REQUEST FOR TENDERS IN THE PROCEDURE FOR AWARDING PUBLIC SERVICES CONTRACTS AS SET OUT IN ANNEX II. B OF THE PUBLIC PROCUREMENT ACT

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1 CROATIA CONTROL LTD. REQUEST FOR TENDERS IN THE PROCEDURE FOR AWARDING PUBLIC SERVICES CONTRACTS AS SET OUT IN ANNEX II. B OF THE PUBLIC PROCUREMENT ACT TRAINING OF AIR TRAFFIC CONTROLLERS Rating Training ADI/ADV/TWR/RAD/AIR/GMC/GMS E - VV 14/15 December 2015 Page 1 of 14

2 1. CONTRACTING AUTHORITY INFORMATION 1.1. General Contracting Authority Information a) Name: Croatia Control Ltd. b) Registered office: Rudolfa Fizira 2, Velika Gorica c) Postal address: Zagreb-Airport, POB 45 d) VAT No e) Tel.: ; Fax: f) Web: g) Procurement ref. No.: E-VV 14/ List of economic operators with whom the Contracting Authority is in the conflict of interests Pursuant to Article 13 of the Public Procurement Act (Official Gazette, No 90/2011, 83/2013, 143/2013 and 13/14 - Decision of the Constitutional Court of the Republic of Croatia), Croatia Control as a public contractor announces that it may not sign public procurement contracts with the following economic operators (as tenderers, members of a group of tenderers or subcontractors of the selected contractor): Anova istraživanja d.o.o., Rokov perivoj 1, Zagreb, VAT No SUBJECT MATTER OF THE PROCUREMENT AND TECHNICAL SPECIFICATIONS Description of the training course for air traffic controllers and duration: Air traffic controllers training for Aerodrome Control Instrument, ADI and Aerodrome Control Visual, ADV rating and Tower Control, Aerodrome Radar Control, Air Control, Ground Movement Control and Ground Movement Surveillance (TWR/RAD/AIR/GMC/GMS) rating endorsement, i.e. Rating Training ADI/ADV/TWR/RAD/AIR/GMC/GMS. The training shall be performed for 2 trainees. The Tenderer shall fill in the Tender Form the information on the duration of course (not shorter than 12 weeks) as well as on the commencement date and ending date of the course (starting date January 18, 2016). The training shall be performed in accordance with approved Training Plan and Programme in accordance with the Compliance Matrix - Appendix 3. Tenders not meeting all requirements specified in the Compliance Matrix - Appendix 3 shall be rejected by the Contracting Authority. All necessary course and exam materials shall be in English. Place of performance: Service Provider's site. CPV : Specialist training services. 3. ESTIMATED PROCUREMENT VALUE HRK ,00 (total); HRK ,00 (for this procurement) Page 2 of 14

3 4. CONTRACT AWARD CRITERIA The lowest Tender and mandatory compliance with all requirements specified in the Compliance Matrix - Appendix REQUIREMENTS TO BE MET BY THE TENDERERS Any documents required by the Contracting Authority in this Section may be submitted by the Tenderers in uncertified copies. Uncertified printout of a document in electronic format shall also be considered as uncertified copy. In the case of doubt in the accuracy of information mentioned in documents submitted by the Tenderers pursuant to Articles 67 to 74 of the Public Procurement Act, the Contracting Authority may for the purpose of checking the authenticity of information: - request from the Tenderer to send the originals or certified copies thereof within the adequate period of time; and /or - contact the issuer of documents and /or competent authorities. Before making any decision on the selection, the Contracting Authority may request from the best Tenderer with whom it intends to conclude the public procurement contract the delivery of originals of certified copies of one or more documents requested pursuant to Articles 67 to 74 of the Public Procurement Act. If the economic operator has already delivered in the offer certain originals or certified copies, he is not obliged to send them again. The Tenderers shall submit the following: a) Evidence of legal and business capacity - Certificate of inscription in a court, trade, professional or another appropriate register of the country in which the economic operator is established. If in the country in which the economic operator is established such certificate of inscription in register is not being issued, then the economic operator shall submit the signed statement certified by a competent body. The aforementioned proof (certificate or statement) shall not be older than three months of the date of commencement of the public procurement procedure. In case of a Group of Tenderers, each member of the Group shall individually prove its capacity as per the first paragraph above. - Air traffic controller training organisation's certificate issued by the competent authority of the EU Member State of domicile in accordance with the Compliance Matrix - Appendix 3. b) Training Plan and Programme as set out in the Compliance Matrix. c) The Training Plan and Programme approval. Tenderers may submit their Training Plan and Programme approval either as separate documents (in the form of approval, authorisation, etc.) or as a component part of the Certificate of the training organisation (in which case such Certificate shall include a specification of approved courses). Page 3 of 14

