REPLACEMENT AND MAINTENANCE OF LIFTS GIVING ACCESS TO LHC UNDERGROUND AREAS TENDERING PROCEDURE IT-4056/EN 105 December 2014 Floris Bonthond

CONTACT FOR INFORMATION Floris Bonthond Tel: December 2014 Floris Bonthond

DOCUMENTATION Tender Form and Technical Questionnaire Tender Form and Technical Questionnaire Technical Specification and its annexes Technical Specification and its annexes Selection and Adjudication Criteria for Supply Contracts Selection and Adjudication Criteria for Supply Contracts General Conditions for Invitations to Tender CERN/FC/5312-I General Conditions for Invitations to Tender CERN/FC/5312-I General Conditions of CERN Contracts CERN/FC/5312-II General Conditions of CERN Contracts CERN/FC/5312-II Working on the CERN Site Working on the CERN Site (Please refer to received for more info and URL). 305 December 2014 Floris Bonthond

TENDERING PROCEDURE Bids to be uploaded* on the CERN e-tendering application at: not later than: (expressed in Europe/Zurich time zone - Please take into account the uploading time) Bids to be uploaded* on the CERN e-tendering application at: not later than: 08 January 2015 – 4:00 pm (expressed in Europe/Zurich time zone - Please take into account the uploading time) Bid evaluation Bid evaluation Contract negotiation Contract negotiation CERN Finance Committee approval (March 2015) CERN Finance Committee approval (March 2015) Start of contract Start of contract * *Unless explicitly stated otherwise by CERN, bids shall, in no event, be sent by post, e- mail or fax. CERN will only accept bids that have been submitted via its e-tendering application. 405 December 2014 Floris Bonthond

BASIS OF AWARD Adjudication basis: The contract shall be awarded on a « lowest technically compliant » basis to the bidder whose bid complies with all the technical, financial and delivery requirements and is the lowest*. * Subject to the Rules aiming at achieving a well balanced industrial return coefficient for Member States (MS). 505 December 2014 Floris Bonthond

Selection and adjudication criteria Improve the distribution of our purchases among CERN Member States Country of origin: In accordance with standards defined by EU, i.e. the country(ies) where the supplies (including their components and sub-assemblies) are manufactured or undergo the last major transformation by the contractor or his sub-contractors. Country of origin: In accordance with standards defined by EU, i.e. the country(ies) where the supplies (including their components and sub-assemblies) are manufactured or undergo the last major transformation by the contractor or his sub-contractors. The return coefficient of a Member State is defined as the ratio between that Member State's percentage share of the value of all Supply Contracts and that Member State's percentage contribution to the CERN Budget over the same period. The return coefficient of a Member State is defined as the ratio between that Member State's percentage share of the value of all Supply Contracts and that Member State's percentage contribution to the CERN Budget over the same period. Well balanced Member States until March 2015: CH - FR - HU - PT. Well balanced Member States until March 2015: CH - FR - HU - PT. The tender shall be treated as that from a poorly balanced (PB) MS provided that the value of the supplies originating in one or more PB MS is not less than 60% of the total amount of the contract. The tender shall be treated as that from a poorly balanced (PB) MS provided that the value of the supplies originating in one or more PB MS is not less than 60% of the total amount of the contract. 605 December 2014 Floris Bonthond

The alignment rule (1) Lowest Bid from a PB MS  contract Lowest Bid from a PB MS  contract Case 1 Contract Case 2 Case 2a Case 2b Case 2c 705 December 2014 Floris Bonthond

The alignment rule (2) Lowest Bid from a WB MS negotiations if difference < 20% Lowest Bid from a WB MS negotiations if difference < 20% Case 1 Case 2 Case 2a Case 2b Case 2c 805 December 2014 Floris Bonthond Contract

The alignment rule (3) Case 2a: 1st bidder from PB MS aligns  contractCase 2a: 1st bidder from PB MS aligns  contract Case 1 Contract Case 2 Case 2a Case 2b Case 2c 905 December 2014 Floris Bonthond

The alignment rule (4) Case 2b, if not  2nd lowest bidder from PB MS aligns  contractCase 2b, if not  2nd lowest bidder from PB MS aligns  contract Case 1 Contract Case 2 Case 2a Case 2b Case 2c 1005 December 2014 Floris Bonthond

