Directive 2004/18/EC
Section I: Contracting authority
I.1)Name, addresses and contact point(s) I.2)Type of the contracting authorityBody governed by public law
I.3)Main activityOther: management, building and maintenance of State roads
I.4)Contract award on behalf of other contracting authoritiesThe contracting authority is purchasing on behalf of other contracting authorities: no
Section II: Object of the contract
II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
Building land — Pelješac bridge with access roads.
II.1.2)Type of contract and location of works, place of delivery or of performanceWorks
Execution
Main site or location of works, place of delivery or of performance: Mainland — Pelješac bridge.
NUTS code HR
II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)The notice involves a public contract
II.1.4)Information on framework agreement
II.1.5)Short description of the contract or purchase(s)
Building land — Pelješac bridge with access roads.
II.1.6)Common procurement vocabulary (CPV) II.1.7)Information about Government Procurement Agreement (GPA)The contract is covered by the Government Procurement Agreement (GPA): no
II.1.8)LotsThis contract is divided into lots: no
II.1.9)Information about variantsVariants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
Is defined in Annex 1. — Extract from the main project, which forms an integral part of the tender documents.
Estimated value excluding VAT: 1 756 000 000 HRK
II.2.2)Information about optionsOptions: no
II.2.3)Information about renewalsThis contract is subject to renewal: no
II.3)Duration of the contract or time limit for completionDuration in months: 42 (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:
Guarantees
In step 2 of this restricted procurement procedure, candidates who satisfy all the conditions set out in 1 of part of the tender documents and be invited to submit their tenders, when drafting the tender will be obliged to provide a tender guarantee, what will be specified in Part 2 of the tender documents.
In part 2 documentation and other guarantees will be set for repayment of repayable advance, guarantee, a guarantee for the proper performance of the contract, a guarantee for of rectification and guarantee work.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
Essential conditions for execution of the contract
A public contract shall be awarded to the tenderer whose tender is in accordance with the criteria set for the selection, selected as the most advantageous, which had demonstrated its ability to meet the required conditions and the 1 and 2 of part of the tender documents. Proposal for a Treaty will be an integral part 2 of part of the tender documents in step 2 of this restricted procurement procedure.
The selected tenderer and the contracting authority will award the contract on the basis of the model contract Federation Internationale des Ingenieurs-Conseils (FIDIC) for building and engineering works project by the contracting entity, adjusted for this project the relevant specific contract terms.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
The candidate who has himself lodged an application may not simultaneously participate in the application the Community competitors. Member of the 1 Communities candidates may not simultaneously be a member of the other Community competitors. The contracting entity shall on the basis of the results of the audits and evaluations requirements, refuse the request of the candidate provided by 2 or more cases in which the candidate and/or member of a Community candidate.
If the Community Candidate is invited to tender, it only as such, may submit a tender in the same composition and the same Community becomes the Community tenderers. Under Article 93(1), point 13. The law on public procurement the contracting authority is obliged on the basis of the result of the inspection and evaluation of tenders, to reject tenders from tenderers who submitted 2 or more tenders where the tenderer and/or a member of the consortium. The Contracting Entity shall immediately pay to each of the members of the consortium or group, for that part of the contract which he exercised, if the consortium or otherwise specified in the tender.
III.1.4)Other particular conditionsThe 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 registersInformation and formalities necessary for evaluating if the requirements are met: 1 The mandatory grounds for exclusion
The contracting authority shall exclude candidates from the procurement procedure in the following cases:
1.1 Under Article 57(1) Directive 2014/24/EU:
— Where the verification in accordance with Article 58, 59a and 61. Directive 2014/24/EU or otherwise finds that the economic operator has been convicted by a judgment of any of the criminal offences referred to in Article 57(1), (a) to (f) Directive 2014/24/EU.
The obligation to exclude an economic operator shall also apply where the person convicted by judgment is a member of the administrative, management or supervisory body of that economic operator or has powers of representation, decision-making or control therein.
For the purposes of determining the circumstances laid down in this point, the economic operator is obliged to offer to provide an extract from the relevant register, such as judicial register or, failing that, an equivalent document issued by the competent judicial or administrative authority in the Member State or country of origin or in the country in which he is established economic operator and showing that these requirements are met.
The economic operator may use the model declaration — form 1 of the tender documents.
If the Member State concerned or the country does not issue such documents or certificates, or where these do not cover all the cases specified in this point, they may be replaced by a declaration on oath or, in Member States or countries where there is no provision for declaration on oath, by a solemn declaration-made by the person concerned before the competent judicial or administrative authority, a notary or a competent professional or trade body in the Member State or country of origin or in the Member State or country of establishment of the economic operator.
1.2 Under Article 57(2) Directive 2014/24/EU:
— If the contracting authority finds that an economic operator has not complied with his obligations relating to the payment of taxes or social security contributions and where this is laid down in a binding judicial or administrative decision in accordance with the legal provisions of the country in which it is located has not fulfilled all their obligations to pay taxes or with the Member State of the contracting authority.
