On 19 January 2021 Contracting Authority/Project Partner received following inquiry from Potential Tenderer:
We strongly urge that you reconsider the Tender Guarantee as this entails a severe cost for us and forces us to undergo a time consuming slow process and as we were not informed of a Tender Guarantee, we have not been able to prepare for such proactively either. Again, it would be truly unfortunate to be unable to submit in time due to this. By submitting our proposal, we oblige to deliver should we be the selected supplier. From a legal perspective, this should be sufficient to hold us accountable should we be unable to deliver. To summarize, we are asking you to consider removing this part, ultimately removing the following documents from the submission:
12. Tender Guarantee
13. Prefinance Guarantee
Instead, as a way to avoid the non-optimal bank guarantee, we suggest that our CEO signs a Bill of Exchange, which states that if we are unable to commit to our end of the bargain, then we pay a fine amounting to the same sum as the bank guarantee. I would also like to point out that our payment terms are net 30 days, thus, we typically deliver your equipment prior to receiving payment for it, in practice this means that you are able to withhold payment if we are unable to deliver, further strengthening your position to confirm proper delivery.
The Tender „Specialized equipment for user and user experience research (Eye tracking and monitoring devices and software)“, ref. number: JN-01/2021, is part of the larger EU sufinanced project and consequently this Tender is subject of strict rules regarding EU sufinanced public procurements (more informations and links about these rules (PRAG) can be found inside tender dossier). Only eventual minor changes in the Tender are acceptable after announcement of Tender and before deadline for submission of tenders. It is unacceptable for Contracting Authority to accept any of above proposals from Potential Tenderer (regarding references and guarantees) because they are not minor changes and they would not be in line with rules regarding EU sufinanced public procurements. In addition, please keep in mind that tenders/offers can be submitted only by legal forms that are invited to this Tender.