CALL TO TENDER - Enit

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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