SUPPLIERS CALL OFFERS of the « RAPACES de GAP HAUTES-‐ALPES »
The Rapaces de Gap Hautes-‐Alpes is an ice hockey club (former as association) which aims to develop the ice hockey on the territory of Hautes-‐Alpes. The club participates in France Elite Ice Hockey Championship named "Magnus League" where its professional team won the title in the last season. The club begins an evolution in its administrative and sporting organization so that he wants now to work with one or more specific partners which will support him to offer ideal training conditions to its professional team. This call offers concerns 4 batches of the following products: -‐ Batch n° 1: Sportswear -‐ Batch n° 2: City Clothes, -‐ Batch n°3: Energetics products, -‐ Batch n° 4: Consumables. The products are designed to be worn and used by members of the professional team in the framework of national competitions in which it will have to participate for the three (3) upcoming sports seasons, it means for the seasons 2015-‐2016, 2016-‐2017 and 2017-‐ 2018. I / Caller Identity
Association « Rapaces de Gap Hautes-‐Alpes » Address: Alp'Arena, rue de Narvik, La Blâche, 05000 Gap. E-‐mail:
[email protected] Phone: 04.92.53.71.11
II / Framework of the viewing This viewing is published so that interested suppliers may submit an offer for all batches, or one batch. The Rapaces de Gap Hautes-‐Alpes is committed to respect the right of competition. 1
III / Validity Time of the Offers The period of validity of offers is of twenty-‐four (24) days from the date of receipt of this viewing. IV / Object of the market This viewing relates on the selection of one or more partners which will be named « Official supplier » of The Rapaces de Gap Hautes-‐Alpes. V / Duration of contract The market will start the day of his attribution, the 1st July, 2015 and will end the 30th June, 2018. VI / Expectations of The Rapaces de Gap Hautes-‐Alpes The future partner is required to prepare a proposal in reply to the expectations expressed by The Rapaces de Gap Hautes-‐Alpes in the supply of products. The partner must specify the means available to implement what is expected. a -‐ The expected services and means of implementation
The future partner must formulate an offer for kit supplier products endowment. It has to indicate the means which he has and that he will implement to provide a suitable and preferred reply to this specification. Thus, the future partner should detail the following in its reply: -‐ The description of the company, -‐ The network and implementation that shows the national coverage of the company, -‐ The marketing methods used and his or these hearings (including the consultation of its website, the number of distributed catalogs, the most popular articles, etc.) -‐ The usual process of processing orders, -‐ The particular process of order processing proposed in the framework of a future agreement, -‐ Commitments which can be made in terms of quality, reactivity of tracking and manufacturing delays and delivery, -‐ The centralized monitoring process of the file and reporting with The Rapaces de Gap Hautes-‐Alpes on a monthly calendar, -‐ References in sport. 2
b -‐ Merchandising
The Rapaces de Gap Hautes-‐Alpes has developed a range of products for sale in his shop in the Alp'Arena. Among the products offered we have to find those which are the subject of batches. In order to continue offering such products, the applicants must have the ability to provide those one, in order to be commercialized. The provision of by-‐products must be negotiated separately with another agreement. VII / Commitments of The Rapaces de Gap Hautes-‐Alpes In order that each applicant can answer freely and assert all its strengths, The Rapaces de Gap Hautes-‐Alpes decided to create several batches. It is mentioned that it is possible to answer to obtain one batch, several batches or all batches. a -‐ Distinction between « Official supplier » and « Official and Exclusive kit supplier »
If an applicant answers, both quantitatively and qualitatively, for the obtaining of each batch, the partner will be entitled « Official and Exclusive kit supplier » and will beneficiate from the associated rights. If the batches are shared between several partners, everyone will be given the rights of « Official supplier ». b -‐ The rights of the « Official and Exclusive kit supplier »
These rights apply when one partner has been selected to have every batches. Promotional Rights : -‐ The right to use the label « Official and Exclusive kit supplier of The Rapaces de Gap Hautes-‐Alpes », -‐ The right to use the collective image (3 at least) of the players from the professional team of The Rapaces de Gap Hautes-‐Alpes, -‐ The possibility of setting up promotional activities with players of the professional team to The Rapaces de Gap Hautes-‐Alpes, the number will be fixed in the final agreement. Advertising rights / Visibility : -‐ The brand will be present on products supplied to the professional team (except for CHL), -‐ Presence of the logo on the interview panels, -‐ One (1) panel with a length of 3 meters on the rink boards for all games of the professional team in the French league and during the national cups which will be played at home, -‐ Presence of the logo on the club’s website and all of its advertising media, -‐ Announcements at each home game in order to present the brand and its distributors in the local territory. 3
Public Relations : -‐ Provision of a quota of numbered seats (to be defined) for all games at the Alp'Arena of the professional team, for each sports season. c -‐ The rights of « Official suppliers »
