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APPROVEDby the minutes No 76.8.11-1-1 of the Commission of Public Procurements of the Permanent Representation of Lithuania to the EU on 14th February 2017

THE CONDITIONS OF SURVEY OF THE SIMPLIFIED PUBLIC PROCUREMENT

MOBILE COMMUNICATION AND RELATED SERVICES

CONTENTI. GENERAL CONDITIONSII. OBJECT OF PROCUREMENTIII. TIME LIMITSIV. QUALIFICATION REQUIREMENTS FOR THE SUPPLIERSV. PARTICIPATION OF A GROUP OF ECONOMIC ENTITIES IN THE PROCUREMENT PROCEDUREVI. PREPARATION, SUBMISSION AND MODIFICATION OF THE TENDERSVII. TENDER SECURITYVIII. EXPLANATION AND SPECIFICATION OF THE CONDITIONS OF SURVEY IX. TENDER OPENING PROCEDUREX. TENDER ANALYSISXI. NEGOTIATIONSXII. REASONS FOR REJECTION OF FINAL TENDERSXIII. EVALUATION OF TENDERSXIV. DECISION ON AWARDING OF THE CONTRACTXV. COMPLAINTS AND CLAIMS EXAMINATION PROCEDUREXVI. NOTIFICATION ABOUT THE RESULTSXVII. TERMS AND CONDITIONS OF THE PROCUREMENT CONTRACTXVIII. TERMINATION OF PROCUREMENT PROCEDURES

ANNEXES:Annex 1 – Technical SpecificationAnnex 2 – Tender FormAnnex 3 – Supplier’s Declaration FormAnnex 4 – Draft of the Public Sale-Purchase Contract

I. GENERAL CONDITIONS

1.1. The list of Contracting Authorities:1. Permanent Representation of Lithuania to the European Union Rue Belliard 41-43

1040 Brussels, Belgium

2. Embassy of the Republic of Lithuania to the Kingdom of Belgium

Rue Belliard 41-431040 Brussels, Belgium

1.2. Delegated Authority – Permanent Representation of Lithuania to the European Union, Rue Belliard 41-43, 1040 Brussels, Belgium.

1.3. The Contracting Authorities via the Delegated Authority intend to acquire the mobile communication and related services (hereinafter – Procurement/Services) for the needs of the Permanent Representation of Lithuania to the European Union and the Embassy of the Republic of Lithuania to the Kingdom of Belgium.

1.4. The main concepts, used in the present document, are defined in the Law on Public Procurement of the Republic of Lithuania (hereinafter referred to as the Law on Public Procurement) and the Rules on Simplified Public Procurement, Executed by Diplomatic Representations, Consular Institutions in Foreign Countries and Representations of the Republic of Lithuania at International Organizations, as well as other Contracting Authorities, which Purchase Goods, Services and Works in Foreign Countries, Intended for their Divisions, Military Representatives and Special Attaché in Foreign Countries (hereinafter referred to as the Rules), approved by Order No. V-307/V-40 of the Minister of National Defense of the Republic of Lithuania and the Minister of Foreign Affairs of the Republic of Lithuania of 31 March 2010 (amended by Order No V-74/V-20 of 23 January 2015) (published in the Register of Legal acts https://www.e-tar.lt/portal/lt/legalActSearch).

1.5. The procurement is executed in observance of the Law on Public Procurement, the Rules, the present Conditions of Survey, as well as other legal acts, valid in the Republic of Lithuania.

1.6. The procurement shall be performed in compliance with the principles of equality of treatment, non-discrimination, mutual recognition, proportionality, transparency and the requirements of confidentiality and impartiality.

1.7. The aim of the procurement is to conclude the public sale-purchase contracts (hereinafter referred to as the Contract/Contracts), which would provide the Contracting Authorities the possibility to purchase the necessary services by rationally using the funds, dedicated for that purpose. Each Contracting Authority will conclude a separate contract with the Supplier.

1.8. All the procurement conditions are established in the procurement documents, which include:

1.8.1. The Conditions of Survey (together with annexes);1.8.2. Explanations/specifications of the Conditions of Survey and the replies to the

Suppliers’ questions (if any).1.9. The Conditions of Survey have been prepared in Lithuanian and English. The

Conditions of Survey are presented to the Suppliers, invited to participate in the procurement procedures, and published on the webpage of the Delegated Authority at www.eurep.mfa.lt. In case of any conflict between the texts in Lithuanian and in English, the wording in Lithuanian shall prevail.

1.10. The direct communication with the Suppliers shall be maintained by Indrė Meškauskaitė, phone +32 2 4019816, e-mail [email protected].

II. OBJECT OF PROCUREMENT

2.1. The object of the procurement is the acquisition of mobile communication and related services for the needs of Permanent Representation of Lithuania to the European Union and Embassy of the Republic of Lithuania to the Kingdom of Belgium. The scope and specifications of the procured services are determined in the Technical Specification, provided in Annex 1 to the Conditions of Survey.

2.2. The validity of the contract – 24 months from the day the contract enters into force.

2.3. The procurement shall not be divided into parts therefore the tender must be provided with regard to the whole indicated scope of services, listed in the Technical Specification (Annex 1 to the Conditions of Survey).

2.4. Alternative tenders shall not be submitted. If the Supplier submits an alternative tender, his tender and the alternative tender (alternative tenders) shall be rejected.

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mailto:[email protected]

http://www.eurep.mfa.lt/

III. TIME LIMITS

DATE DATE / TIME* / PLACEThe deadline for submission of the request for explanation of the procurement documents to the Delegated Authority

Not later than 5 days before the deadline for submission of tenders

23-02-2017Permanent Representation of Lithuania to the EURue Belliard 41-431040 Brussels, [email protected]

The deadline for forwarding of explanations by the Delegated Authority

The explanation must be provided not later than 1 business day before the deadline for tender submission

27-02-2017

The deadline for submission of tenders

01-03-2017 16.00Permanent Representation of Lithuania to the [email protected]

The start of the tender opening procedure

01-03-2017 16.10Permanent Representation of Lithuania to the EURue Belliard 41-431040 Brussels, Belgium

* Time is stated according to the time of the state, where the Delegated Authority is established, i. e. Belgium.

IV. QUALIFICATION REQUIREMENTS FOR THE SUPPLIERS

4.1. The Supplier, seeking to participate in the procurement, must meet the minimum qualification requirements, indicated below, and provide necessary information and documentary proofs of correspondence to qualification requirements, stated in the table below (if the Supplier cannot reasonably provide the stated documents - other documents, acceptable to the Delegated Authority, which can confirm, that the Supplier’s qualification conforms to the qualification requirements):

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No. Qualification requirements Documents confirming that qualification conforms to the qualification requirements *

4.1.1 The supplier is not bankrupt, is not under liquidation, has not entered into an arrangement with creditors, has not suspended or limited its activity or is not in any similar or analogous position under the laws of the country of its registration. The supplier is not subject to court or out-of-court proceedings for restructuring, for a declaration of bankruptcy, for compulsory liquidation or for an arrangement with creditors, or any other similar proceedings under the laws of the country of registration.

1. If a supplier is a natural person and is registered in the Republic of Lithuania, it shall provide an extract issued by the State Enterprise Centre of Registers or an equivalent document issued in accordance with the procedures set by the government of the Republic of Lithuania, confirming the united data managed by competent institutions, to prove the specified circumstances or an extract from the court decision issued by the court, if any. If a supplier is a legal person registered in the Republic of Lithuania, it is not required to provide any documents in proof of this requirement. The Delegated authority shall verify the data of the final submission deadline date indicated in the notice of the procurement.If a supplier is registered in a different state and is a natural or a legal person, shall provide a certificate issued by the competent judicial or administrative authorities of a country in which it is registered or comes from.Above mentioned document issued no earlier than 60 days prior to the due date for tender submission. Where the document is issued earlier but is still valid on the deadline for tender submission, such document shall be accepted.2. The supplier’s declaration (Annex 3 to the Conditions of Survey), which confirms that the supplier has not entered into an arrangement with creditors, has not suspended or limited its activity or a document issued by the relevant foreign country confirming that the supplier has not entered into an arrangement with creditors, has not suspended or limited its activity, nobody has initiated procedures of compulsory liquidation or arrangement with creditors, or is not in any similar or analogous position under the laws of the country of its registration; if the mentioned document is not issued in the relevant country or if it does not cover all the requested issues, a declaration under oath or an official declaration shall be submitted.

4.1.2 The Supplier has the right to engage in the activity, which is relevant to performing the public contract.

The registration certificate (legal person) or other documents, evidencing the Supplier’s right to provide mobile communication and related services or other documents confirming the Supplier’s right to provide mobile

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No. Qualification requirements Documents confirming that qualification conforms to the qualification requirements *

communication and related services issued by a respective institution of a foreign country (certificates issued by professional bodies or business administrators, bodies authorized by the state as established in the country of registration of the Supplier), or a declaration of oath evidencing the Supplier’s right to provide mobile communication and related services.

4.1.3. GSM / GPRS / EDGE mobile communication coverage in the provider network – not less than 96 percent of the Belgian territory.

A certificate concluded by the Supplier or an authorized person thereof, of GSM / GPRS / EDGE network coverage in Belgium, which shall be not less than 96 percent (supplier shall specify officially and publicly announced coverage of the area as a percentage, including the coverage map).

