Procurement Record Identification Number: 006/15-LNG

Transcription

1 LNG Hrvatska d.o.o. Savska cesta 88a, Zagreb Tel.: Fax.: info@lng.hr REQUEST TO TENDER Subject of procurement: PREPARATION OF THE DESIGN AND PERMITTING DOCUMENTATION FOR THE CONSTRUCTION OF THE KRK LNG TERMINAL AND CONSULTING SERVICES RELATING TO OBTAINING OF ALL NECESSARY PERMITS AND APPROVALS: FEED PREPARATION AND MAIN DESIGN PREPARATION FOR KRK LNG TERMINAL AND OBTAINING OF CONSTRUCTION PERMIT AND LNG TERMINAL POWER SUPPLY SYSTEM DOCUMENTATION Procurement Record Identification Number: 006/15-LNG Zagreb, 3 rd April DISCLAIMER: This is an unofficial version of the Tender documentation in the English language. The only valid Tender documentation is the Tender documentation in the Croatian language 1

2 CONTENTS: I. GENERAL DETAILS... 4 (1) The Client s Details... 4 (2) Details of the Business Entities Communication Contact... 4 (3) Amendments to the Tender Documentation... 4 (4) Explanation of Documentation and Additional Information... 4 (5) A List of Business Entities with which the Client has a Conflict of Interest..5 (6) Type of Procurement... 5 II. SUBJECT MATTER OF THE PROCUREMENT... 5 (7) Description of the Procurement Subject Matter... 5 (8) Type of Procurement Contract... 5 (9) Scope of the Procurement Subject Matter... 5 (10) Location of Service Provision... 6 (11) Start and End of Service... 6 III. REASONS FOR EXCLUSION OF A BIDDER 7 (12) Mandatory Reasons for Exclusion of a Bidder from the Procurement Procedure 7 (13) Other Reasons for Exclusion of a Bidder from the Procurement Procedure... 9 IV. BIDDER S CAPACITY REQUIREMENTS (14) Requirements for Legal and Business Capacity (15) Requirements for Financial Capacity (16) Requirements for Technical and Professional Capacity (17) Rules for Document Submission V. BID DETAILS (18) Method of Bid Delivery (19) Bid Content (20) Method of Bid Preparation (21) Bid Price (22) Bid Selection Criteria (23) Language and Script of the Bid (24) Bid Validity VI. OTHER PROVISIONS (25) Provisions Relating to Sub-Contractors (Annex IIB.) (26) Provisions Relating to the Association of Bidders (Annex IIA.) (27) Type, Instrument and Conditions of Guarantee (28) Term, Method and Conditions of Payment (29) Date, Time and Location of Bid Submission (30) Method of Bids Review and Evaluation (31) Reasons for Rejection (32) Selection and Cancellation Decision Proceedures (33) Other and Special Conditions of Contract Execution (34) Legal Remedy (35) Other Important Conditions

3 ANNEX I THE BID FORM ANNEX IIA DETAILS OF THE ASSOCIATION OF BIDDERS (integral part of the Bid Form) 31 ANNEX IIB DETAILS OF SUB-CONTRACTORS (integral part of the BID FORM AND THE Contract) 34 ANNEX III TECHNICAL DOCUMENTATION ANNEX IV STATEMENT FORM ANNEX V BID BOND FORM ANNEX VI CONTRACT PERFORMANCE GUARANTEE 78 ANNEX VII STATEMENT ON AGREEING WITH GENERAL AND SPECIAL CONDITIONS ANNEX VIII INTEGRITY STATEMENT IX. DRAFT CONTRACT X. SELECTION CRITERIA FOR THE ECONOMICALLY MOST FAVOURABLE BID XI. LIST OF CONTRACTS XII. RECORD ABOUT VISITING LNG HRVATSKA d.o.o. COMPANY

4 I. GENERAL DETAILS (1) The Client s Details Name: LNG Hrvatska d.o.o. Seat: Savska cesta 88a, Zagreb Registration number of the Principal: Croatian Individual Identification Number (OIB): VAT ID: HR Telephone: Fax: Website: (2) Details of the Client Communication Contact Contact Person: Mladen Antunović Address: Savska cesta 88a, Zagreb Telephone: Fax: info@lng.hr (3) Amendments to the Tender Documentation The Client may, at any time and no later than 5 (five) days prior to the expiry of the deadline for the submission of bids, for any reason, that is, on their own initiative or as a response to the request by the economic subject which took over the Tender documentation (hereinafter referred to as the TD) if the request for clarification is submitted in accordance with item (4) of this TD, modify the TD, and where necessary extend the deadline for submitting the bids. (4) Clarification of Documentation and Additional Information If necessary, the business entities may require from the Client to clarify and make changes relating to the TD in a document designated as Clarification of Documentation Procurement Record Identification Number 006/15-LNG. If such request has been submitted in due time, the Client shall make the reply available online, on the website of the Client, not later that on the fourth day prior to the Bid submission deadline expiry. The request is submitted in due time if it is submitted to the Client at least 6 days before the day of bid submission expiry date. Not any Bidder shall contact the Client in relation to any issue referring to the Bid in the period from opening of the Bids to the selection of the most favourable Bidder, unless requested to do so by the Client. Any attempt by the Bidder to impose influence on the Client in relation to the evaluation of Bids, comparison of Bids and the decision on the selection of the most favourable Bidder shall result in a refusal of the Bid. 4

