Help us improve the TED website by filling out our short survey!

Works - 290839-2019

Display compact view

24/06/2019    S119    External aid programmes - Works - Contract notice - Open procedure 

North Macedonia-Skopje: IPA - Closure of Non-compliance Landfills and Dumpsites in East and North-east Regions

2019/S 119-290839

Location — East and North-east Regions in Republic of North Macedonia/Europe (non-EU)

Works Contract Notice


1.Publication reference
EuropeAid/139269/IH/WKS/MK
2.Procedure
Open
3.Programme title
Instrument for Pre-Accession Assistance (IPA II) – Sector Operational Programme for Environment and Climate Action 2014 – 2020.
4.Financing
Financing Agreement (IPA/2014/037-702) adopting a multiannual action programme on environment and climate action and transport signed on 10.10.2016 and amended on 29.11.2017.
5.Contracting Authority

Ministry of Finance, Central Financing and Contracting Department (CFCD), Skopje, Republic of North MACEDONIA, http://cfcd.finance.gov.mk/


Contract specifications

6.Description of the contract
The works contract for closure of non-compliant landfills and dumpsites in the East and Northeast regions shall cover the following:
— clean-up of non-compliant landfills and small dumpsites by excavation of waste and transport of excavated waste in the East and Northeast regions,
— remediation and closure of minimum four (4) old landfills in East Region and minimum two (2) old landfills in Northeast Region by reshaping and construction of a top capping system including leachate and gas collection systems where necessary,
— reshaping of minimum five (5) old landfills in East Region and minimum three (3) landfills in North-East Region and construction of drainage for leachate collection where necessary. The landfills will not be closed but remain in operation till the completion of the regional waste management centre.
The contract will be implemented according to the FIDIC conditions of contract (‘Yellow Book’, 1999 edition).
7.Number and titles of lots
Lots are as follows:
Lot 1: Closure of Non-compliance Landfills and Dumpsites in East region;
Lot 2: Closure of Non-compliance Landfills and Dumpsites in North-East region.


Terms of participation

8.Eligibility and rules of origin
Participation is open to all natural persons who are nationals of and legal persons (participating either individually or in a grouping – consortium – of tenderers) which are effectively established in a Member State of the European Union or in a eligible country or territory as defined under the Regulation (EU) No 236/2014 establishing common rules and procedures for the implementation of the Union's instruments for external action (CIR) for the applicable instrument under which the contract is financed (see also heading 22 below). Participation is also open to international organisations. All supplies under this contract must originate in one or more of these countries. However, they may originate from any country when the amount of the supplies to be purchased is below 100 000 EUR per purchased.
Please be aware that after the United Kingdom's withdrawal from the EU, the rules of access to EU procurement procedures of economic operators established in third countries and of goods originating from third countries(1) will apply to candidates or tenderers from the United Kingdom, and to all candidates or tenderers proposing goods originating from the United Kingdom(1) depending on the outcome of negotiations. In case such access is not provided by legal provisions in force at the time of the contract award, candidates or tenderers from the United Kingdom, and candidates or tenderers proposing goods originating from the United Kingdom could be rejected from the procurement procedure.
(1) However, they may originate from any country when the amount of the supplies to be purchased is below 100 000 EUR.
9.Grounds for exclusion
Tenderers must submit a signed declaration, included in the tender form for a works contract, to the effect that they are not in any of the situations listed in Section 2.6.10.1 of the practical Guide.
Tenderers included in the lists of EU restrictive measures (see Section 2.4. of the PRAG) at the moment of the award decision cannot be awarded the contract.
10.Number of tenders
Tenderers may submit only one tender per lot. Tenders for parts of a lot will not be considered. Any tenderer may state in its tender that it would offer a discount in the event that its tender is accepted for more than one lot. Tenderers may not submit a tender for a variant solution in addition to their tender for the works required in the tender dossier.
11.Tender guarantee
Tenderers must provide a tender guarantee of amount stated in the table hereafter when submitting their tender.
Lot Nr.:
Lot 1
Tender guarantee amount: 75 000 EUR
Lot 2
Tender guarantee amount: 55 000 EUR
This guarantee will be released to unsuccessful tenderers once the tender procedure has been completed and to the successful tenderer[s] upon signature of the contract by all parties.
12.Performance guarantee
The successful tenderer will be asked to provide a performance guarantee of 10 % of the amount of the contract at the signing of the contract. This guarantee must be provided together with the return of the countersigned contract no later than 30 days after the tenderer receives the contract signed by the Contracting Authority. If the selected tenderer fails to provide such a guarantee within this period, the contract will be void and a new contract may be drawn up and sent to the tenderer which has submitted the next cheapest compliant tender.
13.Information meeting and/or site visit
No information meeting is planned.
14.Tender validity
Tenders must remain valid for a period of 90 days after the deadline for submission of tenders. In exceptional circumstances, the Contracting Authority may, before the validity period expires, request that tenderers extend the validity of tenders for a specific period.
15.Period of implementation of tasks
The period of implementation of tasks is 365 calendar days from the commencement date until the issue of the taking-over certificate for each lot separately. It is followed by 365 calendar days for defect liability (notification) period for each lot separately.


