DRADANA NOVAKOVLC, Sworn to Court Lnterpreter - PDF document

DRADANA NOVAKOVLC, Sworn to Court Lnterpreter Belgrade 11000, Njegoševa No. 73 Phone (++381 11) 2451517 E - mail : dkrsPicnoQMkoQic @gmMilBcom CERTIFIED TRANSLATION FROM SERBIAN INTO ENGLIS I ================= ========================================= Purchaser: Lnstitute for Orthopedic - Surgical Deceases “Banjica” Address: Mihajla Avramovića 28 Place: Belgrade Decree no: L - 416/3 Dated: April 9, 2014 LNVLTATLON COR BLDDLND With enclosed Negotiation Terms in the negotiation procedure without a prio r public notice Pursuant to, the Article 36 paragraph 1, part 3 of the Law on Public Procurement (“Official Dazette RS” no. 124/2012) announced for supply of BONE TLSSUE CEMUR DLSTAL RLDIT for SRDJAN PETROVLĆ , the patient. The supply procedure for the bon e tissue femur distal right for a patient Srdjan Petrović, file no. JN 24/2014 is being conducted and implemented in accordance with the Article 36, paragraph 1, part 3 of the Law on Public Procurement (“Official Dazette RS” no. 124/2012 . ) The Bone tissue is necessary for carrying out a planned and exigent operation of the patient Srdjan Petrović and which decision has been reached by Transplantation Board at the Lnstitute for Orthopedic - Surgical Deceases “Banjica” at the time when it was decided about con tinued tr eatment by implementation of bone tissue and surgical operation planned to follow immediately after completion of the chemotherapy which the patient is undergoing at the moment. Planned supply of the bone tissue for cancer patients is not possible because of various reasons (it is not possible to make a complete precise specification of required processing since the cancer patients are very spe cific and special as well as the bone tissue transplantation that differs in their types and sizes in rega rd of the case). Lnstitute for Orthopedic - Surgical Deceases “Banjica represents a tertiary health care institution offering its medical services to patients with most serious deceases. One of the medical services and treatments conducted at the Lnstitute i s the treatment of cancer patients. The Purchaser addressed to the Public Procurement Department for its opinion referring to justific ation of applying the negotiation procedure. On March 13, 2014, the Public Procurement Department sent their positive opin ion on the merits of t he application of the negotiation procedure pursuant to the Article 36, paragraph 1, part 3 of the Law on Public Procurement (“Official Dazette RS” no. 124/2012) , no. 404 - 02 - 866/14 of March 13, 2014, by which the Lnstitute “Banjica” h as been issued a permission for implementation of negotiation procedure without announcement of public bid in accordance with the Article 36, paragraph 1, part 3 of the Law on Public Procurement which is recorded and filed by the Purchaser with no. 119/10 of March 19, 2014. The announcement was published on the Public Procurement website, the internet presentation LOIB “Banjica” was sent by e - mail to the bidder: Lnstitute Rizzoli Bolognia Ltaly. Specification of needed bone tissue which is to be supply and referring to descriptions and quantities is enclosed. Pursuant to the all previously mentioned , the Purchaser will submit the following: LNVLTATLON COR BLDS You are invited o n the day of April 29 th 2014 to place a bid (submit an offer) for goods accor ding to the specification, and opening of the negotiations will take place on the same day (opening is at 1:45 pm, negotiations start at 2:00 pm). Negotiations will be carried out immediately upon placement and review of bids by placing offers in 2 cycles. The negotiation process may be accessed by legal councils of companies or other authorized persons who are holders of a company’s seal or its power of attorney which must specify:  That they are authorized to act in the name and on behalf of a bidder in th e negotiation procedure with the provision that they are entitled to act respectfully :  That they may o ffer any price lower than the total price specified in the bidder for specific supply;  Sign, confirm and certify any correction of arithmetic or other err ors that do not affect the validity of an offer. Any Power of Attorney must have its number, a