Registration No 3672/ 22.06.

2015

Beneficiary: SOMACO GRUP PREFABRICATE SRL

Tender documentation for the procurement contract:

PURCHASE & INSTALLATION OF NEW STEAM BOILER AND ENERGY RECOVERY

SYSTEM (HEAT RECOVERING SYSTEM FROM CONDENSATION WATER)

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CONTENT OF THE DOCUMENTATION

CHAPTER I. Procurement Data Sheet

CHAPTER II. Forms
CHAPTER III. Technical Requirements
CHAPTER IV. Terms and Conditions

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DOCUMENTATION TABLE OF CONTENTS

I. TENDER DATA SHEET ....................................................................................................................... 5

1. The Beneficiary ..........................................................................................................................................5
2. Information regarding the investment project .........................................................................................5
3. Request for information and/or clarifications ..........................................................................................6
4. Sources of finance .....................................................................................................................................6
5. Scope of the contract ................................................................................................................................6
6. Estimated value of the contract ................................................................................................................7
7. The awarding procedure ..........................................................................................................................7
8. Evaluation methodology ...........................................................................................................................7
9. Criteria/mod of submission .......................................................................................................................8
10. Requirements for qualification and/or selection ....................................................................................9
11. Elaboration and submission of the offer ...............................................................................................12
12. Award criteria ........................................................................................................................................15
13. Communication of the procedure results .............................................................................................15
14. Claims and award notification ...............................................................................................................15
15. Contract awarding and conclusion ........................................................................................................16
II. FORMS ......................................................................................................................................... 17
FORM NO. 1 .................................................................................................................................................18
FORM NO. 2 .................................................................................................................................................19
FORM NO. 3 .................................................................................................................................................20
FORM NO. 4 .................................................................................................................................................21
FORM. NO. 5 ................................................................................................................................................22
FORM NO. 6 .................................................................................................................................................23
FORM NO. 7 .................................................................................................................................................24
FORM NO. 8 .................................................................................................................................................25
FORM NO. 9 .................................................................................................................................................26
III. TECHNICAL REQUIREMENTS ........................................................................................................ 27
1. PURCHASE & INSTALLATION OF NEW STEAM BOILER AND ENERGY RECOVERY SYSTEM (HEAT
RECOVERING SYSTEM FROM CONDENSATION WATER) ............................................................................27

2. Warranty terms, delivery, technical support available for all technological equipment ........................32

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IV. GENERAL CONTRACTUAL CLAUSES TEMPLATE .............................................................................. 34
APPENDIX NO. 1 ............................................................................................................................... 40
1. Evaluation and comparison of tenders. Award criteria. General aspects ...............................................40
2. Details regarding the calculation of the algorithm: ................................................................................40
3. The offer price – maximum 40 points .................................................................................................. ..41
4. Warranty and service conditions - maximum 20 points .........................................................................42
5. Revisions included in the offer -maximum 10 points: .............................................................................42
6. Estimated delivery time – maximum 10 points.......................................................................................42
7. Contractual assuming for gas consumption reduction – maximum 10 points .......................................42

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 I. TENDER DATA SHEET

1. The Beneficiary

Name: SC SOMACO GRUP PREFABIRCATE SRL

Address: STRADA BIHARIA 67-77, SECTOR 1, BUCURESTI, CORP 1, ETAJ 2
Contact Persons: Tel: 0040314254577
Project Manager: Remus Benea
Technical Coordinator: Mircea Vitan
Attn: REMUS BENEA
E-mail: [email protected] F as : 0040314254629.
[email protected]
Internet address/es: www.somaco.ro.

2. Information regarding the investment project

SOMACO GRUP PREFABRICATE located in .BUCHAREST, strada BIHARIA 67-77, sector 1, telephone:
0040314254577, fax 0040314254629, has received on 16.04.2015 the approval from Innovation
Norway for the project “MODERNIZATION OF THE ADJUD AAC FACTORY”, project co-financed within
the Norway Grants 2009- 2014 programme, under contract ref. nr. .DACHI -2014/113375, signed with
Innovation Norway as Managing Authority for "Green Industry Innovation programme Romania".

The total project value is 1.615.510 Euro (VAT excluded) of which financial assistance is 800.000 Euro.

The project is implemented in ADJUD, strada REVOLUTIEI nr. 17, judetul VRANCEA, for a period of 12
months.

The purpose of the project is to increase SOMACO GRUP PREFABRICATE competitiveness, by greening
the existing production process from AAC Adjud factory.

The outcome of the project is:

Purchase & installation of new steam boiler and energy recovery system (Heat recovering system from
condensation water)

Purchase & installation of autoclave automation

Modernization of the AAC cutting machine

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3. Request for information and/or clarifications

SOMACO GRUP PREFABRICATE will clarify any misunderstanding made in writing by the tenderers with
regard to the procurement procedure.
The answers to all requests for clarifications received by will be made in writing by SOMACO GRUP
PREFABRICATE Further information and / or clarification can be obtained by written notice to the
following contacts:
Contact details for information and clarification:

Address: SOMACO GRUP PREFABRICATE, BUCHAREST, STRADA BIHARIA 67-77, SECTOR1

Phone: 0040314254577
Fax: 0040314254629
E-mail: [email protected]
[email protected]

Deadlines for receipt of requests for clarifications: 25.06.2015 ; 15.00 PM

The deadline for submission of the response to clarifications: 26.06.2015; 15:00 PM

Note: The Procurement Data Sheet is also written in English. In case of misunderstanding of the
terms, the Romanian version is the reference.

4. Sources of finance

Project is financed by Norway Funds and own funds within the Norway Grants 2009- 2014 programme,
with “Innovation Norway” as Managing Authority for "Green Industry Innovation programme
Romania"

Note:
The tenderer shall bear all costs associated with preparation and submission of his tender and the
accompanying documents.

5. Scope of the contract

5.1. Contract title: PURCHASE & INSTALLATION OF NEW STEAM BOILER AND ENERGY RECOVERY
SYSTEM (HEAT RECOVERING SYSTEM FROM CONDENSATION WATER)

5.2. Type of contract

Delivery of products
5.3. Scope and Quantity of the Agreement
1. PURCHASE & INSTALLATION OF NEW STEAM BOILER – 1 piece
Steam boiler

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 Economizer in the flue gas (chimney).
Gas burner
Control, safety and monitor equipment
Boiler water feed equipment
Control cabinet
Degasser (new or old refurbished with new dripping deaerator)
Water preparation station
Chimney (new or old readapted)
Main steam distributor

2. HEAT RECOVERING SYSTEM FROM CONDENSATION WATER – 1 piece

5.4. Location for the implementation/ delivery
ADJUD, strada REVOLUTIEI nr. 17, VRANCEA county, ROMANIA
5.5. Conclusion of the procedure:
Purchasing contract
5.6. Specific conditions of the agreement
n/a

6. Estimated value of the contract

The estimated value of the contract is 650.000 EURO without VAT

7. The awarding procedure

APPLIED PROCEDURE
„Request for tenders” in accordance with „Procurement Guidelines for contracts awarded in
compliance with best economic practices” issued under the mentioned funding programme.

