Additional Equipment for the Production Process - 4

TENDERING DOCUMENTATION

FOR

Additional equipment for the production process - 4

Reference number: IUB-10-4-ROB

Financed Under European Regional Development Fund

TABLE OF CONTENTS

1.GENERAL INFORMATION

1.1.Contracting Authority

1.2.Contact details

1.3.Tender reference

1.4.List of economic operators with whom the Contracting Authority is considered to be in a conflict of interest......

1.5.Estimated value of procurement

1.6.Type of public procedure and type of Contract

2.CONTRACT SPECIFICATIONS

2.1.Supplies to be provided

2.2.Number and titles of lots

2.3.Quantities......

2.4.Technical Specifications

2.5.Financial offer

2.6.Place of acceptance

2.7.Time limits for delivery

3.PARTICIPATION CRITERIA

4.EXCLUSION CRITERIA

6.SUITABILITY CRITERIA FOR THE ECONOMIC OPERATORS (selection criteria)

6.1.Legal and business capacities and documentary evidence

6.2.Minimal financial standing, technical and professional suitability criteria and supporting documentation......

7.DATA ON THE TENDER

7.1.Content and submission of tender

7.2.The way of submitting tenders

7.3.Alternative tender (variant)

7.4.Alteration or withdrawal of tenders

7.5.Submission of tenders

7.6.Determining tender prices

7.7.Award criteria

7.8.Tender validity period

8.OTHER PROVISIONS

8.1.Provisions concerning groups of tenderers (Consortia)

8.2.Provisions on subcontracting

8.3.Guarantees...

8.4.Date, time and place for the delivery of offers and public opening

8.5.Documents to be returned to the tenderers

8.6.Special Conditions of the Contract and other provisions

8.7.Deadline for the adoption of the award decision

8.8.Payments....

8.9.Additional information before the deadline for submission of tenders and modification of tender documentation

8.10.Costs of preparing tenders

8.11.Confidentiality of the documentation of economic operators

8.12. Legal remedies

ANNEXES

1. GENERAL INFORMATION

1.1.Contracting Authority

Contracting Authority: POD proizvodnjaopruga d.o.o.

Address: Dežanovac 234, 43500 Dežanovac, Croatia

OIB/Identification/ Registration Number:03398907795

PDV ID/ VAT identification number:HR03398907795

Phone: +385 43 381 214

Fax: +385 43 381 330

Web:

E-mail:

The following applies to this procurement:

a)Law on the Establishment of Institutional Framework for Utilization of EU Structural Instruments in the Republic of Croatia (OG 78/12, 143/13, 157/13)

b)Common National Rules approved by the Ministry of Regional Development and EU Funds, in line with Law on the Establishment of Institutional Framework for Utilization of EU Structural Instruments in the Republic of Croatia, Annex 1 of the Rule number 02 - Conditions for the Preparation and Implementation of Projects, Version 4.0. of August 2013.

1.2.Contact details

Contact person: Simona Nerad

Phone:+385 98 305 803

Fax:+385 43 381 214

E-mail:

1.3.Tender reference

IUB-10-4-ROB

1.4.List of economic operators with whom the Contracting Authorityis considered to be in a conflict of interest

Within the meaning of Article 13 of the Public Procurement Act (OG 90/11, 83/13, 143/13, 13/14) and the principle of avoidance of conflict of interest prescribed in the Annex 01 of Common National Rule 02, the Contracting Authority is considered to be in the conflict of interest with the following economic operators:

1. Klasterpoljomehanizacije d.o.o.
2. Sam Cro d.o.o.

1.5.Estimated value of procurement

55.604.71 EUR, VAT excluded.

1.6.Type of public procedure and type of Contract

This supply contract is to be procured through procedure with the publication of the ProcurementNotice in the Official Gazette of the Republic of Croatia OG (Narodnenovine - NN).

1. CONTRACT SPECIFICATIONS

2.1.Supplies to be provided

The subject of the Contract is thesupply and deliveryof the following:

No. / TITLE / CPV CODE
1 / TESTING MACHINE / 38424000-3 Measuring and control equipment

2.2.Number and titles of lots

This procedure is not divided into lots.

