Food and Veterinary Service

Annex 1 to Minutes No. 2 of procurement procedure No PVD 2013/04/AK

Open Competition

Acquisition of classical swine fever vaccines to ensure wild boar vaccination in 2013 and 2014

Procurement identification number PVD 2013/04/AK

Riga 2013 Table of Contents

2 1. General Information

1.1. Procurement identification number: PVD 2013/04/AK

1.2. Commissioning party: Food and Veterinary Service of the Republic of Latvia Peldu iela 30, Riga, LV-1050, VAT registration No. LV 90000064301 Account No. (IBAN): LV31TREL2160324011000 Bank: The Treasury BIC: TRELLV22

Contacts of the commissioning party: In matters relating to the technical specification of the procurement subject matter: Deputy Director of the FVS Veterinary Surveillance Department Edvīns Oļševskis Office 305, Peldu iela 30, Riga, LV-1050 Telephone: 67095240 E-mail: [email protected]

In matters relating to the procurement procedure: Deputy Head (on legal matters) of the FVS Division of Material Resources Inga Kaļinovska Office 117, Peldu iela 30, Riga, LV-1050 Telephone: 67027598 E-mail: [email protected]

1.3. CPV code of the procurement subject matter: Acquisition of classical swine fever vaccines to ensure wild boar vaccination in 2013 and 2014 (CPV code 33651690-1).

1.4. Place, date and time of submission of tenders: 1.4.1. Tenders shall be submitted to Office 117, Peldu iela 30, Riga, no later than 2nd of September 2013, from 9:00 hours to 17:00 hours on weekdays (by 13:00 hours on 2nd of September 2013), either in person or by post (a tender forwarded by post shall be considered to be submitted on time if delivered to Office 117, Peldu iela 30, Riga by 13:00 hours on 2nd of September 2013). 1.4.2. The meeting to open the tenders shall be held at 13:00 hours on 2nd of September 2013, in the first floor conference room at Peldu iela 30, Riga. 1.4.3. Tenders that are not submitted in accordance with the prescribed procedures or are received after the specified due date will not be reviewed and shall be returned to the submitting entity unopened. 1.4.4. An applicant may amend or withdraw a tender submitted before the expiration of the tender submission period. Applicants must ensure that amendments or withdrawals of tenders are submitted in writing by the end of the tender submission period in a sealed envelope. Such an envelope must state either “Amendments” or “Withdrawal”, in addition to the information specified in paragraph 1.5.2 of these Regulations.

1.5. Tender presentation and submission requirements: 1.5.1. Each applicant shall submit a bound (sewn through with string using technical means so that the documents cannot be separated, whereby the string used to bind the final page shall be secured by gluing on a piece of paper on which the number of the bound pages is stated, confirmed by the signature of an authorised representative of the applicant) tender

3 (one copy: the original) consisting of the following items: 1.5.1.1. applicant selection documents; 1.5.1.2. technical tender; 1.5.1.3. financial tender. 1.5.2. Tenders shall be submitted in a sealed envelope or closed packaging, on which the following must be provided: - name and address of the commissioning party; - name and address of the applicant; - a note stating “‘Acquisition of classical swine fever vaccines to ensure wild boar vaccination in 2013 and 2014”, No. PVD 2013/04/AK. Do not open before 13:00 hours on 2nd of September 2013’. 1.5.3. These Regulations have been drawn up in Latvian and English. Applicants may prepare and submit a tender in either English or Latvian. In the event of any conflict, the Latvian- language version of the Regulations shall prevail. 1.5.4. The documents must be numbered and correspond to the supplied table of contents. 1.5.5. The documents included in a tender must be clearly legible, words and figures must contain no insertions or corrections. 1.5.6. Where an applicant encloses translated documents to the tender, the applicant shall certify the correctness of such a translation itself by adding a certification statement, which must include the following:  a note stating “TRANSLATION IS CORRECT”;  the full professional title of the official certifying the document derivative (including the full name of the entity), personal signature a transcription thereof;  the place of certification;  the date of certification. 1.5.7. Applicants shall submit a tender signed by the applicant’s representative. Where the tender is signed by a person who represents the applicant on the basis of a power of attorney, the power of attorney authorising such representation shall be attached. If the tender is submitted by a group of persons, the tender shall be signed by all the persons belonging to the said group of persons. 1.5.8. If the tender is submitted by a group of persons or a general partnership, the tender shall additionally state the person who represents the said group of persons or general partnership and the distribution of the liability of each person. 1.5.9. Where an applicant submits document copies, the applicant itself shall certify the accuracy of each document copy by a certification note, which must include the following:  a note stating “COPY IS CORRECT”;  the full professional title of the official certifying the document derivative (including the full name of the entity), personal signature a transcription thereof;  the place of certification;  the date of certification. 1.5.10. Should the commission have any doubts regarding the authenticity of a document copy submitted, it is entitled to require the applicant to present the original document or submit a notarised copy of the document. 1.5.11. The submitted tenders, except for in the instance referred to in paragraph 1.4.3 of the Regulations, shall be property of the commissioning party and will not be returned to the applicants.

