Procurement Number : insert number> – Title: <insert title

Insert your logo and name of the Contracting Authority

PREQUALIFICATIONDOCUMENT

Restricted procedure/Negotiated procedure with publication of Contract Notice

1st phase

Date of preparation of the Prequalification Document:

< insert date >
Procurement No[1] / / / / / / / / / / /

Title: <insert title of the procurement activity>

THIS DOCUMENT IS COMPOSED OF FIVE PARTS:

Part I: General Part

Part II: Instructions to Applicants

Part III: Qualification Criteria

Part IV: Application Submission Form

Part V: Annexes

This document has been prepared in Albanian andSerbian [and English] language.

[In the event that there is a discrepancy among the language versions, and the English version has been prepared, the English version shall control].

Response to the Request for Prequalification

< Name and address of potential tenderer >

SUBJECT: INVITATION TO PARTICIPATE for Prequalificationon the procurement activity <insert title

Thank you for your interest regarding the participation on the above-mentioned procurement activity.

Further to your request please find enclosed the documents, which constitute the Prequalification Document.

You are expected to examine carefully all parts and sections of this document and its annexes and to comply with all requirements and conditions contained therein.

We, as Contracting Authority, will not accept any reservation.

No costs incurred by you in preparing and submitting the application will be reimbursed and no liability shall be incurred by the Contracting Authority in case the procedure is cancelled.

We look forward to receiving your applications at the address specified in the “Instruction to applicants”, Part II point II.I, of this prequalification documents, before <date & time of deadline>.

Failure to submit your application to the contracting authority, within the deadline specified and/or not in compliance to all requirements set in this document shall be rejected and shall not be qualified.

You may prepare and submit your application in Albanian, Serbian or English language.

If you decide not to submit your application, we would be grateful if you could inform us in writing, stating the reasons for your decision.

Yours sincerely,

Name and first name: ______

Signature: ______

TABLE OF CONTENT

PART I:GENERAL PART

PART II:INSTRUCTIONS TO APPLICANTS

II.1Contracting Authority Identification

II.2Scope of the proposed contract

II.3Additional Information

II.4Amendment of Prequalification Document

II.5Time limit and place of submission of Application

II.6Documents comprising the Application

II.7Signing of the Application and Number of copies

II.8Agreement establishing a group of Economic Operators

II.9Subcontracting

II.10Opening of Applications

II.11Confidentiality

II.12Clarification of Applications

II.13Evaluation of Applications

II.14Notification of Prequalification

II.15Invitation to Bid

II.16Complaints

PART III:Qualification Criteria

III.1 ELIGIBILITY of economic operators (according to Section 61 of the PPL):

III.2 Professional suitability requirements(according to Section 62 of the PPL):

III.3 Economic and financial standing requirements (according to Section 63 of PPL):

III.4 Technical and/or professional capability requirements (according to Section 64 of PPL):

III.5) Inspection of technical and/or professional capacities

PART IV:APPLICATION SUBMISSION FORM

1.SUBMITTED BY

2.REQUEST TO PARTICIPATE

3.LIST OF DOCUMENTS REQUIRED

PART V:ANNEXES

ANNEX 1. CONTRAT NOTICE

ANNEX 2 - ELIGIBILITY CRITERIA

ANNEX 3. REQUEST FOR CONFIDENTIALITY

ANNEX 4. REQUEST FOR ADDITIONAL INFORMATION

ANNEX 5. EXPLANATION AND WRITTEN DETERMINATION

PART I:GENERAL PART

In this entire document you are referred as the “Economic Operator”, “Applicant”or the “tenderer”.

The issuer of this document is referred to as the “Contracting Authority”.

“Application” means submission of documents in order to be pre-qualified.

The legal basis of this [restricted]/ [negotiatedafter the publication of notice] procedure is the Law on Public Procurement in Kosovo, Law No. 02/l-99, as amended by Regulation No.2007/20 that has entered into force on 6 June 2007,(further in the text: Law).

