2016-04-13

OPEN TENDER NOTICE
concerning a contract of a value below € 209,000

Polskie Wydawnictwo Muzyczne
Al. Krasińskiego 11a,
31-111 Kraków

hereby announces an open tender for:

"Successive Purchase of Music Books (Scores) Published by Foreign Publishers".

The object of the contract shall be successive sale and delivery to the Awarding Entity of music scores published by foreign publishers listed in the Terms of Reference (SIWZ). Detailed description of the object of the contract is provided in the Terms of Reference (SIWZ) which can be obtained (free of charge) from the registered seat of the Awarding Entity at al. Krasińskiego 11a in Kraków, from 800 AM to 400 PM or downloaded from the Awarding Entity's website: http://pwm.com.pl
The Awarding Entity shall admit tenders for lots. An economic operator may submit a tender for any number of lots. In the Terms of Reference, the Awarding Entity has specified nine (9) individual lots.
The Awarding Entity shall not accept variant tenders.
No security deposit is be required.
In order to select the most advantageous tender, the Awarding Entity shall apply the following criteria:
- discount on retail price – 80 %
- shipping costs – 20 %
Contract delivery period – successively, for 12 months from the date of execution of the contract.
A tender shall be submitted to the Awarding Entity's registered seat in Kraków, al. Krasińskiego 11a,
Tender submission deadline – 27th April 2016, at 09:45 AM.
Submitted tenders shall be opened on 27th March 2016 at 10:00 AM in the Awarding Entity's registered seat in Kraków, at al. Krasińskiego 11a,
Tenders shall be valid and binding for 30 days.
Pursuant to art. 22 clause l of the Public Procurement Law Act, eligible to compete for a contract shall be economic operators who satisfy the conditions as regards:
A) having officially acknowledged qualifications to conduct a given type of activity or perform a given action,
B) having adequate knowledge and experience,
C) having adequate technical facilities and personnel capable of delivering the contract,
D) economic and financial standing.

In order to demonstrate that an Economic Operator satisfies the requirements and that there are no reasons for exclusion due to failure to satisfy the requirements laid down in art. 24 clause 1 of the Public Procurement Law Act, along with the tender it shall submit the following:
1. Representation of the Economic Operator on satisfaction of the requirements laid down in art. 22 clause 1 items 1 - 4 of the Public Procurement Law Act,
2. Representation of the Economic Operator on the absence of reasons for exclusion under art. 24 clause 1 of the Public Procurement Law Act,
3. Representation of the Economic Operator, containing information on whether it is a member of a capital group referred to in art. 24 clause 2 item 5 of the Public Procurement Law Act. If the Economic Operator is a member of a capital group, along with its tender it shall submit a list of other members of the same capital group, as required under art. 26 clause 2b of the Public Procurement Law Act.
4. Valid extract from a relevant register, if applicable, in order to demonstrate absence of reasons for exclusion under art. 24 clause 1 item 2 of the Public Procurement Law Act; as regards natural persons - representations required under art. 24 clause 1 item 2 of the Act.
5. If the relevant Economic Operator has its registered seat or place of residence outside the Republic of Poland, instead of the documents referred to in item 4, it shall submit a document or documents issued in the country where it has its registered seat or place of residence, confirming, respectively, that no liquidation proceedings are pending with respect to it and that it has not been declared bankrupt.
6. The documents referred to in item 4 above shall be issued not earlier than six months before the tender submission deadline.
7. If the documents referred to above in item 4 are not issued in the country of residence of the person concerned or in the country where the Economic Operator concerned is seated or domiciled, they shall be replaced with a representation made before a notary, competent judicial body, administrative body, or trade or business self-governing body, competent for the place of residence of the person or for the country in which the Economic Operator is seated or domiciled. Item 6 shall apply accordingly.
8. If, when demonstrating satisfaction of the requirements referred to in items A - D above, an Economic Operator relies on resources of other entities and such entities will be involved in the performance of any part of the contract, the Awarding Entity shall require that the Economic Operator submit the documents referred to in items 2 and 4 above, concerning such entities.
9. The Economic Operators submitting a joint tender shall prove that the requirements mentioned in items A - D above are met jointly by all economic operators concerned.
10. The Awarding Entity shall require that the Economic Operators submitting a joint tender which has been evaluated as the most advantageous one, execute an agreement governing their cooperation and submit the same to the Awarding Entity.

