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SIRLI SIPP KULLI PNOEE-47511160318 2024-03-13 12:55:08

PC_Armgate_EGS JS.pdf

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SALES CONTRACT

No 10-1/24-60

The contract is concluded as a result of a public procurement organised by the Geological

Survey of Estonia.

Title of the public procurement: Purchasing an isotope analyser for measuring the isotope

composition of water samples (hereinafter ‘the public procurement’)

Public procurement reference number: 272890

The parties to this sales contract (hereinafter ‘the contract’) are:

LLC Armgate, registry code 50003208531, seat Mārupe district, Mārupe, Liliju iela 20, LV-

2167, (hereinafter ‘the seller’ or ‘party’, together with the buyer the ‘parties’ ), represented

under the statutes by Member of the Board Vineta Zilgalve

and

the Geological Survey of Estonia, registry code 77000387, seat Lääne-Viru maakond, Rakvere

linn, FR Kreutzwaldi tn 5, 44314 (hereinafter ‘buyer’ or ‘party’, together with the seller the

‘parties’), represented under the statutes by Director Sirli Sipp Kulli.

1. OBJECT OF THE CONTRACT, GENERAL PROVISIONS

1.1. The object of the contract is the sale of an isotope analyser (hereinafter the ‘analyser’) to

the buyer for measuring the isotope composition of water, according to the scope and terms set

out in the contract, as well as the work and operations related to and arising from the said sale

(including the analyser’s delivery and transportation to the buyer's territory, setup, training of

use) until the delivery of the analyser at a place designated by the buyer and until the final

acceptance of the analyser by the buyer, as well as operations during the warranty period

(hereinafter ‘sale’).

1.2. The seller undertakes to deliver and install the analyser at the construction works at Palkoja

baas, Arbavere küla, Kadrina vald, Lääne-Viru maakond (cadastral unit 27301:001:0171)

(hereinafter referred to as ‘buyer's territory’) in accordance with the provisions of the contract.

1.3. The contract documents consist of the contract, annexes to the contract and amendments to

the contract. In the context of the contract, the term ‘contract’ means all documents of the

contract. The contract includes the following annexes:

1.3.1. Annex 1 – Technical specification of the public procurement ‘Purchasing an isotope

analyser for measuring the isotope composition of water’, including the clarifications provided

by the buyer during the public procurement.

1.3.2. Annex 2 – The tender with all its annexes submitted by the seller in the public

procurement ‘Purchasing an isotope analyser for measuring the isotope composition of water’.

1.3.3. Other documents stipulated in the contract.

1.4. The rights and obligations of the parties are based on the contract with its annexes, laws,

regulations and standards in force in the Republic of Estonia and other technical documents

regarding the supplies. Within the framework of the contract, the term ‘contract’ includes all

documents listed above, unless specified otherwise in a specific provision.

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1.5. The parties warrant and declare that by entering into the contract, they have not violated

any provision of the law, statute, or other normative act applicable to them, or any of the

obligations assumed by them under previously concluded contracts and agreements.

2. OBLIGATIONS AND RIGHTS OF THE SELLER

The seller is obliged to:

2.1. sell and deliver the analyser to the buyer in accordance with the contract;

2.2. ensure the quality of the analyser and compliance with the terms of the contract;

2.3. ensure high-quality preservation of the analyser during transportation and, if required,

secure the analyser during transportation;

2.4. fully compensate for the damages caused to the buyer and third parties by their actions or

inactions. In the event of disputes, the causes of the damage will be identified by an independent

expert jointly accepted by the parties;

2.5. carry out work to ensure the usability of the analyser to fulfil all the functions required in

the technical specification;

2.6. deliver the analyser to the place specified by the buyer in the buyer's territory without

additional costs to the buyer, coordinating the delivery time of the analyser to the buyer's

territory with the buyer at least three (3) business days before the delivery of the analyser;

2.7. upon delivery of the analyser, provide the buyer with all documents necessary for the

proper use of the analyser (including user and maintenance manuals) electronically in Estonian

or English;

