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Unrevised Machine Translation
Hungary-Budapest: Highway operation services
Section I: Contracting authority/entity
Section II: Object
Fastforg.útha. develops, refurbishes, plant, maintains.
Definition of contract: A concession contract for the design, renovation, construction, operation, maintenance and financing of these activities for the express road network.
Subject matter of the contract: The tasks of developing and renovating the express road network and of operating and maintaining it under a concession contract.
Total territory of Hungary according to the technical specifications
To carry out planning, renovation, construction, monitoring, operation, maintenance and service charges from the date of entry into operation until the end of the concession period (35 years) in respect of the elements of the express road network that exist in the majority of Hungary (ca. 1 662 km of basic network + 381 km of additional network).
The itemised presentation and designation of the network elements (basic + additional quantity) is included in the participation documents.
Expected investment period: 10 years; Launch: Availability of financing for the first investment tranche (maximum 12 months after the conclusion of the contract)
The main technical and quantitative parameters of the project are:
1. Planning — drawing up study plans, permit-granting and export plans and organizational plans, environmental impact assessment and drawing up and obtaining permit documents with content in accordance with the legislation in connection with the renovation and construction of 545 km of expressways.
2. Refurbishment (Initial — Concession; see KD) — Renovation of 538 km of express road planned according to the level of legislation and SLA.
3. Construction — Expansion of 273 km of expressways designed in accordance with the regulatory and SLA level (physical separation of predominantly 2x2 traffic lanes) and the planned construction of 272 km of expressways (mainly flexible/semi-rigid track structure) with related structures (bridge over 100, overpass, underpass); This is expected to include the construction of 1 river bridge with a clear opening of 90 m, expected to have a steel/spirit structure). For the main quantities see KD.
4. Technical inspection — 1 083 km of expressway planned for renewal and construction 266/2013. Technical inspection in accordance with Government Decree (VII.11) in order to ensure the adequacy of investments.
5. Operation and maintenance — Legislation on operational and refurbished and built network elements (6/1998. (III) The performance of the operational and maintenance tasks corresponding to the level of EIAM) and SLA for a total of 1 662 km of expressways.
6. Financing — Provide the financing of the investment and operation programme
7. Execution of specific State orders (planning, export work, services) in accordance with the provisions of the Public Procurement Act.
Additional (conditional) quantities/network elements:
Carry out the tasks set out above in respect of additional 381 km of high-speed network elements. (The detailed rules for drawing up and using the conditional quantity are laid down in the procurement documents issued at the tendering stage.)
The preliminary technical specifications and technical information are included in the procurement document of the participation stage, with the understanding that the full technical specification (technical and professional information + expectations/SLA) and the detailed contractual conditions are set out in the procurement document of the tendering stage.
The successful tenderer is obliged to acquire the ownership or right to use the assets (movable/property), stocks, including other necessary assets and resources (in the context of a business transfer) necessary for the operation of the network elements, as set out in the tender documents.
Decree No 495/2020 of the National Concession Office, acting as contracting authority in this concession award procedure, on the performance of the relevant sectoral ministerial tasks in respect of certain activities subject to concession. (XI. Pursuant to Section 1 and point 5 of Annex 1 to Government Decree No 94/2018 on the duties and powers of members of the Government Act as an intermediary of the minister referred to in point (1) of Section 7(1) of Government Decree No 22/2015.
Kbt. Section 118(4): The contracting authority conducts a concession award procedure consisting of several stages. During the first stage of participation, the contracting authority shall decide on the suitability of the candidate for performance of the contract or on his unsuitability, as well as on the validity or invalidity of a request to participate.
Continued point III.2.2.
Section III: Legal, economic, financial and technical information
Grounds for exclusion:
An economic operator in respect of whom the Public Procurement Act may not be a candidate, subcontractor or participate in the certification of suitability may not be a candidate or subcontractor in the procedure. The grounds for exclusion set out in Section 62(1)-(2) apply; on whose behalf the ground for refusal arises in the course of the proceedings.
