Common use of REASONS FOR REJECTION OF TENDERS Clause in Contracts

REASONS FOR REJECTION OF TENDERS. The Commission shall reject a Tender if: the Supplier has submitted more than one Tender (all Supplier’s Tenders shall be rejected); the Supplier has not complied with minimum qualification requirements if applicable; the Supplier, in its Tender, has submitted inaccurate or insufficient data about his own qualification, and, upon request from the Buyer, has not specified this data; the Tender (in the case of participation in the negotiations – the Final Tender) has not complied with the requirements laid down in the Tendering Terms and Conditions (the Object of Procurement indicated in the Tender does not comply with the requirements laid down in the Technical Specification, etc.) or a Tenderer, upon request from the Buyer, without changing the essence of the Tender, has not explained or clarified his own Tender); the Supplier has not corrected arithmetic errors within a period specified by the Buyer and / or has not explained the Tender; an abnormally low price has been submitted and the Supplier, upon request from the Buyer, has not submitted written justification of price breakdown or in any other way has not justified abnormally low price; the Supplier submitted false information, which the Buyer is able to prove using any legitimate means; the Price, offered by the Supplier, the Tender of whom has not been rejected due to other reasons, has been too high, unacceptable to the Contracting Authority. A Supplier shall be informed on Tender rejection within one business day from the day of this decision adoption. If the Buyer is not satisfied with the Tenders offered, on the basis of a decision adopted by the Commission, all Suppliers meeting minimum requirements laid down in the present Tendering Terms and Conditions, may be invited to negotiate. If a decision has been adopted to held the negotiations, it will be held with all Suppliers, the Tenders of which have not been rejected. During the negotiations, the same information shall be delivered to all Suppliers. The outcomes of the negotiations shall be executed in the Minutes, which shall be drafted for each Supplier separately. Negotiations may be executed concerning the properties of all Goods, Services or Works to be purchased, including the price, quality, commercial conditions and social, environmental and innovation aspects. No negotiations shall be held concerning minimum requirements, applied to the Object of Procurement, Suppliers’ qualification, Tenders, criteria for evaluation of these Tenders and substantial Terms and Conditions of the Procurement Contract. The Commission, having evaluated the qualification of the Suppliers and the Tenders, shall indicate via e-mail to all Suppliers the time at which they need to come to the negotiations, the Tenders of which have not been rejected. During the process of the negotiation procedures, the Commission shall not disclose to any third persons any information obtained from the Supplier without the Supplier’s consent. Negotiations shall be held with each Supplier separately, and the Minutes of the negotiations shall be drawn up. The Minutes of Negotiations shall be signed by the Chairman of the Commission and an authorized person of the Supplier, who participated in the negotiations (if negotiations have been held in a remote way, the Minutes shall be signed by the chairman of the Commission and it shall be sent via e-mail, while the Supplier shall send a letter of acknowledgement). If the Supplier or a person authorized by him, failed to arrive at negotiations (or have not participated in a remote way), the Commission shall draw up the Minutes, where it shall be indicated the absence of the Supplier, and this Minutes shall be signed by all Commission members. The Final Tenders of the negotiations, shall be Negotiation Minutes, signed by the Parties as well as the Primary Tenders to the extent they have not been changed during the negotiations. Final Tenders shall be evaluated in accordance with the procedure stipulated in these Procurement Terms and Conditions. Upon completion of negotiations and evaluation of Final Tenders, the final sequence of the Tenders shall be approved. If the Supplier has not arrived at the negotiations, during composing the final sequence of Tenders, the Primary Tender of the Supplier absent shall be evaluated. The Commission, upon analysis, evaluation and comparison between all Tenders submitted, shall create the sequence of the Tenders. The Tenders shall be entered into this sequence in accordance with the increasing price. In the case when the prices of several Tenders submitted are the same, the Supplier shall be entered first, Tender of which was received first. In the cases, when a Tender has been submitted by only one Supplier, the sequence of Tenders shall not be established and his Tender shall be considered the winner if not rejected on the basis of provisions of these Tendering Terms and Conditions. The Supplier who has offered the lowest price shall be pronounced the successful Tenderer and he shall be invited to conclude the Contract, indicating the time, until which the Contract should be entered into force. If the successful Tenderer refuses via e-mail to conclude the Procurement Contract or the Procurement Contract fails to be concluded on the deadline, or this Tenderer refuses to conclude the Procurement Contract under the terms and conditions stipulated in the Procurement Documents, it shall be considered that he refused to conclude the Procurement Contract. In this case, the Commission shall invite to conclude a Procurement Contract a Supplier, who is the first to be successful after the successful Tenderer.