Contract notice (2011-05-19) Object Scope of the procurement
Title: furniture
Notice metadata
Original language: English 🗣️
Document type: Contract notice
Nature of contract: Supplies
Regulation: European Union, with participation of GPA countries
Common procurement vocabulary (CPV)
Code: Furniture📦
Procedure
Procedure type: Open procedure
Type of bid: Submission for one or more lots
Award criteria
Lowest price
Contracting authority Identity
Country: Ireland 🇮🇪
Awarding authority type: Regional or local authority
Postal address: Ardcavan Business Park, Ardcavan
Postal town: Wexford
Contact
Internet address: http://www.cowexfordvec.ie🌏
E-mail: tenders@cowexfordvec.ie📧
Phone: +353 539123799📞
Fax: +353 539124109 📠
Show more Show more (2) “The awarding authority has indicated that it will accept electronic responses to this notice via a 'Tender Submission Postbox' facility. Further details of...”
“Suppliers are advised to allow adequate time for uploading documents and to dispatch the electronic response well in advance of the closing time to avoid...”
Short description
Suppliers are advised to allow adequate time for uploading documents and to dispatch the electronic response well in advance of the closing time to avoid any last minute problems. The postbox closes precisely at the time stated.
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Lot number: 6
Title of the lot: atlota1
Short description:
“Atlota1.”
Quantity or scope: As attached.
Lot number: 1
Title of the lot: aclot1
Short description:
“Aclot1.”
Lot number: 2
Title of the lot: aclot2
Short description:
“Aclot2.”
Lot number: 3
Title of the lot: adklot
Short description:
“Adklot.”
Lot number: 4
Title of the lot: admlot
Short description:
“Admlot.”
Lot number: 5
Title of the lot: aidlot
Short description:
“Aidlot.”
Lot number: 7
Title of the lot: atlota2
Short description:
“Atlota2.”
Lot number: 8
Title of the lot: atlot3
Short description:
“Atlot3.”
Lot number: 9
Title of the lot: datlot
Short description:
“Datlot.”
Lot number: 10
Title of the lot: clelot
Short description:
“Clelot.”
Lot number: 11
Title of the lot: hellot1
Short description:
“Hellot1.”
Lot number: 12
Title of the lot: hellot2
Short description:
“Hellot2.”
Lot number: 13
Title of the lot: henlot1
Short description:
“Henlot1.”
Lot number: 14
Title of the lot: henlot2
Short description:
“Henlot2.”
Lot number: 15
Title of the lot: lablot
Short description:
“Lablot.”
Lot number: 16
Title of the lot: msdlot
Short description:
“Msdlot.”
Lot number: 17
Title of the lot: peolot
Short description:
“Peolot.”
Lot number: 18
Title of the lot: reslot
Short description:
“Reslot.”
Lot number: 19
Title of the lot: srlot
Short description:
“Srlot.”
Lot number: 20
Title of the lot: wtmplot
Short description:
“Wtmplot.”
Lot number: 21
Title of the lot: loosefurniturelot
Short description:
“Loosefurniturelot.” Place of performance
Main site or place of performance:
“Gorey Community College, Creagh Demesne, Gorey, Co. Wexford.”
Legal, economic, financial and technical information Conditions for participation
Suitability to pursue the professional activity:
“See Particular conditions.”
Economic and financial standing:
“See Particular conditions.”
Technical and professional ability:
“See Particular conditions.” Contract execution
Deposits and guarantees required:
“See Particular conditions.”
Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
“See Particular conditions.”
Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
“See Particular conditions.”
Other particular conditions:
“Request for tenders for goods.”
“Request for tenders for the provision of supply, Delivery, and Commissioning and Installation as required of Furniture and Equipment at Gorey Community College.”
Other particular conditions
Request for tenders for the provision of supply, Delivery, and Commissioning and Installation as required of Furniture and Equipment at Gorey Community College.
“Appendix 6 Declaration as to Personal Circumstances of Tenderer.”
“Part 1.”
“Introduction.”
“1.1 Co. Wexford VEC invites responses (“Tenders”) to this Request for Tender (“RFT”) from economic operators (“Tenderers”) for the provision of the Goods as...”
Other particular conditions
1.1 Co. Wexford VEC invites responses (“Tenders”) to this Request for Tender (“RFT”) from economic operators (“Tenderers”) for the provision of the Goods as described in Appendix 1 of this RFT: “Requirements and Specifications” (“the Goods”). Co. Wexford VEC are the contracting authority for this public procurement competition (“the Contracting Authority”).
“1.2 The title of this RFT is “Supply, delivery and commissioning and installation as required of furniture and equipment at Gorey Community College”
“1.3 This public procurement competition relates to supply of school equipment and furniture. Tenderers should note that the Goods required pursuant to this...”
Other particular conditions
1.3 This public procurement competition relates to supply of school equipment and furniture. Tenderers should note that the Goods required pursuant to this competition are set out in lots (the “Lots”). Each Lot will be evaluated separately pursuant to the provisions of Part 3.3 of this RFT based on lowest price submitted. Tenderers may submit Tenders for one or more of the Lots but for each individual Lot Tenderers must be able to supply every item on the specification list as provided in Appendix 1 (the “List or Lists”] and must provide the relevant price. Lists that are not completed in full will be eliminated. Note that some lists contain more than one section; in such cases the Lot comprises all sections.
“1.4 Any contract that may result from this public procurement competition will be issued for a term of 12 months] (“the Term”). [The Contracting Authority...”
Other particular conditions
1.4 Any contract that may result from this public procurement competition will be issued for a term of 12 months] (“the Term”). [The Contracting Authority reserves the right to extend the Term for a period or periods of up to 24 months with a maximum of two such extensions on the same terms and conditions, subject to the Contracting Authority’s obligations at law.
“2.1.1 While every effort has been made to provide comprehensive and accurate background information, requirements and specifications, Tenderers must form...”
Other particular conditions
2.1.1 While every effort has been made to provide comprehensive and accurate background information, requirements and specifications, Tenderers must form their own conclusions about the solution needed to meet the requirements set out in this RFT. Tenderers and recipients of this RFT may wish to consult their own legal advisers in relation to this RFT or the subject matter thereof.
“2.1.2 All information supplied by Tenderers may be treated as contractually binding on the Tenderers if accepted by the Contracting Authority.”
“2.1.3 No commitment of any kind, contractual or otherwise shall exist unless and until a formal written contract has been executed by or on behalf of the...”
Other particular conditions
2.1.3 No commitment of any kind, contractual or otherwise shall exist unless and until a formal written contract has been executed by or on behalf of the Contracting Authority. Any notification of preferred bidder status by the Contracting Authority shall not give rise to any enforceable rights by the Tenderer. The Contracting Authority may cancel this public procurement competition at any time prior to a formal written contract being executed by or on behalf of the Contracting Authority. The Contracting Authority does not bind itself to accept the lowest priced or any Tender.
“2.1.4 This RFT supersedes all previous documentation, communications and correspondence between the Contracting Authority and Tenderers and Tenderers should...”
Other particular conditions
2.1.4 This RFT supersedes all previous documentation, communications and correspondence between the Contracting Authority and Tenderers and Tenderers should place no reliance on such previous documentation and correspondence. Tenderers to this RFT should study the contents of this RFT carefully, including the information and documents contained in the Appendices. The Tenderers attention is drawn to the Tenderers’ aide-mémoire at Appendix 5.
“2.2.1 Failure to comply with the requirements of this paragraph 2.2.1 may render the Tender non-compliant and the Tender may be rejected. Tenderers must:”
“(a) Include all documentation specified in this RFT;”
“(b) Follow the format of this RFT and respond to each element in the order as set out in this RFT;”
“(c) Conform to and comply with all requirements as set out within this RFT; in Particular when pricing Tenderers must:”
“(I) provide quotes for items which exactly match the specification listed with the exception of the following:”
“(i) where “c.” is used, indicating “circa”, the numeral listed acts as an approximate guide to quantity or measurement”
“(ii) where approx. or approximately is used, the numeral listed acts as an approximate guide to quantity or measurement”
“(iii) where the terms “min” or “max” are used, the numeral listed indicates minimum or maximum quantity or measurement”
“(iv) where multiple units or ‘packs’ are specified, any combination of ‘pack’ size which meets the equivalent quantity is acceptable”
“Where qualifying terms indicating approximate values are not used in the specification, items must exactly meet the specification.”
“(II) provide quotes which refer to the exact quantity specified on the DePartment of Education and Skills equipment list. Tenderers should note the terms of...”
Other particular conditions
(II) provide quotes which refer to the exact quantity specified on the DePartment of Education and Skills equipment list. Tenderers should note the terms of special condition 7 of the contract.
“2.2.2 If the RFT is altered or edited in any way, the subsequent Tender may be deemed non-compliant and may be rejected.”
“2.2.3 Failure to comply with the requirements of this paragraph 2.2.3 will render the Tender non-compliant and it will be rejected. Tenders must:”
“(a) Be received by the Contracting Authority in accordance with paragraphs 2.6.1 and 2.6.2; below;”
“(b) Where applicable, include a statement, confirming whether any of the excluding circumstances listed in Article 45 of EU Council Directive 2004/18/EC as...”
Other particular conditions
(b) Where applicable, include a statement, confirming whether any of the excluding circumstances listed in Article 45 of EU Council Directive 2004/18/EC as implemented into Irish law by Regulation 53 of the European Communities (Award of Public Authorities’ Contracts) Regulations 2006 (Statutory Instrument 329 of 2006), apply to the Tenderer. Tenderers from Ireland and the United Kingdom must include with the Tender the original declaration at Appendix 6 to this RFT (“Declaration”). Where submitting by eTenders, a scanned signed copy of the Declaration may be submitted electronically via the eTenders post-box. For all Tenderers outside Ireland and the United Kingdom, the statement must be appropriately evidenced as otherwise required; and
“(c) Be submitted in the English or Irish language only.”
“(d) provide the relevant price for each item in a list. Lists that are not completed in full will be eliminated.”
“(e) provide a contact email address for the purpose of facilitating post-tender clarifications (see section 2.7.3)”
“2.2.4 The Contracting Authority shall consider all compliant Tenders against the Qualification and Award criteria in Part 3 of this RFT.”
“2.3 Goods contract”
“2.3.1 The Contracting Authority will, subject to the right of cancellation of this public procurement competition (as set out at paragraph 2.1.3 above and...”
