Post on 19-Mar-2020
transcript
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APPROVED BY
SIA “Eiropas dzelzceļa līnijas”
Procurement Commission meeting
of 20 February 2017
(minutes of the meeting No.2)
Chairperson of Procurement Commission
Marika Simanoviča
____________________________
SIA “Eiropas dzelzceļa līnijas”
Open tender
„Provision of study of potential electromagnetic impact on ATM/CNS systems of the
SJSC “Latvijas gaisa satiksme” due to the Rail Baltica railway infrastructure
project and further train operations at Riga International Airport“
Terms of Reference
Procurement identification No. EDZL 2017/3 CEF
Riga,
2017
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1. General information
1.1. Procurement procedure
The procurement procedure is an open tender (hereinafter – tender), which is carried
out according to the Public Procurement Law of the Republic of Latvia (hereinafter –
the Public Procurement Law) and these Terms of Reference (hereinafter – ToR).
1.2. Procurement identification number EDZL 2017/3 CEF.
1.3. Contracting Authority Name of the
contracting
authority:
Limited Liability Company “Eiropas dzelzceļa līnijas”
Registered
address:
Actual address:
3 Gogoļa Street, Rīga, LV-1050
12 Maskavas Street, Rīga, LV-1050
Registration
number:
40103836785
Phone: 66954242
Working hours: Business days from 8.30 am till 5pm.
1.4. Tenderer
A supplier, who has submitted its offer in the tender.
1.5. Procurement Commission
The tender is carried out by the procurement commission of limited liability company
„Eiropas dzelzceļa līnijas“ (hereinafter – SIA “Eiropas dzelzceļa līnijas”), which is
established according to the decree No EDZL-03-1/20 of 30 January 2017 “On the
establishment of a procurement commission for the procurement „Provision of study of
potential electromagnetic impact on ATM/CNS systems of the SJSC “Latvijas gaisa
satiksme” due to the Rail Baltica railway infrastructure project and further train
operations at Riga International Airport““ (hereinafter – commission).
1.6. Funding
The procurement is funded from the Connecting Europe Facility (CEF) project
„Development of a 1435 mm standard gauge railway line in the Rail Baltic/ Rail
Baltica (RB) corridor through Estonia, Latvia, and Lithuania“ funds.
1.7. Contact of the contracting authority
Marika Simanoviča, Deputy Director, Development and Cooperation Department
at SIA “Eiropas dzelzceļa līnijas”, address: 12 Maskavas Street, Riga, LV-1050,
ph. +371 66954241, (e-mail address: marika.simanovica@edzl.lv).
1.8. Information on the tender subject 1.8.1. The subject of the tender is the aeronautical assessment of the potential impact
that the railway infrastructure project by Rail Baltica and further train
operations, can cause on the radio signal performance of the CNS systems at
Riga International Airport (hereinafter – Service) according to Annex 2 of the
ToR: „Technical Specification“. The service is delivered as follows:
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1.8.1.1. Following a request by the interested Tenderer/s sent to the e-mail
address: marika.simanovica@edzl.lv the Contracting Authority will organise a
Site Survey in the facilities of SJSC “Latvijas gaisa satiksme”, International
Airport Riga, Mārupe municipality, LV-1053, in the third week after the
notification on the contract is published on the website of Procurement
Monitoring Bureau: www.iub.gov.lv at the time indicated by Contracting
Authority. Information about the Site Survey will be published by Contracting
Authority on its website www.edzl.lv with the tender ToR, 1 (one) week
before the Site Survey. Site Survey by interested suppliers is not mandatory.
1.8.1.2. The Tenderer shall submit a list to the Contracting Authority's e-mail
address: marika.simanovica@edzl.lv, which lists, what information and
documents will be needed by the Tenderer to provide the Service. Within 2
(two) weeks after receipt of the request the Contracting Authority shall provide
an answer, what information and documents are at the disposal of the latter,
and the answer shall also be published on its website www.edzl.lv.
Information and documents, which are not at the disposal of the Contracting
Authority, shall be acquired by the Contractor, and costs thereof shall be
included in the offer price. Should the Contractor establish during the Service
provision that it needs extra information or documents to provide the Service,
which it has not listed, the Contractor shall bear liability for this and the
attributable costs incurred to Contractor will not be covered on top.
1.8.1.3. No later than within 10 (ten) days after the Contract comes into effect the
Contracting Authority shall send to the Contractor the requested documents
according Clause 1.8.1.2 herein to and documents at the disposal of
Contracting Authority.
1.8.1.4. The Contractor drafts and submits a Preliminary Report to the Contracting
Authority no later than 50 (fifty) days after the Procurement contract has come
into effect and shall arrive in Riga to present it to the Contracting Authority no
later than within 60 (sixty) days.
1.8.1.5. The Contractor shall draft and send to the Contracting Authority for
approval the Final Draft Report no later than 75 (seventy-five) days after the
Procurement contract has come into effect. The Contracting Authority reviews
and sends to the Contractor information on relevant amendments and/or
clarifications in the Final Draft Report within 1 (one) week after the receipt of
the Final Draft Report.
1.8.1.6. Based on the information provided by the Contracting Authority on
relevant amendments and/or clarifications in the Final Draft Report, drafts and
submits the Final Report to the Contracting Authority within 90 (ninety) days
after the Procurement contract has come into effect. Following the signing of
the Final Report delivery-acceptance protocol by both parties, the Final Report
will be used for the development of the technical design of the International
Airport Riga railway station, related infrastructure and overpass.
1.8.2. The tender is not split into lots.
1.8.3. The Tenderer is forbidden to submit alternative offers.
1.8.4. CPV code: 73000000-2.
1.8.5. The envisaged contract fee of the procurement: up to 110,000 (one hundred
and ten thousand) EUR excluding value added tax (hereinafter – VAT).
1.9. Time and place of contract execution
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1.9.1. Period of time for contract fulfilment: 90 (ninety) days after the contract has
come into effect.
1.9.2. Contract duration: until complete fulfilment of liabilities.
1.9.3. Location for contract fulfilment: Mārupe municipality, Latvia.
1.10. Procedures for information exchange and receipt of tender ToR
1.10.1. The Contracting Authority may be visited upon presentation of special entry
permits, and therefore the Tenderer shall announce its visit at least 2 hours in
advance by calling +371 66954242 or +371 66954241.
1.10.2. The Contracting Authority publishes a notification of the contract for the open
tender „Provision of study of potential electromagnetic impact on ATM/CNS
systems of the SJSC “Latvijas gaisa satiksme” due to the Rail Baltica railway
infrastructure project and further train operations at Riga International Airport“
in the website of procurement Monitoring Bureau: www.iub.gov.lv.
1.10.3. Exchange of information between the commission and interested suppliers and
Tenderers shall be in writing – by mail or e-mail to the Contracting Authority
contact person's e-mail address.
1.10.4. Tender ToR, amendments to regulations and other relevant information about
the Tender regulations shall be published on the Contracting Authority's website:
www.edzl.lv.
1.10.5. Where the interested supplier in due time requests extra information on the
requirements contained within the ToR regarding the preparation and submission of
bid or the selection of Tenderers, the commission shall provide it within 5 (five)
days, but no later than 6 (six) days before the bid submission deadline. Answers to
the supplier requests for extra information about the ToR are sent to the interested
supplier, who posted the question, and is also published on the website of the
Contracting Authority: www.edzl.lv.
1.10.6. The interested suppliers are obliged to check the information published on the
website of the Contracting Authority.
1.10.7. All interested suppliers can view the ToR free of charge in the premises of the
Contracting Authority, address according to Clause 1.7 herein, every business day
from 8.30am to 5pm, subject to prior announcement of the visit to the contact
person of the Contracting Authority by calling +371 66954241 at least 2 (two)
hours in advance.
1.10.8. Where the interested supplier requests the ToR in paper, the commission shall
present it to the interested supplier within 2 (two) business days after the respective
request has been received, provided that the request has been submitted prior to the
bid submission deadline.
1.10.9. The Tenderer shall cover all and any costs related to drafting and submission of the
bid. The Contracting Authority shall not be held liable for these costs irrespective of
the tender outcome.
1.11. Bid submission and opening
1.11.1. The bids can be submitted by mail or in person to SIA “Eiropas dzelzceļa līnijas”,
12 Maskavas Street, Riga, LV-1050, on business days from 9am till 12am and from
1pm till 16.45pm, by 13 April 2017 at 10am, subject to prior notification of the
visit by calling +371 66954242 or +371 66954241. Postal deliveries are deemed
submitted in time, if they are received in the address indicated above by the bid
submission deadline.
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1.11.2. The submitted bid can be revoked or amended by the Tenderer only until the bid
submission deadline. In case of bid replacement the bid submission time is deemed
the time the last bid was submitted.
1.11.3. Where the bid has been submitted after the bid submission deadline, it is given back
or sent by mail back unopened to the Tenderer.
1.11.4. The submitted bids will be opened at SIA “Eiropas dzelzceļa līnijas”, 12
Maskavas Street, Riga, LV-1050, in an open procurement commission meeting
right after the bid submission deadline.
1.11.5. The bids are opened at the procurement commission meeting according to the
sequence they were submitted by calling out the Tenderer, the date and time its
bid was submitted, the offered price, and other information, which describes
the bid. Following a request by the meeting participant, the commission shall
present the Financial Offer, which according to the required Financial Offer
template demonstrates the offered price, securing generally available
information is not disclosed.
1.11.6. Data announced at the bid opening meeting are recorded on the registration
sheet of submitted bids, which is signed by the commission members present.
Following a request by a Tenderer, the copy of the registration sheet from the
bid opening meeting is handed over or sent to the tenderer.
