Tender Dossier

Tender Dossier
Contract Title: SUPPLY AND INSTALLATION OF LUMINAIRES WITH ADVANCED

OPTICS AND SEALSAFE DEGREE OF PROTECTION, HIGH PRESSURE SODIUM
LAMPS OF ADVANCED CHARACTERISTICS AND STEP DIMMING BALLASTS
__________________________________________________________________
Publication Reference: 401-00-36/2004-01___________________
C04_en.doc Page 1 of 126

[Letterhead of Contracting Authority]
LETTER OF INVITATION TO TENDER
Publication Reference: 401-00-36/2004-01___________________
<Place and date>Belgrade, 29.08.2005
Dear Sirs,
SUBJECT: INVITATION TO TENDER FOR SUPPLY AND INSTALLATION

OF LUMINAIRES WITH ADVANCED OPTICS AND SEALSAFE DEGREE OF
PROTECTION, HIGH PRESSURE SODIUM LAMPS OF ADVANCED
CHARACTERISTICS AND STEP DIMMING BALLASTS <Contract title>
Further to your enquiry regarding the publication of the above-mentioned invitation to tender,
please find enclosed the following documents, which constitute the tender dossier:
A. INSTRUCTIONS TO TENDERERS........................................................................................ 4
1 SUPPLIES TO BE PROVIDED............................................................................................... 4
2 TIMETABLE ................................................................................................................... 455
3. PARTICIPATION................................................................................................................ 465
4. ORIGIN ................................................................................................................... 466
5. TYPE OF CONTRACT........................................................................................................ 476
6. CURRENCY ................................................................................................................... 476
7. LOTS ................................................................................................................... 476
8. PERIOD OF VALIDITY....................................................................................................... 477
9. LANGUAGE OF OFFERS.................................................................................................. 487
10. SUBMISSION OF TENDERS.............................................................................................. 487
11. CONTENT OF TENDERS................................................................................................... 498
12. PRICING ................................................................................................................. 4109
13. ADDITIONAL INFORMATION BEFORE THE DEADLINE FOR SUBMISSION OF
TENDERS ............................................................................................................... 41010
14. CLARIFICATION MEETING / SITE VISIT......................................................................41110
15. ALTERATION OR WITHDRAWAL OF TENDERS.........................................................41111
16. COSTS OF PREPARING TENDERS..............................................................................41111
17. OWNERSHIP OF TENDERS.......................................................................................... 41111
18. JOINT VENTURE OR CONSORTIUM............................................................................41111
19. OPENING OF TENDERS................................................................................................ 41211
20. EVALUATION OF TENDERS......................................................................................... 41312
21. SIGNATURE OF THE CONTRACT AND PERFORMANCE GUARANTEE...................41414
22. TENDER GUARANTEE.................................................................................................. 41514
23. ETHICS CLAUSES......................................................................................................... 41515
24. CANCELLATION OF THE TENDER PROCEDURE......................................................41616

B. DRAFT CONTRACT AND SPECIAL CONDITIONS, INCLUDING ANNEXES..............41818
DRAFT CONTRACT ..................................................................................................................... 19
SPECIAL CONDITIONS............................................................................................................. 2322
ANNEX I : GENERAL CONDITIONS......................................................................................3029
ANNEX II : TECHNICAL SPECIFICATIONS...........................................................................6463
ANNEX III : MODEL FINANCIAL OFFER (TO BE TAILORED TO THE SPECIFIC PROJECT)
6865
ANNEX IV : MODEL PERFORMANCE GUARANTEE..............................................................7167
ANNEX V : PRE-FINANCING GUARANTEE FORM................................................................7268

C. FURTHER INFORMATION............................................................................................... 7369
GLOSSARY ................................................................................................................. 7369
ADMINISTRATIVE COMPLIANCE GRID...................................................................................7571
EVALUATION GRID ................................................................................................................. 7672
D. TENDER FORM FOR A SUPPLY CONTRACT................................................................7773
For full information about procurement procedures please consult the Practical Guide to
contract procedures financed by the general budget of the European Communities in the
context of external actions, which can be downloaded from the following web page:
http://europa.eu.int/comm/europeaid/tender/index_en.htm.
Any request for clarification must be received by the Contracting Authority in writing at
least 21 days before the deadline for submission of tenders. The Contracting Authority will
reply to tenderers' questions at least 11 days before the deadline for submission of
tenders. If the Contracting Authority, either on its own initiative or in response to a request
from a tenderer, provides additional information on the tender dossier, it will send such
information in writing to all tenderers at the same time.
Costs incurred by the tenderer in preparing and submitting the tender proposals will not be
reimbursed.
We look forward to receiving your tender and the accompanying tender guarantee at the
address specified in the Instructions to Tenderers before September 28, 2005 at 12:00<
date & time>.h. If you decide not to submit a tender, we would be grateful if you could
inform us in writing, stating the reasons for your decision.
Yours sincerely,
< Name and signature >EPS JP Elektrodistribucija Beograd
Director
Stevan Milićević, dipl. ing. el.

A.INSTRUCTIONS TO TENDERERS
PUBLICATION REFERENCE: ____________________
In submitting a tender, the tenderer accepts in full and without restriction the
special and general conditions governing this contract as the sole basis of this
tendering procedure, whatever his own conditions of sale may be, which he hereby
waives. Tenderers are expected to examine carefully and comply with all
instructions, forms, contract provisions and specifications contained in this tender
dossier. Failure to submit a tender containing all the required information and
documentation within the deadline specified will lead to the rejection of the tender.
No account can be taken of any reservation in the tender as regards the tender
dossier; any reservation will result in the immediate rejection of the tender without
further evaluation.
A glossary of the terms used here is included in Part C of this tender dossier.
1 Supplies to be provided
1.1 The subject of the contract is the delivery, installation and putting into operation by the
Contractor of the following goods:
[If the tender procedure is not divided into lots:
Title of supply________________________________________________
at/to [place], DDP (delivered duty paid) and time limit for completion shall be [number of
days].
[If the tender procedure is divided into lots:
in […..] lots*
Lot Description Quantity

no.
1
Lot no. 2

* Precise technical specification by Lots and Articles is presented in Part B, Annex II,
Technical Specification of the Tender Dossier specified by the Contracting Authority.
at/to <place>, DDP (delivered duty paid) and time limit for completion shall be
<number of days>.
1.2 The supplies must comply fully with the technical specifications set out in the tender
dossier (technical annex) and conform in all respects with the drawings, quantities, models,
samples, measurements and other instructions.
1.3 Tenderers are not authorised to tender for a variant in addition to the present
tender.
Timetable
Timetable TIME *
DATE
Deadline for request for any < 21 days before < Time >
clarifications from the Contracting deadline for tenders >
Authority
Clarification meeting / site visit (if any) < Date / Not applicable < Time / Not
> applicable >
Last date on which clarifications are < Date 11 days before -

issued by the Contracting Authority deadline for tenders >
Deadline for submission of tenders <Date> < Time >
Tender opening session <Date> < Time >
Notification of award to the successful < Date at most 90 days -

tenderer after deadline for

tenders >
Signature of the contract < Date at most 150 -

days after deadline for

tenders >
* All times are in the time zone of the country of the Contracting Authority

Provisional date

3. Participation
3.1. Participation in tendering is open on equal terms to all natural and legal persons of
the Member States of the European Union, Bulgaria, Romania, Turkey and in the
beneficiary countries of the Cards programme (Albania, Former Yugoslav Republic
of Macedonia, Bosnia & Herzegovina, Croatia and Serbia & Montenegro). All works,
supplies and services must originate in one or more of these countries.
3.2. These terms refer to all nationals of the said states and to all legal entities,
companies or partnerships constituted under, and governed by, the civil, commercial
or public law of such states and having their statutory office, central administration
or principal place of business there. A legal entity, company or partnership having
only its statutory office there must be engaged in an activity which has an effective
and continuous link with the economy of the state concerned. Tenderers must
provide evidence of their status.
3.3. These rules apply to:
3.4. a) tenderers
3.5. b) members of a consortium
3.6. c) any subcontractors.
3.7. Natural persons, companies or undertakings meeting the conditions set out in
section 2.3.3 of the Practical Guide to contract procedures financed by the general
budget of the European Communities in the context of external actions are excluded
from participation in and the award of contracts. Otherwise they risk exclusion from
contracts and grants in accordance with section 2.3.4 of the Practical Guide.
Tenderers or candidates who have been guilty of making false declarations will also
incur financial penalties representing 10% of the total value of the contract being
awarded. That rate may be increased to 20% in the event of a repeat offence within
five years of the first infringement.
3.8. 3.5 To be eligible for participation in this tender procedure, tenderers must prove to
the satisfaction of the Contracting Authority that they comply with the necessary
legal, technical and financial requirements and have the wherewithal to carry out the
contract effectively.
3.9. Origin
3.10. Unless otherwise provided in the Special Conditions, supplies must originate in a
Member State of the European Union or in the following countries: Bulgaria,
Romania, Turkey, Albania, Former Yugoslav Republic of Macedonia, Bosnia-
Herzegovina, Croatia and Serbia-Montenegro). The origin of the goods must be
determined according to the Community Customs Code.
4.2. When submitting his tender, the tenderer must state expressly that all the goods
meet the requirements concerning origin and must state the respective countries of
origin. He may be asked to provide additional information in this connection.

5. Type of contract
Lump sum with itemised unit prices.
6. Currency
Tenders must be presented in euro.
Lots
[If the tender procedure is not divided into lots:
This tender procedure is not divided into lots and the tenders must be for the entirety of
the quantities indicated.
[If the tender procedure is divided into lots:
7.1 This tender procedure is divided into ___ lots, so the tenderer may submit a tender
for one lot only, two lots or all of the lots]
7.1 Each lot will form a separate contract and the quantities indicated for different lots
will be indivisible. The tenderer must offer the whole of the quantity or quantities
indicated for each lot. Under no circumstances must tenders for part of the
quantities required be taken into consideration. If the tenderer is awarded more than
one lot, a single contract may be concluded covering all those lots.
7.1 A tenderer may include in his tender the overall discount he would grant in the event
of some or all of the lots for which he has submitted a tender being awarded. The
discount should be clearly indicated for each lot in such a way that it can be
announced during the public tender opening session.
7.1 Contracts will be awarded lot by lot, but the Contracting Authority may select the
most favourable overall solution after taking account of any discounts offered.
7.1
7.1 Period of validity
7.1 Tenderers shall be bound by their tenders for a period of 90 days from the deadline
for the submission of tenders.
7.1 In exceptional cases and prior to the expiry of the original tender validity period, the
Contracting Authority may ask tenderers in writing to extend this period by 40 days.
Tenderers that agree to do so will not be permitted to modify their tenders. If they
refuse, their participation in the tender procedure will be terminated.
7.1 The successful tenderer will be bound by his tender for a further period of 60 days
following receipt of the notification that he has been selected.

7.1
7.1 Language of offers
7.1 The offers, all correspondence and documents related to the tender exchanged by
the tenderer and the Contracting Authority must be written in the language of the
procedure (i.e. in English).
7.1 Supporting documents and printed literature furnished by the tenderer may be in
another language, provided they are accompanied by an accurate translation into
the language of the procedure. For the purposes of interpretation of the tender, the
language of the procedure will prevail.
7.1 Submission of tenders
7.1 Tenders must be received before the deadline specified in the letter of invitation to
tender. They must include the Tender submission form in part D of this tender
dossier and be sent to the following address:
7.1 < full postal address >
7.1 Tenders must comply with the following conditions:
7.1 All tenders must be submitted in one original, marked “original”, and 3 copies signed
in the same way as the original and marked “copy.
7.1 All tenders must be received at
7.1 <full postal address>
7.1 before [date and time}
7.1 by registered letter with acknowledgement of receipt or hand-delivered against

receipt signed by [full name] or his representative.
7.1 All tenders, including annexes and all supporting documents, must be
submitted in a sealed envelope bearing only:
7.1 a) the above address;
7.1 b) the reference code of this tender procedure
7.1 <Contract title>
7.1 <Publication Reference number>
7.1 c) where applicable, the number of the lot(s) tendered for;
7.1 d) the words “Not to be opened before the tender opening session” in the language
of the tender dossier and ”Ne otvarati pre sastanka na kome se otvaraju ponude”
7.1 e) the name of the tenderer.
7.1 The financial bid must be placed in a sealed envelope with the technical bid for
each lot. The envelopes should then be placed in another single sealed
envelope/package, unless their volume requires a separate submission for each lot.

7.1
7.1 Content of tenders
7.1 All tenders submitted must comply with the requirements in the tender dossier and comprise:
7.1 A technical bid consisting of:
7.1 a detailed description of the supplies tendered in conformity with the technical specifications,
including any documentation required;
7.1 a list of the manufacturer's recommended spare parts and consumables;
7.1 a proposal for after-sales service over 5 years;
11.2 A financial bid according to the template in Annex III calculated on a basis of [DDP] 1
for the supplies tendered including installation and putting into operation
11.3 The details of the bank account into which payments should be made according to
the template in Part D.
11.4 A statement by the tenderer attesting the origin of the supplies tendered (or other
proofs of origin) according to the Form 1 in Part D.
11.5 Duly authorised signature according to the Form 2 in Part D.
11.6 A description of the commercial warranty tendered and a description how the
tenderer proposes to meet the obligations according to the Form 3 in Part D.
11.7 The tender guarantee, for a fixed amount as indicated in the notice of invitation to
tender, must be provided according to the model annexed to the tender dossier.
11.8 An electronic version of the financial offer in the template format is required (on a
diskette or CD).
11.9 A description of the firm's qualifications and experience according to the Form 4 in
Part D.
11.10A statement (according to the Form 5 in Part D) to the effect that they (or each of the
companies in case of a consortium) are not in any of the situations listed in point
2.3.3 of the Practical Guide to contracts procedures financed by the general budget
of the European Communities in the context of external actions:
11.11General information about the tenderer and his economic and financial standing,
quality assurance system, key personnel during execution of the contract and further
information (if deemed useful) according to Forms 6-10 in Part D.
1
DDP (delivered duty paid)
11.12
11.13 Pricing
11.14 Tenderers will be deemed to have satisfied themselves, before submitting their tender(s), as
to (its)(their) correctness and completeness, to have taken account of all that is required for
the full and proper performance of the contract and to have included all costs in their rates
and prices.
11.15 Depending on whether the supplies proposed are manufactured locally or are to be imported
into the country of the Contracting Authority, Tenderers must quote, by lot, unit (and overall)
prices for their tenders on one of the following bases:
11.16a) place of destination and in accordance with the above conditions, excluding all
domestic taxation applicable to their manufacture;
11.17b) for supplies to be imported into the country of the Contracting Authority, unit and
overall prices must be quoted for delivery to the place of destination and in
accordance with the above conditions, excluding all duties and taxes applicable to
their importation and VAT, from which they are exempt.
11.18 Whatever the origin of the supplies, the contract is exempt from stamp and registration
duties.
11.19 The prices for the contract are fixed and not subject to revision.
11.20 Additional information before the deadline for submission of tenders
11.21The tender dossier should be clear enough to preclude the need for candidates
invited to tender to request additional information during the procedure. If the
Contracting Authority, either on its own initiative or in response to a request from a
prospective tenderer, provides additional information on the tender dossier, it must
send such information in writing to all other prospective tenderers at the same time.
11.22Tenderers may submit questions in writing to the following address up to 21 days

before the deadline for submission of tenders, specifying the publication reference
and the contract title:
11.23Publication Reference and Contract title
11.24 Contact name

Address
Fax
11.25Any clarification of the tender dossier will be communicated simultaneously in writing

(in English) to all the tenderers at the latest 11 days before the deadline for
submission of tenders. No further clarification will be provided after this date.
11.26 Any prospective tenderers seeking to arrange individual meetings with either the Contracting
Authority and/or the European Commission during the tender period may be excluded from
the tender procedure.

11.27
11.28 Clarification meeting / site visit
11.29A clarification meeting / site visit will be held on < date at least 21 days before the
deadline for submission of tenders > at < time > at < address > to answer any
questions on the tender dossier which have been forwarded in writing or are raised
at the meeting. Minutes will be taken during the meeting and these will be
communicated - together with any clarifications in response to written requests
which are not addressed during the meeting - in writing to all the tenderers at the
latest 11 calendar days before the deadline for submission of tenders. No further
clarification will be provided after this date. All the costs of attending this meeting will
be borne by the tenderers.
11.30 Visits by individual prospective tenderers during the tender period other than this site visit for
all prospective tenderers cannot be permitted.
11.31
11.32 Alteration or withdrawal of tenders
11.33 Tenderers may alter or withdraw their tenders by written notification prior to the deadline for
submission of tenders referred to in Article 10.1. No tender may be altered after this
deadline. Withdrawals must be unconditional and will end all participation in the tender
procedure.
11.34 Any such notification of alteration or withdrawal must be prepared and submitted in
accordance with Article 10. The outer envelope must be marked 'Alteration' or 'Withdrawal'
as appropriate.
11.35 No tender may be withdrawn in the interval between the deadline for submission of tenders
referred to in Article 10.1 and the expiry of the tender validity period. Withdrawal of a tender
during this interval may result in forfeiture of the tender guarantee.
11.36
11.37 Costs of preparing tenders
11.38No costs incurred by the tenderer in preparing and submitting the tender are
reimbursable. All such costs will be borne by the tenderer.
11.39
11.40 Ownership of tenders
11.41The Contracting Authority retains ownership of all tenders received under this tender
procedure. Consequently, tenderers have no right to have their tenders returned to
them.
11.42
11.43 Joint venture or consortium
11.44 If a tenderer is a joint venture or consortium of two or more persons, the tender must be
single with the object of securing a single contract, each person must sign the tender and will
be jointly and severally liable for the tender and any contract. Those persons must designate
one of their number to act as leader with authority to bind the joint venture or consortium.

The composition of the joint venture or consortium must not be altered without the prior
consent in writing of the Contracting Authority.

11.45
11.46 The tender may be signed by the representative of the joint venture or consortium only if he
has been expressly so authorised in writing by the members of the joint venture or
consortium, and the authorising contract, notarial act or deed must be submitted to the
Contracting Authority within the 30 days following the award of the contract. All signatures to
the authorising instrument must be certified in accordance with the national laws and
regulations of each party comprising the joint venture or consortium together with the powers
of attorney establishing, in writing, that the signatories to the tender are empowered to enter
into commitments on behalf of the members of the joint venture or consortium. Each member
of such joint venture or consortium must provide the proof required under Article 3.5 as if it,
itself, were the tenderer.
11.47 Opening of tenders
11.48 The opening and examination of tenders is for the purpose of checking whether the tenders
are complete, whether the requisite tender guarantees have been furnished, whether the
documents have been properly signed and whether the tenders are generally in order.
11.49 The tenders will be opened in public session on
11.50 <date and local time> at
11.51<address>
11.52 by the committee appointed for the purpose. The committee will draw up minutes of the
meeting, which will be available on request.
11.53 At the tender opening, the tenderers' names, the tender prices, any discount offered, written
notifications of modification and withdrawal, the presence of the requisite tender guarantee
and such other information as the Contracting Authority may consider appropriate must be
announced.
11.54 After the public opening of the tenders, no information relating to the examination,
clarification, evaluation and comparison of tenders, or recommendations concerning the
award of the contract can be disclosed.
11.55 In the interests of transparency and equal treatment and without being able to modify their
tenders, tenderers may be required, at the sole written request of the evaluation committee,
to provide clarifications within 48 hours. Any such request for clarification must not seek the
correction of formal errors or of major restrictions affecting performance of the contract or
distorting competition.
11.56 Any attempt by a tenderer to influence the evaluation committee in the process of
examination, clarification, evaluation and comparison of tenders, to obtain information on
how the procedure is progressing or to influence the Contracting Authority in its decision
concerning the award of the contract will result in the immediate rejection of his tender.
11.57 All tenders received after the deadline for submission specified in the procurement notice or
these instructions will be kept by the Contracting Authority. The associated guarantees may
be returned to the tenderers on request. No liability can be accepted for late delivery of
tenders. Late tenders will be rejected and will not be evaluated.

