Purchase of wood and particle granules for the municipality of Rēzekne municipality of Chornajas parish
Procurement identification No: ČPP 2018/3
Deadline for submission of tenders: 10.07.2018 to 12.07.2018 9.00
Name of the commissioning party: Rēzekne municipality municipality of Chornajas parish
Subject: Purchase of wood and particle granules for the municipality OF Rēzekne Municipality Čornajas parish
Place of submission of tenders: Čornajas parish administration, peace street 5, Čornaja, Čornajas civil parish, municipality of Rezekne
Contact person: Oļegs Kvitkovskis, tel. 26136507, e-mail: info@cornaja.lv
ANSWERS
to the questions of the interested supplier
on procurement of “wood and particle granules for the municipality OF Rēzekne Municipality Čornajas parish” (identification No. (ČPP 2018/3)) Annex to the Regulation No 5 (Contract Project) for Included Requirements
1. THE QUESTION
Does the acceptance of the goods not be certified by a bill of lading signed by the parties, which is also the basis for payment? It is proposed to amend the wording of point 4.1 of the Annex to the Regulation (draft contract).
Reply to 1. THE QUESTION
Section 5.2 of the draft contract stipulates that the representatives of the purchaser and the seller shall carry out an inspection of the goods and certify in the consignment note the conformity of the quantity of the goods delivered with the quantity indicated in the bill of lading and the conformity of the quality with the requirements of the technical specification, from which it can be understood that the purchaser has agreed to pay the invoice. Moreover, point 5.5 of the draft contract provides that the purchaser is to pay only the value of the goods in question. In view of the requirements set out in points 5.2 and 5.5 of the draft agreement, amendment of point 4.1 of the contract is not necessary.
2. THE QUESTION
Is it clear from point 6.2 of the annex to the contract that the value of the goods is subject to a contractual penalty? Is it not necessary to limit the contractual penalty? It is proposed to amend the wording of paragraphs 6.2 and 6.3 of the Annex to the Regulation (draft contract).
Reply to 2. THE QUESTION
Paragraph 6.2 of the draft contract provides for a contractual penalty for the delay in the delivery of the goods, so that it is understood that it is to be calculated solely and exclusively from the value of the goods supplied with the delay, so that there is no need to supplement that draft contract with the words “by default”. The limitation of a contractual penalty is laid down in Section 1716, Paragraph three of the Civil Law, according to which a contractual penalty for improper execution or non-execution of a liability in real time (within a time period) may be determined increasing, but not more than 10 per cent of the amount of the principal debt or the principal obligation. Given that the limitation of the contractual penalty is laid down by law, there is no need to determine it in paragraphs 6.2 and 6.3 of the draft contract.
3. THE QUESTION
Do you need to unsubscribe from the contract?
Answer to 3. THE QUESTION
The commissioning party intends to perform the ordering of the goods by telephone, or by contacting the supplier by e-mail, by mutual agreement between the parties after the conclusion of the contract, so it would not be appropriate to determine the procedures for ordering of certain goods in the draft contract.
At the same time, the Commission explains that the adoption of amendments in accordance with the procedure laid down in Section 9 of the Public Procurement Law and the annexes thereto are not provided for in the Law. In cases where the requirements included in the procurement regulations are recognised as non-conforming to the objectives specified in Section 2 of the Public Procurement Law or other requirements of regulatory enactments, the commissioning party shall take a decision regarding the termination of the procurement and the announcement of the new procurement, providing for the inclusion of appropriate requirements in the regulations. The proposed amendments to the procurement regulations are not relevant, so there is no clear basis for the termination of the procurement.
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