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					                                                                                    ANNEX 1


          SPECIAL CONDITIONS GOVERNING THE CALL FOR TENDER
                          CFT/ESO/APEX/02/xxxx/NFI
                           (in addition to the "General Conditions
             Governing Invitations to Tender and Tenders – Munich July 2002)


1.     GENERAL PROVISIONS

       The terms "PROJECT" and "WORK", used in the present Call for Tenders documents,
       shall be considered equivalent to the term "SUPPLIES", as defined in Article 1 of the
       “General Conditions of ESO Contracts, Munich July 2002":


2.     STRUCTURE OF THE TENDER

       The Tender shall be presented in such a way that it can be related, point by point, to
       the requirements, in the form and in accordance with any specific provisions specified
       hereafter.

       The Tender shall be subdivided into the following main elements:

2.1.   the TENDER FORM including prices, payment scheme, delivery time, country/ies of
       origin of the supply, subcontractors and in general the contractual response (cf. Article
       4 hereafter);
2.2.   the Schedule and Management Plan (cf. Article 7 hereafter):

3.     TENDER FORM

        Tenders cannot be considered unless they are submitted on TENDER FORM
        “CFT/ESO/APEX/02/xxxx/NFI ", which is enclosed (see Article 2 of the “General
        Conditions Governing Invitations to Tender and Tenders – Munich July 2002”).


        The Unit Rates for changes or additional services shall be quoted under item 2.1 of
        the Tender Form. They shall include all elements that may have an impact on the
        calculation, included but not limited to overheads and profit.

       The TENDER FORM must be completed accurately and fully without any
       erasures or omissions and must be signed by the Tenderer.


4.     SUPPLEMENTARY OFFER

       Any relevant contractual and financial information, necessary for a clear understanding
       of the Tender, must be submitted in a SUPPLEMENTARY OFFER together with the
       TENDER FORM.
 European                Atacama Pathfinder Experiment (APEX)          Doc.:APEX-SCO-xxxxx-xxxx
 Southern                 Chajnantor Site, Antenna Foundation          Issue : 1
 Observatory                                                           Date : September 26, 2002
                     Special Condition Governing the Call for Tender   Page : 2
                              CFT/ESO/APEX/02/xxxx/NFI


5.     COST OF TENDER PREPARATION

       The Tenderer shall bear all costs associated with the preparation and submission of
       his Tender; ESO will in no case be responsible or liable for these costs, regardless of
       the conduct or outcome of the Tender process.


6.     TENDER PRODUCT LIST

       Not requested for this Call for Tenders


7.     SCHEDULE AND MANAGEMENT PLAN

       In accordance with Article 5 of SOW, this plan must be submitted by the Tenderer with
       his Tender documents. The plan must include all items of the said SOW and other
       relevant information concerning the Schedule and Management aspects of the Tender,
       and in particular:
7.1.   A management and organization chart, including the subcontractors, stating the name,
       experience and qualification of the senior staff in charge of the Work.
7.2.   Explanations and descriptions of labor resources, organization charts, interface
       clarifications and required engineering and design work.
7.3.   A breakdown of Contractor's, subcontractors' and sub-subcontractors' staff and
       personnel required for each phase of the Work, both in number and category and/or
       qualifications.


8.     CONTRACTOR´s WATER CONSUMPTION REQUIREEMNTS

       ESO will not supply water to the contractor.

       The contractor shall supply all the necessary water for her construction activities and
       human consumption, in the place of the work and temporary installation.


9.     CONTRACTOR´s POWER GENERATION AND CONSUMPTION REQUIREEMNTS

       ESO will not supply electrical energy to the contractor.

       The contractor shall generate and supply electric power for her construction activities, in
       the place of the work and temporary installation.




10.    TECHNICAL PROPOSALS REQUIRED FOR MANDATORY ALTERNATIVES AND
       OPTIONS

       Not requested for this Call for Tenders


11.    PRICES
 European                 Atacama Pathfinder Experiment (APEX)          Doc.:APEX-SCO-xxxxx-xxxx
 Southern                  Chajnantor Site, Antenna Foundation          Issue : 1
 Observatory                                                            Date : September 26, 2002
                      Special Condition Governing the Call for Tender   Page : 3
                               CFT/ESO/APEX/02/xxxx/NFI



         Prices shall be quoted in EURO ( see Article 3.1 of the “General Conditions Governing
        Invitations to Tender and Tenders – Munich July 2002”).