* Notes:1) In case the Supplier is not able to provide the aforementioned documents, since such

documents are not issued in the corresponding country or the issued documents do not cover all the raised issues, the declaration of oath or (if it is not applied in the countries) the official Supplier’s declaration, which is submitted to the competent judicial or administrative authority, notary or professional or trade organization of the country in which it is registered or comes from, shall be provided;

2) The Delegated Authority shall retain the right to ask for the original documents.4.2. Instead of documents mentioned in item 4.1, the Supplier may provide a copy of a

certificate issued by the Public Procurement Office or by a competent foreign authority provided that such certificate confirms the Supplier’s compliance with the aforementioned respective requirements. The Delegated Authority reserves the right to request the submission of the original documents.

4.3. If a joint tender is submitted by a group of economic entities, the qualification requirements established in item 4.1.1, must be met and the specified documents must be provided by each individual member of the group of economic entities separately, while qualification requirements established in items 4.1.2-4.1.3 must be met and the specified documents must be provided by at least one member of the group of economic entities or jointly by all members of the group of economic entities in respect of their obligations of the execution of the contract.

4.4. No qualification requirements for the co-suppliers.4.5. If required, the Supplier may employ other economic entities without regard to legal

status of their cooperation. In such a case, the Supplier must present evidence to the Delegated Authority confirming that under the Contract they will have access to the resources concerned. Following analogical procedure, a group of economic entities may employ members of group of economic entity or other economic entities.

4.6. The tender of the Supplier shall be rejected if he submitted false information on the compliance with the requirements, and the Delegated Authority may prove it by any legal means.

V. PARTICIPATION OF A GROUP OF ECONOMIC ENTITIES IN THE PROCUREMENT PROCEDURE

5.1. A tender may be provided by a group of economic entities, acting on the basis of a joint activity agreement.

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5.2. The Supplier, providing its tender on the basis of a joint activity agreement, must provide a copy of the joint activity agreement, legally binding all the partners, undersigned by all of the joint activity partners. The joint activity agreement must establish that: (1) all the partners are collectively responsible for the performance of the public contract according to the conditions of the agreement, (2) one of the partners is appointed as the responsible party, i. e. the one with the right to act on behalf of all the partners, (3) the contractual obligations, arising from the agreement, including the payments, shall be performed via the responsible partner. The aforementioned provisions of the joint activity agreement may not be changed without the consent by the Delegated Authority. The Delegated Authority shall retain the right to ask for the original document.

5.3. The Delegated Authority shall not urge, that the group of economic entities having submitted the successful tender on a basis of a joint activity agreement and the Delegated Authority offering to sign a public contract, would establish a new legal person.

VI. PREPARATION, SUBMISSION AND MODIFICATION OF THE TENDERS

6.1. The Supplier may submit only one tender. In case the Supplier submits several tenders or, being a member of a group of economic entities, participates in submission of several tenders, all such tenders shall be rejected.

6.2. The tender must be provided according to the form, provided in Annex 2 to the present Conditions of Survey.

6.3. The Supplier’s form of tender attached to these Conditions of Survey in the Annex 2 must be prepared in Lithuanian or English. The communication between the Supplier and the Delegated Authority shall be effected in Lithuanian or/and English language. The qualification basing documents (references, certificates, etc.) may be provided in Lithuanian, English or French language. If the documents, included into the tender (certificates, diplomas, etc.), provided by the Supplier, are drawn in another language than required, such documents must be accompanied with their translations into Lithuanian or English, confirmed by a signature of the head of the Supplier or his/her authorized person.

6.4. Tender prices shall be presented in Euro. When calculating the price, all the volumes of services, stated in Annex 1 to the present Conditions of Survey must be taken into consideration. All the taxes and the Supplier’s expenses must be included into the price. By providing its tender the Supplier evidence that it’s tender is correct and covers every aspect, necessary for the complete implementation of the public contract.

6.5. Tender validity period shall be indicated in the tender. The tender shall be valid at least till 14 April 2017 inclusively. If the tender validity period is not indicated in the tender, it will be considered that the tender validity period is as it is defined in these procurement documents.

6.6. In case the Supplier plans to employ sub-contractors for performance of the public contract, the sub-contractors must be indicated in the tender (see Annex 2 to the present Conditions of Survey).

6.7. If the tender contains confidential information, the Supplier must indicate, what confidential information the proposal contains (the confidential information, first of all, includes the commercial secrets and confidential aspects of the tender). The Delegated Authority or experts and other persons may not disclose any information, provided by the Supplier, which has been included into the confidential information. The Supplier may not include any information, which must be public according to the laws of the Republic of Lithuania, into the confidential information. The Supplier may not state that the confidential information is the price of the offer or that the entire tender is confidential. In case the Supplier does not indicate the confidential information, the tender shall be held free of confidential information.

6.8. The tender must be undersigned by the Supplier or its authorized person. 6.9. The tender shall be held the totality of the following documents, provided by the

Supplier:

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6.9.1. The filled in Tender Form, prepared in observance of Annex 2 to the present Conditions of Survey;

6.9.2. The joint activity agreement, in case the tender is provided by a group of economic entities;

6.9.3. The annexes to the tender (including the documents, proving the Supplier’s qualification) and other necessary documents and materials.

6.10. The tender (scanned copy) has to be provided by electronic mail [email protected].

6.11. The tender must be provided before the deadline, stated in Section III of the present Conditions of Survey. No tenders, received at a later date, shall be examined.

6.12. The Delegated Authority has the right to prolong the time period for provision of the Tender.

6.13. The Delegated Authority shall not be responsible for failure of communication means or any other unforeseen events, due to which a tender was not received or was delivered with a delay.

6.14. The Delegated Authority shall not be liable for covering the Supplier’s expenses, incurred when preparing and providing the tender.

VII.TENDER SECURITY

7.1. The Delegated Authority does not require provision of the tender security in the ways of ensuring the performance of obligations, established in the Civil Code of the Republic of Lithuania.

VIII. EXPLANATION AND SPECIFICATION OF THE CONDITIONS OF SURVEY

8.1. The Conditions of Survey can be explained and specified at the initiative of the Suppliers, in case the Suppliers apply to the Delegated Authority in writing (by letter or by electronic mail, sent to indre.meskauskaite @eu.mfa.lt ). Requests to explain the Conditions of Survey may be provided to the Delegated Authority in writing not later than 5 days till the expiry of the deadline for submission of tenders. The Delegated Authority can reply to the written requests, provided later, in case it has sufficient time to prepare and forward the reply. When replying to the request, the Delegated Authority shall send these clarifications to the other Suppliers as well, but shall not indicate the name of the Supplier, who requested the clarifications.

8.2. Before the deadline for the submission of tenders, the Delegated Authority, by its own initiative, has the right to clarify and specify the conditions of survey.

8.3. When providing the replies to each request to explain the tender conditions, provided by the Suppliers, in case the request has been provided prior to the expiry of the deadline, specified in Paragraph 8.1 of the present Conditions of Survey, or in case the Delegated Authority explains or specifies the tender conditions by its own initiative, the Delegated Authority has to send its clarifications and specifications to all the Suppliers not later than 1 business day till the date of expiry of the deadline for submission of tenders. The Delegated Authority shall reply to the timely provided Supplier’s request to explain the Conditions of Survey not later than within the time period of 3 business days from the day of the request reception.

8.4. The clarifications and specifications of the Conditions of Survey and replies to the Supplier’s inquiries are provided by electronic mail. In case the Supplier does not specify its electronic mail address, the information is provided by mail.

IX. TENDER OPENING PROCEDURE

9.1. The meeting of the Public Procurement Commission where the envelopes with the tenders will be open will be held at the following address: Permanent Representation of Lithuania to the European Union, Rue Belliard 41-43, 1040 Brussels, Belgium. The start of the sitting of the

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Public Procurement Commission, during which the received tenders will be open, is provided in Section III of the present Conditions of Survey.

9.2. The Suppliers shall not be invited to the tender opening procedure.9.3. The Delegated Authority shall, not later than within the time period of 3 business days,

provide the information on all the received tenders to the proposal submitted Suppliers. Such notification shall include the following information:

9.3.1. The name of the Supplier who submitted the Tender;9.3.2. The total comparative tender price, specified in the Tender (VAT excluded).

X. TENDER ANALYSIS

10.1. The Public Procurement Commission (hereinafter – Commission) shall verify the compliance of the qualification data, presented in the tenders, with the minimum qualification requirements, established in the Conditions of Survey. In case the Commission establishes that the qualification data, provided by the Supplier are inaccurate or not comprehensive, it shall request the Supplier to supplement or clarify the data within the time period, prescribed by the Delegated Authority. In case the Supplier fails to clarify the provided inaccurate or not comprehensive data on its qualification at the request by the Delegated Authority, the Delegated Authority shall reject such Supplier’s offer. The provision regarding the request to eliminate the deficiencies, related to the provision of qualification data shall not be applicable in case during the examination it is established that the tender, provided by the specific Supplier may be rejected due to other reasons.

10.2. The right to participate in further procurement procedures shall be granted only to those Suppliers, whose qualification data comply with the requirements, raised by the Delegated Authority in the procurement documents.

