Supply of work for reconstruction of PHI General Hospital ‘Kumanovo’ — Kumanovo

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5.3. Explanation of the offers.

5.3.1 In the process of the offers consideration and estimation, the Contracting body can ask from any economic

operator for an explanation for his/ her offer. The requests from the Contracting body for the explanation of

the offer and the answer have to be written on paper. No change in the prices or content of the offer will be

requested, offered or allowed, except to confirm the correction of the arithmetic mistakes discovered by the

Contracting body when evaluating the offers.

5.3.2 Every explanation submitted by the economic operator regarding his / her offer which is not given as an

answer of a request from the Contracting body, will not be considered.

6. Assignation of the Contract for Public Procurement.

6.1 Assignation of the Contract for Public Procurement.

6.1.1 The Contracting body, in the electronic auction as the last phase in the opened procedure, assigns the Contract to the economic operator which offer has the lowest price.

6.1.2 If 2 or more offers have the same price, the best Bidder will be considered the 1 who first submitted the offer.

6.1.3 In nobody submits new price in the course of the electronic auction, while 2 or more offers have identical price, the offer which has been submitted first will be considered as the best offer.

6.1.4 If in the course of the procedure for an assignation of a Contract for Public Procurement, the best

acceptable offer according to the conditions of the procedure is with a price higher than the amount of the

assets determined in the decision for public procurement, the contracting body can change the decision and

provide assets needed for the realization of the Contract, only if the offered price is not less suitable from the

real market prices and not to pass over the valuable threshold stipulated for this type of procedure according to

the Law on Public Procurement.

6.1.5 After the closing of the electronic auction and the selection of best Bidder, if the subject of the procurement

or the separate part is consisted of several items, the price of every separate item will be calculated with an

appropriate reduction which will be equal to the percentage of the price reduction of the preliminary offer of the

best Bidder (before the electronic auction) and the price of the last offer (after the closing of the auction).

6.2 Notification for assignation of the Contract for Public Procurement.

6.2.1 After the performance of the electronic auction on the public part of the EPPS, it is automatically published

a notification about which economic operator submitted the best offer in the course of the negative bidding and

the same is sent to all the participants in the auction. The notification has an informative character and does not

cause legal consequences. The result from the electronic auction is a base for decision making for the selection of the best offer.

6.2.2 The selected best economic operator will receive a notification on paper that his/ her offer is accepted, at

least in a term of 3 days from the decision making for the best offer. At the same time, all the other economic

operators will be informed for the results from the procedure, for the decision regarding the best economic

operator as well as for the reasons for the denial of their offers. The economic operators who participated in the

procedure have a right to see the report from the conducted procedure.

EN Standard form 02 — Contract notice 16 / 22

6.3 Legal protection.

6.3.1 Every economic operator with a legal interest for the assignation of the Contract for Public Procurement

and who suffered or may suffer damage from possible provisions breaking from the Law on Public Procurement,

can ask for public protection against the decisions, the actions and the failures for taking actions by the

Contracting body in the procedure for assignation of a Contract for Public Procurement. The right for appeal in a

procedure which closes with an electronic auction is realized after a decision making for the selection of the best

bidder or cancellation of the procedure.

6.3.2 The appeal should contain the following elements:

— information for the appellant (name, surname, title of the economic operator, residence address and seat);

— information for the representative or the assignee;

— title and seat of the Contracting body;

— number and date of the procedure for assignation of a Contract for Public Procurement and information for the

advertisement for assignation of Contract for Public Procurement;

— number and date of the decision for a selection of the best offer, cancellation of the procedure or other

decisions of the Contracting body;

— the information for the activities or the failures for taking actions by the Contracting body;

— description of the actual situation;

— description of the faults and explanation for the same;

— suggestion for evidences;

— appeal and/ or a request for compensation for damages of the procedure and

— signature by the authorized person.

6.3.3 The appellant is obliged to also enclose an evidence for a paid compensation for the conducting of the procedure.

6.3.4 The appellant without seat on the territory of the Republic of Macedonia is obliged to nominate legal representative for the acceptance of a written documentation.

6.3.5 The appeal is submitted to the State Commission. The appeal is submitted in person or by registered post

to the Contracting body and also to the State Commission. The date of the appeal submission by registered

post is considered to be the date of the submission. In case of a submission in person, the Contracting body is

obliged to issue the appellant a certification for the acceptance time.

6.3.6 In the procedure before the State Commission, the appellant, except for the administrative tax also pays a

compensation for the conducting of the procedure depending on the amount of the offer, as follows:

— up to 20 000 MKD in MKD equivalent, compensation of 100 Euro in MKD equivalent,

— from 20 000 to 100 000 Euro in MKD equivalent, compensation of 20 Euro in MKD equivalent,

— from 100 000 to 200 000 Euro in MKD equivalent, compensation of 300 Euro in MKD equivalent or

— more than 200 000 Euro in MKD equivalent, compensation of 400 Euro in MKD equivalent.

6.3.7 In case when there is no offer, the amount of the compensation for the conducting of the procedure is

estimated according to the estimated value of the Contract for Public Procurement, while the State Commission in forms the appellant for the amount of the compensation and the term to which an evidence for payment should be submitted.

6.3.8 The compensation for the conducting of the procedure is a revenue for the Budget of the Republic of Macedonia.

6.4 Concluding a Contract for Public Procurement.

6.4.1 After the notification to the Bidder for the assignation of the Contract (hereinafter and in the Conditions of

the Contract referred to as ‘Letter of Acceptance’), in term of (7) seven days, the best Bidder should provide a

Bank Guarantee for timely and quality performance of the Agreement according to item 7.3.

6.2.2 The Contracting body will submit the Contract for Public Procurement to the selected best Bidder in 6 copies for signing.

6.2.3 The selected best Bidder has a responsibility to sign the Contract for Public Procurement in term of

(7) days from the date of the receiving of the Contract and to return the same to the Contracting body. The

EN Standard form 02 — Contract notice 17 / 22

Contracting body is responsible to send the selected best Bidder the required number of copies from the

Contract after the same will be written by an authorized person of the Contracting body.

6.2.4 If the selected best Bidder does not sign the Contract in term determined in item 6.4.3 from the tender

documentation, the Contracting body preserves the right to consider that the selected best Bidder has given up

to sign the Contract and to activate the guarantee of the offer.