date, signature of a competent person and company’s seal. Prior to beginning of a negotiation procedure, Commission for Public Procurement will review and evalua te tenders in order to determine their validity and accuracy. The Commission for Public Procurement will correct any possible arithmetic errors assuming that unit price is correct and accurate and that eventual aggregate price may be corrected. Prior to co ntinuation of bidding process, Commission for Public Procurement will invite the bidder to confirm any possible correction with his signature. This will be properly recorded in a memorandum for bidding. Lf the bidder does not agree with the corrections, Co mmission for Public Procurement will reject such a bid as invalid. NEDOTLATLON PROCEDURE WLLL BE LMPLEMENTED BY “PRLCE” CRLTERLA ELEMENT Negotiati on procedure will be implemented by Commission for Public Procurement. The Commission previously confirms who is entitled to take part in negotiation (authorized or personally presented counselors). The Commission’s for Public Procurement President will introduce the participants with negotiation procedure and procedure rules. The negotiation procedure will be h eld in 2 cycles when the bidders will place their tenders in closed boxes twice. Bidders will receive the forms where they will put down a total price without VAT. Bidders may confirm the offered price at opening of tenders or decrease the total amount of the price. During negotiation procedure, any bidder may only correct the total price of offer which is announced in the tender opening procedure, by offering a new - lower total price in accurately defined amount. Reduced price cannot refer to Cunds for Cee s and Charges and later possible requests of the Purchaser. Bidders deliver filled forms in sealed envelopes to the Commission. After the first round of tendering in closed env elopes, the Commission opens the envelopes and announces the offered prices. Aft er the first round, there will be tendering for criteria element according to the same principle one more time. Bidders are required , immediately after completion of negotiation procedure, to put down in the form they received from the Purchaser in negotia tion procedure their final bidding price being signed and certified by any person authorized by the bidder and also fill the form with price corrections if any upon the negotiation procedure being closed. The Purchaser will record the negotiation process i n minutes on negotiations. LNSTLTUTE’S DLRECTOR ____________________ Prof. Dr Slobodan Slavković Corm no. 1 LNCORMATLON ABOUT BLDDER Public Procurement in the negotiation procedure without prior public notice in accordance with the Article 36, paragraph 1, part 3 of the Law on Public Procurement (“Official Dazette RS” n o. 124/2012) for supply of BONE TLSSUE CEMUR DLSTAL RLDIT for SRDJAN PETROVLĆ , the patient. Name of bidder: Bidder’s address: Authorized person (the contractor): Contact person: Contact phone: E - mail: Cash account: Bidder’s registration no. Ta x identification no. Date: Seal: Authorized signature --------------------- --------- ---------------------- Corm no. 2 Pursuant to the Article 39, paragraphs 1 and 6 and in connection with Articles 26 and 29 of the Law on Public Procurement (“Official Dazette RS” no. 124 of December 29, 2012), we give the following sta tement: DECLARATLON OC AN LNDEPENDENT OCCER Bidder hereby under penalty of pe rjury confirms that he submits a bid independently, without consulting with other bidders or interested persons. Belgrade , _ ___________________2014 Authorized person’s or bidder’s signature Seal __________________________________ Corm no. 3 Pursuant to the Article 39, paragraphs 1 and 6 and in connection with Articles 26 and 29 of the Law on Public Procurement (“Of ficial Dazette RS” no. 124 of December 29, 2012), we give the following statement: STATEMENT ON CONCLLCT OC LNTEREST The b idder hereby under penalty of perjury confirms that there is no conflict of interest as well as that any relationship existing be tween the Purchaser and bidder cannot affects the Purchaser’s impartiality at making decisions in procurement procedures, namely that:  Lt doesn’t exist any relationship between the Purchaser’s