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    Tender for purchasing of electrical energy for the period 01 January 2008 31 March 2008

    Nr.Rref. 463.01/OSSH 09-08/ Energy

    STANDARD TENDER DOCUMENTS

    FOR

    GOODS SUPPLY CONTRACTS

    Open Procedure with value above the high valuethresholds

    With Subject:

    Purchasing of electrical energy for the period 01 January2008 31 March 2008.

    No.Rref. 463.01/OSSH 09-08/ Energy

    November 2008

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    TABLE OF CONTENT

    1. CONTRACT NOTICE ........................................................................................... 3

    2. GENERAL INFORMATION ABOUT THE PROCEDURE................................... 9

    3. INSTRUCTIONS FOR TENDERERS...................................................................... 10

    4. QUALIFICATION .................................................................................................. 14

    5. EVALUATION OF OFFERS ............................................................................ 17

    6. INFORMATION ON ADMINISTRATIVE COMPLAINTS AVAILABLE

    TO THE ECONOMIC OPERATORS ................................................................ 217. SIGNING OF CONTRACT........................................................................................ 21

    8. INFORMATION ABOUT TENDER DOCUMENTATION...................................... 23

    9. ANNEXES................................................................................................................... 24

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    CONTRACT NOTICE

    Section I Contracting Authority

    I.1 Name and address of the contracting authority

    Name Distribution System Operator

    Address Blloku Vasil Shanto Tirane, Albania (KESHs building)

    Tel/Fax Tel +355 4 239368/ Fax + 355 42 241 984

    E-mail [email protected]

    Internet address

    I.2 Name and address of responsible person:

    Name Sahit DOLLAPI

    Address Blloku Vasil Shanto Tirane, Albania (KESHs building)

    Tel/Fax Tel +355 4 239368/ Fax + 355 42 241 984

    E-mail [email protected]

    I.3 Type of the contracting authority and main activity or activities:

    Central institution Independent institution

    Regional/local Entity Others

    X

    100 % State Owned Company

    Section II Object of the contract

    II.1 Type of contract

    Works Services Supplies

    X

    Type of Public works contracts

    Execution Design and execution

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    Type of Public service contracts

    Design contest Consultancy services Other services

    Type of Public supplies contracts

    Purchase Rent Lease Hire purchase A combination of these

    X

    II.2 Short description of the contract1. Limit Fund 50.709.517,26 (Fifty milion seven hundred nine thousand and five

    hundred seventeen point twenty six ) EUR, including customs duty, and the vaules

    of all fiscal obligations, except value of VAT (Value Added Tax), converted in

    albanian currency(Lek)6.250.455.097,46 leke (six milliard two hundred fifty million andfour hundred fifty five thousand and ninety seven point forty six lek).

    Note:

    The limit fund and all the other values are expresed not only in Eur but also in albanian currency

    (lek) as a requirement of Albanian Public Procurement Agency which is only for statistic data.

    All the offers and the bid security ( also for the albanian companies) should be subbmitedin EUR.

    2. Purchasing of electrical energy for the period 01 January 2008 31 March

    2008 with total quantity of 573.120MWh.

    II.3 Duration of the contract or time-limit for completion:

    Duration: 90 days from the date of the contract signing or beginning from 01.01.2009 till

    31.03.2008.

    II.4 Location of the object of the contract:

    The electrical energy will be delivered in the Albanian border through one of the interconnection

    lines:

    OHL 400 kV Kardia (Greece) Zemblak (Albania)

    OHL 220 kV Prizren (Kosovo, UNMIK) Fierza (Albania)

    OHL 220 kV Podgorica (Montenegro) V.Dejes (Albania)

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    II.5 Division into LOTS:

    Yes X No

    II.6 Short description of the lots:

    Lot: I Purchasing of electrical energy for the period 01.01.2009-31.01.2009, in the quantity of

    212.040 MWh and limit value of 19.069.477,32 Euro (nineteen milion sixty

    nine thousand and four hundred seventy seven point thirty two) EUR

    converted in albanian currency (Lek) 2.350.503.774,46 (two milliard three hundredfifty milion five hundred thousand and seven hundred seventy four point forty six lek).

    Lot: II Purchasing of electrical energy for the period 01.02.2009-28.02.2009, in the quantity of

    171.360 MWh and limit value of 15.618.983,58 (fifteen million six hundredeighteen thousand and nine hundred eighty three point fifty eight) EUR

    converted in albanian currency (Lek) 1.925.195.916.07 (one milliard nine hundredtwenty five milion one hundred ninety five thousand and nine hundred sixteen point zero

    seven)leke.

    Lot: III Purchasing of electrical energy for the period 01.03.2009-31.03.2009, in the

    quantity of 189.720 MWh and limit value of 16.021.056,36 (sixteen million

    twenty one thousand and fifty six point thirty six ) EURconverted in albanian

    currency (Lek) 1.974.755.406,93 leke (one milliard nine hundred twenty five milion onehundred ninety five thousand and nine hundred sixteen point seven)leke.

    Note:

    The limit fund and all the other values are expresed not only in Eur but also in albanian currency

    (lek) as a requirement of Albanian Public Procurement Agency which is only for statistic data.

    All the offers and the bid security ( also for the albanian companies) should be subbmited

    in EUR.

    II.7 Options:

    Number of possible renewals (if any): (Not applicable)

    or: between and

    II.8 Variants will be accepted:

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    Yes No X

    II.9 Contract covered by a specific Agreement between Albania and another Country

    Yes No X

    Section III Legal, economic, financial and technical informatio n

    III.1 Conditions for qualifications

    The economic contractor have to submit :

    1. A Document certifying that your company is not under bankruptcy proceedings,

    issued by National Registration Center.

    2. A Document certifying that your company is not convicted for a criminal offence in

    accordance with article 45 of PPL, issued by National Registration Center.3. A Document certifying that your company is not convicted by a final court decision

    related to its professional activity, issued by National Registration Center.

    4. A document certifying that the capacities/assets of your company are not being

    evaluated by the judicial bailiff office, or that it does not exist any order of seizure by

    the Bailiff Office.

    5. A Document certifying that your company has met its fiscal obligations, issued by the

    Tax Administration.

    6. A Document certifying that your company has paid all social insurance obligations,issued by the Tax Administration.

    The Contracting Authority cannot change the General Admissibility/Qualification Criteria. Thesecriteria (point 1-6) have to be verified through documentations released not earlieerthan three

    months form the opening date of the offers.

    The economic operator must be registered in the respective professional or trade registers in the

    state of their establishment, thus certifying their legal personality through a historic extract

    released form National Registration Center.,

    III.1.1 Legal Capacity of economic operators, including requirements relating to

    enrollment on professional or trade registers: Necessary information and formalities to meet

    the requirements:

    1. An copy of Historic Extract issued by National Registration Center

    2. License to exercise activity for trading electrical energy

    Note:

    1.For the completion of point 1 the foreign economic operator must demonstrate the document for

    registration of the bidder, the Companys Registration Act.

    2.For the completion of point 2 the albanian bidders have to present the the respective licence

    dor trading electrical energy issued from ERE (Energy Regulatory Body).

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    Additional information in the tender documents.

    III.1.2 Economic and financial capacity:

    Necessary information and formalities to meet the requirements:

    Regarding the economic and financial capacity, the candidates must fulfill the minimal

    requirements:

    1- The certified copy of the Balance Sheet of 2007, certified by the appropriate authority,

    and/or

    2- A copy of the declaration of the yearly turnover for 2006, 2007 and the reports of the

    financial administration certified from an outside licensed audit company.

    Additional information in the tender documents

    III.1.3 Technical capacity:

    Necessary information and formalities to meet the requirements:

    1.-The bidder must have delivered electrical energy.

    To verify the fulfillment of the above point, the bidder must submitt:

    1.1 Similar contract/s on the delivering of electrical energy, realised during 3 last years,

    accompanied with verification of their fulfillment

    and/or1.2 Sale bills where should be specified the names of the companies, time periods and

    quantities of electrical energy trated.

    and/or

    1.3 A list of sales where should be specified the names of the companies, time periods and

    quantities of electrical energy trated.

