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Services - 365946-2021

Submission deadline has been amended by:  376782-2021
20/07/2021    S138

Bosnia and Herzegovina-Bijeljina: Construction supervision services

2021/S 138-365946

Contract notice

Services

Legal Basis:

This contract will be financed by the European Investment Bank (EIB) and subject to EIB's Guide to Procurement.

Section I: Contracting authority

I.1)Name and addresses
Official name: Public Utility Vode Srpske
Postal address: Miloša Obilića 51
Town: Bijeljina
NUTS code: BA Bosnia And Herzegovina
Postal code: 76300
Country: Bosnia and Herzegovina
Contact person: Miroslav Milovanović
E-mail: piuteam.water@gmail.com
Telephone: +387 55201784
Fax: +387 55211517
Internet address(es):
Main address: http://www.voders.org/
I.3)Communication
Access to the procurement documents is restricted. Further information can be obtained at: http://www.voders.org/
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted to the abovementioned address
I.4)Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local subdivisions
I.5)Main activity
Other activity: Water

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Supervision of Works for Construction of the Flood Protection Measures in Republika Srpska

Reference number: EIB-GtP/88484/T1
II.1.2)Main CPV code
71520000 Construction supervision services
II.1.3)Type of contract
Services
II.1.4)Short description:

Bosnia and Herzegovina represented by the Ministry of Finance and Treasury and Republika Srpska represented by the Ministry of Finance of Republika Srpska (both hereinafter referred to as ‘the Borrower’) has received a loan from the European Investment Bank – EIB (hereinafter referred to as ‘the Bank’) – for financing the costs of the Project ‘Flood Protection Measures in Republika Srpska’ (hereinafter referred to as ‘Project’). The Project aims to develop flood protection measures in accordance with the requirements of EU Floods Directive (2007/60/EC) and RS/BiH legislation.

This international call for Expression of Interest (EoI) relates to the service contract for Supervision of Works for the Project.

Authorized consulting companies are invited to express their interest in conducting the below-mentioned services in accordance with the provisions contained in this notice. Applications which meet the criteria given in this notice will be included in the shortlist.

II.1.5)Estimated total value
Value excluding VAT: 1 300 000.00 EUR
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.3)Place of performance
NUTS code: BA Bosnia And Herzegovina
Main site or place of performance:

The services shall be provided in entire Republika Srpska. The main office for the operations shall be located in Bijeljina, Republika Srpska, BiH.

II.2.4)Description of the procurement:

The services will include supervision of works (and technical assistance for preparation of designs and tender documentations, if instructed).

The scope of the Works to be supervised includes a diversified range of flood protection measures, such as rehabilitation of pumping stations, rehabilitation/regulation of riverbanks, rehabilitation and/or construction of dykes and channels, cleaning of channels and other similar works. Most of the Works’ Contracts to be supervised will be unit price-based contracts in compliance with the FIDIC Red or Pink Book models, one contract for rehabilitation of existing pumping stations will be design-and-build in compliance with the FIDIC Yellow Book model.

The contractor shall perform the duties and authority of a FIDIC Engineer as specified in or necessarily implied from the Works’ Contracts and administer by, among others, dealing with situations, issuing variations and reporting and assessing the claims and taking due regard of all relevant circumstances during the implementation and defect notification periods. For the design-and-build contract the Services shall also include the review and approval of the contractor’s design.

The estimated total value of the Works to be supervised is approximately EUR 17 700 000 including tentatively eleven Works’ Contracts to be signed during the duration of services.

Interested consultants should submit their application to demonstrate that they are qualified in the fields of above-mentioned services. Information shall be submitted in Standard Forms available upon request.

Tender procedures will be carried out in line with EIB Guide to Procurement (2018) which can be reached with the link: https://www.eib.org/en/publications/guide-to-procurement.htm

There are no eligibility restrictions; firms originating from all countries of the world are eligible to bid. Pursuant to its Sanctions Policy, the EIB shall not provide finance, directly or indirectly, to or for the benefit of, award a contract under any EIB Project to, or enter into any relationship with, an individual or entity who is subject to financial sanctions imposed by the European Union pursuant to Chapter 2 of Title V of the Treaty on European Union or article 215 of the treaty on the functioning of the European Union, either autonomously or pursuant to the financial sanctions decided by the United Nations Security Council on the basis of article 41 of the UN Charter.