For the purposes of determining the circumstances laid down in this point, the economic operator shall submit a certificate issued by a competent authority in the Member State or country.
If the Member State concerned or the country does not issue such documents or certificates, or where these do not cover all the cases specified in this point, they may be replaced by a declaration on oath or, in Member States or countries where there is no provision for declaration on oath, by a solemn declaration-made by the person concerned before the competent judicial or administrative authority, a notary or a competent professional or trade body in the Member State or country of origin or in the Member State or country of establishment of the economic operator.
1.3 subject to the provisions of the law on public procurement (Official Gazette No 90/11, 83/13, 143/13 and 13/14 — decision of the Constitutional Court of the Republic of Croatia):
— where provided false information with the service of documents pursuant to Chapter III and Chapter IV of this tender file (grounds for exclusion and selection criteria of economic operators).
2 Other grounds for exclusion
The contracting authority shall exclude tenderers from public procurement in the following case:
2.1 where the economic operator in the last 2 years before the start of a procurement procedure has made grave professional misconduct, which the contracting authority can prove by any means.
Grave professional misconduct is the treatment of the economic operator in carrying out his professional activity in contravention of the relevant rules, professionally or contracts awarded, which is of such a nature as to that economic operator is unfit and nepouzdanom traffic which the contracting authority intends to conclude contracts. Grave professional misconduct in the performance of the contract such treatment as a result of an economic operator which has significant and/or repeated shortcomings in enforcement of the essential requirements in the contract which led to its termination, damage or other similar effects (for example: failure of roadworthiness test/tests upon completion of contractor’s liability because nepravodobno start work due to contractor liability, recovery of the guarantees for the proper completion of the contract performance erroneously does not rectify deficiencies within a reasonable period of time to the invitation of the contracting entity, neotklanjanje deficiencies within a warranty period). The existence of grave professional misconduct proved by the contracting authority on the basis of an objective assessment of the circumstances of each individual case and the relevant documentation (gradilišne and/or others).
1 Conditions regarding the legal and operational capacity (activity of construction, design and specialist geodetic work)
Conditions regarding the legal and operational capacity, and documents proving the ability
The operator shall provide the following evidence capabilities:
1.1 The candidate must demonstrate its participation in the application for entry in the Court, professional, craft or other appropriate register of the country of residence of the economic operator.
Entry in a register is to be demonstrated by the relevant copy but if it does not issue in the country which the economic operator, the economic operator may submit a declaration of the person legally authorised to sign on behalf of the economic operator with legal persons whose signature of the competent authority. The copy or declaration must not be more than 3 months starting from the date on which the public procurement procedure was initiated. In the event of the Community of the candidate, all the members of the consortium are obliged to prove their capacity to individually;
1.2 The documents for the purposes of carrying out construction activities in the Republic of Croatia:
In the Republic of Croatia built and/or perform works on the building or construction may obrtnik legal or natural person that is registered to practise or to carry out certain construction works which meets the requirements laid down in the law and the activities of the urban planning and construction (NN No 78/15) and special rules governing the building and which must have employed an authorised head of building and/or head of operations. More detailed information and instructions are available to operators on the website of the competent Ministry (http://www.mgipu.hr/default.aspx?id=32895).
The economic operator shall be obliged to prove the ability to perform construction activities in the Republic of Croatia. In the event of the Community of the candidate and/or subcontractors the required capabilities are required individually to demonstrate the members of the consortium of candidates and/or subcontractors, to build and/or perform work on the building which is the subject of this contract.
1.2.1 An economic operator established in Croatia
For the purposes of demonstrating the capacity required, the economic operator shall submit:
1 Extracts from the register of the Republic of Croatia or working from which must show that the economic operator is registered to practise or to carry out certain construction works;
2 Confirmation (on data from the directory, register, record or collections of documents) in charge of the Croatian Chamber of authorised construction manager and/or the authorised head of works, employees of the economic operator, which must contain the following information:
— company name of employment,
— indication of the active status of authorised members,
— the indication that not undertaken against the authorised member of the disciplinary proceedings.
1.2.2 A legal person established in another Contracting State of the European Economic Area who pursues activities of construction, may in the Republic of Croatia permanently (build operate through a branch), under the same conditions as legal entities established in the Republic of Croatia pursuant to the law on the duties and activities of urban planning and construction (NN No 78/15) and other specific regulations or must be registered to practise or to carry out certain building works and must have employed an authorised head of building and/or the authorised head of operations.
For the purposes of demonstrating the capacity required, the economic operator shall submit:
1 Extracts from the register of the Republic of Croatia or working from which must show that the economic operator founder and branches registered to practise or to carry out certain construction works;
2 Confirmation (on data from the directory, register, record or collections of documents) in charge of the Croatian Chamber of authorised construction manager and/or the authorised head of works, employees of the economic operator, which must contain the following information:
— company name of employment,
— indication of the active status of authorised members,
— the indication that not undertaken against the authorised member of the disciplinary proceedings.
