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APPENDIX 8. REQUIREMENTS FOR THE PRICE REQUEST PARTICIPANTS AND PRICE
REQUEST PROCEDURE
1. General Provisions
Price request can be open or closed, as well as be conducted in one or two stages. During the first
stage in a two-stage price request procedure, participants' prequalification is conducted. The short-listed
participants receive a relevant notification. During the second stage short-listed participants submit their
offers in accordance with the terms and conditions of the procurement documentation, including the price
offer (price per product unit, the lot price, and total procurement price).
In case of the closed procurement procedure, the procurement documentation, including the notice
of procurement, is sent to potential participants at least ten general working days (in certain cases at least
five general working days) prior to the expiration of the participants’ bidding deadline (hereinafter – “the
bids”).
Countdown of the call for bids’ period begins on the day following the date its mailing out to
potential participants.
The procurement authority (hereinafter – “the authority”) is entitled to make alterations to the
procurement documentation, including the notice of price request procedure, at any time starting with the
day of announcing the price request procedure and through the bidding deadline. No later than one
business day after the day of signing the notice of alterations in case of the closed procurement procedure
they are sent to all potential participants to whom the notice of procurement and the procurement
documentation were sent.
Upon the expiration of the bidding deadline the following alterations are allowed:
a) Prolongation of the bidding deadline (with the corresponding extension of the date and
time of bid opening);
b) Change in the volume of the purchased products;
c) Change in the deadlines for the goods supply, works performance, service rendering;
d) Change of the delivery place for the goods supply, works performance, service rendering;
The authority is entitled to elect not to conduct the procurement procedure at any time from the day
of its announcement, including after the bidding deadline, opening of the participants’ bids. The
notification on the cancellation of the price request procedure no later than one business day after its
signing, in case of the closed procurement procedure – it is sent to all potential participants to whom the
notice of procurement and the procurement documentation were sent.
No later than three general working days prior to the expiration of the bidding deadline, any
potential participant is entitled to send a request for clarification of the procurement documentation
provisions (in case of shortening of the bidding deadline to five general working days, such requests are
accepted through the expiration day of the bidding deadline).
The request for clarification of the procurement documentation provisions should be sent in writing
to the e-mail address indicated in the notice of procurement, or by any other means allowing identification
of the request initiator and its return address. The authority is entitled not to consider anonymous
requests.
Within three business days after the receipt of the abovementioned request, the procurement
authority shall send clarification of the procurement documentation provisions to the request initiator.
Within the stipulated time period in case of the closed procurement procedure it is sent to all potential
participants to whom the notice of procurement and the procurement documentation were sent.
If it is not possible to provide clarification of the procurement documentation provisions prior to the
bidding deadline, the indicated time period is extended for at least three general working days.
The authority if entitled:
not to provide clarifications to the participants on the issues of the procurement procedure
except as otherwise expressly provided in the procurement documentation;
not to inform the participants about the decisions taken by the Procurement Commission,
including about the prequalification (denial in prequalification) for participation in the
procurement procedure.
Should the winner avoid from concluding the agreement, or should a participant provide inaccurate
information and (or) counterfeit documents during the procurement procedure, as well as in case of a
material breach by the supplier (executor, contractor) of the terms and conditions of the concluded
agreement, the information about such participant may be entered into the JSOC Bashneft Blacklist of
suppliers for the period from one to two years. The Participant about whom the information is entered
into such Blacklist shall not be admitted to participation in procurement bids conducted by JSOC
Bashneft, its branches, subsidiaries and/or affiliated companies during the above mentioned period.
2. Qualification Requirements for Participation in the Price Request
Any legal entity regardless of its business legal structure, form of ownership, location, as well as a
self-employed entrepreneur may become a participant of the price request. Also a physical person may be
a participant in case of purchasing unique products (protected by license, patents etc).
The procurement documentation establishes mandatory and additional eligibility criteria for
participation in the procurement procedure.
The participant should comply with the below mandatory eligibility criteria to participate in the
procurement procedure:
- non-liquidation of the participant – legal entity, and the absence of the arbitration court decision
on declaring the participant – legal entity or a self-employed entrepreneur bankrupt and on the absence of
the warrant in bankruptcy;
– absence of information about the participant in the JSOC Bashneft Blacklist of suppliers;
– absence of overdue accounts receivable to JSOC Bashneft, its Branches, subsidiaries and/or
affiliate companies.