8. Evaluation methodology

Following the selection of the eligible tenders, SOMACO GRUP PREFABRICATE will conduct a 3-step
evaluation:
1. Checking the submission criteria (tenders must submit their offer only at the specified address and
within the period indicated in paragraph 9).
2. The evaluation of the qualification criteria. The qualification criteria will allow a compatibility
assessment of the tenderer's situation in relation to SOMACO GRUP PREFABRICATE requirements.
3. Technical and economic evaluation. The technical and economic criteria for evaluation are
presented in Appendix No. 1 of the present documentation.
Only the bids that fulfil the qualification criteria will enter into the technical and economic
evaluation stage.

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9. Criteria/mode of submission

9.1. Address to submit the offer: SOMACO GRUP PREFABRICATE

BUCHAREST, STRADA BIHARIA 67-77, SECTOR 1,
ROMANIA
REMUS BENEA
PROJECT MANAGER
E-mail: [email protected]
Tel: 0040314254577
Fax: 0040314254629
9.2. Mode of transmission The Bidder shall submit one set of originals: the
offer and the related documents.

The offer signed and stamped, must be filed

personally or sent by postal mail in a sealed
envelope, marked "Offer selection for the
project Green Innovation Norway Project –
Norway Grants and EEA Funds – PURCHASE &
INSTALLATION OF NEW STEAM BOILER AND
ENERGY RECOVERY SYSTEM (HEAT RECOVERING
SYSTEM FROM CONDENSATION WATER) / To
Mr. REMUS BENEA/ DO NOT OPEN BEFORE
06.07.2015; 13:00

Attention!!! Offer submission by another way

(e.g. email, fax) or at other addresses is NOT
allowed under penalty of exclusion from the
evaluation procedure.

Documents that accompany this offer:

a. The bidder shall submit the Cover Letter in

accordance with Form no. 1. The Cover Letter is
attached to the outer envelope and shall be
stamped with the date and hours when the bid is
submitted.

b. Each offer must be accompanied by a written

power of attorney in which the signatory of the
offer empowers the person to submit and
represent the trader at the opening of the bids.
Form no 2 shall be filled in.
9.3. Deadline to submit the Offer The Offers can be sent by post or submitted

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 directly at the beneficiary's location until
06.07.2015, 12:00 pm.
The tenderer shall ensure that the offer will be
sent at the beneficiary’s headquarters until the
date / time limit indicated under penalty of non-
acceptance.
9.4. If the criteria for submission are not met, the offer will be rejected.

10. Requirements for qualification and selection

10.1. The eligibility of the Tenderer

10.1.1. Declaration of Mandatory requirement:
eligibility The tenderer's statutory declaration regarding his eligibility will be
filled in accordance with the model in the award documentation
(Form no. 3).
10.1.2. Declaration of non- The declaration will be filled in accordance with the model in the
application of situations that “Forms” section from the awarding documentation (Form no.4).
may affect the
implementation capacity
10.1.3. Statement regarding Statement regarding the tenderer’s quality of participant in the
the tenderer’s quality of procedure, filled in according to the model from the section "Forms"
participant in the procedure in the awarding documentation (Form no.5).

10.2. Capacity to perform the professional activity (registration)

10.2.1. For Romanian Mandatory Requirement:
tenderers, legal or natural a) Registration Certificate issued by the Trade Register Office or
persons equivalent

b) Registration Certificate issued by the Trade Register Office near

the National or local Chamber of Commerce and Industry, which
establishes that the company s main activity is the delivery of the
requested products, original or certified copy or Operation Permit
and any other documents deemed necessary to prove edifying on
proving the belonging to the professional category required to fulfil
the contract.
10.2.2. For foreign Tenderers, Supporting documents to prove some form of registration and
legal or natural persons: authorization to perform the work / activities related to the object of
this procedure and the registration/ certification as a legal entity or
membership in a professional body.

FOREIGN BIDDERS MUST SUBMIT A TAX RESIDENCE CETIFICATE. This

document will be presented as a statutory declaration when
submitting the initial offer, afterwards only the tenderer that will be

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 declared the winner shall present this original document (issued by
an authorized institution) within 10 calendar days in order to sign
the contract.
The beneficiary reserves the right in case the winning bidder does not
submit its tax residence certificate as this section provides, not to
make any payment related to the implementation of this contract.
10.3. Economic & Financial Situation
10.3.1. General data The form no. 6 –”General Information” from Chapter II will be
regarding the tenderer presented.
Values of turnover and gross profit are expressed in lei at the
exchange rate RON/EUR set by the European Central Bank at the
average for the year.
10.3.2. Minimum The minimum annual average turnover of the bidder for the last 3
requirements years should be 1.950.000 EURO (or euro equivalent at the yearly
average exchange rate of National Bank of Romania)
In accordance with Art. 16, paragraph 2 of Law No. 246/2004 on
stimulating the establishment and development of small and medium
enterprises, SMEs benefit from a 50% reduction of turnover-related
to the criteria required in the procurement of goods, works and
services. To demonstrate affiliation in SMEs category, the tenderer
shall submit the required statutory declaration of the representative
/ legal representative of the company concerned for affiliation in the
SMEs category. The Statutory declaration for affiliation in the SMEs
category will be filled in in the form prescribed in Annex 1 of Law no.
346/14.07.2004 with the subsequent amendments and will be
presented in original.
10.4. Technical and/or Professional Capacity
10.4.1. Similar experience The Bidder shall proof a minimum level of experience in the
delivery/installation of NEW STEAM BOILERS AND ENERGY RECOVERY
SYSTEMS for AAC factories, by filling in and presenting Form no. 7 -
The list of main relevant projects/ activities completed. This Form
must proof that the tenderer has successfully produced / distributed
such equipment until the launch of this procedure.

The list of the main relevant completed projects will contain values,
implementation periods and places where the contracts were
implemented, the beneficiaries of the contracts, whether they are
contracting authorities or private clients, to prove that the bidder has
experience in delivery and installation of NEW STEAM BOILERS AND
ENERGY RECOVERY SYSTEMS for AAC factories.

10.4.2. Documents issued by Tenderers will submit documents issued by accredited bodies,
accredited bodies, confirming confirming the certification and the implementation of the quality
the quality system management system in accordance with the requirements of
certification. standard SR-EN-ISO 9001:2008 (or equivalent) for the products
offered.

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 .
NOTE:
* Certificates in the ISO series or similar are accepted regarding the
implementation of a quality management system issued by
international accredited bodies.

**For the tenderers from EU where the ISO standards are not
obligatory in tendering process, the fulfil ing of the EC machinery
directives of the European Parliament and Council will be accepted.
The tenderers will submit also documents that prof the quality
management system and environment quality management process,
according to their national legislation.

10.5. Environmental Tenderers will submit documents issued by accredited bodies,

protection confirming the certification and the implementation of the
environment quality management system in accordance with the
requirements of standard SR-EN-ISO 14001:2004 (or equivalent) for
the products offered.

