. The fulfilment of the condition for participation in the procedure, referred to in section 8, is verified on the basis of the declaration of the bidder, constituting Appendix No. 1 to the ToR. VII. Conditions for participation in the tender procedure Only the entities that have fulfilled the following conditions will be allowed to participate in the procedure: 1. they are not excluded under section VI of the ToR, and they attach the bidder s statement presented in Appendix No. 2 to the ToR; 2. they have the necessary qualifications to perform a specific activity or activities, if the regulations impose an obligation to have such qualifications verification of the fulfilment of the condition for participation in the proceedings is based on the bidder s statement; 3. they have the necessary knowledge and experience as well as economic and technical potential and employees capable of executing the order verification of the fulfilment of the condition for participation in the proceedings is based on the bidder s statement; 4. their financial standing guarantees the execution of the order verification of the fulfilment of the condition for participation in the proceedings is based on the bidder s statement; 5. no bankruptcy/liquidation proceedings have been initiated against them or their bankruptcy/ liquidation has not been declared verification of the fulfilment of the condition for participation in the proceedings is based on the bidder s statement; 6. they are not in arrears with paying taxes, fees or social security or health insurance contributions verification of the fulfilment of the condition for participation in the proceedings is based on the bidder s statement; 7. they have a valid policy or other document confirming that the bidder is insured against public civil liability related to the subject of the contract verification of the fulfilment of the condition for participation in the proceedings is based on the bidder s statement. VIII. Content of the bid The bid meeting the requirements specified in the ToR is to be prepared per the template attached as Appendix No. 3 to the ToR. The Contracting Entity advises that the procedure will be conducted in Polish and in English. In the case of participation of foreign entities in the tender, the documents are submitted in Polish or in English. The following documents must be attached to the bid: 1. quality specification of the product offered; Page 5 of 9

6 2. product safety data sheet with REACH number (MSDS); 3. registration documents of the entity submitting the bid; 4. power of attorney, if the attorney is appointed the original or a photocopy certified as a true copy by a person authorised to certify documents; 5. Bidder s statement on the lack of personal and capital relations attached as Appendix No. 1 to the ToR; 6. Bidder s statement attached as Appendix No. 2 to the ToR; 7. Bidder s statement to the effect that: a) the bidder has read the information clause for bidders, attached as Appendix No. 4 to the ToR; b) the bidder agrees to make the content of the information clause available to all persons whose personal data are provided to the Capital Group Companies Grupa Azoty S.A. based on the provisions of this clause; c) the bidder is not excluded from the procedure under section VI of the ToR; d) the bidder accepts the Terms of Contract presented by the Contracting entity, attached as Appendix No. 5 to the ToR; e) the bidder has the necessary qualifications to perform a specific activity or activities, if the regulations impose an obligation to have such qualifications; f) the bidder has the necessary knowledge and experience as well as economic and technical potential and employees capable of executing the order; g) the bidder s financial standing guarantees the execution of the order; h) no bankruptcy/liquidation proceedings have been initiated against the bidder and the bidder s bankruptcy/liquidation has not been declared; i) the bidder is not in arrears with paying taxes, fees or social security or health insurance contributions; j) the bidder has a valid policy or other document confirming that the bidder is insured against public civil liability related to the subject of the contract. The required statements may be submitted together in a single document. The bid and statements should be signed by authorised representative/representatives of the bidder. The costs related to the preparation of the bid shall be borne by the Bidder. IX. Submitting the bids The bid in Polish or in English, meeting the conditions set out in the ToR, should be submitted in a sealed envelope marked with the name and address of the company submitting the bid with the following note: TENDER Supply of glycols do not open. The bid should be sent to the address of Grupa Azoty Zakłady Azotowe Kędzierzyn S.A. or delivered by hand to the Main Mailroom, building No. 110, room No. 4 (building of the General Management of Grupa Azoty Zakłady Azotowe Kędzierzyn S.A.) by at Bids received after the specified date will be sent back to the bidders unopened. If the bid is sent by post or courier, it will be considered as submitted on time if it is delivered to the Company by at The full risk of non-delivery of the bid by the specified date rests with the bidder. Page 6 of 9

