Public procurement contract for services for preparation of a feasibility study and a master plan for development of the tourist-development zones in the Republic of Macedonia

Дополнителни информации

Republic of Macedonia

Ministry of Transport and Communications

MTC-06-3P-08

OPEN PROCEDURE NO 75/2013

FOR AWARDING A PUBLIC PROCUREMENT CONTRACT FOR SERVICES FOR PREPARATION OF A FEASIBILITY STUDY AND A MASTER PLAN FOR DEVELOPMENT OF THE TOURIST-DEVELOPMENT ZONES IN THE REPUBLIC OF MACEDONIA

TENDER DOCUMENTATION FOR A PROCEDURE IMPLEMENTED IN HARD COPY

Contract award criterion: lowest price

Skopje, December 2013

Republic of Macedonia

MINISTRY OF TRANSPORT AND COMMUNICATIONS

INVITATION TO SUBMIT A TENDER

Dear Sir/Madam,

The Ministry of Transport and Communication, with address at Str. 'Crvena Skopska OPstina' No 4, 1000 Skopje, contact telephone number (02) 3 145 445, fax (02) (02) 3 126 162, e-mail: borce.razmoski@mtc.gov.mk needs to procure:

Services for preparation of a feasibility study and a master plan for development of the tourist-development zones in the Republic of Macedonia

For that purpose, the contracting authority hereby implements a procedure to award a public procurement contract for services using an open procedure in accordance with Article 21 of the Public Procurement Law (Official Gazette of the Republic of Macedonia No 136/07, 130/08, 97/10, 53/11 , 185/11, 15/2013 and 148/13), and therefore it published the notice number 75/2013.

We kindly ask you to submit to us your tender for the above subject of the public procurement contract no later than 14.02.2014 at 11.00 hours (local time) by mail at the above address or personally by submission to the archives of the Contracting Authority.

Enclosed with this invitation please find attached the tender documentation which contains all information that will help in the tender preparation. The tender documentation comprises of the following parts: instructions for the economic operators, technical specifications, mandatory provisions to be contained in the public procurement contract, model contract – contract elements, and tender form.

The tender opening shall be public and shall be held on 14.02.2014 at 11.00 hours in the premises of the Contracting Authority at Street 'Dame Gruev' No 6, II floor, room number 16.

in Skopje, COMMISSION PRESIDENT

December, 2013 ____________________________

I. INSTRUCTIONS FOR THE ECONOMIC OPERATORS

1. GENERAL INFORMATION

1.1 Definitions

1.1.1 The specific terms used in these tendering documents shall have the following meaning:

- “Public Procurement Contract” shall mean a contract of financial interest signed, in writing, between the contracting authority on one side and the contractor on the other side, and the subject of this contract shall be the delivery of the goods subject to the contract;

- “Contract Award Procedure” shall be a procedure which shall be implemented by the contracting authority with the objective or activity related to purchasing or acquiring of goods;

- “Open Procedure” shall be a procedure where any economic operator shall have the right to submit a tender;

- Electronic Auction“ shall mean a reverse negative auction process realised after an initial full evaluation of tenders, where tenderers have a possibility, exclusively by electronic means, to revise the presented prices or to improve certain elements of the tenders, whereby ranking shall be made automatically by electronic means;

- “Tender Documentation“ shall mean a set of documents, information and conditions that serve as basis for elaborating, submitting and evaluating the requests to participate or the tenders;

- “Technical Specification“ shall mean a set of technical requirements, regulations, recommendations and standards for the purpose of defining the minimum requirements from a technical point of view to be met by the supplies, services or works which are subject-matter of the public contract;

- “Economic Operator“ shall mean any natural or legal person or a group of such persons, which offer supplies, services or works on the market;

- “Tenderer“ shall mean any economic operator that submitted a tender;

- “Tender“ shall mean a proposal given by the tenderer elaborated in the tender documentation, which is basis for concluding a public contract;

- “Technical Proposal“ shall mean a part of the tender which proves the fulfillment of the technical requirements and the requirements set in the tender documentation;

- “Financial Proposal“ shall mean a part of the tender containing the offered prices according to the requirements set out in the tender documentation;

- “Alternative Tender” shall mean a tender offering other features of the subject to the public procurement contract than those set out in the tender documentation;

- “Contractor“ shall mean tenderer or group of tenderers that concluded the public procurement contract;

- “Evaluation of Tender“ shall mean the evaluation of the tender submitted in the contract award procedure;

- “Acceptable Tender“ shall mean a timely tender that fully meets all requirements in the tender documentation and the technical specifications and matches all criteria, conditions and possible qualification requirements;

- „Responsive Tender” shall mean acceptable tender within the limits of the amount defined by the contracting authority by the public procurement decision or that can be additionally provided in accordance with Article 28 paragraph (4) of the Public Procurement Law;

- “Head Person“ shall mean an official heading a state authority, mayor of local authority or manager of a legal entity, or a person duly authorised by them;

- “Electronic Means“ shall mean usage of electronic equipment for the processing (including digital compression) and storage of data, which is transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means;

- “Electronic System for Public Procurement - ESPP“ shall mean a single computerised system available on the Internet, which is used in order to enable greater efficiency and cost-effectiveness in the award of public contracts;

- “Written“ or "in writing" shall mean any expression consisting of words or figures, which can be read, reproduced and subsequently conveyed, as well as information that is conveyed and stored by electronic means, provided that the security of the contents is secured and the signature is identifiable.

1.2 Contracting Authority

1.2.1 The Contracting Authority is the Ministry of Transport and Communications with address at: Crvena Skopska Opshtina No 4, 1000 Skopje, mailing address: Dame Gruev No 6, Republic of Macedonia, Internet address: www.mtc.gov.mk

1.2.2 The contact person in the Contracting Authority shall be Mr. Borche Razmoski, telephone: +389 (2) 3145 445, email: borce.razmoski@mtc.gov.mk and riste.atanasov@mtc.gov.mk

1.3 Subject of the Public Procurement Contract

1.1.2 Public procurement subject shall be:

Preparation of a feasibility study and a master plan for development of tourist-development zones in the Republic of Macedonia.

1.3.2 The contract subject is not divisible. The tenderer shall include all integral parts in their tender. Otherwise, the tender shall be considered as unacceptable.

1.3.3 Detailed description of the public procurement contract subject is provided in the technical specifications that represent an integral part of the tender documentation.

1.4 Type of Procedure for Awarding a Public Procurement Contract

1.4.1 The public procurement contract shall be awarded through an open procedure.

1.4.2 This procedure shall not be carried out by using electronic means through the Electronic System for Public Procurement ESPP).

1.4.3 This procedure shall not be carried out by an electronic auction.

1.5 Applicable Regulations

1.5.1 This procedure shall be implemented in accordance with the Public Procurement Law, published in the Official Gazette of the Republic of Macedonia no. 130/08, 97/2010 , 53/2011 , 185/2011, 15/2013 и 148/2013 and the corresponding adopted bylaws.

