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Procurement Notice Details

Basic inorganic chemicals [bulk chemicals for edf group]
Various

Purchaser: EDF SA

27/06/2015 S122 Member states - Supply contract - Contract notice - Negotiated procedure
I.II.III.IV.VI.
France-Mérignac: Basic inorganic chemicals

2015/S 122-224119

Contract notice – utilities

Supplies

Directive 2004/17/EC
Section I: Contracting entity

I.1)
Name, addresses and contact point(s)
EDF SA
14 allée Pierre Gilles de Gennes
Contact point(s): Portail achats
For the attention of: Peggy Rommelaere
33704 Mérignac cedex
FRANCE
Telephone: +33 524991727
E-mail: peggy.rommelaere@edf.fr
Fax: +33 524991704
Internet address(es):
General address of the contracting entity: www.edf.com
Address of the buyer profile: http://portail-achats.edf.com
Electronic access to information: http://portail-achats.edf.com
Electronic submission of tenders and requests to participate: http://portail-achats.edf.com
Further information can be obtained from: The above mentioned contact point(s)
Specifications and additional documents (including documents for a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)
Tenders or requests to participate must be sent to: The above mentioned contact point(s)
I.2)
Main activity
Electricity
Other
I.3)
Contract award on behalf of other contracting entities
The contracting entity is purchasing on behalf of other contracting entities: yes
TIRU
RFI_005866
Tour Franklin La Défense 8 92042
Paris la defense
FRANCE
SOCODEI
RFI_005866
CD 138 30200
Codolet
FRANCE
EDF POLSKA
RFI_005866
Skylight building 12th floor ul. Zlota 59
00-120 Warszawa
POLAND
EDF ENERGY NGL
RFI_005866
Barnett Way Barnwood
GL4 3RS Gloucester
UNITED KINGDOM
EDF ENERGY Coal and CCGT
RFI_005866
40 Grosvenor Place Victoria
SW1X 7EN London
UNITED KINGDOM
Section II: Object of the contract

II.1)
Description
II.1.1)
Title attributed to the contract by the contracting entity:
Bulk chemicals for EDF group.
II.1.2)
Type of contract and location of works, place of delivery or of performance
Supplies
Purchase
Main site or location of works, place of delivery or of performance: The places of delivery are: EDF SA, TIRU, SOCODEI: France, EDF ENERGY: United-Kingdom, EDF POLSKA: Poland. In the case of the third party beneficiary clause for EDISON Spa, the places of performance can be in Italy.
NUTS code FR,IT,PL,UK
II.1.3)
Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves the establishment of a framework agreement
II.1.4)
Information on framework agreement
Framework agreement with several operators
maximum number of participants to the framework agreement envisaged: 20
Duration of the framework agreement
Duration in years: 4
II.1.5)
Short description of the contract or purchase(s):
The object of the contract is the supply of 5 major Bulk chemicals, delivered by truckloads (full or partial tanks): Sulphuric acid, sodium hypochlorite, caustic soda, hydrochloric acid and ammonia, for EDF SA, EDF ENERGY, EDF POLSKA, TIRU, SOCODEI.If it wishes and on its 1st request, subsidiary EDISON may benefit from the commercial conditions of the contract placed by EDF SA for its needs.
II.1.6)
Common procurement vocabulary (CPV)
24310000
II.1.7)
Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
II.1.8)
Information about lots
This contract is divided into lots: yes
II.1.9)
Information about variants
Variants will be accepted: no
II.2)
Quantity or scope of the contract
II.2.1)
Total quantity or scope:
Around 540 000 Tons for 4 years for EDF SA, TIRU, SOCODEI, EDF ENERGY, EDF POLSKA and EDISON.
II.2.2)
Information about options
Options: yes
Description of these options: EDF keeps the possibility to extend the duration of the contract to one additional year regarding the result of the negotiation and / or the answer of the suppliers to the tender.
The duration of the contract mentioned in the paragraph II.3) includes the one year option.
Provisional timetable for recourse to these options:
in months: 36 (from the award of the contract)
II.2.3)
Information about renewals
This contract is subject to renewal: no
II.3)
Duration of the contract or time limit for completion
Duration in months: 48 (from the award of the contract)
Information about lots