2.8. ensure the compliance of the analyser with the technical specification of the public

procurement. Upon non-conformity of the analyser with the terms set out in the contract,

eliminate at the buyer's request and at its own expense the deficiencies within the time limits

specified by the buyer, by, if necessary, supplying the buyer with additional parts of the

undersupplied analyser, exchanging the analyser that does not conform with the terms set out

in the contract for a proper analyser, or compensate the buyer for the costs incurred to ensure

the analyser's conformity. The buyer files to the seller a complaint regarding the analyser's non-

conformity immediately, but no later than within five (5) business days after their discovery

and before the expiry of the warranty period;

2.9. notify the buyer in writing immediately, but no later than within three (3) business days

from the occurrence of the relevant circumstances, of the need to not meet delivery deadlines

or other circumstances that prevent the performance of contractual obligations. If the seller does

not notify the buyer immediately of the aforementioned circumstances, the seller has no right

to require the buyer to amend the terms of the contract. The buyer has the right not to accept

the seller's proposals or other circumstances notified or not notified by the seller as the seller's

justification for not adhering to the terms of the contract;

2.10. After delivery of the analyser, the seller undertakes to ensure the availability and delivery

of spare parts to the buyer within the warranty period specified in the technical specification.

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The seller has the right to:

2.11. receive remuneration for the analyser from the buyer in accordance with the terms and

procedures set out in the contract;

2.12. use legal remedies (including withdrawing from or cancelling the contract) as well as

claim contractual penalties in the cases set out in the contract, if the buyer does not comply with

the terms set out in the contract, its annexes or other documents attached to the contract,

including if the buyer does not perform or performs improperly other obligations assumed under

the contract.

3. OBLIGATIONS AND RIGHTS OF THE BUYER

The buyer is obliged to:

3.1. if necessary, hand over to the seller upon signing the contract and in the future the

documents and authorisations necessary for the performance of the seller's obligations set out

in the contract. The seller is thereby obliged to notify the buyer in writing of the corresponding

need at least five (5) business days in advance;

3.2. pay for the analyser in accordance with the terms and procedures set out in the contract;

3.3. ensure entrance to the buyer's territory (including the construction works specified in clause

1.2.) for the delivery of the analyser.

The buyer has the right to:

3.4. in the case of delivery of supplies that do not conform with the terms set out in the contract,

delay payment for the entire delivered analyser until the seller fulfils its obligations in

accordance with clause 2.8 of the contract. If the seller does not ensure the analyser’s

conformity with the terms set out in the contract within the time limit specified by the buyer,

the buyer has the right to refuse payment for the analyser and to require the seller to remove the

analyser from the buyer's territory within the time limit specified by the buyer and, at the buyer's

discretion, to continue the performance of the contract or exercise the rights set out in clause

3.5of the contract. In the event of non-fulfilment of the buyer's aforementioned requirement by

the seller, the buyer has the right to sell, destroy, or use the remaining analyser without paying

any additional remuneration to the seller.

3.5. use legal remedies (including withdrawing from or cancelling the contract) as well as claim

contractual penalties in the cases set out in the contract, if the seller does not comply with the

time limits, quality requirements, values and prices set out in the contract, its annexes or other

documents attached to the contract, including if the seller does not perform or performs

improperly other obligations assumed under the contract.

3.6. transfer its rights and obligations arising from the contract to a third party, primarily to the

Republic of Estonia, without the consent of the seller. With the transfer of the contract, it is

deemed that all rights and obligations arising from the contract have been transferred to the

transferee of the contract. The buyer undertakes to notify the seller about the transfer within 3

(three) business days after signing the transfer of the contract.

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4. TIME LIMITS AND DEADLINES

The time limit for the performance of the contract is six (6) months from the conclusion of the

contract, by the end of which the analyser corresponding to the terms of the contract (including

documentation) must be delivered to the buyer, the setting performed, and the training

completed.

5. PURCHASE PRICE OF THE ANALYSER. PAYMENT PROCEDURE

5.1. The contract price (hereinafter ‘contract price’) is 137 678 (one hundred thirty seven

thousand six hundred seventy eight) euros, plus VAT at the rate set out by legislation.