counselor or other relevant person and potential bidders/appli cants that may affect the Purchaser’s decision in procurement procedure;  Purchaser’s counselor or other relevant person ca nnot take part in instructing potential bidders/applicants;  Commission members, or the Purchaser’s counselor or other relevant person cannot possess more than 1% stake, or in other words, the shares of potential bidders/applicants ;  The Purchaser’s counselor or other relevant person cannot be employed or engaged by potential bidders/applicants neither can they be involved in doing mutual business;  Pursuant to the Article 3, paragraph 1, part 11 of the Law, related parties of this Statement are deemed to be: spouses, common - law partners, the first - line blood relatives, and consanguinity in the collateral line up to the third degree of consa nguinity, adopter and adoptee, parties with transferred management rights and persons who legally deal with corporate profit taxes. Belgrade_______________2014 Seal Bidder’s authorized s i gnature ________ __________________ Corm no. 4 Pursuant to the Article 75, paragraph 2 of the Law on Public Procurement (“Official Dazette RS” no. 124 of December 29, 2012), we give the following statement: DECLARATLON ON COMMLTMENTS We ex plicitly declare that we have respected all obligations arisin g from regulations defining safety at work , employment and working conditions, protection of environment and we also guarantee that we are holders of intellectual property rights. Belgrade_ ______________2014 Seal Bidder’s authorized signature __________________________ Corm no. 5 Pursuant to the Articles 61, 75, paragraph 1 part 5 of the Law on Public Procurement ( “Official Dazette RS” no. 124 of December 29, 2012), we give the following statement: STATEMENT ON COMPLLANCE WLTI REQULREMENTS TAKLND PART LN TIE NEDOTLATLON PROCEDURE JN NO. 24/2014 ANNOUNCED WLTIOUT PRLOR PUBLLC NOTLCE PURSUANT TO TIE A RTLCLE 36, PARADRAPI 1, PART 3 OC TIE LAW ON PROCUREMENT (“OCCLCLAL DAZETTE RS”, NO. 124/2012) COR SUPPLY OC BONE TLSSUE CEMUR DLSTAL RLDIT COR SRDJAN PETROVLĆ, TIE PATLENT L hereby declare acting in the capacity of an autho rized Counselor of the Bidder that we are familiar with all requirements and conditions of the negotiation procedure JN no. 24/2014 without announcement of a prior public notice in accordance with the Article 36, paragraph 1, part 3 of the Law on Public Pr ocurement (“Official Dazette RS” no. 124/2012) for supply of BONE TLSSUE CEMUR DLSTAL RLDIT for the patient named SRDJAN PETROVLĆ . We hereby u nder penalty of perjury confirm to fully meet the requirements defined by the Article 75 of the Law on Public Procurement. Note: Lt is necessary to enclose to the bid: - Decision passed by ALLMS for permission to circulation of goods on offer. - Decree issued by Ltalian Iealth Department for trading in medical devises. Lf the proves defined by the Article 77 of the Law cannot be obtained in the country where the bidder has its headquarters, then instead of such an evidence, any dec laration issued under penalty of perjury and certified by the judicial and administrative authorities, or by notary public or any other authorized competent body of the state, may be enclosed. Belgrade_______________2014 Seal Bidder ’s authorized signature __________________________ Corm no. 6 CORM OC SPECLCLCATLON OC DOODS WLTI PRLCE STRUCTURE Cor delivery of BONE TLSSUE CEMUR DLSTAL RLDIT COR TIE PATLENT SRDJAN PETROVLĆ No. 1 Product name 2 Price in Euro 1 Cemur distal right for the patient named Srdjan Petrović 2 Dry ice (12 kg) 3 Packing 4 Lt alian health clearance 5 Stamp 6 Courier 7 TOTAL Lt is necessary to enclose: - Decision passed by ALLMS for permission to circulation of goods on offer. - Decree issued by Iealth Department of Republic of Serbia for tradi ng in medical devises. Lf the proves defined by the Article 77 of the Law cannot be obtained in the country where the bidder has its headquarters, then instead of such an evidence, any declaration issued under penalty of perjury and certified by the judici al and administrative authorities, or by notary public or any other authorized competent body of the state, may be enclosed. Belgrade_______________2014 Seal Name and surname of authorized person __________________________ _______ Authorized person’s signature _________________________ Corm no. 7 Based upon the announcement for bidding in the negotiation procedure JN no. 24/2014 without announcement of a prior public notice in accordance with th e Article 36, paragraph 1, part 3 of the Law on Public Procurement (“Official Dazette RS” no. 124/2012) for supply of BONE TLSSUE CEMUR DLSTAL RLDIT for the patient named SRDJAN PETROVLĆ , we hereby enclose the following: OCCER No.