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<Tender procedure title>

Tender procedure No.: <Tender procedure reference number>

The project is co-financed by the <EU Structural Fund or other Fund> and by national resources

<Place>, <Μonth> 20…

Table of Contents

1. INTRODUCTION...................................................................................................................3

1.1 Type of Tender Procedure..............................................................................................3

1.2 Expenditure Budget.........................................................................................................3

1.3 Project Manager and contact Persons of the Contracting Authority...............................4

1.4 Submission of Clarifications by Interested Economic Operators.....................................4

2. DESCRIPTION OF CONTRACT SCOPE..............................................................................4

2.1 Scope..............................................................................................................................4

2.2 Place of implementation of the Contract Scope..............................................................4

2.3 Date of commencement and period of implementation...................................................5

3. PREPARATION OF TENDERS.............................................................................................5

3.1 Language of Tender........................................................................................................5

3.2 Currency of Tender.........................................................................................................5

3.3 Contents of Tender..........................................................................................................5

4. FORMAT AND SUBMISSION OF TENDERS.......................................................................5

4.1 Format of the Tender.......................................................................................................5

4.2 Time and Place of submission........................................................................................6

5. VALIDITY OF TENDERS.......................................................................................................6

6. CONDUCT OF THE TENDER PROCEDURE.......................................................................6

6.1 Opening of Tenders.........................................................................................................6

6.2 Evaluation of Tenders.....................................................................................................6

7. CONCLUSION OF THE TENDER PROCEDURE.................................................................7

7.1 Award of the Contract......................................................................................................7

7.2 Cancellation of the Tender Procedure.............................................................................7

7.3 Drawing up and signature of the Agreement...................................................................7

7.4 Payment Method.............................................................................................................7

APPENDIX 1: AGREEMENT.................................................................................................10

ARTICLE 1: STRUCTURE OF THE CONTRACT.......................................................................10

ARTICLE 2: SCOPE....................................................................................................................10

ARTICLE 4: AUTHORISED REPRESENTATIVES – NOTIFICATIONS.....................................11

ARTICLE 5: ASSIGNMENT.........................................................................................................11

ARTICLE 6: SUBCONTRACTING...............................................................................................11

ARTICLE 7: SPECIFIC OBLIGATIONS OF THE CONTRACTING AUTHORITY.......................12

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ARTICLE 8: SPECIFIC OBLIGATIONS OF THE CONTRACTOR – CONFIDENTIALITY..........12

ARTICLE 9: OWNERSHIP..........................................................................................................13

ARTICLE 10: CONTRACTOR’S REMUNERATION....................................................................13

ARTICLE 11: PAYMENT METHOD.............................................................................................13

ARTICLE 12: MONITORING AND CONTROL OF CONTRACT IMPLEMENTATION................14

ARTICLE 13: PENALTIES FOR DELAY.....................................................................................15

ARTICLE 14: GUARANTEES......................................................................................................16

ARTICLE 15: TAX AND CUSTOMS ARRANGEMENTS.............................................................17

ARTICLE 16: TERMINATION OF CONTRACT – SETTLEMENT OF DISPUTES......................17

ARTICLE 17: GOVERNING LAW................................................................................................18

ARTICLE 18: AMENDMENTS.....................................................................................................18

FORM 1.......................................................................................................................................21

FORM 2.......................................................................................................................................23

FORM 3.......................................................................................................................................25

FORM 4.......................................................................................................................................27

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INVITATION TO TENDER USING THE NEGOTIATED PROCEDURE

<Tender procedure Number and Title>

PART A

1. INTRODUCTION

1.1 Type of Tender Procedure

The University of Cyprus (“Contracting Authority”) is conducting a negotiated tender procedure pursuant to Article 29(…)(…) of the Coordination of Procedures for the Award of Public Contracts and for Related Matters Law of 2016 (Law 73(I)/2016).

1.2 Expenditure Budget

The Contract is financed by national resources/co-financed by the <EU Structural Fund or other Fund> and by national resources.

At the time of the announcement of the tender procedure, the budget of the University of Cyprus for the year 20… had not yet been approved by the House of Representatives.

The University of Cyprus reserves the right to cancel the tender procedure in the event that, after the approval of the Budget by the House of Representatives, the necessary funds will not have been secured.