Selection and award criteria

16.Selection criteria
In order to be eligible for the award of the contract, tenderers must provide evidence that they meet the selection criteria. This evidence must be provided by tenderers in the form of the information and documents as requested in Section 12.2 of the instruction to tenderers.
In the case of a tender submitted by a joint venture/consortium, unless specified, these selection criteria will be applied to the joint venture/consortium as a whole.
The selection criteria for each tenderer are as follows:
16.1) Economic and financial capacity of candidate:
16.1.1) The annual turnover of the candidate for each of the last 3 financial years closed and audited up to the date of submission of tender must be at least.
Lot 1
Annual turnover: 4 900 000 EUR
Lot 2
Annual turnover: 3 700 000 EUR.
The amounts presented in the table above are cumulative when the tenderer is tendering for more than one lot.
In case of a joint venture/consortium the leader shall meet at least 50 % of the criteria regarding the annual turnover.
16.1.2) The candidate’s current assets must be higher than the current liabilities in at least 2 out of the last 3 financial years closed and audited up to the deadline for submission of tenders.
The above requirements must be proven by the financial statements of the tenderer over the last 3 financial years closed and audited by an Independent Auditor up to the deadline for submission of tenders.
16.1.3) The tenderer shall demonstrate, by a bank statement that, he has available or has access to credit lines or any other credit facilities sufficient to meet the construction cash flow (other than pre-financing), in addition to the Tenderer’s commitments for other contracts, for the whole duration of the contract of not less than the following amounts hereafter for each lot:
Lot 1:
Access to credit lines or any other credit facilities: 550 000 EUR
Lot 2:
Access to credit lines or any other credit facilities: 500 000 EUR
The amounts presented in the table above are cumulative when the tenderer is tendering for more than one lot.
This requirement shall be demonstrated by a bank statement showing clearly that the credit facility is available specifically for this project.

For purposes of converting another currency to Euro, the Conversion rates, published in the Official Journal of European Communities shall be used, which can be found at: http://ec.europa.eu/budget/inforeuro/index.cfm?Language=en