11.58
11.59 Evaluation of tenders
11.60 Examination of the administrative conformity of tenders
11.61Any minimum qualifications required (see Article 11.9) are to be evaluated at the
start of this stage2
11.62 The aim at this stage is to check that tenders comply with the essential requirements of the
tender dossier. A tender is deemed to comply if it satisfies all the conditions, procedures and
specifications in the tender dossier without substantially departing from or attaching
restrictions to them.
11.63 Substantial departures or restrictions are those which affect the scope, quality or execution
of the contract, differ widely from the terms of the tender dossier, limit the rights of the
Contracting Authority or the tenderer's obligations under the contract or distort competition
for tenderers whose tenders do comply. Decisions to the effect that a tender is not
technically compliant must be duly justified in the evaluation minutes.
11.64 If a tender does not comply with the tender dossier, it will be rejected immediately and may
not subsequently be made to comply by correcting it or withdrawing the departure or
restriction.
11.65
11.66 Technical evaluation
11.67 After analysing the tenders deemed to comply in administrative terms, the evaluation
committee will rule on the technical admissibility of each tender, classifying it as technically
compliant or non-compliant.
11.68 To facilitate the examination, evaluation and comparison of tenders, the evaluation
committee may ask each tenderer individually for clarification of his tender, including
breakdowns of prices. The request for clarification and the response must be in writing only,
but no change in the price or substance of the tender may be sought, offered or permitted
except as required to confirm the correction of arithmetical errors discovered during the
evaluation of tenders pursuant to Article 20.3. Decisions to the effect that a tender is not
technically compliant must be duly justified in the evaluation minutes.
11.69 Financial evaluation
11.70 a) Tenders found to be technically compliant shall be checked for any arithmetical errors in
computation and summation. Errors will be corrected by the evaluation committee as follows:
11.71 - where there is a discrepancy between amounts in figures and in words, the amount in
words will be the amount taken into account;
11.72 - except for lump-sum contracts, where there is a discrepancy between a unit price and the
total amount derived from the multiplication of the unit price and the quantity, the unit price
as quoted will be the price taken into account.
11.73 b) Amounts corrected in this way will be binding on the tenderer. If the tenderer does not
accept them, his tender will be rejected.
2
e.g.: experience and past performance of the tenderer etc.
11.74
11.75 Variant solutions

Tenderers must submit a tender in accordance with the requirements of the tender
dossier.
20.5. Award criteria
The sole award criterion will be the price. The contract will be awarded to the lowest
compliant tender.
Signature of the contract and performance guarantee

The successful tenderer will be informed in writing that its tender has been accepted
(notification of award). Before the Contracting Authority signs the contract with the
successful tenderer, the successful tenderer must provide the documentary proof or
statement required under the law of the country in which the company (or each of the
companies in case of a consortium) is established, to show that it does not fall into the
exclusion situations listed in section 2.3.3 of the Practical Guide to contract procedures
financed from the general budget of the EC in the context of external actions.
This evidence or these documents or statements must carry a date, which cannot be more
than 180 days in relation to the deadline for the submission of the tender. In addition, a
sworn statement shall be furnished stating that the situations described in these documents
have not changed since then.
If the successful tenderer fails to provide this documentary proof or statement within 15
calendar days following the notification of award or if the successful tenderer is found to
have provided false information, the award will be considered null and void. In such a case,
the Contracting Authority may award the tender to another tenderer or cancel the tender
procedure.
Within 30 days of receipt of the contract already signed by the Contracting Authority, the
selected tenderer must sign and date the contract and return it, with the performance
guarantee, to the Contracting Authority. On signing the contract, the successful tenderer will
become the Contractor and the contract will enter into force.
If he fails to sign and return the contract and any financial guarantee required within 30 days
after receipt of notification, the Contracting Authority may consider the acceptance of the
tender to be cancelled without prejudice to the Contracting Authority's right to seize the
guarantee, claim compensation or pursue any other remedy in respect of such failure, and
the successful tenderer will have no claim whatsoever on the Contracting Authority.
The performance guarantee referred to in the General Conditions is set at 10% of
the amount of the contract and must be presented in Euro and in English in the form
specified in the annex to the tender dossier. It will be released within 30 days of the
issue of the final acceptance certificate by the Contracting Authority, except for the
proportion assigned to after-sales service
.

Tender guarantee
The tender guarantee referred to in Article 11 above is set at 80.000 Dinars (CSD)
and must be presented in the form specified in the annex to the tender dossier. It
must remain valid for 90 days beyond the period of validity of the tender. Tender
guarantees provided by tenderers who have not been selected shall be released not
later than 60 days after the signing of the contract. The tender guarantee of the
successful tenderer shall be released on the signing of the contract, once the
performance guarantee has been submitted.
Ethics clauses
Any attempt by a candidate or tenderer to obtain confidential information, enter into unlawful
agreements with competitors or influence the committee or the Contracting Authority during
the process of examining, clarifying, evaluating and comparing tenders will lead to the
rejection of his candidacy or tender and may result in administrative penalties.
Without the Contracting Authority's prior written authorisation, a Contractor and his staff or
any other company with which the Contractor is associated or linked may not, even on an
ancillary or subcontracting basis, supply other services, carry out works or supply equipment
for the project. This prohibition also applies to any other projects that could, owing to the
nature of the contract, give rise to a conflict of interest on the part of the Contractor.
When putting forward a candidacy or tender, the candidate or tenderer shall declare that he
is affected by no potential conflict of interest and has no particular link with other tenderers or
parties involved in the project. Should such a situation arise during performance of the
contract, the Contractor must immediately inform the Contracting Authority.
23.1. The Contractor must at all times act impartially and as a faithful adviser in
accordance with the code of conduct of his profession. He shall refrain from making
public statements about the project or services without the Contracting Authority's
prior approval. He may not commit the Contracting Authority in any way without its
prior written consent.
23.2. For the duration of the contract the Contractor and his staff shall respect human
rights and undertake not to offend the political, cultural and religious mores of the
beneficiary state.
23.3. The Contractor may accept no payment connected with the contract other than
that provided for therein. The Contractor and his staff must not exercise any activity
or receive any advantage inconsistent with their obligations to the Contracting
Authority.
23.4. The Contractor and his staff shall be obliged to maintain professional secrecy for
the entire duration of the contract and after its completion. All reports and
documents drawn up or received by the Contractor shall be confidential.
23.5. The contract shall govern the Contracting Parties' use of all reports and
documents drawn up, received or presented by them during the execution of the
contract.

23.6.
23.7. The Contractor shall refrain from any relationship likely to compromise his
independence or that of his staff. If the Contractor ceases to be independent, the
Contracting Authority may, regardless of injury, terminate the contract without further
notice and without the Contractor having any claim to compensation.
23.8. The Commission reserves the right to suspend or cancel project financing if
corrupt practices of any kind are discovered at any stage of the award process and if
the Contracting Authority fails to take all appropriate measures to remedy the
situation. For the purposes of this provision, "corrupt practices" are the offer of a
bribe, gift, gratuity or commission to any person as an inducement or reward for
performing or refraining from any act relating to the award of a contract or
implementation of a contract already concluded with the Contracting Authority.
23.9. All tenders will be rejected or contracts terminated if it emerges that the award or
execution of a contract has given rise to unusual commercial expenses.
23.10. Such unusual commercial expenses are commissions not mentioned in the main
contract or not stemming from a properly concluded contract referring to the main
contract, commissions not paid in return for any actual and legitimate service,
commissions remitted to a tax haven, commissions paid to a recipient who is not
clearly identified or commissions paid to a company which has every appearance of
being a front company.
23.11. The Contractor undertakes to supply the Commission on request with all
supporting documents relating to the conditions of the contract's execution. The
Commission may carry out whatever documentary or on-the-spot checks it deems
necessary to find evidence in cases of suspected unusual commercial expenses.
23.12. Contractors found to have paid unusual commercial expenses on projects funded
by the Community are liable, depending on the seriousness of the facts observed, to
have their contracts terminated or to be permanently excluded from receiving
Community funds.
23.13. Cancellation of the tender procedure
23.14. In the event of a tender procedure's cancellation, tenderers will be notified by the
Contracting Authority. If the tender procedure is cancelled before the outer envelope of any
tender has been opened, the sealed envelopes will be returned, unopened, to the tenderers.
23.15.
23.16. Cancellation may occur where:
23.17. the tender procedure has been unsuccessful, namely where no qualitatively or financially
worthwhile tender has been received or there has been no response at all;
23.18. the economic or technical parameters of the project have been fundamentally altered;
23.19. exceptional circumstances or force majeure render normal performance of the project
impossible;
23.20. all technically compliant tenders exceed the financial resources available;
23.21. there have been irregularities in the procedure, in particular where these have prevented
fair competition.
23.22.
23.23. In no circumstances will the Contracting Authority be liable for damages, whatever their
nature (in particular damages for loss of profits) or relationship to the cancellation of a
tender, even if the Contracting Authority has been advised of the possibility of damages. The
publication of a procurement notice does not commit the Contracting Authority to implement
the programme or project announced.

23.24.
23.25. B. DRAFT CONTRACT AND SPECIAL CONDITIONS, INCLUDING ANNEXES

23.26. A. INSTRUCTIONS TO TENDERERS
PUBLICATION REF.: 401-00-36/2004-01
In submitting a tender, the tenderer accepts in full and without restriction the
special and general conditions governing this contract as the sole basis of this
tendering procedure, whatever his own conditions of sale may be, which he hereby
waives. Tenderers are expected to examine carefully and comply with all
instructions, forms, contract provisions and specifications contained in this tender
dossier. Failure to submit a tender containing all the required information and
documentation within the deadline specified will lead to the rejection of the tender.
No account can be taken of any reservation in the tender as regards the tender
dossier; any reservation will result in the immediate rejection of the tender without
further evaluation.
A glossary of the terms used here is included in Part C of this tender dossier.
2 Supplies to be provided
1.1 The subject of the contract is the cleaning and removal of the existing luminaires,
delivery and installation of new lamps, luminaires and distribution boards, by the
Contractor of the following goods (precise technical specification is presented in Part B
Annex II, Technical Specification of the Tender Dossier specified by the Contracting
Authority):
 Cleaning of the optical parts of 20 existing luminaires of type Z-3 (with HPS
400W lamps)
 Removal of 20 existing HPS 400W lamps and delivery and installation of 20

new standard HPS 400W lamps
 Removal of 40 existing luminaires of type Z-3 and their transport to a

location determined by the Contracting Authority
 Delivery and installation of 20 new luminaires with step dimming ballasts

and HPS 400W lamps with increased luminous flux (at least 56500lm) and
prolonged life time (at least 20000h)

 Delivery and installation of 3 identical steel distribution boards with a lock

and key, each equipped with a 3-phase, double scale of charges,
multifunction digital electricity meter, 3x100A. Each board should be placed

on an appropriate pole (determined by the Contracting Authority), at a
height of 3m, and connected to the existing road lighting electrical circuit
at/to Belgrade, Dimitrija Tucovica Street, DDP (delivered duty paid) and time
limit for completion shall be 21 days.
Notes: 1)The height of all luminaires is 10m.
2) New luminaires should be with advanced optics and at least IP66.
1.2 The supplies must comply fully with the technical specifications set out in the tender
dossier (technical annex) and conform in all respects with the drawings, quantities,
models, samples, measurements and other instructions.
1.3 Tenderers are not authorised to tender for a variant in addition to the present tender.
3 Timetable
DATE TIME1
Deadline for request for any 07.09.2005 11.00h

clarifications from the Contracting
Authority
Clarification meeting / site visit (if any) 07.09.2005 13.00h
Last date on which clarifications are 17.09.2005 14.00h

issued by the Contracting Authority
Deadline for submission of tenders 28.09.2005 12.00h
Tender opening session 28.09.2005 12.30h
Notification of award to the successful 05.10.20052 -

tenderer
Signature of the contract 12.10.20052 -
1
All times are in the time zone of the country of the Contracting Authority
2
Provisional date

4. Participation
4.1. Participation in tendering is open on equal terms to all natural and legal persons of
the Member States of the European Union, Bulgaria, Romania, Turkey and in the
beneficiary countries of the Cards programme (Albania, Former Yugoslav Republic
of Macedonia, Bosnia & Herzegovina, Croatia and Serbia and Montenegro). All
works, supplies and services must originate in one or more of these countries.
4.2. These terms refer to all nationals of the said states and to all legal entities, companies or
partnerships constituted under, and governed by, the civil, commercial or public law of such
states and having their statutory office, central administration or principal place of business
there. A legal entity, company or partnership having only its statutory office there must be
engaged in an activity which has an effective and continuous link with the economy of the
state concerned. Tenderers must provide evidence of their status.
4.3. These rules apply to:

a) tenderers
b) members of a consortium
c) any subcontractors.
3.4 Natural persons, companies or undertakings meeting the conditions set out in
section 2.3.3 of the Practical Guide to contract procedures financed by the general
budget of the European Communities in the context of external actions are excluded
from participation in and the award of contracts. Otherwise they risk exclusion from
contracts and grants in accordance with section 2.3.4 of the Practical Guide.
Tenderers or candidates who have been guilty of making false declarations will also
incur financial penalties representing 10% of the total value of the contract being
awarded. That rate may be increased to 20% in the event of a repeat offence within
3.5 To be eligible for participation in this tender procedure, tenderers must prove to the
satisfaction of the Contracting Authority that they comply with the necessary legal,
technical and financial requirements and have the wherewithal to carry out the
contract effectively.
4. Origin
4.1 Unless otherwise provided in the Special Conditions, supplies must originate in a
Member State of the European Union or in the following countries: Bulgaria,
Romania, Turkey, Albania, Former Yugoslav Republic of Macedonia, Bosnia &
Herzegovina, Croatia and Serbia and Montenegro. The origin of the goods must be
determined according to the Community Customs Code.
4.3. When submitting his tender, the tenderer must state expressly that all the goods meet the
requirements concerning origin and must state the respective countries of origin. He may be
asked to provide additional information in this connection.
5. Type of contract
Lump sum with itemised unit prices.

6. Currency
Tenders must be presented in Euro.
7. Lots
This tender procedure is not divided into lots and the tenders must be for entirety of the
quantities indicated.
8. Period of validity
8.1. Tenderers shall be bound by their tenders for a period of 90 days from the deadline
for the submission of tenders.
8.2. In exceptional cases and prior to the expiry of the original tender validity period, the
Contracting Authority may ask tenderers in writing to extend this period by 40 days.
Tenderers that agree to do so will not be permitted to modify their tenders. If they
refuse, their participation in the tender procedure will be terminated.
8.3. The successful tenderer will be bound by his tender for a further period of 60 days
following receipt of the notification that he has been selected.
9. Language of offers
9.1. The offers, all correspondence and documents related to the tender exchanged
by the tenderer and the Contracting Authority must be written in the language of the
procedure (i.e. in English).
9.2. Supporting documents and printed literature furnished by the tenderer may be
in another language, provided they are accompanied by an accurate translation into
the language of the procedure. For the purposes of interpretation of the tender, the
language of the procedure will prevail.
10.Submission of tenders
10.1. Tenders must be received before the deadline specified in the letter of
invitation to tender. They must include the Tender submission form in part D of this
tender dossier and be sent to the following address:
EPS JP Elektrodistribucija Beograd
Sektor nabavke i magacinskog poslovanja
Milana Toplice b.b.
11000 Beograd
Tenders must comply with the following conditions:
10.2. All tenders must be submitted in one original, marked “original”, and 3 copies signed in
the same way as the original and marked “copy”.
10.3. All tenders must be received at

Sektor nabavke i magacinskog poslovanja

Milana Toplice b.b.
11000 Beograd
before 28.09.2005 at 12.00h local time by registered letter with acknowledgement of
receipt or hand-delivered against receipt signed by Tenderer Director or his
representative.
10.4. All tenders, including annexes and all supporting documents, must be
submitted in a sealed envelope bearing only:
a) the above address;
b) the reference code of this tender procedure
SUPPLY AND INSTALLATION OF LUMINAIRES WITH ADVANCED OPTICS AND

SEALSAFE DEGREE OF PROTECTION, HIGH PRESSURE SODIUM LAMPS OF
ADVANCED CHARACTERISTICS AND STEP DIMMING BALLASTS
Publication ref.: 401-00-36/2004-01
c) the words “Not to be opened before the tender opening session” in the
language of the tender dossier and ”Ne otvarati pre sastanka na kome se
otvaraju ponude”.
d) the name of the tenderer.
The financial bid must be placed in a sealed envelope with the technical bid and
marked as “Financial Offer”. The envelopes should then be placed in another single
sealed envelope/package.
11.Content of tenders
All tenders submitted must comply with the requirements in the tender dossier and
comprise:
11.1. A technical bid consisting of a detailed description of the supplies tendered in

conformity with the technical specifications, including any documentation required,
especially the complete technical certificate for luminaires.
11.76 A financial bid according to the template in Annex III calculated on a basis of DDP3
for the supplies tendered including installation and putting into operation.
11.77 The details of the bank account into which payments should be made according to
the template in Part D.
11.78 A statement by the tenderer attesting the origin of the supplies tendered (or other
proofs of origin) according to the Form 1 in Part D.
3
DDP (delivered duty paid) / DDU (delivered duty unpaid)
11.79 Duly authorised signature according to the Form 2 in Part D.
11.80 A description of the commercial warranty tendered and a description how the
tenderer proposes to meet the obligations according to the Form 3 in Part D.
11.81 The tender guarantee, for a fixed amount as indicated in the notice of invitation to
tender, must be provided according to the model annexed to the tender dossier.
11.82 An electronic version of the financial offer in the template format is required (on a
diskette or CD).
11.83 A description of the firm's qualifications and experience according to the Form 4 in
Part D.
11.84 A statement (according to the Form 5 in Part D) to the effect that they (or each of the
companies in case of a consortium) are not in any of the situations listed in point
2.3.3 of the Practical Guide to contracts procedures financed by the general budget
of the European Communities in the context of external actions:
11.85 General information about the tenderer and his economic and financial standing,
quality assurance system, key personnel during execution of the contract and further
information (if deemed useful) according to Forms 6-10 in Part D.
12. Pricing
12.1. Tenderers will be deemed to have satisfied themselves, before submitting their
tender(s), as to (its)(their) correctness and completeness, to have taken account of
all that is required for the full and proper performance of the contract and to have
included all costs in their rates and prices.
12.2. Depending on whether the supplies proposed are manufactured locally or are to be
imported into the country of the Contracting Authority, Tenderers must quote, by lot,
unit (and overall) prices for their tenders on one of the following bases:
a) place of destination and in accordance with the above conditions, excluding all
domestic taxation applicable to their manufacture;
b) for supplies to be imported into the country of the Contracting Authority, unit and
overall prices must be quoted for delivery to the place of destination and in
accordance with the above conditions, excluding all duties and taxes applicable
to their importation and VAT, from which they are exempt.

12.3. Whatever the origin of the supplies, the contract is exempt from stamp and
registration duties.
12.4. The prices for the contract are fixed and not subject to revision.
13. Additional information before the deadline for submission of

tenders
The tender dossier should be clear enough to preclude the need for candidates
invited to tender to request additional information during the procedure. If the
Contracting Authority, either on its own initiative or in response to a request from a
prospective tenderer, provides additional information on the tender dossier, it must
send such information in writing to all other prospective tenderers at the same time.
Tenderers may submit questions in writing to the following address up to 21 days
before the deadline for submission of tenders, specifying the publication reference
and the contract title:
Publication ref.: 401-00-36/2004-01
Contract title:
Supply and installation of luminaires with advanced optics and sealsafe
degree of protection, high pressure sodium lamps of advanced characteristics
and step dimming ballasts
Contact name: Miloš Hadžić, dipl. ing. el.

Address: Milana Toplice b.b., 11000 Beograd
Fax: 011 – 3470 - 993
E-mail: [email protected]
Any clarification of the tender dossier will be communicated simultaneously in writing

to all the tenderers at the latest 11 days before the deadline for submission of
tenders. No further clarification will be provided after this date.
Any prospective tenderers seeking to arrange individual meetings with either the
Contracting Authority and/or the European Commission during the tender period
may be excluded from the tender procedure.
14. Clarification meeting / site visit

14.1. A clarification meeting / site visit will be held on 07.09.2005 at 13.00h at EPS JP
Elektrodistribucija Beograd, Sektor nabavke i magacinskog poslovanja, Milana Toplice b.b.,
Beograd, to answer any questions on the tender dossier which have been forwarded in
writing or are raised at the meeting. Minutes will be taken during the meeting and these will
be communicated - together with any clarifications in response to written requests which are
not addressed during the meeting - in writing to all the tenderers at the latest 11 calendar
days before the deadline for submission of tenders. No further clarification will be provided
after this date. All the costs of attending this meeting will be borne by the tenderers.
14.2. Visits by individual prospective tenderers during the tender period other than this site
visit for all prospective tenderers cannot be permitted.
15. Alteration or withdrawal of tenders

15.1. Tenderers may alter or withdraw their tenders by written notification prior to the
deadline for submission of tenders referred to in Article 10.1. No tender may be
altered after this deadline. Withdrawals must be unconditional and will end all
participation in the tender procedure.
15.2. Any such notification of alteration or withdrawal must be prepared and submitted
in accordance with Article 10. The outer envelope must be marked 'Alteration'
or 'Withdrawal' as appropriate.
15.3. No tender may be withdrawn in the interval between the deadline for submission
of tenders referred to in Article 10.1 and the expiry of the tender validity period.
Withdrawal of a tender during this interval may result in forfeiture of the tender
guarantee.
16. Costs of preparing tenders

No costs incurred by the tenderer in preparing and submitting the tender are
reimbursable. All such costs will be borne by the tenderer.
17. Ownership of tenders

The Contracting Authority retains ownership of all tenders received under this tender
procedure. Consequently, tenderers have no right to have their tenders returned to
them.