NOTE:
* Certificates in the ISO series or similar are accepted regarding the
implementation of a quality management system issued by
international accredited bodies.

**For the tenderers from EU where the ISO standards are not
obligatory in tendering process, the fulfilling of the EC machinery
directives of the European Parliament and Council will be accepted.
The tenderers will submit also documents that prof the quality
management system and environment quality management process,
according to their national legislation.

10.6. Observations: 1. Qualifying criteria will be considered by the Evaluation Committee

appointed by the purchaser. Any tenderer who meets all the
requirements and criteria of qualification will be considered qualified.

2. The evaluation committee has the right to require

clarifications/addenda regarding the conformity of the requested
documents.
10.7. The Tenderers will be 1. Failure to submit one of the documents specified in the present
excluded from the award Section.
procedure in case of:
2. Failure to fulfil obligations due payment of state taxes, including
local and state social security contributions;

3. They are in bankruptcy or liquidation, their businesses are run by a

trustee, business activities are suspended, they are the object of an

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 arrangement with creditors or there is a situation similar to the
previous, regulated by law.

11. Elaboration and submission of the offer

11.1. Language of drafting the The offer and qualification documents will be written in English.
offer
11.2. Validity of the offer The validity of the offer is 90 (ninety) days from the submission
date.
11.3. Technical proposal The tenderer will prepare the Technical Proposal proving the
compliance with all the requirements stated in the Technical
Proposal, which are minimal requirements.

The tender format will strictly follow and will comply with the
„criteria list” (See Section no. 12). Not taking into account this
condition might lead to a poor score.

The tenderer will design the technical proposal respecting the

specific requirements that are found in Chapter III – Technical
requirements / Technical specifications.

The elements of the technical proposal will be presented in detail

in accordance with the technical specifications.

Alternative offers will not be accepted.

The technical proposal will be presented in Form 8.

11.4. Financial proposal Must be according to the specifications below:

Price offer must refer to the entire Agreement, as described in the

Tender Documentation/ Technical Requirements.

The global price offer will be presented in Form No. 9-Financial

proposal.

The Agreement price is firm and cannot be modified during the

Agreement period.

Prices do not include VAT and refer to the value of the equipment
put in function by the bidder at SOMACO GRUP PREFABRICATE as
provided below.

The proposed prices shall be considered as final prices and are not
affected by any variation in taxes and / or contributions above.

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 The offers Currency: EURO

The bidder is required to submit the price (excluding VAT) in EURO

and to comply to the following conditions.

DDP Delivery conditions: Adjud, strada Revolutiei nr. 17, Vrancea

county, Romania (Delivered with custom taxes included).

The price will be presented and broken down by sub-items,

attached to Form no. 9 – Financial proposal, indicating, if
applicable, the parts individually, together with the costs of
packaging, shipping, training costs, optional equipment costs and
technical services for implementation and start-up as well as
payment terms (price expressed DDP Delivery conditions: ADJUD,
strada REVOLUTIEI nr. 17, VRANCEA county, ROMANIA - Delivered
with custom taxes included).

The offer will include all relevant business information. The offer
will include all amounts required to cover technical assistance
needed to install and to operate goods delivered and to ensure
beneficiary staff training on operation and maintenance of assets.
It will also be disclosed in the offer the minimum period of time
that is necessary to have the technician present.

Any additional cost that is not identified in the financial proposal

will not be considered for the entire term of the contract.
11.5. Minimum rated The offer will cover:

Delivery and installation of the boiler equipment and auxiliary

equipment
Delivery and installation of the heat recovery installation
Project Services
Commissioning activities
Warranty period for equipment
Revisions during warranty period

11. 6. Deadline to submit the The tenders can be sent in accordance to the provisions of section
Offer 9.2.
11.7. Possibility to withdraw or The tenderer has no right to withdraw or amend his offer after the
modify the offer deadline for submission of tenders, under penalty of exclusion
from the procedure for awarding the contract.

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11.8. Opening of the Offers Date, time and place of opening of the offers: 06.07.2015; 13:00 at
the beneficiary’s location, Bucharest strada Biharia 67-77, sector
1.

No offers may be rejected at opening, except for being returned

unopened.

Bidders' representatives are entitled to attend in the opening

session.

The tenderer's representatives who choose to attend the opening

will have written mandate to tender authorizing the signatory
person to represent the trader at the opening, along with the
identity card of the authorized person (a copy will be attached to
the mandate and will then be handed to the Evaluation
Commission SOMACO GRUP PREFABRICATE at the opening of
tenders.

Alternatively, bidders are able to send a copy of the authorization

letter by fax or email to the contacts listed in the tender
documentation before the deadline for submission of tenders. But
it is required that this copy does not contain any information
about the contents of the tender.

The offers will be opened by the Evaluation Committee in charge

with the evaluation.

The evaluation committee will draw up minutes of the opening.

The Tenderer's representatives who are present will be invited to
sign the minutes. The absence of a tenderer’s signature on this
document does not invalidate the contents and effect of the
minutes of the bid opening. A copy of the minutes shall be
distributed to all tenderers present.
11.9. Late offers Late bids are not accepted.

The tenderer must anticipate delivery when sending offer.

All bids received by SOMACO GRUP PREFABRICATE after the

submission deadline will be automatically rejected. They will be
returned to the Tenderers without being opened or examined.

Tenders must not be delivered to another address than the one

specified in the invitation to tender.
11.10. Issues regarding the form In regard to the format in which the tender shall be submitted, in
in which the tenders will be order to facilitate the evaluation process, we make the following
submitted recommendations to the tenderers:

14
 - The tender (in its entirety) will be presented only in a printed
version on A4 paper, in a file without binders and without
perforating the paper in any way (without binder / spiral / hooked
or tied in any other way than provided above.

- The tender’s elements shall be presented only printed on one

side of the paper (front). Tenders printed on both pages are not
accepted (type “front/back)!

- The tenders shall be submitted in double format – an original

tender and a copy of it.

- The attachment of promotional brochures is not allowed.

12. Award criteria

12.1. Most economically advantageous tender

12.2. Evaluation factors

The detailed methodology on assessment of Tender factors can be found in Appendix. 1 of this
documentation.

13. Communication of the procedure results

After the evaluation completion SOMACO GRUP PREFABRICATE will communicate the results to all the
tenderers.

14. Claims and award notification

Any complaints may be submitted within 3 days of receipt of the notification of the award of the
procurement contract at the Beneficiary’s headquarters. After solving the complaints, the results will
be sent by the Beneficiary by written notice.

After finalizing the evaluation of the applicable claims, SOMACO GRUP PREFABRICATE will notify the
winning tenderer in writing regarding the acceptance of his offer. At the same time it will also notify all
other tenderers on the results of the award procedure.

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15. Contract awarding and conclusion

15.1. General aspects The contract will be signed only after prior review:

If a tenderer and successful tender will be selected SOMACO GRUP

PREFABRICATE will be entitled to request verification of the
product in terms of technical aspects, before signing the
agreement and before sending purchase orders.