5.2. The price specified in clause 5.1 of the contract includes the analyser’s purchase price and

costs related to its delivery and installation, as well as all costs incurred by the seller and

possible subcontractors incurred for the sale of the analyser (including its proper

commissioning) within the framework of the contract. The contract price is not dependent on

inflation or other factors, and therefore, is not subject to adjustment during the validity period

of the contract.

5.3. The buyer’s payment schedule is as follows:

5.3.1. No advance payment is made.

5.3.2. 100% of the contract value will be paid within 30 (thirty) calendar days after the delivery

and installation of the analyser on the buyer's territory, the setting up of the analyser and

conducting the user training and the presentation of the relevant invoice to the buyer, with the

seller receiving the right to submit the invoice after the acceptance of the instrument of delivery

and acceptance by the buyer. The invoice is submitted as an e-invoice (via Fitek, Unifiedpost

AS) or by email.

6. PARTIES’ REPRESENTATIVES AND COMMUNICATION CHANNELS

6.1. The seller is represented by:

6.1.1. In contract-related matters by: Jānis Straumēns, phone: +371 29209828, email:

[email protected]

6.1.2. In technical matters by: Jānis Straumēns, phone: +371 29209828, email:

[email protected]

6.2. The buyer is represented by:

6.2.1. In contract-related matters by: Andres Marandi, phone: +372 56135128, email:

[email protected].

6.2.2. In technical matters by: Andres Marandi, phone: +372 56135128, email:

[email protected].

7. FORCE MAJEURE

7.1. The parties are released from performing their obligations arising from and in connection

with the contract, in whole or in part, if the performance is prevented by force majeure, where

the parties are obliged to take all measures to prevent damage to the other party and to ensure

the performance of the contract to the greatest extent possible. In this case, the seller is entitled

to exceed the contract price only in agreement with the buyer. The existence of force majeure

must be proven by the party who wishes to rely on such circumstances as a basis for being

released from the liability under the law and/or the contract for non-performance or improper

performance of their obligations under the contract.

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7.2. In the event of force majeure, the other party must be informed in writing without delay.

7.3. In the event of force majeure, the final deadline for the sale and all intermediate deadlines

will be extended by the period of the occurrence of the relevant circumstances. In the event of

force majeure lasting more than 3 (three) calendar months, the parties have the right to withdraw

from or cancel the contract.

8. WARRANTY. SECURITIES

8.1. The seller provides a sales warranty for the analyser sold by them, the duration of which is

specified in the technical specification attached to the contract. The period of the said warranty

starts from the signing of the instrument of delivery and acceptance of the analyser by the buyer

in accordance with clause 10.2 of the contract. The warranty includes repair and the provision

of a replacement product for the duration of the warranty repair. By providing a warranty,

product compliance with the terms of the contract is ensured without applying additional fees.

8.2. The analyser’s non-conformities with the contract that appeared or arose during the

warranty period will be eliminated by the seller at their own expense as soon as possible after

their discovery. The time limit for elimination is agreed upon by the parties in a mutually signed

report no later than within three (3) business days after notifying the seller. Depending on the

nature and complexity of the non-conformity, the seller undertakes to eliminate the non-

conformity within ten days at the latest. If the seller refuses to sign the aforementioned report

or does not eliminate the aforementioned non-conformities in a timely manner, the buyer has

the right to eliminate the non-conformities on its own, and the seller is obliged to compensate

the buyer for all costs related to the elimination of said non-conformities according to the

invoice(s) submitted by the buyer.

8.3. The seller shall be released from the obligation stipulated in Clause 8.2 of the contract if

defects, malfunctions and/or other deficiencies of the Equipment are caused by the improper

use of the Equipment by the Buyer.

8.4. After the end of the respective warranty period, the parties have the right to submit

complaints against each other within the respective statute of limitations set for court claims.

9. LIABILITY OF THE PARTIES

9.1. The seller is liable for the damage caused to the buyer by non-performance or improper

performance of the contract, and the seller is also obliged to compensate the buyer for the

expenses incurred by the buyer in connection with the seller's breach of the contract. The buyer

is liable for the breach of the contract and is obliged to compensate the seller for the damage

caused by the breach of the contract and the expenses incurred by the seller in connection with

the buyer's breach of the contract.

