SIA Eiropas dzelzceļa līnijas CLOSED TENDER CONSTRUCTION DESIGN OF RAIL BALTICA'S AIRPORT RIGA RAILWAY STATION, RELATED INFRASTRUCTURE, AND VIADUCT

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1 APPROVED by Procurement Commission of SIA Eiropas dzelzceļa līnijas at the meeting of 31 October 2016 (Protocol No. 2) SIA Eiropas dzelzceļa līnijas CLOSED TENDER CONSTRUCTION DESIGN OF RAIL BALTICA'S AIRPORT RIGA RAILWAY STATION, RELATED INFRASTRUCTURE, AND VIADUCT CANDIDATES REGULATIONS FOR SELECTION OF CANDIDATES Procurement identification No. EDZL 2016/2 CEF Riga,

2 1. TERMS USED 1.1 Commission procurement commission of SIA Eiropas dzelzceļa līnijas, which is established according to the decree No EDZL-03-1/3 of 12 July 2016 On the establishment of a procurement commission for the procurement Construction design of Rail Baltica's Airport Riga railway station, related infrastructure, and viaduct. 1.2 Commisioning Authority SIA Eiropas dzelzceļa līnijas, joint registration number , Gogoļa Street 3, Riga, LV-1050, Tender closed tender Construction design of Rail Baltica's Airport Riga railway station, related infrastructure, and viaduct. 1.4 Tenderer a supplier, who has submitted an application within the closed tender. 1.5 Procurement procedure closed tender according to the Public Procurement Law. The tender is held in two stages: Stage One of the tender - selection of Candidates to bid in the closed tender; Stage Two of the tender evaluation of offers submitted by shortlisted Candidates and granting the rights to conclude a contract Candidate a supplier, who has submitted an offer within the closed tender Supplier Natural or legal entities, or a partnership of such entities in any combinations, which offers service provision on the market. By submitting an application to bid in the procurement procedure, a supplier has the right to rely on the capacities of other suppliers irrespective of the legal nature of their mutual relations Tender regulations regulation of the closed tender Construction design of Rail Baltica's Airport Riga railway station, related infrastructure, and viaduct Railway station a set of railway infrastructure objects, which takes a certain part on the railway partition zone and ensures railway transportation operations. 2. GENERAL PROVISIONS 2.1. The subject of the tender Construction design of Rail Baltica's Airport Riga railway station, related infrastructure, and viaduct is the elaboration of a construction design and authors supervision (during the construction works) according to the terms of reference (performance specification). At the selection stage of Candidates, the terms of reference are for information purposes only The procurement is funded from the Connecting Europe Facility (CEF) project Development of 1435 mm gauge railway line Rail Baltic/ Rail Baltica (RB) corridor through Estonia, Latvia, and Lithuania CPV code: (Architectural design services). 2

3 2.4. The estimated deadline for the elaboration of the construction design is 17 (seventeen) calendar months. The contract is estimated to be concluded in Q Candidates selection criterion is the highest score at the qualification assessment of Candidates The selection criterion of Tenderer is the most feasible offer The Commisioning authority will invite 5 (five) Candidates, who will have gathered the highest scores in the selection procedure, to submit their offers. Where several Candidates will have achieved equal scores, the invitation submit their offers will be sent to a larger number of Candidates The Commisioning authority shall publish the invitation to Candidates selection of the Closed Tender on the website and on its own website: The regulations are published electronically on the Commisioning authority's website: Organisational issues regarding the procurement procedure shall be addressed to: Project manager Vladimirs Krasausks, vladimirs.krasausks@edzl.lv, edzl@edzl.lv, ph. No.: Where the application is submitted by a partnership of natural or legal entities in any combination (hereinafter partnership of suppliers), a single person shall be indicated in the application, who represents the partnership in the Tender, along with the scope of responsibility for each person A Candidate, who will be invited to submit an offer, will have to submit proof of guarantee from a credit institution or a guarantee insurance policy from an insurer (see template Annex 6), which is issued by a bank or insurance company registered in a member state of the European Union, the European Economic Area, or the World Trade Organisation for the total sum EUR (forty-four thousands Euro and 00 cents) The bid guarantee shall be valid, whichever is shortest: bid guarantee validity period 6 (six) months, starting from the date of opening the offers (considering the deadline for bid guarantees according to Article 52(3) of the Public Procurement Law); until the submission of contract performance (contractual obligations') guarantee to the Tenderer, whose offer has been selected according to the selection criterion of the Regulations and who submits the contract performance (contractual obligations') guarantee according to the order stipulated by the Regulations and contract after the contract conclusion; until contract conclusion The form for the proof of bid guarantee may differ from the template provided in Annex 6 of the Regulations, but it cannot contain additional provisions and/or provisions restricting the guarantee sum, which differ from the content provided in Annex 6 of the Regulations Within 5 (five) business days after submission of the contract performance guarantee to the Tenderer, whose offer has been selected according to the 3

4 offer selection criterion as stipulated by the Regulations, and all the other Tenderers after conclusion of the procurement contract or after terminating the procurement procedure with no results, or in case the procurement procedure is suspended, the Commisioning authority shall return the bid guarantee original to the Tenderer A Tenderer, who is granted the rights to conclude the contract, shall have to submit contract guarantees issued by a bank registered in a member state of the European Union, European Economic Area or the World Trade Organisation in the form of at-first-request, irrevocable, unconditional contract performance (contractual liabilities) guarantee for a total of EUR (five hundred thousands Euro and 00 cents) for the whole period of design works' performance until the completion of design works and for the next 60 (sixty) days, and EUR (two hundred and fifty thousand Euro and 00 cents) at the commencement of construction supervision for the whole period of construction works and until the completion of construction works and the next 60 (sixty) days, and at-firstrequest, irrevocable, unconditional guarantee for the guarantee period for a total of EUR (two hundred and fifty thousand Euro and 00 cents) for the whole period of construction guarantee period (60 (sixty) months) and the next 60 (sixty) days. The Tenderer will have to agree on the bank guarantee conditions with the Commisioning authority The Candidate and Tenderer have to take into account that according to Airport Riga internal rules persons, of whom there is police recorded crime within the last 5 (five) years from the offer submission date are restricted to the reinforced control area. Considering that the works listed in the terms of reference will have to be carried out in the territory under control of the airport, the Tenderer's employees will have to get hold of respective entry permits. A Tenderer, who is granted the rights to conclude the contract, no less than within 30 (thirty) calendar days prior to commencement of works at Airport Riga, shall have to carry out security checks and get certificates for the employees, who will be involved in the contract performance, regarding their police recorded crimes in their country of residence, as well as other countries, where the employee has resided for more than 6 (six) months, as well as, whether or not the Tenderer's employees are registered as psychiatry or narcology patients in their country of residence. Following a respective request by the Commisioning authority, the Tenderer shall provide the said certificates. 3. DEADLINES AND SUBMISSION OF APPLICATION 3.1. The deadline for submission of Candidate's selection documents is 13 December 2016 at 10am, at the premises of SIA Eiropas dzelzceļa līnijas, Gogoļa Street 3, Room 275, during working hours from 8am 12am, and 4

