SPECIFICATION OF ESSENTIAL TERMS OF THE CONTRACT › g2 › oryginal › 2015_04 › be7cf5b61... · Appendix no. 1 to the specification of essential terms of the contract. The remaining

The public tender is co-financed by the European Union

from the funds of the European Social Fund under the Operational Programme Human

Capital

SPECIFICATION OF ESSENTIAL TERMS OF THE CONTRACT

Preparing and conduct ing internship - training programmes at

the bes t univers i t ies /sc ient i f ic centres in the world in the scope

of research managem ent and commercial iza t ion of research

resul ts

procedure symbol: B D G . W Z P . 3 1 1 . 3 . 2 0 1 5 . 9 . M W

I HEREBY APPROVE

Andrzej Kurkiewicz

(employee of the contracting authority, to whom the head of the contracting authority has entrusted the written

performance of activities reserved for him in the contract award procedure)

Warsaw, on 31 March 2015

Ministry of Science and Higher Education

Open tender: Preparing and conducting internship-training programmes at the best universities/scientific centres in the world in the

scope of research management and commercialization of results

Procedure symbol: BDG.WZP.311.3.2015. 9.MW

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Chapter 1.

Name and address of the Contracting authority

Contracting authority: Ministry of Science and Higher Education (MNiSW)

Wspólna 1/3 St.

00-529 Warsaw (enter from Hoża 20 St.)

Contracting authority’s website address: www.nauka.gov.pl

Working hours of the Ministry of Science and Higher Education: from Monday to Friday, 8.15-

16.15 (excluding public holidays).

The website address where information concerning this tender is published:

http://www.bip.nauka.gov.pl/(tab - zamówienia publiczne (public procurements), to which the

provisions of the PPA apply).

Any correspondence to the Contracting authority concerning the procedure should be directed

to the following address:


Wspólna 1/3 St.

00-529 Warsaw

Department of Public Procurements (room no. 38)

procedure symbol: BDG.WZP.311.3.2015. 9.MW

fax: +48 (22) 52-92-780

e-mail: [email protected]

(the Contracting authority shall not be liable for the consequences of failure to observe this

requirement by Contractors).

Chapter 2.

Procedure for awarding the contract

1. The contract award procedure is conducted on the basis of the provisions of the act of 29

January 2004 Public Procurement Act (OJ of 2013 item 907, as amended), hereinafter

referred to as PPA, in an open tender in accordance with the provisions applicable for

procedures, where the value of the public tender is equal to or greater than the amounts

specified in the provisions issued on the basis of art. 11 sec. 8 of PPA, including art. 5

sec. 1 of PPA.

2. For matters not regulated in the specification of essential terms of the contract, hereinafter

referred to as the specification of essential terms of the contract, the provisions of PPA,

executive acts to PPA and the Civil Code apply (if the provisions of PPA do not provide

otherwise).

Chapter 3.

Description of the subject-matter of the contract

1. Name of the subject-matter of the contract: Preparing and conducting internship-

training programmes at the best universities/scientific centres in the world in the

scope of research management and commercialization of research results.

2. The service includes:

http://www.nauka.gov.pl/

http://www.bip.nauka.gov.pl/

mailto:[email protected]





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substantial preparation and conducting five several-week internship-training

programmes in 2015 for a total of 180 scientific or research employees of

Polish science entities, who have a professional title of at least a master's

and carry out research in the field of sciences, natural sciences, technology,

agriculture, forestry, veterinary, medical, health sciences or physical culture

education sciences, as well as employees of technology transfer centres

involved in the commercialization of research results within the framework

of the listed scientific areas. Each programme should place emphasis on

active learning methods and courses developing soft skills in the field of:

1) scientific research management and scientific/research team

management;

2) practical aspects of commercialization of research results;

3) cooperation between science and economy.

As part of the internship-training programme, for each part of the contract,

classes should take the form of lectures, workshops, discussion panels,

meetings with entrepreneurs or investors and study visits and/or internships

in enterprises.

organizational support for each programme, consisting in

1) issuing each participant of the Programme a written certificate confirming

participation in the Programme;

2) conducting weekly evaluations of classes,

3) ensuring accommodation, board and transport to participants of the

Programmes,

4) assistance in carrying out the visa procedure (if the Programmes are

provided in a country, where it is necessary for participants to have visas)

3. A detailed description of the subject-matter of the contract has been specified in

Appendix no. 1 to the specification of essential terms of the contract. The remaining

conditions on the performance of the contract have been specified in the Material

Agreement Terms, constituting Appendix no. 2 to the specification of essential terms of

the contract.

4. The subject-matter of the contract consists of five parts.

1) The Contracting authority admits the submissions of tenders for lots for any

selected parts of the subject-matter of the contract;

2) The Contractor submitting the tender in this procedure must submit a tender on all

items listed by the Contracting authority in the given part;

3) the Contracting authority shall evaluate tenders for each part of the subject-matter

of the contract separately;

4) The Contracting authority shall select an tender for each part of the subject-matter

of the contract separately – the most favourable tender of those submitted to a given

part of the tender – assessed on the basis of the contract award criteria;





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5) in the event of circumstances occurring for cancelling the contract award procedure,

the Contracting authority shall cancel the procedure only in the part to which these

circumstances relate.

5. The Contracting authority does not permit the possibility of submitting variants

within the meaning of art. 2 pt 7 of PPA (a variant [tender] shall mean a tender

providing, in accordance with the terms of specified in the specification of essential terms

of the contract, for a method of the performance of the contract other than that specified

by the contracting authority).

6. Code and name of the tender specified in the Common Procurement Vocabulary

(CPV):

80500000-9 training services

55110000-4 hotel accommodation services

55500000-5 buffet services and in the scope of serving meals

Chapter 4.

Time limit for contract performance

Time limit for contract performance:

a) Part 1 of the tender: July 2015 - November 2015;

b) Part 2 of the tender: July 2015 - November 2015;

c) Part 3 of the tender: July 2015 - November 2015;

d) Part 4 of the tender: July 2015 - November 2015;

e) Part 5 of the tender: July 2015 - November 2015;

Chapter 5.

The conditions for participation in the procedure and description of the method

used for the evaluation of the fulfilment of those conditions

1. The conditions for participation in the procedure must be met on the date of submitting

tenders. Failure of the Contractor to meet the conditions of participating in the procedure

shall result in the Contractor's exclusion from the procedure. The tender of an excluded

Contractor shall be deemed rejected.

2. Contractors who meet the conditions of participating in the procedure referred to in

art. 22 sec. 1 of PPA, i.e. concerning the following may compete for a contract:

1) Possessing authorisations to perform specific activities or actions, if such

authorisations are required by the law,

2) possessing knowledge and experience;

3) having at his disposal the appropriate technical potential,

4) having at his disposal the persons capable of performing a contract,

5) economic and financial standing.





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The Contracting authority does not determine the detailed conditions in the

aforementioned scope. Evaluation will be based on the declaration of the Contractor

on meeting the conditions of participation in the procedure.

3. In the case of Contractors jointly competing for a contract, at least one of the Contractors

or all Contractors combined must meet the conditions referred to in sec. 2.

4. Contractors, who are not subject to exclusion due to not meeting the conditions referred to

in art. 24 sec. 1 of PPA, may compete for a contract.

Evaluation will be based on a declaration submitted by the Contractor and the document

referred to in Chapter 6 sec. 2. The contents of the documents presented by the

Contractor must clearly show that the Contractor is not excluded from the procedure.

5. In order to demonstrate the lack of grounds for exclusion from the procedure on the

basis of art. 24 sec. 2 item 5 of PPA, the Contractor shall submit: information that he

does not belong to any capital group, referred to in art. 24 sec. 2 item 5 of PPA or

information that the Contractor belongs to a capital group, referred to in art. 24 sec. 2

item 5 of PPA with a list of entities belonging to the same group within the meaning of

the Act of 16 February 2007 on competition and consumer protection (OJ. of Laws no.

50, item 331 as amended)

.

Chapter 6.

List of declarations or documents to be delivered by the Contractors in order to confirm

fulfilment of the conditions for participating in the procedure

1. In the scope of demonstrating fulfilment by the Contractor of the conditions for

participating in the procedure, referred to in art. 22 sec. 1 of PPA, a declaration must be

submitted on fulfilling the conditions for participating in the procedure – the form

constitutes Appendix no. 4 to the specification of essential terms of the contract - the

declaration must be submitted in writing.