Lot No: 1 Lot title: Lot1-Sulphuric acid
1)
Short description:
Delivery of Sulphuric Acid by truckloads (full and partial) for EDF ENERGY (lot1.1) and EDF SA (lot 1.2 — only full tanks).
2)
Common procurement vocabulary (CPV)
24310000
3)
Quantity or scope:
Around 3 000 tons per year for EDF ENERGY and around 70 000 tons per year for EDF SA.
4)
Indication about different date for duration of contract or starting/completion
Duration in months: 48 (from the award of the contract)
Lot No: 2 Lot title: Lot2-Sodium Hypochlorite
1)
Short description:
Delivery of Sodium hypochlorite by truckloads (full and partial) for EDF ENERGY (lot2.1), EDF SA (lot 2.2) and EDF POLSKA (lot 2.3).
2)
Common procurement vocabulary (CPV)
24310000
3)
Quantity or scope:
Around 19 000 tons per year for EDF ENERGY, around 10 000 tons per year for EDF SA and around 425 tons per year for EDF POLSKA.
4)
Indication about different date for duration of contract or starting/completion
Duration in months: 48 (from the award of the contract)
Lot No: 3 Lot title: Lot3-Caustic soda
1)
Short description:
Delivery of caustic soda by truckloads (full and partial) for EDF ENERGY (lot3.1), EDF SA (lot 3.2) and EDF POLSKA (lot 3.3).
2)
Common procurement vocabulary (CPV)
24310000
3)
Quantity or scope:
Around 6 800 tons per year for EDF ENERGY, around 6 000 tons per year for EDF SA and around 1 300 tons per year for EDF POLSKA.
Lot No: 4 Lot title: Lot4-Hydrochloric acid
1)
Short description:
Delivery of hydrochloric acid by truckloads (full and partial) for EDF SA (lot 4.2) and EDF POLSKA (lot 4.3).
2)
Common procurement vocabulary (CPV)
24310000
3)
Quantity or scope:
Around 2 600 tons per year for EDF SA and around 2 500 tons per year for EDF POLSKA.
4)
Indication about different date for duration of contract or starting/completion
Duration in months: 48 (from the award of the contract)
Lot No: 5 Lot title: Lot5-Ammonia
1)
Short description:
Delivery of ammonia by truckloads (full and partial) for EDF ENERGY (lot 5.1), EDF SA (lot 5.2) and EDF POLSKA (lot 5.3).
2)
Common procurement vocabulary (CPV)
24310000
3)
Quantity or scope:
Around 400 tons per year for EDF ENERGY, around 1 400 tons per year for EDF SA and around 5 500 tons per year for EDF POLSKA.
4)
Indication about different date for duration of contract or starting/completion
Duration in months: 48 (from the award of the contract)
Section III: Legal, economic, financial and technical information