EoI must quote the reference number of this notice, and the information and documentation requested in this notice must be included. Candidates may elect to submit their EoI:

1) By recorded delivery (courier or registered postal service);

2) By hand-delivering (in person or by any representative of the candidate).

In the first case, the application 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 application which will serve as proof.

In case of recorded or hand delivery the Consultant shall submit one original and three copies of the EoI in sealed envelope and marked as follows:

• name and address of the candidate;

• name and reference number of this notice;

• address of the PU Vode Srpske.

Candidates may alter or withdraw their applications by written notification prior to the deadline for submission of EoIs. No application may be altered after this deadline.

II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 36
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 3
Maximum number: 8
Objective criteria for choosing the limited number of candidates:

The attention of interested parties is drawn to the aim of this notice: the compilation of a list of candidates who could be invited to respond to a specific invitation to tender. This procedure cannot, in itself, lead to the award of a contract.

The short list shall comprise from maximum 8 candidates. If the number of eligible candidates meeting the selection criteria is less than 3, the contract notice will be reissued.

If more than 8 eligible candidates meet the below selection criteria, the relative strengths and weaknesses of the applications of these candidates must be re-examined to identify the 8 best applications for the tender procedure.

The only factors which will be taken into consideration during this re-examination is:

Primary factor: the number of the contracts carried out by the candidate (as the lead or with a minimum share of 50 % in the consortium/joint venture) fulfilling technical capacity criterion

• primary factor: the number of the contracts carried out by the candidate (as the lead or with a minimum share of 50 % in the consortium/joint venture) fulfilling technical capacity criterion;

• secondary factor (which will be implemented if more than eight eligible candidates are available after the implementation of the primary factor): the cumulative value of the contracts carried out by the candidate (as the lead or with a minimum share of 50 % in the consortium/joint venture) fulfilling technical capacity criterion.

No more than one application can be submitted by legal person whatever the form of participation (as an individual legal entity or as leader or member of a consortium submitting an application). In the event that legal person submits more than one application, all applications in which that person has participated will be excluded.

Candidates will be disqualified from taking part in this contract if they:

A— are bankrupt or being wound up, if their affairs are being administered by the court or if they have entered into an arrangement with creditors, if they have suspended business activities, if they are the subject of proceedings of this nature or if they are in any analogous situation arising from a similar procedure under national laws or regulations;

B— have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata;

C— have been guilty of grave professional misconduct proven by any means which the contracting authorities can justify;

D— have not fulfilled their obligations to pay social security contributions or taxes in accordance with the legal provisions of their country of residence or with those of the country of the contracting authority, or those of the country where the contract is to be carried out;

E— have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Union's financial interests;

F— have been declared to be in serious breach of contract for failure to comply with their contractual obligations, following another procurement procedure or grant award procedure financed by the Union budget.

For EIB ethical conduct requirements please refer to EIB Guide to Procurement, inter alia the clauses 1.4 and 3.6. (available on the EIB website).

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: yes
Description of options:

Extension of works supervision contract to align with possible extension of works contract.

II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

Clarifications if any may be requested no later than 15 calendar days prior to the submission deadline and shall be responded no later than 7 calendar days prior to the submission date. The clarification will be distributed to all firms who notified the procuring entity about their interest to submit an EoI.

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation
III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions:

The consultant should have a sound knowledge of the local legislation concerning design and supervision construction. It is recommended that the consultancy team includes experts with experience in Bosnia and Herzegovina and/or in the Western Balkans Countries. Resident engineers (nadzor in local language) should preferably be able to communicate in one of the official languages of the Bosnia and Herzegovina.

III.1.2)Economic and financial standing
List and brief description of selection criteria:

The following selection criteria will be applied to all candidates.

In the case of applications submitted by a joint venture, all the members must satisfy collectively the criteria for economic, financial and professional capacity, for which purpose the relevant figures for each of the partners shall be added to arrive at the consortium’s total capacity, and the lead partner shall meet not less than 50 percent of all the qualifying criteria for financial and technical capacity.

