PUBLIC PROCUREMENT DOCUMENTATION
with subject:
“Development and delivery of air traffic complexity and ATCO’s workload assessment and management system”
(Traffic Complexity Assessment Tool – tCAT)”
Sofia, 2017
CONTENT:
SECTION I – Description of the public procurement subject
SECTION II–Technical requirements (System specifications)
SECTION III –Terms
SECTION IV – General requirements for participation in the procedure
SECTION V – Grounds for exclusion
SECTION VI – Selection criteria
SECTION VII – Instructions for preparation and submission of the offer
SECTION VIII– Guarantees
SECTION IX – Explanations on the documentation for participation and information for opening of the price offers
SECTION X – Signing theContract
SECTION XI – Assessment of the offers
SECTION XII – Draft Contract
SECTION XIII– Forms
Form No. 1 – Proposal for fulfilment of the procurement in compliance with the Technical requirements (System specifications)of the Contracting Authority
Form No. 2 – Declaration on Article 39, Paragraph 3, Point 1c of the Rules on Implementation of the Public Procurement Act
Form No. 3 – Declaration on Article 39, Paragraph 3, Point 1d of the Rules on Implementation of the Public Procurement Act
Form No. 4 – Proposed price parameters
Form No. 5 – Standard form of the European Single Procurement Document (ESPD)
SECTION XIV – Technical requirements (System specifications)
Appendix No. 1 – Table of conformity (mandatory requirements)
Appendix No. 2 – Table of conformity (recommended requirements)
Appendix No. 3– Factors of Complexity inSofia Area Control Center
Appendix No. 4–Traffic Complexity Assessment Tool in Sofia Area Control Center (Operational Concept Document)
SECTION I
DESCRIPTION OF THE PUBLIC PROCUREMENT SUBJECT
1.1.Description of the public procurement
The subject of the present public procurement is Development and delivery of air traffic complexity and ATCO’s workload assessment and management system, including the following activities:
1.1.1.development and delivery of Air Traffic Complexity and ATCO’s Workload Assessment and Management System (Traffic Complexity Assessment Tool – tCAT), including delivery of the necessary hardware and software (including the licences) and the technical documentation for them (herein after referred as “The System”);
1.1.2. review on the design of the System, Factory Acceptance Tests (FAT), installation, configuration, calibration and Site Acceptance Tests (SAT) of the System;
1.1.3. delivery of the necessary spare parts, supplies and tools;
1.1.4. training of the employees of the Contracting Authority for operation and technical maintenance of the System.
SECTION II
TECHNICAL REQUIREMENTS (SYSTEM SPECIFICATIONS)
2.1. Requirements to the equipment
2.1.1. The proposed System shall be in compliance with the requirements of Annex III, Point 3 of Regulation (EC) No. 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air Traffic Management network, described in details in the Technical requirements (System specifications) - Section XIV of the documentation.
2.1.2. The application and system software including the operating systems shall be in compliance with Commission Regulation (EC) No. 428/2008 of 30 May 2008 establishing a software safety assurance system to be implemented by air navigation service providers, described in the Technical requirements (System specifications) – Section XIVof the documentation.
2.2. Technical requirements (System specifications)
2.2.1. The technical requirements are described in details in Section XIV of the documentation – Technical requirements (System specifications).
SECTION III
TERMS
3.1. The term for execution of the procurement is on a proposal of the participant but not later than 31 December 2019 (The Contractor shall suggest a schedule for execution of the Contract activities).
3.2. The proposed by the participant warranty period of the System (including software guarantee against defects in the design, manufacture, installation or their configuration, that are not provoked by improper operation by the Contracting Authority so as the hardware and the spare parts against factory defects, defects in the material, defects in its manufacture, unprovoked by the improper storage and/or operation) shall not be less than 36(thirty-six) months from the date of signature of the SAT Protocol.
3.3. The proposed by the participant term for removal of defects in the hardware including the spare parts by replacement or repair of the defected part shall not be more than 30 (thirty) days from the date of submission of the defected part to the factory or to an authorized by the Contractor service.
3.4. The proposed by the participant terms for removal of defects in the software within the warranty period shall not be more than:
3.4.1. in case of full failure of the software – up to 48 (forty-eight) hours from the receipt of the notification by the Contracting Authorityvia remote access;
3.4.2. in case of partial failure of the software which does not affect the operation of the System – up to 30 (thirty) days from the date of receipt of the notification by the Contracting Authorityvia remote access.
