CALL TO TENDER - Enit

“EXHIBITION EVENT – ITALIA COMES TO YOU”
SUPPLY OF EXHIBITION AREAS, LOGISTICS AND INSTALLATION SERVICES
HOSPITALITY AND SECURITY SERVICES
INTRODUCTION
CALL TO TENDER
As part of its institutional aims, ENIT – Agenzia Nazionale del Turismo (the Italian National
Tourism Agency) promotes abroad the knowledge of typical Italian territories with their cultural,
historic and productive resources, also through coordinated and integrated initiatives in
collaboration with public and private entities.
In the year 2012, ENIT will organise specific events in the cities mentioned below ( i.e. “the
interest markets”) aimed at creating awareness of Italy as a tourist destination in India through a
high impact promotional and media event capable of reaching not only the general public but also
the opinion leaders, stakeholders, government bodies, businesses and media, on the following dates:
City of Mumbai from 3 March 2012 to 11 March 2012
City of New Delhi from 24 March 2012 to 1 April 2012
City of Bangalore from 14 April 2012 to 22 April 2012.
More specifically, the objective to be attained in the various interest markets along with
promotional and commercial aims are as follows:
1. different types of tourism available in the Italian Regions (Seaside, art cities, parks and
nature, mountains, lakes, spas and well-being, food and wine tours, sport and fitness
holidays, religious trips and conventions);
2. Italy’s cultural heritage;
3. the top of the range “Made in Italy” brands.
The distinctive characteristic of the event and its main inspiration will be the project concept of
“L’Italia vista dagli artisti stranieri” (Italy as seen by foreign artists).
The most significant moment of the entire event and the mainstay attraction for the promotion of
Italian tourism will be through the exhibition works by Indian artists who were inspired to create
their art, during the course of their stay in Italy.
The exhibition event will take place in an inflatable dome (“airdome”), which is stylistically
original and with high visual impact supplied by ENIT or, alternatively, in indoor exhibition areas,
where various activities will involve operators of the tourism sector (tour operators, travel agents),
top level government bodies and others (stakeholders, opinion leaders, representatives of local
government etc.), and the media (general press and specialized press), through a comprehensive
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programme of meetings, aimed – even in commercial terms – at presenting the tourism products and
the “Made in Italy” brands.
Art. 1 General rules and objective of the call to tender
To be able to reach the objectives described above, ENIT - Agenzia Nazionale del Turismo has
organized a CALL TO TENDER which is governed exclusively by the TECHNICAL
REQUIREMENTS and by this document. CALL TO TENDER indicates how to prepare a tender
and the criteria and methods used to award the tender.
The aim of the CALL TO TENDERS, described in detail in the TECHNICAL REQUIREMENTS,
is composed of the following services (“the services”)
1. supply of open public spaces at central and prestigious locations, including high
pedestrian traffic destinations to host the installation of the “airdome” type supplied by
ENIT.
2. supply of indoor exhibition spaces in prestigious and central locations including high
pedestrian traffic destinations.
3. transport of the “Airdome” structure, in the case of outdoor exhibition spaces, under the
supervision and assistance of technicians of the Airdome manufacturer, between the cities
hosting the event.
4. supply of installation, various utilities, technical equipment and internal decor of airdome
and its assembly, dismantling and transport between the cities hosting the event.
5. supply of installation, various utilities, technical equipment and internal decor of the
exhibition spaces indoors and their assembly and disassembly and transport between the
cities hosting the event.
6. authorizations, permits, license fees and concessions.
7. insurance cover for the event.
8. supply of catering and refreshment services, cleaning, haulage, security and surveillance,
hostess and additional services during the event.
The supply of said goods and services has the aim of successfully holding the event in the interest
markets according to the date provided above and as per the activities programme shown in
Attachment A of the TECHNICAL REQUIREMENTS.
The maximum price for the tender bids of goods and services specified in the Technical
Requirements is divided as follows:
For MUMBAI Euro 165.000;
For DELHI Euro 145.000;
For BANGALORE Euro 120.000.
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The price is all inclusive and includes all tax, duty and any other direct and indirect cost related to
the realization of the services.
The price also includes the charges relating to all the authorizations and licences requested by local
authorities and in compliance with Indian laws to realize events in public spaces, open to the public
and to private entities.