Award procedure will end with the conclusion of a contract.

15.2. Adjustment of the Contract price increase shall not be accepted.
Agreement price

15.3. Purchasing Agreement GENERAL CONTRACTUAL CLAUSES TEMPLATE included in the

award documentation shall be attached after being marked with
the tenderer's identification data and endorsed on each page by
the tenderer's legal representative for the acceptance.

At the conclusion of the acquisition contract the general

contractual terms and clauses presented in Chapter IV of this
documentation will be considered, since the phase of bidding.

Note :
If the winning tenderer does not sign the contract on time, within
maximum 15 days from the date of notification of award or the
date of receipt of the invitation, the beneficiary may contract with
a next ranked bidder if his tender meets or award may resume.

Based on the , SOMACO GRUP PREFABRICATE needs regarding the

content of the technical and financial proposals presented by the
winning tenderer, SOMACO GRUP PREFABRICATE and the winning
tenderer can decide regarding the adding and/or improvement of
the contract conditions, in order to reflect the real situations of
the agreement conditions.
15.4. Subcontracting Subcontracting of parts of the works from the contract related to
the present procurement procedure it is permitted with the
agreement of the beneficiary. The tenderer remains fully
responsible for the contract.

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 II. FORMS

Chapter II contains forms that on the one hand are meant to facilitate the preparation and submission of
the tenders and accompanying documents, and, on the other hand, allow the evaluation committee to
perform a rapid and accurate examination and evaluation of all bids submitted.

Each candidate / tenderer participating individually or as a partner, in the procedure for awarding the
procurement contract is required to submit the forms provided in this chapter, duly completed and
signed by the authorized persons.

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FORM NO. 1

ECONOMIC OPERATOR

(tenderer)

……………………………..

recorded at the beneficiary’s

no. ……/………..

(name)

COVER LETTER

To,
SOMACO GRUP PREFABRICATE SRL, strada Biharia 67-77, sector 1, Bucuresti, corp 1, etaj 2, România

Following the Notice published on the site www.somaco.ro, on 3rd of June 2015, regarding the
application of the award procedure for the acquisition of ..............................................……………………
We, ........................... (bidder’s company/name), hereby enclose the following:
- pack sealed and marked visibly, containing an original and a number of …………………
copies of:
- offer
- documentation accompanying the offer

Date: ……………………

Bidder

... ... ... .. ... ... .............

(Authorized signature)

18
FORM NO. 2

Company
_________________________
(description/name)

POWER OF ATTORNEY

The undersigned, ____________________________(name of legal representative of the bidder), I

hereby empower Mr _____________, with identity card series ___________, nr. _____________, home
phone _________________, to submit and to represent the company

At the opening of the documents for the acquisition of the product------------ on the date of _____

Date: ...............................

Company

........................................

(authorized signature)

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FORM NO. 3

BIDDER

............................................

(name)

DECLARATION OF ELIGIBILITY

1. The undersigned ……..……………………………………......, duly authorized representative of

..........................................................................................(Name and location / address of economic
operator), I hereby declare on my own responsibility, under sanction to be excluded from the
procurement procedure, that in the past 5 (five) years I have not been convicted by final decision of a
court for participation in activities of criminal organizations, corruption, fraud and/or money laundering.

2. The undersigned, I hereby certify that the information provided are complete and correct in every
detail and I understand that the Beneficiary /( contracting beneficiary) is entitled to request, with a view
to the verification and confirmation of the declarations, statements and documents accompanying the
offer, any additional information regarding our eligibility and experience, competence and expertise and
resources at our disposal.

3. The undersigned, I hereby authorize any institution, commercial company, bank, other legal entities,
to provide information to the authorized representatives of the SOMACO GRUP PREFABRICATE SRL,
strada Biharia 67-77, sector 1, Bucuresti, corp 1, etaj 2, România, regarding any technical and financial
aspect with reference to our activity.
4. This statement is available until the date... ... ... ... ... ... ... ... ... ... ... ... ......... (to specify expiry date of
the bid validity period).

Date:...................

Company

…………………...............

(Authorized signature)

20
FORM NO. 4

Tenderer_________________________

(description/name)

STATEMENT

regarding failure to comply with one of the situations provided by the Romanian

law in force

The undersigned, ............................................................... (name of the economic operator), as a

tenderer participating in the award procedure for the purchasing agreement for
........................................................... (product name), at the date.............................(day/month/year)
organized by SOMACO GRUP PREFABRICATE SRL, strada Biharia 67-77, sector 1, Bucuresti, corp 1, etaj 2,
România, I hereby declare on my own responsibility:
a) I am not in a bankruptcy or liquidation situation, my business is not under the administration of a
judiciary receiver or my commercial activities are not suspended and are not subject to an arrangement
with the creditors. Also, they are not in a situation such as previously described, provided by law.
b) I am not under the legal proceedings for my declaration as in a situation provided at paragraph a)
above
c) I fulfilled my payment obligations regarding the taxes, duties and social security contributions to the
budgets components of the general consolidated budget in accordance with the laws in force in Romania
or in the country of residence as by the reference date requested.
d) in the past two years I fulfilled my contractual obligation and did not harm our beneficiaries
irrespective of the funding for these contracts.
e) in the past three years I was not sentenced by the final decision of a court for an act to denote
professional misconduct or for error in a professional subject matter.

The undersigned, I hereby declare that the information provided is complete and correct in every detail
and understand that the beneficiary is entitled to request, with a view to the verification and
confirmation of my declarations, any documents / evidence which I have available.

I understand that unless this statement is true and conforming with reality, I am liable for the
infringement of the criminal law regarding false statements.

Date:...............................................
Company,
....................................
(Authorized signature)

21
FORM. NO. 5

Company
............................................
(name)

STATEMENT REGARDING THE CONFLICT OF INTERESTS

1. The undersigned ……..……………………………………......, duly authorized representative of

..........................................................................................(Name and location / address of economic
operator), I hereby declare on my own responsibility, under sanction to be excluded from the
procurement procedure,

That our company is not in a situation of conflict of interest in the context of this procurement procedure
respectively is not in the following circumstances:

- Existence of connections between our company and the shareholder structure of the
Beneficiary
- Existence of connections between our company and members of the evaluation committee of
the Beneficiary
- We do not hold a majority of shares in two or more firms participating in this tender.

Furthermore, we assume or obligation that in the event of a conflict of interest of the kinds described
above during the course of the procurement procedure, to notify the Beneficiary in writing of this fact
and take measures to eliminate this situation.

Date:...................