    Additional information in the tender documents.

    III.2 Bid Security:

    Bid security has to be presented in the amount of: 2% of the contract value submitted by the

    bider.

    Additional information in the tender documents

    Se ction IV Procedure

    IV.1 Type of procedure:

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    Open Restricted Negotiated Design contest

    X

    IV.2 Award Criteria

    A) Lowest unit/price per lot up to the completion of the respective requested quantities per lot.

    The companies have to offer only 1 (one) unit/price for the whole quantity of electrical energythat it will supply for the period of each lot.

    Additional information in the tender documents

    IV.3 Time-limit for receipt of tenders or requests to participate:

    Date: 15.12.2008 Time: 10:00 (Albanian local time)

    Place: By paper documents (in a closed envelope) in the Headquarters of OSSH sh.a (Protocol

    Office, 3rd Floor)

    Blloku Vasil SHANTO, P.O. Box 259/1, Tirane, Albania.

    IV.4 Time-limit for opening tenders or requests to participate:

    Date: 15.12.2008 Time: 10:00 (Albanian local time)

    Place: Headquarters of OSSH sh.a, 1st Floor, meeting room , Blloku Vasil SHANTO, Tirane,Albania., (Keshs building)

    IV.5 Validity period of the offers: 90 (Ninety) days

    IV.6 Language(s) in which tenders or requests to participate may be drawn up:

    Albanian X English X

    Other _______________

    Section V Complementary information

    V.1 Payable documents:

    Yes X No

    If yes

    Currency Euro Price 10

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    The complete set of bidding documents may be purchased by any interested candidate with thesubmission of a written application to the above address, and upon payment of a nonrefundable

    fee of 10 (ten) EUR. The payment will be done either directly to the Finance Office of KESH

    sh.a or to the following account number:American Bank

    No 20242735301

    The above-mentioned estimation includes only the cost of the bidding documents. The interested

    candidate for the purchasing of the documents will pay bank commission and transport cost.

    V.2 File reference attributed by contracting authority: Ref. No. 463.01/OSSH 09-08/Energji.

    V.3 Previous publication concerning the same contract (if applicable):(not provided)

    Public Procurement Bulletin Date _________ Number _______

    V.4 Additional information (place, office, manner for withdrawel of the tender documents)

    The complete set of bidding documents may be purchased by any interested candidates on the

    submission of a written application to the above address:

    Distribution System Operator

    OSSH sh.a Headquarters

    Blloku Vasil Shanto Tirane, Albania

    Tel/Fax +355 42 241 984

    e-mail: [email protected]

    The complete set of Bidding documents may also be downloaded for free in the websit of theAlbania Procurement Agency, at this address:

    www.app.gov.al

    Date of dispatch of this notice: 24/11/2008.

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    2. GENERAL INFORMATION ABOUT THE PROCEDURE

    2.1 Public procurement procedure will be conducted in accordance with Law No 9643 date20.11.2006 2006 On Public Procurement, with the Public Procurement Rules approved

    by the Council of Ministers No. 1 dated 10.01.2007 Approvement of the rules of Public

    Procurement, and this Tender Documentation.

    2.2 Any economic operator is invited to submit a tender. The contract shall be awarded to the

    Economic Operator having submitted the best-evaluated compliant tender, based on the

    criteria stated in the TD (Tender Documentation).

    2.3 In accordance with Article 24 of the P.P. Law, the Contracting Authority may cancel the

    procurement procedure for one of the following reasons:

    1) no tenders were submitted within the time limit;

    2) none of the received tenders are compliant with the criteria provided in the tenderdocuments;

    3) all compliant tenders contain prices which substantially exceed the Contracting

    Authoritys budget foreseen for a given contract;4) the number of the received compliant tenders is less than 2 (two) and does not

    ensure a genuine competition;

    5) for other demonstrable reasons beyond the Contracting Authoritys control andnot predictable at the time of launching the award procedure; in the name of

    public interest;

    7) when all submitted tenders are abnormally low.

    All Economic Operators that have submitted a tender, or have participated in the

    procedure shall be notified within 5 days of the decision and the reasons for canceling the

    procurement procedure.

    2.4 Terms used in the Tender Documentation have the following meaning:

    Authorized Person(s) - person(s) authorized by a Contracting Authority to act on its

    behalf and person(s) authorized by means of a Power of Attorney/ or other legal means to

    act on behalf of a Tenderer.

    Contracting Authority OSSH sh.a.

    PPL - Law No 9643 date 20.11.2006 On Public Procurement, amended

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    Procurement Procedure procedure conducted by Contracting Authority based on this

    Tender Documentation.

    Public Procurement Rules secondary legislation issued based on the PPL, including

    among others, the Public Procurement Rules, approved by the COM with decision no. 1,

    dated on 10.01.2007.

    Economic Operators any economic entity that may be a natural or legal person, orany group of such persons, which offer delivery of electrical energy in the market.

    Tenderer every economic operator that has offered an offer, in accordance with theDT

    TD this Tender Documentation

    3. INSTRUCTIONS FOR THE ECONOMIC OPERATORS

    Forms of communication with tenderers

    3.1 The entire communication and information exchange (correspondence) between the

    Contracting Authority and Economic Operators should be in writing, as defined in Article22, of the PPL.

    3.2 In particular, the communication and information exchange will take place by means offax (e.g. mail, fax, and electronic means (to e mail address referred to in section 2 of

    TD). Correspondence is deemed to be submitted in due time, if its content in writing,

    reaches the Contracting Authority before the expire of the time limit, as per article 22 ofthe PPL.

    Preparation of tender

    3.3 Economic Operators are obliged to prepare tenders in accordance with the requirements

    established in this TD. Tenders that are not prepared in accordance with this TD shall be

    rejected as non compliant.

    3.4 The Economic Operator shall bear all costs associated with the preparation and

    submission of his tenders. The Contracting Authority is not responsible or liable for thosecosts.

    3.5 The Tender and all the documents and correspondence relating to that tender, exchanged

    by Economic Operator and Contracting Authority must be prepared in Albanian/orEnglish language. Supporting documents and printed literature furnished by a Tender

    may be in another language, commonly used in the international trade, provided they are

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    accompanied by an accurate translation of their respective passages in the language of thetender.

    3.6 (option) (not applicable)An explanatory meeting shall be organized on _________ (dd/mm/yy) so that Economic

    Operators may familiarize themselves with the TD and the requirements therein.

    Participation is facultative, but an Interested Economic Operator should write in advance

    to confirm its intention to participate in this meeting. Additional information orclarifications provided during the meeting will be distributed to all Economic Operators.

    All Economic Operators costs relating to the meeting shall be met by them.

    To arrange the meeting, please contact: (name of contact person)

    3.7 The original of the tender should be typed or written in indelible ink. All tender sheets

    must be firmly bounded together and paged. All tender sheets except for un-amended

    printed literature should be initialed or signed by the Authorized Person(s). Anyamendment in the tender must be legible and signed by Authorized Persons. Additionally,

    in case of tenders submitted by a consortium, Power of Attorney for Authorized Persons

    to represent consortium during the procurement procedure must be attached to the tender(Power of Attorney may include also the authorization to sign a contract).

    3.8 Tender should comprise the following documents:

    a) Tender Submission Form, prepared in accordance with the model attached as Annex 1

    to the TD;

    b) Tender Declaration Form and Tender Price Form, prepared in accordance with the

    model attached as Annex 2 and Annex 3 to the TD.

    c) Documents concerning the subject matter of procurement

    Technical Specification

    Quantity and Delivery Schedule

    Bid Security.

    Written authorization for representing the company.

    d) Documents and certificates referred to in Section 4 of this TD.

    e) (Option) the alternative technical tender (not applicable).

    An Economic Operator may submit only one offer.