18. Joint venture or consortium
18.1. If a tenderer is a joint venture or consortium of two or more persons, the tender must
be single with the object of securing a single contract, each person must sign the
tender and will be jointly and severally liable for the tender and any contract. Those
persons must designate one of their number to act as leader with authority to bind
the joint venture or consortium. The composition of the joint venture or consortium
must not be altered without the prior consent in writing of the Contracting Authority.
18.2. The tender may be signed by the representative of the joint venture or consortium
only if he has been expressly so authorised in writing by the members of the joint
venture or consortium, and the authorising contract, notarial act or deed must be
submitted to the Contracting Authority within the 30 days following the award of the
contract. All signatures to the authorising instrument must be certified in accordance
with the national laws and regulations of each party comprising the joint venture or
consortium together with the powers of attorney establishing, in writing, that the
signatories to the tender are empowered to enter into commitments on behalf of the
members of the joint venture or consortium. Each member of such joint venture or
consortium must provide the proof required under Article 3.5 as if it, itself, were the
tenderer.

19. Opening of tenders
19.1. The opening and examination of tenders is for the purpose of checking whether the
tenders are complete, whether the requisite tender guarantees have been furnished,
whether the documents have been properly signed and whether the tenders are
generally in order.
19.2. The tenders will be opened in public session on 28.09.2005 at 12.30h, at EPS JP
Elektrodistribucija Beograd, Sektor nabavke i magacinskog poslovanja, Milana
Toplice b.b., Beograd by the committee appointed for the purpose. The committee
will draw up minutes of the meeting, which will be available on request.
19.3. At the tender opening, the tenderers' names, the tender prices, any discount offered,
written notifications of modification and withdrawal, the presence of the requisite
tender guarantee and such other information as the Contracting Authority may
consider appropriate must be announced.
19.4. After the public opening of the tenders, no information relating to the examination,
clarification, evaluation and comparison of tenders, or recommendations concerning
the award of the contract can be disclosed.
19.5. In the interests of transparency and equal treatment and without being able to
modify their tenders, tenderers may be required, at the sole written request of the
evaluation committee, to provide clarifications within 48 hours. Any such request for
clarification must not seek the correction of formal errors or of major restrictions
affecting performance of the contract or distorting competition.
19.6. Any attempt by a tenderer to influence the evaluation committee in the process of
examination, clarification, evaluation and comparison of tenders, to obtain
information on how the procedure is progressing or to influence the Contracting
Authority in its decision concerning the award of the contract will result in the
immediate rejection of his tender.
19.7. All tenders received after the deadline for submission specified in the procurement
notice or these instructions will be kept by the Contracting Authority. The associated
guarantees may be returned to the tenderers on request. No liability can be
accepted for late delivery of tenders. Late tenders will be rejected and will not be
evaluated.
20. Evaluation of tenders

20.1. Examination of the administrative conformity of tenders
Any minimum qualifications required (see Article 11.9) are to be evaluated at the
start of this stage4
The aim at this stage is to check that tenders comply with the essential
requirements of the tender dossier. A tender is deemed to comply if it satisfies all
the conditions, procedures and specifications in the tender dossier without
substantially departing from or attaching restrictions to them.
Substantial departures or restrictions are those which affect the scope, quality or
execution of the contract, differ widely from the terms of the tender dossier, limit the
rights of the Contracting Authority or the tenderer's obligations under the contract or
distort competition for tenderers whose tenders do comply. Decisions to the effect
4
e.g.: experience and past performance of the tenderer, qualifications of key personnel, etc.
that a tender is not technically compliant must be duly justified in the evaluation
minutes.
If a tender does not comply with the tender dossier, it will be rejected immediately
and may not subsequently be made to comply by correcting it or withdrawing the
departure or restriction.
20.2. Technical evaluation
After analysing the tenders deemed to comply in administrative terms, the

evaluation committee will rule on the technical admissibility of each tender,
classifying it as technically compliant or non-compliant.
20.3. To facilitate the examination, evaluation and comparison of tenders, the evaluation
committee may ask each tenderer individually for clarification of his tender, including
breakdowns of prices. The request for clarification and the response must be in
writing only, but no change in the price or substance of the tender may be sought,
offered or permitted except as required to confirm the correction of arithmetical
errors discovered during the evaluation of tenders pursuant to Article 20.3.
Decisions to the effect that a tender is not technically compliant must be duly
justified in the evaluation minutes.
20.4. Financial evaluation
a) Tenders found to be technically compliant shall be checked for any arithmetical

errors in computation and summation. Errors will be corrected by the evaluation
committee as follows:
- where there is a discrepancy between amounts in figures and in words,

the amount in words will be the amount taken into account;
- except for lump-sum contracts, where there is a discrepancy between a

unit price and the total amount derived from the multiplication of the unit
price and the quantity, the unit price as quoted will be the price taken
into account.
b) Amounts corrected in this way will be binding on the tenderer. If the tenderer
does not accept them, his tender will be rejected.
20.6. Variant solutions
Tenderers must submit a tender in accordance with the requirements of the tender
dossier.
20.7. Award criteria

The sole award criterion will be the price. The contract will be awarded to the lowest
compliant tender.

21.Signature of the contract and performance guarantee
21.1. The successful tenderer will be informed in writing that its tender has been accepted
(notification of award). Before the Contracting Authority signs the contract with the
successful tenderer, the successful tenderer must provide the documentary proof or
statement required under the law of the country in which the company (or each of
the companies in case of a consortium) is established, to show that it does not fall
into the exclusion situations listed in section 2.3.3 of the Practical Guide to contract
procedures financed from the general budget of the EC in the context of external
actions.
21.2. This evidence or these documents or statements must carry a date, which cannot be
more than 180 days in relation to the deadline for the submission of the tender. In
addition, a sworn statement shall be furnished stating that the situations described in
these documents have not changed since then.
21.3. If the successful tenderer fails to provide this documentary proof or statement within
15 calendar days following the notification of award or if the successful tenderer is
found to have provided false information, the award will be considered null and void.
In such a case, the Contracting Authority may award the tender to another tenderer
or cancel the tender procedure.
21.4. Within 30 days of receipt of the contract already signed by the Contracting Authority,
the selected tenderer must sign and date the contract and return it, with the
performance guarantee, to the Contracting Authority. On signing the contract, the
successful tenderer will become the Contractor and the contract will enter into force.
21.5. If he fails to sign and return the contract and any financial guarantee required within
30 days after receipt of notification, the Contracting Authority may consider the
acceptance of the tender to be cancelled without prejudice to the Contracting
Authority's right to seize the guarantee, claim compensation or pursue any other
remedy in respect of such failure, and the successful tenderer will have no claim
whatsoever on the Contracting Authority.
21.6 The performance guarantee referred to in the General Conditions is set at 10% of
the amount of the contract and must be presented in Euro and in English in the form
specified in the annex to the tender dossier. It will be released within 30 days of the
issue of the final acceptance certificate by the Contracting Authority, except for the
proportion assigned to after-sales service
22.Tender guarantee
The tender guarantee referred to in Article 11 above is set at 80000 Dinars
(CSD) and must be presented in the form specified in the annex to the tender
dossier. It must remain valid for 90 days beyond the period of validity of the
tender. Tender guarantees provided by tenderers who have not been selected
shall be released not later than 60 days after the signing of the contract. The

tender guarantee of the successful tenderer shall be released on the signing of
the contract, once the performance guarantee has been submitted.

24.Ethics clauses
24.1. Any attempt by a candidate or tenderer to obtain confidential information, enter
into unlawful agreements with competitors or influence the committee or the
Contracting Authority during the process of examining, clarifying, evaluating and
comparing tenders will lead to the rejection of his candidacy or tender and may
result in administrative penalties.
24.2. Without the Contracting Authority's prior written authorisation, a Contractor and
his staff or any other company with which the Contractor is associated or linked
may not, even on an ancillary or subcontracting basis, supply other services,
carry out works or supply equipment for the project. This prohibition also applies
to any other projects that could, owing to the nature of the contract, give rise to a
conflict of interest on the part of the Contractor.
24.3. When putting forward a candidacy or tender, the candidate or tenderer shall
declare that he is affected by no potential conflict of interest and has no particular
link with other tenderers or parties involved in the project. Should such a situation
arise during performance of the contract, the Contractor must immediately inform
the Contracting Authority.
24.4. The Contractor must at all times act impartially and as a faithful adviser in
accordance with the code of conduct of his profession. He shall refrain from
making public statements about the project or services without the Contracting
Authority's prior approval. He may not commit the Contracting Authority in any
way without its prior written consent.
24.5. For the duration of the contract the Contractor and his staff shall respect human
beneficiary state.
24.6. The Contractor may accept no payment connected with the contract other than
that provided for therein. The Contractor and his staff must not exercise any
activity or receive any advantage inconsistent with their obligations to the
Contracting Authority.
24.7. The Contractor and his staff shall be obliged to maintain professional secrecy for
24.8. The contract shall govern the Contracting Parties' use of all reports and
documents drawn up, received or presented by them during the execution of the
contract.
24.9. The Contractor shall refrain from any relationship likely to compromise his
Contracting Authority may, regardless of injury, terminate the contract without
further notice and without the Contractor having any claim to compensation.
24.10. The Commission reserves the right to suspend or cancel project financing if
corrupt practices of any kind are discovered at any stage of the award process
and if the Contracting Authority fails to take all appropriate measures to remedy
the situation. For the purposes of this provision, "corrupt practices" are the offer
of a bribe, gift, gratuity or commission to any person as an inducement or reward
for performing or refraining from any act relating to the award of a contract or
implementation of a contract already concluded with the Contracting Authority.

24.11. All tenders will be rejected or contracts terminated if it emerges that the award or
execution of a contract has given rise to unusual commercial expenses.
24.12. Such unusual commercial expenses are commissions not mentioned in the main
clearly identified or commissions paid to a company which has every appearance
of being a front company.
24.13. The Contractor undertakes to supply the Commission on request with all
supporting documents relating to the conditions of the contract's execution. The
Commission may carry out whatever documentary or on-the-spot checks it
deems necessary to find evidence in cases of suspected unusual commercial
expenses.
24.14. Contractors found to have paid unusual commercial expenses on projects funded
by the Community are liable, depending on the seriousness of the facts
observed, to have their contracts terminated or to be permanently excluded from
receiving Community funds.
25. Cancellation of the tender procedure

In the event of a tender procedure's cancellation, tenderers will be notified by the
Contracting Authority. If the tender procedure is cancelled before the outer envelope
of any tender has been opened, the sealed envelopes will be returned, unopened, to
the tenderers.
Cancellation may occur where:
 the tender procedure has been unsuccessful, namely where no qualitatively or

financially worthwhile tender has been received or there has been no response at
all;
 the economic or technical parameters of the project have been fundamentally

altered;
 exceptional circumstances or force majeure render normal performance of the

project impossible;
 all technically compliant tenders exceed the financial resources available;
 there have been irregularities in the procedure, in particular where these have
prevented fair competition.

In no circumstances will the Contracting Authority be liable for damages, whatever their
nature (in particular damages for loss of profits) or relationship to the cancellation of a
tender, even if the Contracting Authority has been advised of the possibility of damages.
The publication of a procurement notice does not commit the Contracting Authority to
implement the programme or project announced.

B.DRAFT CONTRACT AND SPECIAL
CONDITIONS, INCLUDING ANNEXES

DRAFT CONTRACT

Masarikova 1-3
11000 Beograd
<Name of Contracting Authority> ("The Contracting Authority"),
of the one part,

and
<Name of Contractor> (acronym) (“the Contractor”)
of the other part,
have agreed as follows:
CONTRACT TITLE: Supply and installation of luminaires with advanced optics

and sealsafe degree of protection, high pressure sodium lamps of advanced
characteristics and step dimming ballasts [Contract title]
Identification number: 401-00-36/2004-01[Publication reference]
Article 1 Subject
1.1 The subject of the contract shall be the cleaning and removal of the existing
luminaires, delivery and installation of new lamps, luminaires and distribution
boardsthe <delivery, installation and putting into operation> at <enter place of
deliveryDimitrija Tucovica Street in Belgrade>], performance time limit shall be
[number]21 days and the Incoterm applicable shall be Incoterm 5 DDP6, by the
Contractor, of the following supplies:
 Cleaning of the optical parts of 20 existing luminaries of type Z-3 (with

HPS 400W lamps)
 Removal of 20 existing HPS 400W lamps and delivery and installation of 20

new standard HPS 400W lamps
 Removal of 40 existing luminaries of type Z-3 and their transport to a

location determined by the Contracting Authority
5
Incoterms 2000 published by the International Chamber of Commerce
6
DDP/DDU - Incoterms 2000 International Chamber of Commerce

 Delivery and installation of 3 identical steel distribution boards with a lock

and key, each equipped with a 3-phase, double scale of charges,
multifunction digital electricity meter, 3x100A. Each board should be placed
on an appropriate pole (determined by the Contracting Authority), at a
height of 3m, and connected to the existing road lighting electrical circuit.
[general description of the supplies, including quantities], in 1, 2 or more. lot(s)
[lot no 1, general description with an indication of quantities]
[lot no 2, general description with an indication of quantities]
[lot no …]
1.2 The Contractor shall comply strictly with the terms of the Special Conditions and
the technical annex II.
1.3 The place of acceptance of the supplies shall be <…………………………….>,
Belgrade, the time limits for delivery shall be <……………………….> 10 days
and the Incoterm35 applicable shall be DDP46. The delivery period shall run from
the date of the signature of the contract by both Parties to [……].22.10.2005.

Article 2 Origin
The supplies must originate in the European Community or in the following
countries: Bulgaria, Romania, Turkey, Albania, Former Yugoslav Republic of
Macedonia, Bosnia & Herzegovina, Croatia and Serbia and Montenegro.or in the
following countries: Bulgaria, Romania, Turkey, Albania, former Yugoslav Republic
of Macedonia, Bosnia-Herzegovina, Croatia and Serbia-Montenegro. A certificate of
origin for the supplies must be provided by the Contractor at the latest when he
requests provisional acceptance of the supplies. Failure to comply with this condition
may result in the termination of the contract].
The origin of the goods shall be determined according to the Community Customs
Code or the international agreements to which the country concerned is a signatory.
Article 3 Price
3.1 The price of the supplies shall be that shown on the financial offer (specimen in
Annex III), <……> net (in words) and a provisional amount of a maximum of
<…> euro Euro (18% of the net value) for VAT, the payment of which will be
conditional on the VAT obligations. The total contract price shall be shown in
eurosEuros.
3.2 The price referred to in Article 3.1 above shall be the sole remuneration owed
by the Contracting Authority to the Contractor under the contract. It shall be firm
and shall not be subject to revision.
3.3 Payments shall be made in accordance with the General and/or Special
Conditions (Articles 26 to 28).
Article 4 Order of precedence of contract documents

The contract is made up of the following documents, in order of precedence:
- the contract agreement;

- the Special Conditions, including the technical annex (Annex II: Technical
specifications - Part 1);
- the Contractor's tender, including annexes (Annex II: Technical specifications -
Part 2);
- the budget breakdown (Annex III);
- the General Conditions (Annex I);
- the minutes of the information meeting/site visit;
- other provisions of the tender dossier.
The various documents making up the contract shall be deemed to be mutually

explanatory; in cases of ambiguity or divergence, they should be read in the order in
which they appear above.
Article 5 Communications
Any written communication relating to this Contract between the Contracting
Authority and/or the Project Manager, on the one hand, and the Contractor on the

other must state the Contract title and identification number, and must be sent by
post, fax, e-mail or by hand according to article 4 of the Special Conditions.

Done in English in three originals, two originals being for the Contracting Authority
and one original being for the Contractor.
For the Contractor For the Contracting Authority
Name: Name:
Position: Position:
Signature: Signature:
Date: Date:
Endorsed for financing by the Energy Efficiency Agency of the Republic of

Serbia on behalf of the European Community
Name:
Position:
Signature:
Date:

SPECIAL CONDITIONS
CONTENTS
These conditions amplify and supplement, if necessary, the General

Conditions governing the contract. Unless the Special Conditions provide
otherwise, those General Conditions remain fully applicable. The numbering
of the Articles of the Special Conditions is not consecutive but follows the
numbering of the Articles of the General Conditions. In exceptional cases,
and with the authorisation of the competent Commission departments, other
clauses may be introduced to cover specific situations.
ARTICLE 2 LAW APPLICABLE........................................................................................... 242324

ARTICLE 4 COMMUNICATIONS.........................................................................................242324
ARTICLE 7 SUPPLY OF DOCUMENTS...............................................................................242324
ARTICLE 8 ASSISTANCE WITH LOCAL REGULATIONSERROR! BOOKMARK NOT DEFINED.
ARTICLE 9 THE CONTRACTOR'S OBLIGATIONS................................................................2524
ARTICLE 10 ORIGIN.........................................................ERROR! BOOKMARK NOT DEFINED.
ARTICLE 11 PERFORMANCE GUARANTEE...........................................................................2524
ARTICLE 12 INSURANCE.......................................................................................................... 2524
ARTICLE 13 PERFORMANCE PROGRAMME (TIMETABLE)..................................................2625
ARTICLE 14 CONTRACTOR'S DRAWINGS.............................................................................2625
ARTICLE 15 TENDER PRICES.................................................................................................. 2625
ARTICLE 18 COMMENCEMENT ORDER..................................................................................2726
ARTICLE 19 PERIOD OF EXECUTION.....................................................................................2726
ARTICLE 22 VARIATIONS......................................................................................................... 2726
ARTICLE 24 QUALITY OF SUPPLIES.......................................................................................2726
ARTICLE 25 INSPECTION AND TESTING................................................................................2726
ARTICLE 26 METHODS OF PAYMENT.....................................................................................2726
ARTICLE 29 DELIVERY............................................................................................................. 2827
ARTICLE 31 PROVISIONAL ACCEPTANCE............................................................................2928
ARTICLE 32 WARRANTY.......................................................................................................... 2928
ARTICLE 35 BREACH OF CONTRACT.....................................................................................2928
ARTICLE 41 DISPUTE SETTLEMENT BY LITIGATION...........................................................2928
Article 45Further additional clauses............................................................................................ 2928

Article 2 Law applicable
2.1 Laws in force in the Republic of Serbia shall apply in all matters not covered by the
provisions of the contract.
2.2 The language used shall be English.
For the Contracting Authority
Contact name: Miloš Hadžić, dipl. ing. el.
Address: Milana Toplice b.b., 11000 Beograd
Fax: 011-3470-993
E-mail address: [email protected]
For the Contractor:

Contact name:
Address:
Fax:
E-mail address:
Communications will be carried out as defined by the General Conditions (Annex I,

Article 4) and, in addition, through the construction journal in which authorized
representatives of the Contracting Authority (Project Manager, nominated
Supervisor, etc.) and the Contractor’s authorized representatives will enter
demands, comments, information, decisions etc. In accordance with the current
Law on Planning and Construction of the Republic of Serbia.
Article 7 Supply of documents

7.4. The Project Manager shall make comments and/or objections concerning
drawings, technical documentation and data supplied by the Contractor within 7
calendar days of their submission and these comments and/or objections shall be
considered as accepted by the Contractor should he not contradict them in writing,
either by registered letter or fax sent to the Project Manager, within 7 days of their
receipt.
The absence of any comments and or objections from the Project Manager within
the 7 calendar days above shall be deemed to be approval.

Article 9 The Contractor's obligations
9.10. The Contractor shall ensure an adequate level of visibility of the European Agency
for Reconstruction during the execution of the whole of the contract. The
Contractor shall comply in full with the provisions of the “EU Visibility Guidelines for
external actions” all in accordance with the file on the web page:
http://europa.eu.int/comm/europeaid/visibility/pdf/europaid_guidelines_en.pdf
At the site will be erected a solidly fixed metallic type (or similar approved) display
panel with a size commensurate with the scale of operation. The display panels
must remain in place from the start of the project until six months after completion
of the project. The proposed size and design of display panel shall be submitted
by the Contractor to the Project Manger within two weeks after signature of
contract. The logos of EU, Energy Efficiency Agency of the Republic of Serbia, the
Contracting Authority and the Contractor shall appear on display panel, although
the EU logo must be displayed at least as prominently as those of all parties
involved in the project. All logos and markings shall require to be approved by the
Project Manager. No separate payment shall be made for the provision of the
display panel and the Contractor shall allow for the associated costs elsewhere in
his tender.
<other obligations>
Article 11 Performance guarantee

11.1. The performance guarantee for the full and proper performance of the contract
shall be for an amount of 10% of the total contract price.
Article 12 Insurance
The Contractor shall bear all risks at full replacement value and associated
expenses until provisional acceptance is agreed and certified. After signing the
provisional acceptance, the Project Manager acquires full title and ownership to
the goods supplied and the right to make full unimpaired use of the supplies
delivered. The Contractor shall furnish proof of the insurance policy and of regular
payment of premiums without delay whenever required to do so by the Contracting
Authority or the Project Manager.