9.2. The seller has the right to claim from the buyer interest for late payment of zero point one

(0.1) percent of the overdue amount (excluding VAT) for each day of delay (on the basis of the

submitted invoice) in case of late payment of the invoice. Payment is deemed to have been

made by the corresponding transfer on the part of the buyer.

9.3. The buyer has the right to claim from the seller contractual penalty of zero point one (0.1)

percent of the contract value for each day that the deadline for performance of an obligation set

out in the contract was exceeded by the seller or under the seller’s instruction.

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9.4. The seller pays the buyer a contractual penalty of three hundred euros for each repeated

inspection of the analyser that did not comply with the terms of the contract.

9.5. If the seller violates the confidentiality obligation set out in clause 14.3 of this contract, the

buyer has the right to claim a contractual penalty in the amount of 3,000 (three thousand) euros

for each violation. The buyer has the right to set off the contractual penalty against the invoice

to be paid by the buyer to the seller.

9.6. The seller is not responsible for lost income, indirect losses, loss of production, loss of

profit and other property-related losses that may occur to the buyer during the performance of

this Contract or the use of the Equipment.

9.7. Any damages claimed by a party from the other party may not exceed a total of 20% of the

contract value.

10. DELIVERY AND ACCEPTANCE

10.1. The delivery and acceptance of the analyser takes place at the construction works located

on the buyer's territory at the time and place specified by the buyer.

10.2. To deliver the analyser and other operations related to the sale to the buyer, the seller

presents the buyer with an instrument of delivery and acceptance signed by its representative,

which the buyer reviews and returns to the seller signed by its representative no later than on

the fifth (5) day after receiving the instrument from the seller; in case of refusal to accept, the

buyer submits to the seller a motivated decision on the refusal to accept in writing within the

same time period.

10.3. The risk of accidental destruction of or damage to the analyser is transferred from the

seller to the buyer upon final acceptance of the analyser by the buyer in accordance with clause

10.2 of the contract.

10.4. If there are incomplete works, the seller bears the risk of accidental destruction of or

damage to incomplete works until acceptance of the incomplete works by the buyer in

accordance with the clause 10.2 of the contract.

11. TRANSFER OF RIGHT OF OWNERSHIP

Right of ownership to the analyser and the risk of accidental destruction will pass from the

seller to the buyer from the moment of signing the final instrument of delivery and acceptance

of the analyser by the buyer.

12. WITHDRAWAL FROM AND CANCELLATION OF THE CONTRACT

12.1. The parties have the right to terminate the contract or withdraw from it if a bankruptcy

petition is filed against the other party, if bankruptcy is declared against the other party, as well

as in other cases provided for in the contract and laws. The party that has cancelled or withdrawn

from the contract has the right to demand from the other party compensation for expenses and

damages incurred in connection with the performance of the contract.

12.2. In the event of a material breach of the contract in the form of failure to fulfil or improper

fulfilment of the obligations set out in the contract, the buyer will have the right to terminate

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the contract extraordinarily and unilaterally by informing the seller thereof in writing. A breach

of contract may be deemed a material breach primarily in the circumstances described in

subsection 2 of § 116 of the Law of Obligations Act:

12.2.1. the seller does not deliver the analyser to the buyer by the deadline specified in the

contract and, if applicable, by the additional deadline specified by the buyer,

12.2.2. the seller does not conduct training for the use of the analyser,

12.2.3. breach of the seller's obligations gives the buyer a reasonable cause to expect that the

seller will not fulfil its obligations also in the future.

12.3. The parties have the right to withdraw from or cancel the contract if the other party delays

the performance of the obligations set out in the contract for more than one (1) month.

13. TRANSFER OF CLAIMS AND OBLIGATIONS, NOTICES

13.1. The parties have the right to transfer claims and obligations arising from and related to

the contract to third parties only with the prior written consent of the other party. With regard

to improperly transferred claims and obligations, the party that transferred the claims and/or

obligations remains liable to the other party.