1.2.3 Foreign legal persons domiciled in another Contracting State of the European Economic Area (hereinafter: EEA) may in the Republic of Croatia on a temporary and occasional basis, carry out the tasks according to the regulations of the country where it is located, once authorised by a declaration in writing on this notification the Ministry responsible for construction and spatial planning of the Republic of Croatia and the notification of the same Ministry that on a temporary and occasional basis may pursue the activities of construction in Croatia.
The abovementioned declaration by the economic operator from this point in the procedure for obtaining information, the Ministry also include a document proving:
— the right to pursue activities in the country of establishment of the parties, business persons with any restrictions (certificate of the competent authority to pursue the occupation of their home country and registering or valid licence or document that this right to pursue activities regulates),
— proof that the foreign legal persons insured against liability for damage to an investor could do business or other persons (contract or insurance policies signed by the policy holder and the insurer which includes a provision on the mandatory extension of validity after the expiry of the shelf/contract, which provisions shall be valid in the Republic of Croatia),
— Power of attorney for the representative foreign juridical persons, agents or assignee to accept service in the Republic of Croatia pursuant to Articles 32, 36 and 37. The General Administrative Procedure Act (NN No 47/09).
Detailed guidance on how obtain detailed information, is available on the website of the Ministry of Construction and Spatial Planning:http://www.mgipu.hr/default.aspx?id=38118
1.2.3.1 For the purposes of demonstrating the required capacity of this point of the contract documents, foreign legal persons from this point which is secure notification of the competent Ministry shall submit:
1 A valid notification the Ministry in charge of construction and spatial planning based on the performance of activities on a temporary and occasional basis in the Republic of Croatia;
2 Confirmation (on data from the directory, register, record or collections of documents) in charge of the Croatian Chamber of authorised construction manager and/or the authorised head of works, employees of the economic operator, which must contain the following information:
— company name of employment,
— indication of the active status of authorised members,
— the indication that not undertaken against the authorised member of the disciplinary proceedings.
1.2.3.2 For the purposes of demonstrating the required capacity of this point of the contract documents, foreign legal persons referred to in this point, which is not secure notification of the competent Ministry shall submit:
1 Professional or trade register or equivalent document from which the country must demonstrate that establishment may perform the activity of construction, i.e. that can perform the carrying out of certain works.
If the country of establishment of the economic operator shall refuse to issue the document from which the apparent pursuit of the activities of construction, the economic operator shall provide a declaration, by the person legally authorised to represent the legal person, which declares the fact. Foreign legal persons may use the model declaration — form 2 of this of tender documents; and
A statement given by a person who is legally authorised to represent the legal person, that legal person commits that, after conclusion of the contract contracting authority to give notice of the Ministry of Construction and Spatial Planning of the Republic of Croatia, which is a foreign legal person in the Republic of Croatia on a temporary and occasional basis approved by performing the duties of construction, or of individual works.
The economic operator may use the model declaration — Form 2a of this of tender documents;
2 Confirmation (on data from the directory, register, record or collections of documents) in charge of the Croatian Chamber of authorised construction manager and/or the authorised head of works, employees of the economic operator, which must contain the following information:
— company name of employment,
— indication of the active status of authorised members,
— the indication that not undertaken against the authorised member of the disciplinary proceedings; either
A statement given by a person who is legally authorised to represent the legal person, that legal person undertakes to after conclusion of the contract, for the authorised head of building and/or the authorised head of works, employees of the economic operator, the competent Croatian Chamber of a certificate of entry in the records of the authorised persons.
The economic operator may use the model declaration form 2B — this of tender documents.
1.2.4 Foreign legal persons established in a third country which carries out construction activity in a third country is entitled to the Republic of Croatia under the assumption of reciprocity, construction activity temporarily or occasionally carried out in accordance with Article 71. The law on work and activities of spatial planning and construction (NN No 78/15).
Presumption of reciprocity shall not apply to nationals of the Member States of the World Trade Organisation. The contracting entity shall verify the condition of reciprocity after receipt of requests to participate.
1.2.4.1 For the purposes of demonstrating the required capacity of this point of the contract documents, the economic operator established in a third State which is not a member of the World Trade Organisation, provides:
— professional or trade register or equivalent document from which must show that in the country of establishment is entitled to carry out construction activity, i.e. that can perform the carrying out of certain works.
If the country of establishment of the economic operator shall refuse to issue the document from which the apparent pursuit of the activities of construction, the economic operator shall provide a declaration, by the person legally authorised to represent the legal person, which declares that in the country of establishment of the legal person such document shall be issued. Foreign legal persons may use the model declaration — form 2 of the tender documents,
— a statement given by a person who is legally authorised to represent the legal person, that legal person undertakes to reciprocity in the event of a presumption, even if its tender will be selected, and after conclusion of the contract, provide:
Confirmation (on data from the directory, register, record or collections of documents) in charge of the Croatian Chamber of authorised construction manager and/or the authorised head of works, employees of the economic operator, which must contain the following information:
— company name of employment,
— indication of the active status of authorised members,
— the indication that not undertaken against the authorised member of the disciplinary proceedings.