______________ 1.1. Commercial Data of the Offer - Table 2. Delivery time is ________________ calendar days from the day of entry in to force of t he contract (no more than 15 days ). 3. Cor implementation of the public procurement we engage ____________ ( ________ ) the producer in words (please write down the number of the producer). 4. Ln addition to the offer, we hereby enclo se attachments and proofs requested by tender documentation. 5. Validity of the offer lasts ________ ( __________________ ) days following the date of opening the bids in words (not less than 30 days). 6. Method of payment: payment will be 100% in advance. Belgrade_______________ Seal Name and surname of authorized person _________________________________ Authorized person’s signature _________________________ Total value of the offer in Euro without VAT Expressed in words VAT Total value of the offer in Euro with VAT included Expressed in words Corm no. 8 PATTERN OC COSTS COR PREP ARLND BLDS By filling this form the bidder may express costs of preparing the tender which consists of costs f or acquisition of security funds (guarantees) . Ln case of suspension of the public procurement procedure for any reason of the Purchaser, the Purchaser is obligated, pursuant to the Article 88, paragraph 3 of the Law on Public Procurement, to reimburse to the bidder all j ustified and reasonable costs as well as costs for acquisition of security funds (guarantees) if the bidder has requested so defined compensations in his offer/bid. The Purchaser preserves the right to control the stated costs by review of actual invoices and relevant evidences. This form is not required to be attached. Belgrade_______________ 2014 Seal Signature of authorized person _________________________________ Dated: ________________ Authorized person’s signature _________________________ Seal: Type of costs The amount of costs 1. 2. 3. 4. 5. 6. DRADANA NOVAKOVLC, Sworn to Court Lnterpreter Belgrade 11000, Njegoševa No. 73 Phone (++381 11) 2451517 E - mail : dkrsPicnoQMkoQic @gmMilBcom CERTIFIED TRAN SLATION FROM SERBIAN INTO ENGLIS I ========================================================== Corm no. 9 M ODEL CONTRACT Model Contract must be filled by the bidder (only the first and second pages are t o be filled), all the pages have to b e signed and certified by his seal and his signature at the end; having done so, he acknowledges that he has understood all the elements of the Contract and agree with them fully. Any additional text prior to the first page which contains all basic informa tion and data about the bidder and his company being composed by the bidder is forbidden. C O N T R A C T COR SUPPLY AND DELLVERY OC BONE TLSSUE CEMUR DLSTAL RLDIT COR TIE PATLENT SRDJAN PETROVLĆ JN NO. 24/2014 Collowing the completion of the negotiation procedure JN no. 24/2014 without announcement of a prior public notice in accordance with the Article 36, paragraph 1, part 3 of the Law on Public Procurement (“Official Dazett e RS” no. 124/2012) The Contract is signed in Belgrade on __________________ between PURCIASER: Lnstitute for Orthopedic and Surgical Deceases “Banjica”, Belgrade, Mihaila Avramovića 28, registration no. 7035900, Tax Ldentification no. 100221390, a ccount no. 840 - 273661 - 56, Represented by the Director: Prof. D r Slobodan Slavković, (hereinafter as “ Purchaser ”) BLDDER: ______________________ _, registration no. _____________ Tax Ldentification no. _______________ account no. _________ Repr esented by the Director ____________________________ (hereinafter as “ Supplier ”) Contracting Parties hereby agree: - That the Purchaser pursuant to the Article 36, paragraph 1, part 3 of the Law on Public Procurement (“Official Dazette RS” no. 124/2012 - hereinafter as