1.3 Project Manager and contact Persons of the Contracting AuthorityThe Project Manager on behalf of the Contracting Authority is …....................................................................................................................................... who shall be responsible for monitoring and handling the Contract within the framework of its provisions.

The contact persons of the Contacting Authority regarding this tender procedure are the following:

………………………………………….., (telephone number: +357 2289 ………), ………………………………………….., (telephone number: +357 2289 ………), ………………………………………….., (telephone number: +357 2289 ………).

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1.4 Submission of Clarifications by Interested Economic Operators

Regarding any questions which may arise in connection with the present tender procedure, may be addressed by interested parties to the University of Cyprus at the electronic mail address [email protected] or by facsimile to facsimile number +357 22895089, making reference to the Tender procedure number and title.

2. DESCRIPTION OF CONTRACT SCOPE

2.1 Scope

The Contract Scope is <description of requested services>.

NOTE

In paragraph 2.1 concerning the Contract Scope, the Contracting Authority provides a description, as detailed as possible, of the services forming the Contract Scope. It is recommended to break down the Contract Scope into individual activities, and provide a clear but brief description of the scope of each activity. The deliverables of the Contract should also be specified in brief, mentioning (at least) their indicative contents. Finally, the deadlines for the completion of the Contract Scope should also be mentioned, together with any interim deadlines (if required) for the completion of activities and deliverables.

2.2 Place of implementation of the Contract Scope

The place of implementation of the Contract Scope is <city, country>. The supplies under the contract shall be delivered at <exact location of delivery>.

2.3 Date of commencement and period of implementationThe date of commencement of the performance of the Contract Scope shall be the date of the signature of the contract and the implementation duration shall be <duration of the Contract in days/weeks/months>.

3. PREPARATION OF TENDERS

3.1 Language of Tender

The Tender must be drawn up in the Greek or English language. The language of the Contract shall be English. All written communication between the Tenderer/Contractor and the Contracting Authority shall be in English.

3.2 Currency of Tender

The offered prices shall be denominated in Euros.

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mailto:[email protected]

3.3 Contents of Tender

The tender shall comprise the following suitably completed by the Tenderer:

(a) The Tender Submission Form, drawn up in the format of the relevant Template (Form 1 in Appendix 2), and signed by the Tenderer or its Legal Representative.

4. FORMAT AND SUBMISSION OF TENDERS

4.1 Format of the TenderThe Tender must be submitted by email. The title of the email must contain the following:

The word “TENDER”. The number and title of the tender procedure.

Tenders must not bear any irregular corrections (erasures, deletions, additions etc.). If there are corrections, additions etc., these should be initialled by the Tenderer or its Legal Representative.

4.2 Time and Place of submission

Tenders must be submitted by <date> and time <xx:xx> at the latest.

Tenders should be submitted directly at the electronic mail address [email protected] , to be received, at the Tenderer’s responsibility, by the Contracting Authority on or before the closing date for the submission of Tenders.

5. VALIDITY OF TENDERS

Submitted tenders shall be valid and binding on the Tenderers for <number of months in words (number of months in numbers) – indicatively: three (3) months>, calculated from the day following the day on which the deadline for the submission of Tenders expires.

6. CONDUCT OF THE TENDER PROCEDURE6.1 Opening of Tenders

1. Opening of the Tenders submitted, or sent and received, within the specified time limit, shall be carried out by authorised persons.

2. Upon commencement of the procedure, the email is opened and printed and the Tenders are entered in a special form.

6.2 Evaluation of Tenders1. The Competent Body for Evaluation shall proceed to verify that the Tender is

generally in order and to determine whether it meets the requirements of the Contract Scope, as described in Paragraph 2 and Form 1 and that the offered products/services are reasonably priced.

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mailto:[email protected]

2. The Competent Body for Evaluation has the right to enter into negotiations with the Tenderer, so as his Tender will be revised/improved.

For the purpose of these negotiations, all communication between the Tenderer and the Contracting Authority will be done by telephone and/or through the exchange of letters and/or emails and/or otherwise.

3. If the Technical and/or Financial Offer of the Tenderer, as they may have been revised through the process of negotiations, are not considered satisfactory by the Contracting Authority, then the submitted Tender will be rejected.