Other particular conditions
2.3.1 The Contracting Authority will, subject to the right of cancellation of this public procurement competition (as set out at paragraph 2.1.3 above and at paragraph 3.3 below), select the successful Tenderer(s] to supply the Goods sought under this RFT
“2.3.2 The successful Tenderer(s) shall supply the Goods in accordance with and on the terms and conditions of the contract as set out at Appendix 2 to this...”
Other particular conditions
2.3.2 The successful Tenderer(s) shall supply the Goods in accordance with and on the terms and conditions of the contract as set out at Appendix 2 to this RFT (“the Goods Contract”). The successful Tenderer(s) shall be required to enter into the Goods Contract with the Contracting Authority. Tenderers should take account of the provisions of the Goods Contract in the preparation of their Tenders. Tenderers are required to confirm their acceptance of the Goods Contract in the Tenderer’s Statement at Appendix 4. Tenderers may not amend the Goods Contract. Tenderers should note the provisions of clause 2B.2 of the Goods Contract in respect of the requirement for installation of Goods, where installation is required this clause will apply and prices quoted must include installation and commissioning, that is final set-up and calibration of equipment so that the equipment is ready for use.
“2.3.3 Tenderers should be aware that any or all of the Special Conditions as set out at Schedule D to the Goods Contract will apply (in addition to the...”
Other particular conditions
2.3.3 Tenderers should be aware that any or all of the Special Conditions as set out at Schedule D to the Goods Contract will apply (in addition to the Terms and Conditions in Schedule A to the Goods Contract) to the supply of the Goods if they have been ticked ‘YES’ ¿ by the Contracting Authority. Tenderers should Particularly note special condition 5 in respect of warranties which specifies that in the absence of a specific warranty requirement on the Lists, a 12 month warranty is required with all goods. Tenderers should note on the specifications that some items on the Lists will require a two or three year warranty and Tenderers must cost their Tenders accordingly.
“Each Tenderer is required to accept the provisions of this RFT. ALL TENDERERS MUST RETURN, with their Tender, the signed Tenderer’s Statement, as set out in...”
Other particular conditions
Each Tenderer is required to accept the provisions of this RFT. ALL TENDERERS MUST RETURN, with their Tender, the signed Tenderer’s Statement, as set out in Appendix 4, printed on the Tenderer’s letterhead. Where submitting by eTenders, a scanned signed copy of the Tenderer’s Statement may be submitted electronically via the eTenders postbox. Tenderers may not amend the Tenderer’s Statement at Appendix 4.
“Where a group of undertakings submit a Tender in response to this RFT the Contracting Authority will deal with all matters relating to this public...”
Other particular conditions
Where a group of undertakings submit a Tender in response to this RFT the Contracting Authority will deal with all matters relating to this public procurement competition through the entity who will carry overall responsibility for the performance of the Goods Contract only (“Prime Contractor”), irrespective of whether or not tasks are to be performed by a subcontractor and/or consortium member. The Tenderer must clearly set out:
“(a) the full legal name of the Prime Contractor together with its registered business address (where applicable), registered business name (where...”
Other particular conditions
(a) the full legal name of the Prime Contractor together with its registered business address (where applicable), registered business name (where applicable), company registration number (where applicable), telephone and e-mail contact details,
“(b) The names of all sub-contractors and/ or consortium members who will be involved in the supply of the Goods.”
“(c) A description of the role to be fulfilled by each sub-contractor and/or consortium member, and”
“(d) The name, title, telephone number, postal address, facsimile number and e-mail address of the nominated contact personnel authorised to represent the...”
Other particular conditions
(d) The name, title, telephone number, postal address, facsimile number and e-mail address of the nominated contact personnel authorised to represent the Prime Contractor, within the organisation of the Prime Contractor, to whom all communications shall be directed and accepted until this public procurement competition has been completed or terminated. Correspondence from any other person (including from any sub-contractor/ and or consortium member) will NOT be accepted, acknowledged or responded to.
“2.6.1 Tenders will be accepted by hand or postal delivery [or via the electronic tender post-box available on www.etenders.gov.ie. Tenders delivered by hand...”
Other particular conditions
2.6.1 Tenders will be accepted by hand or postal delivery [or via the electronic tender post-box available on www.etenders.gov.ie. Tenders delivered by hand or by post must be delivered in sealed package(s) and clearly marked addressed to Ms Clare McMahon, CEO. The package must be marked with the RFT Title and the word “Confidential.”
“Please note there is a maximum 2MB limit for each document sent to the eTenders post-box. We advise that you should give sufficient time to upload all documents.”
Other particular conditions
Please note there is a maximum 2MB limit for each document sent to the eTenders post-box. We advise that you should give sufficient time to upload all documents.
“2.6.2 Tenders must be received not later than [14.00] on [29.6.2011]. Tenders that are received late WILL NOT be considered in this public procurement...”
Other particular conditions
2.6.2 Tenders must be received not later than [14.00] on [29.6.2011]. Tenders that are received late WILL NOT be considered in this public procurement competition. Tenderers must clearly set out a return address on the Tender package. Tenders submitted by fax will NOT be accepted.
“2.6.3 Each Tenderer is limited to submit one Tender in his own capacity and one Tender as Part of a consortium/group of undertakings under this RFT.”
“2.6.4 In responding to this RFT all Tenders must follow the format of the RFT and respond to each element of the RFT in the order as set out in this RFT....”
Other particular conditions
2.6.4 In responding to this RFT all Tenders must follow the format of the RFT and respond to each element of the RFT in the order as set out in this RFT. All Tenderers must submit 1 hard copy. Tenderers may submit in addition to the hard copies, one [(1) soft copy on disc (CD-ROM). All Tenders submitted in soft copy (CD-ROM) must be compiled such that they can be read immediately using [PDF or Microsoft Office format. It is the Tenderer’s responsibility to ensure that the information provided on the CD-ROM is identical with information provided in the hard copy Tender. In the event that there is a discrepancy or conflict between the contents of the hard and soft copies of the Tender hard copy shall be given precedence over the soft copy.
“2.6.5 The Contracting Authority is not responsible for corruption in documents. Tenderers must ensure documents are not corrupt.”
“Please note it is essential that the Contracting Authority can read the scanned signature of the Tenderer. If possible, please sign documents using blue...”
Other particular conditions
Please note it is essential that the Contracting Authority can read the scanned signature of the Tenderer. If possible, please sign documents using blue ink. If the Contracting Authority cannot read the scanned signature, Tenderers may be requested to re-submit.
“2.7.1 All queries or requests for clarification relating to any aspect of this public procurement competition or of this RFT must be directed to the Q&A...”
Other particular conditions
2.7.1 All queries or requests for clarification relating to any aspect of this public procurement competition or of this RFT must be directed to the Q&A facility available on www.etenders.gov.ie. Queries will be received no later than [14:00 on 17.6.2011 unless otherwise published on www.etenders.gov.ie by the Contracting Authority.
“2.7.2 All clarifications and responses to queries/requests for clarification will be posted on the Irish public procurement website, www.etenders.gov.ie....”
Other particular conditions
2.7.2 All clarifications and responses to queries/requests for clarification will be posted on the Irish public procurement website, www.etenders.gov.ie. Where appropriate questions may be amalgamated. Tenderers should note that the Contracting Authority will not make responses or clarifications to individual Tenderers privately.
“2.7.3 The Contracting Authority reserves the right to issue or seek written clarifications. Tenderers should provide a contact email address for this...”
Other particular conditions
2.7.3 The Contracting Authority reserves the right to issue or seek written clarifications. Tenderers should provide a contact email address for this purpose. Failure by the Tenderer to provide the requested information within 7 days will result in the tender being eliminated. Contact with a Tenderer for the purposes of obtaining clarifications conveys no indication of possibility of contract being awarded.
“2.7.4 The Contracting Authority reserves the right to update or alter the information contained in this document at any time up to 14:00 on 17.6.2011 before...”
Other particular conditions
2.7.4 The Contracting Authority reserves the right to update or alter the information contained in this document at any time up to 14:00 on 17.6.2011 before the final date for receipt of tenders. Participating Tenderers will be so informed through the eTenders website. In the event of such updates or alterations the Contracting Authority reserves the right to postpone the deadline for the receipt of Tenders so as to allow Tenderers sufficient time to respond.
“2.8.1 All costs and expenses incurred by Tenderers relating to their Participation in this public procurement competition including, but not being limited...”
Other particular conditions
2.8.1 All costs and expenses incurred by Tenderers relating to their Participation in this public procurement competition including, but not being limited to, site visits, field trials, demonstrations or presentations shall be borne by and are a matter for discharge by the Tenderers exclusively.
“2.8.2. Without prejudice to the generality of paragraph 2.8.1, all costs and expenses relating to the supply of samples for purposes of tendering and their...”
Other particular conditions
2.8.2. Without prejudice to the generality of paragraph 2.8.1, all costs and expenses relating to the supply of samples for purposes of tendering and their return after evaluation or Participation in field trials (if any) will be borne exclusively by the Tenderer.
“All documentation, drawings, data, statistics, information, patterns, samples or material disclosed or furnished by the Contracting Authority to Tenderers...”
Other particular conditions
All documentation, drawings, data, statistics, information, patterns, samples or material disclosed or furnished by the Contracting Authority to Tenderers during the course of this public procurement competition:
“(a) are furnished for the sole purpose of replying to this RFT only,”
“(b) may not be used, communicated, reproduced or published for any other purpose without the prior written permission of the Contracting Authority,”
“(c) shall be treated as confidential by the Tenderer and by any third Parties (including sub-contractors) engaged or consulted by the Tenderer; and”
“(d) must be returned immediately to the Contracting Authority upon cancellation or completion of this public procurement competition if so requested by the...”
Other particular conditions
(d) must be returned immediately to the Contracting Authority upon cancellation or completion of this public procurement competition if so requested by the Contracting Authority.
“2.10.1 All prices quoted must be all-inclusive (i.e. including but not being limited to shipping, packaging and all other costs/expenses), be expressed in...”
Other particular conditions
2.10.1 All prices quoted must be all-inclusive (i.e. including but not being limited to shipping, packaging and all other costs/expenses), be expressed in Euro only and exclusive of VAT. The VAT rate(s) where applicable should be indicated separately.
“2.10.2 Tenderers must confirm that all prices quoted in the Tender will remain valid for 6 months commencing from the closing date for the receipt of Tenders.”
“2.10.3 Any currency variations occurring over the term of the Goods Contract shall be borne by the Tenderer.”
“2.10.4 Payments for Goods supplied under this RFT shall be made subject to and in accordance with the Goods Contract at Appendix 2 to this RFT. Tenderers...”