ZJN) and Decision no. 404 - 02 - 866/14 dated March 13, 2014 brought by the Public Procurement Department , and filed at the Purchaser under no. 119/10 of March 19, 2014, carried out the negotiation procedure without announcement of prior public notice, for procurement of a product - BONE TLSSUE CEMUR DLSTAL RLDIT COR TIE PATLENT SRDJAN PETROVLĆ. - That the Supplier on ______________________ 2014 place s the bid filed with no. ____________ of _ _______________ year (the bidder writes down his file no. and date), which is recorded and filed at the Purchaser under no. _________ of ___________ year (Bidder writes down this information, which is considered as an integral part of the Contarct (Annex 1). - That the Purchaser has chosen, on the basis of the Supp lier Offer/Bid and Decison on awarding the Contract file no. ________________ dated ____________ 2014 (the Bidder does not provide this information), the Supplier for supply and delivery of the product defined in the tender documents. SUBJECT TO CONTRACT Article 1 Subject to the Contract is the supply of the product - BONE TLSSUE CEMUR DLSTAL RLDIT COR TIE PATLENT SRDJAN PETROVLĆ in compliance with the tender documents and technical requirements, that is, technical specifications being an in tegral part of the Contract. PROCUREMENT VALUE Article 2 Contract price consists of : Purchase price of goods - purchase of BONE TLSSUE CEMUR DLSTAL RLDIT COR TIE PATLENT SRDJAN PETROVLĆ pursuant to the Article 1 of the Contract, VAT not included, in amo unt Of _________________________________________________ RSD  VAT in amount of _________________________ RSD  Total Contract Price _______________________ RSD  Ln writing: ______________________________________________________________ RSD Contract price he rein defined is fixed. PRLCE STRUCTURE Article 3 Price structure has been detrmined after completed ne gitiation procedure definig thus price for individual items in accordance with the bid/offer of the bidder, specification with price structure and it will be applied according to the data included in the table. PAYMENT DYNAMLCS AND METIODS Article 4 All payment for the Contractor in accordance with the Contract will be carried out by the Purchaser. Contractin g Parties agree to pay to the Contract or the agreed amount defined in the Article 2 herein as follows: Payment will be in advance according to the submitted Estimate. Article 5 Contract price defined in the Article 2 of the Contract represents the value of completed business in the scope of certain provisions of the Contarct. Contract price shall mean: - Supply and delivery of BONE TLSSUE CEMUR DLSTAL RLDIT COR TIE PATLENT SRDJAN PETROVLĆ agreed and according to the con tent of the submitted offer/bid. DEADLLNE Article 6 The Bidder is o bliged to deliver goods within ___________________ calendar days from the date of entry into force of the Contract (but no longer than 15 days). Lf the Purchaser finds that the Contractor does not follow the business dynamics and if upon a duly warning in writing and after 5 days he has been delivered such a warning he fails to realize that delay in realization of business has been compensated, the Purchaser has the right to terminate the C ontract, introduce another contractor and make payment of guarantees and advance payment for well - done business. Lf such a case occurs as described in the previous paragraph, t he costs of hiring another contractor shall be borne by the contracting first Contractor . Article 7 Lf the Contractor does not perform the deli very in time defined by the Article 6 herein, he is obliged to pay a penalty to the Purchaser in amount of 5% (five percent) daily of the total value of contracting services, up to the maximum deduction of 10% (ten percent) of contracting price. CONTRACTOR ’ S RESPONSLBLLLTLES Article 8 Contractor is obliged to:  Perform business activities defined by the Article 1 herein in accordance with the provisions of the Law on Medicines and Medical Devices (“Official Dazette RS”, no. 36/09).  Provide on behalf of the Purchaser all conditions for uninterrupted use of goods, which will be delivered.  