        Prices shall be deemed to be net, firm and not subject to revision for the entire period
        of the Contract.

        Prices shall be quoted free of taxes and customs duties (see Article 3.2 of the General
        Conditions Governing Invitations to Tender and Tenders, Munich July 2002”).

        Prices shall include all supplies and services of whatever nature, necessary for the
        execution of the full Scope of Work and supply.


12.     PAYMENT SCHEME

12.1.   The payment scheme is specified in the TENDER FORM whereby payments are linked
        to the completion of Milestones as listed therein.

12.2.   Any payment, requested by the Contractor up to the Provisional Acceptance, shall be
        considered as an advance payment and shall only be made by ESO when the
        Contractor has obtained from a bank, approved by ESO, a joint and several banker's
        guarantee in ESO's favour, for an amount equal to the sum demanded from ESO and
        valid until the Provisional Acceptance of the entire Scope of Work and Supply of the
        contract.

12.3    After Provisional Acceptance of the entire Scope of Work and Supply of the contract,
        and for the duration of the guarantee period up to the Final Acceptance, ESO will
        withhold the payment of 10 % (ten per cent) of the contract price as security for
        warranty obligations. Said withhold can be released against presentation of a joint and
        several banker's guarantee for the same amount and in ESO’s favour, valid for the
        duration of the guarantee period.

12.4    Payment of each milestone will be performed by ESO within 30 days after the actual
        achievement date of the corresponding activity, however not earlier than the defined
        Contractual Payment Dates.


13.     PERFORMANCE SCHEDULE - TIME LIMITS - PENALTIES FOR DELAYS

13.1.   A penalty clause for late delivery is in the Contract in accordance with Article 29 of the
        "General Condition of ESO Contracts, Munich, July 2002".

13.2.   For every calendar day of delay in delivery of a any Milestone, the Contractor shall
        pay to ESO a penalty of 0,5 % (zero comma five per cent) of the respective contract
        price.

13.2.1. The total amount of such penalties shall be limited to a maximum of 10 % (teen per
        cent ) of the total contract price.


14.     COUNTRY/IES OF ORIGIN OF THE SUPPLY
 European                 Atacama Pathfinder Experiment (APEX)          Doc.:APEX-SCO-xxxxx-xxxx
 Southern                  Chajnantor Site, Antenna Foundation          Issue : 1
 Observatory                                                            Date : September 26, 2002
                      Special Condition Governing the Call for Tender   Page : 4
                               CFT/ESO/APEX/02/xxxx/NFI


        The country/ies of origin of the supply has/have to be indicated in the Tender Form.
        Tenderers shall complete the Geographical Distribution Form, showing the countries in
        which activities are performed or from which significant purchases are made.


15.     SUBCONTRACTORS
        (in complement to Article 8 - Assignment - Sub-contracts - Sub-orders - of the "General
        Condition of ESO Contracts, Munich July 2002").

15.1.   The Tenderer shall indicate in the TENDER FORM the proposed subcontracts, the
        country of origin of the subcontractor, the place of execution of the subcontracted work
        as well as the corresponding share in per cent of the total price of the Tender.

15.2.   Preference should be given to subcontractors from ESO Member States, unless
        competent firms from non-Member States offer a more advanced technology/quality, or
        if significant financial or time savings can be achieved, or ESO has an establishment in
        this non-Member State, i.e. Chile. In any case the main Contractor has the full
        responsibility for the subcontractor's performance, including the provision that the
        subcontractor is not subject to any export restrictions.

15.3.   Information for the Subcontractors

        The Contractor is entirely responsible for furnishing the subcontractors with all relevant
        information concerning their obligations and responsibilities under the terms of the
        Contract. The subcontractors must rigorously observe these obligations and may not
        plead ignorance thereof to justify any attitude or action running counter thereto.


