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					                                  OPEN TENDER PROCEDURE

               FOR THE UPGRADING OF A RADIO ALERT SYSTEM FOR THE

                    DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

                                   TERMS AND CONDITIONS


1. OBJECT OF THE CONTRACT AND CONTRACT PRICE
 The Office of the President of the Council of Ministers – Civil Protection Department – Temporary
Mission Facility operating in SRI LANKA- has called for international tenders, through an open
tender procedure, for the supply of a radio alert system to the Democratic Socialist Republic of Sri
Lanka struck by the tsunami of 26.12.2004, in compliance with the technical specifications enclosed
herewith and constituting an integral part hereof.
The estimated total price of the contract is € 170,000.00 (Euro one hundred seventy thousand/00)
including taxes, custom duties, transport to the place of destination and any other charges. In this
respect, please note that the goods object of this tender will be purchased for humanitarian
purposes and, therefore, VAT or whatever applicable tax shall not be applied.
The object of the contract consists in the supply of three (3) VHF/FM radio stereo transmitters to the
Sri Lanka Broadcasting Corporation (National Broadcasting Service of Sri Lanka) for the upgrading
of three of the main national radio stations:
   -   Yatiyantota (District of Kegalle, Province of Sabaragamuva);
   -   Saputale (District of Badulla, Province of Uva);
   -   Karagahatenne (District of Matale, Central Province).
This document contains the information and sets the terms, to be observed under penalty of
rejection, necessary for submitting the tender.


2. TERMS FOR SUBMITTING THE TENDER
The tender and all the related documentation must be drawn up in both Italian and English.
Tenders submitted in another foreign language will be accepted as long as they are translated into
Italian and certified as being “in conformity with the foreign text” by the competent Authorities.
       The cover containing the tender must be addressed strictly to:
                                Office of the President of the Council of Ministers
                                           Civil Protection Department
                              Temporary mission facility operating in SRI LANKA
                                              Elvitigala Mawatha, 509
                                           COLOMBO 5 – SRI LANKA
and must be submitted, under penalty of rejection, under sealed cover and signed across the
closing flaps by the legal representative in a way such as to guarantee its integrity and secrecy, by
and no later than the date stated in point IV.3.4. (mandatory and peremptory time-limit) of the
tender at 1:00 p.m..
Delivery by hand is also accepted by and no later than the above said time-limit. For the purpose,
the person in charge of the mission facility shall issue a proper receipt.
Please note that the cover must bear the name of the Company, the abovementioned address and the
following wording:
    " CONTAINS REQUEST TO PARTICIPATE TO TENDER FOR THE UPGRADING OF A
 RADIO ALERT SYSTEM FOR THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA “
                                           DO NOT OPEN
The Administration shall be relieved of any responsibility concerning late deliveries and the
integrity of the covers containing the tenders. Tenders delivered to the registered office of the Civil
Protection Department – located at via Ulpiano, 11 and at via Vitorchiano, 4 Rome – ITALY will not
be accepted.
Covers delivered after the abovementioned time-limit shall be deemed undelivered.


3. CONTENT OF THE COVER


Under penalty of rejection, two separate envelopes must be enclosed in the cover, to be marked
respectively with the letters "A" and "B", sealed and countersigned across both closing flaps by the
legal representative.
Here follows a description of the content of each envelope.
3.1 Envelope "A" – bearing the wording "Documentation" – must contain, under penalty of
    rejection:
   a) the present document and the technical specifications excluding any supplements,
      modifications or supplementary notes, each page to be initialed by the legal representative
      or other authorized person and stamped and signed for acceptance by the tenderer;
    b) an interim bid bond or deposit of Euro 10,000.00 (Euro ten thousand/00), as guarantee of the
        earnestness of the tender and, in case of award, a final bid bond equal to 10% of the total
        contract price which will be cleared on the due date of the 24-month guarantee period
        starting from the date on which the test was passed.
        The bid bond or deposit must contain a clause stating that the latter is collectible on demand
        by the beneficiary, which is the Office of the President of the Council of Ministers – Civil
        Protection Department – Via Ulpiano, 11 Rome – Italy.
In case of Temporary Business Groupings or joint-ventures, both the interim and the final bid bonds
or deposits must be provided by the mandatory Parent Company.