This notice is submitted for publication in Public Procurement Bulletin [Biuletyn Zamówień Publicznych] 13 April 2016.
CPV: 22114000-2.

______________________________________________________________________

TERMS OF REFERENCE

1. Awarding Entity Details
The Procedure is conducted by:
Polskie Wydawnictwo Muzyczne
Al. Krasińskiego 11a,
31-111 Kraków

2. Awarding Entity's correspondence address.
All written correspondence to the Awarding Entity, related to the present procedure, should be sent to the following address:
Polskie Wydawnictwo Muzyczne
Al. Krasińskiego 11a,
31-111 Kraków
fax 48 12 4227328
The Awarding Entity shall not be liable for consequences of failure by Economic Operators to comply with the above.

The followings persons are authorised to contact with Economic Operators:
a) as regards the object of tender - Ms. Sylwia Religa tel: 48 12 4227044 ext. 142 e-mail: sylwia_religa@pwm.com.pl
b) as regards formal and legal matters: Małgorzata Karbownik tel. 48 12 4227044 ext. 179, e-mail: malgorzata_karbownik@pwm.com.pl
Information available on business days (excl. Saturdays) from 0900AM to 400PM.
The procedure for awarding a public contract is conducted with the participation of the Tender Evaluation Board.

3. Contract Awarding Procedure
Public contract awarding procedure is conducted pursuant to the provisions of Public Procurement Law Act, dated 29th January 2004 (consolidated text: Dz.U. [Journal of Laws] of 2015, item 2164), hereinafter referred to as the Act, as an open procedure.

4. Manner of Communication of the Awarding Entity with Economic Operators
4.1. All written correspondence to the Awarding Entity, related to the present procedure, should be sent to the address provided in Item 2. The Awarding Entity shall not be liable for consequences of failure by an Economic Operator to comply with the above requirement.
4.2. Representations, applications, notices and information shall be served by the parties in writing or via fax, provided that the requirements laid down in clause 4.3 of the Terms of Reference are satisfied. The Awarding Entity shall accept enquiries concerning clarification of the contents of the Terms of Reference (SIWZ) in electronic form, sent to the following address: sylwia_religa@pwm.com.pl
4.4. Representations, applications, notices and information sent to the Awarding Entity via fax or e-mail (use of e-mail is permitted only in the case of enquiries for clarification of the contents of the Terms of Reference) shall be deemed served on time, provided that they are effectively delivered to address of the Awarding Entity specified in clause 4 hereof within the prescribed deadline. Each Party, upon request of the other, shall immediately acknowledge the receipt of the relevant fax or e-mail message.
4.5. Tenders shall be submitted in writing.

5. General Procedure Participation Rules
5.1. A tender may be submitted by a natural person, legal person, or an entity without legal personality as well as by entities acting jointly, provided that they satisfy the requirements laid down in Public Procurement Law Act and in these Terms of Reference.
5.2. Every Economic Operator is allowed to submit one offer to every lot.

Part II
Object of the Contract to be Awarded and Contract Completion Date

6. Object of the Contract.
6.1. The object of the contract shall be successive sale and delivery to the Awarding Entity of music scores published by foreign publishers listed herein.
6.2. Division of the contract into lots.
The Awarding Entity allows for submitting tenders for lots, in line with the following:

Lot I Publications of :
Henle Verlag
The Awarding Entity assumes that during the contract term, the value of publications ordered shall not exceed the net amount of PLN 18,000

Lot II Scores published by (including choral and orchestral performance scores):
1. Schott
2. Universal Edition
3. Boosey&Hawkes
4. Doblinger
5. Wiener Urtext Edition
6. Carl Fischer
7. IMC,
8. Hofmeister Musikverlag,
9. Dohr Verlag,
10. Amadeus,
11. Bote&Bock,
12. Möseler Verlag,
13. Zen-On-Music
The Awarding Entity assumes that during the contract term, the value of publications ordered shall not exceed the net amount of PLN 62,000.