The winning bidder will be requested to execute a supply contract (“the contract”) in English
language provided by ENIT. The contract will be effective only upon execution of the contract by
the winning bidder strictly within 7 days ( “execution period”) of the receipt of the contract by
the winning bidder. It is strictly emphasised that lapse of the execution period will result in the
winning bidder to forfeit its right to execute the contract. Thereafter ENIT will have a right to
readjudicate the bidding process by reserving the right to disqualify the aforementioned winning
bidder. It is also clarified that the format and the content of the contract cannot be modified or
changed, by the winning bidder unless otherwise accepted by ENIT.
In case of conflict between the Tender Notice and the Tender Contract, the former will prevail over
the latter.
The procedure to award to the winning bidder will take place in Mumbai. A Commission will be
formed to govern the procedure of the said award. The date and place of the bid adjudication, as
well as the composition of the Commission will be published on the website www.enit.it at least ten
days in advance. The bidders are expected to remain present on the bid adjudication date.
Art. 2 Eligibility to bid
The following are the eligibility criteria to apply for the bid:
1. Corporates/Firms/Agencies/Parties who are in the similar business of the services required;
2. Corporates/Firms/Agencies/Parties having minimum two years experience in providing the
services ;
3. Corporates/Firms/Agencies/Parties having requisite infrastructure to provide the services ;
4. Any tie-up arrangement for the purpose of leveraging experience/running of contract will be
subject to disqualification.
ENIT may at its sole discretion waive all or any of the above eligibility norms.
Art. 3 Documents for participation
Enterprises who intend to take part in the procedure will have to provide the following
information’s/documents:
(i) Bio-data of Bidder
a. Name & Address of Company/Firm/LLP/Individual;
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. Telephone Number and Mobile;
c. Nature of the Bidder (Company/Firm/LLP/Individual)
d. Full Name(s) of Proprietor or Partners or members or directors or authorised persons;
e. Permanent Account Number (Income Tax);
f. Sales Tax Registration Number of the Company/Firm/Party.
g. the Memorandum of Association and Articles of Association of the Bidder. In case of
Partnership firm, then the registered Partnership Deed.
h. Approvals obtained by the concerned authority to carry on the particular services.
i. Profit and Loss Account, Balance Sheet, Income Tax Returns to check the financial strength of
the bidder to provide the services.
j. The experience and/or the recommendation letters from the companies to which the bidders
have provided similar type of services.
k. Profile of the bidder providing the specifications like,
(i) the brief description/scope of the services provided by the bidder,
(ii) list of the entities to whom the services provided,
(iii) any other particulars which are material pertaining to the services to be provided.
l. Undertaking by the enterprise who is a bidder stating that bidder has read and understood the
terms and conditions of the tender and of the Technical Requirements.
m. Declaration towards Non-tampering of tender documents in case the tender documents are
downloaded from the ENIT website.
n. Letter of Authorization if any of the authorized representative of the Company/Firm/LLP are
to attend the tender proceedings.
o. Declaration stating that all the documents provided for the tender are true and accurate.
p. Declaration stating that the bidder has read Article 45 of the DIRECTIVE 2004/18/EC OF THE
EUROPEAN PARLIAMENT AND OF THE COUNCIL of 31 March 2004, published on the
Official Journal of the European Union L 134, Volume 47 30 April 2004 (www. Eurlex.europa.eu)
on the coordination of procedures for the award of public works contracts, public
supply contracts and public service and that the bidder is not liable under any of the provisions
thereof.
ENIT is not liable to check the compliance and completeness of the documents provided, their
truthfulness and congruity with or any other aspect in reference to the unlawfulness, falseness,
unsuitability, false origin, inadequacy and any other such incidental or relevant features of the
documents provided by the enterprises for which only such enterprises are at all times liable.
Further any such aforementioned events allows ENIT, at any time, to, inter alia terminate the
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contract, to claim a payment for damages suffered and to inform the relevant Authorities of any
unlawfulness.
Art. 4 Deadline for filing the bid
The bidders must file their offer along with related documents by no later than 30 th December
2011, 1 pm.
The documents submitted after the time period stipulated above will not be considered for the bid
and the bidder agrees without demur that it will have no right to ask for any extensions under any
circumstance including for reasonable grounds.