The economic operator may use the model declaration — Form 2C of this documentation was submitted.
1.2.4.2 For the purposes of demonstrating the required capacity of this point of the contract documents, the economic operator established in a third country which is a member of the World Trade Organisation shall be provided by:
— professional or trade register or equivalent document from which must show that in the country of establishment is entitled to carry out construction activity, i.e. that can perform the carrying out of certain works.
If the country of establishment of the economic operator shall refuse to issue the document from which the apparent pursuit of the activities of construction, the economic operator shall provide a declaration, by the person legally authorised to represent the legal person, which declares that in the country of establishment of the legal person such document shall be issued. Foreign legal persons may use the model declaration — form 2 of the tender documents.
— a statement given by a person who is legally authorised to represent the legal person, that legal person undertakes to offer if it be selected and, after conclusion of the contract, provide:
Confirmation (on data from the directory, register, record or collections of documents) in charge of the Croatian Chamber of authorised construction manager and/or the authorised head of works, employees of the economic operator, which must contain the following information:
— company name of employment,
— indication of the active status of authorised members,
— the indication that not undertaken against the authorised member of the disciplinary proceedings.
The economic operator may use the model declaration — Form 2D of tender documents.
Detailed guidance is available on the website of the Ministry of Construction and Spatial Planning:http://www.mgipu.hr/default.aspx?id=38118
1.3 The documents for the purposes of performing the activities of design in the Republic of Croatia:
Croatia may carry on the business of designing a legal person that is registered to perform design activities under Article 22 The law on work and activities of spatial planning and construction (NN No 78/15) and which must have employed an authorised architect or authorised engineers.
More detailed information and instructions are available to operators on the website of the competent Ministry (http://www.mgipu.hr/default.aspx?id=32895).
The economic operator shall be obliged to prove the ability to perform design activities in the Republic of Croatia.
In the event of the Community of the candidate and/or subcontractors the required capabilities are required individually to demonstrate Community members, candidates and/or subcontractors who will perform the activity of design.
1.3.1 An economic operator established in Croatia
For the purposes of demonstrating the capacity required, the economic operator shall submit:
1 Extracts from the register of the Republic of Croatia or working from which must show that the economic operator is registered to practise design;
2 Confirmation (on data from the directory, register, record or collections of documents) responsible for the statutory of the Croatian Chamber of Architect or authorised engineers, employees of the economic operator, which must contain the following information:
— company name of employment,
— indication of the active status of authorised members,
— the indication that not undertaken against the authorised member of the disciplinary proceedings.
1.3.2 A legal person established in another Contracting State of the European Economic Area who carries on the business of designing, may in the Republic of Croatia permanently (through a branch) carry on the business of designing, under the same conditions as legal entities established in the Republic of Croatia pursuant to the law on the duties and activities of urban planning and construction (NN No 78/15) and other specific regulations or must be registered to perform the activity of design and must have employed an authorised architect or authorised engineers.
For the purposes of demonstrating the capacity required, the economic operator shall submit:
1 extracts from or working of the register of the Republic of Croatia which must show that the economic operator founder and branches registered to practise design;
2 a certificate (the data described in the directory, register, record or collections of documents) responsible for the statutory of the Croatian Chamber of Architect or authorised engineers, employees of the economic operator, which must contain the following information:
— company name of employment,
— indication of the active status of authorised members,
— the indication that not undertaken against the authorised member of the disciplinary proceedings.
1.3.3 Foreign legal persons domiciled in another Contracting State of the European Economic Area (hereinafter: EEA) may in the Republic of Croatia on a temporary and occasional basis, carry out the tasks according to the regulations of the country where it is located, once authorised by a declaration in writing on this notification the Ministry responsible for construction and spatial planning of the Republic of Croatia and the notification of the same Ministry that on a temporary and occasional basis may pursue the activities of design in Croatia.
The abovementioned declaration by the economic operator from this point in the procedure for obtaining information, the Ministry also include a document proving:
— the right to pursue activities in the country of establishment of the parties, business persons with any restrictions (certificate of the competent authority to pursue the occupation of their home country and register or document that this right to pursue activities regulates),
— proof that the foreign legal persons insured against liability for damage to an investor could do business or other persons (contract or insurance policies signed by the policy holder and the insurer which includes a provision on the mandatory extension of validity after the expiry of the shelf/contract, which provisions shall be valid in the Republic of Croatia),
— Power of attorney for the representative foreign juridical persons, agents or assignee to accept service in the Republic of Croatia pursuant to Articles 32, 36 and 37. The General Administrative Procedure Act (NN No 47/09).
