WORKS CONTRACT NOTICE
Construction of Bijeljina Prison, Bosnia and Herzegovina Tender no: EC/BIH/TEN/17/007
1. Publication reference
EuropeAid/140-157/DD/WKS/BA
2. Procedure
Open
3. Programme title
IPA 2015 Country Action Programme for Bosnia and Herzegovina
4. Financing
2018-22.020101
5. Contracting authority
European Commission, on behalf of and for the account of Bosnia and Herzegovina Skenderija 3a, 71 000 Sarajevo, Bosnia and Herzegovina
CONTRACT SPECIFICATIONS
6. Description of the contract
The purpose of this Works Contract is to construct new closed-type prison campus for male inmates situated in Bijeljina at Golo Brdo. The registration office and detention building within perimeter wall are already constructed at the location. The complex is consisting of the following buildings:
- Accommodation buildings – Pavilion A, B, C
- Semi-open section building
- Canteen / works / services building
- Admission / discharge / infirmary building
- Visits building
- Administration building
- Substation with boiler room
- Landscape works
Buildings are designed as freestanding, rectangular shaped structures with gabled roofs. The accommodation is provided with four-person and five-person cells. The whole complex is covered by electronic security systems such as video surveillance, access control and time distribution system, fire detection and alarm system.
7. Number and titles of lots
One lot only:
Lot 1: Construction of Prison Complex in Bijeljina
TERMS OF PARTICIPATION
8. Eligibility and rules of origin
Participation is open to all natural persons who are nationals of and legal persons (participating either individually or in a grouping - consortium - of tenderers) which are effectively established in a Member State of the European Union or in a eligible country or territory as defined under the Regulation (EU) no. 236/2014 establishing common rules and procedures for the implementation of the Union's instruments for external action (CIR) for the applicable instrument under which the contract is financed (see also heading 22 below). Participation is also open to international organisations. All supplies under this contract must originate in one or more of these countries. However, they may originate from any country when the amount of the supplies to be purchased is below EUR 100 000 per purchased.
Please be aware that after the United Kingdom's withdrawal from the EU, the rules of access to EU procurement procedures of economic operators established in third countries and of goods originating from third countries will apply to candidates or tenderers from the United Kingdom, and to all candidates or tenderers proposing goods originating from the United Kingdom1 depending on the outcome of negotiations. In case such access is not provided by legal provisions in force at the time of the contract award, candidates or tenderers from the United Kingdom, and candidates or tenderers proposing goods originating from the United Kingdom could be rejected from the procurement procedure.
However, they may originate from any country when the amount of the supplies to be purchased is below EUR 100 000.
9. Grounds for exclusion
Tenderers must submit a signed declaration, included in the tender form for a works contract, to the effect that they are not in any of the situations listed in Section 2.6.10.1 of the practical Guide.
Tenderers included in the lists of EU restrictive measures (see Section 2.4. of the PRAG) at the moment of the award decision cannot be awarded the contract.
10. Number of tenders
Tenderers may submit only one tender per lot. Tenders for parts of a lot will not be considered. Any tenderer may state in its tender that it would offer a discount in the event that its tender is accepted for more than one lot. Tenderers may not submit a tender for a variant solution in addition to their tender for the works required in the tender dossier.
11. Tender guarantee
Tenderers must provide a tender guarantee of 38 000 euros when submitting their tender. This guarantee will be released to unsuccessful tenderers once the tender procedure has been completed and to the successful tenderer[s] upon signature of the contract by all parties.
12. Performance guarantee
The successful tenderer will be asked to provide a performance guarantee of 10% of the amount of the contract at the signing of the contract. This guarantee must be provided together with the return of the countersigned contract no later than 30 days after the tenderer receives the contract signed by the contracting authority. If the selected tenderer fails to provide such a guarantee within this period, the contract will be void and a new contract may be drawn up and sent to the tenderer which has submitted the next cheapest compliant tender.
13. Information meeting and/or site visit
An optional information site visit will be held on 14th March 2019 at 14:00h Central European Time.
14. Tender validity
Tenders must remain valid for a period of 90 days after the deadline for submission of tenders. In exceptional circumstances, the contracting authority may, before the validity period expires, request that tenderers extend the validity of tenders for a specific period.
15. Period of implementation of tasks
12 calendar months from the commencement date.
