Opening of the
offers - Lowest compliant
Purpose
On “lowest compliant” basis the
adjudication of a contract is for the firm whose bid complies
with the technical, financial and delivery requirements and is
the lowest, subject to the rules aimed at achieving
well-balanced industrial return coefficients for the Member
States.
Procedure
The bids received following an
invitation to tender shall be opened not earlier than
five working days after the closing date for dispatch
of bids.
The invitation
to the bid opening is sent by the purchasing service. It shall
include on EN Department side:
-
the technical responsible
-
the Group Leader of the
technical responsible
-
the Department Head or his
representative
 |
All the
personnel
attending to the bid opening is
bound by the
confidentiality. |
 |
The
Department Head or his
representative shall be present
in all the Invitation to
Tender's openings in order to
take any decision regarding the
bid opening. |
A report of the results of the
opening of the bids is prepared by the
purchasing service in a confidential document.
After the opening of the bids, the
purchasing service shall meet with the
technical responsible in order to
assess the bids from a technical and from a financial point of
view. Bids shall be examined in detail
in order to establish that:
-
The specifications
have been fully understood and the bid complies
in all respects with the technical and delivery
requests.
-
The bid complies
in all respects with the commercial and legal
conditions laid down by CERN in the invitation
to tender documents.
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The technical responsible is
allowed to ask any question or
clarification needed for the
analysis of a bid. All the exchanges
with bidders shall go through the purchasing service. |
A financial ranking of all the
bids meeting the technical specification is established.
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As a rule, supply contracts are
adjudicated on the basis of
Free
Carriage (FCA) prices (this
roughly means excluding
transport price). |
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Service contracts are
adjudicated on the basis of the
price quoted for the whole
contract duration. |
Contracts exceeding 200 kCHF shall
be subject to the alignment and the splitting rules in case the
lowest bid is from a well balanced Member State and the
following bid is originating from one or more poorly balanced
Member States, provided that it falls within 20% of that of the
lowest bidder, , provided that it
falls within 20% of that of the lowest bidder, if the second
lowest bidder agrees to realign his price to the lowest. If not,
the same procedure apply to the third lowest bidder if it is
within the 20%.
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Splitting
rules:
- A contract
can be split
among several
bidders. In this
case CERN shall
enter into
negotiations
with the second
best placed
bidder in order
to try to bring
the contractual
conditions as
close as
possible to that
of the
best-placed
bidder. Also the
third best place
bidder can be
contacted, or
the fourth.
- The
basic rule for
splitting is
that the bidder
who has
submitted the
best bid will
receive not less
than the share
received by the
second
best-placed
bidder and the
second
best-placed
bidder will
receive not less
than the share
obtained by the
third
best-placed
bidder, etc..
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