    Confidentiality

    3.9 Article 25 of the Law states that:

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    Without prejudice to the provisions of the PPL concerning the obligations relating to thepublication of awarded contracts and to the information on candidates and tenderers set

    out respectively in Article 21 and Article 57 of the PPL, contracting authorities shall not

    disclose information forwarded to them by economic operators, labeled as confidential.Such information includes, in particular, technical aspects, trade secrets and confidential

    information of tenders.

    The Contracting Authority assumes that not all of the information submitted by the

    Tenderers will be genuinely confidential. Some information including commercial,financial or technical information and know how will already be in the public domain or

    will, in the future, become public knowledge.

    The Contracting Authority requires the Candidates/Tenderers to indicate, when theysubmit information to the Contracting Authority, which specific items of information

    should be regarded as confidential, on what grounds it should be regarded as confidential

    and for how long it will continue to be confidential.

    Tender prices shall, in no circumstances be regarded as confidential.The Tenderer must list (in the format set out at Annex 12) the items of information which

    should be regarded as confidential and the reasons therein.

    3.10 Economic Operators shall submit only the original offer in a closed, non transperent,

    sealed and signed signed envelope with the name and address of the Tenderer and marked:

    Purchasing of electrical energy for period 01 January 2009 - 31 March 2009; Contract No.ref463.01/OSSH 09-08/ Energji, marking it clearly as follows:

    DO NOT OPEN, EXCEPT IN PRESENCE OF THE TENDER EVALUATION

    COMMISSION, NOT BEFORE 15.12.2008, at 10:00 hrs.

    3.11 Tenderers may modify or withdraw their tenders provided modification or withdrawal is

    done before the expiry of time limit for submission of tenders. Both modifications andwithdrawals must be communicated to the Contracting Authority in writing before the

    final date and time (deadline) for submission of tenders. Section 3.10 of TD applies

    accordingly to statements of Tenderes concerning modification or withdrawal of theirtenders. Additionally, the envelope containing statement of Tenderes should be marked:

    MODIFICATION OF TENDER orWITHDRAWAL OF TENDER accordingly.

    Price calculation

    3.12 An Economic Operator shall complete the Tender Submission Form and the Price Form,

    attached to this TD, indicating the goods to be delivered, a brief description of the goods,their quantity and price.

    3.13 All prices should be quoted in Albanian Currency (Lek), including all applicable taxes,but not the VAT. If the prices are quoted in foreign currency, they will be converted into

    Albanian Lek (ALL) at the exchange rate fixed by the Central Bank of Albania on the

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    day the contract notice is published and maintained at that exchange rate until the expiryof the tender validity period.

    3.14 A Tenderer shall indicate on the Price Schedule the total tender prices of all Goods, net ofVAT. The VAT, when applicable, shall be added to the submitted price, thus making the

    total value of the tender.

    3.15 Unless otherwise specified in the Tender Documentation, prices quoted by the Tenderershall be fixed during the performance of the contract and not subject to variation on any

    account. A tender submitted with an adjustable price quotation, which is not consistent

    with this paragraph, shall be rejected by the Contracting Authority as noncompliant.

    Time limit and place for submission of tenders

    3.16 Tenders should be submitted to the following address:

    Place: By official paper (in a closed envelope) in the Headquarters of OSSH sh.a (Protocol

    Office, 3rd Floor)

    Blloku Vasil SHANTO, P.O. Box 259/1, Tirane, Albania, KESHs building

    3.17 The time limit for submission of tenders expires on 15.12.2008 at 10:00 hrs(AlbanianLocal Time). Bids submitted after the expiry of this time limit shall be returned to the respective

    Economic Operators unopened.

    Date and place of opening of tenders

    3.18 Public opening of tenders will take place on 15.12.2008 at 10:00 hrs

    Place: OSSH sh.a Headquarter, Board Room (1st Floor)

    Blloku Vasil SHANTO, P.O.Box 259/1 Tirane (Keshs Building) .

    Tenderers or their representatives may be present at the opening of tenders. Information

    communicated during the public opening of tenders shall be communicated to all Economic

    Operators who submitted tenders in due time.

    Bid security

    3.19 In order to participate in a procurement procedure, an Economic Operator is required tosubmit the Bid Security, accompanied by the Tender Security Form as provided in Annex4. The required value of the bid security for all participating companies is 2% of thevalue of the bid submitted by Economic Operator.

    3.20 The Tender Security must be submitted together with the tender before the expiry of time

    limit for submission of tenders. Non compliance with the tender security requirements

    shall result in the rejection of tenders.

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    3.21 The Tender Security may be submitted in one of the following manners:

    a) unconditional bank guarantee,b) insurance guarantee

    The Tender Security Form shall be signed by the issuer (Bank, Insurance Company, etc) and

    submitted together with the tender, before the opening of tenders; otherwise, the tender shall berejected.

    3.22 The documents referred to in point 3.21/ a b should be valid for all the tender validityperiod. The contracting authority shall return to the tenderer his tender security within 15

    days from the contract signing.

    Tender validity period

    3.23 Tenders must be valid for 90 (ninety) days from the moment of expiry of time limit for

    the submission of tenders. The tender validity period starts from the moment of expiry of

    time limit for submission of tenders. As long as the tender validity period has not expired,

    the Contracting Authority may request the Tenderer in writing to extend the validityperiod until a specified date. Tenderer may reject such a request without losing the right

    to reimbursement of the Tender Security. Tenderer who agree to extend the tender

    validity period and notify the Contracting Authority accordingly in writing, shall extendthe validity period of the tender and provide an extended tender security. The tender must

    not be modified. If the Tenderer fails to respond to the request made by the Contracting

    Authority as regards extension of the tender validity period, or does not extend thevalidity period, or fails to provide an extended tender security, the Tenderer shall be

    deemed to have rejected the request of the Contracting Authority. In such a case, the

    Contracting Authority will reject the tender.

    4. PARTICIPATION AND QUALIFICATION

    Conditions for participation and required evidences

    4.1 In accordance with PPL, the Economic Operators should meet the following conditions,

    in order to be qualified:

    a) Their tenders may not be subject to rejection based on Article 45 of the PPL;b) They must have right to pursue professional activity and/or to be registered in relevant

    professional or trade registers;

    c) Their economic and financial situation should guarantee proper execution of thecontract;

    d) Their technical and professional ability should guarantee proper execution of the

    contract.

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    4.2 In accordance with Article 45 of the PPL, the tender will be rejected if the EconomicOperator:

    a) is bankrupt or is being wound up or has entered into an arrangement with creditors or

    has suspended or limited business activities or who is in any analogous situation arisingfrom a similar procedure under the relevant laws and regulations of Albania or its country

    of establishment;

    b) is the subject of proceedings for a declaration of bankruptcy, for an order for

    compulsory winding up or for an arrangement with creditors, or of any other similar proceedings under the relevant laws and regulations of Albania, or its country of

    establishment;

    c) has been convicted by a judgment of any offence regarding his or her professionalconduct;

    d) has been found guilty by a competent court of Albania of grave professional

    misconduct;

    e) has not fulfilled its obligations relating to the payment of social security contributions,in accordance with the relevant laws of Albania or its country of establishment;

    f) has not fulfilled its obligations relating to the payment of taxes, in accordance with the

    relevant laws of Albania or its country of establishment;g) misinforms and submits documents, that contain false data for the reason of

    qualification.

    4.3 Economic Operators should be registered in the relevant professional or trade registers of

    the country in which they are established, thus demonstrating their legal personality.

    4.4 Economic Operators may prove that they do not fall in none of the cases quoted in

    section 4.2, by submitting the evidence specified in Annex 5 of the TD.

    Specific Qualification Criteria

    4.5 With regard to the technical and professional capacities, the economic operator should

    fulfill the following minimum requirements: (the requirements below are given only as

    examples the contracting authority may apply other requirements, provided they are

    precise,objective, non-discriminatory and proportionate to the value of contract):

    1. Successful experience in the execution of at least:

    a. Similar supplies of the same nature with an amount of ____________ALL (an amount

    not exceeding 40% of the estimated value of the contract to be procured), carried out

    during the last three years of the operators activity;

    b. Professional licenses in relation to the supply of goods, which are the object of the

    contract, if they exist:

    4.6 a. Certificate of samples authenticity, description and/or pictures or technical catalogues

    (to be provided by the Contracting Authority)

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    b. Certificate of official tests results, issued by authorized bodies, proving thecompliance of products with the technical specifications.

