Ausschreibungen

Common Procurement Vocabulary (CPV): 71247000-1, Supervision of building works 1) Publication reference: Guidelines for the procurement for goods, works and services (under CEB loans, November 2004) OJEU 2012/S 104 – 174039 of 2 Jun 2012; OJBH 54/12 – JANAB-10100-12 of 16 July 2012 2) Procedure: Restricted 3) Programme: Other: Establishment of the institute for execution of criminal sanctions, detention and other measures of Bosnia and Herzegovina 4) Financing: Other: - National contribution - Donations by the EU via the Instrument for Pre-Accession Assistance Programmes (IPA) 2008 and 2010 for Bosnia and Herzegovina, The Kingdom of Sweden and the United States of America. - The Council of Europe Development Bank (CEB) contributes with a loan. 5) Contracting authority: Project Implementation Unit on behalf Ministry of Justice Bosnia and Herzegovina 6) Nature of contract: Fee-based 7) Contract description: The purpose of the contract is to provide supervision services over the works on behalf of the contracting authority to be carried out in relation to construction of the prison facility to be built according to the European Prison Rules. The consultant is required to act as the 'Engineer' in FIDIC terms and to provide supervision services with full responsibility for the execution of all works compliant to contract conditions, as well as to ensure the provision of the services necessary during the defects notification period. The construction of a State level maximum security prison in Bosnia and Herzegovina is a key part of improving the judiciary system. The State prison will be for adult males; untried prisoners remanded in custody or prisoners sentenced by the State Court. The total capacity will be for 348 inmates. The State Prison is situated in East Ilidza Municipality, app. 11 km from Sarajevo. It is estimated that the State Prison facilities for primary prison activities will cover a floor area of approximately 23.000 m 2 . Additionally 10.000 m 2 is foreseen as service areas for installation, emergency operation etc. The establishment will be a low energy structure, having complex security systems. The foreseen construction period will be app. 24 months and works will be implemented as per FIDIC MDB Harmonized Construction Contract General Conditions. 8) Numbers and titles of lots: This contract is not divided into lots. 9) Budget: Maximum budget: 600.000 Euro 10) Scope for additional services: The Contracting Authority may, at its own discretion, extend the project in duration and/or scope, subject to the availability of funding, up to a maximum not exceeding the length and value of the initial contract. Any extension of the contract would be subject to satisfactory performance by the Contractor. Conditions of participation 11) Eligibility: Participation is open to all legal persons participating either individually or in a grouping (consortium) of candidates which are established in a Member State of the European Union or in a country or territory of the regions covered and/or authorised by the specific instruments applicable to the programme under which the contract is financed (see also item 29 below). Participation is also open to international organisations. The participation of natural persons is governed by the specific instruments applicable to the programme under which the contract is financed. 11.1 An Applicant may be a natural person, private entity, government-owned entity — subject to the sub clause 11.5 — or any combination of such entities supported by a letter of intent to enter into an agreement or under an existing agreement in the form of a joint venture or association (JVA). In the case of a joint venture or association all partners shall be jointly and severally liable, for the execution of the Contract in accordance with the contract terms. 11.2 An Applicant, and all parties constituting the Applicant, may have the nationality of any country as defined under the CEB Guidelines (hereinafter referred to as the Guidelines), subject to the restrictions specified in article I.7 of the CEB Guidelines issued November 2004. Ref: http://www.coebank.org/upload/legal/en/Procurement_Guidelines2004.pdf #search="procurement guidelines" An Applicant shall be deemed to have the nationality of a country if the Applicant is a citizen or is constituted, incorporated, or registered and operates in conformity with the provisions of the laws of that country. This criterion shall also apply to the determination of the nationality of proposed subcontractors or suppliers for any part of the Contract including related Services. 