4 6. TENDER DATA 6.1 Tender contents The Tender shall include: - Completed Tender Form (Appendix 1) - Evidence of qualification/eligibility - Completed Schedule of Prices (Appendix 2) - Completed Compliance Matrix Form and evidence of compliance with the requirements from the Appendix 3 - Fixed Price Statement (Appendix 4) - Statement of Submission of Performance Security (Appendix 5) - Statement of Acceptance of All Terms and Conditions Set Forth in the Request for Tenders (Appendix 6) - Training organisation's certificate, issued by the competent authority of the EU Member State of domicile - Training Plan and Programme - Training Plan and Programme approval 6.2 Tender drawing-up method: The Tender shall be bound together to make a single whole and to prevent any subsequent sheet extraction or insertion (secured with a thread and with the Tenderer's official seal affixed on the back of the last sheet). The Training Plan and Programme shall be identified by its title, included in the Tender contents as its integral part and submitted with the Tender. Tender pages shall be numbered to show page number and the total number of pages. The Tender shall be submitted in one original and one copy, with all evidence of compliance with the requirements from the Request for Tenders. The Tender shall be written in indelible ink. Any corrections in the Tender shall be made in a visible and traceable manner. Corrections shall be dated and authenticated by the signature of the Tenderer. The Tenderer shall complete, sign and stamp the Tender Form (Appendix 1), Schedule of Prices (Appendix 2), Compliance Matrix Form (Appendix 3), Fixed Price Statement (Appendix 4), Statement of the Submission of Performance Security (Appendix 5) and the Statement of Acceptance of All Terms and Conditions Set Forth in the Request for Tenders (Appendix 6). 6.3 Tender Price and Currency The Tender Price shall be expressed in figures. The Tenderer shall specify in its Tender the Tender Price exclusive of VAT, VAT amount* and the Tender Price inclusive of VAT. The Tender Price exclusive of VAT shall take into account all costs and discounts. The Tenderer shall insert unit price and total amount of each item of the Schedule of Prices. Items included in the Schedule of Prices are described in detail and any addition or deletion shall not be permitted. The Schedule of Prices shall bear the Tenderer's seal and the signature of the Tenderer s authorized representative. The Tender price shall be firm and fixed. The Tender Price shall be denominated in Euros. Page 4 of 14

5 The Tenderer shall convert the amounts in EUR into HRK counter-value. The conversion shall be done on the basis of the middle current rate for the conversion of Croatian kuna into Euro in force on the day of sending the Request for Tenders for publication (December 7, 2015). *If the Tenderer is not subject to the Value Added Tax System in the Republic of Croatia or if the subject matter of the procurement is exempt from the Value Added Tax, in the line Tender Price with VAT of the Tender Form, the same amount as specified in the line Tender Price without VAT shall be inserted while the line VAT Amount shall be left blank. 6.4 Terms and conditions of payment The services shall be paid upon performed service - completion of the training, within 30 (thirty) days from the receipt of the relevant invoice. Invoices shall be issued on first day of a month for the services-training performed in the preceding month. All evidence related to actual costs of training, transport and accommodation for the previous month shall be attached to the invoice, and the certificates on completion the course should be attached to the final invoice. 6.5 Language and script of the Tender: The Tender and the pertaining documents shall be drawn up in English in Latin script. If any of the required evidence/documents is written in a language other than English, the Tenderer shall enclose its English version, translated and certified by a registered court interpreter. 6.6 Tender validity term Tender validity term shall be 90 (ninety) days from the Tender opening date. 7. DEADLINE FOR TENDER SUBMISSION AND TENDER OPENING DATE Tenders shall be received by the Contracting Authority by December 22, 2015 at 12:00h local time. Tender opening shall take place on December 22, 2015 at 12:00h local time at the Contracting Authority's registered office: Croatia Control Ltd., Rudolfa Fizira 2, Velika Gorica. There shall be no public opening of Tenders. 8. TENDER SUBMISSION ADDRESS AND METHOD The Tender shall be submitted either by registered mail to the Contracting Authority's address: Croatia Control Ltd., Zagreb-Airport, POB 45 or by hand to the Contracting Authority's Registry Office at Rudolfa Fizira 2, Velika Gorica, Room 112/1st Floor with identification: Tender for Rating Training ADI/ADV/TWR/RAD/AIR/GMC/GMS. The Tender shall be submitted in writing, in a sealed envelope bearing the Contracting Authority s name and address, Tenderer's name and address, description of the relevant subject matter of procurement, procurement reference number and the warning DO NOT OPEN. Within the Tender submission period, the Tenderer may, by a duly signed statement, make subsequent amendments to its Tender or withdraw its Tender. Any amendment and or written Tender withdrawal notice shall be submitted in the same way as the original Tender and shall be clearly identified as Tender amendment or Tender withdrawal notice. 9. WEBSITE The Request for Tenders has been published on the Contracting Authority's website: Page 5 of 14