Company
…………………...............
(Authorized signature)

22
FORM NO. 6

Company

…………………………

(denomination/name)

GENERAL INFORMATION

1. Company Denomination/name:
2. Fiscal code:
3. Head office address:
4. Phone:
Fax:
Tel:
E-mail:
5. Account …………………………………….Open with
……………………………………….
6. If the Company is Registered as S.M.E. company
………………………………..……………………..
7. Registration certificate…………………………………………………………
(number, date and place of registration)
8. Object of activity, on fields……………………………………………………………..
( in accordance with company by-laws )
9. Offices of local branches/subsidiaries, if applicable:………………………………
(addresses, phone/fax , registration certificates)
10. Main business market:
11. Turnover for the last 3 years:
Year Turnover on 31 December (equivalent in euro)
2011
2012
2013
Average for the 3 years :

Date ____________

Bidder,
…………………
(authorized signature)

23
FORM NO. 7

Company Name
_________________________

DECLARATION REGARDING
THE MAIN SIMILAR CONTRACTS DELIVERED

The undersigned ... ... ... ... ... ... ... ... ... ... ... ... .., duly authorized representative of ...............................
..................................... (Name and location / address of applicant / bidder), I hereby declare on my own
responsibility, under sanction applicable to false public documents, that the data in the attached table
are real.

The undersigned, I hereby declare that the information provided is complete and correct in every detail
and understand that the beneficiary is entitled to request, with a view to verify and confirm the
declarations, statements and documents accompanying the tender, any additional information in order
to verify the data in this statement herein.

The undersigned, I hereby authorize any institution, company, bank or other legal persons to provide
information to the duly authorized representatives of ............... (Name and address of the beneficiary)
with reference to any technical and financial aspect related to our activity.

Item Object of contract Total contract Percentage fulfilled by Time period for contract
value provider (%) performance *)
1
2
3

Date:.....................................
Company,
....................................
(Authorized signature)

_____________
*) Specify start and completion date of the contract.

24
FORM NO. 8

TECHNICAL PROPOSAL1

(To be filled in by the tenderer in accordance with the Technical Requirements)

1
- The elements of the technical proposal shall be detailed in a clear correlation with the requirements found in
Chapter III of the present documentation – “Technical Requirements”.
- The form will not contain promotional/ marketing items / (eg logo, photos, etc.).
- Tenderers can choose their own shape/standard to fill this form with respect to the above requirements
(specification and procurement data sheet, Chapter I-11.3).

25
FORM NO. 9

BIDDER
__________________
(company name)

THE FINANCIAL PROPOSAL

To:
SOMACO GRUP PREFABRICATE SRL, strada Biharia 67-77, sector 1, Bucuresti, corp 1, etaj 2, România.

Sirs,
1. After examination of the award procedure documentation for the ......................................................,
duly authorized representatives of the Bidder ..........................................(bidder name), we offer to
supply:
.........................................................................................................................................................................
.
in accordance with the provisions and requirements described in the above documentation
> ______________________ against the amount of Euro, without VAT, in the delivery condition DDP
Delivery conditions: ADJUD, STRADA REVOLUTIEI NR. (Delivered with custom taxes included)
(Amount in words and figures)
2. We undertake, if our bid is declared successful, to supply the products in compliance
with the terms in the specification of requirements.
3. We undertake to keep this offer valid for a period of 90 (ninety) days, i.e. until
___________________________, and it will remain binding for us and can be accepted anytime
(Day / month / year)
before the expiry of its validity.
4. Pending the conclusion and signing of the purchase agreement , this offer, together with the
notification by which it is declared winning tender, such offer is a binding contract for us.
5. We understand and agree that, if our offer is set to be the winning one:
a. to sign the purchase contract within ___ days after notice of award of procurement contract.
b. to set up a performance bond in accordance with the provisions of the award procedure
documentation
6. We understand that you are not forced to accept the lowest price bid or any other bid which you may
get .
7. Attached, we present our detailed tender as requested in the procurement data sheet.

Date:................................
Company
........................................
(authorized signature)

Bidder Registered at beneficiary’s location

............................... nr. ............. / .......................
(company name)

26
 III. TECHNICAL REQUIREMENTS

1. PURCHASE & INSTALLATION OF NEW STEAM BOILER AND ENERGY RECOVERY SYSTEM (HEAT
RECOVERING SYSTEM FROM CONDENSATION WATER)

27
Crt. No Features

001 Technical specifications

a. Plant type: with Hebel process
b. Products:
- AAC blocks without reinforcement: 100%
- Reinforced panels: 0%

c. Existing boilers technical data:

- Two steam boilers: 8 tones steam output, 12 bars pressure, each
- Feed water tank volume : 14 mc
- Feed water temperature : 12-17 0C
- Boiler feed water temperature from the degasser : around 80 0C
- Chimney available from one boiler: 1000 mm diameter; 12 m height.

d. Existing autoclaves data:

- 6 autoclaves ; 270 qm volume each (100 qm AAC volume inside)
- Pressure inside the autoclave: 12 bar
- Temperature inside the autoclave : 190,7 0C
- Autoclave cycles in 24 hours: 10-11
- Average gas consumption for autoclaving of 1 qm AAC: 14 qm of gas

e. Condensate from autoclave data:

- Condensate volume in 24 hours: around 90 - 120 qm
- Condensate temperature: 80-900C
- Water used in production process (freshwater mixed with condensate) in 24 hours: 130
qm (50-60 0C)
- Condensate tank volume: 75 qm

002 Project description:

The project purpose is to replace the two existing steam boilers with a new generation steam
boiler with a superior performance, with 16 to 18 tones capacity and 16 bars maximum pressure.

Will be replaced also the auxiliary equipment of the boiler: gas burner, feed water system,
control cabinet, control and monitoring system, safety systems, economizer, etc.

In order to increase the efficiency, the actual water preparation installation will be replaced
completely. The new water preparation will be based on reverse osmosis principle. All additional
chemical treatment will be implemented according to existing water chemical composition.

To increase even more the efficiency, the feed water tank will be supplied with water preheated
with energy from the condensate and/or from the remaining steam from the autoclaves.

The project objective is to reduce the gas consumption in Adjud AAC factory with minimum
35%.

28
003 Scope of supply*

3.1. PURCHASE & INSTALLATION OF A NEW STEAM BOILER

3.1.1. Steam boiler minimum data request

A three pass fire –smoke tube boiler for pressure combustion of light fuel, for the production of
saturated steam. The boiler fulfils the CE directives regarding pressure vessels.
Steam output : min 16t/h - max 18 t/h
Maxim operating pressure: 16 bar
The efficiency at nominal power minimum: 95%
Thickness of insulation: min 120 mm

3.1.2 Economizer
3.12. For economical use of the flue gas, the steam boiler will come together with an
economizer, installed behind the boiler in order to preheat the feed water from 1030C (from
degasser) to 1300C .

3.1.3.The gas burner

Will be adped to supply the pressure and the autput of the steam boiler. The burner will be
adapted for natural gas fuel and will come togerther with an automatic control unit. The
tenderer will nominee the burner producer.

3.1.4 Auxiliary equipment and safety elements

All valves, fittings and piping necessary to connect the feed water equipment and the water
treatment equipment to the boiler.
The boiler safety equipment and water level regulation will be according to European norms for
operation without permanent supervision for 72h.
The boiler will be provided with automatic desalting device and with automatic blow down
device. The overpressure protection will be done with minimum two safety valves.