16.     PROVISIONAL ACCEPTANCE

        (cf. Article 15 of the "General Condition of ESO Contracts, Munich July 2002"),
         and Article 9 of the SOW)
16.1.   Provisional Acceptance shall take place at the ESO Chajnantor Site in Chile. A
        Certificate of Provisional Acceptance shall be drawn up jointly.

16.2.   Property in the Supplies shall pass to ESO with the signature date of the Provisional
        Acceptance Certificate.

16.3.   When, during the Provisional Acceptance Procedure, reservations have been officially
        expressed by ESO, the Contractor must devote his full and immediate attention to
        modifying or finishing the works which are subject to reservation within the specified
        time-limit.

16.4.   If ESO deems that the urgency of this work requires its direct intervention, then ESO
        may within thirty calendar days serve notice on the Contractor by registered letter,
        ordering execution of the works. Upon expiry of the imposed time-limit ESO shall be
        free to entrust this work to another supplier, and the resulting costs shall be borne
        entirely by the Contractor and deducted from the sum of the bank guarantee. Where
        the safety of persons or property is in danger, the necessary measures shall be taken
        by the Contractor, urgently and with a minimum delay, or by ESO, at Contractor’s
        expense after sending prior notice by wire to the Contractor.
 European                 Atacama Pathfinder Experiment (APEX)           Doc.:APEX-SCO-xxxxx-xxxx
 Southern                  Chajnantor Site, Antenna Foundation           Issue : 1
 Observatory                                                             Date : September 26, 2002
                       Special Condition Governing the Call for Tender   Page : 5
                                CFT/ESO/APEX/02/xxxx/NFI


17.     FINAL ACCEPTANCE

17.1.   Final Acceptance of the Contractor's Supplies shall be granted in accordance with the
        provisions of Article 17 of the "General Condition of ESO Contracts, Munich July
        2002"),

17.2.   A Certificate of Final Acceptance shall be drawn up jointly by ESO and the Contractor.


18.     CANCELLATION OF CONTRACT

        ESO's right to cancel the Contract for reasons of delay according to Article 29.5 and
        30.1 of the “General Condition of ESO Contracts Munich July 2002 ", shall be qualified
        as follows:

18.1    In case of failure to complete all or part of the Contract, in particular to deliver the
        supplies within the contractual time limits, ESO may cancel the Contract, if the
        Contractor fails to complete within a period of 30 (thirty) days after ESO has given
        the Contractor formal notice by registered letter.

18.2    In the instance of such cancellation, the Contractor shall refund to ESO all payments
        received under the Contract together with their accrued interests.

18.3    In addition, the Contractor shall pay to ESO any penalties for late delivery having
        accrued at the time of such cancellation.

18.4    In addition, the Contractor shall pay to ESO a penalty for cancellation in the amount
        of 15 % (fifteen per cent) of the total contract value of the Supplies.

18.5    It is understood between the parties, that upon payment by the Contractor of the
        money and penalties set out in this Article, ESO shall not have any further claims for
        non-completion of the Contract or damages. Article 30.2 of the “General Condition of
        ESO Contracts Munich July 2002 ", does not apply to this Call for Tenders and its
        subsequent Contract.


19.     DEFECTIVE WORK

19.1.   When during installation of the Work and Supplies, but before the Provisional
        Acceptance, the Work and Supplies or parts thereof have been deemed defective or
        inconsistent with the contractual documents, they shall be removed at the expense
        and risk of the Contractor should ESO so ordain. The Contractor must recommence
        the construction according to the specifications and within the framework of the overall
        planning. No extension of the time-limit will be granted in such circumstances.

19.2.   Should the Contractor refuse to meet these specifications, ESO reserves the right,
        eight days after serving notice on the Contractor, to have this work or related work
        (meeting the same specification) undertaken by another supplier, and all expenses
        thus incurred shall be borne by the Contractor.