Detailed guidance on how obtain detailed information, is available on the website of the Ministry of Construction and Spatial Planning:http://www.mgipu.hr/default.aspx?id=38118
1.3.3.1 For the purposes of demonstrating the required capacity of this point of the contract documents, foreign legal persons from this point which is secure notification of the competent Ministry shall submit:
1 A valid notification the Ministry in charge of construction and spatial planning based on the performance of activities on a temporary and occasional basis in the Republic of Croatia;
2 Confirmation (on data from the directory, register, record or collections of documents) in charge of the Croatian Chamber of authorised architect or authorised engineers, employees of the economic operator, which must contain the following information:
— company name of employment,
— indication of the active status of authorised members,
— the indication that not undertaken against the authorised member of the disciplinary proceedings.
1.3.3.2 For the purposes of demonstrating the required capacity of this point of the contract documents, foreign legal persons referred to in this point, which is not secure notification of the competent Ministry shall submit:
1 Professional or trade register or equivalent document from which the country must demonstrate that establishment may carry on the business of designing.
If the country of establishment of the economic operator shall refuse to issue the document from which the apparent practice of design, the economic operator shall provide a declaration, by the person legally authorised to represent the legal person, which declares the fact. Foreign legal persons may use the model declaration — form 3 of this of tender documents; and
A statement given by a person who is legally authorised to represent the legal person, that legal person undertakes, in the event that its tender is selected that after conclusion of the contract, the contracting authority will give notification of the Ministry of Construction and Spatial Planning of the Republic of Croatia, which is a foreign legal person in the Republic of Croatia on a temporary and occasional basis shall approve an design.
The economic operator may use the model declaration — Form 3a of this of tender documents;
2 Confirmation (on data from the directory, register, record or collections of documents) in charge of the Croatian Chamber of authorised architect or authorised engineers, employees of the economic operator, which must contain the following information:
— company name of employment,
— indication of the active status of authorised members,
— the indication that not undertaken against the authorised member of the disciplinary proceedings; either
A statement given by a person who is legally authorised to represent the legal person, that legal person undertakes that, should its bid is selected, and after conclusion of the contract, to authorised architect or authorised engineers, employees of the economic operator, the competent Croatian Chamber of a certificate of entry in the records of the authorised persons.
The economic operator may use the model declaration form 3B — this of tender documents.
1.3.4 A foreign juridical person established in a third country who carries on the business of designing in a third State is entitled in the Republic of Croatia under the assumption of reciprocity, temporarily or occasionally perform design activities in accordance with Article 71. The law on work and activities of spatial planning and construction (NN No 78/15).
Presumption of reciprocity shall not apply to nationals of the Member States of the World Trade Organisation.
The contracting entity shall verify the condition of reciprocity after receipt of requests to participate.
For the purposes of demonstrating the required capacity of this point of the contract documents, the economic operator established in a third country shall submit:
1 Professional or trade register or equivalent document from which must show that in the country of establishment is entitled to carry on the business of designing.
If the country of establishment of the economic operator shall refuse to issue the document from which the apparent practice of design, the economic operator shall provide a declaration, by the person legally authorised to represent the legal person, which declares that in the country of establishment of the legal person such document shall be issued. The economic operator may use the model declaration — form 3 of this of tender documents;
2 A statement given by a person who is legally authorised to represent the legal person, that legal person undertakes that, should its offers will be selected and, after conclusion of the contract, provide:
Confirmation (on data from the directory, register, record or collections of documents) in charge of the Croatian Chamber of authorised architect or authorised engineers, employees of the economic operator, which must contain the following information:
— company name of employment,
— indication of the active status of authorised members,
— the indication that not undertaken against the authorised member of the disciplinary proceedings.
The economic operator may use the model declaration form 3B — this of tender documents.
1.4 A valid authorisation or membership of a specific organisation
Pursuant to Article 10 Of the Performance of Geodetic Work Act (NN Nos 152/08, 61/11 and 56/13), perform expert geodetic work is possible only with the consent of the State Geodetic Administration of the Republic of Croatia.
Authorisation to perform specialist geodetic work in the Republic of Croatia shall provide the economic operator, or in the case of the Community of the candidate and/or subcontractor Member of a Community candidate/subcontractor, who is to perform expert geodetic works forming part of the subject-matter of the contract pursuant to the Performance of Geodetic Work Act (NN Nos 152/08, 61/11 and 56/13).
(http://www.dgu.hr/poslovne-informacije/pravilnici.html)
1.4.1 A natural or legal person established in Croatia may start to perform specialist geodetic work only if it has the agreement of the State Geodetic Administration.
In order to evidence the capacity required, shall be submitted:
1 Valid solution that gives its approval to perform expert geodetic work pursuant to the Performance of Geodetic Work Act (NN Nos 152/08, 61/11 and 56/13) and the rules on the conditions and criteria for granting and withdrawing approval to perform tasks of state property and cadastral systems measure (NN Nos 105/07 and 116/07) granted by the state-owned Geodetska uprava Republike Hrvatske and covered by the expert geodetic works which form part of the subject-matter of the contract.