2. In order to demonstrate the lack of grounds for excluding a Contractor from the contract

award procedure in circumstances referred to in art. 24 sec. 1 of PPA, the Contracting

authority shall request submitting:

declaration on the lack of grounds for exclusion - the form constitutes Appendix no. 5

to the specification of essential terms of the contract - the declaration must be

submitted in original or a copy certified as a true copy by the Contractor (person/persons

authorized to represent the Contractor);

3. In order to demonstrate the lack of grounds for exclusion from the procedure on the basis

of art. 24 sec. 2 item 5 of PPA, the Client requests the submission of the following with

the tender:

1) information that the Contractor does not belong to any capital group, referred

to in art. 24 sec. 2 item 5 of PPA - the information must be submitted in writing. The

information form constitutes Appendix no. 6 to the specification of essential

terms of the contract.

or





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2) information that the Contractor belongs to a capital group, along with the list

of entities belonging to the same capital group within the meaning of the act of

16 February 2007 on competitions and consumer protection (OJ No. 50, item 331

as amended) - the information must be submitted in writing. The information form

constitutes Appendix no. 7 to the specification of essential terms of the contract.

4. In the case of multi-page documents, each page of the document should be certified as a

true copy.

Chapter 7.

Contractors jointly competing for a contract

1. Contractors jointly competing for a contract appoint a proxy to represent them in

the contract award procedure or to represent them in the procedure and conclude

an agreement concerning the public procurement. The power of attorney for the

proxy must be attached to the tender.

2. Each of the Contractors jointly competing for a contract submits on his behalf:

1) the declaration referred to in Chapter 6 sec. 2 of the specification of essential terms

of the contract;

2) the document referred to in Chapter 6 sec. 3 of the specification of essential terms of

the contract.

Chapter 8.

Clarifications and modifications of the contents of the specification of essential terms of

the contract

1. The Contractor may turn to the Contracting authority with a request to explain the content

of the specification of essential terms of the contract.

2. The Contracting authority shall be obligated to provide explanations without delay,

however no later than 6 days before the expiry of the time limit for submission of tenders,

provided that the request for explanation of the contents of specification of essential

terms of the contract was received by the contracting authority not later than by the end

of the day, on which half of the time limit allowed for submission of tenders passes.

3. Should the request for explanation of the contents of the specification of essential terms

of the contract be submitted after the time limit, referred to in sec. 2 or pertain to

explanations already given, the Contracting authority may provide explanations or

disregard the request.

4. The content of queries (without revealing the source of inquiry) along with explanations

will be published by the Contracting authority on the Contracting authority’s website and

sent to the Contractors, to whom the specification of essential terms of the contract were

sent.

5. In justified cases the Contracting authority may modify the contents of the specification

of essential terms of the contract before expiration of the time limit for submitting tenders

(modification of the specification of essential terms of the contract).





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6. In the case of any discrepancies between the contents of the specification of essential

terms of contract and the contents of answers, the binding content shall be the content of

the letter containing the latest declaration of the Contracting authority.

Chapter 9.

Information on the means of communication between the Contracting authority and

Contractors, as well as dispatching declarations or documents, and also indicating the

person authorized to communicate with Contractors

1. Any information relating to actions undertaken by the Contracting authority shall be

passed onto Contractors via e-mail (sending scans of the signed letter), and in justified

cases, in particular the lack of a Contractor's e-mail - to the fax number indicated in the

Contractor's tender, as well as published on the Contracting authority's website.

2. If the Contracting authority or Contractor send declarations, requests, notifications and

information by fax or e-mail (with reservation to documents referred to in Chapter 5 and 6

of the specification of essential terms of the contract), each of the parties at the request of

the other immediately confirms receipt – the Contracting authority requires, in each case,

confirmation of receipt of the message by the Contractor. In the absence of such

confirmation by the Contractor, despite the request by the Contracting authority, it shall

be presumed that the letter sent by the Contracting authority to the last known e-mail

address or fax number (provided by the Contractor) was delivered in such a way that

enables the Contractor to read the letter.

3. The Contractor should check the Contracting authority’s website, as information related

to this procedure shall be published there.

4. Person on the part of the Contracting authority authorized to contact Contractors - Michal

Wiśniewski, e-mail: [email protected]; fax.: + 48 (22) 52-92-780.

Chapter 10.

Requirements pertaining to the deposit.

The Contracting authority does not require to pay a deposit.

Chapter 11.

Tender validity period

1. The Contractor must maintain his tender for the period of 60 days. The period, during

which a Contractor must maintain his tender, shall commence with the expiry of the time

limit for submission of tenders.

2. The Contractor without assistance or at the request of the Contracting authority may

extend the time limit during which his tender must be maintained, and the Contracting

authority may only once, at least 3 days before expiration of the tender validity period,

turn to the contractors with a request to give their consent to extend that time limit by a

specified period of no more than 60 days.

3. In the case of lodging an appeal after the expiration of the time limit for submission of

tenders, the tender validity period shall be suspended until the National Appeal Chamber

rules.

mailto:[email protected]





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Chapter 12.

Description of the manner of preparation of tenders

ATTENTION

1. The Contracting authority has prepared forms to be completed by the Contractor.

The consequences of submitting a tender not in accordance with the description provided in sec. 8 shall be

borne by the Contractor. Improper marking may result in e.g. treating the tender as ordinary

correspondence. This also applies to the exterior packages of courier shipments (e.g. Pocztex) - in this case,

the outer packaging must also contain a sealed envelope marked as specified in sec. 6.

2. A Contractor competing for a contract individually is required to submit, along

with the tender Form attached as Appendix no. 3 to the specification of essential

terms of the contract, the following documents:

1. A detailed plan of activities including:

1 . 1 an exact completion date of the Programme within the period specified by the Contracting

authority for the given part of the tender,

1.2 the place of realization of courses,

1.3 the number of hours planned for specific forms of courses,

1 . 4 the method and date of providing teaching materials concerning the courses

2. A list of lecturers who are to conduct classes under the programme, containing brief biographies and

photographs of lecturers

3. A list of centres, which the participants are to visit during the study visits and internship elements (the list

should contain at least 4 positions)

4 . Information on the place of accommodation of participants containing basic information on:

4.1 the conditions of accommodation,

4.2 the location,

4.3 the available means of transport

5. Power of attorney to represent the Contractor (if applicable)

(the document must be submitted in original or notarized copy)

6. Power of attorney for the Proxy of Contractors jointly competing for a contract

and/or power of attorney for the person acting on behalf of the Proxy (if applicable) (the document must be

submitted in original or notarized copy)

7. The Contractor's declaration on meeting the conditions of participation in the procedure – appendix no. 4

to the specification of essential terms of the contract.

8. Declaration on the lack of grounds for exclusion from the contract award procedure – appendix no. 5 to

the specification of essential terms of the contract.

9. Information on not belonging to a capital group - appendix no. 6 to the specification of

essential terms of the contract (if applicable)

or

Information on belonging to a capital group - appendix no. 7 to the specification of


10. Information on positions taken in current (global) rankings of universities - appendix no. 8

to the specification of essential terms of the contract





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3. Contractors jointly competing for a contract, along with the tender Form attached

as appendix no. 3W to the specification of essential terms of the contract are

required to submit the documents listed in sec. 2.

4. The tender must be signed by the Contractor, i.e. the person(s) representing the

Contractor, in accordance with the principles of representation indicated in the relevant

register/document or person(s) authorized to represent the Contractor.

5. The Contractor may submit only one tender. The tender must be drawn up in writing.

6. The tender must comply with the requirements set out by the Contracting authority in the

specification of essential terms of the contract.

7. It is recommended that:

1) any amendments, deletions or changes in the text of the tender (and in the

appendices to the tender) be initialled by the person authorized to represent the

Contractor or having power of attorney;

2) each printed page of the tender (including the appendices to the tender) be initialled

and numbered consecutively;

3) the tender is submitted in a form that prevents its accidental break-up (pieces of

paper of the tender e.g. stapled, bound, sewn);

4) in the case of an illegible signature, the Contractor places his personal stamp or

writes information about who signed the document (legible name and surname).

Failure to meet the above recommendations shall not result in rejection of the tender;

however, any negative consequences that may arise from failure to meet said

requirements shall be borne by the Contractor.

8. The tender must be submitted in a sealed package/envelope (safeguards to prevent being

able to read its contents before the date of the opening). The envelope/package should

bear the following markings:





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Contractor:

Full name, exact address,

telephone/fax number of the Contractor (a legible stamp print is allowed)


Wspólna 1/3 St., 00-529 Warsaw, Poland

Registry office

(Department of Public Procurements, room 36)

TENDER

Preparing and conducting internship-training programmes at the best

universities/scientific centres in the world in the scope of research

management and commercialization of research results.

- procedure symbol: BDG.WZP.311.3.2015. … .MW

Not to be opened before the opening date i.e. 4 May 2015, 1230

PM Polish time

9. Enterprise secret

The Contractor shall attach to the tender (if required) information on classifying part of

the tender as enterprise secret along with a written justification on the nature of the

classified information in the tender.