19.3.   When installations which are deemed defective cannot be proceeded with under
        conditions described above, the Total Contract Price shall be subject to a percentage
        reduction to be fixed by ESO. In case of dispute, this reduction shall be fixed by an
        expert, accepted by both parties and whose fees shall be paid by the Contractor. In
 European                Atacama Pathfinder Experiment (APEX)           Doc.:APEX-SCO-xxxxx-xxxx
 Southern                 Chajnantor Site, Antenna Foundation           Issue : 1
 Observatory                                                            Date : September 26, 2002
                      Special Condition Governing the Call for Tender   Page : 6
                               CFT/ESO/APEX/02/xxxx/NFI


        case of dispute over the choice of expert, the parties shall resort to arbitration
        according to the procedure laid down under the terms of this Contract.


20.     GUARANTEE

        Article 16.3 of the “General Condition of ESO Contracts Munich July 2002", is
        amended as follows:
20.1.   For items rejected during the guarantee period and subsequently repaired, modified or
        reconstructed, the contractual guarantee period shall recommence on the date of the
        Provisional Acceptance of such repairs, modifications or reconstructions.
20.2.   Corresponding security must be provided according to Article 21.2 of the “General
        Condition of ESO Contracts Munich July 2002 " until the Final Acceptance.
20.3    The guarantee period shall be 2 (two) years for concrete and for all other work,
        starting with the date of Provisional Acceptance.

20.4    In taking a decision according to Article 16.3 of the “General Condition of ESO Contracts
        Munich July 2002" ESO will not request a replacement if reparation or modification will be
        sufficient. ESO may in such instance also consider whether the corresponding part of the
        purchase price together with its accrued interest shall be reimbursed by the Contractor.

20.5    If replacement of the supplies or part thereof is requested, ESO will hold it on the
        Contractor's behalf and at the Contractor's risk for a period of one month. Thereafter,
        the supplies or part thereof shall be at the disposition of ESO as it sees fit. The time
        for any such replacement shall not exceed 4 (four) months. The penalty clause for late
        delivery shall apply for the period during which the supplies or part thereof will be
        unavailable.

20.6    If the attempts of the Contractor at repair, modification or adjustment of the supplies
        fail and cannot be remedied by replacement, ESO shall be entitled to reimbursement
        of the purchase price for the supplies together with its accrued interest. ESO may in
        such instance also retain the supplies and request appropriate reimbursement by the
        Contractor of a part of the purchase price.


21.     WATER AND ELECTRICITY

        ESO will not supply water and electrical power to the contractor´s construction operator.

        See the relevant information provided in articles 8 and 9 here before, in SOW and in
        the Technical Specifications.

22.     SHIPPING / IMPORT / CUSTOMS PROCEDURES

        Not requested for this Call for Tenders

23.     RELATIONS WITH THE NATIONAL ADMINISTRATION(S) IN CHILE

        It is the Contractor's responsibility, on behalf of himself and his subcontractors, to
        acquaint himself with and fulfill the administrative formalities laid down by the
        competent authorities and statutory bodies of the country on which soil the works, as
        defined in the Contract, are being carried out.
 European               Atacama Pathfinder Experiment (APEX)           Doc.:APEX-SCO-xxxxx-xxxx
 Southern                Chajnantor Site, Antenna Foundation           Issue : 1
 Observatory                                                           Date : September 26, 2002
                     Special Condition Governing the Call for Tender   Page : 7
                              CFT/ESO/APEX/02/xxxx/NFI



       ESO must receive a copy of all correspondence entered into by the Contractor with the
       authorities.

24.    INSURANCES

       Not requested for this Call for Tenders

25.    LANGUAGE

       All Tender documents must be drawn in English ( including the Tender Form ). Any
       communication and correspondence between ESO and the Tenderer shall be in
       English.

       This will also apply to the Contract Document and subsequent communication and
       correspondence.

       Nevertheless, Spanish translation may be exchanged for easy reference, in addition to
       some manuals, instructions and other documentation, signs and the like that must also
       be drawn up in Spanish.


26.    GENERAL INFORMATION ON TENDERER'S STATUS

       Tenderer's Legal Status and Organization

       Tenderers shall be legally identified; they shall indicate whether and how they have
       associated themselves for the submission of the Tender and later will associate
       themselves for the execution of the Contract, e.g.: Consortium, Joint Venture, Main
       Contractor/Subcontractor etc., and shall define their responsibility and liability
       depending on the form of association selected and confirm their registered addresses
       and persons empowered to act as representatives.