Economic and financial capacity of candidate:

• the average annual turnover of the candidate must exceed EUR 1 800 000 (one million eight hundred) for the last 3 financial years (2018, 2019 and 2020),

• positive financial result in the last 3 years (2018, 2019 and 2020).

III.1.3)Technical and professional ability
List and brief description of selection criteria:

Professional capacity of candidate:

• at least 10 permanent staff in the last 3 years (2018, 2019 and 2020) working for the candidate in the fields related to this contract;

• the candidate should have a back-up capacity other than the team to conduct the tendering and supervision work;

• the candidate should provide the company organization and company description in its application.

Click here to enter a list and brief description of selection criteria up to 4000 characters.

Professional capacity of candidate:

• at least 10 permanent staff in the last 3 years (2018, 2019 and 2020) working for the candidate in the fields related to this contract;

• the candidate should have a back-up capacity other than the team to conduct the tendering and supervision work;

• the candidate should provide the company organization and company description in its application.

Technical capacity of candidate

The candidate should have successfully completed construction supervision contracts in the last 5 years prior to the submission deadline of this application (1 September 2015 - present) covered either under single project or separate projects for each sub-criterion:

• supervision of Construction of Works, concerning to the river regulation, riverbed engineering or flood management facilities with a minimum value of 400,000 EUR in a single contract (proportion carried out by the candidate); and

• supervision of construction/rehabilitation of civil and electro-mechanical Works of minimum one pumping station with a minimum capacity of 2 m3/sec in a single contract; and

• supervision of Construction Works for total 10 km dykes and/or lateral channels in maximum three contracts; and

• Two contracts for supervision of Construction Works concerning to stormwater and/or flood management, which is governed by FIDIC contract conditions (minimum one contract with Red Book and one contract with Yellow Book, contracts conditions not equal but similar to FIDIC will not be accepted).

Minimum level(s) of standards possibly required:

The consultant shall have a capable and experienced team of professionals, including but not limited to: Team Leader and supervisors with FIDIC experience, i.e. civil engineers, mechanical engineers, electrical engineers, geotechnical engineer, surveyors, etc, in compliance with the requirements those will be provided in the tender documents.

The consultant shall consider the prospective peaks of the construction activities and ensure the adequacy of staff levels during such periods.

Subcontracting will be allowed up to 30 % of the contract amount.

III.2)Conditions related to the contract
III.2.3)Information about staff responsible for the performance of the contract
Obligation to indicate the names and professional qualifications of the staff assigned to performing the contract

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Restricted procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing system
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2)Administrative information
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 22/08/2021
Local time: 14:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
Date: 22/09/2021
IV.2.4)Languages in which tenders or requests to participate may be submitted:
English

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.3)Additional information:

The Promoter of this procurement is Ministry of Agriculture, Forestry and Water Management.

Candidates should alert the Promoter in writing, with a copy to the European Investment Bank, in case they should consider that certain clauses or provisions of the PQDs might limit international competition or introduce an unfair advantage to some candidates.

Any appeals and complaints on the actions of Promoter and/or Procuring Entity should be made first to the Procuring Entity in writing, with a copy to the Promoter, after notification of shortlist within seven (7) days. The Procuring Entity shall promptly respond, within fourteen (14) days, in writing answers to the complaints. If the complainant is not satisfied with the outcome, or response, it is entitled to escalate their complaints to the Complaints Committee for Flood Protection Measures in RS EIB 88484 which members shall be appointed by Government of Republika Srpska, to review any activity within its terms of reference.

Any appeals and complaints on the actions of the EIB in respect of an instance of maladministration in their procurement due diligence should be made to the EIB complaint mechanism in accordance with the article 1.8.2 and Annex 8 of the EIB’s Guide to Procurement.

VI.4)Procedures for review
VI.4.1)Review body
Official name: Complaints Committee for Flood Protection Measures in RS EIB 88484
Postal address: Complaints Committee for Flood Protection Measures in RS EIB 88484 Ministry of Agriculture, Forestry and Water Management Trg Republike Srpske 1
Town: Banja Luka
Postal code: 78000
Country: Bosnia and Herzegovina
VI.5)Date of dispatch of this notice:
14/07/2021