Contract financing: WBIF Grants (WBIF PRJ-SRB-TRA-013/WB-IG01-SRB-TRA-01 and WBIF PRJ-SRB-TRA-013/WB-IG02-SRB-TRA-01), Finance Contract (FI N° 86763 (RS), Serapis N° 2016-0341) RAILWAY NIS-DIMITROVGRAD between the Republic of Serbia and the European Investment Bank and the Budget of the Republic of Serbia.
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 &2.6.10.1. 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 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. In case of 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. 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 PRAG; in respect of the duration of the standstill period only the provisions of PRAG apply) and for legal remedies (see &2.12 of 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 (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 (procurementcomplaints@eib.org ).
Subcontracting is allowed and limited to 50% of the contracted value.
Clarifications on the contract notice may be sought from the contracting authority at the following email addresses: natasa.kosanovic@srbrail.rs; sasa.zlatkovic@srbrail.rs (both addresses must be used) at the latest 21 days before the deadline for submission of tenders stated in Section IV below. Clarifications will be published on https://infrazs.rs/medjunarodne-nabavke/ at the latest 14 days before the deadline for the submission of tenders.
National professional licencing: the awarded tenderer will have to be licenced for performance of the subject design & build activities 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.
Duration of the contract refers to the time for completion of the works and issuance of the Taking-Over Certificate. In addition, there are 24 months for the works defects notification periods.
All costs related to participation in this procurement procedure shall be borne by tenderers.
Legal basis:
• Regulation (EU) No 236/2014 of the European Parliament and the Council of 11/03/2014 laying down common rules and procedures for the implementation of the Union's instruments for financing external action.
• Decision No 466/2014/EU, published in the Official Journal of the EU, No L 135 of 08/05/2014.