Art. 5 Procedure to file the bid
ENIT reserves the right to charge a fees as liquidated damages if in its sole discretion it waives any
of the conditions of the bid stated herein in the Call To Tender. The offer and associated
documents must be submitted in English and filed in a packet, initialled on the flaps and sealed, in
order to guarantee confidentiality.
The packet must be sent by no later than 30 th December 2011, 1pm to:
Fox Mandal Little & Co, Solicitors & Advocates, Central Bank Building, 3rd Floor, M.G ROAD,
Mumbai – 400 023, INDIA.
On the packet must be written the object of the tender. It must contain three envelopes, also
initialled and sealed on the flaps, containing as follows:
envelope a) application signed by enterprise which is the bidder or the duly authorised
representative, and the documents already described under Art. 3 above;
envelope b) for each city where the event will be held, technical offer containing a technical report
as detailed here below:
envelope c) for each city where the event will be held, commercial offer containing the offered
price of the services, including VAT (if any), tax, duties and any other charges and direct and
indirect costs applicable to the services.
The Technical offer shall include the following documents and information:
- location, description, planimetry and characteristics of public spaces open to the public or
privately owned spaces, outdoors and indoors, destined to host the event;
- frequency of pedestrian traffic of the identified location and consequent estimate of minimum
guaranteed contacts reached at the end of the event;
- indication of the minimum and maximum guaranteed timeframes for the planned installation and
decorations of the exhibition spaces;
- time lines of the assembly, dismantling and technical management of the installation, decor and all
the technical equipment of the airdome and of the indoors exhibition areas;
- time lines for the transport of the airdome and all the parts that make up the installation, decor and
technical equipment of the exhibition spaces;
- planning of interiors, layout and design proposed for the internal installations of the Airdome and
an indoor space of 1,000 sqm with drawings, technical drawings and any other useful documents;
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- description of the type and number of all supplies proposed, with an indication of the
manufacturing enterprises and brands, accompanied by catalogues, photographic descriptions,
technical sheets etc.;
- any datum or piece of information which illustrates the type of offer and the compliance with what
is requested, and any necessary technical detail useful to evaluate the quality of the project and the
congruity with the price bid;
- detailed breakdown of any other service, technical equipment, electrical, electronic or IT
component, Internet connections etc., corresponding to what is provided in the Technical
requirements;
- the number of persons who will be involved in the activities and services, listed according to
professional qualifications;
- a declaration certifying the commitment to obtain all the authorizations, permits, rights and
concessions necessary within a reasonable time for the activities provided in the Technical
requirements;
- information on the insurance cover taken.
- detailed description of every service offered answering to the requisites of the Technical
requirements;
- information on the security service bearing in mind the public order situation in India:
methods and type of services rendered, timeframe of performance and every other useful
information to evaluate the quality of the services offered;
- list of the type of refreshments, range of offer and products used;
- menu prepared for the Italian-style gala dinners, variety and type of dishes, the Italian products
and beverages offered;
- quality of tableware, flatware and equipment; description of floral arrangements.
The commercial bid must contain the prices of what is being offered. All bids shall be inclusive of
tax, duties and any other direct and indirect costs applicable for the services and may not be
changed at a later date for whatever reason.
The documents must be drawn up and submitted on the company’s/firm’s letterhead,
rubberstamped and signed by the enterprise which is the bidder or the authorised representative who
will take part in the CALL TO TENDER and in case of individuals the valid identity card issued
By any Government Authority; in case the documents will not be drawn up and submitted in such a
form, they will be considered null, void and offer will be rejected.
Art. 6 Rules for awarding the winning bid
ENIT reserves its unchallengeable right to proceed or not with the award of the contract, without
the participating enterprises being able to make any claim for damages vis-à-vis ENIT.
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Further ENIT reserves itself the right to call for any other detail or information from any of the
bidder (s).
Incomplete application or application without proof of eligibility shall be liable to be summarily
rejected. Further, the bidders are expected to examine the documents constituting this tender
document in detail. Material deficiencies in providing the information requested may result in
rejection of a proposal
Further, ENIT will scrutinize the prequalification documents submitted by bidders and may ask the
bidder any clarification or decide independently and convey its decision to the bidders separately.