7. CONCLUSION OF THE TENDER PROCEDURE

7.1 Award of the Contract

Subject to the right of the Contracting Authority to cancel the tender procedure and/or reject the tender at any stage of the procedure, the Contract shall be awarded to the Tenderer provided that the submitted tender, as it may have been revised during the negotiation process, is found to be in compliance with the terms and conditions of the present tender procedure, and the offered prices are found to be reasonable.

The decision to award the contract will be communicated in writing to the successful tenderer through a Letter of Award. The successful tenderer shall indicate its acceptance of the award of the contract by counter-signing the Letter of Award and returning it to the Contracting Authority.

The cost of the relevant stamp duties shall be fully borne by the Contractor.

7.2 Cancellation of the Tender Procedure

If the procedure for award of the Contract is cancelled for any reason, the Contracting Authority shall inform in writing the Tenderer of the reason of such decision.

The Tenderer does not maintain and waive any claim against the Contracting Authority on account of such cancellation.

7.3 Drawing up and signature of the Agreement

The Tenderer who has been awarded the Contract is obliged to sign the relevant Agreement, attached as Appendix 1 to this Invitation, within the deadline set in the Letter of Award, also producing the following items:

a. The authorisation documents for the person who shall sign the Agreement,

b. The Performance Guarantee for the Contract (Form 3), whose amount must cover 10% of the Contract price.

7.4 Payment Method

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Payments shall be made in the Currency of the tender stated in Paragraph 3.2 ,into the bank account notified by the Contractor to the Contracting Authority (Form 2 – Appendix 2), against an invoice, after the signature of the Agreement.

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APPENDIXES

APPENDIX 1: AGREEMENT

APPENDIX 2:

FORM 1:FORM 2:

TENDER SUBMISSION FORMCONTRACTOR’S BANK ACCOUNT NOTIFICATION FORM

FORM 3:FORM 4:

PERFORMANCE GUARANTEE TEMPLATE ADVANCE PAYMENT GUARANTEE TEMPLATE

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APPENDIX 1: AGREEMENT

The University of Cyprus, having its headquarters in Anastasios Leventis Building, University of Cyprus Campus, University Avenue 1, Aglantzia 2109, Nicosia, Cyprus (hereinafter “Contracting Authority”)

of the one part,

and

<Business Name or Name and Surname of Contractor>, having its registered office in <postal address>, <name of town/city> (hereinafter “Contractor”), legally represented by <name and surname, capacity>

of the other part,

following a tender procedure no. <reference number of tender procedure> for the award of the Contract for <contract title> which was awarded pursuant to award decision no. <award decision number>,

have agreed as follows.

ARTICLE 1: STRUCTURE OF THE CONTRACT1. It is explicitly agreed that the Contract consists of the following documents, which form

integral parts of it:

a.The present Agreement.

b.The Tender Documents.

c.The Contractor’s Offer as submitted on <date of submission of offer> and any correspondence relating thereto between the Contracting Authority and the Contractor.

In the case of differences between the above parts, their provisions shall be applied according to the above order of precedence.

ARTICLE 2: SCOPE1. The scope of the present Contract is <title of tender procedure>.

2. The Contract Scope to be performed by the Contractor is the one described in the Contractor’s Offer of ../../.. <date of submission of Contractor’s offer> as it may have been revised through the negotiation process and in article 2 of Part A of the Invitation by the Contracting Authority (Invitation No. ………… <number of Invitation>) of ../../..

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<date of dispatch of Invitation to candidate tenderers by the Contracting Authority>.

ARTICLE 3: DATE OF COMMENCEMENT AND PERIOD OF IMPLEMENTATION

1. The present agreement comes into force, at the date of its signature.2. The date of commencement and period of implementation of the Contract Scope are

those specified in Article 2.3 of Part A of the Invitation by the Contracting Authority.

ARTICLE 4: AUTHORISED REPRESENTATIVES – NOTIFICATIONS1. The Contractor appoints as Manager Mr/Mrs <full name>, who has overall responsibility

for the implementation of the Contract Scope and the management of the Project Team.

2. For the purposes of decision-making and of issuing orders to the Contractor, and for managing the Contract in general, the Contracting Authority appoints as Project Manager, the person whose name is stated in Paragraph 1.3 of Part A of the Invitation.