Article 13 Performance programme (timetable)
The Contractor shall submit to the Project Manager for approval, within 14 days
from the date of signature of the Contract, an accurate and detailed programme
showing, in addition to provisions of Article 13 of the General Conditions of
Contract, the latest dates for: completion of manufacture, shipping, customs
clearance, arrival at place of acceptance, completion of installation, commissioning
and provisional acceptance within the time allowed for completion. No separate
payment shall be made for the preparation of such programme and the Contractor
shall allow for the associated costs elsewhere in his tender.
The Project Manager shall make comments and/or objections concerning the
Programme supplied by the Contractor within 14 calendar days of their
submission. It shall be considered that all these comments and/or objections are
accepted by the Contractor, if he should not contradict them in writing, either by
registered letter, or facsimile sent on the Project Manager, within 7 calendar days
of their receipt. The absence of any comments and or objections from the Project
Manager within the 14 calendar days above shall be deemed to be approval.
Article 14 Contractor's drawings

14.8. The Contractor shall submit the drawings and documents, by registered letter, to
the Project Manager for approval within 28 calendar days from the date of
signature of the Contract. The Project Manager shall make comments and/or
objections concerning drawings and documents supplied by the Contractor within
14 calendar days of their submission and these comments and/or objections shall
be considered as accepted by the Contractor should he not contradict them in
writing, either by registered letter or fax sent to the Project Manager, within seven
(7) days of their receipt.
The absence of any comments and or objections from the Project Manager within
the 14 calendar days above shall be deemed to be approval.
Article 15 Tender prices

The Contractor shall be deemed to have included in his tender, in addition to the
expenses specified in the General Conditions (Annex I, Article 15), other expenses
such as:
1.all costs related to current national regulations for the safety at work on the site,
2. all costs related to:
- manufacturing and erection of display panels, information boards and
warnings,
- transport of refuse and cleaning up the site when work is finished,
expenses for the transport and accommodation of his own workers.

Article 18 Commencement order
18.1 The Project Manager will inform the Contractor in writing on the date on which
performance of the contract is to commence but not later than 15 days after the
Contract has been signed.
18.2 The Project Manager will issue the commencement order by making an entrance
note in the construction journal as soon as permission is given by the Municipality
i.e. 8 days after the application form for construction has been submitted.
Article 19 Period of Execution

19.1 The deadline for completing all work is 60 21 days from the date of issuance of the
commencement order.
Article 22 Variations
The Contracting Authority reserves the right, at the time of contracting, to vary the
quantities specified for lot(s)/items of lot(s) No(s) [.....…] within a range of +/-10%.
The total value of the supplies may not rise or fall as a result of the variation in the
quantities by more than 20% of the contract price. The unit prices used in the
tender (using discounts, if any) shall be applicable to the quantities procured under
the variation.Not applicable.
Article 24 Quality of supplies

A preliminary technical acceptance before provisional acceptance is not required.
Article 25 Inspection and testing

25.1. The supplies shall be packaged and provided by separate delivery to each location
at the address given in Annex II. The Contractor shall make final installation and
connection to all existing fittings and fixings in the locations given. It shall be the
sole responsibility of the Contractor to check all site dimensions for completeness
and accuracy of placement of fixings and fittings before commencement of
delivery. The cost of these activities shall be contained in the overall price of the
equipment.
Article 26 Methods of payment

26.1. Payments shall be made in national currency (in Dinars) at the official middle
exchange rate for Euro on the date of payment at the official middle exchange rate
for euro on the date of payment) for contractors from the Republic of Serbia (and in
euro for other contractors). ). Payments shall be authorised and made by:
[relevant information]. EPS JP Elektrodistribucija Beograd
Masarikova 1-3
11000 Beograd

26.2. In order to obtain payments, the Contractor must forward to the authority referred
to in paragraph 26.1 above the following documents in good and due form:
a) For the 60% pre-financing, in addition to the payment request in duplicate, a

photocopy of the contract, the originals of the performance guarantee and the
pre-financing guarantee, with one photocopy.
b) For the 30% instalment, the invoice in triplicate.
c) For the balance of 10%, the invoice(s) in triplicate and, where appropriate, the
original of the security guarantee.
26.5. The payments shall be made as follows:
a) 60% of the contract price will be paid after signing of the contract, against
provision of the performance guarantee and a security guaranteeing repayment
in full of this pre-financing. The payment shall be made in two instalments.
b) 40% of the contract price will be paid after installation and putting the equipment
into operation, against a security guaranteeing repayment of the full amount of
the 10% balance. The security shall be released within 60 days of the final
acceptance of the supplies and works. The payment shall be made in two
instalments.
26.9 Price revision

The prices for the contract are fixed and not subject to revision.
Article 29 Delivery
29.1 The Contractor shall bear all risks at full replacement value and associated
expenses until provisional acceptance is agreed and certified. The supplies shall
be packaged so as to prevent their damage or deterioration in transit to their
destination.
29.2 [Specify anyThere are no specific packaging requirements.]
29.3 The packaging shall remain the property of the Contractor, subject to respect for
the environment, and must be removed by the Contractor and the site of
installation left clean and tidy, on completion of installation.
29.5. Each delivery shall be accompanied by:

- a copy of the detailed packing list;
- a copy of the Manufacturers Inspection and/or Works Test Certificates
The content of each package shall be itemised on a detailed packing list.
Every item of the delivered supplies will be recorded in the construction journal.
Successive deliveries will be agreed on by the Contractor and Project Manager,
depending on the conditions and circumstances on the site

29.6 The packages should bear the following identification:
Identification number: <Publication reference>401-00-36/2004-01

Number and description of item
Address: As per Technical Specifications (Annex II)
Article 31 Provisional acceptance
Provisional acceptance of the supplies will be carried out in line with provisions of
article 31 of the General Conditions of Contract, after the delivery and installation
of supplies to the location stated in Annex II. The certificate of provisional
acceptance will be issued when all the the contract obligations have been
completed, the site cleaned, the original state of the site restored.and the Minutes
of the Provisional Acceptance have been compiled and signed by the Project
Manager, the Contractor and the representative of the final user. With the Minutes
of the Provisional Acceptance shall be attached the construction journal, the book
(records) of inspections, necessary tests of quality, the original certificate of the
origin of the supplies and manuals in Serbian language.
Article 32 Warranty
The Contractor shall warrant that the supplies are new, unused, of the most recent
models and incorporate all recent improvements in design and materials. The
Contractor shall further warrant that none of the supplies have any defect arising
from design, materials or workmanship. This warranty shall remain valid for one
year after the date of provisional acceptance.
If any part of the equipment is not working because of defects related to
construction, material, production, incorrect programming or instalment, the
Contractor is obliged to replace that part of the equipment and put the system into
operation within 15 days including the date of reporting the defect.
Article 35 Breach of contract

If the injured party shall apply damages, those shall be liquidated damages. The
amount and procedures for these damages shall be those provided in the General
Conditions (Article 21 of Annex I).
Article 41 Dispute settlement by litigation

Any dispute between the Parties that may arise during the performance of this
contract and that has not been possible to settle within 60 days of the start of the
amicable dispute settlement procedure, between the Parties, shall be submitted to
Commercial court in <___city_______>Belgrade in accordance with the national
law of the Contracting Authority.
Article 45+ Further additional clauses

Not applicable.

ANNEX I : GENERAL CONDITIONS
FOR SUPPLY CONTRACTS FINANCED BY THE EUROPEAN

COMMUNITY
SUMMARY
PRELIMINARY PROVISIONS............................................................................................................................3130
Article 1 Definitions.....................................................................................................................................................3130
Article 2 Law and language of the contract..................................................................................................................3130
Article 3 Order of precedence of contract documents...................................................................................................3130
Article 4 Communications...........................................................................................................................................3231
Article 5 Assignment....................................................................................................................................................3231
Article 6 Subcontracting...............................................................................................................................................3332
OBLIGATIONS OF THE CONTRACTING AUTHORITY...............................................................................3433
Article 7 Supply of documents.....................................................................................................................................3433
Article 8 Assistance with local regulations...................................................................................................................3433
OBLIGATIONS OF THE CONTRACTOR.........................................................................................................3534
Article 9 General Obligations.......................................................................................................................................3534
Article 10 Origin............................................................................................................................................................ 3635
Article 11 Performance guarantee..................................................................................................................................3635
Article 12 Insurance....................................................................................................................................................... 3736
Article 13 Performance programme...............................................................................................................................3736
Article 14 Contractor's drawings....................................................................................................................................3837
Article 15 Sufficiency of tender prices...........................................................................................................................3938
Article 16 Tax and customs arrangements......................................................................................................................3938
Article 17 Patents and licences.......................................................................................................................................4039
COMMENCEMENT OF EXECUTION AND DELAYS....................................................................................4140
Article 18 Commencement order...................................................................................................................................4140
Article 19 Period of execution of tasks..........................................................................................................................4140
Article 20 Extension of period of execution...................................................................................................................4140
Article 21 Delays in execution.......................................................................................................................................4241
Article 22 Variations...................................................................................................................................................... 4241
Article 23 Suspension.................................................................................................................................................... 4443
MATERIALS AND WORKMANSHIP.................................................................................................................4645
Article 24 Quality of supplies........................................................................................................................................4645
Article 25 Inspection and testing....................................................................................................................................4645
PAYMENTS...........................................................................................................................................................4847
Article 26 General principles.........................................................................................................................................4847
Article 27 Payment to third parties.................................................................................................................................4948
Article 28 Delayed payments.........................................................................................................................................5049
ACCEPTANCE AND MAINTENANCE..............................................................................................................5150
Article 29 Delivery........................................................................................................................................................ 5150
Article 30 Verification operations..................................................................................................................................5150
Article 31 Provisional acceptance..................................................................................................................................5251
Article 32 Warranty obligations.....................................................................................................................................5352
Article 33 After-sales service.........................................................................................................................................5453
Article 34 Final acceptance............................................................................................................................................5554
BREACH OF CONTRACT AND TERMINATION............................................................................................5655
Article 35 Breach of contract.........................................................................................................................................5655
Article 36 Termination by the Contracting Authority....................................................................................................5655
Article 37 Termination by the Contractor......................................................................................................................5857
Article 38 Force majeure................................................................................................................................................5857
Article 39 Death............................................................................................................................................................. 5958
DISPUTE SETTLEMENT....................................................................................................................................6059
Article 40 Amicable dispute settlement..........................................................................................................................6059
Article 41 Dispute settlement by litigation.....................................................................................................................6059
ETHICS CLAUSES...............................................................................................................................................6160
Article 42 Ethics clauses................................................................................................................................................6160
Article 43 Administrative and financial penalties..........................................................................................................6261
Article 44 Checks and audits by Community bodies......................................................................................................6362

PRELIMINARY PROVISIONS
Article 1 Definitions
1.1 The headings and titles in these General Conditions shall not be taken as part
thereof or be taken into consideration in the interpretation of the contract.
1.2 Where the context so permits, words in the singular shall be deemed to include the
plural and vice versa, and words in the masculine shall be deemed to include the
feminine and vice versa.
1.3 Words designating persons or parties shall include firms and companies and any
organisation having legal capacity.
Article 2 Law and language of the contract

2.1 The Special Conditions shall specify the law governing all matters not covered by
the contract.
2.2 The contract and all written communications between the parties will be drafted in
the language of the procedure.
Article 3 Order of precedence of contract documents

3.1 Save where otherwise provided in the special conditions, the contract is made up of
the following documents, in order of precedence:
a) the contract agreement;
b) the Special Conditions with the Technical Annex;
c) the Contractor's tender, including annexes;
d) the financial bid (Annex III);
e) the General Conditions (Annex I);
f) [the minutes of the information meeting/site visit].;
Addenda have the order of precedence of the document they are modifying.
3.2. The various documents making up the contract shall be deemed to be mutually
explanatory; in cases of ambiguity or divergence, they should be read in the order in
which they appear above.

4.1 Communications between the Contracting Authority and/or the Project Manager on
the one hand, and the Contractor on the other, shall be exclusively in writing.
Unless otherwise specified in the Special Conditions, communications between the
Contracting Authority and/or the Project Manager on the one hand, and the
Contractor on the other hand, shall be sent by post, cable, telex, fax transmission,
or delivered by hand, to the addresses designated by the Parties for that purpose.
4.2 If the person sending a communication requires acknowledgement of receipt, he
shall indicate this in his communication. Whenever there is a deadline for the
receipt of a written communication, the sender should ask for an acknowledgement
of receipt of his communication. In any event, the sender shall take all necessary
measures to ensure receipt of his communication.
4.3 Wherever the contract provides for the giving or issue of any notice, consent,
approval, certificate or decision, unless otherwise specified such notice, consent,
approval, certificate or decision shall be in writing and the words "notify", "certify",
"approve" or "decide" shall be construed accordingly. Any such consent, approval,
certificate or decision shall not unreasonably be withheld or delayed.
Article 5 Assignment
5.1 An assignment shall be valid only if it is a written agreement by which the
Contractor transfers his contract or part thereof to a third party.
5.2 The Contractor may not, without the prior written consent of the Contracting
Authority, assign the contract or any part thereof, or any benefit or interest
thereunder, except in the following cases:
a) a charge, in favour of the Contractor's bankers, of any monies due or to

become due under the contract; or
b) the assignment to the Contractor's insurers of the Contractor's right to

obtain relief against any other person liable in cases where the insurers have
discharged the Contractor's loss or liability.
5.3 For the purpose of Article 5.2, the approval of an assignment by the Contracting
Authority shall not relieve the Contractor of his obligations for the part of the
contract already performed or the part not assigned.
5.4 If the Contractor has assigned his contract without authorisation, the Contracting
Authority may, without giving formal notice thereof, apply as of right the sanctions
for breach of contract provided for in Article 35.
5.5 Assignees must satisfy the eligibility criteria applicable for the award of the contract.

Article 6 Subcontracting
6.1 A subcontract shall be valid only if it is a written agreement by which the Contractor
entrusts performance of a part of his contract to a third party.
6.2 The Contractor shall not subcontract without the prior written authorisation of the
Contracting Authority. The elements of the contract to be subcontracted and the
identity of the subcontractors shall be notified to the Contracting Authority. The
Contracting Authority shall notify the Contractor of its decision within 30 days of
receiving the notification, stating its reasons if authorisation is withheld.
6.3 Subcontractors must satisfy the eligibility criteria applicable for the award of the
contract.
6.4 The Contracting Authority recognises no contractual link between itself and the
subcontractors.
6.5 The Contractor shall be responsible for the acts, defaults and negligence of his
subcontractors and their agents or employees, as if they were the acts, defaults or
negligence of the Contractor, his agents or employees. The approval by the
Contracting Authority of the subcontracting of any part of the contract or of the
subcontractor shall not relieve the Contractor of any of his obligations under the
contract.
6.6 If a subcontractor has undertaken any continuing obligation extending for a period
exceeding that of the warranty period under the contract towards the Contractor in
respect of the supplies provided by the subcontractor, the Contractor must, at any
time after the expiration of the warranty period, transfer immediately to the
Contracting Authority, at the Contracting Authority's request and cost, the benefit of
such obligation for the unexpired duration thereof.
6.7 If the Contractor enters into a subcontract without approval, the Contracting
Authority may, without giving formal notice thereof, apply as of right the sanctions
for breach of contract provided for in Article 35.

OBLIGATIONS OF THE CONTRACTING AUTHORITY
Article 7 Supply of documents

7.1 If necessary, within 30 days of the signing of the contract, the Project Manager
shall, where necessary, provide the Contractor, free of charge, with a copy of the
drawings prepared for the performance of the contract and a copy of the
specifications and other contract documents. The Contractor may purchase
additional copies of these drawings, specifications and other documents, in so far
as they are available. Upon the issue of the warranty certificate, or upon final
acceptance, the Contractor shall return to the Project Manager all drawings,
specifications and other contract documents.
7.2 Unless it is necessary for the purposes of the contract, the drawings, specifications
and other documents provided by the Project Manager shall not be used or
communicated to a third party by the Contractor without the prior consent of the
Project Manager.
7.3 The Project Manager shall have authority to issue to the Contractor administrative
orders incorporating such supplementary documents and instructions as are
necessary for the proper execution of the contract and the remedying of any defects
therein.
7.4 The special conditions must indicate the procedure used, if necessary, by the
Contracting Authority and the Project Manager to approve drawings and other
documents provided by the Contractor.
Article 8 Assistance with local regulations

8.1 The Contractor may request the assistance of the Contracting Authority in obtaining
copies of laws, regulations and information on local customs, orders or bye-laws of
the country where the supplies are to be delivered which may affect the Contractor
in the performance of his obligations under the contract. The Contracting Authority
may provide the assistance requested to the Contractor at the Contractor's cost.
8.2 If necessary, the Contractor shall duly notify the Contracting Authority of details of
the supplies so that the Contracting Authority can obtain the requisite permits or
import licences.
8.3 If necessary, the Contracting Authority will undertake to obtain, in accordance with
the Special Conditions, the requisite permits or import licences within a reasonable
period, taking account of the performance dates for the contract.
8.4 Subject to the provisions of the laws and regulations on foreign labour of the states
in which the supplies are to be delivered, the Contracting Authority shall make every
effort to help the Contractor obtain all the visas and permits required for the
personnel whose services the Contractor and the Contracting Authority consider
necessary and residence permits for their families.

OBLIGATIONS OF THE CONTRACTOR
Article 9 General Obligations

9.1 The Contractor shall perform the contract with due care and diligence including,
where specified, the design, manufacture, delivery to site, erecting, testing and
commissioning of the supplies and carrying out of any other work including the
remedying of any defects in the supplies. The Contractor shall also provide all
necessary equipment, supervision, labour and facilities required for the performance
of the contract.
9.2 The Contractor shall comply with administrative orders given by the Project
Manager. Where the Contractor considers that the requirement of an administrative
order goes beyond the scope of the contract, he shall, on pain of breach of contract,
notify the Project Manager thereof, giving his reasons, within 30 days of receipt of
the order. Execution of the administrative order shall not be suspended because of
this notice.
9.3 The Contractor shall respect and abide by all laws and regulations in force in the
state of the Contracting Authority and shall ensure that his personnel, their
dependants, and his local employees also respect and abide by all such laws and
regulations. The Contractor shall indemnify the Contracting Authority against any
claims and proceedings arising from any infringement by the Contractor, his
employees and their dependants of such laws and regulations.
9.4 The Contractor shall treat all documents and information received in connection with
the contract as private and confidential. He shall not, save in so far as may be
necessary for the purposes of the contract's execution, publish or disclose any
particulars of the contract without the prior consent in writing of the Contracting
Authority or the Project Manager. If any disagreement arises as to the necessity for
any publication or disclosure for the purpose of the contract, the decision of the
Contracting Authority shall be final.
9.5 If the Contractor is a joint venture or consortium of two or more persons, all such
persons shall be jointly and severally bound to fulfil the terms of the contract
according to the law of the state of the Contracting Authority and shall, at the
request of the Contracting Authority, designate one of such persons to act as leader
with authority to bind the joint venture or consortium. The composition of the joint
venture or consortium shall not be altered without the prior consent in writing of the
9.10 Save where the European Commission requests or agrees otherwise, the
Contractor shall take the necessary measures to ensure the visibility of the
European Union financing or cofinancing. These measures must comply with the
rules laid down and published by the Commission on the visibility of external
operations.