The award may take place even when there is only one valid bid.
The enterprises taking part in the bidding shall put forward their distinct bids for each single city.
The award will be conveyed to the bidder(s) separately regarding the acceptance of the offer.
The award may be granted to more than one bidder based on the bids made for single cities.
The award will be made with the criterion of the most valid bid in qualitative and economic terms
through the attribution of points, as follows:
technical offer ........................................................................................................max 60 points;
economic offer….………………………………………………………………... max 40 points;
Details for criteria:
CRITERIA AND EVALUATION
ELEMENTS
QUALITATIVE EVALUATION
ELEMENTS
1. Characteristics of the proposed outdoors
exhibition spaces
2. Characteristics of the proposed indoors
exhibition spaces
3. Characteristics of the proposed installation
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POINTS
60/100
Maximum 15
Maximum 10
Maximum 20
4. Quality of the services offered Maximum 15
QUANTITATIVE AND ECONOMIC
EVALUATION ELEMENTS
40/100
1. Best economic conditions
Total maximum points
Maximum 40
100

With regard to the economic evaluation, the points shall be awarded with the following formula:
Pa = (Pb/P) x Pm
Where
Pa is the number of points assigned for each economic offer and Pm is the maximum number of
points (40) assigned to the lowest bid
Pb is the price of the lowest bid
P is the price of the bid being examined.
If the points for the qualitative elements are more than 48 and the points for the economic
conditions are more than 32, the offer is considered abnormally low, provided there have been more
than five offers. In this case, ENIT can ask to explain the reasons of this abnormality , and, if not
satisfied, can reject the offer.
ENIT reserves to itself the right to reject any or all the tenders in part or in full without assigning
any reason thereof.
Further, ENIT at its discretion will be entitled to award tender to any bidder without providing the
reason to the participating companies and shall be entitled to evaluate also offers which have
deviated from the qualification norms as per the CALL TO TENDER.
Art. 7 Method to conduct the selection – Selection Commission
The selection process will take place according to the following calendar.
On the day, at the hour and place mentioned above in Article 1 above the Selection Commission
will verify the formal correctness, integrity and proper closure and seal of the packet and of the
three envelopes, and will then open and examine the contents of Envelopes “A”, “B” and “C”
(Economic Offer) for each bid, in order to verify for each bidding enterprise that it holds the
necessary requisites to take part in the bidding.
Art. 8 - Validity and duration of the bid
The bids must be confidential and unconditional; moreover, they cannot be modified and are
irrevocably binding for the bidders from the time they are made and for 180 (one hundred and
eighty) days thereafter from the date of the deadline fixed for making bids.
It is understood that ENIT is not required to pay any remuneration, at whatever title, for the projects
filed / bids made.
The prices offered are intended as inclusive of all charges and costs. All the bids of this tender are
fixed and unchangeable for the entire duration of the tender, being expressly excluded any review of
the prices.
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When making the bid, the winning bidder is immediately obliged vis-à-vis ENIT to provide the
services with the methods and within the terms of the same and also as provided in the documents
of the tender.
ENIT considers itself bound only after having executed the tender contract in the form of a private
deed which governs the relationship regarding the execution of the appointment that is the object of
this call to tenders.
Art. 9 - Guarantee for the execution of the contract – bank guarantee
The winning bidder of the contract, as a guarantee to the exact fulfilment of the contractual
obligations, shall provide a Bank Guarantee, which shall be acceptable to ENIT, and shall be equal
to 10 per cent of the contractual amount where the bid is awarded to the winning bidder at a price
equivalent up to 10% reduction of the bid amount as stated in the tender notice (bid amount). If the
bid is awarded with a reduction of more than 10 per cent of the bid amount, then the winning bidder
shall provide a bank guarantee with balance of the decreased amount. For Example, if the winning
bidder has quoted a bid for 8.5 crores ( assuming that the bid price is 10 crores) then he has to
provide a bank guarantee of 1.5 crores.