5 from 1pm 4:45pm. At the receipt of the application, the date, time, and name of the Candidate is registered The Commisioning authority may be visited upon presentation of special entry permits, and therefore the Candidate shall announce to the contact of the Commisioning authority Māris Krastiņš the name, surname, and time of arrival by the application submitter at least 2 hours in advance by calling The application shall be submitted in person, or by regular mail. A mail delivery shall be delivered at the time and place as indicated in Clause 3.1 herein. A Candidate shall bear full responsibility for the failure of meeting submission deadlines. Applications submitted by Candidates past the deadline, shall not be opened and shall be sent unopened back to the submitter Where the interested Supplier has requested additional information about the Regulation in due time, the Commission shall provide it not later than within 4 (four) days prior to submission deadline, and shall publish the questions and answers also on the website of the Commisioning authority: 4. APPLICATION TO PARTICIPATE IN THE CANDIDATES' SELECTION, DOCUMENT DESIGN, AND OPENING OF APPLICATIONS 4.1. Drafting of application: all documents shall be drafted in paper in Latvian; documents may be submitted in another language, provided they are accompanied by a translation in Latvian designed according to statutory requirements (Cabinet of Ministers Regulations No 291 Procedures for the Certification of Document Translations in the Official Language of 22 August 2000). The Candidate is liable for the consistency of translation with the original; Application documents and copies thereof shall be inserted in a single package: The Candidate shall take care to provide a save packaging of the application and copies thereof, so that these cannot be viewed without damaging the packaging; the pages have to be numbered; all documents of the application shall be bound together. The seam shall be stamped with the Candidate's stamp, if such exists, and signed by hand by a representative of the Candidate having signatory rights, stating the number of pages in numbers and words. The application shall be designed in a way the pages of it cannot be replaced without damaging the binding place; the application documents shall be clearly legible, bearing no corrections or deletions. All and any corrections shall be signed by a representative of the Candidate having signatory rights; copies of documents shall be approved according to Cabinet of Ministers 5

6 Regulations No 916 Procedures for the Elaboration and Design of Documents of 28 September 2010; a public document issued abroad, for it to be deemed a valid public document in Latvia, shall be legalised or approved (apostille) according to the Document Legalisation Law; a Candidate has the right to approve all copies and translations of documents included in the application with a single approval, provided the application is bound as a single unit; on top of the application a table of contents shall be attached. Where the application is submitted in several volumes, the table of contents shall be attached to each volume separately, and the table of contents for the first volume shall indicate the number of volumes and the total number of pages in each volume For the Candidate's selection tender, an original and two copies of the application documents shall be submitted. The cover page of the application original shall bear the remark ORIGINAL, while on the cover page of the copy thereof COPY The application shall also be submitted electronically on a data carrier compatible to be opened by standard office software tools. The electronically submitted applications shall enable print and search options. The data carrier shall be inserted in the envelope of the original application. The data carrier is identified by a label bearing the name of the Candidate and the procurement identification number Documents shall be submitted by the deadline according to Clause 3.1 herein, in a closed and sealed packaging, and delivered to SIA Eiropas dzelzceļa līnijas, Gogoļa Street 3, Room 275, during working hours from 8am 12am, and from 1pm 4:45pm, and the package shall bear the following remark: Name, address, phone of the Candidate; remark: Candidates' selection for the participation in the closed tender CONSTRUCTION DESIGN OF RAIL BALTICA'S AIRPORT RIGA RAILWAY STATION, RELATED INFRASTRUCTURE, AND VIADUCT (ID No. EDZL 2016/2 CEF ) Do not open before 13 December 2016 at 10am The original of application and statements, as well as the copies thereof shall be approved by the Candidate's representative having signatory rights or an authorised person thereof. Where the Candidate is a partnership of suppliers, the original of application and statements, as well as the copies thereof shall be approved by a representative of each supplier of the partnership having signatory rights or an authorised person thereof The application documents shall be put together in the following sequence: Application (Annex 1 of the Regulations); 6

7 where the application is submitted by a partnership of suppliers, an agreement signed by all parties stating the willingness to take part in the tender shall be submitted; where the Candidate bases its application on third party capabilities, in order to meet the Candidate's qualification requirements for the compatibility of the Candidate in respect of the professional activity, as well as in respect of the tenderer's technical and professional capabilities, the Candidate shall submit a written statement by the person, on whose capabilities the Candidate bases its application, that it agrees to participate in the tender, and a statement that it is willing to transfer to the Candidate for the contract fulfilment resources, which are indicated in the offer to meet the qualification requirements in case the procurement contract will be concluded with the Tenderer; The Candidate shall list all subcontractors, as well as the sub-contractors of sub-contractors, where the value of their services provided is at least 20 per cent of the total contract value. The following information shall be indicated for each of the sub-contractors: name, registration number, address, contact person and his/her phone, share (%) of the scope of responsibility, description of the part of contract to be subcontracted, and the financial calculation shall be added, which indicates the share (%) of subcontracted contract works; statement by each sub-contractor that it is willing to carry out the part of the subcontracted contract work; where the Candidate cannot submit precise information about the involved sub-contractors and the subcontracted contract works, it is allowed no to indicate in in the first stage of the Tender, but it shall be submitted at the second stage of the Tender together with the offer Qualification documents according to Clause 5.17 herein All and any supplements or withdrawals shall be submitted in writing by the opening of applications, by submitting these in person or delivering by regular mail to SIA Eiropas dzelzceļa līnijas seated at Gogoļa Street 3, Riga, Room No 275, during working days from 8am - 12am, and from 1pm to 4:45pm, by 13 December 2016 at 10am, in a closed and stamped packaging. The packaging shall bear the following information: Name, address, phone of the Candidate; remark: Candidate's selection for the participation in the closed tender CONSTRUCTION DESIGN OF RAIL BALTICA'S AIRPORT RIGA RAILWAY STATION, RELATED INFRASTRUCTURE, AND VIADUCT (ID No. EDZL 2016/2 CEF) Do not open before 13 December 2016 at 10am Additional remark on the envelope SUPPLEMENT, WITHDRAWAL The withdrawal is unconditional and it excluded the Candidate from further participation in Tender. 7

8 4.7. In case of inconsistencies in the original and copies of the submitted application, the original shall prevail In case the application is submitted after the submission deadline, it is registered with an indication of time of receipt, and shall be sent unopened back to the submitter Application will be opened on 13 December 2016 at 10 am, at Gogoļa Street 3, Riga, Room No 275. At the application opening meeting, the Candidates, who have submitted applications, will be announced, the application submission date and time, as well as any information regarding supplements or withdrawals will be announced Opening meeting of the applications is open. 5. PROVISIONS FOR THE EXCLUSION OF CANDIDATES AND QUALIFICATION REQUIREMENTS 5.1. Qualification criteria are mandatory to all Candidates, who wish to acquire the right to fulfil the Commission and conclude the agreement The Commission shall exclude the Candidate from further participation in the procurement procedure and does not review its application, if it meets the Candidate exclusion criteria according to Article 39 1 (1) Point 1, 2, 3, 4, 5, 6, 7 and 8 of the Public Procurement Law: a Candidate or a person, who is a member of the board of directors or council or procurator of a Candidate, or a person having the right to represent the Candidate in activities related to a subsidiary, has been found guilty in any of the following criminal offences by a such punishment prescription of prosecutor or a judgement of a court that has entered into effect and is nondisputable and not subject to appeal: establishment, management, or involvement in the activities of a criminal organisation or part of an organised group thereof, or in any other illegal formation, or participation in the criminal offences of such organisation; bribetaking, bribery, bribe misappropriation, intermediation in bribery, taking of prohibited benefit or commercial bribing, requesting, taking and giving illegal benefit, trading for impact; fraud, misappropriation, or laundering; terrorism, financing of terrorism, invitation to terrorism, terrorism threats or recruiting and training of a person for performance of terror acts; human trafficking; evading payment of taxes and payments equivalent thereto a Candidate, by such a decision of a competent authority or a judgement of a court which has entered into effect and has become non-disputable and not subject to appeal, has been found guilty of an infringement, which means: employment of such one or more persons, who do not hold the respective work permit or if they reside in the territory of the European Union Member States illegally, 8