III.1)
Conditions relating to the contract
III.1.1)
Deposits and guarantees required:
Will be defined in the local contracts in the tender.
III.1.2)
Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
Financed from own ressources for EDF.
EDF Energy: 60 days from invoice date payment terms
EDF Polska: 60 days from the date of receipt of the invoice
EDF SA: 60 days from invoice date payment terms.
III.1.3)
Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
In case of a consortium is awarded, one of the group members is designated as representative. He coordinates each member of the group action and represents them with EDF. Each member of the group is committed to the whole market life (group ‘solidarity’). Furthermore, a bidder who will offer a bid under a consortium, will not be able either to offer individual bid nor than bid under another consortium.
III.1.4)
Other particular conditions:
The performance of the contract is subject to particular conditions: no
III.2)
Conditions for participation
III.2.1)
Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
Information and formalities necessary for evaluating if the requirements are met: For France only (EDF SA, TIRU and SOCODEI)
The following cannot tender:
1) Those candidates who have, within the last five years, been handed down a final sentence for one of the offences provided for in articles 222-38, 222-40, 225-1, 226-13, 313-1 to 313-3, 314-1 to 314-3, 324-1 to 324-6, 413-9 to 413-12, 421-1 to 421-2-3, subparagraph two of article 421-5, article 433-1, subparagraph two of article 433-2, subparagraph eight of article 434-9, subparagraph two of article 434-9-1, articles 435-3, 435-4, 435-9, 435-10, 441-1 to 441-7, 441-9, 445-1 and 450-1 of the French Penal Code, article 1741 of the French General Tax Code and articles L. 2339-2 to L. 2339-4, L. 2339-11-1 to L. 2339-11-3 of the French Defense Code and L. 317-8 of the French Interior Security Code.
2) Those candidates who, within the last five years, have been handed down a sentence listed on Report n° 2 of the Criminal Records Bureau for the offences referred to in articles L. 1146-1, L. 8221-1, L. 8221-3, L. 8221-5, L. 8231-1, L. 8241-1, L. 8251-1 and L 8251-2 of the French Labour Code.
3) Those candidates subject to the compulsory liquidation proceedings provided for in article L. 640-1 of the French Commercial Code, those individuals whose personal bankruptcy has been pronounced under articles L. 653-1 to L. 653-8 of the same Code as well as those persons subject to equivalent proceedings under a foreign law jurisdiction.
Candidates admitted to the compulsory reorganization proceedings laid down by article L. 631-1 of the French Commercial Code or to equivalent proceedings under a foreign law jurisdiction must provide evidence that they have been authorized to continue their activities throughout the foreseeable term of execution of the contract.
4) Those candidates who, on 31 December of the year preceding that during which the tender is launched, have not fulfilled their obligations in terms of tax and social security declarations or have not paid the tax and contributions payable on that date. However, the following shall be regarded as eligible candidates: those candidates who, on 31 December of the year preceding that during which the tender is launched, have not paid the various amounts due on that date or provided any guarantees, but who have, before the date of the launch of the tender and without any enforcement measures having been taken by the accountant or the agency responsible for collection, either paid the said amounts or provided guarantees deemed sufficient by the accountant or the agency responsible for collection. Individuals who are legal or de facto directors of a legal entity that does not satisfy the conditions provided for in this subparagraph may not personally tender for a contract.
5) Those candidates who, on 31 December of the year preceding that during which the tender is launched, have not implemented the obligation to negotiate provided for in article L. 2242-5 of the French Labour Code and who, at the date on which they tender, have not completed or engaged the regularization of their situation.
In order to provide evidence that it is not in one of the situations cited in points 1) to 5) above, the candidate must furnish a sworn statement, dated and signed.
These conditions are applicable to the candidates and to each of the members of a group wishing to tender as a single candidate. »
For UK only (EDF ENERGY):
The candidate must provide proof both original and certified copies of the following:
Insurance certificates (not more than 12 months old):
1. Public Liability Insurance — to include as a minimum 5 000 000 GBP or each and every occurrence of Public Liability
2. Employers Liability Insurance — (for UK companies), or the applicable workers compensation insurance required by the territory in question (for non UK domiciled companies) to a minimum of 5 000 000 GBP for each and every occurrence
3.Professional Indemnity Insurance (which must be maintained for a period of at least six (6) years from the completion date of the Services) as a minimum at 5 000 000 GBP each and every occurrence and in the annual aggregate.
4. Copy of the company's Health and Safety Policy; clearly detailing who is responsible for H&S in the company.
5. Proof that the candidate is properly registered in the Register of Commercial Entities, Companies House or similar company register in the candidate's country of incorporation, by submitting a duly certified excerpt of such company register.
6. A declaration on oath duly signed by the CEO and company secretary/chief legal office of the candidate confirming that the candidate has not been convicted of any criminal offence, bribery, fraud or money laundering offences.
7. Proof that the candidate is not bankrupt, insolvent or in the course of being wound up, that the candidate's business is not being administered by the courts or in receivership, or any person appointed by the courts for that purpose, that he has not entered into an arrangement with his creditors, has not suspended business activities or is not in any analogous situation arising form a similar procedure under national laws and regulations; and that the candidate is not subject to proceedings for a declaration of bankruptcy or for an order for compulsory winding up or administration by the court or for an arrangement with creditors or of any similar proceedings under national laws or regulations. Such proof must be provided by the candidate submitting a certificate issued by the competent authority of the candidate's country attesting that the candidate is not bankrupt or involved in analogous proceedings.