6 10. DATE OF PUBLICATION OF THE REQUEST FOR TENDERS ON THE CONTRACTING AUTHORITY WEBSITE December 7, CONTRACTING AUTHORITY'S CONTACT PERSONS Ivica Pivić, Head of Human Resources Management Phone: ivica.pivic@crocontrol.hr 12. SECURITIES A Performance Security is required by the Contracting Authority and the Tenderer shall submit a statement confirming that it will submit such Performance Security in the form of an irrevocable, unconditional Bank Guarantee, payable on first demand and without recourse, for 10% (ten per cent) of the Contract Price, valid until April 30, 2016 (sign and stamp the Form in Appendix 5 of the Tender Documents). 13. ESSENTIAL TERMS AND CONDITIONS OF CONTRACT The essential terms and conditions of Contract are as follows: - Payment terms and conditions as set out in Section 6.4 of the present Request; - Place of performance as set out in Section 2. of the present Request; - Starting/completion dates as set out in Section 2. of the present Request; - Participation of the Contracting Authority s Instructor in the course of simulator training; - The Contracting Party shall carry out the quality control of the services provided by the services provider; - Issuing of the Progress Report on the trainees after each phase of training and testing; - Settlement of disputes: The Parties shall endeavour to settle amicably any disputes. Should such amicable settlement proves impossible, the Parties shall refer the dispute to arbitration in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce, by three arbitrators appointed in accordance with the said Rules. The arbitration procedure shall take place in Zagreb, Croatia. During the arbitration procedure, the official language shall be English. 14. TIME LIMIT FOR THE ADOPTION OF A DECISION ON THE CONTRACT AWARD OR ANNULMENT OF THE PUBLIC PROCUREMENT PROCEDURE The Decision on the contract award or on the annulment of the public procurement procedure shall be made by the Contracting Authority within 45 (forty-five) days from the deadline for Tender submission. The Decision on the contract award or on the annulment of the public procurement procedure with a copy of Minutes on review and assessment of Tenders will be delivered to each Tenderer in a verifiable manner (delivery receipt, return receipt, report on successful delivery via telefax, electronic document, publication in Electronic Public Procurement Classifieds, where the delivery is considered to be carried out by the expiry of the date of publication). Page 6 of 14

7 15. CLARIFICATION OF TENDER DOCUMENTS During the period for Tender delivery, economic operators may send their requests for additional information and explanations related to the Tender documents on the address: to the attention: Authorized representatives for the implementation of public tender for Rating Training ADI/ADV/TWR/RAD/AIR/GMC/GMS, E-VV 14/15. During the period for Tender delivery, economic operators may request explanations and changes related to tender documentation, and the Contracting Authority shall publish the reply on the same web pages on which the basic documentation is available, without explicitly mentioning the information on the entity filing the request ( If the request was delivered timely, the Contracting Authority shall publish the response not later than during the sixth day before the day which is the deadline for Tender delivery. The request is timely if delivered to the Contracting Authority not later than during the eighth day before the day which is the deadline for Tender delivery. 16. LEGAL RECOURSE Appeals, if any, shall be lodged in writing with the State Commission. Simultaneously with the submission of the appeal to the State Commission, the Appellant shall submit, by traceable means, a copy of the appeal to the Contracting Authority. The appeal shall be lodged: - within 10 (ten) days from the date of the contract notice, in respect of the content of the Request for Renders and supplementary documentation, if any, Tender review, Tender evaluation and contract award procedures; or if no previous notice on the intention to sign the Contract has been published by the Contracting Authority: - within 10 (ten) days from the date of receipt of the contract award decision or cancellation decision, in respect of the content of the Request for Tenders and supplementary documentation if any, Tender review, Tender evaluation and Contract Award procedure or the reasons for cancellation. 17. GOVERNING LAW To any matter not specifically mentioned herein, the provisions of the Public Procurement Act (Official Gazette No. 90/11, 83/13, 143/13 and 13/14) and of the Regulation on the Methodology for Drawing up and Handling Tender Documents and Tenders (Official Gazette 10/12), as modified and amended by the date of the publication of this Invitation for Tenders, shall apply. Page 7 of 14