10. The contract award procedure is conducted in Polish. The Polish version of the

documents provided to the Contractor by the Contracting authority will be accompanied

by auxiliary versions drawn up in English, with reservation that the Polish version shall

prevail and the Contractor assumes the risk of using the English version.

11. The Contracting authority, pursuant to art. 9 sec. 3 of PPA, consents to the Contractor's

submission of the tender, declarations and other documents - as chosen by the Contractor

- in Polish or in English.

12. The Contractor shall bear all the costs related to preparation and submission of the

tender.

13. Amendment / withdrawal of the tender

1) in accordance with art. 84 sec. 1 of PPA, the Contractor may, before expiration of

the time limit for submitting tenders, amend or withdraw the tender;

2) The Contractor informs the Contracting authority about making amendments or

withdrawing the tender in writing. The letter informing about an amendment or

withdrawal of the tender should be submitted (before the time limit for submitting

tenders), as described in sec. 8, additionally denoted "AMENDMENT OF

TENDER" or "WITHDRAWAL OF TENDER". The letter must be accompanied





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by a document, which demonstrates the right of the person signing to

represent the Contractor.

Chapter 13.

Place and date of submission and opening of tenders

1. Place of submitting tenders:

Registry office Ministry of Science and Higher Education

Wspólna 1/3 St. (enter from Hoża 20 St.)

00-529 Warsaw

2. Time limit for submitting tenders: until 4 May 2015, 1200

PM Polish time.

3. The opening of tenders is public and shall take place at the seat of the Contracting

authority as above, room 46, on 4 May 2015, 1230

PM Polish time.

Chapter 14.

Description of the method of calculation of the price of the tender

1. The tender gross price is the final price determining the maximum remuneration for the

realization of the subject-matter of the contract. It should be calculated so as to cover all

expenses incurred by the Contracting authority for the realization of this contract by the

Contractor, including VAT and any discounts. The Contractor determines only one

tender price per one part. The gross tender price shall be calculated according to the table

set out in the tender Form attached as Appendix no. 3 to the specification of essential

terms of the contract for a Contractor competing for a contract individually or

Appendix no. 3W to the specification of essential terms of the contract for

Contractors jointly competing for a contract.

2. All values should be expressed numerically (accurate to two decimal points according to

mathematical rounding rules). The gross tender price must be expressed numerically and in

words in the currency indicated by the Contractor.

3. Settlements between the Contracting authority and the Contractor shall be conducted in the

currency indicated by the Contractor.

Chapter 15.

Description of the criteria, which the Contracting authority will follow in selection of a

tender,

along with specification of the significance of the said criteria and the manner of

assessment of tenders

1. The Contracting authority shall follow the following criteria in selecting the most

favourable tender:





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No. Criterion

weight

Criterion

name Method of awarding points

Number of

points

1.

Qu

ali

ty (

Jy)

60

%

Position in

current

(global)

rankings of

universities

Position 1-5 in the Shanghai ranking for 2014 15 points




Position 1-5 in the "U-Multirank. Research and

Research Linkages Ranking" for 2014 15 points







Position 1-5 in the "Center for World University

Rankings" for 2014 15 points





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Position 1-5 in another current ranking of universities

worldwide demonstrated by the Contractor, which takes

into account during assessment at least one indicator

related to the commercialization of research results*

15 points





13 points





11 points





9 points

2.

Pri

ce (

Cy

)

40

%

Points calculated according to the formula

[(lowest

tendered

gross price)/

gross price of

assessed

tender) ] x 40

*One additional current ranking of universities worldwide may be proposed by Contractors - appendix no. 8

to the specification of essential terms of the contract. This ranking must meet the following requirements:

a) for assessment, at least one indicator related to the commercialization of research results is used;

b) different types of universities are assessed in the ranking (i.e. the ranking cannot be limited e.g. only to

business schools).

2. It is assumed that in the assessment of tenders, the value expressed in percentages will be

expressed in points (1% = 1 point).





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3. Points in the criterion "Quality" will be awarded based on the position of the

university in the rankings, provided that the total number of points for the position on

ranking lists will be higher than or equal to 30:

Failure to obtain the set minimum number of quality points, the number of points awarded

is 0.

4. Points in the criterion "Price" will be calculated according to the formula:

the lowest tendered gross price

Granted points = -------------------------------------------------- x 40 (criterion weight)

gross price of assessed tender

In the case of submitting an tender in another currency than PLN (e.g. USD, EUR), the

Contracting authority shall convert this currency to PLN according to the average current

exchange rate calculated and announced by the Polish National Bank

(http://www.nbp.pl/home.aspx?f=/statystyka/kursy.html) on the date of opening of

tenders. The price presented in the tender of the Contractor shall be converted to the

currency in PLN (accurate to two decimal points, in accordance with mathematical

rounding rules), and this value will be taken into account for the calculation of points in

the tender assessment criteria.

5. Final assessment:

1) The Contracting authority shall round the results of calculations to two decimal

points (if the third decimal point is equal to or greater than 5, the number of awarded

points shall be rounded up, if the third decimal point is less than 5, the number of

awarded points shall be rounded down);

2) points awarded for each assessment criterion will be added together and constitute

the final assessment for individual tenders;

3) the best tender shall be one that achieves the highest number of points;

4) if it is impossible to choose the best tender, because two or more tenders present the

same balance of price and other assessment criteria of tenders, the Contracting

authority shall select the tender with the lowest price from among them; Contractors

who submit additional tenders cannot tender higher prices than those tendered in the

submitted tenders.

6. Tenders not subject to rejection shall be assessed and compared.

Chapter 16.

Information on formalities, which should be met after selection of a tender

in order to conclude a contract regarding a public procurement

1. Immediately after selection of the best tender, the Contracting authority shall inform the

Contractors, who submitted tenders about:

1) the selection of the best tender, stating the name (company), or name and surname,

seat or place of residence and address of the Contractor, whose tender had been

chosen, justification of its selection as well as names (companies) or names and

http://www.nbp.pl/home.aspx?f=/statystyka/kursy.html





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surnames, seats or places of residence and addresses of Contractors, who had

submitted tenders, as well as scoring given to the tenders in each of the criteria of

evaluation of tenders and total score;

2) the Contractors, whose tenders had been rejected, stating the legal and factual

justification;

3) the Contractors, who had been excluded from the contract award procedure, stating

the factual and legal justification;

4) the time limit after the expiration of which an agreement can be concluded on the

public procurement.

2. Prior to concluding the agreement, in the case of choosing a tender submitted by

Contractors jointly competing for a contract, the Contracting authority may require an

agreement governing the cooperation of these Contractors;

3. Should the Contractor, whose tender had been chosen, refuses conclusion of the contract

regarding a public procurement, the Contracting authority may select the best tender from

among the remaining tenders, without conducting their re-evaluation, unless premises for

cancelling the procedure referred to in art. 93 sec. 1 of PPA take place.

Chapter 17.

Security on

due performance of the contract

The Contracting authority does not request payment by the Contractor of a security on due

performance of the contract.

Chapter 18.

Provisions important to the parties, which are introduced to the content of the concluded

agreement regarding the public procurement

Important provisions of the agreement have been included in Appendix no. 2 to the


Chapter 19.

Provisions relating to the transparency of the procedure protocol for the contract award

procedure

1. The protocol and appendices is open, appendices to the protocol are provided after

choosing the best tender or cancelling the procedure, while tenders are provided from the

moment of their opening.

2. Disclosing the contents of the protocol and appendices will take place according to the

following rules:

1) releasing – upon submitting application (in writing or by fax or electronically) -

information about the desired scope and form of releasing documents should be

given;





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2) The Contracting authority shall determine, taking into account reservations on

enterprise secret submitted in the tender, the scope of information which may be

released;

3) The Contracting authority shall set a time limit for releasing documents, including

the activities referred to in sec. 2.

3. On the release of the protocol or appendices, the regulation of the Prime Minister of 26

October 2010 on the procedure protocol for the contract award procedure shall apply (OJ

no. 223 item 1458).

Chapter 20.

Additional information

1. The Contracting authority does not envisage:

1) an electronic auction;

2) conclusion of a framework agreement;

3) awarding of supplementary contracts referred to in art. 67 sec.1 item 6 of PPA;

4) the reimbursement of costs of participation in the procedure, with reservation to art.

93 sec. 4 of PPA.

Chapter 21.

Instruction on the means of legal protection, to which the Contractor is entitled in the

course of the contract award procedure

1. The Contractors, as well as other entities, if they have or had an interest in obtaining the

given public contract and who suffered or may suffer damage as the result of the

Contracting authority's violation of the provisions of PPA, are entitled to legal protection

means (Department 6 – Legal protection means).