These rights apply to a partner acquiring a single batch. If a partner acquires several batches, his rights in terms of public relations will add proportionately to the number of acquired batches. (For example: one batch = 2 seats and two batches = 4 seats, etc.) Promotional Rights : -‐ The right to use the collective image (3 at least) of the players from the professional team of The Rapaces de Gap Hautes-‐Alpes to associate it only with the product provided by the supplier in order to be published on its website, -‐ The possibility of setting up two (2) promotional activities for each sports season. Publicity rights / Visibility : -‐ The supplier's brand will be on the product supplied, -‐ Animated spots broadcasts on the giant screen of the Alp'Arena during every games at home in all competitions (excluding CHL). Public relations: -‐ Provision of a quota of numbered seats (to be defined) for all games in the Alp'Arena of the professional team for each sports season. VIII / Presentation of the applicant and the offer a – The applicant’s presentation The applicant must present his own application. The assumption of an application in the form of a group of applicants will be denied. The applicants should submit their applications to the following conditions at risk of being excluded from the consultation. The application must contain information for assessing the professional capacities, technical and financial resources of the applicant. So, it must include the following: -‐ A fully completed application letter including at least the following components: company name, legal form, registered office, telephone number and fax, e-‐mail address, registration number in the administration, the main economic activity code and the civil status of the legal representative of the applicant. -‐ A statement of the overall turnover and the turnover for the market to the products covered by the contract during the last three accounting years. 4
b -‐ Presentation of the offer
The offer must include a technical brief, containing all the components mentioned in the article VI. a. of this consultation. Each applicant is required to provide a catalog including the public prices for each one of the selected products or batches. IX / The arrangements for submitting the applications and the offers The components of the application and the offer should be addressed in full, under sealed letters, by registered letter with acknowledgment of receipt, to the following address:
« Rapaces de Gap Hautes-‐Alpes » Alp'Arena, rue de Narvik, La Blâche, 05000 Gap.
The closing date is Monday 22nd, June, 2015 at 21:00 (French time). On the other hand, the application sent as registered letter and received after the date and the time of reception limits will not be opened and will be returned on request to the sender. X / The arrangements for selecting the applications and the offers Before the examination of the applications and in case of missing or incomplete items, The Rapaces de Gap Hautes-‐Alpes could ask the applicants concerned to produce or supplement these items within seven (7) working days from the request. Other applicants will be informed of the possibility to complete their application within the same period. As part of the analysis, the applicant’s causes of elimination are the following: -‐ The areas of expertise of the applicants do not correspond to the subject of the contract, -‐ Those who do not present the sufficient professional, technical, and financial guarantees, according to the equivalents benefits to those defined within this market. XI / Attribution of the market The Rapaces de Gap Hautes-‐Alpes reserves the right to hold several offers, and sign several framework agreements in case where it would beneficiate from a better coverage of defined needs, either in qualitative, quantitative or territorial coverage. 5
The Rapaces de Gap Hautes-‐Alpes reserves the right not to reply to this consultation, for any reason of general interest. In this case, the club will inform the applicants that such decision will not lead to any compensation. XII / Notification and contractual document The choice of the partner will be notified by email. The partner will be bound by this document corresponding to consultation rules and specifications and the offer it has presented to The Rapaces de Gap Hautes-‐Alpes. After the attribution of the market, the Parties shall draw up a contract completing the practical arrangements for implementing some of the obligations. This document could not modify substantially neither the terms of this consultation and the successful offer nor the economic balance of the contract nor the nature of the consultation. However, it will specify that some contents could be adapted after an agreement between the Parties in the case of identified constraints during the implementation of the services and in the case of new constraints imposed by the current legislation would become mandatories. XIII / Responsibility The partner will reply for all the detrimental consequences of any kind resulting from the obligations imposed by the present market. He will be responsible for: -‐ Under the conditions of common law damages of any kind that might be caused by its actions or those of his agents, -‐ For any accident that itself and its employees may be victims in places of business, -‐ All damage to property in its custody, -‐ Financially with its staff, of the social security agencies and of its suppliers and any third party in general, -‐ Good management of its activities with its creditors. XIV / Independence of the Parties It is agreed that the market could not be interpreted as creating a relationship of subordination of either party to the other party. As a result, neither party nor any of their agents, representatives, dealers or sellers could take a commitment whatsoever on behalf of the other party. 6
