MVM GTER Zrt. - Contracting Entity

Negotiated public procurement procedure published by a periodic indicative notice

for the “Maintenance and upgrade of two generator units type BDAX72-290-ER and of the pertaining equipment of Bakony Gas Turbine Power Plant”

PUBLIC PROCUREMENT DOCUMENTATION RELATED TO THE TENDERING STAGE

12 March 2018

II/4. SAMPLE FORMS

1. READING SHEET

2. TENDERER’S DECLARATION

3. DECLARATION PURSUANT TO ARTICLE 66 OF THE PPA

4. DECLARATION ABOUT LIABLE TRANSLATIONS

5. DECLARATION ABOUT THE CONSISTENCY OF THE HARDCOPY OF THE TENDER WITH THE ELECTRONIC VERSION

6. DECLARATION ABOUT THE DRAFT CONTRACT

7. DECLARATION ABOUT THE TAKING INTO ACCOUNT OF THE VERIFICATIONS

8. DECLARATION ABOUT THE TAKING INTO ACCOUNT OF THE GROUNDS FOR EXCLUSION

9. DECLARATION ABOUT THE NET INCOME AS PER THE BALANCE SHEET AS OF THE END OF THE COMPANY’S FISCAL YEAR FOR EACH OF THE PAST THREE YEARS

10. REFERENCE LIST ABOUT THE PERFORMED SERVICES FOR THE MAINTENANCE, REPAIR (SERVICE) WORKS OF THE GENERATOR SET TYPE BDAX72-290-ER AND THE PERTAINING EQUIPMENT DURING SIX YEARS (72 MONTHS) PRIOR TO SUBMITTING OF THE DIRECT REQUEST TO PARTICIPATE

11. DECLARATION ABOUT TAKING INTO ACCOUNT OF THE VERIFICATIONS SUBMITTED IN THE PARTICIPATION STAGE

12. PROFESSIONAL CV FORM AND AVAILABILIT DECLARATION

13. MANUFACTURER’S DECLARATION ABOUT THE MAINTENANCE SKILLS/TRAINING

14. CERTIFICATE OF RECEIPT

Annex No. 1

REEDING SHEET[1]

We submit hereby the following Tender during the public procurement procedure for the „Maintenance and upgrade of two generator units type BDAX72-290-ER and of the pertaining equipment of Bakony Gas Turbine Power Plant”

Tenderer’s name:......

Registered office:......

Company Registration Number:......

Tax number:......

Representative’s name:......

Contact person’s name:......

Mobile phone number of Contact person:

E-mail address of Contact person:......

Upon review and interpretation of the Invitation to Tender and of the Documentation we accept the terms and conditions detailed therein and undertake to perform the Services under the Draft Framework Contract.

Cost criteria / Tender elements
Corrected net Tender Price in EUR (without VAT)[2] / net HUF amount
Quality criteria / Tender elements
Defect liability period exceeding 24 months / months

Annexes: Price schedules[3], in which also the discount from the part list prices shall also be indicated.

The Tender does not include price elements not included herein.

<Date das of> …………….day………………..month, 2018

…………………………..

(DUE SIGNATURE OF THE LIABLE ENTITY (ENTITIES) OR SIGNATURE OF THE AUTHORISED PERSON (PERSONS)

)

Annex No. 2

TENDERER’S DECLARATION

PURSUANT TO PARA 66 § (2) OF THE PPA

We, the undersigned ………………………………………………………declare hereby, as the authorised representatives of ………………………….. (company name, registered office), that we have familiarized with and understood all the conditions set out during the public procurement procedure for the “Maintenance and upgrade of two generator units type BDAX72-290-ER and the pertaining equipment of Bakony Gas Turbine Power Plant”:

1. We have reviewed and accept without limitation the terms and conditions of the Invitation to Tender and Documentation connected to the Tendering Stage of the above captioned public procurement procedure. In accordance with the terms and conditions of the Invitation to Tender and Documentation connected to the tendering stage we declare hereby that we intend to take part, as Tenderer, in the public procurement procedure for the “Upgrade and maintenance of two generator units type BDAX72-290-ER and the pertaining equipment of Bakony Gas Turbine Power Plant”.

2. The documents requested in the Invitation to Tender and submitted by us in the Documentation include real information.