The procurement authority is entitled to establish additional eligibility criteria for participation in
the procurement procedure which are indicated in the attachment to the notification ‘Scope of
Procurement Description’. As such, the participants must submit documents indicated in the attachment to
the notification ‘Scope of Procurement Description’, which form part of the participant’s bid and confirm
compliance with the additional eligibility criteria.
During consideration of the participants’ bids, the Procurement Commission shall be entitled to
refuse participation in the procurement procedure in the below cases:
- failure to comply with mandatory and additional eligibility criteria for participation in the
procurement procedure;
- non-compliance of the participant’s bid with the procurement documentation requirements;
- failure to submit any documents from the procurement documentation list or if such
documents contain inaccurate information about the participant or the goods, works,
services, for the supply, performance or rendering of which, the price request is conducted;
- in other cases when signing the agreement with a participant may cause commercial,
corporate, reputation and other risks for the client.
The Procurement Commission is obliged to reject the participant’s bid if it establishes that the
participant offered a reward (in any form) to Procurement Commission members, the authority’s
employees. The Procurement Commission is also entitled to reject the bids of the participants who made
an agreement inter se on coordinated actions with the aim to influence the winner selection.
The procurement authority is entitled to request the information about participant’s eligibility to
mandatory qualification criteria from relevant bodies and organizations.
3. Requirements to the Price Request Bid
Documents that form part of the participant’s bid shall be issued in accordance with the forms
established by the procurement documentation.
The following documents shall form part of the participant’s bid:
- Application to participate in the procurement (the bid);
- Participant’s Offer (Commercial Offer) in a separate sealed envelope (!);
- information about the participant;
- the documents on state registration of a legal entity or physical person as a self-employed
entrepreneur in accordance with the legislation of the relevant state (for foreign persons);
- other documents in accordance with the procurement documentation requirements.
The bid shall contain the list of the submitted documents.
Documents, copies of documents, submitted as part of the bid should be duly attested (attested by
the participant’s organization seal and the signature of the Director or an authorized representative).
It is required to divide the submitted bid documents into two parts. The first (Commercial Offer)
part should contain the document, prepared in accordance with the appendix 'The Participant's Offer’. The
other part of the bid should contain the rest of the documents in accordance with the ‘List of Documents,
Forming the Participant’s Bid’ (Technical Offer). In this case each part of the documents (all pages of
each part) should be bound and numbered separately. As such, each part of the documents should be
attested by the Participant’s seal (for legal entities) and endorsed (signed) by the Participant’s director or
the person authorized by the Director, on the bound side.
Participant’s Bid (documents that form the Participant’s offer) shall be submitted ONLY in a sealed
envelope. Bids submission by e-mail is not allowed.
The bid shall be compliant with the following requirements:
– the outer sealed envelope shall contain two inner sealed envelopes: 1) Technical Offer and 2)
Commercial Offer;
– each envelope (out of three envelopes: one outer envelope and two inner envelopes) shall be
issued in accordance with the ‘Layout Pattern For The Envelope With The Participant’s Bid.
On the outer envelope the participant shall be entitled to indicate its commercial name, postal
address (for a legal entity) or the family name, first name and the patronymic, the residential address (for
a self-employed entrepreneur). The participant shall ensure the bid delivery on time and to the place of
delivery which are indicated in the notice of procurement. Should the envelope with the participant’s bid
be put inside an additional envelope, such additional envelope should also contain the information in
accordance with the ‘Layout Pattern For The Envelope With The Participant’s Bid’, or this information
should be indicated in the accompanying document (way-bill).
In the process of issuing bid documents, the participant should use common terms, symbols and
abbreviations or use them in accordance with the requirements of current regulatory legal acts. As such,
the information contained in the participant’s bid shall have an unambiguous interpretation. No erasures
and corrections are allowed with the exception of corrections attested by a hand-written remark
‘Alteration approved’ and the signature of the participant’s Director or an authorized person which should
be put next to each correction.
The participant’s offer shall be issued in accordance with the form ‘The Participant’s Offer’.
Description of the characteristics of the supplied goods, which are the scope of the procurement, i.e. its
functional characteristics (consumer performance), qualitative and quantitative characteristics as well as
the description by the participant of the performed works, rendered services which are the scope of
procurement, their qualitative and quantitative characteristics shall be carried out in accordance with the
requirements indicated in the procurement documentation. Should the products possess characteristics
that are not indicated in the procurement documentation, their description may be submitted in a separate
document attached to the pro-forma ‘The Participant’s Offer’.
