Kauf von Elektromobilen

As regards the content of the tender and the formal requirements for submission, the supplier's tender consists of several annexes and documents. The supplier shall: fill in the Tender Form; provide, if applicable, a copy of the joint arrangement agreement (in the case of a group); complete an electronic ESPD for each member of the group and for each economic operator on whose capacity it relies; fill in Table 1 of the Technical Specification with Microsoft Word or other text editing software, specifying the manufacturer of the proposed vehicle, the technical parameters and references to the manufacturer's documents; attach the manufacturer’s documentation or links to a website with marked specific parameters; to submit declarations concerning the provisions of the Regulation to a legal and/or natural person; and documents confirming that the proposed electric vehicle complies with the minimum environmental criteria set out in point 10 of Annex 2 to Order D1-508 of the Minister for the Environment. The offer must be in Lithuanian, the technical documentation and certificates may be in English, but an official translation with the translator's signature and the seal of the translation agency may be required. The price of the tender must be expressed in euros, including VAT, to two decimal places, inclusive of all taxes and costs.

With regard to the subject-matter and scope of the contract, the documents provide for a clear and narrow subject-matter of the contract: purchase of one electric car (Electric car, 1 unit) without splitting the purchase into lots. The product must comply with the detailed technical specification (in a separate annex) and environmental criteria for green purchasing (vehicle of category M1 complying with the requirements of the Alternative Fuels Act and D1-508). Place of delivery – Lithuanian Hydrometeorological Service, Oršos str. 8, Vilnius; the delivery deadline was specified in the Special Conditions until 22/12/2026. The product must be accompanied by a transfer-acceptance document, technical documentation (instructions, maintenance book), a copy of the technical passport confirming the category M1 and technical indicators, a manufacturer's guarantee of at least 5 years and 100 000 km of mileage, roadworthiness documents and documents proving compliance with the technical specification. The text of the purchase and contract provides that the technical specification, the Special Terms and Conditions and the General Terms and Conditions together constitute a set of terms and conditions of the contract.

As regards the evaluation criteria, it is clearly established that the most economically advantageous tender is selected solely on the basis of the price: Criterion 2.1: lowest price inclusive of VAT (fixed price pricing). The most economically advantageous tender shall be the lowest price, ranked in descending order of value for money; in the case of multiple tenders with an identical price, the earliest tender submitted by the CVP IS shall prevail. There is no electronic auction. The period of validity of the tender shall be 3 months from the expiry of the time limit for the submission of tenders and the contracting authority may request an extension of the period of validity; the supplier may disagree. The rules on abnormally low prices apply and shall be considered as such if they are 30 % or more below the arithmetic mean of all reasonable prices, in which case the supplier shall be invited to justify the price or costs; if not substantiated, the tender may be rejected.

As regards risks and special conditions, the General and Special Conditions of the contract regulate in detail penalties, guarantees, advances, recourse to subcontractors and grounds for termination. The supplier may receive an advance of up to 30 % if (if applicable) he provides security for the advance. Performance guarantee (first-call bank guarantee or insurance guarantee) applies if provided for in the Special Conditions; failure to provide security in due time shall be deemed to constitute a refusal by the supplier to conclude the contract. If the supplier violates the contract or does not comply with the environmental, ethical (point 49 of the Code of Ethics for Suppliers) or Regulation requirements, the buyer can use the performance guarantee, apply penalties and unilaterally terminate the contract. Penalties are provided for delays in the delivery of the product, for delays in the removal of defects and for violations of ethical and anti-corruption obligations; the buyer may unilaterally set them off against the amounts due. Subcontractors whose capacities have been used for qualification may be replaced only in exceptional cases (e.g. bankruptcy, refusal to participate); new subcontractors whose capacities are not based on qualifications may be used, but the buyer must be informed in advance, who checks the grounds for exclusion and national security compliance. The deadline for submitting questions for proposals is 9 days before the date of submission of proposals; the question concerning the amendments to the technical specification was rejected and the conditions remained unchanged. No meeting with suppliers or inspection of the facility is foreseen.

Finally, as regards possible contradictions or corrections, the documents clearly set out the order of precedence of the documents: first – the technical specification, then the Special Conditions, then the General Conditions of the Contract, then the procurement documents (except for the TS), the tender and other annexes. It is also specified that if the General or Special Conditions conflict with the PSO or other legal acts, the provisions of legal acts shall apply. The Special Terms and Conditions contain specific amendments and additions to the General Terms and Conditions of the Contract (e.g. regarding the act of transfer-acceptance, anti-corruption obligations and ethical conduct) and these newly agreed items take precedence over the previous version. The rationale for the application of the ESPD and declarations is also clearly defined: the ESPD is the initial declaration, whereas ‘hard’ evidence is provided only from the intended winner, which reduces the administrative burden for all participants, but at the same time means that erroneous data can subsequently lead to the rejection of a tender and its exclusion from the procedures.