5 (5) List of Business Entities with which the Client is in Conflict of Interest There are no business entities with which the Client has a conflict of interest. (6) Type of Procurement The Client is not subject to the Republic of Croatia Public Procurement Act (OG 90/11, 83/13, 143/13 and 13/14) nor is obliged to implement the Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (OJ L 134, ) or Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ L 134, ). The Client conducts an open tendering procedure in accordance with conditions of this Tender Documentation in which any interested business entity may submit its tender, while the tender selection criterion is the economically most favourable tender. II. DETAILS OF THE SUBJECT OF PROCUREMENT (7) Description The subject of procurement are the services of PREPARATION OF THE DESIGN AND PERMITTING DOCUMENTATION FOR THE CONSTRUCTION OF THE KRK LNG TERMINAL AND CONSULTING SERVICES RELATING TO OBTAINING OF ALL NECESSARY PERMITS AND APPROVALS: FEED PREPARATION AND MAIN DESIGN PREPARATION FOR KRK LNG TERMINAL AND OBTAINING OF CONSTRUCTION PERMIT AND LNG TERMINAL POWER SUPPLY SYSTEM DOCUMENTATION (8) Type and estimated value of Contract A Service Contract. The estimated value of procurement totals HRK 57,000, (fiftysevenmilion Croatian kunas) without VAT. (9) Scope of Procurement The scope of the procurement has been detailed in the Project Task which is an integral part of this Tender Documentation, see Annex III Technical Documentation. In order to be fully familiarised with the subject-matter of procurement, an interested business entity that has taken over the TD, may visit the Client LNG 5

6 Hrvatska d.o.o., in order to inspect the documentation that may be necessary for preparation of the Bid. Any costs of the visit shall be borne by the interested business entities. The Client shall provide each interested business entity that has taken over the TD with the access to the following documentation: Conceptual Design, Feasibility Study, Study on Market Assessment, Assessment of Social Impacts, Environmental Impact Study and Preliminary Design for obtaining the location permit for Krk LNG Terminal. All the aforementioned documentation shall be the basis for FEED and Main Design preparation, which will be delivered to the selected business entity as the input documents after signing the Contract. Such visit by the business entities shall be announced through the address, fax or stated in Item I. (2) of the tender documentation, not later than three (3) days prior to the desired date of visit. The Client shall provide the Business Entity, its staff and representative with the authorisation to visit and agree on a date of visit according to available dates. The visit shall be recorded on a form which is included in the TD (Annex XII), in two copies, one for the Client and one for the Bidder. (10) Location of the Service Provision The service shall be provided on the premises/site of the Service Provider and, if applicable, on locations determined by the Client and resulting in a successful execution of the Subject Matter of procurement. (11) Start and End of Service The Service shall start on the day of the signing of the Contract. Termination deadlines for activities stated in the Project Task provided in Annex III - Technical Documentation have been determined in Table 1 - Service Deadlines, added as a schedule to the Project Task. During preparation of the Documentation, certain parts shall be presented to the Client upon the Client s request with the aim of define status of documentation preparation (time schedule) and to present technical details and technical solutions of LNG terminal and sub systems. III. REASONS FOR EXCLUSION OF A BIDDER (12) Mandatory Reasons for Exclusion of the Bidder from the Procurement Procedure The Client shall exclude a Bidder from the Public Procurement Procedure if: The Business Entity or the legal representative of the Business Entity has been 6

7 validly convicted for any of the criminal acts below or corresponding acts stipulated by legislation of the Business Entity s country of seat or of the country which the Business Entity s legal representative is the citizen of: a) Fraud (Article 236), fraud in business activities (Article 247), accepting bribes in business activities (Article 252), giving bribes in business activities (Article 253), malfeasance of public procurement procedures (Article 254), nonpayment of taxes or duties (Article 256), subsidy fraud (Article 258), money laundering (Article 265), abuse of title and powers (Article 291), illegal intercession (Article 292), accepting bribes (Article 293), offering bribes (Article 294), trading in influence (Article 295), giving bribes for trading in influence (Article 296), associating for the purpose of perpetrating criminal offences (Article 328) and conspiracy to associate for the purpose of perpetrating criminal offences (Article 329) of the Criminal Code, b) Fraud (Article 224), money laundering (Article 279), fraud in business activities (Article 293), accepting bribes in business activities (Article 294.a), giving bribes in business activities (Article 294.b), (Article 333), (Article 337), (Article 338), (Article 343), accepting bribes (Article 347) and giving bribes (Article 348) of the Criminal Code ( Official Gazette No. 110/97, 27/98, 50/00, 129/00, 51/01, 11/03, 190/03, 105/04, 84/05, 71/06, 110/07, 152/08, 57/11, 77/11 and 143/12). In order to determine the circumstances stated in Item 12.1., the Business Entity s Bid shall include a relevant Statement. The Statement shall be given by the Business Entity s legal representative (ANNEX IV). The Statement shall not be older than 3 (three) months from the start date of the procurement procedure. In order to verify circumstances stated in Item 12.1., during the procurement procedure the Client may require from the competent criminal record authorities in charge of exchanging such information with other countries, to issue a statement confirming facts on any Bidder or the Bidder s legal representative which are kept in their official records. If the Bidder cannot obtain such a Statement, in order to verify circumstances stated in 12.1., the Client may request from the Bidder to submit, in due time: 1. A valid document issued by the competent authority in charge of criminal records in the country of the Business Entity s seat or the country which the legal representative is the citizen of, or 2. Any equally valid document issued by the competent court or administrative authority in the country of the Business Entity s seat or country which the legal representative is the citizen of, if the document stated under Item 1. of this Paragraph cannot be obtained, or 3. An affidavit or equal statement by the Business Entity s legal representative given before a competent court or administrative authority or a notary or a competent professional or commercial body in the country of Business 7