3.1.5 The boiler feed water equipment

The feed water will be done be with a continual control unit. (the water pumping unit will be
controlled by a frequency converter, for a continuous control of the water level inside the
boiler)

3.1.6 The control cabinet – power , control and automation

The cabinet will be delivered along with the electrical diagrams.
The control unit will include a PLC that will manage the boiler and the auxiliary equipment. The
control cabinet will be supplied with a display for following and controlling all boilers
parameters. The unit is able to deliver all necessary signals for autoclaving automation (steam
pressure, water temperature, etc.)

3.1.7 The feed water tank (degasser)

On the actual degasser platform will be installed a new degasser. The tenderer can propose also
a refurbish of the old degasser by replacing the dripping deaerator. The new degasser will able
to deliver 18 qm/h of degassed water, in order to feed continuously the boiler with water at

29
 103 °C. The steam for degassing will come from the new steam distributor.

3.1.8 The water preparation installation

The water preparation installation will be designed starting from the water chemical
composition. The water probe will be analyzed by the tenderer. The water after preparation will
be according to the boiler producer characteristics request, in order to obtain a maximum
efficiency and a low costs for boiler maintenance during operation. Existing equipment will be
not reused into the new water treatment plant.

The basic principle of reverse osmosis is required, doubled by de-ironing systems, oxidation
systems, de-manganese systems, softening installations, etc., according to the water
composition found.

The installation will be also equipped with a chemical module which can help to add chemicals,
to correct the chemical composition of the water.

Water preparation system will be able to generate the required minimum water volume
accordingly to steam boiler capacity. The system is automatically managed by an electronic
programmer integrated.

3.1.9 The chimney

Can be reused the existing 1000 mm diameter chimney or can be proposed a new one.

3.1.10 The main steam distributor

The tenderer will include in the offer a new steam distributor, adapted to the steam pipe from
the new boiler. Will be reused the old manual valves at the outlet of the distributor, except those
that no longer correspond to the new configuration (inlet from the new steam boiler).

3.2. HEAT RECOVERING SYSTEM FROM CONDENSATION WATER

Degasser will be feed with treated water preheated.
Preheating will be with energy resulting from condensation and / or residual steam left after the
equalization of the autoclaves. The water temperature, resulting from recovery system
installation, will be minimum 700C.
The tenderer will design, supply and install the entire recovery system installation (except civil
works if necessary)

* For all equipment proposed by the tenderer will be specified the manufacturer's name.

004 Limits of the project

4.1. The offer includes the delivery, the installation, the technical assistance during installation
and commissioning of the equipment to the following limits:
Steam to: the main distributor (included)
Water supply from: wall of the steam boiler building
Electricity from: clamps of the boiler electrical panel.
Methane gas from: wall of the steam boiler building

30
 Automation of the entire installation

4.2. Works in the beneficiary responsibilities:

Preparation and release the site.
Any concrete construction works: floors, partitions, drains, basins, etc.
Obtaining a construction permit and any other permits required
Utilities during the works of installation and commissioning

4.3 Works in the tender responsibility:

In case is necessary to be dismantled parts of the boiler building, to introduce the new
equipment, these works are in the tenderer responsibility.
The lifting equipment for the installation is in the tenderer responsibility.

005 Project services

5.1. Technical documentation:

Preparing documentation for obtaining the technical installation permit.
Documentation for obtaining the ISCIR approval.
Wiring diagrams.
Technical documentation (technical parameters, operating manual, maintenance manual) for all
equipment in English or Romanian language.

5.2. Technical assistance during commissioning and training.

The bidder shall provide technical assistance during commissioning of the equipment.
The bidder shall ensure training of the personnel that will service the boiler.

5.3. Technical assistance for the operation of water treatment plant.

The tenderer shall provide the beneficiary with the knowhow for the operation and maintenance
of the water treatment installation during operation. The tenderer will present to the
beneficiary also commercial solutions (third parties companies or its collaborators that provides
service for water treatment installations)

006 Delivery time

Delivery of the equipment will not be later than December 1, 2015

The equipment will be delivered and installed in accordance with the plant winter shutdown
period, which is scheduled during: 01.12.2015 - 01.02.2016

007 Erection and commissioning

7.1 The tenderer will do the complete erection of all delivered equipment with its own
resources.

7.2 Commissioning of the equipment will take place on January 30, 2016 once with the factory

31
 start up. As a result, on February 1, 2015 there is the possibility to pour the material into forms

7.3 Conditions of acceptance of reception:

- The plants are fully functional and can deliver the necessary steam to autoclaving process.
- Steam boiler can provide the parameters required: 16 bar maximum pressure; min 16 tons
steam output
- Water samples indicate obtaining the requested parameters of the boiler specifications.
- Water resulting from energy recovery installation is at least 700C, before entering into degasser.
(the plant operates at nominal capacity - min 10 autoclaves / day)
- Water from the degasser is 103 0C

2. Warranty terms, delivery, technical support available for all technological equipment

2.1. Warranty conditions:

 Warranty: 12 months after commissioning paper signed by Somaco Grup Prefabricate

 Maintenance reactivity within 24 hours of the notification sent by the customer to the
supplier company providing maintenance services*
 Post warranty service and spare parts for a minimum of 10 years*

* Each bidder shall indicate in his offer, the identification data of the Company that will be obligated to
assure the servicing, warranty and post-warranty of the product.

The identification data shall include:

 Company name
 headquarters
 other addresses / working points
 contact data
 Name of specialist / experts available if the beneficiary will require their intervention (along
with their contact information - phone no., Address, e-mail, website, etc..)
 Any other information or items necessary for proper identification of the company that will
handle the warranty and post-warranty services and its team.

2.2. Terms of delivery:

Delivery conditions: DDP: Adjud, strada Revolutiei nr. 17, judetul Vrancea, Romania (Delivered with
custom taxes included)

The equipment shall be accompanied by the following documents:

 Notice of escorting cargo/ Packing list/ CMR

 Invoices as described in the contract
 At least 12 months Warranty
 Certificate of quality (CoQ)

32
  Certificate / Declaration of Conformity EC
 The technical paper of the equipment: guidance on safe operation, maintenance and safety,
service book stating revision range
 Operation and maintenance manuals in Romanian or English

2.3. Willingness to provide after sales services and technical support.

 Ensure technical and operating personnel training
 Staff training must be provided before commissioning of equipment
 Training should relate to at least 2 aspects: training related to service and maintenance
technology and elements related to programming and operation control.
 The tenderer will have to offer the possibility of providing long distance technical assistance via
web interfaces

33
 IV. GENERAL CONTRACTUAL CLAUSES TEMPLATE

1. CONTRACTING PARTIES

.................................................. ........................., ..................... based ............................., phone

.................. .., ............................. fax, e-mail ............. .........................., registered in the Commercial
Register under number ................. ....... ........................................ Tax code, holder account number ...
................................ opened at Bank .............. ..............., Branch ................................. Swift Code
..........................., represented by Director General ............... ..................... and Economic Director
.............................., hereafter SUPPLIER

and

SC SOMACO GRUP PREFABIRCATE SRL, with headquarters in Bucharest, Biharia street no 67-77, sector 1,
România, ___________ phone, fax 0____________, registered in the Commercial Register under number
___________ __________, __________ unique registration code, tax attribute RO, holder account
number _______________ opened at Bank ____________ - __________ Banking Agency, represented by
CEO and CFO __________________, ___________, as a buyer, have agreed to end the contract.

