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Serbia-Belgrade: Architectural, construction, engineering and inspection services
This contract will be financed by European Investment Bank (EIB) and is subject to the EIB's Guide to Procurement.
Section I: Contracting authority
Section II: Object
Works Supervision and Support to PIU for Reconstruction and Modernization of Railway line ‘Niš-Dimitrovgrad’
Technical assistance for implementation of reconstruction and modernization of all railway subsystems of the railway line Niš-Dimitrovgrad on TEN-T Core Network. It will include:
(i) supervision and works contract administration according to the relevant national legislation and FIDIC Contract Conditions both for ‘Plant and Design-Build’ (‘Yellow Book’) and for ‘Construction’ (‘Red Book’), First Edition 1999;
(ii) TSI conformity check of the ‘designs for execution’ and works; and
(iii) technical assistance to the PIU. There will be several works contracts (at most 4), the implementation of which could partly or completely overlap.
The contract will be performed in the Republic of Serbia, in its ‘Southern and Eastern Region’ from the City of Niš until the border between the Republics of Serbia and Bulgaria.
A. supervision and works contract administration according to the relevant national legislation and FIDIC Contract Conditions both for ‘Plant and Design-Build’ (‘Yellow Book’) and for ‘Construction’ (‘Red Book’), First Edition 1999. The works contracts include:
(a) reconstruction of the permanent way of the single track section from Prosek (Sićevo) to Dimitrovgrad of approx. 82 km (‘Yellow Book’);
(b) construction of a new single track bypass of Niš from the station ‘Niš Marshalling’ to Prosek of approx. 22 km, reconstruction of the single track section from the station ‘Crveni Krst’ to the station Pantelej as well as minor parts of single tracks of the belonging part of Niš Railway Node (‘Red Book’);
(c) electrification of the entire line from the station ‘Niš Marshalling’ to Dimitrovgrad of approx. 105 km including traction substations (‘Red Book’);
(d) signalling and telecommunications of the entire line from the station ‘Niš Marshalling’ to the border with Bulgaria including interfaces with the existing sub-systems (‘Yellow Book’).
B. TSI conformity check of the ‘designs for execution’ and the above summarised works (there are no tunnels of L > 500 m);
C. Technical assistance to the PIU, which can include but not be limited to advise and assistance re:
(a) final review and proposals for adjustments in the works tender documents;
(b) contract management related to the obligations of the employer (Contracting Authority);
(b) monitoring and reporting to EC and EIB regarding progress of the works contracts and overall project and compliance with EIB safeguard provisions (e.g. Environmental and Social Action/Management Plan (ESAP and ESMP), Stakeholder Engagement Plan (SEP)).
Co-financing arrangements: reference is made to &4 of the service prior information notice of 4 August 2020.
Specific conditions of participation: participation is open to all natural persons and legal persons (participating either individually or in a grouping — consortium — of candidates/tenderers) originating from all countries of the world. Participation is also open to international organisations. All eligible natural and legal persons (as above) or grouping of such persons (consortia) may apply. A consortium may be a permanent, legally-established grouping or a grouping which has been constituted informally for a specific tender procedure. All partners of a consortium (i.e. the leader and all other partners) are jointly and severally liable to the contracting authority. The participation of an ineligible natural or legal person will result in the automatic exclusion of that person and, if a member of a consortium, of the whole consortium. A subcontractor is not considered to be a consortium member for the purposes of this application. No more than one application or tender can be submitted by a natural or legal person whatever the form of participation (as an individual legal entity or as leader or partner of a consortium submitting an application/tender). In the event that a natural or legal person submits more than one application or tender, all applications or tenders in which that person has participated will be excluded. Shortlist alliances are prohibited. Any tenders received from tenderers having a different composition that the ones mentioned in the short-listed application forms will be excluded from this restricted tender procedure, unless prior approval from the contracting authority has been obtained (see &2.6.3 of the PRAG). Short-listed candidates may not form alliances or subcontract to each other for the contract in question.
See also ‘Additional information’ in ‘Section VI: Complementary information’ below.
(a) The number of contracts for construction supervision services of at least EUR 500 000.00 (proportion carried out by the candidate) as set in requirement a) of section ‘Technical and professional ability’ below.
(b) If two or more candidates are equal under criteria set in (a) above, then the number of supervision contracts performed according to FIDIC contract conditions of at least EUR 500 000.00 (proportion carried out by the candidate) as set in requirement (b) of section ‘Technical and professional ability’ below.
(c) If two or more candidates are equal under criteria set in (a) and (b) above, then the total amount of maximum two (2) contracts (proportion carried out by the candidate) as set in requirement (a) of Section ‘Technical and professional ability’ below.
Subsequent to the initial contract resulting from the current tender procedure, new services consisting in the repetition of similar services (e.g. due to time extension of the works contracts), up to the amount of 50 % of the initial contract value, may be entrusted to the initial contractor by negotiated procedure without prior publication of a contract notice, provided the new services are in conformity with the same basic project.
EU WBIF grant has been received for this project.
If the number of eligible candidates meeting the selection criteria is less than the minimum of four, the contracting authority (subject to a prior ‘no-objection’ of the institutions providing the financing) may invite only those candidates who satisfy the selection criteria to submit a tender or even the only candidate satisfying the selection criteria.
Section III: Legal, economic, financial and technical information
With reference to items 4 and 5 of the application form:
(a) the minimum total permanent staff number, employed by the candidate in the fields related to supervision of civil engineering works (buildings are excluded) must be at least twenty (20) for last three (3) years preceding the submission deadline;
(b) the candidate (each sole applicant or, in case of a consortium each member of the consortium) shall have professional licences, certificates, rights or equivalent for performance of the construction supervision services for public railway projects in accordance with the laws of the country in which the candidate is established.