2. Information regarding the procurement subject matter 2.1 Description of the procurement subject matter: 2.1.1. The subject matter of the procurement shall be a vaccine for classical swine fever that is intended for the vaccination of wild boar against classical swine fever: to supply the autumn 2013 campaign and the year 2014, in accordance with the requirements included in the technical specification (Annex 2).

4 2.1.2. An applicant may not submit variant tenders. 2.1.3. The subject matter of the procurement is not divided into lots.

3. Content of a tender 3.1. Requirements regarding the applicant’s qualifications: 3.1.1. The commissioning party shall exclude an applicant from further participation in the procurement procedure, as well as shall not review the tender of an applicant in any of the following cases: 2.1.1.1. pursuant to a court judgment or a public prosecutor’s injunction regarding a punishment that has come into effect and is no longer subject to contestation or appeal, the applicant or a person who has the right of representation of the applicant or decision-making or supervision authority with respect to the said applicant has been found guilty of committing a criminal offence involving the evasion of taxes or equivalent payments, a criminal offence of a corruptive nature, fraudulent activities in the field of finance, legalising illegally acquired resources or participation in a criminal organisation; 2.1.1.2. pursuant to a court judgment or a decision of another competent authority that has come into effect and is no longer subject to contestation or appeal, the applicant has been found guilty of a significant violation of employment law that takes the following form: 2.1.1.2.1. employing one or more citizens or subjects of countries, who are not citizens or nationals of the Member States of the European Union, if they reside illegally within the territory of European Union Member States; 2.1.1.2.2. employing a person without concluding a written employment contract, if such employment is detected more than once within one year, or simultaneously employing two or more persons without concluding a written employment contract; 2.1.1.3. pursuant to a court judgment or a decision of another competent authority that has come into effect and is no longer subject to contestation or appeal, the applicant has been found guilty of a violation of competition law, which takes the form of a vertical agreement with the purpose of restricting a buyer’s ability to determine the resale price, or a horizontal cartel agreement, except in a case where the relevant authority, having detected the violation of competition law, has exempted the applicant from a fine. 2.1.1.4. the applicant has been declared insolvent, the applicant’s economic activity has been suspended or discontinued, legal proceedings have been initiated regarding the applicant’s bankruptcy, or it has been found that the applicant will have undergone liquidation by the proposed final date of execution of the contract; 2.1.1.5. the applicant has tax debts, including debts of compulsory state social insurance contributions, in Latvia and in the country of its registration or permanent residence (if not registered or domiciled in Latvia), exceeding the sum total of 100 LVL in each country; 2.1.1.6. the applicant has provided false information for the evaluation of its qualifications or has failed to provide the requested information altogether; 2.1.1.7. the conditions referred to in paragraph 3.1.1 of these Regulations shall be attributable to a sub-contractor, nominated by the applicant, the value of the works or services performed by whom amounts to at least 20 per cent of the total value of the procurement contract; to a member of a general partnership where the applicant is a general partnership; and to a person named by the applicant, on whose capacities the applicant relies to certify that its qualifications meet the requirements specified in the notice of the contract or the documents of the procurement procedure. 3.1.2. An applicant must be registered according to the procedures prescribed by regulatory enactments. In order to certify the above fact, the applicant shall submit the documentation specified in paragraph 3.2.2. 3.1.3. An applicant must hold a permit (licence) to engage in the relevant type of business activity. In order to certify the above fact, the applicant shall submit the documentation

5 specified in paragraph 3.2.3 or 3.2.4.

