Extract from the tender documentation referring to equipment supply for the recreational aqua park located within the premises of the Sports Centre Boris Trajkovski in Skopje in the following order: LOT 1: Rubber entrance bands and LOT 2: Swimming tubes

Дополнителни информации

Extract from the tender documentation referring to equipment supply for the recreational aqua park located within the premises of the Sports Centre BORIS TRAJKOVSKI in Skopje in the following order:

LOT 1: Rubber entrance bands and

LOT2: Swimming tubes.

7.1. The bidder hereby affirms the criteria meeting with the purpose of confirming its personal state by subjecting a statement, attached to his/her offer. Having this statement submitted affirms the possession the following documents:

— certificate stating that the aforementioned bidder has not been passed an effective judgment upon in the case of criminal organization, corruption, forgery or money laundering;

— certificate stating that the aforementioned bidder has not been passed any additional charges in the case of participation in public procurement procedures, allocation of the aforesaid or conclusion of public private partnership agreements whatsoever;

— certificate stating that the aforementioned bidder has not been passed any additional charges or permanent ban whatsoever;

— certificate stating that the aforementioned bidder is not involved in any liquidation procedures;

— certificate stating that the aforementioned bidder has paid his/her taxes duly and fully, except in the case of being lawfully given the permission for deferred paying of his/her citizen obligations and taxes;

— certificate stating that the aforementioned bidder has not been revoked his license and can no longer practice certain profession;

— certificate stating that the aforementioned bidder has not given any false data or refused to submit data requested by the contracting authority.

The requested documents must not be older than 6 months from the moment of the last submitting day. The documents must be submitted in original in bidder certified copy if the commission requests so. If the contracting authority suspects the validity of the documents submitted it shall be in full capacity to revise and check them at the competent authority which had issued the following documents in the current case.

7.1.1. The statement from indent 1 shall be prepared by the economic operator itself and it does not have to be certified by a suitable competent authority.

7.1.2 The competent authorities where the economic operator is listed are issuing the certificates for the liquidation procedure and fines registries for certain misdemeanours listed in indent 5 and 6. The Central Registry of The Republic of Macedonia is the authority in charge of issuing these certificates.

7.1.3 The certificate for dully paid taxes is issued by the competent authority where the economic operator is enlisted. The Public Revenue Office is the competent authority in The Republic of Macedonia for issuing these certificates.

7.1.4. The certificate from indent 7 is hereby issued by the competent authority where the economic operator is enlisted. The Central Registry of The Republic of Macedonia is the authority in charge of issuing these certificates.

7.1.5. In the case when the economic operator's country does not issue the aforementioned documents, the economic operator itself may submit an authority's certified statement.

7.1.6. In the case of a group of economic operators, each of them certifies its personal state individually.

7.1.7. According to Article 102, paragraph 4 from the Law on public procurements, the bidder do not have to submit the aforementioned documents as an attachment to the offer he/she made, standing as a proof of his/her personal state. In this case the bidder shall submit a statement, attached in this tender documentation, standing as a legitimate proof that he/she meets the criteria envisaged. The commission shall request the full documentation solely from the bidder whose offer it considers the most suitable. The commission shall accept offers arriving after the last day of submittance, but not later than the day when the decision for the best offer shall be passed.

7.2. The bidder shall prove its competence for professional practice by submitting a document for registered professional practice standing as a proof of his/her existence as a physical person or a legal entity competent in the field of the public procurement's subject of procedure in accordance with the regulations of its registered country. The Central Registry of The Republic of Macedonia is the authority competent for issuance of this certificate (DRD Template).

7.2.1. In the case of a group of economic operators, each of them certifies its personal state individually.

8.3.2 Language used.

The offer, as well as the full correspondence and the documentation needed are to be submitted in Macedonian language.

8.3.3. The offer's price.

8.3.3.1. The bidder lists the total price of every LOT separately in the offer, hereby including all the expenses, discounts, custom's expenses and transport services, with no VAT calculated.