Mode of verification:
— The Kbt. Pursuant to Section 120(2)(c), in addition to the application of the European Single Procurement Document, the contracting authority shall draw the attention of the candidates to the fact that they must submit proof of the absence of grounds for exclusion as part of the application. GOVERNMENT DECREE NO 321/2015 According to Sections 8 and 10 of Government Decree (X.30.) (hereinafter referred to as “Kr.”), the declarations/certificates required to effectively certify the grounds for exclusion are required, subject to the provisions of Sections 12-14 and 16,
— Where a candidate wishes to meet the required eligibility criteria by relying on the capacities of another entity or person, separate forms completed by each of the entities or persons concerned shall also be required, but actual evidence shall be required only for the candidate(s),
In the request to participate, the Public Procurement Act. Pursuant to Section 67(4), the candidate must make a declaration,
— If the candidate’s registered company details are subject to a change registration procedure, the application for registration of the change (with its annexes) submitted to the court of registration (residence body) must be attached to the request to participate, together with the certificate of receipt sent by the court of registration (residence body) and a declaration by the candidate as to whether or not a change registration procedure is ongoing (a declaration in the form of a form and a negative declaration must also be attached).
The contracting authority draws attention to the Public Procurement Act. Articles 64, 69 (11a) and 74(1).
Continuation of point VI.3 due to Karacter Limitations:
26. The Public Procurement Act, its implementing decrees (in particular Decree No 424/2017 on the detailed rules for e-procurement) on issues not covered by this call and the KD. (XII. (Government Decree No 19) and the provisions of Hungarian law shall apply. The notice is published in accordance with Directive 2014/23/EU on public procurement.
27. In connection with this point VI.3, KD contains additional requirements with regard to the rules for filling in the tendering system (characterisation limit).
28. This concession award procedure is conditional [cf. Kbt. Section 53(5); Section 126 (5) shall be launched. If the recommendations made by the winning bidder are considered incompatible with the funding framework (EUROSTAT model/toll model) (on the basis of a future rating outside its control) or with a hedging model (lack of coverage), it considers this to be a circumstance that may render the procedure ineffective.
The Public Procurement Act. Pursuant to Section 120(2)(c), the contracting authority shall draw the attention of candidates, in addition to the application of the European Single Procurement Document (simple declaration referred to in Part IV (alpha)), to provide that, with regard to the eligibility criteria, the candidate(s) must provide proof of their suitability already in the request to participate by submitting the following statements/certificates in the request to participate:
A candidate (joint candidate) must attach 321/2015. On the basis of Section 19(1)(b) of Government Decree No 30/2001 (X. 30.), the accounts of its own or its predecessor in law in accordance with the accounting legislation for the last three closed financial years preceding the date on which the invitation to participate was sent to the TED database (including the parts necessary for the assessment of suitability) are provided for, provided that the law of the country in which the economic operator is established requires the publication of a report.
Where the law of the country in which the economic operator is established does not require publication of the report, or where it is not possible to verify compliance with the requirements laid down in the eligibility criteria from the data in the published accounts, a declaration regarding the relevant minimum requirement shall be submitted. If the report requested by the contracting authority is available from the website of the Company Information Service and compliance with the requirements laid down in the published report can be verified by the contracting authority, the data of the report shall be verified by the contracting authority, and the report on the website of the Company Information Service need not be attached in the application, in which case the economic operator shall specify the location of the document certifying compliance in its application.
The rules for the conversion of different currencies are set out in KD.
Section 19(3) of the Government Decree applies to eligibility criteria P1-P2; Paragraph 7, the Public Procurement Act. Section 65(6)-(8) and (11).
The candidate (joint candidate) is unsuitable if the post-tax result was negative for more than one year out of the last three closed financial years preceding the date of dispatch of the invitation to participate to the TED database.
The candidate (joint candidate) is unsuitable if its own capital (consolidated in the case of a group of companies), calculated taking into account accounting requirements, does not exceed EUR 150 million (preliminary estimated maximum capital for starting the project) in the last closed financial year preceding the dispatch of the call for participation to the TED database.
Where a candidate does not have accounts in accordance with accounting law for the entire period prescribed by the contracting authority because it started operating after the start of the period, it shall be unsuitable if, during its period of operation, its turnover, excluding value added tax, resulting from the subject-matter of the contract [tasks for the development and renewal of the high-speed road network and for the operation and maintenance of the high-speed road network] is less than EUR 400 000 000.
The eligibility criteria set out in points P1 to P2 of the common candidates, given that, mutatis mutandis, the requirement set out in points P1 to P2 can only be applied individually to economic operators, suffice if one of them meets (the PPA. Section 65(6)).
