TERMS OF REFERENCE & INSTRUCTIONS TO BIDDERS

Request for Quotations for Test Article & Adaptation Parts for GE9X CF test

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December, 23 2016 TOR GE9x Product CF_adaptation TA_MB B

Pages 12 WSZYSTKIE PRAWA ZASTRZEŻONE! Rysunki i rozwiązania zawarte w niniejszym opracowaniu stanowią wyłączną własność LABORATORIUM BADAŃ LOTNICZYCH „POLONIAA AERO” Sp. z o.o. Żadna z części nie może być powielana, przechowywana w postaci elektronicznej ani przekazywana z żadnej formie, przy pomocy żadnych środków elektronicznych, mechanicznych, kopiowania, nagrywania itp. bez uprzedniej zgody posiadacza praw autorskich. Copyright 2012 © LABORATORIUM BADAŃ LOTNICZYCH „POLONIAA AERO” Sp. z o.o.

LABORATORIUM BADAŃ LOTNICZYCH „POLONIA AERO” Sp. z o.o.

TABLE OF CONTENTS

INSTRUCTIONS TO BIDDERS

1. PRELIMINARY INFORMATION Laboratorium Badań Napędów Lotniczych „ POLONIA AERO” Spółka z o.o. (hereinafter referred to as the Employer) a Polish company with head office located at Ksiecia Boleslawa Street 1/3, Warsaw, plans to design, build and test a model turbine in a Cold Flow Turbine Test Facility located in Zielonka, Poland, for experimental research of an advanced technology turbine design. Said cold flow turbine shall be manufactured in line with the documentation of these proceedings. These proceedings are issued under the Project COOPERNIK – „Cooperative Reasearch for Next Generation High Efficiency LP Turbine”, a Project co-financed by NCBiR, that will provide a breakthrough in high efficiency and low noise low pressure turbine for future aero engines. The subject matter of these proceedings is the procurement of the test article and adaptation parts required for the installation of the test article in the test facility. The proceedings are carried by means of a public bid procedure based on the general rules of European Community Law but not subject to Directives on the Public Procurement

1.1 Employer: The Employer in these proceedings is: Laboratorium Badań Napędów Lotniczych „ POLONIA AERO” Spółka z o.o. Address: – Ksiecia Boleslawa Street 1/3, 01-452 Warsaw, Poland.

The address for correspondence, contact with the Employer and submission of bids is:

GE Avio Srl, Address: via Primo Maggio, 99 Rivalta di Torino, 10040 (TO), Italy. For the attention of Mr. Paolo Giraudo Tel. +39 011 0084130

ToR & INSTRUCTIONS TO BIDDERS Page 3 of 12 e-mail: [email protected]

1.2 Manner of awarding the Contract: These tender proceedings are being carried out in the form of request for quotations. The purchase order shall be awarded based on the best economical quotation among the technically approved bids.

1.3 Course of procedures: The Employer sets out the following course of tender proceedings: 1. Publication of the tender announcement on the Employer's website http://poloniaaero.avioaero.com/ and in the Employer's office, 2. Sending individual invitations to participate to at least three Contractors, 3. Submission of bids by interested Contractors, 4. Appraisal of bids by the Employer.

Note: bids submitted by Contractors who had not been individually invited to participate and bids submitted by invited Contractors will be treated on equal basis.

1.4 Additional information: The Employer shall not be held liable for consequences associated to lack of receipt of clarifications or modifications made to the text of documents containing the Terms of Reference (ToR) by a Contractor. By uploading a Bid Cancellation Notice on his website the Employer reserves the right to cancel either part or the whole bid prior of the date of awarding the Contract. Such bid cancellation shall not give the Contractor the right to claim any damage, expenses, loss of profit or any other type of refund whatsoever. The documents forming the Bid are to be taken as mutually explanatory of one another. For the purposes of interpretation, the priority of the documents shall be in accordance with the following sequence:

1. the present Purchase Order 2. the GE Avio Srl General Terms And Conditions of Purchase I64 June 30, 2014 Edition. 3. these ToR (instructions to bidders).