Other particular conditions
2.10.4 Payments for Goods supplied under this RFT shall be made subject to and in accordance with the Goods Contract at Appendix 2 to this RFT. Tenderers should note that cash on delivery payments will not be made.
“2.10.5 All Tenderers must complete the Pricing Schedule which is allowed for in the Lists as set out at Appendix 3 to this RFT.”
“2.10.6 Where a specification quoted is for greater than 1 item, the price quoted shall be for the total number of items. For example, in the case below, the...”
Other particular conditions
2.10.6 Where a specification quoted is for greater than 1 item, the price quoted shall be for the total number of items. For example, in the case below, the requested quantity is for 4 packs of 10 prepared Agar plates i.e. total of 40 Agar prepared plates; the price quoted will be for total 40 (i.e. 4 packs of 10) prepared Agar plates.
“2.11 Tenderers should note that delivery will be during the period 29 August to 02 September 2011 and be by prior arrangement with the School/ School Principal”
“2.12 Publicity”
“No publicity regarding this public procurement competition, the award of a contract or the execution of the Goods Contract is permitted unless and until the...”
Other particular conditions
No publicity regarding this public procurement competition, the award of a contract or the execution of the Goods Contract is permitted unless and until the Contracting Authority has given its prior written consent to the relevant communication.
“Any Registerable Interest involving the Tenderer/ sub-contractor and the Contracting Authority, members of the Government, members of the Oireachtas, or...”
Other particular conditions
Any Registerable Interest involving the Tenderer/ sub-contractor and the Contracting Authority, members of the Government, members of the Oireachtas, or employees and officers of the Contracting Authority and their relatives must be fully disclosed in the Tender or, in the event of this information only coming to their notice after the submission of a Tender and prior to the award of the contract, it should be communicated to the Contracting Authority immediately upon such information becoming known to the Tenderer / sub-contractor. The terms ‘Registerable Interest’ and ‘Relative’ shall be interpreted as per Section 2 of the Ethics in Public Office Act, 1995 a copy of which is available to download at www.finance.gov.ie. The Contracting Authority will, in its absolute discretion, decide on the appropriate course of action, which may in appropriate circumstances include eliminating a Tenderer from the competition or terminating any contract entered into by a Tenderer.
“Tenderers attention is drawn to the application of the Competition Act, 2002. The Act makes it a criminal offence for Tenderers to collude on prices or...”
Other particular conditions
Tenderers attention is drawn to the application of the Competition Act, 2002. The Act makes it a criminal offence for Tenderers to collude on prices or terms in a public procurement competition.
“Where reference is made to a Particular item, source, process, trademark, or type in this RFT then all such references are to be given the meaning generally...”
Other particular conditions
Where reference is made to a Particular item, source, process, trademark, or type in this RFT then all such references are to be given the meaning generally understood in the relevant industry and operational environment.
“2.16.1 Tenderers should be aware that, under the Freedom of Information Acts 1997 and 2003, information provided by them during this public procurement...”
Other particular conditions
2.16.1 Tenderers should be aware that, under the Freedom of Information Acts 1997 and 2003, information provided by them during this public procurement competition may be liable to be disclosed.
“2.16.2 Tenderers are asked to consider if any of the information supplied by them in their Tender should not be disclosed because of its sensitivity. If...”
Other particular conditions
2.16.2 Tenderers are asked to consider if any of the information supplied by them in their Tender should not be disclosed because of its sensitivity. If Tenderers consider that certain information is not to be disclosed because of its sensitivity, Tenderers should, when providing such information, clearly identify same and specify the reasons for its sensitivity. If Tenderers do not identify it as sensitive, it is liable to be released in response to a Freedom of Information request without further consultation with you. The Contracting Authority will, where possible, consult with Tenderers about sensitive information so identified before making a decision on a request received under the Freedom of Information Acts.
“2.17.1 It will be a condition of the award of any contract under this RFT that the successful Tenderer shall for the term of any such contract, comply with...”
Other particular conditions
2.17.1 It will be a condition of the award of any contract under this RFT that the successful Tenderer shall for the term of any such contract, comply with all EU and domestic taxation law and requirements, including but not being limited to Circular 43/2006 issued by the DePartment of Finance. This Circular and further information is available at www.finance.gov.ie and www.revenue.ie.
“2.17.2 Prior to the award of any contract arising out of this public procurement competition the successful Tenderer shall promptly produce a current Tax...”
Other particular conditions
2.17.2 Prior to the award of any contract arising out of this public procurement competition the successful Tenderer shall promptly produce a current Tax Clearance Certificate from the Irish Revenue Commissioners. Alternatively, the Tenderer may supply the certificate and registration numbers, as they appear on the Tax Clearance Certificate, to facilitate on-line verification of their tax status by the Contracting Authority.
“Any conflict of interest or potential conflict of interest on the Part of a Tenderer, individual employees, agents, or sub-contractors of a Tenderer must be...”
Other particular conditions
Any conflict of interest or potential conflict of interest on the Part of a Tenderer, individual employees, agents, or sub-contractors of a Tenderer must be fully disclosed to the Contracting Authority as soon as the conflict or potential conflict is or becomes apparent. In the event of any conflict or potential conflict of interest, the Contracting Authority may invite Tenderers to propose means by which the conflict might be removed. The Contracting Authority will, at its absolute discretion, decide on the appropriate course of action, which may in appropriate circumstances include eliminating a Tenderer from the competition or terminating any contract entered into by a Tenderer.
“2.19 Withdrawal from this public procurement competition”
“Tenderers are required to e-mail tenders@cowexfordvec.ie immediately if at any stage they decide to withdraw from this public procurement competition.”
“2.20 (Intentionally left blank)”
“2.21 Insurance”
“2.21.1 The successful Tenderer shall be required to hold for the term of the Goods Contract the following insurances:”
“Public/ Products liability insurance limits:”
“2.6m EUR, where no installation required.”
“6.5m EUR where installation and/ or testing and commissioning is required.”
“Employer Liability insurance €13m.”
“2.21.2 By signing the Tenderer’s Statement at Appendix 4, Tenderers confirm, that if awarded a contract under this public procurement competition, they...”
Other particular conditions
2.21.2 By signing the Tenderer’s Statement at Appendix 4, Tenderers confirm, that if awarded a contract under this public procurement competition, they will, from the Effective Date of the Goods Contract (as defined in the Goods Contract), obtain and hold the types and levels of insurance as specified at paragraph 2.21.1. A formal confirmation from the Tenderer's insurance company or broker to this effect will be requested from the successful Tenderer(s) prior to the award of (and shall be a condition of) any contract.
“2.21.3 The successful Tenderer will, during the term of the Goods Contract, be required to:”
“(a) immediately advise the Contracting Authority of any material change to its insured status;”
“(b) produce proof of current premiums paid upon request;”
“(c) produce valid certificates of insurance upon request.”
“2.22 Employment law”
“2.22.1 The successful Tenderer shall be solely responsible in law for the employment of, remuneration, taxes, immigration and work permits of all personnel...”
Other particular conditions
2.22.1 The successful Tenderer shall be solely responsible in law for the employment of, remuneration, taxes, immigration and work permits of all personnel retained for the purposes of providing the Goods.
“2.22.2 Tenderers must comply with any applicable statutory terms relating to minimum pay and to any legally binding sectoral agreements and must take these...”
Other particular conditions
2.22.2 Tenderers must comply with any applicable statutory terms relating to minimum pay and to any legally binding sectoral agreements and must take these into account when preparing Tenders.
“3.1 Only those Tenderers who have submitted compliant Tenders pursuant to paragraph 2.2 above and have not been be excluded under Article 45 of EU Council...”
Other particular conditions
3.1 Only those Tenderers who have submitted compliant Tenders pursuant to paragraph 2.2 above and have not been be excluded under Article 45 of EU Council Directive 2004/18/EC as implemented into Irish law by Regulation 53 of the European Communities (Award of Public Authorities’ Contracts) Regulations 2006 (Statutory Instrument 329 of 2006) will be evaluated in accordance with the Qualification and Award Criteria in this Part 3.
“No commitment of any kind, contractual or otherwise shall exist unless and until a formal written contract has been executed by or on behalf of the...”
Other particular conditions
No commitment of any kind, contractual or otherwise shall exist unless and until a formal written contract has been executed by or on behalf of the Contracting Authority. Any award of notification of preferred bidder status by the Contracting Authority shall not give rise to any enforceable rights by the Tenderer. The Contracting Authority may cancel this public procurement competition at any time prior to a formal written contract being executed by or on behalf of the Contracting Authority. The Contracting Authority does not bind itself to accept the lowest priced or any Tender.
“The contract will be awarded on the basis of the lowest price submitted. Each Lot will be evaluated separately based on lowest price submitted. The...”
Other particular conditions
The contract will be awarded on the basis of the lowest price submitted. Each Lot will be evaluated separately based on lowest price submitted. The Contracting Authority will total the prices quoted in each lot and the lowest price Tenderer will be identified as the preferred bidder.
“3.5.1 No contract can be executed or take effect at least until fourteen (14) calendar days after the day on which the unsuccessful Tenderer/s have been...”
Other particular conditions
3.5.1 No contract can be executed or take effect at least until fourteen (14) calendar days after the day on which the unsuccessful Tenderer/s have been sent the appropriate notice informing them of the result of this public procurement competition (“Standstill Period”). The preferred bidder will be notified of the decision of the Contracting Authority and of the expiry date of the Standstill Period.
“3.5.2 Tenderers should note that the Contracting Authority may, when notifying unsuccessful Tenderers of the results of this public procurement competition,...”
Other particular conditions
3.5.2 Tenderers should note that the Contracting Authority may, when notifying unsuccessful Tenderers of the results of this public procurement competition, include the scores obtained by the Tenderer concerned and the scores obtained by the preferred bidder in respect of each award criterion assessed by the Contracting Authority.
“3.6.1 The successful Tenderer must sign and return the Goods Contract (and if required any Confidentiality Agreement) to the Contracting Authority no later...”
Other particular conditions
3.6.1 The successful Tenderer must sign and return the Goods Contract (and if required any Confidentiality Agreement) to the Contracting Authority no later than seven days from the date of expiry of the Standstill Period unless notified otherwise in writing. Please note the Contracting Authority cannot enter into a contract until the Standstill Period has expired. A signed Goods Contract returned by the successful Tenderer is not binding on the Contracting Authority until the Contracting Authority has signed the Goods Contract in accordance with paragraph 3.3 above.
“3.6.2 Where the signed Goods Contract has not been received by the Contracting Authority within the period as specified at clause 3.6.1 then the Contracting...”