2. Legal protection means regarding the announcement of an tender and the specification of

essential terms of the contract shall also be attributable to organizations entered into the

list referred to in art. 154 item 5 of PPA.

3. An appeal shall apply only from an activity of the Contracting authority, which is not in

line with the provisions of PPA, undertaken during the contract award procedure or

failure to act, to which the Contracting authority is obligated based on PPA.

4. An appeal should indicate the activity or failure to act of the Contracting authority, which

is accused of being inconsistent with the provisions of PPA, should contain a brief

presentation of accusations, specify a demand and indicate the factual and legal

circumstances justifying the submission of an appeal.

5. An appeal shall be submitted to the Chairman of the National Appeal Chamber in written

form or in electronic form equipped with a secure electric signature verifiable with the

use of a valid qualified certificate.

6. The Appellant sends a copy of the appeal to the Contracting authority before expiration of

the time limit for submitting an appeal in such a manner, that the Contracting authority is

able to read its content before expiration of said time limit.

http://www.uzp.gov.pl/zagadnienia-merytoryczne/prawo-polskie/akty-wykonawcze/resolveuid/4453f0e42ccf30b559191be1d4205ee9







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7. Time limits:

1) an appeal shall be submitted within 10 days of the date of sending of information on

an activity of the Contracting authority constituting the basis for its submission - if it

is sent in a manner specified in art. 27 sec.2 of PPA (fax, e-mail), or within 15 days

– If it was sent in another manner.

2) appeal against the content of the announcement of a tender, as well as against the

provisions of the specification of essential terms of the contract – within 10 days

from the date of publication of the announcement in the Official Journal of the

European Union or posting in the specification of essential terms of the contract on

the website;

3) appeal against activities other than those specified in items 1 and 2 shall be

submitted within 10 days from the date, on which one has acquired information, or

while maintaining due diligence one could have acquired information about

circumstances constituting the basis for its submission.

8. If the Contracting authority failed to send to the Contractor a notification about selection

of the best tender, an appeal shall be submitted no later than within:

1. 30 days from the date of publication of the contract award notice in the EU Official

Journal;

2. 6 days from the date of conclusion of an agreement, if the Contracting authority

failed to publish the contract award notice in the EU Official Journal.

9. The appeal procedure applies the provisions of the Act of 17 November 1964 - code of

civil procedure of arbitration court, unless PPA provides otherwise.

10. The parties and participants of the appeal procedure shall be entitled to a complaint to the

court against the decision of the National Appeal Chamber.

11. A complaint shall be submitted with mediation of the Chairman of the National Appeal

Chamber within 7 days from the date of delivery of the decision, at the same time sending

its copy to the opponent of the complaint.

12. One shall not be entitled to a revocation complaint from the verdict of the court or a

decision ending the procedures in the case. This provision does not apply to the Chairman

of the Public Procurement Office.

Chapter 22.

Appendices to the specification of essential terms of the contract

Detailed description of the subject-matter:

APPENDIX no. 1. Detailed description of the subject-matter of the contract

APPENDIX no. 2. Important provisions of the agreement for parts 1-5

APPENDIX no. 3 Tender form for the Contractor competing for a contract individually

APPENDIX no. 3W Tender Form for Contractors jointly competing for a contract

APPENDIX no 4 Declaration of Contractor on meeting the conditions of participation in the

procedure (form)





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APPENDIX no. 5 Declaration of Contractor on the lack of grounds for exclusion from the

contract award procedure (form)

APPENDIX no. 6 Information on not belonging to a capital group (form)

APPENDIX no. 7 Information on belonging to a capital group (form)

APPENDIX no. 8 Information on positions taken in current (global) rankings of universities





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Appendix no. 1 to TOR

DETAILED DESCRIPTION OF THE SUBJECT-MATTER OF

THE CONTRACT

for parts 1, 2, 3, 4, 5

1. Substantial description of the internship-training programme

1.1. The subject-matter of the contract are services related to preparing and conducting

internship-training programmes at the best universities/scientific centres in the

world in the scope of research management and commercialization of research

results.

The tender is awarded in five parts. The Contractor may submit a tender for any

chosen number of parts.

1.2. The maximum number of participants in the Programme for all parts of the

tender is 180 people. One part of the tender provides for a maximum of 35

participants in the case of Parts 1, 2, 3, 4, in the case of Part 5 - 40 participants.

1.3. The internship-training programme will be attended by scientists or researchers of

Polish science entities, who have a professional title of at least a master's and carry

out research in the field of sciences, natural sciences, technology, agriculture,

forestry, veterinary, medical, health sciences or physical culture education, as well

as employees of technology transfer centres involved in the commercialization of

research results within the framework of the listed scientific areas. Participants of

the Programme are fluent in spoken and written English.

1.4. For each part of the tender, the Programme should emphasize active methods of

teaching and classes developing soft skills in the scope of:

1) scientific research management and scientific/research team management;

2) practical aspects of commercialization of research results;

3) cooperation between science and economy.

As part of the internship-training programme, for each part of the contract, classes

should be conducted in the form of lectures, workshops, discussion panels,

meetings with entrepreneurs or investors and study visits and/or internships in





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enterprises. The Contractor should ensure an organizational supervisor for each

group.

1.5. The Contractor should ensure a minimum of 240 hours of classes within the

framework of the Programme (each part of the contract).

1.6. In the Programme an average of at least two study visits (visits in enterprises,

laboratories/research centres, organizations dealing with technology transfer)

should take place per week. The places of study visits should be selected on the

basis of the scientific interests of the participants and represent different business

models. Participants must be provided the opportunity to talk with employees or

representatives of the enterprise/laboratory/research centre/technology transfer

centre.

1.7. Within the Programme, each participant should have the possibility to carry out

internship, e.g. temporarily joining a research team or project, undergoing an

internship lasting several days at the enterprise/technology transfer centre. Study

visits and internships should jointly take approximately 80-120 hours.

1.8. Participants should have at their complete disposal a few days off from classes,

except weekends, public holidays or other days off work, determined in accordance

with local law applicable to the registered seat of the Contractor.

1.9. As part of the Programme, participants, divided into small groups, should develop

at least one group project, aiming at the use of the knowledge and skills gained

during the Programme. The Contractor should provide a substantial supervisor for

each group. Projects should be used to verify the competences acquired by

participants of the Programme.

1.10. The Contractor shall ensure participants of the Programme the opportunity to get

acquainted with teaching materials for classes and biographies and photographs of

lecturers before they begin classes.

2. Organizational requirements

2.1. The Contractor will be required to issue each participant of the Programme a

written certificate confirming his participation in the Programme, containing

general information about the Programme - including the start and end date of the

Programme - together with an appendix, containing information about the classes,

along with their time, subject scope and main forms in which the classes took place

(lectures, project work and laboratory classes, study visits, internship elements), the





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number of organized study visits, the number of hours of internship and the place

where they were held.

2.2. The Contractor will be required to evaluate the weekly classes held in the given

week and provide the Contracting authority with evaluation questionnaires in

electronic form. Evaluation should be carried out on the basis of evaluation

questionnaires completed by the participants of the Programme for the given week,

and sent to the Contracting authority no later than until Monday 8.00 PM Polish

time in the next week. The questionnaires should be conducted in relation to all

forms of classes in the programme. The Contractor shall develop a specimen

evaluation questionnaire after the conclusion of the agreement and send it to the

Contracting authority for acceptance to the e-mail address indicated in the

agreement. The questionnaire should cover the following matters: conditions of

conducting classes, compliance of the subject-matter with the assumptions of the

Programme, the usefulness of the classes in the context of the entire programme,

the quality of classes, including communication of the educator, as well as the

quality and availability of teaching materials.

2.3. The Contractor shall keep an attendance list of participants at all classes. The

absence of a participant at classes is possible only in justified cases, e.g. poor

health. In the case of an unjustified absence of the participant at classes, the

Contractor shall immediately notify the Contracting authority.

2.4. The Contractor will be required to carry out the Programme in accordance with the

following information, which he shall present in the tender:

a) a detailed schedule of classes including: the time of the programme set within

the time interval indicated by the Contracting authority for the given part of

the contract, place of conducting classes, number of hours intended for

particular forms of classes;

b) a list of lecturers, who are to conduct the classes under the Programme,

including short biographies;

c) a list of centres that participants are to visit during study visits and internship

elements (the list should contain at least 4 positions).

3. Time limit for performance of the contract:





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3.1 time intervals concerning the time limits for the performance of the programmes

for individual parts of the tender:

f) Part 1 of the tender: July 2015 - November 2015;

g) Part 2 of the tender: July 2015 - November 2015;

h) Part 3 of the tender: July 2015 - November 2015;

i) Part 4 of the tender: July 2015 - November 2015;

j) Part 5 of the tender: July 2015 - November 2015.

