For the Award of a Public Service Contract by Open Procedure

Štefanova ulica 2, 1501 Ljubljana

F: 01 428 47 33

Number: 430-595/2014/4

Date: 6. 6. 2014

CONTRACT DOCUMENTS

for the award of a public service contract by open procedure

for recurrent training of pilots on Bell212/412flight simulatorno. 430-595/2014.

CONTENTS OF THE CONTRACT DOCUMENTS

based on the award of a public service contract by open procedure for recurrent training of pilots on Bell 212/412 flight simulator no. 430-595/2014

page:

PART i: INVITATION TO TENDER...... 3

PART II: INSTRUCTIONS TO TENDERERS ON THE PREPARATION OF THE TEHNER...... 4

PART III: TENDER FORM...... 29

PART IV: CRITERIA FOR QUALITATIVE SELECTION AND INSTRUCTIONS ON THE MANNER OF DEMONSTRATING THE ABILITY OF THE TENDERER 32

PART V: DRAFT CONTRACT...... 35

PART VI: TYPE AND DESCRIPTION OF SERVICES...... 41

PART VII: ELEMENTS FOR THE PREPARATION OF PRO-FORMA INVOICE WITH INSTRUCTIONS FOR ITS COMPLETION 42

PART VIII: FINANCIAL COLLATERAL...... 45

PART IX: DECLARATION OF ACCEPTANCE OF THE CONDITIONS OF THE PUBLIC CONTRACTAND OF TRUTHFULNESS OF INFORMATION 53

PART I: INVITATION TO TENDER

Pursuant to the Public Procurement Act, (Ur. l. of RS, no. 12/13 – official consolidated text, and 19/14), the Republic of Slovenia, Ministry of the Interior, Štefanova ulica 2, 1501 Ljubljana, by authority of the body affiliated to the Ministry of the Interior - the Police, Štefanova ulica 2, 1501 Ljubljana, invites tenderers to submit tenders in compliance with the contract documents, based on the award of a public service contract by open procedure for recurrent training of pilots on Bell 212/412 flight simulator no. 430-595/2014.

Tenders must be in full compliance with the contract documents and must fulfil all qualitative selection criteris for participation in the public procurement procedure.

All expenses incurred in connection with preparing and submitting the contract documents shall be borne by the tenderer.

1. SUBMISSION OF A TENDER

A tender shall be deemed submitted in due time if received by the contracting authority by 6. 8. 2014no later than by 15:00hours.

Tenderers shall submit tenders by registered mail or in person to the address of the contracting authority: Ministry of the Interior, Glavna pisarna (Main Administrative Office), Štefanova ulica 2, 1501 Ljubljana.

All late tenders shall be eliminated from tender opening procedure by the technical commission and will be returned unopened to the tenderers.

2. OPENING OF THE TENDERS

Public opening of tenders shall take place on 7. 8. 2014at13:00hours at the address: Ministry of the Interior, Štefanova ulica 2, Ljubljana.

Prior to the public opening of tenders, the tenderers' representatives present must submit to the technical commission written powers of attorney to participate in the public opening.

PART II: INSTRUCTIONS TO TENDERERS ON THE PREPARATION OF THE TENDER

SUBJECT MATTER OF THE PUBLIC CONTRACT

The subject matter of the public contract is recurrent training ofpilots on Bell 212/412 flight simulator(hereinafter referred to as service).

The service is envisaged to be provided in the period between November 2014 and November 2016 for 20 pilots, successively, depending on the available time frames and resources. The exact dates of individual training events and numbers of participants shall be agreed upon and confirmed in writing by the technical manager of the contracting party and the contract manager of the contractor.

The subject matter of the contract and the requirements of the contracting authority shall be specified in part VI of the contract documents entitled Type and Description of the Services that are the subject matter of the contract and other requirements of the contracting authority.

LOCATION OF THE PROVISION OF SERVICES

The location of the provision of services shall be the premises of the tenderer – contractor or subcontractor (if the contractor performs the contract with a subcontractor).

PREPARATION OF THE TENDER

3.1 TENDER FORMAT

A tenderer shall prepare a tender by entering the required data in the forms provided, which are an integral part of the contract documents or individual parts thereof.