1.5.2 When preparing their tender, the tenderer should have in mind the applicable regulations in the area of taxes and other public dues, employment relations, working conditions, safety at work and obligation relations. All regulations are available in the relevant editions of the Official Gazette of the Republic of Macedonia. The tenderer may obtain additional information with respect to the applicable regulations in the abovementioned areas, from the Public Revenue Office, the Customs Administration and the Ministry of Finance (about taxes and other public dues), the Ministry of Labor and Social Policy (about employment relations, working conditions and safety at work), the Ministry of Justice (on obligations).

1.6 Sources of Funds

1.6.1 The funds for realisation of the public procurement contract subject to this procedure have been provided from the Budget of the Ministry of Transport and Communications.

1.7 Right to Participate

1.7.1 Any interested domestic or foreign legal entity or natural person – tenderer, registered to perform the activity related to the public procurement subject, and that has acquired the tender documentation from the Contracting Authority, shall have the right to submit a tender

1.7.2 Group of tenderers shall also have the right to submit a tender. Integral part of the group tender shall be a contract for submission of a group tender obliging the members of the group of economic operators, between themselves and to the contracting authority, to realise the public procurement contract. The contract for submission of a group tender shall contain the minimum necessary data defined in Article 11 of the Law amending and supplementing the Public Procurement Law (Official Gazette of the Republic of Macedonia No 148/2013).

1.7.3 The group of tenderers shall appoint a representative that will have the authority to perform all business activities for and on behalf of any of the parties and all of the parties from the group of tenderers during the procedure for awarding the public procurement contract and during the execution of the contract, if the group is selected to be the contractor.

1.7.4 In the event of a tender submitted by a group of tenderers, the representative of the group should, together with the tender, submit a written authorization signed by all of the members of the group of tenderers authorizing the representative to submit the tender and undertake all rights and obligations on their behalf and on their account. All members of the group of tenderers shall be severally and jointly accountable before the Contracting Authority for the performance of their obligations. The Contracting Authority shall communicate with the representative of the group of tenderers.

1.7.5 The economic operator, within the frames of the same public contract award procedure, can participate only with one tender. All tenders shall be rejected if the economic operator:

- participates in more than one individual tender and/or as a member of a group tender, or

- participates as a subcontractor in another individual tender and/or as a member of a group tender.

1.7.6 The economic operator may participate as a subcontractor in more than one tender.

1.7.7 The tenderer may engage subcontractors. The economic and financial circumstance, as well as the technical or professional capability of the subcontractors shall not be taken into consideration, except in the case referred to in Article 151 and 154 of the Public Procurement Law. If the economic and financial circumstances, as well as the technical and professional capability of the tenderer are not supported by other entities, in the form of subcontractors, the tenderer shall have no obligation to submit documentation confirming the capability of the subcontractors. In all other cases, articles 151 and 154 of the Public Procurement Law shall apply, irrespective of whether the other entities participate as subcontractors or not.

1.7.8 The tenderer shall be obliged to list in the tender all parts of the tender which will be handed over to the subcontractors for execution.

1.7.9 The persons that participated in the preparation of the tender documentation may not be tenderers or members of a group of tenderers in a procedure for awarding the contract.

1.8 Costs for Submitting a Tender

1.8.1 The economic operator shall bear all the costs related to the preparation and submission of the tender, and the Contracting Authority shall not be responsible for any such costs irrespective of the course and the outcome of the procedure for awarding a public procurement contract.

1.9 Contract Award Criterion

1.9.1 The criterion for awarding a public procurement contract shall be the lowest price. The economic operator that offered the lowest price and whose tender had been previously assessed as acceptable shall be selected as the contractor.

1.9.2 The evaluation of tenders shall be carried out in accordance with the Methodology for expressing criteria for public procurement contract awarding in points (Official Gazette of the Republic of Macedonia No 41/08).

1.10 Prevention of Conflict of Interest

1.10.1 The provisions from the Law on Prevention of Conflicts of Interests shall appropriately apply to prevent conflicts of interests in the procedure for awarding a public procurement contract.

1.10.2 The contractor may not, while executing the public procurement contract, engage persons who have been involved in evaluation of the tenders submitted in the procedure for awarding a public procurement contract, during the validity period of the contract. In that case, the contract shall be deemed null and void.

1.10.3 In the contract award procedure, the president, deputy president, members and deputies of members of the public procurement commission, as well as the head person, shall sign a statement on non-existence of conflict of interest which shall represent part of the documents for the conducted procedure.

1.10.4 In case of conflict of interest with the president, deputy president, members and deputies of members of the public procurement commission, the same shall be withdrawn from the work of the commission and replaced with other persons.

1.10.5 In case of conflict of interest with the head person, the same shall, with a special decision, authorise another person from the officials or the employees of the contracting authority to make the relevant decisions and sign the contract.

1.11 Method of Communication

1.11.1 Every request, information, notification and other documents in the procedure shall be sent in writing. Each document shall be recorded at the time when it is sent, i.e. at the time when it is received.

1.11.2 The documents, except for the tender, shall be sent: by mail or by electronic means.

1.11.3 The manner of submission of tenders is defined in item 4 of the Instructions for tenderers.

1.12 Confidential Information

1.12.1 The Contracting Authority shall protect the information that the economic operator has indicated as confidential, especially when dealing with trade secrets or intellectual property rights, except in the cases where, by law, the Contracting Authority is obliged to submit this information to the competent authorities (in the event of an appeals procedure, instigation of an administrative dispute, etc.). For that purpose, the economic operator should make a list of confidential information using the Form for the list of confidential information attached to this tender documentation, and to submit this list together with the tender

1.12.2 If the economic operator fails to submit the list of confidential information together with the tender, the Contracting Authority shall deem that the tender in question does not contain any confidential information.

1.12.3 The price of the tender shall never be considered as confidential information.

2. CAPABILITY OF THE ECONOMIC OPERATORS

2.1 Manner for Proving the Capability

2.1.1 The tender of the economic operator must be accompanied by accompanying documentation which shall be used to prove the following:

- Personal circumstances,

- Capability to perform a professional activity,

- Economic and financial circumstances,

- Technical or professional capability.

2.1.2 The required documentation shall be submitted in original or copy duly verified by the economic operator containing a seal and a signature of the responsible person, with indication “True to the original”.

2.1.3 While verifying the completeness and the validity of the documentation for determining the capability of the economic operator, and while evaluating the tender, the commission may request from the economic operators to clarify or supplement the documents, in the case of minor deviations from the requested documentation.

2.1.4 The requested explanations have to be submitted by the economic operator in writing within the timeframe defined by the Contracting Authority.

2.1.5 No changes to the tender, except for correction of arithmetic errors may be requested, offered or allowed by the commission or by the economic operator.