The alignment rule (5) Case 2c, if not alignment  contract placed with the lowest bidder from WB MSCase 2c, if not alignment  contract placed with the lowest bidder from WB MS Case 1 Case 2 Case 2a Case 2b Case 2c 1105 December 2014 Floris Bonthond Contract

PRICE BASIS All prices shall be quoted either in CHF or the national currency of the bidder or the currency in which the bidder has major expenses (to be indicated in the Tender Form), not subject to revision until 31 March All prices shall be quoted either in CHF or the national currency of the bidder or the currency in which the bidder has major expenses (to be indicated in the Tender Form), not subject to revision until 31 March They shall take into account CERN’s exoneration from VAT and import duties. They shall take into account CERN’s exoneration from VAT and import duties. The adjudication shall be based on the Free Carrier (FCA) Incoterms 2010 conditions. The adjudication shall be based on the Free Carrier (FCA) Incoterms 2010 conditions December 2014 Floris Bonthond

TENDER FORM Please fill in all the positions of tables 1 to 5 of Art. 3 of the Tender Form and make sure that all that is requested is included. Please fill in all the positions of tables 1 to 5 of Art. 3 of the Tender Form and make sure that all that is requested is included. Please make sure that all the documents that are requested in section 17 of the Tender Form (Documents to be attached to the bid) are included. CERN reserves the right to disqualify any bidder who does not supply all the requested documents. Please make sure that all the documents that are requested in section 17 of the Tender Form (Documents to be attached to the bid) are included. CERN reserves the right to disqualify any bidder who does not supply all the requested documents December 2014 Floris Bonthond

VAT VAT shall be subject to the rules and invoicing instructions as defined under the following links: OR December 2014 Floris Bonthond

APPLICABLE LAW The law applying to the working conditions of the contractor’s personnel for this contract will be the French law. Details will be given in the next presentation December 2014 Floris Bonthond

PAYMENT CONDITIONS The payment of any invoice shall be subject to the provision by the contractor of a bank guarantee issued by a bank approved by CERN (rating of BBB+ at least with proof of rating) at the start of the contract: The payment of any invoice shall be subject to the provision by the contractor of a bank guarantee issued by a bank approved by CERN (rating of BBB+ at least with proof of rating) at the start of the contract: 10% of the total estimated amount of the supply + 10% of the total estimated amount for the service.10% of the total estimated amount of the supply + 10% of the total estimated amount for the service. See template in annex 1 of our General Conditions.See template in annex 1 of our General Conditions. Payments for the supply: Payments for the supply: 10% of the total amount of the release order after acknowledgement.10% of the total amount of the release order after acknowledgement. 20% of the total amount of the release order following approval of the Detailed Design File by CERN.20% of the total amount of the release order following approval of the Detailed Design File by CERN. 30% of the total amount of the release order following successful site acceptance tests.30% of the total amount of the release order following successful site acceptance tests. 40% of the total amount of the release order following release by CERN of the final acceptance certificate for the supply concerned, delivery of all the documentation and completion of the training.40% of the total amount of the release order following release by CERN of the final acceptance certificate for the supply concerned, delivery of all the documentation and completion of the training December 2014 Floris Bonthond

PAYMENT CONDITIONS Payments for the service: Payments for the service: The service shall be paid monthly in arrears.The service shall be paid monthly in arrears. If the service has not been fully performed or where penalties are applicable, the invoice shall reflect the corresponding reduction in price. The list of applicable penalties can be found in Annex 1 of the Tender Form.If the service has not been fully performed or where penalties are applicable, the invoice shall reflect the corresponding reduction in price. The list of applicable penalties can be found in Annex 1 of the Tender Form. 05 December 2014 Floris Bonthond 17

DESIGN STUDY For each lift, the contractor shall submit to CERN a Detailed Design File for approval as specified in sections and of the technical specification. For each lift, the contractor shall submit to CERN a Detailed Design File for approval as specified in sections and of the technical specification. CERN shall carry out a detailed verification of the proposed design and give its approval or refusal in writing within two weeks. In case the study is refused by CERN, the contractor shall forthwith and at his own expense take such remedial measures as may be required to submit a satisfactory study within two weeks of CERN’s request. CERN shall carry out a detailed verification of the proposed design and give its approval or refusal in writing within two weeks. In case the study is refused by CERN, the contractor shall forthwith and at his own expense take such remedial measures as may be required to submit a satisfactory study within two weeks of CERN’s request. If the contractor fails to take the requested remedial actions according to CERN’s request, CERN may terminate the release order and/or the contract in whole or in part with immediate effect in accordance with Articles 28 and 30 of the General Conditions of CERN Contracts. If the contractor fails to take the requested remedial actions according to CERN’s request, CERN may terminate the release order and/or the contract in whole or in part with immediate effect in accordance with Articles 28 and 30 of the General Conditions of CERN Contracts. In any case, component ordering and equipment manufacture shall not start without CERN’s written prior approval of the design study. In any case, component ordering and equipment manufacture shall not start without CERN’s written prior approval of the design study December 2014 Floris Bonthond

