‘Supervision of the works for the construction of the dam Rechani’ for the needs of the Department of Water Management at the Ministry of Agriculture, Forestry and Water Management | Ministry of agricuture, forestry and water economy of the Republic of Macedonia

‘Supervision of the works for the construction of the dam Rechani’ for the needs of the Department of Water Management at the Ministry of Agriculture, Forestry and Water Management.

Датум	Документ
2016-12-30	Оглас за договор
2017-05-18	Оглас за доделување договор

The tender document are available on the web site www.e-nabavki.gov.mk (05-9994/2016).

2.2 Personal condition.

2.2.1 The contracting authority shall exclude any economic operator from the proceedings for awarding a public contract in the following cases:

— it has been rendered a verdict for participation in a criminal organization, corruption, fraud or money laundering in the last 5 years;

— it is in bankruptcy or liquidation proceedings;

— it has unpaid taxes and other public charges, unless the economic operator is authorized to make deferred payment of taxes, contributions and other public duties in accordance with relevant regulations and if he is regular payer;

— it has been sentenced with a minor penalty: ban to participate in public tender procedures, awarding contracts and agreements for public-private partnership;

— it has been sentenced with a minor penalty for temporary or permanent prohibition to perform a specific activity;

— prohibition sanction to perform professional activity or duty is pronounced to the economic operator, i.e. temporary prohibition for performing professional activity; and

— it provides false information or fails to submit the information requested by the contracting authority.

2.2.2 In order to prove its personal condition, the economic operator shall submit the following documents:

— a declaration by the economic operator that he was not rendered a verdict for participation in a criminal organization, corruption, fraud or money laundering in the last 5 years;

— confirmation that there are no bankruptcy proceedings undertaken by the competent authority;

— confirmation that there is no liquidation procedure undertaken by the competent authority;

— receipt for paid taxes, contributions and other public duties by the competent authority of the country where the economic operator is established;

— certificate from the Registry of penalties for crimes committed by legal persons that minor penalty…

… — ban to participate in public tender procedures, awarding contracts and agreements for public-private partnership — has not been imposed;

… for temporary or permanent prohibition of a specific activity has not been imposed;

— confirmation that the final sentence has not been imposed as a crime sanction that prohibits performing professional activity or duty, i.e. temporary prohibition for performing specific activity.

2.3 Ability to perform professional activity.

2.3.1 In order to demonstrate the ability to perform professional activity, the economic operator should submit a document for registered activity, that it is registered as a natural or legal entity for conducting activities related to the subject of the contract for public procurement, or proof that it belongs to a professional association in accordance with the regulations of the country in which it is registered.

Pursuant to article 148 paragraph 2 of the Law on Public Procurements, upon determining the ability of economic operators to perform their professional activity, the contracting body shall also request a proof issued by an authorized body that they fulfil the special conditions for performing of their activities that are prescribed by law, which refer to the subject of the contract, and in this specific case that is: License A for supervision.

A foreign legal entity needs to obtain a certificate for the performance of the works that are subject to the public procurement, i.e., to supervise first-category constructions, issued by the state administration responsible for the affairs of spatial management — Department for Transport and Communications, in accordance with the Law on Construction.

2.4.1 In order to qualify as capable of performing the contract for procurement from the aspect of its economic and financial situation, the economic operator must meet the following minimum requirements:

— to have a positive financial performance on annual level for the last 3 years.

2.4.2 If the economic operator has been performing the activity for a period shorter than 3 years, the minimum requirement necessary to determine the economic and financial status is for the economic operator to have fulfilled the turnover under sub-item 2.4.1 for the years for which such data is available.

2.4.3 The economic operator shall prove the fulfilment of the minimum requirements stipulated in item 2.4.1 or 2.4.2 by submitting the following:

— A statement from the total turnover of the company (data from the income statement issued by the competent authority, i.e. audited income statement) and, where appropriate, from the turnover in the area covered by the public procurement contract for the last 3 financial years for which such data are available, depending on the date on which the undertaking was set up or the work commenced, and depending on the availability of such information.

2.4.4 If the balance sheet and income statement have been subject to commercial audit, the economic operator may submit them as evidence that he meets the minimum requirement for determining the economic and financial situation without being certified additionally by a competent authority.

2.4.5 If the balance sheet and income statement have not been subject to commercial audit, the economic operator shall submit them verified, i.e., issued by a competent authority as proof that he meets the minimum requirement for determining the economic and financial situation. The competent authority in the Republic of Macedonia is the Central Registry of the Republic of Macedonia.

2.4.6 The economic and financial capacity of the economic operator may be supported by another entity regardless of the legal relations between the economic operator and that entity except in cases of data from the income statement. If the economic operator proves his economic and financial capacity referring to the support of another entity, he is obliged to prove the support with valid evidence that said entity will make available to the economic operator the relevant finances. The entity providing the financial support must not be rendered a verdict for participation in a criminal organization, corruption, fraud or money laundering.

2.4.7 If economic operators submit a bid as a group of economic operators, the economic and financial condition is established by considering the resources of all group members. If the group of economic operators participates with financial support from a third entity, the economic and financial status is determined according to the above mentioned.