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Each bidder, including Temporary Business Groupings, must, under penalty of rejection, prove or
declare (pursuant to Decree of the President of the Italian Republic 445/2000 for Italian
companies) to be able to satisfy all the requirements provided for in the following items, also
enclosing a copy of the applicant’s valid I.D..
For Italian companies and/or Company groupings:
  a) registration at C.C.I.A.A. with the antimafia wording;
  b) declaration stating that the company is not in one of the situations referred to in letters a),
     b), c) d) e) and f), making specific reference thereto, which may constitute grounds for
     rejection pursuant to article 11 of L.D. 358/92 and subsequent amendments;
  c) statement of compliance with the provisions of the law of 12 March 1999 no. 68, concerning
     the disabled persons’ right to work;
  d) declaration stating that the company has not availed itself of the individual emersion plan
     referred to in decree no. 266 dated 22 November 2002;
  For foreign companies and/or company groupings:
  e) C.C.I.A.A. or equivalent;
  f) declaration stating that the company is not in a situation of bankruptcy, liquidation or
     temporary receivership, suspended business activities or subject to prosecution in relation
     to the abovementioned subjects and that it is not in a similar situation resulting from a
     similar action provided for by the national legislation or rules and regulations;
  g) declaration stating that the company has not been charged with crimes attributable to
     professional conduct, with a sentence against which there is no appeal;
  h) declaration stating that the company has not been declared guilty of any serious
     professional offence, to be proven by any pieces of evidence that the contracting authority
     can provide;
  i)   declaration stating that the company has fulfilled all its obligations pertaining to the
       payment of social security contributions or taxes and duties provided for by the legislation
       of the country in which the company resides or of the country of the contracting authority
       or of the country in which the contract is to be executed;
  j)   declaration stating that the company has not been prosecuted, with a sentence against
       which there is no appeal, for fraud, bribery, involvement in criminal organizations or in
       other unlawful activities which are detrimental to the European Community’s financial
       interests;
  k) of not having taken part in any other procurement or subsidy procedure financed by the
     community budget thus committing a breach of contract for not having fulfilled their
     contractual obligations.
  For both Italian and foreign companies:
  1) promise to supply the goods object of the contract in compliance with the attached technical
  specifications;
  2) promise to deliver the goods to the places in Sri Lanka that will be announced at a later date
     by and no later than 60 (sixty) days from the date of notification of the final award;
 3) declaration stating that the company has performed at least other supply contracts, in the last
     three-year period, which are identical, in terms of quantity, to the present one;


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    4) certification of quality according to specific UNI EN ISO standards or equivalent
    international certification;
    5) a guarantee period of at least 24 months, unless already offered by the parent company with
       the promise to replace any spare parts free of charge;
    6) indicate the name of the technical assistance network in Sri Lanka which will provide the
       ordinary and extraordinary maintenance service (spare parts);
    7) promise to produce any documentation or clarifications requested by the Awarding
       Commission within the time-limit set by the latter;
    8) address to which notices pertaining to the present tender procedure can be sent (telephone
       number and fax).
The signatory must prove to be in possession of the related signatory powers by enclosing the
related documentation and/or power of attorney.


3.2 Envelope "B" – bearing the wording "Economic Offer" – must contain, under penalty of
rejection:
- the economic offer, signed by the authorized person/s, expressed in figures and letters including
   any taxes, custom duties, transport to the place of destination and other expenses, except for VAT
   or any other taxes however named.
The company which offers the lowest price and is compliant with all the tender specifications wins
the contract. Tenders containing reservations or exceeding the estimated contract price will not be
accepted.
Tenders submitted by established or to-be-established Temporary Company Groupings or Joint-
Ventures will be accepted.
The tender must be signed by the legal representative of all the grouped companies.
Each bidder may submit one tender only; tenders submitted by companies controlling other
companies participating in the same tender or having the same legal representative and which do
not constitute a company grouping or joint-venture will be rejected.
All submitted documentation will be handled by the Administration and will not be returned under
any circumstances.
The Administration will not pay any money for the submitted documentation or economic offer on
any account or for whatever reason.


4. AWARD OF CONTRACT
The Italian Civil Protection Department shall appoint an ad hoc Awarding Commission which, on
the date and at the place shown in point IV.3.8 of the tender notice for the opening of the tenders,
shall, in open assembly, do the following:
      make sure that the covers are integral and properly sealed and, if so, announce which of
       them are rejected;
      open each of the participants’ covers containing the documentation and economic offers
       separately, setting aside the other envelopes;


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      make sure that the internal envelopes are correct and, if not, reject the related tenders;
       open “COVER N. 1 – DOCUMENTATION” of each participant and file the information
       contained in it;
      open “COVER N. 2 – ECONOMIC OFFER” of each participant making sure that it is filled
       out properly;
      draw up a pass-list and formulate the award proposal.
As a rule, in case of doubts or objections, the Commission has the right, within the limits of the law
and at its own discretion as long as in line with the principle of equal treatment of competitors, to
request that participants provide clarifications and/or additional information on the submitted
documentation and, if necessary, ask for the Administration’s opinion on the subject.
Following such resolution, the Administration shall ratify the Commission’s decision by finalizing
the contract award. The time-limit for the delivery, fixed at 60 (sixty) solar days, shall start from
such date.