Other particular conditions
3.6.2 Where the signed Goods Contract has not been received by the Contracting Authority within the period as specified at clause 3.6.1 then the Contracting Authority may proceed to award the contract to the next highest ranked Tenderer.
“Tenderers should note that the goods required pursuant to this competition are set out divided into 21 Lots. Some lots are subdivided into sections. Lots...”
Other particular conditions
Tenderers should note that the goods required pursuant to this competition are set out divided into 21 Lots. Some lots are subdivided into sections. Lots 1-21 are published on the OJEU website with this RFT.
“Tenderers should note the standard DePartment of Education and Skills specifications and conditions at the beginning of each lot.”
“Appendix 2.”
“Goods contract.”
“And.”
“Agreement.”
“Relating to the supply of.”
“Supply, Delivery, and Commissioning and Installation as required of Furniture and Equipment at Gorey Community College _______________________________.”
“This agreement is made on the ____________ day of _______201_ between:”
“_________________________________________________________ of _____________________________.”
“A. By Request for Tender dated __________ and titled _______________________________________ (“the RFT”) (which document is attached hereto in Schedule E),...”
Other particular conditions
A. By Request for Tender dated __________ and titled _______________________________________ (“the RFT”) (which document is attached hereto in Schedule E), the Customer invited tenders for____________________________________________ to be provided at specified locations throughout Ireland. References to the RFT shall include any clarifications issued by the Customer and same are attached hereto in Schedule E.
“B. The Supplier submitted a response to the RFT dated _______________which is attached hereto in Schedule F (“the Submission”). References to the Submission...”
Other particular conditions
B. The Supplier submitted a response to the RFT dated _______________which is attached hereto in Schedule F (“the Submission”). References to the Submission shall include any clarifications issued by the Supplier and same are attached hereto in Schedule F.
“1. The Supplier shall sell and the Customer shall purchase in accordance with this Agreement (“Agreement”) the Goods described in Schedule B (“Goods”)....”
Other particular conditions
1. The Supplier shall sell and the Customer shall purchase in accordance with this Agreement (“Agreement”) the Goods described in Schedule B (“Goods”). Schedule B details the nature, quantity, quality, time of delivery and functional specifications of the Goods in accordance with the RFT and the Submission (“the Specification”).
“2. The price of the Goods shall be the price stipulated in Schedule B (“the Charges”). The Charges are exclusive of VAT which shall be due at the rate...”
Other particular conditions
2. The price of the Goods shall be the price stipulated in Schedule B (“the Charges”). The Charges are exclusive of VAT which shall be due at the rate applicable on the date of the VAT invoice. For the purposes of this Agreement, the Customer’s Contact is __________________________________ of _____________________________________]; the
“Supplier’s Contact is ______________________of __________________________________.”
“3. This Agreement is governed by the terms and conditions as set out in Schedule A and consists of the following documents, and in the case of conflict of...”
Other particular conditions
3. This Agreement is governed by the terms and conditions as set out in Schedule A and consists of the following documents, and in the case of conflict of wording, in the following order of priority:
“(i) This Agreement and Schedules A to D attached hereto;”
“(ii) The RFT (Schedule E);”
“(iii) The Submission (Schedule F).”
“4. This Agreement shall take effect on the date of this Agreement (“the Effective Date”) and shall expire on the ____________, unless it is otherwise...”
Other particular conditions
4. This Agreement shall take effect on the date of this Agreement (“the Effective Date”) and shall expire on the ____________, unless it is otherwise terminated in accordance with the provisions of this Agreement [or otherwise lawfully terminated or otherwise lawfully extended as agreed between the Parties] (“the Term”) [The Customer reserves the right to extend the Term for a period or periods of up to ______ months with a maximum of two such extensions permitted subject to its obligations at law].
“A. The Supplier undertakes to perform its obligations arising from this Agreement with all due care, skill and diligence in the carrying out of its...”
Other particular conditions
A. The Supplier undertakes to perform its obligations arising from this Agreement with all due care, skill and diligence in the carrying out of its obligations under this Agreement and in the appointment, monitoring and retention of its agents and sub-contractors. The Supplier shall require its agents and sub-contractors to exercise all due care, skill and attention in the supply of Goods and the performance of its obligations under this Agreement.
“B. In consideration of the Charges and subject to clause 5 the Supplier shall;”
“1. provide the Goods according to the Specification, in accordance with the RFT, in the manner set out in the Submission (as accepted by the Customer) and...”
Other particular conditions
1. provide the Goods according to the Specification, in accordance with the RFT, in the manner set out in the Submission (as accepted by the Customer) and in accordance with the Customer’s directions and the terms of this Agreement;
“2. comply with and implement any policies and or guidelines issued by the Customer from time to time and notified to the Supplier in writing;”
“3. comply with all local security arrangements as notified to it by the Customer;”
“4. provide the Goods in accordance with industry standards and comply with all applicable laws with Particular but not exclusive regard to the requirements...”
Other particular conditions
4. provide the Goods in accordance with industry standards and comply with all applicable laws with Particular but not exclusive regard to the requirements of the Safety Health and Welfare at Work Act 2005, the Waste Management Act 1996, the Data Protection Acts 1988 and 2003, Freedom of Information Acts 1997 and 2003 and Employment legislation. The Supplier will be responsible for compliance with all statutory requirements of an employer, all legally binding sectoral agreements and without prejudice to the generality of the foregoing shall be solely responsible in law for the employment, remuneration, taxes, immigration and work permits of all personnel retained for the purposes of complying with this Agreement; and
“5. comply with the Special Conditions, if any, set out in Schedule D (“Special Conditions”).”
“C. The Supplier is deemed to be the prime contractor under this Agreement and the Supplier assumes full responsibility for the delivery of the Goods and...”
Other particular conditions
C. The Supplier is deemed to be the prime contractor under this Agreement and the Supplier assumes full responsibility for the delivery of the Goods and shall assume all the duties, responsibilities and obligations associated with the position of prime contractor. The Supplier as prime contractor under the Submission hereby assumes liability for its sub-contractors and shall ensure that its sub-contractors shall comply in all respects with the relevant terms of this Agreement to the extent that it or they are retained by the Supplier.
“A. The Supplier shall deliver the Goods at the time(s), to the location(s) and on the date(s) specified in the Specification or otherwise agreed in writing...”
Other particular conditions
A. The Supplier shall deliver the Goods at the time(s), to the location(s) and on the date(s) specified in the Specification or otherwise agreed in writing between the Parties.
“B. Unless otherwise stated in the Specification or in the Special Conditions:”
“1. Where the Goods are delivered by the Supplier, the point of delivery shall be when the Goods are removed from the transporting vehicle at the Customer’s...”
Other particular conditions
1. Where the Goods are delivered by the Supplier, the point of delivery shall be when the Goods are removed from the transporting vehicle at the Customer’s premises as notified to the Supplier. Where the Goods are collected by the Customer, the point of delivery shall be when the Goods are loaded on the Customer’s vehicle.
“2. Delivery shall include the unloading, stacking or installation of the Goods by the Supplier’s staff, agents or carriers at such place as the Customer or...”
Other particular conditions
2. Delivery shall include the unloading, stacking or installation of the Goods by the Supplier’s staff, agents or carriers at such place as the Customer or a duly authorised person shall reasonably direct. Installation includes commissioning, that is final set-up and calibration of equipment so that the equipment is ready for use.
“3. The Goods shall be packed and marked in a proper manner and in accordance with the Customer’s instructions and any statutory requirements and any...”
Other particular conditions
3. The Goods shall be packed and marked in a proper manner and in accordance with the Customer’s instructions and any statutory requirements and any requirements of the carriers and manufacturers. In Particular the Goods shall be marked with the contract number (or other reference number if appropriate) and the net, gross and tare weights. The name of the contents shall be clearly marked on each container and all containers of hazardous Goods (and all documents relating thereto) shall bear prominent and adequate warnings.
“4. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If, however, the Customer does specify or...”
Other particular conditions
4. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery by instalments. If, however, the Customer does specify or agree to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to other rights or remedies of the Customer, entitle the Customer to terminate the whole of any unfulfilled Part of the Agreement without further liability to the Customer.
“5. The Customer shall be under no obligation to accept or pay for any Goods delivered in excess of the quantity ordered. The risk in any over-delivered...”
Other particular conditions
5. The Customer shall be under no obligation to accept or pay for any Goods delivered in excess of the quantity ordered. The risk in any over-delivered Goods shall remain with the Supplier.
“6. The Customer shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Specification.”
“7. The Supplier is responsible for the removal of all packaging.”
“C. Any Supplier pre-printed terms and conditions produced, signed or stamped by either Party and for whatever purpose during this Term are hereby disallowed.”
“3. Inspection of Goods”
“A. The Customer or its authorised representative may inspect (to include a call for advance samples) or test the Goods either completed or in the process of...”
Other particular conditions
A. The Customer or its authorised representative may inspect (to include a call for advance samples) or test the Goods either completed or in the process of manufacture, during normal business hours on reasonable notice at the Supplier’s premises (including the premises of any sub-Contractor or agent) and the Supplier shall provide all reasonable assistance in relation to any such inspection or test free of charge. A failure to make a complaint at the time of any such inspection or test and / or the approval given during or after such inspection or test shall not constitute a waiver by the Customer of any rights or remedies in respect of the Goods and the Customer reserves the right to reject the Goods in accordance with clause 3B
“B. The Customer may by written notice to the Supplier reject any of the Goods which fail to conform to the approved sample or fail to meet the...”
Other particular conditions
B. The Customer may by written notice to the Supplier reject any of the Goods which fail to conform to the approved sample or fail to meet the Specification. Such notice shall be given within a reasonable time to the Customer of such Goods If the Customer rejects any of the Goods pursuant to this clause the Customer may (without prejudice to other rights and remedies) either:
“1. treat the Agreement as discharged by the Supplier’s breach and obtain a refund (if payment for the Goods has already been made) from the Supplier in...”
Other particular conditions
1. treat the Agreement as discharged by the Supplier’s breach and obtain a refund (if payment for the Goods has already been made) from the Supplier in respect of the Goods concerned together with payment of any additional expenditure reasonably incurred by the Customer in obtaining other Goods in replacement provided that the Customer uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Goods.
“2. have such Goods promptly, and in any event within 14 working days, either repaired by the Supplier or replaced by the Supplier with Goods which conform...”
Other particular conditions
2. have such Goods promptly, and in any event within 14 working days, either repaired by the Supplier or replaced by the Supplier with Goods which conform in all respects with the approved sample or with the Specification and due delivery shall not be deemed to have taken place until such repair or replacement has occurred.
