INSTRUCTION FOR PARTICIPANTS IN TENDERS

1. General

Guided by the normative documents of existing legislation Customer announces Tender for purchasing of services or work in accordance with the procedures and conditions defined in Tender documents. The Performer incurs all expenses connected with preparation and submission of His Proposals and Customer in any case is not responsible for these expenses regardless of the result of Tender process.

On receiving of Tender documents the Performer shall inform Customer about his name, address, numbers of telephones, fax of his Representative who has to send all information relating to the conducting of Tender.

2. Giving explanations regarding Tender documents

The Performer has the right to apply to Customer for explanations regarding Tender documents not later than seven calendar days before the deadline for submitting Tender Proposals.

Customer has to answer the inquiry during the period of three working days and inform all other participants about these explanations without mentioning Candidate who has sent the inquiry.

Customer has the right to conduct the meeting with the participants who have obtained Tender documents in order to explain any questions regarding Tender documents.

3. Introducing of corrections to Tender documents

Not later than three working days before the deadline of Tender proposals submitting Customer has the right to introduce changes into Tender documents either on his own initiative or as a result of the Performers’ inquiries and inform all Performers, obtained Tender documents, about the indicated changes in written form.

4. The language of Proposal

All documents relating to Tender Proposals are issued in the State language or in the Bank working language that is why demand on preparation of Tender documents in the English language should not be unexpectedness for you.

5. Tender Proposal

The Performer studies all instructions given in Tender documentation in order to issue Tender Proposal in proper way. Impossibility to submit all information, which is necessary for Tender documents or Proposal, which does not meet all requirements, will be considered Performer’s risk and may entail rejection of Proposal at any stage of its consideration.

Mandatory component of Tender Proposal is price proposal.

6. Price proposal

The cost of Tender Proposal has to be neatly and finally defined without any references, restrictions or cautions. The Performer is responsible for obtaining of all necessary permissions and licenses and bears expenses for obtaining such permissions and licenses.

7. Proposal currency

The Participants of Tender have right to indicate the price of competition application in any currency or EURO or in their combination.

8. Documents confirming the Performer’s qualification

Documents confirming the Performer’s qualification are submitted in strict correspondence to Tender documentation requirements.

9. Period of validity of the Proposal

Proposals remain operating for the period indicated in Tender documents. Proposal active for shorter period is rejected as non-corresponding.

Before the deadline of the period of validity of the Proposal Customer has the right to demand from the Performer to extend the period of validity for additional concrete period of time. The Performer’s inquiries and answers are submitted in written form or through communication facilities.

10. Issuing and signing of the Proposals

The Performer submitted sealed envelopes, which are marked as "Original of Proposal" and "Copy of Proposal" correspondingly. In case of any discrepancy between them, the original is determinative.

11. Marking of the Proposals

The Performers seal the original and every copy of the Proposal in the proper way marking the envelopes as "Original" and "copy".

The envelopes shall be:

• addressed to Customer to the address given in Tender announcement;
• the Performer’s name and address are indicated on the envelope to have an opportunity to return the Proposal back unopened in case of its being delivered late.

12. The deadline of submitting of Tender Proposals

Proposals shall be received to the address not later than the time indicated in Tender Invitation.

13. Proposals, which are behind time

All Proposals received by Customer after the deadline of their submitting are not opened and returned to the Performer.

14. Changing and annulment of Proposals

The Performer can change or annul has Proposal in the form of message in written form before the deadline of submitting of Tender Proposals.

15. Opening of Proposals by Customer.

Customer opens the Proposals at the place and at the time indicated in Tender documents. Representatives of the Performers may be present at the procedure of opening of the envelopes with Proposals, in this case the present representatives shall sign the protocol, which confirms their presence. If it is impossible to send a representative to Tender, the Performer submits to Customer a letter that the representative will not be sent to Tender. Otherwise, such a Performer cannot make a complaint against Customer’s actions during the procedure of opening of the Proposals.

The names and addresses of suppliers as well as prices of every Tender Proposal which is being opened are announced to the persons who are present at the procedure of opening of Tender.