       Tenderers shall ensure that the same information relating to proposed subcontractors
       has either been submitted already in the same way, or is submitted together with the
       Tender.

       Upon request by ESO, Tenderers shall submit any additional information required
       under this present Article.


27.    ALTERNATIVES OFFERS

       In addition to a basic Tender, strictly complying with the attached Technical
       Specification, Tenderers may submit voluntary alternatives which present technical
       and/or financial advantages. ESO reserves the right to disregard such a submission, if
       the basic tender in compliance with the requirements is not available simultaneously.


28.    EXAMINATION OF DOCUMENTS                  OF THE       OBSERVATORY AT CHAJNANTOR
       SITE - CHILE

       (“ in complement to Article 2.7 of the General Condition Governing Invitations to
       Tender and Tender, Munich July 2002")
 European                 Atacama Pathfinder Experiment (APEX)           Doc.:APEX-SCO-xxxxx-xxxx
 Southern                  Chajnantor Site, Antenna Foundation           Issue : 1
 Observatory                                                             Date : September 26, 2002
                       Special Condition Governing the Call for Tender   Page : 8
                                CFT/ESO/APEX/02/xxxx/NFI



28.1.   Each Tenderer is requested to fully inform himself and to record his own investigations
        as to the extent of the Work, the conditions under which the Work is to be performed,
        the existing buildings and roads, conditions of the area, material deposits, existing
        utilities and other features, type of soil, available facilities and difficulties that may be
        encountered in connection therewith, and other relevant items which will affect his
        tender or the Work.

28.2.   Prior to submitting a Tender, each Tenderer is requested to examine all of the tender
        requirements, all contract documents, all specifications for the Project; he must
        become familiar with the Scope of the Work and with all factors and items of work
        which will affect his tender or the Work.

28.3.   Should the documentation, the drawings of whatever nature show any unclarities or
        contradictions, the Tenderers shall inform ESO and ask for clarifications prior to the
        submission of the Tenders, through the Questions Form – Annex 7.
28.4.   No compensation will be allowed to the Contractor as a result of misunderstandings of
        the extent of the Work, or as a result of his failure to study and record his own
        findings.

28.5    Tenderers are requested to visit Chajnantor site , in Decmber 00, 2002. Such visit
        must be coordinate at least 2 days advance with the ESO – Antofagasta Office , with
        Mr. Jörg Eschwey / Giuseppe Medves.

        ESO Antofagasta         Telephone: 00 56 55 430387 / 0056 55 430388

                                           Fax 0056 55 430389

        E/Mail    jeschwey@eso.org / gmedves@eso.org



29.     ACKNOWLEDGEMENT OF RECEIPT

        Invitees to tender are requested to send by return of post to ESO the form
        “Acknowledgement of Receipt”, attached as Annex 6 to this call for tenders, stating
        whether or not they intend to submit a tender

        Failure by a Tenderer to return the Form might have the consequence that he will not
        be included in the mailing list for replies to Tenderers' queries or other correspondence
        related to the Call for Tenders.


30.     AMENDMENTS TO THE CALL FOR TENDERS

        ESO reserves the right to issue amendments to the present Call for Tenders at any
        time prior to the closing date for the submission of Tenders.


31.     QUESTIONS RELATING TO THE CALL FOR TENDERS OR TENDER

        For any questions by invitees to tender concerning the present Call for Tenders as well
        as any request for documentation referred to in this documents, tenderer shall fill in the
 European                Atacama Pathfinder Experiment (APEX)           Doc.:APEX-SCO-xxxxx-xxxx
 Southern                 Chajnantor Site, Antenna Foundation           Issue : 1
 Observatory                                                            Date : September 26, 2002
                      Special Condition Governing the Call for Tender   Page : 9
                               CFT/ESO/APEX/02/xxxx/NFI


       attached "Tenderer’s Query Form" (ANNEX 7) and return it to ESO no later than two
       weeks before the Closing Date to the following address:

       European Southern Observatory
       Mr. Nicolas Fischman
       Alonso de Córdova 3107,
       Vitacura, Santiago, Chile

       Telefax: 0056.2.463 3001
       Phone: 0056.2.463 3163                        e-mail : nfischma@eso.org


       Questions shall, where possible, make specific reference to the appropriate section(s)
       of the Call for Tenders' documents. When answering, ESO will forward the reply(ies)
       together with the question(s) received to all invitees to tender.