10.3. In case of any questions concerning the tender’s content and with the written request of the Delegated Authority, the Suppliers must present additional written explanations without changing the essence of their tenders within a specified time.

10.4. Should the Supplier provided the data/documents (if required) indicated in the procurement documents submitted together with the proposal that are inaccurate, incomplete: the Supplier’s authorisation to sign the tender, the joint activity agreement, a document of tender security or failed to provide them, Commission shall make a written request asking the Supplier to supplement or explain the data, within a period specified by the Delegated Authority which shall not be less than 3 working days from the dispatch of the request by the Delegated Authority.

10.5. If necessary, representatives of the Suppliers may be invited to the sitting of the Commission and all the Suppliers concerned shall be notified on the issues, to which they will have to provide answers.

10.6. In case the Delegated Authority notices any errors of calculation of the price, specified in the tender, the Delegated Authority shall request the Supplier, within the time period, specified by the Delegated Authority, to correct the arithmetical errors, noticed in the tender, without changing the final tender price. When correcting the arithmetical errors, the Supplier shall not refuse the composite parts of the price or supplement the price with new parts. In case the Supplier, within the time period, specified by the Delegated Authority, does not correct the arithmetical errors and/or does not clarify its tender, the tender shall be deemed failing to comply with the requirements, established in the procurement documents.

10.7. In case an abnormally low price is specified in the tender, the Delegated Authority shall have the right, or, in case the Delegated Authority intends to reject the tender, it must require the Supplier in writing to present a written justification of such abnormally low price during the time period, specified by the Delegated Authority. In case the Supplier fails to substantiate the price, its tender shall be rejected.

10.8. In case the tender price expressed in figures does not correspond to the price expressed in words, the price given in words shall be deemed correct.

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XI. NEGOTIATIONS

11.1. The Delegated Authority may invite all the Suppliers, whose qualification is in compliance with the requirements, established in the procurement documents (when the qualification data compliance was checked with the minimum qualification requirements, established in the Conditions of Survey), to hold negotiations regarding the price of the tender, the offered characteristics of the procurement object and any other conditions in the following cases:

11.1.1. Only one tender has been received;11.1.2. All the tenders, provided by the Suppliers, whose qualification comply with the

requirements, established in the procurement documents, fail to comply with the requirements, established in the procurement documents;

11.1.3. The prices, offered by all Suppliers, whose tenders were not rejected due to other reasons, are too high and unacceptable to the Delegated Authority.

11.2. The Suppliers shall be notified on the decision to hold negotiations in writing, specifying the time and way of negotiations. The Commission will make decision whether the negotiations will be held in written or verbal form.

11.3. During the negotiations the parties may not disclose any technical, commercial or price related information to any third party.

11.4. In case the negotiations are performed in the verbal form, the minutes of the negotiations shall be drafted. The minutes shall be undersigned by the Chairman of the Commission and the authorized representative of the Supplier. The authorized representative shall have an authorization to represent the Supplier during the negotiations with regard to the procurement in question.

11.5. The final tender shall be the minutes of negotiations, undersigned by the parties (or the tender, clarified by the Supplier in writing) and the prior tender to the extent it was not changed during the negotiations. In case no negotiations are held, the initial tender shall be held the final tender. In case the negotiations are held however the Supplier is not invited to participate or does not participate if invited (or does not provide the clarified tender in case the negotiations are executed in writing), the initial tender shall be held the final tender.

XII. REASONS FOR REJECTION OF FINAL TENDERS

12.1. The Commission shall reject the tender if:12.1.1. The Supplier did not meet the minimum qualification requirements; 12.1.2. The Supplier specified inaccurate or incomplete information about his qualification

in the tender and failed to correct it at the Delegated Authority’s request;12.1.3. The tender did not conform to the requirements established in the procurement

documents;12.1.4. The Supplier failed to correct arithmetic mistakes and (or) to clarify the tender

within the period fixed by the Delegated Authority;12.1.5. The Supplier failed to specify, complete or provide documents (if required)

indicated in the procurement documents submitted together with the proposal within a period specified by the Delegated Authority: the Supplier’s authorisation to sign the tender, the joint activity agreement, a document of tender security;

12.1.6. All Suppliers, whose tenders were not rejected due to other reasons, offered the prices, which were abnormally high and unacceptable to the Delegated Authority;

12.1.7. The price offered is abnormally low and the Supplier failed to provide, at the Commission’s request (if applied), a proper written justification of price components or other justification of the abnormally low price;

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12.1.8. The Supplier submitted false information on the compliance with the requirements, and the Delegated Authority may prove it by any legal means.

12.2. The Supplier shall be informed in writing about the rejection of its tender and about the reasons for such rejection.

XIII. EVALUATION OF TENDERS

13.1. The tenders, not rejected by the Delegated Authority, shall be evaluated by the lowest price.

13.2. The prices will be evaluated in EUR (VAT excluded).

XIV. DECISION ON AWARDING OF THE CONTRACT

14.1. Upon examining and evaluating the submitted tenders, the Commission shall rank them, identify the winning tender and make the decision to conclude the public contract. The tenders shall be ranked according to the tender price increase order. No ranking of tenders shall be executed in case only one tender is received.

14.2. In case several tenders are the same price, the Supplier, who has registered its tender at the earliest, shall take precedence in the preliminary ranking.

14.3. The tenderers concerned shall be notified in written on the decision to conclude the public contract, the ranking of tenders, the winning tender and the term of the contract delay. In case the decision not to conclude the public contract is made, the reasons for such decision shall be specified.

14.4. The contract is concluded immediately but not earlier than the end of the contract award delay (the period of 15 days from the notification of the award decision was sent). In the case, there is the only one tenderer interested and with whom the contract shall be concluded, the contract award delay may not be applied.

14.5. The Delegated Authority shall offer to conclude the public contract to the winner participant, who shall be invited in writing to conclude the public contract. The winner participant must undersign the public contract within the time period, specified by the Delegated Authority. To sign the contract period may be determined in a separate report.

14.6. When concluding the public contract the price, offered by the winner Supplier, and conditions, established in the procurement documents and in the tender (or minutes of negotiations or the final tender) may not be changed.

14.7. In case the Supplier, to whom the Delegated Authority offers to conclude the public contract, refuses to conclude the public contract or fails to provide the security for the performance of the public contract, established in the procurement documents (if required), or the Supplier fails to arrive to conclude the public contract within the deadline, prescribed by the Delegated Authority or refuses to conclude the public contract on the conditions, established in the procurement documents, it is held that the Supplier refuses to conclude the public contract. In this case the Delegated Authority shall offer to conclude the public contract to the Supplier, whose tender was ranked the second after the Supplier, who refused to conclude the public contract.

XV. COMPLAINTS AND CLAIMS EXAMINATION PROCEDURE

15.1. All complaints and claims between the Delegated Authority and Supplier shall be examined according to the Chapter XV of the Rules and Chapter V of the Law on Public Procurement.

15.2. The Supplier, who presents a claim or a plaint, shall, not later than within the time period of 3 business days, by electronic means or by courier upon signature, provide to the Delegated Authority a copy of such a claim or plaint, bearing the receipt mark or other evidence of receipt of such claim of plaint by the court.

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XVI. NOTIFICATION ABOUT THE RESULTS

16.1. The Delegated Authority shall, as soon as possible, but not later than 15 days after receipt of the written request from a tenderer, whose tender was not rejected, inform about the characteristics and relative advantages of the selected tender as well as the name of the tenderer who submitted this tender.

16.2. The Delegated Authority cannot provide the information specified in Paragraph 16.1 of the Conditions of Survey, where release of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of suppliers or might prejudice fair competition between them.

XVII. TERMS AND CONDITIONS OF THE PROCUREMENT CONTRACT

17.1. The contract shall be executed in Lithuanian or in Lithuanian and English language.17.2. The concluded contract shall correspond to the final tender, provided by the winner

Supplier, and the procurement conditions, established in the procurement documents.17.3. When concluding the contract the price of the final proposal and conditions,

established in the proposal and procurement documents (or the conditions, established in the negotiation protocol or in the final proposal) may not be changed.

17.4. The contract shall be signed according to the draft attached in Annex 4 to the Conditions of Survey. The fixed rate contract shall be concluded.

17.5. The execution of the contract shall be ensured by the fine.

XVIII. TERMINATION OF THE PROCUREMENT PROCEDURES

18.1. The Delegated Authority, at any time before the conclusion of the public contract, has the right to terminate the procurement procedures, in case the circumstances arise, that could not have been predicted in advance.

18.2. The Delegated Authority shall not indemnify the Suppliers for any losses, incurred as the result of termination of the procurement procedures.

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Annex 1 to the Conditions of Survey

MOBILE COMMUNICATION AND RELATED SERVICES

TECHNICAL SPECIFICATIONS

I. Subject of Procurement:1.1. Mobile communication and related services: send and receive of voice and data using

mobile communication network. The services are being procured for the needs of the Permanent Representation of Lithuania to the European Union (hereinafter referred to as the Representation) and the Embassy of the Republic of Lithuania to the Kingdom of Belgium (hereinafter referred to as the Embassy).