8.3.3.2. The price offered shall include all the elements of every LOT separately.

8.3.4. The offer's currency.

The offer's prices are calculated in MKD. MKD is the currency that shall be used in the offers evaluation.

11.4. The individual prices for every LOT shall be confirmed separately during the e-auction. However, the total amount of the 2 (two) LOT-s shall not surpass the total estimated value of the contract: 500.000,00 MKD (with no VAT included):

— The total estimated amount of the supply contract for LOT 1-rubber entrance bands must not surpass the amount of 200 000 MKD (estimated value) with no VAT calculated and

— The total estimated amount of the supply contract for LOT 1-rubber entrance bands must not surpass the amount of 300 000 MKD (estimated value) with no VAT calculated.

13.4. Detailed information on the electronic auction:

The electronic auction shall be the last phase of the procedure for call of tenders that the contracting authority shall use.

The invitations for auction participation shall be delivered by means of electronics via ESJN to all economic operators that have submitted suitable offers in the first phase, after the conducted full evaluation of the initial offers. The economic operators must be registered in ESJN.

The invitations for auction participation shall be delivered to the economic operator listed in the offer's Template via e-mail.

The following data shall be included in the invitation for auction participation: initial bidding price, i.e the lowest price of the initially submitted offers; the date and time of the auction's start and finish; the interval in which the negative bidding (min and max difference in the prices offered) shall take place.

A separate electronic auction shall be conducted for every single subject of the contract via the electronic system for public procurements (https:/www.e-nabavki.gov.mk).

The subject of the auction for every LOT separately is the total price of the LOT hereby including all the expenses, discounts, custom's expenses and transport services, with no VAT calculated.

The initial bidding price is the lowest one from the suitable offers submitted in the first procedure phase for every LOT individually.

16. Compulsory elements from the public procurements contract.

16.1. Subject of the public procurements contract.

16.1.1. The subject of the contract is equipment supply for the recreational aqua park located within the premises of the Sports Centre Boris Trajkovski-Skopje in the following order:

LOT 1: Rubber entrance bands and

LOT2: Swimming tubes.

16.2. Contract duration.

16.2.1. Time envisaged for performing the supply: 30 (thirty) days counting from the day of the contract conclusion i.e till the day when the subject of the contract is conducted fully.

16.3.Estimated contract value with no VAT calculated: 500 000 MKD

16.3.1 The individual prices for every LOT separately and the total value of each single contract are to be confirmed during the e-auction or in the procedure of submitting the final price. The total price of the 2 (two) LOT-s must not surpass the estimated value of the contract with no VAT calculated: 500.000,00 MKD in the following order:

— The total estimated amount of the supply contract for LOT 1-rubber entrance bands must not surpass the amount of 200 000 MKD (estimated value) with no VAT calculated and

— The total estimated amount of the supply contract for LOT 1-rubber entrance bands must not surpass the amount of 300 000 MKD (estimated value) with no VAT calculated.

The subject of the auction for every LOT separately is the total price of the LOT hereby including all the expenses, discounts, custom's expenses and transport services, with no VAT calculated.

16.3.2. Price correction is not foreseen. The prices from the most suitable offer and achieved during the e-auction or within the procedure of final price submittance shall remain unaltered in the whole duration of the public procurements contract.

16.4 Means and time envisaged for delivery

The public procurements holder is obliged to deliver the equipment for the recreational aqua park located within the premises of the Sports Centre Boris Trajkovski, Skopje in the following order:

LOT 1: Rubber entrance bands and

LOT 2: Swimming tubes.

in 30 (thirty)days from the day of the contract conclusion in the storage place of the Contracting authority, located on Boul. 8-mi Septemvri No.13.

The supply holder is obliged to transport of the contracted goods with its own vehicles.

The contracting authority is hereby obliged to fill in a receipt, prepared by the supply holder, standing as an admission of goods confirmation in the storage place of the Sports Centre Boris TrajkovskI, Skopje.

The two representatives of the contracting authority shall sign their full names and surnames on the receipt.