    4.7 The assessment of technical and professional ability of the Economic Operator shall beperformed on the basis of statements and documents provided in Annex 5 of the TD.With regard to the economic and financial capacities, the candidate should fulfill the

    following minimum requirements: (the requirements below are given only as examples the contracting authority may apply other requirements, provided they are precise,

    objective, non-discriminatory and proportionate to the value of contract):

    1. The average annual turnover over last .. (Maximum three) years must

    amount no less than ALL, ( not required)

    2. Other relevant requirements, if necessary.

    4.8 Assessment of economic and financial situation of Economic Operator will be performed

    on the basis of following statements and documents ( select documents or statements

    requiredby the Economic Operator from the following):

    a) certified copies of one or more balance sheets, submitted to the relevant authorities;

    (not more then previously three years )

    b) copies of the annual turnover declarations and/or of the financial management reports,

    certified by an external licensed auditing body; (not more then previously three years)

    c) a certificate of the financial situation from one or more banks (if required an amountnot exceeding the cash value needed to cover the initial cost of the contract and when

    no advance payment is provide)

    Consortium

    4.9 The tender may be submitted by a group of economic operators, one of which is the

    representative of the others during the procedure, and in case of selection, also during the

    contract performance. The tender should determine the part of the works that each of the

    members of the consortium should carry out.

    4.10 Prior to submitting the tender, the consortium should be officially established through anotarized agreement, which indicates the name of the consortiums representative, theparticipation percentage or the concrete work to be carried out by each of the members,

    as well as the authorization/the power of attorney document referring to the consortium

    representation, serving in both cases, for the tender submission or for the contractconclusion, in case of being awarded. The representative should make a tender security,

    by specifying participation as a consortium of economic operators.

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    4.11 In case of tenders submitted by a consortium, the Contracting Authority, when assessingthe fulfillment of requirements established in the TD, shall take into account, all together,

    the qualifications, the economic and financial situation and the technical and professional

    ability of the consortium. Documents referred to in section 4.2, 4.3 and 4.4 must beprepared separately for every member of the consortium and should be attached to the

    tender. In the mean time, the economic, financial, technical and professional ability

    criteria must be prepared from the whole consortium, in accordance with the participation

    share that each party has in the consortium, as stipulated in the consortium agreement.

    Sub-contracting (option)

    4.12 The Contracting Authority may allow sub-contracting for implementing a part of the

    contract. Sub-contracting should not exceed 40 % of the contract value and may be

    limited to special goods. With the Tender Declaration the tenderer should also declare the

    selected sub-contractor. The selected sub-contractor should have the requiredqualifications for the contract execution, which shall be verified by the Contracting

    Authority before signing the sub-contract.

    Illegal Acts

    4.13 In accordance with Article 26 of the PPL and other legislation in force with regard toconflict of interest and ethics in public administration, the Contracting Authority shall

    reject a tender if the tenderer who submitted it:

    - has given or is prepared to give to a current or a former employee of theContracting Authority a gift in the form of cash or in any non-cash form

    whatsoever as an attempt to influence an action or a decision or the course of the

    public procurement procedure; and/or- is in the condition of conflict of interest in this procedure such as a tenderer is

    related to a natural or legal person, who is charged by the Contracting Authority

    to provide advisory services during the preparation of designs, specifications or

    other documents related to the procurement., or has relations with members ofthe tender evaluation commission, etc.

    - has submitted false documents/ information with regard to requirements set out in

    Section 4 of the TD.

    4.14 The Contracting Authority shall inform the Tenderer and the Public Procurement Agency

    of the rejection of the request or tender and the reasons for it in writing, and shall make arespective note on the procurement procedure report.

    5. EVALUATION OF TENDERS

    Tenders shall be evaluated based on the following criteria:

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    The Contract shall be awarded to the Tenderer who has submitted the lowest evaluatedcompliant tender. Tenders substantially non - compliant with the technical description of

    subject matter of public procurement shall be rejected.

    (OPTION: where the goods to be supplied are complex or, in exceptional cases are

    required for a specific purpose), an inspection carried out by the Contracting Authority or

    on itsbehalf, by a competent office in the country, in which the Economic Operator is

    registered, regarding thetechnical capacities of the Tenderer and, if necessary, regardingits study and research facilitiesand quality control measures;

    Award criteria:

    5.1 - The lowest price per lot of the qualified tender up to the completion of the required

    quantities of electrical energy in the tender documents. The contract shall be awarded

    to the tenderer who has offered the lowest unit/price per lot, up to the completion of therequired quantities per lot, for the period Januar-March 2009.

    - The companies are incouraged to offer total required quantities for each lot, but offers

    that submitt lower quantites than the total required quantity of the lot/lots or that do

    not offer electrical energy for all lots, will also be accepted. Companies have to offer

    supply of electrical energy for the whole period of the lot without interruptions and

    without changed power.

    - OSSH sh.a. has the absolute right to accept fully or partially the quantities of

    electrical energy submitted by the Economic Operators. Before the signing of the

    contract, OSSH sh.a. has the absolute right that, within a month, to accept different

    capacities of electrical energy in function of the availabel/disponible NTC values. If the

    NTC value is reduced, OSSH sh.a. will reduce the contracted capacities of electrical

    energy up to the completion of the available quantities, according the to availabe NTC

    values, starting from the highest unit/prices up to the lowest unit/prices.

    - Final determination of the quantities that will be contracted/accepted for the

    supplying periods of each lot/lots or within a lot or specified time period, will be

    specified at the moment of the offical notification from the Albanian TSO for the

    allocation of the CBTC of electrical energy, regardless of the fact that the substance of

    this official notification might cause changes in the announced/stipulated quantites in

    the standard tender documents.

    - The companies have to offer only 1 (one) unit/price per lot for the whole quantity of

    electrical enregy that will supply within the period of each lot.

    - In any case, the offers that offer unit/price higher than the limit unit/price or higher

    value that the limit value deteminated in the tender documents for every lot, will be

    dissqualified.

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    Note:

    - In the limit value and limit unit/price is included the value of customs duty, and

    other fiscal obligations, but is not included the value of VAT. Only for comparison

    and evaluation reasons, the classification of the offers will be based on the lowest

    unit/price that does not include the value of customs duty, VAT and other fiscal

    obligations (with the delivery condition DAF Albanian Border/Albanian Side).

    - The foreign companies must take into consideration the fact that to the value of the

    offer and/or unit/price of their offer will be added the value of customs duty (which

    is 2% of the value of the offer). In case that the value of the offer and/or unit/price +

    value of the customes duty will result higher than the limit value per lot and/or limit

    unit/price, the offers will be automaticaly dissqualified.

    -The contract with the foreign companies will be signed only based on the offers

    unit/prices and value of their offer, in which the value of customs duty, VAT and

    other fiscal obligations, will not be included.

    -The contract with the local companies will be signed with the total value of the

    offer (which includes customs duty value + VAT value + the values of all fiscal

    obligations recognized by the albanian legislation).

    Ban on negotiations

    5.2 No negotiations shall be conducted with the Tenderer concerning his offer.The Contracting Authority may, however, request the Tenderer to clarify his tender,

    without bringing about any changes in the substance of the tender.

    Abnormally low tenders

    5.3 If the submitted tender, based on pre-determined formula, appears to the Contracting

    Authority to be abnormally low in relation to the goods offered, the ContractingAuthority shall request the concerned Supplier to justify the offered price. If the Tenderer

    fails to provide a justification to the satisfaction of the Contracting Authority, it shall be

    entitled to reject the tender.

    5.4 The tender shall be considered as abnormally low following the definition in chapter V

    point 4(g) of the PPR a tender shall be considered as abnormally low where, after the

    reduction of the tender value from the fund limit (expressed in percentage) the result ishigher than one fifth of the tenders average of all regular tenders reduction.