       ESO does not undertake to make any document available unless the Call for Tenders'
       documents specifically state that such document is available on request for the
       purpose of this Call for Tenders.


32.    INTELLECTUAL PROPERTY - RIGHTS OF ESO

       Any document submitted in reply to a Call for Tenders shall become the property of
       ESO. ESO will use commercially confidential or proprietary information solely for the
       purpose of the evaluation of the Tenders and the selection of the contractor. In the
       case of a successful Tender, documentation and information incorporated in the
       subsequent contract will be governed by Chapter VI - Intellectual Property and Patent
       Rights of the "General Conditions of ESO Contracts, Munich 1986".
       ESO reserves the right to disregard Tenders which purport to restrict the use of
       documents or information beyond these provisions.


33.    ROYALTIES AND LICENCE FEES

       ESO will only accept to pay licence fees or royalties on condition that:

       - they are clearly identified in the Tender, with the financial basis for their calculation,
       method of application and total amount; and

       - they are demonstrated to be of direct and necessary benefit to the work to be
       performed;

       - they are not merely the consequence of a general agreement or commitment to a
       third party;

       - they are applied only to that part of the effort to be performed by a contractor or
       subcontractor that is directly related to the subject matter of the licence or royalty
       agreement.
       A copy of the documents justifying the request for the payment of a licence fee or
       royalty, or the appropriate part thereof, shall be included in the Tender.


34.    THIRD PARTY COMMITMENTS
 European                  Atacama Pathfinder Experiment (APEX)          Doc.:APEX-SCO-xxxxx-xxxx
 Southern                   Chajnantor Site, Antenna Foundation          Issue : 1
 Observatory                                                             Date : September 26, 2002
                       Special Condition Governing the Call for Tender   Page : 10
                                CFT/ESO/APEX/02/xxxx/NFI



       The Tenderer shall indicate if he has entered into any arrangements or licence
       agreements as to intellectual property rights concerning the subject of the Call for
       Tenders, either as part of a general arrangement or with specific reference to the Call
       for Tenders. A copy of the document recording the commitment, or an appropriate part
       thereof, shall be submitted with the tender. If such arrangement or agreement would
       result in costs to be borne by ESO, these must be separately identified.


35.    RESERVATION AND RESTRICTIONS

       If as a result of
       -       a commitment with a third party as to intellectual property rights, or
       -       an existing intellectual property right of the tenderer, or a claim by the Tenderer
               that intellectual property rights will be generated under the contract which are
               not paid for by ESO, or
       -       any other reason,

       the Tenderer wishes to make any restriction on the rights of distribution and use, as
       foreseen and defined in the General Conditions of ESO Contracts of any data,
       including documentation, related to the work under the contract, such proposed
       restriction must be clearly defined and justified in the Tender.
       It will be taken into account in the evaluation and, if contrary to the stated objectives of
       the Call for Tenders, might render the Tender unacceptable. ESO will not accept
       reservations made subsequent to the closing date of the Call for Tenders.


36.    SECRECY UNDERTAKING

       Tenderers having received the present Call for Tenders documents undertake to use
       the drawings and/or other engineering particulars passed on to them by ESO, and/or
       any of the information embodied therein, solely for the purpose for which they were
       released to them and to make no other use thereof; they moreover undertake to treat
       such drawings, particulars and information in strictest confidence and to limit the
       disclosure of such drawings and/or particulars or copies thereof, and of the information
       embodied therein, even within their company to such staff members who are
       committed by law and/or by the provisions of their employment contract to observe
       secrecy with regard to business matters. They shall, therefore, refrain from passing on
       the drawings and/or particulars received from ESO or copies thereof or any information
       embodied therein, to any third party by communication or publication or otherwise.