Article 10 Origin
10.1 Save where otherwise provided for in the Special Conditions, supplies must originate
in a Member State of the European Union or in one of the beneficiary countries as
stated in the invitation to tender. The origin of the goods shall be determined
according to the rules laid down in the Community Customs Code or the international
agreements to which the country concerned is a signatory.
10.2 The Contractor must certify that the goods tendered comply with this requirement,
specifying their respective countries of origin. He may be required to provide more
detailed information in this respect.
10.3 The Contractor shall present an official certificate of origin on provisional acceptance.
Failure to comply with this obligation shall lead, after formal notice, to termination of
the contract.
Article 11 Performance guarantee

11.1 The Contractor shall, within 30 days of receipt of the notification of the award of
contract, furnish the Contracting Authority with a guarantee for the full and proper
performance of the contract. The amount of the guarantee shall be specified in the
Special Conditions. It shall not exceed 10% of the amount of the contract price,
including any amounts stipulated in addenda to the contract.
11.2 The performance guarantee shall be held against payment to the Contracting
Authority for any loss resulting from the Contractor's failure to perform his contractual
obligations fully and properly.
11.3 The performance guarantee shall be in the format given in Annex IV and may be
provided in the form of a bank guarantee, a banker's draft, a certified cheque, a bond
provided by an insurance and/or bonding company or an irrevocable letter of credit. If
the performance guarantee is to be provided in the form of a bank guarantee, a
banker's draft, a certified cheque or a bond, it shall be issued by a bank or insurance
and/or bonding company in accordance with the eligibility criteria applicable for the
award of the contract.
11.4 The performance guarantee shall be denominated in the currency in which the
contract is payable. No payments shall be made in favour of the Contractor prior to
the provision of the guarantee. The guarantee shall continue to remain valid until the
contract has been fully and properly performed.
11.5 During the performance of the contract, if the natural or legal person providing the
guarantee is not able to abide by his commitments, the guarantee shall cease to be
valid. The Contracting Authority shall give formal notice to the Contractor to provide a
new guarantee on the same terms as the previous one. Should the Contractor fail to
provide a new guarantee, the Contracting Authority may terminate the contract.
Before so doing, the Contracting Authority shall send a registered letter with
acknowledgement of receipt, which shall set a new deadline of no less than 15 days
from the day of delivery of the letter.

11.6 The Contracting Authority shall demand payment from the guarantee of all sums for
which the guarantor is liable under the guarantee due to the Contractor's default
under the contract, in accordance with the terms of the guarantee and up to the value
thereof. The guarantor shall, without delay, pay those sums upon demand from the
Contracting Authority and may not raise any objection for any reason whatsoever.
Before making any claim under the performance guarantee, the Contracting Authority
shall notify the Contractor stating the nature of the default in respect of which the
claim is to be made.
11.7 Except for such part as may be specified in the Special Conditions in respect of after-
sales service, the performance guarantee shall be released within 30 days of the
issue of the final acceptance certificate.
Article 12 Insurance
12.1 An insurance policy may be required to cover the carriage of supplies; the conditions
of this insurance policy may be specified in Article 12 of the Special Conditions,
which may also specify other types of insurance to be taken out by the Contractor.
12.2 Notwithstanding the Contractor's insurance obligations under Article 12.1, the
Contractor shall bear sole liability for, and indemnify the Contracting Authority and
the Project Manager against, any claims by third parties for damage to property or
personal injuries arising from the execution of the contract by the Contractor, his
subcontractors and their employees.
Article 13 Performance programme

13.1 If the Special Conditions so require, the Contractor shall submit a programme of
performance of the contract for the approval of the Project Manager. The programme
shall contain at least the following:
a) the order in which the Contractor proposes to perform the contract
including design, manufacture, delivery to place of receipt, installation,
testing and commissioning;
b) the deadlines for submission and approval of the drawings;
c) a general description of the methods which the Contractor proposes to

adopt for executing the contract; and
d) such further details and information as the Project Manager may

reasonably require.
13.2 The Special Conditions shall specify the time limit within which the programme of
performance must be submitted to the Project Manager for approval. They may set
time limits within which the Contractor must submit all or part of the detailed
drawings, documents and items. They shall also state the deadline for the Project
Manager's approval or acceptance of the programme of performance, detailed
drawings, documents and items. The approval of the programme by the Project
Manager shall not relieve the Contractor of any of his obligations under the contract.

13.3 No material alteration to the programme shall be made without the approval of the
Project Manager. If, however, the progress of the performance of the contract does
not conform to the programme, the Project Manager may instruct the Contractor to
revise the programme and submit the revised programme to him for approval.
Article 14 Contractor's drawings

14.1 If the Special Conditions so provide, the Contractor shall submit to the Project
Manager for approval:
a) the drawings, documents, samples and/or models, according to the

time limits and procedures laid down in the Special Conditions;
b) such drawings as the Project Manager may reasonably require for the
performance of the contract.
14.2 If the Project Manager fails to notify his decision of approval referred to in Article 14.1
within the deadlines referred to in the contract or the approved programme of
performance, such drawings, documents, samples or models shall be deemed to be
approved on expiry of the deadlines. If no deadline is specified, they shall be deemed
to be approved 30 days after receipt.
14.3 Approved drawings, documents, samples and models shall be signed or otherwise
identified by the Project Manager and may only be departed from on the Project
Manager's instructions. Any of the Contractor's drawings, documents, samples or
models which the Project Manager fails to approve shall immediately be modified to
meet the requirements of the Project Manager and resubmitted by the Contractor for
approval.
14.4 The Contractor shall supply additional copies of approved drawings in the form and
numbers stated in the contract or in subsequent administrative orders.
14.5 The approval of the drawings, documents, samples or models by the Project
Manager shall not relieve the Contractor from any of his obligations under the
contract.
14.6 The Project Manager shall have the right to inspect all drawings, documents,
samples or models relating to the contract at the Contractor's premises at all
reasonable times.
14.7 Before provisional acceptance of the supplies, the Contractor shall supply operation
and maintenance manuals together with drawings, which shall be in such detail as
will enable the Project Manager to operate, maintain, adjust and repair all parts of the
supplies. Unless otherwise stated in the Special Conditions, the manuals and
drawings shall be in the language of the contract and in such forms and numbers as
stated in the contract. The supplies shall not be considered completed for the
purpose of provisional acceptance until such manuals and drawings have been
supplied to the Contracting Authority.

Article 15 Sufficiency of tender prices
15.1 Subject to any provisions which may be laid down in the Special Conditions, the
Contractor shall be deemed to have satisfied himself before submitting his tender as
to the correctness and sufficiency of the tender and to have taken account of all that
is required for the full and proper performance of the contract and to have included in
his rates and prices all costs related to the supplies, in particular:
a) the costs of transport;
b) the costs of handling, packing, loading, unloading, transit, delivery,
unpacking, checking, insurance and other administrative costs in connection
with the supplies. The packaging shall be the property of the Contracting
Authority unless otherwise provided in the Special Conditions;
c) the cost of documents relating to the supplies where such documents are
required by the Contracting Authority;
d) performance and supervision of on-site assembly and/or commissioning of
the delivered supplies;
e) furnishing of tools required for assembly and/or maintenance of the

delivered supplies;
f) furnishing of detailed operation and maintenance manuals for each unit of
the delivered supplies, as specified in the contract;
g) supervision or maintenance and/or repair of the supplies, for a period of
time stated in the contract, with the stipulation that this service shall not
release the Contractor from any warranty obligations under the contract;
h) training of the Contracting Authority's personnel, at the Contractor's

factory and/or elsewhere as specified in the contract.
15.2 Since the Contractor is deemed to have determined his prices on the basis of his
own calculations, operations and estimates, he shall, at no additional charge, carry
out any work that is the subject of any item in his tender for which he indicates
neither a unit price nor a lump sum.
Article 16 Tax and customs arrangements

16.1 For supplies manufactured locally, all internal fiscal charges applicable to their
manufacture shall be excluded.
16.2 For supplies to be imported into the country of the Contracting Authority, all duties
and taxes applicable to their importation, including VAT shall be excluded.
16.3 Whatever the origin of the supplies, the contract shall be exempt from stamp and
registration duties.

Article 17 Patents and licences
Save where otherwise provided in the Special Conditions, the Contractor shall
indemnify the Contracting Authority and the Project Manager against any claim
resulting from the use as specified in the contract of patents, licences, drawings,
models, or brand or trade marks, unless such infringement results from compliance
with the design or specification provided by the Contracting Authority and/or the
Project Manager.

COMMENCEMENT OF EXECUTION AND DELAYS
Article 18 Commencement order

18.1 The Contracting Authority shall fix the date on which performance of the contract is
to commence and advise the Contractor thereof either in the notice of award of the
contract or by administrative order issued by the Project Manager.
18.2 Save where the Parties agree otherwise, performance of the contract shall begin no
later than 90 days after notification of award of contract. After that date the
Contractor shall be entitled not to perform the contract and to obtain its termination
or compensation for the damage he has suffered. The Contractor shall forfeit this
right unless he exercises it within 30 days of the expiry of the 90-day period.
Article 19 Period of execution of tasks

19.1 The period of execution of tasks shall commence on the date fixed in accordance
with Article 18 and shall be as stated in the contract, without prejudice to extensions
of the period which may be granted under Article 20.
19.2 If provision is made for separate periods of performance for separate lots, such
periods shall not be aggregated in cases where one Contractor is allocated more
than one lot.
Article 20 Extension of period of execution

20.1 The Contractor may request an extension to the period of execution if his
performance of the contract is delayed, or expected to be delayed, for any of the
following reasons:
a) extra or additional supplies ordered by the Contracting Authority;
b) exceptional weather conditions in the country of the Contracting Authority
which may affect installation or erection of the supplies;
c) physical obstructions or conditions which may affect delivery of the
supplies, which could not reasonably have been foreseen by a competent
contractor;
d) administrative orders affecting the date of completion other than those
arising from the Contractor's default;
e) failure of the Contracting Authority to fulfil its obligations under the

contract;
f) any suspension of the delivery and/or installation of the supplies which is

not due to the Contractor's default;
g) force majeure;
h) any other causes referred to in these General Conditions which are not
due to the Contractor's default.

20.2 Within 15 days of realising that a delay might occur, the Contractor shall notify the
Project Manager of his intention to make a request for extension of the period of
performance to which he considers himself entitled and, save where otherwise
agreed between the Contractor and the Project Manager, within 30 days provide the
Project Manager with comprehensive details so that the request can be examined.
20.3 Within 30 days the Project Manager shall, by written notice to the Contractor after
due consultation with the Contracting Authority and, where appropriate, the
Contractor, grant such extension of the period of performance as may be justified,
either prospectively or retrospectively, or inform the Contractor that he is not entitled
to an extension.
Article 21 Delays in execution

21.1 If the Contractor fails under his own responsibility to deliver any or all of the goods
or perform the services within the time limit(s) specified in the contract, the
Contracting Authority shall, without formal notice and without prejudice to its other
remedies under the contract, be entitled, for every day which shall elapse between
the expiry of the contractual period and the actual date of completion, to liquidated
damages equal to 5/1000 of the value of the undelivered supplies to a maximum of
15% of the total value of the contract.
21.2 If the non-delivery of any of the goods prevents the normal use of the supplies as a
whole, the liquidated damages provided for in paragraph 21.1 shall be calculated on
the basis of the total contract value.
21.3 If the Contracting Authority has become entitled to claim at least 15% of the contract
value it may, after giving written notice to the Contractor:
- seize the performance guarantee;

- terminate the contract, in which case the Contractor will have no right to
compensation; and
- enter into a contract with a third party for the provision of the balance of the
supplies. The Contractor shall not be paid for this part of the contract. The
Contractor shall also be liable for the additional costs and damages caused
by his failure.
Article 22 Variations
22.1 Subject to the limits set in the Practical Guide to contract procedures financed by
the budget of the European Communities in the context of external actions, the
Contracting Authority reserves the right, at the time of contracting, to vary the
quantities as stated in the Special Conditions. The total value of the supplies may
not rise or fall as a result of the variation in the quantities by more than 25% of the
contract price. The unit prices used in the tender shall be applicable to the
quantities procured under the variation.

22.2 The Project Manager shall have the power to order any variation to any part of the
supplies necessary for the proper completion and/or functioning of the supplies.
Such variations may include additions, omissions, substitutions, changes in quality,
quantity, form, character, kind, as well as drawings, designs or specifications where
the supplies are to be specifically manufactured for the Contracting Authority,
method of shipment or packing, place of delivery, and in the specified sequence,
method or timing of execution of the supplies. No order for a variation may result in
the invalidation of the contract, but the financial effect of any such variation shall be
valued in accordance with Article 22.6.
22.3 No variation shall be made except by administrative order, subject to the following
provisos:
a) if, for whatever reason, the Project Manager believes it necessary to give an
order orally, he shall confirm the order by an administrative order as soon as
possible;
b) if the Contractor confirms in writing an oral order given for the purpose of
Article 22.3.a and the confirmation is not contradicted in writing forthwith by
the Project Manager, an administrative order shall be deemed to have been
issued for the variation;
c) an administrative order for a variation shall not be required when increasing

or decreasing the quantity of any work because the estimates in the bill of
quantities or budget breakdown were too high or too low.
22.4 Save where Article 22.2 provides otherwise, prior to issuing an administrative order
for a variation, the Project Manager shall notify the Contractor of the nature and
form of that variation. As soon as possible, after receiving such notice, the
Contractor shall submit to the Project Manager a proposal containing:
- a description of the tasks, if any, to be performed or the measures to be

taken and a performance programme;
- any necessary modifications to the performance programme or to any of the

Contractor's obligations under the contract;
- any adjustment to the contract price in accordance with the rules set out in
Article 22.
22.5 Following the receipt of the Contractor's submission referred to in Article 22.4, the
Project Manager shall, after due consultation with the Contracting Authority and,
where appropriate, the Contractor, decide as soon as possible whether or not the
variation should be carried out. If the Project Manager decides that the variation is
to be carried out, he shall issue an administrative order stating that the variation is
to be made at the prices and under the conditions given in the Contractor's
submission referred to in Article 22.4 or as modified by the Project Manager in
accordance with Article 22.6.

22.6 The prices for all variations ordered by the Project Manager in accordance with
Articles 22.3 and 22.5 shall be ascertained by the Project Manager in accordance
with the following principles:
- where the task is of similar character and executed under similar conditions
to an item priced in the bill of quantities or budget breakdown, it shall be
valued at such rates and prices contained therein;
- where the task is not of similar character or is not executed under similar
conditions, the rates and prices in the contract shall be used as the basis for
valuation in so far as is reasonable, failing which a fair valuation shall be
made by the Project Manager;
- if the nature or amount of any variation relative to the nature or amount of the
whole of the contract or to any part thereof is such that, in the opinion of the
Project Manager, any rate or price contained in the contract for any item of
work is by reason of such variation rendered unreasonable, then the Project
Manager shall fix such rate or price as he thinks reasonable and proper in
the circumstances;
- where a variation is necessitated by a default or breach of contract by the

Contractor, any additional cost attributable to such variation shall be borne
by the Contractor.
22.7 On receipt of the administrative order requesting the variation, the Contractor shall
proceed to carry out the variation and be bound by that order in so doing as if such
variation were stated in the contract. The supplies shall not be delayed pending the
granting of any extension of time for completion or adjustment to the contract price.
Where the order for a variation precedes the adjustment to the contract price, the
Contractor shall keep records of the costs of undertaking the variation and of the
time expended thereon. Such records shall be open to inspection by the Project
Manager at all reasonable times.
22.8 Contractual variations not covered by an administrative order must be formalised

through an addendum to the contract signed by all parties. Changes of address or
bank account may simply be notified in writing by the Contractor to the Contracting
Authority. Any contractual variations must respect the general principles defined in
the Practical guide to contract procedures financed by the general budget of the
European Communities in the context of external actions.
Article 23 Suspension
23.1 The Project Manager may, by administrative order, at any time, instruct the
Contractor to suspend:
a) the manufacture of the supplies; or
b) the delivery of supplies to the place of acceptance at the time specified for
delivery in the performance programme or, if no time specified, at the time
appropriate for it to be delivered; or
c) the installation of the supplies which have been delivered to the place of
acceptance.

23.2 The Contractor shall, during suspension, protect and secure the supplies affected at
the Contractor's warehouse or elsewhere, against any deterioration, loss or damage
to the extent possible and as instructed by the Project Manager, even if supplies
have been delivered to the place of acceptance in accordance with the contract but
their installation has been suspended by the Project Manager.
23.3 Additional expenses incurred in connection with such protective measure shall be
added to the contract price. The Contractor shall not be paid any additional
expenses if the suspension is:
a) dealt with differently in the contract; or
b) necessary by reason of normal climatic conditions at the place of
acceptance; or
c) necessary owing to some default of the Contractor; or
d) necessary for the safety or the proper execution of the contract or any part
thereof insofar as such necessity does not arise from any act or default by
the Project Manager or the Contracting Authority.
23.4 The Contractor shall not be entitled to such additions to the contract price unless he
notifies the Project Manager, within 30 days of receiving the order to suspend
progress of delivery, of his intention to make a claim for them.
23.5 The Project Manager, after consultation with the Contracting Authority and the
Contractor, shall determine such extra payment and/or extension of the period of
performance to be made to the Contractor in respect of such claim as shall, in the
opinion of the Project Manager, be fair and reasonable.
23.6 If the period of suspension exceeds 180 days, and the suspension is not due to the
Contractor's default, the Contractor may, by notice to the Project Manager, request
to proceed with the supplies within 30 days, or terminate the contract.
23.7 Where the award procedure or performance of the contract is vitiated by substantial
errors or irregularities or by fraud, the Contracting Authority shall suspend
performance of the contract. Where such errors, irregularities or fraud are
attributable to the Contractor, the Contracting Authority may also refuse to make
payments or may recover monies already paid, in proportion to the seriousness of
the errors, irregularities or fraud.
The purpose of suspending the contract shall be to verify whether presumed

substantial errors and irregularities or fraud have actually occurred. If they are not
confirmed, performance of the contract shall resume as soon as possible. A
substantial error or irregularity shall be any infringement of a contract or regulatory
provision resulting from an act or an omission that causes or might cause a loss to
the Community budget.

MATERIALS AND WORKMANSHIP
Article 24 Quality of supplies

24.1 The supplies must in all respects satisfy the technical specifications laid down in the
contract and conform in all respects to the drawings, surveys, models, samples,
patterns and other requirements in the contract, which must be held at the disposal
of the Contracting Authority or the Project Manager for the purposes of identification
throughout the period of performance.
24.2 Any preliminary technical acceptance stipulated in the Special Conditions should be
the subject of a request sent by the Contractor to the Project Manager. The request
shall specify the materials, items and samples submitted for such acceptance
according to the contract and indicate the lot number and the place where
acceptance is to take place, as appropriate. The materials, items and samples
specified in the request must be certified by the Project Manager as meeting the
requirements for such acceptance prior to their incorporation in the supplies.
24.3 Even if materials or items to be incorporated in the supplies or in the manufacture of

components to be supplied have been technically accepted in this way, they may
still be rejected if a further examination reveals defects or faults, in which case they
must immediately be replaced by the Contractor. The Contractor may be given the
opportunity to repair and make good materials and items which have been rejected,
but such materials and items will be accepted for incorporation in the supplies only if
they have been repaired and made good to the satisfaction of the Project Manager.
Article 25 Inspection and testing

25.1 The Contractor shall ensure that the supplies are delivered to the place of
acceptance in time to allow the Project Manager to proceed with acceptance of the
supplies. The Contractor is deemed to have fully appreciated the difficulties which
he might encounter in this respect, and he shall not be permitted to advance any
grounds for delay.
25.2 The Project Manager shall be entitled, from time to time, to inspect, examine,
measure and test the components, materials and workmanship, and check the
progress of preparation, fabrication or manufacture of anything being prepared,
fabricated or manufactured for delivery under the contract, in order to establish
whether the components, materials and workmanship are of the requisite quality
and quantity. This shall take place at the place of manufacture, fabrication,
preparation or at the place of acceptance or at such other places as may be
specified in the Special Conditions.
25.3 For the purposes of such tests and inspections, the Contractor shall:
a) provide the Project Manager, temporarily and free of charge, with such
assistance, test samples or parts, machines, equipment, tools, labour,
materials, drawings and production data as are normally required for
inspection and testing;

b) agree, with the Project Manager, the time and place for tests;
c) give the Project Manager access at all reasonable times to the place where
the tests are to be carried out.
25.4 If the Project Manager is not present on the date agreed for tests, the Contractor
may, unless otherwise instructed by the Project Manager, proceed with the tests,
which shall be deemed to have been made in the Project Manager's presence. The
Contractor shall immediately send duly certified copies of the test results to the
Project Manager, who shall, if he has not attended the test, be bound by the test
results.
25.5 When components and materials have passed the above-mentioned tests, the
Project Manager shall notify the Contractor or endorse the Contractor's certificate to
that effect.
25.6 If the Project Manager and the Contractor disagree on the test results, each shall
state his views to the other within 15 days of such disagreement. The Project
Manager or the Contractor may require such tests to be repeated on the same
terms and conditions or, if either Party so requests, by an expert selected by
common consent. All test reports shall be submitted to the Project Manager, who
shall communicate the results of these tests without delay to the Contractor. The
results of retesting shall be conclusive. The cost of retesting shall be borne by the
Party whose views are proved wrong by the retesting.
25.7 In the performance of their duties, the Project Manager and any person authorised
by him shall not disclose to unauthorised persons information concerning the
undertaking's methods of manufacture and operation obtained through inspection
and testing.

