Joint Procurement Agreement Amendment

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JOINT PROCUREMENT AGREEMENT

BETWEEN

THE ESTONIAN CENTRE FOR DEFENCE INVESTMENTS

AND

THE MINISTRY OF DEFENCE OF REPUBLIC OF LATVIA

ON

JOINT PROCUREMENT FOR CONCRETE BUNKERS

PREAMBLE

Estonian Centre for Defence Investments (registry code 70009764, address Järve 34a, 11314 Tallinn, Estonia) represented by Director General Elmar Vaher (hereinafter referred to as “ECDI”)

and

The Ministry of Defence of the Republic of Latvia (registry code 90000022632, address K. Valdemāra street 10/12, Riga, LV-1473, Latvia), represented by Major General Andis Dilāns, Undersecretary of State for Logistics (hereinafter referred to as “MoD”), hereinafter jointly referred to as the “Participants”,

- considering the need to cooperate in the conduct of the joint procurement for Concrete bunkers;

- having a common understanding that the ECDI will be the lead participant for the joint procurement procedure;

have agreed on the following:

1. OBJECTIVE AND SCOPE

1.1. The objective of this Joint Procurement Agreement (hereinafter referred to as the “JPA”) is to define and establish the principles applicable to the joint procurement carried out by the ECDI and MoD for the purpose of concluding a Framework Agreement for Concrete bunkers with the most economically advantageous Supplier, whose tender has been declared compliant with the minimum requirements set out in the procurement documents.

1.2. ECDI shall conduct the procurement until the conclusion of the Framework Agreement, which shall be awarded jointly in accordance with the legislation of the Republic of Estonia. In addition, ECDI shall be responsible for issuing orders and entering into procurement contracts under the Framework Agreement.

1.3. The procurement shall be conducted in the Estonian e-Procurement Register by the ECDI, which shall act as the lead contracting authority for the procurement.

1.4. After the conclusion of the Framework Agreement, the ECDI shall be the main contact point for the Framework Agreement for the purposes of placing orders and concluding Purchase Contracts.

1.5. Any disputes arising in relation to the awarded Purchase Contracts shall be governed by the laws of the Republic of Estonia. ECDI shall be responsible for the resolution of disputes related only to the procurement process and the quality of the goods. MoD shall be responsible for matters related to transportation, unless ECDI provides transportation, in which case ECDI’s responsibility shall extend accordingly.

2. Management

2.1. ECDI and MoD hereby each nominate a point of contact (POC) who shall have overall responsibility for the coordination and management of that Party's activities under this JPA.

2.1.1. The POC on behalf of ECDI is:

Elari Kalmaru

Strategic Portfolio Manager of Trainingfields

Phone: +372 5300 8189

e-mail: [email protected]

2.1.2. The POCs on behalf of MoD is:

Arvīds Sarkans

Defence Capabilities Project Management Department project manager

Phone: +371 6733 5018

e-mail: [email protected]

2.1.3. The POCs on behalf of State Centre for Defence Logistics and Procurement is:

 Alise Daija

 Senior Desk Officer of Contract Management Section

 Phone: + 371 25564272

 e-mail: [email protected]

 

3. ORDERS PROCEDURES

3.1. The order procedures regarding the acquisition of concrete bunkers through this JPA are regulated in the Framework Agreement.

3.2.   MoD shall notify ECDI on its order request one month in advance, providing the following information:

3.2.1. The desired quantities and types of concrete bunkers;

3.2.2. The desired delivery address, including contact details of the POC at the delivery location, desired delivery time;

3.2.3. Any other relevant requirements (including payment terms).

4. FINANCIAL PROVISIONS

4.1. Each Participant shall bear its own costs and expenses incurred in connection with acquisitions made under this JPA.

4.2. Participants hereby agree that there no administration fees shall be charged under this JPA.

5. Payment terms

Each Participant shall bear their own costs and expenses incurred in connection with the acquisition under the Framework Agreement for Concrete bunkers pursuant this JPA.

6. exchange of information and Communication

In the event of any changes to the information set out in section 2.1, each Participant shall promptly notify the other Participant of such changes by e-mail.

7. CONTRACTUAL CLAIMS AND PENALTIES

The applicable law for the resolution of disputes shall be the law of the place of delivery as specified in the relevant Purchase Contracts.

8. Termination of the JOINT PROCUREMENT ARRaNGEMENT

Participants may terminate this JPA at any time by mutual agreement.

9. ENTRY INTO EFFECT

This JPA is drawn up in English. It shall enter into force on the date of its last signature and shall remain in effect until the expiry of the Framework Agreement concluded under the procurement for concrete bunkers.

For Ministry of Defence of the Republic of LatviaFor the Estonian Centre for Defence Investments

Major General Andis DilānsElmar Vaher

Undersecretary of State for LogisticsDirector General

National Armaments DirectorNational Armaments Director