II. Scope of Services2.1. The Provider shall deliver the following services: voice transmission; sending and

receiving SMS; sending and receiving MMS; data transmission (including mobile internet using regular and smart mobile phones of Contracting Authorities, also portable computers and PC’s); roaming and international communication voice and data transmission; voice mail; call redirecting and enterprise messaging.

2.2. The Provider shall not have the right to limit the scope of the services without prior approval of the Contracting Authorities, i. e. to change minimal or maximal scope limits of the services for an individual subscriber or for all the subscribers of the Contracting Authorities.

2.3. The services shall be procured with respect of the need of the Contracting Authorities. Preliminary scope of the services shall be determined in accordance with a preliminary number of mobile phone communication subscribers. It was 98 mobile communication service subscribers (6 of these belong to the Embassy) in February, 2017.

The estimated preliminary number of mobile phone communication subscribers is 98 (of which 92 belong to the Representation and 6 belong to the Embassy) with a possibility to increase/decrease the number of subscribers by 20 percent. During the validity of the contract, the number of the mobile phone communication subscribers will alternate with the changing number of the employees.

In accordance with the estimated contract, the Supplier (service provider) shall deliver mobile communication services for new mobile communication service subscribers of the Contracting Authorities and take over present mobile communication service subscribers of the Contracting Authorities. The list of the subscribers, who are to be provided with the mobile communication services, shall be submitted as soon as the service contract is signed. In the process of taking over the existing subscribers of the Contracting Authorities from other mobile communication operator, the Supplier shall be obliged to retain the phone numbers in their use without any additional costs.

2.4. During the period of contract validity, the Contracting Authorities shall have the right, within the limits established in Article 2.3 hereby, to change (increase/decrease) the number of subscribers. When the number of subscribers is decreased, increased during the period of contract validity, no sanctions (penalties, fines, etc.) shall be applied to the Contracting Authorities.

2.5. The agreements (if such will be concluded) for all new subscribers of the mobile communication of the Contracting Authorities shall be valid not longer than by the end of the service provision period.

2.6. The present average monthly scope of the mobile communication services used by 98 subscribers of the Contracting Authorities (in accordance with the mean scope of September, October, November, 2016) is submitted hereunder in the Articles 2.6.1 – 2.6.4:

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2.6.1. Voice transmission in Belgium (98 subscribers)

Call directions Minutes/month

Mobile communication operator networks 9700Landline communication 1799

2.6.2. Text messages (SMS) (98 subscribers) Directions of sent text messages Quantity/month

Belgium networks 6919International networks

Europe 1175Rest of the world -

Outgoing roaming messages

Europe 552Rest of the world 53

2.6.3. International calls (98 subscribers, voice transmission)

Country Minutes/month

Afghanistan 0Ireland 0Argentina 0Armenia 0Australia 0Austria 1Azerbaijan 0Belarus 1Brazil 0Bosnia and Herzegovina 0Bulgaria 0Czech Republic 0Denmark 21Egypt 0Estonia 1Greece 0Georgia 0India 0Island 0Spain 1Italy 48Israel 0Japan 0United Kingdom 117

The United States of America 1

13

Jordan 0

Canada 0Kazakhstan 0China 0Cyprus 0Kirgizstan 0Croatia 0Latvia 2Poland 31Lichtenstein 0

Lithuania

Mobile communication operator networks 6464

Land line communication 418Luxemburg 34Malta 0Mexico 0Moldova 1New Zealand 0The Netherlands 58Norway 8Portugal 0France 72Rumania 0Russia 3Slovakia 11Slovenia 0Finland 0Sweden 0Switzerland 4Turkey 0Ukraine 5Vatican 0Hungary 0Germany 44

2.6.4. Roaming communication (98 subscribers, voice transmission)

Country Call direction Minutes/month

Afghanistan All outgoing calls 0All incoming calls 0

Ireland All outgoing calls 0All incoming calls 0

Argentina All outgoing calls 0All incoming calls 0

Armenia All outgoing calls 0

14

All incoming calls 0

Australia All outgoing calls 0All incoming calls 0

Austria All outgoing calls 8All incoming calls 3

Azerbaijan All outgoing calls 0All incoming calls 0

Belarus All outgoing calls 0All incoming calls 0

Brazil All outgoing calls 0All incoming calls 0

Bulgaria All outgoing calls 8All incoming calls 4

Czech Republic All outgoing calls 0All incoming calls 0

Denmark All outgoing calls 0All incoming calls 0

Egypt All outgoing calls 0All incoming calls 0

Estonia All outgoing calls 1All incoming calls 0

Greece All outgoing calls 0All incoming calls 0

Georgia All outgoing calls 1All incoming calls 0

India All outgoing calls 0All incoming calls 0

Island All outgoing calls 0All incoming calls 0

Spain All outgoing calls 12All incoming calls 3

Italy All outgoing calls 18All incoming calls 4

Israel All outgoing calls 0All incoming calls 0

Japan All outgoing calls 0All incoming calls 0

United Kingdom All outgoing calls 0All incoming calls 0

The United States of America

All outgoing calls 0All incoming calls 0

United Arab Emirates All outgoing calls 0All incoming calls 0

Canada All outgoing calls 0All incoming calls 0

Kazakhstan All outgoing calls 0All incoming calls 0

China All outgoing calls 0

15


Cyprus All outgoing calls 0All incoming calls 0

Kirgizstan All outgoing calls 0All incoming calls 0

Croatia All outgoing calls 4All incoming calls 1

Latvia All outgoing calls 1All incoming calls 0

Poland All outgoing calls 20All incoming calls 37

Lichtenstein All outgoing calls 0All incoming calls 0

Lithuania All outgoing calls 109All incoming calls 89

Luxemburg All outgoing calls 175All incoming calls 107

Malta All outgoing calls 1All incoming calls 1

Mexico All outgoing calls 0All incoming calls 0

Moldova All outgoing calls 0All incoming calls 0

New ZealandAll outgoing calls 0All incoming calls 0

The NetherlandsAll outgoing calls 32All incoming calls 30

Norway All outgoing calls 3All incoming calls 1

Portugal All outgoing calls 7All incoming calls 1

France All outgoing calls 30All incoming calls 23

Rumania All outgoing calls 0All incoming calls 0

Russia All outgoing calls 0All incoming calls 0

Slovakia All outgoing calls 101All incoming calls 29

Slovenia All outgoing calls 1All incoming calls 0

Finland All outgoing calls 0All incoming calls 3

Sweden All outgoing calls 0All incoming calls 0

Switzerland All outgoing calls 48All incoming calls 2

Thailand All outgoing calls 0

16


Tanzania All outgoing calls 0All incoming calls 0

Turkey All outgoing calls 2All incoming calls 0

Tunisia All outgoing calls 0All incoming calls 0

Ukraine All outgoing calls 4All incoming calls 5

Vatican All outgoing calls 0All incoming calls 0

Hungary All outgoing calls 0All incoming calls 0

Germany All outgoing calls 9All incoming calls 11

2.7. Requirements for the mobile communication and related services are submitted in Articles 2.8 – 4.9 of the Technical specification and the estimated usage scope of the services is submitted in the tender form of the mobile communication and related services, which is presented in Annex 2 to the Conditions of Survey.

2.8. Requirements for mobile internet service and estimated number of users2.8.1. Number of mobile internet usersAt present, the total number of mobile internet modem users is 6 with the possibility of

increasing/decreasing the number of users by 100 per cent. At present, the total number of mobile internet users, who use regular smart phone, is 92 (with the possibility of increasing/decreasing the number of users by 20 percent).

2.8.2. Plans for mobile internet services (using mobile internet modem or a common mobile phone) in Belgium

Mobile internet plan* Data volume limit

1 GBIncoming and outgoing aggregate data volume not less than 1 GB



*The Contracting Authorities will choose the mobile internet plan for each mobile internet user separately according to the needs from the plans indicated in Table 2.8.2 and 2.9.

If the limit of the plan of an individual mobile internet user is exceeded, the transferred excess data shall be paid by the fact. The data shall be rounded and rated in proportion to the amount of used data at the accuracy 10KB (or less) at the price of data transmission of 1 MB indicated in the tender.

The data transferred by roaming communication shall be rounded and rated in proportion to the amount of used data at the accuracy 100 KB (or less). The data transferred by roaming communication shall be paid by the fact in accordance with the tariffs not larger than the price of data transmission of 1 MB indicated in the tender.

17

2.9. Roaming communication data service plans using smartphone compatible with the software operational presently at the Contracting Authorities. Estimated preliminary number of users is 6 (with the possibility of increasing/decreasing the number of users by 100 per cent).

Roaming communication data plan* Data volume

250 MBRoaming Internet Europe. Incoming and outgoing aggregate data volume not less than 250 MB

500 MBRoaming Internet Europe. Incoming and outgoing aggregate data volume not less than 500 MB

100 MBRoaming Internet World. Incoming and outgoing aggregate data volume not less than 100 MB

The data shall be invoiced and rounded in proportion to the amount of used data at the accuracy 10 KB (or less).

If the data plan limit of an individual mobile internet user is exceeded, the transferred excess data shall be paid by the fact and at the price of data transmission of 1 MB indicated in the tender that is applied when the chosen roaming communication data plan is exceeded.