3. We approve hereby that in case of any stipulations made by us that are inconsistent with those in the Invitation to Tender and the Documentation or with any of the terms and conditions thereof, our Tender shall be null and void.

4. We accept if you declare our Tender null and void, if it is established that any conflict of interest detailed in the PPA has arisen against our company, subcontractors or employed professionals.

5. We hereby declare under the penalty of perjury that*

1.At the time of submitting of the request to participate no procedure is in progress regarding the announcement of changes of our company.

2. At the time of submitting of the request to participate, a procedure is in progress regarding the announcement of changes of our company. We enclose to our request to participate the request for a procedure regarding the announcement of changes and the acknowledgement of receipt thereof of the company registration court.

I, the undersigned declare hereby that I have familiarised and agree with the contents of the request to participate including ……. numbered bound pages and I confirm hereby that any declaration, data and information set out therein is true and correct.

<Dated as of >; ……………… day…………………………month, 2018

…………………………..

(Due signature of the liable entity/entities or signature of the authorised representative/representatives)

*Please underline if applicable or delete if not applicable, or enclose the applicable declaration.

Annex No. 3

DECLARATION

PURSUANT TO ARTICLE 66 (6) AND 65 (7) OF THE PPA

We, the undersigned ………………………………………………………declare hereby, as the authorised representatives of ………………………….. (company name, registered office), representing the Tenderer submitting a Tender[4] for the public procurement procedure for the “Maintenance and upgrade of two generator units type BDAX72-290-ER and the pertaining equipment of Bakony Gas Turbine Power Plant” that:

1. We have familiarised with and understood all the conditions set out in the Invitation to Tenders and the Documentation and we accept such conditions by signing of this declaration.

2. We deem the provisions of the Invitation to Tender and Documentation satisfactory to submit an explicit Tender. We declare hereby that we submit this Tender in compliance with the rules set out in the Invitation to Tender and the Documentation.

3. We hereby declare under penalty of perjury that without your relevant written approval we do not use either directly or indirectly the provisions of the Invitation to Tender and the Documentation for other purposes than for this public procurement procedure.

4. We hereby declare pursuant to Article 66 (6) (a) of the PPA that we do not conclude any contract with a third party (without defining the name of the person) as regards the parts of the public procurement stipulated hereunder (defining of the work part):

[to be completed by Tenderer!]

WORK PART / WAY OF EMPLOYMENT

5. We declare pursuant to Article 66 (6) (b) of the PPA that we intend to employ the following subcontractors:

[to be completed by Tenderer!]

A KNOWN SUBCONTRACTOR / PERCENTAGE RATE / TASK PERFORMED

6. We declare pursuant to Article 65 (7) of the PPA that during the performance of the contract we do not/did not rely on the resources of another organization.[5]

[To be completed by Tenderer!]

ORGANISATION VERIFYING SUITABILITY / VERIFIED SUITABILITY CRITERIUM

<Dated as of> ………… day, ……………month, 2018

…………………………..

(Due signature of the liable entity/entities or signature of the authorised representative/representatives)

Annex No. 4

DECLARATION ABOUT LIABLE TRANSLATIONS

We, the undersigned …………………………(name of authorised representative, company name / registered office) declare hereby concerning the public procurement procedure for the “Maintenance and upgrade of two generator units type BDAX72-290-ER and of the pertaining equipment of Bakony Gas Turbine Power Plant” launched by MVM GTER Zrt that the Tender submitted by Tenderer in original in another language than Hungarian is translated in full compliance with the contents of the original document submitted by Tenderer in another language than Hungarian.

The translations of the documents drawn up in another language than Hungarian and the translations thereof into Hungarian can be found on the following pages of the Tender:

Documents drawn up in another language than Hungarian: / Translation into Hungarian:

<Dated as of>, …………………..day……………………month, 2018

…………………………..

(Due signature of the liable entity/entities or signature of the authorised representative/representatives)

Annex No. 5

DECLARATION ABOUT THE CONSISTENSY OF THE HARDCOPY OF THE TENDER WITH THE ELECTRONIC VERSION

We, the undersigned …………………………(name of authorised representative, company name / registered office) declare hereby concerning the public procurement procedure for the “Maintenance and upgrade of two generator units type BDAX72-290-ER and of the pertaining equipment of Bakony Gas Turbine Power Plant” that the hard copy of the Tender submitted by us is consistent with the electronic version.

<Dated as of>,…………………day……………….month, 2018

…………………………..