In the case of the minimum suitability requirement set out in points P1 to P2, the combined compliance may be interpreted as meaning that at least one of the joint candidates must fully meet the required minimum suitability requirement, given that the economic and financial capacity conditions set out in points P1 to P2 may be interpreted personally.
Due to the Karakter limit, continuation of M/5:
Due to the character limitation, the contracting authority sets out the relevant definitions for eligibility criteria M1 to M5 in the procurement document of the participation stage.
The Public Procurement Act. In accordance with Section 65(6), joint candidates may meet the technical and professional competence requirements laid down jointly.
M1 — M3)
GOVERNMENT DECREE NO 321/2015 MR KR. (X.30) On the basis of Section 21(3)(a) (and paragraph 3a(b) and paragraph 3b), it shall provide the references derived from the performance of the most significant public procurement tasks started in 10 years (120 months) and performed contractually in 6 years (72 months) from the date on which the invitation to participate was sent to the TED database. MR KR. (X.30) In accordance with Sections 21/A and 22(1), it shall be certified by means of a reference declaration or reference certificate with the following content:
name and address (registered office/address) of the other party to the contract,
name and contact details of the contact person of the other party to the contract (address/telephone/e-mail/fax),
the subject-matter and volume of the activity performed (with a level of detail enabling it to be clearly established that all the requirements laid down under the eligibility criteria have been met),
share of payment (if applicable),
the time of performance (with an indication of the starting and ending dates specified in the year, month, day),
a statement as to whether the performance has been carried out in accordance with the specifications and the contract.
GOVERNMENT DECREE NO 321/2015 MR KR. (X.30) On the basis of Section 21(2)(a) (and Section 2a(b)), it shall provide the references derived from the performance of the most significant public procurement tasks covered by the subject-matter of the most significant public procurement procedure initiated in 11 years (132 months) backwards from the date on which the invitation to participate was sent to the TED database and performed contractually in 8 years (96 months) (successive technical handover/acquisition). MR KR. (X.30) In accordance with Sections 21/A and 22(3), it shall be certified by means of a reference certificate with the following content:
the subject-matter and quantity of the activity/construction project carried out (with a level of detail enabling it to be clearly established that all the requirements laid down under the eligibility criteria have been met),
If, because of the indivisibility of the performance, the reference certificate cannot be issued by separating the work carried out by each candidate, the AF shall accept the reference certificate in respect of the service described, in proportion to the extent to which the tenderer submitting the certificate received the consideration on the basis of its performance.
The declaration or certificate must describe the reference work in such detail as to enable all the eligibility criteria to be established. If you submit a declaration, in the case of the references presented, please clearly indicate whether the reference in question was presented in order to meet the minimum eligibility criteria.
If the candidate has fulfilled the reference as a joint tenderer (consortium), the reference certificate/declaration shall clearly indicate which parts of the reference have been met by the candidate. The attached certificate(s)/declaration shall clearly show compliance with the required minimum standards of competence.
GOVERNMENT DECREE NO 321/2015 On the basis of Section 21(3)(b) of Government Decree No 30/2001 (X. 30.) Korm. (X. 30.) on the basis of Article 21(3)(b) of the Government Decree, the names of the professionals they wish to include in the performance of the work, the description of their qualifications and their training (with copies of the CV signed by the professional, and copies of the evidence of qualifications).
The CV should detail the qualifications, qualifications, professional experience acquired by the professional, with dates (month/year). The professional shall declare his/her personal participation in the performance of the contract if the tenderer is awarded the contract.
In the case of a right already acquired, it is accepted as proof of the submission of a supporting document or, if this can be accessed directly by the AK by entering an electronic database free of charge, a reference to this, a clear Bar identification number, the exact date or code for obtaining the entitlement at the same time.
With regard to the required qualification and eligibility requirements, the term “or equivalent” shall always be understood; the demonstration of equivalence is the responsibility and responsibility of the AT. It is the AT’s duty and responsibility to prove the equivalence of completions acquired abroad.
If the expert participated in more than one specific project at the same time, the number of months of experience acquired during each project cannot be added together, i.e. a maximum of 12 months per year, regardless of the fact that the expert may have worked on several projects at the same time.