Lot III Publications of:
Editio Musica Budapest
The Awarding Entity assumes that during the contract term, the value of publications ordered shall not exceed the net amount of PLN 20,000

Lot IV Publications of (including choral and orchestral performance scores):
Breitkopf&Hartel
The Awarding Entity assumes that during the contract term, the value of publications ordered shall not exceed the net amount of PLN 38,000

Lot V Publications of :
1. Oxford Univeristy Press
2. ABRSM
The Awarding Entity assumes that during the contract term, the value of publications ordered shall not exceed the net amount of PLN 48,000.

Lot VI Publications of (including choral and orchestral performance scores):
1. Ricordi
2. Durand
3. Salabert
4. Max Eschig
The Awarding Entity assumes that during the contract term, the value of publications ordered shall not exceed the net amount of PLN 16,000

Lot VII Publications of (including choral and orchestral performance scores):
Sikorski
The Awarding Entity assumes that during the contract term, the value of publications ordered shall not exceed the net amount of PLN 3,500.

Lot VIII Publications of (including choral and orchestral performance scores):
Carus Verlag
The Awarding Entity assumes that during the contract term, the value of publications ordered shall not exceed the net amount of PLN 5,000.

Lot IX Publications of (including choral and orchestral performance scores):
Alphonce Leduc
The Awarding Entity assumes that during the contract term, the value of publications ordered shall not exceed the net amount of PLN 4,000.
 

6.3. The requirements concerning delivery of the object of the contract.
Terms and Conditions for delivery of the object of the contract:
6.3.1. Ordering publications:
a) via e-mail, in the form of a pdf or Excel file, sent to a person in charge of receiving orders on the part of the Economic Operator performing the contract;
b) using the online ordering system available on the website – provided that the Economic Operator awarded the relevant Lot of the contract has such a system in place.
6.3.2. Shipping of the ordered publications:
The manner of shipping shall be each time agreed upon between the Economic Operator performing the contract and the Awarding Entity. It will depend on the volume and weight of the package ready for shipping. The costs of agreed form of shipping shall be borne by the Awarding Entity. The costs will be included in the invoice concerning the sale of the ordered publications as a separate item (the shipping costs must be stated separately from the costs of purchase of publications).
6.3.3. Manner and frequency of settlements:
a) Invoices shall be payable via a bank transfer within 30 days of the invoice issue date. The invoices shall be issued not earlier than concurrently with the delivery of the ordered publications.
b) Orders will be delivered successively, until the value limit prescribed for a given Lot of the contract is reached or until expiration of the contract. The Economic Operator shall not be entitled to make any claims on account of failure by the Awarding Entity to place orders of a value equalling the limit prescribed for a given Lot of the contract. The Awarding Entity reserves the right not to utilise in whole the limit prescribed to a given Lot of the contract.
c) Payments shall be made for the copies actually delivered to the Awarding Entity, in compliance with the terms laid down in the contract template, constituting an Appendix hereto.
6.3.4. Rules on establishing the price of an ordered publication:
The price of the ordered publication shall be established on the basis of a percentage discount granted by the Economic Operator (at a fixed rate established for the whole contract term) and stated in the submitted tender. The percentage discount will be calculated on the retail price of the publisher of a given publication. The retail price shall be the catalogue price quoted, e.g. on the website of the publisher of the ordered publication. By submitting a tender, the Economic Operator agrees to the resale of ordered publications by the Awarding Entity to end customers and waives the right to establish the resale price.
6.3.5. The number of copies per single order:
a) music scores and books ordered for stock: estimated at 1 to 50 copies
b) performance scores (choral and orchestral): estimated at 1 to 100 copies
6.3.6. Delivery terms:
a) Order delivery – up to 7 business days of order placement, unless agreed otherwise by the parties upon acceptance of the order for subsequent delivery of publications;
b) If the product ordered is temporarily unavailable, the order may be accepted as back order, with 60 days delivery period. After that period, the order shall be deemed void. The specific terms and conditions are laid down in the template contract appended hereto;
c) If a given order includes an item which is temporarily unavailable, the Economic Operator shall notify the Awarding Entity of this fact within three days of receipt of the order.