1.12. Requirements as regards the design of the bid
1.12.1. The bid is submitted in a sealed/ stamped envelope/ package, which bears the
following on top of it:
a) Name and mailing address of the Contracting Authority; SIA “Eiropas dzelzceļa
līnijas”, 12 Maskavas Street, Riga, LV-1050
b) Name, registration number and registered address of the Tenderer;
c) remark:
BID FOR THE OPEN TENDER
„Provision of study of potential electromagnetic impact on ATM/CNS systems of
the SJSC “Latvijas gaisa satiksme” due to the Rail Baltica railway infrastructure
project and further train operations at Riga International Airport“
Identification No. EDZL 2017/3 CEF
Do not open before the bid submission deadline on 13 April 2017 at 10am“
1.12.2. The bid consists of the following sections:
a) Application for participation in the Tender;
b) Qualification documents of the Tenderer;
d) Technical Offer;
e) Financial Offer.
1.12.3. The Tenderer submits 1 (one) original bid typed in paper bearing the remark
„ORIGINAL“ and 1 (one) copy with the remark „COPY“. Where the copy of
the bid differs from its original, the commission shall refer to the original. The
bid shall be submitted also electronically, on a digital data carrier, in a format,
which is legible by standard software tools, while the Financial Offer shall be
submitted in Microsoft Office Excel format. The electronically submitted bid
shall be enabled the print functions and documents by the Tenderer shall be
enabled the search function. The digital data carrier containing the electronic
bid shall be inserted in the envelope/ package according to Clause 1.12.1
herein.
1.12.4. The bid shall have a table of contents listing each part of the bid documents.
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1.12.5. Except for the bid guarantee, all other bid documents shall be sewn together
preventing the removal of any page thereof without damage to the perforation
fixing. The perforating string is attached at the back of the last page by
sticking a self-adhesive label onto it; the label shall bear a remark of the
number of pages in the document and shall be signed by an authorised
signatory or an authorised person of him. The label shall bear the number of
pages, the position, signature and full name, surname of the representative of
the Tenderer. The pages shall be numbered in line with the attached table of
contents.
1.12.6. The documents included in the bid shall be clearly legible in typewriting,
without any strikethrough texts, additions, unjustified corrections, use of
correction pens or deletions. In case of any amendments, these shall be
justified in according to statutory requirements under the Cabinet of Ministers
Regulation No. 916 „Procedures for drafting and finishing documents“ of 28
September 2010.
1.12.7. In the bid or following a request by the commission, original documents of
legal power shall be submitted. For a document to become valid, it shall be
issued and designed according to the Law On Legal Force of Documents,
while a public document issued abroad shall be legalised or approved (by
means of an apostille) according to the statutory requirements of the Law On
Legal Force of Documents. A public document issued abroad is not subject to
the requirement to legalise or approve it (by means of an apostille), if it is
issued in the European Union, European Economic Area member state, or in
the Swiss Confederation.
1.12.8. The bids shall be drawn up either in English, or Latvian. Bid documents
drafted in another language shall have an attached translation approved by the
Tenderer in English or Latvian according to the Cabinet of Ministers
Regulation No 291 „Procedures for the Certification of Document Translations
in the Official Language“ of 22 August 2000. The Tenderer is liable for the
consistency of translation with the original.
1.12.9. Copies of documents are drafted and designed according to Law On Legal
Force of Documents and Cabinet of Ministers Regulations No. 916
„Procedures for drafting and finishing documents“ of 28 September 2010.
Should the commission doubt the authenticity of a submitted document
copy, it requires the Tenderer presents the original document.
1.12.10. At the submission of the bid, the Tenderer has the right to approve all copies
and translations of submitted documents with a single approval, provided the
whole bid is bound as a single unit.
1.12.11. The bid shall be signed by and authorised signatory of the Tenderer or an
authorised person by him, and a respective power of attorney shall be
attached, which is a proof the person is authorised to sign the bid and
approve the copies and translations of submitted documents.
1.12.12. Where the bid is submitted by a partnership, the bid shall be signed by all
entities, which are part of the partnership, or a person authorised by the
partnership.
1.12.13. Upon submission of the bid, the Tenderer fully acknowledges all provisions
contained within the ToR.
1.12.14. The submitted bids are property of Contracting Authority and shall not be
returned to the Tenderer.
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1.13. Other information
1.13.1. All submitted bids are stored unopened in their packages/ sealed packages
until the bid opening meeting. Early opening of bids is prohibited.
1.13.2. The Tenderer shall cover all and any costs related to the preparation and
submission of the bid.
1.13.3. Where the bid is submitted by a partnership of suppliers, which is awarded the
contract, before signing the contract, it shall officially register the general
partnership within 15 (fifteen) days after the expiry of waiting term according
to Article 67(4) of the Public Procurement law.
1.13.4. Except for the Technical Specification, the ToR are drafted in Latvian with a
translation in English. Except for the Technical Specification, in case there is a
conflict between the Latvian and English text of the ToR, the ToR in Latvian
shall prevail. The Technical Specification is drafted only in English, since
English is the official aviation language (Chicago Convention, ICAO Annex
10), and the Technical Specification in English will provide for a clear
understanding of the subject of the procurement and the technical provisions.
2. Bid guarantee A bid guarantee is not requested.
3. Documents to be included in the bid
3.1. The bid shall contain documents in the following sequence:
3.1.1. title page bearing the title of the tender „Bid for the procurement EDZL 2017/3
CEF „Provision of study of potential electromagnetic impact on ATM/CNS
systems of the SJSC “Latvijas gaisa satiksme” due to the Rail Baltica railway
infrastructure project and further train operations at Riga International Airport“
and the name of the Tenderer“;
3.1.2 Table of contents with page numbering;
3.1.3 application for participation in the tender according to the template provided
in Annex 1 hereof;
3.1.4 power of attorney, where the bid is signed by a person authorised by the
Tenderer, who is not the official authorised signatory of the Tenderer;
3.1.5 where the bid is submitted by a partnership of suppliers, an agreement
signed by all parties stating the willingness to take part in the tender shall be
submitted. The agreement shall contain the following;
3.1.5.1. a statement that all members of the partnership of suppliers
will be jointly liable for the fulfilment of the procurement contract, in
case the Tenderer will be granted the right to fulfil the contract;
3.1.5.2. determination of the scope of involvement by each member of
the partnership of suppliers, including the share, roles, and tasks to be
carried out;
3.1.5.3. an authorisation of the member of the partnership, who will
represent all members of the partnership;
3.1.5.4. a written document stating that in case the partnership of
suppliers will be granted contract conclusion rights it undertakes to
merge by conclusion of the procurement contract and register a general
partnership in a registration authority within 15 (fifteen) days after the
expiry of the waiting term according to Article 67(4) of the Public
Procurement Law.
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3.1.6. Tenderer's qualification documents, which shall be submitted under Section 5
of the ToR.
3.1.7. Where the Tenderer relies on the capabilities of other entities, for the
Tenderer to meet the qualification requirements as regards the Tenderer's
compatibility for professional activity, economic and financial condition, or
technical and professional skills, a statement on participation in the tender
signed by each entity, on whose capabilities the Tenderer relies, and in case
the contract will be awarded, a statement on the involvement in the
procurement contract fulfilment and resources, which will be placed at the
disposal of the Tenderer, along with the following information to be
provided:
3.1.7.1. for a legal entity – title, registration number and registered address;
for a physical entity – name, surname, personal ID number and address;
3.1.7.2. information according to the regulations as regards the qualification
requirements, for the fulfilment of which the Tenderer relies on the
capabilities of other person.
3.1.7.3. Where the Tenderer relies on the capabilities of other persons,
for the Tenderer to meet the qualification requirements as to the
economic and financial condition, this person shall be jointly liable
together with the Tenderer for the fulfilment of the procurement
contract.
3.1.8. Where the Tenderer plans to employ sub-contractors, a list (drafted
according to template provided in Annex 5 herein) of sub-contractors and
sub-contractors of sub-contractors, whose share of service to be assigned to
them is at least 20% of the total contract value. The following information shall
be indicated for each of the sub-contractors:
3.1.8.1. name, joint registration number, address, contact person and his/her
phone, share (%) of the scope of responsibility, description of the part of
contract to be subcontracted, and the financial calculation shall be
added, which indicates the share (%) of subcontracted contract works;
3.1.8.2. statement by each sub-contractor that it is willing to carry out the
part of the subcontracted contract work;
3.1.9. Technical Offer (according to Section 6 of the regulations);
3.1.10. Financial Offer (according to Section 7 of the regulations).
4. Tenderers' exclusion rules 4.1. The commission shall exclude the Tenderer from further participation in the
procurement procedure and shall not review the Tenderer's bid, if it meets the
Tenderer exclusion criteria under Article 39.1(1) Point 1, 2, 3, 4, 5, 6, 7 and 8 of
the Public Procurement Law:
4.1.1. a Tenderer or a person, who is a member of the board of directors or council or
procurator of a Tenderer, or a person having the right to represent the Tenderer in
activities related to a subsidiary, has been found guilty in any of the following
criminal offences by a such punishment prescription of prosecutor or a
judgement of a court that has entered into effect and is non-disputable and not
subject to appeal:
4.1.1.1. establishment, management, or involvement in the activities of a
criminal organisation or part of an organised group thereof, or in any
other illegal formation, or participation in the criminal offences of such
organisation,
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4.1.1.2. bribetaking, bribery, bribe misappropriation, intermediation in bribery,
taking of prohibited benefit or commercial bribing, requesting, taking
and giving illegal benefit, trading for impact,
4.1.1.3. fraud, misappropriation, or laundering
4.1.1.4. terrorism, financing of terrorism, invitation to terrorism, terrorism
threats or recruiting and training of a person for performance of terror
acts,
4.1.1.5. human trafficking,
4.1.1.6. evading payment of taxes and payments equivalent thereto;
4.1.2. a Tenderer, by such a decision of a competent authority or a judgement of a court
which has entered into effect and has become non-disputable and not subject to
appeal, has been found guilty of an infringement, which means:
4.1.2.1. employment of such one or more persons, who do not hold the
respective work permit or if they reside in the territory of the European
Union Member States illegally,
4.1.2.2. employment of one person without entering into a written employment
contract, not submitting an informative declaration regarding
employees in respect of such person within a time period laid down in
the laws and regulations, which is to be submitted regarding persons
who commence work;
4.1.3. a Tenderer, by such a decision of a competent authority or a judgement of a court
which has entered into effect and has become non-disputable and not subject to
appeal, has been found guilty of infringement of competition rights manifested as
horizontal cartel agreement, except for the case when the relevant authority, upon
determining infringement of competition rights, has released the Tenderer from a
fine or reduced fine within the framework of the co-operation leniency
programme.