11.3 Applicants shall not have a conflict of interest. All Applicants found to have a conflict of interest shall be disqualified. An Applicant may be considered to have a conflict of interest with one or more parties in this prequalification process, if: (a) they have controlling partners in common; or (b) they receive or have received any direct or indirect subsidy from any of them; or (c) they have the same legal representative for purposes of this application; or (d) they have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on the application of another Applicant, or influence the decisions of the Purchaser regarding this prequalification process; or (e) an Applicant participates in more than one application in this bidding process. Participation by an Applicant in more than one application will result in the disqualification of all applications in which the party is involved. However, this does not limit the inclusion of the same subcontractor in more than one application; or (f) an Applicant participated as a consultant in the preparation of the design or technical specifications of the works that are the subject of this prequalification; (g) an Applicant was affiliated with a firm or entity that has been hired (or is proposed to be hired) by the Employer or Borrower as Engineer for the contract. 11.4 A firm that is under a declaration of ineligibility by the Bank in accordance with the article I.15 of the CEB Guidelines issued 2004, at the date of the deadline for submission of the application or thereafter, shall be disqualified. 11.5 Government-owned entities in the Employer's country shall be eligible only if they can establish that they are legally and financially autonomous and operate under commercial law. Also, they shall not be dependent agencies of the Employer. 11.6 Applicants shall provide such evidence of their continued eligibility satisfactory to the Employer, as the Employer shall reasonably request. 12) Candidature: All eligible natural and legal persons (as per item 11 above) or groupings of such persons (consortia) may apply. A consortium may be a permanent, legally-established grouping or a grouping which has been constituted informally for a specific tender procedure. All members of a consortium (i.e. the leader and all other members) are jointly and severally liable to the Contracting Authority. The participation of an ineligible natural or legal person (as per item 11) will result in the automatic exclusion of that person. In particular, if that ineligible person belongs to a consortium, the whole consortium will be excluded. 13) Number of applications: No more than one application can be submitted by a natural or legal person whatever the form of participation (as an individual legal entity or as leader or member of a consortium submitting an application). In the event that a natural or legal person submits more than one application, all applications in which that person has participated will be excluded. 14) Shortlist alliances prohibited: Any tenders received from tenderers having a different composition than the ones on the application forms will be excluded from this restricted tender procedure, unless prior approval from the Contracting Authority has been obtained. Short-listed candidates may not form alliances or subcontract to each other for the contract in question. 15) Grounds for exclusion: As part of the application form, candidates must submit a signed declaration, included in the standard application form, to the effect that they are not in any of the exclusion situations listed in Section 2.3.3 of the Practical Guide to contract procedures for EU external actions. Firms shall be excluded if: (a) as a matter of law or official regulation, the Borrower's country prohibits commercial relations with that country, provided that the Bank is satisfied that such exclusion does not preclude effective competition for the supply of goods or related services required; or (b) by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Borrower's country prohibits any import of goods or contracting of Works or services from that country or any payments to persons or entities in that country. 16) Sub-contracting: Sub-contracting is not allowed. 17) Number of candidates to be short-listed: On the basis of the applications received, at least 3 and at most 6 candidates will be invited to submit detailed tenders for this contract. If the number of eligible candidates meeting the selection criteria is less than the minimum of 3, the Contracting Authority may invite the candidates who satisfy the criteria to submit a tender. Provisional timetable 18) Provisional date of invitation to tender: 22 nd March 2013 19) Provisional commencement date of the contract: 1 st July 2013 20) Initial period of implementation of tasks: Duration in months: 38 from the award of the contract Selection and award criteria 21) Selection criteria: Same criteria for legal and natural person. The following selection criteria will be applied to candidates. In the case of applications submitted by a consortium, these selection criteria will be applied to the consortium as a whole: 1) Economic and financial capacity of candidate (based on item 3 of the application form) In case of applicant being a public body equivalent information should be provided. The average annual turnover of the Applicant must exceed 2.000.000 EUR for the last 3 financial years (2009, 2010 and 2011) excluding this contract. 2) Professional capacity of candidate (based on items 4 and 5 of the application form) At least 10 permanently employed persons out of which 5 are experts (engineers) in the field of civil engineering, or related technical disciplines throughout the previous two years. 