3.2. An applicant shall submit the following selection documents: 3.2.1. Application to participate in the negotiated procedure that contains a confirmation that the circumstances referred to in Section 39, Paragraph one, Clauses 1, 2, 3, 4, 5 and 10 of the Public Procurement Law do not apply to the applicant (Annex 1). 3.2.2. Copy of a registration certificate issued by the Enterprise Register of the Republic of Latvia or an equivalent commercial registration authority of another country or a printout from the database of the competent authority certifying that the applicant has been registered according to the statutory procedures. 3.2.3. Copy of a special permit (licence) to operate as a wholesaler of veterinary medicines, issued in the Republic of Latvia based on Section 25 of the Pharmaceutical Law. 3.2.4. An applicant that has a special permit (licence) entitling it to the wholesale or manufacturing of medicines, issued in a Member State of the European Union or a country of the European Economic Area shall submit a copy of that permit (licence). When submitting the documentation referred to in this paragraph, an applicant is not required to submit the documentation referred to in paragraph 3.2.3. 3.2.5. Documents attesting that the circumstances referred to in paragraphs 3.1.1.1, 3.1.1.2 and 3.1.1.3 of the Regulations do not apply to the applicant. See also paragraph 3.3.10.

3.3. The procurement commission is entitled to request the additional information specified below: 3.3.1. A statement issued by a competent authority, no more than one (1) month before the submission thereof, confirming that the applicant has not been declared insolvent and that it is not undergoing liquidation. 3.3.2. For applicants registered in Latvia: a statement issued by the State Revenue Service or a local government in Latvia, no more than one (1) month before the submission thereof, confirming that the applicant has no tax arrears in Latvia, including outstanding compulsory state social insurance contributions, exceeding the sum total of LVL 100.00. 3.3.3. For an applicant registered in a foreign country: a statement issued no more than one (1) month before the submission thereof, confirming that an applicant registered (domiciled) in a foreign country has no tax arrears in that country, including outstanding compulsory state social insurance contributions, exceeding the sum total of LVL 100.00. 3.3.4. The statements/certifications referred to in paragraphs 3.3.1, 3.3.2 and 3.3.3 shall only be requested from the applicant that in accordance with the notice of contract or the procurement procedure documentation and the chosen procurement selection criterion, would be awarded the right to enter into a contract. 3.3.5. The documentation referred to in paragraphs 3.3.1, 3.3.2 and 3.3.3 shall be submitted within ten (10) working days from the receipt of a request from the commissioning party. 3.3.6. Where the applicant that would be awarded the right to enter into a contract fails to submit the requested documentation within the period prescribed in paragraph 3.3.5 of these Regulations, the commissioning party shall exclude such an applicant from participation in the procurement procedure. 3.3.7. An applicant may submit the statements/certifications referred to in paragraphs 3.3.1, 3.3.2 and 3.3.3 together with other applicant selection documents. 3.3.8. The requirements specified in paragraphs 3.2.5, 3.3.1, 3.3.2 and 3.3.3 shall also be applied to persons (members of a group of persons or a general partnership) nominated by the applicant on whose capabilities the applicant relies. 3.3.9. The statements/certifications referred to in paragraphs 3.2.5, 3.3.1, 3.3.2 and 3.3.3 shall only be requested where the relevant information cannot be accessed in public databases or online within the information systems overseen by the respective competent authorities. 3.3.10. If documents whereby a supplier can attest that the circumstances referred to in paragraph

6 3.1.1 of these Regulations do not apply to itself or to the persons referred to in paragraph 3.1.1.7 of these Regulations are not issued, or if such documents are insufficient to certify that the circumstances referred to in paragraph 3.1.1 of these Regulations do not apply to itself or to the persons referred to in paragraph 3.1.1.7 of these Regulations, the said documents may be substituted by an oath or, if giving an oath is not provided for in the laws and regulations of the respective country: by a certification of the supplier itself or the person referred to in paragraph 3.1.1.7 of these Regulations to a competent authority of the executive or judicial branch, a sworn notary or a competent body of the respective industry in the country of their registration (domicile).

3.4. Technical tender: The technical tender shall be drawn up in accordance with the technical specification form included in Annex 2 to these Regulations.

3.5. Financial tender and the tender selection criterion: 3.5.1. Applicants shall submit a financial tender in accordance with Annex 3 to these Regulations. 3.5.2. A procurement contract shall be entered into with the applicant whose tender meets the requirements defined by the Regulations and whose price excluding VAT per dose of the vaccine is the lowest. 3.6. Applicants shall be aware that any condition included in the tender that contradicts the Regulations or does not comply with the provisions thereof may serve as grounds for the tender to be rejected, and that only the information included in a tender shall be used to evaluate the tenders.