3.2 the exact date of performance of the Programme for individual parts of the tender,

set in the time interval referred to in item 3.1, shall be defined in the Contractor's

tender, referred to in item 2.4.

3.3 In the case of the performance of individual parts of the subject-matter

(programmes) by one Contractor, classes cannot be conducted for participants of

these parts simultaneously (jointly).

4. Place of conducting the Programme

The place for conducting intramural classes should be a university campus or other

centres outside the university being the Contractor, with a standard that at least ensures

the performance of multimedia classes. The Contractor is obliged to provide the

addresses of these places in the tender.

5. Accommodation

5.1 Accommodation of participants should be the university campus, being the

Contractor or its immediate vicinity (up to 1 km), or other place with the possibility

of using public transport in order to reach the campus within 1.5 hours or by

transport organized by the Contractor (at least once a day there and back). 1- or 2-

person rooms with a bathroom; equipped with air-conditioning, a desk, Internet

access, cable TV and telephone.

5.2 Possibility of using the kitchen and conference rooms or rooms for business

meetings.

6. Board

6.1. Continental breakfast (bread, butter, honey, jam, cheese, cold meats, fresh fruit, hot

meal, hot and cold beverages), served at the place of accommodation or where

classes are conducted from Monday to Sunday.





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6.2. Hot lunch with hot and cold beverages served from Monday to Friday, on days

when classes are held.

6.3. The Contractor may issue participants a card entitling them to use the restaurants

and cafés located on the premises of the campus.

6.4. Ceremonial welcome and farewell dinner (appetizers, 2 hot dishes, dessert, hot and

cold beverages).

7. Visa procedure

7.1. Generating Visa forms for the Programme's participants (if it is required by the

regulations specific to the country where the Programme is to be conducted).

7.2. Other necessary steps required by the regulations specific to the country where the

Programme is to be held.

7.3. Details of persons qualified to participate in the given part of the tender shall be

submitted to the Contractor within the time limits set out in the agreement with the

Contractor.

8. Transport

8.1. The Contractor will be required to provide transport to participants of the

Programme:

8.1.1. from the airport to the place of accommodation and from the place of

accommodation to the airport,

8.1.2. twice a day for accommodation off campus at a distance of more than 1

km and unavailability of public transport.

8.1.3. during study visits and internship elements.

9. Insurance of participants

The Contracting authority shall provide insurance to all participants of the Programme.

10. Terms of payment

The Contracting authority does not provide advance payments to Contractors of the

tender. It will be possible to transfer remuneration in instalments paid within the time

limits consistent with Appendix no. 3 to IPU (Important Provisions of the Agreement).





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IMPORTANT PROVISIONS OF THE AGREEMENT

The contract award procedure is conducted following the procedure of open tendering based on provisions of the

act dated 29.01.2004 Public Procurement Law (OJ of 2013 item 907 as amended)

§ 1.

1. The subject of the agreement is preparing and conducting internship-training programmes

along with accompanying services for a maximum of ........ (in the case of Part 1, 2, 3, 4 -

35 participants, in the case of Part 5 - 40 participants), as part of the project "Top 500

Innovators 2014-2015 Internship-training programmes for scientists in the scope of

research management and commercialization of research results", in accordance with the

Detailed description of the subject-matter for part .........., constituting Appendix no. 1 to

the agreement and the tender of the Contractor of ..................... [date], constituting

Appendix no. 2 to the agreement, hereinafter referred to as the "Programme".

2. Conducting the Programme, together with accompanying services will take place in the

time interval:

Part 1 of the subject matter

July 2015 - November 2015









A detailed period of conducting the Programme has been set out in the Contractor's

tender, constituting Appendix no. 2 to the agreement.

3. The Contractor declares that he has the necessary skills, personnel and qualifications to

perform the subject of the agreement.

4. The Contractor shall perform the subject of the agreement with the utmost care, according

to his best skills and knowledge.





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§ 2.

1. In connection with the performance of the agreement, the Contracting authority

undertakes, in particular, to:

1) promptly provide the Contractor with the final list of participants of the

Programme, but no later than 21 days from the date of concluding this agreement;

2) purchase for Programme participants airline tickets from Poland (Warsaw) -

.............................. [country/city, where the Programme will take place] - Poland

(Warsaw);

3) purchase health insurance and accident insurance policies for Programme

participants for the duration and flight to/from the place of the Programme;

4) pay trip allowances to Programme participants;

5) promptly provide the Contractor with all documents required to start the procedure

relating to applying for a Visa by the participants, but no later than 21 days

following receipt by the Contractor of the final list of Programme participants (if

the Programmes are held in the country where it is necessary for participants to

have a visa);

6) refund Programme participants the cost of the visa fee;

7) agree on an electronic specimen of an evaluation questionnaire prepared by the

Contractor within 3 working days of its receipt.

2. In connection with the performance of the agreement, the Contractor undertakes, in

particular, to:

1) prepare and perform the Programme and organization of any matters related to the

Programme, including in particular: to ensure classes are conducted by lecturers

with the necessary knowledge and experience in the substantial scope of the

Programme, indicated in the tender of the Contractor, organization of study visits

and/or internship elements, verify the attendance of Programme participants by

keeping an attendance list at all classes and immediately notify the Contracting

authority of unjustified absences of a participant;

2) provide transport for Programme participants;

3) provide accommodation for Programme participants;

4) provide substantial and organizational supervision for Programme participants

during the Programme;

5) provide participants with board;





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6) develop an evaluation questionnaire specimen within 7 days from the date of

concluding this agreement and send it to the Contracting authority for acceptance,

to the e-mail address indicated in § 6 sec. 6 item 1 of the agreement;

7) conduct weekly evaluation of classes taking place in the given week and share with

the Contracting authority the evaluation questionnaires in electronic form;

8) issue a written certificate to Programme participants, confirming their participation

in the Programme;

9) immediately provide the Contracting authority with all documents necessary for

participants to apply for a visa, but no later than 21 days from the date of the

Contracting authority transferring documents necessary to begin the procedure

related to participants applying for a visa (if the Programmes are held in a country

where it is necessary for participants to have visas).

3. The detailed scope of the subject of the agreement has been set out in the Detailed

description of the subject-matter and in the Contractor's tender, constituting the

appendices to this agreement.

4. The Contractor declares that he shall use the data of participants provided by the

Contracting authority exclusively for the performance of this agreement.

§ 3.

1. The maximum remuneration for the proper performance of the agreement amounts to

...................... gross (say: ............. gross: ..............................), including per one

participant of the Programme ................................... gross (say: ....................... gross:

……………………………).

2. Payment of remuneration shall take place in 2 instalments, in accordance with the

Payment schedule, constituting Appendix no. 3 to this agreement.

3. Payment of remuneration will take place after the Contracting authority confirms that the

service was performed in accordance with the agreement, based on correctly issued by

the Contractor appropriate accounting evidence to the Contractor's bank account No.

............................................................ ........................... within 30 days from the date of

receipt by the Contracting authority of the accounting documents.

4. Accounting evidence, referred to in sec. 3, should include a specification of two costs, i.e.

the cost of services related to the organization of the Programme (i.e. the cost of

accommodation, board, transport), and the cost of the Programme itself.





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5. The remuneration of the Contractor shall be paid by bank transfer to the Contractor's

bank account indicated in the accounting evidence.

6. The payment date shall be the date of issue of the transfer order by the Contracting

authority from the Contracting authority 's bank account.

7. The remuneration, referred to in sec. 1, includes all costs associated with the performance

of the agreement for a maximum of 35 Programme participants for Parts 1, 2, 3, 4 and

for a maximum of 40 Programme participants for Part 5, including due taxes and other

fees required by law.

8. The Contractor shall be entitled to remuneration for the number of participants indicated

in the final list of Programme participants, referred to in § 2 sec. 1 item 1 of the

agreement, but no less than for 30 Programme participants for Parts 1, 2, 3, 4 and no less

than 34 participants for Part 5.

9. 85% of the remuneration referred to in sec. 1 is co-financed from funds of the European

Social Fund under the Operational Programme Human Capital.

§ 4.

1. For the improper performance of the agreement, the Contracting authority may claim a

contractual penalty in the amount of 0.2% of the total gross remuneration referred to in § 3

sec.1 of the agreement for each case of violation.

In the event that the total amount of contractual penalty exceeds 15% of the total gross

remuneration, referred to in § 3 sec. 1 of the agreement, the Contracting authority may

withdraw from the agreement in whole or in part within 7 days of obtaining knowledge on

the occurrence of this situation, or to terminate the agreement with immediate effect.