“C. Rejected Goods shall be removed by the Supplier from the Customer within fourteen working days from the date of the notification to the Supplier of their...”
Other particular conditions
C. Rejected Goods shall be removed by the Supplier from the Customer within fourteen working days from the date of the notification to the Supplier of their rejection. In the event of failure by the Supplier to remove Goods within fourteen working days of such notification, the Customer may dispose of such Goods as he see fit. Pending removal, the Goods will remain with the Customer at the risk of the Supplier. Any costs incurred by the Customer relating to such disposal shall at the option of the Customer be borne by the Supplier.
“D. For the avoidance of doubt, the Customer will be deemed to have accepted the Goods if it expressly states the same in writing or fails to reject the...”
Other particular conditions
D. For the avoidance of doubt, the Customer will be deemed to have accepted the Goods if it expressly states the same in writing or fails to reject the Goods in accordance with this Clause 3B.
“E. The issue by the Customer of a receipt note for the Goods shall not constitute any acknowledgement of the condition, quantity or nature of those Goods,...”
Other particular conditions
E. The issue by the Customer of a receipt note for the Goods shall not constitute any acknowledgement of the condition, quantity or nature of those Goods, or the Customer’s acceptance of them.
“F. The Supplier hereby guarantees the Goods for the period specified in Special Condition 5 (“Guarantee Period”) against faulty materials or workmanship....”
Other particular conditions
F. The Supplier hereby guarantees the Goods for the period specified in Special Condition 5 (“Guarantee Period”) against faulty materials or workmanship. The Customer shall within such Guarantee Period, or within 10 working days thereafter, give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such Guarantee Period under proper and normal use. The Supplier shall (without prejudice to any other rights and remedies which the Customer may have) promptly remedy such defects (whether by repair or replacement as the Customer shall elect) free of charge, which replaced or repaired Goods shall also have the benefit of this clause for the Guarantee Period.
“A. The Goods ordered under this Agreement shall be delivered to any location specified by the Customer, in Ireland, without limit to the number of...”
Other particular conditions
A. The Goods ordered under this Agreement shall be delivered to any location specified by the Customer, in Ireland, without limit to the number of locations, in the quantities and by the dates specified in the orders, unless otherwise stated. Any extension of the delivery time shall not constitute a general waiver or acquiescence on the Part of the Customer. All such Goods shall be delivered free of encumbrances or retention of title clauses or similar provision. The Charges quoted shall be based on the understanding that the Goods are to be delivered carriage paid to the various locations as specified in the order, along with the necessary delivery documentation. Pending such delivery, the Goods shall remain at the risk of the Supplier.
“B. Title shall pass to the Customer on payment for the Goods.”
“5. Payment”
“A. Subject to the provisions of this clause 5 the Customer shall pay and discharge the Charges (plus any applicable VAT), in the manner specified at...”
Other particular conditions
A. Subject to the provisions of this clause 5 the Customer shall pay and discharge the Charges (plus any applicable VAT), in the manner specified at Schedule B. Invoicing arrangements shall be on such terms as may be agreed between the Parties.
“1. Compliance by the Supplier with the provisions of this Agreement including but not limited to the terms of clause 11.A;”
“2. The furnishing by the Supplier of a valid invoice and such supporting documentation as may be required by the Customer from time to time. Any Supplier...”
Other particular conditions
2. The furnishing by the Supplier of a valid invoice and such supporting documentation as may be required by the Customer from time to time. Any Supplier pre-printed terms and conditions are hereby disallowed;
“3. Invoices should state the code, quantity and full description of the goods.”
“4. Invoices being submitted to the Customer’s Contact (as set out in this Agreement or such other alternative contract as may be agreed between the...”
Other particular conditions
4. Invoices being submitted to the Customer’s Contact (as set out in this Agreement or such other alternative contract as may be agreed between the Parties). All and any queries relating to the invoice and or the Goods for any billing period (including whether or not Goods have been accepted, rejected, satisfactorily repaired or replaced as the case may be) must be raised by the Customer’s Contact within 10 working days of receipt of invoice. In circumstances where no queries are raised within the said 10 day period the invoice shall be deemed accepted. Upon resolution of any queries on the invoice to the satisfaction of the Customer or upon such deemed acceptance the invoice shall be payable by the Customer. Payment is subject to any rights reserved by the Customer under Special Condition 4; and
“5. The Customer being in possession of the Supplier’s current Tax Clearance Certificate. The Supplier shall comply with all EU and domestic taxation law and...”
Other particular conditions
5. The Customer being in possession of the Supplier’s current Tax Clearance Certificate. The Supplier shall comply with all EU and domestic taxation law and requirements including but not limited to the terms of Circular 43/2006 issued by the DePartment of Finance, a copy of which is available at www.finance.gov.ie. The Supplier may supply the certificate and registration numbers, as they appear on the Tax Clearance Certificate, to facilitate on-line verification of their tax status by the Customer.
“C. The provisions of the Prompt Payment of Accounts Act 1997, as amended or revised, and the European Communities (Late Payment in Commercial Transactions)...”
Other particular conditions
C. The provisions of the Prompt Payment of Accounts Act 1997, as amended or revised, and the European Communities (Late Payment in Commercial Transactions) Regulations, 2002 shall apply to all payments. Incorrect invoices will be returned for correction with consequential effects on the due date of payment.
“D. Wherever under this Agreement any sum of money is recoverable from or payable by the Supplier (including any sum which the Supplier is liable to pay to...”
Other particular conditions
D. Wherever under this Agreement any sum of money is recoverable from or payable by the Supplier (including any sum which the Supplier is liable to pay to the Customer in respect of any breach of this Agreement), the Customer may unilaterally deduct that sum from any sum then due, or which at any later time may become due to the Supplier under the Agreement or under any other agreement or contract with the Customer. Any overpayment by either Party, whether of the Charges or of VAT or otherwise, shall be a sum of money recoverable by the Party who made the overpayment from the Party in receipt of the overpayment.
“E. Where indicated in the Specification, the Charges shall include the cost of instruction of the Customer’s personnel in the use and maintenance of the...”
Other particular conditions
E. Where indicated in the Specification, the Charges shall include the cost of instruction of the Customer’s personnel in the use and maintenance of the Goods and such instructions shall be in accordance with the requirements detailed in the Specification.
“F. Any and all taxes applicable to the provision of the Goods under and in accordance with this Agreement will be the sole responsibility of the Supplier...”
Other particular conditions
F. Any and all taxes applicable to the provision of the Goods under and in accordance with this Agreement will be the sole responsibility of the Supplier and the Supplier so acknowledges and confirms.
“1. it has the authority and right under law to enter into, and to carry out its obligations and responsibilities under this Agreement and to provide the...”
Other particular conditions
1. it has the authority and right under law to enter into, and to carry out its obligations and responsibilities under this Agreement and to provide the Goods hereunder;
“2. it is entering into this Agreement with a full understanding of its material terms and risks and is capable of assuming those risks;”
“3. it is entering into this Agreement with and has a full understanding of its obligations with regard to taxation, employment and environmental protection...”
Other particular conditions
3. it is entering into this Agreement with and has a full understanding of its obligations with regard to taxation, employment and environmental protection and is capable of assuming and fulfilling those obligations;
“4. it has acquainted itself with and shall comply with legal requirements or such other laws, recommendations, guidance or practices as may affect the...”
Other particular conditions
4. it has acquainted itself with and shall comply with legal requirements or such other laws, recommendations, guidance or practices as may affect the provision (to include manufacture and distribution process) of the Goods; and
“5. where applicable, the “Declaration as to the Personal Circumstances of Tenderer” produced by the Supplier that the status of the Supplier as certified in...”
Other particular conditions
5. where applicable, the “Declaration as to the Personal Circumstances of Tenderer” produced by the Supplier that the status of the Supplier as certified in the Submission that none of the excluding circumstances listed in Article 45 of EU Directive 2004/18/EC as implemented into Irish law by European Communities (Award of Public Authorities’ Contracts) Regulations 2006 (S.I. 329 of 2006) apply to the Supplier remains unchanged.
“B. The Supplier confirms and undertakes that the Goods supplied will, at the time of delivery (and for the Guarantee Period), correspond to the description...”
Other particular conditions
B. The Supplier confirms and undertakes that the Goods supplied will, at the time of delivery (and for the Guarantee Period), correspond to the description given by the Supplier in accordance with the Submission (to include any samples furnished thereunder) and the Specification (Schedule B) and that the manufacture, distribution and processes employed will comply in all material respects with the representations made in the Submission. None of the provisions of the Sale of Goods Acts 1893 and 1980 shall be excluded or limited under this Agreement.
“C. The Supplier shall be and undertakes to be responsible for and to take due precautions for the safe custody of any Goods on his premises which are the...”
Other particular conditions
C. The Supplier shall be and undertakes to be responsible for and to take due precautions for the safe custody of any Goods on his premises which are the property of the Customer and shall insure the same against any form of loss or damage and the Supplier so acknowledges and confirms.
“D. The Supplier undertakes to ensure that all and any necessary consents and or licences are obtained and in place for the purposes of this Agreement. The...”
Other particular conditions
D. The Supplier undertakes to ensure that all and any necessary consents and or licences are obtained and in place for the purposes of this Agreement. The Supplier hereby indemnifies the Customer and shall keep and hold the Customer harmless from and in respect of all and any liability loss damages claims costs or expenses which arise by reason of any breach of third Party intellectual property rights in so far as any such rights are used for the purposes of this Agreement.
“E. The Supplier undertakes to notify the Customer forthwith of any material change to the status of the Contractor with regard to the warranties...”
Other particular conditions
E. The Supplier undertakes to notify the Customer forthwith of any material change to the status of the Contractor with regard to the warranties confirmations and undertakings as set out in clause 6A through 6D and to comply with all reasonable directions of the Client with regard thereto which may include termination of this Agreement.
“A. The Supplier shall be liable for and shall indemnify the Customer for and in respect of all and any losses, claims, demands, damages or expenses which...”
Other particular conditions
A. The Supplier shall be liable for and shall indemnify the Customer for and in respect of all and any losses, claims, demands, damages or expenses which the Customer may suffer due to and arising directly as a result of the negligence, breach of contract, breach of duty, insolvency, recklessness, bad faith, wilful default or fraud of the Supplier its employees, sub-contractors or agents or any of them or as a result of the Supplier’s failure to exercise care as outlined in clause 1. The terms of this clause 7A shall survive termination of this Agreement for any reason.