8. Proof that the candidate has fulfilled any and all obligations incumbent on him in relation to the payment of taxes in the UK or in the candidate's country of incorporation. Such proof must be provided by the candidate submitting an official document from the authorities that are competent to attest that the candidate has, in effect, fulfilled all tax obligations incumbent on him.
9. Proof that the candidate has not been convicted of an offence concerning his professional conduct by a judgment and has not committed, in the course of execution of his profession, a grave professional error, which EDF or any of its subsidiaries or affiliates participating in this tender can prove by any means whatsoever; Such proof must be provided by the candidate by submitting a written declaration on oath, duly signed by the CEO and Company Secretary/Chief legal officer of the respective candidate's company, attesting that the candidate has not committed, in the course of execution of his profession, a grave professional error which might otherwise lead to him being excluded from participating to the qualification system.
10. Proof that there has been no data breaches of the candidate's IT, information or other systems or that the candidate has been cautioned, fined or had any action (pending, ongoing or concluded) taken against it by a data protection or similar regulatory authority for any reason including (but not limited to), a breach of data protection legislation within or outside the candidate's country of incorporation. Such proof must be provided by the candidate by submitting a written declaration on oath, duly signed by the CEO and Company Secretary/Chief legal officer of the respective candidate's company, attesting to this fact.
11. Proof that the candidate has not been and is not in breach of any export control legislation or had any action (pending, ongoing or concluded) taken against it by relevant regulatory authorities for breach of export control legislation within or outside the candidate's country of legislation. Such proof must be provided by the candidate by submitting a written declaration on oath, duly signed by the CEO and Company Secretary/Chief legal officer of the respective candidate's company, attesting to this fact.
These conditions are applicable to the candidates and to each of the members of a group wishing to tender as a single candidate
For Poland only (EDF POLSKA): I. The Candidate/s should be a chemicals manufacturer or a chemicals distributor or a reseller.
Suppliers have to submit the following documents:
1. statement that Candidate is chemicals manufacturer or a chemicals distributor or a reseller Company
2. excerpt from the National Register of Court or equivalent document issued in a country where Candidate’s registered office is (issued no earlier than 6 month before the application submission).
II. The following Candidates (Economic Operators) cannot apply for participation in the tender:
1. against whom the winding up procedure has been started or whose bankruptcy has been declared,
2. who are in arrears with payment of taxes, charges or social insurance or health insurance premiums, with the exception of cases where they have been legally exempted, their outstanding payments have been deferred or divided into installments or the execution of a decision of a competent authority has been stopped in its entirety,
3. (economic operators being natural persons) who have been validly sentenced for an offence committed in connection with a contract award procedure, offence against the rights of people performing paid work, offence against the environment, for bribery, for an offence against economic turnover or for any other offence committed with the aim of gaining financial profits, as well as for treasury offence or an offence of participation in organized crime group or in a union aimed at committing an offence or treasury offence;
4. (economic operators being registered partnership or professional partnership) whose partner has been validly sentenced for an offence committed in connection with a contract award procedure, offence against the rights of people performing paid work, offence against the environment, for bribery, for an offence against economic turnover or for any other offence committed with the aim of gaining financial profits, as well as for treasury offence or an offence of participation in organized crime group or in a union aimed at committing an offence or treasury offence;
5. (economic operators being limited partnership and limited joint-stock partnership) whose general partner has been validly sentenced for an offence committed in connection with a contract award procedure, offence against the rights of people performing paid work, offence against the environment, for bribery, for an offence against economic turnover or for any other offence committed with the aim of gaining financial profits, as well as for treasury offence or an offence of participation in organized crime group or in a union aimed at committing an offence or treasury offence;
6. (economic operators being legal persons) whose active member of the managing body has been validly sentenced for an offence committed in connection with a contract award procedure, offence against the rights of people performing paid work, offence against the environment, for bribery, for an offence against economic turnover or for any other offence committed with the aim of gaining financial profits, as well as for treasury offence or an offence of participation in organized crime group or in a union aimed at committing an offence or treasury offence;
7. (economic operators being collective entities) with respect to whom a court has issued a decision prohibiting them from competing for contracts under the provisions concerning the liability of collective entities for tort under the liability to penalty;
8. (economic operators being natural persons) who have been validly sentenced for an offense referred to in art. 9 or art. 10 of the Act of 15 June 2012 on the effects of delegating work to foreigners unlawfully residing on the territory of the Republic of Poland (Journal of Laws item. 769) — for a period of 1 year from the effective date of judgment;
9. (economic operators being registered partnership, professional partnership, limited partnership, limited joint-stock partnership or legal person) whose shareholder, partner, active member of the managing body has been validly sentenced for an offense referred to in art. 9 or art. 10 of the Act of 15 June 2012 on the effects of delegating work to foreigners unlawfully residing on the territory of the Republic of Poland (Journal of Laws item. 769) — for a period of 1 year from the effective date of judgment.
10. as part of the same capital group, within the meaning of the Act of 16 February 2007 on competition and consumer protection (Journal of Laws No. 50, item 331 as amended), submitted separate tenders or submitted separate requests to participate in the same contract award procedure unless they prove that the connections between them would not lead to imbalance of fair competition between economic operators in contract award procedure,