(Due signature of the liable entity/entities or signature of the authorised representative/representatives)

Annex No. 6

DECLARATION ABOUT THE DRAFT CONTRACT

We acknowledge the contents of the Draft Framework Contract forming part of the Documentation, including the annexes thereto, without any change, and subject to the award of the contract to us, we are prepared to conclude it.

*We acknowledge the contents of the Draft Framework Contract forming part of the Documentation, including the annexes thereto along with our amendment proposals under the Draft Framework Contract and we bind ourselves to amend our amendment proposal as agreed upon during the rounds of negotiation.

* <Dated as of>, …………..day ………………month, 2018

…………………………

(Due signature of the liable entity/entities or signature of the authorised representative/representatives)

Annex No. 7

DECLARATION ABOUT TAKING INTO CONSIDERATION OF THE VERIFICATIONS

(subject to inconsistent data with the request to participate)

We, the undersigned …………………………(name of authorised representative, company name / registered office) declare hereby concerning the public procurement procedure for the “Maintenance and upgrade of two generator units type BDAX72-290-ER and of the pertaining equipment of Bakony Gas Turbine Power Plant” that we submit the declarations and verifications enclosed to the Tender by making use of the possibilities under Article 69 (4) of the PPA. Before taking a decision on the result of the procedure, such submitted verifications shall be considered, pursuant to Article 69 (4) of the PPA, as the tenderer submitting the potentially most favourable tender in the tendering stage of the public procurement procedure.

<Dated as of>, ………………day…………………month, 2018

…………………………..

(Due signature of the liable entity/entities or signature of the authorised representative/representatives)

Annex No. 8

DECLARATION ABOUT THE GROUNDS FOR EXCLUSION

(subject to inconsistent data with the request to participate)

„Article 62 (2) The economic operator

„ 62. § (2) The economic operator is excluded from the verification of suitability as a tenderer, candidate, subcontractor, if

a) its executive officer or a member of its supervisory board, its manager or, in the case of a business organization its sole member or a member, according to personal law, of its similar management or supervisory body or a person vested according to personal law with the same powers of decision as the ones mentioned above is a person who was convicted by a final court judgement of a crime specified in paragraph 1 (a) over the last five years, and it has not been relieved from the detrimental consequences attached to such prior conviction or

b) a person who was convicted by a final court judgement of a crime specified in paragraph 1 (a) over the last five years – or, where such a period is shorter, within the period needed for the person convicted to be relieved from the detrimental consequences attached to the conviction for the given crime – was, in the economic operator concerned, the executive officer or a member of the supervisory board, the manager or, in the case of a business organization, the sole member or a member, according to personal law, of the similar management or supervisory body or a person vested according to personal law with the same powers of decision as the ones mentioned above, when committing the crime in question.

63. § (1) The following contracting entity may stipulate in the notice launching the procedure that the economic operators shall be excluded from participating in the procedure as a tenderer, candidate, subcontractor, and shall not contribute to the certification of suitability:

a) who seriously infringed the requirements of environmental, social and labour law referred to in Article 73(4) and such infringement was established by a final and binding judicial decision, administrative decision or, in case of a review of the latter, a final and binding judicial decision issued within the previous three years;

b) a final judicial decision, a final administrative decision or, in the case of a review of the latter, a final judicial decision delivered within the previous three years established that it had committed, as defined by legislation, a serious breach of professional duty, except for the case specified in point (c) or an act seriously violating professional ethics established in a procedure for breach of the code of ethics conducted by a professional organisation specified in a separate act of legislation;

c) who have been, over the past three years, in serious breach of their contractual obligations undertaken in a previous procurement procedure or concession award procedure and the breach of contract resulted in the termination or rescission of the aforementioned previous contract, a compensation claim or any other penalty applicable on the basis of the contract, furthermore, where the subsequent impossibility was partly or fully attributable to the wrongful conduct of the party entering into the contract as the successful tenderer;

d) who, in relation to a contract concluded as a result of an earlier procurement procedure or concession award procedure, failed to meet, towards their subcontractor, more than 10% of their payment obligation originating from a final or partial invoice and the breach of contract their payment obligation originating from a final or partial invoice and the breach of contract was established by final court ruling pronounced within the previous three years, although the party entering into the contract as contracting authority paid them in due time.”