13.2. All notices between the parties regarding the performance of the contract are submitted

to the other party in writing at the addresses specified by the parties in chapter 6 of the contract

or at any other address that one party has notified the other party about in writing.

13.3. All notices between the parties are deemed to have been delivered upon registered

delivery of a letter or email or delivery against a signature by the other party.

13.4. The Parties undertake to notify the other party of any changes in the addresses of the

parties immediately, but no later than within five (5) business days from the occurrence of the

respective changes.

14. FINAL PROVISIONS

14.1. The contract enters into force from the moment of its signing by the representatives of the

parties and is valid until the parties have properly fulfilled their obligations under the contract.

14.2. The contract is confidential, with the exception of the provisions that are subject to

publication in the Estonian Public Procurement Register pursuant to the Public Procurement

Act.

14.3. Neither the contract nor the information obtained in the course of the performance of the

contract may be disclosed to third parties without the seller’s consent, except where this is

mandatory for the party under legislation. By way of exception, the parties have the right to

disclose the information to financiers, advisers (incl. auditors), and companies belonging to the

group, if this is necessary for the proper and effective performance of the contract and if the

party imposes the same prohibition of disclosure on those persons. The seller does not engage

in any public relations and does not make any announcements to the press, electronic media,

the general public or other audiences in connection with the contract, except with the prior

written consent of the buyer. Only notices that have been agreed with the buyer in advance may

be published.

14.4. The provision set out in clause 14.3 of the contract retains its legal force for a period of

three (3) calendar years from the cessation or termination of the contract.

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14.5. The headings and terms in the contract are intended to convey the content of the

provisions. In the event of a contradiction between a term and the content or the title and the

content, content will apply.

14.6. The contract is amended only under a written agreement (including an agreement

reproducible in writing), which is drawn up as an annex to the contract. Regardless of the above,

the buyer has the right to unilaterally amend the documentation that forms the basis of the sale

of the analyser by communicating the amendments to the seller without delay. If the seller finds

that the amendments made are such that the seller is unable or the seller does not wish to

continue the performance of the contract under the current terms, the seller must notify the

buyer thereof in writing no later than within three (3) business days from the receipt of the

corresponding amendment, submitting one’s own specific proposals for amendment and

supplementation of the contract, otherwise the seller is obliged to perform the contract

according to the existing time limits and remuneration. Upon acceptance of the proposals, the

parties will draw up a corresponding annex to the contract, in case of non-acceptance, either

party has the right to cancel the contract.

14.7. The parties undertake to take all appropriate measures to resolve all disputes arising from

the contract through negotiations, without harming the other party’s legal rights and interests

arising from the contract. In the event of failure to reach an agreement, all disputes arising from

the contract will be settled in an Estonian court on the basis of laws.

14.8. The parties process the personal data of the representatives of the other party and other

persons involved in the performance of the contract without the specific consent of the said

persons for the purpose of the performance of the contract concluded between the parties, in

the legitimate interests of the parties, or on other legal grounds. In processing personal data, the

parties adhere to the legislation and the personal data processing policies established in their

organisation.

15. DETAILS OF THE PARTIES

Seller:

LLC Armgate

Mārupe district, Mārupe, Liliju iela 20, LV-2167

Registry code 50003208531

Phone: +371 67976780

Email: [email protected]

Vineta Zilgalve

Member of the Board

signature / signed digitally /

Buyer:

Geological Survey of Estonia

F. R. Kreutzwaldi 5, 44314 Rakvere

Registry code 77000387

Phone: +372 630 2333

Email: [email protected]

Sirli Sipp Kulli

Director

signature / signed digitally /

PC_Armgate_EGS_Annex 1.1.pdf

Annex 1.1 to Sales Contract

1

PD Annex 2 – Technical description

Contracting authority: Geological Survey of Estonia

Title of procurement procedure: Purchase of an isotope analyser for measuring the isotopic

composition of water samples

Geological Survey of Estonia (GSE) acquires an analyser for isotope analysis of liquid water

samples to apply stable isotope methods in projects related to on groundwater resources and

groundwater-surface water interaction.