4. Procedures for the assessment of tenders: 4.1. The procurement commission shall evaluate tenders in accordance with the following procedures: 4.1.1. the commission shall evaluate the tenders and determine the winner in the procurement in a closed meeting of the commission; 4.1.2. the presentation of the tenders shall be evaluated first in accordance with the requirements specified in paragraph 1.5 of the Regulations. Where the presentation of a tender does not meet the requirements of these Regulations, the procurement commission is entitled to exclude the applicant from subsequent participation in the competition and to not review the tender submitted by the applicant; 4.1.3. the commission shall continue the evaluation with applicant selection, during which it shall evaluate the applicants’ qualifications based on the selection documentation that has been submitted; 4.1.4. where an applicant has failed to submit the selection documents required by the Regulations for the assessment of its qualifications or has failed to submit the required information altogether, and if the documents do not meet the requirements of these Regulations, such an applicant shall be excluded from subsequent participation in the procurement and the applicant’s tender shall not be reviewed; 4.1.5. where the commission has reason to question an applicant’s status, it is entitled to request, at any time, a confirmation from an applicant that it has passed the verification of qualifications that the applicant’s qualifications still meet the requirements prescribed by the Regulations. Should the commission have any doubts regarding the authenticity of a document copy submitted, it shall require the applicant to present the original document or submit a certified copy of the document; 4.1.6. in commencing the evaluation of applicants’ tenders, the commission shall assess the compliance of the technical tenders submitted with the requirements specified in

7 the Regulations and their conformity to the technical specification; 4.1.7. where an applicant’s technical tender does not meet the requirements established by the commissioning party, the applicant’s tender shall not be evaluated further; 4.1.8. where an applicant’s technical tender meets the requirements, the commission shall evaluate the financial tender and shall select the applicant whose proposed price meets the tender selection criterion indicated in paragraph 3.5.2 of these Regulations as the winner; 4.1.9. during the evaluation of financial tenders, the commissioning party shall check the tenders for arithmetical errors. Where the commissioning party detects such errors, it shall correct them. The commissioning party shall notify the applicant regarding the correction of the errors and the adjusted tender amount. In evaluating financial tenders, the commissioning party shall take any corrections into account; 4.1.10. where it is found while evaluating the applicants’ financial tenders that two or more applicants have equivalent price offers, pursuant to the provisions of Section 46, Paragraph four of the Public Procurement Law, the commissioning party shall select the tender submitted by the applicant that employs at least 20 inmates at places of imprisonment; 4.1.11. where it is established during the evaluation of the applicants’ financial tenders that two or more applicants have equivalent price offers and the commissioning party finds that both or more applicants meet the selection criterion referred to in paragraph 4.1.10, or where the commissioning party does not find that any of the said applicants meets the applicant selection criterion referred to in paragraph 4.1.10, the commissioning party shall select an applicant based on the time of registration of the submission of the tender: i.e., the applicant that has submitted the tender earlier shall be declared the winner; 4.1.12. the applicant awarded the right to enter into a contract shall be required to provide the additional documentation specified in paragraphs 3.3.1, 3.3.2 and 3.3.3, unless the applicant has already submitted such documentation with the tender and the commissioning party is unable to obtain it from public databases; 4.1.13. if the additional documentation submitted by the applicant confirms the applicant’s compliance with the qualification requirements in accordance with the conditions included in paragraph 3.1 of these Regulations, the applicant that has submitted the additional documentation shall be awarded the right to enter into a contract; 4.1.14. if it is found that the submitted documentation does not confirm the applicant’s compliance with the qualification requirements in accordance with the conditions included in paragraph 3.1 of these Regulations, the applicant shall be excluded from the procurement, and the right to enter into a contract shall be awarded to the applicant with the next lowest price offer that meets the requirements of the procurement. Such an applicant shall be subject to the applicant selection procedures referred to in paragraphs 4.1.12 and 4.1.13.

5. Procurement contract 5.1. A draft procurement contract has been included in Annex 4 to the Regulations. The annexes referred to in the procurement contract shall be drawn up on the basis of the Regulations of the competition, the annexes thereof and the tender submitted by the applicant that has been declared the winner. 5.2. The commissioning party shall enter into a procurement contract no earlier than on the next working day following a waiting period, which shall be 5.2.1. ten days: where the information regarding the decision adopted has been forwarded to all applicants by fax or electronically using a secure digital signature, or issued in person; 5.2.2. fifteen days: where the information regarding the decision adopted has been forwarded by post to at least one applicant. 5.3. The procurement contract shall be concluded for the period from 2013 to 2014 (inclusive).

8 5.4. The procurement contract shall provide that a separate agreement shall be concluded for the transfer of each vaccine, specifying delivery dates and the necessary quantities of vaccines.