SECTION IV
GENERAL REQUIREMENTS FOR PARTICIPATION IN THE PROCEDURE
4.1. The participants may submit their offers only for the complex execution of the public procurement.
4.2. The offers shall be prepared into Bulgarian language.
4.3. Different options are not allowed in the offers.
4.4. Each participant may change, add or withdraw his offer to the deadline for submission.
4.5. Each participant has the right to submit only one offer.
4.6. А person, who participates in a partnership or has agreed to be a Subcontractor of another participant, may not submit offer on his own.
4.7.In the public procurement awarding procedure one natural or legal person may participate only in onepartnership.
4.8. Related persons shall not be able to be independent applicants or participants in one and the same procedure.
SECTION V
GROUNDS FOR EXCLUSION
5.1. The Contracting Authority shall exclude from participation in a procedure for awarding a public procurement a participant:
5.1.1. Who has been convicted with an enforced verdict, unless he has been rehabilitated for a crime under Article 108a, Article 159а – 159d, Article 172, Article 192a, Article 194 - 217, Article 219 - 252, Article 253 - 260, Article 301 - 307, Article 321, 321a and Article 352 – 353f of the Criminal Code;
5.1.2. Who has been convicted by an enforced verdict – unless he has rehabilitated for a crime, analogical to the ones under Point 5.1.1, in another Member State or in a third country;
5.1.3. Who has obligations for taxes and obligatory security contributions in the meaning of Article 162, Paragraph 2, Point 1 of the Tax-Insurance Procedure Code and the interests on them to the state or to the municipality of the central office of the Contracting Authority and of the applicant or participant, or analogical obligations, established by an act of a competent body under the legislation of the state, in which the applicant or participant has been established, unless an extension, rescheduling or guaranty has been admitted of the obligations or the obligation is under an act, which has not beenenforced;
5.1.4. Unequal treatment is present in the cases referred to in Article 44, Paragraph 5 of the Public Procurement Act;
5.1.5.Who has been found:
a) that he has submitted a document with untrue contents, related to a certificate of lack of grounds for exclusion or of fulfilment of the selection criteria;
b) he has not submitted required information, related to certifying lack of grounds for exclusion or fulfilment of the selection criteria;
5.1.6. isestablished withanenforced penaldecree orjudicialdecisionthat infulfilmentofa public procurement Contract he has violated Article 118, Article 128, Article 245 and Article 301 – 305 Labour Code, or analogical obligations, established by an act of a competent body, under the legislation of the state, in which the applicant or participant has beenestablished;
5.1.7. There is a conflict of interests, which cannot beeliminated.
5.2. The grounds under Points 5.1.1, 5.1.2 and 5.1.7 shall refer to the persons, who represent the participant of applicant, the members of management or supervision bodies, and to other persons, who have powers to exercise control in decision taking by thesebodies.
5.3. Grounds for exclusion on the set forth Section shall be applied when the offer is submitted by a partnership, for any of the participants that the set forth circumstances are available.
5.4. The participant under the circumstances on Point 5.1. may submit evidences to guarantee his reliability pursuant to Article 56 of the Public Procurement Act;
5.5. Upon submission of the offer, the participant shall declare the lack of grounds for exclusion by submitting a European Single Procurement Document (ESPD).
5.5.1. The information regarding the lack or presence of circumstances on Point 5.1.1. and Point 5.1.2. shall be filled in the ESPD as follows:
5.5.1.1. In Part III, Section A of the ESPD, the participant shall submit information regarding convictions in the following crimes:
a) Participation in criminal organizations – pursuant to Article 321 and 321a of the Criminal Code;
b) Corruption – pursuant to Article 301 – 307 of the Criminal Code;
b) Fraud – pursuant to Article 202, Paragraph 2, Point 3, Article 212, Paragraph 3, Article 248а, Paragraph 2 and Article 254b of the Criminal Code;
d) Terrorist offences and offences connected to terrorist activities – pursuant to Article 108a, Paragraph 1 of the Criminal Code
e) Money laundering or terrorist financing – pursuant to Article 253, 253а, or 253b of the Criminal Code and pursuant to Article 108a, Paragraph 2 of the Criminal Code
f) child labour or other trafficking in human beings – pursuant to Article 192a or 159a – 159d of the Criminal Code.