2.10. Enterprise messaging service:Providing the possibility for two dedicated Administrators of the Contracting Authorities to

send the SMS messages to all subscribers at once, using web based application.

III. Duration of the ServicesIn accordance with the present procurement, the validity of the contract – 24 months. The

agreements (if such will be concluded) for all new subscribers of the mobile communication of the Contracting Authorities shall be valid not longer than by the end of the service provision period.

IV. Conditions (requirements) for the Services to be providedService Area

Service indicator (parameter)

Requirement

4.1. Mobile GSM communication voice transfer service Rounding of conversation time after the first minute of conversation

Not larger than 30 seconds

Connection rate None

Calls among subscribers of the Contracting Authorities using the services of service provider network

No charge

Tariff differentiation Applied tariffs do not depend on the time of the day, the weekday.

Mobile communication local calls’ tariffs to all mobile communication networks in Belgium

Mobile communication local calls’ tariffs to all mobile communication networks in Belgium shall be the same.

Mobile communication local calls’ tariffs to all landline communication networks in Belgium

Mobile communication local calls’ tariffs to all landline communication networks in Belgium shall be the same (except for the calls to increased tariff lines, for which shall be applied special determined tariffs)

International and roaming communication activation for new

Automatic

18

subscribersConnection of the subscribers of the Contracting Authorities with fire protection, police and ambulance

No charge

4.2. Text messaging serviceSending text messages among the Contracting Authorities subscribers using the service of the service provider network

No charge

Sending text messages in the Belgian mobile communication networks

Tariffs of sending text messages to all mobile communication networks in Belgium shall be the same

4.3. Data transfer to smartphonesData transfer channels GSM data channel and the internetScope of the service Volume of transferred data in Belgium shall not be limited

without approval of the Contracting AuthoritiesConnection of roaming communication for new subscribers

Automatic

4.4. Data transfer for regular mobile communication phone holdersData transfer sources Data received from the servers of the Contracting

Authorities or public electronic information access pointsData transfer channels GSM data channel or the internetData transfer among IT systems of Contracting Authorities and regular mobile phones

Two-way data transfer shall be ensured among the mailing systems Microsoft® Exchange 2003, 2007, 2010 of the Contracting Authorities (existing in the organization offices and protected by firewalls and other electronic means of protection) and regular mobile communication phones.

Scope of service Volume of transferred data in Belgium shall not be limited without approval of the Contracting Authorities.

Connection of roaming communication for new subscribers

Automatic

4.5. Management of mobile communication services and troubleshootingHelp for users Free-of-charge consulting of the service users on all

service-related issues via a dedicated phone number or e-mail address.

Service restrictions (limitations), service orders or rejections by the mobile communication service subscribers of the Contracting Authorities.

The service provider shall provide for the possibility for an authorized person of the Contracting Authorities to perform these functions independently by using the internet browser or special software provided by the service provider, by a special dedicated phone number or a Lithuanian or English speaking manager appointed for servicing the contract.

SIM card blocking The service provider shall provide for the possibility for an authorized person of the Contracting Authorities to perform these functions independently by using the internet browser or special software provided by the service

19

provider, by a special dedicated phone number or a Lithuanian or English speaking manager appointed for servicing the contract.

SIM card exchange and activation Exchange of damaged or lost SIM cards, activation of a new SIM card connecting new subscribers of the organization, transfer of a damaged SIM card number to a new SIM card, hand-over of 20 non-active SIM cards to an authorized person of the Contracting Authorities – with no additional costs.

SIM card activation Not later than two working days from the notification by a person authorized by the Contracting Authorities.

SIM card temporary deactivation. Possibility to deactivate SIM cards temporarily (within the limits established in Technical Specification Article 2.3) with no subscriptions and (or) other charges related to SIM cards

Term of network troubleshooting No longer than 6 hoursTermination of services due to the provider’s fault

No longer than 20 min per month.

Office of mobile communication customer service and trouble registration

Active 24/7 (with a publicly announced phone number) that promptly solves subscribers’ service problems and keeps record of failures.

Information of the Contracting Authorities about the events due to which the mobile phone communication coverage or quality may be changed

Information:1. after occurrence of failure;2. not later than 48 hours prior to the planned works in the service provider’s mobile communication network

4.6. Payment planTariffs of mobile communication and related services (indicated in the service provider’s tender)

The same for all the mobile communication subscribers of the Contracting Authorities

4.7. ReportsDetailed reports of calls General and detailed subscribers’ reports shall be

submitted monthly by e-mail to authorized person/-s of the Contracting Authorities in an electronic format approved by the Contracting Authorities.

Composition of detailed reports Local, international and roaming calls, use of data transfer service and its scope by each country (if it is a roaming service), in which the subscribers used the service.

Content of detailed reports Report shall include: called number; date of the call and data transfer; data volume; conversation duration; call charge.

Charge for detailed reports. No charges shall be applied for detailed reports submitted in electronic format.

4.8. Enterprise messaging serviceSending domestic SMS messages among the Contracting Authorities subscribers using web service based application

Access for two dedicated administrators of the Contracting Authorities simultaneously.

Service possiblities Manageable user address book, messages templates, scheduling, online reports.

4.9. Other requirementsContinuous use of mobile 24 hours per day, 7 days per week.

20

communication services within network territoryAdditional equipment All mobile communication services shall be provided with

no additional investments of the Contracting Authorities. All the equipment needed and its installation shall be ensured by the funds of the service provider.

The services offered shall be in full compliance with the technical requirements indicated in the procurement documentation.

21


TENDER

PUBLIC PROCUREMENT OF MOBILE COMMUNICATION AND RELATED SERVICES

___________________

(Date)____________________

(Place)Name of the Supplier(if the Supplier is a group of economic entities, the following should be stated: - a group of economic entities, acting on the basis of a joint activity agreement, consisting of (list of the names of all economic entities); (hereinafter referred to as the Supplier), represented by the responsible partner (the name of the responsible partner),The address of the Supplier (if the Supplier is a group of economic entities, addresses of all the partners must be listed)Name of the person, responsible for the TenderThe telephone number of the person, responsible for the TenderThe fax number of the person, responsible for the TenderThe electronic mail address of the person, responsible for the Tender

1. By this Tender we represent, that we agree to all the conditions of procurement, stated in the Conditions of Survey and other procurement documents (their explanations, supplements and clarifications).

2. We inform that we have employed the following subcontractors for execution of the public contract*:

No. Name of the subcontractor Description of the functions performed by subcontractor

*To be filled in case the Supplier employs subcontractors for performance of the public contract

3. We inform that the Tender also contains confidential information**:

No. Name of the document Page/pages of the document and the references to the confidential information

22

** To be filled in case confidential information is provided. The Supplier may not state that the confidential information is the price of the offer or that the entire Tender is confidential.

4. In case the Supplier does not provide any Statement of Confidentiality with regard to the information, provided in the Tender, the Tender shall be held free of confidential information.

5. We offer the following mobile communication and related services that meet the requirements set out in the procurement documents:

Notes:1. While filling out the tables (5.1 – 5.8), the charges are given without VAT.2. Estimated preliminary quantities given in tables 5.1-5.8 have been

calculated for 98 mobile communication users and are meant for the comparison of tender prices, while the services will be paid for in accordance with actual quantity.

5.1. Voice transmission in BelgiumSymbols Call directions Preliminary duration

of subscribers calls in minutes per month

Charge per minute, EUR without VAT

Charge, EURper month

without VAT

1 2 3 4 5=3x4

A1

Mobile communication operator networks

9700

A2Land line communication 1799

A Comparative price for calls in Belgium in all calling directions per month (A1+A2)

All prices in column No 5 shall be rounded to two numbers after a comma

5.2 Text messages

Symbols Sent text message directions

Preliminary number of text messages per

month

Charge for one text message, EUR without

VAT

Charge, EURper month

without VAT

1 2 3 4 5=3x4B1 Belgium networks 6919B2

International networks

Europe 1175

B3Rest of the world 1

B4 Outgoing roaming messages

Europe 552

B5Rest of the world 53

B Comparative price for text messages in all sent message directions per month (B1+B2+B3+B4+B5)


23

5.3. International callsSymbols Country Preliminary

duration of subscribers calls in minutes per

month

Charge per minute, EUR without VAT

Charge, EUR

per month without

VAT

1 2 3 4 5=3x4C1 Afghanistan 1C2 Ireland 1C3 Argentina 1C4 Armenia 1C5 Australia 1C6 Austria 1C7 Azerbaijan 1C8 Belarus 1C9 Brazil 1C10 Bosnia and Herzegovina 1C11 Bulgaria 1C12 Czech Republic 1C13 Denmark 21C14 Egypt 1C15 Estonia 1C16 Greece 1C17 Georgia 1C18 India 1C19 Island 1C20 Spain 1C21 Italy 48C22 Israel 1C23 Japan 1C24 United Kingdome 117

C25 The United States of America

1

C26 Jordan 1C27 Canada 1C28 Kazakhstan 1C29 China 1C30 Cyprus 1C31 Kirgizstan 1C32 Croatia 1C33 Latvia 2C34 Poland 31C35 Lichtenstein 1

C36Lithuania (Mobile communication operator networks) 6464

24

C37 Lithuania (Landline communication) 418

C38 Luxemburg 34C39 Malta 1C40 Mexico 1C41 Moldova 1C42 New Zealand 1C43 The Netherlands 58C44 Norway 8C45 Portugal 1C46 France 72C47 Rumania 1C48 Russia 3C49 Slovakia 11C50 Slovenia 1C51 Finland 1C52 Sweden 1C53 Switzerland 4C54 Turkey 1C55 Ukraine 5C56 Vatican 1C57 Hungary 1C58 Germany 44

C Comparative price for international conversations in all calling directions per month (C1+C2+C3+C4+......+C58)

All prices in column No 5 shall be rounded to two numbers after a comma*For countries not indicated in the table (5.3. International calls) the service charge does not exceed the tariffs applied by the service provider to business companies.