In the event of withdrawal or termination of the agreement, referred to in the preceding

sentence, the Contracting authority will be able to demand that the Contractor pay a

contractual penalty in the amount of 20% of the total gross remuneration, referred to in § 3

sec. 1 of the agreement.

2. In the case of the occurrence of circumstances preventing the performance of the

Programme due to the Contractor within the period specified in § 1 sec. 2 of the agreement,

the Contracting authority may withdraw from the agreement in whole or in part within 7

days of obtaining knowledge on the occurrence of this situation, or to terminate the

agreement with immediate effect.

In the event of withdrawal or termination of the agreement referred to in the preceding

sentence, the Contracting authority will be able to demand a contractual penalty in the





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amount of 20% of the total gross remuneration referred to in § 3 sec. 1 of the agreement,

unless the Contracting authority shall set a new time limit for the Contractor for the

performance of services, and the Contractor undertakes to provide services within the time

limit and on conditions specified by this agreement, provided that in such an event the

Contractor shall be required to pay a contractual penalty in the amount of 10% of the total

gross remuneration, referred to in § 3 sec. 1 of the agreement.

3. In the case of the occurrence of circumstances preventing the performance of the

Programme due to the Contracting authority within the period specified in § 1 sec. 2 of the

agreement, the Parties shall set a new date of performance of the agreement and the

Contracting authority shall pay the Contractor documented costs incurred by him in

relation to the performance of this agreement, as at the date of receipt by the Contractor of

information about the inability to perform the agreement with the period referred to in § 1

sec. 2. In the event that it is not possible to perform the agreement in another period than

that indicated in § 1 sec. 2, the provisions of sec. 5 shall apply.

4. The Contracting authority reserves the right to claim damages in excess of the contractual

penalties.

5. In the event of dissolution or withdrawal from the agreement by any of the Parties due to

circumstances for which the Contracting authority is responsible or termination of the

agreement, the Contracting authority shall be required to cover all documented costs

incurred by the Contractor in connection with the performance of this agreement as at the

day - respectively - of the dissolution, withdrawal or termination.

6. The Contracting authority reserves the right to deduct amounts of contractual penalties

from the Contractor's remuneration.

§ 5.

1. It is not allowed to make significant changes in the provisions of the agreement as

compared to the content of the tender, based on which the Contractor was selected, with

reservation to sec. 2-4.

2. Any changes and additions to the provisions of the agreement, declaration of withdrawal,

dissolution and termination of the agreement must be done in writing to be valid, provided

that they do not constitute changes to the content of the agreement:

1) change of persons and data, referred to in § 6 sec. 6 of the agreement, which takes

place by notifying the other Party - via e-mail or fax to the address indicated in § 6

sec. 6 of the agreement;





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2) change of data, which may affect the issuance and circulation of accounting

documents, their booking and settlement, such as the name of the Contractor,

address and bank account number of the Contractor, which occurs by notifying the

other Party in writing;

3) entrusting teaching to a lecturer, who was not indicated on the list of lecturers

specified in the Contractor's tender, as the need to make this change is due to

random reasons, independent and involuntary to the Contractor or the change will

clearly increase the participant's experience he will gain under the Program. In this

case, the Contractor shall immediately notify the Contracting authority, in order to

obtain his consent - in electronic form to the address provided in § 6, sec. 6 item 1

of the agreement - on the occurrence of such circumstances, indicating the person to

whom conducting classes is to be entrusted, along with information on his/her

experience and qualifications. The new person proposed by the Contractor must

have experience and qualifications that are not lower than the person indicated on

the list of lecturers;

4) a change in the schedule of classes in relation to that presented in the Contractor's

tender, as the need to make this change is due to random reasons, independent and

involuntary to the Contractor or the change will clearly increase the participant's

experience he will gain under the Program. immediately notify the Contracting

authority, in order to obtain his consent - in electronic form to the address provided

in § 6, sec. 6 item 1 of the agreement - on the occurrence of such circumstances,

indicating the subject and form of modified classes and their dates. The new classes

proposed by the Contractor must cover the topics required by this agreement, and

this change cannot lead to a change in the number of hours provided for the given

type of classes in the Contractor's tender, including those concerning study visits

and/or internship elements;

5) change of venue of classes, in particular the places for conducting study visits

and/or internship elements or change of accommodation of participants in relation

to that presented in the Contractor's tender, as the need for such a change is due to

random reasons, independent and involuntary to the Contractor or the change will

clearly increase the participant's experience he will gain under the Program. In this

case, the Contractor shall immediately notify the Contracting authority, in order to

obtain his consent - in electronic form to the address provided in § 6, sec. 6 item 1





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of the agreement - on the occurrence of such circumstances, indicating the new

venue for conducting classes or accommodation, and the dates from when these

changes - in the Contractor's assessment - should be implemented. The new venues

of conducting classes or accommodation proposed by the Contractor must be

characterized by a standard no lower than that indicated in the Contractor's tender

and this change cannot lead to a change in the number of hours provided for a given

type of class in the Contractor's tender, including those concerning study visits

and/or internship elements;

6) changing time limits for particular commitments by the Parties, indicated in the

agreement, including in § 2 sec. 1 item 1, with reservation to sec. 3, in justified

cases arising due to objective reasons and not attributable to the Parties. The Parties

undertake to immediately inform each other electronically to the addresses provided

in § 6 sec. 6 of the agreement of the occurrence of the event referred to in the

preceding sentence.

In the event that the Party informed finds that the circumstances stated in the first

sentence of this item are justified, the Parties shall be bound by a new date, from

the date of acceptance of the new date by the Party informed.

3. The Contracting authority provides for the possibility to make significant changes to the

provisions of the agreement in the scope of:

1) changing the date referred to in § 1 sec. 2 of the agreement, with reservation to § 4

sec. 2 and 3, in justified cases arising from objective reasons and not attributable to

the Parties. The Parties undertake to immediately inform each other electronically

to the addresses provided in § 6 sec. 6 of the agreement of the occurrence of the

event referred to in the preceding sentence.

In the case of finding that the circumstances stated in the first sentence are justified,

the Parties shall make the relevant changes in the agreement in writing (appendix);

2) changes in the Payment schedule referred to in § 3 sec. 2 of the agreement, in

justified cases, arising from objective reasons and not attributable to the Parties.

The Parties undertake to immediately inform each other electronically to the

addresses provided in § 6 sec. 6 of the agreement of the occurrence of the cause

referred to in the preceding sentence.

In the case of finding that the circumstances stated in the first sentence are justified,

the Parties shall make the relevant changes in the agreement in writing (appendix).





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4. Settlement of contractual obligations by the Parties as indicated in sec. 2, and changes in

the agreement made in cases referred to in sec. 3, may not lead to increasing the

remuneration referred to in § 3 sec. 1 of the agreement.

§ 6.

1. The agreement has been drawn up in four copies: two identical copies in Polish and two

identical copies in English, including one copy in Polish and one copy in English for the

Contractor. In case of discrepancies between the English version of the Polish version,

the Polish version shall prevail.

2. The law governing this agreement shall be the Polish law.

3. Any disputes arising or that may arise under this agreement shall be settled by the Parties

by negotiation. If the Parties fail to settle a dispute through negotiations, disputes shall be

settled by a Polish court competent for the seat of the Contracting authority.

4. The Contractor agrees to the Contracting authority's use of the Contractor's name

exclusively to perform the obligations related to promoting and informing about the

project, referred to in § 1 sec. 1 of this agreement, within the framework of the

Operational Programme Human Capital, according to the guidelines of the European

Social Fund relating to promotion and information.

5. The Contractor undertakes to place on all information and promotional materials (both

written and electronic/multimedia), containing information about the Programme,

information on co-financing the project from EU funds and logos: European Union flag -

European Social Fund, Operational Programme Human Capital and the logo of the

Programme "Top 500 Innovators". The Contractor is responsible for the performance of

the above obligations by entities/persons, who it will use in the course of performing this

agreement, including the persons conducting classes. The Contracting authority

undertakes to provide the Contractor with markings referred to in the first sentence in

electronic version, within 7 days from the date of concluding this agreement.

6. For current contacts in connection with the performance of the agreement, the Parties

shall designate:

1) the Contracting authority - Mr/Ms .........., ph. ………. fax………. e-mail: ……….

2) the Contractor - Mr/Ms .........., ph. ………. fax………. e-mail: ……….

7. Appendices to the agreement:

1) Appendix no. 1 - Detailed description of the subject-matter,

2) Appendix no. 2 – Contractor's tender of ......................[date],





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3) Appendix no. 3 – Payment schedule.





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Appendix no. 3 to agreement No. ………………….

Payment schedule

1 2 3

No.