SELECTION AND AWARD CRITERIA
16. Selection criteria
In order to be eligible for the award of the contract, tenderers must provide evidence that they meet the selection criteria. This must be provided by tenderers using the forms described in 12.1 of the Instruction to Tenderers and any additional forms tenderers may wish to use. If a tender is submitted by a consortium, unless specified, the selection criteria will be applied to the consortium as a whole.
The selection criteria for each tenderer are as follows:
1. Economic and financial capacity of candidate:
a) The average annual turnover in construction works in the last 3 years for which the accounts have been closed must be at least 3 000 000 EUR (three million euro);
b) In the case of joint venture/consortium the Lead Partner's individual total cumulative turnover in construction works in the last 3 years for which the accounts have been closed must be at least 2 000 000 EUR (two million euro).
c) Tenderer must have access to sufficient credit and other financial facilities to cover the required cash flow for the duration of the contract. In any case, the amount of credit available must be at least 1 000 000 EUR (one million euro).
2. Professional and technical capacity of candidates:
a) The tenderer must be a legal or natural person registered to carry out the specified
b) The tenderer must be duly authorized/licensed to perform the works under this contract in accordance with the relevant law in force in Republika Srpska, BiH. Relevant licence must be submitted together with the offer.
c) The tenderer's key personnel must fulfil the following minimum requirements:
Contractor's Representative (part time) in charge of overall contract management:
- University degree;
- At least 5 (five) years of experience in construction sector;
- Good command of English language.
Site Manager (full time) with the following minimum requirements:
- University degree in engineering discipline;
- Charted Engineer Certificate ("strucni ispit");
- Site Management experience of at least 2 (two) construction/reconstruction projects of similar nature completed over last 5 years prior to the submission of tenders (23.04.2014 – 23.04.2019).
d) The tenderer must present its experience in implementation, as prime contractor, of at least 3 (three) projects of complexity and nature similar to the works subject to this tender, with cumulative value of these 3 (three) projects of at least 3 000 000 EUR (three million euro), completed over the last 5 (five) years prior to the submission deadline (23.04.2014 – 23.04.2019).
Note:
- The referenced projects in 16.2.c) and 16.2.d) above must have been completed in the indicated period but they do not necessarily have to be started within that period;
- The tenderer must present copies of respective certificate(s) of completion for the referenced projects
- CVs of the key staff must be dully filled in, stating the professional experience and listing and providing description for the reference projects;
- Documents proving information presented in the CVs of the key staff must be submitted together with the offer. Only diplomas and experience with documented proof will be taken into account.
Capacity-providing entities:
An economic operator may, where appropriate and for a particular contract, rely on the capacity 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 tenderer relies mostly on the capacity of other entities or when it relies on key criteria. If the tenderer relies on other entities, it must prove to the contracting authority that it will have at its disposal the resources necessary to perform the contract, for example by producing a commitment on the part of those entities to place 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 relying on them and must comply with the selection criteria for which the economic operator relies on them. Furthermore, the tender should include a separate document providing data on this third entity for the relevant selection criterion. Proof of capacity must be furnished at the request of the contracting authority. With regard to technical and professional criteria, a tenderer may only rely on the capacities of other entities where the latter will perform the works for which these capacities are required. With regard to economic and financial criteria, the entities upon whose capacity the tenderer relies, become jointly and severally liable for the performance of the contract.
17. Award criteria
The most economically advantageous tender is the technically compliant tender with the lowest price
TENDERING
18. How to obtain the tender dossier
The tender dossier is available from the following web sites: https://webgate.ec.europa.eu/europeaid/online-services/index.cfm?do=publi.welcome and http://europa.ba/7page id=320. CD with drawings is available free of charge for collection from the following address: Delegation of the European Union to BiH; Finance, Contracts and Audit Section - Procurement, Skenderija 3a, 71000 Sarajevo, BiH. In case that tenderer is not able to collect CD from the premises of the Delegation of the European Union to Bosnia and Herzegovina, CD with drawings could be sent by the courier to the address of the interested party at its own expense.
The tender dossier is also available for inspection at the premises of the contracting authority, address as in point 5 above. Tenders must be submitted using the standard tender form included in the tender dossier, whose format and instructions must be strictly observed.