It is recommended that the participants should submit their offers for all purchased items of the
goods, services that form part of the lot. In case of removing certain items from the lot, the participant’s
bid for this lot may be disqualified for the procurement procedure.
If the participant’s offer contains a deviation between the offered price, expressed as a figure and in
words, the Procurement Commission shall consider the price expressed in words. If the participant’s offer
contains an error in calculation of the procurement final price, it is corrected on the basis of the offered
per unit price.
Documents and information that form part of the bid shall be in the English language. Documents
and information submitted in any other language should be accompanied by the duly attested translation
into the English language. In case of discrepancies between the translation and the original, the
Procurement Commission shall make a decision on the basis of the translation. The Procurement
Commission shall be entitled not to consider documents that are not translated into the English language.
Documents and information submitted as part of the bid shall not be returned to the participant and
remain on the authority's file.
The participant shall bear all expenses related to the preparation and submission of the bid. As such
the procurement authority shall not be responsible and shall not be liable for those expenses, regardless
the procurement procedure results.
4. The Order of Bid Submission for Participation in the Price Request
In case of a closed procurement procedure the starting day for taking bids is the day following the
day of sending the procurement documentation to potential participants.
The call for bids is terminated on the day indicated in the notice of procurement. Bids are submitted
at the address indicated in the notice of procurement.
The administrative office shall register each envelope with the bid submitted within the deadline
indicated in the notice of procurement and assign to it an index number with the indication of the delivery
date and time. Refusal from acceptance and registration of the envelope with the bid on which there is no
information about the participant, who submitted this envelope, is not allowed.
Upon the request of the participant, who submitted the envelope with the bid, the administrative
office shall issue a receipt confirming the delivery of the envelope with the indication of the registration
number, delivery date and time.
The participants who submitted the bids shall be obliged to ensure the confidentiality of information
contained in these bids until the opening of the envelopes with the bids.
Alongside with the main offer submission, the participant may submit alternative offers. An offer
ensuring functional and other characteristics (consumer performance) of the goods and works or services’
performance results, relevant requirements of the procurement documentation, but using other technical,
technological, economic or organizational decisions shall be considered to be an alternative offer. The
alternative offer shall be submitted as part of the bid in accordance with the pro-forma ‘Participant’s
Offer’. The bid should also contain relevant additional documents, including those not envisaged by the
procurement documentation but related to such alternative offers.
The participants who made the bid shall have the right to amend it prior to the bidding deadline
expiration. Alterations made to the bid shall form its integral part. Alterations to the bid shall be
submitted within the time period and in the order envisaged for bid submission. As such, on the envelope
it is necessary to indicate: ‘Alterations to the bid on participation in the price request for the supply of
(name of the goods), execution of (name of the works), rendering of (name of the services).’
The administrative office shall register each envelope with the alterations of the bid delivered
within the deadline indicated in the notice of procurement, and assign to it an index number with the
indication of the delivery date and time. The Procurement Commission shall open the envelopes with the
alterations to the bids at the same time with the envelopes with the bids. No alterations to the bids are
allowed after the bidding deadline expiration.
The participant who made the bid shall be entitled to withdraw it prior to the bidding deadline
expiration. In the bid withdrawal application the participant should indicate the name of the procurement
procedure, the bid registration number, delivery time and date and the mode of delivery. The bid
withdrawal application shall bear the seal and be attested by a signature of the participant’s Director or an
authorized person. The bid withdrawal application shall be submitted within the deadline envisaged for
the bid submission. The administrative office shall register the bid withdrawal application and assign to it
an index number with the indication of the delivery date and time. No bid withdrawal is allowed after the
expiration of the bidding deadline.
5. The Order of Participants’ Bid Opening and Processing
The Procurement Commission or the Work group on opening participants’ bids shall register the
participants' bids not earlier than the time established by the procurement documentation and then open
only envelopes containing participants’ Technical Offers.
During the bid opening the following information is announced: the participant’s name, the place of
the registration, the participant’s price offer (total amount for the lots and items offered by the
participant).
It is not allowed to accept bids, received after the expiration of the bidding deadline.
After the bid opening, the Procurement Commission or the Work group on opening participants’
bids, the procurement authority shall be entitled to request from the participants to clarify the provisions
of their bids, as well as additional documents and information, including those missing in the bid.