In Part III, Section D of the ESPD, the participant shall submit information regarding convictions in the following crimes: 194 - 208, Article 213a - 217, Article 219 – 252 and Article 254a – 260 of the Criminal Code (with the exception of the crimes in Point 3.5.1.1., Letter “c”).
5.5.1.2. Information regarding the lack and presence of circumstances on Point 5.1.3 shall be filled in Part III, Section B of the ESPD;
5.5.1.3. Information regarding the lack and presence of circumstances on Point 5.1.4 – 5.1.7. shall be filled in Part III, Section C of the ESPD;
5.5.1.4. Information regarding lack or presence of circumstances on Point 5.1.1. regarding criminal convictions pursuant to Article 172 and Article 352 – 353f of the Criminal Code shall be filled in Part III, Section C, Field 1 of the ESPD. If the answer is “Yes”, the participant shall indicate:
- Date of conviction in force and the factual and legal ground for its decree;
- Term of the decreed penalty.
5.6. The participant, selected by Contractor shall prove the lack of grounds for exclusion by submission of documents, described in Article 58 of the Public Procurement Act;
5.7. In addition to the grounds in Point 5.1., the Contracting Authority shall exclude from the public procurement also:
5.7.1. A participant, who does not correspond to the set selection criteria or fails to execute any other provision in the Contract notice or in the documentation;
5.7.2. A participant who submits offer that does not correspond to the preliminary announced conditions of the procurement;
5.7.3. A participant, who has submitted offer, which does not correspond to the regulations and requirements connected to the preservation of the environment, social or labour legislation, applied collective agreements and/or regulations of the international ecologic, social and labour legislation, that are listed in Appendix No. 10 of the Public Procurement Act;
5.7.4. A participant, who fails to submit within the term the justification pursuant to Article 72, Paragraph 1 of the Public Procurement Act, or whose offer is not accepted pursuant to Article 72, Paragraph 3-5 of the Public Procurement Act;
5.7.5. Participants, who are related persons under the grounds of Paragraph 2, Point 45 of the Additional Provisions of the Public Procurement Act;
5.7.6. A participant, who is registered in preferential tax regime jurisdictions or controlled by person, who is registered in preferential tax regime jurisdictions or participates in Partnership/Consortium, where the company participates, registered in the preferential tax regime jurisdictions (pursuant to Article 3, Point 8 of Economic and Financial Relations with Companies Registered in Preferential Tax Regime Jurisdictions, the Persons Related to Them and Their Beneficial Owners Act), unless if some of the exclusions toward the participant are applicable pursuant to Article 4 of Economic and Financial Relations with Companies Registered in Preferential Tax Regime Jurisdictions, the Persons Related to Them and Their Beneficial Owners Act;
5.7.7. A participant, for whom it is established that under the grounds of incorrect data, an exclusion is applied pursuant to Article 4 of the Economic and Financial Relations with Companies Registered in Preferential Tax Regime Jurisdictions, the Persons Related to Them and Their Beneficial Owners Act (pursuant to Article 5, Paragraph 1, Point 3, letter “a” of the Economic and Financial Relations with Companies Registered in Preferential Tax Regime Jurisdictions, the Persons Related to Them and Their Beneficial Owners Act).
Information regarding the lack or presence of circumstances under Point 5.7.5 and Point 5.7.6. shall be filled in Part III, Section D of the ESPD;
SECTION VI
SELECTION CRITERIA
6.1. The ability (capacity) for exercising professional activity including the requirements regarding the registration in the professional and commercial registers
6.1.1. List and brief description of conditions:
The Contracting Authority shall not set any requirements.
6.2. Economic and financial standing
6.2.1. List and brief description of the selection criteria:
The Contracting Authority shall not set any requirements.
6.3. Technical and professional capacity
6.3.1. List and brief description of selection criteria:
6.3.1.1. In view of the specific character and nature of the procurement and the resulting from it remote probability the experience to be acquired within the past three years, so as in order to provide the necessary competition, the participant must be executed serviceswith subject and in volume that are similar or identical to those of the procurement, during the last 7 (seven) years from the date of submission of the offer. “Similar or identical subject and volume” means the execution of activities:
- in the area of the air traffic complexity modelling*, acquired as a result of participation in related to the air traffic complexity projects, and;
- in the development of the air traffic complexity and control systems**.