    The formula to be applied to determine abnormally low tenders is as follows:

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    FL Fund Limit

    T Tender

    TA Tenders Averagen Number of tenders

    PR Possible Reduction

    TA = T1 + T2 + T3 + Tn / n

    [FL - TA] Difference of Fund Limit from the Tenders Average

    PR= [FL - TA] + 1/5 x [FL - TA]

    If the difference is > PR, consequently, the tender is Abnormally low

    5.5 In considering whether a tender price can be justified, the Contracting Authority may

    request in writing that the Tenderer concerned provides further details of the tender,

    including price elements and detailed calculations. The Contracting Authority shall takeinto consideration explanations relating to, as appropriate:

    a) the economics aspects of the manufacturing/realization process;

    b) the technical solutions chosen and/or the exceptionally favorable conditions availableto the Tenderer for the execution of the goods vending;

    c) the originality of the goods proposed by the Tenderer;

    d) compliance with the provisions in force relating to employment protection andworking conditions at the place where goods purchase/vending is to be performed.

    Correction of errors and omissions

    5.6 The Contracting Authority shall correct any error in a tender that is of a purely

    arithmetical nature, if such an error is discovered during the examination of tenders. The

    Contracting Authority shall promptly provide the concerned Tenderer with a writtennotice of any such correction and may proceed to amend the error, provided the Tenderer

    has approved the communication. If the Tenderer refuses to endorse the proposed

    correction, the tender shall be rejected without forfeiting the tender security, if any.

    5.7 Errors in price calculation shall be corrected by the Contracting Authority using the

    following assumptions:- where there is a discrepancy between amounts expressed in figures and in words, the

    amount in words shall prevail, unless the amount expressed in words is related to an

    arithmetic error,

    - except for lump-sum contracts, if there is a discrepancy between the unit price and thetotal amount that is obtained from the multiplication of the unit price and quantity, the

    unit price shall prevail and the total value should be corrected,

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    - if there is an error in the total amount, corresponding to the addition or subtraction ofsubtotals, the subtotal should prevail and the total should be accordingly corrected.

    Amounts corrected in this way shall be binding on the tenderer. If the tenderer does not

    accept them, its tender shall be rejected.

    5.8 The Contracting Authority shall regard a tender as compliant, if it meets the requirements

    set forth in the contract notice and in the TD. Notwithstanding the foregoing, the

    Contracting Authority shall be entitled to regard a tender as compliant, if:(i) it contains any errors or oversights that are capable of being corrected without altering

    any material term or aspect of such tender, or prejudicing competition, or

    (ii) it contains only minor deviations that do not materially alter or depart from thecharacteristics, terms, conditions and other requirements set forth in the contract notice

    and in the tender documents; provided, however, that any such deviations shall be 2

    quantified, to the extent possible, and appropriately taken account of in the evaluation

    and comparison of tenders.

    5.9 Whenever a tender is rejected or the tenderer is disqualified, the contracting authority

    shall inform the interested tenderer for the reason/s of disqualification or rejection. Thenotice form is provided in Annex 6 of the TD.

    6. ADMINISTRATIVE REVIEW MEASURES AVAILABLE FOR TENDERERS

    6.1 Any economic operator who has a legitimate interest in public procurement contracts and

    believes that the Contracting Authority, during the contract award procedure concerned,

    has breached provisions of the PPL and the PP Rules shall have the right to raise anobjection against the procedure. In filing the complaint the interested party shall use the

    complaint form, provided in Annex 13 of the TD.

    6.2 Objections shall be filed with the Contracting Authority in writing within 5 (five)

    working days from the day the complainant becomes aware, or should have become

    aware of the alleged breach.

    6.3 If the Contracting Authority fails to examine the objection within the time limit specified

    in article 63 of the PPL, or rejects the objection, the complainant may file a writtenappeal with the Procurement Review Agency within 5 (five) days from the first working

    day, after the expiry of the time limit specified in section 6.2, or, in the case the objection

    in first instance is rejected by the Contracting Authority, from the day the complainant

    was informed hereon by the Contracting Authority. A copy of the appeal in writing shallsimultaneously be notified to the contracting authority. The complainant shall use the

    same standard complain form, as provided in section 6.1. The form can also be

    downloaded free of charge from the PPA Website www.app.gov.al. Complaints shall beaddressed to responsible procurement officer/Contract Authoritys office (address, fax,

    tel).

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    6.4 Simultaneously, if so desired, the interested party may submit a copy of complaint or maycomplain directly to the Public Procurement Advocate Office.

    7. SIGNING OF CONTRACT

    7.1 The Contracting Authority shall inform the Tenderer whose offer was selected as the best

    offer, by sending the contract award notice, as provided in Annex 7. A copy of the notice

    shall be published in the Public Announcement Bulletin, as required by article 58 of thePPL.

    Security for contract performance

    7.2 The Contracting Authority shall require a security for the contract performance. The

    amount of the security for the contract performance shall be 10 % of the contract value.

    The contract security form, as provided in Annex 13 of the TD shall be signed andsubmitted before signing the contract.

    If the Contractor does not fulfill its contractual obligations for supply of electrical energy

    for a lot, the Contractin Authority has the right to confiscate the full value of the contractsecurity for that lot.

    If the Contractor does not deliver fully/partially the cotnracted quantity, the ContractingAuthority confiscates, from the value of the contract security, the vlaue corresponding to

    the non-delivered quantity of electrical energy, which is calculated as the difference from

    the highest price, that the Contracting Authority has or might have the possibility to buythe non-delivered quantities of electrical energy. Possible costs for the obtainment of

    transmission routes as well as other documented cost will be added to the above-

    mentioned value. In this case, when the value of the contract security is smaller than thevalue that the Contracting Authority has to confiscate, the difference will be held form

    payment value, that the Contracting Authority has to pay to the Contractor for the

    delivered quantities of electrical energy.

    7.3 The security for the contract performance may be submitted in one or more of the

    following forms:

    i. unconditional bank guarantee,ii. insurance guarantee,

    7.4 Pursuant to the PP Rules, after signing the contract, the Contracting Authority shall send anotice to the PPA for Publication in the Public Announcement Bulletin.

    Terms and conditions of the contract

    7.5 The Contracting Authority shall conclude the contract with the Tenderer whose tender

    was selected as the lowest evaluated tender for the contract of [_____] [for a given Lot],

    __________.

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    7.6 A draft contract is included in Annex 8 and Annex 9 of this TD ("the Draft"). The

    Tenderer must complete the Draft with its data and details, contained in the Tender (i.e.

    price).

    7.7 In case of being awarded, the Contract Draft (special and general conditions) shall be

    filled in by the Tenderer and should be initialized on every page by the Authorized

    Persons. In the Tender Submission Form, the Tenderer confirms its agreement toconclude the contract, in accordance with the Contracts Terms and Conditions Form

    (Annexes 9 and 10).

    Guarantee and other obligations of tenderers

    7.8 Tenderers are obliged to provide a guarantee for offered goods. The guarantee period

    should be specified in the Offer.

    8. INFORMATION ABOUT TENDER DOCUMENTATION

    8.1 The fee for the TD is 10 Euro. This fee covers actual costs of reproducing and

    dispatching the TD to the Economic Operators. Interested Operators shall have the right

    to inspect the TD before its purchase.

    8.2 Economic operators can make complains or may seek clarification of TD from the

    Contracting Authority in writing in good time and not later than 5 (five) days before thefinal date for submission of tenders.

    8.3 The Contracting Authority shall prepare a written response, maintaining the genuinecompetitive principles of the award procedure, which shall be dispatched to all candidates

    or tenderers, not later than 3 (three) days after receiving the request. If the answer gives

    rise to amendments in the TD, the Contracting Authority shall, pursuant to Article 42 of

    the PPL, extend the time limit for the submission of tender, accordingly up to 5 (five)days for procurement procedures with value below the high monetary threashold and to

    10 (ten) days for procurement procedures with value above the high monetary threashold,

    in accordance with Article 42 of PPL, amended.

