Krajowa Spółka Cukrowa S.A.

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Notification on invitation to tender offers - deliver containers for bulk sugar - in the mode of unrestricted negotiations

  1. THE ORGANIZER OF THE PROCEEDINGS
    Krajowa Spółka Cukrowa S.A. with its headquarters at 40 Kraszewskiego St. in Toruń (87-100), entered into the Register of Entrepreneurs run by the District Court in Toruń, its Commercial Division VII of the National Court Register under  number KRS 0000084678, with share capital fully paid up to PLN 990,677,758.00 NIP 956-10-40-51, referred to hereinafter also “Organizer” or “Employer”.
  2.  SUBJECT OF PROCEEDINGS AND ITS SCOPE
    The subject matter of the proceedings is the delivery of containers for transporting bulk sugar for Krajowa Spółka Cukrowa S.A. "Sugar Terminal" in Gdańsk, according to the specification, which makes up Attachment No. 1 to this Notification.
  3. PLACE, DATE AND MODE FOR SUBMITTING OFFERS
    3.1. A written offer shall be submitted to the headquarters of Krajowa Spółka Cukrowa  National Sugar Company S.A. in Toruń, by the deadline of 15.00 hours on 19/04/2019.
    3.2. If the offer is sent by post, it must reach the place indicated in point 3.1. by 15.00 hours on 19.04.2019.
  4. PLACE AND TIME OF OFFERS OPENING
    4.1. The offers will be opened at the headquarters of Krajowa Spółka Cukrowa National Sugar Company S.A. in Toruń, at 15:30 on 19/04/2019. Only representatives of the Organizer participate in the opening of the offers.
    4.2. Offers that are delivered or sent after the deadline will not be opened and will be returned immediately as rejected.
  5. DEADLINE FOR THE OFFER TO BE BINDING
    Tenderers will be bound by their offer for 90 days, starting from  the day of the deadline for submission of tenders.
  6. PLACE AND DATE FOR DELIVERY CONTAINERS
    6.1. Containers should be delivered to Division of Krajowa Spółka Cukrowa S.A. „Sugar Terminal” in Gdańsk,  34 Chodackiego street.
    6.2. Containers’ delivery in 2019/2020 in accordance with preliminary schedule specified in the  Attachment No. 1 to this Notification
  7. NECESSARY DOCUMENTS AND CONDITIONS REQUIRED FROM TENDERERS
    The Tenderer shall attach to their offer:
    7.1. The offer form, the template, which makes up Attachment No. 2 to this Notification,
    7.2. Declaration on contents which makes up Attachment No. 3 to this Notification,
    7.3. Declaration on contents which makes up Attachment No. 4 to this Notification,
    7.4. A current extract from the relevant Register of Entrepreneurs issued not earlier than 3 months before the deadline for submitting offers or a valid certificate on entry into the Central Register and Information on Business (printout from the CEIDG website),
    7.5. A power of attorney granted to the person, submitting an offer to act on behalf of the Tenderer, unless the offer is submitted by persons authorized to represent the Bidder on the basis of an extract from the Register of Entrepreneurs,
    7.6. A current certificate of the competent tax office head, confirming that the Tenderer is not in arrears with paying taxes, fees, issued not earlier than 3 months before the deadline for submission of offers,
    7.7. A current certificate from the relevant branch of the Social Security Plant (ZUS), confirming that the Tenderer is not in arrears with paying health or social security contributions, or a certificate that they obtained an exemption, deferring or spreading into instalments of outstanding  payments or suspending the full implementation of the decision of the competent authority issued not earlier than 3 months before the deadline for the submission of offers,
    7.8. A list of price-creating components, containing price breakdown into individual processes/scopes of deliveries,
    7.9. A schedule for the implementation of individual deliveries, including the date referred to Attachment No. 1 to this Notification,
    7.10. A specification of offered containers (including in particular: concept, technical description),
    7.11. References confirming experience in the delivery of containers in the last 5 years.
  8. REQUIREMENTS WHICH THE OFFER MUST FULFILL
    8.1. Each tenderer makes one offer.
    8.2. The organizer excludes the possibility for consortia to submit offers.
    8.3. The Tenderers indicate the date the offer was drawn up.
    8.4. The offer shall be made in a legible manner, in Polish or English.
    8.5. The offer must not contain corrections or deletions. All pages of the offer together with the attachments shall be numbered consecutively.