4.1.4. Insolvency proceedings have been declared for the Tenderer, the economic
activity of the Tenderer has been suspended, the Tenderer is wound up.
4.1.5. It has been established that on the last day of bid submission the Tenderer or on
the day a decision is made to grant the contract conclusion rights the Tenderer
has tax debts in Latvia and a country where it is registered or permanently
residing, including debts of mandatory State social insurance contributions in
total exceeding 150 Euro in each country. In respect to Tenderers registered or
permanently residing in Latvia, the Contracting Authority shall take into account
the information, which is published on the last date of update on the public tax
debtors' database of State Revenue Service, which is an information system
determined by the Cabinet of Ministers.
4.1.6. Considering Article 23(1) and Article 23(2) of the Public Procurement Law, the
individual, who has drafted the procurement documentation (an official or
employee of the Contracting Authority), a member or expert of the procurement
commission is related to or interested in the selection of a particular Tenderer,
and the Contracting Authority cannot avert the situation by measures restricting
the Tenderer to a smaller degree;
4.1.7. The Tenderer has competitive advantages in the procurement procedure, because it
itself or an affiliated legal entity has been involved in the preparation of the
procurement procedure according to Article 11(4) of the Public Procurement
Law and it cannot be averted with less limiting measures and the Tenderer
cannot prove, that the participation of it or its affiliated legal entity in the
preparation of the procurement procedure does not limit the competition.
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4.1.8. a Tenderer has provided false information to certify the conformity with the
provisions of Article 391 of the Public Procurement Law or qualification
requirements of Tenderers laid down in accordance with this Law, or has not
provided the requested information at all.
4.2. The Contracting Authority shall not exclude a Tenderer from the participation in a
procurement procedure if:
4.2.1. three years have passed from the day when the judgement of a court, the
punishment prescription of a prosecutor or a decision taken by another competent
authority on infringements referred to in Article 391(1) Clause 1 and Clause 2,
Sub-clause “a” (Clause 4.1.1 and Clause 4.1.2.1 herein) became non-disputable
and not subject to appeal till the day when the application or tender was
submitted;
4.2.2. 12 months have passed from the day when the judgement of a court or a decision
taken by another competent authority on infringements referred to in Article
391(1) Clause 2, sub-clause „b“, and Clause 3 (Clause 4.1.2.2 and Clause 4.1.3
herein) became non-disputable and not subject to appeal till the day when the
application or tender was submitted;
4.3. According to Article 39.1(1) Clause 9 of the Public Procurement Law, the member
of a general partnership, where the Tenderer is a general partnership, shall be
subject to requirements of Article 39.1(1) Clause 1, 2, 3, 4, 5, 6 or 7 of the Public
Procurement Law.
4.4. According to Article 39.1(1) Clause 9 of the Public Procurement Law, the sub-
contractor of the Tenderer, where the value of the subcontracted construction
works or services to be provided is at least 20 per cent of the total contract value,
shall be subject to requirements of Article 39.1(1) Clause 2, 3, 4, 5, 6 or 7 of the
Public Procurement Law.
4.5. According to Article 391(1) Clause 11 of the Public Procurement Law, the person,
on whose capabilities the Tenderer relies to prove its qualification meets the
requirements set in the announcement of the contract or in the procurement
procedure documents, is subject to requirements of Article 391(1) Clause 1, 2, 3,
4, 5, 6 or 7 of the Public Procurement Law.
4.6. The verification regarding the existence of exclusion cases for Tenderers according to
Article 391(1) is carried out for each Tenderer, who according to requirements of the
ToR and the selected bid selection criterion should be awarded the contract.
4.7. In order to verify, whether the Tenderer or a member of a general partnership, if the
Tenderer is a general partnership, or a sub-contractor indicated by the Tenderer, the
subcontracted contract value of which is at least 20 per cent of the total contract
value, or a person indicated by the Tenderer, on whose capabilities the Tenderer
relies to approve its qualification meets the Regulation requirements, shall not be
excluded from the procurement procedure according to Article 391(1) Clause 1, 2, 3,
4, 5 and 7 of the Public Procurement Law, as regards persons registered or
permanently residing in Latvia, the Contracting Authority shall make use of the
information system determined by the Cabinet of Ministers.
4.8. Depending on the results from the information system, the Contracting Authority:
4.8.1. does not exclude the Tenderer from the procurement, if it establishes that
according to the information, which is published on the last date of update on the
public tax debtors' database of State Revenue Service, which is an information
system determined by the Cabinet of Ministers, the Tenderer or the person
according to Article 391(1) Clause 9, 10 and 11, has had no tax debts on the last
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day of bid submission, including mandatory State social insurance contributions,
exceeding in total 150 Euro.
4.8.2. informs the Tenderer that according to the information, which is published on the
last date of update on the public tax debtors' database of State Revenue Service,
which is an information system determined by the Cabinet of Ministers, the
Tenderer or the person according to Article 391(1) Clause 9, 10 and 11, has had
tax debts on the last day of bid submission or at the day, when the decision on
alleged granting of contract conclusion rights is made, including mandatory State
social insurance contributions, exceeding in total 150 Euro, and the Contracting
Authority sets a deadline of 10 after the day the information was provided or sent
that the Tenderer shall submit a statement that on the last day of bid submission
or at the day, when the decision on alleged granting of contract conclusion rights
is made it had no tax debts, including mandatory State social insurance
contributions, exceeding in total 150 Euro. Where the Tenderer fails to submit
the statement in due time, the Tenderer is excluded from the procurement. In
order to prove that the Tenderer and the person under Article39.1(1) Point 9, 10,
and 11 did not have tax debts, including mandatory State social insurance
contributions, exceeding in total 150 Euro, within the term herein the following
shall be submitted by the respective person or its representative:
4.8.2.1. approved printout from the electronic declaration system of State
Revenue Service or a statement from State Revenue Service that this
person did not have the respective tax debts, including mandatory State
social insurance contributions' debts;
4.8.2.2. before the last day of bid submission or before the day, when a
decision is made on alleged contract conclusion, a copy of a document,
where the State Revenue Service extends the deadline for tax payment
or on tax postponement, or a copy of an agreement with State Revenue
Service on tax payment, or other objective proof of the non-existence
of tax debts.
4.9. Where the Contracting Authority establishes that the sub-contractor, whose
subcontracted service value is at least 20 per cent of the total contract value, or
where the person, on whose capabilities the Tenderer relies to approve that its
qualification meets the requirements as set out in the tender regulations, meets the
exclusion cases as mentioned by Article 391(1) Clause 1, 2, 3, 4, 5, 6 or 7 of the
Public Procurement Law, it shall request that the Tenderer replaces the respective
person. Where the Tenderer within 10 business days after it has been provided or
sent a request fails to submit documents about a new sub-contractor or a person
meeting the requirements as set out in the tender regulations, on whose capabilities
the Tenderer relies to approve that its qualification meets the requirements as set out
in the tender regulations, the Contracting Authority shall exclude it from
participation in the procurement procedure.
4.10. In order to check, whether or not the member of the board of directors or council or
procurator of the Tenderer, who is registered in Latvia, or a person having the right
to represent the Tenderer in activities related to a subsidiary and who is registered or
permanently resides abroad, or a Tenderer, who is registered or resides permanently
abroad, or a person according to Article 391(1) Point 9, 10 and 11, who is registered
or resides permanently abroad, does not meet the exclusion provisions according to
Article 39.1(1) of the Public Procurement Law, the Contracting Authority, except
for cases stipulated by Article 39.1(11) of the Public Procurement Law, shall request
that the Tenderer submits a certificate by the respective competent authority proving
12
that the member of the board of directors or council or procurator of the Tenderer,
who is registered in Latvia, or a person having the right to represent the tenderer in
activities related to a subsidiary and who is registered or permanently resides
abroad, or a Tenderer, or a person according to Article 391(1) Point 9, 10 and 11,
does not meet the cases according to Article 39.1(1) of the Public Procurement Law.
The deadline for the submission of the certificate is set to at least 10 business days
from the day the request was provided or sent. If the Tenderer does not submit the
referred-to statement within the laid down deadline, the Contracting Authority shall
exclude it from participation in the procurement procedure.
4.11. If such documents, by which the Tenderer registered or permanently residing in a
foreign country may certify that the conditions indicated in Article 391(1) of the
Public Procurement Law do not apply to him or her, are not issued or they are not
sufficient to certify that the conditions indicated in Article 391(1) of the Public
Procurement Law do not apply to the Tenderer, the referred-to documents may be
replaced with an oath or, if laws and regulations of the relevant country do not
provide for giving of an oath, with a certification of the Tenderer itself or the person
referred to in Article 391(1) of the Public Procurement Law to the competent
executive authority or judicial authority, a sworn notary or a competent organisation
in the relevant sector in the country of registration (permanent residence) thereof.