The participants’ bids shall be checked for the compliance with the requirements established by the
procurement documentation. With the purpose to establish quality conformance of the offered goods to
the client’s requirements and the procurement documentation, the procurement authority is entitled to
request from the participant a goods sample (trial) for the supply of which the procurement procedure is
conducted.
After the technical evaluation of the bid the decision is made on the participant’s qualification or
disqualification to enter the stage of commercial evaluation. Only commercial offers of technically
qualified participants shall be opened. Commercial offers of technically disqualified participants shall not
be opened and then returned back to such participants.
6. The Selection of the Procurement Procedure Winner
With the purpose to select the procurement procedure winner, the Procurement Commission shall
evaluate the qualified participants’ commercial offers.
‘Price’ (price per unit, price for the lot, item, and the total procurement amount) shall be the
evaluation criteria for the participants’ bids.
In case of discrepancies between the payment terms contained in the participant’s offer and the
procurement documentation requirements, for the evaluation purposes, a tentative adjustment of the
participant’s price offer shall be carried out taking into account his/her offer for payment terms.
The bid containing the lowest price offer (taking into account the payment terms) shall be declared
the winner. Should two or more bids contain equal price offer taking into account the payment terms, the
winner among these bid participants shall be determined by the decision of the Procurement Commission.
The procurement authority shall send to the winner a notification about the procurement procedure
results by e-mail.
In case of the open procurement procedure the notification about the procurement procedure results
shall be posted on the Internet-site. In case of the closed procurement procedure, such notification shall be
sent by e-mail to all participants who submitted their bids but were not selected the winner.
7. Signing the Agreement
At the request of the structural division responsible for signing the agreement, within five business
days after the receipt of such a request, the procurement procedure winner shall be obliged to submit the
requested documents, duly attested and required for signing the agreement.
Following the results of the procurement procedure, the agreement is issued by including the terms
and conditions offered by the winner, into the draft agreement, attached to the procurement
documentation. The draft agreement attached to the procurement documentation shall not be altered by
the procurement procedure winner. In case there is no draft agreement in the procurement documentation,
the agreement is prepared on the basis of a draft agreement suggested by the winner or the structural
division responsible for signing the agreement.
Appendix containing the parties' obligation to observe the requirements of the applicable anticorruption legislation and ethical norms shall form an integral part of the concluded agreement.
During signing the agreement it is allowed to conduct pre-agreement negotiations, aimed at the
improvement of the agreement terms and conditions, established following the results of the procurement
procedure. Following the results of the pre-agreement negotiations, the winner shall submit a written
confirmation of alterations to the agreement terms and conditions or issue a bilateral protocol which
should be attached to the agreement.
If the procurement documentation establishes the requirement on enforcement of the agreement, the
signing of the agreement shall be carried out taking into account this requirement. In this case the mode
and the extent of the agreement enforcement shall be indicated in the notice of procurement.
The agreement amount, unit price determined following the results of the procurement procedure
shall remain unchanged throughout the duration of the agreement.
In case of reducing the scope of the purchased products the agreement amount shall be decreased in
proportion to the decrease of the scope of the purchased goods, performed works, rendered services.
In case the winner fails to present the signed agreement within ten business days after the receipt
(by fax, e-mail or other available way) of the draft agreement of the structural division responsible for
signing the agreement, such winner may be recognized as avoiding from signing the agreement.
The agreement amount may be decreased upon the parties’ consent without changing the number of
the supplied goods, scope of the performed works, rendered services or other terms and conditions of the
agreement.
During the execution of the agreement it is not allowed to replace the supplier (executor, contractor)
with the exception of cases when the new supplier (executor, contractor) is the legal successor of the
supplier (executor, contractor) under such agreement due to the reorganization of the legal entity in the
form of transformation, merge or take-over.
If the client refuses from signing the agreement with the procurement procedure winner, the client
shall send a relevant notification to the winner. Following the results of the procurement procedure the
client does not acquire any obligations for concluding an agreement with the participants, and it is not
responsible for the refusal from signing the agreement with them since the procurement documentation,
including the notice of procurement is not an offer (public offer).
8. Securing the Participants’ Rights and Lawful Interests’ Protection
The procurement authority is forbidden to:
– coordinate the participants’ activities;
– establish preferential conditions for a participant or several participants during the procurement
procedure, including by access to confidential information;
– violate the procedure of winner(s’) selection.
Should such fact(s) be confirmed, the Procurement Commission shall be obliged to cancel the
procurement procedure and its results.
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