7 Note The Contracting Entity allows submission of bids in electronic form via the Logintrade Procurement Platform, however, the proper form for submission of a bid is in writing, as specified above. The bidder who submits a bid only in electronic form via the Logintrade Procurement Platform will be summoned by the Contracting Entity to immediately submit the bid in writing. X. Opening the bids The opening of the bids, without the participation of bidders, will take place after the date for submission of tenders. XI. Selection of the bids and selection criteria 1. The Contracting Entity will verify the bids in terms of the requirements specified in the Terms of Reference. In the case of any deficiencies or inconsistencies in the bid and failure to submit all the required documents, the bidder will be notified about the possibility of supplementing the bid within the prescribed period. The bidders may be also requested to provide explanations related to the content of the bid. Bids that do not meet the requirements, including quality requirements (cannot be supplemented or have not been supplemented) will be rejected. 2. Bids that have not been rejected will be evaluated based on the following criteria and percentages: price - 95%; payment period - 5%. 3. The bids will be evaluated using the following formulas. a) in terms of the price criterion, the bid with the lowest net price in PLN will be awarded the highest score. Scores will be awarded based on the index calculated in accordance with the formula: W c = [C min /C r ] x 100 x 95% where: W c score for the reviewed bid under the Price criterion, C min price of the cheapest bid, C r price of the bid under consideration, b) in terms of the payment period criterion, the bid with the longest payment period will be awarded the highest score. Scores will be awarded based on the index calculated in accordance with the formula: W t = [T r /T max ] x 100 x 5% where: W t score for the reviewed bid under the Date of payment criterion, T r payment period in the reviewed bid, T max the longest payment period. Page 7 of 9

8 The total score for each bid will be calculated using the following formula: W oferty = W c + W t 4. The Contracting Entity will qualify five bidders, whose bids have met the requirements presented in the ToR and who have obtained the highest scores based on the criteria for the selection of bidders, for participation in the negotiation stage. In the case of a smaller number of bids, the Contracting Entity will qualify all bidders whose offers have met the requirements presented in the ToR. 5. The payment period will be agreed during direct/written negotiations. 6. Price negotiations will be conducted in the electronic auction mode. The bidder is bound by the last bid made in the course of the electronic auction, even if the bid has been outbid by another bidder. In the absence of a bid made in the course of the auction, the bidder will be bound by the original bid. After the auction, the bidder is obliged to confirm the final price of the bid. The final price cannot be higher than the price offered during the electronic auction. A bid made in the course of the auction ceases to be binding, if any bidder submitted after the auction, but before the final decision of the Tender Committee, a bid that is more advantageous to the Contracting Entity. In this case, the Committee will request that all bidders participating in the current stage of the procedure submit their final bids in writing, subject to section If the auction fails to bring the desired effects, the Contracting Entity allows the possibility of conducting further price negotiations with the bidders, either directly or in writing. 8. A bid which presents the most advantageous balance of the tender evaluation criteria after the negotiations, i.e. it receives the highest score based on the set criteria, will be considered the most advantageous. 9. Based on the outcome of the evaluation of bids, the Contracting Authority will select the bidder with whom the Contracting Entity will conclude a contract for the performance of the contract. XII. Communication between the Contracting entity and the bidders submitting statements and documents after the bids have been opened 1. Any and all statements, requests, notices, information, etc., hereinafter referred to as correspondence, will be submitted by the Contracting Entity and the bidders in writing. For the bidder, the correspondence will be signed by persons authorised to represent the bidder. 2. The Contracting Entity allows sending correspondence by electronic means as a scan to the following address: lukasz.jablonski2@grupaazoty.com. 3. Supplement/adjustment to the bid made at the request of the Contracting Entity will be submitted by the specified date in the form mentioned under section 2, and the original will be sent by mail to the address of Grupa Azoty Zakłady Azotowe Kędzierzyn S.A., for the Tender Office. XIII. The bid binding force The bid binding period is 60 days. The period starts when the date for submission of offers expires. The bidders will be notified in writing of the outcome of the tender within 14 days of the date of resolution of the tender. Notification of the selection of the bidder as the contractor does not constitute a contract between the parties. Page 8 of 9

9 XIV. Disclaimer: Grupa Azoty Zakłady Azotowe Kędzierzyn S.A. reserves the right to freely select any bid based on the criteria specified in the Terms of Reference, not to select any bid and close the tender without giving reasons, revoke the tender before the date for submitting bids or before opening bids without giving reasons, change the terms of the tender specified in the ToR at any time, conduct additional negotiations with selected bidders and cancel the tender without giving reasons. Page 9 of 9