4.12. Assessment of proof submitted to ensure credibility according to Article 393 of the
Public Procurement Law:
4.12.1. Where the Tenderer or a member of the general partnership, if the Tenderer
is a general partnership, meets the exclusion case according to Article
391(1) Point 1, 2, 3, 4, 6 or 7 of the Public Procurement Law, the Tenderer
indicates this in the bid and, if it is deemed as the one, which should be
granted contract conclusion rights, it shall together with the bid submit an
explanation and proof of the loss compensation or a concluded agreement
on the loss compensation, cooperation with investigation authorities and
undertaken technical, organisational, or human resource management
measures to prove its reliability and prevent the occurrence of the same or
similar cases in future.
4.12.2. Where the Tenderer fails to submit an explanation and proof, the
Contracting Authority shall exclude the respective Tenderer from the
procurement procedure, since it meets the exclusion case according to
Article 391(1) Point 1, 2, 3, 4, 6 or 7 of the Public Procurement Law.
4.12.3. The Contracting Authority shall assess the measures and their proof by the
Tenderer or a member of the general partnership, where the Tenderer is a
general partnership, considering the severity of the crime or offence and
the particular circumstances. The Contracting Authority is entitled to
request the competent authorities of the respective crime or offence to
provide a statement regarding the adequacy of measures undertaken by the
Tenderer to restore the reliability and to prevent such and similar cases in
future.
4.12.4. Where the Contracting Authority is of the opinion that the measures
undertaken are sufficient to restore the reliability and to prevent such and
similar cases in future, it makes a decision not to exclude the respective
Tenderer from the procurement procedure. If the measures undertaken are
not sufficient, the Contracting Authority makes a decision to exclude the
respective Tenderer from the procurement procedure.
13
4.13. The Contracting Authority shall accept and acknowledge statements and other
documents, which are issued by competent authorities according to the cases
stipulated by the Public Procurement Law, if these are issued not earlier than 1
(one) month before the date of submission.
4.14. Accepting the European Single Procurement Document:
4.14.1. The Contracting Authority shall accept the European Single Procurement
Document as an initial proof for the eligibility of qualification
requirements imposed on the Tenderer by the Tender. Where the Tenderer
opts for submitting the European Single Procurement Document in order to
approve that it meets the qualification requirements imposed on the
Tenderer by the Tender regulations, the Tenderer shall submit such a
document also for each person, on whose capabilities the Tenderer relies to
prove its qualification meets the requirements of the Tender
documentation, and for the sub-contractor, whose value of subcontracted
services is at least 20 per cent of the procurement contract value. Where the
Tenderer is a partnership of suppliers, the Tenderer shall submit an
individual European Single Procurement Document for each of its
members.
4.14.2. The Tenderer is entitled to submit to the Contracting Authority the
European Single Procurement Document, which was submitted within
another procurement procedure, if it approves that the information
contained therein is correct.
4.14.3. The templates of the European Single Procurement Documents are set by
the Commission Implementing Regulation (EU) 2016/7 of 5 January 2016
establishing the standard form for the European Single Procurement
Document, and can be found at: http://www.iub.gov.lv/lv/node/587.
5. Tenderers' qualification requirements
5.1. The Tenderers shall meet the following qualification requirements as to its
compatibility to undertake the professional activity, economic and financial
condition, or technical and professional skills, and shall submit the following
documents:
No. Qualification requirements to Tenderers Documents to be submitted
1. Requirements as the the compatibility
of the Tenderer to undertake
professional activity
14
1.1. For its economic activities, the Tenderer
is registered according to statutory
provisions.
The requirements apply also to the
general partnership and each member of
the general partnership (where the bid is
submitted by a general partnership) or
each member of the partnership of
suppliers (where the bid is submitted by a
partnership of suppliers), and to sub-
contractors and persons, on whose
capabilities the Tenderer relies to meet
the qualification requirements as to the
compatibility of Tenderer to undertake
professional activity, economic and
financial conditions, or technical and
professional skills (if the Tenderer
envisages to employ sub-contractors or
persons, on whose capabilities it relies).
Tenderers registered in the republic
of Latvia – the Contracting
Authority shall acquire information
from public data bases, whether or
not the Tenderer is registered
according to statutory provisions.
A foreign Tenderer shall submit a
document (original or copy) issued
by a respective competent authority
abroad, which proves that the
Tenderer is registered according to
statutory provisions (the Tenderer
holds legal capacity to act).
1.2. The official of the Tenderer, who has
signed the bid documents, holds
signatory (representation) rights.
The requirements apply also to the
general partnership and each member of
the general partnership (where the bid is
submitted by a general partnership) or
each member of the partnership of
suppliers (where the bid is submitted by a
partnership of suppliers), and to persons,
on whose capabilities the Tenderer relies
to meet the qualification requirements as
to the compatibility of Tenderer to
undertake professional activity, economic
and financial conditions, or technical and
professional skills (if the Tenderer
envisages to employ sub-contractors or
persons, on whose capabilities it relies).
Tenderers from the Republic of
Latvia – the Contracting Authority
will check public data bases,
whether the official of a Tenderer,
who has signed the bid documents,
holds signatory (representation)
rights.
Foreign Tenderers shall submit an
original document or a copy thereof
issued by a respective competent
governmental authority proving the
official of the Tenderer, who has
signed the application documents or
who has issued a proxy to sign
application documents, holds
signatory (representation) rights.
Where the bid is signed by a person,
who does not hold signatory
(representation) rights, the Tenderer
shall issue a proxy by a person
holding signatory rights authorising
another person to sign the bid, if it
will be signed by this authorised
person.
2. Requirements as to technical and
professional capacity of the Tenderer
2.1. The Tenderer has a quality management
system in place, which supports the
Copy of EN ISO 9001 certificate,
issued by an appropriately accredited
15
origination, production, storage, handling,
processing, transfer and distribution of
aeronautical data and aeronautical
information and provisions laid down in
Commission Regulation (EU) No.
73/2010 of 26 January 2010 laying down
requirements on the quality of
aeronautical data and aeronautical
information for the single European sky.
organization, or any other proof in
accordance with the requirements
laid down in Annex VII, Part A of
Commission Regulation (EU) No.
73/2010 of 26 January 2010 laying
down requirements on the quality of
aeronautical data and aeronautical
information for the single European
sky, proving that the Tenderer's
quality management system
complies with the requirements laid
down in the Regulation.
2.2. The Tenderer holds a Certificate for
Conventional Flight Procedure Design
(ILS, VOR/DME).
A copy of a certificate issued by an
EU Member State civil aviation
national supervisory authority.
2.3. During the last 3 (three) years (2014,
2015, 2016, and 2017 until the bid
submission day) the Tenderer has
experience in making assessments in at
least 4 (four) airports, of which at least 2
(two) are large airports (more than 100
inbound/ outbound operations per day),
which included complex electromagnetic
impact assessments (where the model
included at least 3 (three) objects).
Contract fee for each assessment was at
least EUR 100,000 (one hundred
thousand) excl. VAT.
Filled-in and signed table of
experience by the Tenderer, which
has been drafted according to the
template provided in Annex 3
herein, and at least 2 (two) positive
recommendation letters from the
contracting authorities of completed
assessments by the Tenderer listed in
the table.
2.4. During the last 3 (three) years (2014,
2015, 2016, and 2017 until the bid
submission day) the Tenderer has
experience in making at least 1 (one)
railway electromagnetic impact
assessment on air navigation NAV and/or
SUR and/or COM systems, where the
contract fee was at least EUR 100,000
(one hundred thousand) excl. VAT.
Filled-in and signed table of
experience by the Tenderer, which
has been drafted according to the
template provided in Annex 3
herein, and at least one positive
recommendation letter from the
contracting authority of completed
assessment by the Tenderer listed in
the table.
2.5. At the moment the procurement contract
is concluded, the Tenderer has or will
hold a respective electromagnetic study
simulation tool according to 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.
Statement by the Tenderer, that the
Tenderer holds or at the moment the
procurement contract is concluded
will hold a respective
electromagnetic study simulation
tool according to 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.
2.6. For the delivery of the Contract, the Filled-in and signed CV of the
16
Tenderer has 3 (three) experts each
holding a degree in communication
engineering with a focus on CNS/ATM,
and who have the following experience
during the last 3 (three) years (2014, 2015,
2016, and 2017 until the bid submission
day):
2.6.1. one expert is experienced in
carrying out at least 3 (three) assessments
on air navigation NAV systems;
2.6.2. one expert is experienced in
carrying out at least 3 (three) assessments
on air navigation SUR systems;
2.6.3. one expert is experienced in
carrying out at least 3 (three) assessments
on air navigation COM systems;
The function of these experts can be
delivered by one or two experts, if they
have the relevant education and
experience to cover all of the
requirements under Clause 2.6 herein.
Tenderer's experts; the CV template
is provided as Annex 4 herein. The
CV shall be attached copy of the
respective higher education
document.
6. Technical Offer
6.1. The Technical Offer shall be drafted according to the Technical
Specification (Annex 2 herein).
6.2. The Technical Offer is signed by an authorised signatory of the Tenderer or a
person authorised by him.
6.3. The Tenderer shall submit only one alternative of the Technical Offer.
7. Financial Offer
7.1. The Financial Offer shall be drafted according to the Financial Offer template
(Annex 6 herein).
7.2. All prices on the Financial Offer shall be indicated in euro (EUR), excluding
value added tax (hereinafter – VAT).
