Creation of System for Community Supervision of Probation Clients by Applying Technical

Approved on:

Procurement Commission meeting

on4th November 2014

(with amendments approved

on Procurement Commission meeting

on 29th December2014),

Chairman of the Procurement Commission

I.Jurevičius

OPEN TENDER

„Creation of System for Community Supervision of Probation Clients by Applying Technical Measures”

BYLAWS

!!! this is unofficial translation from Latvian language and State probation service of latvia is not responsible for quality of translation. procurement process is regulated by latvian legislation and bylaws on Latvian LANGUAGE. IN CASE OF ANY CONTRADICTIONS BETWEEN THE LATVIAN AND ENGLISH VERSION OF THE BYLAWS, THE LATVIAN TEXT OF THE BYLAWS SHALL PREVAIL !!!

Procurement identification No.

VPD 2014/11

Riga, 2014

I INSTRUCTIONS FOR TENDERERS .

1. GENERAL INFORMATION ...... p.4

2. TENDERER SELECTION REQUIREMENTS, REQUIREMENTS FOR ECONOMIC AND FINANCIAL CONDITION OF TENDERER, TECHNICAL AND PROFESSIONAL CAPABILITIES OF TENDERER AND INVOLVED PERSONNEL...... p.8

3. DOCUMENTS TO BE SUBMITTED FOR TENDERER SELECTION ...... p.11

4. TECHNICAL OFFER ...... p.14

5. FINANCIAL OFFER ...... p.15

6. EVALUATION OF THE TENDER ...... p.15

7. PROCUREMENT CONTRACT AND CONTRACT GUARANTEE...... p.17

8. REPLACEMENT PROCEDURE OF SUBCONTRACTORS, PERSONNEL INVOLVED BY THE TENDERER AND THE PROCEDURE OF INVOLVEMENT OF SUBCONTRACTORS IN THE PERFORMANCE OF THE CONTRACT ...... p.18

9. RIGHTS AND OBLIGATIONS OF THE PROCUREMENT COMMISSION ...... p.18

10. RIGHTS AND OBLIGATIONS OF THE TENDERER ...... p.18

II TECHNICAL SPECIFICATION ...... p.20

III DRAFT PROCUREMENT CONTRACT ...... p.48

IV FORMS FOR PREPARATION OF THE TENDER ...... p.64

SECTION I

INSTRUCTIONS FOR TENDERERS

GENERAL INFORMATION

1.1. Procurement identification number – VPD 2014/11

1.2. Contracting Authority:

Name of the Contracting Authority / State Probation Service of Latvia
Project No.LV08/1 “Increasing the Application of Alternatives to Imprisonment (Including Possible Pilot Project on Electronic Surveillance” (hereinafter referred to as Project)
Address / Dzirnavu Street 91, Riga, LV-1011, Latvia
Reg. No. / 90001625082
Contact person / Imants Jurevicius, Project Manager, phone: +371 67244866,Cell: +371 28327586, e-mail: .

1.3.Object of the procurement:

Creation of system for community supervision of probation clients by applying technical measures, ensuring provision of service of technical monitoring of probation clients, according to requirements of Technical Specification (hereinafter referred to as System).

This procurement will result in a procurement contract (hereinafter referred to as the Contract) between the State Probation Service of Latvia (hereinafter referred to as the Contracting Authority) and tenderer chosen by the Procurement Commission of Project (hereinafter referred to as the Contractor).

CPV (Common Procurement Vocabulary) code– 75242000-4 Public law and order services, 75241000-7 Public security services, 48000000-8 Software package and information systems, 72200000-7 Software programming and consultancy services, 72250000-2 System and support services, 72230000-6 Custom software development services, 32200000-5 Transmission apparatus for radiotelephony, radiotelegraphy, radio broadcasting and television.

Total planned contractual amount – 2905648 EUR (two millions nine hundred five thousands six hundred forty eight euro), value added tax (hereinafter referred to as the VAT) excluded.

1.4.Provision of the Service:

1.4.1.The Contractor in accordance with the Technical Specification(Section II of the bylaws):

1.4.1.1. Shall createthe monitoring centre,including delivery of operating system of server, software of data base server, software of electronic monitoring and other necessary equipment, exceptdelivery of work stations, furniture, IP telephones, mobile phones and server;

1.4.1.2. Shall rent electronic monitoring bracelets, base stations, installation tool sets, install software and ensure maintenance service, including provision of solution for cleaning bracelets (hereinafter referred to as electronic monitoring).

1.5.Pursuant to rules laid down in the bylaws of the open tender “Creation of System for Community Supervision of Probation Clients by Applying Technical Measures” (hereinafter referred to as the Tender) the supplier may submit only one tender regarding the entire object of the procurement. Tenderers are not allowed to submit variants of their tenders.