6. Rights and obligations of the procurement commission 6.1. Rights of the procurement commission: 6.1.1. To request that an applicant clarify the information included in its tender. The commission is entitled to verify the necessary information with a competent institution, in publicly available databases or other public sources. 6.1.2. To correct arithmetical errors in the financial tenders of the applicants, informing the applicants thereof. 6.1.3. To engage an expert in the selection of applicants and conformity verification and assessment of the tenders. 6.1.4. To select the tender at the next lowest price if the selected applicant waives the right to conclude a procurement contract with the Commissioning Party or in the instance described in paragraph 3.3.6. 6.1.5. To decide on leaving the documents filed without review where they do not meet the requirements of these Regulations or regulatory enactments. 6.1.6. To take a decision determining the winning applicants in the competition, take a decision to enter into a procurement contract or to terminate the competition without selecting any tender.

6.2. Obligations of the procurement commission: 6.2.1. To ensure the progress and documentation of the procurement. 6.2.2. To ensure free competition among the applicants, as well as the equal and fair treatment of them. 6.2.3. To provide information on the Regulations at the request of the interested suppliers according to the procedures prescribed by the regulatory enactments. 6.2.4. To evaluate the applicants and the tenders submitted by them in accordance with the Public Procurement Law, other regulatory enactments and these Regulations, to select a tender or adopt a decision regarding the termination of the procurement without selecting any tender. 6.2.5. To make information available on the FVS website, www.pvd.gov.lv under the section “Procurements and auctions” if these Regulations are amended or explanations are provided regarding the subject matter of the procurement.

7. Rights and obligations of applicants 7.1. Rights of an applicant: 7.1.1. To form a group with other applicants and to submit a joint tender. 7.1.2. To amend or withdraw a tender submitted before the expiration of the tender submission period.

7.2. Obligations of an applicant: 7.2.1. To prepare a tender in accordance with the requirements of these Regulations. 7.2.2. To provide accurate information regarding its tender. 7.2.3. To reply to requests for additional information by the procurement commission that is necessary for the evaluation of applicant selection, conformity verification and verification or comparison of the tenders. 7.2.4. To cover all costs associated with the preparation and submission of the tender. 7.2.5. In view of the fact that the commissioning party provides free and direct digital access to the procurement documentation, applicants have the duty to follow information on the process of the procurement on the FVS website, www.pvd.gov.lv, 9 under the section “Procurement and auctions”, until the end of the tender submission period.

10 Annex 1 to the Regulations of open competition No. PVD 2013/04/AK

APPLICATION

Applicant (name):______Registration No.: ______Legal address: ______Address to which correspondence relating to the procurement is to be forwarded: ______Tel.: ______; Fax: ______; E-mail:______Position, name, surname, telephone of a contact person: ______Bank details: ______duly represented by its director (chief executive, chairperson of the board) with signatory powers ______(name, surname) ______, by submitting this Application does hereby apply for participation in open competition No. PVD 2013/04/AK “Acquisition of classical swine fever vaccines to ensure wild boar vaccination in 2013 and 2014”, agrees to all the terms and conditions of the Regulations, undertakes to comply with and fulfil all the requirements thereof and

confirms that the following is the case: 1. pursuant to a court judgment or a public prosecutor’s injunction regarding a punishment that has come into effect and is no longer subject to contestation or appeal, the applicant or a person who has the right of representation of the applicant or decision-making or supervision authority with respect to the said applicant has not been found guilty of committing a criminal offence involving the evasion of taxes or equivalent payments, a criminal offence of a corruptive nature, fraudulent activities in the field of finance, legalising illegally acquired resources or participation in a criminal organisation; 2. pursuant to a court judgment or a decision of another competent authority that has come into effect and is no longer subject to contestation or appeal, the applicant has not been found guilty of a significant violation of employment law that takes the following form: a. employing one or more citizens or subjects of countries, who are not citizens or nationals of the Member States of the European Union, if they reside illegally within the territory of the European Union; b. employing a person without concluding a written employment contract, if such employment is detected more than once within one year, or simultaneously employing two or more persons without concluding a written employment contract; 3. pursuant to a court judgment or a decision of another competent authority that has come into effect and is no longer subject to contestation or appeal, the applicant has not been found guilty of a violation of competition law, which takes the form of a vertical agreement with the purpose of restricting a buyer’s ability to determine the resale price, or a horizontal cartel agreement, except in a case where the relevant authority, having detected the violation of competition law, has exempted the applicant from a fine; 4. the applicant has not been declared insolvent, the applicant’s economic activity has not been suspended or discontinued, no legal proceedings have been initiated regarding the applicant’s bankruptcy, and the applicant will not have undergone liquidation by the proposed final date of the performance of the contract; 5. the applicant has no tax debts, including debts of compulsory state social insurance contributions, either in Latvia or in the country of its registration or permanent residence (if not registered or domiciled in Latvia), exceeding the sum total of 100 LVL in each country; 6. the applicant has provided accurate information for the evaluation of its qualifications, and the applicant has authority to sign.