PAYMENTS
Article 26 General principles
26.1 Payments shall be made in euro or national currency. The Special Conditions shall
lay down the administrative or technical conditions governing payments of pre-
financing, interim and/or final payments made in accordance with the General
Conditions.
26.2 Payments due by the Contracting Authority shall be made to the bank account
mentioned on the financial identification form completed by the Contractor. The
same form, annexed to the payment request, must be used to report changes of
bank account.
26.3 Sums due shall be paid within no more than 45 calendar days from the date on
which an admissible payment request is registered by the competent department
specified in the Special Conditions. The date of payment shall be the date on which
the institution's account is debited. The payment request shall not be admissible if
one or more essential requirements are not met.
26.4 The 45-day period may be suspended by notifying the Contractor that the payment
request cannot be fulfilled because the sum is not due, because appropriate
substantiating documents have not been provided or because there is evidence that
the expenditure might not be eligible. In the latter case, an inspection may be carried
out on the spot for the purpose of further checks. The Contractor shall provide
clarifications, modifications or further information within 30 days of being asked to do
so. The payment period shall continue to run from the date on which a properly
drawn-up payment request is registered.
26.5 The payments shall be made as follows:

a) 60% of the contract price after the signing of the contract, against
provision of the performance guarantee and a security guaranteeing
repayment in full of this pre-financing;
b) 30% of the contract price following provisional acceptance of the supplies;
c) 10% of the contract price, as payment of the balance outstanding,
following final acceptance of the supplies. However, this payment of 10%
may, if the Contractor so wishes, be made at the same time as the 30%
instalment referred to in paragraph 26.5.b if the Contractor provides a
security guaranteeing repayment of the full amount of the 10% balance. The
security shall be released within 60 days of the final acceptance of the
supplies.
26.6 Where only part of the supplies have been delivered, the 30% payment due
following partial provisional acceptance shall be calculated on the value of the
supplies which have actually been accepted and the security shall be released
accordingly.

26.7 For supplies not covered by a warranty period, the payments listed above shall be
aggregated. The conditions to which the payments of pre-financing, interim and/or
final payments are subject, shall be as stated in the Special Conditions.
26.8 The payment obligations of the EC under this Contract shall cease at most 18
months after the end of the period of execution of the tasks, unless the Contract is
terminated in accordance with these General Conditions.
26.9 Unless otherwise stipulated in the Special Conditions, contracts shall be at fixed
prices, which shall not be revised.
26.10 The Contractor undertakes to repay any amounts paid in excess of the final amount
due to the Contracting Authority within 45 days of receiving a request to do so.
Should the Contractor fail to make repayment within the deadline set by the
Contracting Authority, the Contracting Authority may (unless the Contractor is a
government department or public body of a Member State of the Community)
increase the amounts due by adding interest:
- at the rediscount rate applied by the central bank of the country of the Contracting
Authority if payments are in the currency of that country;
- at the rate applied by the European Central Bank to its main refinancing
transactions in euro where payments are in euro,
on the first day of the month in which the time-limit expired, plus three and a half
percentage points. The default interest shall be incurred over the time which
elapses between the date of the payment deadline set by the Contracting Authority
(exclusive), and the date on which payment is actually made (inclusive). Any partial
payments shall first cover the interest thus established.
Amounts to be repaid to the Contracting Authority may be offset against amounts of

any kind due to the Contractor. This shall not affect the Parties' right to agree on
payment in instalments. Bank charges incurred by the repayment of amounts due to
the Contracting Authority shall be borne entirely by the Contractor.
Article 27 Payment to third parties

27.1 Orders for payments to third parties may be carried out only after an assignment
made in accordance with Article 5. The Contracting Authority shall be notified of the
assignment.
27.2 Notification of beneficiaries of the assignment shall be the sole responsibility of the
Contractor.
27.3 In the event of a legally binding attachment of the property of the Contractor
affecting payments due to him under the contract, and without prejudice to the time
limit laid down in the Special Conditions, the Contracting Authority shall have 30
days, starting from the day on which it receives notification of the definitive lifting of
the obstacle to payment, to resume payments to the Contractor.

Article 28 Delayed payments
28.1 The Contracting Authority shall pay the Contractor sums due within 45 days of the
date on which an admissible payment is registered, in accordance with Article 43 of
these General Conditions. This period shall begin to run from the approval of these
documents by the competent department referred to in Article 43 of the Special
Conditions. These documents shall be approved either expressly or tacitly, in the
absence of any written reaction in the 45 days following their receipt accompanied by
the requisite documents.
28.2 Once the deadline laid down in Article 28.1 has expired, the Contractor may, within
two months of late payment, claim late-payment interest:
- at the rediscount rate applied by the issuing institution of the country of the
Contracting Authority where payments are in national currency;
- at the rate applied by the European Central Bank to its main refinancing
transactions in euro, as published in the Official Journal of the European Union,
where payments are in euro,
on the first day of the month in which the deadline expired, plus seven percentage
points. The late-payment interest shall apply to the time which elapses between the
date of the payment deadline (exclusive) and the date on which the Contracting
Authority's account is debited (inclusive).
28.3 Any default in payment of more than 90 days from the expiry of the period laid down
in Article 28.1 shall entitle the Contractor either not to perform the contract or to
terminate it, with 30 days' prior notice to the Contracting Authority and the Project
Manager.

ACCEPTANCE AND MAINTENANCE
Article 29 Delivery
29.1 The Contractor shall deliver the supplies in accordance with the conditions of the
contract. The supplies shall be at the risk of the Contractor until their provisional
acceptance.
29.2 The Contractor shall provide such packaging of supplies as is required to prevent
their damage or deterioration in transit to their destination as indicated in the
contract. The packaging shall be sufficient to withstand, without limitation, rough
handling, exposure to extreme temperatures, salt and precipitation during transit
and open storage. Package size and weight shall take into consideration, where
appropriate, the remoteness of the final destination of the supplies, and the possible
absence of heavy handling facilities at all points in transit.
29.3 The packaging, marking and documentation inside and outside the packages shall
comply with such requirements as shall be expressly provided for in the Special
Conditions, subject to any variations subsequently ordered by the Project Manager.
29.4 No supplies shall be shipped or delivered to the place of acceptance until the
Contractor has received a delivery order from the Project Manager. The Contractor
shall be responsible for the delivery at the place of acceptance of all supplies and
supplier's equipment required for the purpose of the contract. If the Project Manager
fails either to issue the certificate of provisional acceptance or to reject the
Contractor's application within the period of 30 days, he shall be deemed to have
issued the certificate on the last day of that period.
29.5 Each delivery must be accompanied by a statement drawn up by the Contractor.

This statement shall be as specified in the Special Conditions.
29.6 Each package shall be clearly marked in accordance with the Special Conditions.
29.7 Delivery shall be deemed to have been made when there is written evidence
available to both Parties that delivery of the supplies has taken place in accordance
with the terms of the contract, and the invoice(s) and all such other documentation
specified in the Special Conditions, have been submitted to the Contracting
Authority. Where the supplies are delivered to an establishment of the Contracting
Authority, the latter shall bear the responsibility of bailee, in accordance with the
requirements of the law applicable to the contract, during the time which elapses
between delivery for storage and acceptance.
Article 30 Verification operations

30.1 The supplies shall not be accepted until the prescribed verifications and tests have
been carried out at the expense of the Contractor. The inspections and tests may
be conducted before shipment, at the point of delivery and/or at the final destination
of the goods.

30.2 The Project Manager shall, during the progress of the delivery of the supplies and
before the supplies are taken over, have the power to order or decide:
a) the removal from the place of acceptance, within such time or times as may
be specified in the order, of any supplies which, in the opinion of the Project
Manager, are not in accordance with the contract;
b) their replacement with proper and suitable supplies;
c) the removal and proper re-installation, notwithstanding any previous test

thereof or interim payment therefor, of any installation which in respect of
materials, workmanship or design for which the Contractor is responsible, is
not, in the opinion of the Project Manager, in accordance with the contract;
d) that any work done or goods supplied or materials used by the Contractor is
or are not in accordance with the contract, or that the supplies or any portion
thereof do not fulfil the requirements of the contract.
30.3 The Contractor shall, with all speed and at his own expense, make good the defects
so specified. If the Contractor does not comply with such order, the Contracting
Authority shall be entitled to employ other persons to carry out the orders and all
expenses consequent thereon or incidental thereto shall be deducted by the
Contracting Authority from any monies due or which may become due to the
Contractor.
30.4 Supplies which are not of the required quality shall be rejected. A special mark may
be applied to the rejected supplies. This shall not be such as to alter them or affect
their commercial value. Rejected supplies shall be removed by the Contractor from
the place of acceptance, if the Project Manager so requires, within a period which
the Project Manager shall specify, failing which they shall be removed as of right at
the expense and risk of the Contractor. Any works incorporating rejected materials
shall be rejected.
30.5 The provisions of Article 30 shall not affect the right of the Contracting Authority to
claim under Article 21, nor shall it in any way release the Contractor from any
warranty or other obligations under the contract.
Article 31 Provisional acceptance

31.1 The supplies shall be taken over by the Contracting Authority when they have been
delivered in accordance with the contract, have satisfactorily passed the required
tests, or have been commissioned as the case may be, and a certificate of
provisional acceptance has been issued or is deemed to have been issued.
31.2 The Contractor may apply, by notice to the Project Manager, for a certificate of
provisional acceptance when supplies are ready for provisional acceptance. The
Project Manager shall within 30 days of receipt of the Contractor's application
either:
- issue the certificate of provisional acceptance to the Contractor with a copy

to the Contracting Authority stating, where appropriate, his reservations, and,
inter alia, the date on which, in his opinion, the supplies were completed in
accordance with the contract and ready for provisional acceptance; or
- reject the application, giving his reasons and specifying the action which, in
his opinion, is required of the Contractor for the certificate to be issued.
31.3 Should exceptional circumstances make it impossible to proceed with the

acceptance of the supplies during the period fixed for provisional or final
acceptance, a statement certifying such impossibility shall be drawn up by the
Project Manager after consultation, where possible, with the Contractor. The
certificate of acceptance or rejection shall be drawn up within 30 days following the
date on which such impossibility ceases to exist. The Contractor shall not invoke
these circumstances in order to avoid the obligation of presenting the supplies in a
state suitable for acceptance.
31.4 If the Project Manager fails either to issue the certificate of provisional acceptance
or to reject the supplies within the period of 30 days, he shall be deemed to have
issued the certificate on the last day of that period, except where the certificate of
provisional acceptance is deemed to constitute a certificate of final acceptance. In
this case, Article 34.2 below does not apply. If the supplies are divided by the
contract into lots, the Contractor shall be entitled to apply for a separate certificate
for each lot.
31.5 In case of partial delivery, the Contracting Authority reserves the right to give partial
provisional acceptance.
31.6 Upon provisional acceptance of the supplies, the Contractor shall dismantle and
remove temporary structures and materials no longer required for use in connection
with the performance of the contract. He shall also remove any litter or obstruction
and redress any change in the condition of the place of acceptance as required by
the contract.
Article 32 Warranty obligations

32.1 The Contractor shall warrant that the supplies are new, unused, of the most recent
models and incorporate all recent improvements in design and materials, unless
otherwise provided in the contract. The Contractor shall further warrant that all
supplies shall have no defect arising from design, materials or workmanship, except
insofar as the design or materials are required by the specifications, or from any act
or omission, that may develop under use of the supplies in the conditions obtaining
in the country of the Contracting Authority. This warranty shall remain valid as
specified in the Special Conditions.
32.2 The Contractor shall be responsible for making good any defect in, or damage to,
any part of the supplies which may appear or occur during the warranty period and
which:
a) results from the use of defective materials, faulty workmanship or design of

the Contractor; or
b) results from any act or omission of the Contractor during the warranty period;
or
c) appears in the course of an inspection made by, or on behalf of, the


32.3 The Contractor shall at his own cost make good the defect or damage as soon as
practicable. The warranty period for all items replaced or repaired shall
recommence from the date on which the replacement or repair was made to the
satisfaction of the Project Manager. If the contract provides for partial acceptance,
the warranty period shall be extended only for the part of the supplies affected by
the replacement or repair.
32.4 If any such defect appears or such damage occurs during the warranty period, the
Contracting Authority or the Project Manager shall notify the Contractor. If the
Contractor fails to remedy a defect or damage within the time limit stipulated in the
notification, the Contracting Authority may:
a) remedy the defect or the damage itself, or employ someone else to carry out
the work at the Contractor's risk and cost, in which case the costs incurred by
the Contracting Authority shall be deducted from monies due to or
guarantees held against the Contractor or from both; or
b) terminate the contract.
32.5 In emergencies, where the Contractor cannot be reached immediately or, having
been reached, is unable to take the measures required, the Contracting Authority or
the Project Manager may have the work carried out at the expense of the
Contractor. The Contracting Authority or the Project Manager shall as soon as
practicable inform the Contractor of the action taken.
32.6 The maintenance obligations shall be stipulated in the Special Conditions and
technical specifications. If the duration of the warranty period is not specified, it shall
be 365 days. The warranty period shall commence on the date of provisional
acceptance and may recommence in accordance with Article 32.3.
Article 33 After-sales service

An after-sales service, if required by the contract, shall be provided in accordance
with the details stipulated in the Special Conditions. The Contractor shall undertake
to carry out or have carried out the maintenance and repair of supplies and to
provide a rapid supply of spare parts. The Special Conditions may specify that the
Contractor must provide any or all of the following materials, notifications and
documents pertaining to spare parts manufactured or distributed by the Contractor:
a) such spare parts as the Contracting Authority may choose to purchase from the
Contractor, it being understood that this choice shall not release the Contractor from
any warranty obligations under the contract;
b) in the event of termination of production of the spare parts, advance notification

to the Contracting Authority to allow it to procure the parts required and, following
such termination, provision at no cost to the Contracting Authority of the blueprints,
drawings and specifications of the spare parts, if and when requested.

Article 34 Final acceptance
34.1 Upon expiry of the warranty period or, where there is more than one such period,
upon expiry of the latest period, and when all defects or damage have been
rectified, the Project Manager shall issue the Contractor a final acceptance
certificate, with a copy to the Contracting Authority, stating the date on which the
Contractor completed his obligations under the contract to the Project Manager's
satisfaction. The final acceptance certificate shall be issued by the Project Manager
within 30 days of the expiry of the warranty period or as soon as any repairs
ordered under Article 32 have been completed to the satisfaction of the Project
Manager.
34.2 The contract shall not be considered to have been performed in full until the final
acceptance certificate has been signed or is deemed to have been signed by the
Project Manager.
34.3 Notwithstanding the issue of the final acceptance certificate, the Contractor and the
Contracting Authority shall remain liable for the fulfilment of any obligation incurred
under the contract prior to the issue of the final acceptance certificate which
remains unperformed at the time that final acceptance certificate is issued. The
nature and extent of any such obligation shall be determined by reference to the
provisions of the contract.

BREACH OF CONTRACT AND TERMINATION
Article 35 Breach of contract

35.1 A Party shall be in a breach of contract if it fails to discharge any of its obligations
under the contract.
35.2 Where a breach of contract occurs, the injured Party shall be entitled to the
following remedies:
a) damages; and/or
b) termination of the contract.
35.3 In addition to the above-mentioned measures, damages may be awarded. They

may be either:
a) general damages; or
b) liquidated damages.
The amount and procedures for these damages shall be laid down in the Special
Conditions.
35.4 Recovery of damages, disbursements or expenses resulting from the application of

measures provided for in this Article shall be effected by deduction from the sums
due to the Contractor, from the deposit, or by payment under the guarantee.
Article 36 Termination by the Contracting Authority

36.1 The Contracting Authority may, after giving the Contractor seven days' notice,
terminate the contract in any of the following cases:
a) the Contractor substantially fails to perform his obligations under this
contract;
b) the Contractor fails to comply within a reasonable time with a notice given by
the Project Manager requiring him to make good any neglect or failure to
perform his obligations under the contract which seriously affects the proper
and timely performance of the works;
c) the Contractor refuses or neglects to carry out administrative orders given by

the Project Manager;
d) the Contractor assigns the contract or subcontracts without the authorisation

of the Contracting Authority;
e) the Contractor is bankrupt or being wound up, is having its affairs

administered by the courts, has entered into an arrangement with creditors,
has suspended business activities, is the subject of proceedings concerning
those matters, or is in any analogous situation arising from a similar
procedure provided for in national legislation or regulations;
f) the Contractor has been convicted of an offence concerning professional
conduct by a judgment which has the force of res judicata;
g) the Contractor has been guilty of grave professional misconduct proven by

any means which the Contracting Authority can justify;
h) the Contractor has been the subject of a judgment which has the force of res
judicata for fraud, corruption, involvement in a criminal organisation or any
other illegal activity detrimental to the Communities' financial interests;
i) the Contractor, following another procurement procedure or grant award

procedure financed by the Community budget, has been declared to be in
serious breach of contract for failure to perform its contractual obligations;
j) any organisational modification occurs involving a change in the legal

personality, nature or control of the Contractor, unless such modification is
recorded in an addendum to the contract;
k) any other legal disability hindering performance of the contract occurs;
l) the Contractor fails to provide the required guarantee or insurance, or if the

person providing the earlier guarantee or insurance required under the
present contract is not able to abide by his commitments.
36.2 Termination shall be without prejudice to any other rights or powers of the
Contracting Authority and the Contractor under the contract. The Contracting
Authority may, thereafter, conclude any other contract with a third party on behalf of
the Contractor. The Contractor's liability for delay in completion shall immediately
cease upon termination without prejudice to any liability thereunder that may
already have occurred.
36.3 The Project Manager shall, upon the issue of the notice of termination of the
contract, instruct the Contractor to take immediate steps to bring the execution of
the supplies to a close in a prompt and orderly manner and to reduce expenditure to
a minimum.
36.4 In the event of termination, the Project Manager shall, as soon as possible and in
the presence of the Contractor or his representatives or having duly summoned
them, draw up a report on the supplies delivered and the work performed and take
an inventory of the materials supplied and unused. A statement shall also be drawn
up of monies due to the Contractor and of monies owed by the Contractor to the
Contracting Authority as at the date of termination of the contract.
36.5 The Contracting Authority shall not be obliged to make any further payments to the
Contractor until the supplies are completed, whereupon the Contracting Authority
shall be entitled to recover from the Contractor the extra costs, if any, of providing
the supplies or shall pay any balance due to the Contractor prior to the termination
of the contract.
36.6 If the Contracting Authority terminates the contract it shall be entitled to recover
from the Contractor any loss it has suffered under the contractual conditions set out
in Article 2 of the Special Conditions.

36.7 This contract shall be automatically terminated if it has given risen to no payment in
the three years following its signing.
Article 37 Termination by the Contractor

37.1 The Contractor may, after giving 14 days notice to the Contracting Authority,
terminate the contract if the Contracting Authority:
- fails to pay the Contractor the amounts due under any certificate issued by
the Project Manager after the expiry of the deadline stated in the Special
Conditions;
- consistently fails to meet its obligations after repeated reminders; or
- suspends the delivery of the supplies, or any part thereof, for more than 180
days, for reasons not specified in the contract or not attributable to the
Contractor.
37.2 Termination shall be without prejudice to any other rights or powers under the
contract of the Contracting Authority and the Contractor.
37.3 In the event of such termination, the Contracting Authority shall pay the Contractor
for any loss or damage the Contractor may have suffered.
Article 38 Force majeure

38.1 Neither Party shall be considered to be in default or in breach of its obligations
under the contract if the performance of such obligations is prevented by any event
of force majeure arising after the date of notification of award or the date when the
contract becomes effective, whichever is the earlier.
38.2 For the purposes of this Article, the term "force majeure" means acts of God,
strikes, lock-outs or other industrial disturbances, acts of the public enemy, wars
whether declared or not, blockades, insurrection, riots, epidemics, landslides,
earthquakes, storms, lightning, floods, washouts, civil disturbances, explosions and
any other similar unforeseeable events which are beyond the Parties' control and
cannot be overcome by due diligence.
38.3 Notwithstanding the provisions of Articles 21 and 36, the Contractor shall not be
liable to forfeiture of his performance guarantee, liquidated damages or termination
for default if, and to the extent that, his delay in performance or other failure to
perform his obligations under the contract is the result of an event of force majeure.
Nor, notwithstanding the provisions of Articles 28 and 37, shall the Contracting
Authority be liable for the payment of interest on delayed payments, for non-
performance or for termination by the Contractor for default if, and to the extent that,
the Contracting Authority's delay or other failure to perform its obligations is the
result of force majeure.