All possible references in this description to a specific standard, source of purchase, process,

trademark, patent, type, origin or production method (for example, product brand names, product

designations, manufacturing company names, etc.) contain the clause "or equivalent". All

equivalent products or systems must meet at least the specified requirements in terms of

maintenance costs, quality and other conditions characterizing the product or system.

The analyser and all the necessary add-ons for carrying out isotopic measurements need to comply

with the following technical criteria:

1. The analyser needs to enable simultaneous high-precision measurements of both δ18O and δ2H

from liquid water samples.

2. The analyser needs to use the laser absorption spectroscopy (LAS) for isotopic analysis.

3. Guaranteed precision (1σ) of the analyser for liquid water samples should be at least ≤0.05‰

for δ18O and ≤0.2‰ for δ2H or better in a performance mode with the best possible precision.

4. The analyser should enable measurements of samples with high total dissolved solids (TDS) of

≥40 g/kg.

5. The analyser is able analyse at least 20 samples or more in 24 hours with a guaranteed precision

(1σ) as stated in point 3.

6. Auto-injection system is added to the analyser for automated liquid sample injections for isotopic

water analysis.

7. Vaporization/evaporation module (vaporizer) for liquid water analysis that works in

combination with the automatic injection system is included or such capability is built into the

analyser.

8. Software for controlling analyser operation, data analysis, normalization of measurements,

calibration and identification/flagging for possible sample contamination needs to be provided

together with access to applicable software updates.

9. The analyser needs to be compatible with the “Laboratory Information Management System

(LIMS) for Lasers” software for data processing.

10. A monitor for working with the analyser needs to be included.

11. A kit for processing at least 1000 samples should be provided including at the minimum

syringes, glass vials and septa, together with the user manual describing their replacement.

12. A vaporizer cleaning kit needs to be included with a manual for carrying out the cleaning

procedure if a separate vaporization module is provided (see point 7 above).

13. The package needs to include at least 3 laboratory water calibration standards in 4-5 mL

ampoules.

Annex 1.1 to Sales Contract

2

14. It is possible to operate and monitor the analyser remotely, which includes operations such as

start/stop the analysis run, change performance mode, manage job queue etc.

15. The analyser should accept both zero (dry) air and N2 as carrying-gases.

16. The analyser works with an alternating voltage of 230V and a frequency of 50 Hz and does not

require additional cooling for operation. It has added accessories that allow the instrument to

continue working even in the event of a short-term power failure (e.g., UPS system or equivalent

solution).

17. The dimensions of the analyser taken separately (i.e., without the accessories described in

points 6, 7 and 11) are not larger than 30 x 100 x 60 cm (heigth x width x depth) and the weight is

up to 50 kg. The analyser will be installed into a building in a remote location, and it must be

possible to transport from one room to another using manpower.

18. At least 12-month extended warranty for any repairs/replacement of defective parts,

maintenance or calibration must be included.

19. Cost of the tender must include:

19.1 delivery of the analyser and its accessories to the final location;

19.2 installation of the analyser and its accessories at the final location and training, after which

the contracting authority is able to independently perform isotopic analyses. The training program

must include, among other things, hands-on tasks/instruction in routine analyser maintenance,

troubleshooting, sample preparation and handling, calibration, isotopic data post-processing, and

quality assurance/quality control (QA/QC).

PC_Armgate_EGS_Annex 1.2.pdf

Annex 1.2 to Sales Contract

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Koostatud 05.03.2024 15:23:35 https://riigihanked.riik.ee/rhr-web/#/procurement/6678988/general-

info

QUESTION REGARDING WARRANTY

Sõnumi ID: 808 158

Sõnum: 8.01.2024 15:59

Mille kohta: Hankedokumendid - PD Annex 2 Technical_specification EN

In the technical description 12 month extended (?) warranty is required, could you please

confirm that required warranty period is 12 months starting from the date of signing the

delivery acceptance.

Vastus: SVEN PÕDER, Eesti Geoloogiateenistus, 11.01.2024 17:40

Dear questioner

We confirm, that required warranty period is 12 months starting from the date of signing

the delivery acceptance. Please ignore the word "extended".