The contracting authority considers that use of the [restricted]/[negotiated after the publication of notice] procedure is both appropriate and authorized by the present law for the reasons and factors set out in the “Explanation and written determination for choice of award procedure”setout in Part V, ANNEX 5.

The purpose of the Prequalification process is to permit interested Economic Operators to submit applications to be considered for inclusion on the list of qualified Economic Operators to be invited to tender for the procurement activity.

The procurement process will be conducted in two phases:

In the first phase of the procedure, qualification phase, economic operators are requested to meet the conditions for participation and the selection criteria determined in this document. Request to participate will be evaluated on the basis of the criteria determined in thisdocument. The purpose is to qualify companies capable of carrying out such type of assignments.

In the second phase of the procedure, the tendering phase, all qualified economic operators will receive the “invitation to tender” and will be invited to submit their tenders on the basis of the tender specification provided in the invitation to submit a tender “Tender Dossier”.

PART II:INSTRUCTIONS TO APPLICANTS

II.1Contracting Authority Identification

Name of CA:
Address of CA:
Town: / Postal Code:
Electronic address:(if applicable) :
Contact person: / E-mail:
Telephone: / Fax:

II.2Scope of the proposed contract

Outline the requirement in sufficient detail to give applicants a clear picture of the nature and the scope of the contract including the estimated quantities during the contract period

II.3Additional Information

Prospective applicants are allowed to make a written request to the Contracting Authority for additional orclarifying information which they believe is needed to prepare or submit an application. Such a request must be received by the Contracting Authority at the latest on:

<Insert date>

Such a request may be made by use of the request form (Part V, ANNEX4) and submitted to the Contracting Authority by electronic means, letter or fax.

Any clarification issued by the Contracting Authority will be communicated simultaneously in writing to all the applicants.

II.4Amendment of Prequalification Document

At any time prior to the deadline for submission of Applications, the Contracting Authority may amend the Prequalification Document by issuing addenda.

Any addendum issued shall be part of the Prequalification Document and shall be communicated in writing to all who have obtained the Prequalification Document directly from the Contracting Authority.

To give prospective Applicants reasonable time in which to take an addendum into account in preparing their Applications, the Contracting Authority may, at its discretion, extend the deadline for the submission of applications.

II.5Time limit and place of submission of Application

Applications shall be received by the Contracting Authority at the latest:

Date: / insert date) / Time: / insert time / Place: / insert place

II.6Documents comprising the Application

The Application shall comprise the following documents:

  1. Application Submission Form(ASF) -The Applicant shall prepare the ASF using the form provided in Part 4ApplicationSubmission Form.
  1. If an application is submitted by a group of economic operators, the group is required to nominate one of the members of the group as the contact economic operator, and submit with its application:
  2. a signed original of the agreement establishing the groupand
  3. a clear statement that all members of the group are jointly and severally liable to the Contracting Authority during the prequalification process and, in the event the group is prequalified, during the tendering process, and in the event the group is awarded the Contract, during the contract execution and that the group will assume a legal form.
  1. Documentary evidence establishing the Applicant’s eligibility to prequalify -The Applicant shall complete (sign and stamp) the Declaration under Oath in Part 5, ANNEX2.
  1. Documentary evidence establishing the Applicant’s professional suitability, economic and financial standing and professional and technical capability – The Applicant shall provide the evidence requested in Part III Qualification Criteria.

II.7Signing of the Application and Number of copies

Applications must comply with the following conditions:

(i)All pages shall be JOINED and NUMBERED;

(ii)All applications must be submitted in one original, placed in one separate envelope marked “Original”, and <insert number> copies signed in the same way as the original and placed each one in separate envelopes marked “Copy”. The applicant shall quote the Procurement Number and name and address of the applicant on the front page of each one of the envelopes. The envelopes shall then be sealed in an outer envelope bearing only:

a)the address of the place for submission of applications

b)the Procurement Number

c)the words “Do not open beforeinsert tender opening date and time”.

d)the name and address of the applicant.

(iii)One of the submitted copies will be kept unopened by the Contracting Authority.

If the envelope is not sealed and marked as required, the Contracting Authority will assume no responsibility for the misplacement of the application.