6.4. Classification as per CPV
CPV Code: 22114000-2

7. Tender for Lot
7.1. The Awarding Entity shall admit tenders for lots. The Economic Operator may submit a tender any number of Lots mentioned in clause 6.2. hereof.
7.2. One of the validity criteria applicable to tenders is that a tender submitted for a given Lot must cover the whole object of the Lot concerned.

8. Supplementary contracts
The Awarding Entity provides for the possibility to award supplementary contracts referred to in art. 67 clause 1 item 7 of the Public Procurement Law Act. The value of a supplementary contract shall not exceed 20% of the value of the main contract. The object of a supplementary contract shall satisfy the requirements laid down in art. 67 clause 1 item 7 of the Act.

9. Variant tenders
Awarding Entity shall not accept variant tenders.

10. Contract performance term
Economic Operator shall successively perform the contract for a period of 12 months from the date of execution of the contract.

Part III
Conditions to be satisfied and documents to be submitted by an Economic Operator

12. Conditions for participation in the awarding procedure and description of how compliance with these conditions is evaluated
12.1. Conditions for participation in the awarding procedure and description of how compliance with these conditions is evaluated. Pursuant to art. 22 clause l of the Act, eligible to compete for a contract shall be Economic Operators who satisfy the conditions as regards:
12.1.1. having officially acknowledged qualifications to conduct a given type of activity or perform a given action, if such officially acknowledged qualifications are required under applicable provisions of law;
12.1.2. having adequate knowledge and experience,
12.1.3. having adequate technical facilities and personnel capable of delivering the contract,
12.1.4. Economic and financial standing.

12.2. Economic Operators submitting a joint tender shall prove that the requirements mentioned in item 12.1 above are met jointly by all the Economic Operators concerned.

12.3. Economic Operator shall satisfy all requirements referred to in item 12.1 hereof not later that at the time of submitting the tender and shall demonstrate the absence of reasons for exclusion from participation due to failure to satisfy the requirements under art. 24 clause 1 of the Public Procurement Law Act.

12.4. The Awarding Entity shall determine whether the Economic Operator satisfies the requirements referred to in item 12.1. hereof on the basis of the representation submitted along with the tender, on satisfaction of the procedure participation requirements referred to in item 13.1. and on the basis of documents submitted along with the tender, required by the Awarding Entity, listed in clause 13 hereof, confirming the satisfaction of the requirements.

12.5. An Economic Operator may utilise the expertise and experience, technical facilities, personnel capable of delivering the contract, as well as financial resources of other entities, regardless of the nature of its relationship with such entities. In such case, the Economic Operator shall demonstrate to the Awarding Entity that it shall have at its disposal resources necessary to perform the contract, in particular, by providing a written declaration of such entities to make necessary resources available to it for use throughout the contract performance term.

12.6. An Economic Operator who fails to demonstrate its compliance with the procedure participation requirements laid down by the Awarding Entity, as mentioned above, and fails to demonstrate the absence of reasons for exclusion from participation due to failure to satisfy the requirements referred to in art. 24 clause l of the Act, shall be excluded from the procedure.

13. List of representations/declarations and other documents required from Economic Operators as evidence of satisfaction of the procedure participation requirements and of absence of reasons for exclusion.
In order to demonstrate that an Economic Operator satisfies the requirements and that there are no reasons for exclusion due to failure to satisfy the requirements laid down in art. 24 clause 1 of the Public Procurement Law Act, along with the tender it shall submit the following:
13.1. Representation of the Economic Operator on satisfaction of the requirements laid down in art. 22 clause 1 items 1 - 4 of the Public Procurement Law Act – (representation template is appended hereto),
13.2. Representation of the Economic Operator on the absence of reasons for exclusion under art. 24 clause 1 of the Public Procurement Law Act – (representation template is appended hereto),
13.3. Representation of the Economic Operator, containing information on whether it is a member of a capital group referred to in art. 24 clause 2 item 5 of the Act. If the Economic Operator is a member of a capital group, along with its tender it shall submit a list of other members of the same capital group, as required under art. 26 clause 2b of the Act (representation template is appended hereto).
13.4. Valid extract from a relevant register, if applicable, in order to demonstrate absence of reasons for exclusion under art. 24 clause 1 item 2 of the Act; as regards natural persons - representations required under art. 24 clause 1 item 2 of the Act.
13.5. If the relevant Economic Operator has its registered seat or place of residence outside the Republic of Poland, instead of the documents referred to in item 4, it shall submit a document or documents issued in the country where it has it registered seat or place of residence, confirming that:
a) no liquidation proceedings are pending with respect to it and it has not been declared bankrupt,
b) it is not in arrears as regards payment of taxes, levies as well as health and social insurance contributions or that it has been lawfully granted a tax exemption, adjournment, the possibility to pay outstanding tax liabilities in instalments, or the suspension of the execution of the decision of a competent body,
c) no adjudication has been issued with respect to it, banning it from participating in a contract award procedure.