5.4. Roaming communication

Symbols Country Call direction

Preliminary duration of

subscribers calls in minutes per

month

Charge per

minute, EUR

without VAT

Charge, EURper

month without

VAT

1 2 3 4 5 6=4x5D1 Afghanista

nAll outgoing calls 1

D2 All incoming calls 1D3 Ireland All outgoing calls 1D4 All incoming calls 1D5 Argentina All outgoing calls 1D6 All incoming calls 1D7 Armenia All outgoing calls 1D8 All incoming calls 1D9 Australia All outgoing calls 1

25

D10 All incoming calls 1D11 Austria All outgoing calls 8D12 All incoming calls 3D13 Azerbaijan All outgoing calls 1D14 All incoming calls 1D15 Belarus All outgoing calls 1D16 All incoming calls 1D17 Brazil All outgoing calls 1D18 All incoming calls 1D19 Bulgaria All outgoing calls 8D20 All incoming calls 4D21 Czech

RepublicAll outgoing calls 1

D22 All incoming calls 1D23 Denmark All outgoing calls 1D24 All incoming calls 1D25 Egypt All outgoing calls 1D26 All incoming calls 1D27 Estonia All outgoing calls 1D28 All incoming calls 1D29 Greece All outgoing calls 1D30 All incoming calls 1D31 Georgia All outgoing calls 1D32 All incoming calls 1D33 India All outgoing calls 1D34 All incoming calls 1D35 Island All outgoing calls 1D36 All incoming calls 1D37 Spain All outgoing calls 12D38 All incoming calls 3D39 Italy All outgoing calls 18D40 All incoming calls 4D41 Israel All outgoing calls 1D42 All incoming calls 1D43 Japan All outgoing calls 1D44 All incoming calls 1D45 United

KingdomAll outgoing calls 1

D46 All incoming calls 1

D47 United States of America

All outgoing calls1

D48 All incoming calls 1D49 United

Arab Emirates

All outgoing calls 1

D50 All incoming calls1

D51 Canada All outgoing calls 1D52 All incoming calls 1D53 Kazakhstan All outgoing calls 1D54 All incoming calls 1D55 China All outgoing calls 1

26

D56 All incoming calls 1D57 Cyprus All outgoing calls 1D58 All incoming calls 1D59 Kirgizstan All outgoing calls 1D60 All incoming calls 1D61 Croatia All outgoing calls 4D62 All incoming calls 1D63 Latvia All outgoing calls 1D64 All incoming calls 1D65 Poland All outgoing calls 20D66 All incoming calls 37D67 Lichtenstei

nAll outgoing calls 1

D68 All incoming calls 1D69 Lithuania All outgoing calls 109D70 All incoming calls 89D71 Luxemburg All outgoing calls 175D72 All incoming calls 107D73 Malta All outgoing calls 1D74 All incoming calls 1D75 Mexico All outgoing calls 1D76 All incoming calls 1D77 Moldova All outgoing calls 1D78 All incoming calls 1D79 New

ZealandAll outgoing calls 1

D80 All incoming calls 1D81 The

NetherlandsAll outgoing calls 32

D82 All incoming calls 30D83 Norway All outgoing calls 3D84 All incoming calls 1D85 Portugal All outgoing calls 7D86 All incoming calls 1D87 France All outgoing calls 30D88 All incoming calls 23D89 Rumania All outgoing calls 1D90 All incoming calls 1D91 Russia All outgoing calls 1D92 All incoming calls 1D93 Slovakia All outgoing calls 101D94 All incoming calls 29D95 Slovenia All outgoing calls 1D96 All incoming calls 1D97 Finland All outgoing calls 1D98 All incoming calls 3D99 Sweden All outgoing calls 1D100 All incoming calls 1D101 Switzerland All outgoing calls 48D102 All incoming calls 2D103 Thailand All outgoing calls 1

27

D104 All incoming calls 1D105 Tanzania All outgoing calls 1D106 All incoming calls 1D107 Turkey All outgoing calls 2D108 All incoming calls 1D109 Tunisia All outgoing calls 1D110 All incoming calls 1D111 Ukraine All outgoing calls 4D112 All incoming calls 5D113 Vatican All outgoing calls 1D114 All incoming calls 1D115 Hungary All outgoing calls 1D116 All incoming calls 1D117 Germany All outgoing calls 9D118 All incoming calls 11

D Comparative price for roaming conversations in all calling directions per month (D1+D2+D3+D4+......+D118)

All prices in column No 6 shall be rounded to two numbers after a comma*For countries not indicated in the table (5.4. Roaming communication) the service charge does not exceed the tariffs applied by the service provider to business companies.

5.5 Mobile internet

Symbols Mobile internet plan

Measurement unit

Preliminary quantity per month

Charge for one

subscriber per month,

EUR without VAT /price for 1 MB,

EUR without VAT

Charge, EUR per

month without

VAT

1 2 3 4 5 6=4x5E1 1 GB on Belgium territory subscriber 22E2 2 GB on Belgium territory subscriber 69E3 5 GB on Belgium territory subscriber 4E4 Charge for excess of a

chosen mobile internet plan in Belgium territory

MB 100

E5 Charge for data transmission without data transmission plan E1, E2, E3 in Belgium territory

MB 100

E Comparative price for mobile internet per month (E1+E2+E3+E4+E5)


5.6 Subscription for Europe and rest of the world roaming data transmission for smartphones

28

Symbols Data transmission serviceMeasureme

nt unit

Preliminary quantity per

month

Charge for one subscriber per month, EUR

without VAT / price for 1MB, EUR without

VAT

Charge per

month, EUR

without VAT

1 2 3 4 5 6=4x5F1 Roaming Internet Europe.

Incoming and outgoing aggregate data volume not less than 250 MB

subscriber 2

F2 Charge for excess of a chosen data transmission plan F1 in whole Europe

MB 10

F3 Roaming Internet Europe. Incoming and outgoing aggregate data volume not less than 500 MB

subscriber 3

F4 Charge for excess of a chosen data transmission plan F3 in whole Europe

MB 10

F5 Roaming Internet World. Incoming and outgoing aggregate data volume not less than 100 MB

subscriber 1

F6 Charge for excess of a chosen data transmission plan F5 in whole world

MB 10

F Comparative price for roaming data transmission per month (F1+F2+F3+F4+F5+F6)


5.7 Subscription

Symbols Subscription fee Measurement unit

Preliminary quantity

Charge for one subscri

ber, EUR

without VAT

Charge per

month, EUR

without VAT

1 2 3 4 5 6=4x5G1 Monthly subscription of mobile

communication service subscriber 98

G Comparative price for subscription of mobile communication service per month (G1)


5.8 Enterprise messaging serviceSymbols Subscription fee Measurement Preliminary Charge Charge

29

unit quantity

for one subscriber, EUR without

VAT

per month, EUR

without VAT

1 2 3 4 5 6=4x5H1 Monthly subscription of

enteprise messaging service subscriber 1

H2 SMS message message 3H Comparative price for subscription of enterprise messaging service per

month (H1+H2)All prices in column No 6 shall be rounded to two numbers after a comma

5.9 Total comparative price for services for 24 months No Name Price per

month, EURNumber of months

Total price, EUR*

1 2 3 4 5=3x41 Total comparative tender price without VAT

(summarized services and fees, indicated in Articles 5.1.–5.8. (A+B+C+D+E+F+G+H)

24

2 VAT**

3 Total comparative tender price, including VAT**

(Total price, indicated in column No 5, line No 1, plus VAT**)* All prices in column No 5 shall be rounded to two numbers after a comma** Following the Lithuanian and Belgian law the Contracting Authorities is exempted from payment of VAT (0 VAT). If the Supplier uses a different tariff of VAT in the Tender, the VAT is not paid or is reimbursed.

All Supplier’s expenses and taxes are included into the Tender price.

6. The offered services are in full compliance with the Technical specification indicated in the procurement documentation:

Service indicator (parameter)

Requirement Offered indicator value

6.1. Mobile GSM communication voice transfer service6.1.1. Rounding of conversation time after the first minute of conversation

Not larger than 30 seconds

6.1.2. Connection rate None

6.1.3. Calls among subscribers of the Contracting Authorities using the services of service provider network

No charge

6.1.4. Tariff differentiation Applied tariffs do not depend on

30

the time of the day, the weekday. 6.1.5. Mobile communication local calls’ tariffs to all mobile communication networks in Belgium

Mobile communication local calls’ tariffs to all mobile communication networks in Belgium shall be the same.