7.3. The Tenderer shall submit only one alternative of the Financial Offer.
7.4. Besides the Financial Offer, the Tenderer shall submit also printouts from the
electronic declaration system of State Revenue Service regarding the average
hourly rates of the Tenderer and its listed sub-contractors (if applicable) by
the profession groups for the first three quarters of the year over a period of
the last four quarters of the year until bid submission date. In case the
overview from the electronic declaration system of State Revenue Service
regarding the respective period of time demonstrates any discrepancies, to
submit an explanation of the difference between the employees' average
hourly rates by profession groups and the data collated by State Revenue
Service on the employees' average hourly rates by profession groups (this
requirement applies to Tenderers registered in the Republic of Latvia).
8. Bid selection criteria, assessment criteria, and assessment procedure
17
8.1. Bids submitted according to procedures stipulated by the ToR and in time, shall be
assessed in a 4 (four) stage procedure:
8.1.1. Stage 1 – Verification of the bid design
8.1.1.1. Commission checks the compatibility of the bid design with the
requirements under 1.12 herein;
8.1.1.2. Where the commission establishes non-compatibility with any of the
bid design requirements, the commission shall decide on passing the
bid to next bid assessment steps.
8.1.2. Stage 2 – Selection of Tenderers
8.1.2.1. The commission checks, whether the Tenderer complies with
qualification requirements under Section 5 herein.
8.1.2.2. Where the Tenderer fails to submit any document of those listed in
the ToR or required by the commission according to Section 5
herein, or where their content does not comply with the requirements
of the ToR, the commission shall decide on passing the bid to next
bid assessment steps, considering Article 45(1) of the Public
Procurement Law.
8.1.3. Stage 3 – Verification of compatibility of technical and Financial Offer
8.1.3.1. The commission checks the compatibility of the Tenderer's Technical
Offer with the requirements of the ToR, and whether there are no
arithmetical errors in the Financial Offer.
8.1.3.2. Where the commission establishes arithmetical errors, it shall re-
calculate the sums and apply the corrected sums in the next steps of
bid assessment. Any corrections made due to arithmetical errors shall
be notified by the commission to the Tenderer.
8.1.3.3. Where the commission establishes non-compatibility of the
Technical Offer by the Tenderer with the requirements of the ToR,
the commission shall decide on passing the bid to next bid
assessment steps.
8.1.3.4. The commission shall check, whether the offered price is not below a
justifiable minimum threshold.
8.1.3.5. Where the commission establishes that the offer is below a justifiable
minimum threshold, before rejecting it, it shall request in writing a
detailed explanation on the key offer provisions.
8.1.3.6. The commission is obliged to check, whether the offered price is not
below a justifiable minimum threshold, if it establishes that the
average hourly rate of employees of the Tenderer or its listed sub-
contractors for at least one profession groups during the first three
quarters of the year during the last four quarters of the year until bid
submission day is by 80 per cent less (or is below the statutory
minimal hourly rate) of the employee's average hourly rate for the
respective profession group in the country for the respective period
according to data collated by State Revenue Service published on the
website of State Revenue Service. Where the Tenderer is registered
18
as a taxpayer during the last four quarters of the year until bid
submission day, the commission considers the employees' average
hourly rate for the period from the next month following the month
of registration until the bid submission day.
8.1.3.7. To establish the difference between the employees' average hourly
rate for profession groups indicated by the Tenderer and its listed
sub-contractor and data collated by State Revenue Service on the
employees' average hourly rate for profession groups, the
commission will request a statement from the State Revenue Service
to attest the validity of employees' average hourly rate for profession
groups indicated by the Tenderer and its listed sub-contractor
considering the economic activity undertaken by the Tenderer and its
listed sub-contractors.
8.1.4. Stage 4 – selection of bids according to the bid selection criterion and
decision-making about the granting of rights to conclude the contract
8.1.4.1. The bid selection criterion is a bid with the lowest price.
8.1.4.2. A Tenderer, who shall be granted the rights to conclude the
procurement contract, is assigned by the commission, based on the
fact it complies with all requirements of the ToR and has offered the
lowest price.
9. Procurement contract
9.1. Conclusion of the procurement contract.
9.1.1. The Contracting Authority shall conclude a procurement contract with the
successful Tenderer, considering the bid of the successful Tenderer and draft
procurement contract (Annex 7 herein).
9.1.2. Where the Tenderer refuses to conclude the procurement contract with the
Contracting Authority without a substantive reason within 10 (ten) business
days after the expiry of the waiting term under Article 67(4) of the Public
Procurement Law, or where the successful Tenderer withdraws its bid or the
partnership of suppliers do not register their entity as a general partnership
within 15 (fifteen) business days after the expiry of the waiting term under
Article 67(4) of the Public Procurement Law, the commission shall opt for
the Tenderer with the next lowest price offered in the bid. Before deciding
on the procurement contract conclusion with the next valid Tenderer, who
offered the lowest price, the Contracting Authority shall check, whether it
shall not be deemed a single market player together with the initially
preferred Tenderer, who refused to conclude the procurement contract with
the Contracting Authority. If needed, the Contracting Authority will request
a statement and proof from the next preferred Tenderer that it shall not be
deemed a single market player together with the initially preferred Tenderer.
9.1.3. Where the next Tenderer, who has offered the lowest price, shall be deemed
a single market player together with the initially preferred Tenderer, or
where the next Tenderer refuses to conclude the procurement contract, the
Contracting Authority shall decide on termination of the procurement
without preferring any of the bids.
19
9.2. Replacement of sub-contractors and engagement of new sub-contractors in
the procurement contract fulfilment.
9.2.1. After the conclusion of the procurement contract, subject to Article 68 of the
Public Procurement Law, the Tenderer is entitled to replace the sub-
contractor, on whose capabilities the Tenderer relied to prove it meets the
qualification requirements, and staff, which has been engaged in the contract
fulfilment, of whom it provided information to the Contracting Authority
and whose qualification was assessed for compatibility by the latter:
9.2.1.1. The Tenderer selected in the procurement procedure is allowed to replace
the staff and sub-contractors without an approval from the Contracting
Authority, as well as involvement of additional staff and sub-contractors
in the fulfilment of the contract, except for cases stipulated by Article
9.2.1.2 and 9.2.1.4 herein;
9.2.1.2. After entering into the contract, the staff of the Tenderer selected in the
procurement procedure, which has been involved thereby in
implementation of the contract, regarding which it has provided
information to the Contracting Authority and the conformity of the
qualification of which with the requirements brought forward has been
assessed by the Contracting Authority, as well as the sub-contractors on
whose capabilities it has relied to certify that the qualification thereof
conforms to the requirements of the regulations, shall be replaced only
with a written consent of the Contracting Authority subject to Article
9.2.1.3 herein;
9.2.1.3. The Contracting Authority shall not approve of the replacement of an
expert or sub-contractor under Article 9.2.1.2 herein, provided any of the
conditions exists:
9.2.1.3.1. the staff or sub-contractor proposed by the supplier does not meet the
requirements specified in the procurement procedure documents, which
refer to the staff or sub-contractors of the supplier;
9.2.1.3.2. the sub-contractor, on whose abilities the Bidder selected in the
procurement procedure has relied on to certify that the qualification
thereof conforms to the requirements specified in the procurement
procedure documents, is being replaced, and the proposed sub-contractor
does not have at least the same qualification as the one, on which the
Bidder selected in the procurement procedure has relied, to certify that
the qualification thereof conforms to the requirements specified in the
procurement procedure;
9.2.1.3.3. the proposed sub-contractor meets the Tenderers' exclusion provisions
specified by Article 39¹(1) of the Public Procurement Law. By checking
the eligibility of a sub-contractor, the Contracting Authority shall apply
the provisions of Article 39¹(1) of the Public Procurement Law. Terms
specified by Article 39¹(4) of the Public Procurement Law are deemed
started from the day, when the request on the replacement of staff or sub-
contractor is submitted to the Contracting Authority.
9.2.1.4. The Tenderer selected in the procurement procedure may replace the sub-
contractors as specified in Article 20(2) of the Public Procurement Law,
20
which are not subject to provisions of Clause 9.2.1.2 herein, and
involvement of sub-contractors meeting the said criteria at a later stage of
contract fulfilment, if the Bidder selected in the procurement procedure
has notified the Contracting Authority and has received a written consent
from the latter to allow the replacement of a sub-contractor or to allow the
involvement of a sub-contractor. The Contracting Authority approves the
replacement of a sub-contractor or the involvement of a new sub-
contractor in contract fulfilment, if the proposed sub-contractor does not
comply with the Tenderers' exclusion provisions as specified in Article
39¹(1) of the Public Procurement Law, which is verified by the
Contracting Authority considering the provisions of Clause 9.2.1.3.3
herein.
9.2.2. The Contracting Authority makes a decision regarding the approval or
rejection of replacement of the Tenderer's selected in the procurement
procedure staff or sub-contractor or the involvement of new sub-contractor
in contract fulfilment as soon as possible, but not later than within 5 (five)
business days after it has received all information and documents necessary
to make the decision and according to provisions of Clause 9.2 herein.
10. Rights and duties of the commission
10.1. Rights of the commission:
10.1.1. to invite independent experts for an expertise;
10.1.2. to check the relevant information at a competent authority, public
data base or other public sources, if it is necessary for the
verification of the bid compatibility, Tenderers' selection,
assessment and comparison on bids;
10.1.3. to invite the Tenderer to provide clarified information about its bid,
if it is necessary for the verification of the bid design, Tenderers'
selection, verification of the bid compatibility, assessment and
comparison on bids;
10.1.4. to amend the ToR according to statutory provisions;
10.1.5. to invite the partnership, which has been decided upon as the
preferred Tenderer, to merge it considering the required legal
status;
10.1.6. according to statutory provisions, to decide on the procurement
suspension, provided there is an objective justification, or
termination thereof;
10.1.7. during the course of bid assessment, the commission is entitled to
invite the Tenderer to explain information contained within its bid;
10.1.8. to undertake any other measures arising out of the ToR and the
legal framework in relation to the procurement process.