As explained above, the contracting authority will take into account the parallel professional experience only once (with the fact that the specific period of experience may overlap with the general period of experience (cf. “necessary to acquire entitlement”).
In the requirements M/5.1 to 5.5, all elements of the definition prescribed by the contracting authority, excluding those defined by law, shall be described in the certificate to be attached as a term according to the suitability requirement.
In the case of a professional contracting authority, the contracting authority accepts in this context if not all the terms are described, but they refer to the fact that the content of the job/position/task/work specified in the call for expressions of interest is identical to the definition given in the invitation to participate or in the procurement document.
The contracting authority indicates that a condition for the conclusion of the contract is that the experts M/5.1-5.5 have been provided with Article 266/2013. Be entered with the valid entitlement specified below (or equivalent) in accordance with Government Decree (VII.11) and the list of such rights.
In order to certify the suitability, the Public Procurement Act is referred to as the Public Procurement Act. SECTION 65(6)-(7); Paragraphs 9, 11 and Kr. Sections 21(2a)(b) and (3a)(b) and (3b), 22(5) and 24(1) shall also apply.
The candidate shall be unsuitable if the following Kr has been completed in the preceding 6 years (72 months) and started within a maximum of 10 years (120 months) from the date of dispatch of the call for competition to the TED database. With a reference certified and completed and performed in accordance with the contract in accordance with Section 22(1):
M/1.1 preparation of a full authorisation plan for an express road with a 2x2 traffic lane physical separation of at least 160 km in length (road construction, structures, traffic engineering, water construction, environmental protection, noise shielding walls, protective fences, plant planting, utilities, geotechnics, land use change frames, high construction), and co-operate in the construction permit procedure, which was concluded by obtaining a building permit and performed in accordance with a contract.
A reference may be fulfilled from more than one contract, provided that it fulfils all the required conditions.
The candidate shall be unsuitable if the following Kr has been completed within the last 6 years (72 months) but started within a maximum of 10 years (120 months) from the date of dispatch of the call for competition to the TED database. With a reference certified and completed in accordance with Section 22(1) (successful technical delivery and acceptance) performed in accordance with the contract:
M/2.1. performing the engineering tasks of the construction of an express road with a physical separation of 2x2 lanes with a total length of at least 120 km.
M/3.1 reference for complex operation (at least 300 km) or technical maintenance (minimum 300 km) of national roads.
Complex operation: maintenance of cleaning, green surface care, road inspection services, related facilities and accessories for a period of at least 12 months;
Technical maintenance: performing the task of replacing and/or refurbishing road surfaces and/or reinforcing the pavement.
In the case of the replacement or renewal of road surfaces or the reinforcement of surfaces, the contracting authority shall accept at least two traffic lanes for wide roads (main roads, minor roads and urban and outlying roads) only for work carried out at the full width of the road track (whole track).
Reference M/3 can be justified from several contracts.
The candidate shall be unsuitable if the following Kr has not been completed within the last 8 years (96 months) but not later than 11 years (132 months) from the date of dispatch of the call for competition to the TED database. With references certified and completed in accordance with Section 22(3) (successful technical delivery and acceptance) performed in accordance with the contract:
Total m/4.1 with a reference for the construction of a minimum 2x2 lane express road of at least 100 km. 100 km of up to 10 projects can also be justified.
M/4.2 with a reference for the construction of at least 50 structures (bridge and/or overpass and/or underpass) connected to a minimum 2x2 lane highway. The construction of 50 works of art (bridges and/or overpasses and/or underpasses) can be justified from several projects.
M/4.3 with at least 1 reference for the construction of a bridge with a clear opening of at least 90 m, with a steel structure or bulb structure, above a watercourse.
M/4.4 road/track element with flexible track structure (structural thickness not less than 30 cm) (see standard: e-UT 06.03.13-7.1.2) on an area of at least 150 000 m².
Reference M/4.4 can be justified from several contracts.
M/4.1. Overlap between references M/4.4 is permitted provided they meet the minimum suitability criteria.
Candidates shall be unsuitable if they do not have at least the following professionals:
M/5.1. At least 1 project leader with a view to planning
a) to Government Decree No 266/2013. (VII.) The (or equivalent) professional qualification and professional experience required to obtain the ‘KÉ-K’ (or equivalent) designer’s qualification under Government Decree No 11, or the ‘KÉ-K’ (or equivalent) designer’s privileges, and
b) at least 36 months of professional experience as project leader in the field of express road design.