6.1.6. Mobile communication local calls’ tariffs to all landline communication networks in Belgium

Mobile communication local calls’ tariffs to all landline communication networks in Belgium shall be the same (except for the calls to increased tariff lines, for which shall be applied special determined tariffs)

6.1.7. International and roaming communication activation for new subscribers

Automatic

6.1.8. Connection of the subscribers of the Contracting Authorities with fire protection, police and ambulance

No charge

6.2. Text messaging service6.2.1. Sending text messages among the Contracting Authority’s subscribers using the service of the service provider network

No charge

6.2.2. Sending text messages in the Belgian mobile communication networks

Tariffs of sending text messages to all mobile communication networks in Belgium shall be the same

6.3. Data transfer to smartphones6.3.1. Data transfer channels GSM data channel and the

internet6.3.2. Scope of the service Volume of transferred data in

Belgium shall not be limited without approval of the Contracting Authorities.

6.3.3. Connection of roaming communication for new subscribers

Automatic

6.4. Data transfer for regular mobile communication phone holders6.4.1. Data transfer sources Data received from the servers

of the Contracting Authorities or public electronic information access points

6.4.2. Data transfer channels GSM data channel or the internet6.4.3. Data transfer among IT Two-way data transfer shall be

31

systems of Contracting Authorities and regular mobile phones

ensured among the mailing systems Microsoft® Exchange 2003, 2007, 2010 of the Contracting Authorities (existing in the organization offices and protected by firewalls and other electronic means of protection) and regular mobile communication phones.

6.4.4. Scope of service Volume of transferred data in Belgium shall not be limited without approval of the Contracting Authorities

6.4.5. Connection of roaming communication for new subscribers

Automatic

6.5. Management of mobile communication services and troubleshooting6.5.1. Help for users Free-of-charge consulting of the

service users on all service-related issues via a dedicated phone number or e-mail address.

6.5.2. Service restrictions (limitations), service orders or rejections by the mobile communication service subscribers of the Contracting Authorities.

The service provider shall provide for the possibility for an authorized person of the Contracting Authorities to perform these functions independently by using the internet browser or special software provided by the service provider, by a special dedicated phone number or a Lithuanian or English speaking manager appointed for servicing the contract.

6.5.3. SIM card blocking The service provider shall provide for the possibility for an authorized person of the Contracting Authorities to perform these functions independently by using the internet browser or special software provided by the service provider, by a special dedicated phone number or a Lithuanian or English speaking manager appointed for servicing the contract.

6.5.4. SIM card exchange and activation

Exchange of damaged or lost SIM cards, activation of a new SIM card connecting a new subscribers of the organization, transfer of a damaged SIM card number to a new SIM card,

32

hand-over of 20 non-active SIM cards to an authorized person of the Contracting Authorities – with no additional costs.

6.5.5. SIM card activation Not later than two working days from the notification by a person authorized by the Contracting Authorities.

6.5.6. SIM card temporary deactivation.

Possibility to deactivate SIM cards temporarily (within the limits established in Technical Specification Article 2.3) with no subscriptions and (or) other charges related to SIM cards.

6.5.7. Term of network troubleshooting

No longer than 6 hours

6.5.8. Termination of services due to the provider’s fault

No longer than 20 min per month.

6.5.9. Office of mobile communication customer service and trouble registration

Active 24/7 (with a publicly announced phone number) that promptly solves subscribers’ service problems and keeps record of failures.

6.5.10. Information of the Contracting Authorities about the events due to which the mobile phone communication coverage or quality may be changed

Information:1. after occurrence of failure;2. not later than 48 hours prior to the planned works in the provider’s mobile communication network

6.6. Payment plan6.6.1 Tariffs of mobile communication and related services (indicated in the provider’s offer)

The same for all the mobile communication subscribers’ of the Contracting Authorities

6.7. Invoices and reports6.7.1. Detailed reports of calls General and detailed

subscribers’ reports shall be submitted monthly by e-mail to authorized person/-s of the Contracting Authorities in an electronic format approved by the Contracting Authorities.

6.7.2. Composition of detailed reports

Local, international and roaming calls, use of data transfer service and its scope by each country (if it is a roaming service), in which the subscribers’ used the service.

6.7.3. Content of detailed reports Report shall include: called number; date of the call and data transfer; data volume; conversation duration; call charge.

6.7.4. Charge for detailed reports. No charges shall be applied for

33

detailed reports submitted in electronic format.

6.8. Enterprise messaging service6.8.1. Sending domestic & Inernational SMS messages among the Contracting Authorities subscribers using web service based application

Access for two dedicated administrators of the Contracting Authorities simultaneously.

6.8.2. Service possiblities Manageable user address book, messages templates, scheduling, online reports.

6.9. Other requirements6.9.1 Continuous use of mobile communication services within network territory

24 hours per day, 7 days per week.

6.9.2 Additional equipment All mobile communication services shall be provided with no additional investments of the Contracting Authorities. All the equipment needed and its installation shall be ensured by the funds of the service provider.

7. The Tender is valid till the deadline, stated in the procurement documents.

8. The Tender is accompanied by the following documents:

No. Name of provided document Number of pages

9. The contract of mobile communication and related services shall be signed according to the draft attached in Annex 4 to the Conditions of Survey.

_______________________________________________________ (Name, position and signature of the Supplier or its authorized person)

34


(Supplier’s Declaration)

(Blazon or trademark)(Name of the Supplier)

(The legal form, headquarters and contact details of the legal person, the name of the register, storing the data on the Supplier, the legal person’s registration number, the value added tax number,

in case the legal person is a payer of the value added tax)

Permanent Representation of Lithuaniato the European Union

THE SUPPLIER’S DECLARATION _____________ No.______

(date)_____________

(place)Hereby I, ______________________________________________________________ ,

(name and title of the head of the Supplier or his/her authorized person)confirm that ________________________________________________________________ ,

(name of the Supplier) headed/represented by me, participating in the procurement (method of written survey) of mobile communication and related services,

performed by the Permanent Representation of Lithuania to the European union,is not bankrupt, liquidated, no reconciliation agreement has been concluded to the benefit of its creditors, the Supplier has not suspended or restricted its activities and its status is not similar according to the laws of the country, in which it is registered. No restructuring, bankruptcy case are commenced with regard to the Supplier, the Supplier is not the subject of extrajudicial proceedings for a declaration of bankruptcy, currently being under forced liquidation or reaching agreements with its creditors and no analogical procedures are being performed with regard to the Supplier according to the laws of the country, in which it is registered.

I am aware that in case the provided Declaration is false, the provided Tender shall be rejected.

The Supplier is liable for the correctness of the information, provided in the Declaration according to the procedure, prescribed by the laws.

In case a group of economic entities participates in the procurement, the Declaration shall be filled by each economic entity in the group.

(Title of the person, filling the Declaration)

(Signature) (Name, surname)

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DRAFT OF THE PUBLIC SALE-PURCHASE CONTRACT

CONTRACT No ________________ OF PUBLIC SALE-PURCHASE OF MOBILE COMMUNICATION AND RELATED SERVICES

______________, 2017Brussels

The Client – __________, address of residence Rue Belliard 41-43, 1040 Brussels, Belgium, represented by _____________________, authorized by the law,

AndThe Provider of services – _____________, address of residence _________________,

code of the company __________, represented by ____________________, authorized by ___________________,

Both together hereinafter referred to as the Parties, each of them – Party, conclude this contract of public sale-purchase of mobile communication and related services, hereinafter referred to as the Contract:

1. Subject of the Contract

1.1. According to this Contract the Provider of services undertakes to provide to the Client mobile communication and related services (hereinafter referred to as the Services) and the Client undertakes to pay for the duly provided Services as it is set out in the Contract.

1.2. The Client shall buy the Services according to its own needs. The detailed specifications and scope of the Services are determined in the Technical Specification (Annex 1 to the Contract).

2. Rights and obligations of the Parties

2.1. The Provider of services undertakes to:2.1.1. Ensure that the Services provided are in compliance with the provisions of the

Contract;2.1.2. Provide the Services to the Client under the Contract at its own risk and account in

proper and effective manner by following (but not limited to) the highest generally accepted professional standards and practice;

2.1.3. Immediately inform the Client in written in case any circumstances under which proper provision of Services is or may be interrupted in accordance with established terms and conditions, and without delay to eliminate Service defects, which occur due to the fault of the Provider of services;

2.1.4. Ensure confidentiality and protection of information obtained from the Client during the execution of the Contract and related thereto;

2.1.5. Have all permissions, licenses and authorizations necessary for the provision of Services as provided for by the laws;

2.1.6. Start the provision of Services for new subscribers of the Client and port in present subscribers of the Client not later than 14 days after conclusion hereof. Before starting the Services the present subscribers of the Client are ported out of the other operator without any disturbance (if applicable). The Provider of services shall be obliged to retain the phone numbers in their use without any additional costs;

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2.1.7. Submit to the Client monthly reports of the provided Services as it is set out in the Technical specifications (Annex 1 to the Contract);

2.1.8. Properly execute all other obligations established in the Contract and in legal acts in force.

2.2. Rights of the Provider of services:2.2.1. The Provider of services has a right to receive the payment for the duly provided

Services as it is established in the Contract;2.2.2 The Provider of services has a right to engage third parties (this condition applies if the

Tender (Annex 2 to the Contract) refers to subcontractors he intends to use):2.2.2.1. Agreement under which the Provider of services part of his obligations under the

Contract rely on the execution of third parties is considered to be sub-contractors agreement. Such an agreement must be in writing. The Provider of services for the performance of the Contract must include only those subcontractors who are provided in the Tender of the Provider of the Services (Annex 2 to the Contract);

2.2.2.2. During the time period of validity of the Contract, when the subcontractors inadequate performs the obligations to the Provider of services, as well as in the case when the subcontractors fail to fulfil their obligations to the Provider of services due to restructuring or bankruptcy proceedings, as well as the bankruptcy procedure is carried out of court, due to procedure, initiated by the forced liquidation or arrangement with creditors or have undertaken similar procedures against them, the Provider of services may change subcontractors. The Provider of services has to inform the Client about that in written in advance stating the reasons and the prospective subcontractors. Changing the subcontractors is formalized by both Parties signing the agreement. This agreement is an integral part of the Contract.