1.4.2 Foreign legal persons domiciled in a Contracting State of the European Economic Area (the EU, Norway, Liechtenstein and Iceland) may in the Republic of Croatia permanently perform expert geodetic works through a branch.
In order to evidence the capacity required, shall be submitted:
1 Valid solution that State Geodetska uprava Republike Hrvatske decrees granting consent to permanently perform expert geodetic work pursuant to the Performance of Geodetic Work Act (NN 152/08, 61/11 and 56/13) and the rules on the conditions and criteria for granting and withdrawing approval to perform tasks of state property and cadastral systems measure (NN Nos 105/07 and 116/07) and covered by the expert geodetic works which form part of the subject-matter of the contract.
1.4.3 Foreign legal persons domiciled in a Contracting State of the European Economic Area (the EU, Norway, Liechtenstein and Iceland) may occasionally or temporarily in the Republic of Croatia carried out specialist geodetic work in any organisational, i.e. statusno-pravnim forms if:
— registered to perform expert geodetic work (activity) in the State, and
— where he is employed persons performing specialist geodetic work in their capacity as responsible person (authorised engineer geodezije), professional staff or associates,
— and if under these conditions, of obtaining a solution that State Geodetska uprava Republike Hrvatske decrees granting consent for temporarily or occasionally perform expert geodetic work pursuant to the Performance of Geodetic Work Act (NN Nos 152/08, 61/11 and 56/13) and the rules on the conditions and criteria for granting and withdrawing approval to perform tasks of state property and cadastral systems measure (NN Nos 105/07 and 116/07) and covered by the expert geodetic works which form part of the subject-matter of the contract.
In order to evidence the capacity required, shall be submitted:
1 Valid solution that State Geodetska uprava Republike Hrvatske decrees granting consent for temporarily or occasionally perform expert geodetic work pursuant to the Performance of Geodetic Work Act (NN Nos 152/08, 61/11 and 56/13) and the rules on the conditions and criteria for granting and withdrawing approval to perform tasks of state property and cadastral systems measure (NN Nos 105/07 and 116/07) and covered by the expert geodetic works which form part of the subject-matter of the contract; either
Statement given by a person legally authorised to sign on behalf of the economic operator, economic operator undertakes to hold the Contracting Authority after conclusion of the contract and provide a solution that State Geodetska uprava Republike Hrvatske consents to temporarily or occasionally perform expert geodetic work and covered by the expert geodetic works which form part of the subject-matter of the contract. An economic operator who does not possess a solution/consent of the State Geodetic Administration of Croatia may use the model declaration — form 4 of the tender documents.
1.4.4 A foreign person which has its seat in a non-Contracting State of the Agreement on the European Economic Area has the right to perform specialist geodetic work in the Republic of Croatia, under the assumption of reciprocity, with the fulfilment of all the conditions pursuant to the Performance of Geodetic Work Act (NN Nos 152/08, 61/11 and 56/13) stipulated for foreign persons established in the Contracting States of the European Economic Area.
In order to evidence the capacity required, shall be submitted:
1 Statement given by a person who is legally authorised to represent the legal person, that legal person undertakes to reciprocity in the event of a presumption, even if its tender will be selected, and after conclusion of the contract, provide:
— a solution that State Geodetska uprava Republike Hrvatske decrees granting consent for permanent/temporary or occasionally perform expert geodetic work pursuant to the Performance of Geodetic Work Act (NN Nos 152/08, 61/11 and 56/13) and the rules on the conditions and criteria for granting and withdrawing approval to perform tasks of state property and cadastral systems measure (NN Nos 105/07 and 116/07) and covered by the expert geodetic works which form part of the subject-matter of the contract.
An economic operator who does not possess a solution/consent of the State Geodetic Administration of Croatia may use the model declaration — Form 4a of this documentation was submitted.
III.2.2)Economic and financial abilityInformation and formalities necessary for evaluating if the requirements are met: 2 The conditions of the financial capacity
The candidate is required to provide the following documents and meet the minimum levels of financial capacity:
2.1 A statement of overall turnover of the economic operator for the scope of its activities which falls in the procurement for the period until the last 3 financial years available (2013, 2014 and 2015).
In the event that the values required candidates to charge in a foreign currency, obračunavat will be equivalent to such currency in HRK Croatian National Bank’s central exchange rate on the day of the commencement of this procedure, i.e. on the date on which electronic procurement ads service in Croatia.
Justification for requesting proof of financial capacity:
Given the multi-annual contract duration, challenging technology works by, prompt the design and delivery of steel structures, significant quantities of deep-sea for specific know-how, the candidate will have to provide for significant use of own financial resources. The required evidence showing that the financial capacity of the candidate will be able to discharge all obligations which will in due course be held during the execution of cases were so as not to supply to a planned dynamics of the works.