2. OBJECT OF THE CONTRACT

Supplier shall provide BUYER Product: .................................... as mentioned in specifications.

3. Prices

3.1 The total value of the contract is ...................... Euro and covers the cost of all activities under the
responsibility of the Supplier to fulfil all the requirements stipulated in this contract.

3.2 Prices quoted are firm and fixed and valid unrevised throughout the contract term.

4. DELIVERY

4.1 Condition of delivery: DDP Delivery conditions: ADJUD, Revolutiei street no 17, judetul Vrancea,
(Delivered with custom taxes included), Romania according to Inco terms 2010.

4.2 Date of delivery of the equipment at the Buyer’s location: according to the Offer (delivery schedule
proposed by the tenderer in his tender).

34
4.3 Shipping time: the Supplier must comply with the delivery term of the tender submitted.

4.4 The shipped product will be accompanied by the following documents:

 Notice of accompanying goods

 Invoice with breakdown by components and their prices separately for each device
 Least 12 months Warranty
 Quality Certificate (CoQ)
 Certificate/Declaration of Conformity with EC standards
 Machine Technical Paper: instructions for safe operation, maintenance and protection of labour,
service book with specification range
 Program PLC and robot parameters on magnetic
 Operating and maintenance manuals in Romanian or English
 Other additional documents that may be required from time to time by the authorities of the
country of the Purchaser in such business practices.

5. Terms and Method of Payment:

5.1. Payment 1 – Advance Payment

30% of the contract value as an advance payment shall be paid by the buyer: payable at the signing of
the contract by bank transfer in the bank account of the supplier specified in the current contract.

For all payments to be made as advance payment according to the schedule described above, the
supplier shall submit a bank guarantee letter in the amount of the advance payment provided by the
buyer, in the bank account of the latter (buyer). The bank guarantee letter must be valid until the
completion of the supply process or transaction.

Thus, after the conclusion of the award procedure but before the advance payment of 30% of the
contract by the buyer, the supplier shall submit a bank guarantee letter in favour of the beneficiary,
whose bank account is.............................. .

5.2. Payment 2 - LC
An amount of 40% of the contract value will be paid by letter of credit LC-that will be opened one week
before the delivery date by the buyer in favour of the supplier.

Delivery is confirmed by signing the shipping documents (delivery note, CMR, etc..).

Payment of 40% is made with LC in favour of the supplier in regard to the delivery date specified in the
Offer.

5.3. Payment 3 – the rest of the payment

30% of the contract value will be paid upon completion of the installation process by bank transfer after
signing the minutes of installation and the commissioning of the equipment and after the supplier will
complete the process of schooling / training the buyer’s staff.

35
After the signing the commissioning and before the transfer of the final payment of 30%, the supplier
will submit a bank guaranty letter for good performance in the amount of 5% of the contract value for a
period of 12 months, in favor of the beneficiary.

5.4 Delay Commissioning Fees:

One week delay– 1% of the contract value penalty

2 weeks delay – 2% penalty
3 weeks delay – 5% penalty
4 weeks delay – 10% penalty with the unilateral right to terminate the contract and with the
right of full recovery of the advance.
The delay periods mentioned above are calculated in relation to the time when the equipment should
have been installed and commissioned to the buyer’s location in accordance with the supplier’s offer and
the current contract.

5.5. Billing:
Invoices issued by the supplier should be sent to the buyer’s address mentioned in this contract by post /
courier, with delivery receipt and anticipated by electronic mail to the following addresses ............e-
mail.................., in the attention of the accounting department.

5.6. Validity term of the offer:

The validity of the offer shall be of at least 90 (ninety) days from the date the offer.

5.7 Bank charges:

All bank charges for payments of this contract required by the Buyer’s bank will be borne by the Buyer.
Bank fees required by the Supplier’s bank, shall be borne by the Supplier.

5.8 Good performance quaranty:

In order to release the guaranty of 5% by the beneficiary, after 12 month from the commissioning, the
beneficiary will consider the following key performance indicators:

- The installation has been worked within the parameters accepted during commissioning and has
not generated unexpected shutdowns longer than 120 working hours cumulated from the
commissioning date.
- The energy consumption decrease has been …. % according to the reduction assumed in the
tender documentation.
- The installation maintenance costs have not exceeded 10% of the contract value.

36
 - The technical parameters of the installation have not been changed with more than 3%
(maximum pressure, steam boiler output, water treated composition, temperature before and
after degasser)

6. INSTALLATION

6.1. Execution of installation: The Purchaser shall provide all necessary facilities installed in accordance
with the supplier's recommendations. Connecting elements connecting and installing products will be
made by representatives of the Supplier provided that, first, the product is placed in an appropriate
place and ready for installation as shown by the Provider.
Unloading will be done in the presence of an authorized representative of the supplier.
6.2. Time: installation begins on a date to be agreed by both parties, but no later than 7 days after the
machine has reached its destination.

7. TITLE AND RISK TRANSFER

Title passes from Supplier to Buyer after full payment of the product, Article 3.

8. Reception of products
8.1 After inspection and acceptance by the Buyer of the equipment supplied, after checking their
functioning and after the buyer’s staff training the buyer will sign the final minutes of receiving.
8.2 Date of signing the minutes of receiving is the date on which the final payment will be made and at
which time the property title passes from the supplier to the buy and is also considered the date of
commissioning of the equipment.

9. Personnel training:
9.1 The provider is required to submit a schedule of the buyer’s staff training. This chart must contain at
least two aspects: training related to service and maintenance technology and elements related to
programming and operation control, places of training (.......................), no. of hours allocated for
training and any other information which the supplier considers necessary.
9.2 The offer of training and support services should be included in the total price of the offer.

10. WARRANTY
10.1. Supplier warrants that the product supplied is new, manufactured in accordance with the technical
specifications of the Supplier, under certified quality management system, and without any defect
resulted from design errors, nonconformities and / or hidden defects in material and mistakes
manufacturing flow.
10.2. This Warranty is provided for a period of minimum of …. months from the completion date of
launch of the product.
10.3. All costs necessary for repairs during the warranty period will be borne by the supplier.

37
11. POST WARRANTY SERVICES
11.1. After the warranty period, the Supplier will provide Buyer post-warranty service and parts with
prices applicable at the time the services and parts are required / provided for a minimum of 10 years.
11.2 In the following lines identification data will be inserted (name / registered office / address / work
point / links, contact persons, phone no., E-mail and any relevant data or buyer necessary for to contact
them) for the company authorized to handle the post-warranty services.
…………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………
……….. .

12. Delegation:
Subcontracting of parts of the works from the contract related to the present procurement procedure it
is permitted with the agreement of the beneficiary. The tenderer remains fully responsible for the
contract.