All costs associated with the preparation and submission of the bid shall be borne by the Contractor. The Contractor may request clarifications to the ToR from the Employer. Such request shall be send by an e-mail not later than 5 calendar days since publication of this ToR. The Employer will e-mail the requested clarifications as soon as possible, however not later than 3 days before the deadline for the submission of bids. The Employer shall publish the text of clarifications on Employer’s website http://poloniaaero.avioaero.com/ without disclosing the source of the request for clarification. The Employer in justified cases may change the text of the ToR prior to the lapse of the deadline for the submission of bids. Changes to the specifications made by the Employer LABORATORIUM BADAŃ LOTNICZYCH „POLONIA AERO” Sp. z o.o.

shall be published on Employer’s website http://poloniaaero.avioaero.com/. Such supplementations will be binding of all Contractors. Proceedings are being conducted in English therefore all representations, notifications, requests bids, etc. must be submitted in English. The Employer and Contractors shall forward representations, motions, notifications and other information in writing as specified below. The correspondence shall be held by e-mail to the e-mail address indicated in this section. The person authorized to have direct contact, for technical aspects and clarifications, with Contractors is:

Full name: Giovanni Lodigiani Tel. +39 0110084610 E-mail: [email protected]

2. SCOPE OF SUPPLY (THE WORKS) The subject of this bid is defined in Employer Document 071215_GE9X_Product_CF_tagged.PPTX Rev. 0 dated 07/12/2015 and requires the supply of parts relevant to the Test Article and its adaptation to the test facility. Part numbers and items description is included in above document..

The duties of the Contractor include in particular: 1) manufacturing and ex-works delivery of all part numbers, included applicable documentation, accepatance test results, material certificates, etc. as indicated in above document.

Reference drawings related to procurement of above items are filed in a restricted area of Polonia Aero website (http://poloniaaero.avioaero.com/). To have access to restricted documentation Bidders will receive credentials (user and password) by the Employer, therefore Bidders, who have intention to compete, must request credential to the Employer. The duties of the Contractor include in particular: 1) Design and manufacturing and DDP delivery of all part numbers, included any documentation, tests, material certificates, etc. as indicated in above document.

3. SCOPE OF SUPPLY The required delivery date, contractor factory ex-works basis is as follow: September 30 th, 2016.

ToR & INSTRUCTIONS TO BIDDERS Page 5 of 12 4. WARRANTY AND SERVICE TERMS As per Employer’s requirement (as applicable).

5. CONDITIONS FOR PARTICIPATION IN PROCEEDINGS Only Contractors that meet the following conditions may participate in proceedings associated with the awarding of the contract:

1) have appropriate knowledge and experience, i.e. are able to demonstrate they have manufactured similar parts with same materials, over the last two years;

2) Neither the Contractor nor anyone of his employees are registered in the black lists for persons or companies or any other entities linked to crimes of terrorism or subversion of the public order. Said lists are available on the following web sites:  http://ec.europa.eu/external_relations/cfsp/sanctions/consol-list_en.htm  http://www.treas.gov/offices/enforcement/ofac/sdn  http://www.un.org/sc/committees/1267/consolist.shtml

6. LIST OF REPRESENTATIONS AND DOCUMENTS The Employer requests that the following representations and documents be presented in order to demonstrate the meeting of conditions for participation in proceedings: 1) statement of the Contractor on the meeting of conditions for participation in proceedings (Schedule No. 2); 2) list of parts manufactured similar to the ones subjects of present bid already manufactured (in the last two years), to the extent necessary to demonstrate the meeting of the condition concerning knowledge and experience, detailing the description and date of manufacturing as well as attaching a document certifying that works were carried out in accordance with the rules of the trade and properly completed (Schedule No. 3); 3) Declaration by the Contractor stating that neither the Contractor nor anyone of his Sub-contractors are registered in the black lists for persons or companies or any other entities linked to crimes of terrorism or subversion of the public order (ref. § 5.2 ToR) 4) The GEAvio Code Of Conduct stamped and signed in every page for unconditional acceptance 5) The GE Avio I64 General Terms and Conditions stamped and signed in every page for unconditional acceptance 6) Mutual NDA stamped and signed in every page for unconditional acceptance LABORATORIUM BADAŃ LOTNICZYCH „POLONIA AERO” Sp. z o.o.