8 Entity s seat or the country which the legal representative is the citizen of or a statement bearing a notarised signature, if documents stated in Item 1. and 2. of this Paragraph are not issued in the country of the Business Entity s seat or country which the legal representative is the citizen of or if they do not include all criminal acts stated in Item It has not duly paid all due taxes, health insurance and social security contributions, unless special law prevents it from paying these liabilities. In order to verify circumstances stated in Item 12.2, the Business Entity s Bid shall include: a) Confirmation by the tax administration on the state of debt not older than 30 days as of the start date of the procurement procedure or b) An equally valid document issued by the competent authority in the Business Entity s country of seat if confirmation stated in Item a. of this Paragraph is not issued, or c) An affidavit or equal statement given by the Business Entity s legal representative before a competent court or administrative authority or a notary or competent professional or commercial body in the country of Business Entity s seat or a statement bearing a notarised signature which is no older than 30 days as of the start date of the procurement procedure, if the statement stated in Item a. or an equally valid document stated in Item b. of this Paragraph is not issued It has submitted false details in documents with which it, as a Tenderer of a Bidder, provides evidence that there are no reasons for its exclusion or that it meets all the capacity conditions stipulation execution of the subject matter of procurement. In any case of doubt regarding authenticity of details provided in the documents submitted and statements provided by business entities, the Client can contact the competent authorities to collect information on the entities status. Furthermore, for a Business Entity whose registered seat is in another country, the Client can request assistance from competent authorities. For an Association of Bidders, circumstances from Items 12.1., and of this Article shall be determined individually for each member of the Association. If the economic operator intends to subcontract a part of the public procurement contract with one or more subcontractors, the circumstances referred to in this paragraph shall be established for all subcontractors separately, and the documents proving no reason for exclusion shall be submitted for each subcontractor in the tender. (13) Other Reasons for Exclusion of a Bidder from the Procurement Procedure The Client shall exclude a Bidder from the procurement procedure if: 8

9 13.1. If the subcontractor is bankrupt, or is being wound up, where its affairs are being administered by a person designated by the competent court, where it has entered into arrangement with creditors (before bankruptcy settlement), where it has suspended its business activities, or is in a similar procedure under the national regulations of the country in which the economic operator is established A preliminary procedure has been initiated to determine conditions for official initiation of a bankruptcy procedure or a liquidation procedure, or a court procedure relating to appointment of a manager, or a negotiation procedure with creditors or any similar procedure stipulated by national regulations of the country of the Business Entity s seat In order to determine circumstances stated in Items and 13.2., the Bid shall include: 1. An excerpt from a court, trade or other suitable registry of the country of business entity s seat, no older than 3 months from the start date of the procurement procedure, or 2. An equally valid document issued by the competent court or administrative body in the country of the Business Entity s seat, if the excerpt stated in Item 1 of this Paragraph is not issued or if such excerpt does not contain all the details necessary to determine these circumstances, or 3. An affidavit or equal statement given by the Business Entity s legal representative before a competent court or administrative authority or a notary or competent professional or commercial body in the country of Business Entity s seat or a statement bearing a notarised signature which is not older than 3 months as of the start date of the procurement procedure, if the excerpt stated in Item 1 of this Paragraph is not issued in the country of Business Entity s seat or if such the document stated in Item 2 of this Paragraph does not contain all the details necessary to determine these circumstances The Business Entity committed a severe professional transgression which the Client can prove in any way. A severe professional transgression means acting of the Business Entity during performance of its business activities which is contrary to the relevant regulations, collective agreements, rules of practice or concluded contracts, whose nature is such that they make the Business Entity unsuitable and unreliable contracting party in the contract which the Client intends to conclude. A severe professional transgression during the execution of the Contract means an act by the Business Entity which results in significant and/or repeated failures during the execution of the contract key requirements leading to early termination of the contract, damage or other similar consequences. The Client shall prove the existence of such a severe professional transgression following an objective assessment of circumstances related to each individual case. 9