M/5.2. At least 1 master designer who has a competence
b) at least 36 months of senior planning experience in transport construction works.
M/5.3. at least one main object designer who has:
a) to Government Decree No 266/2013. (VII.) The (or equivalent) professional qualification and experience required to obtain the designer’s (or equivalent) qualification as defined in Government Decree No 11, or the designer’s (or equivalent) right as a designer, and
(b) at least 36 months of professional experience in preparing an artwork licensing plan and/or construction design for an express road.
M/5.4. at least 1 project manager with one person
a) to Government Decree No 266/2013. The professional qualification and professional experience (or equivalent) required to obtain the ‘MV-KÉ’ (or equivalent) responsible technical driving entitlement under Government Decree (VII.11) or the responsible technical driving licence ‘MV — KÉ’ (or equivalent), and
(b) at least 60 months of professional experience in the position of project manager/p.v. substitute on the construction site for express road, and
C) has participated in an investment in a total of 50 km of expressways.
M/5.5 at least 1 project manager with one person
(b) at least 60 months of professional experience in the position of project manager/p.v. substitute on the construction site of a bridge, and
C) has participated in an investment in a road bridge with at least 90 m open openings.
For the above positions, an overlap between professionals is allowed.
Continue in point III.1.2 due to Karacterial limitation.
Pursuant to Section 20 of the Concession Act, the Concession Holder must, within 90 days of the signature of the Concession Agreement, set up a public limited liability company (the ‘Concession Company’) with its own seat in Hungary for the pursuit of the activity subject to concession. If the winner of the concession award procedure is a Consortium, the joint bidders shall establish the Concession Company. For detailed conditions, please refer to the tender section KD.
Continuation of point II.2.14 due to character limitation:
During the second stage of the procurement procedure, the contracting authority will negotiate the terms of the contract and the technical and professional elements (including the extent of the rights granted to the concessionaire) with the economic operators invited to tender on the basis of the first tenders submitted. The contracting authority draws the attention of tenderers to the fact that it does not intend to negotiate the subject matter of the contractual penalties as part of its ancillary obligations.
The detailed arrangements, the timetable for negotiations will be determined at the bidding stage prior to the opening of negotiations. The contracting authority reserves the right to negotiate separately, if necessary, with tenderers.
Section IV: Procedure
Section VI: Complementary information
Type of procedure: negotiated procedure with publication
1. The Public Procurement Documents prepared for the submission of the request to participate (hereinafter referred to as “KD”) are freely and fully accessible directly and free of charge electronically at the address specified in point I.3 of the call. Registration in the EQF system is a prerequisite for applying for a substantive procedure.
2. The opening place of the requests to participate shall be: EQF: https://ekr.gov.hu/portal/kezdolap Information on the right holders and the demolition procedure: The Public Procurement Act in the course of the demolition of the contracting authority. § 68 and Decree No 424/2017 (XII. It shall apply Section 15(2)-(3) of the Government Decree.
3. Candidates may not submit a tender at the stage of participation. The tender shall render the request to participate invalid.
4. The contracting authority is the Public Procurement Act. Article 75(2)(e) shall not be applied; The Public Procurement Act. On the basis of Section 126(5), it may decide that if a candidate submits a valid application at the participation stage, it may declare the procurement procedure unsuccessful.
For information on the Tender section (points 5-13):
5. At the tendering stage, the contracting authority shall make the submission of a final tender binding tender subject to the provision of a tender guarantee. The amount of the tender security shall be: HUF 800 000 000, which can be fulfilled as specified in the KD of the bidding phase.
6. The contracting authority does not provide for on-the-spot visits.
See also fixed RF III.2.2).
8. The tenderer must submit a relevant technical and technical offer — in line with the KD requirements of the bidding phase — as regards the technical content/methodology of the concession/investment plan/resource plan/roadmap. The tenderer shall also declare and demonstrate, as part of its technical tender, that its offers comply with the mandatory legal requirements and other requirements laid down by the European Union and Hungary for these contractual objects.
9. In its tender, the tenderer must prove that the investment plan can be financed; As part of this, it also certifies/supports the existence of a financial instrument of at least EUR 1 000 000 000 in the form set out in the KD for the bidding phase.