Period of providing the Contracting authority

with accounting evidence, confirming the

expenses incurred by the Contractor in

accordance with the agreement

Estimated value of the performance of the given

part of the agreement (in percentages)

1.

No earlier than the first day after the

arrival of participants at the place of

the Programme.

Maximum of 60% of the remuneration

2.

No sooner than after the completion of

the Programme, on the day of

departure of the participants.

Maximum of 40% of the remuneration





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Appendix no. 3 to TOR TENDER FORM

Intended for the Contractor, who is competing for a contract individually

NOTE - The Contractor cannot change the contents of the form alone (all data required by the Contracting

authority must be included). The Contracting authority enables the introduction of additional information as an

additional document.


Wspólna 1/3 St.

00-529 Warsaw

TENDER

In replying to the announcement on the tender - Preparing and conducting internship-training

programmes at the best universities/scientific centres in the world in the scope of research

management and commercialization of results, Procedure symbol: BDG.WZP.311.3.2015.9

.MW)

1. name of the Contractor ……………………………………………………………………..

2. Contractor's seat/address of conducting

business ……………………………………………………………………..

3.

address to which the Contracting authority

should send correspondence relating to this

procedure (if the address is different from

that in item 2)

……………………………………………………………………..

4.

person(s) authorized to represent the

Contractor

……………………………………………………………………..

name and surname

……………………………………………………………………..

name and surname

basis of representation of the Contractor

(Contractor's internal legal document, power

of attorney, etc.).

……………………………………………………………………..

5.

contact details of the person indicated to

contact the Contracting authority

name and surname

e-mail:

phone:

fax:

……………………………………………………………………..

……………………………………………………………………..

……………………………………………………………………..

……………………………………………………………………..





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I am/we are submitting an tender for the performance of the subject-matter pursuant to the conditions specified in

the specification of essential terms of the contract.

Part 1 of the subject-matter

No. Part 1 Gross value*

(currency symbol)

1. Total cost of the internship-training programme

2. Total cost for services in connection to the organization of the internship-

training programme

GROSS TENDER PRICE*

(for 35 participants of the internship-training programme)

(No.1+No.2)

say: ………………………………………………………………………………………….………..

including the cost ((item 1 + item 2)/35) per one participant

*Gross tender price is the final price specifying the maximum remuneration for the performance of the subject-

matter of the contract - including all expenses (taking into account any discounts and rebates), which the

Contracting authority shall incur for the Contractor's performance of this contract.


No. Part 2

Gross value*

(currency

symbol)



training programme

GROSS TENDER PRICE*


(No.1+No.2)

say: ………………………………………………………………………………………….………..







(currency symbol)



training programme

GROSS TENDER PRICE*


(No.1+No.2)

say: ………………………………………………………………………………………….………..









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(currency symbol)



training programme

GROSS TENDER PRICE*


(No.1+No.2)

say: ………………………………………………………………………………………….………..







(currency symbol)



training programme

GROSS TENDER PRICE*


(No.1+No.2)

say: ………………………………………………………………………………………….………..





1).………………………………………………..

............................... 2)......................................................... (place, date of submission) ( signature(s)

of persons authorized to represent the Contractor)





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APPENDICES TO THE TENDER

Appendix

No.

Name of document Page no.

of the

tender


1.1 an exact completion date of the Programme within the period specified

by the Contracting authority for the given part of the contract,

1 . 2 the place of realization of courses,

1 . 3 the number of hours planned for specific forms of courses,

1 . 4 the method and date of providing teaching materials concerning the

courses

…………….

2. A list of lecturers who are to conduct classes under the programme,

containing brief biographies and photographs of lecturers

…………….

3. A list of centres, which the participants are to visit during the study visits

and internship elements (the list should contain at least 4 positions)

…………….

4. Information on accommodation of participants containing basic information

on:


4.2 the location,


…………….

5. Power of attorney for representing the Contractor (if applicable)


…………….

6. The Contractor's declaration on meeting the conditions of participation in the

procedure – appendix no. 4 to the specification of essential terms of the

contract.

7. Declaration on the lack of grounds for exclusion from the contract award

procedure – appendix no. 5 to the specification of essential terms of the

contract.

…………….

8. Information on not belonging to a capital group – appendix no. 6 to the

specification of essential terms of the contract

or

Information on belonging to a capital group – appendix no. 7 to the

specification of essential terms of the contract

9. Information on positions taken in current (global) rankings of universities –

appendix no. 8 to the specification of essential terms of the contract

..............................., date ......................... ............................................................... signature/signatures of persons authorized to represent the Contractor





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Appendix no. 3W to the specification of

essential terms of the contract

TENDER FORM

For Contractors jointly competing for a contract 1

NOTE - The Contractor cannot change the contents of the form alone (all data required by the Contracting

authority must be included). The Contracting authority enables the introduction of additional information as an

additional document.


Wspólna 1/3 St.

00-529 Warsaw

TENDER

In replying to the announcement on the tender - Preparing and conducting internship-training

programmes at the best universities/scientific centres in the world in the scope of research

management and commercialization of results, Procedure symbol: BDG.WZP.311.3.2015.9

..MW)

1.

name of the Contractor (1) …………………………………………………………

…

Contractor's seat/address of conducting business …………………………………………………………

…

person(s) authorized to represent the Contractor

…………………………………………………………

…

name and surname

…………………………………………………………

…

name and surname


(Contractor's internal legal document, power of

attorney, etc.).

…………………………………………………………

…

name of the Contractor (2) …………………………………………………………

…

Contractor's seat/address of conducting business …………………………………………………………

…

person(s) authorized to represent the Contractor

…………………………………………………………

…

name and surname

…………………………………………………………

…

name and surname


(Contractor's internal legal document, power of

attorney, etc.).

…………………………………………………………

…

1 Contractors may jointly compete for a contract. In the case of Contractors jointly competing for a contract, the Contractors

appoint a proxy to represent them in the contract award procedure or to represent them in the procedure and conclusion of the

agreement on public procurement.





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name of the Contractor (..)

…………………………………………………………

…

…………………………………………….………

…

…………………………………………………………

…

2. Power of attorney of Contractors jointly

competing for a contract

…………………………………………………………

…

name(company )1- or name and surname

2

3.

the person authorized to represent the proxy who

is a legal person of Contractors jointly competing

for a contract (do not complete item 3 if item 2 is

completed)

…………………………………………………………

…

name and surname

4. address to which the Contracting authority should

send correspondence relating to this procedure

…………………………………………………………

…

5.

contact details of the person indicated to contact

the Contracting authority

name and surname

e-mail:

phone:

fax:

I am/we are submitting an tender for the performance of the subject-matter of the contract pursuant to the

conditions specified in the specification of essential terms of the contract.


No. Part I Gross value*

(currency symbol)



training programme

GROSS TENDER PRICE*


(No.1+No.2)

say: ………………………………………………………………………………………….………..





1 In the case of the proxy being a legal person

2 In the case of the proxy being a natural person





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No. Part II

Gross value*

(currency

symbol)



training programme

GROSS TENDER PRICE*


(No.1+No.2)

say: ………………………………………………………………………………………….………..






No. Part III Gross value*

(currency symbol)



training programme

GROSS TENDER PRICE*


(No.1+No.2)

say: ………………………………………………………………………………………….………..







(currency symbol)



training programme

GROSS TENDER PRICE*


(No.1+No.2)

say: ………………………………………………………………………………………….………..









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(currency symbol)



training programme

GROSS TENDER PRICE*


(No.1+No.2)

say: ………………………………………………………………………………………….………..





1).………………………………………………..

............................... 2)......................................................... (place, date of submission) ( signature(s)






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APPENDICES TO THE TENDER

Appendix

No.

Name of document Page

no. of

the

tender


1 . 1 an exact completion date of the Programme within the period specified by the Contracting authority for the

given part of the contract,

1.2 the place of realization of courses,

1.3 the number of hours planned for specific forms of courses,

1 . 4 the method and date of providing teaching materials concerning the courses

…………….

2. A list of lecturers who are to conduct classes under the programme, containing brief biographies and

photographs of lecturers …………….

3. A list of centres, which the participants are to visit during the study visits and internship elements (the list should

contain at least 4 positions) …………….

4. Information on accommodation of participants containing basic information on:


4.2 the location,


…………….

5. Power of attorney to represent the Contractor (if applicable)


…………….

6. Power of attorney for the Proxy of Contractors jointly competing for a contract

and/or power of attorney for the person acting on behalf of the Proxy (the document must be submitted in

original or notarized copy)

7. The Contractor's declaration on meeting the conditions of participation in the procedure / procedure – appendix

no. 4 to the specification of essential terms of the contract.