10 For an Association of Bidders, circumstances from Items 13.1., and of this Article shall be determined for all members of the Association individually and the documents evidencing absence of reasons for exclusion shall be submitted for each of the Association members individually. If the economic operator intends to subcontract a part of the public procurement contract with one or more subcontractors, the circumstances referred to in this paragraph shall be established for all subcontractors separately, and the documents proving no reason for exclusion shall be submitted for each subcontractor in the tender. IV. BIDDER S CAPACITY REQUIREMENTS (14) Requirements for Legal and Business Capacity In this procurement process the Bidder shall prove the following: Record in a court, crafts, occupational or other adequate register of the country of the seat The Bidder shall prove they are registered for performing activities in relation to the procurement subject in a court, crafts, occupational or other adequate register of the country of the seat and submit the following for this purpose: a) an adequate excerpt or b) if the document under a) is not issued in the country of the seat of the Bidder, a Statement before the competent judicial or administrative authority or a public notary or the competent occupational or commercial authority in the country of the seat of the Bidder The excerpt or the Statement shall not be older than three (3) months, counting from the day of the commencement of this procurement process. If the Bidder in the country of their seat must have certain authorization or be a member of a certain organization in order to complete a contract or part of it, the Bidder shall prove the possession of a valid authorization or membership for themselves and/or a subcontractor and submit a certificate of an occupational association/chamber or an adequate document of the country of the seat. In case of a bid by a consortium, all members shall prove their capacity under this item individually. (15) Requirements for Financial Capacity 15.1 SOL-2 form issued by the bank, in which the Bidder has an account, and the corresponding document of the country of the seat of the Bidder, by which the Bidder has to prove that in the last 180 days, counting from the date of commencement of the procurement procedure, its account has not been frozen for more than 15 days. This evidence of the Bidder s financial capacity enables analysis of the Bidder s financial 10

11 activities and if they are satisfactory the risk of financial insolvency and the resulting failure to fulfil its contractual liabilities is decreased. In case of a consortium, the circumstances referred to in item shall be established for all members of a consortium separately, and documents which prove the ability under 15.1 must be submitted for each member of a consortium. If the Bidder subcontracts a part of the Contract to one or more subcontractors, the circumstances in this paragraph shall be determined individually for subcontractors as well. The documents evidencing that subcontractors meet the requirement of 15.1 must be delivered in the Bid The Profit and Loss Account, that is, adequate financial statements of the country of seat with a report by an authorized auditor for the last two available financial years. The Bidder shall meet the requirement that its total turnover (total revenue) in each of the last two available years is double than the total price of the Bid at a minimum (excl. VAT). In case of a consortium, the circumstance referred to in item 15.2 has to be proved jointly (cumulatively) Evidence of Professional Liability Insurance The required proof shall be submitted by the Tenderer in a form of insurance certificate addressed to the contracting entity, by which the insurer, by indicating number of policy, type and period of insurance, limits, franchises and terms of insurance, confirms that the Tenderer concluded the liability insurance policy regarding the activity that includes provision of requested services in amount of at least HRK 1,000, (in words: one million kunas) per each insured event. Prior to expiry of liability insurance policy, the Tenderer is obliged to submit to contracting entity new insurance certificate addressed to the contracting entity with all elements requested by the contracting entity. Otherwise, the contracting entity is entitled to terminate the contract and to reimburse the Performance Security in case of breach of contractual obligations. (16) Requirements for Technical and Professional Capacity: List of Significant Service Contracts A Bidder may rely on the capacities of other business entities, which are in the status of the subcontractor, where appropriate and for particular contracts from item 16.1., and for contracts from the selection criteria of most economically favourable tender in Annex X of this TD. Under the same conditions, a consortium may rely on the capacities of the members of the consortium or subcontractors. The Bidder shall submit a list of service contracts, completed throughout the year in which the public procurement procedure started and during 11

12 three (3) years preceding that year. The list of service contracts shall comprise the amount and date of service delivery and the name of the other contracting party. a) If the other party is the contracting entity (Client) within the meaning of the Public Procurement Act of Republic of Croatia (NG 90/11, 83/13, 143/13 i 13/14), the list shall include or hold in attachment as a proof of due performance a certificate issued or signed by the contracting entity. b) If the other party is a private subject, the list shall include or hold in attachment as a proof of due performance a certificate issued by that subject and if there is no such certificate a statement made by the economic operator shall suffice along with the proof that the certificate has been requested. Example of List of contracts is offered in the Form in Annex XI of this TD. With these certificates the tenderer shall prove that in the period referred above it has duly performed at least one (1) contract for preparation of FEED and other design documentation for LNG Terminal which consists of the following services: - development and preparation of the FEED of LNG Regasification Terminals with minimum capacity of 5 billion m 3 / year with LNG stationary tanks (capacity of tank needs to be of minimum of m 3 ) - development and preparation of the FEED of LNG Truck Loading stations or LNG ship bunkering facilities - development and preparation of the Conceptual or Main Design in accordance with Croatian Law on Spatial Planning or Construction Law for high pressure gas systems (HP gas pipelines with pressure higher than 50 bar) Indication on Specialized Experts or Technical Departments Involved in the Contract, Regardless of whether they belong to the Business Entity or not A Bidder may rely on the capacities of other business entities, regardless of the legal nature of their mutual relations, where appropriate and for particular specialized experts/engineers/designers from item and for specialized experts/engineers/designers from the criteria for the economically most favourable Bid form Annex X of this TD. In this case, the Bidder must prove to the Client that it will have at its disposal the necessary resources, for example, by accepting the obligations of other entities for this purpose. Under the same conditions, a consortium may rely on the capacities of members of a consortium or other entities. The Bidder has to have at its disposal a sufficient number of 12