Further, if the bid is awarded with a reduction of more than 20 per cent of the bid amount, then the
winning bidder shall provide a Bank Guarantee of 20 per cent i.e., 2 crores ( assuming that the bid
price is 10 crores) and the further reduction of more than 20 per cent by the winning bidder will
amount to increase of two percentages in the bank guarantee for each point of reduction. For
Example, if the winning bidder quoted a bid for 7.9 crores then he has to provide a bank guarantee
of 2.2 crores and if he has quoted a bid for 7.5 crores then he has to provide a bank guarantee of 3
crores.
The Winning Bidder shall submit the Bank Guarantee as a condition precedent to the execution of
the contract. If the winning bidder fails to provide the bank guarantee at the time of awarding the
bid, then ENIT may at its sole discretion, without serving a notice to the winning bidder, cancel the
bid awarded to the winning bidder. Further, ENIT may forfeit the temporary deposit provided by
the winning bidder and may award the contract or the concession to the next bidder in the ranking
as detailed in Art. 17 (Validity).
The temporary deposit shall remain valid for at least 180 (one hundred and eighty) days from the
date the bid is made.
Art. 10 – Execution of the contract
The tender contract shall be effective after the execution the contracts by both the parties.
The contract will not be executed with a mere communication of the award of the contract, which
ENIT will notify to the enterprise who has won the bid by registered mail. Said communication will
not constitute an acceptance of the bid but merely an assumption to be able to execute the contract,
which will remain subject to the compliance by the winning bidder of the laws and conditions fixed
in the tender documents.
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Art. 11 – Other provisions and unforeseen circumstances
The winning bidder agrees to satisfy the operative needs of ENIT in the realization of certain
services not provided in the tender documents but which nevertheless form a part of or contribute to
the better management of the event.
The winning bidder agrees to make structural changes and changes to services during the work in
progress, where necessary and compatibly with the time needed. Should such changes mean
additional costs, the same shall be agreed to and authorized in advance and formally.
Art. 12 – Additions and changes to the contract
During the effectiveness of the contract, ENIT and the winning bidder agree on the possibility to
execute specific additional memorandum of understandings, which constitute for all effects and
purposes an agreement between the Parties in compliance with local laws which add to or change
the provisions of the tender documents and are aimed at improving the efficacy and efficiency of
the supply and services.
In any case, the conditions, prices and terms laid down at the basis of the original award cannot be
the object of any change.
If, during the course of the execution of the contract, it may be necessary to make changes either as
increase or decrease to the works or supplies, ENIT reserves its right to have them done by the
winning bidder at the same conditions provided in the beginning in the tender contract, up to a fifth
of the price provided therein.
Art. 13 – Duration of the tender contract
The duration of the service is from the beginning of the first event which is expected on 3 March
2012 in Mumbai and till the closure date which is expected on 22 April 2012 in Bangalore.
It is hereby agreed and understood that ENIT has the right, for proven and justified reasons, to
extend the terms which are strictly necessary for the realization of the services.
The contract executed with the winning bidder of the tender shall be effective from the date of
execution and shall continue until the completion of the award procedure and the settlement of any
pending disputes and/or lawsuits pertaining to the tender contracts.
Art. 14 – Coordination and supervision of ENIT
ENIT has the choice and coordination of the parts which make up the final product, and also the
right to request changes and/or additions to the project within the timeframe and with the methods
provided in the contract.
In order to allow the ENIT to exercise its rights as mentioned in the previous paragraph, the
winning bidder agrees to file, during the execution of works, all the documents, projects, text and
image material used, ensuring the execution of changes that the ENIT may deem to request.
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In any case, the winning bidder assumes full liability for all that concerns the exactness of the
advertising, literary, cartographic and image content of the works, those relating to the relative
translations and also the completeness of the data.
The winning bidder also agrees to meet the operative needs of ENIT in the realization of certain
services not provided by this document but which are nevertheless form a part of or contribute to a
better management of the event.
Art. 15– Liabilities and obligations of the winning bidder
The winning bidder is liable for the proper management of the service and of the costs that may be
incurred by the Administration following the non fulfilment by the winning bidder and/or of its own
employees of the obligations arising from the execution of the contract.
The winning bidder has the obligation, during the realization of the service that is the object of the
tender, to follow the instructions that shall be given by ENIT from time to time .
ENIT or its authorized representative may at any time visit the location where the activity is carried
on for the inspection from time to time. Winning bidder shall provide all the facilities for
conducting such inspection and shall ensure such inspection does not hinder the regular business
activities of the winning bidder.