8 Appendix 1 TENDER FORM 1. Name and registered office of the Contracting Authority Croatia Control Ltd. Velika Gorica, Rudolfa Fizira 2 2. Name and registered office of the Tenderer Address: VAT No.: Account No.: Tenderer subject to VAT system (YES/NO): Postal address: Tenderer's authorised representative: Tenderer's contact person: Telephone: Fax: Page 8 of 14

9 T E N D E R For Subject matter of the procurement In the amount of Tender Price without VAT in EUR Air Traffic Controllers Rating Training ADI/ADV/TWR/RAD/AIR/GMC/GMS for 2 (two) trainees E-VV 14/15 (Insert amounts in figures) VAT* amount in EUR Tender Price with VAT in EUR Course duration: weeks (not shorter than 12 weeks) Starting date (January 18, 2016) Completion date 2016 (completion date to be filled in) Place of performance: Service Provider's site. Tender validity: We agree to abide by this Tender for a period of 90 (ninety) days from the Tender opening date, and it shall be binding upon us and can be accepted at any time before the expiry of this period. In Date Signature and seal: Name: Title: Duly authorised to sign on behalf of (Name of the Tenderer) *If the Tenderer is not subject to the Value Added Tax System in the Republic of Croatia or if the subject matter of the procurement is exempt from the Value Added Tax, in the line Tender Price with VAT the same amount as specified in the line Tender Price without VAT shall be inserted while the line VAT Amount shall be left blank. Page 9 of 14

10 SCHEDULE OF PRICES Appendix 2 Item No Service description Tuition fee* for Rating Training ADI/ADV/TWR/RAD/AIR/GMC/GMS Accommodation costs** during the Rating Training at the Service Provider s site, i.e. 2 single rooms on the basis of bed and breakfast (minimum two star facility - standard: hostel type. Public transport costs** from the accommodation facility to the Service Provider's site (local transfer) for 2 trainees during the training (if necessary). Hotel accommodation costs for 1 (one) CCL s instructor during his stay and participation in the training at the Service Provider's site - on bed & breakfast basis (standard three star facility) *** Public transport costs for 1 (one) CCL s instructor** Quantity (number of trainees/ lump sum) 2 Lump sum Lump sum Lump sum Lump sum Unit price (in EUR) Amount (in EUR) Total: * The tuition fee shall include: - All necessary materials for the course and exams, - Certificates to be issued to the trainees upon the completion of the course, - English language endorsement certificates, - ATCO-student licences issued by the National supervisory Authority of the domicile of Service Provider. ** The Tenderer shall specify in its Tender the type of accommodation offered under Item No. 2 of this Schedule of Prices, as well as the breakdown of the local transfer costs under Item No. 3 and 5, as well as the type of transfer (e.g. bus, minibus etc.). *** The accommodation costs under Item No.4 relate to the accommodation category of a minimum 3-star facility, on the bed-and-breakfast basis. Final actual costs of training, transfer and accommodation shall be specified in relevant invoices upon the completion of the services. Should the actual costs differ from the estimated ones, the total price shall be adjusted accordingly. In Date Signature and seal: Name: Title: Duly authorised to sign on behalf of (Name of the Tenderer) Page 10 of 14