For converting and calculating annual turnovers in Euro, the rates for June of each year shall be used.
16.2) Technical and professional capacity of candidate:
16.2.1) The tenderer must be a registered firm or natural person legally capable of carrying out the specified works;
16.2.2) The tenderer shall have a professional license, certificate (or right), in accordance with the laws of the country in which he is established, or equivalent, for the execution of the specified works (applicable to: each sole Tenderer, each member of a joint venture/consortium);
16.2.3) The tenderer shall have successfully completed similar construction works contracts in the nature as defined below, as a contractor, within the past five (5) years up to the submission deadline of this tender, which for each lot are as follows:
(a) for Lot 1 the tenderer must have completed at least one (1) works contract as Prime Contractor for closure and/or rehabilitation and/or remediation of non-compliant landfills and/or dumpsites for municipal waste with the candidate’s proportion of the budget of at least 2 000 000 EUR; and
(b) for Lot 2 the Tenderer must have completed at least one (1) works contract as prime contractor for closure and/or rehabilitation and/or remediation of non-compliant landfills and/or dumpsites for municipal waste with the candidate’s proportion of the budget of at least 1 500 000 EUR.
In case a candidate is tendering for more than one lot, the abovementioned technical capacity requirements under 16.2.3 a) and b) shall apply cumulatively for the lots concerned.
The contract is considered completed if certificate of satisfactory completion or equivalent certificate is issued by the respective employer/Contracting Authority/engineer/client/beneficiary of the reference project clearly indicating the date of issuing of the aforementioned certificates.
Completion means that the contract the tenderer refers to could have been started/implemented/completed at any time during the indicated period but it does not necessarily have to be started during that period, nor implemented within the entire period.
In case of a joint venture/consortium, the Leader of the joint venture/consortium must satisfy the requirement regarding the experience as contractor listed under Sub – Clause 16.2.3 of the works Contract Notice for each lot.
If a tenderer has implemented the project in a joint venture/consortium, it should be clear from the documentary evidence (taking-over/performance certificates) the percentage the tenderer has successfully completed. Should the submitted documents not provide clear information on the percentage of the works, it will be clarified by further documents.
For the purpose of this tender, prime contractor shall be considered a legal entity that was member of joint venture/consortium with the highest percentage in the construction works in a reference project.
16.2.4) The tenderer’s key personnel (Forms 4.6.1.2 and 4.6.1.3) must have the human resources appropriate for the performance of the Contract including as a minimum the following:
— One (1) project manager/contractor’s representative must have at least university degree in engineering and shall have a minimum of 10 years general experience in civil engineering and has to have completed at least one (1) project as a project manager/contractor’s representative in contract of closure and/or rehabilitation and/or remediation of non-compliant landfills and/or dumpsites for municipal waste of a similar nature and technical complexity as described in pt.6 above and governed by FIDIC condition of contract or equivalent,
— One (1) design engineer must have at least university degree in engineering and shall have a minimum of 5 years general experience in civil engineering, and has to have completed at least one (1) project as Design Engineer in design of closure and/or rehabilitation and/or remediation of non-compliant landfills and/or dumpsites for municipal waste of a similar nature and technical complexity as described in pt.6 above and governed by FIDIC condition of contract or equivalent.
All proposed personnel shall be fluent in English.
In case of bidding for more than one lot, the tenderer shall propose one (1) project manager/contractor’s representative and one (1) design engineer per lot.
16.3) Capacity-providing entities:
An economic operator may, where appropriate and for a particular contract, rely on the capacity of other entities, regardless of the legal nature of the links which it has with them. Some examples of when it may not be considered appropriate by the Contracting Authority are when the tenderer relies mostly on the capacity of other entities or when it relies on key criteria. If the tenderer relies on other entities, it must prove to the Contracting Authority that it will have at its disposal the resources necessary to perform the contract, for example by producing a commitment on the part of those entities to place resources at its disposal. Such entities, for instance the parent company of the economic operator, must respect the same rules of eligibility and notably that of nationality, as the economic operator. Furthermore, the tender should include a separate document providing data on this third entity for the relevant selection criterion. Proof of capacity must be furnished at the request of the Contracting Authority.
With regard to technical and professional criteria, a tenderer may only rely on the capacities of other entities where the latter will perform the works for which these capacities are required.
With regard to economic and financial criteria, the entities upon whose capacity the tenderer relies, become jointly and severally liable for the performance of the contract.
17.Award criteria
The most economically advantageous tender is the technically compliant tender with the lowest price.


Tendering

18.How to obtain the tender dossier

The tender dossier is available from Ministry of Finance, Central Financing and Contracting Department (CFCD), Dame Gruev 12, 1000 Skopje, e-mail: cfcd@finance.gov.mk, on a CD_ROM, upon payment of 100 Euros for the tender dossier per lot, which excludes courier delivery:

The amount paid for the tender dossier is not refundable.
Interested tenderers have to authorise the person to receive the tender dossier. Upon payment of 100 Euros for the tender dossier per lot to the bank account mentioned below, the tenderers can receive the tender dossier including the design documentation and drawings (Volume 5) from the Contracting Authority.
For payments from foreign tenderers
Please remit the above sum in EUR to the following account:
Ministry of Finance
NBRM(2), address: Bul. ‘Kuzman Josifovski Pitu’ No 1, 1000 Skopje
IBAN: MK07 1007 0100 0003 371
SWIFT BIC: NBRM MK 2X
For payments from domestic tenderers
Please remit the above sum expressed in EUR in Denar equivalent according to the middle exchange rate of the NBRM applicable on the date of payment to the following account:
Примач: Министерство за финансии
Број на сметка на корисник: 090010016763117
Приходно конто: 724125
Програма: 10
Цел на дознака: подигнување на тендерско досие за тендерот за Затварање на неусогласените диви депонии во Источниот и Североисточниот регион
(Translation in English, for information only)
Recipient: Ministry of Finance
User’s account No: 090010016763117
Revenue account: 724125
Programme: 10
Purpose of payment: receipt of tender dossier for the tender for Closure of non-compliance landfills and dumpsites in east and north-east regions.
It is also available for inspection at the premises of the Contracting Authority, address as in point 5 above. Tenders must be submitted using the standard tender form included in the tender dossier, whose format and instructions must be strictly observed.