In particular, the winning bidder shall have the following obligations:
1. to guarantee the execution time of the services as provided in the Technical requirements;
2. to appoint a coordinator who is in charge of all communications with ENIT;
3. to guarantee the execution of the activities provided by appointment in close contact with
ENIT, complying with the timeframe, methods and needs of ENIT;
4. not to make use of, either directly or indirectly, the mandate awarded and the information
that will become aware of in relation to such mandate. Hence even after the expiry of the
contract, winning bidder has agreed to maintain the strictest confidentiality on the information
of which it becomes aware as a result of the execution of the tender contract;
5. to obtain any authorization and licence provided by Indian law in order to realize all the
phases of the tender contract, as indicated in greater detail in the Technical requirements.
The bidder is expected to examine carefully the contents of all the documents provided. Failure to
comply with the requirements of tender document shall be at the bidder's own risk.
It shall be deemed that prior to the submission of bidding documents that the bidder has:
1. made a complete and careful examination of terms & conditions/requirements, and other
information set forth in this tender document;
2. received all such relevant information as it has requested from ENIT; and
3. made a complete and careful examination of the various aspects of the services to be
provided.
ENIT shall not be liable for any mistake or error or neglect by the bidder in respect of the above
obligations.
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In any case, the conditions, prices and terms laid down at the basis of the original award cannot be
the object of any change.
If, during the course of the execution of the contract, it may be necessary to make changes either as
increase or decrease to the works or supplies, ENIT reserves its right to have them done by the
winning bidder at the same conditions provided in the beginning in the tender contract, up to a fifth
of the price provided therein.
Beyond such limit, the enterprise may request the termination of the contract.
We point out that all goods and/or services supplied by the winning bidder for the execution of the
service must be compliant, for materials used, construction and assembly techniques,
implementation plans and organizational plans, with the current laws on safety.
The winning bidder agrees to guarantee the quality of the material produced and the visibility of all
the events in the programme in order to guarantee the highest possible number of visitors.
a) Obligations arising from the labour relationship with employees
The winning bidder assumes through its own employees all the obligations deriving from legislative
and regulatory provisions in force on labour and also mandatory social security and pension
obligations in force in India, incurring all charges in relation to the same, expressly holding
harmless ENIT from any such liability.
b) Third party liability
ENIT does not assume any liabilities for damages that may arise due to the contractor and/or due to
its employees or appointees during or consequent to the execution of the provisions that are the
object of this contract or for any other reason or cause, agreeing that every risk included in or
compensated by the consideration of this tender contract is assumed entirely and directly by the
contractor.
The winning bidder is charged with all the operations necessary to avoid the occurrence of damage
to works, persons and things during the execution of the service that is the object of the tender
contract, putting in place all the fulfilments required for workplace safety and all measures to
protect the place from riots, struggles and terroristic attacks.
c) Third party insurance cover
Moreover, the winning bidder will have to be insured against damage to things and persons arising
from the performance of the contracted service (insurance against damage to third parties, fire and
theft of materials and objects in the exhibitions spaces and against any other risk as may be
necessary) with a top premium payout of Euro 2.500.000,00 (two million five hundred thousand
euros), providing a document that certifies the insurance policy, for the entire duration of the tender
contract, at the time the contract with ENIT is executed, and with worldwide validity.
In any case, the winning bidder remains committed to not involve ENIT in any third party liability
inside the exhibition areas and to pay damages, none excluded, should they derive from errors,
faults, omissions or lack of precision in the performance of the service charged to it in moveable
and/or immovable property as also to persons.
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Art. 16 - Property rights
The winning enterprise assumes every responsibility and charge arising from intellectual property
rights, from industrial applications and of any other nature protected by private or legal protection,
due to third parties in relation to the supplies and services.
The enterprise also assumes the obligation to guarantee ENIT the safe and undisturbed possession
and enjoyment of materials and services provided, and not to involve and hold harmless ENIT from
any action or claim in this regard.
Should legal action be taken against ENIT, said entity may terminate the contract with a specific
declaration notified to the enterprise and will seize the deposit, without the obligation for warning
or ruling from a judicial authority and without prejudice to any action for payment of damages
suffered whenever the deposit is not sufficient to cover the damages suffered.