2.2 Personal Circumstances

2.2.1 The Contracting Authority shall exclude from the procedure for awarding a public procurement contract, any economic operator that:

- within the last 5 years has had a legally effective judgment pronounced against him for participation in a criminal organization, corruption, fraud or money laundering;

- has been pronounced with an additional judgment prohibiting the participation in public procedures, public procurement contract awarding and public private partnership contracts;

- has been pronounced with an additional judgment for temporary or permanent prohibition for performing of a certain activity;

- is subject to a bankruptcy procedure or a liquidation procedure;

- has unpaid taxes, contributions or other public dues;

- has a misdemeanor sanction involving prohibition to perform a profession, activity or duty, or temporary prohibition to perform a specific activity, and

- gives false information or fails to submit the data requested by the Contracting Authority.

2.2.2 To prove his/her personal circumstance, the economic operator shall submit the following documents:

- statement of the economic operator that, within the last 5 years, he has not had any legally effective judgment for participation in a criminal organization, corruption, fraud or money laundering, pronounced against him/her;

- confirmation that he is not subject to an open bankruptcy procedure by a competent authority;

- confirmation that he is not subject to an opened liquidation procedure by a competent authority;

- confirmation for paid taxes, contributions and other public dues issued by a competent authority in the country where the economic operator is registered;

- confirmation from the Registry of penalties for committed criminal acts of the legal entities that he was not pronounced with a second penalty prohibiting the participation in the public procedures, the public procurement contract award procedures and the public private partnership procedures,

- confirmation from the Registry of penalties for committed criminal acts of the legal entities that he was not pronounced with a second penalty for temporary or permanent prohibiting for performing certain activity, and

- confirmation that there is no legally effective judgment imposing a misdemeanor sanction involving prohibition to perform a profession, activity or duty, or prohibition to perform a specific activity, imposed against him/her.

2.2.3 The statement referred to in indent 1, sub-item 2.2.2 is prepared and signed by the economic operator, and the same should not be verified by a competent authority

2.2.4 The confirmations that there are no open bankruptcy and liquidation procedures, as well as the confirmations from the registry of penalties for committed criminal acts referred to in intends 5 and 6 of sub-item 2.2.2, are issued by competent authorities in the country where the economic operator is registered. The Central Registry of RM is the competent authority for issuing such confirmations in the Republic of Macedonia.

2.2.5 The confirmation for paid taxes, contributions and other public dues is issued by a competent authority in the country of registration of the economic operator. The Public Revenues Office is the competent authority in the Republic of Macedonia for issuing of this confirmation.

2.2.6 The confirmation referred to in indent 7, sub-item 2.2.2 is issued by the competent authority of the country where the economic operator is registered. The Central Registry of RM is the competent authority for issuing of this confirmation in the Republic of Macedonia

2.2.7 The documents referred to in sub-item 2.2.2 must not be older than 6 (six) months counted backwards from the final deadline for submission of the tenders.

2.2.8 If the country where the economic operator is registered does not issue the documents referred to in sub-item 2.2.2 or if the documents do not include all cases stipulated above, the economic operator may submit a statement verified with a competent authority.

2.3 Capability to Perform a Professional Activity

2.3.1 To prove the capability to perform a professional activity, the economic operator shall have to submit a document for a registered activity as a proof that the operator is registered as a natural or a legal entity to perform the activity related to the public procurement contract subject or proof of membership to an appropriate professional association in accordance with the regulations of the country where the operator is registered

2.4 Economic and Financial Circumstances

2.4.1 In order to qualify as being capable to perform the public procurement contract in subject from a financial and economic status point of view, the economic operator shall fulfill, at least the following requirements

- the overall turnover of the tenderer in the last three financial years, cumulatively, shall be at least twice the tender value given during the public procurement procedure participation.

2.4.2 If the economic operator is performing the activity in a period of less than three years, the minimum requirement for determining the economic and financial circumstances is that the economic operator has realised the turnover referred to sub-item 2.4.1 in the years for which there are available data.

2.4.3 The economic operator shall prove the fulfilment of the minimum requirement referred to in sub-item 2.4.1 or 2.4.2 by submitting the following:

- Report on the balance sheet and data from the Profit and Loss Account issued by the Central Register of the Republic of Macedonia for the last three years for which such information are available or depending on the date of company incorporation or company starting date, for the economic operators registered in the Republic of Macedonia.

- Audited balance sheet or excerpts from the balance sheet in cases when the disclosure of the balance sheet is prescribed by law in the country where the economic operator is registered, relevant bank statements.

2.4.4 If the balance sheet and the profit and loss account have been subjected to commercial audit, the economic operator may submit them as proof of fulfillment of the minimum requirement for determining the economic and financial circumstances, even if the same are not verified by a competent authority.

2.4.5 If the balance sheet and the profit and loss account have not been subjected to a commercial audit, the economic operator shall submit them verified, i.e. issued by a competent authority as proof of fulfillment of the minimum requirement for determining the economic and financial circumstances. The Central Registry of RM is the competent authority in the Republic of Macedonia

2.4.6 The economic and financial circumstances of the respective economic operator can be supported by another entity, irrespective of the legal relations between the economic operator and such other entity. If the respective economic operator shall prove its economic and financial circumstances by referring to the support from another entity, it shall be bound to prove such support by providing valid evidence that the other entity shall make available the appropriate financial resources to the economic operator. The entity providing the financial support must not have a legally effective judgment related to the participation in a criminal organization, corruption, fraud, or money laundering, pronounced against it

2.4.7 In the case when economic operators shall submit a tender as a group of economic operators, the economic and the financial circumstances shall be proven on the basis of the resources of all members of such group. Provided that the group of economic operators shall participate with financial assistance from a third entity, the economic and the financial circumstances shall be established on the basis of the aforementioned.

2.5 Technical or Professional Capability

2.5.1 In order to qualify as being capable to realize the specific public procurement contract in terms of its technical or professional capability, the economic operator shall fulfil the following minimal requirements:

- to have prepared at least three feasibility studies for development and construction of tourist locations in the last 10 years

- to have prepared at least five master plans for development and construction of tourist locations in the last 10 years.

2.5.2 The respective economic operator shall prove the fulfilment of the minimum requirements referred to in sub-item 2.5.1 by submitting the following:

- List of prepared feasibility studies for development and construction of tourist locations of the tenderers, performed during the last ten years, including dates, buyers (legal entities), with provision of a confirmation for performed services issued by the recipients. The confirmations shall include the following data: subject of the service, who was the service beneficiary, time for realisation of the service, assessment (satisfied/not satisfied) for the performed service from the recipient. Copies of the contract pages designating the contracting parties, the contract subject and signatures of both contracting parties shall also have to be submitted.