1.6.Deadlines:

No. / Activity / Date / Time
1.6.1. / Final tender submission deadline / 02.02.2015. / 13:00
1.6.2. / Planned meeting to open tenders / 02.02.2015. / 13:00

(with amendments on 29th December 2014)

1.7.Disclosure of bylaws:

Bylawsare accessible within premises of Contracting Authority, Dzirnavu Street 91, 3rd floor, 311th cab., Riga, during working days from 8:30 to 16:00 o’clock by applying for a visit in advance by phone: +371 67244866, cell: +371 28327586, and on the website of the Contracting Authority ( Aktualitātes/Publiskieiepirkumi).

1.8.Additional information about the bylaws:

1.8.1. Interested suppliers have the right to request additional information about the bylaws in Latvian or in English languages. These requests shall be submitted in writing by mail to the address of Contracting Authority:Dzirnavu Street 91, Riga, LV-1011, or by e-mail to .

1.8.2. Information requests shall have an indication: For the Open Tender “Creation of System for Community Supervision of Probation Clients by Applying Technical Measures”, procurement identification No. VPD 2014/11.

1.8.3. If the interested supplier has requested additional information in due time regarding the requirements included in the procurement procedure documents in relation to the preparation and submission of tenders or selection of candidates, the Contracting Authority shall provide it within 5 (five) days, but no later than 6 (six) days before the tender submission deadline. When sending additional information to the interested supplier, who asked the question, the Contracting Authority shall at the same time publish this information on its website ( in section Aktualitātes/Publiskieiepirkumi), also specifying the question asked. Additional information shall be provided by the Contracting Authority in Latvian and English languages. In case of any contradictions between the Latvian and English version of the additional information, the Latvian text of the additional information shall prevail.

1.8.4. If the Contracting Authority has amended the bylaws, the Contracting Authority shall publish this information on its website ( in section Aktualitātes/Publiskieiepirkumi) and on Publication Management System of the Procurement Monitoring Bureau.

1.9. Submission and opening of tenders:

1.9.1. Tenderers may submit tenders until the date and time specified in Paragraph 1.6.1 of the bylaws, submitting them in person to the Contracting Authority in its premises:Dzirnavu Street 91, 3rdfloor, 311th cab., Riga, during Contracting Authority’s working days from 8:30 to 16:00 o’clock, or sending it by mail. If the tender is submitted in person, the visit should be arranged in advance by phone: +371 67244866, cell: +371 28327586. Tenders shall be delivered to the address specified in this Paragraph within the deadline specified in Paragraph 1.6.1 of the bylaws.

1.9.2. The tenders, what have not been presented in such a way to prevent the availability of the information included in the tender until the tender opening time, or what have been received after the last submission deadline, shall not be accepted and shall be returned to the submitter.

1.9.3. The Tenderer may withdraw its tender before the tender submission deadline by appearing in person at the tender storage location in premises of the Contracting Authority: Dzirnavu Street 91, 3rdfloor, 311th cab., Riga, and withdrawing its tender, or by sending a withdrawal notice to the Contracting Authority by mail. The Tenderer may amend its tender before the tender submission deadline by appearing in person at the tender storage location in premises of the Contracting Authority:Dzirnavu Street 91, 3 thfloor, 311th cab., Riga, and replacing its tender, or by sending a new tender to the Contracting Authority by mail. If the tender is amended, the time of the last submission shall be considered the time of submission of the tender.

1.9.4. Tenders shall be opened at premises of the Contracting Authority:Dzirnavu Street 91, 3 thfloor, 311th cab., Riga, on the date and time specified in Paragraph 1.6.2 of the bylaws, except in the case specified in Clause 83 (51)of the Public Procurement Law.

1.9.5. If in the case specified in Clause 83 (51) of the Public Procurement Law a complaint regarding the requirements included in the bylaws or the notice regarding the contract has been submitted, the Contracting Authority shall publish information on its website ( in section Aktualitātes/Publiskieiepirkumi) regarding cancellation of the meeting for opening of tenders and shall not open the submitted tenders:

1.9.5.1. If the Application Examination Commission created by the Procurement Monitoring Bureau allows to conclude the Contract and maintains validity of the requirements set forth in the bylaws or the decision of the Contracting Authority or the procurement commission, or the administrative case is terminated, the Contracting Authority shall publish information on its website ( in section Aktualitātes/Publiskieiepirkumi) regarding the place and time of opening of tenders, as well as notify the Tenderers thereof at least 3 (three) business days in advance;

1.9.5.2. If the Application Examination Commission created by the Procurement Monitoring Bureau prohibits conclusion of the Contract and cancels the requirements set forth in the bylaws or the decision of the Contracting Authority or the procurement commission in full or in part, or assigns the Contracting Authority to terminate the Tender, the Contracting Authority shall not open the submitted tenders and shall issue or send them back to the Tenderers.