    8.4 The Contracting Authority may amend at any time the Tender Documentation, provided

    that all amendments are made available to interested economic operators on the same dayand not later than 7 (seven) days before the date fixed as the time limit for submission of

    tenders. Any amendment issued shall become an integral part of Tender Documentation.

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    (To be completed by the tenderer)

    Annex 1

    TENDER SUBMISSION FORM GOODS

    Contract title and reference number: .

    Contract notice: ..(Place and date)

    TO: (Name and address of the contracting authority)

    -----------------------------------------------------------------------------------------------------------

    SUBMITTED BY

    Name(s) of tenderer(s)

    Representative *

    Partner 2*

    Etc *

    * add/delete additional lines for partners as appropriate. Note that a subcontractor is not considered to be a partner

    for the purposes of this tender procedure. If this tender is being submitted by an individual tenderer, the name of the

    tenderer should be entered as 'leader' (and all other lines should be deleted).

    Number of pages submitted _______ (pages).

    CONTACT PERSON (for this tender)

    Name:

    Address:

    Telephone:

    Fax:

    E-mail:

    Signature

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    6. Our tender shall be valid for the period specified in the tender documents;

    7. Where our tender is accepted, we will provide a contract security, as provided in the tender

    documents;

    8. We shall not participate as tenderer with more than one tender for this procedure.

    9. We authorize the contracting authority to verify the information/documentation attached to

    this tender.

    10. I herein agree to sign the contract, in compliance with the contract conditions form, in case

    of being awarded.

    Tenderers Representative

    Signature

    Seal

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    (To be completed only by the local companies)

    Annex 3

    PRICE TENDER FORM

    Name of tenderer_____________________

    LOTS

    Nr NominationI II III

    1 Power (MW)

    2 Quantity (MWh)

    3 Unit/price (Euro/MWh)4 Net Value (Euro)

    5

    Value of Customs duty

    (2%)

    6 Value of VAT (20%)

    7 Total Value (Euro)

    8 Delivery Schedule

    01.01.2009

    31.01.200901.02.2009

    28.02.2009

    01.03.2009

    31.03.2009

    Note:

    In the unit/price of the electrical energy is included:

    1. The cost of the delivery of the electrical energy by the delivery condition of the DAF AlbanianBorder, Albanian side, according to INCOTERMS 2000, published from International

    Commerce Chamber, Paris.

    2. Value of all fiscal obligations recognized by the albanian legislation.

    Signature of tenderer ______________Seal ______________

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    Annex 5

    1. GENERAL ADMISSIBILITY/QUALIFICATION CRITERIA

    The Candidate/Tenderer must deliver:

    1. A Document certifying that your company is not under bankruptcy proceedings, issued by

    National Registration Center.

    2. A Document certifying that your company is not convicted for a criminal offence in

    accordance with article 45 of PPL, issued by National Registration Center.

    3. A Document certifying that your company is not convicted by a final court decision relatedto its professional activity, issued by National Registration Center.

    4. A document certifying that the capacities/assets of your company are not being evaluated

    by the judicial bailiff office, or that it does not exist any order of seizure by the Bailiff

    Office.

    5. A Document certifying that your company has met its fiscal obligations, issued by the Tax

    Administration.6. A Document certifying that your company has paid all social insurance obligations, issuedby the Tax Administration.

    The Contracting Authority cannot change the General Admissibility/Qualification Criteria. Thesecriteria (point 1-6) have to be verified through documentations released not earlieer than three months

    form the opening date of the offers.

    The economic operator must be registered in the respective professional or trade registers in the state of

    their establishment, thus certifying their legal personality through a historic extract released formNational Registration Center.,

    They shall submit a copy of:

    1. An copy of Historic Extract issued by National Registration Center

    2. License to exercise activity for trading electrical energy

    Note:

    1.For the completion of point 1 the foreign economic operator must demonstrate the document for registration

    of the bidder, the Companys Registration Act .

    2.For the completion of point 2 the albanian bidders have to present the the respective licence fortrading electrical energy issued from ERE (Energy Regulatory Body).

    A foreign Candidate/Tenderer shall certify that he complies with all the requirement listed above. Incase that documents listed above are not issued in their country of origin, a written declaration is

    sufficient. If the language used in the procedure is Albanian, documents written in foreign languagemust be provided with a notarized translation into Albanian.

    The General Admissibility/Qualification criteria shall not be subject to changes by the contracting

    authority. These criteria (point 1 6) shall be certified through the documents that have been issued not

    before three months from the day of tender opening.

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    In case of group of economic operators, each member of the group must submit all above-mentioned

    documents.

    2. SPECIFIC QUALIFICATION CRITERIA

    In order to demonstrate that the economic operator is qualified in accordance with section 4 of the TD, a

    tenderer must submit:

    Successful experience in the execution of delivery of electrical energy. To verify the completion of

    this point the offerer must present:

    1.1 Similar contract/s on the delivering of electrical energy, realised during 3 last years,

    accompanied with verification of their fulfillment

    and/or

    1.2 Sale bills where should be specified the names of the companies, time periods and quantities

    of electrical energy trated.

    and/or1.3 A list of sales where should be specified the names of the companies, time periods and

    quantities of electrical energy trated.

    2. Evaluation of technical and professional capabilities of the Economic Operator. Regarding theeconomic-financial capabilities, the candidates must complete the minimal requirements.

    To verify the completion of this point, the offerer must present:

    1- The certified copy of the Balance Sheet of 2007, certified by the appropriate authority, and/or

    2- A copy of the declaration of the yearly turnover for 2006, 2007 and the reports of the financial

    administration certified from an outside licensed audit company.

    All documents have to be originals or noterized copies of the originals. Non submission of a documents,

    or of false/incorrect doucments, will be considered legitimate criteria for disqualification.

    Annex 6

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    STANDARD LETTER TO DISQUALIFIED TENDERER1

    [Place and date]

    [Name and address of the contracting authority]

    [Address of tenderer]

    Dear Sir/Madamme

    Thank you for participating in the above-mentionedku public procurement procedure. The procedurewas conducted in accordance with the Law On Public Procurement, no. 9643, dated 20.11.2006,

    henceforth the PP Law.

    Your tender was carefully evaluated against the conditions and requirements established in the

    procurement notice and in the tender dossier. I regret to inform you that you were [disqualified]

    [eliminated because the tender submitted by you was rejected due to the following reason(s) [ mark

    appropriate box]:

    [your company [your executive director]

    participated in the preparation of the contract notice, or tender dossier, or its part(s), which was

    used by the contracting authority.

    received illegal assistance while preparing the contract notice, or the tender dossier, or part of it.

    [your company]

    Have/has been determined by a court of competent jurisdiction to have committed a criminal orcivil offence involving corrupt practices, money laundering, criminal organization or activities

    described, or similar to those described in Article 45 of the PPL, under the laws or regulations

    applicable in Albania, or under international agreements or conventions;

    Have/has been determined by a court of competent jurisdiction to have committed an act of

    fraud, or an act equivalent to fraud; Have/has been determined to have engaged in unprofessional conduct by a court of competent

    jurisdiction;

    Is under criminal proceedings for one of the penal offenses described in article 45 of the PPL;

    1 This letter is addressed to tenders i) who were disqualified on the basis of Article 45 ,46,47 of the PP Law; ii) whose

    tenders were rejected because they failed to comply with tender security requirements.

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    _________________________________________________________________________

    _________________________________________________________________________

    _________________________________________________________________________

    If you believe that the Contracting Authority, during the public procurement procedure, has breached the

    PPL or its implementing regulations, you have the right to initiate the review procedure, as regulated inChapter VII of the PP Law and in section 6 of the TD.

    Although we have not been able to make use of your services on this occasion, I trust that you will

    continue to take an active interest in our procurement initiatives.