Art. 17 – Validity
The winning bidder will be asked for the probatory documents to confirm what he has declared at
the time of the call to tenders during the execution period as in Article 1 above. In case of failure to
render requested evidence, ENIT shall revoke the award and consequently award the contract in
favour of the enterprise ranked second, and so on in decreasing order of ranking. In this case, ENIT
shall forfeit the temporary deposit reserving its right to request any further payment for damages.
Art. 18 – Charges and costs
All charges and costs, none excluded, of the enterprises taking part in the bidding and any other
charge and costs, related or consequent, shall be exclusively borne by the said enterprises. In any
event, ENIT shall not reimburse the such charges and costs.
Art. 19 – Testing
All services are subject to testing by ENIT, according to the methods and time indicated in greater
detail in the Technical requirements.
Art. 20 – Payment and invoicing
The payment of services rendered shall take place, from time to time, upon filing of an invoice and
following testing of proper execution of the works, performed by an official of ENIT specifically
designated for this purpose. ENIT will make payment to the invoice within 60 days from the date of
receipt of said invoice.
Art. 21 – Liquidated damages
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Cases of contractual default shall be challenged in writing by the tendering entity with a letter sent
to the winning bidder, who, having received the order, is obliged to immediately remove the cause
of the default, putting in place all the acts that may be requested in this sense by the tendering
entity.
Having evaluated the nature and seriousness of the default, also regarding the proper use and
maintenance of the airdome structure, the circumstances in which the behaviour was displayed, the
measures taken to remove the cause of default, the tendering entity applies the penalty and adjusts
the amount to the degree of seriousness of the default.
In case of delay in delivery of services, a liquidated damages of 10% (ten per cent) calculated on
the overall amount of the service shall be applied for each day of delay.
In case of lack of authorizations, permits, rights and concessions necessary for the realization of the
event, a liquidated damages in relation to the degree of seriousness of the default shall be applied
and in any case at least 10% (ten per cent) of the overall amount of the service.
Should the delay prevent adequate visibility of the event and consequent poor attendance of guests
and/or public in general, ENIT shall have the right to terminate the contract and to begin an action
for payment of damages.
For all other defaults occurred during the duration of the contract, challenged and not deemed
justified, the winning bidder shall be subject, with a justified decision of ENIT, to a liquidated
damages for a maximum of 20% (twenty per cent) of the value of the service to which the default
refers.
Art. 22 – Causes for termination of contract
The contract between the parties is deemed to be terminated automatically on happening of any of
the following events:
a) in case of fraud or gross negligence in the execution of obligations and contractual conditions ;
b) failure to deliver the Bank Guarantee by the winning bidder
c) in case of transfer of business, winding up of business activity, settlement with creditors,
bankruptcy, default in payment and consequent acts of seizure and foreclosure of the winning
bidder;
d) in case of subcontracting not authorized by the Administration of ENIT;
e) lack of rendering of services to the satisfaction of ENIT;
f) in cases of judicial action against ENIT relating to the liabilities and charges arising from
property rights, from industrial applications and of other nature protected by private or other
legal protection, due to third parties in relation to supplies and services;
g) in the case of a justified testing of non compliant execution of works;
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h) lack of temporary deposits;
i) lack of compliance with the applicable laws.
ENIT reserves the right to act for compensation of losses and liquidation of damages in case of
occurrence of any of the preceding events.
Art. 23 – Inheritance – bankruptcy – transfer – transformation – demerger
In case of death of the winning bidder, if single trader enterprise, or of bankruptcy in for any other
Person ENIT may terminate the contract or enter into a fresh agreement with the heirs or
successors for the continuation of the same.
In case of bankruptcy of the contractor, the contract shall be terminated, save any right or action in
favour of the Administration. In such a case, ENIT shall reserve its right to progressively call the
persons who took part in the original tendering procedure, as shown in the relative ranking, in order
to stipulate a new contract to grant the completion of the works. A consultation is made, starting
with the person who made the best bid, up to the offeror with the fifth best bid, excluding the
original winning bidder.
The transfer of business and the deeds of merger, demerger and transformation have no effect vis-àvis
the Administration until such time as the transferee or the legal entity emerging from said
transformation, merger or demerger has not documented that he holds the requisites required and
which already existed for the transferor.