7. JOINT BIDS

Not Applicable

8. METHOD OF PREPARING BIDS 1. It is recommended that all documents constituting the filing be bound (stapled). 2. The bids shall contain a table of contents including the number of pages constituting the filing. 3. The filing as well as all representations and warranties submitted during the course of proceedings are confidential. 4. The filing shall be prepared in English or in Italian using a typewriter, computer, by hand in a legible manner using a pen or permanent ink. Bids prepared in a language other than English or Italian as well as illegible bids will be rejected. 5. The filing together with all attachments and documents must be signed by persons authorized to represent the Contractor. 6. It is recommended that all signed pages of the filing be numbered and signed. Any changes to the bid should be made in a legible and unambiguous manner as to their content. Changes should be dated and initialled by persons authorised to submit the filing. 7. The bids shall be submitted in one main envelope making it impossible to read its contents without the removal of such packaging. The package must be addressed to the Employer and contain the text: [Bid in proceedings for the awarding of Services for:] [Test Article & Adaptation Parts] [Do not open before 2016-01-18 at 23:59] 8. The bids main envelope must contain 2 (two) other sealed envelopes containing: a. the first one (clearly marked “Administrative Documentation”) must contain all documents listed at paragraph 6. of these ToR, and b. the second one (clearly marked ”Economical Documentation”) must contain the economical proposal. 9. The Contractor may make amendments or withdraw his filing prior to the deadline for submission of filings. In case of withdrawal the Contractor shall submit a written request for withdrawal in a sealed envelope marked in accordance with § 8.7 ToR and with the inscription [Withdrawal] whereas, in case of a change to the filing, the Contractor shall submit a written statement stating that he changes his filing and include a description of the scope and nature of such changes and, if the representation for a change results in the need to replace or present new documents – the Contractor shall attach such to the representation. The above representation and, if applicable, documents shall be placed in a sealed envelope marked in accordance with § 8.7 ToR and with the inscription [Amendment]. The Contractor may not make changes to his bid or withdraw the bid after the lapse of the deadline for submission of bids.

ToR & INSTRUCTIONS TO BIDDERS Page 7 of 12 10. Bidder are allowed to submit partial quotations, but preference to award the bid will be given to competitors bidding for the whole of the works. Moreover we have to highlight that due date is mandatory, and for this reason Employer will have the possibility to share the manufacturing of the parts among more than one Bidder. 11. A Contractor may only submit one filing. The submission of more than one filing by a Contractor will result in the rejection of all filings submitted by such Contractor. 12. Pursuant to these Instructions, a complete filing shall include: a. Single prices for each part number and total price for execution of parts; b. Invoicing and Payment terms as follows: (i) for each parts, invoice issued after the receiving at acceptance at GE AVIO premises (ii) (ii) payment shall be made in 30 days from the receipt of the invoice end of month.

9. VISIT TO THE SITE Not Applicable.

10. METHOD OF CALCULATING THE BID PRICE 1. The price contained in the bid shall be a lump sum price for all costs associated with execution of parts. 2. The price shall be denominated in Euro, which will be the currency of the contract. 3. The stated price shall remain valid during the entire validity period of the bid as well as during the performance of the Contract concluded as the result of these proceedings.

11. PLACE AND DEADLINE FOR THE SUBMISSION AND OPENING OF BIDS 1. The bids have to be submitted to the Employer’s office indicated in § 1.1 ToR, not later than 18/01/2016 2. The date of submission of the bid shall be considered the time it is received in the place indicated in § 1. 3. Bids submitted after the deadline shall be returned by the Employer without being opened.