5. REJECTIONS
Bidders will be excluded from the tender on the following grounds:
- the covers are delivered after the time-limit requested, under penalty of rejection, by the tender
  notice;
- the covers delivered are not countersigned and/or sealed and are in conditions such as to raise
  doubts as to the secrecy and integrity of the bid;
- the tender contains reservations and the price is higher than the estimated contract price;
- the tender does not satisfy the terms and requirements necessary for the award;
- envelope n° 1 of the tender contains economic information of whatever nature;
- more than one tender per bidder or changes to the tender are submitted;
- the clarifications and details requested during the tender were not submitted within the time-limit
  set by the Commission or the response given is unsatisfactory or inadequate;
- the bidder is in a state of bankruptcy, liquidation, temporary receivership, composition with
  creditors or in any other similar situation according to the legislation of the Country in which they
  are set up, or is currently on trial for having declared such situations, or is in a state of suspended
  business activities;
- they are non-performing and such default has been ascertained by the public Administration;
- they are guilty of material misstatement, that is, they have submitted false documentation or
  documentation containing false data;
- they are not up-to-date with their welfare and social security contribution payments in favor of
  their employees, pursuant to Italian legislation or to that of the country in which they are set up;
- they are not up-to-date with their tax payments, pursuant to the Italian legislation or to that of the
  country in which they are set up;
- they are non-performing with respect to the obligations provided for by decree 68/99, for Italian
  companies.


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No reference shall be made to documents submitted for other tenders, and qualified tenders or
tenders which are not clearly expressed or which make reference to other tenders will not be
accepted.
Furthermore, any tenders containing reservations, that is, tenders which raise objections of
whatever nature in the technical specifications or that do not comply with the terms and conditions
set forth in the tender documentation will not be accepted.
Note that all the data collected will be treated solely for the purpose of executing the tender.
Such data will be disclosed and/or disseminated only if provided for by specific regulatory
provisions.
Bidders shall have rights pursuant to Legislative Decree 30 June 2003, n. 196.


6. SIGNING THE CONTRACT
A contract will be stipulated with the contractor.
If requested, the contractor must, by and no later than 20 days from the date of notice of award,
produce the following:
1. documentation certifying full compliance with the requirements set both by the tender and by
   the present document and for which self-certification statements have been issued;
2. any and all certificates submitted during the tender which were not issued during the six month
   period preceding the envisaged date of contract stipulation;
3. document certifying that a final bid bond has been provided, as performance guarantee, for an
   amount equal to 10% of the awarded amount and valid for 24 months;
If the contractor does not produce the requested documentation within 10 days from the
abovementioned date of notice or does not actually meet the requirements as stated on submission
of the tender, the Administration shall have the right to revoke the award and to assign the same
supply contract to the second-qualified candidate, in any case laying claim to the bid bond, with the
exception of any other rights.


7. PENALTIES
The present contract shall provide for the imposition of a penalty of €. 100.00 a day for each day of
delay in the delivery, even partial, of the material.


8. FINAL INSTRUCTIONS
Please note that:
* in case of discrepancies between the price shown in figures and that shown in letters, the more
  economically advantageous price for the Administration shall be deemed valid;
* the awarding of contract shall take place also in case of one valid tender only;
* the Administration shall have the right to suspend the activities of the awarding Authority and/or
   to refrain from awarding the contract, according to its own unquestionable judgement;




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* the Administration shall be entitled to request the bidders to complete or to provide clarifications
  as to the content of the submitted certificates, documents or declarations;
* in any case, the Administration will have the right to request that bidders provide proof of what
  they declared prior to awarding the contract.
* any dispute or controversy arising out of this contract shall be settled by the Tribunal of Rome;
Any additional information and/or clarifications on the object of the contract and/or on the terms
for participating to the tender may be formulated in English and sent until 10 days prior to the time-
limit for submitting the tender, by fax to 0094112588905; anonymous requests will not be taken into
consideration.


                                                           DEPUTY CHIEF OF THE ITALIAN
                                                          CIVIL PROTECTION DEPARTMENT
                                                             (Doc. Vincenzo SPAZIANTE)




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