In the period of 60 (sixty) days after the notice of transfer of business, merger, demerger or
transformation, ENIT can challenge the substitution of the new legal entity with a justified formal
letter, and with consequent termination of the executed contract.
Art. 24 – Additional information
ENIT reserves its right, in its own unchallengeable opinion, to revoke and/or cancel the procedures,
tender deeds and consequent acts.
ENIT also reserves its right, for significant reasons and/or reasons of public interest, to award the
contract in the presence of a single valid bid, and also to not award the contract, regardless of the
number of bids received, to delete the award of the tender contract itself, even if definitive. Only in
this last case, all the costs incurred by the winning bidder for the execution of the service are saved.
In both possible scenarios, it is understood that ENIT will not incur any liability and/or action for
payment of damages, indemnity or compensation of any type from competitors and/or any winning
bidder.
The participation of competing enterprises in this procedure is equivalent to an acceptance of said
condition.
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Art. 25 – Personal data protection
The data, elements and every piece of information obtained during this procedure shall be used only
and exclusively for the purposes of the tender award procedure. To this end, the Administration
agrees to maintain confidentiality and guarantee absolute security of the same, even during handling
with automatic and manual systems.
Art. 26 – Request for documents and explanations
Any information and explanations may be requested in English language by electronic mail at the
following address: mumbaitender@enit.it.
It is understood that explanations and information may be requested in English language before 7
(seven) days from the date of filing of the applications to take part in the tender procedure and the
same can be consulted in the section of the ENIT website given above.
Art. 27 – Governing law and resolution of disputes
The applicable law shall be the Law of India.
In the event of any disagreement, dispute, controversy or claim arising out of, under, in connection
with or relating to this Contract or the breach, interpretation, termination or validity thereof (a
“Dispute”), the Parties (hereinafter individually the “Disputing Party” and collectively the
“Disputing Parties”) shall attempt to first resolve such Dispute through amicable settlement by the
representatives of the Disputing Parties.
If the Disputing Parties are not able to arrive at a mutually agreeable settlement of the Dispute
through such discussions within seven (7) days after one Disputing Party has served a written notice
on the other Disputing Party requesting the commencement of discussions, the Dispute shall be
finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 as in
force on the date hereof or any subsequent amendment thereof. The provisions of Part I of the
Arbitration and Conciliation Act, 1996 are expressly excluded.
All arbitration proceedings shall be conducted by INTERNATIONAL CHAMBER OF COMMERCE (the
“ICC”) in accordance with UNCITRAL RULES. The language for conducting arbitration shall be the
English language and the place of arbitration shall be in Mumbai.
The arbitration tribunal shall consist of three (3) arbitrators. ENIT shall appoint one (1) arbitrator
and Winning Enterprise shall appoint one (1) arbitrator. The two (2) arbitrators thus appointed shall
appoint the third arbitrator who shall be the presiding arbitrator.
Each Disputing Party shall co-operate in good faith to expedite (to the maximum extent practicable)
the conduct of any arbitral proceedings commenced under this Agreement.
While any Dispute under this Agreement is pending, the Disputing Parties shall continue to perform
such of their obligations under this Agreement that does not relate to the subject matter of the
Dispute, without prejudice to the final determination in accordance with the provisions under this
Article.
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The costs and expenses of the arbitration, including, the fees of the third arbitrator, shall be borne
equally by each Disputing Party. The Party which shall be rendered the arbitration in its favour
shall have the right to seek reimbursement of its own fees, disbursements and other charges of its
counsel and the arbitrators nominated by it from the other party, except as may be otherwise
determined by the arbitration tribunal. The arbitral tribunal shall have the power to award interest
on any sum awarded pursuant to the arbitration proceedings and such sum would carry interest, if
awarded, until the actual payment of such amounts.
Any award made by the arbitral tribunal shall be final and binding on each of the Parties that were
parties to the dispute.
Only the appropriate Courts in Mumbai shall have the exclusive jurisdiction to try or determine any
issue arising out of or connected with this agreement.
Art. 28 – Publication
This Call To Tender will be published on the website www.enit.it and on the Economic Times.
ROME, 5 December 2011
Dr. Valerio Scoyni
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