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Services - 642529-2021

17/12/2021    S245

Bosnia and Herzegovina-Banja Luka: Construction supervision services

2021/S 245-642529

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: Ministry of Finance of Republic of Srpska
Postal address: Trg Republike Srpske 1
Town: Banja Luka
NUTS code: BA Bosnia And Herzegovina
Postal code: 78000
Country: Bosnia and Herzegovina
Contact person: Bojana Vasiljevic Poljasevic
E-mail: b.vasiljevic@mf.vladars.net
Telephone: +387 51339778
Fax: +387 51339670
Internet address(es):
Main address: https://www.vladars.net/
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://www.vladars.net/
Additional information can be obtained from another address:
Official name: Ministry of Finance of Republic of Srpska
Postal address: Trg Republike Srpske 1
Town: Banja Luka
NUTS code: BA Bosnia And Herzegovina
Postal code: 78000
Country: Bosnia and Herzegovina
Contact person: Bojana Vasiljevic Poljasevic
E-mail: b.vasiljevic@mf.vladars.net
Telephone: +387 51339778
Fax: +387 51339670
Internet address(es):
Main address: https://www.vladars.net/
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
General public services

Section II: Object

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

Water and Sanitation RS II, Finance contract between Bosnia and Herzegovina and Republika Srpska and the European Investment Bank

Reference number: EIB-GtP/ENR/90.345
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 (the “Borrower”) and Republika Srpska represented by the Ministry of Finance of Republika Srpska (the “Promoter”) has received a loan from the European Investment Bank – EIB– for financing the costs of the Project “Water and Sanitation Project II in Republika Srpska” (the “Project”). The Project will include construction and rehabilitation of water supply, wastewater and storm water infrastructure in the 24 participating municipalities.

This international call for Expression of Interest (EoI) relates to the service contract for Supervision of Works and financial reporting 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: 2 000 000.00 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 scope of the Contract shall be supervision of works and financial reporting in the 24 municipalities.The main operations should be located in Republika Srpska.

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 water supply and wastewater components, such as (not be limited to) rehabilitation modernisation and extension of water intakes, water treatment plants, raw or treated water transmission mains, water supply networks including pumping stations and house connections, sewer networks including house connections and pumping stations, wastewater treatment plants, purchase of specialised vehicles, storm water collectors. The services also include the approval of the Contractors' design for the design and build contracts (mainly for the water and wastewater treatment works), issuing variations and reporting and assessing claims from the Contractor.

The Works contracts follow the FIDIC Red Book, Pink Book and Yellow Book model. The estimated total value of the Works to be supervised is approximately EUR 60 million.

Financial and other reporting: establishing and operating financial management of activities that involves assistance in consolidating financial data, drafting Financial Monitoring Reports, assisting in the monitoring of the coherence of the investment plan with the budget and the actual expenditures; revising and adjusting; assisting with regular reporting of creditors and donors.

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 Ministry of Finance of Republika Srpska.

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 reference period which will be taken into account will be the last three years from submission deadline.

Criteria for legal and natural persons:

• At least 15 permanent staff (this year 2021) 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 supervision work.

• The candidate has to provide the company organization chart and company description in his application.

• It is recommended that proposed resident engineers have experience in Western Balkan countries, have required local licences and permits for design and supervision services in Republika Srpska and are able to communicate in local language. Evidence of obligatory licences shall be requested from the successful bidder prior to the signature of the service contract.

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

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

• The average annual turnover of the candidate must exceed 1.000.000 EUR for the last 3 financial years (2018, 2019 and 2020).

• Current ratio (current assets/current liabilities) in the last year for which accounts have been closed (2020) must be at least 1. In case of a consortium this criterion must be fulfilled by each member.

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 three years for which accounts have been closed.

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

The reference period which will be taken into account will be the last five years from submission deadline.

• The candidate should have successfully completed at least 2 service contracts in the last 5 years prior to the submission deadline of this application (from September 2016-September 2021)

The following sub-criteria to be covered either under single projects or separate projects for each sub-criterion under separate reference:

• For/including i.e. technical assistance, supervision and design etc. in the environmental sector with a minimum value of 1.000.000 EUR in a single project (proportion carried out by the candidate);

• For/including construction supervision for a waste water treatment plant construction project having a design capacity in the range of minimum 15,000 population equivalent;

• For/including construction supervision for a project including construction of a minimum of 50 km of pipeline works including drinking water and sewerage, in a single programme; and

• For/including construction supervision for any kind of construction which is governed by FIDIC contract conditions

Previous experience which caused breach of contract and termination by a Contracting Authority shall not be used as reference.

Minimum level(s) of standards possibly required:

An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links, which it has with them. When the candidate relies in the majority on the capacities of other entities or when it relies on key criteria, it may not be considered appropriate by the Contracting Authority . If the candidate relies on other entities it must in that case prove to the Contracting Authority that it will have at its disposal the resources necessary for performance of the contract, for example by producing an undertaking on the part of those entities to place those resources at its disposal. Such entities, for instance the parent company of the economic operator, must respect the same rules of eligibility and notably that of nationality, as the economic operator. Furthermore, the data for this third entity for the relevant selection criterion should be included in the tender in a separate document. Proof of the capacity will also have to be furnished when requested by the Contracting Authority.

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.2.1)Previous publication concerning this procedure
Notice number in the OJ S: 2021/S 122-322243
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 28/01/2022
Local time: 16:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
Date: 28/02/2022
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 Finance of Republika Srpska.

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 Water and Sanitation in RS EIB 90.345 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 Water and Sanitation in RS EIB 90.345
Postal address: omplaints Committee for Water and Sanitation in RS EIB 90.345 Ministry of Finance Trg Republike Srpske 1
Town: Banja Luka
Postal code: 78000
Country: Bosnia and Herzegovina
VI.5)Date of dispatch of this notice:
06/12/2021