11. who during the three years prior to the commencement of a procedure, culpably violated professional duties in a serious manner, as a result of deliberate action or gross negligence, failed to perform or improperly performed a contract, what the contracting authority is able to demonstrate by any means of evidence.
Candidates (Economic Operators) must submit:
1. the statement of the Economic Operator, confirming that:
a) the Economic Operator is not and/or is not becoming bankrupt or insolvent, going into liquidation, having a receiving or administration order made against him, compounding with his creditors, or carrying on business under a receiver, trustee or manager for the benefit of his creditors, or any act done or event occurring which(under any applicable laws) has a similar effect to any of these acts or events; and
b) the Economic Operator shall satisfy its payment obligations;
c) the Economic Operator is not in arrears with payment of taxes, or certificate that he obtained an exemption, deferral or payment in instalments of overdue payments or suspension in whole of the execution of the decision of the competent authority;
d) against the Economic Operator no judicial decision was issued concerning a ban on application for contract award based on regulations concerning collective entities' liability for acts prohibited under penalty;
e) the Economic Operator is not in arrears with payment of health and social security insurance contributions, or confirmation that he obtained an exemption, deferral or payment in instalments of overdue payments, or suspension in whole of the execution of the decision of the competent authority;
f) the Economic Operator has not been convicted for anything related to its professional integrity and behavior within last five years before the date of application submission;
g) the Economic Operator has not committed a serious professional misdeed within last five years before the date of application submission;
h) natural persons* or partners* or general partners* or active member of the managing body* has not been validly sentenced for an offence committed in connection with a contract award procedure, offence against the rights of people performing paid work, offence against the environment, for bribery, for an offence against economic turnover or for any other offence committed with the aim of gaining financial profits, as well as for treasury offence or an offence of participation in organized crime group or in a union aimed at committing an offence or treasury offence, within last five years before the date of application submission;
(* — depends on legal for of Candidate)
i) the Economic Operator is not in conflict of interest with the objectives of the Contracting Entity.
2. Current certificate of the head of the competent tax office or equivalent stating confirming that the Economic Operator is not in arrears with payment of taxes.
3. Current certificate of the competent branch of the Social Insurance Institution or equivalent stating that the Economic Operator is not in arrears with payment of health and social security insurance contributions.
III.2.2)
Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: For France and Poland:
Candidates must submit:
— An introduction (description) of the company: Corporate name, activity, address, staff (number), structure of capital group, membership within a group (rate of belonging).
— The last 3 years set of accounts (balance sheet, profit and loss account, cash flow),
— the detailed turnover (value and quantity) of sold chemicals (last 3 years) per each chemical,
— policy of third party insurance liability.
— Presentation of the main customers (references) and further information on internal datasheet concerning companies.
EDF ENERGY
Applicants must present (original or certified copy) of:
An overall presentation of the company (corporate name, legal status, date of foundation),
Financial Health an Up-to-date provision of Dun & Bradstreet rating, Financial Strength, Risk Indicator number and summary report
2014 and 2013 Company Financial Reports
Any bankruptcy filings filed by your company within the past 5 years
For UK, France and Poland: The financial dependence rate of the candidates may be analyzed as an additional selection criteria.
III.2.3)
Technical capacity
Information and formalities necessary for evaluating if the requirements are met: For UK, France and Poland:
Candidates have to submit:
— details on production capacity (per product and per country) — Provide a map of production sites in each country
— details on storage capacity (per product and per country) — Provide a map of storage sites in each country
— Delivery capability (Subcontracting or owner of delivery organization)
— Description of the measure against supply disruption
— Optimized commercial organization (European Key account manager and centralized commercial organization for each country).
— Quality system Information will be checked regarding:
For UK only (EDF Energy):
Suppliers and their subcontractors shall be accredited to ISO 9001 and 14001 or equivalent.
Suppliers and their subcontractors shall be compliant and be capable of operating to all relevant UK Health, Safety and Environmental regulations including COMAH, COSHH and the Carriage of Dangerous Goods by Road.
Suppliers shall demonstrate recent relevant experience for the lot(s) that are bid for.
Prior to the award of any contracts, Suppliers will have to register and be assessed on their safety policies/performance and financial status rating and duly approved before becoming a qualified supplier to EDF Energy. All Suppliers who are not currently contracted with EDF Nuclear Generation Ltd will be required to visit www.edfenergy.com/about-us/about-edf-energy/supply-chain/nuclear-generation-suppliers.shtml and follow the instructions on the Supplier Information Management Portal (HCIX) therein
For Poland only (EDF POLSKA):
Management quality system (9001 or equivalent) or responsible care certificate or health and safety management (OHSAS or PN18001 or equivalent) and environmental management system (ISO 14001 or equivalent).
Candidates must comply with Polish legislation concerning environmental, H&S, transportation of dangerous goods and chemical substances issues.
EDF SA
Advise on company's ISO 9001 Environmental certificate or equivalent to be checked.
For UK and Poland:
The feedback from previous experience with EDF ENERGY and EDF POLSKA of the candidates may be analyzed as an additional selection criteria.
III.2.4)
Information about reserved contracts
III.3)
Conditions specific to services contracts
III.3.1)
Information about a particular profession
III.3.2)
Staff responsible for the execution of the service
Section IV: Procedure