2.3.Quantities

No. / TITLE / QUANTITY
1 / TESTING MACHINE / 1

2.4.Technical Specifications

Technical Specifications can be found in Annex II and are integral part of this tender dossier.

In order for the offer to be technically compliant the offered Items must comply with all requirements as listed in the Technical Specifications.

2.5.Financial offer

Financial offer can be found in Annex III and is an integral part of this tender dossier.

2.6.Place of acceptance

The place of acceptance of the supplies shall be:

POD proizvodnjaopruga d.o.o.

Dežanovac 234, 43500Dežanovac, Croatia,

and the Incoterm applicable shall be DDP (Delivery Duty Paid) as per Incoterms 2010 of International Chamber of Commerce.

2.7.Time limits for delivery

The successful tenderer shall deliver the supplies within (delivery period is calculated from the date of signature of the contract, unless Special Conditions of the contract stipulate differently):

No. / TITLE / TIME LIMIT FOR DELIVERY
1 / TESTING MACHINE / 4 MONTHS

The time limits for implementation of the Contract are defined in Article 4 of the Special conditions (annex IV of the tender dossier).

1. PARTICIPATION CRITERIA

Tendering is open to all natural or legal persons participating either individually or in a grouping (consortium) of tenderers. Tendering is also open for international organizations.

1. EXCLUSION CRITERIA

The economic operators shall be excluded from participation in this tender if they are in any of the following situations:

1) Theeconomic operator hasbeenconvicted for criminalact or hasbeenconvictedconcerningtheprofessionalconduct, based on nationallegalprovisionsofthecountryofestablishment.

2)Economic operator failed to fulfilltheobligation to pay all outstandingtaxliabilitiesandcontributions for pensionandhealthinsurance, unlesstheeconomic operator wasgranteddelayedpaymentofthesaidobligationunderspecialregulations.

3)Economic operator hassubmittedfalseinformation at the time ofsubmittingdocuments on thebasisofwhichit is determinedwhether or nottheeconomic operator shallbeexcludedfromparticipation.

4)Economic operator is bankrupt, it is beingwoundup or is inanystageofthebankruptcyproceeding, itsaffairs are beingadministeredby a persondesignatedbythecompetentcourt, ithasenteredintoarrangementwithcreditors, ithassuspendeditsbusinessactivities, or is in a similar procedure underthenationalregulationsofthecountryinwhichtheeconomic operator is established.

5)Economic operator hascommittedgraveprofessionalmisconduct, whichtheContractingAuthoritycan prove byanymeans, inthepreviousthreeyearsup to thecommencementofthepublicprocurement procedure.

For the purpose of proving it is not in the situations described under points 1-5 of this Article,the economic operator shall submit the tender statement which makes Annex 5 to this tender dossier.

However, the Contracting Authority reserves the right, in every moment until making an award decision:

1. For proving economic operator is not in the situations under point 1 of this Article:

-to invite the economic operator to submit in the tenderan extract from the criminal record of the state in which the economic operator is established and/or the state of citizenship of the person authorised under law to represent the legal person of the economic operator, and if such a record does not exist or is impossible to obtain, an equivalent document issued by the competent judicial or administrative authority of the state in which the economic operator is established and/or the state of citizenship of the person authorised under law to represent the legal person of the economic operator.

-if in the state in which the economic operator is established and/or the state of citizenship of the person authorised under law to represent the legal person of the economic operator the documents referred to above are not issued, are impossible to obtain or if they do not include all the criminal acts referred to in above, they may be replaced by a declaration on oath or a corresponding declaration made by the person who is authorised under law to represent the legal person of the economic operator before the competent judicial or administrative Authority or the notary public or the competent professional or trade body in the state in which the economic operator is established and/or in the state of citizenship of that person.

-extractsor documents or statements may not be older than six months of the date of publication of Contract Notice.

1. For proving economic operator is not in the situations under point 2 of this Article:

- to invite the economic operator to submit in the tender a certificate issued by the tax authority concerning the state of debt or an equivalent document issued by the competent authorities of the country in which the economic operator is established, which may not be older than 30 days of the date of publication of Contract Notice.

-if the document referred to in paragraph above is not issued in the country in which the economic operator is established, it may be replaced by a declaration on oath or a corresponding declaration made by the person who is authorised under law to represent the economic operator before the competent judicial or administrative Authority or the notary public or the competent professional or trade body in the country in which the economic operator is established, which may not be older than 30 days of the date of publication of Contract Notice.

