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Serbia-Belgrade: Construction supervision 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
Supervision of Upgrade of Iron Gate 2 Navigation Lock
The Contracting Authority/Employer shall be the Ministry of Construction, Transport and Infrastructure. The scope of the contract includes the contract management, supervision and environmental monitoring services (acting as the FIDIC Engineer according to the FIDIC Conditions of Contract for Plant and Design Build, FIDIC “Yellow Book”, First Edition 1999) and the Supervisor according to Serbian Law. The scope of the Works Contract refers to upgrading the single stage lock on the Danube at Iron Gate 2 at km D 853 (the single stage existing lock is 310 m long and 34 m wide) and will include: civil and architectural works, electro-hydraulic drive upgrade works, hydro-mechanical equipment upgrade works and upgrade works to the ancillary systems of the lock, in order to make the infrastructure compliant with applicable EU requirements for inland waterway transport.
NUTS code: RS REPUBLIKA SRBIJA /РЕПУБЛИКА СРБИЈА
Republic of Serbia, Kusjak- Negotin, HPP Djerdap 2 at Km D853 on the Danube.
The scope of the contract includes the contract management, supervision and environmental monitoring services (acting as the FIDIC Engineer according to the FIDIC Conditions of Contract for Plant and Design Build, FIDIC “Yellow Book”, First Edition 1999) and as the Supervisor under Serbian legislation. The scope of the Works Contract refers to upgrading the single stage lock on the Danube at Iron Gate 2 at km 863 and will include civil and architectural works, electro-hydraulic drive upgrade works, hydro-mechanical equipment upgrade works and upgrade works to the ancillary systems of the lock.
Firms originating from all countries of the world are eligible to tender for works, goods and services contracts.
The rules for the submission, selection and award of contract are in conformity with provisions of Laws of Serbia, including Law on Public Procurement (Official Gazette of RS, No. 91/2019), EIB Guide to Procurement - GtP (www.eib.org/procurement), EIB's Anti-Fraud Policy (http://www.eib.org/infocentre/publications/all/anti-fraud-policy.htm); EIB’s Exclusion Policy (http://www.eib.org/infocentre/publications/all/exclusion-policy.htm), Practical Guide for European Union External Actions – PRAG August 2020 (http://ec.europa.eu/europeaid/prag/).
Pursuant to its Sanctions Policy, EIB shall not provide finance to or for the benefit of an individual or entity that is subject to financial sanctions imposed by the EU.
Grounds for exclusion
As part of the application form, candidates must submit a signed declaration, included in the standard application form, to the effect that they are not in any of the exclusion situations listed in Section 188.8.131.52. of the PRAG, Version August 2020, as well as a signed declaration, to the effect that they are not in any of the exclusions situations listed in the GtP for projects financed by the European Investment Bank, September 2018 (https://www.eib.org/attachments/strategies/guide_to_procurement_en.pdf), Section 1.4 (Ethical Conduct), Section 1.5 (Conflict of Interest), and that they comply with Anti-fraud policy of the European Investment Bank (http://www.eib.org/infocentre/publications/all/anti-fraud-policy.htm). Such declaration is to be signed by Consortium and each Consortium member (including Consortium leader).
Candidates will submit a Covenant of Integrity – EIB GtP, Annex 3), and Environmental and Social Covenant (EIB GtP, Annex 7), both signed by Consortium and each Consortium member (including Consortium leader).
Financing will be by the Finance Contract for Serbian Inland waterway infrastructure between the Republic of Serbia and European Investment Bank and co-financing from the EU/CEF (Grant Agreement No INEA/CEF/TRAN/M2019/2113344).
Applications must be submitted in English (in hard copy) 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 Construction, Transport and Infrastructure
Contact Person: Mr. Veljko KOVACEVIC
• OR hand delivered by the candidate 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:
The contract title “Supervision of Upgrade of Iron Gate 2 Navigation Lock” and the Publication reference No. “404-02-152/2020-06” must be clearly marked on the envelope containing the application and must always be mentioned in all subsequent correspondence with the Contracting Authority.