8. Declaration on the lack of grounds for exclusion from the contract award procedure – appendix no. 5 to the


…………….

9. Information on not belonging to a capital group – appendix no. 6 to the specification of


or

Information on belonging to a capital group – appendix no. 7 to the specification of


10. Information on positions taken in current (global) rankings of universities – appendix no. 8

to the specification of essential terms of the contract

..............................., date ......................... ............................................................... (signature/signatures of persons authorized

to represent the Contractor)





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Wspólna 1/3 St.

00-529 Warsaw

DECLARATION1

on meeting the conditions of participation in the procedures

Preparing and conducting internship-training programmes at the best universities/scientific centres in the

world in the scope of research management and commercialization of research results

Procedure symbol: BDG.WZP.311.3.2015. 9..MW

………………………………………………………………………………………………… Name(s) and surname(s) of person(s) authorized to represent the Contractor

……………………………………………………………………………………………….....

on behalf of:

………………………………………………………………………………………

name of (company)seat /address of conducting business

I declare that the Contractor meets the conditions of participation in the contract award procedure, referred to in

art. 22 sec. 1 of the act of 29 January 2004 Public Procurement Act (OJ of Laws of 2013 item 907 as amended),

concerning:

1) possessing the rights to execute specific operations or activities, if legal regulations enforce the obligation

to possess them,

2) possessing knowledge and experience;

3) possessing appropriate technical potential and human resources capable of performing the tender

4) economic and financial situation

……………………………………… 1)……...……………………………………. (place, date of submission) 2) ………………………………………….. (signature/signatures


1 Declaration shall be submitted by each Contractor jointly competing for a contract. In the case of Contractors jointly

competing for a contract, all Contractors or the Proxy on their behalf shall sign the declaration.





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Wspólna 1/3 St.

00-529 Warsaw

Concerns: competing for a contract Preparing and conducting internship-training programmes at the

best universities/scientific centres in the world in the scope of research management and commercialization

of research results

Procedure symbol: BDG.WZP.311.3.2015.9.MW

DECLARATION1)

on demonstrating a lack of grounds for exclusion from the contract award procedure

………………………………………………………………………………………………… name and surname of person(s) authorized to represent the Contractor

………………………………………………………………………………………………….

on behalf of

………………………………………………………………………………………………….

name of (company) seat /address of conducting business

I declare that as at the date of submitting tenders there are no grounds for exclusion from the procedure based on

art. 24 sec. 1 of the act of 29 January 2004 Public Procurement Act (OJ of Laws of 2013 item 907 as amended).

……………………………………… 1) ……………………………………. (place, date of submission)

2)………………………………....... (signature/signatures


1)

Declaration shall be submitted by each Contractor competing individually for a contract. In the case of Contractors jointly

competing for a contract, each of the Contractors submits the declaration separately.

Pursuant to art. 24 of the act of 29 January 2004 - Public Procurement Act (OJ of 2013 item 907 as

amended) the following shall be excluded from the contract award procedure:

1. Contractors for whom liquidation was initiated or who have been declared bankrupt, except for Contractors

who, following announcement of their bankruptcy, entered into an arrangement approved under a valid court

order, provided such an arrangement does not provide for satisfaction of creditors by liquidations of the

bankrupt's assets;





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2. Contractors, who are in arrears with payment of taxes, fees or social and health insurance premiums, with the

exception of cases, when they had acquired a legal exemption, deferment or division into instalments of

overdue payments or suspension, in whole, of execution of the decision of the relevant body;

3. natural persons who have been effectively sentenced for an offense committed in connection with a public

procurement procedure, an offense against the rights of persons performing paid work, an offense against the

environment, an offense consisting in bribery, an offense against economic turnover or another offense

committed for financial gain, as well as a fiscal offense or offense consisting in participation in an organized

group or association aiming to commit an offense or a fiscal offense;

4. general partnerships whose partner has been effectively sentenced for an offense committed in connection

with a public procurement procedure, an offense against the rights of persons performing paid work, an

offense against the environment, an offense consisting in bribery, an offense against economic turnover or

another offense committed for financial gain, as well as a fiscal offense or offense consisting in participation

in an organized group or association aiming to commit an offense or a fiscal offense;

5. partnerships, whose partner or board member has been effectively sentenced for an offense committed in

connection with a public procurement procedure, an offense against the rights of persons performing paid

work, an offense against the environment, an offense consisting in bribery, an offense against economic

turnover or another offense committed for financial gain, as well as a fiscal offense or offense consisting in

participation in an organized group or association aiming to commit an offense or a fiscal offense;

6. limited partnerships and limited-joint-stock partnerships whose general partner has been effectively

sentenced for an offense committed in connection with a public procurement procedure, an offense against

the rights of persons performing paid work, an offense against the environment, an offense consisting in

bribery, an offense against economic turnover or another offense committed for financial gain, as well as a

fiscal offense or offense consisting in participation in an organized group or association aiming to commit an

offense or a fiscal offense;

7. legal persons whose active member of the management body has been effectively sentenced for an offense

committed in connection with a public procurement procedure, an offense against the rights of persons

performing paid work, an offense against the environment, an offense consisting in bribery, an offense

against economic turnover or another offense committed for financial gain, as well as a fiscal offense or

offense consisting in participation in an organized group or association aiming to commit an offense or a

fiscal offense;

8. collective entities with respect to which a court of law ruled the ban to apply for contracts, on the basis of

provisions on liability of collective entities for acts prohibited under penalty;

9. Contractors being natural persons who were validly sentenced for an offense referred to in Article 9 or Article

10 of the Act of June 15, 2012 on the consequences of delegating work to foreigners residing unlawfully in

the territory of the Republic of Poland (OJ item 769) – for a period of 1 year from the date of the sentence

becoming final;

10. Contractors being a general partnership, professional partnership, limited partnership, limited joint-stock

partnership or natural person whose partner, board member, general partner or active member of the

management body respectively have been validly sentenced for an offense referred to in Article 9 or Article

10 of the Act of June 15, 2010 on the consequences of delegating work to foreigners residing unlawfully in

the territory of the Republic of Poland – for a period of 1 year from the date of the sentence becoming final.





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Contractor(s) shall submit correspondingly only Appendix 6 or only Appendix 7 to the specification of essential

terms of the contract


Wspólna 1/3 St.

00-529 Warsaw

Concerns: contract award procedure Preparing and conducting internship-training programmes at the


of results


INFORMATION ON NOT BELONGING TO ANY CAPITAL GROUP 1


on behalf of

…………………………………………………………………………………………………


I inform you that the aforementioned Contractor does not belong to any capital group

within the meaning of the act of 16 February 2007 on competition and consumer protection

(OJ of 2015 item 184).2




1 A capital group shall be understood as all entrepreneurs, who are controlled in a direct or indirect manner by a single

entrepreneur. 2 In the case of Contractors jointly competing for a contract The information is submitted by each of the

Contractors separately.





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Contractor(s) shall submit correspondingly only Appendix 6 or only Appendix 7 to the specification of essential

terms of the contract


Wspólna 1/3 St.

00-529 Warsaw

Concerns: contract award procedure Preparing and conducting internship-training programmes at the


of results

Procedure symbol: BDG.WZP.311.3.2015.9.MW

INGORMATION ON BELONGING TO A CAPITAL GROUP

1


on behalf of

…………………………………………………………………………………………………


I inform you that the aforementioned Contractor belongs to a capital group within the

meaning of the act of 16 February 2007 on competition and consumer protection (OJ of 2015

item 184), which consists of the following entities2:

No. Names of entities belonging to the capital group

1

2

………. ………………………………………………………………………………..




1 A capital group shall be understood as all entrepreneurs, who are controlled in a direct or indirect manner by a single

entrepreneur. 2 In the case of belonging to a capital group, all entities belonging to the same capital group must be listed. In the case of

Contractors jointly competing for a contract, information/list of entities belonging to the same capital group is submitted

separately by each of the Contractors.





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Appendix no. 8 to the the specification of

essential terms of the contract

Information on positions taken in current (global) rankings of universities.

No.

Name of ranking indicated by the Contracting authority1

Position

in the ranking

indicated by the

Contracting authority

No.

Name of ranking proposed by the Contractor along with the

website address2

Position

in the ranking

indicated by the

Contractor




1 Ranking in accordance with the requirements of the Contracting authority – Chapter XV of the specification of essential

terms of the contract 2 One additional current ranking of worldwide universities proposed by the Contractors – meeting the requirements indicated

in Chapter XV of the specification of essential terms of the contract

SPECIFICATION OF ESSENTIAL TERMS OF THE CONTRACT › g2 › oryginal › 2015_04 › be7cf5b61... · Appendix no. 1 to the specification of essential terms of the contract. The remaining

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