-
Відкриті торги з особливостями
-
Однолотова
-
КЕП
- 3
Послуги з проведення незалежної оцінки запасів і ресурсів вуглеводнів родовищ та площ АТ «УКРНАФТА»
Звертаємо вашу увагу та додатково уточнюємо, що при заповненні розділу "Підстави для відмови в участі у процедурі закупівлі" учасник процедури закупівлі підтверджує відсутність підстав, шляхом самостійного декларування відсутності таких підстав в електронній системі закупівель під час подання тендерної пропозиції, а Переможець процедури закупівлі у строк, що не перевищує чотири дні з дати оприлюднення в електронній системі закупівель повідомлення про намір укласти договір про закупівлю, повинен надати замовнику шляхом оприлюднення в електронній системі закупівель документів, що підтверджують відсутність підстав, зазначених у підпунктах 3, 5, 6 і 12 пункту 47 Особливостей (детально описано у додатку 2 та 4 до ТД).
Торги відмінено
12 626 412.00
UAH без ПДВ
Період уточнення:
09.01.2026 12:49 - 21.01.2026 00:00
Відповідь надана
Edits for Contract
Номер:
2cca3426c7784fd28b3a23720017ba3f
Дата опублікування:
20.01.2026 06:53
Опис:
Dear colleagues. We really appreciate your answer to our questions and express our desire to participate in this tender, however, some clauses of the updated contract also contain critical points for our company:
Paragraph 4.1.1 - During the contract term, demand free correction of defects arising from violations committed by the Contractor within the time limits specified by the Customer (comments: The time for correcting cannot be open-ended. There must be a defined warranty period)
Paragraph 4.1.2 - Initiate amendments to this Agreement or demand its termination in the event of material breaches of the terms of this Agreement by the Contractor. (comments: Given the nature of D&M’s services, termination is the sole remedy available. D&M does not provide compensation for losses)
Paragraph 4.1.3 -The Customer shall have the right to terminate this Agreement if the Contractor fails to commence the provision of services stipulated by the terms of this Agreement in a timely manner, provided that such violation did not occur through the fault of the Customer.
Paragraph 4.1.5 – To check the progress and quality of the Services provided under the Agreement at any time as reasonably agreed to between the parties, without interfering in the economic activities of the Contractor. (comments: The parties will agree on appropriate time for progress meetings.)
Paragraph 4.2.3.- The Contractor shall ensure the provision of services in accordance with the terms of this Agreement. In case of violation by the Contractor of the terms of service provision, if such violation occurred solely through its fault, the Contractor shall be obliged, at the request of the Customer, to take measures to eliminate the delay in service provision. (comments: D&M can only address delays arising from its own fault. Given the nature of its services, D&M cannot be responsible for delays arising from client action or inaction or external factors.)
Paragraph 4.2.4.- The Contractor shall be obliged to follow all reasonable instructions of the Customer regarding the provision of services, provided that compliance with these instructions does not threaten the quality of services. (comments: As a professional services provider, D&M can only be required to follow instructions that are reasonable and consistent with applicable professional standards)
Paragraph 4.2.9 -Compensate, in accordance with the current legislation of Ukraine and this Agreement, the losses directly caused by Contractor’s breach of this Agreement, unless the Contractor proves that the losses were caused through no fault of its own, and subject to the limitations of liability set forth in this Agreement. (commetns: D&M’s obligation to compensate for losses is limited to non-waivable requirements of applicable law and subject to the limitations of this Agreement.)
Paragraph 6.1 – For failure to perform or improper performance of its obligations under this Agreement, solely due to Contractor’s fault, and after written notice from Customer and a reasonale opportunity for Contractor to cure such failure or inporpoer performance, the Contractor shall pay the Customer a penalty in the amount of 5 (five) % of the cost of the Services provided in poor quality for a delay of 30 days or more, provided such penalty shall not exceed in aggregate ten (10) percent of the cost of the Services to which the penalty relates. (comments: D&M cannot accept automatic financial penalties tied to performance or quality in a professional services engagement. If we choose to accept a penalty clause, it needs to be limited to failures solely due to D&M fault, after written notice and a reasonable time to cure, and limited to a percent of the cost of the services to which the liability relates.)