A tenderer shall submit a tender on the forms enclosed to the contract documents or on forms that are similar as regards the contents and form and are prepared by the tenderer. The tenderer shall fill in the appendices, sign and stamp them, except for appendices no. II/4, II/5 and II/6, which shall only be filled in, signed and stamped by tenderers acting together with subcontractors, appendices no. II/7 and II/8, which, if the tenderer acts together with subcontractors, shall be filled in, signed and stamped by the subcontractors, appendix no. II/3b, which is filled in, signed and stamped by the persons gioving power of attorney, and appendices no. VIII/1, VIII/2 and VIII/3 (bank guarantee samples), which are the basis for original guarantees issued by banks or insurance companies in various stages of the public procurement procedure.

It is desirable:

That all supporting documents required in item 6 of these instructions, except for declarations and forms, be submitted in separate envelopes. On each envelope, the title of the document and the title of the required supporting evidence should be indicated.

That all documents submitted in the tender be tied together with a string and sealed in a way that prevents later adding, removal or exchange of individual sheets or appendices without visibly damaging the sheets or the seal.

That the envelopes be such that they allow a complete overview of contract documents, even if a document consists of several sheets, by flipping the pages (for example "file covers", form 0.14 and similar).

The tenderer shall submit the tender in a sealed or closed envelope so that it is possible to verify that it is closed as it was submitted. On the envelope, the tenderer shall tape the filled in application form from appendix no. II/9. If a tender is not labelled as specified, the contracting authority shall not be responsible for early opening of the tender or its misplacement.

3.2 LANGUAGE

The public procurement procedure shall take place in the Slovenian language.

The tenderer must submit the tender in the Slovenian language. Supporting documents issued by official institutions that are required under points6.2 and 6.9 may be submitted in the language of the issuing country.

The contracting authority reserves the right to request from the tenderer to have translated, at their own expense, any part of the tender that is not in the Slovenian language into the Slovenian language, if while reviewing and evaluating the tenders they deem it necessary, determining a deadline for the translation. To resolve disputed matters, the tender and its official translation in the Slovenian language shall always be used.

3.3 PRICE

3.3.1 General

All prices must be quoted in Euros (EUR).

Prices in the pro forma invoice excluding VAT must be fixed for the period of at least 12 months from concluding the contract. After this period - at least 12 months from concluding the contract - the price may be harmonised with the growth of the consumer price index (hereinafter index), but when the latter cumulatively exceeds 4 %, with the basis for the calculation of the index being the index that is officially published after this period - at least 12 months from concluding the contract. Prices may be further harmonised when the index exceeds 4 % again, with the basis for the calculation of the index being the index that is officially published after the last price change. In all of the above cases, the maximum change of the price may amount to 80 % of the calculated index. The tenderer – contractor must justify each price change, which is subject to potential negotiations performed prior to concluding an annex to the contract. A price change shall be reflected in an annex to the contract concluded by the contracting parties.

The service is not subject to tax in the place of performance.

The tenderer shall provide a breakdown of the tender price, which demonstrates that the prices quoted in the tender cover all the costs, such as the costs ofrecurrent training of pilots on the flight simulator for helicopter type BELL 212/412, the costs of drawing up and issuing relevant certificates on completed training for pilots, handling charges, and any other costs incurred by the tenderer – contractor in relation to the performance of the contract. The above costs shall be expressed as a fixed amount or as a percentage.

The costs of pilots' transportation to/from the location and the accommodation costs for the pilots during the simulator training shall be borne by the contracting authority.

On the form from appendix no. VII/2 from part VII of the contract documents, the tenderer shall provide a breakdown of the tender price, which demonstrates that prices in the tender cover all the costs incurred by the tendererin the performance of the contract.If requested by the contracting authority, the tenderer shall provide additional explanations regarding the breakdown of the tender price.

3.4 SERVICE PROVISION DEADLINE

3.5 DEADLINE FOR PAYMENT

In accordance with the Budget Implementation Act of the Republic of Slovenia for 2014 and 2015, the deadline for payment shall be the 30th day following the date of official receipt of the invoice issued after each completed training event. The relevant provisions shall be specified in the draft contract.