Applications submitted by any other means will not be considered.
Participation is open to all natural persons and firms (participating either individually or in a consortium) originating from all countries of the world are eligible to tender for this service contract. No more than one application can be submitted by a natural or legal person. In the event that a natural or legal person submits more than one application, all applications in which that person has participated will be excluded.
Candidates are required to submit, attached to the Standard Application Form, the following Annex-Annex A-PRAG Declaration on honour on Exclusion and Selection Criteria for procurement.
From the PRAG,
B3 Standard application form b3_applform_en.docx
A14a Annex A: Declaration on honour on exclusion and selection criteria for procurement
to the Contracting Authority, at the required date and time..
The PRAG standard Application Form with attached Annex -A14a is also available on email request from the Ministry of Construction, Transport and Infrastructure, Nemanjina 22-26, 11000 Belgrade, Republic of Serbia attn.: Mr. Veljko Kovacevic, using e-mail address: firstname.lastname@example.org.
In the case of applications submitted by a consortium, these selection criteria will be applied to the consortium as a whole unless specified otherwise. The selection criteria will not be applied to natural persons and single member companies when they are sub-contractors. If a candidate has implemented the service contract 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 if the selection criteria relating to the pertinence of the experience have been used.
Economic and financial capacity of candidate (based on item 3 of the application form). In case of candidate being a public body, equivalent information should be provided. The reference period which will be taken into account will be the last 3 closed financial years prior to submission deadline.
Professional capacity of candidate (based on items 4 and 5 of the application form). The reference period which will be taken into account will be the last five years preceding the submission deadline.
Technical capacity of candidate (based on items 5 and 6 of the application form). The reference period which will be taken into account will be the last five years preceding the submission deadline.
By submitting an application, candidates accept to receive notification of the outcome of the procedure by electronic means.
Subsequent to the initial contract resulting from the current tender procedure, new services consisting in the repetition of similar services, up to the estimated amount of 20% of the initial contract amount, may be entrusted to the initial contractor by negotiated procedure
Section III: Legal, economic, financial and technical information
The candidate must be a registered firm or legal person capable of carrying out the Services. In case of a consortium, this requirement applies to all the members of the consortium as a whole.
At the moment of Application Form submission, the candidate shall have a professional licence(s), certificate(s) (or right), in accordance with the laws of the country in which he is established (or equivalent) for the execution of the Services. In case of a consortium, this requirement applies to all the members of the consortium as a whole.
Economic and Financial Standing
1. The average annual turnover of the candidate over the last three closed financial years prior to submission deadline must be at least 2 500 000 EUR;
2. The average current ratio (current assets/current liabilities for each year) over the same three year period must be >1.0
If requested by the Contracting Authority, documentary evidence to verify the responses to the above Economic and Financial Standing criteria must be submitted within five working days for the evaluation.
The candidate has provided services, during the reference period, of at least two (2) supervision contracts, each with a budget of at least 2 500 000 EUR in the field of Transport Infrastructure Works contracts executed under FIDIC (The International Federation of Consulting Engineers) conditions or similar contract conditions such as those used by the World Bank/European Bank for Reconstruction and Development/Council of Europe Development Bank/ European Investment Bank and other international financial institutions, where the value of each supervised Works Contract was at least 15 000 000 Euro, which were completed.
At least one project must have included at least Electro-hydraulic equipment new/upgrade works of 2 000 000 EUR, and Hydro-mechanical equipment new/upgrade works of 2 000 000 EUR.
At least one project must have included Final Determinations as the Engineer, under Clause 3.5 FIDIC 1999 Yellow Book, or similar contract conditions as above, and all Payment Certificates have been completed, and the Performance Certificate under Clause 11.9 (or similar) has been issued
This means that the service contract the candidate refers to could have been started or completed at any time during the indicated period but it does not necessarily have to be started and completed during that period, nor implemented during the entire period. Candidates are allowed to refer either to service contracts completed within the reference period (although started earlier) or to service contracts not yet completed.