    8.6. All pages (sheets) are recommended to be bound (stitched) in a way that makes the document impossible to decomplete.
    8.7. The offer shall, in particular, include the documents referred to in point 7 of this Notification.
    8.8. Attachments, in particular documents referred to in point 7 of this Notification  are an integral part of the offer.
    8.9. The organizer does not accept partial offers. Tenderers are not allowed to exclude a part of the scope of works included in the specification, constituting Attachment No. 1 to this Notification.
    8.10. The organizer allows variant offers.
    8.11. The offer shall indicate the person authorized to contacts with regard to the proceedings, stating their phone numbers and e-mail addresses.
    8.12. The offer and attachments, including documents which are the offer’s components, shall be signed by persons authorized to represent the Tenderer and incur liabilities on the Tenderer’s behalf, stating their names and official positions.
    8.13. The remuneration indicated by the Tenderer in the Offer shall be expressed in a currency [PLN] or [EUR], with accuracy up to two decimal places (following the mathematical rules of rounding up or down). The Tenderer shall indicate the gross and net remuneration, as specified in the table of the tender form, and then, the total lump sum remuneration for carrying out the object of proceedings in gross and net amount.
    The lump sum remuneration given by the Tenderer in the Offer Form shall include all costs for carrying out the object of proceedings (including also the costs of materials and labour, training, equipment, facilities, and possibly of transport, unloading, supervision, any possible duties, taxes other than VAT, administrative fees, insurance premiums and other charges payable by the Tenderer, etc.). Krajowa Spółka Cukrowa S.A. assumes that the binding remuneration for carrying out the object of proceedings is the total net lump sum remuneration expressed in words.
    8.14 The offer shall be submitted in a closed and sealed envelope with the following words on it:
    “DO NOT OPEN - COMMERCIAL OFFER” - delivery of containers for transporting bulk sugar”.
    8.15. The offer shall be packed in a way preventing its contents becoming familiar until the offers are opened.
    8.16. The Tenderer’s details and their contact e-mail address for matters related to the proceedings shall be placed on the envelope. The Tenderer shall be responsible for the consequences of failing to draw up the envelope in the above-indicated manner.
  9. INFORMATION ON THE FORM OF THE REPRESENTATIONS AND DOCUMENTS SUBMITTED BY THE OFFERS
    9.1. The Tenderer shall file the declarations and documents in the original or in the form of photocopies certified as compliant with the original by persons authorized to make declarations of will on behalf of the Tenderer.
    9.2. If the Tenderer acts through an attorney, an original power of attorney or a copy thereof shall be attached to the offer, confirmed as compliant with the original in the manner indicated in point 9.1.
  10. MANNERS OF COMMUNICATION
    10.1. The person authorized to contact the Tenderers on behalf of the Organizer until the offers are opened is Marcin Kowalski - mail: marcin.kowalski@polski-cukier.pl
    10.2. The Tenderer may send a question to the Organizer, regarding the object of proceedings. Tenderer’s questions shall be sent until 15th April 2019, 3.00 PM to the following email address: marcin.kowalski@polski-cukier.pl.
    10.3. The Organizer reserves the right not to answer questions which are unrelated to the Notification or which have been submitted after the deadline for submitting questions by the Tenderers.
    10.4. Answers to questions shall be sent by e-mail to the e-mail address provided by the Tenderer.
    10.5. Any applications, notifications and information shall be sent by the Organizer to the email addresses indicated by the Tenderers.