If the tenderer includes subcontractors in the tender, i.e. enters into the contract with subcontractors, the deadline for payment to the tenderer – contractor and their subcontractorsshall be the same as indicated in the first paragraph of this point. The tenderer – contractor must enclose to the invoice the invoices of their subcontractors that they have previously confirmed.

In compliance with the Act on the Provision of Payment Services to Budget Users (Ur. l. RS, no. 59/2010, as amended), the tenderer – contractor shall send the issued invoices to the contracting authority in electronic form as of 1. 1. 2015.

VALIDITY OF THE TENDER

The tender must be valid for at least 140 days from tender closing date.

LEGAL BASIS FOR THE PERFORMANCE OF THE PUBLIC CONTRACT

The public contract shall be awarded in compliance with the following regulations:

Public Procurement Act (Ur. l. RS, no. 12/13 – official consolidated text, and 19/14);
Budget Implementation Act of the Republic of Slovenia for years 2014 and 2015(Ur. l. RS, no. 101/13);
Code of Obligations (Ur. l. RS, no. 97/07);
Penal Code (Ur. l. RS, no. 50/12);
Value Added tax Act (Ur. l. RS, no. 13/11, 18/11, 78/11, 38/12);
Public Finance Act (Ur. l. RS, no. 11/11, 14/13 corr., 101/13);
Legal Protection in Public Procurement Procedures Act (Ur. l. RS, no. 43/11, 63/13);
Civil Procedure Act (Ur. l. RS, no. 73/07, 45/08);
Integrity and Prevention of Corruption Act (Ur. l. RS, no. 69/11);
Fiscal Balance Act (Ur. l. RS, no. 40/12, 105/12);
Rules on the methods of valuating financial obligations contractually agreed upon by public sector entities (Ur. l. RS, no. 1-11/04);
all positive legislation governing this area.

SUPPORTING DOCUMENTS FOR QUALITATIVE SELECTION

The tenderer must submit with the tender:

6.1 Information about the tenderer(appendix no. II/1);

6.2 The following documents:

6.2.1 Documents that are issued by official institutions and must be originals:

A tender bond guaratee, issued by a bank or an insurance company (sample text is enclosed in appendix no. VIII/1)or a blank bill of exchange(sample text is enclosed in appendix no. VII/3) in the amount of at least 7,800.00 EUR.

Detailed provisions are provided in part VIII of the contract documents entitled Financial Collateral.

6.2.2 Documents that are issued by official institutions and whose date of issue by the official institution must not be older than 15 days on the tender closing date. The documentscan be originals or photocopies:

Supporting document (e.g. BON-2, supporting documentby a commercial bank of financial solvency) certifying that the tenderer does not have any current outstanding due liabilities.

The supporting document must cover all tenderer's current accounts. If the tenderer submits evidence by a commercial bank of financial solvency, they have to submit evidence by all commercial banks where they have an open current account. The declaration of current accounts shall be submitted on the form from appendix no.II/1.

6.3 Completed, signed and stamped declarations:

Declaration demonstrating the ability of the tenderer to perform the public contract concerned (appendixno. II/2);

Power of attorney of the tenderer to obtain data from official records (for legal entities) (appendix no. II/3a);/does not apply to foreign tenderers/

Power of attorney to obtain data from official records (for natural persons) (appendix no. II/3b); /does not apply to foreign tenderers/

List of services already provided in the area of the subject matter of the public contract (appendix no. II/4);

Declaration by the tenderer of acceptance of the conditions of the public contract and of truthfulness of the data (part IX of the contract documents);

6.4 Subcontractors:

In their tender, the tenderer must register and list all subcontractors with which they shall perform the subject matter of the public contract, and must submit in the tender:

Data on the subcontractor (appendix no. II/5);

Completed form Participation of Subcontractors (appendix no. II/6);

Declaration by the tendereron direct payments to the subcontractor(appendix no. II/7);

Agreement of the subcontractor to effect direct payments (appendix no. II/8);

Declaration by the subcontractorregardingparticipation in the public contract concerned (appendix no. II/9);

6.5 Completed Tender Form (part III of the contract documents);

6.6Draft contract (part V of the contract documents).