    Yours sincerely[Name]

    Annex 7

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    [Contracting Authority]

    AWARD NOTICE FORM

    [Ref._________][Date_______]

    To: [Name and address of the awarded tenderer]

    * * *

    Procurement procedure: [Reference of dossier from the contracting authority]

    Short description of the contract: [Quantities, scope and duration of contract]

    Previous publications (if applicable): Public Announcement Bulletin [Date] [Number]

    We notify that the following have participated in this procedure with these respective offered values:

    1._____________________________ Value (expressed in figures and words) _______________

    2._____________________________ Value (expressed in figures and words)_______________

    Etc.___________________________ Value (expressed in figures and words)_______________

    The following tenderers have been disqualified:

    1._________________________________

    2._________________________________

    Respectively for the following reasons:___________________________________________________________________________________

    ___________________________________________________________________________________

    ____________________________________________________________________

    * * *

    Referring to the above-mentioned procedure, we inform [name and address of awarded tenderer] that

    the submitted tender, of a total value of[respective amount expressed in words and figures] has beenidentified as the successful tender.

    Consequently, you are kindly asked to submit to [name and address of the contracting authority and

    the contact reference] the signed copy of the contract and the contract security, as provided with thetender documents, within 30 (thirty) days from the notice receipt.

    If you dont comply with this request, or you withdraw from contract signing, your tender securityshall be forfeited and your contract shall be granted to the next tenderer in the final classification,

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    whose tender has been submitted with a total value of [respective value expressed in words and

    figures], as provided in article 49 of the PPL [date] [number].

    * * *

    [Head of the Contracting Authority]

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    Annex 8

    GENERAL CONDITIONS

    Goods Open Tender

    Article 1: Application

    1.1 The General Conditions of the Contract (GCC) shall apply to the supply of goods, procured with

    open procedure.

    1.2 The Law of the Republic of Albania On Public Procurement provides that the provisions of the

    Civil Albanian Code shall apply to the contracts of public procurement. Some provisions of thisCode are expressed in the GCC as well, in order to increase the level of transparency in the

    contractual conditions. However, quoting some provision in this part, does not deny in any way

    the application of the other provisions of the Civil Code for this contract.

    1.3 Similarly, some provisions of the Law on Public Procurement are expressed again in the GCC, inorder to increase transparency in the law which regulates public procurement. However, thequoting of some provisions in this part, does not deny the application of other provisions of the

    Law on Public Procurement, regarding the parties rights, duties and obligations.

    1.4 The GCC shall apply to the extent they do not leave behind the conditions or provisions, foreseen

    in other parts of the contract.

    1.5 The contractual conditions comprise also the Specific Conditions of the Contract (SCC). Where

    there is a conflict between the GCC and the SCC, the SCC shall prevail over the GCC.

    Article 2: Definitions

    2.1 Contract means the written agreement between the Contracting authority and the Contractor,

    which comprises the Tender Documents, including GCC and SCC, all attachments and completedforms, which are referred in each document.

    2.2 Contract Price means the price to be paid to the Contractor, in accordance with the contract for

    the complete and precise implementation of his contractual obligations.

    2.3 Incoterms means the international trade terms, as rules for the interpretation of trade terms

    determining the distribution of functions, costs, and risks related to the transfer of Goods from the

    Contractor to the Contracting Authority.

    2.4 Delivery means all activities and actions for the receipt of Goods at the place of delivery, asspecified in the contract, such as packaging, transport, security, tariffs, customs procedure, loading

    and unloading services, installation, collection, inspection of actions and the monitoring of the

    overall activity.

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    2.5 Contracting Authority means the Contracting Authority which is a party to this Contract, and

    which contracts the Goods of this contract. This term shall have the same meaning with the one

    defined in the law.

    2.6 Contractor means the natural or legal person, which is party in this contract and, in accordance

    with the provisions of this contract, is the one who supplies the Goods.

    2.7 Party (-ies) mean the signatories of the contract.

    2.8 Goods means all unprocessed materials, products, machineries and equipment, solid, liquid or

    gas objects.

    2.9 Related services means all secondary services or unpredicted services for the supply of Goods,such as transport, installation, maintenance, training, supporting services or similar obligations

    related to the supply of Goods.

    2.10 Object of Contract means all the Goods and the Related Services that the contractor shall

    provide, complying with the conditions of the contract.

    2.11 Technical Standards means the approved specification by a specialized body of standardization

    for ongoing or repeated application. These standards are used as rules, regulations or definitions of

    the characteristics, in order to insure that the materials and related services respond to theobjective.

    Article 3: Formulation of Contract

    3.1 The notification of the awarded tender shall serve for the preparation of the contract between the

    parties, which should be signed within the time limit, expressed in the Tender Documents.

    3.2 The existence of the contract shall be confirmed with the signature of the contract document,

    embodying all the agreements between the parties.

    Article 4: Corrupted Practices, Conflict of Interest and Inspection of Reports

    4.1 The Contracting Authority can request the Court to declare as illegal the contract, if he discovers

    that the Contractor carried out corruptive acts. Corruptive acts include all acts described in Article

    26 of the Law on Public Procurement.

    4.2 The Contractor should not have relations (current or past ones) with any of the consultants or anyother entity, which participated in the preparation of the Tender Documents for the named

    procurement.

    4.3 The Contractor should allow the Contracting Authority to inspect the accounts and the registers,

    which are related to the implementation of the Contract, or to nominate people appointed by the

    Contracting Authority, as controllers to inspect them.

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    Article 5: Confidential Information

    5.1 The Contractor and the Contracting Authority should keep as confidential all the documents, dataand other information provided by the other party, in relation with the Contract.

    5.2 The Contractor can give to a Sub-contractor such documents, data or other information taken bythe Contracting Authority to the extent required by the Sub-contractor to carry out its part of the

    work, in accordance with the Contract. In these cases, the Contractor shall include in his contract

    with the Sub-contractor a provision, which deals with confidentiality, as mentioned above inParagraph 5.1.

    Article 6: Intellectual Property

    6.1 Except when otherwise provided in the Contract, all the rights of intellectual property, provided

    by the Contractor during the implementation of the Contract, shall belong to the Contracting

    Authority, which may use them, as it deems appropriate.

    6.2 Except when otherwise provided in the Contract, the Contractor, after the end of the Contract,should submit to the Contracting Authority all the reports and other data, such as maps, diagrams,specifications, plans, accounts, statistics and supporting registers or materials gathered or prepared

    by the Contractor during the implementation of the Contract. The Contractor can keep copies of

    these documents and data, but he should not use them for purposes, which are not related to theContract, without a preliminary written permission of the Contracting Authority.

    6.3 The Contractor should insure the Contracting Authority against the lack of responsibility forinfringement of rights related to the intellectual property, which may arise from the production or

    distribution of Goods, in accordance with the Contract.

    6.4 If there is any claim or suit against the Contracting Authority, regarding any infringement of theintellectual property, caused during the implementation of the Contract or during the use of

    Goods, supplied in accordance with the Contract, the Contractor should provide to the ContractingAuthority all the evidence and the necessary information, which is related to the named suit or

    claim.

    Article 7: Goods Origin

    7.1 There is no restriction for the nationality of the origin of materials, except those which may be

    determined in any of the Resolutions of the General Assembly of the United Nations.

    7.2 The Contractor may be obliged to verify the origin of materials.

    7.3 For purposes of verification, origin implies the place where the materials were found,

    manufactured or raised. It is said that a certain material has been manufactured when, after

    production, processing, or gathering of components, the result is a new product, recognized in themarket, which is very different from the basic characteristics or from the use and scope of its

    components.

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    10.5 After the interruption of the spare parts production, the contractor should give free of charge to the

    Contracting Authority, if he requires, any product, instrument, design of the spare parts used to produce

    and maintain the Goods.

    Article 11: Packaging

    11.1 The Contractor shall deliver the Goods, in the manner and packaging form, as specified in the Contract.

    11.2 Unless otherwise provided in another article of the contract, it may be assumed that Goods were not

    delivered in the manner and packaging form, as specified in the Contract, if this manner or form wasdifferent from the usual manner used for items of the same type or if the usual manner is no longer

    available, in a manner appropriate for the maintenance and protection of Goods.