“B. Save in respect of personal injury or death, neither Party will be liable for any indirect, incidental, punitive or consequential loss (including loss of...”
Other particular conditions
B. Save in respect of personal injury or death, neither Party will be liable for any indirect, incidental, punitive or consequential loss (including loss of profit), damage, cost or expense of any kind whatsoever and howsoever caused even if such Party has been advised of their possibility.
“C. Should the Customer find itself obliged to order elsewhere in consequence of the failure of the Supplier to deliver Goods of approved quality, the...”
Other particular conditions
C. Should the Customer find itself obliged to order elsewhere in consequence of the failure of the Supplier to deliver Goods of approved quality, the Customer shall be entitled to recover from the Supplier any excess prices which may be paid by the Customer.
“D. Except as otherwise expressly provided by this Agreement, all remedies available to either Party for breach of this Agreement are cumulative and may be...”
Other particular conditions
D. Except as otherwise expressly provided by this Agreement, all remedies available to either Party for breach of this Agreement are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies.
“A. Each of the Parties to this Agreement agrees to hold confidential all information, documentation and other material received, provided or obtained...”
Other particular conditions
A. Each of the Parties to this Agreement agrees to hold confidential all information, documentation and other material received, provided or obtained arising from their Participation in this Agreement and shall not disclose same to any third Party except to:-
“3. as may be necessary to give effect to the terms of this Agreement; or”
“4. in the case of the Customer by request of any person or body or authority whose request the Customer or persons associated with the Customer (including...”
Other particular conditions
4. in the case of the Customer by request of any person or body or authority whose request the Customer or persons associated with the Customer (including but not limited to the Legislature and/or the Executive and /or the Civil Service) considers it necessary or appropriate to so comply.
“B. The Supplier undertakes to comply with all reasonable directions of the Customer with regard to the use and application of all and any confidential...”
Other particular conditions
B. The Supplier undertakes to comply with all reasonable directions of the Customer with regard to the use and application of all and any confidential information (which may include compliance with operational protocols and/or signing of a non-disclosure agreement).
“C. In circumstances where the Customer is subject to the provisions of the Freedom of Information Acts, 1997 and 2003, then in the event of the Customer...”
Other particular conditions
C. In circumstances where the Customer is subject to the provisions of the Freedom of Information Acts, 1997 and 2003, then in the event of the Customer receiving a request for information related to this Agreement, the Customer shall consult with the Supplier in respect of the request. The Supplier shall identify any information that is not to be disclosed on grounds of commercial sensitivity, and shall state the reasons for this sensitivity. The Customer will consult the Supplier about this sensitive information before making a decision on any Freedom of Information request received. The final decision on disclosure rests with the Office of the Information Commissioner, and ultimately, the Courts.
“D. The terms of this clause 8 shall survive expiry, completion or termination for whatever reason of this Agreement.”
“9. Force Majeure”
“A. A ‘Force Majeure Event’ means an event beyond the reasonable control of the Affected Party (as defined in clause 9B below) including but not limited to...”
Other particular conditions
A. A ‘Force Majeure Event’ means an event beyond the reasonable control of the Affected Party (as defined in clause 9B below) including but not limited to acts of God, war, out-break of disease, insurrection, riot, civil disturbance, rebellion, acts of terrorism, government regulations, embargoes, explosions, fires, floods, tempests, or failures of supply of electrical power, or public telecommunications equipment or lines, excluding industrial action of whatever nature or cause (strikes, lockouts and similar) occurring at the Supplier (or sub-contractor or agent) places of business.
“B. In the event of any failure, interruption or delay in the performance of the Parties’ obligations (or of any of them) resulting from any Force Majeure...”
Other particular conditions
B. In the event of any failure, interruption or delay in the performance of the Parties’ obligations (or of any of them) resulting from any Force Majeure Event not reasonably within the control of the Party concerned (“the Affected Party”), the Affected Party shall promptly notify the other Party in writing specifying:
“2. the anticipated delay in the performance of obligations;”
“3. the action proposed to minimise the impact of the Force Majeure”
“And the Affected Party shall not be liable or have any responsibility of any kind for any loss or damage thereby incurred or suffered by the other Party;...”
Other particular conditions
And the Affected Party shall not be liable or have any responsibility of any kind for any loss or damage thereby incurred or suffered by the other Party; provided always that the Affected Party shall use all reasonable efforts to minimise the effects of the same and shall resume the performance of its obligations as soon as reasonably possible after the removal of the cause.
“C. If the Force Majeure Event continues for 60 calendar days either Party may terminate at 14 days’ notice.”
“D. In circumstances where the Supplier is the Affected Party, the Customer shall be relieved from any obligation to make payments under this Agreement save...”
Other particular conditions
D. In circumstances where the Supplier is the Affected Party, the Customer shall be relieved from any obligation to make payments under this Agreement save to the extent that payments are properly due and payable for obligations actually fulfilled by the Supplier in accordance with the terms and conditions of this Agreement.
“A. Notwithstanding the provisions of clause 12 and subject to the provisions of sub-clause 10B, this Agreement may be terminated by _____Co. Wexford...”
Other particular conditions
A. Notwithstanding the provisions of clause 12 and subject to the provisions of sub-clause 10B, this Agreement may be terminated by _____Co. Wexford VEC___________________ by serving __one__________ months (______ 1 months) written notice to the other Party. For greater certainty, neither Party shall be entitled to any additional amounts or compensation in the event that the Agreement is terminated in accordance with this Clause 10A.
“B. The Customer shall have the right (in addition to any other rights which it has at law) to terminate this Agreement immediately and without liability for...”
Other particular conditions
B. The Customer shall have the right (in addition to any other rights which it has at law) to terminate this Agreement immediately and without liability for compensation or damages on the happening of any of the following:
“1. if the Supplier commits any serious breach or a series of breaches of any provision of this Agreement and fails to remedy such breach(es) to the...”
Other particular conditions
1. if the Supplier commits any serious breach or a series of breaches of any provision of this Agreement and fails to remedy such breach(es) to the reasonable satisfaction of the Customer, (if the breach(es) are capable of remedy), within 30 days after receipt of a request in writing from the Customer; and / or
“2. if the Supplier becomes insolvent, becomes bankrupt, is wound up, commences winding up, has a receiving order made against it, makes any arrangement with...”
Other particular conditions
2. if the Supplier becomes insolvent, becomes bankrupt, is wound up, commences winding up, has a receiving order made against it, makes any arrangement with its creditors generally or takes or suffers any similar action as a result of debt, or an event having an equivalent effect; and/or
“3. where applicable, in circumstances where the Customer becomes aware that any of the excluding circumstances listed in Article 45 of EU Council Directive...”
Other particular conditions
3. where applicable, in circumstances where the Customer becomes aware that any of the excluding circumstances listed in Article 45 of EU Council Directive 2004/18/EC as implemented into Irish law by Regulation 53 of the European Communities (Award of Public Authorities’ Contracts) Regulations 2006 (Statutory Instrument 329 of 2006), apply to the Supplier.
“C. Termination of this Agreement shall not affect any antecedent and accrued rights, obligations or liabilities of either Party, nor shall it affect any...”
Other particular conditions
C. Termination of this Agreement shall not affect any antecedent and accrued rights, obligations or liabilities of either Party, nor shall it affect any provision of this Agreement which is expressly or by implication intended to come into or continue in force on or after such termination.
“D. On completion or termination of this Agreement, howsoever arising, The Supplier shall immediately return all confidential information, records, papers,...”
Other particular conditions
D. On completion or termination of this Agreement, howsoever arising, The Supplier shall immediately return all confidential information, records, papers, materials, media and other property of the other Party which is in its possession.
“A. The Customer’s Contact and the Supplier’s Contact shall liaise on a regular basis to address any issues arising which may impact on the performance of...”
Other particular conditions
A. The Customer’s Contact and the Supplier’s Contact shall liaise on a regular basis to address any issues arising which may impact on the performance of this Agreement and to agree milestones, compliance schedules and operational protocols as required by the Customer from time to time. If requested in writing by the Customer the Supplier shall meet formally with the Customer to report on progress and shall comply with all written directions of the Customer.
“1. liaise with and keep the Customer’s Contact fully informed of any matter which might affect the observance and performance of the Supplier’s obligations;”
“2. comply with the reporting arrangements and protocols required by the Customer from time to time; and”
“3. comply with all reasonable directions of the Customer.”
“C. The Customer or its authorised representative may inspect the Supplier’s premises, lands and facilities (or such Part of Parts thereof relating solely to...”
Other particular conditions
C. The Customer or its authorised representative may inspect the Supplier’s premises, lands and facilities (or such Part of Parts thereof relating solely to this Agreement) with due access to relevant personnel and records upon reasonable notice in writing to ensure compliance with the terms of this Agreement. The Supplier shall comply with all reasonable directions of the Customer thereby arising. The cost of inspection shall be borne by the Customer.
“D. The Supplier shall be required to hold for the Term insurances of the nature and amount as set out in the RFT and shall immediately advise the Customer...”
Other particular conditions
D. The Supplier shall be required to hold for the Term insurances of the nature and amount as set out in the RFT and shall immediately advise the Customer of any material change to its insured status. The Supplier shall produce proof of current premiums paid upon request and where required produce valid certificates of insurance for inspection. The Supplier shall comply with all reasonable directions of the Customer arising therefrom.
“Subject to clause 13A and to the Parties’ respective rights to apply to the courts upon any cause of action at any time, the Parties shall seek to resolve...”
Other particular conditions
Subject to clause 13A and to the Parties’ respective rights to apply to the courts upon any cause of action at any time, the Parties shall seek to resolve any disputes between them, arising out of or relating in any way to the issues covered by the Agreement amicably. The Parties may agree procedures and protocols for dispute resolution from time to time.
“13. Governing Law, Choice of Jurisdiction and Execution”
“A. This Agreement shall in all aspects be governed by and construed in accordance with the laws of Ireland and the Parties hereby agree that the courts of...”
Other particular conditions
A. This Agreement shall in all aspects be governed by and construed in accordance with the laws of Ireland and the Parties hereby agree that the courts of Ireland have exclusive jurisdiction to hear and determine any disputes arising out of or in connection with this Agreement.
“B. This Agreement shall be executed in duplicate and each copy of the Agreement shall be signed by all the Parties hereto. Each of the Parties to this...”
Other particular conditions
B. This Agreement shall be executed in duplicate and each copy of the Agreement shall be signed by all the Parties hereto. Each of the Parties to this Agreement confirms that this Agreement is executed by their duly authorised officers.