13. FORCE MAJEURE

13.1. - The parties agree that in case of very severe events, absolute imperceptible and unexpected, such
as epidemics, fires, particularly severe weather, floods or other natural disturbances unusual natural
disasters, actions of public enemy, any civil unrest , riots, embargoes, blockades, insurrection or
hostilities, quarantine restrictions due, but not limited to events occurring after the contract and affect
or make one or both parties fail to perform the contract or to reach the result or performances set by
the contract, will result in immediate relief of responsibility of an existing party invoking force majeure.
Force majeure is established by a competent authority.
13.2. - A party cannot fulfil its contractual obligations on time because of the event of force majeure
shall notify the other party within four (4) working days of becoming aware of the occurrence of such an
event and prove the force majeure, within 14 days (calendar). This party also has an obligation to
communicate the date of termination of the force majeure within 4 days.
13.3. - Force majeure relieves contracting parties’ obligations under this contract, as long as it works.
13.4. - Fulfilment of the contract will be suspended during the force majeure, but without prejudice to
the rights of parties that were due to its appearance.
13.5. - The contracting party invoking force majeure shall notify the other Party immediately and
completely, and take any measures that are available to limit the consequences.
13.6. - If force majeure is expected to operate for more than 2 (two) months, either party shall be
entitled to notify the other party of the full termination of this contract, without any other party being
able to claim damages - interests.
13.7. - If the party affected by the force majeure event, does not attempt to notify the other contracting
part, it shall be liable for damage because the other party was not notified, unless such notice was not
performed due to force major.

14. Dispute resolution and applicable law

14.1. The Parties shall make every effort to resolve amicably by direct negotiations, any disagreement or
dispute which may arise between them under or in connection with the performance of the contract.

38
14.2. If after 20 days from the commencement of these negotiations the parties fail to amicably resolve a
contractual divergence, each may require the dispute to be settled by the courts in Romania (where the
provider is a company registered in Romania) or an arbitration court, in a neutral country (where the
supplier is a company registered in another country).
14.3. Place of arbitration shall be .................................. Procedures will be confidential and the language
of arbitration will be conducted in .............................
14.4. Language of the contract is Romanian
This contract shall be drawn up in 2 (two) original copies, 1 (one) for each part.

BUYER: SUPPLIER:

39
 APPENDIX NO. 1

1. Evaluation and comparison of tenders. Award criteria. General aspects

The evaluation committee will consider all offers qualified in accordance with the criterion "the most
economically advantageous" offer.
AWARD CRITERIA - EVALUATION FACTORS:
Crt. No. Evaluation factors Points
1. The offer price for the requested equipment 40

2. Warranty, and service conditions 20

3. Revisions included in the offer, during 20

warranty period
4. Estimated delivery time for the equipment 10

5. Contractual assuming of gas consumption 10

reduction
Total 100

2. Details regarding the calculation of the algortim:

The method involves classifying the bids in descending order of the total scores, taking into account
the weights for each of the evaluation factors listed. The final total score of each tender will be the
arithmetic average of the scores given by all the evaluators. The number of decimals to be used will be
the minimum required for establishing the winner in case of a tie.
The distribution weight will follow the importance of these criteria for SOMACO GRUP PREFABRICATE
so as to sum up 100 points.
If after applying the algorithm presented in this section, two or more offers have the same number of
points, for establishing the winning offer the following criteria (in the order of their presentation) will
be applied:
1. The winning bid will be the one that has the lowest price;
2. The winning bid will be the one that got the best score on the criterion of "technical requirements";
3. The winning bid will be the one that got the best score on the criterion " Warranty, post-warranty
and service ";
4. The winning bid will be the one that got the best score on the criterion of " Payment Conditions"
If after applying all of the four additional criteria mentioned above it will not be possible to establish a
winning bid – a new price offer will be requested from the remaining bidders.

40
3. The offer price – maximum 40 points

a) The offer with the lowest price will be awarded the maximum score - 40 points;

b) For any other price than the one provided in point. a), a proportionally smaller score will be
awarded, as follows: price for bid n = (minimum offer price / evaluated offer price) x maximum score
allocated.

The maximum score awarded: 40 points

Example: 3 offers received
 Bidder A: 650.000E
 Bidder B: 700.000E
 Bidder C: 750.000E

Scores According to the above formula

 Bidder A: 40 points (lowest price offered)

 Bidder B: 34,48 points = (650.0002/700.0002) x 50
 Bidder C: 30,04 points = (650.0002/750.0002) x 50

The prices that will be compared in order to provide scores are expressed in Euro excluding VAT and
will be taken from the financial bid.

4. Warranty and service conditions - maximum 20 points:

Each criterion on the conditions of warranty, post-warranty and service of the technical specifications
reflected in the evaluation grid for the assessment factor must be rated or mentioned as being included in
the final bid price.

The tenderer shall clearly mention in his tender the no. of months of warranty that he offers for
his product.

The score for this criterion will be awarded according to the following calculation algorithm:
 For a warranty period of 24 months or longer, the tenderer will receive 20 points.
 For a minimum warranty period of 12 months the tenderer will receive 8 points.
 Tenderers whose offers are included in this interval (12-24 months) will receive for each extra
month of warranty (from the minimum of 12 months) an extra point.

Example for four offers received, with different warranty periods:

 Offer A: 12 months warranty
 Offer B: 16 months warranty
 Offer C: 20 months warranty
 Offer D: 24 months warranty

41
 Points awarded for the four offer mentioned above:
 Offer A = 8 points (minimum points awarded)
 Offer B = 12 points (16 months= 12 months(minimum) + 4 months / 8 +4 = 12 points)
 Offer C = 16 points (20 months = 12 months(minimum) + 8 months/ 8 +8 = 16 points)
 Offer D = 20 points

5. Revisions included in the offer, during warranty period- maximum 20 points:

a) Two revisions, included in the offer, during warranty period, will be scored with 20 points.

b) One revision, included in the offer, during warranty period, will be scored with 16 points.

c) Stipulating revisions during warranty period, not included in the financial offer, will be scored with
12 points.

d) No revisions stipulated during warranty period will be scored with 0(zero) points

6. Estimated delivery time for the equipment – maximum 10 points

a) For meeting the estimated start up target of maximum 1th of February 2016 - there will be given the
maximum score - 10 points.

b) The tenders that will exceed the estimated start-up term of January 30, 2016 will be scored with 0
(zero) points.

7. Contractual assuming of gas consumption reduction - maxim 10 points

The tenderer assumes a decrease of gas consumption with minimum 35% after the implementation of
the project. The reference is the average gas consumption relative to 1 qm AAC produced.

In the present the consumption is 14 qm gas / 1 qm AAC produced. The average production during
last three years have been 290.000 qm AAC/ year

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To respect this indicator, the beneficiary assumes an annual production of minimum 280.000 qm AAC.

a) For assuming a reduction of 35% - the score is 10 points (9,1 qm gas/1 mc AAC)

b) For each percentage less, the score is reduce with one point :

34%.... 9 points
.
.
26%.....1 points
25%.....0 points

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