11 No. Description of requirements Compliance Matrix R-01 Training Plan and Programme for Rating Training ADI/ADV/TWR/RAD/AIR/GMC/GMS developed in accordance with EUROCONTROL document "Specification for the ATCO Common Core Content Initial Training, Edition 2 (2015)" and compliant with the Rules for Air Traffic Controllers' Licences, Ratings and Endorsements (Official Gazette No. 75/2013, 142/2013, 109/2014) and Commission Regulation (EU) 2015/340 of 20 February 2015 laying down technical requirements and administrative procedures relating to air traffic controllers' licences and certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, amending Commission Implementing Regulation (EU) No 923/2012 and repealing Commission Regulation (EU) No 805/2011 (hereinafter: Regulation (EU) 2015/340). The Tendered shall deliver its Training Plan and Programme pursuant to this requirement. R-02 Training Plan and Programme shall be approved by the regulatory authority of the country of domicile of the training organisation. The Tenderer must submit the approval as a separate document (certificate decision etc.) or as an integral part of the Certificate of the Training Organisation (in which case the Certificate shall include a specification of approved courses). R-03 The Tenderer shall submit the Training Organisation's Certificate issued by the competent authority of the EU Member State of domicile, pursuant to the provisions of Commission Regulation (EU) No. 2015/340. R-04 The duration of Rating Training ACS/RAD course shall not be less than 12 weeks (to be filled in Tender Form - Appendix 1). R-05 The instructors conducting the Rating Training course shall have at least 3 years experience in carrying out of OJT training courses. The Tenderer shall deliver the licences containing the rating OJT Instructor Rating for all instructors participating in the aforementioned training. R-06 The Course Manager shall have at least 5-years experience as a training manager. R-07 The major part of the exercises shall take place on 3D TWR simulator The number and type of exercises shall be specified in the Training Plan and Programme. R-08 Minimum 10% of exercises shall be performed on 3D 360 TWR simulator. R-09 The number and type of exercises shall be specified in the Training Plan and Programme. In the course of training, the trainees shall have the opportunity to visit the TWR. The planned visit to the TWR shall be specified in Training Plan and Programme. R-10 The Trainees who successfully complete the training course shall be issued the certificate on completed training. R-11 The Tenderer shall issue to the trainees Language Endorsement Certificate. R-12 The Trainees who successfully complete the training course shall be issued the ATCOstudent licence by the relevant authority of the Tenderer's country of domicile. Appendix 3 Complied with YES NO Tenders not meeting all the requirements listed in the Compliance Matrix shall be rejected by the Contracting Authority. In Date Signature and seal: Name: Title: Duly authorised to sign on behalf of (Name of the Tenderer) Page 11 of 14

12 Appendix 4 STATEMENT THAT THE QUOTED PRICES ARE FIRM & FIXED It is hereby confirmed that the prices quoted for each item of the Schedule or Prices in the public procurement procedure for the Air Traffic Controllers Rating Training ADI/ADV/TWR/RAD/AIR/GMC/GMS, public procurement Ref. No. E-VV 14/15, shall remain firm and fixed and shall not be subject to any variation. In Date Signature and seal: Name: Title: Duly authorised to sign on behalf of (Name of the Tenderer) Page 12 of 14

13 Appendix 5 STATEMENT OF THE SUBMISSION OF PERFORMANCE SECURITY We hereby declare that, if our Tender shall be selected as the most favorable, we shall submit attached to the signed contract for the procurement of Air Traffic Controllers Rating Training ADI/ADV/TWR/RAD/AIR/GMC/GMS, Ref. No. E-VV 14/15 an irrevocable and unconditional Performance Security for an amount corresponding to 10% of the Contract Price, payable on the first demand and without the right to objection, valid until the April 30, In Date Signature and seal: Name: Title: Duly authorised to sign on behalf of (Name of the Tenderer) Page 13 of 14

14 Appendix 6 STATEMENT OF ACCEPTANCE OF ALL TERMS AND CONDITIONS STATED IN THE REQUEST FOR TENDERS We hereby declare that we, as a Tenderer in the tendering procedure for awarding the public services contract as set out in Annex II. B of the Public Procurement Act for training of air traffic controllers Rating Training ADI/ADV/TWR/RAD/AIR/GMC/GMS, Ref. No. E - VV 14/15, have read and fully understood all terms and conditions of the Request for Tenders. We furthermore declare that we accept all terms and conditions stated in this Request for Tenders and we undertake that, should our offer be selected, we shall carry out the subject matter of the procurement pursuant to the provisions of this Request for Tenders. In Date Signature and seal: Name: Title: Duly authorised to sign on behalf of (Name of the Tenderer) Page 14 of 14