9 employment of one person without entering into a written employment contract, not submitting an informative declaration regarding employees in respect of such person within a time period laid down in the laws and regulations, which is to be submitted regarding persons who commence work a Candidate, by such a decision of a competent authority or a judgement of a court which has entered into effect and has become non-disputable and not subject to appeal, has been found guilty of infringement of competition rights manifested as horizontal cartel agreement, except for the case when the relevant authority, upon determining infringement of competition rights, has released the Candidate from a fine or reduced fine within the framework of the co-operation leniency programme Insolvency proceedings have been declared for the tenderer, the economic activity of the tenderer has been suspended or discontinued, the Candidate is wound up It has been established that on the last day of application submission the Candidate or on the day a decision is made to grant the contract conclusion rights the Tenderer has tax debts in Latvia and a country where it is registered or permanently residing, including debts of mandatory State social insurance contributions in total exceeding 150 Euro in each country. In respect to Candidates registered or permanently residing in Latvia, the Commisioning authoritycommisioning authority shall take into account the information, which is published on the last date of update on the public tax debtors' database of State Revenue Service, which is an information system determined by the Cabinet of Ministers Considering Article 23(1) and Article 23(2) of the Public Procurement Law, the individual, who has drafted the procurement documentation (an official or employee of the Commisioning authoritycommisioning authority), a member or expert of the Commission is related to or interested in the selection of a particular Candidate, and the Commisioning authoritycommisioning authority cannot avert the situation by measures restricting the Candidate to a smaller degree The Candidate has competitive advantages in the procurement procedure, because it itself or an affiliated legal entity has been involved in the preparation of the procurement procedure according to Article 11(4) of the Public Procurement Law and it cannot be averted with less limiting measures and the Candidate cannot prove, that the participation of it or its affiliated legal entity in the preparation of the procurement procedure does not limit the competition a Candidate has provided false information to certify the conformity with the provisions of Article 39 1 of the Public Procurement Law or qualification requirements of Candidates laid down in accordance with this Law, or has not provided the requested information at all. 9

10 5.3. The Commisioning authoritycommisioning authority shall not exclude a Candidate from the participation in a procurement procedure if: three years have passed from the day when the judgement of a court, the punishment prescription of a prosecutor or a decision taken by another competent authority on infringements referred to in Article 39 1 (1) Clause 1 and Clause 2 sub-clause a (Clause and Clause herein) became non-disputable and not subject to appeal till the day when the application or tender was submitted; months have passed from the day when the judgement of a court, or a decision taken by another competent authority on infringements referred to in Article 39 1 (1) Clause 2, sub-clause b and Clause 3 (Clause and Clause herein) became non-disputable and not subject to appeal till the day when the application or tender was submitted; 5.4. The verification regarding the existence of exclusion cases for Candidates according to Article 39 1 (1) is carried out for each Candidate who meets the qualification requirements according to the Regulations and should be invited to submit an offer. The verification is done prior to reduction of the number of Candidates 5.5. In order to verify, whether the Candidate or a member of a general partnership, if the Candidate is a general partnership, or a sub-contractor indicated by the Candidate, the subcontracted contract value of which is at least 20 per cent of the total contract value, or a person indicated by the Candidate, on whose capabilities the Candidate relies to approve its qualification meets the Regulation requirements, shall not be excluded from the procurement procedure according to Article 39 1 (1) Clause 1, 2, 3, 4, 5 and 7 of the Public Procurement Law, as regards persons registered or permanently residing in Latvia, the Commisioning authoritycommisioning authority shall make use of the information system determined by the Cabinet of Ministers According to Article 39 1 (1) Clause 9 of the Public Procurement Law, the member of a general partnership, where the Candidate is a general partnership, shall be subject to requirements of Article 39 1 (1) Clause 1, 2, 3, 4, 5, 6 or 7 of the Public Procurement Law According to Article 39 1 (1) Clause 10 of the Public Procurement Law, the sub-contractor of the Candidate, where the value of the subcontracted construction works or services to be provided is at least 20 per cent of the total contract value, shall be subject to requirements of Article 39 1 (1) Clause 2, 3, 4, 5, 6 or 7 of the Public Procurement Law. According to Article 39 1 (3) Clause 2 of the Public Procurement Law, the Commisioning authority will check, whether or not the exclusion provisions of Article 39 1 (1) Clause 2, 3, 4, 5, 6 or 7 of the Public Procurement Law as regards the tenderer, who according to requirements of the procurement procedure documents and the offer selection criterion should be granted the rights to conclude the contract at the second stage of the Tender do apply to the Candidater's invited sub- 10

11 contractor, whose subcontracted contract works account for at least 20 per cent of the total contract value According to Article 39 1 (1) Clause 11 of the Public Procurement Law, the person, on whose capabilities the Candidate relies to prove its qualification meets the requirements set in the announcement of the contract or in the procurement procedure documents, is subject to requirements of Article 39 1 (1) Clause 1, 2, 3, 4, 5, 6 or 7 of the Public Procurement Law Depending on the results from the information system, the Commisioning authority does not exclude the Candidate from the procurement, if it establishes that according to the information, which is published on the last date of update on the public tax debtors' database of State Revenue Service, which is an information system determined by the Cabinet of Ministers, the Candidate or the person according to Article 39 1 (1) Clause 9, 10 and 11, has had no tax debts on the last day of application submission, including mandatory State social insurance contributions, exceeding in total 150 Euro informs the Candidate that according to the information, which is published on the last date of update on the public tax debtors' database of State Revenue Service, which is an information system determined by the Cabinet of Ministers, the Candidate or the person according to Article 39 1 (1) Clause 9, 10 and 11, has had tax debts on the last day of application submission, including mandatory State social insurance contributions, exceeding in total 150 Euro, and the Commisioning authority sets a deadline of 10 after the day the information was provided or sent that the Candidate shall submit a statement that on the last day of application submission it had no tax debts, including mandatory State social insurance contributions, exceeding in total 150 Euro. Where the Candidate fails to submit the statement in due time, the Candidate is excluded from the procurement. In order to approve that the Candidate or the person according to Article 39 1 (1) Clause 9, 10 and 11, had no tax debts on the last day of application submission, including mandatory State social insurance contributions, exceeding in total 150 Euro, the Candidate shall submit the following document by the respective person or its representative within the term stipulated by Article 39 1 (5) of the Public Procurement Law: approved printout from the electronic declaration system of State Revenue Service or a statement from State Revenue Service that this person did not have the respective tax debts, including mandatory State social insurance contributions' debts; before the last day of application submission or before the day, when a decision is made on alleged contract conclusion, a copy of a document, where the State Revenue Service extends the deadline for tax payment or on tax postponement, or a copy of an agreement with State Revenue Service on tax payment, or other objective proof of the non-existence of tax debts. 11

12 5.10. Where the Commisioning authority establishes that the sub-contractor, whose subcontracted service value is at least 20 per cent of the total contract value, or where the person, on whose capabilities the Tenderer relies to approve that its qualification meets the requirements as set out in the tender regulations, meets the exclusion cases as mentioned by Article 39 1 (1) Clause 1, 2, 3, 4, 5, 6 or 7 of the Public Procurement Law, it shall request that the Candidate replaces the respective person. Where the Candidate within 10 business days after it has been provided or sent a request fails to submit documents about a new sub-contractor or a person meeting the requirements as set out in the tender regulations, on whose capabilities the Candidate relies to approve that its qualification meets the requirements as set out in the tender regulations, the Commisioning authority shall exclude it from participation in the procurement procedure In order to check, whether or not the member of the board of directors or council or procurator of the Candidate, who is registered in Latvia, or a person having the right to represent the Candidate in activities related to a subsidiary and who is registered or permanently resides abroad, or a Candidate, who is registered or resides permanently abroad, or a person according to Article 39 1 (1) Clause 9, 10 and 11, who is registered or resides permanently abroad, does not meet the exclusion provisions according to Article 391(1) of the Public Procurement Law, the Commisioning authority, except for cases stipulated by Article 39 1 (11) of the Public Procurement Law, shall request that the Candidate submits a certificate by the respective competent authority proving that the member of the board of directors or council or procurator of the Candidate, who is registered in Latvia, or a person having the right to represent the Candidate in activities related to a subsidiary and who is registered or permanently resides abroad, or a Candidate, or a person according to Article 39 1 (1) Clause 9, 10 and 11, does not meet the cases according to Article 39 1 (1) of the Public Procurement Law. The deadline for the submission of the certificate is set to at least 10 business days from the day the request was provided or sent. If the Candidate does not submit the referred-to statement within the laid down deadline, the Commisioning authority shall exclude it from participation in the procurement procedure If such documents, by which the Candidateregistered or permanently residing in a foreign country may certify that the conditions indicated in Article 39 1 (1) of the Public Procurement Law do not apply to him or her, are not issued or they are not sufficient to certify that the conditions indicated in Article 39 1 (1) of the Public Procurement Law do not apply to the Candidate, the referred-to documents may be replaced with an oath or, if laws and regulations of the relevant country do not provide for giving of an oath, with a certification of the Candidate itself or the person referred to in Article 39 1 (1) of the Public Procurement Law to the competent executive authority 12