3. Any notice, consent, approval, certificate or decision by any person required under the Contract shall be in writing, unless otherwise specified in the Contract.

4. Any verbal instructions or orders shall take effect as of their transmission and shall be subsequently confirmed in writing.

ARTICLE 5: ASSIGNMENT

1. An assignment is any agreement whereby the Contractor transfers the Contract or part thereof to a third party.

2. The Contractor can not assign the present Contract or any part thereof, or any of the Contractor’s rights or obligations or interests thereunder, without the prior written consent of the Contracting Authority.

3. Approval of an assignment by the Contracting Authority shall not relieve the Contractor of its obligations for the part of the Contract already executed or for the part not assigned.

ARTICLE 6: SUBCONTRACTING1. To implement the Contract Scope, the Contractor is limited to using the subcontractors

identified in its Offer for the corresponding part of the Contract Scope as stated in the Contractor’s Offer for each such subcontractor.

2. The Contractor may exceptionally, after the Contract has been signed, enter into a new subcontract or replace a subcontractor identified in its Offer, or undertake itself the part of the Contract Scope which it had stated in its Offer that would be implemented by a subcontractor, after obtaining the prior written authorisation of the Contracting Authority.

3. In connection with the requirement for authorisation by the Contracting Authority under paragraph 2, the Contractor must notify the Contracting Authority of the parts of the

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Contract Scope which it intends to assign to the subcontractor, giving details of its identity, and also submit written documentation demonstrating that the subcontractor is capable of responding to the obligations which it shall assume.

4. The Contracting Authority shall, within thirty (30) days of receipt of the relevant application, notify the Contractor of its decision, giving full justification in case such authorisation is denied.

5. It is understood that approval of such application by the Contracting Authority shall not relieve the Contractor of any of its obligations under the Contract.

6. Any change of subcontractor without the prior written consent of the Contracting Authority shall be considered to be a breach of contract.

7. It is understood that the part of the Contract Scope assigned to a subcontractor by the Contractor can not be assigned to third parties by the subcontractor.

8. Subcontractors do not enter into any contractual relation with the Contracting Authority.

9. The Contractor shall be responsible for the acts, defaults and negligence of its subcontractors and their agents or employees, as if they were the acts, defaults or negligence of its own, its agents or employees.

10. If a subcontractor is found by the Contracting Authority or by the Project Manager to be incompetent in discharging its duties, the Contracting Authority or the Project Manager may request the Contractor forthwith, either to provide a new subcontractor with qualifications and experience acceptable to the Contracting Authority as a replacement, or to undertake itself the performance of the specific part of the Contract Scope.

ARTICLE 7: SPECIFIC OBLIGATIONS OF THE CONTRACTING AUTHORITY1. The Contracting Authority shall provide to the Contractor as soon as possible any

information and/or documentation at its disposal which may be relevant to, and required for, the execution of the Contract. If this information is contained in documents, such documents shall be returned to the Contracting Authority at the end of the period of execution of the Contract.

2. The Contracting Authority shall co-operate with the Contractor for providing information which the latter may reasonably request in order to execute the Contract.

ARTICLE 8: SPECIFIC OBLIGATIONS OF THE CONTRACTOR – CONFIDENTIALITY 1. The Contractor shall treat all documents and information received in connection with the

Contract as private and confidential and shall not, save insofar as may be necessary for the purposes of the implementation thereof, publish or disclose any particulars of the contract without the prior consent in writing of the Contracting Authority or the Project Manager appointed by the Contracting Authority. If any disagreement arises as to the necessity for any publication or disclosure for the purposes of the Contract, the decision of the Contracting Authority shall be final.

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ARTICLE 9: OWNERSHIP

1. All Contract deliverables compiled or prepared by the Contractor in the execution of the Contract, shall be the absolute property of the Contracting Authority. Upon completion of the Contract, the Contractor is obliged to deliver all such documents and data to the Contracting Authority. The Contractor may retain copies of such documents and data, but is not allowed to use them for purposes other than the purposes of the Contract.

ARTICLE 10: CONTRACTOR’S REMUNERATION1. The total remuneration of the Contractor is set to the amount of <amount in words

(amount in numbers)> Euro, exclusive of the corresponding VAT. The aforesaid remuneration is paid by the Contracting Authority against submission of an invoice for the provision of services, issued by the Contractor.

