MI-CFT26-031 Underwater Particle Imaging Instrument

AI-generated analysis of the documents. Check the official notice and any amendments for current submission details.

1. At a glance

2. Scope of Work

This tender seeks the supply of an underwater particle imaging instrument. The contract involves the sale and purchase of specified goods. The Contractor will supply the instrument in accordance with the Specification, the Request for Tenders (RFT), the Client's directions, and the terms of the Agreement. The Contractor must comply with any policies, guidelines, or project governance protocols issued by the Marine Institute. They must also adhere to local security and health and safety arrangements.

The Contractor is responsible for ensuring the Goods are supplied in accordance with good industry practice and all applicable laws, including environmental, social, and labour law established by EU and national law, and international conventions. The Contractor is the prime contractor and assumes full responsibility for all obligations under the Agreement, including liability for its subcontractors.

Key activities and requirements include:

• Delivery: The Contractor shall deliver the Goods at the time(s), to the location(s), and on the date(s) specified in the Specification or otherwise agreed in writing. Delivery includes unloading, stacking, or installation of the Goods at the Client's premises.
• Packaging and Marking: Goods must be packed and marked in a proper manner, in accordance with the Client's instructions, statutory requirements, and carrier/manufacturer needs. This includes marking with contract number, net, gross, and tare weights, and clear labelling of contents and hazardous goods.
• Inspection and Testing: The Marine Institute or its representative may inspect or test the Goods during manufacture or upon delivery. The Contractor must provide reasonable assistance free of charge.
• Rejection of Goods: The Client may reject Goods that fail to conform to the approved sample or Specification. Rejected Goods must be removed by the Contractor within 30 calendar days.
• Guarantee: The Contractor guarantees the Goods for a specified period (details not fully extracted) from the date of delivery against faulty materials or workmanship.
• Risk and Title: Goods remain at the Contractor's risk pending delivery. Title passes to the Client on payment for the Goods.
• Payment: Payment of Charges is subject to Contractor compliance with the Agreement, submission of valid invoices, and possession of a current Tax Clearance Certificate. The European Communities (Late Payment in Commercial Transactions) Regulations 2012 apply.
• Warranties: The Contractor warrants its authority to enter the Agreement, its understanding of material terms and risks, and compliance with taxation, employment, social, and environmental protection obligations. They must also ensure Goods correspond to descriptions and specifications.
• Indemnity: The Contractor indemnifies the Client against losses arising from breaches of third-party intellectual property rights.
• Confidentiality: Both Parties must hold Confidential Information received during the Agreement confidential, with specific exceptions. The Contractor must comply with the Confidentiality Agreement at Appendix 6.
• Force Majeure: Events beyond reasonable control may excuse performance delays, but the Affected Party must notify the other and minimise impact. If a Force Majeure Event continues for 20 calendar days, either Party may terminate with 14 days' notice.
• Termination: The Agreement may be terminated by either Party with one month's written notice. Termination can also occur immediately for serious breaches, insolvency, conflicts of interest, or if exclusion grounds apply.
• Contract Management: Regular liaison between the Client's and Contractor's Contacts is required to address issues, agree milestones, and report progress. The Contractor must comply with Client directions and service levels in Schedule D.

3. Background & buyer context

This procurement is for an underwater particle imaging instrument for the Marine Institute. The tender documents reference an OJEU Notice Number MI-CFT26-031, indicating a formal EU procurement process. The RFT was advertised on www.etenders.gov.ie. The contract is governed by the provided Draft Goods Contract, which incorporates the RFT and the successful Tenderer's Submission by reference. The Marine Institute is the contracting authority. The strategic drivers for this procurement are not explicitly detailed but relate to the Institute's mandate in marine science and research, likely requiring advanced instrumentation for data collection and analysis.

4. Eligibility & selection criteria

Criterion Requirement