10.2. Duties of the commission:
10.2.1. to organise the tender and register all and any activities in relation
to it in paper;
10.2.2. to ensure free competition of Tenderers, and an equal and fair
treatment of these;
10.2.3. following a request by the Tenderers according to lawful order to
provide information about the ToR;
21
10.2.4. to assess the Tenderers and their bids according to laws and
regulations;
10.2.5. to inform all Tenderers at a time about the decision taken regarding
the granting of contract conclusion rights subject to the procedure
and terms stipulated by Public Procurement Law.
11. Rights and duties of the Tenderer
11.1. Rights of the Tenderer
11.1.1. before expiry of the bid submission deadline, to amend or
withdraw its submitted bid.
11.1.2. to participate in the bid opening meeting.
11.1.3. to submit an application about violation of the procurement
procedure according to Article 83 of the Public Procurement
Law.
11.1.4. other rights of a Tenderer stipulated by Public Procurement Law,
the present regulations and valid Latvian law.
11.2. Duties of the Tenderer
11.2.1. to submit the bids according to requirements of the regulations.
11.2.2. to provide true information.
11.2.3. to provide answers to requests by the procurement commission
regarding extra information relevant for the Tenderers' selection,
verification of the bid compatibility and selectin of bids.
11.2.4. cover all and any costs in relation to preparation and submission of
the bid irrespective of the open tender outcome.
11.2.5. other obligations of a Tenderer stipulated by the Public
Procurement Law, the present ToR and legal requirements of the
Republic of Latvia.
12. Attachments:
12.1. Annex 1 – Application for participation in the tender on 1 (one) page;
12.2. Annex 2 – Technical Specification on 9 (nine) pages;
12.3. Annex 3 – Statement by the Tenderer regarding its experience on 1 (one)
page;
12.4. Annex 4 – CV template for the staff proposed by the Tenderer on 1 (one)
page;
12.5. Annex 5 – List of sub-contractors on 1 (one) page;
12.6. Annex 6 – Financial Offer template on 1 (one) page;
12.7. Annex 7 – draft procurement contract on 8 (eight) pages.
22
Procurement identification No. EDZL 2017/3 CEF
Annex 1
Application for participation in open tender „Provision of study of potential electromagnetic impact on ATM/CNS systems of the
SJSC “Latvijas gaisa satiksme” due to the Rail Baltica railway infrastructure project and
further train operations at Riga International Airport“
Tenderer,
Name
Registration No.
Registered address
Mailing address (if different from
above)
Phone, Fax
Bank details
Authorised person to represent the
Tenderer
with the submission of this bid, the Tenderer:
- approves its participation in the open tender „Provision of study of potential
electromagnetic impact on ATM/CNS systems of the SJSC “Latvijas gaisa satiksme”
due to the Rail Baltica railway infrastructure project and further train operations at
Riga International Airport“ (identification No. EDZL 2017/3 CEF);
- undertakes to observe the requirements of the open tender ToR and accepts the
provisions of the ToR;
- approves the acceptance of the draft contract provisions attached to the open tender ToR,
and in case of the contract award is ready to conclude the contract with the Contracting
Authority according to the draft contract wording;
- approves that relevant resources needed to carry out the Services under the Technical
Specification and according to requirements of the ToR are at its disposal;
- guarantees that all information contained within the bid is authentic.
_____ ___________ 2017
_____________________________________________________________________ (person, who is entitled to represent the Tenderer, or a person authorised by him (attach original or
an approved copy of the letter of authorisation), signature, name, surname)
23
Procurement identification No. EDZL 2017/3 CEF
Annex 2
PUBLIC TENDER
“PROVISION OF STUDY OF POTENTIAL ELECTROMAGNETIC IMPACT ON ATM/CNS SYSTEMS OF THE SJSC “LATVIJAS GAISA SATIKSME” DUE TO THE RAIL BALTICA RAILWAY
INFRASTRUCTURE PROJECT AND FURTHER TRAIN OPERATIONS, AT RIGA INTERNATIONAL AIRPORT”
TECHNICAL SPECIFICATION (REQUIREMENTS AND SPECIFICATIONS)
Study Objective
With the present tender, “Eiropas dzelzceļa līnijas Ltd” would like to invite an
independent consultant to perform the aeronautical assessment of the potential impact that
the railway infrastructure project by Rail Baltica and further train operations, can cause on
the radio signal performance of the CNS systems at Riga International Airport (Riga
airport) and to propose mitigation measures.
Besides the equipment performance with respect to safe Air Navigation Service provision,
the technical assessment shall also analyse the potential radio interference due to the
«wide noise» generated by the current collectors of the train, which can affect the ANSP
systems.
Should the railway construction and train operation projects degrade the ANSP systems
coverage and signal integrity to unsatisfactory operational levels, the present assessment
shall also recommend mitigation measures to adopt so as the operational equipment
requirements can be achieved.
In case any impact on the equipment under analysis were identified, the Tenderer shall be
capable of proposing mitigation measures which may be adopted at railway design level,
equipment level or at instrument flight procedures level.
The overall assessment shall be conducted based on latest editions at the Proposal
submission day of internationally recognized guidelines and regulations (eg. ICAO
Convention Annex 10 and EUR Doc 015, EUROCAE, RTCA).
TECHNICAL REQUIREMENTS
REQ1 - The objective of the aeronautical assessment is the performance analysis of the
following ANSP equipment:
i. Multilateration Airport System
24
ii. Primary and Secondary Radar Systems (PSR/SSR)
iii. 2 ILS Localizers (ILS 36 LOC and ILS 18 LOC)
iv. DVOR
v. Two DME(ILS) and DME(DVOR)
operating at Riga airport, against the railway infrastructure construction project
and train operations by Rail Baltic.
REQ2 - Assessment of Railway infrastructure construction influence shall be performed
according to Appendix 1 (between points A and B).
REQ3 - Tenderer should arrange Site Survey before Proposal submission.
REQ4 - The Electro Magnetic (EM) study shall simulate the radio signal interference,
caused by the «wide noise» generated by the current collectors of the train, to
the operation of above equipment and including ANSP and Riga airport
communication systems.
REQ5 - The overall EM study shall be conducted based on latest editions of
internationally recognized references and guidance materials (eg. ICAO Annex
10and EUR Doc 015, EUROCAE, RTCA).
REQ6 - The EM analyses of ANSP equipment shall be performed by taking into account
the specific operational parameters, such as used radio frequencies, Tx power
levels, antenna pattern, operational volume (coverage) approach and departure
procedures to/from the Riga airport.
REQ7 - The EM study shall create and use one baseline geo-referenced 3D simulation
numerical model composed of terrain and man-made obstacles (existing and
planned ones) of the site under study and the approach/departure procedures
to/from the Riga airport. Real electromagnetic characteristics for both terrain
and man-made site obstacles shall be used. Modelling activity shall be executed
with CAD tools precision.
REQ8 - The EM analyses of ANSP equipment shall be performed by taking into account
the AIP published geographic positions and available topographical surveys
data.
25
REQ9 - The EM analyses of ANSP equipment shall be performed by taking into account
reflection\diffraction phenomena due to terrain and man-made existing and
planned site obstacles.
REQ10 - The EM analyses of ANSP equipment specified above shall use state-of-the-art
numerical methods for the computation of the electromagnetic fields.
The Tenderer shall be capable of providing the computation of the
electromagnetic fields by means of the following numerical methodologies:
- Geometrical Theory of Diffraction (GTD/UTD)
- Physical Optics (PO/PTD/ITD)
- Method Of Moments (MOM)
- Deygout Method
- Parabolic Equations (PE).
REQ11 - The EM analyses of ANSP equipment shall consider the operational volumes
specific for the equipment.
REQ12 - The Tenderer shall be capable of importing input data made available by
ANSP. In particular, the ATS information shall be imported from AIXM 5.1
source: The Tenderer shall provide the proof of their capability of importing
AIXM 5.1 formatted data according to EU ADQ regulation.
REQ13 - The EM study shall include Optical Visibility analysis for ANSP equipment:
investigation of the Line of Sight (LOS) between specific ANSP sensor/system
and the aircraft/vehicle within Riga CTR and airdrome surface, in presence of
terrain and man-made site obstacles. The presentation of the output results shall
permit the identification of masking (blind) areas due to terrain and man-made
existing and planned site obstacles.
REQ14 - The EM study shall include Radio Coverage analysis for ANSP equipment:
radio signal strength radiated by each ANSP sensor in the operational volume.
The presentation of the output results shall permit an immediate comparison
with ICAO, EUROCAE, Eurocontrol requirements as well as the identification
of areas where the radio signal strength does not achieve the required levels.
REQ15 - Optical Visibility and Radio Coverage output results shall be presented with the
aid of CAD tools visualization.
26
REQ16 - The EM study shall perform the numerical analysis of the ILS LOC DDM and
RF level signals, with particular reference to the nominal operational ILS paths
(course and orbit sectors). The presentation of the output results shall permit an
immediate comparison with the ICAO DDM bends and RF level drops as well
as the identification of out-of-tolerance areas.