    10.6. In particularly justified cases, at any time, before the deadline for submitting tenders expires, the Organizer may modify the content of the Notification. Information on such modifications shall be published on the Organizer’s website and additionally sent electronically to all Tenderers who submitted their offers prior to the modification and indicated an e-mail address (on the envelope) for contacts with regard to the proceedings. If such a Tenderer submits another offer, item 4.2 of this Notification shall be applied to the original offer.
    10.7. The Organizer may extend the deadline for submitting offers, in particular in the case when the Notification was modified. The information on the extension of the deadline for submission of Offers shall be published on the Organizer’s website.
  11. RULES AND MODE OF OFFER SELECTION
    11.1. The offer shall be selected from amongst the offers not liable to rejection.
    11.2. The offer shall be rejected if:
              11.2.1. it is submitted after the deadline assigned or in the wrong place,
              11.2.2. it does not contain the information and documents required by the Notification,
              11.2.3. it does not meet the requirements indicated in the Notification.
    11.3. Krajowa Spółka Cukrowa S.A. shall notify the Tenderer immediately on the rejection of the offer, indicating the reason for rejection.
    11.4. From the offers not subject to rejection, the offers qualified for negotiations shall be selected. The aim of the negotiations will be to find the best offer for Krajowa Spółka Cukrowa S.A. Negotiations will be held only with the selected Tenderers.
    11.5. It is planned to hold negotiations with Tenderers, starting from 13th May 2019; the specific date and place of negotiations will be given in the invitation to negotiations.
    11.6 After negotiations, the Tenderers shall submit final offers in the deadline indicated by the Organizer and in accordance with the requirements of the offer indicated in this Notification.
    11.7 Final offers may be re-assessed, in which case the Tenderer shall be released from the obligation to re-submit the documents referred to in points 7.4 - 7.8, provided that the data contained therein have not changed.
    11.8. The conclusion of the contract as a result of the proceedings shall take place once the best offer has been accepted and the decision has been made by the competent body of Krajowa Spółka Cukrowa S.A.
    11.9. The Tenderer whose offer was selected shall be informed in writing about the acceptance of its offer. Other Tenderers shall be notified in writing that their offers have not been selected.
  12. DISCLAIMERS AND ADDITIONAL INFORMATION
    12.1. The provisions of the 29th January 2004 Public Procurement Law shall not apply to these proceedings. The conditions of the proceedings have been laid down in this Notification.
    12.2. Krajowa Spółka Cukrowa S.A. reserves the right to use only a part of the offer.
    12.3. Krajowa Spółka Cukrowa S.A. reserves the right to a free selection of the offer.
    12.4. Without stating its reasons, Krajowa Spółka Cukrowa S.A. may refrain from conducting the proceedings or extend the deadline for submitting offers.
    12.5. Krajowa Spółka Cukrowa S.A. shall have the right to terminate the proceedings at any stage and not select any of the offers, without stating its reasons.
    12.6. Krajowa Spółka Cukrowa S.A. shall have the right to annul proceedings in part or entirely at any time, without stating its reasons.
    12.7. The Tenderer is not entitled to any claims against Krajowa Spółka Cukrowa S.A. for the rejection of its offer, failure to select its offer, withdrawal from conducting the proceedings, terminating the proceedings without selecting any offer or annulling the proceedings.
    12.8. The offer submitted in the proceedings becomes the property of Krajowa Spółka Cukrowa S.A. The Organizer is not obliged to disclose any information, regarding offers submitted in the proceedings.
    12.09. The concept from Attachment No. 1 will be available to Tenderers at a person authorized to contact Tenderers, indicated in point 10.1. in this Notification. Before obtaining the documentation, the Tenderer is obliged to submit a written statement, according to the template constituting Attachment No.  4 to this Notification. In this case, the Tenderer is relieved of the obligation to resubmit the statement at the time the offer is made.
    12.10. The Tenderer shall bear all its own costs related to the preparation and submission of the offer. The Organizer shall in no case be responsible for the costs incurred by the Tenderer in connection with the implementation of the local inspection, preparation and submission of the offer. The Tenderer shall not be entitled to any claims in this respect regarding Krajowa Spółka Cukrowa S.A.