13 or judicial authority, a sworn notary or a competent organisation in the relevant sector in the country of registration (permanent residence) thereof Assessment of proof submitted to ensure credibility according to Article 39 3 of the Public Procurement Law: where the Candidate or a member of the general partnership, if the Candidate is a general partnership, meets the exclusion case according to Article 39 1 (1) Clause 1, 2, 3, 4, 6 or 7 of the Public Procurement Law, the Candidate shall together with the application submit an explanation and proof of the loss compensation or a concluded agreement on the loss compensation, cooperation with investigation authorities and undertaken technical, organisational, or human resource management measures to prove its reliability and prevent the occurrence of the same or similar cases in future; where the Candidate fails to submit an explanation and proof, the Commisioning authority shall exclude the respective Candidate from the procurement procedure, since it meets the exclusion case according to Article 39 1 (1) Clause 1, 2, 3, 4, 6 or 7 of the Public Procurement Law; The Commisioning authority shall assess the measures and their proof by the Candidate or a member of the general partnership, where the Candidate is a general partnership, considering the severity of the crime or offence and the particular circumstances. The Commisioning authority is entitled to request the competent authorities of the respective crime or offence to provide a statement regarding the adequacy of measures undertaken to restore the reliability and to prevent such and similar cases in future; where the Commisioning authority is of the opinion that the measures undertaken are sufficient to restore the reliability and to prevent such and similar cases in future, it makes a decision not to exclude the respective Candidate from the procurement procedure. If the measures undertaken are not sufficient, the Commisioning authority makes a decision to exclude the respective Candidate from the procurement procedure The Commisioning authority shall accept and acknowledge statements and other documents, which are issued by competent authorities according to the cases stipulated by the Public Procurement Law, if these are issued not earlier than 1 (one) month before the date of submission The Commission shall not review a Candidate 's application and shall exclude the Candidate from any stage of the procurement procedure, if the Candidate fails to meet at least one requirement as set out in the Regulations and the Public Procurement Law Accepting the European Single Procurement Document: The Commisioning authority shall accept the European Single Procurement Document as an initial proof for the eligibility of qualification requirements imposed on the Candidate by the Tender. Where the Candidate opts for submitting the European Single Procurement Document in order to approve that it meets the qualification requirements imposed on the Tender by the Tender regulations, the Candidate r shall submit such a document also for 13

14 each person, on whose capabilities the Candidate relies to prove its qualification meets the requirements of the Tender documentation, and for the sub-contractor, whose value of subcontracted services is at least 20 per cent of the procurement contract value. Where the Candidate is a Partnership of suppliers, the Candidate shall submit an individual European Single Procurement Document for each of its members; The Candidate is entitled to submit to the Commisioning authority the European Single Procurement Document, which was submitted within another procurement procedure, if it approves that the information contained therein is correct; The templates of the European Single Procurement Documents are set by the Commission Implementing Regulation (EU) 2016/7 of 5 January 2016 establishing the standard form for the European Single Procurement Document, and can be found at: The Candidate shall meet the following Qualification criteria and shall submit the following documents: NO. QUALIFICATION REQUIREMENTS TO TENDERERS The Candidate is registered according to statutory requirements and according to cases stipulated by law. The requirements refers also to a general partnership and all members thereof (in case the application is submitted by a general partnership) or all members of a partnership of suppliers (in case the application is submitted by a Partnership of suppliers), and sub-contractors (in case the Candidate intends to work with subcontractors) The official of the Candidate, who has signed the application documents, has signatory (representation) rights. The requirements refers also to a member of a general partnership or of a Partnership of suppliers (in case the application is submitted by a general partnership or by a Partnership of suppliers), or to a subcontractor (in case the Candidate intends to work with sub-contractors), if these will carry out the design tasks. DOCUMENTS TO BE SUBMITTED The Commisioning authority will with the Enterprise Register of Latvia, whether or not the Candidate is registered according to statutory requirements. Foreign Candidate shall submit an original document or a copy thereof issued by a respective competent governmental authority proving the Tenderer is legally capable and has the capacity to act. The Commisioning authority will check with the Enterprise Register of Latvia, whether or not the official of the Candidate, who has signed the application documents, holds signatory (representation) rights. Foreign Candidates shall submit an original document or a copy thereof issued by a respective competent governmental authority proving the official of the Candidate, who has signed the application documents or who has issued a proxy to sign application documents, holds signatory (representation) rights. Where the application is signed by a person, who has not signatory (representation) rights, the Candidate shall issue a proxy by a person holding signatory rights authorising another person to sign the application, if it will be signed by this authorised person. 14

15 The Candidate is registered in the Register of Construction Companies or a similar register abroad, or the Candidate hold a licence, a certificate, or a similar document issued by a competent authority, if the law of the respective country provide for professional registration, issues of a licence, certificate, or a similar document The average annual net financial turnover of the Candidate for the last 3 (three) years (2013, 2014, and 2015) in the construction design field equals at least EUR (four million Euro and 00 cents). Where the Candidate is a Partnership of suppliers, the average annual net financial turnover of all suppliers of the Partnership for the last 3 (three) years (2013, 2014, and 2015) in the construction design field equals at least EUR (four million Euro and 00 cents). Where a Candidate (including a member of a Partnership) has been established later, the above-mentioned requirement as to the financial turnover shall be met for the shorter period respectively During the last three years (2013, 2014, and 2015, and 2016 by application submission) the Candidate shall have at least the following minimum professional experience in the elaboration of at least one construction design, covering the following issues (experience listed under bullet a, b, and c may be covered by one or several construction designs one or several completed contracts): a) at least 5 km long railway (1435 The fact, whether or not a Candidate is registered in the Register of Construction Companies, will be checked in the construction information system ( A foreign Candidate shall submit an approved copy of a registration certificate from a respective professional register, or an approved copy of a licence, certificate, or similar document issued by a competent authority, if the law of the respective country provide for professional registration, issues of a licence, certificate, or a similar document. Where a Candidate and a Tenderer is not registered in the Register of Construction Companies of Latvia, it shall submit a statement stating in case it will be granted contract conclusion rights it will within 10 (ten) business days after the Commission decision has entered into force, i.e. following the expiry of the term according to Article 67(4) of the Public Procurement Law, register in the Register of Construction Companies of Latvia. A statement on the financial turnover of the Candidate according to set requirements; the statement shall be accompanied by a copy of the balance sheet, profit and loss calculation, and an audit report for the respective years. 1. Filled in and approved template according to Annex 5 List of works proving the professional experience of the Candidate considering the requirements of Sub-Clause herein. It can also contain any other information, which in the opinion of the Candidate may be of importance to the Commisioning authority. By filling in the template of Annex 5, the Candidate shall make sure it includes all information required by Sub- Clause A positive written recommendation letter from a Commisioning authority on a 15