An economic operator may, where appropriate, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. In this case the economic operator must prove that it will have at its disposal the resources necessary. Under the same conditions, a group of candidates may rely on the capacities of participants in the group of candidates or other operators.
If, for justified reasons, the economic operator is unable to provide the financial viability of document requested by the contracting authority, he may prove financial capacity and by any other document containing the required.
Minimum level(s) of standards possibly required: Average total turnover must be at least equal to the estimated value of the subject-matter of the contract and thus the economic operator shall demonstrate the financial capacity to work at a rate required to the subject of the standard 5.
III.2.3)Technical capacityInformation and formalities necessary for evaluating if the requirements are met:
3 The conditions of technical and professional capacity
The candidate is obliged to provide the following documents and satisfy the minimum level of technical and professional capacity:
3.1 Contract list — model 6 works contracts carried out in the year in which started a procurement procedure and during the 15 years preceding that year.
A period of 15 years shall be used as reference period to ensure an adequate level of competition, since the contracts are rarely what specific infrastructure project carried out at global level.
List of contracts includes the value of the works, date, place of performance and the name of the counterparty. The list as evidence of satisfactory execution of the works or shall be accompanied by confirmation of counterparties — form 7, that the work is carried out according to the rules of the trade and properly completed. Certificate of duly completed contracts must contain the following information: the name and registered office of the Contracting Parties, subject of the contract, contract value, time and place of contract performance, indication of the duly completed contracts. Where necessary, the Contracting Party may directly from another Contracting Party to verify the veracity of the certificates.
3.1.1 The candidate must submit the certificate that he is duly made by at least the following:
3.1.2 The candidate must submit the certificate that he is duly made by at least the following:
3.3 List of technical experts who will be involved in the contract — form 8
3.4 Educational and professional qualifications:
3.4.1 Key expert as described under point 3.3.1 of this Chapter, must have experience in building bridges or suspended ekstrados bridges which included the works for a deep pile for steel in water, contracted on the model FIDIC contract, acting as representatives of the contractors per FIDIC contract.
An economic operator may, where appropriate, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. In this case the economic operator must prove to the contracting authority that it will have at its disposal the resources necessary for performance of the contract, for example, by producing an undertaking by those entities to place the necessary resources at the disposal of the economic operator (in the form of contracts, agreements or any other pravovaljanog evidence on the provision of services which are the subject of this tender).
Under the same conditions, a group of candidates may rely on the capacities of participants in the group of candidates or other operators.
Foreign candidates must comply with the relevant laws and regulations governing the operation and stay of foreigners in Croatia (Law on Aliens (NN Nos 130/11 and 74/13)).
If the appointed experts from this point to the party, the same must knowledge of Croatian in the letter and the speech, minimum level B2, or shall provide interpretation into Croatian of their cost, and as evidenced by the declaration of authorised official candidate, which must be submitted as part of the application for participation.
Minimum level(s) of standards possibly required:
The candidate must submit a certificate showing that (s) he has been duly executed at least 1 and no more than 3 identical or similar contract which is the subject-matter of the contract, at least equal to the aggregate amount of the subject-matter of the contract and estimated value of which must show that the cumulative shall consist of the following works:
— construction of the bridge, or extrados ovješenog rasponskom with steel structure — Steel crate with ortotropnom kolničkom plate or steel crate betonskom kolničkom plate, coupled with a minimum range of 200 m,
— carrying out deep for bridge engineering or another establishment — also with floating zabijanim pilots working platforms, pilot minimum diameter 1 800 mm.
If the counterparty is a certificate issued for the Community tenderers or some other form of where more economic operators together had a contract, in the same certificate must clearly indicate which works and for which value is an economic operator who applies for the participation in this tender procedure executed. Otherwise, such a certificate authority will not accept.
Justification of the required selection criteria:
Given the complexity of the subject-matter of the contract, the contracting entity performance prescribed minimum levels of selection criteria, which are comparable to the subject of procurement, i.e. construction of the Pelješac bridge mainland — the following technical characteristics:
— length of the bridge — 2 404 m,
— The width of the bridge — 22.5 m,
— area of the bridge — 54 000 m2,
— rasponska structures — Steel crate with ortotropnom kolničkom plate,
— EUR 5 range per 285 m,
— Height of the pillars/pile-extractors — 82-98 m above sea,
— species for — zabijani steel pilots 1 800-2 000 mm diameter, length of 124 m,
— sea-depth shall at its deepest part — 27-28 m.
Due to the technical complexity of the construction, assembly and risks under construction, the candidate must possess the required minimum experience as required by the tender documents.
Given minimum level of technical ability constitute conditions which candidates must demonstrate their ability to execute procurement cases as set more specific, technical and technological very demanding and complex elements that must be quality and timely besprijekornu in functionally linked together, and as can be seen from Annex 1. Extract from the main project (technical description and graphic Annex) which is an integral part of this tender file.