13 experts/specialists of adequate qualifications. The Bidder (legal representative) shall sign and certify by seal a Statement about its technical experts/specialists who possess professional capacity, competence and experience which will be made available for the execution and quality control of the services concerned, specifically as a minimum: 5 university graduated mechanical or technology engineers M.Eng.Mech/techn., with minimum of 10 years working experience in similar contract for preparation of FEED and other design documentation for LNG Terminals 5 university graduated mechanical engineers M.Eng.Mech., with authorization from the Croatian Chamber of Mechanical Engineers and with minimum of 10 years working experience at preparation of design documentation for high pressure gas systems or LNG terminals (basic, main or detailed design). At least 2 of nominated professionals shall submit their certificates of completed training in anti-explosive protection issued by a competent authority licensed in the country of the Business Entity s seat. It shall enclose a document on the membership in the Croatian Chamber of Mechanical Engineers (registration in the Directory of Certified Engineers) in compliance with the Construction Act (OG 153/13) and the Act on Architectural and Engineering Activities in Spatial Planning and Construction (OG 152/08, 124/09, 49/11, 25/13), Act of Croatian Chamber of Architects and Engineers (OG 47/98), Statute of the Croatian Chamber of Mechanical Engineers and other Croatian legislation. 3 University graduated civil engineers M.Eng.Civil., with minimum of 10 years working experience in similar contract for preparation of FEED and other design documentation for the LNG Terminal 5 university graduated civil engineers M.Eng.Civil., with authorization from the Croatian chamber of Civil Engineers and with minimum of 10 years working experience at preparation of design documentation for high pressure gas systems or LNG terminals (basic, main or detailed design) It shall enclose a document on the membership in the Croatian Chamber of Civil Engineers (registration in the Directory of Certified Engineers) in compliance with the Construction Act (OG 153/13) and the Act on Architectural and Engineering Activities in Spatial Planning and Construction (OG 152/08, 124/09, 49/11, 25/13), the Act of Croatian 13

14 Chamber of Architects and Engineers (OG 47/98), the Statute of the Croatian Chamber of Civil Engineers and other Croatian legislation. 3 University graduated electrical engineers M.Eng.Electr., with minimum of 10 years working experience in similar contract for preparation of FEED and other design documentation for LNG Terminal 5 University graduated electrical engineers M.Eng.Electr., with authorization from the Croatian chamber of Electrical Engineers and with minimum of 10 years working experience at preparation of design documentation for high pressure gas systems or LNG terminals (basic, main or detailed design). At least 2 nominated professionals shall submit their certificates of completed training in anti-explosive protection issued by a competent authority licensed in the country of the Business Entity s seat. It shall enclose a document on the membership in the Croatian Chamber of Electrical Engineers (registration in the Directory of Certified Engineers) in compliance with the Construction Act (OG 153/13) and the Act on Architectural and Engineering Activities in Spatial Planning and Construction (OG 152/08, 124/09, 49/11, 25/13), the Act of Croatian Chamber of Architects and Engineers (OG 47/98), the Statute of the Croatian Chamber of Electrical Engineers and other Croatian legislation. 2 University graduated architectural engineers M.Eng.Arch., with a minimum of 10 years working experience and with authorization from the Croatian Chamber of Architectural Engineers It shall enclose a document on the membership in the Croatian Chamber of Architects (registration in the Directory of Certified Engineers) in compliance with the Construction Act (OG 153/13) and the Act on Architectural and Engineering Activities in Spatial Planning and Construction (OG 152/08, 124/09, 49/11, 25/13), the Act of Croatian Chamber of Architects and Engineers (OG 47/98), the Statute of the Croatian Chamber of Architectural Engineers and other Croatian legislation. 2 University graduated engineers M.Eng., with a minimum of 10 years working experience and with authorization for preparation of Firefighting designs and Firefighting Elaborates from the Croatian Ministry of Internal Affairs A certificate showing a successfully passed professional exam relating to 14

