Within the framework of the Orion Systems and Design Ltd. and its Affiliates (hereinafter referred to as „Orion”) created and maintains an electronic interface (hereinafter: “eBid” or “System”) which aims that Procuring entities and Bidders can manage their processes in an online electronic bidding environment.
Due to the above, a Procuring entity launches open or closed invitation to bids (hereinafter: „Tender”) in the eBid system and (invited) Bidders with confirmed registration can also manage their bids pertaining to supplying materials/articles or providing services defined in the Tender.
Both the Invitation to bid and the Offer are submitted electronically by uploading necessary data and documents to the system.
In order to be able to participate in the actual Tender, Bidders have to confirm their eBid registration according to the provisions of Chapter II.
Definitions:
The Bidder is obliged to confirm its User name(s) obtained during the registration in eBid and registered e-mail address (hereinafter: User account) according to the following provisions so that the identity of the User account and the Bidder is properly confirmed.
Bidder is obliged to upload the scanned version of the required duly signed documents for the confirmation of the registration:
The Bidder declares and warrants that the data provided and uploaded during the registration are true and valid. The Bidder is obliged to report System Owner any changes regarding the data and documents uploaded and provided during the registration. The Bidder has to report the above changes within 15 days but at latest concurrently with the Bid submitted in the given Tender, and in addition Bidder undertakes to carry out a new registration or to refresh its former registration if necessary. The Bidder is liable for any damages arising from the changes of data or the late notification.
In case of infringement of the above obligations the System owner reserves the right to exclude the Bidder from the eBid system or delete its eBid registration.
The first registered User account is considered as the primary address and general contact of Bidder (Key user).
The Bidder declares to handle his/her Password confidentially and to take all the necessary actions in order to let only the Bidder’s representative or authorized person to be aware of it and to avoid the disclosure of this information to unauthorized persons. The Bidder is responsible for the usage of the Password and to keep it in secret. The Bidder acknowledges that the System Owner identifies the Bidder in the eBid system based on the Password and the Username. As a result every declaration, upload or download of document made by the person (who is identified by the User name and Password) is considered to be legally effective declaration made on behalf of the Bidder or representative of the Bidder. The Bidder is obliged to inform the System owner immediately in case it notices any suspicious case in connection with any abuse, unauthorized access or error concerning the Password.
Every declaration, upload or download executed in the eBid system by the Bidder is registered in the IT system. In case of any dispute the Bidder accepts the existence of registered data and accepts it as evidence.
After the confirmation of the registration the Bidder is authorized to participate in and submit a Bid in an open processes or in those closed Tenders which the Bidder is invited to.
In case documents accepted by the Bidder during the registration are modified; the Bidder – if it wants to maintain its registration - is obliged to accept modified registration conditions upon the request of the System Owner.
The Bidder can reach the user manual and technical conditions of the eBid system in the https://bid.rw website. The Bidder declares to have read the manual and requirements and accepts it as obligatory.
In case of closed sourcing procedures Procuring entity reserves the right to invite exclusively those Bidders who are selected by the Procuring entity (at its discretion), moreover only the selected Bidders can see and access to the tender documentation of the specific Tender.
Procuring entity reserves the right to cancel, modify or prolong the deadline of the sourcing procedure. The Procuring entity is not responsible for the consequences of cancellation or modification. Modifications are unseparated part of the Invitation to bid and the contract later on.
The Procuring entity reserves the exclusive right for the selection of the winning Bidder.
All the submitted Offer in the Tender by the Bidder shall be deemed binding and irrevocable from the bid submission deadline until the expiry date of the Offer defined in the Tender. The Bidder is free to modify or cancel its Offer until the closure of the Tender. The Bidder is not allowed to modify the filled in data or uploaded documents after the closure of the Tender except provided it is instructed by the Procuring entity to do so in case of missing data. The binding force of the Bidder’s Offer expires if the Procuring entity declares that it does not intend to sign a contract with the Bidder.
The Bidder declares and commits itself to refrain from any kind of unfair or anti-competitive behavior with special regard to any kind of collusion, agreement or false contract transaction between bidders.
As a main principle Bidders have no information about the identity of the other bidders in the Tenders.