16 mm) line with at least two tracks, which are equipped with overhead contact lines and a signalling system according to the technical specifications for interoperability of the rail system in the European Union; b) viaduct at least 200 m long with vehicular flow underneath it, with a span of at least 50 m ; c) a passenger railway station with at least three tracks, with an area of premises of at least 5,000 m 2, and a daily passenger turnover of 10,000. Where the Candidate is a partnership of suppliers, all members of that partnership shall together meet the requirements of this section The Candidate shall provide experienced construction experts for the elaboration of the construction design, who have the respective experience for the last three years (2013, 2014, and 2015, and 2016 by application submission) Manager of the construction design a. certificate in the design of railway tracks or bridges (or a respective qualification allowing to get hold of such certificate); b. experience in management of the elaboration of a construction design (in the role of a manager of a construction design), where the construction design covers a railway line at least 5 km long with at least 2 railway tracks, or a viaduct, at least 200 m long, with a span of at least 50 m and, with a vehicular flow underneath it Bridge designer a. certificate in the design of bridges (or a respective qualification allowing to get hold of such certificate); b. experience in the design of a viaduct, at least 200 m long, with a span of at least 50 m ; c. experience in the design of viaduct structures connected to a building Railway track (1435mm) designer: completed construction design, considering the experience of the Candidate according to Sub-Clause requirements (a, b, and c), providing a description of services delivered, period of time, and assessment of the quality of work. 3. For each construction design, a technical drawing signed by construction design developers, Commisioning authority, and approved by construction board or a similar authority abroad, or a construction permit, where the construction board or a similar authority abroad has made a remark the design requirements have been met, has to be submitted, in order the Commisioning authority may be absolutely sure the Candidate has participated in the submitted plan. Documents, which approve of the competence of Candidate 's experts to participate in the implementation of the procurement subject: 1. Template of Annex 4 Information about the education, qualification, and experience of experts proposed for the service. 2. CV template according to Annex 5 (proof of experience, incl. project descriptions and certificates, statements by these employees that the respective experts has agreed to take part in the project), along with education documents. 3. Information about the construction experts' certificates will be checked on 4. A foreign construction expert shall submit an approved copy of a licence, certificate, or similar document issued by a competent authority, if the law of the respective country provide for professional registration, issues of a licence, certificate, or a similar document. 5. Where the construction expert of a Candidate does not hold a certificate valid in Latvia, the Candidate shall submit a statement that within 60 (sixty) days following the expiry of the term according to Article 67(4) of the Public Procurement Law the construction expert will have received a certificate valid in the Republic of Latvia. 6. Positive written recommendation letter from a Commisioning authority regarding a completed construction design for the construction experts listed under Sub- 16

17 certificate in the design of railway tracks (or a respective qualification allowing to get hold of such certificate); b. experience in the design of 1435 mm gauge railway line of at least 5 km and with at least 2 tracks according to the following: - technical specifications for interoperability relating to the infrastructure subsystem of the rail system in the European Union, - technical specifications for interoperability relating to accessibility of the European Union's rail system for persons with disabilities and persons with reduced mobility Railway overhead contact lines' designer: a. certificate in the design of railway overhead contact lines (or a respective qualification allowing to get hold of such certificate); b. experience in the design of railway overhead contact lines according to the technical specifications for interoperability relating to the energy subsystem of the rail system in the European Union; c. experience in the design of railway overhead contact lines in covered passenger railway stations with at least 3 tracks. Clause , , , , , herein, covering the description of the services provided, period of service, and assessment of the quality of work. 7. For each construction design, a technical drawing signed by construction design developers, Commisioning authority, and approved by construction board, or a construction permit, where the construction board or a similar foreign authority has made a remark the design requirements have been met, has to be submitted, in order the Commisioning authority may be absolutely sure the proposed construction experts have participated in the submitted plan and that the construction design has been approved according to the statutory requirements of respective national law Designer of electronic communication systems and networks a. certificate in the design of electronic communications systems and networks (or a respective qualification allowing to get hold of such certificate); b. experience in the design of electronic communications and networks in railway objects; Designer of railway signalling systems a. certificate in the design of signalling systems (or a respective qualification allowing to get hold of such certificate); b. experience in the design of railway signalling systems, including ERTMS (European Railway Traffic Management System) according to the technical specifications for interoperability relating to the control-command and 17

18 signalling subsystems of the trans- European rail system; c. experience in the design of interlocking system of a station Architect a. certificate of practising architect (or a respective qualification allowing to get hold of such certificate); b. experience in the role as the leading architect in the design of a passenger railway station or any other passenger transport terminal, where the area of premises is at least 10,000m Civil engineer-designer a. certificate in the design of building structures (or a respective qualification allowing to get hold of such certificate); b. experience in the design of structures of buildings of public importance, where the area of premises is at least 10,000m Designer of water supply and sewage systems, including fire service systems (may be covered by several experts, where each of the experts shall meet requirements under a) a. certificate in the design of water supply and sewage systems (or a respective qualification allowing to get hold of such certificate); b. experience in the design of internal engineering systems, including the design of fire service systems of buildings of public importance, where the area of premises is at least 10,000m 2 ; c. experience in the design of external water supply and sewage systems Designer of heating supply, ventilation, and air conditioning systems (may be covered by several experts, where each of the experts shall meet requirements under a) a. certificate in the design of heating supply, ventilation, and air conditioning system (or a respective qualification allowing to get hold of such certificate); b. experience in the design of internal engineering systems of buildings of public importance, where the area of 18

19 premises is at least m 2 ; c. experience in the design of external engineering networks Designer of electric installations (may be covered by several experts, where each of the experts shall meet requirements under a) a. certificate in the design of electric installations (or a respective qualification allowing to get hold of such certificate); - power and lighting electric installations of residential and public buildings; - electric devices of a voltage up to 1 kv; - up to 1 kv automation and control of electric devices; kv cable power transmission lines; - lighting protection facilities (passive) of structures and overvoltage protection; - security of structures and fire alarm systems; Security and fire alarm systems of residential and public buildings. Fire safety automation systems (signalling, notification, extinguishing, protection against fumes); b. experience in the design of internal engineering systems of buildings of public importance, where the area of premises is at least m 2 ; c. experience in the design of external power networks Designer of drainage systems a. construction expert's certificate in the design of drainage systems (or a respective qualification allowing to get hold of such certificate); b. experience in the design of drainage systems related to transport infrastructure objects, which include open drainage ditches, drainage lines, culverts, and where the value of construction works is at least EUR Road designer a. construction expert's certificate in road design (or a respective qualification allowing to get hold of such certificate); b. experience in the design of roads with the asphalt surface area of the driveway 19

20 (streets, roads) is at least m Engineer of the work organisation programme (may be covered by several experts, where each of the experts shall meet requirements under a) a. certificate in railway track, bridge design, or a certificate of practising architect, or in the design of building structures (or a respective qualification allowing to get hold of such certificate); b. experience in the elaboration of a work organisation programme for railway lines and railway stations; c. experience in the elaboration of a work organisation programme for viaducts with vehicular flow underneath; d. experience in the elaboration of a work organisation programme for buildings of public importance, where the area of premises is at least m Engineer of cost estimates (may be covered by several experts) a. experience in the elaboration of an economic part of a construction design for railway lines and railway stations; b. experience in the elaboration of an economic part of a construction design for bridges (viaducts); c. experience in the elaboration of an economic part of a construction design for buildings of public importance, where the area of premises is at least m 2. The Candidate holds a statement issued by an insurance company registered in Latvia or abroad, which is entitled to provision of insurance services according to Latvian law, that the insurance company is ready, upon the request of the Tenderer, but no later than within 10 (ten) business days after signing the procurement (construction design and author supervision) contract and according to Cabinet of Ministers Regulations No. 502 Regulations on the civil liability insurance of construction experts and entities performing construction works of 19 August 2014, to insure the Tenderer and its construction experts' civil liability in the said object with the total liability limit and liability limit for one A statement submitted by the Candidate and issued by an insurance company registered in Latvia or abroad, which is entitled to provision of insurance services according to Latvian law, regarding an insurance meeting the minimum requirements of Sub-Clause herein, provided the procurement (construction design and author supervision) contract will be signed. 20