3) Technical capacity of candidate (based on items 5 and 6 of the application form) 1. The Applicant should have successfully completed at least 1 supervision contract of similar value, nature and/or complexity for building construction works (excluding renovation works) and including works with the component related to the advance security and surveillance systems governed by the FIDIC Red Book or FIDIC MDB Harmonized Construction Contract General Conditions in the past 3 years prior to the submission deadline of this application. 2. The Applicant has successfully completed supervision services of building construction works with a cumulative supervision contracts value of at least 1.000.000 EUR in the past 3 years (2009, 2010 and 2011), out of which at least 1 contract being above 600.000 EUR. An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. Some examples of when it may not be considered appropriate by the Contracting Authority are when the tender rely in majority on the capacities of other entities or when they rely on key criteria. If the candidate rely on other entities it must in that case prove to the Contracting Authority that it will have at its disposal the resources necessary for performance of the contract, for example by producing an undertaking on the part of those entities to place those resources at its disposal. Such entities, for instance the parent company of the economic operator, must respect the same rules of eligibility and notably that of nationality, as the economic operator. Furthermore, the data for this third entity for the relevant selection criterion should be included in the tender in a separate document. Proof of the capacity will also have to be furnished when requested by the Contracting Authority. If more than 6 eligible candidates meet the above selection criteria, the relative strengths and weaknesses of the applications of these candidates must be re-examined to identify the six best applications for the tender procedure. The only factor which will be taken into consideration during this re-examination is: The ranking shall be based on the cumulative contract value of references satisfying technical capacity point 21.3 criteria 2 of the applicants. 22) Award criteria: Best value for money. Application 23) Deadline for receipt of applications: 25 th February 2013; Local Time 15:00 Any application received after this deadline will not be considered. 24) Applications format and details to be provided: Applications must be submitted using the standard application form, the format and instructions of which must be strictly observed. The application form is available upon written request at the following address: PIU-Ministry of Justice, BiH Attention: Mr. Branko Nešković Street Address: Fra Anđela Zvizdovića 1. Building A, Floor III City: Sarajevo, ZIP Code: 71000, Country: BiH Telephone: +387 33 29 54 47 Facsimile number: +387 33 29 54 48 Electronic mail address: tenderiJIP@mpr.gov.ba Any additional documentation (brochure, letter, etc) sent with an application will not be taken into consideration. 25) How applications may be submitted: Applications must be submitted exclusively to the Contracting Authority in the following language: English EITHER by recorded delivery (official postal service) OR hand delivered (including courier services) directly to the Contracting Authority in return for a signed and dated receipt to: Contact points For the attention of: Project Implementation Unit on behalf Ministry of Justice Bosnia and Herzegovina Fra Andjela Zvizdovica no.1 Building A, III floor 71000 Sarajevo, BiH Contact person: Branko Nešković Telephone: +387 33 29 54 47 Facsimile number: +387 33 29 54 48 Electronic mail address: tenderiJIP@mpr.gov.ba The Contract title and the Publication reference (see item 1 above) must be clearly marked on the envelope containing the application and must always be mentioned in all subsequent correspondence with the Contracting Authority. Applications submitted by any other means will not be considered. 26) Alteration or withdrawal of applications: Candidates may alter or withdraw their applications by written notification prior to the deadline for submission of applications. No applications may be altered after this deadline. Any such notification of alteration or withdrawal shall be prepared and submitted in accordance with Item 25. The outer envelope (and the relevant inner envelope if used) must be marked "Alteration" or "Withdrawal" as appropriate. 27) Operational language: All written communications for this tender procedure and contract must be in: English. 28) Date of publication of general procurement notice: Date: 2 nd June 2012, Notice number in OJEU: 2012/S 104-174039; OJBH 54/12 – JANAB-10100-12 of 16 July 2012 29) Legal basis: Finance Framework Agreement (FFA). 30) Additional information: The signature of contract for the works' supervision is subject to successful completion of the related works tender. The consultant shall act as "Contracting Authority's Personnel" and outputs shall have to comply with current entity Laws and regulation concerning construction, supervision, civil works quality control and environmental protection (RS-Spatial Planning and Construction works Law and the Law of Environmental Protection etc). 31) Date of dispatch of this notice: 7.1.2013.

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