Paragraph 6.2 – For violation of the terms of this Agreement regarding the quality of the Services provided, solely due to Contractor’s fault and where the Firm has failed to correct such poor-quality Services after written notice from the Customer and a reasonable opportunity to cure, if the Contractor has not corrected the poor-quality Services, the Contractor shall pay a penalty in the amount of 5 (five) % of the cost of the services to which the violation relates, , provided such penalty shall not exceed in aggregate ten (10%) percent of the cost of the Services to which the penalty relates. (comments: D&M cannot accept automatic financial penalties tied to performance or quality in a professional services engagement. If we choose to accept a penalty clause, it needs to be limited to failures solely due to D&M fault, after written notice and a reasonable time to cure, and limited to a percent of the cost of the services to which the liability relates.)
Paragraph 6.4. If the failure to fulfill the terms of this Agreement occurred solely through the fault of the Contractor, the Customer has the right to withdraw from the Agreement in accordance with the procedure established in clause 9.6 and subclause 9.6.1 of this Agreement.
Paragraph 6.6 – The Parties agree that, in the event of a material breach by the Contractor of its obligations under this Agreement, the Customer may unilaterally apply an operational and economic sanction to the Contractor, namely: refuse to establish future business relations with the Contractor, of which the Customer shall notify the Contractor by sending a corresponding notice (letter). The sanction shall be deemed to have been applied from the moment specified in such notification (letter). Such operational and economic sanction shall be applied in accoradance with applicable law and shall not constitute any discrimination against the Contractor and/or a discriminatory condition in relation to it within the meaning of the Law of Ukraine “On Public Procurement.” The term for which such an operational and economic sanction is applied shall be reasonable and proportionate to the nature of the breach.
Paragraph 6.7 – If the Contractor engages a co-contractor (co-contractors) to perform the Contract in the cases specified in clause 4.2.6.1. of this Agreement, without the prior written consent of the Customer, the Contractor shall pay a penalty in an amount not exceeding 2% (two) percent of the value of the Services affected by such engagement, within 10 (ten) calendar days from the date of sending the relevant written request by the Customer by transferring funds to the Customer's bank account, the details of which are specified in the Agreement, provided that such engagement materially affects the performance of the Services.
Paragraph 6.7.1 – The contractor shall bear full responsibility for the performance of the Services in accordance with the agreed scope and applicable professional standards.
Paragraph 6.8 – delete
Add Paragraph 6.7.2 – CUSTOMER acknowledges that CONTRACTOR shall rely on certain documents and information provided by or on behalf of the CUSTOMER in furnishing its Services and Report. Accordingly, CUSTOMER hereby represents and warrants that such documents contain full and accurate initial data, necessary for duly provision of the Services. CUSTOMER hereby acknowledges that CONTRACTOR shall not be liable for any direct errors or omissions in results of the Services provided caused by errors or omissions contained in the initial data provided by or on behalf of the CUSTOMER.
The CUSTOMER further acknowledges that the CONTRACTOR’S fees do not take into account potential liability to CONTRACTOR arising from the use of the Services or reports. Accordingly, the CUSTOMER agrees to release CONSULTANT from, and to take all action necessary for CONTRACTOR not to have, any liability to the CUSTOMER and third parties (including from CONTRACTOR's own negligence) that collectively exceeds the total fees received by CONTRACTOR from the CUSTOMER for the Services or Report to which the liability relates. (comments: This release and limitation of liability provision has been used in prior contracts between the parties. Given the liability associated with D&M’s services, as well as the history between the parties, this language is required for risk management and consistency).
Paragraph 8.1. A party shall be exempt from liability for breach of this Agreement as defined herein and/or by applicable Ukrainian law (except for the obligation to make payments due) if it proves that such breach occurred as a result of force majeure circumstances specified in this Agreement, provided that the occurrence of such circumstances is certified in accordance with the procedure specified in this Agreement and/or by law. (comments: We can concede here.)
Відповідь:
Шановний Учаснику, дякуємо за виявлену зацікавленість до закупівлі. У відповідь на Ваше звернення повідомляємо наступне: Замовник не вбачає доцільності у внесенні запропонованих змін.