With reference to item 3 of the application form:
(a) average annual turnover of the candidate must be equal or greater than EUR 2 000 000.00 for last three (3) closed financial years;
(b) current ratio (current assets/current liabilities) must be at least 1 (one) for last closed financial year. In case of a consortium this criterion must be fulfilled by each member.
The candidate provided (the same reference contracts can be used for more criteria if they fulfil the requirements)
(a) Construction supervision services under maximum two (2) contracts with a minimum total value carried out by the candidate (proportion carried out by the candidate) of EUR 2 000 000.00 for public railway infrastructure projects (metro and light rail projects are not applicable), both of which included construction or modernisation or reconstruction of at least the following railway subsystems: permanent way, signalling, telecommunication and electrification and which were implemented at any moment during the reference period: three (3) years from the submission deadline. The minimal value carried out by the candidate (proportion carried out by the candidate) of a single contract to be considered is EUR 500 000.00. References of all such contracts implemented at any moment during the reference period shall be submitted.
(b) Construction supervision services (as the FIDIC Engineer on behalf of the Employer) under at least one (1) contract of a minimum value carried out by the candidate (proportion carried out by the candidate) of EUR 500 000.00 for any kind of transport infrastructure construction works which was implemented under FIDIC conditions of contract (Conditions of Contract interpreted as similar/equivalent to FIDIC will not be accepted) which was implemented at any moment during the reference period: three (3) years from the submission deadline.
(c) Services for TSI conformity check as nominated notified body according to Directive 2008/57/EC (i.e. according to Directive (EU) 2016/797 after Directive 2008/57/EC has been repealed) covering all together (not necessarily in one project):
(i) Energy TSI;
(ii) infrastructure TSI; and
(iii) control command and signaling TSI; at any moment during the reference period: three (3) years from the submission deadline.
‘At any moment during the reference period’ means that the contracts the candidate refers to could have been started at any time during the indicated period but they do not necessarily have to be completed during that period, nor implemented during the entire period. Candidates are allowed to refer to projects either completed within the reference period (although started earlier) or not yet completed. Only the portion satisfactorily completed during the reference period will be taken into consideration. This portion will have to be supported by documentary evidence (statement or certificate from the entity which awarded the contract, proof of payment) also detailing its value. If a candidate has implemented the project in a consortium, the percentage that the candidate has successfully completed must be clear from the documentary evidence, together with a description of the nature of the services provided.
Section IV: Procedure
Section VI: Complementary information
Grounds for exclusion: candidates or tenderers must submit signed declarations, included in the application form, to the effect that they are not in any of the situations listed in &22.214.171.124. of the PRAG, in &1.4 (Ethical Conduct), &1.5(Conflict of Interest) and 3.6 (Prohibited Conduct-Covenant of Integrity) of the EIB Guide to Procurement (EIB GtP) as well as in the Anti-fraud policy of EIB (http://www.eib.org/infocentre/publications/all/anti-fraud-policy.htm). Candidates or tenderers included in the lists of EU restrictive measures (see &2.4. of the PRAG) at the moment of the award decision cannot be awarded the contract.
Applicable procurement rules, complaints and contract conditions: the contract shall be procured based on the templates of the PRAG (https://ec.europa.eu/europeaid/prag/) and provision of both the EIB GtP (https://www.eib.org/attachments/strategies/guide_to_procurement_en.pdf) and PRAG. If there are discrepancies in the provisions of the procurement documents and/or of the above two sets of the rules, they will be interpreted in the following order of precedence of the documents:
(i) procurement documents including this contract notice;
(ii) EIB GtP;
(iii) the PRAG.
However, the actions during the standstill period of 15 calendar days (from the award notification — see &1.8 of EIB GtP and &2.10.1 of the PRAG; in respect of the duration of the standstill period only the provisions of the PRAG apply) and for legal remedies (see &2.12 of the PRAG) shall be done according to the relevant provisions of the national Public Procurement Law. Tenderers believing that they have been harmed by an error or irregularity during the award process may file a complaint to the contracting authority. The body responsible for appeal procedures is the Republic Commission for the Protection of Rights in Public Procurement Procedures (Nemanjina 22-26, 11000 Belgrade, Republic of Serbia — see ‘Review Body’ below). In case candidates or tenderers consider that certain clauses or provisions of the tender might limit international competition or introduce an unfair advantage to some candidates, they should alert the contracting authority in writing, with a copy to EIB (email@example.com).
Contract conditions: the contract shall be administrated based on the PRAG Conditions for Service Contracts.
Subcontracting: subcontracting is allowed and limited to 30 % of the contracted value.
Clarifications on the contract notice: clarifications may be sought from the contracting authority at the following email addresses firstname.lastname@example.org and email@example.com (both addresses must be used) at the latest 21 days before the deadline for submission of requests to participate (applications) stated in &IV above. Clarifications will be published on TED eTendering accessible from the F&T portal at https://ec.europa.eu/info/funding-tenders/opportunities/portal/screen/home at the latest 5 days before the deadline for the submission of applications.
National professional licencing: the awarded tenderer will have to be licenced for performance of the subject services according to the valid national legislation (the Law on Planning and Construction and the related secondary legislation — https://www.mgsi.gov.rs/en/odsek/law-planning-and-construction) on the contract signing date at the latest. No national licences are required until then. In this respect, the awarded tenderer cannot rely on the capacities of any other entities including the subcontractors.
Duration of the contract includes 24 months for the works defects notification periods.
All costs related to participation in this procurement procedure shall be borne by tenderers.