Since the base the bridge in question carries out specific and very demanding technology: pilots in sea zabijanim by means of wire with a diameter of 1 800-2 000 mm, with floating working platform which should be accurately positioned and lashed, ensuring full continuity block and without interruption and given the proportion and relevance of the works for the bridge construction works in relation to total, the candidate must have the required experience.
The candidate must provide proof that (s) he is acting as the Chief Executive of duly executed at least 1 service contract for the design of the project for the performance and/or establishment of the same or similar structures such as the complexity of the subject matter of this procurement (suspended bridge or extrados bridge).
Justification of the required conditions of technical capacity:
Given that part of the subject-matter of the contract and the construction of the project has the significance of substantial effect on the subject-matter of the contract, it is necessary to prove that the tenderer possesses the required minimum capacity for its implementation.
Minimum required experts required for the works to be carried out are:
3.3.1 1 representative of the Contractor per fidic-u.
As evidence of the competence required of the designated experts, shall submit the following documents:
— Curriculum Vitae of which shows the required experience,
— the certificate/E granted/E and signed/E by another Contracting Party (ies) from which the proposed expert has the required capabilities,
— Declaration, signed by the experts and endorsed by the economic operator whose expert staff member, that this expert be engaged in work which is subject of this procurement procedure, and if not employed an signed declaration of experts in which it is to be mentioned that it is not employed, but will be available for the tasks that are the subject of this procurement procedure.
Justification of the required conditions of professional capacity:
For the contracting of the works will be used FIDIC fundamental provisions of the Treaty, under which the Contractor’s representative is a key person in performance of the contract by the Contractor, which acts on behalf of the contractors and directs the execution of the contract on behalf of the Contractor. View of the liability which as a key figure in the implementation of the FIDIC contract possesses the contractor’s representative, it is essential that the applicant demonstrates the required capabilities.
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 procedureRestricted
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
IV.2)Award criteria
IV.2.1)Award criteriaThe most economically advantageous tender in terms of the criteria stated below
1. 1 Price — 70 points — 70 % weighting. Weighting 0
2. 2 The period of completion of the works — 5 points — 5 % weighting. Weighting 0
3. 3 The guarantee to remedy shortcomings within a warranty period — weighting 25 points — 25 %. Weighting 0
4. 3.1 Garantni deadline (length of service) quality of derivative works — 15 points the relative significance of the sub-criteria — 60 %. Weighting 0
5. 3.2 The amount of the guarantees to remedy shortcomings within a warranty period — weighting 10 points sub-criteria — 40 %. Weighting 0
6. The contracting entity shall in the tender documents in step 2 of this procurement procedure, the invitation to tender, the criterion of the economically most advantageous tender elaborate in detail and define the methodology of scoring.. Weighting 0
IV.2.2)Information about electronic auctionAn electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
95/800-16
IV.3.2)Previous publication(s) concerning the same contractno
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive documentPayable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate22.8.2016 - 10:00
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
IV.3.6)Language(s) in which tenders or requests to participate may be drawn upCroatian.
IV.3.7)Minimum time frame during which the tenderer must maintain the tenderin days: 120 (from the date stated for receipt of tender)
IV.3.8)Conditions for opening of tendersPlace:
Hrvatske ceste d. o. o., Zagreb, vončinina 3
Section VI: Complementary information
VI.1)Information about recurrenceThis is a recurrent procurement: no
VI.2)Information about European Union funds
VI.3)Additional information
VI.4.3) Service from which information may be obtained concerning appeal:
The appeal shall be in writing, state the Commission for the control of public procurement procedures, to the following address: Republic of Croatia, the State Commission for the control of public procurement procedures, koturaška roads 43/IV, HR-10000 Zagreb.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal proceduresDržavna komisija za kontrolu postupaka javne nabave
95857869241
Koturaška cesta 43/IV
10000 Zagreb
Croatia
E-mail: dkom@dkom.hr
Telephone: +385 14559930
Internet address: www.dkom.hr
Fax: +385 14559933
VI.4.2)Lodging of appealsPrecise information on deadline(s) for lodging appeals: In a restricted procedure procurement with a high value the appeal shall be lodged within 10 days from the date of:
— publication of a contract notice relating to the content of the contract notice and contract documents and additional documents if any,
— publication of the amendments of the contract documents relating to the content of the amendments to the documentation,
— receipt of the only in relation to the procedure for testing and assessment of requests to participate,
— receipt of invitation to tender in relation to the content of the offer,
— receipt of amendments to documents for drawing up the tender,
— receipt of selection decisions or decisions on the cancellation in respect of the review process, evaluation and selection of the tenders and the reasons for cancellation.
The appellant failed to appeal to a certain stage and open procurement procedure, in accordance with the provisions of paragraph 1 of Article 146. The Public Procurement Act (NN Nos 90/11, 83/13 and 143/13) is not entitled to appeal at a later stage of proceedings for a preliminary phase.
VI.4.3)Service from which information about the lodging of appeals may be obtained VI.5)Date of dispatch of this notice:20.6.2016