2. The above remuneration is also inclusive of all types of expenses and costs of the Contractor in connection with the implementation of the Contract assigned to it, as well as of all types of deductions and any other charge provided for under the laws of the Republic of Cyprus. The remuneration refers to all services under article 2 hereof.

3. Adjustment of remunerations for all services provided is prohibited.

ARTICLE 11: PAYMENT METHOD

1. Upon commencement of the Contract, the Contractor shall notify in writing to the Contracting Authority the bank account to which it wishes the payments of the Contract Value to be made. For the purposes of such notification, or in the event that the bank account changes during the term of the Contract, the Contractor must use the Template given in the Appendix to the Tender Documents. The Contracting Authority reserves the right to oppose the Contractor’s choice of bank account.

2. Payments shall be made in Euro as follows:

a. An advance payment equal to <per cent rate in words (per cent rate in numbers)> of the Contract Value (exclusive of VAT), after signature of the Contract and against submission by the Contractor of an Advance Payment Guarantee for the same amount, drawn up in accordance with the relevant Template (Form 4) given in the Appendix to the present Invitation.

b. Payment of the balance of the Contract Value, together with the total amount of VAT corresponding to the Contract Value, after the final quantitative and qualitative acceptance of the entire Contract Scope.

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NOTE

The Contracting Authority must assess and specify in this article the payment method on a case-by-case basis.

The per cent rate of the advance payment is recommended to range from 10% to 20%.

In cases where the duration of the Contract exceeds six (6) months, the Contracting Authority might provide (in addition to the advance payment and to the final payment) for interim payments (one or two at the most, depending on the duration of the Contract). The interim payment should be linked to the completion of individual activities or to the acceptance of specific Contract deliverables.

ARTICLE 12: MONITORING AND CONTROL OF CONTRACT IMPLEMENTATION1. Monitoring and control of the implementation hereof, and acceptance of the Contract

Scope, is conducted by a Monitoring Committee established for this purpose by the Contracting Authority. In this respect, the responsibilities of the Monitoring Committee refer to the following:

a. Prompt provision of directions to the Contractor.

b. Supervision of the contract, formulation of remarks and objections and acceptance of deliverables, and proposal to the competent bodies concerning the issue of an order for payment of the Contractor.

2. In particular, for the acceptance of the Contractor’s deliverables the Committee shall examine the following:

a. Whether or not the deliverable was submitted within the corresponding time limit, in accordance with the provisions of article 2 of the present Contract.

b. The compliance of the contents of each deliverable, in accordance with the provisions of article 2 of the present Contract.

3. Every deliverable shall be deemed to have been finally and unreservedly accepted if, within <number of days in writing (number of days in numbers) – proposed: 30> days of its delivery to the Contracting Authority (the date entered in the Contracting Authority’s registry), the Monitoring Committee has not submitted to the Contractor in writing any suggestions regarding the specifications and conditions of the present Contract.

4. If remarks as above are submitted in writing within the above deadline, the Contractor shall be obliged to take them into consideration and proceed to amend the deliverable as necessary, within <number of days in writing (number of days in numbers) – proposed: 20> days of the submission of the relevant remarks, and re-submit the deliverable to the Contracting Authority. The Monitoring Committee may come back only by way of written remarks concerning the amendment of the deliverable in accordance

14

with its original written suggestions, within <number of days in writing (number of days in numbers) – proposed: 20> days of the re-submission of the deliverable. If this deadline elapses, then the deliverable shall be deemed to be finally accepted.

5. The acceptance of each deliverable by the Monitoring Committee shall release the Contractor automatically of its corresponding obligation. Acceptance of the final deliverable shall mark the completion of the Contractor’s work and shall result in the automatic and implicit acceptance of the Scope hereof.

6. At the latest <number of days in writing (number of days in numbers) – proposed: 15> before the expiry of the contractual time for submission of the deliverables, the Contractor may request in writing a reasonable extension of the deadline or time of their submission. The application shall be addressed to the Contracting Authority, which must decide thereon before the expiry of the deadline or time of submission of the respective deliverable.

