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CALL TO TENDER - Enit

CALL TO TENDER - Enit

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When making the bid, the winning bidder is immediately obliged vis-à-vis ENIT to provide the<br />

services with the methods and within the terms of the same and also as provided in the documents<br />

of the tender.<br />

ENIT considers itself bound only after having executed the tender contract in the form of a private<br />

deed which governs the relationship regarding the execution of the appointment that is the object of<br />

this call to tenders.<br />

Art. 9 - Guarantee for the execution of the contract – bank guarantee<br />

The winning bidder of the contract, as a guarantee to the exact fulfilment of the contractual<br />

obligations, shall provide a Bank Guarantee, which shall be acceptable to ENIT, and shall be equal<br />

to 10 per cent of the contractual amount where the bid is awarded to the winning bidder at a price<br />

equivalent up to 10% reduction of the bid amount as stated in the tender notice (bid amount). If the<br />

bid is awarded with a reduction of more than 10 per cent of the bid amount, then the winning bidder<br />

shall provide a bank guarantee with balance of the decreased amount. For Example, if the winning<br />

bidder has quoted a bid for 8.5 crores ( assuming that the bid price is 10 crores) then he has to<br />

provide a bank guarantee of 1.5 crores.<br />

Further, if the bid is awarded with a reduction of more than 20 per cent of the bid amount, then the<br />

winning bidder shall provide a Bank Guarantee of 20 per cent i.e., 2 crores ( assuming that the bid<br />

price is 10 crores) and the further reduction of more than 20 per cent by the winning bidder will<br />

amount to increase of two percentages in the bank guarantee for each point of reduction. For<br />

Example, if the winning bidder quoted a bid for 7.9 crores then he has to provide a bank guarantee<br />

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<br />

crores.<br />

The Winning Bidder shall submit the Bank Guarantee as a condition precedent to the execution of<br />

the contract. If the winning bidder fails to provide the bank guarantee at the time of awarding the<br />

bid, then ENIT may at its sole discretion, without serving a notice to the winning bidder, cancel the<br />

bid awarded to the winning bidder. Further, ENIT may forfeit the temporary deposit provided by<br />

the winning bidder and may award the contract or the concession to the next bidder in the ranking<br />

as detailed in Art. 17 (Validity).<br />

The temporary deposit shall remain valid for at least 180 (one hundred and eighty) days from the<br />

date the bid is made.<br />

Art. 10 – Execution of the contract<br />

The tender contract shall be effective after the execution the contracts by both the parties.<br />

The contract will not be executed with a mere communication of the award of the contract, which<br />

ENIT will notify to the enterprise who has won the bid by registered mail. Said communication will<br />

not constitute an acceptance of the bid but merely an assumption to be able to execute the contract,<br />

which will remain subject to the compliance by the winning bidder of the laws and conditions fixed<br />

in the tender documents.<br />

9

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