- List of prepared master plans for development and construction of tourist locations, of the tenderers, performed during the last ten years, including dates, buyers (legal entities), with provision of a confirmation for performed services issued by the recipients. The confirmations shall include the following data: subject of the service, who was the service beneficiary, time for realisation of the service, assessment (satisfied/not satisfied) for the performed service from the recipient. Copies of the contract pages designating the contracting parties, the contract subject and signatures of both contracting parties shall also have to be submitted.

2.5.3 In order to prove their technical or professional capability, the economic operator shall also submit: a short description of the approach proposed for project implementation purposes,

- a list of proposed activities considered as necessary for meeting the contract objectives,

- if the tender is submitted by a consortium/group of economic operators, description of the roles for each consortium member, and distribution and interaction of duties and responsibilities between them,

- list of foreseen main experts in the planning of skiing areas and planning/designing of accommodation and other capacities, accompanied by resumes,

- list of the additional personnel to be engaged for the project, as well as description of the areas of the their professional activities in the project.

2.5.4 The documents referred to in item 2.5.2 and item 2.5.3, except for the confirmations for performed services and the pages of the concluded contracts, shall be prepared and signed by the economic operator and the same do not have to be verified by a competent body.

2.5.5 The lists referred to in item 2.5. cannot be supported by another entity, regardless of the legal relations between the economic operator and that entity.

2.5.6 If the economic operators submit a tender as a group of economic operators, the technical and professional capability is proven by taking into consideration the resources of all group members.

3. CLARIFICATION, AMENDEMENT AND SUPPLEMENTING OF TENDER DOCUMENTATION

3.1 Tender Documents Clarification

3.1.1 The respective economic operator may ask the Contracting Authority for clarification of the tender documentation, exclusively in writing, 6 days prior the final deadline for tender submission, at the latest.

3.1.2 The Contracting Authority shall submit the clarification to all economic operators who have obtained the tender documentation, without identifying the economic operator requesting the clarification.

3.2 Amendment and Supplementing of Tender Documentation

3.2.1 The Contracting Authority shall reserve the right, no later than 6 days before the expiration of the deadline for submission of tenders, on its own initiative or on the basis of questions for clarification submitted by the economic operators, to make modifications or supplement the tender documentation, about which it shall immediately inform all economic operators having obtained the tender documentation.

3.2.2 In case of amending of the tender documentation, the Contracting Authority shall extend the deadline for tender submission by at least 6 days.

4. PREPARATION AND SUBMISSION OF TENDERS

4.1 Contents of the Tender

4.1.1 Tenders should be prepared on basis of the original tender documentation and shall be composed of the following elements:

- completed form of tender composed of general part and list of prices;

- documents establishing the personal circumstances listed in sub-item 2.2.2 of the tender documents;

documents establishing the capacity for performing of professional activity referred to in item 2.3.1 of the tender documentation;

- proofs establishing the economical and financial circumstances listed in item 2.4.3 of the tender documentation;

- documents establishing the technical and professional capacity referred to in item 2.5.2 and item 2.5.3 of the tender documentation;

- initialled contract model – contract elements; and

- Written authorisation for the representative of the group of economic operators (only in the case of group of economic operators).

4.1.2 The economic operator shall use the forms provided in this tender documentation and fill them without making any changes to their form. If the economic operators shall themselves prepare the forms, the form content (apart from filling them in) shall not deviate from the contents of the forms provided in the tender documentation; otherwise, the tender may be rejected as unacceptable.

4.1.3 If the tenderer intends to have one or more subcontractors for part of the public procurement contract, the tender shall indicate the data on the part of the contract intended for the subcontractors, as well as data on all proposed subcontractors (company, address, unique tax number, etc.). The tenderer shall be liable in front of the Contracting Authority for realisation of the public procurement contract, regardless of the number of subcontractors.

4.2 Language of the Tender

4.2.1 Both, the tender and the complete correspondence and documents related to the tender shall be submitted in Macedonian language.

4.2.2 The accompanying literature may be in another language. During the tender evaluation stage, the Contracting Authority shall reserve the right to ask the tenderers to translate the printed literature that had been originally submitted in a different language.

4.3 Price of Tenders

4.3.1 The economic operator shall include the price in the tender form.

4.3.2 The offered price shall include all expenses and discounts of the economic operator and shall be without value added tax, which is separately indicated. The income realised on the basis of the public procurement subject for a foreign legal and natural entity – tenderer, shall be subject to taxation in the Republic of Macedonia, in accordance with the Law on Profit Tax.

If the state in which the tenderer is resident, has concluded an International Agreement for Double Taxation with the Republic of Macedonia, tax exemption can be provided with a Decision granting the request for tax exemption, issued by the Public Revenues Office of the Republic of Macedonia.

If the tenderer's state and the Republic of Macedonia have not concluded such an agreement or of the required Decision is not granted, the tax, on the income received by the tenderer on the basis of performed services, shall be born by the tenderer.

Therefore, the subject to evaluation shall be the total offered price, VAT excluded.

4.3.3 The tender price shall be written, both in numbers and letters. (If the tender is submitted by a foreign economic operator, the tender price, apart from numbers, shall also be written in letters in English language).

4.3.4 If certain tender shall have an unusually low price which is significantly lower than the real market price causing doubt regarding the contract realisation, the Contracting Authority shall request from the tenderer in writing and before rejecting the tender, to provide details on the tender considered as important and shall verify the proofs submitted to justify the tender price. If the economic operator shall fail to explain in writing the reasons for such a price within a period of 3 (three) days of the date of submission of the request, or if the Commission shall not accept their reasons, the tender shall be rejected.

4.4 Currency of Tenders

4.4.1 Domestic economic operators shall express the tender price in denars. Foreign economic operators may express the tender price in euros. The Macedonian denar shall be used as a currency for tender evaluation. The exchange rate to be used shall be the exchange rate of the National Bank of the Republic of Macedonia, and the exchange rates shall be those valid before the expiry for submission of tenders.

4.5 Validity Period of Tenders

4.5.1 Tenders shall be valid at least ninety (90) days as of the day of tenders opening, and the tender and all its elements shall be bounding for the tenderer during its entire validity. If the day of opening of tenders shall not be a business day, the period of validity of tenders shall start as of the first business day coming after the one when the tenders were opened. The Contracting Authority shall reject tenders with validity periods shorter than the envisaged one, on the grounds that they have failed to meet the requirements

4.5.2 If the Contracting Authority shall establish it to be necessary, it can ask the respective tenderer to extend the validity period of the tender.

4.6 Tender Guarantee

4.6.1 As part of the tender, the economic operator shall obligatory provide a tender guarantee (participation guarantee) amounting 3% of the total value of the respective tender, VAT excluded.

4.6.2 The guarantee shall be in the form of:

- bank guarantee. All banks shall be considered acceptable for the Contracting Authority. All costs and commissions regarding the provision and submission of the bank guarantee shall be born by the ordering party.