38.4 If either Party considers that any circumstances of force majeure have occurred
which may affect performance of its obligations, it shall promptly notify the other
Party and the Project Manager, giving details of the nature, the probable duration
and the likely effect of the circumstances. Unless otherwise directed by the Project
Manager in writing, the Contractor shall continue to perform his obligations under
the contract as far as is reasonably practicable, and shall employ every reasonable
alternative means to perform any obligations that the event of force majeure does
not prevent him from performing. The Contractor shall not employ such alternative
means unless directed to do so by the Project Manager.
38.5 If the Contractor incurs additional costs in complying with the Project Manager's
directions or using alternative means under Article 38.4, the amount thereof shall be
certified by the Project Manager.
38.6 If circumstances of force majeure have occurred and continue for a period of 180
days then, notwithstanding any extension of time for completion of the contract that
the Contractor may by reason thereof have been granted, either Party shall be
entitled to serve the other with 30 days' notice to terminate the contract. If, on the
expiry of the period of 30 days, the situation of force majeure still applies, the
contract shall be terminated and, by virtue of the law governing the contract, the
Parties shall be released from further performance of the contract.
Article 39 Death
39.1 Where the Contractor is a natural person, the contract shall be automatically
terminated if that person dies. However, the Contracting Authority shall examine
any proposal made by the heirs or beneficiaries if they have notified their wish to
continue the contract. The decision of the Contracting Authority shall be notified to
those concerned within 30 days of receipt of such proposal.
39.2 Where the Contractor consists of a number of natural persons and one or more of
them die, a report shall be agreed between the Parties on the progress of the
contract, and the Contracting Authority shall decide whether to terminate or
continue the contract in accordance with the undertaking given by the survivors and
by the heirs or beneficiaries, as the case may be.
39.3 In the cases provided for in Articles 39.1 and 39.2, persons offering to continue to
perform the contract shall notify the Contracting Authority thereof within 15 days of
the date of decease.
39.4 Such persons shall be jointly and severally liable for the proper performance of the
contract to the same extent as the original Contractor. Continuation of the contract
shall be subject to the rules relating to establishment of the guarantee provided for
in Article 11.

DISPUTE SETTLEMENT
Article 40 Amicable dispute settlement

40.1 The Parties shall make every effort to settle amicably any dispute which may arise
between them. Once a dispute has arisen, the Parties shall notify each other in
writing of their positions on the dispute and any solution which they consider
possible. If either Party deems it useful, the Parties shall meet and try and settle the
dispute. A Party shall respond to a request for amicable settlement within 30 days of
such a request. The maximum period laid down for reaching such a settlement shall
be 120 days from the commencement of the procedure. Should the attempt to reach
an amicable settlement fail or a Party fail to respond in time to requests for a
settlement, either Party shall be free to proceed to the next stage of the dispute-
settlement procedure by notifying the other.
40.2 If the amicable dispute-settlement procedure fails, the Parties may, in the case of
decentralised contracts, agree to try conciliation through the European Commission.
If no settlement is reached within 120 days of the start of the conciliation procedure,
each Party shall be entitled to move on to the next state of the dispute-settlement
procedure.
Article 41 Dispute settlement by litigation

If no settlement is reached within 120 days of the start of the amicable dispute-
settlement procedure, each Party may seek:
a) either a ruling from a national court
b) or an arbitration ruling
in accordance with the Special Conditions of this contract.

ETHICS CLAUSES
Article 42 Ethics clauses

42.1 Any attempt by a candidate or tenderer to obtain confidential information, enter into
unlawful agreements with competitors or influence the committee or the Contracting
Authority during the process of examining, clarifying, evaluating and comparing
tenders shall lead to the rejection of his candidacy or tender.
42.2 Without the Contracting Authority's prior written authorisation, a Contractor and his
staff or any other company with which the Contractor is associated or linked may
not, even on an ancillary or subcontracting basis, supply other services, carry out
works or supply equipment for the project.
42.3 This prohibition also applies to any other programmes or projects that could, owing
to the nature of the contract, give rise to a conflict of interest on the part of the
Contractor.
42.4 When putting forward a candidacy or tender, the candidate or tenderer shall declare
that he is affected by no potential conflict of interest and has no particular link with
other tenderers or parties involved in the project. Should such a situation arise
during performance of the contract, the Contractor must immediately inform the
42.5 The Contractor must at all times act impartially and as a faithful adviser in
accordance with the code of conduct of his profession. He shall refrain from making
public statements about the project or services without the Contracting Authority's
prior approval. He may not commit the Contracting Authority in any way without its
prior written consent.
42.6 For the duration of the contract the Contractor and his staff shall respect human
beneficiary state.
42.7 The Contractor may accept no payment connected with the contract other than that
provided for therein. The Contractor and his staff must not exercise any activity or
receive any advantage inconsistent with their obligations to the Contracting
Authority.
42.8 The Contractor and his staff shall be obliged to maintain professional secrecy for
42.9 The contract shall govern the Parties' use of all reports and documents drawn up,
received or presented by them during the execution of the contract.

42.10 The Contractor shall refrain from any relationship likely to compromise his
Contracting Authority may, regardless of injury, terminate the contract without
further notice and without the Contractor having any claim to compensation.
42.11 The Commission reserves the right to suspend or cancel project financing if corrupt
practices of any kind are discovered at any stage of the award process and if the
Contracting Authority fails to take all appropriate measures to remedy the situation.
For the purposes of this provision, "corrupt practices" are the offer of a bribe, gift,
gratuity or commission to any person as an inducement or reward for performing or
refraining from any act relating to the award of a contract or implementation of a
contract already concluded with the Contracting Authority.
42.12 Such unusual commercial expenses are commissions not mentioned in the main
clearly identified or commissions paid to a company which has every appearance of
being a front company.
42.13 The Contractor undertakes to supply the Commission on request with all supporting
documents relating to the conditions of the contract's execution. The Commission
may carry out whatever documentary or on-the-spot checks it deems necessary to
find evidence in cases of suspected unusual commercial expenses.
Article 43 Administrative and financial penalties

43.1 Without prejudice to the application of penalties laid down in the contract, a
Contractor who has been guilty of making false declarations or has been found to
have seriously failed to meet his contractual obligations in an earlier procurement
procedure shall be excluded from all contracts and grants financed by the
Community budget for a maximum of two years from the time when the infringement
is established, as confirmed after an adversarial procedure with the Contractor. The
Contractor may present his arguments against this penalty within 30 days of
notification of the penalty by registered letter with acknowledgement of receipt or
any equivalent means. In the absence of any reaction on the part of the Contractor,
or of withdrawal of the penalty by the Commission within 30 days of receipt of the
Contractor's arguments against it, the decision imposing the penalty shall become
enforceable. That period may be increased to three years in the event of a repeat
offence within five years of the first infringement.
43.2 If the Contractor is found to have seriously failed to meet its contractual obligations,
it shall incur financial penalties representing 10% of the total value of the contract in
question. That rate may be increased to 20% in the event of a repeat offence within

Article 44 Checks and audits by Community bodies
44.1 The Contractor will allow the European Commission, the European Anti-Fraud
Office and the European Court of Auditors to verify, by examining the documents or
by means of on-the-spot checks, the implementation of the project and conduct a
full audit, if necessary, on the basis of supporting documents for the accounts,
accounting documents and any other document relevant to the financing of the
project. These inspections may take place up to 7 years after the final payment.
44.2 Furthermore, the Contractor will allow the European Anti-Fraud Office to carry out
checks and verification on the spot in accordance with the procedures set out in the
European Community legislation for the protection of the financial interests of the
European Communities against fraud and other irregularities.
44.3 To this end, the Contractor undertakes to give appropriate access to staff or agents
of the European Commission, of the European Anti-Fraud Office and of the European
Court of Auditors to the sites and locations at which the Contract is carried out,
including its information systems, as well as all documents and databases
concerning the technical and financial management of the project and to take all
steps to facilitate their work. Access given to agents of the European Commission,
European Anti-Fraud Office and the European Court of Auditors shall be on the basis
of confidentiality with respect to third parties, without prejudice to the obligations of
public law to which they are subject. Documents must be easily accessible and filed
so as to facilitate their examination and the Consultant must inform the Contracting
Authority of their precise location.
44.4 The Contractor guarantees that the rights of the European Commission, of the
European Anti-Fraud Office and of the European Court of Auditors to carry out
audits, checks and verification will be equally applicable, under the same conditions
and according to the same rules as those set out in this Article, to any sub-contractor
or any other party benefiting from EC funds.

ANNEX II : TECHNICAL SPECIFICATIONS
Part 1 - specified by the Contracting Authority
1. Introduction
< short description of the project>This project is intended to show the scope and possibilities
of improved photometric performance and energy savings in street lighting by application of
luminaires with advanced optics and sealsafe degree of protection, high pressure sodium lamps of
MASTER type and step dimming ballasts. The demo installation will be performed in Dimitrija
Tucovica Street in Belgrade.
The contract should provide for cleaning, removal, delivery, installation and putting into operation
of the equipment as listed in the detailed technical specification below. Destination of all items
shall be:
Name of site:<_____________________>
Address:<_________________________>: Dimitrija Tucovića Street
City: Belgrade:<____________________________>, Republic of Serbia
Contact person:< Miloš Hadžić, dipl. ing. el._______________________________>
2. Detailed specification
All equipment supplied must meet the following specifications:
Lot No. ___
Item Quantity Description
1. Cleaning of Cleaning of the optical parts of existing luminaires of type Z-3 (with HPS
optical parts of 20 pieces 400W lamps), installed at a height of 10m at Dimitrija Tucovica Street in
luminaires Belgrade
Removal of existing HPS 400W lamps and delivery and installation of new
2. Replacement 20 pieces standard HPS 400W lamps in the same luminaries, installed at a height of
of lamps 10m at Dimitrija Tucovica Street in Belgrade
3. Removal of Removal of existing luminaires of type Z-3 and their transport to a location
luminaires 40 pieces determined by the Contracting Authority (the luminaires are installed at a
height of 10m at Dimitrija Tucovica Street in Belgrade)
Delivery and installation of new luminaires with step dimming ballasts and
4. Delivery and HPS 400W lamps with increased luminous flux (at least 56500lm) and
installation of 20 pieces prolonged life time (at least 20000h) - the luminaires will be installed on
new luminaires the existing pole brackets (tilt angle 6°) at a height of 10m at Dimitrija
Tucovica Street in Belgrade
Type of luminaire: ONYX 3N/400, equivalent or better
Delivery and installation of new luminaires with step dimming ballasts and
5. Delivery and HPS 250W lamps with increased luminous flux (at least 33000lm) and
installation of 20 pieces prolonged life time (at least 20000h) - the luminaires will be installed on

new luminaires
the existing pole brackets (tilt angle 6°) at a height of 10m at Dimitrija
Type of luminaire: ONYX 2N/250, equivalent or better
6. Delivery and Delivery and installation of a steel distribution board with a lock and key,
installation of equipped with a 3-phase, double scale of charges, multifunction digital
distribution 3 pieces electricity meter, 3x100A. The board should be placed on an appropriate
boards existing pole (determined by the Contracting Authority), at a height of 3m,
and connected to the existing road lighting electrical circuit at Dimitrija
<enclosed drawings>
Technical description
Luminaires
The new luminaires should have advanced optics.
The body and the cover of the new luminaires should be made of die cast aluminium alloy, polyester powder
coated, with RAL colour similar to the colour of the existing luminaires.
The closing system should be made of stainless steel.
The protector should be made of thermally and mechanically hardened glass, with impact resistance IK 08
and optimal transparency. It should be resistant to UV rays and temperature variations, and should eliminate
the electrostatic build-up of dust particles.
Electrical insulation must be of class I.
The reflector should be made of deep drawn, polished and anodized high-purity aluminium sheet (purity of at
least 99.5% is required).
The optical compartment should consist of the protector permanently sealed onto a reflector, providing non-
changeable tightness level of IP 66 (“Sealsafe”).
The control gear compartment tightness level should not be less than IP 43. The control gear should be
mounted on an easily removable plate.
Direct access to the lamp and control gear should be provided with no tools necessary. All parts of the
luminaire should be secured during the maintenance intervention.
The luminaire should be applicable for installation on the existing bracket of 60mm in diameter without
additional mounting elements needed.
The luminaire should be equipped with an adjustment system providing multiple positions of the lamp inside
the optical compartment (minimum 5 positions).
Lamps
All HPS lamps intended for the 40 new luminaires should be tubular, 400W or 250W (as required),
T≈2000K, of life time of at least 20000h with luminous flux depreciation of maximum 10%. Initial luminous
flux for HPS 250W should not be less than 33000lm, and for HPS 400W not less than 56500lm.
Ballasts

All new luminaires should be supplied with a chronosense controller in combination with a separate step
dimming ballast, which should provide 100% and 50% of initial lamp luminous flux. The ballasts should
resist at least 1300C.
Ignitors
The ignitors should be of series version. They should ensure reliable and smooth starting. The ignitors should
be equipped with screw terminal blocks. Their case should resist at least 105 0C.
Special photometric requirements
The Contractor is obliged to determine the lamp position inside the luminaire which will meet the following
requirements:
- TI and overall and longitudinal uniformity as specified for road lighting class M2,
- the maximum possible luminance level for Dimitrija Tucovica Street in Belgrade, described by:
o central (twin-bracket) lighting arrangement,
o luminaire height of 10m,
o luminaire spacing of 30m,
o luminaire overhang of 1.3m,
o luminaire tilt angle of 60,
o 2 lanes for each direction, each 3m wide,
o central reservation of 1m and
o road surface reflection class of R3 (Q o=0.07 cd/lxm2).
The Contractor is obliged to submit all of the photometric calculations which justify the optimum lamp
position inside the luminaire.
3. After-sales service
After-sales service (i.e. availability of the spare parts on the local market, the provision of the
contact addresses of service places, provisions for repairs, etc.) shall be provided for the period of
5 years. The Contractor is required to provide in his technical offer a description of how the after-
sales service will be provided for the period required above. After-sales service expenditures shall
not be subject of the supply contract.
4. Additional requirements
The Contractor is required to provide in his technical offer a list of the manufacturer’s
recommended spare parts and consumables. The spare parts and consumables shall not form a
part of the supplies as specified in Instructions to tenderers / Special Conditions of the Contract.
5. Compliance with standards of Serbia and Montenegro and international standards
All parts of the supply must comply with the national legislation/regulations and relevant
international standards and agreements to which Serbia and Montenegro is a signatory.

Part 2 - the Contractor's technical offer

ANNEX III : Financial offer
Page No. […] of […]
PUBLICATION REFERENCE: […………………………] 401-00-36/2004-01 NAME OF TENDERER:
[……………………………]
A B C D E
ITEM QUANTITY DESCRIPTION OF ARTICLE UNIT COSTS WITH TOTAL

DELIVERY [DDP] TO
<PLACE OF IN EUROS WITHOUT
ACCEPTANCE>BELG VAT
RADE
IN EUROS WITHOUT
VAT
1. Cleaning of optical 20 pieces Cleaning of the optical parts of existing

parts of luminaires1 <…………….> luminaires of type Z-3 (with HPS 400W lamps),
installed at a height of 10m at Dimitrija
Tucovica Street in Belgrade<…………….>
Removal of existing HPS 400W lamps and

2. Replacement of 20 delivery and installation of new standard HPS
lamps2 pieces<……… 400W lamps in the same luminaires, installed at
…….> a height of 10m at Dimitrija Tucovica Street in
Belgrade<…………….>
Removal of existing luminaires of type Z-3 and

3. Removal of 40 their transport to a location determined by the
luminairesetc. pieces<……… Contracting Authority (the luminaires are
…….> installed at a height of 10m at Dimitrija
Tucovica Street in Belgrade)<…………….>
Delivery and installation of new luminaires with

4. Delivery and 20 pieces- step dimming ballasts and HPS 400W lamps
installation of new with increased luminous flux (at least 56500lm)
luminaires and prolonged life time (at least 20000h) - the
luminaires will be installed on the existing pole
brackets (tilt angle 6°) at a height of 10m at
Dimitrija Tucovica Street in Belgrade
Type of luminaire: ONYX 3N/400, equivalent or

better
Delivery and installation of new luminaires with

step dimming ballasts and HPS 250W lamps
5. Delivery and 20 pieces with increased luminous flux (at least 33000lm)
installation of new and prolonged life time (at least 20000h) - the
luminaires luminaires will be installed on the existing pole
brackets (tilt angle 6°) at a height of 10m at
Dimitrija Tucovica Street in Belgrade
Type of luminaire: ONYX 2N/250, equivalent or

better
6. Delivery and 3 pieces Delivery and installation of a steel distribution board

installation of with a lock and key, equipped with a 3-phase,
distribution boards double scale of charges, multifunction digital
electricity meter, 3x100A. The board should be
placed on an appropriate existing pole (determined
by the Contracting Authority), at a height of 3m, and
connected to the existing road lighting electrical
circuit at Dimitrija Tucovica Street in Belgrade
Total
Done at:[………………………], [../../..] by [name]
On behalf of […………………………] [tenderer's stamp and signature]

ANNEX IV : MODEL PERFORMANCE GUARANTEE
[On the headed notepaper of the financial institution providing the guarantee]
Title of contract: SUPPLY AND INSTALLATION OF LUMINAIRES WITH ADVANCED

LAMPS OF ADVANCED CHARACTERISTICS AND STEP DIMMING BALLASTS < Title
of contract>
Identification number: <Publication reference>401-00-36/2004-01
We the undersigned, [name, company name, address], hereby declare that we will
guarantee, not merely jointly and severally, but as principal debtor, to [Contracting
Authority's name and address] on behalf of [Contractor's name and address], the payment
of [amount of the performance guarantee], representing the performance guarantee
mentioned in Article 11 of the Special Conditions without dispute, on receipt of a first
written request from the beneficiary.
This guarantee shall enter into force and take effect from [indicate the date of entry into
force of the contract].
We note that you will release the guarantee and notify us of the fact at the latest within
thirty days of receipt of the final statement [except for the part assigned to the after sales
service as stipulated in the Special Conditions].
Any dispute concerning this guarantee shall be governed by [enter the law applicable] and
fall within the competence of [indicate which jurisdiction applies].
Name: …………………………… Position: …………………
Signature: ……………..
Date: <Date>

ANNEX V : PRE-FINANCING GUARANTEE FORM
Title of contract: SUPPLY AND INSTALLATION OF LUMINAIRES WITH ADVANCED

LAMPS OF ADVANCED CHARACTERISTICS AND STEP DIMMING BALLASTS
Identification number: 401-00-36/2004-01

Title of contract: < Title of contract>
Identification number: <Publication reference>
We, the undersigned, [name, company name, address], hereby declare that we will
Authority's name and address] on behalf of [Contractor's name and address], the payment
of [indicate the amount of the pre-financing / balance], corresponding to the pre-
financing/balance as mentioned in Article 26.2 of the Special Conditions without dispute,
on receipt of a first written request from the beneficiary.
The guarantee will enter into force and take effect from the [indicate the date of payment
of the pre-financing / balance].
We note that you will release the guarantee and notify us of the fact at the latest [within
sixty days of provisional / final acceptance of the goods / within thirty days of receipt of the
final statement].
Any dispute concerning this guarantee shall be governed by [enter the law applicable] and
fall within the competence of [indicate which jurisdiction applies].
Name: …………………………… Position: …………………

Date: <Date>

C.FURTHER INFORMATION
GLOSSARY
Successful tenderer: The tenderer selected at the end of the procedure for the award
of the contract.
Contracting Authority: The party which concludes the contract as provided in the
Financing Agreement, be it the Commission for and on behalf of the beneficiary, a
country or a legal person governed by public or private law, as mentioned in the
financing agreement.
Project Manager: The legal or natural person responsible for monitoring the
execution of the contract on behalf of the Contracting Authority and/or the
Commission, where the latter is not the Contracting Authority.
Supplies: All items which the Contractor is required to supply to the Contracting
Authority, including, where necessary, services such as installation, testing,
commissioning, provision of expertise, supervision, maintenance, repair, training and
other such obligations connected with the items to be provided under the contract.
Hybrid contract: A contract between the contracting authority and a service provider,
supplier or construction firm covering two or more of the following: works, supplies and
services.
General conditions: The general contractual provisions setting out the

administrative, financial, legal and technical clauses governing the execution of
contracts.
Special conditions: The special conditions laid down by the Contracting Authority
as an integral part of the tender dossier, including modifications to the general
conditions, clauses specific to the contract and the terms of reference (for a
service contract) or technical specifications (for a supply or works contract).
Evaluation committee: A committee made up of an odd number of voting members

(at least three) appointed by the Contracting Authority and possessing the technical,
linguistic and administrative capacities necessary to give an informed opinion on
tenders.
Written communications: Certificates, notices, orders and instructions issued in

writing under the contract.
Administrative order: Any instruction or order issued by the Project Manager to the
Contractor in writing regarding the provision of the supplies.
Conflict of interest: Any event influencing the capacity of a candidate, tenderer or

contractor to give an objective and impartial professional opinion, or preventing him, at
any moment, from giving priority to the interests of the Contracting Authority. Any
consideration relating to possible contracts in the future or conflict with other
commitments, past or present, of a candidate, tenderer or contractor, or any conflict
with his own interests. These restrictions also apply to subcontractors and employees
of the candidate, tenderer or contractor.