       They recognize that the receipt of these drawings, particulars and/or information from
       ESO does not constitute a prior use by them in terms of the patent law, and they,
       therefore, shall not make their receipt a reason for claiming a prior use right to any
       patent applications which may be filed later by ESO or by the inventor with ESO's
       consent.

       The above secrecy obligations and limitations of use shall not extend to details, know-
       how or experience, however, when and as far as these constitute known prior art
       accessible to the public, or have already been in their possession before information
       from ESO or as far as such drawings, particulars and/or information are lawfully
       acquired by them from third parties.
 European                Atacama Pathfinder Experiment (APEX)           Doc.:APEX-SCO-xxxxx-xxxx
 Southern                 Chajnantor Site, Antenna Foundation           Issue : 1
 Observatory                                                            Date : September 26, 2002
                      Special Condition Governing the Call for Tender   Page : 11
                               CFT/ESO/APEX/02/xxxx/NFI


37.    CLOSING DATE

       (cf. Article 2.8 of the General Conditions Governing Invitations to Tender and Tenders,
       Munich, July 2002 ).

       The closing date for this Call for Tenders is set at :

                                        November 29, 2002

       The accepted date of dispatch by special delivery will be as per postmark or, in case of
       special delivery, as per Courier Consignment Note.

       Offers will be received until 12:00 a.m. of said date at Alonso de Cordova 3107,
       Vitacura, Santiago. Tenders received later will not be considered.


38.    VALIDITY OF TENDERS

       Article 2.2 of the “General Conditions Governing to Tender and Tenders, Munich July
       2002” is amended as follows:

       A offer shall commit the Tenderer for a period of 90 calendar days from the closing
       date for the dispatch of Tenders, as specified in this invitation for tender.




39.    PACKING AND DISPATCH OF TENDERS

       The Tender shall be mailed to ESO in three copies by special courier service, or hand
       delivered against Acknowledgement of Receipt. Three copies of the Tender Form
       and of any other financial information shall be dispatched in double envelope. The
       inner envelope shall be sealed and shall be without indication of origin but marked with
       the definition of the supplies or services and the reference number of the Call for
       Tenders.

       Both sides of the envelope shall be marked as follows:

       CONFIDENTIAL - TO BE OPENED BY THE AWARD COMMITTEE ONLY

       The outer envelope, carrying the Tenderer's name and address shall be sent to the
       following address:

       EUROPEAN SOUTHERN OBSERVATORY
       Contracts & Procurement
       Mr. Nicolas Fischman
       Alonso de Córdova 3107,
       Vitacura, Santiago, Chile


40.    INFORMATION ON DISPATCH OF TENDERS

       At the time of the dispatch of a competitive tender, the Tenderer shall send by telefax
       or e-mail the following information to ESO, Contracts & Procurement,
 European                 Atacama Pathfinder Experiment (APEX)           Doc.:APEX-SCO-xxxxx-xxxx
 Southern                  Chajnantor Site, Antenna Foundation           Issue : 1
 Observatory                                                             Date : September 26, 2002
                       Special Condition Governing the Call for Tender   Page : 12
                                CFT/ESO/APEX/02/xxxx/NFI



       attn.: Mr. Nicolas Fischman, (nfischma@eso.org).


       -       reference n° of the Call for Tenders
       -       date and place of mailing
       -       number of parcels
       -       airway bill number of courier consignment note
       -       name of carrier
       -       name of the person responsible for posting
       -       name of the Tenderer.


       If, the above-mentioned formalities having been fulfilled, the Tender does not reach
       ESO within 1 week after the closing date, the Tenderer will be informed and an
       extension may be granted in order to allow him to forward duplicates. Tenders arriving
       after the expiry of this extension will not be taken into consideration.


41.    CLARIFICATIONS OF TENDERS

       ESO reserves the right to ask Tenderers for clarifications of their Tenders during the
       evaluation period. Answers, addressed in writing to the nominated officer of Contracts
       & Procurement, must be received within three days of dispatch of the request, if no
       other period is stated. Clarifications shall not be regarded as amendments or
       modifications of the Tender.


42.    NO INFORMATION ABOUT EVALUATION DURING EVALUATION PERIOD

       Tenderers are not entitled to contact ESO staff during the evaluation and selection
       period to ask for information on the evaluation. ESO reserves the right to eliminate
       from the evaluation a Tenderer contravening this provision.