Provided the Offer was accepted by the Procuring entity during the validity of the Offer the Bidder commits itself to conclude a contract in line with the Offer within the shortest possible period or to accept the order placed based on the Offer. In case the winning bidder does not sign the contract or does not accept the order due to its own fault within the timeframe defined in the Tender then the Procuring entity is authorized to sign the contract or provide an order with another bidder. Moreover the Procuring entity is authorized to cancel the Tender and launch a new Invitation to Bid..
The Bidder cannot ask for any refund or reimbursement or damages from the Procuring entity for preparation of the Bid. Costs and damages (if any) incurring due to the participation in the Tender and the preparation of the Bid shall be born solely by the Bidder.
The System Owner reserves the right to delete the eBid registration of the Bidder, if the Bidder breaches this terms and conditions. In the following events the System Owner is especially entitled to exercise the above rights:
Rules of electronic notifications (via email and eBid system):
Parties agree that, unless provided otherwise, uploaded and downloaded confirmations, documents and notifications in the eBid system or sent via electronic way (via email) are delivered to the Bidder and the Procuring entity without authorized signature and any kind of identification. This is understood and accepted by the Parties. Parties mutually declare to accept the followings during the sourcing procedures as duly signed documents as if prepared in writing (until the opposite is proven): emails, up/or downloaded documents into the system, declarations made by filling in the questionnaires. So both the Sender and the content of the sent documents are accepted authentic.
According to the rules of this current terms and conditions Parties cannot state that emails, up/or downloaded documents into the system, declarations made by filling in the questionnaires do not meet the requirements of written documents created on behalf of the legal entity unless the usage of these rules are proven to have been utilized by fraudulent or other illegal intent.
In case any argument occurs in connection with the identity of the sender or the content of the above (4.3.) mentioned documents then the sender or the up/downloader has the burden of prove that the content or the sender of the email was not sent by the sender or the up/downloaded content was not sent with the arrived content.
The Bidder declares to accept the eBid system and the electronic mailing system safe and appropriate at the time of signing the current terms and conditions. Parties confirm to inform the other Party immediately in case of any threats to the safety of the System and/or electronic mailing system. Parties are responsible for the damages caused due to the late notification. Potential damages caused by attacks towards the system carried out or initiated by third parties are considered as “vis major” events.
Any declaration can be considered to be arrived to the other Party when that declaration becomes accessible to the other Party. Uploaded documents to the eBid system and downloaded documents from there are considered to be delivered at the time of the upload/download.
The Bidder declares that their representative or authorized person(s) - who provide(s) Bids in the System – possess (es) the authorization with which the representative or authorized person(s) can be authorized to make an agreement behalf of the Bidder. Based on the above mentioned the Bidder confirms the Bid to include mandatory commitment (binding offer) submitted in the tender process.
If different conditions are not accepted in the actual Tender the Bidder hereby declares to consider confidential any kind of commercial, market and other information, data, fact, document which the Procuring entity or any of its subsidiary, employee or authorized representative provides during the tendering of services or products during the bidding process, in writing or in speaking (hereinafter: “Confidential Information”). All of these Confidential Information need to be handled as business secrets and it is forbidden to forward it to third Party or to use it for other purposes than the submission of the Bid without the preliminary written permission of the Procuring entity.
Commitment to the secrecy in Article 5.1. does not apply for the following information:
Commitment to the secrecy detailed above expires not earlier than 3 years after disclosure.
Bidder declares to use all the documents, specifications and other information provided for Tender by the Procuring entity only for bidding purposes and discloses them to third parties with prior authorization of the Procuring entity. The title to any information disclosed by Procuring entity is reserved.
Bidder allows the Procuring entity to handle and store its data provided during the registration and actual tenders for its sourcing processes. Procuring entity undertakes to handle the received information confidentially in line with rules set out in Articles 5.1-5.3.
The Procuring entity informs the Bidder that the IT background of the eBid system is operated by the eeeBid Kft (seat: H-1051 Budapest, Nador Street 23 ) Bidder hereby allows the eeeBid Kft. to store and handle its data in accordance with 5.5. section.
Bidder commits to inform about the confidentiality all of its employees, authorized persons and everyone else who is participant of the Tender moreover render them to handle these information confidentially.