The draft contract must be signed and stamped by the tenderer. It is desirable for the tenderer to also complete the draft contract. The contracting authority reserves the right to subsequently request from the tenderer to supplement or clarify the information regarding the draft contract.

6.7Pro forma invoice (part VII of the contract documents), consisting of:

-form of tender pro forma invoice (appendix no. VII/1);

-form of tender price breakdown (appendix no. VII/2).

6.8 Joint tender

If a group of tenderers submits a joint tender, the group must submit in the tender:

A declaration on submitting a legal act on joint performance of the contract (e.g. a cooperation contract), should they be awarded the public contract.

The legal act on joint performance of the contract must specify in detail the responsibilities of individual tenderers regarding the performance of the contract, as well as the lead tenderer. Irrespective of that, the tenderers shall be liable to the contracting authority without limit, jointly and severally. Legal entities shall indicate the names of persons responsible for the performance of the contract concerned.

Supporting documents required under point 6 (Supporting documents for qualitative selection). Supporting documents directly related to individual tenderers of the joint tenderer must be submitted in the tender for each tenderer separately, namely: all evidence under points 6.1, 6.2.2 and 6.9 and declaration demonstrating the ability of the tenderer to perform the public contract concerned (appendix no. II/2), power of attorney of the tenderer to obtain data from official records (appendix no. II/3a) and power of attorney to obtain data from official records (appendix no. II/3b). Other supporting documents referred to in point 6 do not have to be submitted separately for each tenderer, although they have to be initialled by all tenderers of the joint tender. Supporting documents of official institutions shall not be initialled by tenderers.

6.9 FOREIGN TENDERERS

Tenderers who are not established in the Republic of Slovenia must, in addition to the declaration demonstrating the ability of the tenderer to perform the public contract in question from appendix no. II/2, which they have submitted with the tender, and in addition to other supporting documents defined in the preceding indents of point 7 (Supporting documents for qualitative selection), also submit with their tender the following documents:

6.9.1 Documents issued by official institutions whose date of issue by the official institution must not be older than one month on tender closing date:

Supporting document demonstrating that neitherthe tenderer nor their legal representative, if the tenderer is a legal entity, has been the subject of a conviction by final judgment for any of the criminal offences defined in the Penal Code and referred to in paragraph one of Article 42 of the Public Procurement Act.

In the case of a legal entity, such supporting document must relate to the legal entity (tenderer) and to all natural persons having powers of representation, decision or control in respect of the tenderer.

Supporting document demonstrating that the tenderer is not in compulsory composition proceedings nor has a proposal for compulsory composition been presented against them, and if a proposal for compulsory composition has been presented against them, that the court has finally confirmed compulsory composition.
Supporting document demonstrating that the tenderer is not in procedure of bankruptcy nor has a proposal for procedure of bankruptcy been submitted against the tenderer;
Supporting document demonstrating that the tenderer is not being compulsorily wound up nor has a proposal to be compulsorily wound up been submitted against the tenderer, nor is the tenderer's business being managed by the court for other reasons, nor has the tenderer abandoned business activity or is in any similar position;

NOTE:

The contracting authority reserves the right to request the foreign tenderer, prior to contract award and contract conclusion, to submit again, subsequently, supporting documents from this point, demonstrating compliance with conditions referred to in paragraph four of Article 42 of the Public Procurement Act.

6.9.2Other documents issued by official institutions.

The documents can be either originals or photocopies:

Registration of the company for the activity that is the subject matter of the public contract, which must show the most recent state, and the copy must be identical to the original.

Prior to contract award and contract conclusion, foreign tenderers must, at the request of the contracting authority and within the deadline determined by the latter, submit a supporting document demonstrating that on the day of submitting the tender, they do not have any unpaid and due liabilities related to the payment of social security contributions and liabilities related to the payment of taxes in compliance with the legal provisions of the country where they are established or the legal provisions of the country of the contracting authority, in the amount of 50 EUR or more.

The tenderer must submit a supporting document under the second indent of this point also for the foreign subcontractor(s), if they enter into the contract concerned with a foreign subcontractor.