IV.1)
Type of procedure
IV.1.1)
Type of procedure
Negotiated
IV.2)
Award criteria
IV.2.1)
Award criteria
The most economically advantageous tender in terms of the criteria stated in the specifications or in the invitation to tender or to negotiate
IV.2.2)
Information about electronic auction
An electronic auction will be used: no
IV.3)
Administrative information
IV.3.1)
File reference number attributed by the contracting entity:
RFI_005866
IV.3.2)
Previous publication(s) concerning the same contract
no
IV.3.3)
Conditions for obtaining specifications and additional documents
Payable documents: no
IV.3.4)
Time limit for receipt of tenders or requests to participate
13.7.2015 - 13:00
IV.3.5)
Language(s) in which tenders or requests to participate may be drawn up
English. French. Polish.
IV.3.6)
Minimum time frame during which the tenderer must maintain the tender
IV.3.7)
Conditions for opening of tenders
Section VI: Complementary information

VI.1)
Information about recurrence
This is a recurrent procurement: yes
Estimated timing for further notices to be published: 01/06/2018.
VI.2)
Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.3)
Additional information:
The candidates should register on the EDF Purchasing Portal: http://pha.edf.com and fulfil the RFI number RFI_005866 (all documents needed will be downloaded in the RFI).
VI.4)
Procedures for appeal
VI.4.1)
Body responsible for appeal procedures
Tribunal de Grande Instance de Paris
4 boulevard du Palais
75055 Paris Cedex 01
FRANCE
Telephone: +33 144325151
Internet address: http://www.justice.gouv.fr
VI.4.2)
Lodging of appeals
VI.4.3)
Service from which information about the lodging of appeals may be obtained
Greffe du tribunal de Grande Instance de Paris
4 boulevard du Palais
75055 Paris Cedex 01
FRANCE
Telephone: +33 144325151
Internet address: http://www.justice.gouv.fr
VI.5)
Date of dispatch of this notice:
22.6.2015


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