*”Air traffic complexity modelling” means the development and/or validation of a model (recreation) of the impact, that particular factors in the operative environment for air traffic control have on the workload of the air traffic controllers;
**“Air traffic complexity assessment and control system” means system that continuously and in real-time collects and processes information for the current and future air situation and based on previously approved model, assesses the effects on the workload of the air traffic controllers (ATCOs). The System provides also a possibility for control of the workload of the ATCOs, allowing previously assessment and further implementation of specific and targeted operative measures as reconfiguration of the airspace or change of the air traffic flows. The System is an upgrade of the traditional assessment methods, based only on the number of the aircraft.
6.3.1.2. The participants shall submit the following documents and evidences connected to the set requirements in order to prove their technical and professional abilities:
6.3.1.2.1. List of the services that are identical or similar to the subject of the procurement, including the values, dates and receivers together with the evidence for executed service.
The document shall be submitted by the participant, set as Contractor or upon request during the procurement – in the cases pursuant to Article 67, Paragraph 5 and 6 of the Public Procurement Act.
The information for the technical and professional abilities shall be filled in Part IV, Section C of the ESPD.
The Contracting Authority may accept submitted evidence for the technical and professional ability, when it stems from person, who has interest that may lead to benefit under the grounds of Article 2, Paragraph 3 of the Conflict of Interest Prevention and Ascertainment Act.
SECTION VII
INSTRUCTIONS FOR PREPARATION AND SUBMISSION OF THE OFFER
7.1. General requirements
7.1.1.The offers shall be submitted to the Registry office of BULATSA, address: 1540 Sofia, 1, Brussels Blvd, within the term, fixed in the Contract notice, in compliance with the requirements of Article 47 of the Rules on Implementation of the Public Procurement Act (RIPPA).
7.1.2. The offer shall be prepared in Bulgarian language in compliance with the requirements of the Public Procurement Act ( the Rules onImplementation of the Public Procurement Act ( and of the Contracting Authority, set forth in the present documentation.
7.1.3. The Contracting Authority shall submit a translation of the documentation for participation in English language for the convenience of the participants but the documentation in Bulgarian language shall be considered as priority.
7.1.4. The participant shall prepare its offer pursuant to Article 40-46 of the Rules on Implementation of the Public Procurement Act.
7.1.5. Pursuant to Article 47, Paragraph 1 of the Rules on Implementation of the Public Procurement Act, the documents related to the participation in the public procurement shall be submitted by the participant or by authorized by him representative personally or via postal or other courier service as registered parcel with acknowledgment of receipt.
7.1.6. Pursuant to Article 47, Paragraph 2 of the Rules on Implementation of the Public Procurement Act, the documents related to the participation shall be submitted by the participant in a sealed, opaque package with indicated:
7.1.6.1. name of the participant, including the members of the partnership, where applicable;
7.1.6.2. mailing address, telephone and if possible – fax and e-mail;
7.1.6.3. name of the public procurement, for which the documents are submitted.
7.2. The offer package shall include:
7.2.1. European Single Procurement Document (ESPD) of the participant to certify the lack of grounds for removal and compliance with the selection criteria, prepared in accordance with Form No. 5, but where applicable – ESPD for each member of the partnership, which is not a company, for each Subcontractor and for each person, whose resources will be involved in the execution of the procurement.The said document shall supply the relevant information required by the Contracting Authority and shall indicate the national databases, which contain the declared circumstances or the competent authorities, which under the law of the State where the candidate or participant is established, are obliged to provide information.
In the preparation of the ESPD for the present procurement, the participant shall submit information from Part II and Part III of the ESPD regarding the Subcontractor, whose capacity the economic operator will not use.
7.2.2. Documents that prove the undertaken measures for reliability, where applicable;
7.2.3. The documents under Article 37, Paragraph 4 of the Rules on Implementation of the Public Procurement Act, when the participant is a member of a partnership;
7.2.4. “Technical proposal”, including:
7.2.4.1. Authorization document, when the person, who submits the offer, is not the legal representative of the participant;