1.10. Meeting between interested suppliers:

1.10.1. The Contracting Authority shall organize the meeting between interested suppliers on 3rdDecember 2014 at 10:00 a.m. at Dzirnavu Street 91, 4th floor (conference room), Riga. Meeting between interested suppliers shall be conducted on Latvian language.

1.10.2. The Contracting Authority shall organize the meeting between interested suppliers, if at least 20 (twenty) days before the tender opening date it has received written propositions from at least 2 (two) interested suppliers to organize a meeting between interested suppliers.

1.10.3. The Contracting Authority shall provide additional information and answer the questions asked during the meeting. The meeting will be recorded in the minutes. The meeting between interested suppliers shall be conducted on Latvian language.

1.11. Tender presentation:

1.11.1. The Tenderer shall submit 1 (one) original tender and1 (one) copy, which are placed into separate sealed envelopes indicating respectively “ORIGINAL” or “COPY” and then put them together in one sealed package specifying:

1.11.1.1. Name and address of the Contracting Authority;

1.11.1.2. Name and address of the Tenderer;

1.11.1.3. An indication “Tender for the Open Tender “Creation of System for Community Supervision of Probation Clients by Applying Technical Measures”, procurement identification No. VPD 2014/11;

1.11.1.4. An indication “Do not open until the tender opening meeting on 2nd February 2015, 13:00 o’clock”.

(with amendments on 29th December 2014)

1.11.2. The tender consists of 3 (three) parts:

1.11.2.1. Tenderer selection documents;

1.11.2.2. Technical offer;

1.11.2.3. Financial offer.

1.11.3. The technical offer and the financial offer shall be submitted also electronically (on an electronic data carrier).

1.11.4. All documents of the tender shall be bound together (stringed through). All pages of the tender shall be numbered, and their numbers shall correspond to the table of contents. The number of pages shall be certified with a signature of the Tenderer or Tenderer’s authorized person. If the Tenderer submits a copy (copies) of documents, then, for example, by bounding together (stringing through) tender, the Tenderer shall certify that copy/-ies of the document/-s correspond to original/-s with a certification inscription (an indication “TRUE COPY/-IES”, signature of the person certifying the document, print name, name of place and date).

1.11.5. The tender shall be prepared in Latvian or, if the tender is submitted by a foreign legal or individual person, in the English language according to requirements of procurement bylaws and legislation, as well as according to the document samples attached to the procurement bylaws. If offer is submitted in other language there must be attached certified translation into English or Latvian. In such case translation of document is determinant document during review of tender. Tenderer is responsible for conformity of translation with original.

1.11.6. If and when the Tenderer submits (a) translation(s) of the document/-s, then the Tenderer shall certify that the translation/s of the document/s correspond to theoriginal/s, for example, the Tenderer shall certify when the tender is bound together (stringing through). The certification inscription should be presented as follows:

1.11.6.1. Words “THE TRANSLATION IS CORRECT” in capital letters;

1.11.6.2. Name, surname and personal code (if any) of the translator;

1.11.6.3. Signature of the translator;

1.11.6.4. Name of the certification place;

1.11.6.5. Date of certification.

1.11.7. If the application for participation in the Tender (Paragraph 3.1 of the bylaws) is signed by an authorized person of the Tenderer, the Tenderer’s selection documents shall include document certifying his/her rights to represent the Tenderer.

1.11.8. If the tender is submitted by an association of persons, the tender shall state the person, who represents the association of persons in the Tender and has the authority to sign Tender-related documents.

1.12. Tender guarantee

1.12.1. By submitting a tender, Tenderer shall submit Tender Guaranteein amount of 58112,96 EUR (fifty eight thousands one hundred twelve euro and ninety six cents).

1.12.2. Tenderer is entitled to submit the tender guarantee as a bank guarantee or insurance policy:

1.12.2.1. The Tender guaranteeas a bank guarantee must be issued by a credit institution, its branch or branch of foreign credit institution,registered in Latvian Republic or another European Union or the European Economic Area Member State, whichaccording to legislation of theLatvian Republic[1]provide services within territory of the Latvian Republic, preferably by usingForm 2.1. in Section IV of the bylaws. Tender guarantee shall be prepared by taking into consideration terms prescribed in Form 2.1. in Section IV of the bylaws.

(with amendments on 29th December 2014)

1.12.2.2. The Tender guarantee as an insurance policy must be submitted, preferably, by using Form 2.1. in Section IV of the bylaws. Validity of insurance policy shall be certified with insurance premium payment document. Insurance policy must not contain restrictive rules.

