Part I: Invitation to Tender

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 4. 9. 2014 no later than by 15:00 hours.

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 5. 9. 2014 at 13:00 hours 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.

9. EXAMINATION AND EVALUATION OF TENDERS

The contracting authority shall classify the tenders received in due time with regard to the criterion and verify if the tender assessed as the most favourable tender is complete. After examining and supplementing the tender in compliance with Article 78 of the Public Procurement Act, the contracting authority shall eliminate tenders that are not complete and verify the completeness of the next most favourable tender.

The contracting authority shall recognise the ability of the tenderer who, considering the indications in the contract documents, meets the qualitative selection criteria. It hence follows that a tender that does not meet the criteria shall be eliminated from further procedure as incorrect.

10. VARIANT TENDERS

Variant tenders shall not be permitted.

11. ADDITIONAL NOTICES AND EXPLANATIONS

Tenderers may submit written requests for additional explanations in connection with the preparation of the tender. The contracting authority shall publish the replies on its internet address http://www.mnz.gov.si/, top menu "o ministrstvu", left side menu "javna naročila", by no later than 6 (six) days prior to the tender closing date, provided that the requests for additional explanations are received no later than by 22. 8. 2014.

All supplementing documents (any additional clarifications regarding tender preparation, changes or supplements to the contract documents) shall be published on the internet address of the contracting authority http://www.mnz.gov.si/, top menu "o ministrstvu", left side menu "javna naročila", and on the Public Procurement Portal.

Important notice: The tenderers are recommended to keep track, until the tender closing date, of notices posted on the aforementioned website of the contracting authority regarding any additional explanations, changes of contract documents etc. in order to avoid the risk of submitting tenders that are incomplete due to non-compliance with any changes or additions to contract documents.

Questions may be sent by electronic mail at or by facsimile at 01/428 5791 with the heading: "DODATNE INFORMACIJE – JAVNO NAROČILO ZA OBNOVITVENO USPOSABLJANJE PILOTOV NA SIMULATORJU LETENJA ZA TIP HELIKOPTERJA BELL 212/412, ŠT. 430-595/2014 (ADDITIONAL INFORMATION – PUBLIC CONTRACT FOR RECURRENT TRAINING OF PILOTS ON HELICOPTER TYPE BELL 212/412 FLIGHT SIMULATOR, NO. 430-59572014) or on the Public Procurement Portal.

Requests for additional information that are not received by the contracting authority by the above deadline will not be responded to. The contracting authority does not guarantee a timely response to a request for additional explanation that is not forwarded in the aforementioned manner.

The contracting authority shall not respond to inappropriate questions.

PART V: DRAFT CONTRACT

Note:

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.

Republic of Slovenia, Ministry of the Interior, Police, Štefanova ulica 2, Ljubljana, represented by ______(hereinafter referred to as "contracting authority")

ID for VAT: SI47429518

and

______,

(name and address of the contractor)

represented by ______(hereinafter referred to as "contractor")

(name and title of the signatory)

ID for VAT: ______

have concluded the following

CONTRACT ON RECURRENT TRAINING OF PILOTS ON

BELL 212/412 FLIGHT SIMULATOR

No. ______

Article 1

The subject matter of the contract is the provision of recurrent training of 20 pilots on flight simulator for helicopter type Bell 212/412 (hereinafter referred to as service), based on the tender pro forma invoice no. ______of ______(hereinafter referred to as pro-forma invoice), which was enclosed with the tender for 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, which was published in the Official Journal of the European Union on ______, publication number ______and on the Public Procurement Portal on ______, publication number ______(hereinafter referred to as public contract).

The form of the pro-forma invoice is enclosed in the appendix and represents an integral part of this contract.

The contractor undertakes that the training shall include flying on the flight simulator in regular and extraordinary procedures.

After the training, the contractor undertakes to present the pilots with certificates on completing the training for flying Bell 212/412 helicopters.

Article 2

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 separately agreed upon and confirmed by the technical manager of the contracting party and the contract manager of the contractor.

Article 3

The price in the pro forma invoice excluding VAT is 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 the above cases, the maximum change of the price may amount to 80 % of the calculated index. The contractor must justify each price change, which is subject to potential negotiations performed prior to concluding an annex to the contract.

The price of service support includes all costs incurred by the performance of the subject matter of the contract referred to in article 1 of the contract.

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

Article 4

Total contract value shall be ______EUR.

Article 5

The contractor shall carry out the training at the contractor's or subcontractor's location, as follows: ______.

