Belgium – Garden furniture – Raamovereenkomst voor het leveren en plaatsen van terreinmeubilair via een aankoopcentrale voor 2 jaar met mogelijkheid tot verlenging van 2 x 1 jaar

Subject of this contract: This contract concerns the supply and placement of outdoor furniture from the Westtoer catalogue and the Landscape Park Bulskampveld as described in the technical specifications of this tender, with Westtoer apb acting as the purchasing central. Explanation: The contracting authority has the ambition to provide all West Flemish provincial recreational routes and networks with unique rest and/or picnic facilities. Westtoer has had a catalogue of outdoor furniture designed for this purpose. In addition, the VLM had a house style catalogue of outdoor furniture for the Landscape Park Bulskampveld designed in 2011. This house style catalogue of outdoor furniture may only be used in the area of the Landscape Park Bulskampveld. For both the supply and placement of outdoor furniture from the Westtoer catalogue and the house style catalogue of the Landscape Park Bulskampveld, a purchasing central is organised. The contract is divided into the following lots: Lot 1: Framework agreement for the supply of outdoor furniture from the Westtoer catalogue in the Province of West Flanders Lot 2: Framework agreement for the placement of outdoor furniture from the Westtoer catalogue in the Province of West Flanders Lot 3: Framework agreement for the supply of outdoor furniture from the house style catalogue of the Landscape Park Bulskampveld Lot 4: Framework agreement for the placement of outdoor furniture from the house style catalogue of the Landscape Park Bulskampveld The contract is concluded for an initial fixed period of two years. There can be two tacit renewals of one year each. For each lot, a framework agreement is concluded between the contracting authority and the chosen contractor. Each lot is a framework agreement as meant in art 43 of the Law on Public Procurement, i.e. that the contract is executed by means of placing orders based on the framework agreement according to the actual needs, without obligation on the part of the contracting authority for the quantities to be taken. The tenderer is informed that all quantities mentioned in this tender are estimated quantities and are only provided for information. In the context of these framework agreements, each order is considered as a separate contract, independent of the execution of other orders. Notwithstanding the powers of Westtoer at the level of the framework agreement, Westtoer as contracting authority cannot be held liable for the non-fulfilment of the contractual obligations both on the part of the contractor and the purchaser with regard to the orders, unless Westtoer is the purchaser itself. Price adjustments are provided for and are accurately described in the further contract document to be exchanged. Maximum value of the contract: The maximum value of the contract (over the entire duration and notwithstanding the application of art. 38 et seq. of the Royal Decree on Execution) is determined at € 4,881,325.65 excl. VAT. The maximum value of the framework agreement split per lot: • Lot 1: € 3,724,554.90 excl. VAT • Lot 2: € 757,005.75 excl. VAT • Lot 3: € 220,920.00 excl. VAT • Lot 4: € 178,845.00 excl. VAT The mentioned maximum order amounts apply as maximum order amounts per lot for the full duration of the framework agreement. If the maximum value of orders is reached for a lot, then the framework agreement for that lot will cease to exist, even if the full duration of four years has not yet expired. The lots are considered separately in this respect. The contracting authority informs the tenderers that the determination of the mentioned maximum value has not been based on the estimated quantities included in the inventory and this maximum value consequently does not form an indication of the tender amount with which can be tendered. It concerns, however, the maximum value of the framework agreement, determined on the basis of the maximum quantities that can be ordered over all orders that can be placed within the framework agreement. To be able to control the scope of the contract, the expenditures within the framework agreement will be monitored by means of reporting (see technical specifications), and measures will be taken if necessary to prevent the maximum value of the contract from being exceeded. Quantities: No minimum take-offs are guaranteed. The tenderer is informed that all quantities mentioned in the contract documents are estimated quantities and are only provided for information. There is therefore NO obligation on the part of the contracting authority for the quantities to be taken. Obligation to execute: The contractor is obliged to execute the individual calls and does not have the right to refuse a call. No right of exclusivity: Entering into a contract on the basis of this tender does not give the contractor a right of exclusivity. During the duration of the contract(s), performances, identical or analogous to those described in this tender, can be carried out by other contractors. The contractor cannot claim any compensation for this reason. Language use: The contractor uses only Dutch in his oral and written communication with the contracting authority. The contracting authority may request a, if necessary sworn, translation of documents that are only available in another language. This translation is at the expense of the contractor. Place of delivery: Province of West Flanders.