The tender dossier is also available at the following web sites: The Contracting Authority website at https://cfcd.finance.gov.mk/ or website of DG International Cooperation and Development at https://webgate.ec.europa.eu/europeaid/online-services/index.cfm?do=publi.welcome without design documentation and drawings (Volume 5).

Tenderers with questions regarding this tender should send them in writing to:
Ministry of Finance, Central Financing and Contracting Department (CFCD),
Dame Gruev 12, 1000 Skopje

Or via e-mail: cfcd@finance.gov.mk

(mentioning the publication reference shown in item 1) at least 21 days before the deadline for submission of tenders given in item 19. The Contracting Authority must reply to all tenderers' questions at least 11 days before the deadline for submission of tenders. Eventual clarifications or minor changes to the tender dossier will be published at the latest 11 days before the submission deadline on the website of DG International Cooperation and Development at https://webgate.ec.europa.eu/europeaid/online-services/index.cfm?do=publi.welcome and on the CFCD web site http://cfcd.finance.gov.mk

(2) National Bank
19.Deadline for submission of tenders
The tenderer's attention is drawn to the fact that there are 2 different systems for sending tenders: one is by post or private mail service, the other is by hand delivery.
In the first case, the tender must be sent before the date and time limit for submission, as evidenced by the postmark or deposit slip, but in the second case it is the acknowledgment of receipt given at the time of the delivery of the tender which will serve as proof.
23.9.2019 before 12:00 local time
Any tender submitted to the Contracting Authority after this deadline will not be considered.
The Contracting Authority may, for reasons of administrative efficiency, reject any tender submitted on time to the postal service but received, for any reason beyond the Contracting Authority's control, after the effective date of approval of the evaluation report, if accepting tenders that were submitted on time but arrived late would considerably delay the evaluation procedure or jeopardise decisions already taken and notified.
How tenders may be submitted
Tenders must be submitted in English exclusively to the Contracting Authority in a sealed envelope:
— either by post or by courier service, in which case the evidence shall be constituted by the postmark or the date of the deposit slip, to:
Ministry of Finance
Central Financing and Contracting Department (CFCD)
EU Procurement and Contracting Unit
St Dame Gruev 12,
1000 Skopje
— or hand delivered by the participant in person or by an agent directly to the premises of the Contracting Authority in return for a signed and dated receipt, in which case the evidence shall be constituted by this acknowledgement of receipt, to:
Ministry of Finance
Central Financing and Contracting Department (CFCD)
EU Procurement and Contracting Unit
St Dame Gruev 12
1000 Skopje
Working hours: Monday to Friday, 8:30 to 16:30 local time.
The contract title and the publication reference (see item 1 above) must be clearly marked on the envelope containing the application and must always be mentioned in all subsequent correspondence with the Contracting Authority.
Tenders submitted by any other means will not be considered.
By submitting a tenderer accept to receive notification of the outcome of the procedure by electronic means. Such notification shall be deemed to have been received on the date upon which the Contracting Authority sends it to the electronic address referred to in the tender.
20.Tender opening session
30.9.2019 at 10:00 Local Time, at the premises of:
Ministry of Finance, Central Financing and Contracting Department (CFCD)
St ‘Dame Gruev’ 12
1000 Skopje

An authorised representative of each tenderer may attend the opening of the tenders. The companies wishing to attend are requested to notify their intention by sending an email to cfcd@finance.gov.mk, at least 48 hours in advance, with the name of the authorised representative expected to attend the opening session.

21.Language of the procedure
All written communications for this tender procedure and contract must be in English.
22.Repetition of similar works
Subsequent to the initial contract resulting from the current tender procedure, new works consisting in the repetition of similar works, up to the estimated amount of 1 000 000,00 EUR, may be entrusted to the initial contractor by negotiated procedure without prior publication of a Contract Notice, provided the new works are in conformity with the same basic project.
23.Legal basis
Regulation (EU) No 236/2014 of the European Parliament and of the Council of 11.3.2014 laying down common rules and procedures for the implementation of the Union's instruments for financing external action and Regulation (EU) No 231/2014 of the European Parliament and of the Council of 11.3.2014 establishing an Instrument for Pre-accession Assistance (IPA II) (OJ L 77, 15.3.2014).