REQ17 - The EM study shall perform the numerical analysis of the VOR Bearing Error,
AM and FM modulations depths and RF level with particular reference to the
operational paths of interest (Radial, Orbit, SID, STAR, IAC, and ENR
published operations). The presentation of the output results shall permit an
immediate comparison with the ICAO Bearing Error, AM and FM modulations
depths bends and RF level drops as well as the identification of out-of-tolerance
areas.
REQ18 - The EM study shall perform the numerical analysis of the DMEs Slant Range
Error and RF level with, particular reference to the operational paths of interest
(published Radial, Orbit, SID, STAR, IAC, and ENR operations). The
presentation of the output results shall permit an immediate comparison with the
ICAO Slant Range Error bends and RF level drops as well as the identification
of out-of-tolerance areas
REQ19 - The EM study of the PSR/SSR system shall quantify the following radar error
sources, due to reflection/diffraction electromagnetic wave phenomena from
terrain and main-made existing and planned obstacles:
i. Shadow regions (blind zones)
ii. Off-boresight angle error
iii. Antenna pattern degradation
iv. False echoes
REQ20 - The EM study of the MLTR sensor network at Riga airport shall investigate the
following characteristic parameters
i. Number of sensors in visibility within the MLTR operational volume
ii. Dilution of Precision (DOP)
iii. Position Error estimation
27
iv. Operational volume degradation
v. False echoes
REQ21 - The EM study shall also simulate the ANSP equipment performance in the case
of existing environment that is without considering the railway infrastructure
projects.
REQ22 - The EM study shall compare the ANSP equipment performance obtained
considering the present environment model without the railway infrastructure
project, with corresponding flight inspections and vehicle driving test data, and
assess the suitability of the developed modelling activity.
REQ23 - The EM study shall simulate the ANSP equipment performance by considering
the existing environment and the railway infrastructure projects and train
operations. Specific effects due to the railway infrastructure project and train
operations shall be identified.
REQ24 - The Tenderer shall define the list of required input parameters needed to
conduct the simulation impact assessment. Such a list shall be issued to “Eiropas
dzelzceļa līnijas Ltd” before Proposal submission. It is expected that mentioned
list would be issued within two weeks after receiving required input parameters
from the Tenderer. The end users will estimate the availability of requested input
parameters and inform the Tenderer. The Tenderer shall take into account
available input parameters and be responsible for missing input parameters
collecting.
REQ25 - If the impact due to the railway infrastructure project and train operations
degrades the ANSP equipment performance to unsatisfactory levels, the EM
study shall also recommend specific mitigation measures through which the
operational performance of ANSP equipment meets internationally recognized
operational requirements.
REQ26 - The EM study shall include the simulation assessment of ANSP equipment
performance, after the application of the mitigation measures.
28
REQ27 - The Tenderer shall generate a Preliminary report of the assessment of the
disturbance effects due to the railway infrastructure project and train operations,
on the ANSP equipment performance at Riga Airport. The Preliminary report
shall be delivered ten (10) days before being presented and discussed in Riga for
review by ANSP. The content of the Preliminary report shall include the
following topics:
a. Assessment methodology used to evaluate the disturbance impact due
to the railway infrastructure project and train operations, on the ANSP
equipment performance at Riga Airport.
b. Assumptions and considerations made by the Consultant. Application
criteria of the international recognized references and guidance
materials.
c. Disturbance impact due to the railway infrastructure project and train
operations on the ANSP equipment performance at Riga Airport.
d. Recommended mitigation measures to reduce the disturbance impact
due to the railway infrastructure project and train operations on the
ANSP equipment performance at Riga Airport.
e. Simulation results of the ANSP equipment performance after the
application of the recommended mitigation measures
REQ28 - The Tenderer shall make on site presentation of Preliminary report in Riga.
Representatives from ANSP, Riga Airport and Latvian Civil Aviation Agency
will be invited to take part in the Presentation. Presentation in Riga shall
describe study methodology, mitigation measures, applied references and
guidance materials methodology.
REQ29 - The Tenderer shall generate a final technical report of the aeronautical
assessment of the disturbance effects due to the railway infrastructure project
and train operations on the ANSP equipment performance at Riga Airport. The
report shall be delivered after fifteen (15) days after the review meeting in Riga.
TIMELINE
REQ30 - The Tenderer shall carry out the complete work, including the delivery of the
final report, within ninety (90) days from contract signing.
29
REQ31 - Project execution shall conform to the following timeline:
Contract signing date: T0
Preliminary Report submission: T0 + 50 days
Presentation in Riga: T0 + 60 days
Final Draft Report: T0 + 75 days
Final Report submission T0 + 90 days
30
Appendix 1
1.1. Rail Baltica route at Riga airport will create a double track passenger
line at the Eastern side of the airport and a single track cargo line
diverting off the main line before the airport.
1.2. Within the territory of the airport, Rail Baltica shall be elevated at +1
level on a viaduct with a distance between the viaduct supports of 50 m.
In the proposed solution, the rails will be located approximately 9 m
above the existing ground level. Opposite of the airport terminal, the
railway passenger station building shall be located for service of 200 m
long passenger trains with possibility to expand it in the future for 400
m long trains. The envisaged terminal length for the first development
stage is 220 m, with an option to extend it up to 420 m long to serve
extended trains. Minimum terminal height, considering the location of
tracks and all overhead power lines, is at least 16 m. At the airport
terminal, the cargo track shall be separated off the passenger
infrastructure with a wall structure.
1.3. At the southern side of the airport, after the terminal building, it is
planned to extend 2 tracks into 3, where 2 of them will be for passenger
transport, and 1 track – for cargo transport. The tracks will be placed on
a viaduct after the terminal building for approximately 3 km, after which
they are gradually lowered to ground level.
1.4. Detailed graphic materials can be found here:
GP 32+000-33+000
(35-39) km.pdf
GP 31+000-32+000
(34-39) km.pdf
GP 33+000-34+000
(36-39) km.pdf
31+942_Lidostas_k
onstrukcija.pdf
31
32
Procurement identification No. EDZL 2017/3 CEF
Annex 3
Statement by the Tenderer regarding its experience
For the open tender „Provision of study of potential electromagnetic impact on
ATM/CNS systems of the SJSC “Latvijas gaisa satiksme” due to the Rail Baltica railway
infrastructure project and further train operations at Riga International Airport“
* The Tenderer shall specify the Service description to a sufficient level of detail to prove
it meets the requirements under Section 5 „Tenderers' qualification requirements“ Point
2.3 and 2.4; positive letters of recommendation by the contracting authorities shall be
attached.
___________________________________________________________ (person, who is entitled to represent the Tenderer, or a person authorised by him (attach original or
an approved copy of the letter of authorisation), signature, name, surname)
No. Description of service* Service
provision
period
(from/to)
Service costs
(contract fee,
EUR, excl.
VAT)
Contracting
Authority (its
contact person)
1.
33
Procurement identification No. EDZL 2017/3 CEF
Annex 4
CV template of Tenderer's staff
For the open tender „Provision of study of potential electromagnetic impact on
ATM/CNS systems of the SJSC “Latvijas gaisa satiksme” due to the Rail Baltica railway
infrastructure project and further train operations at Riga International Airport“
1. Surname:
2. Name:
3. Education:
Educational establishment [date from – to] Degree/ diploma.
4. Current employer and position:
5. Main qualification (relevant to the service implementation):
6. Professional experience relevant to the service implementation according to
requirements of Clause 2.6:
Date from – to
(month/ year)
Location Enterprise Position Title of project/assignment/object and
detailed description to certify the
fulfilment of requirements according
to Clause 2.6. herein, the compatibility
of the respective expert (name the
contracting authority, contact person
and contact details shall be indicated)
7. Any other significant information, which describes the qualification and
experience of the expert and is relevant to the service implementation:
8. Statement:
I, the undersigned, approve the present CV contains truthful information about me, my
knowledge, qualification, and experience. I understand that the provision of false
information here may be the reason for non-conformity and rejection of the present bid.
I agree to participate in this open tender for the provision of listed services as an expert
proposed by the Tenderer <title of the Tenderer>. Should the Tenderer be selected as the
preferred bidder, I approve that I can and wish to deliver this work in the expert role
assigned to me, and which is the reason my CV is attached.
_____________________________
[Expert signature]
Date..........................
34
Procurement identification No. EDZL 2016/5 CEF
Annex 5
Sub-contractors and information about persons, on whose capabilities the bidder or
Tenderer relies
„Provision of study of potential electromagnetic impact on ATM/CNS systems of the
SJSC “Latvijas gaisa satiksme” due to the Rail Baltica railway infrastructure project and
further train operations at Riga International Airport“
* The Tenderer lists all sub-contractors, who are engaged on a permanent basis to deliver the works and
the share of whom for the works is at least 20%.
No. Description Sub-contractor/ expert, on whose
capabilities the Tenderer relies
1. Name, registration No. (or name,
surname, personal ID No.)
2. Registered address:
3. Contact person:
4. Phone, e-mail:
5. Status in the offer (sub-contractor or
an entity (expert), on whose
capabilities the Tenderer relies
6. Brief description of the works to be
assigned to the sub-contractor/
partner
7. Share of works to be assigned (%)
______________________________________________________________ (person, who is entitled to represent the Tenderer, or a person authorised by him (attach original or
an approved copy of the letter of authorisation), signature, name, surname)
35
Procurement identification No. EDZL 2016/5 CEF
Annex 6
Financial Offer
For the open tender „Provision of study of potential electromagnetic impact on
ATM/CNS systems of the SJSC “Latvijas gaisa satiksme” due to the Rail Baltica railway
infrastructure project and further train operations at Riga International Airport“
1. Herewith we approve the information contained within the bid is true and
correct.
2. The Financial Offer covers all costs related to the Service implementation during
the whole Contract duration, along with all and any costs for administration,
preparation and coordination of documents, and transport costs in relation to Service
implementation.