II.8Agreement establishing a group of Economic Operators

If an application is submitted by a group of economic operators, the group is required to nominate one of the members of the group as the contact economic operator, and submit with its application a signed original of the agreement establishing the group. All members of the group shall be jointly and severally liable to the contracting authority during the prequalification process and, in the event the group is prequalified, during the tendering process, and in the event the group is awarded the Contract, during the contract execution. In case the contract is awarded to such group, the group will be required to assume a legal form.

II.9Subcontracting

Applicants shall state whether they intend to subcontract parts or elements of the Contract. If an Applicant intends to subcontract any part of the contract then the proposed subcontractors shall be clearly identified. Such Subcontractor(s) shall meet the eligibility requirement to pre-qualify and provide documentation of business registration. At the time of tendering, the applicant shall use in its tender only Subcontractor(s) prequalified during the prequalification exercise.

II.10Opening of Applications

Every applicant has the right to have a representative present to observe the opening of applications, which takes place:

Date: / insert date) / Time: / insert time / Place: / insert place

During the opening, the Contracting Authority will read out loud only the name and the address of the applicant.

All this will be recorded in the minutes of the opening meeting, which shall be signed by the Procurement Officer and by all participants in the process of the opening session. Copies of such minutes shall immediately be distributed to all applicants.

II.11Confidentiality

Information relating to the evaluation of Applications, and recommendation for prequalification, shall not be disclosed to Applicants or any other persons not officially concerned with such process until the notification of prequalification is made to all Applicants.

II.12Clarification of Applications

To assist in the evaluation of Applications, the Contracting Authority may, at its discretion, ask any Applicant for a clarification of its application which shall be submitted within a stated reasonable period of time. Any request for clarification and all clarifications shall be in writing.

If an Applicant does not provide clarifications of the information requested by the date and time set in the Contracting Authorities’ request for clarification, its Application shall be rejected.

II.13Evaluation of Applications

Timely received applicationswill be examined and evaluated according to the requirements of the Prequalification Document.

AllApplicants, including their proposed subcontractors, whose applications have been determined responsive to the requirements of the Prequalification Document or exceeded the specified criteria will be prequalified by the Contracting Authority.

II.14Notification of Prequalification

Once the Contracting Authority has completed the evaluation of the Applications it shall notify all Applicants in writing of the names of those applicants who have been prequalified.

II.15Invitation to Bid

Promptly after the notification of the results of the prequalification, the Contracting Authority shall invite bids from all the Applicants that have been prequalified.

Tenderers may be required to provide bid security and performance security for an amount which will be specified in the Tender Dossier.

II.16Complaints

Pursuant to Section 105.1 of the Law for Public Procurement in Kosovo (Law No. 02/L-99, promulgated with Regulation 2007/20), a complaint may be submitted by an interested party at any stage of any procurement activity and with respect to any act or omission of the concerned Contracting Authority that is alleged to be in violation of the present law, or acts issued in its implementation.

A complaint may be filed in writing at the Procurement Review Body (PRB), address:

Street Garibaldi, Prishtina, Kosovo

and simultaneously a copy of the complain shall be dispatched at the most expeditious way to the Contracting Authority. The Standard form of the complaint can be downloaded from: or

The complaints procedure is established by the provisions of TITLE VIII of the Public Procurement Law in Kosovo, Law No.02/L99.

PART III:Qualification Criteria

Applicants have to meet the following requirements. Any failure in any requirement will eliminate their applications from the competition.

III.1 ELIGIBILITY of economic operators(according to Section 61 of the PPL):