4.6.3 Guarantees should be submitted in original form. Copies shall not be accepted. Guarantee validity shall be at least 14 days as of the date of expiry of tender validity. Each tender which shall fail to contain a tender guarantee or shall contain a tender guarantee which is not in line with the requirements referred to in the tender documentation shall be rejected by the contracting authority as unacceptable.

4.6.4 The tender guarantee of the unsuccessful economic operators shall be returned within 7 days as of the date of the conclusion of the contract with the economically most advantageous tenderer in the following manner:

- guarantee provided in a form of a bank guarantee shall be returned in person in the head office of the Contracting Authority or by mail, upon a written request of the economic operator.

4.6.5 The tender guarantee can be invoked if the respective tenderer shall withdraw its tender before the expiration of its validity, if it shall fail to accept the correction of possible arithmetic errors made by the Commission, if it shall fail to sign the public procurement contract or if it shall fail to provide a guarantee for quality realisation of the contract

4.6.6 In case the tender guarantee is invoked, the Contracting Authority shall publish at the ESPP a negative reference in a manner and in accordance with the requirements set out in the Public Procurement Law, which shall result into exclusion of the respective tenderer from all future contract award procedure for a period of one year as of the date of publishing in case of first negative reference, of which the tenderer shall be informed.

4.6.7 The prohibition for participation in the contract award procedures shall also pertain to the group of economic operators in which the economic operator with a negative reference is a member of, as well as to the economic operator representing an associated company to the economic operator with a negative reference.

4.6.8 The negative reference shall be published concurrently with the publishing of the notification for concluded contract or procedure cancellation.

4.7 Form and Signing of Tenders

4.7.1 Tenders shall be submitted in one original form, written with indelible ink and signed by the head person of the economic operator or a person duly authorised by him. If the tender shall be signed by a person authorised by the head person, the tender shall include an authorisation for signing of the tender signed by the head person. All pages of the tender, except for the unaltered printed literature, should be initialled by the person signing the tender.

4.7.2 Any writing between lines, erasure or writing over previous texts shall be valid only if signed or initialed by the individual that signs the tender.

4.8 Sealing and Marking the Tenders

4.8.1 Tenders can be submitted only by economic operators who acquired the verified copy of the tender documentation from the Contracting Authority.

4.8.2 The economic operator shall enclose the original copy of the tender with the entire documentation and copies of printed editions in sealed internal envelope which shall include the full name and address of the economic operator. This sealed internal envelope shall be placed and sealed in an external envelope which:

- shall not contain information on the economic operator;

- shall be addressed to the accurate address of the Contracting Authority;

- Shall contain information referring to the number of the notice for awarding of the public procurement contract and the date when it was issued;

- “Do not open” notice shall be stated in the top left corner, preventing opening prior to set time and date for tender opening.

4.8.3 If the envelopes are not sealed and marked as required, the Contracting Authority shall not be responsible for any untimely or incomplete reception of the tenders in its archives or for any premature opening of the tenders.

4.9 Site visit

4.9.1 Site visit shall not be provided for in this procedure.

4.10 Deadline and Place for Tender Submission

4.10.1 The deadline for the submission of the tenders is 14.02.2014, at 11:00 hours, local time.

4.9.2 Tenders shall be submitted at the following address: Str. Dame Gruev No 6, 1000 Skopje, Republic of Macedonia, with a reference “For open procedure No 75/2013".

4.10.3 Any tender that arrives after the expiration of the final deadline for tender submission shall be rejected as a late tender and shall be returned to the economic operator unopened.

4.11 Alternative Tenders

4.11.1 Alternative tenders shall not be allowed in this contract award procedure.

4.12 Modification, Replacement and Withdrawal of a Tender

4.11.1 The tenderers may modify, replace or withdraw their tenders after tender submission, provided that the modifications, replacements or withdrawals are received by the Contracting Authority before the deadline for tender submission stipulated in item 4.10.

4.11.2 The modifications, replacements and withdrawals of the tenders shall be prepared, placed in an envelope, marked and submitted in accordance with item 4.8, by duly marking the envelope as “amendment”, “replacement” or “withdrawal”.

4.11.3 The tender may not be modified, replaced or withdrawn after the deadline for tender submission provided for in item 4.10.

5. PUBLIC OPENING AND EVALUATION OF TENDERS

5.1 Opening of Tenders

5.1.1 Only the authorized representatives of the tenderers can participate in the public tender opening procedure by providing their comments in the minutes of the tender opening.

5.1.2 The authorized representatives of the economic operators shall bring with them to the public opening an authorization signed by the head person of the economic operator. All authorized representatives of economic operators, present at the public opening, should sign an attendance list.

5.1.3 The public opening shall be held on 14.02.2014, at 11:00 hours, in the premises of the Contracting Authority at Street Dame Gruev No 6, Skopje, II floor, room No 16.

5.1.4 The submitted tenders shall be opened in accordance with the Law on Public Procurement, namely: one by one, by reading the name of the tenderer, concluding whether the tenders have been submitted in accordance with item 4.8 of the tender documentation and if they are in their original form, and then the tenders shall be read out loud according to the same order in which they were opened, except for the tenders which, in accordance with the Law on Public Procurement, are excluded from the further procedure. The modified, replaced, or withdrawn tenders shall be read first. Then the tender prices shall be read out loud, including any discounts and the existence of a tender guarantee. Only the discounts which have been read at the public tender opening shall be considered during the tender evaluation. No tender shall be rejected during the tender opening, except for the late tenders.

5.1.5 The public procurement commission shall proceed with the public tender opening even if only one tender was received.

5.1.6 During the tender opening, minutes shall be taken in accordance with the Rulebook for opening of tenders and the Form for taking minutes of tender opening (“Official Gazette of the Republic of Macedonia” no. 154/07).

5.2 Confidentiality of the Tender Evaluation Process

5.2.1 No information regarding the review, evaluation and comparison of the tenders in the tender evaluation process shall be disclosed to the economic operators or to any other persons not officially involved in that process.

5.3 Clarification of Tenders

5.3.1 During the period of tender review and evaluation, the Contracting Authority may ask any economic operator to clarify their tender. The request of the Contracting Authority for clarification and the response shall be in writing. No price or content modification shall be required, offered or allowed, except with reference to confirmation of the correction of arithmetical errors discovered by the Contracting Authority when evaluating the tenders.

5.3.2 Any clarification submitted by the economic operator with respect to their tender that is not submitted as a reply to the request of the Contracting Authority, shall not be considered.

5.4 Correction of Arithmetic Errors

5.4.1 If the tender is acceptable and prepared and submitted in accordance with the tender documentation, the contracting authority shall correct the arithmetic errors in the following manner:

- if there is a discrepancy between words and figures, the amount in words shall prevail,

- if there is a discrepancy between the unit price and the total price, than the unit price shall prevail.