13.6. The documents referred to in items 4 and 5 shall be issued not earlier than six months before the tender submission deadline.

13.7. If - when demonstrating satisfaction of the requirements referred to in item 12.1. hereof - an Economic Operator relies on resources of other entities, in compliance with item 12.5. hereof, and such entities will be involved in performance of any part of the contract, the Awarding Entity shall require that the Economic Operator submits the documents referred to in items 13.2, 13.4 hereof, concerning such entities.

14. Joint Tender
14.1. The Awarding Entity shall require that the Economic Operators submitting a joint tender which has been evaluated as the most advantageous one, execute an agreement governing their cooperation and submit the same to the Awarding Entity not later than within 3 days prior to execution of the contract to be awarded hereunder. An agreement governing the cooperation between the Economic Operators submitting a joint tender shall contain the following:
a) the business purpose for which the agreement is executed (which shall be the performance of the contract to be awarded hereunder);
b) term of the agreement, which shall not be shorter than the term of the contract, plus the relevant statutory guaranty and implied warranty periods;
c) provisions stating that the agreement cannot be terminated or withdrawn from by either party (Economic Operators acting jointly) until all obligations under the contract have been duly fulfilled;
d) provisions stating that any amendment in the cooperation agreement between the Economic Operators shall be deemed null and void, unless made upon prior written consent of the Awarding Entity;
e) representation that all parties (Economic Operators acting jointly) shall be jointly and severely liable for adequate performance of the contract, for providing performance bond, and for any claims under statutory guarantee and implied warranty;
f) detailed description of the manner of cooperation of the partners in performing the contract and the division of tasks;
g) appointment of the Leader representing the partners (Economic Operators acting jointly) in connection with the contract performance.
h) information that the Leader is authorised to bind the partners, to receive payments from the Awarding Entity, and to receive instructions for and on behalf of all partners (Economic Operators acting jointly) and each of them separately.
14.2. Economic Operators submitting a joint tender shall provide in the tender form the correspondence address to which the Awarding Entity shall send all correspondence related to the contract awarding procedure.

15. Security Deposit
Security deposit shall not be required.

16. Performance Bond
Performance bond shall not be required under this contract awarding procedure.

Part IV
Tender Preparation

17. Representations and other documents required in the course of contract awarding procedure:
A tender shall consist of:
a) completed Tender Form the content of which shall be in compliance with the template constituting Appendix No. 1 hereto. (NOTE: the Awarding Entity has developed a separate template for each Lot, constituting Appendixes 1a to 1j hereto). Economic Operators submitting a tender for a specific Lot shall fill in the applicable Tender Form template);
b) representations and documents referred to in item 13 hereof, required under applicable legal provisions in force;
c) power of attorney to submit the tender, along with documents confirming authorisation of people granting the power of attorney/submitting the tender (including power of attorney to represent all Economic Operators submitting a joint tender, in accordance with art. 23 clause 2 of the Act), unless the authorisation explicitly stems from other documents forming the tender,
d) representation referred to in item 17.11. below – only when a given Economic Operator wishes that certain information provided in the tender be regarded as company secret.