  1. An economic operator shall not be eligible to participate in a procurement activity or in performance of a public contractif such economic operator, or any employee, executive, manager or director thereof:
  1. participated in the preparation of the concerned contract notice or tender dossier, or any part thereof,being used by the concerned contracting authority ; or
  1. received assistance in preparation of its tender or requests to participate from a person or undertaking who or that participated in the preparation of the concerned contract notice or tender dossier, or any part thereof.
  1. An economic operator shall not be eligible to participate in a procurement activity or in the performance of any public contract if such economic operator, or any executive, manager or director thereof, has,in the past ten years:
  2. has been determined by a court of competent jurisdiction to have committed a criminal or civil offence involving corrupt practices, money laundering, bribery, kickbacks or activities described, or similar to those described, in Section 117.1 of the Law, under the laws or regulations applicable in Kosovo or any country, or under international treaties or conventions;
  1. has s been declared ineligible, by reason of conduct such as that described above, by any bank, institution or organization providing funds for general development, public investment or reconstruction;
  1. has been determined by a court of competent jurisdiction to have committed a serious offence by participating in the activities of a criminal organization, defined as structured association established over a period of time and operating in a concerted manner to achieve financial gain through activities that are criminal or otherwise illegal where they take place;
  1. has been determined by a court of competent jurisdiction to have committed an act of fraud or an act equivalent to fraud;
  1. has been determined to have engaged in unprofessional conduct by a court of competent jurisdiction, administrative agency or organization responsible for enforcing standards of professional conduct, or
  2. has been determined by the PRB or a court of competent jurisdiction to have made serious interpretation to any public authority in Kosovo or any jurisdiction;
  1. A economic operator shall not be eligible to participate in a procurement activity or in the performance of any public contract if the economic operator:
  1. has in the past two (2) years, been adjudged to be bankrupt or insolvent by court of competent jurisdiction or is currently the subject of proceedings: (i) for a declaration of bankruptcy, (ii) for an order for compulsory winding up or administration by the court of competent jurisdiction;
  1. is being wound up or administered, or its affairs are being wound up or administered, by a court of competent jurisdiction;
  1. currently has in place an agreement or arrangement with its creditors providing for extended or reduced terms of payment if such terms were agreed to by such creditors because the economic operator had previously been unable to satisfy its obligations as they came due;
  1. is in any situation analogous to a, b or c above arising from a similar procedure under the laws of its place of establishment or of a place where it conducts business;
  1. is currently the subject of a judicial or administrative order suspending or reducing payments by or to such economic operator and resulting in the total or partial loss of the economic operator ’s right to administer and/or dispose of its property;
  1. is currently the subject of a judicial or administrative proceedings that may result in judicial or administrative order suspending or reducing payments by or to such tenderer if such proceedings may also result in the economic operator being adjudged bankrupt or insolvent;
  1. has, in the past three years, been adjudged by a court of competent jurisdiction to have seriously breached a contract with any public entity, public authority or public undertaking in Kosovo or elsewhere;
  1. is currently delinquent in the payment any social security contributions in Kosovo or the tenderer’s country of establishment is more than thirty (30) days delinquent in the payment of any amount owed to a public service operator in Kosovo for water, electricity, gas or heat;

i.is currently delinquent in the payment of taxes in Kosovo or the tenderer’s country of establishment; or

  1. has not yet complied with an order issued by the PRB or a review panel;
  1. has a place of business in Kosovo but do not/does not have a current or valid certificate of registration issued by the Kosovo Registry of Business Organizations and Trade Names.

Time limits set in this section, are related to the period that immediately precede publication date of the contract notice.

In order to prove that the economic operator is eligible to participate in the procurement procedure the economic operator should submit the following documentary evidence:

a.for situations referred to point 1 a) the b) a written declaration signed by the tenderer in the form attached in Part V, ANNEX 2.

b.for situations referred to point 2 items a), c), d) and e) and point 3 items a), b) and d), a proof issued by a competent judicial or administrative authority of the tenderer’s country of establishment.

c.for situation referred to in point 3. h) and k) a certificate issued by the competent authority or public operator attesting that such situation does not exist. Proofs regarding point 3 h) and k) can be requested by the candidate or the tenderer whom contracting authority intends to award the contract. These documents must be submitted by the candidate or the tenderer prior to the contract award. Failure to submit such documents, the contract will not be awarded to him.

d.for situation referred to in point 3 i) a proof issued by Tax administration of place of establishment of economic operator, that the mentioned economic operator is not delinquent in the payment of taxes at least until the last quarter of the year [prior to the publication date of Contract Notice].