7. The deadlines for the submission of the Deliverables may be extended by the Contracting Authority in accordance with the applicable procedures, only in the following cases:

i. In case of demonstrable occurrence of force majeure events, i.e. acts of God, strikes, lock-outs or other industrial disturbances, hostilities, wars (whether declared or not), blockades, insurrection, riots, epidemics, landslides, earthquakes, storms, lightning, floods, washouts, civil disturbances, explosions and any other similar unforeseeable events which are beyond the control of the parties, are occurring in the territory of the Republic of Cyprus over which Government exercises effective control or in the place where the Contractor is established, and cannot be overcome by due diligence by either party, or

ii. If the delay is due to demonstrable omissions by the Contracting Authority, and:

i. If the extension is applied for by the Contractor, by way of a written and justified request, and is approved by the Contracting Authority, or

ii. If the extension is requested by the Contracting Authority in writing and is accepted by the Contractor.

ARTICLE 13: PENALTIES FOR DELAY1. In the event of a delay in the performance of work or in the submission of a Deliverable

under the Contract for which the Contractor is responsible, a Penalty for Delivery Delay shall be imposed.

2. Such penalty shall amount to a per cent rate of <per cent rate in words (per cent rate in numbers)> of the Contract Value of the relevant deliverable, for every day of delay of delivery.

3. Any penalties imposed by the Contracting Authority in accordance with the above paragraphs shall be withheld from the next payment to the Contractor or, if such payment

15

is insufficient, shall be collected through forfeiture of an equivalent amount of the Performance Guarantee and/or Advance Payment Guarantee.

4. In the event that the delivery periods set have been exceeded and the penalties for delay imposed in connection therewith have reached in total <per cent rate in words (per cent rate in numbers)> of the Contract Value, the Contracting Authority may declare the Contractor in default and terminate the Contract, the specific provisions of Article 15 applying.

NOTE – ALTERNATIVE WORDING

The Contracting Authority must specify the per cent rates of paragraphs (2) and (4) on a case-by-case basis, depending on the value, importance and urgency of the provision of the services. It is recommended that this vary from 0,5% to 2% of the Contract Value for paragraph (2), and that it will be 10% in the case of paragraph (4).

In calculating the penalty of paragraph (2), the Contracting Authority may, depending on the nature of the Contract results, choose to also take into account the inability to use other deliverables which have been delivered previously. In this case, a new sub-paragraph should be inserted in Article 13 after sub-paragraph (2) above, with the following contents:

3. In calculating the penalty, the Contracting Authority shall also take into account the potential –because of the delay– inability to use other Deliverables previously delivered.

ARTICLE 14: GUARANTEES1. As guarantee for faithful execution of the terms of the Contract, the Contractor has

furnished at the time of signature hereof, the Performance Guarantee no. <number of guarantee> issued by the <name of Bank> for the amount <amount in words (amount in numbers) Euro>.

2. The Performance Guarantee should remain in force until final acceptance of the deliverables, whereupon it shall be returned to the Contractor by the Contracting Authority.

3. The guarantee provided for in this article shall cover the faithful application by the Contractor without exception of all the terms of the Contract, and of any claim made by the Contracting Authority against the Contractor resulting from the fulfilment of the latter’s services in accordance with the terms hereof.

ARTICLE 15: TAX AND CUSTOMS ARRANGEMENTS1. The Contract shall not be exempted from duties and taxes, including also VAT.

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ARTICLE 16: TERMINATION OF CONTRACT – SETTLEMENT OF DISPUTES1. The Contracting Authority may, by written notice to the Contractor, suspend, in whole or in

part, the payments due to the Contractor if the Contractor breaches any terms of the Contract or has failed to meet its obligations.

2. If the circumstances mentioned in the above paragraph persist after fourteen (14) days from the date of the notice, then the Contracting Authority shall be entitled, if it so wishes, to terminate the Contract.

3. The Contracting Authority may terminate the Contract by giving thirty (30) days’ notice to the Contractor.

4. Upon receiving notice of termination of the Contract, the Contractor shall take immediate measures to terminate the Contract in such a way as to keep the ensuing costs to a minimum.

5. Upon termination of the Contract no payment shall be due to the Contractor, except for services performed in a satisfactory manner before the date of termination of the Contract and for services made necessary for the smooth termination of the Contract.