21 case, which equals at least the offered contract price and retention not higher than 5% of the offered contract price, and is valid for the whole period of design, construction, and construction guarantee The qualification documents shall be accompanied by an application letter according to the template provided in Annex 1 herein Besides that, an agreement (original or copy thereof) signed by all suppliers of the partnership shall be submitted, and the agreement shall bear the following information: a statement that all members of the Partnership of suppliers will be jointly liable for the fulfilment of the procurement contract, in case the Tenderer will be granted the right to conclude the contract; determination of the scope of involvement by each member of the Partnership of suppliers, including the share, roles, and tasks to be carried out; a proxy of the member of the Partnership of supplier, who has committed to the liabilities and will receive all instructions on behalf of all the Partnership of suppliers; a written document stating that in case the Partnership of suppliers will be granted contract conclusion rights it undertakes to merge by conclusion of the procurement contract and register a general partnership in a registration authority within 15 (fifteen) days after the expiry of the waiting term according to Article 67(4) of the Public Procurement Law Where the professional qualification of the Candidate and its experts is acquired abroad, the Commisioning authority is entitled to request the procedure of qualification compatibility recognition in Latvia, if it is regulated here After concluding the procurement contract, experts proposed by the Tenderer to be involved in contract fulfilment, of whom the Tenderer has provided information to the Commisioning authority and whose eligibility of qualification was assessed by the Commisioning authority, as well as subcontractors, on whose capabilities the Tenderer relies to fulfil its eligibility with the Regulations' requirements, will be allowed to be replaced only subject to a written approval by the Commisioning authority and considering the requirements stipulated by Article 68(3) of the Public Procurement Law: The Tenderer selected in the procurement procedure is allowed to replace the staff and sub-contractors without an approval from the Commisioning authority, as well as involvement of additional staff and sub-contractors in the fulfilment of the contract, except for cases stipulated by the Regulations; After entering into the contract, the staff of the Tenderer selected in the procurement procedure, which has been involved thereby in implementation of the contract, regarding which it has provided information to the Commisioning authority and the conformity of the qualification of which 21

22 with the requirements brought forward has been assessed by the Commisioning authority, as well as the sub-contractors on whose abilities it has relied on to certify that the qualification thereof conforms to the requirements specified in the notice regarding the contract and the procurement procedure documents, shall be changed only with a written consent of the Commisioning authority; The Commisioning authority shall not approve of the replacement of an expert or sub-contractor, provided any of the conditions exists: the staff or sub-contractor proposed by the supplier does not meet the requirements specified in the notice regarding the contract and the procurement procedure documents, which refer to the staff or sub-contractors of the Supplier; the sub-contractor, on whose abilities the Tenderer selected in the procurement procedure has relied on to certify that the qualification thereof conforms to the requirements specified in the notice regarding the contract and the procurement procedure documents, is being replaced, and the proposed sub-contractor does not have at least the same qualification as the one, on which the Tenderer selected in the procurement procedure has relied, to certify that the qualification thereof conforms to the requirements specified in the procurement procedure; the proposed sub-contractor meets the Tenderer's exclusion provisions specified by Article 39¹(1) of the Public Procurement Law. By checking the eligibility of a sub-contractor, the Commisioning authority shall apply the provisions of Article 39¹(1) of the Public Procurement Law. Terms specified by Article 39¹(4) of the Public Procurement Law are deemed started from the day, when the request on the replacement of staff or sub-contractor is submitted to the Commisioning authority The Tenderer selected in the procurement procedure may replace the subcontractors as specified in Article 20(2) of the Public Procurement Law, and involvement of sub-contractors meeting the said criteria at a later stage of contract fulfilment, if the Tenderer selected in the procurement procedure has notified the Commisioning authority and has received a written consent from the latter to allow the replacement of a sub-contractor or to allow the involvement of a sub-contractor. The Commisioning authority approves the replacement of a sub-contractor or the involvement of a new sub-contractor in contract fulfilment, if the proposed sub-contractor does not comply with the Tenderer's exclusion provisions as specified in Article 39¹(1) of the Public Procurement Law The Commisioning authority makes a decision regarding the approval or rejection of replacement of the Tenderer's selected in the procurement procedure staff or sub-contractor or the involvement of new sub-contractor in contract fulfilment as soon as possible, but not later than within 5 (five) business days after it has received all information and documents necessary to make the decision. 22

23 6. VERIFICATION OF THE APPLICATION DESIGN The Commission verifies the design of applications by Candidates according to requirements specified by Chapter 4 herein and according to statutory requirements according to Law On Legal Force of Documents, Document Legalisation Law, Cabinet of Ministers Regulations No 916 Procedures for the Elaboration and Design of Documents of 28 September 2010, Cabinet of Ministers Regulations No 291 Procedures for the Certification of Document Translations in the Official Language of 22 August Where the Commission establishes that the application fails to meet at least one of the requirements, the Commission considers the severity of the deviation and makes a decision, whether or not to exclude the Candidate from the procurement procedure. 7. VERIFICATION OF CANDIDATE' QUALIFICATION 7.1. After checking the design of application documents, the Commission verifies the qualification of Candidate A Candidate is excluded from the Tender and its application is not reviewed, if the Commission establishes that: the Candidate does not meet at least one of the requirements specified by Clause 5.17 herein; the Candidate has provided false or no information regarding its qualification, and has failed to provide information following a respective request. 8. APPLICATION ASSESSMENT METHODOLOGY AND THE SELECTION OF CANDIDATES 8.1. After checking the qualification of Candidates, the Commission assesses the successful applications according to application assessment criteria specified by Chapter 9 herein The Commisioning authority is entitled to invite experts for the application assessment, who will provide an expert statement on the application submitted by the Candidate Each member of the Commission will assess each submitted application independently in line with the application assessment methodology, and shall grant scores for the criteria P 1 to P 9 for each submitted application of a Candidate. To get the score for each Candidate, the score assigned to the respective Candidate by all Commission members is summed up and the sum is divided by the number of Commission members (five) Candidates having scored the highest result will be shortlisted and invited to submit an offer. Where several Candidates will have achieved equal scores and their assessment will be among the 5 (five) top assessments, the invitation to submit their offers will be sent to a larger number of Candidates. The Commisioning authority will send an invitation to these 23

24 Candidates, and will attach the terms of reference, financial offer template and the draft contract. 9. CANDIDATES' SELECTION CRITERIA AND ASSESSMENT PROCEDURE 9.1. The members of the Commission will grant scores according to the following criteria, and provide a substantiation of the scores granted: Criterion ID Assessment criterion Maximum score Experience of the Candidate during the last five years (2011, 2012, 2013, 2014, and 2015, and 2016 by application submission) Experience of the Candidate in the elaboration of P 1 railway line construction designs max 10 points Candidate's experience in the design of at least 5 km long railway (1435 mm) line with at least two tracks, which are equipped with overhead contact lines and a signalling system according to the European Union railway system's technical specifications for interoperability; P 2 Experience of the Candidate in the elaboration of viaduct construction designs max 10 points Candidate's experience in the design of viaducts with a span of at least 50 m and at least 200 m long, with a vehicular flow underneath. P 3 Experience of the Candidate in the elaboration of railway station construction designs max 10 points Candidate 's experience in the design of a passenger railway station with at least three tracks, with an area of premises of at least 5,000 m 2, and a daily passenger turnover of 10,000. Experience of the key staff proposed by the tenderer during the last five years (2011, 2012, 2013, 2014, and 2015, and 2016 by application submission) P 4 Experience of the Candidate's proposed construction design manager in design max 20 points Experience of the construction design manager in management of the elaboration of a construction design (in the role of a manager of a construction design), where the construction design covers a railway line at least 5 km long with at least 2 railway tracks, or a viaduct, at least 200 m long, with a span of at least 50 m, and with a vehicular flow underneath it. P 5 Experience of the Candidate's proposed bridge designer in design max 15 points experience of the bridge designer in the design of a viaduct, at least 200 m long, with a span of at least 50 m. P 6 Experience of the Candidate's proposed railway track (1435 mm) designer in design max 15 points Experience of the railway track designer in the design of 1435 mm gauge railway line of at least 5 km and with at least 2 tracks, respectively; - technical specifications for interoperability relating to the infrastructure subsystem of the rail system in the European Union, - technical specifications for interoperability relating to accessibility of the Union's rail system for persons with disabilities and persons with reduced mobility P 7 Experience of the Candidate's proposed railway overhead contact lines expert in design max 10 points experience of the railway overhead contact lines designer in the design of railway overhead contact lines according to the technical specifications for interoperability relating to the energy subsystem of the rail system in the European Union. 24