15 the required job and the approval of the Croatian Ministry of Internal Affairs. Academic degrees and degrees of technical specialists under this Paragraph of the Tender Documents shall comply with the Academic and Professional Titles and Academic Degree Act, Official Gazette 107/07 and 118/12. The university degree personnel shall enclose Curricula Vitae which show their experience in the provision of services or execution of projects described above in Therefore, the university degree personnel shall enclose their Curricula Vitae which show individual professional experiences, the sum of which, at the level of the tenderer, unifies all segments of this complex service which is the subject-matter of this public procurement procedure. The specified number of technical specialists in particular disciplines is a necessary condition for the services concerned, which are of a multidisciplinary nature, to be provided with quality and within the time limits defined by the contract, considering the complexity and scope of the entire project Description of Technical Capacity and QA Measures of the Service Provider The Bidder has to provide evidence that he posseses minimum software, certificates and standards by submitting a statement in which it proves its capacity to provide services which are the subject matter of this tender. It shall also submit a photocopy of the required certificates and standards, a photocopy of the required documents coverpage or evidence on possession/availability of capacities /resources of other suitable business entities. The evidence on availability relating to certificates, licenses and software shall include the following: - AutoCAD software package (or equal) - a Min. 25 licences (evidence of this software tool shall be the manufacturer s licence and/or invoice of the tool purchase) - Evidence that the Bidder has been certified for quality management, e.g. in compliance with ISO 9001:2008 or any other equal standard - Evidence that the Bidder has been certified for environmental protection, e.g. in compliance with ISO 14001:2004 or any other equal standard - Evidence that the Bidder has been certified for health and safety protection management e.g. in compliance with BS OHSAS or any other equal standard. The required software, certificates and standards are necessary evidence of a reliable and high quality performance of the services relating to 15

16 preparation of designs for the Client s plant. (17) Rules for Submission of the Documents All documents requested at Chapters III and IV of this Tender can be submitted as an original copy, as a certified photocopy or an uncertified photocopy and has to be in Croatian. An uncertified photocopy shall also mean an uncertified print of a digital document. Any evidence provided in a different language has to be accompanied with a certified translation by a licensed court interpreter for the Croatian language. In any case of doubt regarding the authenticity of details provided in the documents submitted in compliance with Section III and IV of this Tender Documentation, in order to verify authenticity of these details, the Client shall: - Request from the Bidder to submit in due time, the originals or certified photocopies of these documents and/or - Refer to the issuing and/or competent authorities. V. DETAILS OF THE BID (18) Method of Bid Submission The Bidder shall place the bid into one external and two internal envelopes. The external envelope should specify: a) Name and address of the Client to which the bid is to be delivered: LNG HRVATSKA d.o.o Zagreb, Savska cesta 88 A b) Label: Ponuda NE OTVARAJ Usluge izrade projektne i dozvolbene dokumentacije LNG terminal Krk Evidencijski broj nabave: 006/15-LNG c) Name and address of Bidder/Leading Bidder: street, number, postal number, city/place, country In the external envelope two internal envelopes shall be placed, namely: Envelope containing the label: Bid form, Bid guarantee and Contract Envelope containing the label: Evidence on eligibility and technical part of Bid Each internal envelope should also specify the same data as on the external envelope: a) Name and address of the Client to which the bid is to be delivered: LNG HRVATSKA d.o.o Zagreb, Savska cesta 88 A 16

17 b) Label: Ponuda NE OTVARAJ Usluge izrade projektne i dozvolbene dokumentacije LNG terminal Krk Evidencijski broj nabave: 006/15-LNG c) Name and address of Bidder/ Leading Bidder: street, number, postal number, city/place, country If the envelope is not marked as stipulated in this Tender Documentation, the Client shall not be held responsible for any loss or early opening of the Bid. If the Bidder requires any evidence of the receipt from the Client, the Client shall provide it without delay. Any Bids received after the Bid submission deadline shall not be opened and shall be returned to the Bidder unopened. Electronic submission of Bids shall not be allowed. (19) Content of the Bid The envelope marked "Bid form, Bid guarantee and Contract" shall contain: i. A duly filled-in Bid Form which is an integral part of this Tender Documentation completed in compliance with the requirements of this TD, according to Annex I. ii. A bank bid bond in accordance with request of this TD (according to Annex V). iii. Filled and certified contract proposal signed by the authorized person of the Bidder according to Annex IX of this TD, in 6 (six) copies. The envelope marked "Evidence on eligibility and technical part of Bid" shall contain: - The contents of the Bid that will also be the first page of the Bid, which should state all the components of the Bid with marked ordinal number of the page on which they are and in the order specified in the TD - For a Joint Bid, details on the consortium according to the Details on the consortium Form, which is an integral part of this Tender Documentation (Annex IIA). - Details of subcontractors if a part of the Contract is to be subcontracted (Annex IIB) - A statement on accepting general and special conditions, according to the Statement on accepting General and Special Conditions, which is an integral part of this TD (Annex VII). - Documents with which the Bidder proves absence of mandatory reasons for exclusion stated in Section III, item (12) - Documents with which the Bidder proves absence of other reasons for exclusion stated in Section III, item (13) of this TD - Documents with which the Bidder proves that it meets the requirements of legal and business, financial and technical and professional qualifications referred to in Chapter IV, item (14), (15) and (16) of this TD - A signed and notarized Statement of Integrity (Annex VIII) - Programme of carrying out the stated service comprising at least the following: Methodology of carrying out (managing) the services Technical approach to major items as per the description of the subjectmatter of procurement 17