  13. ADDITIONAL PROVISIONS
    13.1. The contract shall provide for contractual penalties to charge the Contractor in the case of:
             13.1.1. delays in fulfilling its obligations, arising from the performance of contract - at the amount not smaller than 0.2% of the total lump sum remuneration for each day of delay,
              13.1.2. delays in fulfilling guarantee obligations - at the amount not smaller than 0.2% of the total lump sum remuneration for each day of delay,
              13.1.3. withdrawal from the contract by the Employer for reasons attributable to the Contractor - at the amount not smaller than 20% of the total lump sum remuneration.
    Detailed arrangements in the case of imposing contractual penalties on the Contractor, as well as their final amounts shall be subject to negotiations.
    13.2. If the Employer incurs damage, exceeding the amount reserved for contractual penalties, the Employer shall have the right to seek supplementary compensation, on general terms.
    13.3. Invoices shall be issued based on the acceptance protocols signed by the Employer, provided for in the contract, containing the “no reservations” clause. The lump sum remuneration shall be paid on the basis of invoices delivered to the Employer.
    13.4. The Contractor will be fully liable for non-performance or improper performance of the contract.
    13.5. The contract’s language is Polish and Polish law is the applicable law.
    13.6. The general court in Toruń shall be competent to resolve any disputes.
    13.7. The manner and dates of remuneration payments shall be closely linked to the agreed schedule of project implementation and to the Employer’s accounting period (financial year), which lasts from 1st October to 30th September of the following year.
    13.8. In the case of concluding contracts with subcontractors, the Contractor shall be required to obtain the Employer’s written consent to conclude these contracts and to provide the Employer with copies thereof.
    13.9. The Contractor shall have the duty to take over works of subcontractors and suppliers. The Employer may take part in this process, and it shall be informed on its date in advance by the Contractor.
    13.10. The Contractor shall be obliged to present to the Employer the proof of having paid remuneration to the subcontractors. In the event of non-performance of this obligation, the Employer shall have the right to withhold current payments.
    13.11. The Contractor shall be responsible for actions of subcontractors and suppliers.
    13.12. In order to secure claims under a warranty for defects and under a quality guarantee, before signing the final acceptance protocol, the Contractor shall submit a security in the form of a deposit or a bank guarantee, which shall be unconditional, irrevocable, payable at the first request of the Employer, valid throughout the guarantee period, and for an amount not smaller than 5% of the Contractor’s net remuneration specified in the Contract.
    13.13. The Contractor shall buy insurance against civil liability “dedicated specifically for this investment project”, with insurance sum not lower than the value of the object of proceedings. A copy of this insurance policy shall make up an Attachment to this Contract.
    13.14. The Contractor and the Employer shall make available to each other personal data of entities cooperating with them, persons responsible for performance of the contract, i.e. among others, employees, persons employed based on civil law contracts or subcontractors, therefore becoming the controller of these data pursuant to the General Data Protection Regulation of 27th April 2016 (hereinafter: “GDPR”).
    13.15. The Contractor shall comply with the information obligation, resulting from Art. 14 of the GDPR on behalf of the Employer, and inform the persons concerned that their personal data are being processed by the Employer in connection with the performance of the contract.
    13.16. The Contractor shall perform the object of contract on time, in accordance with its best knowledge, construction standards in force, legal regulations and with the utmost professional diligence, as well as with the use of proper materials, in accordance with Polish standards, EU legal acts and the principles of technical knowledge.
    13.17. The Contractor shall be responsible for any necessary administrative arrangements required by Polish law with regard to carrying out the object of contract. This also applies to post-completion acceptances and acceptances by the Polish Office of Technical Inspection.

Regarding to “Notification on invitation to tender offers - deliver containers for bulk sugar - in the mode of unrestricted negotiations” the deadline for submitting the written offers has been extended till 1500 on 29/04/2019. The offers will be opened at1530 on 19/04/2019.

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