“A. Any notice or other communication to be given under this Agreement shall either be delivered personally or sent by registered post or email or facsimile...”
Other particular conditions
A. Any notice or other communication to be given under this Agreement shall either be delivered personally or sent by registered post or email or facsimile transmission. The Parties will from time to time agree primary and alternate contact Parties and details for the purposes of this clause 14.
“B. All notices shall be deemed to have been served as follows;”
“1. if personally delivered, at the time of delivery;”
“2. if posted by registered post at the expiration of 48 hours after the envelope containing the same was delivered into the custody of the postal...”
Other particular conditions
2. if posted by registered post at the expiration of 48 hours after the envelope containing the same was delivered into the custody of the postal authorities (and not returned undelivered); and
“3. if communicated by email or facsimile transmission at the time of acknowledgement of transmission;”
“15. Assignment and Sub-contract”
“Any assignment to a third Party, sub-contract or other transfer of a Party’s rights or obligations under this Agreement requires the prior written consent...”
Other particular conditions
Any assignment to a third Party, sub-contract or other transfer of a Party’s rights or obligations under this Agreement requires the prior written consent of the other Party. Prior to any such assignments, the assignee will be obliged to sign an undertaking to comply with all obligations under this Agreement. Any attempted assignment not complied with in the manner prescribed herein shall be null and void.
“This Agreement constitutes the entire agreement and understanding of the Parties, and any and all other previous agreements, arrangements and understandings...”
Other particular conditions
This Agreement constitutes the entire agreement and understanding of the Parties, and any and all other previous agreements, arrangements and understandings (whether written or oral) between the Parties with regard to the subject matter of this Agreement (save where fraudulently made) are hereby excluded.
“If any term or provision herein is found to be illegal or unenforceable, then such term or provision shall be deemed severed and all other terms and...”
Other particular conditions
If any term or provision herein is found to be illegal or unenforceable, then such term or provision shall be deemed severed and all other terms and provisions shall remain in full force and effect.
“No failure or delay by either Party to exercise any right, power or remedy shall operate as a waiver of it, nor shall any Partial exercise preclude further...”
Other particular conditions
No failure or delay by either Party to exercise any right, power or remedy shall operate as a waiver of it, nor shall any Partial exercise preclude further exercise of same or some other right, power or remedy.
“Nothing in this Agreement shall preclude the Customer from purchasing goods (or Goods) from a third Party at any time during the currency of the Agreement.”
“20. Media”
“No media releases, public announcements or public disclosures relating to this Agreement or its subject matter, including but not limited to promotional or...”
Other particular conditions
No media releases, public announcements or public disclosures relating to this Agreement or its subject matter, including but not limited to promotional or marketing material, shall be made by the Supplier without the prior written consent of the Customer.
“21. Conflicts, Registerable Interests and Corrupt Gifts”
“A. The Supplier confirms that it has carried out a conflicts of interest check and is satisfied that it has no conflicts in relation to the Goods and its...”
Other particular conditions
A. The Supplier confirms that it has carried out a conflicts of interest check and is satisfied that it has no conflicts in relation to the Goods and its obligations undertaken under this Agreement. The Supplier hereby undertakes to advise the Customer forthwith should any conflict of interest come to its attention during the currency of this Agreement and to comply with the Customer’s directions in respect thereof.
“B. Any registrable interest involving the Supplier (and any sub-contractor or agent as the case may be) and the Ceann Comhairle (Speaker), the Commissioners...”
Other particular conditions
B. Any registrable interest involving the Supplier (and any sub-contractor or agent as the case may be) and the Ceann Comhairle (Speaker), the Commissioners of Public Works, members of the Government, members of the Oireachtas or their relatives must be fully disclosed to the Customer immediately upon such information becoming known to the Supplier (sub-Supplier or agent as the case may be) and to comply with the Customer’s directions in respect thereof. The terms “registrable interest” and “relative” shall be interpreted as per section 2 of the Ethics in Public Office Act, 1995 (as amended) a copy of which is available on request.
“C. The Supplier shall not offer or agree to give any public servant or civil servant any gift or consideration or commission of any kind as an inducement or...”
Other particular conditions
C. The Supplier shall not offer or agree to give any public servant or civil servant any gift or consideration or commission of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any action in relation to the obtaining or execution of this or any other public contract. Any breach of this clause 21C or the commission of any offence by the Supplier, any sub-contractor, agent or employee under the Prevention of Corruption Acts, 1889 to 2005 shall entitle the Customer to terminate this Agreement forthwith and to recover the amount of any loss resulting from such cancellation, including but not limited to recovery from the Contractor of the amount or value of any such gift, consideration or commission.
“School enters Specifications and prices here as Part of contract.”
“Schedule C.”
“Intentionally left blank.”
“Schedule D.”
“Special conditions.”
“Unless the provisions below are ticked YES they shall NOT apply.”
“SPECIAL CONDITION 1 - DELIVERY.”
“SC 1(A) Time of delivery shall be of the essence YES ¿.”
“SC 1(A) If the Supplier fails to deliver the Goods within the time promised or specified in the Specification, the Customer may by notice in writing to the...”
Other particular conditions
SC 1(A) If the Supplier fails to deliver the Goods within the time promised or specified in the Specification, the Customer may by notice in writing to the Supplier’s Contact release itself from any obligation to accept and pay for the Goods and/or terminate this Agreement, in either case without prejudice to any other rights and remedies of the Customer.
“SC 1(B) Right to Impose Liquidated Damages Claim.”
“Where Delivery Dates not Complied with YES ¿.”
“SC 1(B) Without prejudice to any general right to damages under this Agreement where the Supplier does not deliver the ordered amount within delivery dates...”
Other particular conditions
SC 1(B) Without prejudice to any general right to damages under this Agreement where the Supplier does not deliver the ordered amount within delivery dates or lead times in accordance with this Agreement, the Customer may, at his discretion, deduct _5___ % per week, or Part thereof, for each week of late delivery of the value of the entire relevant invoice or order as liquidated damages up to a maximum amount of ___20___ % of the Charges (or invoice or order) price for the relevant Goods (“Liquidated Damages Threshold”).
“Where the Liquidated Damages Threshold is met or exceeded (being that delivery continues not to be performed after the Liquidated Damages Threshold is met),...”
Other particular conditions
Where the Liquidated Damages Threshold is met or exceeded (being that delivery continues not to be performed after the Liquidated Damages Threshold is met), the Customer shall be entitled to:
“(1) claim any remedy available to it (whether under the contract or otherwise) for loss or damage incurred or suffered by it after the end of the Liquidated...”
Other particular conditions
(1) claim any remedy available to it (whether under the contract or otherwise) for loss or damage incurred or suffered by it after the end of the Liquidated Damages Period; and
“(2) without prejudice to clause (1), the Customer shall be entitled to terminate the Agreement with immediate effect by giving notice in warning to the Supplier.”
Other particular conditions
(2) without prejudice to clause (1), the Customer shall be entitled to terminate the Agreement with immediate effect by giving notice in warning to the Supplier.
“SC 2 The Charges may only be increased or decreased on the first anniversary of the Effective Date and only thereafter on subsequent anniversaries of the...”
Other particular conditions
SC 2 The Charges may only be increased or decreased on the first anniversary of the Effective Date and only thereafter on subsequent anniversaries of the Effective Date by the percentage equal to the increase or decrease in one of the following.
“(last published by the Central Statistics Office, Ireland ¿.”
“Before the first anniversary and each subsequent.”
“Anniversary of the date of this Agreement.); or.”
“(b) __________________ Yes”
“[Please specify index] ¿.”
“Special condition 3 – limitation of liability.”
“SC 3 Supplier’s limitation on liability YES ¿.”
“Save in respect of fraud, personal injury or death (for which no limit applies), the limit of the Supplier’s aggregate liability to the Customer under this...”
Other particular conditions
Save in respect of fraud, personal injury or death (for which no limit applies), the limit of the Supplier’s aggregate liability to the Customer under this Agreement whatsoever and howsoever arising shall not under any circumstances exceed ________% of the Charges paid or projected to be paid (whichever is higher) under this Agreement regardless of the number of claims [and in any event shall not be for a sum less than []].
“SC 4(A) If for any reason the Customer is dissatisfied with the performance of the Supplier, an appropriate sum may be withheld from any payment otherwise...”
Other particular conditions
SC 4(A) If for any reason the Customer is dissatisfied with the performance of the Supplier, an appropriate sum may be withheld from any payment otherwise due (“the Retention Amount”). The Retention Amount shall not at any given time exceed_10___% of the Charges. In such event the Customer shall identify the Particular Goods with which it is dissatisfied together with the reasons for such dissatisfaction; payment of the Retention Amount will be made upon replacement and or remedy of the said Goods as identified by the Customer or resolution of outstanding queries. The Customer shall hold the Retention Amount on behalf of the Supplier but without any obligation to invest. The terms of this SC 4(A) shall be without prejudice to and not be in substitution for any remedy of the Customer under this Agreement.
“SC 4(B) Liquidated Damages for Failure to Collect Rejected Goods.”
“YES ¿.”
“SC4 (B) Without prejudice to any general right to damages under this Agreement where the Supplier does not collect rejected Goods, the Customer may at his...”
Other particular conditions
SC4 (B) Without prejudice to any general right to damages under this Agreement where the Supplier does not collect rejected Goods, the Customer may at his option charge the Supplier, by way of liquidated damages, __10___ % of the total value of the Charges for every day that Goods remain with the Customer beyond the period of seven days from date of the notice to recall.
“Makes alternative Arrangements to acquire Goods in place of.”
“Sub-standard Goods produced by Supplier YES ¿.”
“SC 4(C) Without prejudice to any general right to damages under this Agreement where the Customer must make alternative arrangements to meet his...”
Other particular conditions
SC 4(C) Without prejudice to any general right to damages under this Agreement where the Customer must make alternative arrangements to meet his requirements due to the failure of the Supplier to meet his obligations under this Agreement the Customer at his option may in addition to the excess in unit prices over and above the Charges incurred levy an amount calculated on the basis of ____ % per week, or Part thereof, for each week to the date on which the order to purchase elsewhere was made, of the value of the entire relevant invoice or order as liquidated damages.
“SC 5 The Guarantee Period shall be calculated from the date of delivery to the date _____12_____ months thereafter unless otherwise stated as a warranty...”
Other particular conditions
SC 5 The Guarantee Period shall be calculated from the date of delivery to the date _____12_____ months thereafter unless otherwise stated as a warranty requirement in the List.
“Special Condition 6: Compliance with specifications________________________ YES ¿.”