There is a conflict of interests within the meaning of Article 52 of the Financial
Regulation where the impartial and objective exercise of the functions of a player in
the implementation of the budget or an internal auditor is compromised for reasons
involving family, emotional life, political or national affinity, economic interest or any
other shared interest with the beneficiary.
Breakdown of the overall price: A heading-by-heading list of the rates and costs
making up the price for a lump-sum contract.
Period: A period begins the day after the act or event chosen as its starting point.
Where the last day of a period is not a working day in the country of the Contracting
Authority, the period expires at the end of the next working day.
Day: Calendar day.
In writing: This includes any hand-written, typed or printed communication, including

telex, cable and fax transmissions.
Supply contract: Supply contracts cover the purchase, leasing, rental or hire
purchase, with or without option to buy, of products. The delivery of products may in
addition include siting, installation and maintenance.
Foreign currency: Any currency, other than the euro, which is permissible under the
applicable provisions and regulations and has been indicated in the tender.
National currency: The currency of the country of the Contracting Authority.
Tender price: The sum stated by the tenderer in its tender for carrying out the
contract.
Contract value: The sum stated in the contract representing the initial estimate
payable for carrying out the supplies, or such other sum as ascertained at the end of
the contract as due under the contract.
Most economically advantageous tender: The tender deemed to be best in terms of

the specific criteria laid down for the contract in question, e.g. quality, technical
properties, aesthetic and functional qualities, after-sales service and technical
assistance, delivery date or performance period, the price or lowest price. These
criteria must be published in the procurement notice or stated in the tender dossier.
Tenderer: Any natural or legal person or group thereof submitting a tender with a view
to concluding a contract. The terms "supplier", "contractor" and "service provider" refer
to three categories of economic operator, natural or legal persons, who supply
products, execute works and provide services respectively.
Open procedure: Calls for tender are open where all interested economic operators
may submit a tender.
Liquidated damages: The sum stated in the contract as compensation payable by

the Contractor to the Contracting Authority for failure to complete the contract or part
thereof within the periods under the contract, or as payable by either party to the other
for any specific breach identified in the contract.
General damages: The sum not stated beforehand in the contract, which is awarded
by a court or an arbitration tribunal, or agreed between the parties, as compensation
payable to an injured party for a breach of the contract by the other party.

ADMINISTRATIVE COMPLIANCE GRID
(The criteria indicated are those used by the Evaluation Committee.)
Supply and installation of luminaires with advanced optics and sealsafe degree Publication 401-00-36/2004-01
Contract title : of protection, high pressure sodium lamps of advanced characteristics and step Reference :
dimming ballasts
Tender Name of Tenderer Is tenderer Is Is Is tender Is tenderer's Other Overall

envelope (consortium) documentation language submission declaration administrative decision?
number nationality7 complete? as form signed (by requirements
eligible? (Y/N) required? complete? all for tender (Accept /
(Y/N) (Y/N) consortium dossier? Reject)
partners, for (Yes/No/Not
(Y/N) a applicable)
consortium)?
(Yes/No/ Not
Applicable)
7
If the tender has been submitted by a consortium, the nationalities of all the consortium partners must be eligible
Chairman's name
Chairman's signature EVALUATION GRID

(The criteria Date indicated are those used by the Evaluation Committee.) Must
be completed by each member of the Evaluation Committee.
Supply and installation of luminaires with advanced optics and sealsafe degree of protection, Publication 401-00-36/2004-01
Contract title :
high pressure sodium lamps of advanced characteristics and step dimming ballasts Reference :
Contract title : Publication reference : Lot no.
Other
Technically compliant? (Y/N)

specifications? (OK/a/b/…)
Compliance with technical
required? (OK/a/b/…/NA)
Are technical
Professional capacity?
capacity? (OK/a/b/…)
Economic & financial
Tender envelope No
Ancillary services as
Technical capacity?
nationalities of requirements
Rules of any experts in tender
(OK/a/b/…)
(OK/a/b/…)
origin and/or sub- dossier?
Name of Tenderer respected? contractors Notes:
eligible? (Yes/No/Not
(Y/N) applicable)
(Y/N)

Evaluator's name
Evaluator's signature
Date

D.TENDER FORM FOR A SUPPLY CONTRACT
Publication Reference: 401-00-36/2004-01
Title of contract: Supply and installation of luminaires with advanced optics and sealsafe
degree of protection, high pressure sodium lamps of advanced characteristics and step
dimming ballasts
Publication reference: < Publication reference >
<Place and date>
A: <Name and address of Contracting Authority >.EPS JP Elektrodistribucija Beograd,

Masarikova 1-3, 11000 Beograd
1 SUBMITTED BY
Name(s) of tenderer(s) Nationality
Leader
Partner 2*
Etc … *
* add/delete additional lines for partners as appropriate. Note that a subcontractor is not considered to be a partner
for the purposes of this tender procedure. If this tender is being submitted by an individual tenderer, the name of the
tenderer should be entered as 'leader' (and all other lines should be deleted)
2 CONTACT PERSON (for this tender)
Name
C04_en.doc Page 101 of

126
Address
Telephone
Fax
E-mail
3 TENDERER'S DECLARATION(S)
To be completed and signed by the tenderer (including one from each
partner in a consortium).
In response to your letter of invitation to tender for the above contract,
we, the undersigned, hereby declare that:
1 We have examined and accept in full the content of the dossier for invitation
to tender No [……………………………….] of [../../..]. We hereby accept its
provisions in their entirety, without reservation or restriction.
2 We offer to deliver, in accordance with the terms of the tender dossier and
the conditions and time limits laid down, without reserve or restriction:
Lot no […1.]: [description of supplies with indication of quantities and origin]

Lot no [….]: [description of supplies with indication of quantities and
originNOT APPLICABLE]
Lot No [….]: [………………………………………………………….……][NOT
APPLICABLE]
Lot No [….]: [……………………………………………………………….][NOT
APPLICABLE]
3 The price of our tender [excluding the discounts described under point 4] is:
Lot No 1: [……………………………………………..]
Lot No 2: [……………………………………………..][NOT APPLICABLE]
Lot No 3: [……………………………………………..][NOT APPLICABLE]
4 We will grant a discount of [%], or […………..] [in the event of our being
awarded Lot No 1………].
5 This tender is valid for a period of […………] from the final date for
submission of tenders, i.e. until [../../..].
6 If our tender is accepted, we undertake to provide a performance guarantee

of [………..], as required by Article 11 of the General Conditions.
7 Our firm/company [and our subcontractors] has/have the following nationality:
[……………………………………………………………………]

126
8 We are making this application in our own right and [as partner in the
consortium led by < name of the leader / ourselves > ]* for this tender [Lot
No.1]. We confirm that we are not tendering for the same contract in any
other form.
[We confirm, as a partner in the consortium, that all partners are jointly and
severally liable by law for the performance of the contract, that the lead
partner is authorised to bind, and receive instructions for and on behalf of,
each member, that the performance of the contract, including payments, is
the responsibility of the lead partner, and that all partners in the joint
venture/consortium are bound to remain in the joint venture/consortium for
the entire period of the contract's performance].

126
9 We are not in any of the situations excluding us from participating in
contracts which are listed in Article 3 of the instructions to tenderers.
In the event that our tender is successful, we undertake to provide the proof
usual under the law of the country in which we are established that we do not
fall into the exclusion situations listed in section 2.3.3 of the Practical Guide
to contract procedures financed by the general budget of the European
Communities in the context of external actions. The date on the evidence or
documents provided will be no earlier than 180 days before the deadline for
submission of tenders and, in addition, we will provide a sworn statement that
our situation has not altered in the period which has elapsed since the
evidence in question was drawn up.
We also understand that if we fail to provide this proof within 15 calendar

days after receiving the notification of award, or if the information provided is
proved false, the award will be considered null and void.
10 We agree to abide by the ethics clauses in Clause 24 of the instructions to

tenderers and, in particular, have no potential conflict of interests or any
relation with other candidates or other parties in the tender procedure at the
time of the submission of this application.
11 We will inform the Contracting Authority immediately if there is any change in

the above circumstances at any stage during the implementation of the
contract. We also fully recognise and accept that any inaccurate or
incomplete information deliberately provided in this application may result in
our exclusion from this and other contracts funded by the European
Communities.
12 We note that the Contracting Authority is not bound to proceed with this
invitation to tender and that it reserves the right to award only part of the
contract. It will incur no liability towards us should it do so.
Name and first name: […………………………………………………………………]
Duly authorised to sign this tender on behalf of:
[…………………………………………………………………………………… …]
Place and date: […………………………………………………………….………….]
Stamp of the firm/company:
This tender includes the following annexes:
[Numbered list of annexes with titles]

126
126
7 TENDER GUARANTEE FORM
<Date>
Title of contract Supply and installation of luminaires with advanced optics and sealsafe
dimming ballasts

We, the undersigned, [name, company name, address], hereby declare that we will
Authority's name and address] on behalf of [Contractor's name and address], the
payment of [amount of the tender guarantee], without dispute, on receipt of a first
written request from the recipient.
The guarantee will enter into force and take effect from [submission deadline].
We note that you will release the guarantee and notify us of the fact at the latest
within sixty days of the expiry of the tender validity period, including any extensions,
in accordance with Article 8 of the Instructions to Tenderers.
Any dispute concerning this guarantee shall be governed by [enter the law
applicable] and fall within the competence of [indicate which jurisdiction applies].
Name: …………………………… Position: …………………
Date:
Stamp of the firm/company

126
FINANCIAL IDENTIFICATION
ACCOUNT HOLDER
NAME 
ADDRESS 

TOWN/CITY 
POST CODE 
CONTACT 
TELEPHONE 
FAX 
E-MAIL 
VAT NUMBER 
BANK
NAME 

ADDRESS 

TOWN/CITY 
POST CODE  COUNTRY 
BANK ACCOUNT 

IBAN (optional) 
REMARKS:
BANK STAMP+SIGNATURE of DATE + SIGNATURE of ACCOUNT

BANK REPRESENTATIVE (Both HOLDER: (Obligatory)
Obligatory)

126
126
[Letterhead of Tenderer]
FORM 1: STATEMENT ON ORIGIN OF SUPPLIES
dimming ballasts
We, the undersigned, hereby declare that the supplies which are subject of our offer
originate in _________________ i.e. are in compliance with tender request to originate in
a Member State of the European Union or in the following countries: Bulgaria, Romania,
Turkey, Albania, Former Yugoslav Republic of Macedonia, Bosnia and Herzegovina,
Croatia and Serbia and Montenegro. The origin of the goods must be determined
according to the Community Customs Code.
In the event that our tender is successful, we undertake to submit the official Certificate of
Origin at the latest on request for provisional acceptance of the supplies.
This statement is valid for LOT No.___________.
Signature: ..................................................................................
(a person or persons authorised to sign on behalf of the tenderer)
Place and Date:.....................

126
FORM 2: POWER OF ATTORNEY
dimming ballasts
We, the undersigned, hereby declare that:
Mr./Mrs <_____________________________>
is empowered as the signatory of the tender and all related documentation.
This power of attorney is valid for this tender only.
Signature: ..................................................................................
(a person or persons authorised to issue a power of attorney)
Place and Date: .....................

126
FORM 3: TENDERER’S WARRANTY STATEMENT
dimming ballasts
<A description of the commercial warranty tendered>
We confirm that all intervention on the supplied equipment during warranty period should
be undertaken on site.
Our detailed proposal how to meet this obligation is as follows:
<_____________________________________________________________ >
Signature: ..................................................................................
Place and Date: .....................}

126
FORM 4: TENDERER’S QUALIFICATIONS
dimming ballasts

We, the undersigned, hereby declare that we have performed at least 3 contracts of
similar nature and extent during the past 3 years.
Name of project Total value Duration Starting Percentage of Contracting Prime Final
of contract of date of contract authority contractor (P) acceptance
contract contract completed (Name and or issued?
full address) subcontractor - Yes
(S) - Not yet
(current
contracts)
– No
Signature .......................................................................................

126
Place and Date ..................

126
FORM 5: STATEMENT ON THE RIGHT OF PARTICIPATION

IN THE PROCUREMENT PROCEDURE
dimming ballasts

FORM 5: STATEMENT ON THE RIGHT OF PARTICIPATION

IN THE PROCUREMENT PROCEDURE
We, the undersigned, hereby declare that our company (or each of the companies in case
of a consortium) is not in any of the situations listed in point 2.3.3 of the Practical Guide
justifying our/their exclusion from participation in the procurement procedure i.e. if:
A. they are bankrupt or being wound up, are having their affairs administered by the
courts, have entered into an arrangement with creditors, have suspended
business activities are the subject of proceedings concerning those matters, or
are in any analogous situation arising from a similar procedure provided for in
national legislation or regulations;
B. they have been convicted of an offence concerning their professional conduct by
a judgment which has the force of res judicata;
C. they have been guilty of grave professional misconduct proven by any means
which the contracting authority can justify;
D. they have not fulfilled obligations relating to the payment of social security
contributions or the payment of taxes in accordance with the legal provisions of
the country in which they are established or with those of the country of the
contracting authority or those of the country where the contract is to be
performed;
E. they have been the subject of a judgment, which has the force of res judicata for
fraud, corruption, involvement in a criminal organisation or any other illegal
activity detrimental to the communities’ financial interests;
F. following another procurement procedure or grant award procedure financed by
the community budget, they have been declared to be in serious breach of
contract for failure to comply with their contractual obligations.
Signature ......................................................................................

126
Place and Date .................

126
FORM 6: GENERAL INFORMATION ABOUT THE TENDERER
dimming ballasts

FORM 6: GENERAL INFORMATION ABOUT THE TENDERER
1. Full name of the company
2. Head office address

City:
Street and no.
Telephone
Fax
Telex
E-mail
3. Legal registration details

Place of registration:
Date of registration:
Registration number:
VAT number
(Please attach copies of the registration certificate and VAT certificate)
Signature: ..................................................................................
Place and Date:.....................

126

126
FORM 7: TENDERER’S ECONOMIC AND FINANCIAL STANDING
dimming ballasts

FORM 7: TENDERER’S ECONOMIC AND FINANCIAL

STANDING
[Please provide all of the information required by this form in euro or national
currency (NC) equivalent.
The financial data shall be from annual audited accounts (if audited figures are not yet
available, please provide your latest estimates, clearly identifying estimated figures).
Figures in all columns must be on the same basis to allow a direct, year-on-year,
comparison to be made (or, if the basis has changed, an explanation of the change must
be provided as a footnote to the table].
We, the undersigned, hereby prove that our annual turnover of the last three years is at
least three times bigger than our total offered price:
Financial data Year 2002 Year 2003 Year 2004

Annual turnover …………… ……………. …………
Annual operating profit …………… ……………. ………….
Debt Equity Ratio …………… ……………. ………….

(equity / total debt)
Please attach copies of the company's previous 3 years certified statements of account
Signature: ..................................................................................

126
Place and Date:.....................

126
FORM 8: QUALITY ASSURANCE SYSTEM(S)
dimming ballasts

FORM 8: QUALITY ASSURANCE SYSTEM(S)
We, the undersigned, hereby declare that we use the quality assurance system(s)
on which we provide the following details:
Enclosed please find copies of our attests of quality and compliance with national and
international standards.
Signature .................................................

126
Place and Date ..................
Attachments: copies of attests of quality and compliance with national and international standards..

126
FORM 9: KEY PERSONNEL
dimming ballasts

FORM 9: KEY PERSONNEL

We, the undersigned, hereby declare that our key personnel during exucution of this
contract shall be:
Stamp with
Name and Family Name Position during this
Professional Licence
of key personnel contract execution
number
Signature .................................................

126
Place and Date ..................

126
Form 10: FURTHER INFORMATION
dimming ballasts

Form 10: FURTHER INFORMATION
Tenderers may add here any further information that they deem useful for the evaluation of
their tenders (such as prospects, leaflets etc.)
Signature ............................................
126
Place and Date:

126
ADDITIONAL NOTICE TO TENDERERS
1. The standard content of the submitted tender comprises the original tender dossier and
the actual tender of the tenderer.
In the original tender dossier the tenderer must initial and put the stamp of his
firm/company on the front page of both the Technical Specifications (Part 1 / specified
by the Contracting Authority) and General Conditions.
In the actual tender all forms in Part D of the Tender dossier as well as Annex II
(Technical specifications - Part 2 / Contractor’s technical offer) and Annex III (Financial
offer) in Part B must be filled in by the Tenderer (in the above given order). The
technical and financial offers must both be submitted in a single, sealed envelope or
packet. If the tender is divided into lots all requested forms will be included for each of
tendered lots.
2. The Technical offer in part 2 of Annex II must satisfy the required Technical
Specifications of the Contracting Authority stated in part 1 of Annex II in all respects.
3. In his Financial offer (in Annex III) the Tenderer must put in all prices (without VAT)
tendered. The financial offer must be presented in the standard format to facilitate
comparison of the financial offers. If this format is not respected, the tender will be
rejected.
4. The Financial identification form must be filled properly and undersigned by the
Tenderer's authorized person and by the bank representative
5. The actual tender must be in English but the supporting documents can be in local
language.
6. Each partner in a joint venture/consortium must fill in and submit every form.
7. In all forms 1-10 in Part D additional sheets may be attached as necessary.
8. If a question does not apply to the tenderer, "not applicable" should be entered
alongside.
9. Every single page of submitted tender must be numbered consecutively in the
bottom right-hand corner.
10. The accuracy of the data stated in the tender forms, their completeness and the
attached documentation will be taken into account in the tender evaluation. The
attention of tenderers is also drawn to the fact that the absence of some data or
document required may cause rejection of their tender (see Administrative
compliance grid and Evaluation grid).
11. The Administrative compliance grid is for information of the Tenderer only (it will
be fulfilled by the evaluation committee at the opening session and undersigned by
the chairperson).
12. The Evaluation grid is for information of the Tenderer only (it will be fulfilled and
undersigned by the evaluation committee voting members during the evaluation
procedure).

126

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Contract Title: SUPPLY AND INSTALLATION OF LUMINAIRES WITH ADVANCED

Publication Reference: 401-00-36/2004-01___________________

C04_en.doc Page 1 of 126

LETTER OF INVITATION TO TENDER

Publication Reference: 401-00-36/2004-01___________________

<Place and date>Belgrade, 29.08.2005

SUBJECT: INVITATION TO TENDER FOR SUPPLY AND INSTALLATION

C04_en.doc Page 2 of 126

C04_en.doc Page 3 of 126

D. TENDER FORM FOR A SUPPLY CONTRACT................................................................7773

< Name and signature >EPS JP Elektrodistribucija Beograd

Stevan Milićević, dipl. ing. el.

C04_en.doc Page 4 of 126

PUBLICATION REFERENCE: ____________________

[If the tender procedure is not divided into lots:

[If the tender procedure is divided into lots:

Lot Description Quantity

C04_en.doc Page 5 of 126

Last date on which clarifications are < Date 11 days before -

Deadline for submission of tenders <Date> < Time >

Tender opening session <Date> < Time >

Notification of award to the successful < Date at most 90 days -

Signature of the contract < Date at most 150 -

C04_en.doc Page 7 of 126

3.3. These rules apply to:

3.5. b) members of a consortium

3.6. c) any subcontractors.

C04_en.doc Page 8 of 126

[If the tender procedure is divided into lots:

7.1 Period of validity

C04_en.doc Page 9 of 126

7.1 Language of offers

7.1 Submission of tenders

7.1 < full postal address >

7.1 Tenders must comply with the following conditions:

7.1 All tenders must be received at

7.1 <full postal address>

7.1 before [date and time}

7.1 by registered letter with acknowledgement of receipt or hand-delivered against

7.1 a) the above address;

7.1 b) the reference code of this tender procedure

7.1 <Contract title>

7.1 <Publication Reference number>

7.1 c) where applicable, the number of the lot(s) tendered for;

7.1 e) the name of the tenderer.

C04_en.doc Page 10 of 126

7.1 Content of tenders

7.1 A technical bid consisting of:

7.1 a list of the manufacturer's recommended spare parts and consumables;

7.1 a proposal for after-sales service over 5 years;

11.5 Duly authorised signature according to the Form 2 in Part D.

11.20 Additional information before the deadline for submission of tenders

11.22Tenderers may submit questions in writing to the following address up to 21 days

11.23Publication Reference and Contract title

11.24 Contact name

11.25Any clarification of the tender dossier will be communicated simultaneously in writing

C04_en.doc Page 12 of 126

11.28 Clarification meeting / site visit

11.32 Alteration or withdrawal of tenders