18 Organization of Bidder s designer team Within the organization of the designer team, among other things, a Project Leader should be appointed and one main designer / engineer per each of the six (6) disciplines: mechanical engineering, civil engineering, electrical engineering, instrumentation and control, environmental protection and chemical technology. It is required to submit their resumes. (20) Method of Bid Preparation The Bid shall be submitted as a hard copy, bound as one unit preventing any subsequent removal or adding of sheets e.g. with a security tape ( jamstvenik ), both ends of which shall be affixed on the last page by a label and stamped. If the volume or other objective circumstances do not allow for the Bid to be prepared as one unit, it shall be composed of two or more parts. In the Content the Bidder shall state how many parts the Bid consists of and each part shall be bound to prevent and subsequent removal or insertion of sheets. Parts of the Bid which cannot be bound, such as Bid form, Bid guarantee and signed and certified Contract according to Annex IX of this TD etc., shall be named by the Bidder and listed in the Contents of the Bid as part of the Bid. The Bid shall be submitted in 2 (two) copies (designated as izvornik (Original) and preslika (Copy)). In case of any discrepancies between the original and the copy, the original version shall prevail. Any corrections made to the Bid shall be made to be visible or subject to proof (e.g. deletion or removal of letters, numbers or prints). These corrections shall include the date of correction, accompanied with a valid signature and the stamp of the Bidder s authorised representative. During preparation of the Bid the Bidder shall observe the requirements and conditions stated in the Tender Documentation and shall not change or amend the Tender Documentation. Pages of the Bid shall be numbered so that the figure shows a page number and the total number of pages. Pages from parts of the Bid from the envelope marked as "Bid form, Bid guarantee and Contract" are not required to be numbered. When the Bid consists of several parts, pages shall be designated in the way that every following part starts with the number which continues the previous sequence. If any part of the Bid has been originally numbered (e.g. auditor's report), the Bidder has to re-number this part of the Bid. Within the Bid submission deadline, the Bidder can modify, amend, or withdraw from the Bid by an additional, duly signed statement. If any modification and/or amendment of the Bid have been submitted they shall be registered into the Bid Registry and shall receive a number according to the sequence. In such a case, the Bid shall be considered received at the time of receipt of the last modification and/or amendment. If, modification or amendment of the Bid, results in a new price, this price shall also be stated. The new Bid shall be prepared, sealed, labelled and delivered (submitted) in 18

19 accordance with the instructions for preparation and submission of the Tender Documentation. The Bid cannot be modified, amended nor can the Bidder withdraw from the Bid in the period from expiry of the Bid submission deadline to expiry of the Bid validity determined by the Bidder. Withdrawal of Bid in the period of the Bid validity shall result in collection of payment of the bank bid bond. Bids are prepared without any fees. The Bidder shall not offer any alternatives, variants or versions or the Bid. (21) Bid Price Individual rates and the Bid Price have to be expressed in Croatian kuna (HRK). They shall be fixed throughout the entire contract duration and comprise all discounts, costs and expenses of the Bidder. The Price shall include daily allowances, business travel costs and all other costs of service provision. All details, information, documents and activities necessary for preparation of the Bid shall be provided by the Bidder, at its own cost. The Bidders shall declare the Bid Price and the Total Bid Price as stipulated in the Tender Documentation, in the Bid list, Annex I. The information shall be entered into the Bill of Quantities as follows: - For each BoQ item the Bidder shall enter the item rate and the bid price without VAT (the sum of all item rates from 1 to 6). - When an item price is calculated by the unit rate, when completing the Bill of Quantities the Bidder shall calculate the total price of items by multiplying the quantity of items with the unit price. - The Bidder shall complete all required items in the BoQ form - If the Bidder fails to act in compliance with the requirements stated herein, or if it changes the wording or the quantities stated in the BoQ, such a BoQ shall be considered incomplete and invalid and the Bid shall be rejected as unacceptable Unusually Low Prices If the Bid states an unusually low Bid Price or if the Unit Rate is unusually low, which causes the capacity of service provision to be doubted, the Client can reject such Bid. A Bid which meets one of the following conditions shall be deemed a Bid with the unusually low price: a) The Bid Price is lower than the average price of other acceptable bids by over 40%, b) The Bid Price is by more than 20% lower than the acceptable bid with the next higher price, while there are at least three acceptable offers received. Prior to rejecting the Bid the Client may request in writing from the Bidder an explanation of the Bid price which is unusually low, with the information on the constituent elements of the Bid which it considers essential for the performance of the 19