12. VALIDITY PERIOD OF BIDS 1. The Contractors shall be bound by their bids for a period of 120 days. 2. The period of bids validity begins upon the lapse of the deadline for the submission of the bids. LABORATORIUM BADAŃ LOTNICZYCH „POLONIA AERO” Sp. z o.o.

13. BID EVALUATION CRITERIA After the evaluation and the approval of Administrative Documentation, the bids of Competitors with Administrative Documentation approved only will be considered, and relevant Economic Documentation envelope opened. The economic evaluation criterion of the bids is: best price, but the delivery dates must be met as well.

In case the prices quoted or the delivery date indicated by the potential Contractors do not match the Employer’s expectations there might be one overbid asking the potential Contractors to propose a discount or more suitable lead times conditions in a sealed envelope. The envelopes shall be opened at the same time and the potential Contractors offering the best prices and lead times will be awarded with the Purchase Order. Moreover the Employer reserves the right to call for a partial overbid, i.e. on a part of listed and quoted items only.

14. REJECTION OF BIDS 1. The Employer shall reject a bid if:  the content of the bid is does not comply with the text of the ToR,  the submission of the bid constitutes an act of unfair competition as defined by the provisions of the Act on combating unfair competition,  the offer is invalid on the basis of separate legal provisions, 2. The Employer shall inform all the Contractors whose bids have been rejected.

15. CANCELLATION OF PROCEEDINGS 1. The Employer shall cancel the proceedings if: a. no bid that is not subject to rejection is submitted, b. the price of the most favorable bid exceeds the amount that the Employer may designate towards the financing of the parts, 2. The Employer reserves the right to unilaterally cancel the proceedings. 3. If the proceedings are cancelled no claims for a refund of costs associated with participation in the proceedings, in particular costs associated with preparation of the bid, may be put forward by the Contractors.

16. FINANCING This project is co-financed by National Center for the Research and Development and European Union founds in the framework of European Regional Development Fund

17. CONCLUSION OF THE CONTRACT 1. The Contract will be concluded with the Contractor whose bid has been deemed the most favorable at a time and place indicated in the notification of the results of proceedings however no later than the lapse of the validity period of the bid. 2. The Employer shall inform the selected Contractor of the place and precise time of the signing of the Contract.

ToR & INSTRUCTIONS TO BIDDERS Page 9 of 12 3. If the Contractor whose bid has been selected shall avoid the signing of the Contract then the Employer shall, unless circumstances for annulment of proceedings take place, select the next best offer from the remaining offers without the need of carrying out a new evaluation.

18. SCHEDULES Schedule No. 1 Not applicable Schedule No. 2 Representation of Contractor on meeting conditions for participation in proceedings. Schedule No. 3 List of carried out orders and List of Person that will participate in the performance of the order Schedule No. 4 Not applicable Schedule No. 5 Not applicable Schedule No. 6 Not applicable LABORATORIUM BADAŃ LOTNICZYCH „POLONIA AERO” Sp. z o.o.

Schedule No. 2

Representation of Contractor on meeting conditions for participation in proceedings

I (We) do hereby represent that I (we) are able to apply for the contract and in particular: 1. I (we) hold authorizations to conduct given activities or actions if provisions of law require the need to hold such authorizations, 1. I (we) have appropriate knowledge and experience, 2. I (we) have appropriate technical and human resources to carry out the order, 3. I (we) are in a financial and economic situation ensuring the performance of the contract.

location and date Personal stamp and signature of Contractor’s representative(s)

ToR & INSTRUCTIONS TO BIDDERS Page 11 of 12 Schedule No. 3 LIST OF CARRIED OUT ORDERS List of similar services carried out in the last two years (ref. §5.1 ToR)

Clients Names Date of No. Type of part Part material Company name and address execution 1 2 3 4 5 6 7 8

I (We) do hereby attach the following documents confirming the proper performance of the above contracts:

location and date Personal stamp and signature of Contractor’s representative(s)