17.2. A tender shall be drawn up in accordance with the requirements laid down herein.
17.3. An Economic Operator may only submit one tender by adequately filling in a Tender Form with respect to (a) given Lot or Lots for which the Economic Operator wish to compete. Submission of a larger number of tenders with respect to the same Lot or a tender providing for alternative solutions or a variant tender shall result in rejection of all tenders submitted by Economic Operator concerned.
17.4. A tender and all documents required hereunder shall satisfy the following requirements:
a) a tender must be drawn up in Polish or English, in writing, e.g. typed or legibly handwritten,
b) a tender form and all documents appended thereto, prepared by a given Economic Operator (also those submitted, using templates appended hereto) shall be signed; a document shall be deemed duly signed when bearing the original signature and name stamp of (a) person(s) authorised to represent the economic operator concerned, in compliance with the form of representation of the Economic Operator prescribed in its registration document or in any other document, as required for the form of organisation of the Economic Operator concerned,
c) if an Economic Operator is represented by an attorney-in-fact, appended to the tender must be also the power of attorney specifying the scope of authorisation granted and signed by persons authorised to represent the Economic Operator concerned,
d) other representations and documents (other than mentioned in item 17.4. letter b hereof) shall be appended in original or in the form of photocopies certified as true and original on each page by the Economic Operator or the relevant person(s) authorised to represent a given Economic Operator and shall be drawn up in Polish, unless otherwise stated herein.
17.5. Any corrections or amendments (including these made with the use of a correction pen) in the tender must be initialled personally by the person signing the tender.
17.6. Documents mentioned in art. 13 hereof, constituting the tender, shall be made in compliance with the templates appended hereto and requirements hereof.
17.7. It is recommended that the documents are submitted in the order prescribed in art. 13 hereof.
17.8. It is recommended that all tender pages be numbered and permanently bound.
17.9 Whenever a stamp is mentioned herein, the Awarding Entity allows for writing in hand the contents of the relevant stamp, e.g. business name, registered address and legible signature instead of name stamp.
17.10. Should a tender, representations, or documents contain information constituting a company secret within the meaning of regulations on combating unfair competition, the Economic Operator shall, not later than in the tender submission deadline, clearly specify which items of information should be regarded as company secret. Information announced publicly at the time of tender opening, namely the price, delivery term, guarantee period and payment terms specified in tenders cannot be required to be regarded as company secret.

18. Tender Packaging
18.1. A tender shall be submitted in a sealed packaging (envelope), ensuring that its contents cannot be seen and read before tender opening date without leavings any signs of tampering with the packaging.
18.2. The packaging shall be clearly marked as "TENDER" and shall bear the title of the contract awarding procedure and the Economic Operator's stamp with address.
18.3. The packaging (envelope) shall be addressed as follows:
Polskie Wydawnictwo Muzyczne
Al. Krasińskiego 11a,
31-111 Kraków

The envelope or packaging shall state the full name and address of the Economic Operator submitting the tender and the following sentence in Polish or English:
TENDER
"Successive Purchase of Music Books (Scores) Published by Foreign Publishers".
Tender for the Lot No.: ………………..
- to be opened not earlier than 27 of April 2016, at 10.00 AM

19. Tender Preparation Costs
Economic Operators shall bear all costs related to preparation and submission of tenders.

20. Manner of clarifying the issues related to the Terms of Reference
20.1. An Economic Operator may ask the Awarding Entity for clarification concerning the contents hereof. The Awarding Entity shall provide relevant clarifications and explanations provided that the enquiry is received by the Awarding Entity not later than by the end of the day on which half of the time limit prescribed for the submission of tenders elapses. If an enquiry from an Economic Operator is received after that date, the Awarding Entity shall decide, at its own discretion, whether to provide explanations or not.
20.2. The Awarding Entity shall provide explanations required forthwith and not later than two days prior to tender submission deadline.
20.3. Concurrently, the Awarding Entity shall forward the question and related explanations to all Economic Operators who received the Terms of Reference, without specifying the enquirer; the enquiries and related explanations shall be also published by the Awarding Entity on its website http://pwm.com.pl (where the Terms of Reference are also published).
20.4. In the event of any discrepancy between the contents hereof and the contents of explanations provided, the contents of subsequent explanations provided by the Awarding Entity shall prevail.
20.5. Awarding Entity does not intent to organise a meeting for all Economic Operators.