16. The procedure of keeping confidentiality

Information relating to consideration, explanation, evaluation of Proposals is not opened by the Performer or any other persons who are not officially connected with the procedure of purchasing.

Besides the answers for the Performer’s inquiries regarding the explanation of the Proposals from the moment of the opening of Tender until the signing of the Contract none of the Performers cannot connect with Customer for any issue which is relating to Tender subject.

Any Performer’s attempts to influence on Customer’s evaluation of the Proposals or making a decision on the choice of the winner may lead to rejecting of his Proposal.

17. Explanation of the Proposal

Tender Customer may ask the Performer to explain Tender Proposals in order to make it easier their consideration, evaluation and comparison. No changes in Tender Proposals regarding their essence, including changes of the price and changes aimed at correction of Tender Proposal are accepted, discussed and allowed unless they meet formal requirements and in order to bring into accord with these requirements.

18. Procedure of clarification of Tender Proposals

Clarification of the Proposals which meet or do not meet the requirements are based only on their contents without referring to extraneous data.

If the Proposal does not meet the requirements, it is rejected by Customer and cannot be brought into accord by correction or changing, or annulment of non-corresponding rejections or cautions with time.

Customer checks proposals defined as basically meeting the requirements, in order to find arithmetic errors.

Tender Customer has the right to correct arithmetic errors on the stipulation that he has received written agreement for such correction from the authorized representative of the Performer.

If the Performer does not agree for such corrections, his Proposal is rejected.

19. Evaluation of Tender Proposals

Customer evaluates the Proposals, which have not been rejected and defined as meeting the requirements in accordance with it.18 and taking into account of other requirements of this instruction.

During the evaluation of the Proposals Customer uses the criteria of determination of the best Tender Proposal. Besides the price, the expenses for domestic operations, schedule of payments, deadline of construction work or deliveries, operational expenses, effectiveness and compatibility of the equipment, maintenance and availability of spare parts are taken into account. Other (besides the price) factors, considered while defining of the most economical application, shall have money terms, and if it is impossible, - their relative value shall be given in evaluation clauses of Tender documents.

20. Stoppage of the Performer’s participation in Tender

Participation of the Performer in Tender may be stopped if:

• Performer is a bankrupt
• Performer made some professional violations connected with his economical activity
• Performer has not fulfilled commitments in accordance with the legislation of his country or Ukraine regarding payment of dues connected with social insurance or discharge of taxes;
• Performer has submitted inadequate information.

Customer has the right to reject Customer’s Proposal at any stage.

21. Acceptance of Tender Proposal

The report about acceptance of Tender Proposal is sent to the winner of Tender during the period of five calendar days since reaching correspondent decision.

Customer has the right to demand from the Performer – winner of the procedure of purchasing reconfirming of his correspondence to the qualification requirements.

If Performer, whose Tender Proposal is accepted, refuses to sign Contract, Customer redefines the best Tender Proposal from those whose term is still valid.

All Performers who have taken part in Tender are sent reports about Tender results.

22. Customer’s right is to reject any or all Proposals

Customer reserves the right to himself to reject all Tender Proposals at any time before the acceptance of Tender Proposal.

Report on rejection of all Tender Proposals (without motivation of such a decision) is sent to all Performers who have submitted their Tender Proposals during the period not longer than three days since the making decision on rejection of all Proposals.

23. The procedure of appeal

Performer has the opportunity to appeal unlawful acts or decision of Customer if there are any, on the basis of existing legislation as a result of violation of the procedure of purchasing by Customer.

Complaint regarding violations of the procedure of conducting of Tender by Tender Customer or his decisions, actions or inactivity is submitted in written form to Tender Customer or to the Ministry of Economics and on Issues of European Integration of Ukraine in the terms foreseen in the existing legislation.

24. Signing of Contract

Tender Customer and the winner of Tender sign the Contract for purchasing during 14 days since the moment of defining of the winner and after the report about acceptance of of his Tender Proposal.