5.4.2 The Public Procurement Commission shall correct the errors in the tender in accordance with the described procedure and this shall be considered as binding for the tenderer.

5.4.3 If the economic operator does not accept the proposed correction of arithmetic errors then the tender shall be rejected and the tender guarantee shall be invoked.

6. CONTRACT AWARD

6.1 Public Procurement Contract Award

6.1.1 The Contracting Authority shall award the contract to the economic operator that offered the lowest price.

6.1.2 If two or more tenders have the same price, the tenderer that first submitted the tender in the archive of the Contracting Authority shall be selected as the most advantageous tenderer.

6.2 Notification Regarding the Contract Award

6.2.1 Prior the expiration of the tender validity period, and 3 days at the latest following the decision about the most advantageous tender, the most successful economic operator shall be notified in writing that their tender has been selected. At the same time, all other economic operators shall be notified about the results of the tender, and the decision contract award, as well as the notification regarding the reasons for non-selection of their tender shall be sent to them.

6.2.2 Economic operators who participated in the procedure shall have the right to an insight in the report of the conducted procedure.

6.3 Legal Protection

6.3.1 Any economic operator that has a legal interest to win the public procurement contract and that suffered or could have suffered damages related to potential breach of the provisions of the Law on Public Procurement, may seek legal protection against the decisions, actions or failure to undertake actions by the Contracting Authority in a contract award procedure.

6.3.2 The appeal shall be lodged within eight days as of the date of publishing of the contract award notice regarding the data, actions or failure to undertake actions in reference with the notice, receipt of the decision for selection of the most advantageous tender or the decision for procedure cancellation, or the findings about irregularities in the management of the public procurement contract award procedure, within one year, at the latest, as of the date of termination of the implemented procedure.

6.3.3 The economic operator who failed to lodge an appeal with respect to the provisions stipulated in sub-item 6.3.1, shall not have a right to an appeal in a later stage of the procedure for the same legal basis.

6.3.4 The appeal should contain the following elements:

- data on the submitter of the appeal (name, surname, name of the economic operator, address of residence and registered address),

- data on the representative or the proxy,

- name and registered address of the contracting authority,

- number and date of the contract award procedure and data on the contract notice,

- number and date of the decision for selection of the most advantageous tender, cancellation of the procedure or other decisions of the contracting authority,

- data on the actions or failure to undertake actions by the contracting authority,

- description of the factual situation,

- description and explanation of the irregularities,

- proposed evidence,

- appeal and/or claim for compensation of procedure costs, and

- signature and seal of an authorised person.

6.3.5 The submitter of the appeal shall be obliged to submit a proof of payment of the fee for procedure implementation.

6.3.6 The submitter of the appeal whose registered address is not on the territory of the Republic of Macedonia shall be obliged to determine a proxy to receive writs.

6.3.7 The appeal shall be lodged with the State Appeals Commission. The appeal shall be submitted in person or by registered mail to both the contracting authority and the State Appeals Commission. The day when the appeal is sent by registered mail shall be deemed as the day when the appeal was submitted. In case the appeal is submitted in person, the contracting authority shall be obliged to issue a confirmation of the time of the receipt to the submitter.

6.3.8 In the procedure before the State Appeals Commission, the appellant of the appeal shall, in addition to the administrative fee, be liable to pay a fee for implementing the procedure depending on the amount of the tender, as follows:

- up to 20.000 euros in denar counter-value, a fee of 1000 euros in denar counter-value,

- from 20.000 to 100.000 euros in denar counter-value, a fee of 200 euros in denar counter-value,

- from 100.000 to 200.000 euros in denar counter-value, a fee of 300 euros in denar counter-value, or

- over 200.000 euros in denar counter-value, a fee of 400 euros in denar counter-value.

6.3.9 In case when there is no tender, the amount of the fee for procedure implementation shall be calculated on the basis of the estimated value of the public procurement contract, and the State Appeals Commission shall inform the appellant about the amount of the fee and the deadline in which the appellant needs to submit proof of payment of the fee.

6.3.10 The Contracting Authority shall not be allowed to sign the public procurement contract and start its implementation in a period of 12 days, as of the date of receipt of the decision deciding on the individual right in the contract award procedure, except:

- in the cases referred to in articles 99 and 198 of this law,

- in case when only one tenderer participated in the procedure whose tender was selected as the most advantageous tender, or

- in case of individual public procurement contracts on the basis of a framework agreement.

6.4 Signing of the Public Procurement Contract

6.4.1 The contracting authority shall submit the public procurement contract to the selected most advantageous tenderer in 6 copies for signing.

6.4.2 The selected most advantageous tenderer shall have an obligation to sign the public procurement contract within 5 days starting from the day of the reception of the contract and to return it to the contracting authority. The contracting authority shall undertake an obligation to send the required number of copies of the contract to the selected most advantageous tenderer after it has been signed by the authorised person of the contracting authority

6.4.3 If the selected most advantageous tenderer fails to sign the contract within the term stipulated in item 6.4.2 of the tender documentation, the contracting authority shall retain the right to consider that the selected most advantageous tenderer refrained from the contract signing.

7. MANDATORY ELEMENTS OF THE PUBLIC PROCUREMENT CONTRACT

7.1 Payment Method

7.1.1 The following payment method shall be used:

- Preparation of feasibility studies:

- Up to 30% of the total tender value for preparation of the feasibility studies shall be paid by bank transaction or remittance (applicable for foreign tenderers), following the prepared and submitted analysis of the existing situation and the identification of areas for potential development of the areas for accommodation capacities and following the submission of the technical assessment and optimisation of the centre within 30 days as of the day of receipt of the invoice in the archives of the Contracting Authority, accompanied by Minutes on completion of the aforementioned services signed by both contracting parties.

- The remaining part of the tender value pertaining to preparation of the feasibility studies shall be paid by bank transaction or remittance (applicable for foreign tenderers), following the completion of the final versions of the feasibility studies within 30 days as of the day of receipt of the invoice in the archives of the Contracting Authority, accompanied by Minutes on acceptance of the study.

- Master Plan preparation:

- Up to 30% of the total tender value for preparation of the master plans shall be paid by bank transaction or remittance (applicable for foreign tenderers), following the submission of the market analysis, preliminary design for optimal development of the tourist-development zones with the accommodation and other capacities, and the preliminary design on the first step of development of the zones, within 30 days as of the day of receipt of the invoice in the archives of the Contracting Authority, accompanied by Minutes on completion of the aforementioned services signed by both contracting parties

- The remaining part of the tender value pertaining to preparation of the plans shall be paid by bank transaction or remittance (applicable for foreign tenderers), following the completion of the final version of the Master Plan, within 30 days as of the day of receipt of the invoice in the archives of the Contracting Authority, accompanied by Minutes on acceptance of the plan.

The foreign tenderer (non-resident of the Republic of Macedonia) shall submit a resident status confirmation from the contractor, within 15 (fifteen) days as of the date of receiving the Decision from the Public Revenue Office of the Republic of Macedonia.