16.5. Means of payment.

16.5.1. The contracting authority is hereby obliged to pay the supplies received after their reception by means of payment order for every individual LOT, after it has received the invoice made according to the pay order signed by the two parties in due time of 15 (fifteen) days from the day of the invoice reception within the premises of the Contracting authority's archive and on the bank account which shall be additionally discussed. The supply shall be additionally informed about the account and the bank of the contracting authority.

As a day of delivery will be considered the day written in the document which follows the goods- receipt prepared by the supply holder with entry of the personal data (full name and surname) from both signatory parties of the receipt.

16.5.2. Advance payment.

Advance payment is not allowed for performance of a contract.

16.5.3. Invoice preparation and submission.

During the invoice preparation, the supply holder is obliged to state the following elements:

— Name of the contracting authority, place, office, tax number;

— Number and date of the contract;

— quantity and description of the equipment;

— calculation of VAT;

— total price for payment per invoice and

— currency

— Remark:

In accordance with the Decision of the lowest denomination of the denars in the payment operations adopted by the National Bank of the Republic of Macedonia (registered with O. No. 02-15/V-2/2012 on 26.4.2012) and the Decision for withdrawal of 50 deni denomination coins from circulation made by the National Bank of the Republic of Macedonia (registered with O. No. 02-15/V-3/2012 on 26.4.2012) both of them published in the ‘Official Gazette of the Republic of Macedonia’ No. 54/12, starting from 1.1.2013, the coins in denomination from 50 deni are withdrawn from circulation and cease to be legal payment means. In accordance with this, the lowest denomination of the denars in circulation with which the last calculation in the cash and non-cash calculation and in the business book is completed is in the amount of 1 denar.

The bidder is obliged in case of calculation of the separate prices in the total amount of the invoice to appear amounts that are in bracket to one denar, to round up so that the amount of 49 deni will be omitted, and the amount from 50 to 99 deni will be rounded up.

16.7 Quantitative and qualitative control.

The supply holder is obliged to deliver all of the items of the equipment for the recreational aqua park which is located in the complex of the Sports Center Boris Trajkovski in Skopje in accordance with the determined quality of the declared manufacturers of the products.

Quantitative and qualitative receipt of the equipment for the recreational aqua park which is located in the complex of the Sports Center Boris Trajkovski in Skopje, is made by the Contracting authority, with signing of a document (receipt) and it should be signed by the both sides with entering personal data (full name and surname) of both signatory parties, otherwise it is considered that the delivery is not executed.

If the supply holder delivers equipment for the recreational aqua park which is located in the complex of the Sports Center Boris Trajkovski in Skopje with lower quality or other type, the contracting authority will not accept it and it will be returned on the burden of the supply holder.

16.8. Rresponsibility of the material deficiencies

16.8.1. Material deficiency exists:

— If the equipment for the recreational aqua park which is located in the complex of the Sports Center Boris Trajkovski in Skopje does not have the characteristics required for regular use or for circulation;

— If the equipment for the recreational aqua park which is located in the complex of the Sports Center Boris Trajkovski in Skopje does not have the characteristics required for the special use for which the contracting authority has purchased it, and which was known to the contracting authority or it had to be known;

— If the equipment for the recreational aqua park which is located in the complex of the Sports Center Boris Trajkovski in Skopje does not have the characteristics and features that have been expressly agreed upon.

— When the Supply holder has delivered equipment for the recreational aqua park which is located in the complex of the Sports Center Boris Trajkovski in Skopje which is not in compliance with the technical specifications adopted by him.

16.8.2. The contracting authority is obliged to examine the received equipment for the recreational aqua park which is located in the complex of the Sports Center Boris Trajkovski in Skopje in the usual way or to give it on examination, when that is possible according to the regular flow of operations and to inform the Supply holder about this within eight days.

When the examination is performed in the presence of the both sides, the Contracting authority is obliged immediately to inform the Supply holder about his remarks due to the visible deficiencies, otherwise he will lose the right that belongs to him on that basis.