______(date) ______(position) (signature) (signature transcribed) 11 Annex 2 to the Regulations of open competition No PVD 2013/04/AK

Technical specification

Item Product Quantity Justification Description Applicant’s offer* No name 1 Biologic 360 000 Commission 1.1. Vaccine . als: doses Decision vaccine 2013/90/EU 2.1.1.intended for the oral vaccination of wild boar against against (90 000 (18.02.2013); classical swine fever; classical doses in Order No 21 of 3.1.1.registered in the veterinary medicines register of a swine 2013; the Chief State European Union Member State; fever for 270 000 Food and 4.1.1.contains a live, weakened C-strain virus (modified live wild doses in Veterinary vaccine); boar 2014) Inspector (11.02.2013) 5.1.1.examined within 30 days prior to dispatch to the on the commissioning party, determining the viral titre that approval of the may not be lower than the titre specified in paragraph plan to combat 1.2.1 of this specification; (ensures/does not ensure) and monitor 6.1.1.industrially integrated into bait that attracts wild boar; classical swine fever 7.1.1.usable no fewer than twelve months from the date of delivery (ensures/does not ensure)

8.1. Documentation to be submitted regarding the vaccine: 9.1.1.information of the viral titre of the vaccine and the stability of the titre;

10.1.1.information on the contents of the vaccine bait and resistance in an open environment;

11.1.1.certification/expert report on the effectiveness of the vaccine in wild boar (attach documents certifying the 12 results of the scientific studies);

12.1.1.description of the medicine, leaflet and labelling;

13.1.1.expert report on the quality of the vaccine;

14.1.1.expert report on the safety of use of the vaccine;

15.1.1. a good manufacturing practice (GMP) certificate;

1 16.1. Deliveries: 6 . 16.1.1. in September 2013: 90 000 vaccines; 16.1.2. in March/April 2014: 270 000 vaccines.

(ensures/does not ensure)

* Please provide supporting documentation (in Latvian or English) for each requirement of the technical specification or provide a reference to the relevant document in the tender submitted.

______(date)

______(position) (signature) (signature transcribed)

13 Annex 3 to the Regulations of open competition No. PVD 2013/04/AK

Financial tender

Item Unit of Price* in LVL Vaccine name No. measurement excluding VAT

1. 1 vaccine dose

*1) The tender price must be provided in LVL using the exchange rate determined by the Bank of Latvia (1 EUR = LVL 0.702804); 2) The price per vaccine dose provided in the financial tender shall be the maximum price of one dose and shall remain constant for the entire duration of the contract.

______(date)

______(position) (signature) (signature transcribed)

14 Annex 4 to the Regulations of open competition No. PVD 2013/04/AK DRAFT CONTRACT

Supplier Ref. ______Commissioning Party Ref. PVD 2013/04/AK ____

Riga, ______2013

The Food and Veterinary Service of the Republic of Latvia, reg. No. 90000064301, tax ID number: LV90000064301, represented by Director General Māris Balodis, who is acting pursuant to the Regulations, hereinafter referred to as the Commissioning Party, party of the first part, and ______reg. No______, represented by ______, who is acting pursuant to ______, hereinafter referred to as the Supplier, party of the second part, both hereinafter jointly referred to as the Parties, based on the results of open competition No. PVD 2013/04/AK “Acquisition of classical swine fever vaccines to ensure wild boar vaccination in 2013 and 2014” (hereinafter: Competition) and Section 67 of the Public Procurement Law, do hereby enter into the following contract:

1. Contract Subject Matter and Object 1.1. Based on the results of the Competition, the Commissioning Party hereby commissions, and the Supplier shall supply, vaccines 360 000 (hereinafter: “Goods”) in accordance with Annexes 1 and 2 to this Contract, which constitute an integral part of this Contract. 1.2. The object of this Contract is to specify the delivery agreements to be concluded between the Commissioning Party and the Supplier in the period of time from the signing of this Contract on ______2013 to ______2014 and to provide for procedures based on which the said agreements shall be concluded, providing in particular, for the general terms and conditions regarding the subject matter of the delivery agreement, the price and the terms of payment, the quality of the goods, delivery due dates and other basic provisions.