25 P 8 Experience in design of the architect offered by the Candidate max 10 points Architect's experience in the role as the leading architect in the design of a passenger railway station or any other passenger transport terminal, where the area of premises is at least m 2. P 9 Experience of the Candidate's proposed work organisation' project engineer in design max 10 points experience of the work organisation' project engineer in the elaboration of a work organisation programme for viaducts with vehicular flow underneath. Total max 110 points For the assessment sub-criteria P 1, P 2,P 3, P 4, P 5, P 6, P 7, P 8 and P 9, the maximum score of the sub-criterion is given to the Candidate with the largest number of completed projects in line with the requirements. One project may be included under several sub-criteria, if the project presents the experience relevant for the sub-criteria. The score of the other Candidates is calculated according to the following formula: X/Y * P, where: X number of projects indicated by the assessed Candidate; Y largest number of projects indicated by the assessed Candidate; P score for the sub-criterion according to the Regulations. 10. RIGHTS AND DUTIES OF THE COMMISSION The rights and duties of the Commission are specified by the Public Procurement Law and the Regulations: Rights of the Commission: to verify the authenticity of all the information provided by the Candidate; where the Commission establishes that the Supplier has participated in any of the previous procurement project stages, or in the elaboration of procurement procedure documents, before rejecting this Candidate, the Commission allows it to prove that there are no such circumstances, which would provide the Candidate with any advantages in the procurement procedure, thus hindering, limiting, or distorting the competitiveness; to invite for the work in the Commission experts having advisory rights; to request that Candidate clarify the information in writing and provide detailed explanations about their application, and to present the original documents of document copies they have attached to the application, where this is needed to assess the application, and to submit annual reports; to decide on the extension of application submission deadline, by informing the Candidates about that; to carry out other activities according to law and the Regulations Duties of the Commission: following a duly submitted written request by the Candidate, to provide additional information about the procurement documents; 25

26 to review the application submitted by Candidate, which are submitted by the set deadline. 11. RIGHTS AND DUTIES OF THE CANDIDATES The rights and duties of the Candidates are specified by the Public Procurement Law and the Regulations, including: Rights of the Candidate: in due time, to ask the Commission for additional information about the Regulations, provided a written request is submitted; by submitting a request, to ask the Commission to issue a statement on receipt of the request; to appeal the Commission's decision according to procedures stipulated by the Public Procurement Law Duties of the Candidate: each Candidate, by submitting the application, undertakes to observe all and any provisions by the Regulations serving as the basis of the procurement execution; requests for any explanation shall be submitted to the Commisioning authority in writing; Within the terms set by the Commission, to provide written answers and explanations regarding the application in reply to the questions posted by the Commission. 12. MISCELLANEOUS The Commission shall publish information about the procurement on the website of the Commisioning authority: Any spoken information provided within the procurement procedure shall be deemed as not binding All and any costs related to the drafting of the Tender application shall be covered by the Candidate The Regulations are drafted in Latvian on 39 (thirty-nine) pages. The Regulations consist of the regulations wording on 25 (twenty-five) pages and 6 (six) annexes on 14 (twelve) pages, which are an integral part of the Regulations. 13. ANNEXES: Annex 1 Annex 2 Annex 3 Annex 4 Application for participation in the Candidates' selection on 2 p.; Performance description on 8 p.; Candidate's professional experience template, on 1 p.; Information about the education, qualification, and experience of proposed experts, on 1 p.; Annex 5 CV and statement of availability on 2 p.; Annex 6 Tender guarantee (template for the offer) on 2 p. 26

27 Annex 1 to the Candidate' selection regulations of the closed tender procurement identification No. EDZL 2016/2 CEF A P P L I C A T I O N [Note: fill in the blank spaces in this template.] To: SIA Eiropas dzelzceļa līnijas Procurement: Candidates' selection in the closed tender Construction design of Rail Baltica's Airport Riga railway station, related infrastructure, and viaduct Dear Commission, 1. Herewith we, signed below, approve our participation in the Candidate's selection of the Tender. We approve we have read the Regulations and agree with all its provisions, these are clear and understandable, and we do not have any objections against these. 2. Where the Candidate is a Partnership of suppliers: 2.1. entity representing the Partnership of suppliers in the Tender: 2.2. scope of responsibility of each entity: 3. We approve that this offer consists of the attached documents. 4. Herewith we approve that in case the Tenderer will be invited to submit its offer and the Bidder will be granted the rights to conclude the contract, it will not involve individuals in the commissioned works at the reinforced control area of Airport Riga, who have been held criminally liable during the last 5 (five) years till the offer submission date. 5. Information about the Candidate or the entity representing the Partnership of suppliers: 5.1. Title of the Candidate: 5.2. Registered: 5.3. Reg. No.: 5.4. Registered address: 5.5. Office address: 5.6. Contact: (name, surname, signature) 5.7. Phone: 5.8. Fax: address: 27

28 5.10. Taxpayer registration number: Bank: SWIFT: IBAN: Herewith I bear full responsibility for the set of submitted documents, information covered by these, the design of documents, and compatibility with the provisions of the Regulations. The information and data provided are correct. The package of application documents consists of ( ) pages. Signature: Name, surname: Position: The application has been drafted and signed on (date) [Place for a seal] 28

29 Annex 2 to the Candidates' selection regulations of the closed tender procurement identification No. EDZL 2016/2 CEF PERFORMANCE DESCRIPTION 1. General description of the project 1.1. According to the delegation contract No.2015/-77 concluded on 29 December 2015 by and between the Ministry of Transport and the company SIA Eiropas dzelzceļa līnijas, the latter is assigned to carry out procurement procedures, procuring a construction design and construction works for Stage One of European gauge (1435 mm) railway line Rail Baltica in Latvia (hereinafter Project), insofar as it is stipulated by the Funding Agreement No. INEA/CEF/M2014/ of 31 July According to the final report drafted by the general partnership RB Latvija (project Detailed technical study and environmental impact assessment of the Latvian section of the European gauge railway line Rail Baltica, ID Nr.SAM 2012/12 TEN-T), the implementation of Stage One activities of Rail Baltica railway line as stipulated by the Funding agreement shall be done in several phases, covering the design of the central section, Riga passenger station (including a bridge over Daugava) and construction of Rail Baltica's railway stations, related infrastructure and a viaduct at the Airport Riga According to Article 7(1) Point 11 and Article 17(1), and Article 17(2) of the Spatial Development Planning Law, the Latvian National Development Plan for and the Transport Development Guidelines for , and considering the intended activity's approval conditions as part of the environmental impact assessment, the European gauge public use railway infrastructure has been assigned the status of an object of national interest with the Cabinet of Ministers decree No. 468 of 24 August With the Cabinet of Ministers decree No. 467 of 24 August 2016, and according to Article 22 1 of the Railway Law, the Cabinet of Ministers has passed a decision on the intended activity of construction of European standard gauge public use railway infrastructure line Rail Baltica Construction of a fully functional Rail Baltica railway in the section Riga passenger station Airport Riga by the end of Rail Baltica's Airport Riga railway station and related infrastructure: 29

30 2.1. Rail Baltica main route alignment at the Airport Riga foresees a dual through track passenger line at the eastern side of the Airport and a single track cargo line diverting off the main line before the airport Rail Baltica connection to Airport starts at the existing railway partition zone at Zolitūdes Street, crosses K.Ulmaņa Gatve up until the northern part of the Airport, where it is envisaged to locate the rails on an embankment Within the territory of the airport, Rail Baltica shall be elevated at +1 level on a viaduct with a clearance underneath it for road traffic of at least 5.2 m, and a distance between the viaduct piers of 50 m. In the proposed engineering solution, the rail head marks will be located approximately 9 m above the existing earth level. Opposite of the airport terminal, the railway passenger station building shall be located. According to international agreement on the common technical principles of Rail Baltica line, initially a passenger station able to serve 200 m long passenger trains shall be constructed (Stage 1), but place shall be reserved for the opportunity to construct in future a passenger train service infrastructure (incl. a terminal for up to 400 m long passenger trains). The envisaged terminal length for the first development stage is 220 m, with an option to extend it up to 420 m long to serve extended trains. Minimum terminal height, considering the location of tracks and all overhead contact lines, is at least 16 m. At the airport terminal, the cargo track shall be separated off the passenger infrastructure with a wall structure To construct the railway line, several buildings will have to be torn town, since at this place there are no free corridors to construct the Rail Baltica tracks. At the southern side of Airport, before the terminal building, it is planned to extend 2 tracks into 3, where 2 of them will be for passenger transport, and 1 track for cargo transport. 3. Preliminary content of design works 3.1. Within the Commission, the Contractor will elaborate, communicate, and deliver to the Commisioning authority the construction design Construction design of Rail Baltica's Airport Riga railway station, related infrastructure, and viaduct in full amount Within the Commission, the Contractor will have to undertake the following tasks: Study works necessary for the elaboration of the construction design; Elaboration and coordination of the building design in the minimum composition(at Riga City and Marupe municipality); Receiving a construction permit and meeting the conditions listed therein; 30