Make the delivery stipulated by the Article 1 herein within the deadlines defined by Article 6 of the Contract . The Contractor is required to comply with previously defin ed obli gations as well as with written instructions of the Purchaser. Lf the Contractor fails to comply with the obligations and instructions of the Purchaser, the Purchaser is entitled to terminate the Contact and introduce another contractor and make pay ment of guarantees for well - done business. Ln the case of the previous paragraph, t he costs of hiring another contractor shall be borne by the contracting first Contractor . Article 9 Content and delivery must be consistent with the technical requireme nts of the Purchaser defined in Part LL of Tender documents, and conditions and legal regulations. Article 10 The Contractor is obliged pursuant to the Article 1 herein to deliver BONE TLSSUE CEMUR DLSTAL RLDIT COR TIE PATLENT SRDJAN PETROVLĆ in accor dance with the contents of the offer/bid. With the delivery of prosthesis components, the Contractor agrees to deliver for each type of components separate Decision s issued by the Agency for Placing on the Market previously named prothesis. With the deliv ery of prosthesis components, the Contractor agrees to deliver for each type prothesis coresponding catalog records. Article 11 The Contractor agrees, without receiving a written confirmation from the Purchaser, that he will not during the implementat ion of the Contract make available documentation and informaton referring to the business subject to this Contract to any third parties either as a whole or in parts. Contracting Parties will treat as confidential all technical data and information support relating to this Contract. All documents, instructions and other information relating to this Contract the Contractor will use exclusively for fulfiling contarcting obligations. Article 12 The Contractor is required to strictly adhere to the obligati ons defined in the previous Article herein. Ln case he fails to do so, the Purchaser has the right to terminate the Contract; he is entitled to compensation to any damage and payment of bills for good performance. Article 13 Contractor - Bidder is respo nsib le for safety and quality of products delivered - BONE TLSSUE CEMUR DLSTAL RLDIT COR TIE PATLENT SRDJAN PETROVLĆ. Upon receipt of delivery by the Purchaser, the Contractor is required to make available all evidences confirming quality of goods. PURCIASER'S RESPONSLBLLLTLES Article 14 Purchaser is re quired to provide for the Contractor access to documentation necessary for implementation of business activities defined in the Article 1 herein. Purchaser is required to provide an expert control and monitoring during handover of goods. Article 15 L f the Purchaser withdraws during implementation of business activities defined in the Article 1 herein, he is obliged inform the Contractor in writing about his withdrawal and to reimburse all costs and expenditures the Contractor suffered following the da y when he received withdrawal notice. MLSCELLANEOUS Article 16 Lf data and information and provisions specified in any document representing an integral part of this Contract differ from data and information specified in the text of the Contract, t he app licable is text of this Contact which prevails. Article 17 Any disputes that may arise regarding the Contract - Contracting Parties will try to resolve amicably, and otherwise it will be provide d the jurisdiction of Commercial Court in Belgrade. Article 18 The Contract shall enter into force when it is signed by all Contracting Parties, namely when the Contractor deliver to Purchaser a bank guarantee for good performance. The Contract may be replaced only by written Annex signed by authori zed and competent persons acting in the name of Contracting Parties. Everything that is not governed by the provisions of this Contract the provisions of the Law on Obligations will be applied. Article 19 Contracting Parties jointly declares that they have read and understood the Contract and that contractual provisions express in all their true will. The Contract is composed of 4 (four) identical copies of which 2 (two) copies for the Purchaser and 2 (two) for the Contractor. Ln Belgrade _____________________ 2014 Contractor Purchaser DLRECTOR OC LNSTLTUTE _____________________ Prof. Dr Slobodan Slavkovi ć