Sincerely

Estonian Geological Survey

QUESTION REGARDING BUDGET

Sõnumi ID: 808 156

Sõnum: 8.01.2024 15:57

Mille kohta: Hankedokumendid - 272890_contract_notice_EN

Could you please disclose the budgetary possibilities for this purchase. In tender rules

exceeding of budgetary possibilities is mentioned as possible cause of rejection.

Vastus: SVEN PÕDER, Eesti Geoloogiateenistus, 11.01.2024 17:37

Dear questioner

We have calculated the estimated cost of the procurement at 140,000 euros without VAT.

Sincerely

Estonian Geological Survey

PERFORMANCE EVALUATION

Sõnumi ID: 805 418

Sõnum: 22.12.2023 12:09

Mille kohta: Hankedokumendid - 272890_award criteria_EN

Question 3

How is better performance weighed in into the final evaluation?

Question 4

What is the maximum allowed delivery time, and what are the penalties for late delivery?

Vastus: SVEN PÕDER, Eesti Geoloogiateenistus, 28.12.2023 14:11

Dear questioner

We will answer your questions in the order in which they were presented below:

Question 3

How is better performance weighed in into the final evaluation?

Answer: Better performance is not awarding criterion. The only tender award criterion is

the total value of the tender. However, the performance of the offered device must meet

the minimum requirements given in the technical description. Performance is therefore

an essential compliance condition and suitability criterion.

Annex 1.2 to Sales Contract

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Koostatud 05.03.2024 15:23:35 https://riigihanked.riik.ee/rhr-web/#/procurement/6678988/general-

info

Question 4

What is the maximum allowed delivery time, and what are the penalties for late delivery?

Answer: According to the clause 8.2 of the Procurement Documents (PD) and to the

clause 4 of the draft of the Public Contract, the time limit for the performance of the

contract is six (6) months from the conclusion of the contract, by the end of which the

analyser corresponding to the terms of the contract (including documentation) must be

delivered to the buyer, the setting performed, and the training completed. Liability of the

Parties is stipulated in Clause 9 of the draft of public contract. Both Procurement

Documents and draft of the Public Contract are available to you through the public

procurement register.

Sincerely

Estonian Geological Survey

TECHNICAL SPECIFICATIONS

Sõnumi ID: 805 415

Sõnum: 22.12.2023 12:07

Mille kohta: Hankedokumendid - PD Annex 2 Technical_specification EN

Question 1

What evidence needs to be delivered in order to comply with point 5 and point 3 (PD

Annex 3 – Technical description), and how are standards taken into account. We assume

that 20 samples should be measured in 24 hours, are actual samples, and that standards

that are needed to achieve the requested results are extra, so that the actual measurements

per day might need to be higher than 20.

Question 2

What is the maximum allowed drift within 24 hours for δ 18O and δ 2H?

Question 3

How is better performance weighed in into the final evaluation?

Question 4

What is the maximum allowed delivery time, and what are the penalties for late delivery?

Vastus: SVEN PÕDER, Eesti Geoloogiateenistus, 28.12.2023 14:10

Dear questioner

We will answer your questions in the order in which they were presented below:

Question 1

What evidence needs to be delivered in order to comply with point 5 and point 3 (PD

Annex 3 – Technical description), and how are standards taken into account. We assume

that 20 samples should be measured in 24 hours, are actual samples, and that standards

that are needed to achieve the requested results are extra, so that the actual measurements

per day might need to be higher than 20.

Answer: The evidence of compliance with the required technical description is to be

provided in official technical specification of the equipment. The assumption that the

actual measurements per day are more than 20 (20 samples + enough standard

measurements) is correct.

Question 2

What is the maximum allowed drift within 24 hours for δ 18O and δ 2H?

Answer: Our tender does not specify the maximum allowed drift within 24 hours for δ

18O and δ 2H. We assume with this point that equipment can measure 20 (or more)

Annex 1.2 to Sales Contract

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Koostatud 05.03.2024 15:23:35 https://riigihanked.riik.ee/rhr-web/#/procurement/6678988/general-

info

samples in 24 hours + enough standard measurements to keep the measurements in the

given accuracy class (point 3).