6. The Contracting Authority shall be entitled to receive compensation for any damages sustained following the completion of the Contract, in accordance with the laws governing the Contract.

7. In all cases where the Contracting Authority is entitled to compensation, such compensation may be deducted from any amounts due to the Contractor or settled through the Performance Guarantee.

8. Where the established loss to the State exceeds the amount of the Performance Guarantee, the Contractor shall be invited, without prejudice to the provisions of paragraph 9 below, cover the loss to the State within a fixed deadline.

9. Notwithstanding the provisions under paragraph 8 above, where such loss to the State beyond the amount of the Performance Guarantee does not exceed the amount determined by a Circular of the Competent Authority (Treasury of the Republic of Cyprus), the Contracting Authority may at its discretion not seek compensation from the Contractor.

10. Any dispute which may arise between the parties connection with the Contract and which can not be settled amicably, shall be settled finally in the Courts of the Republic of Cyprus.

ARTICLE 17: GOVERNING LAW1. The present Contract shall be governed by and construed according to the laws of the

Republic of Cyprus, and shall come under the jurisdiction of the Courts of Cyprus.

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ARTICLE 18: AMENDMENTS 1. Any amendment or change hereto may be made only if it shall not substantially impair

competition, and shall take place by way of a written agreement of the parties hereto, which shall be attached to the present Contract as an integral part of it.

Drafted in three originals, where two originals are intended for the Contracting Authority and one for the Contractor, and signed on <day>, <XX/XX/20XX>.

“place stamp duties here”

For and on behalf of the Contracting Authority:

Signature: ............................................

Title: ...................................................

Name: ..................................................

Witnesses:

1. Signature: .............................................

Name: ..................................................

2. Signature: .............................................

Name: .................................................

For and on behalf of the Contractor:

Signature: ............................................

Title: ...................................................

Name: ..................................................

Witnesses:

1. Signature: .............................................

Name: ..................................................

2. Signature: .............................................

Name: ................................................

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APPENDIX 2

TEMPLATES OF FORMS

19

FORM 1

TENDER SUBMISSION FORM

To: University of Cyprus

Subject: <Tender procedure title>

<Tender procedure no.: ……….>

1. After examining the Tender Documents and after developing a full understanding of the Contract Scope, we the undersigned undertake to commence, execute and complete the Contract Scope in accordance with the Tender Documents and our Offer, for the total amount of €……………………………(in full …………………………………………………Euro and ………….. cent), plus VAT.

2. Should our offer be accepted, we undertake to deposit a Performance Guarantee, for the amount and in the format specified in the Tender Documents and to commence the execution of the Contract Scope as of the date of signature of the Agreement.

3. We agree that our present Offer shall be valid for a period of time equal to that stated in Paragraph 5 of Part A of the Tender Documents, that it shall bind us and that it may be accepted at any time prior to the expiry of the said period.

4. Until an official Agreement is prepared and signed, our present Offer, together with your written acceptance, shall constitute a binding Contract between us.

5. Information about our firm and the contact details of the person responsible for this tender are given below:

Name of Tenderer

Registered Address

Address of communication (if different from above)

Web Address

VAT Number

Contact Person:

Name

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Telephone

Fax no.

Email Address

For and on behalf of the Tenderer:

Signature: .........................................................................

Name: ...............................................................................

Title: ..................................................................................

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

Note: All blank fields must be completed by the Tenderer or by the Tenderer´s Representative.

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FORM 2

CONTRACTOR’S BANK ACCOUNT NOTIFICATION FORM

ACCOUNT HOLDERNAME

ADDRESS

TOWN/CITY POSTAL CODE

COUNTRY VAT NUMBER

CONTACT PERSON

TELEPHONE FAX

E - MAIL

BANKBANK NAME

BRANCH ADDRESS

TOWN/CITY POSTAL CODE

COUNTRY

ACCOUNT NUMBER

IBAN

Remarks: BANK STAMP + SIGNATURE OF BANK REPRESENTATIVE

(both mandatory)

DATE + SIGNATURE OF ACOUNT HOLDER

(mandatory)

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FORM 3PERFORMANCE GUARANTEE TEMPLATE

Expiry date ---------------------

To

----------------------------------------------------------------------

(hereinafter referred to as "the Contracting Authority")

Dear Sirs,

Guarantee no -------------------

Contract no -------------------

We have been informed that you have entered into a contract with ------------------------------------------------------------------------------------------------- (hereinafter referred to as "the Consultant") for ------------------------------------------------------------------------------------------------------------------------------------------ (hereinafter referred to as “the Contract”), with contract amount of € -------------- (in words -------------------------------------------------------------------------------------------------------------- Euro) (hereinafter referred to as “the Contract Amount”), and that the terms of the Contact require the provision of a performance guarantee for an amount equal to ------- percent of the Contract Amount.