21. Modifications of the Terms of Reference
21.1. In justified cases, the Awarding Entity may, at any time before tender submission deadline, modify the contents of the Terms of Reference. Any such modification shall be immediately communicated by the Awarding Entity to all Economic Operators who received the Terms of Reference and published on the website at www.pwm.com.pl
21.2. If, as a result of any such modification of the Terms of Reference, additional time is required for making adequate changes in the tenders, the Awarding Entity shall postpone the tender submission deadline accordingly.

22. Tender Price Calculation
22.1 The contract delivery price shall be determined as a percentage discount granted on retail prices fixed for the ordered publications. A separate discount may be granted with respect to each publisher listed in a given Lot. It is also permitted to fix different discounts for different part of the tender: e.g. a separate discount for orchestral music scores.
22.2 Fixed percentage discount on retail prices must be stated in the tender form. The discount stated must apply to all titles ordered from individual Publishers listed in a given Lot. The form should also contain the discount granted for orchestral materials. Discount offered shall apply throughout the contract term.

23. Foreign Currencies
The Awarding Entity allows for settlements in the following currencies: PLN, GBP, EUR

Part V
Manner and Criteria for Selection of the Most Advantageous Tender

24. Tender Evaluation Criteria
24.1. The tenders will be evaluated by Tender Evaluation Board.
24.2. The tenders will be evaluated in two stages:
Stage I: evaluation of fulfilment of formal requirements and of completeness of the tender.
Tenders which do not satisfy the requirements laid down in the Act and in the Terms of Reference shall be rejected; and if reasons for exclusion of a given Economic Operator are identified, the tenders shall be deemed rejected.

Stage II: subject-matter evaluation, based on the criteria described below.
Evaluated at Stage II will be tenders which have not been rejected, submitted by Economic Operators who are not subject to exclusion. Every Lot covered by the contract to be awarded hereunder shall be evaluated on the basis of criteria and requirements laid down herein.

25. Tender Evaluation Criteria
25.1. In order to select the most advantageous tender, the Awarding Entity shall apply the following criteria:
- discount on retail price – 80 %
(if different discounts are granted with respect to different publishers, the average discount shall be calculated for that purpose)
- shipping costs – 20 %
25.2. The tenders will be evaluated against "discount on retail price" criterion, based on the following formula:
UX
U = -------- x 100 x weight of the criterion / Umax
where:
U – points scored under a given criterion by the tender being evaluated,
UX – percentage discount on retail price offered in the tender,
Umax – the largest discount on retail price offered in the tenders with respect to a given Lot.

25.3. The tenders will be evaluated against "shipping costs" criterion, as follows:
a) an Economic Operator who, in the submitted tender, declares to cover the shipping costs of the ordered publications will score 20.00 points under this criterion
b) an Economic Operator who, in the submitted tender, does not declare to cover the shipping costs of the ordered publications will score 0.00 points under this criterion.

26. Rules of evaluation against the prescribed criteria
26.1. Considered the most advantageous shall be a tender which has scored the largest number of points in the course of evaluation conducted in accordance with the Terms of Reference.
26.2. The calculations shall be made to two decimal places.
26.3. The product of the points scored under a given criterion and percentage weight of that criterion shall be the tender's score under that criterion.
26.4. It is assumed that 1% = 1 point, and the points shall be calculated accordingly.
26.5. The Awarding Entity does not intend to select the most advantageous tender via electronic bidding.

Part VI
Tender Submission and Opening

27. Tender submission place and deadline
Tenders shall be submitted to the Awarding Entity’s registered seat in Kraków, al. Krasińskiego 11a, Room No. 304, by 27th April 2016, 09:45 AM. Tenders submitted after that date shall be returned to the relevant Economic Operators. As regards tenders sent via post, the date of delivery to the Awarding Entity's seat shall count.

28. Place and time of tender opening
Submitted tenders shall be opened on 27th April 2016 at 10:00 AM in the Awarding Entity's registered seat at al. Krasińskiego 11a, in the Conference Room.

29. Public opening of tenders
29.1. Tenders will be opened in public.
29.2. Immediately prior to the opening, the Awarding Entity shall state the amount it intends to spend on each Lot of the Contract.
29.3. When opening the tenders, the Awarding Entity shall announce the names (business names) and addresses of the Economic Operators as well as information on the discount on retail price offered and declaration concerning coverage of shipping costs.