1. For proving economic operator is not in the situations under point 3 of this Article:

- where there is doubt as to the truthfulness of the information in the presented documents or declarations by the economic operators referred to above, the Contracting Authority may address the competent authorities to obtain information concerning the situation of economic operators concerned, and where the economic operator concerned is established in another state, the Contracting Authority may seek cooperation of the competent authorities.

1. For proving economic operator is not in the situations under point 4 of this Article:

- to invite the economic operator to submit in the tender an extract from the judicial, trade or other relevant register of the country in which the economic operator is established, and if such a record does not exist, an equivalent document issued by the competent judicial or administrative authority in the state in which the economic operator is established. Extracts or documents may not be older than three months of the date of publication of Contract Notice.

if the documents referred to in paragraph above are not issued in the country in which the economic operator is established or are impossible to obtain, or do not contain all relevant information, they may be replaced by a declaration on oath or a corresponding declaration made by the person who is authorised under law to represent the economic operator before the competent judicial or administrative authority or the notary public or the competent professional or trade body in the country in which the economic operator is established. The declaration may not be older than 30 days of the date of publication of Contract Notice.

1. Grave professional misconduct within the meaning point 5 of this Article involves proceeding by the economic operator in carrying out its professional activity contrary to respective regulations, collective agreements, codes of professional conduct or public procurement contracts awarded, which is of such a nature that it makes such an economic operator unsuitable and unreliable party to the public procurement contract that the contracting Authority intends to award or conclude. Grave professional misconduct in performing the public procurement contract means such conduct of the economic operator that results in significant and/or repeated deficiencies in the performance of a substantive requirements under the contract which lead to its early termination, damages or other comparable consequences. The existence of grave professional misconduct shall be proven by the Contracting Authority on grounds of objective evaluation of circumstances of each particular case.

In the case of a group of tenderers or candidates, the circumstances referred to above shall be established for all members of the group separately. The offer made by group of tenderers must contain requested documentation on the basis of which it can be determined whether the candidates must be excluded.

1. SUITABILITY CRITERIA FOR THE ECONOMIC OPERATORS (selection criteria)
   Economic operator must prove that it has sufficient legal, financial, economic, technical and professional capacity to implement the tasks of the Contract with the following documentary evidence to be submitted with the tender:

5.1.Legal and businesscapacities and documentary evidence

The economic operator must prove its legal and business capacity with the following documentary evidence to be submitted with the tender:

Registration in the judicial, trade or other relevant register of the country in which the economic operator is established

The registration in the register is proven through extract from the judicial, trade or other relevant register of the country in which the economic operator is established and if such a record does not exist, an equivalent document issued by the competent judicial or administrative authority in the state in which the economic operator is established. Extracts or documents may not be older than three months of the date of publication of Contract Notice.

5.2.Minimal financial standing, technical and professional suitability criteria and supporting documentation

The economic operator must prove its financial standing, technical and professional suitability in the following manner:

1. The economic operator must prove that it has, in the last three years from the date when the Contract Notice was published, successfully completed at least 1contract in the following fields:

No. / TITLE / FIELD IN WHICH SUITABILITY IS REQUIRED
1 / TESTING MACHINE / Measuring and control equipment

Successfully completed contract must have had a budget of at least that of estimated value of procurement.

Economic operator must submit a list of supply contracts completed in the last three years from the date of publication of Contract Notice.

This list must contain the following data: the type and amount of delivered goods and date of completed delivery, and the name of the other party, Contracting Authority or private subject.

An economic operator may, where appropriate and for a particular Contract, rely on the capacities of other entities, regardless of the legal nature of the links among them. In this case the economic operator must prove to the Contracting Authority that it will have at its disposal the resources necessary, for example, by producing an undertaking by those entities to that effect. Under the same conditions, a group of tenderers may use the capacities of members of the group of tenderers or other subjects.

5.3.Suitability criteria for group of tenderers (consortia)

In the case of a group of tenderers or candidates, all members of the group shall prove their capacity by submitting the registration in the register proven through extract from the judicial, trade or other relevant register of the country in which the economic operator is established, and all members of the group of tenderers must prove their mutual financial, technical and professional standing.