ACCEPTANCE - SUPPLY Step 1: After acceptance tests and during the next six months of operation, CERN will monitor the performance of the lift. If necessary, the industrial test period will be extended by six months once. Step 1: After acceptance tests and during the next six months of operation, CERN will monitor the performance of the lift. If necessary, the industrial test period will be extended by six months once. Step 2: After one year or trips (first criteria reached), the final assessment of the lift’s performance will be made and penalties will be applied as defined in the tender form. Step 2: After one year or trips (first criteria reached), the final assessment of the lift’s performance will be made and penalties will be applied as defined in the tender form. The acceptance of the supply shall be granted after release by CERN of the final acceptance certificate for the supply concerned (after step 1 or 2). The acceptance of the supply shall be granted after release by CERN of the final acceptance certificate for the supply concerned (after step 1 or 2) December 2014 Floris Bonthond

SPECIFIC COMMERCIAL ISSUES DELIVERY SCHEDULE: Art of Technical Specification. Detailed schedule in each release order. Please beware of access constraints. DELIVERY SCHEDULE: Art of Technical Specification. Detailed schedule in each release order. Please beware of access constraints. WARRANTY: two years (Art. 25 of General Conditions of CERN Contracts). WARRANTY: two years (Art. 25 of General Conditions of CERN Contracts). COMBINATION OF FIRMS: combined competence and experience shall cover all the specified technical domains of this Invitation to Tender. COMBINATION OF FIRMS: combined competence and experience shall cover all the specified technical domains of this Invitation to Tender. SUBCONTRACTING is permitted but limited to 30% of the amount of the bid. SUBCONTRACTING is permitted but limited to 30% of the amount of the bid. ALTERNATIVE PROPOSALS: (Art. 14 of General Conditions for IT): alternatives can be proposed but they shall always be in addition to the conforming bid. ALTERNATIVE PROPOSALS: (Art. 14 of General Conditions for IT): alternatives can be proposed but they shall always be in addition to the conforming bid. PENALTIES - Supply: Art. 11 – Tender Form: 1% of the amount of the release order concerned (cumulative total penalty limited to 5 %) for each complete week of delay of the contractual delivery date stipulated for each milestone + non-conformity penalties. PENALTIES - Supply: Art. 11 – Tender Form: 1% of the amount of the release order concerned (cumulative total penalty limited to 5 %) for each complete week of delay of the contractual delivery date stipulated for each milestone + non-conformity penalties. PENALTIES – Service: Non-conformities may be penalised by CERN through the deduction of a penalty percentage from the monthly invoiced amount. PENALTIES – Service: Non-conformities may be penalised by CERN through the deduction of a penalty percentage from the monthly invoiced amount December 2014 Floris Bonthond

CLARIFICATION PROCESS All requests for clarification shall exclusively be addressed by to Floris Bonthond. All requests for clarification shall exclusively be addressed by to Floris Bonthond. CERN will answer all the requests for clarification received earlier than 7 calendar days prior to the deadline for the submission of the bids. Please be take into account that CERN is closed from 20 December 2014 until 4 January CERN will answer all the requests for clarification received earlier than 7 calendar days prior to the deadline for the submission of the bids. Please be take into account that CERN is closed from 20 December 2014 until 4 January CERN’s answers will be sent to all bidders, including the requests for clarification but without identifying the sources. CERN’s answers will be sent to all bidders, including the requests for clarification but without identifying the sources. Bidders shall acknowledge receipt of the Q&A documents and acknowledge in its bid cover letter each individual CERN clarification correspondence received. Bidders shall acknowledge receipt of the Q&A documents and acknowledge in its bid cover letter each individual CERN clarification correspondence received December 2014 Floris Bonthond

THANK YOU FOR YOUR ATTENTION 2205 December 2014 Floris Bonthond