2. Contract Price and Terms of Payment 2.1. By signing this Contract, the Commissioning Party and the Supplier shall agree upon the highest permissible price of a unit of the Goods which the Supplier has specified in the tender in the open competition and for which the Supplier can supply the Goods to the Commissioning Party. (Annex 2 to the Contract.) 2.2. The total contract amount during the operation of the Contract shall not exceed ______, if subject to VAT/sales taxation, excluding VAT. 2.3. Payment for the Goods shall take place in the form of a non-cash settlement within ten (10) working days from the receipt of an invoice issued by the Supplier by its accounting division at the Commissioning Party. 2.4. Notwithstanding delivery and the passing of risk in the Goods according to 1.2., the property in the Goods shall not pass to the Commissioning Party until the Supplier has received payment in full of the price of the Goods for which payment is due.

3. Rights and Obligations of the Commissioning Party 3.1. Rights of the Commissioning Party: 3.1.1. Title to receive Goods of an appropriate standard of quality in the quantity specified in the technical specification of the Contract (Annex 1 to the Contract) and within the specified time of delivery (Annex 2 to the Contract).

15 3.1.2. Title to refuse to accept the Goods at no charge, if they do not meet the requirements prescribed by the Contract and the reason for failing existed before the passing of risk to Commissioning Party. 3.1.3. Title to withhold a contractual penalty according to Article 7.2. and/or losses incurred due to a failure by the Supplier to fulfil the contractual obligations, from the sum payable to the Supplier in accordance with the invoice submitted by the Supplier. Notwithstanding the foregoing, the right of Supplier to prove lower damages remains unaffected. 3.2. Obligations of the Commissioning Party: 3.2.1 To pay for the contractual Goods in accordance with the provisions of clauses 2.1 and 2.2 of this Contract. 3.2.2 Place an order for the delivery of the Goods in due time. 3.2.3 To ensure acceptance in a previously agreed time and manner in accordance with clause 5.1 of this Contract.

4. Rights and Obligations of the Supplier 4.1. Rights of the Supplier: 4.1.1 To receive payment for the Goods supplied in accordance with the provisions of this Contract. 4.2. Obligations of the Supplier: 4.2.1. Upon delivering the Goods to the Commissioning Party, the Supplier shall simultaneously deliver documentation certifying the quality of the Goods. 4.2.2. Determine the titre of the vaccine series within 30 days before the delivery of the vaccine to the Commissioning Party. 4.2.3. To supply the Goods in accordance with the quantity specified in Annex 1 to this Contract. 4.2.4. To assume all risks and material liability for the destruction of the Goods up to the time of agreed delivery and passing of risk related to the Goods to the Commissioning Party. 4.2.5. To ensure undamaged packaging for the Goods. 4.2.6. To transfer the Goods to the person specified in clause 10.1.1 of this Contract.

5. Terms and Conditions of Delivery 5.1. The physical delivery and acceptance of the Goods in accordance with the quantity and quality thereof shall take place in the presence of representatives of both Parties hereto, at the Supplier’s address, by signing a statement of delivery and acceptance of the Goods. 5.2. The date of delivery of the Goods shall be the date on which the Commissioning Party or an authorised representative thereof signs the statement of acceptance and delivery. 5.3. The consignment of the Goods must have the following accompanying documents: documents certifying the quality of the Goods; a package leaflet of the Goods in either English or Latvian.

6. Delivery and Acceptance of the Goods 6.1. The delivery and acceptance of the Goods in accordance with the quantity and quality thereof shall take place in the presence of representatives of the Commissioning Party and the Supplier, by drawing up and signing a statement of delivery and acceptance of the Goods. 6.2. If it is found during the acceptance that the Goods delivered are damaged or do not conform to the technical specification, the Commissioning Party shall not accept the damaged or non- compliant Goods. 6.3. In the event that substantial damage to the Goods should be found after the acceptance of the Goods that could not be identified at the time of acceptance, or the quality of the Goods is

16 found to not correspond to that prescribed in the specification, the Commissioning Party shall notify the Supplier thereof and return the Goods to the Supplier, regarding which a statement of delivery and acceptance shall be drawn up. 6.4. Where the circumstances described in clauses 6.2 and 6.3 are identified, the Supplier shall replace the damaged or non-compliant Goods with Goods that meet the requirements of the Commissioning Party, at the Supplier’s own expense and using the Supplier’s labour, within ten (10) working days.