(with amendments on 29th December 2014)

1.12.3. The Tender guarantee shall be in effect for the shortest of the following time periods:

1.12.3.1. six months counting from the day when tenders were opened;

1.12.3.2. until the day when the selected Tenderer submits contract guarantee,if Tenderer’s tender has been selected in accordance with the tender selection criterion;

1.12.3.3. until the entering into the procurement contract.

1.12.4. The provider of guarantee shall disburse tender guarantee to the Contracting Authority, if:

1.12.4.1.the Tenderer withdraws his or her tender during the period of validity of the tender guarantee;

1.12.4.2.theTenderer whose tender has been selected in accordance with the tender selection criterion within the time period specified by the Contracting Authority has not submitted the contract guarantee provided for in the Contract;

1.12.4.3.the Tenderer whose tender has been selected in accordance with the tender selection criterion does not sign the Contract within 15 (fifteen) days after announcement about conclusion of contract was sent.

1.13. If it is necessary to take into consideration a commercial secret in relation to the subject-matter of procurement or individual parts thereof, the supplier shall indicate that in tender.
2. TENDERER SELECTION REQUIREMENTS, REQUIREMENTS FOR ECONOMIC AND FINANCIAL CONDITIONOF TENDERER, TECHNICAL AND PROFESSIONAL CAPABILITIES OF TENDERER AND INVOLVED PERSONNEL.

2.1. The Contracting Authority excludes a Tenderer from participation in the Tender in any of the following cases:

2.1.1. Pursuant to Clause 391(1) Paragraph 1 of the Public Procurement Law, by the court judgment or prosecutor’s penal prescription what has entered into force and has become indisputable and non-appealable, the Tenderer or the person, who is Tenderer’s member of the board, or member of the council, or head clerk, or the person, who is authorized to represent the Tenderer in the actions, which are related to its branch, is found guilty of the following criminal offenses:

a) accepting bribes, giving bribes, misappropriation of a bribe, intermediation in bribery, unauthorised receipt of benefits or commercial bribery,

b) fraud, misappropriation or money laundering,

c) evasion of tax payments and payments equivalent thereto,

d) terrorism, financing of terrorism, encouragement of terrorism, terrorist threats or recruitment and training of persons for the commitment of acts of terror;

2.1.2. Pursuant to Clause 391(1) Paragraph 2 of the Public Procurement Law, by a decision of a competent authority or a court judgment which has entered into force and has become indisputable and non-appealable, the Tenderer is found guilty of a violation consisting in:

a) employment of one or several citizens or nationals of the countries which are not members of the European Union, if those illegally stay on the territory of member states of the European Union,

b) employment of a person without concluding a written employment contract, without submitting an informative declaration about employees to be submitted about the persons starting employment within the deadline set forth in tax legislation;

2.1.3. Pursuant to Clause 391(1) Paragraph 3 of the Public Procurement Law, by a decision of a competent authority or a court judgment which has entered into force and has become indisputable and non-appealable, the Tenderer is found guilty of the violation of the competition rights consisting in a vertical agreement the purpose of which is to restrict the buyer’s possibility to determine the resale price, or a horizontal cartel agreement unless the competent authority has secured the Tenderer immunity from fines or has reduced the amount of the fine for cooperation within the framework of a leniency program when discovering the violation of the competition rights;

2.1.4. Pursuant to Clause 391(1) Paragraph 4 of the Public Procurement Law, insolvency proceedings with regard to the Tenderer commenced, the Tenderer’s economic activity is suspended or interrupted, proceedings are initiated regarding the Tenderer’s bankruptcy or it is stated that the Tenderer is being liquidated;

2.1.5. Pursuant to Clause 391(1) Paragraph 5 of the Public Procurement Law, the tenderer has tax debts, including state mandatory social security contribution debts, in Latvia or in the country where it is registered or permanently residing in, of which the total amount in any of the countries exceeds 150 euro;

2.1.6. Pursuant to Clause 391(1) Paragraph 6 of the Public Procurement Law, the Tenderer has provided false information to certify its compliance with provisions of Clause 391 of the Public Procurement Law, or the Tenderer has provided false information to certify its compliance with the qualification requirements laid down in the bylaws in accordance with the Public Procurement Law, or has failed to provide the required information.

2.1.7.Pursuant to Clause 391(1) Paragraph 7 of the Public Procurement Law, the member of the personal company, if the Tenderer is a personal company, is subject to the conditions referred to in Paragraphs 2.1.1, 2.1.2, 2.1.3, 2.1.4, 2.1.5 or 2.1.6 of the bylaws;

2.1.8.Pursuant to Clause 391(1) Paragraph 8 of the Public Procurement Law, the subcontractor specified by the Tenderer, in the case that the value of provided services of the subcontractor is at least 20 percent of the total value of the procurement contract, is subject to the conditions referred to in Paragraphs 2.1.2, 2.1.3, 2.1.4, 2.1.5 or 2.1.6 of the bylaws;