The payment shall be in full amount if the contractor is registered as a taxpayer in the Republic of Macedonia and is granted with a Decision granting the tax exemption request; otherwise, an amount for income tax shall be withheld from the payment amount.

The payment method is mandatory. Any tender that contains a payment method different than that determined with this item shall be deemed as unacceptable and as such shall be rejected by the Public Procurement Commission.

7.2 Delivery Timeframe

7.2.1. The contractor shall be obliged to realise the services within the following timeframes:

- To prepare and submit the feasibility studies to the Contracting Authority within 45 days as of the date of signing of the contract by both contracting parties.

- To prepare and submit the Master plans to the Contracting Authority within 60 days as of the date of signing of the contract by both contracting parties.

7.2.2. The timeframe for realisation shall be mandatory. Any tender that offers a term that differs from the one determined with this item shall be deemed as unacceptable and as such shall be rejected by the Public Procurement Commission

7.2.3. The services shall be considered as completed with the signing of the Minutes for acceptance of the studies and the plan.

7.3 Difference in Prices (Price Corrections)

7.3.1 Correction of prices of the subject of the public procurement contract shall not be allowed and they shall remain fixed for the contract duration.

7.4 Advance Payment

7.4.1 Advance payment is not foreseen.

8. CANCELATION OF THE PROCEDURE

8.1 The contracting authority may cancel the contract award procedure if:

- the number of candidates is lower than the minimum number provided for the contract award procedures in accordance with this Law,

- no tender or no acceptable or responsive tender have been submitted,

- acceptable tenders have been submitted, but they cannot be compared due to the different approaches employed in the technical or financial proposals,

- unforeseen changes to the budget of the contracting authority have occurred,

- the tenderers offered prices and requirements for the performance of the public procurement contract, which are less favourable than the real market prices,

- it establishes that the tender documentation has significant faults or weaknesses, up to the moment of tender opening,

- the needs of the contracting authority have changed due to unforeseen or objective circumstances ,

- the contracting authority cannot select the most advantageous tender due to significant violations of the law in accordance with Article 210 of this Law or the selected tenderer refrained from signing of the contract.

9. COMPLETION OF THE CONTRACT AWARD PROCEDURE

9.1 The contract award procedure shall end on the date when the decision for selection or for procedure cancellation become final.

Attachment 1 – Project Programme

Attachment 2 – Tender Form

Attachment 3 – Statement for Independent Tender

Attachment 4 – Contract Model (contract elements)

Attachment 5 – List of Confidential Information Form

Attachment 6 – Reference List Form

Attachment 1 – Project Programme

TERMS OF REFERENCE

1. Description of the natural specifics of the Ohrid and Dojran lakes

1.1. Ohrid Lake is the biggest and most important natural lake in Macedonia, and in biological terms, it is the most important aquatic eco-system in Europe. The lake has numerous archaeological sites and natural beauty, and as of 1980, the Ohrid Lake and the City of Ohrid have been declared as World cultural heritage sites, under UNESCO protection. The waterside of Lake Ohrid was inhabited as of prehistoric times. The oldest archaeological settlements are from the Neolithic period, about 6000 years b.c. More than 170 archaeological sites were discovered on the Macedonian lake side.

The lake covers an area of 358,2 km2, and stretches in length of 30,8 km, with greatest width of 14,8 km. The shoreline length is 87.5 km. Its depth reaches 289 m. The total lake volume is 58,6 km3. The lake is situated in a deep and closed valley, bordering the Galichica Mountain (1945 m) to the east, and Jablanica (2257 m) to the west. It is located at 695 m asl. The Ohrid Lake basin includes 40 rivers, of which 23 on Albanian, and 17 on Macedonian territory.

Ohrid Lake, perceived in entirety as a lake system with the Prespa Lake, is of tectonic origin. Both lakes represent remains of the former Dessaret lake basin, from which they have originated through a geotectonic depression during the Pliocene epoch (5,2-1,8 million years ago). Its geological age is estimated at about 2-3 million years, due to which it is included in the group of old, long-lived lakes together with lakes Baikal, Tanganyika, Hovsgol, Titicaca. These lake ecosystems are considered as hubs of diversity and evolution reservoirs in which, mainly due to the ambient environment stability, ecosystem isolation and the long lake life, processes of rapid evolution of certain groups of organisms occur.

1.2 Lake Dojran is a tourist pearl of Eastern Macedonia. The biggest settlements are the two fishermen's towns: Nov Dojran (New Dojran) (settled from the end of World War I till World War II) and Star Dojran (Old Dojran), which contains both old and recent buildings, especially hotels, resorts and restaurants.

Lake Dojran is the smallest of the three tectonic lakes in Macedonia (next to Ohrid and Prespa lakes), and and is a remainder of Lake Peon that once used to exist here. It lies on an altitude of 148 m.a.s.l., with an area of 43 sq. km. Due to its small surface and depth, its water is considerably warm. It is the richest lake in fish within this area. The mud of Dojran Lake possesses healing properties. It is especially useful for treatment of muscles and bones.

This is the usual picture from the Dojran Lake shoreline. People putting mud on them, and sunbathing afterwards. They believe in its healing property.

It is useful for sinus treatment. Algae of the lake can help in the treatment of all types of sinus infections.

2. Intent and Objective

The Ministry of Transport and Communications is looking for a consultant, with significant experience and success in the planning of tourist-development zones, who shall develop a detailed strategy, concept and development volume, territorial planning and other services required for the purposes of successful planning and further development of the tourist development zone.

3. Scope of Work

3.1 Preparation of a master plan for the three plots on Lake Ohrid and Lake Dojran, each including:

- Analysis of Macedonia's overall accommodation market. Where are the market niches?

- Site analysis

- Micro market analysis (supply and demand) and evaluation of the existing products

- Recommendations on the overall positioning

- Recommendations on number and sizes of facilities

- Best practice examples

- Layout plan

3.2 Preparation of a feasibility study for the lighthouse projects (one for each of the three zones)

- Site analysis (focussing on the proposed micro site within the respective development zone)

- Market analysis (based on a relevant competitive set)

- Detailed product and positioning recommendations

- Preliminary space allocation programme

- Recommendations on suitable operators and/or marketing consortia

- Financial forecast for a ten-year period

- Rough investment analysis

- Definition of investor target groups

- Executive summary (in ppt-format) which can also be used for approaching investors

3.3 Presenting the results of studies and master plans

- presentation of the results of the master plan studies

- fine-tuning of the positioning and unique selling propositions of each development area

- review of references and best practice examples

- discussion of potential lighthouse projects

- discussion of potential incentives for investors and operators (including review of the existing political/commercial/legal/environmental/… framework)

- development of a road show plan

3.4 Assistance in the preparation and conduct of a road show

- research on existing fairs/conferences/events

- selection of top-notch investors for one-on-one presentations

- assistance in the preparation of presentations

- participation in selected road show events (fairs, conferences, meetings with investors, etc.)