20 contract. Data on the constituent elements of the Bid considered by the Client to be important for execution of the Contract can specifically relate to the possibility that the Bidder, or its subsidiary, is a Bidder interested in the future construction of the LNG Terminal or the delivery of equipment. (22) Bid Selection Criteria The selection criterion is economically most favorable Bid. The Client defined the criteria with their respective meanings and importance assigned to them. The criteria are non-discriminatory and are connected to the subject-matter of the procurement. The selection criteria have no impact on application of regulations which stipulate the payment for services such as architectural and engineering services A detailed description of the economically most favorable bid selection criteria is given in Section X. of this Tender Documentation, together with relative meanings i.e. weights, numerical value classes and methods of evaluation. Considering the complexity of the subject matter of procurement importance is ascribed to experience of the Bidder shown in preparation of the LNG Terminal project documentation, highpressure gas systems and other relevant systems relating to the subject matter of the procurement. Together with evidence of capability stated in item IV. of this Tender Documentation, the Bidder shall, as applicable, submit other documentation necessary for the evaluation of economically most favorable Bid criteria. Failure to submit adequate documents shall in any aspect represent risk for the Bidder. (23) Language and Script of the Bid The Bid, appertaining documentation and correspondence, i.e. the overall procurement procedure between the Bidder and the Client shall be in Croatian (Latin script). All parts of the Bid which are not at Croatian language, Bidder needs to translate to Croatian language by official authorized court translator. (24) Bid Validity Bid validity shall be at least one hundred and twenty 120 days (in letters: onehundredtwentydays) from the Bid submission final deadline. Any Bids with shorter validity shall be rejected as unacceptable. The Client can request from the Bidder an adequate extension of the Bid validity. In such case the Bidder shall also extend the validity of the bank bid bond in accordance with the extension of the Bid validity. The Bidder can refuse the request for any extension of the Bid validity, without prejudice to the bank bid bond. 20

21 Within the period of extended Bid bond neither the Client nor the Bidder shall request any modification of the Bid. VI. OTHER PROVISIONS (25) Provisions Referring to Sub-Contractors (ANNEX IIB.) If a Business Entity plans to subcontract a part of the procurement contract to one or more Sub-Contractors, in the Bid it shall provide the following details: The Sub-Contractor's Name, Company Name and Croatian Individual Identification Number (OIB) (or the national identification number of the business entity in the country of the Business Entity's seat, if applicable) and The subject matter, scope and value of the sub-contract and the percentage of the contact that is being subcontracted. Engagement of a Sub-Contractor shall be without prejudice to the responsibility of a selected Bidder to duly execute the Procurement Contract. (26) Provisions Referring to the Association of Bidders (ANNEX IIA.) A Bid of joint Bidders shall contain the name, the seat, the address and the Croatian Individual Identification Number (OIB) of all Bidders in the Joint Bid, the Bid Leading Partner, the account details, indication if the Bidder is a VAT Payer, the address, the Bidder's contact person, the telephone and fax numbers as indicated in Annex IIA. The Joint Bid has to indicate which part of the procurement contract (subject, quantity, valus and percentage) shall be completed by which member of the Association of Bidders. The Client shall pay for the services provided by the Association of Bidders in the way determined by the Association. The liability of the Bidders participating in a joint bid shall be joint and several. (27) Type, Instrument and Conditions of the Guarantee - The Bid Bond (see Annex V) Together with the Bid the Bidders shall submit the bank's bid bond (bank performance guarantee) amounting to HRK 1,000,000 (one million Croatian Kuna). The validity of the Bid Bond shall not be shorter than the duration of the Bid. The Bank shall guarantee to the Client that in the period of the Bid validity the Bidder shall not withdraw its bid i.e. that if the Bidder is selected it shall conclude a Contract subject to tender conditions if invited to sign the Contract by the Client. If the Bidder agrees with the request made by the Client referring to extension 21

22 of the Bid validity, the Bid Bond shall be extended accordingly, in compliance with the extension of the Bid validity. The Bank Bid bond shall be irrevocable, unconditional and without protest, payable upon the first written call. The Client shall return the Bid Bond to the Bidders upon completion of the procurement procedure. The Bank's Bid Bond shall be collected: - If the Bidder withdraws from its Bid during the Bid's period of validity - If false details have been submitted - If no original or certified photocopies of documents were submitted - In case of the party's refusal or omission to sign the procurement contract - If the Bank's Bid Bond has not been provided By expiry of the Bid submission deadline the Bidders may pay-in the deposit up to the above stated amount to the giro-account of the Client open with the Privredna Banka Zagreb d.d. Zagreb, IBAN HR , which shall be considered equivalent to the guarantee instrument. Deposit evidence document needs to have statement that this deposit is bid bond guarantee in accordance with Procurement Record Identification Number. Deposit evidence needs to be recorded at the Client account at the offer delivery date. A receipt of the completed payment transaction shall be enclosed to the submitted Bid. A Bid Bond for Cases of any Breach of Contractual Obligations (in accordance with Annex VI) If selected, at the time of concluding the performance contract, the Bidder shall provide a Bid Bond in a form of a Bank guarantee. This Guarantee shall be irrevocable, unconditional, without protest and collectable upon the first call, amounting to 10% (ten per cent) of the Contract total value as stipulated in Annex VI. (28) Term, Method and Conditions of Payment Invoices shall be settled within thirty (30) days from issuing of the invoice. A mutually signed record on satisfactory completion of services shall be enclosed to the invoice. Upon conclusion of the Contract, the Client shall make an advance payment to the Bidder amounting to 10% of the Total Contract Price. (29) Date, Time and Location of the Bid Submission The Bid is made at no charge to the Client. The Bid shall be submitted to the Client not later than 13 th May at 10:00 AM. Bids shall be delivered to the Client s address: LNG Hrvatska d.o.o. Savska cesta 88a 22