10. The contracting authority will assess at the tendering stage, on the basis of all the circumstances of the case, whether a given tender/tender element can be considered abnormally low or unrealistic and whether it is necessary to ask the tenderer for justification for that reason.
11. The contracting authority reserves the right to determine at the tendering stage (in the invitation to tender or revised in the final invitation to tender on the basis of negotiations) an amount above which it declares the tender in question invalid.
12. Tenderers invited to submit a tender shall be bound by the final tender for a period of 60 days. The contracting authority shall have the right to ask tenderers to extend the obligation. The successful tenderer and, where appropriate, the second winner shall remain bound by the tender until the conclusion of the contract. In the event of such a provision in the tender documents, the contracting authority reserves the right, in the event of failure to conclude a contract with the successful tenderer, to conclude a contract with the second place.
13. The contracting authority(s) shall draw attention to the fact that the economic operator(s) and other participants (including professionals) concerned must have all the necessary authorisations, registrations and authorisations to carry out their work in Hungary; The attention of the economic operators is drawn to the fact that, during the implementation of the concession contract, the contracting authority requires the performance of tasks in Hungarian, in view of the regulatory/licensing/professional/operational environment. The relevant detailed provisions are set out in the concession contract.
Ongoing: VI.4. and III.1.1
Kbt. SECTION 148; Continuation of point VI.3 due to character limitation:
14. Once the procedure has been initiated, information may be provided at the same time, with identical content and in writing, only to those economic operators who have expressed an interest in the procedure in the manner set out in this notice.
15. Clarification questions: economic operators registered with the economic operator in accordance with point VI.3.1 of this call may ask clarification questions to the contracting authority up to 10 days before the closing date for submission of applications. The contracting authority must provide replies six days before the closing date for applications. The rules on clarification and reply are set out in the KD.
16. Correction of deficiencies and request for clarification: the contracting authority shall give all candidates the opportunity to remedy deficiencies under the same conditions and may request clarification from the candidate in order to clarify the content of the ambiguous statement, statement or certificate contained in the request to participate. The contracting authority is the Public Procurement Act. On the basis of Section 71, it provides for the remedy of deficiencies and does not apply the restriction laid down in Section 71(6).
17. In the procurement procedure, all communication shall be made only in writing at the contact points specified by the contracting authority in this invitation, with the exception of negotiations taking place at the tendering stage. Further rules on communication are set out in KD.
18. Economic operators involved in the certification of suitability presented at the participation stage shall be involved in the performance. Exchange of these entities is possible only under KD and the contract to be concluded.
19. The language of the proceedings shall be Hungarian. The contracting authority also accepts the translation by the candidate of documents submitted in a language other than Hungarian. Requests to participate must be submitted in full in Hungarian. The detailed rules for this are set out in KD.
20. The formal requirements for the submission of requests to participate, including the manner in which business secrets are to be attached, are set out in the KD. The formal requirements for the submission of tenders shall be specified by the contracting authority in the invitation to tender.
21. The request to participate shall include the Public Procurement Act. The declaration referred to in Section 123(4) (including negative) and all the documents specified in the notice and the KD (form, statement/certificate to be attached electronically). In connection with the submission of the application/subsequent tender, the contracting authority explicitly draws attention to the Public Procurement Act. The provisions of Section 41/A.
22. The contracting authority shall assess requests to participate or final tenders within a maximum of 60 days, which may be extended if necessary. Indicative time of completion: 31 December 2021
23. The contracting authority laid down the conditions and evidence of the candidates’ suitability more stringent than the official list of qualified tenderers.
24. Responsible accredited public procurement consultant(s): Dr Sándor Szterényi (00159)
25. The systematic coordination of sub-tasks is therefore necessary, split into lots, possibly by means of several contracts, which would result in the loss of the actual function of the service and a significant loss of time, and would also result in an increase in the offer price. Due to the nature, volume, complexity, intrinsic linkage of the task to be performed, its ability to finance it due to its concessional nature and its uniform liability, it is not possible to split it into lots. Due to the circumstances described above, the splitting does not guarantee or serve the Public Procurement Act in any way. Compliance with the requirements for the efficient and responsible use of public funds laid down in Section 2(4).