Дата відповіді:
21.01.2026 12:39
Відповідь надана
Contract Paragraphs changes
Номер:
b9a8e221a96048e88cf8d6752674de7a
Дата опублікування:
15.01.2026 16:28
Опис:
Dear colleagues. Our company would like to participate in the announced tender. However, in the process of studying the tender documentation, in particular the draft contract, the lawyer had a number of questions and comments, namely, we propose the following updated version of some points of the contract:
Paragraph 4.1.1 - During the contract term, demand free correction of defects arising from violations committed by the Contractor within the time limits specified by the Customer
Paragraph 4.1.2 - Initiate amendments to this Agreement or demand its termination in the event of material breaches of the terms of this Agreement by the Contractor.
Paragraph 4.1.3 -The Customer shall have the right to terminate this Agreement if the Contractor fails to commence the provision of services stipulated by the terms of this Agreement in a timely manner, provided that such violation did not occur through the fault of the Customer.
Paragraph 4.2.9 -Compensate, in accordance with the current legislation of Ukraine and this Agreement, the losses directly caused by Contractor’s breach of this Agreement, unless the Contractor proves that the losses were caused through no fault of its own, and subject to the limitations of liability set forth in this Agreement.
Paragraph 5.5. – Notwithstanding the foregoing, the following shall not be considered confidential: (i) information and documents that are in the public domain; (ii) information and documents that were in Contractor’s possession, or come into Contractor’s possession, from a third-party source; and/or (iii) information and documents required by law to be disclosed.
Paragraph 6.1 – delete
Paragraph 6.2 – delete
Paragraph 6.6 – The Parties agree that, in the event of a material breach by the Contractor of its obligations under this Agreement, the Customer may unilaterally apply an operational and economic sanction to the Contractor, namely: refuse to establish future business relations with the Contractor, of which the Customer shall notify the Contractor by sending a corresponding notice (letter). The sanction shall be deemed to have been applied from the moment specified in such notification (letter). Such operational and economic sanction shall be applied in accoradance with applicable law and shall not constitute any discrimination against the Contractor and/or a discriminatory condition in relation to it within the meaning of the Law of Ukraine “On Public Procurement.” The term for which such an operational and economic sanction is applied shall be reasonable and proportionate to the nature of the breach.
Paragraph 6.7 – If the Contractor engages a co-contractor (co-contractors) to perform the Contract in the cases specified in clause 4.2.6.1. of this Agreement, without the prior written consent of the Customer, the Contractor shall pay a penalty in an amount not exceeding 2% (two) percent of the value of the Services affected by such engagement, within 10 (ten) calendar days from the date of sending the relevant written request by the Customer by transferring funds to the Customer's bank account, the details of which are specified in the Agreement, provided that such engagement materially affects the performance of the Services.
Paragraph 6.7.1 – The contractor shall bear full responsibility for the performance of the Services in accordance with the agreed scope and applicable professional standards.
Paragraph 6.8 – delete
Add Paragraph 6.7.2 – CUSTOMER acknowledges that CONTRACTOR shall rely on certain documents and information provided by or on behalf of the CUSTOMER in furnishing its Services and Report. Accordingly, CUSTOMER hereby represents and warrants that such documents contain full and accurate initial data, necessary for duly provision of the Services. CUSTOMER hereby acknowledges that CONTRACTOR shall not be liable for any direct errors or omissions in results of the Services provided caused by errors or omissions contained in the initial data provided by or on behalf of the CUSTOMER.
The CUSTOMER further acknowledges that the CONTRACTOR’S fees do not take into account potential liability to CONTRACTOR arising from the use of the Services or reports. Accordingly, the CUSTOMER agrees to release CONSULTANT from, and to take all action necessary for CONTRACTOR not to have, any liability to the CUSTOMER and third parties (including from CONTRACTOR's own negligence) that collectively exceeds the total fees received by CONTRACTOR from the CUSTOMER for the Services or Report to which the liability relates.
Відповідь:
Дякуємо за звернення. Питання перебуває на розгляді, і за його результатами, у разі необхідності, будуть внесені зміни до тендерної документації.
Дата відповіді:
16.01.2026 13:16