At least ten (10) permanent staff currently working in the field of construction/engineering. Permanent staff is considered as staff whose employment is not based on any kind of fixed term contracts having a preset end by reference to a specific date or on completion of a given task.
If more than 8 eligible candidates meet the above selection criteria, their relative strengths and weaknesses must be re-examined in order to rank their applications and identify the 8 best candidates. The additional comparative criteria that will be taken into consideration during this re-examination are, in order of precedence 1 above 2, as below:
1) the highest number of Performance Certificates that have been issued in compliance with the above technical ability.
2) The total amount of the Final Payment Certificates issued
Previous experience which caused a breach of contract and termination by a Contracting Authority shall not be used as a reference.
If a candidate has implemented the project in a JV/Consortium, it should be clear from the documentary evidence (Taking Over Certificate/Provisional Acceptance/Performance Certificate /Final Acceptance /Joint Venture Agreement, Final Payment Certificate) the percentage the candidate has successfully completed in fulfilment of the above criteria.
If requested by the Contracting Authority, documentary evidence to verify the responses to the above Technical and Professional Ability criteria must be submitted within five working days for the evaluation.
The Supervision Contractor has to perform, inter alia, the following activities and tasks:
• to support the Contracting Authority with the management and implementation of the Works Contract for the upgrade of the navigation lock Djerdap 2
• to act as the Engineer according to FIDIC Yellow Book 1999 conditions of contract
• to administer and manage the Works Contract as the Supervisor according to Serbian law
• to issue technical (including environmental and social covenant) and financial reports to the Contracting Authority, including guarantees, insurances, variations, and interim and final payment certificates
• to supervise the implementation of the Environmental and Social Management Plan during the works
• to ensure that the works are completed to the Employers Requirements, on time and to budget and compliant with applicable EU requirements for inland waterway transport, contributing to improved functionality of the lock
Section IV: Procedure
Section VI: Complementary information
1) Tender Dossier
The Service Tender Dossier will include the following covenant:
Annex 7: Environmental and Social Covenant
Any party having or having had an interest in obtaining a particular contract and who has been or risks being harmed by an alleged infringement of the Guide to Procurement may submit a complaint to the EIB’s Procurement Complaints Committee (PCC) as per Annex 8 of the EIB’s Guide to Procurement. Complaints are to be submitted by mail or electronic mail (please complete the Complaint Form and send it to email@example.com.)
Without prejudice to other remedies and, in particular, without altering the time-limits for bringing actions set out in “3) Ordinary Actions”, where a candidate, tenderer or applicant believes he/she has been adversely affected by a material error or irregularity allegedly committed as part of a selection or procurement procedure, or that the procedure was vitiated by any maladministration, he/she may file a complaint to the Contracting Authority. The complaint must be material, and its sole subject shall not be to obtain a second evaluation for no reason other than the complainant disagrees with the final award decision.
3) Ordinary Actions
When a candidate, tenderer or applicant believes he/she has been adversely affected by an error or irregularity allegedly committed as part of a selection procedure or procurement, he may also file ordinary actions, provided the conditions are met. The action shall be launched in accordance with the rules of the Republic Commission for the Protection of Rights in Public Procurement Procedures, within the Law on Public Procurement, OGRS, No. 91/2020.
4) Data Protection
Processing of personal data related to this tender procedure by the Contracting Authority takes place in accordance with the national legislation of the Republic of Serbia.
Currency of the tender is EUR. All bids must be expressed in EUR. Bid which is not expressed in EUR will be rejected. All payments will be made in EUR.
6) Information on the dates and timing
Prior information notice publication date: 06/09/2021
Deadline for receipt of applications: 08/11/2021
Public opening ceremony: 09/11/2021 at 10:00 AM (local time), at Ministry of Construction, Transport and Infrastructure, Nemanjina 22, 11000 Belgrade, Serbia, floor 11, room 13.
Other relevant information shall be provided within the tender dossier distributed to short listed candidates.