<Date das of >,……………day……………….month 2018

…………………………..

(Due signature of the liable entity/entities or signature of the authorised representative/representatives)

Annex No. 9

DECLARATION

ABOUT THE NET INCOME AS PER THE BALANCE SHEET AS OF THE END OF THE COMPANY’S FISCAL YEAR FOR EACH OF THE PAST THREE YEARS

(in case of inconsistency with the data submitted in the request to participate)

(AS REGARDS THE DIRECT REQUEST TO PARTICIPATE AS PER PARAGRAPH III.1.2 ((SUBSEQUENT VERIFICATION OF ECONOMIC AND FINANCIAL SUITABILITY))

We, the undersigned …………………………(name of authorised representative, company name / registered office) declare hereby upon careful review of any and all formal and content requirements, instructions, stipulations and of the technical specification that the net income (in HUF) of the tenderer or of the organisation verifying suitability was the following as of the end of the fiscal year for each of the past three years:

Year / Net income as of the fiscal year
2015.
2016.
2017.
Total

We make this declaration as part of the public procurement procedure for the “Maintenance and upgrade of two generator units type BDAX72-290-ER and of the pertaining equipment of Bakony Gas Turbine Power Plant”

<Dated as of>, ………………day…………………month 2018

…………………………..

(Due signature of the liable entity/entities or signature of the authorised representative/representatives)

1 / 19

Annex No. 10

REFERENCE LIST

(in case of inconsistency with the data submitted in the request to participate)

(AS REGARDS THE DIRECT REQUEST TO PARTICIPATE AS PER PARAGRAPH III.1.3 ((SUBSEQUENT CERTIFICATION OF TECHNICAL AND PROFESSIONAL ABILITY IN THE TENDERING STAGE, M1.))

THE REFERENCES OF THE MAINTENANCE, REPAIR (SERVICE) WORKS OF THE GENERATOR UNIT TYPE BDAX72-290-ER AND THE PERTAINING EQUIPMENT DURING SIX YEARS (72 MONTHS) PRIOR TO SUBMITTING OF THE DIRECT REQUEST TO PARTICIPATE:

Subject matter, quantity of the contract (description of the task), / Sum of the net consideration (in original currency), and other data stipulating the amount of services / ratio of employment and the consideration of own performance / Time of performance (year, month, day) / Place of performance / Name, address, phone number and contact person of the other party

The above listed reference works were performed in accordance with the provisions and the contract.

<Dated as of>, ……..day………………..month 2018

…………………………..

(Due signature of the liable entity/entities or signature of the authorised representative/representatives)

1 / 19

Annex No. 11

DECLARATION ABOUT TAKING INTO ACCOUNT OF THE VERIFICATIONS SUBMITTED IN THE PARTICIPATION STAGE

(in case of consistency with the data submitted in the participation stage)

We, the undersigned …………………………(name of authorised representative, company name / registered office) declare hereby concerning the public procurement procedure for the “Maintenance and upgrade of two generator units type BDAX72-290-ER and of the pertaining equipment of Bakony Gas Turbine Power Plant” that there is no change in the data stipulated in Annexes 7-10 of the Documentation submitted in our request to participate, therefore we do not submit such data as part of our present Tender. These certificates submitted in the participation stage are requested to be taken into consideration pursuant to Article 69 (4) of the PPA, in this public procurement procedure before the decision closing the procedure is taken.

<Dated as of>, ………….day……………..month 2018

…………………………..

(Due signature of the liable entity/entities or signature of the authorised representative/representatives)

Annex No. 12

PROFESSIONAL CV FORM AND AVAILABILITY DECLARATION

PERSONAL DATA
Name:
Place and Date of Birth:
Nationality:
EDUCATION, OTHER SKILLS
(from the most recent to the past in the reverse sequence!)
From: up to: (year) / Name of institute / Education
Verification of EDUCATION, SKILLS, AND EXPERIENCE
(from the most recent to the past in the reverse sequence!)
Previous Projects
(Description, by giving the starting and completion date (indicating at least the year and month) of the professional career and management experiences, if any. / List of functions and tasks performed
(Description of the maintenance experiences for a generator unit type BDAX72-290-ER and the pertaining equipment)
WORK PLACES
(from the most recent to the past in the reverse sequence!)
From: up to: (year) / Employer’s name and address / name and address of Contact person / position of the expert

MISCELLANEOUS