30. Tender validity period
The tender submitted by a given Economic Operator shall remain valid and binding for 30 days. Tender Validity Period shall commence following the tender submission deadline.

31. Modification or withdrawal of a tender
31.1. An Economic Operator may, prior to the tender submission deadline, modify or withdraw its tender.
31.2. Notice on modification or withdrawal of the tender shall be served in a manner and form prescribed for tender submission; NOTE that the packaging (envelope) must be marked "MODIFICATION"/"WITHDRAWAL".


Part VII
Provisions Pertaining to the Contract

32. Performance Bond
Awarding Entity does not require performance bond.

33. Payment Terms
Payment terms as regards payment for the delivery of the object of the contract are laid down in the contract template appended hereto.

34. Liquidated Damages
The Awarding Entity shall claim liquidated damages, subject to the terms and conditions and in amounts prescribed in the contract template.

35. Contract Template
35.1. The Contract template is appended hereto. The Awarding Entity shall execute the contract upon final approval of the results of the contract awarding procedure, with the Economic Operator whose tender has been selected as the most advantageous, based on the criteria prescribed for the purpose of the present procedure. Contractual provisions material for the Awarding Entity and amounts of liquidated damages payable for inadequate performance or non-performance of the contract are provided in the contract template appended hereto.
35.2. An Economic Operator accepts the contents of the contract template constituting an appendix hereto by signing the tender form containing the relevant representation. The contractual provisions included in the contract template shall not be subject to any modification by the Economic Operator. Acceptance by the Economic Operator of the contractual provisions contained in the contract template is one of the requirements conditioning the validity of the tender.

36. Formal requirements related to the execution of the contract
1. The Awarding Entity shall execute a public procurement contract, subject to art. 183 of the Act within the time limit referred to in art. 94 clause 1 item 1 of the Act.
2. The Awarding Entity may execute the contract earlier than prescribed in item 1, if only one tender was submitted in the course of the present procedure.

3. Economic Operators submitting a joint tender which has been selected as the most advantageous, shall submit the document referred to in item 14.1. of the Terms of Reference not later than three days prior to the execution of the contract.
 
Part VIII
Final Provisions

37. Notice on the selection of the tender or cancellation of the contract awarding procedure
37.1. The Awarding Entity shall immediately notify the Economic Operators who submitted their tenders in the course of the present procedure of its decision, stating the name (business name), registered seat and address of the successful Economic Operator, along with summary evaluation and comparison of the tenders, containing scores obtained by tenders under each criterion and the total scores. Moreover, the Awarding Entity shall specify the date fixed in accordance with art. 94 clause 1 or clause 2 of the Public Procurement Law Act, after which the contract to be awarded hereunder may be executed.
37.2. Upon selection of the most advantageous tender, the Awarding Entity shall immediately announce the pieces of information referred to in item 36.1. on the website http://pwm.com.pl and in a publicly accessible place in its registered seat.
37.3. Immediately upon selection of the most advantageous tender, the Awarding Entity shall notify the Economic Operators who submitted their tenders about the Economic Operators whose tenders have been rejected and the Economic Operators who have been excluded from the contract awarding procedure, stating factual and legal reasons for it.
37.4. The Awarding Entity shall notify Economic Operators of cancellation of the contract procedure stating factual and legal reasons for cancellation, in line with the following: if cancelled prior to the tender submission deadline - all Economic Operators participating in the procedure; if cancelled after that deadline - the Economic Operators who have submitted their tenders.

38. Information on Legal Remedies
38.1. Economic Operators as well as persons and entities specified in the Act, whose legal interest in obtaining the contract has been or could be adversely affected as a result of a breach by the Awarding Entity of the provisions of the Act, shall be entitled to legal remedies envisaged in Chapter VI of the Public Procurement Law Act.
38.2. Before the elapse of the tender submission deadline, if the Awarding Entity is in breach of the provisions of the Act, entitled to legal remedies shall be also associations of Economic Operators entered in the list of organizations/associations entitled to legal remedies, kept by the President of the Public Procurement Office.

39. Miscellaneous
In matters not governed herein the provisions of the Public Procurement Law Act dated 29 January 2004 shall apply (consolidated text: Dz.U. [Journal of Laws] of 2015, item 2164).