- providing access to operators/investors/developers.

4. Qualifications and Experience

The tenderers, in their tender, shall demonstrate their qualifications and experience in terms of development of tourist-development zones in the world through submission of:

- Short description of the proposed approach for development of the relevant tourist-development zone.

- List of proposed activities considered as necessary so as to meet the contract objectives.

- If the tender is submitted by a consortium/group of economic operators, description of the roles for each consortium member, and distribution and interaction of tasks and responsibilities between them.

- List of foreseen main experts in the planning/designing of the accommodation and other capacities, accompanied by short resumes, a list of the additional personnel to be engaged for the project, as well as description of the areas of their professional engagement in the project.

Attachment 2 – Tender Form

On the basis of the notice number ___/2013 published by the Ministry of Transport and Communications for award of a public procurement contract for services for preparation of a feasibility study and a master plan for development of tourist-development zones in the Republic of Macedonia, through an open procedure, and based on the tender documentation acquired from the Contracting Authority, we hereby submit the following:

T E N D E R

2.1. GENERAL PART

2.1.1.Name of the tenderer:

2.1.2. Contact information

Address:

- Telephone:

- Fax:

- E-mail:

- Contact person:

2.1.3. Head person:

2.1.4. Tax reference number:

2.1.5. Personal identity number:

2.1.6 We hereby agree to offer this tender with reference to the subject of the public procurement contract in accordance with the prices offered by us, and in accordance with the technical requirements defined in the tender documentation

2.1.7 We hereby agree with the timeframe for preparation of the contract subject defined in the tender documentation.

2.1.8 The total price of our tender for preparation of a feasibility study and a master plan for development of tourist-development zones in the Republic of Macedonia, including all costs and discounts, and without VAT, shall be (in numbers) denars/euro,_____________________________________________________(in letters)

denars/euro__________________________________________________________.

The total VAT amount shall be .

2.1.10 We hereby agree with the payment method defined in the tender documentation.

2.1.11 Our tender shall be valid for a period of 90 days as of the day of tender opening, and shall be binding in all its elements for that duration.

2.1.12. Our tender consists of the following parts:

- Filled Tender form comprising of 2.1 GENERAL PART, given as Attachment 2,

- Filled form of a list of confidential information (if there is no confidential information the form does not need to be submitted),

- Documents proving the personal circumstances,

- Documents proving the capability to perform professional activity,

- Proof of fulfilment of the requirements for economic and financial capability,

- Proof of fulfilment of the requirements for technical or professional capability,

- Tender guarantee,

- Written authorisation for the representative of a group of economic operators (if dealing with an individual tenderer, this indent should be erased).

2.1.13. By submitting this tender, we entirely accept the requirements provided for in the notice and the tender documentation and we shall not contest your right to cancel the procedure for awarding Public Procurement Contract in accordance with Article 169 of the Law on Public Procurement

2.2. LIST OF PRICES

No 1 2 3 4

Description unit Total amount, VAT excluded VAT

1 Preparation of a Feasibility study for development of tourist-development zones in the Republic of Macedonia 3

2 Preparation of master plans for development of tourist-development zones in the Republic of Macedonia 3

3 Preparation and realisation of a road show hour

Total amount, VAT excluded

2.3.The tender guarantee in the form of a bank guarantee is submitted in original to your address.

2.4. If our tender is accepted, we shall be obliged to provide a Guarantee for quality realisation of the contract in the form of a bank guarantee, in amount of 10% of the public procurement contract value.

Place and date Head person

_____________ ______________________

(signature and seal)*

Attachment 3 – Statement for Independent Tender

S T A T E M E N T

I, the undersigned ____________________________ [name and surname], on the basis of Article 129, paragraph 2, of the Public Procurement Law, acting as authorised person of the tenderer________________________________, under full material and criminal liability hereby declare that the tender in the open procedure ______/2013 is submitted independently, without an agreement with other economic operators in a manner that is not in conflict with the competition protection regulations, as well as that I do not participate in the procedure with other economic operators with whom I am related in equity, ownership or family-based terms.

In addition, I hereby declare that I am fully aware of the consequences from provision of false information in the Statement which might result into initiation of a procedure for determining the misdemeanour or criminal liability against the tenderer on whose behalf and account I am authorised to provide this Statement.

Place and date Head person

_____________ ______________________

(signature and seal)*

Attachment 4 – Contract Model (contract elements)

General information for the tenderers:

- On the basis of the finality of the Decision for public procurement contract award, the Contracting Authority shall conclude a contract for realisation of the procurement subject with the tenderer whose tender was selected as the most advantageous tender, and whose tender meets the prescribed criteria for determining the capability defined in the present tender documentation.

- The Contracting Authority shall conclude a Contract for realisation of the procurement subject with one economic operator.

- The duration of the Contract for realisation of the procurement subject shall be from the date of its signing by both contracting parties till the realisation of the procurement subject.

- The tender of the economic operator that was selected as the most advantageous shall be an integral part of the contract for this public procurement procedure.

The contract is foreseen to contain the following elements:

- Contracting parties,

- Contract subject,

- Contract duration,

- Rights and responsibilities of the contracting parties,

- Contract prices and value,

- Timeframe and manner of realisation,

- Цени и вредност на договорот,

- Force majeure,

- Termination and sanctions for contract violation,

- Applicable law,

- Settlement of disputes,

- Final provisions.

The head person of the tenderer shall be obliged to provide consent for the proposed elements for preparation of the contract.

Signature of the head person and seal of the tenderer

Tenderer's consent

Attachment 5 – List of Confidential Information Form

Confidential information

Number of pages containing this information Reasons for confidentiality of this information Time period in which this information will be confidential

Attachment 6 – Reference List Form

Economic operator / group of economic operators:

..................................................................................................................................................................................................

1. Contract number and date:

2. Contractor:

3. Name of procuring party:

4. Address of procuring party:

5. Foreseen duration of the contract/subcontract:

6. Date of full realisation of the contract/subcontract:

7. Contract subject:

8. Вредн Contract value:

Total value

____________

____________ Individual contractor

____________

____________ Group member

___________

___________ Subcontractor

___________

___________

9. Other data (if any), description or explanation

(The form shall be repeated as many times as there were required contracts and data on the same)

The Contracting Authority shall reserve the right to check the accuracy of the information stated in the form

Информации за роковите за приговор

6.3.2 The appeal shall be lodged within 8 days as of the date of publishing of the contract award notice regarding the data, actions or failure to undertake actions in reference with the notice, receipt of the decision for selection of the most advantageous tender or the decision for procedure cancellation, or the findings about irregularities in the management of the public procurement contract award procedure, within 1 year, at the latest, as of the date of termination of the implemented procedure.