7. Dispute Settlement Procedures and Liability of the Parties 7.1. Any disputes and disagreements arising in connection with the performance of this Contract shall be addressed by mutual agreement of the Parties, on the basis of the laws and regulations of Latvia. Where it is impossible to do so, they shall be referred to a court of law of the Republic of Latvia. 7.2. For each day past the due date of delivery of the Goods as specified in Annex 2 to the Contract and clause 6.5, the Supplier shall pay the Commissioning Party a contractual penalty in the amount of 0.5 per cent per day of the outstanding value of the Goods not delivered, however the total contractual penalty may not exceed 10% of the value of the Goods delivered past due. 7.3. For each day past the due date of payment for the Goods as specified in Clause 2 of the Contract, the Commissioning Party shall pay the Supplier a contractual penalty in the amount of 0.5 per cent per day of the outstanding invoiced amount for the Goods, however the total contractual penalty may not exceed 10% of the outstanding invoiced amount for the Goods. 7.4. The payment of a contractual penalty shall not release the Parties from the discharge of obligations under this Contract. 7.5. Contractual penalties and/or losses incurred due to a failure by the Supplier to fulfil the contractual obligations may be withheld by the Commissioning Party from the sum payable to the Supplier in accordance with the invoice issued by the Supplier, but the calculation and amount of the contractual penalty and/or loss shall first be forwarded to the e-mail address of the Supplier: ______. 7.6. The liability of Supplier is limited to acts of gross negligence or wilful misconduct.

8. Force majeure 8.1. The Parties shall not be liable for defaulting on their obligations under this Contract if a delay is due to force majeure circumstances. 8.2. Force majeure circumstances shall mean natural disasters, wars and warlike acts of any nature, export and import prohibitions, decisions by public authorities, epidemics and other emergency circumstances that the Parties could not have foreseen at the time of signing of the Contract. 8.3. Upon the conclusion of force majeure circumstances, the operation of the Contract shall resume. 8.4. The Parties may agree, in writing, to extend the completion date of the Contract by the period of duration of the force majeure circumstances.

9. Procedures of Amendment, Supplementation and Termination of the Contract 9.1. Any amendments and supplements to this Contract shall be executed in writing by the Parties, and they shall be attached to this Contract, forming an integral part thereof. Amendments relating to raising the maximum established price per vaccine dose are not permissible. 9.2. The Commissioning Party is entitled to terminate this Contract unilaterally in the following instances:

17 9.2.1. if the delivered Goods are found to have substantial deficiencies in terms of their quality or it is found that the Supplier has failed to fulfil the obligations referred to in clause 4.2 of this Contract. Where this is the case, the Supplier shall, within 10 days from the day on which such facts were established, repay the funds paid to it by the Commissioning Party in full or substitute the consignment of inferior Goods with Goods of the appropriate standard; 9.2.2. the Supplier has been subject to actions involving the freezing of the Supplier’s assets or bank accounts, including payment stoppages, which can lead to bankruptcy of the undertaking (company) being declared; 9.3. Where the Contract is terminated early, it shall be deemed terminated on the day of receipt of a termination notice at the other Party. 9.4. In other instances, the Contract may be terminated upon written agreement of the Parties. 9.5. Legal rights of extraordinary termination shall remain unaffected

10. Miscellaneous Provisions 10.1. In connection with the performance of this Contract, the persons responsible for the coordination thereof shall be as follows: 10.1.1. For the Commissioning Party: 10.1.1.1. Edvīns Oļševskis, e-mail [email protected], tel. +37167095240; 10.1.1.2. Mārtiņš Seržants, e-mail [email protected], tel. +37167027586. 10.1.2. For the Supplier: ______, tel. ______, e-mail: ______. 10.2. This Contract has been executed in two originals on four (4) pages in the Latvian and English languages, each copy being of equal legal validity. Each of the Parties shall receive one copy in Latvian and English. In the event of disputes, the Contract wording in English shall prevail. 10.3. This Contract has two annexes: technical specification on __ (_____) page(s) and financial tender on ___ (_____) page(s). 10.4. This Contract shall take effect on the date of its signing and remain in effect until the full discharge of the Parties’ obligations.

11. Particulars

COMMISSIONING PARTY SUPPLIER Food and Veterinary Service Peldu iela 30, Riga LV-1050 Tel. 67095230, fax 67322727 Taxpayer reg. No. 90000064301 Account No. (IBAN): LV31TREL2160324011000 Bank: The Treasury BIC: TRELLV22

______M. Balodis

18 Annex 1 to Contract No. PVD 2013/______of ______2013

TECHNICAL SPECIFICATION

______M. Balodis

19 Annex 2 to Contract No. PVD 2013/______of ______2013

FINANCIAL TENDER

______M. Balodis