2.2.2.3. Subcontracting does not create contractual relations between the Client and sub-contractor. The Provider of services is fully responsible for his sub-contractor’s actions or inactions.

2.2.3. The Provider of services has all other rights set out in the Contract and the laws.

2.3. The Client undertakes to:2.3.1. Pay for the Services as it is specified in the Contract;2.3.2. Notify the Provider of services on any defect of the Services;2.3.3. Properly execute all other obligations established in the Contract and in legal acts in

force.

2.4. Rights of the Client:2.4.1. The Client has a right to change (increase/decrease as it is set in the Technical

specification (Annex 1 to the Contract) the number of subscribers according to its own needs;2.4.2. The Client has all other rights set out in the Contract and the laws.

3. Price of the Services and payment conditions

3.1. The Client pays for the duly provided Services according to the prices (charges) set out in the Tender of the Provider of services (Annex 2 to the Contract). The prices include all costs of the Provider of services. For an incomplete month payments for the respective Services shall be paid in proportion to the number of days of provided Services.

3.2. Prices, indicated in the Tender of the Provider of services (Annex 2 to the Contract), for the entire duration of the Contract shall not be recalculated on the bases of general price level changes. Respective changes (increase/decrease) to the prices may be made in case of change of the legal acts on value added tax (VAT), if those changes have a direct impact on the prices. Should the need of recalculation of the prices due to abovementioned reason occur, the prices of the Services shall be re-calculated following the below-enlisted procedure:

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3.2.1. The prices shall be respectively re-calculated within a reasonable term at the initiative of any Party;

3.2.2. Due to the change of the VAT rate, the prices shall be re-calculated only for those Services the cost of which is impacted by the changed tax;

3.2.3. The prices shall be re-calculated based on the ratio of the change in the VAT rate;3.2.4. The same procedure shall be applied in both cases, when the prices are increased due

to the tax growth and when the prices are reduced due to the diminished tax;3.2.5. The re-calculated prices shall be applied only to those Services the invoice for which

is issued after the term of validation of the new VAT rate;3.2.6. The Parties shall formalize the change of the prices in written contract that shall be

deemed as an integral part hereof.3.3. Payments shall be held monthly according to the invoices. Payments shall be paid for

the last month actually provided Services to the Client. The Client undertakes to pay the invoice within 14 (fourteen) calendar days from the date of its receipt.

4. Liability of the Parties

4.1. The Parties undertake to perform their obligations duly and honestly and to restrain themselves from any actions or inactions which could cause any harm to each other.

4.2. In case the Client for its own fault during the Contract period in time did not transfer the payment to the Provider’s of services bank account indicated in the Contract or has failed to fulfil any other financial obligation hereunder, the Provider of services, after warning in written the Client, has the right to start the calculation of Client’s fine constituting 0.02 (two hundredth) per cent of the amount of the Client indebtedness for each day of delay.

4.3. If the Provider of services does not provide Services in contractual terms and/or provides low quality Services, the Client, after warning the Provider of services in written, has the right to start the calculation of fine constituting 0.02 (two hundredth) per cent of the total comparative Tender price (Annex 2 to the Contract) for each day of delay.

5. Information and Correspondence

5.1. Any notices, information or other correspondence specified in the Contract shall be in writing and sent by registered mail, by fax, via courier, by e-mail or as additionally agreed upon by the Parties. If correspondence is sent via courier, by fax or by e-mail, the date of sending shall be registered as the day of receipt; if correspondence is sent by registered mail, the date of sending shall be registered as the tenth working day after the correspondence is sent.

5.2. The Parties are obliged to inform each other about the changes of their address or fax number, data of the bank account or other related information not later than within 2 (two) working days. Should one of the Parties fail to fulfil this requirement, no claims, stating that the actions performed by another Party and based on the latest available data do not correspond to the terms and conditions of the Contract or that no notice sent in accordance with this data has been received, shall be accepted on its behalf.

6. Force Majeure

6.1. The Parties are released from responsibility for non-fulfilment or improper fulfilment of the obligations under the Contract, if the non-fulfilment or improper fulfilment takes place due to the circumstances of force majeure.

6.2. The Party successfully invoking force majeure clause shall give notice to the other Party of any such force majeure circumstance not later than within 1 (one) working day from the rise or emergence of such circumstances. If the Party fails to notify properly of the force majeure

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circumstance, it will be released of duties and responsibilities under the Contract only from the moment of submission of such notice to the other Party.

6.3. If due to force majeure the Party cannot fulfil its obligations under the Contract for more than 15 (fifteen) calendar days, the other Party has the right to terminate the Contract unilaterally after paying fully for everything that was received under the Contract.

7. Procedure for Amendment and Termination of the Contract

7.1. The terms and conditions of the Contract during its validity period may not be changed, except for those terms and conditions of the Contract the amendment thereof would not violate the principles and goals set forth in the Law of the Republic of Lithuania on Public Procurement. Any amendment of the Contract shall be made in written.

7.2. The Contract may be terminated:7.2.1. Under the written agreement of the Parties if any circumstances which could not be

foreseen in advance appear;7.2.2. In case the Party fails to comply with its obligations under the Contract for more than

20 (twenty) calendar days after the date of receipt a written notice of the other Party. In that case the 21st day after the receipt of a written notice shall be considered as the Contract termination date;

7.2.3. In other cases established by the Contract.7.3. The Client, warned the Provider of services before 14 (fourteen) calendar days, has the

right to terminate the Contract, without sacrificing its other remedies, if the Provider of services is liquidated, suspended business activities, the Provider of services is the subject of the bankruptcy proceedings or it is the similar situation in accordance with law results and this may affect the proper performance of the Contract. The Provider of services undertakes to inform the Client in written promptly, but not later than within 5 (five) working days on the opening of proceedings against him.

7.4. Upon the termination of the Contract, the Parties must settle all payments with each other.

8. Validity of the Contract

8.1. The Contract shall enter into force after its signing by both Parties.8.2. The validity of the Contract – 24 months from the day the Contract enters into force.

The total value of the Contract during its entire period of validity cannot exceed _____________ Eur (VAT 0) (the value will be filled in when concluding the Contract).

9. Dispute Resolution

The Parties agree that all disputes, claims and controversies arising out of the execution, breach, termination or invalidity of the Contract shall be resolved by mutual negotiation. Should the Parties fail to find a mutual agreement through negotiation within 30 (thirty) calendar days from the date when the first Party receives the written notice to enter into negotiations from the other Party, the disputes shall be resolved according to the legal acts.

10. Final Provisions

10.1. All amendments of the Contract and its Annexes are an inseparable part of the Contract.

10.2. Neither this Contract nor any rights or responsibilities arising from this Contract can be transferred to a third party without the prior written consent of the other Party.

10.3. The Contract is concluded in ___________ (Lithuanian or Lithuanian and English) in two copies of equal legal force, one copy for the Client and one copy for the Provider of services.

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In case of any conflict between the wordings of the Contract in Lithuanian and in English, the wording in Lithuanian shall prevail (in case the Contract is concluded in Lithuanian and English).

10.4. The Contract is signed by the legally authorized representatives of the Parties and approved by seal (if the legal entity is required to have it).

11. Annexes to the Contract

11.1. Annexes to the Contract:11.1.1. Conditions of Survey together with annexes, explanations (specifications) of the

Conditions of Survey and the replies to the Suppliers’ questions (if any) – Annex 1;11.1.2. Tender of the Provider of services – Annex 2;11.1.3. General terms and conditions of the Provider of services – Annex 3 (if applicable).11.2. In case of any conflict and/or discrepancy between the Annexes to the Contract, Annex

1 shall prevail over Annex 2 and Annex 3, and Annex 2 shall prevail over Annex 3.

12. Information and Signatures of the Parties

The Client The Provider of services

_____________________ __________________________Rue Belliard 41-43, __________________________1040 Brussels, Belgium __________________________Phone _______________ Phone ____________________E-mail ______________ E-mail ____________________Fax _________________ Fax ______________________ING bank ____________ Bank _____________________Account No. __________ Account No. _______________

_____________________ __________________________(Position, name, surname) (Position, name, surname)

______________________ __________________________(Signature) (Seal) (Signature) (Seal)

_____________________ _________________________(Date) (Date)

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