31 Receiving technical conditions; Elaboration of the construction design and communicating it with the respective authorities according to statutory requirements (at Riga City and Marupe municipality); Author's supervision of the plan The performance description is for information only and will be clarified in the Terms of reference, at the second phase of the procurement. 4. Construction design provisions and rules: 4.1. The following laws and regulations shall be taken into account: Commission Regulation (EU) No 1299/2014 of 18 November 2014 on technical specifications for interoperability relating to the infrastructure subsystem of the rail system in the European Union; Commission Regulation (EU) No 1300/2014 of 18 November 2014 on technical specifications for interoperability relating to accessibility of the Union's rail system for persons with disabilities and persons with reduced mobility; Commission Regulation (EU) No 1301/2014 of 18 November 2014 on technical specifications for interoperability relating to the energy subsystem of the rail system in the Union; Commission Decision No 2012/88/EU of 25 January 2012 on the technical specifications for interoperability relating to the control-command and signalling subsystems of the trans- European rail system (as amended by Commission Decision No 2012/696/EU of 6 November 2012 and Commission Decision No 2015/14 of 5 January 2015); Applicable Latvian and EN standards; German Railway (Deutsche Bahn) guidelines RIL; Engineering solutions agreed with the Commisioning authority Detailed terms of reference, including requirements for relevant engineering studies, will be provided to bidders at the second phase of the procurement. 5. Scope of construction design works: 5.1. Design of an approximately 4 km long railway line (see Figure 1 - Track alignment plan of Rail Baltica Airport railway station): 5.2. Railway infrastructure: Railway on embankment: At the initial section (from Zolitūdes Street, for ~2.4 km the railway is constructed on an embankment, and the crossing of K.Ulmaņa Gatve and some other smaller streets will be in the form of an overpass (including the 31

32 reconstruction of streets and construction of relevant streets) Where necessary, retaining walls shall be built at street crossings and their connections For approximately 1.1 km, the embankment shall accommodate two tracks For the subsequent ~0.7 km, the embankment shall accommodate three tracks with a cargo branch to serve the railway/aviation cargo park of the Airport For the subsequent ~0.6 km, the embankment shall accommodate three tracks Railway viaduct: Railway is built on a viaduct structure for ~ 1.6 km Underneath the viaduct, where it is crossing national and municipal roads and streets, a clearance of at least 5.2 m shall be ensured Underneath the viaduct, where it is crossing private and commercial roads, the minimum height of clearance is agreed individually with the owners during the design works The height of viaduct at the platforms in the Riga airport passenger station shall ensure integrated service of passenger flow with other Airport terminals, especially with the departure area in the main terminal For the subsequent ~0.7 km, the viaduct structure shall be constructed to fit 3 tracks, in the last span a respective widening to divert the cargo track off the passenger tracks shall be constructed For the subsequent ~0.6 km a separate viaduct for the passenger tracks shall be built, which in the middle is integrated with the Airport passenger station, and a separate viaduct for cargo track, which in the Airport passenger station is separated from the passenger tracks For the subsequent ~0.3 km, the viaduct structure shall be constructed to fit 3 tracks, in the first span a respective widening to divert the cargo track off the passenger tracks shall be constructed. The engineering solution shall be designed in a way to continue in the next stage a viaduct structure of the same kind Rail track: All tracks, switches, expansion joints on the embankment shall be built on reinforced concrete sleepers and construction gravel ballast. 32

33 Distance between tracks centres outside stations is planned no less than 4.2 m Distance between tracks centres within stations is planned no less than 4.5 m In the Riga Airport passenger station zone, distance between two outer passenger rail tracks and the cargo track shall be at least 15.2 m In the southern side of the coming viaduct, one crossover connection (1 x 2 switches) between the cargo track and main track shall be built, and in this section an option shall be left open to develop a temporary cross-over connection between both main tracks (1 x 2 switches) At the place where movable support of the railway viaduct will be built, all tracks shall contain extension joints, which compensate for each track the structure extension/reduction due to temperature changes The engineering solution shall be designed in a way to continue in the next stage a structure of the same kind Overhead contact lines network and power supply: An overhead contact line network shall be built for all tracks. The overhead contact line conections (frogs) shall be built also for all track cross-overs To provide back-up power supply for the overhead contact line and railway infrastructure (signalling system trackside devices, swtiches operation and heating, etc.), temporary traction power sub-stations shall be provided along with its connection to the nearest Airport Riga substation, according to technical requirements of AS Sadales tīkls The engineering solution shall be designed in a way to continue in the next stage a structure of the same kind Signalling and telecommunications devices: Under-ground cable boxes along both sides of the tracks shall be built for signalling and telecommunication devices The construction of signalling and telecommunications systems trackside equipment is not planned at this stage Passenger platforms: In the section, which is integrated together with Riga Airport passenger station, 550 mm high and at least 10 m wide passenger platforms with all the relevant access infrastructure and safety equipment shall be built on both sides of the passenger tracks. Passenger platforms shall be covered to protect from precipitation, and shall be 33

34 illuminated and equipped with all the necessary passenger service infrastructure At the elaboration of the construction design, the construction of passenger platforms shall be planned to be done in two stages: At Stage 1, at least 220 m long passenger platforms are built at the southern side of Riga Airport passenger station, At Stage 2, the residual passenger platform section with the total length of at least 420 m (incl. platforms constructed at Stage 1) at the northern side of Riga Airport passenger station Related infrastructure: Major infrastructure Power transmission lines The construction design shall provide for engineering solutions to cross a 110 kv overhead line with an optical overhead line, and 330 kv overhead line, to ensure their compatibility with the technical requirements issued by the infrastructure owner/holder and with the National Construction Standard LBN Location of engineering networks Gas pipelines The construction design shall provide for engineering solutions for the reconstruction of gas-distributing system, to ensure their compatibility with the technical requirements issued by the infrastructure owner/holder and with the National Construction Standard LBN Location of engineering networks Other infrastructure The construction design shall provide for an option to ensure their compatibility with the technical requirements issued by the infrastructure owner/holder and with the National Construction Standard LBN Location of engineering networks The construction design shall provide for engineering solution for the reconstruction of: Optical, communications, and signalling cables of Latvijas Dzelzceļš, Optical and communication cables, kv and 20 kv overhead and cable lines, Lighting and other overhead/ cable lines, Water pipeline. Sewage and rainwater sewage network, Drainage system; streets, gas pipelines, 34

35 other engineering communications and infrastructure to be moved. Station building in 4 levels with a car park, and a construction area of approximately 15,000 m 2, and the total area of up to 50,000 m 2, which accommodates the car park and premises related to passenger flow and service on Level 1-3 in the area of ~6,000m 2, and on Level 4 covered railway platforms and tracks are located. The station building shall provide a connection with the Airport terminal other design works related to the elaboration of the construction design. 6. General conditions for the cooperation with Commisioning authority 6.1. During the elaboration of the construction design, regular meetings at least twice a month shall be held, and considering the respective stage in the elaboration of the construction design, the meeting shall be attended by the nominated Contractor's experts in accordance with approved time schedule; 6.2. Working language is Latvian, the construction design shall be drafted in 2 languages Latvian and English. 35

36 TRACK ALIGNMENT PLAN OF RAIL BALTICA AIRPORT RAILWAY STATION Figure 1 36