16.8.3. When after the receipt of the equipment for the recreational aqua park which is located in the complex of the Sports Center Boris Trajkovski in Skopje, the Contracting authority will indicate that the equipment has some kind of a deficiency which cannot be discovered with the usual examination during the takeover (hidden deficiency), the Contracting authority is obliged to inform the Supply holder for that deficiency within eight days, counting from the day he discovered the deficiency.

16.8.4. When due to other, a delivery of other equipment for the recreational aqua park which is located in the complex of the Sports Center Boris Trajkovski in Skopje has been made; the deadlines begin to run from the delivery of other equipment.

16.8.5. In the report for the deficiency of the equipment for the recreational aqua park which is located in the complex of the Sports Center Boris Trajkovski in Skopje, the Contracting authority is obliged to describe the deficiency in details and to call the Supply holder to examine the equipment.

If the report for the deficiency which the Contracting authority has sent it on time to the Supply holder by registered letter, telegram or by other secure way is late or has not arrived yet, it is considered that the Contracting authority has fulfilled his obligation to inform the Supply holder.

16.8.6. The contracting parties can restrict or they can totally restrict the obligation of the Supply holder for the material insufficiencies of the equipment for the recreational aqua park which is located in the complex of the Sports Center Boris Trajkovski in Skopje.

The provision of the contract for restriction or elimination of the responsibility for the insufficiencies of the equipment for the recreational aqua park which is located in the complex of the Sports Center Boris TrajkovskI in Skopje is annulled, if the insufficiency has been familiar to the Supply holder, and he has not informed the contracting authority.

The contracting authority has withdrawn from the right to terminate the contract due to the deficiencies of the equipment for the recreational aqua park which is located in the complex of the Sports Center Boris Trajkovski in Skopje, and holds the other rights due to the deficiencies.

16.9. Bank warranty for proper contract performance

16.9.1. According to Article 48 from the Law on Public Procurement (‘Official Gazette of The Republic of Macedonia’ No. 27/15, 78/15, 192/15 and 27/16), the Contracting authority requests the bidder with the best offer to provide a proper contract performance guarantee in the form of a bank warranty.

16.9.2. The amount provided by the guarantee for proper contract performance depends on the amount of the estimated value of every LOT separately, calculating 10 % from the total estimated value of the public procurement contract.

16.9.3. The guarantee for proper contract performance should be valid until the complete performance of the public procurement contract.

16.9.4. The guarantee for proper contract performance shall be returned to the supply holder within the period of 14 days from the day of complete realization of the public procurement contract.

16.9.5. If the time for finalization of the public procurement contract is continued or its value is increased, the supply holder should continue the validity and the value of the guarantee for proper contract performance accordingly.

16.9.6. If the guarantee is to be used, the contracting authority delivers a negative reference to ESJN, an act which shall result in excluding the current holder of all future proceedings for allocation of public procurement contracts within a year time span from the moment of announcing the first negative reference, for which the bidder shall be duly informed. For every other negative reference, the exclusion period is to be prolonged for another additional year, but it cannot exceed five years.

16.9.7. The supply holder can start a court procedure in such case as in 16.9.6.

16.9.8. The ban for participation in the public procurement procedures is also applicable to the economic operators group where the economic operator with a negative reference is being member, as well as to the company with a economic operator that also has a negative reference.

16.9.9. The negative reference mentioned in paragraph 16.9.6. from this part of the tender documentation is announced in a 3- days- time span beginning the moment of the warranty payment by the contracting authority.

16.10. Conditions on terminating the contract.

The contracting authority can one-sidedly terminate the contract in one of the following cases:

— If the supply holder untimely or improperly conducts its obligations stated in the contract and if such a conduct is not to be corrected within the period of 7 days given after the written warning delivered by the contracting authority and

— If conducted by a personal judgment, given a 30 days dismissing period from the moment of the receipt of the written statement, solely in the case of previously breaching some of this contract's regulations.