At the request of the Consultant, we the undersigned bank/credit institution, waiving all rights of objection and defence under the Contract, hereby, irrevocably and without any reference to and notwithstanding any objection by the Consultant, undertake to pay you without delay (and at the latest within 3 working days) any sum or sums not exceeding in total the amount of € -------------- (in words -------------------------------------------------------------------------------------------------------------- Euro) (hereinafter referred to as “the Guaranteed Amount”), upon receipt by us of your first demand in writing stating that the Consultant has failed or refused to fulfil or has not fulfilled and/or is in breach of any of his obligations under the Contract and that you claim payment under this Guarantee. The Guaranteed Amount will be reduced by each payment made by us as a result of a claim.

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2. It is understood that any change, modification, addition or amendment which may be made to the Contract, or any settlement in relation to it, shall not in any way release us from our obligations and liabilities under this guarantee, and we hereby expressly waive our right to consent to or to receive notice, of any such change, modification, addition, amendment or settlement.

3. This Guarantee shall remain in force up to and including the expiry date mentioned above and any demand from you in respect thereof must be received by us on or before that date (or, if that date is a bank holiday, up to and including the last bank working day before that date). After that date, and provided that no written demand from you has been received by us by then, this Guarantee shall be deemed to be void, whether it has been returned to us or not.

4. This Guarantee shall be governed by and construed according to the laws of the Republic of Cyprus and shall fall within the jurisdiction of the courts of the Republic of Cyprus.

Sincerely,

[Bank/Credit Institution]

(signature and stamp)

{ Place stamp

duties here

}

Date: ………………………………….

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FORM 4ADVANCE PAYMENT GUARANTEE TEMPLATE

Expiry date ---------------------

To

<name of Contracting Authority>

Dear Sirs,

Guarantee no -------------------

1. At the request of the applicants ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ we are holding at your disposal the amount below as guarantee for payment by you of an advance of € -------------- (in words -------------------------------------------------------------------------------------------------------------- Euro) to the applicants in accordance with the Conditions of your Agreement with them dated --------------------------- for the <title of contract>, undertaking to pay you the said amount without any reference to and notwithstanding any objection by the applicants, upon receipt by us of your demand in writing stating that the applicants have failed to fulfil their obligations under the above mentioned Agreement and that you claim payment under this Guarantee.

2. An essential condition of this guarantee is that the obligation of the Credit/Bank Institution shall be reduced by ….. per cent (%) of the amount paid for work carried out (with a copy of the relevant payment order issued by ---------------------------------------------------------------------- <name of Contracting Authority> sent to us), and our guarantee shall remain in force for the amount as reduced from time to time and until it is paid in full upon ---------------, after which date any obligation of ours under this Guarantee shall cease and this Guarantee shall be deemed to be void and without any value whatsoever.

3. This Guarantee shall enter into force after receipt by the Bank/Credit Institution on behalf of the applicant(s) of the above advance amount.

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4. It is always understood that the total obligation of the Bank/Credit Institution under this Guarantee shall be limited to the above amount.

5. This Guarantee shall remain in force until the above expiry date.

6. Any claim under this Guarantee must be submitted to us in writing and promptly, so that it may be in the hands of the Bank/Credit Institution by the above date. After that date, any obligation of ours shall cease and this Guarantee shall be deemed to be null and void whether it has been returned to us for cancellation or not.

7. This Guarantee shall be governed by and construed according to the laws of the Republic of Cyprus and shall fall within the jurisdiction of the courts of the Republic of Cyprus.

Sincerely,

[Bank/Credit Institution]

(signature and stamp)

{ Place stamp

duties here

}

Date: ………………………………….

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