Article 6

The payment for the service provided shall be made by the contracting authority to the contractor's account no.______opened with the bank ______, or to the contractor's account indicated on the invoice, or to the subcontractors' accounts pursuant to the Public Procurement Act, on the 30th day following the date of the official receipt of the invoice issued to the address of the contracting authority after each completed training event. The payment period shall commence on the day following the receipt of the invoice, which is the basis for payment. If the last day of this period falls on a day that is by law a non-working day or is not defined as a payment day in the TARGET payment system, the next working day or the next payment day in the TARGET system shall be considered the last day of the payment period. When issuing invoices, reference must be made to the contract number. The subcontractors' invoices must be confirmed by the contractor and attached to the contractor's invoice. /the wording regarding subcontractors applies if the contractor enters into the contract with subcontractors/.

In the event of delayed payment, the contractor or the subcontractor may request the payment of statutory default interest by the contracting authority. /the wording regarding subcontractors applies if the contractor enters into the contract with subcontractors/.

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

Article 7

/to be applied if the contractor enters into the contract with subcontractors/

In performing this contract, the contractor shall provide the service with subcontractors:

______/please indicate name, full address, registration number, ID for VAT and bank account/. The subcontractor shall perform the following:______/please indicate data on the part of the service to be performed by the subcontractor: subject, quantity, value, location and period of the realisation of service provision/.

In performing this contract, the contractor shall provide the service with subcontractors:

______/please indicate name, full address, registration number, ID for VAT and bank account/. The subcontractor shall perform the following:______/please indicate data on the part of the service to be performed by the subcontractor: subject, quantity, value, location and period of the realisation of service provision/.

In performing this contract, the contractor shall provide the service with subcontractors:

______/please indicate name, full address, registration number, ID for VAT and bank account/. The subcontractor shall perform the following:______/please indicate data on the part of the service to be performed by the subcontractor: subject, quantity, value, location and period of the realisation of service provision/.

The contractor authorises the contracting authority to pay the subcontractors directly, in compliance with the Public Procurement Act. Approvals of the subcontractors related to the contracting authority's direct payments to the subcontractors form an integral part of and are enclosed to the contract.

Time limits for payments to subcontractors are identical to time limits for payments to the contractor by the contracting authority under this contract.

In case a subcontractor is replaced or a contract is concluded with a new subcontractor, the contractor undertakes to obtain approval in writing from the contracting authority before any such change. The contracting authority may withdraw from the contract if it is found out that the service is being performed by a subcontractor without prior approval in writing by the contracting authority.

In case a subcontractor is changed or the contract is concluded with a new subcontractor, the contractor undertakes to submit to the contracting authority in five days following the change:

- if a subcontractor is changed – a declaration that all undisputed liabilities have been settled to the former subcontractor,

- authorisation to pay for the provided and assumed services directly to the new subcontractor, and

- approval of the new subcontractor regarding direct payments.

Article 8

The contractor guarantees that they shall not promise, offer or give an undue gift or other undue advantage pursuant to the Integrity and Prevention of Corruption Act, indirectly or directly, to any official, public officer or any other employee of government or another state authority (service, section, agency) or any political party or candidate of a political party in order to bribe and induce such official, public officer or other employee, a political party or a candidate to abuse their position or to affect any act or decision of the government or another competent authority so that they would be awarded a contract, retain a contract, conclude a contract on more favourable terms or direct a contract to a contractor or any other subsidiary company or another associated enterprise.

The contracting parties agree that if someone, on behalf of or on the account of the other contracting party (contractor), promises, offers or gives an undue advantage to a representative or intermediary of a public sector authority or organisation in order to:

– be awarded a contract or

– conclude a contract on more favourable terms or

– suspend due supervision of the implementation of contractual obligations or

– carry out any other operation or suspend any operation, thereby causing damage to the public sector authority or organisation or enabling the acquisition of an undue advantage by a representative of an authority, the intermediary of a public sector authority or organisation, the other contracting party or their representative, agent;

the contract shall be void, and, if the contract is not yet in force, it shall be deemed not concluded.

Article 9

The contract manager on behalf of the contracting authority shall be ______.

The technical manager on behalf of the contracting authority responsible for the technical part of the performance of the subject matter of the contract shall be ______.

The contract manager on behalf of the contractor shall be ______.

Article 10

Mutual obligations that are not defined in this contract shall be governed by the provisions of the Code of Obligations and other regulations governing this area.

Article 11

The contract shall be concluded when it is signed by both contracting parties.

The contracting authority reserves the right to terminate the contract if no sufficient budget appropriations are provided in the framework of the adopted budget. The contracting authority may terminate the contract with a one month notice, which starts on the day of receiving a written notice forwarded by registered mail.

Article 12

The contracting parties shall settle any dispute arising from this contract by mutual agreement; otherwise the court in Ljubljana, Slovenia, with subject matter jurisdiction shall be responsible.

Article 13

This contract is made in four copies, of which each contracting party shall receive two copies.

______, on ______Ljubljana, ______

Contractor:Contracting Authority:

______REPUBLIC OF SLOVENIA

(name of the contractor) MINISTRY OF INTERIOR

POLICE

______

(name and surname of the signatory) (name and surname of the signatory)

______

(title of the signatory) (title of the signatory)