1. DATA ON THE TENDER

6.1.Content and submission of tender

The tenders, all correspondence and documents related to the tender must be written in English. Exceptionally, documents can be in Croatian language; if language is not English or Croatian, translation into English must be attached. When submitting their tender an economic operator must examine carefully and comply with all instructions, forms, Contract provisions and specifications contained in this tender documentation. Economic operator cannot amend or complement the text of this tender documentation.

The tender must, as a minimum, contain:

1. A completed bid sheet (Annex 1 to this tender dossier),

1. The documents whereby the tenderer proves there are no reasons for the exclusion as defined under point 4 of this tender documentation (Annex 5 to this tender dossier, filled and signed from legal representative/s of the economic operator). Other documents shall be submitted upon request.
2. The required proof of suitability as defined under point 5 of this tender documentation

1. Technical specifications (filled in annex 2 to this tender dossier),

1. Financial offer (filled in annex 3 to this tender dossier),

Other requirements:

The tenders shall be submitted on paper (in hard copy).

6.2. The way of submitting tenders

The tender, in a sealed envelope, shall be submitted (either by hand delivery or by registered mail) to the following address:

The following shall be indicated on the front of the tender envelope:

The following name and address:

Contracting Authority: POD proizvodnjaopruga d.o.o.

Address: Dežanovac 234, 43500Dežanovac

File reference number of procurement: IUB-10-4-ROB

The name of the procurement: “Additional equipment for the production process - 4”

Words: „DO NOT OPEN“

The following shall be indicated on the back of the tender envelope:

name and address of the economic operator (tenderer)

For hand delivered tenders the economic operator shall be given a receipt.

6.3.Alternative tender (variant)

Alternative tender (variant) is not allowed.

6.4.Alteration or withdrawal of tenders

Tenderers may alter their tenders by written notification prior to the deadline for submission of tenders. No tender may be altered after this deadline.

Any such notification of alteration must be prepared and submitted in the same way as the original tender. The outer envelope must be marked ‘Alteration’.

Tenderers may also withdraw their tenders by written notification prior to the deadline for submission of tenders. Withdrawals must be unconditional and will end all participation in the tender procedure.

Any such notification of withdrawal must be prepared and submitted in the same way as the original tender. The outer envelope must be marked ‘Withdrawal’. In such case, unopened envelope shall be returned to the tenderer.

6.5.Submission of tenders

Documents required under point 6 of this tender dossiermay be submitted in an uncertified copy. An uncertified print-out of an electronic document also represents uncertified copy.

Where there is doubt as to the truthfulness of the information in the presented documents or declarations by the economic operators referred to in this Article, the Contracting Authority may, in order to verify the truthfulness of the information:

• request the tenderer to deliver originals or certified copies of specific documents
• address competent authorities to obtain information concerning the situation of economic operators concerned

Before adopting the award decision, the Contracting Authoritymay request the best tenderer to whom it intends to award the Contract, to submit the originals or certified copies of all those documents (certificates, documents, statements, authorisations, etc.) that were required and are being issued by the competent authorities. In the case the economic operator has already submitted the originals or certified copies thereof in its tender, it shall not be obligated to submit them again.

6.6.Determining tender prices

Tender price is fixed and may not be amended in the period of Contract duration. Tender price must exclude Value Added Tax (VAT) and must include all costs and discounts (such as costs of manufacture, delivery, transport and unloading, installation, commissioning, maintenance, after-sales services, etc.). Supplies must be delivered DDP (Delivered Duty Paid, Incoterms 2010 International Chamber of Commerce

In the Financial offer (Bill of quantities), tenderers must state unit prices, net of VAT, and total price, net of VAT (rounded to 2 decimal places), for each item.

Tender prices must be stated in EUR, net of VAT, and expressed in figures.

Value of the public procurement Contract concluded on the basis of this procurement procedure shall be expressed in EUR.

In the process of examination and evaluation of tenders, tender prices net of VAT shall be compared.

6.7.Award criteria

The award criteria shall be the lowest price.

6.8.Tender validity period

Tender validity period shall be minimum 30 days from the deadline for submission of tenders. Tenders not satisfying mentioned criterion shall be rejected.