Tenderers with questions regarding this tender should send them in writing to e-mail: DELEGATION-BOSNIA-AND-HERZEGOVINA-PROCUREMENT@eeas.europa.eu; postal address: Delegation of the European Union to Bosnia and Herzegovina, Contracts, Finance and Audit Section - Procurement team, Skenderija 3a,71000 Sarajevo, Bosnia and Herzegovina (mentioning the publication reference shown in item 1) at least 21 days before the deadline for submission of tenders given in item 19. The contracting authority must reply to all tenderers' questions at least 11 days before the deadline for submission of tenders. Eventual clarifications or minor changes to the tender dossier will be published at the latest 11 days before the submission deadline on the website of DG International Cooperation and Development at https://webgate.ec.europa.eu/europeaid/online-services/index.cfm?do=publi.welcome and EU Delegation to BiH website: http://europa.ba/7page id=320 .
19. Deadline for submission of tenders
The tenderer's attention is drawn to the fact that there are two different systems for sending tenders: one is by post or private mail service, the other is by hand delivery.
In the first case, the tender must be sent before the date and time limit for submission, as evidenced by the postmark or deposit slip , but in the second case it is the acknowledgment of receipt given at the time of the delivery of the tender which will serve as proof.
Deadline: 23rd April 2019, 12:00 hrs Central European Time
Any tender submitted to the contracting authority after this deadline will not be considered.
The contracting authority may, for reasons of administrative efficiency, reject any tender submitted on time to the postal service but received, for any reason beyond the contracting authority's control, after the effective date of approval of the evaluation report, if accepting tenders that were submitted on time but arrived late would considerably delay the evaluation procedure or jeopardise decisions already taken and notified.
How tenders may be submitted
Tenders must be submitted in English exclusively to the contracting authority in a sealed envelope:
• EITHER by post or by courier service, in which case the evidence shall be constituted by the postmark or the date of the deposit slip, to:
Delegation of the European Union to Bosnia and Herzegovina Contracts, Finance and Audit Section - Procurement team Skenderija 3a,71000 Sarajevo, Bosnia and Herzegovina
• OR hand delivered by the participant in person or by an agent directly to the premises of the contracting authority in return for a signed and dated receipt, in which case the evidence shall be constituted by this acknowledgement of receipt, to:
Delegation of the European Union to Bosnia and Herzegovina Contracts, Finance and Audit Section - Procurement team Skenderija 3a,71000 Sarajevo, Bosnia and Herzegovina
Monday to Thursday (Central European Time); 9:30h - 12:00h and 14:30h - 16:30h; Friday: 9:30h - 14:00h
The contract title and the publication reference (see item 1 above) must be clearly marked on the envelope containing the tender and must always be mentioned in all subsequent correspondence with the contracting authority.
Tenders submitted by any other means will not be considered.
By submitting a tenderer accept to receive notification of the outcome of the procedure by electronic means. Such notification shall be deemed to have been received on the date upon which the contracting authority sends it to the electronic address referred to in the tender.
20. Tender opening session
25th April 2019, 14:00 hrs Central European Time
21. Language of the procedure
All written communications for this tender procedure and contract must be in English.
22. Repetition of similar works
Subsequent to the initial contract resulting from the current tender procedure, new works consisting in the repetition of similar works, up to the estimated amount of EUR 500 000, may be entrusted to the initial contractor by negotiated procedure without prior publication of a contract notice, provided the new works are in conformity with the same basic project.
23. Legal basis
Regulation (EU) No 236/2014 of the European Parliament and of the Council of 11 March 2014 laying down common rules and procedures for the implementation of the Union's instruments for financing external action and Regulation (EU) No231/2014 of the European Parliament and of the Council of 11 March 2014 establishing an Instrument for Pre-accession Assistance (IPA II).
Tender Dossier Part 1, EuropeAid/140157/DD/WKS/BA, EC/BiH/TEN/17/007 (21.02.2019)
Tender Dossier Part 2, EuropeAid/140157/DD/WKS/BA, EC/BiH/TEN/17/007 (21.02.2019)
Tender Dossier Part 3, EuropeAid/140157/DD/WKS/BA, EC/BiH/TEN/17/007 (21.02.2019)
Tender Dossier Part 3, EuropeAid/140157/DD/WKS/BA, EC/BiH/TEN/17/007 (21.02.2019)