“SC 6 Items delivered must exactly match the specification listed with the exception of the following:”
“(a) where “c.” is used, this indicates “circa” and the number listed acts as an approximate guide to the specification listed”
“(b) where approx. or approximately is used to indicate approximate quantity”
“(c) where the terms “min” or “max” are used to indicate minimum or maximum”
“Special Condition 7: Supply of surplus quantities of chemical reagents YES ¿.”
“In the case of chemicals and reagents, items on the biology (BIO) and chemistry (CHE), science resource (RES) lists, items are indicated with the symbol ¿,...”
Other particular conditions
In the case of chemicals and reagents, items on the biology (BIO) and chemistry (CHE), science resource (RES) lists, items are indicated with the symbol ¿, the quantities supplied must exactly match the quantities specified on the DePartment of Education and Skills equipment list. Where the Supplier supplies in excess of the amount specified, the onus is on the Supplier to remove for disposal any surplus quantities.
“Special Condition 8: Pricing of multiple units YES ¿.”
“Where a specification quoted is for greater than 1item, the price quoted shall be for the total number of items. For example, in the case below, the...”
Other particular conditions
Where a specification quoted is for greater than 1item, the price quoted shall be for the total number of items. For example, in the case below, the requested quantity is for 4 packs of 10 prepared Agar plates i.e. total of 40 Agar prepared plates; the price quoted will be for total 40 (i.e. 4 packs of 10) prepared Agar plates.
“Customer’s rft including any clarifications issued by the customer.”
“Schedule F.”
“Supplier’s submission including any clarifications issued by the supplier.”
“Appendix 3.”
“Pricing schedule.”
“(Tenderer to enter list of equipment here and prices).”
“Appendix 4.”
“Tenderer’s statement.”
“[Tenderers shall complete and return the following form of Tenderer Statement printed on the Tenderer's headed note paper and signed by the Tenderer].”
“TO: The Contracting Authority.”
“RE: The supply of Supply, Delivery, Commissioning and Installation as required of Furniture and Equipment at Gorey Community College.”
“Having examined your Request for Tenders (RFT) including the Instructions to Tenderers, Qualification and Award Criteria, Requirements and Specifications,...”
Other particular conditions
Having examined your Request for Tenders (RFT) including the Instructions to Tenderers, Qualification and Award Criteria, Requirements and Specifications, we hereby agree and declare the following:
“1. We understand the nature and extent of the Goods required to be delivered as described in Requirement and Specifications at Appendix 1 to the RFT.”
“2. We accept all of the terms and conditions of and agree to execute the Goods Contracts at Appendix 2 to the RFT.”
“3. We accept all the Qualification and Award Criteria as set out in Part 3 of the RFT.”
“4. We agree to provide the Contracting Authority with the Goods in accordance with the Request for Tenders and our Tender.”
“5. We confirm that we have complied with all requirements as set out at Part 2 of this RFT.”
“6. We confirm that all prices quoted in our Tender will remain valid for the period of time commencing from the closing date for the receipt of Tenders as...”
Other particular conditions
6. We confirm that all prices quoted in our Tender will remain valid for the period of time commencing from the closing date for the receipt of Tenders as specified at paragraph 2.10.2 of the RFT.
“7. We acknowledge that the RFT does not constitute an offer to enter into a contract and neither this document nor any of the information set out therein...”
Other particular conditions
7. We acknowledge that the RFT does not constitute an offer to enter into a contract and neither this document nor any of the information set out therein should be regarded as a commitment or representation on the Part of the Contracting Authority or any other person to enter into a contractual arrangement. No commitment of any kind, contractual or otherwise shall exist unless and until a formal written contract has been executed by or on behalf of the Contracting Authority. The Contracting Authority may, at its absolute discretion, cancel this public procurement competition at any time prior to a formal written contract being executed by and on behalf of the Contracting Authority.
“8. We satisfy the Qualification Criteria as set out at paragraph 3.2A of the RFT and, if requested by the Contracting Authority, shall immediately furnish...”
Other particular conditions
8. We satisfy the Qualification Criteria as set out at paragraph 3.2A of the RFT and, if requested by the Contracting Authority, shall immediately furnish such evidence as may demonstrate our economic and financial capacity in accordance with paragraph 3.2A of the RFT.
“9. We shall, if awarded any contract under the RFT, have in place on the Effective Date of the Goods Contract all insurances (if any) as required by...”
Other particular conditions
9. We shall, if awarded any contract under the RFT, have in place on the Effective Date of the Goods Contract all insurances (if any) as required by paragraph 2.21.1.
“2. Remembered to sign and complete all the relevant pages where so required?”
“3. Completed the Pricing Schedule at Appendix 3 - Is every item on each List addressed?”
“4. If submitting the Tender by hand or by postal delivery, have you correctly addressed”
“The Tender return package (including marking it ‘Confidential’ and setting out the RFT Title as per paragraph 1.3 of the RFT) ?”
“5. Returned all the documentation required?”
“6. Noted the closing time and date for return of the Tender?”
“Appendix 6.”
“Declaration AS.”
“To personal circumstances of tenderer.”
“RFT Title: Supply, Delivery, and Commissioning and Installation as required of Furniture and Equipment at Gorey Community College.”
“Name of tenderer:”
“Address:”
“I, [], having been duly authorised by the Tenderer sincerely declare that:”
“(i) The Tenderer is not bankrupt or being wound up, its affairs are not being administered by a court, it has not entered into an arrangement with its...”
Other particular conditions
(i) The Tenderer is not bankrupt or being wound up, its affairs are not being administered by a court, it has not entered into an arrangement with its creditors, it has not suspended its business activities nor is it in any analogous situation arising from a similar procedure under national laws and regulations;
“(ii) The Tenderer is not the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court...”
Other particular conditions
(ii) The Tenderer is not the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or for an arrangement with creditors or of any other similar proceedings under national laws and regulations;
“(iii) Neither the Tenderer, nor any of its directors or Partners, has been convicted of an offence concerning professional conduct by a judgment which has...”
Other particular conditions
(iii) Neither the Tenderer, nor any of its directors or Partners, has been convicted of an offence concerning professional conduct by a judgment which has the force of res judicata or been guilty of grave professional misconduct (proven by any means which the Contracting Authority can demonstrate) in the course of its or their business;
“(iv) The Tenderer has fulfilled its obligations relating to the payment of taxes or social security contributions in its country of establishment or any...”
Other particular conditions
(iv) The Tenderer has fulfilled its obligations relating to the payment of taxes or social security contributions in its country of establishment or any other State in which the Tenderer is located;
“(v) The Tenderer has not been guilty of serious misrepresentation or omission in providing information to a public buying agency, including the Contracting...”
Other particular conditions
(v) The Tenderer has not been guilty of serious misrepresentation or omission in providing information to a public buying agency, including the Contracting Authority;
“(vi) The Tenderer (or any of its directors or Partners) has not been convicted of fraud,”
“Money laundering, corruption, or of being a member of a criminal organisation; and.”
“I understand and acknowledge that the provision of inaccurate or misleading information in this declaration may lead to my company/Partnership being...”
Other particular conditions
I understand and acknowledge that the provision of inaccurate or misleading information in this declaration may lead to my company/Partnership being excluded from Participation in this or future tenders, and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938. This declaration is made for the benefit of the Contracting Authority.
“Signature of Declarant: _______________________________________.”
“Name of Declarant in print or block capitals: _____________________________________.”
“Declared before me by [] who is personally known to me.”
“(or who is identified to me by [] who is personally known to me) at.”
“This ........................... day of ................................................... 20__.”
“Practising Solicitor/Commissioner for Oaths.”
Procedure Languages
Language: English 🗣️
Contracting authority Identity
Awarding authority name: County Wexford Vocational Education Committee
Contact
Contact point: Ms Clare McMahon, CEO
Internet address: www.cowexfordvec.ie🌏
Address of the buyer profile: http://www.etenders.gov.ie/search/Search_AuthProfile.aspx?ID=AA01491🌏
Name: County Wexford Vocational Education Committee
Postal address: Ardcavan Business Park, Ardcavan
Postal town: Wexford
Country: Ireland 🇮🇪
Contact point: Buildings DePartment
URL for further information: www.cowexfordvec.ie🌏
URL for documents: www.cowexfordvec.ie🌏
URL for participation: www.cowexfordvec.ie🌏
Complementary information Review body
Name: Co. Wexford VEC
Postal address: Ardcavan Business Park, Ardcavan, Co. Wexford
Postal town: Wexford
Country: Ireland 🇮🇪
E-mail: tenders@cowexfordvec.ie📧
Source: OJS 2011/S 098-160539 (2011-05-19)
Contract award notice (2011-10-17) Object Notice metadata
Document type: Contract award notice
Procedure
Type of bid: Not applicable
Reference Dates
Date dispatched: 2011-10-17 📅
Publication date: 2011-10-20 📅
Identifiers
Notice number: 2011/S 202-328076
Refers to notice: 2011/S 98-160539
OJ-S issue: 202
Additional information
“(ET Ref:323697).”
Award of contract
1️⃣
Date of contract conclusion: 2011-08-16 📅
Name: Ibotz Irl Limited
Postal address: Unit 5 & 6, Longford Business And Technology Park, Ballinalee Road
Postal town: Longford
Country: Ireland 🇮🇪
E-mail: kenny@ibotz.com📧
2️⃣
Name: Sp.Sports
Postal address: Unit F5 Riverview Business Park, Nangor Rd
Postal town: Dublin
E-mail: andy@spsports.ie📧
Internet address: www.spsports.ie🌏
3️⃣
Name: Shaw Scientific
Postal address: Greenhills Industrial Estate, Walkinstown
Postal code: Dublin 12
E-mail: darren@shawscientific.com📧
5️⃣
Name: Lennox Laboratory Supplies Ltd.
Postal address: J. F. Kennedy Drive, Naas Road
Postal code: 12
E-mail: murty@lennox.ie📧
Internet address: http://www.labsupplies.ie🌏
7️⃣
Name: Sligo Graph Ltd
Postal address: Unit 8A, Dublin Road Business Park, Carraroe
Postal town: Sligo
E-mail: karl@sgeducation.ie📧
Internet address: www.sgeducation.ie🌏
9️⃣
Name: School&Office Supplies
Postal address: Selskar Street
Postal town: Wexford
E-mail: soswexford@eircom.net📧 Information about tenders
Number of tenders received: 24
Complementary information Review body
Postal address: Ardcavan Business Park, Ardcavan
Source: OJS 2011/S 202-328076 (2011-10-17)