The Rapaces de Gap Hautes-‐Alpes will have complete freedom to conduct its policy and actions and/or participate in sporting events as he will want to. Similarly, the partner will be free to conduct its institutional, commercial and promotional policy as he wishes. XV / Early Termination a -‐ Termination of the framework contract for default If one of the Parties of the framework agreement would not respect the commitments agreed according to the market, the other party would be justified to withdraw of his own service after formal notice, by registered letter with acknowledgment of receipt, stayed without effect after a period of thirty (30) working days. The termination will operate, automatically, with a new letter with acknowledgment of receipt sent to the defaulting party. It has the effect of putting an immediate end to the rights and benefits granted to the offender without damage to the right of the other party to ask any damages that the party values justified for the damage suffered. b -‐ Effects of the termination to the framework contract for « act of god » Notwithstanding what goes ahead of, neither party will be liable for the total or partial failure of its obligations under the market, if this failure is caused by an event of « act of god ». Will be considered as « act of god », the events filling the criteria established by the case law of the French Court of Cassation. The party involving an event of « act of god » will have to notify it the other party within the seven (7) days following its emergence. The Parties agree that they will have to negotiate as soon as possible to determine all the implementing rules of this contract during the « act of god ». Beyond the period of one month of interruption due to « act of god » this contract will be automatically terminated. c -‐ Effects of the termination of the framework contract The termination of the framework contract will take in fact, the termination to the one of the whole contracts or individuals referred in the last paragraph of the article XII., in progress at the day of termination. XVI / Intuitu personae The market is awarded on a personal basis. The contract between the parties and the rights it entails could not be any disposal or agreement, directly or indirectly, of any kind whatsoever without the prior written consent of the other party. 7
XVII / Confidentiality clause The Parties undertake to keep strictly confidential the terms of the offer and to the agreement which will be signed between them, including those relating to the financial conditions. The contract could however be produced if law requires it to support any legal action. XVIII / Safety tolerances The fact that one party has allowed, be it « ab initio » and in a repeated way, the non-‐ fulfillment by the other party of one or more of its obligations will not block out outside the case where the prescription would be acquired and to that extent only, it asks his debtor the whole of what is owed. In the case where one of the party would ratify any act done by the other in disregard to one of these provisions and its consequences, that ratification would have no effect beyond its terms. XIX / Applicable Law This consultation is subject to the French law. XX / Jurisdiction Any dispute between the Parties which would start in this consultation would be under the jurisdiction of the County Court of Gap. 8
APPENDICES
It is specified that the lists below are not all-‐inclusive in products and quantities. BATCH n°1 : SPORTSWEAR
PLAYERS PRODUCTS Travel bags Hot jacket Light jacket Tracksuit (training off ice) Tracksuit (travel) Sweat zip Polo (short sleeved) T-‐Shirt (short sleeved) « 2 models » Shorts (off ice) Hat Cap Home jersey Away jersey Home socks Away socks Pants
Training jersey 25 – 30 Training socks 25 – 30 Towels (little/large) 25 – 30 TECHNICAL STAFF PRODUCTS QUANTITY Coach uniform 2 Hot jacket 10 Light jacket 10 Tracksuit (off ice) 10 Tracksuit (travel) 10 Sweat zip 20 Polo (short sleeved) 20 T-‐Shirt (short sleeved) 40 « 2 models » Shorts (off ice) 10 Hat 10 Cap 10 Towels (little/large) 10
QUANTITY 35 – 40 25 – 30 25 – 30 25 – 30 25 – 30 25 – 30 25 – 30 100 – 120 25 – 30 25 – 30 25 – 30 25 – 30 25 – 30 25 – 30 25 – 30 25 – 30
BATCH n°2 : CITY CLOTHES PLAYERS AND TECHNICAL STAFF PRODUCTS QUANTITY Black Blazer 45 (with the club’s brand) White shirt 45 (without the club’s brand)
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BATCH n°3 : ENERGY PRODUCTS PLAYERS PRODUCTS Preparation for drinks Energy bars Energy frosts Energy drinks Proteinate bars Pipettes game/training et door-‐ pipettes
QUANTITY To be defined To be defined To be defined To be defined To be defined 25 of each
BATCH n°4 : CONSUMABLES PLAYERS AND TECHNICAL STAFF PRODUCTS QUANTITY Adhesive tape To be defined Clear tape To be defined Tape To be defined Grip To be defined Laces To be defined Tips To be defined Grindstones To be defined Diamonds To be defined Blades skates To be defined Pucks To be defined Supports of blades To be defined Equipment To be defined Box of transport To be defined
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