    Article 12: Tests and Inspections

    12.1 The Contractor should perform all tests and inspections, requested by the provisions of theContract. The cost of these tests and inspections should be entirely financed by the Contractor,

    within the price of the Contract.

    12.2 With its own expense, the Contracting Authority is entitled to follow the tests and/or inspections.

    12.3 The Contracting Authority may ask to the Contractor to make additional tests and inspections,

    which were not foreseen in the Contract, but which have been judged as necessary to verify that

    the Goods are in conformity with the specifications and with the Contracts terms and conditions.The Contracting Authority will be charged with the cost of these tests. In addition, if these tests

    obstruct the work progress of the Contractor, the Contracting Authority shall agree to change the

    Delivery Schedule.

    12.4 The Contracting Authority shall reject any Goods, which do not pass the test and/or inspection, or

    is not in conformity with the Technical Specifications and the conditions, set for the execution ofthe Contract.

    12.5 Neither the performance of tests, nor the inspection of the Goods, shall free the Contractor from

    any guarantee or other obligation, in accordance with the Contract.

    Article13: Delivery conditions

    13.1 The contractor is obligated to perform all the activities and acts of delivering, except when the Contractoris specifically disqualified from such an activity or act by a provision of the contract. If any Incoterm is

    used to describe the parties obligations, the term shall have the meaning given by the last publication of

    theIncoterms, published by the International Chamber of Commerce.

    13.2 The place of Goods delivery shall be as specified in the contract.

    13.3 Delivery time of Goods and final date of the Related Services shall be as specified in thecontract.

    13.4 Delivery of Goods should be done during working hours, except when otherwise provided in the contract.

    13.5 The contractor is obligated to give to the Contracting Authority a reasonable notification on the Goods

    delivery before their departure.

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    Article 14 Transport of Goods

    14.1 The contractor i obligated to provide loading and transportation of the as required, in order to accomplish

    the terms and conditions specified in the contract.

    14.2 If the contracting authority is obligated to receive the Goods by a tranposrtation vehicle or transportation

    agency, the contractor should give prior reasonable notice of the transportation and should give to thecontracting authority all the necessary documents to receive the Goods.

    14.3 If the supplier [Contractor] is obligated to deliver the goods in the transportation vehicle in a placespecified in the contract, the risk of loss is transferred to the contracting authority only when the gods are

    delivered in the transportation vehicle in the specified place. The fact the supplier [Contractor] is

    authorized to keep the representative documents of the goods does not influence the risk transfer.

    Article 15: Security

    15.1 Unless otherwise provided with a different provision of the contract, the Contractor shall insure that the

    Goods to be delivered following the Contract are completely secured against loss or damage during

    transport, depositing or delivery.

    Article 16: Examination and Acceptance of Goods

    16.1 Prior to accepting, the Contracting Authority has the right to examine, inspect and test the Goods. This

    activity shall be carried out immediately following the Goods delivery. The Contractor has the right to

    participate in this activity and to examine the activity reports, drafted by the Contractor Authority or its

    agents.

    16.2 The Contracting Authority shall accept or refuse the Goods immediately after their delivery, and shall

    provide the Contractor with a written notice regarding its actions to accept or refuse the Goods.

    Article 17: Guarantees

    17.1 The Contractor guarantees that the Goods are new, unused and belong to the last models, and thatthey embody all latest updates and improvements in terms of designs, materials, except when

    otherwise provided in the Contract.

    17.2 The Contractor is responsible for any defects or unfitness that existedat the moment when the risk

    passed to the Contracting Authority, even when the defect appears after this moment.

    17.3 The Contractor is responsible even for the unfitness that is verified after the moment indicated in

    the above paragraph and that comes from the non-fulfillment of any obligation, including thewarranty that the Goods will be suitable for their common or specific usage for a certain period of

    time, or that will retain its quality and specified characteristics.

    17.4 Except otherwise provided by another provision of the contract or by law, the Contracting Authority

    looses his right to challenge things for defects, if he does not notify the Contractor, within ten days

    of the discovery, specifying their nature.

    17.5 The Contracting Authority Autoriteti shall provide the Contractor all the reasonable opportunities forthe Contractor to inspect such defects.

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    17.6 Upon receipt of such notice, the Contractor shall promptly repair or replace the defective Goods or

    parts thereof at no cost to the Contracting Authority.

    17.7 If after receiving notice, the Contractor fails to remedy the defect within a reasonable period, theContracting Authority may proceed, at the Contractors expense, to take such remedial action as

    may be necessary.

    17.8 In any case, the Contracting Authority looses his right to challenge things for defects if he does not

    exercise his right within two years from the date of delivery of such things to him, provided suchterm is not contrary with the duration of a contractual warranty.

    17.9 The Contractor cannot take advantage of the rules provided in herein if the defects deal with facts

    within his knowledge or that could not have been unknown to him and these were not brought to

    the attention of the Contracting Authority.

    Article 18: Contract Price

    18.1 The contract price shall be the price submitted with the Contractors tender and accepted by theContracting Authority.

    18.2 Except when otherwise provided in another provision of the Contract, the contract price shall

    include the costs and tariffs, including customs duties related to the delivery of Goods, paymentfor transport, security, installation, loadind and unloading, instructions, manuals, and the

    documents in a specified language, which are necessary for a normal use, maintenance and Goods

    repairment. The value for taxes and tariffs shall be determined following the laws in force, 28days before the tender opening.

    Article 19: Payment time limits

    19.1 The contract price, including any advance payment, should be paid on time, as specified in the

    Contract.

    19.2 Except when otherwise provided in another provision of the Contract, the payment shall be

    effectuated with Albanian currency. The exchange rate for different currencies shall be the rate of

    the Bank of Albania of the day the contract notice was sent, as established in the contract.

    19.3 Except when otherwise provided in another provision of the Contract, the Contractors request forpayment shall be addressed in writing to the Contracting Authority. For any request the Contractor

    shall submit the original and the copy, accompanied by a list of items describing the delivered

    Goods and the performed services.

    19.4 Except when otherwise provided in another provision of the Contract, the payment for the Goods

    shall be effectuated within 30 calendar days, from the day the Goods have been accepted, or theday of request receipt, whichever comes later.

    19.5 The date of payment shall be the date when funds are transfered from the bank account of theContracting Authority.

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    Article 20: Delays in Payment

    20.1 The compensation of damages, which were caused by delays in payment, consist in the usurygathered from the date of the beginning of delay (by the Contracting Authority) in the official

    currency of the country where the payment shall be effectuated. Law shall establish the percentage

    of the usury. At the end of each year, the usuries shall be added to the total amount, on which theyare calculated.

    20.2 The legal usury is paid without forcing the creditor (the Contractor) to prove any damage. If thecreditor (the Contractor) proves that he has undergone a higher damage than the legal usury, the

    debtor (Contracting Authority) should pay the remaining value of the damage.

    20.3 Where the contracts provides a periodical transport or a group transport of Goods and the

    contracting party has not paid previous transports, the Contractor shall have the right to halt thetransport of other groups, till payment is effectuated, including the earned interest.

    Article 21: Amendment of the Law and Rules

    21.1 If, after the date of contract signing, any law, regulation, directive or procedure with the effect ofthe law in the Republic of Albania comes into force, is issued or amends and affects the

    conditions, including the date of delivery, or the contract price, the terms and conditions and the

    price of the Contract shall be regulated at the extent the Contractor has been affected in meetinghis obligations, in accordance with the Contract.

    Article 22: Force Major

    22.1 The Contractor should not be held responsible for the loss of the Contract Security, for liquidateddamages or cancellation for non-fulfillment, if, and to the extent the delay or any other failure in

    carrying out his obligations in accordance with the contract, is the result of a force major.

    22.2 For the purposes of this article, Force Major means an unforeseen happening or event outside

    the control of the Contractor regarding fault or negligence. These events can include, but are not

    limited to the actions of the Contracting Authority, in its sovereign or contractual capacities, waror revolutions, fire, flood,