43.    AMENDMENT, WITHDRAWAL OR RESUBMISSION OF THE TENDER

       Amendment, withdrawal or resubmission of the Tender will be permitted if they reach
       ESO before the closing date and time, in accordance with the dispatch conditions.


44.    EVALUATION OF THE TENDERS

       Prior to the detailed evaluation of the Tenders, ESO will determine the substantial
       responsiveness of each Tender to the requirements of the documents of the Call for
       Tenders. A substantially responsive Tender is one which conforms to all the terms,
       conditions and specifications of the documents of the Call for Tenders without
       material deviations or reservations.
       A material deviation or reservation is one which affects in any substantial way the
       scope, the quality, the quantity or the performance of the Work, or which limits in
       any substantial way, inconsistent with the documents of the Call for Tenders, ESO's
       rights or the Tenderer's obligations under the Contract and the rectification of which
 European               Atacama Pathfinder Experiment (APEX)           Doc.:APEX-SCO-xxxxx-xxxx
 Southern                Chajnantor Site, Antenna Foundation           Issue : 1
 Observatory                                                           Date : September 26, 2002
                     Special Condition Governing the Call for Tender   Page : 13
                              CFT/ESO/APEX/02/xxxx/NFI


       would affect unfairly the competitive position of other Tenderers having presented
       substantially responsive Tenders.
       If a Tender is not substantially responsive to the requirements of the documents of
       the Call for Tenders, it will be rejected by ESO and, subsequently, cannot be made
       responsive by the Tenderer by correction or withdrawal of the deviation or reservation.
       ESO's determination of a Tender's responsiveness is to be based on the contents of
       the Tender itself without recourse to extrinsic evidence.
       ESO will only evaluate the Tenders having been previously determined to be
       substantially responsive, pursuant to the above.


45.    INFORMATION ABOUT THE RESULT OF THE CALL FOR TENDERS/
       NOTIFICATION OF AWARD OF CONTRACT

       Tenderers will be informed in writing of the result of the Call for Tenders after a
       decision has been taken. Upon receiving notice that his Tender has been
       unsuccessful, a Tenderer may request the nominated officer of Contracts &
       Procurement to advise him of the reasons why the Tender has not been retained. Any
       information will be limited to the Tenderer's own Tender. The decision on the result of
       the Call for Tenders will be without appeal, and ESO will not enter into correspondence
       on the reasons for the decision.



46     GENERAL CONDITIONS OF ESO CONTRACTS, MUNICH JULY 2002

       The provisions as stated hereafter shall apply, except for the extent that they have
       been modified in the above Articles 1 through 45 of the present Call for Tenders:

       -   “General Conditions Governing Invitations to Tender and Tenders, Munich July
           2002” (ANNEX 2) and,

       -   “General Conditions of Contracts – Munich July 2002 (ANNEX 3)


47.    COMPLIANCE WITH CONTRACT CONDITIONS

       The Tenderer shall explicitly state that the contract conditions are read, understood and
       accepted and that any sales conditions of his own do not apply. In case, exceptionally,
       that he wishes to propose modifications or amendments, the full text of such
       modifications or amendments shall be given and the reasons for their being requested
       be clearly explained.


48.    RESERVATIONS

       Any reservations to the requirements, or proposed modifications or amendments to the
       contract conditions will be taken into account in the evaluation. Acceptance of a Tender
       containing reservations, or proposed modifications or amendments is not to be
       construed as acceptance of these, until such acceptance is stated in writing by ESO.


49.    SIGNING OF CONTRACT
European               Atacama Pathfinder Experiment (APEX)          Doc.:APEX-SCO-xxxxx-xxxx
Southern                Chajnantor Site, Antenna Foundation          Issue : 1
Observatory                                                          Date : September 26, 2002
                   Special Condition Governing the Call for Tender   Page : 14
                            CFT/ESO/APEX/02/xxxx/NFI



      Within 7 days of receipt of the contract document, the successful Tenderer shall sign
      and date the contract and return it to ESO.

				
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