3. We offer to provide the Service according to the Technical Specification (Annex 2)
for the total bid price:
Offered price EUR (excl. VAT)
VAT
Offered price EUR (incl. VAT)
______________________________________________________________ (person, who is entitled to represent the Tenderer, or a person authorised by him (attach original or
an approved copy of the letter of authorisation), signature, name, surname)
36
Procurement identification No. EDZL 2016/5 CEF
Annex 7
CONTRACT No. ________________
of
Riga ____ _____________ 2017
SIA „Eiropas dzelzceļa līnijas”, joint registration No.40103836758, registered address at
3 Gogoļa Street, Riga, LV-1050 (hereinafter – Contracting Authority), represented by its member
of the board Dins Merirands acting according to company bylaws, on one hand, and
___________, joint registration No. ___________________, registered address ________
(hereinafter – Contractor), represented by its _______________ acting according to
__________________, on the other hand,
both the Contracting Authority and the Contractor jointly referred to as Parties, and each
separately – Party, based on the _____ results, conclude the following contract (hereinafter –
Contract):
1. SUBJECT OF THE AGREEMENT
The Contractor undertakes to carry out the study of potential electromagnetic impact on
ATM/CNS systems of the SJSC „Latvijas gaisa satiksme“ due to the Rail Baltica railway
infrastructure and train traffic at Riga International Airport (hereinafter – Service) according to the
contractual and appendix provisions and the valid Latvian law.
2. SERVICE DEADLINE, INTERIM DEADLINES, AND PROCEDURES ON THE
PERFORMANCE AND THE DELIVERY AND ACCEPTANCE THEREOF
2.1. The Service shall be delivered within 90 (ninety) days from the date of effectiveness hereof.
The final delivery-acceptance protocol signed by both Parties shall be deemed the proof of
the fulfilment of the Service.
2.2. The Service is delivered according to the following procedures in line with the Terms of
Reference, Annex 1:
2.2.1. No later than within 10 (ten) days after the Contract comes into effect the
Contracting Authority shall send to the authorised contact of the Contractor the
documents according to Annex 4, List of Documents, and documents at the
disposal of Contracting Authority.
2.2.2. The Contractor shall draft and send electronically to the authorised contact at the
Contracting Authority the Preliminary Report no later than 50 (fifty) days after
the Contract has come into effect.
2.2.3. After the Preliminary Report has been sent or submitted to the Contracting
Authority, no later than within 60 (sixty) days after the Contract has come into
effect arrive in Riga to present the Preliminary Report to the Contracting
Authority.
2.2.4. After the Preliminary Report has been presented to Contracting Authority, no later
than within 75 (seventy-five) days after the Contract has come into effect the
Contractor drafts and sends electronically to the authorised contact by Contracting
Authority the Final Draft Report for approval.
2.2.5. The authorised contact of Contracting Authority reviews and sends electronically
to the authorised contact of Contractor information on relevant amendments
and/or clarifications in the Final Draft Report within 1 (one) week after the receipt
of the Final Draft Report.
2.2.6. Based on information provided by Contracting Authority on relevant amendments
and/or clarifications in the Final Draft Report, the Contractor shall within 90
37
(ninety) days after the Contract has come into effect draft and send by mail with a
cover letter or submit to the Contracting Authority in person the Final Report in
paper and on an electronic data carrier.
2.2.7. After the fulfilment of the Service, together with the Final Report the Contractor
shall submit to Contracting Authority a signed Delivery-acceptance protocol of
the Final Report.
2.2.8. The Contracting Authority shall review the signed Delivery-acceptance protocol
of the Final Report within 10 (ten) business days, and either signs it or provides
written objections on the Service or the Delivery-acceptance protocol of the Final
Report. Where the Contracting Authority has provided written objections to the
Contractor regarding the Service or the Delivery-acceptance protocol of the Final
Report, the Contractor shall remedy the deficiencies in the Service and/or
introduce changes to the Delivery-acceptance protocol of the Final Report, and
shall submit to the Contracting Authority the amended Delivery-acceptance
protocol of the Service.
2.3. The Contracting Authority is entitled to extend the deadline for a section of the Service,
provided the fulfilment of contractual liabilities is delayed due to activities by the
Contracting Authority.
2.4. In cases as stipulated by Clause 2.3, the Contract deadline is extended by a period equal to
the period the case as per Clause 2.3 hereof delays the Service fulfilment.
3. CONTRACT FEE AND PAYMENTS
3.1. The contract fee for the complete delivery of the Service of due quality amounts to
__________ EUR (_________ euro and ____ cents) excluding value added tax (hereinafter
– VAT) (hereinafter – Contract fee).
3.2. The Contracting Authority pays the VAT on top of the Contract fee according to statutory
provisions.
3.3. The Contract fee covers full payment for the complete fulfilment of Services under the
present Contract, including, but not limited to all and any costs related to complete
fulfilment of the Service, including the costs for works and labour, machines, tools and
transport, taxes (excl. VAT), insurance costs, costs related to drafting all relevant
documents, receipt of all relevant approvals and permits, including works, products,
materials, equipment and devices not listed under the Contract, but are needed to properly
fulfil the Service of due quality and in time.
3.4. The Contract fee will not be increased during the whole Contract duration due to increase of
labour costs, amendments to valid Latvian law, inflation or currency fluctuations, and any
other circumstances, which might affect the Contract fee.
3.5. The Contractor is entitled to 20% (twenty percent) advance payment of the Contract fee,
which is paid within 15 (fifteen) business days after the below-listed documents have been
submitted and the preconditions by the Contractor have been fulfilled:
3.5.1. The Contractor has submitted an advance payment bank guarantee according to
Clause 7.9 requirements and template of Annex 3 hereof for the amount of
advance payment required by the Contracting Authority;
3.5.2. The Contractor has submitted to the Contracting Authority an invoice on the
advance payment.
3.6. The Contract fee according to Clause 3.1 herein is paid by the Contracting Authority to the
Contractor within 30 (thirty) days after the Service delivery, mutual signing of the
Delivery-acceptance protocol of the Final Report, and submission of properly drawn up
(according to contractual provisions) invoice to the Contracting Authority.
3.7. The Contracting Authority deducts 20% (twenty percent) of the Contract fee (excl. VAT),
before payment to the Contractor, thus paying of the advance payment to the Contractor (if
such has been granted);
3.8. The payment is deemed made on the day the Contracting Authority has made the transfer to
the bank account indicated by the Contractor on its invoice.
38
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. Obligations of the Contractor:
4.1.1. provide Services of due quality under the contractual provisions, provisions
contained within its annexes, and statutory provisions;
4.1.2. in Service provision, to meet the deadlines and interim deadlines stipulated by the
Contract.
4.2. Rights of the Contractor:
4.2.1. to receive from the Contracting Authority the documents according to Annex 4,
List of Documents, and documents at the disposal of Contracting Authority.
4.2.2. according to contractual provisions, to receive remuneration of properly provided
Service of due quality under the Contract.
4.3. Obligations of the Contracting Authority: 4.3.1. To submit to the Contractor the documents according to Annex 4, List of Documents,
and documents at the disposal of Contracting Authority.
4.3.2. To accept from the Contractor duly delivered Services of due quality under the
Contract, and to pay for completed Services according to contractual provisions.
4.4. Rights of the Contracting Authority:
4.4.1. to control fulfilment of contractual provisions;
4.4.2. may issue instructions to the Contractor at any time, which may be relevant for the
Service fulfilment and remedy of deficiencies under the present Contract.
4.4.3. for the whole duration of the Contract, to set requirements and instructions for the
fulfilment of the Service.
5. COPYRIGHT
5.1. With this Contract, the Contracting Authority is transferred free of any charge the copyright
of the Contractor as the author to the existing and future economic rights according to
Article 15 of the Copyright Law to the objects subject to copyright created under the
present Contract. The Contracting Authority is entitled to alienate these rights from other
entities.
5.2. The Contractor guarantees that according to Article 14(1) it will not make use of the
author's individual rights to a decision whether and when the work will be disclosed
(Article 14(1) No.2), revocation of a work (Article 14(1) No.3), inviolability of a work
(Article 14(1) No.5) and legal action (Article 14(1) No.6).
5.3. The Contracting Authority is entitled to specify a greater level of detail, to change, to alter,
to amend and to extend the objects or parts thereof created as a result of the Contract
fulfilment, to use these for creating new works, and to adapt them for own needs, and these
actions are in no way subject to a certain consent from the Contractor.
5.4. The Contractor ensures receipt of all permits and rights from all other persons involved in
the creation of objects subject to copyright, which are needed to transfer the objects subject
to copyright and created under this Contract to the Contracting Authority.
5.5. During the creation of objects subject to copyright under this Contract, the Contractor is
obliged to prevent infringement of moral and economic rights of other copyright subjects,
and the use of illegally acquired copyright objects. The Contractor bears full liability for
breach of copyright by third parties.
5.6. The Parties agree that the payment by Contracting Authority to the Contractor under the
present Contract includes also the royalty, and the Contractor is not entitled to any other
royalty/ fee.
6. AUTHORISED CONTACT BY PARTIES
6.1. The authorised contact by Contracting Authority for Contract fulfilment issues, is Mr/
Mrs_______________________________________, phone _____________, e-mail:
39
_________________. The authorised contact of the Contracting Authority, without going
beyond the scope of Contract, is entitled to settle all on-going operational issues related
to Contract fulfilment, to organise and control the course of Contract fulfilment,
including, but not limited to communication between the Parties, to request information
form Contractor, to provide information to Contractor, to ensure delivery/ acceptance,
signing of relevant documents of the Contract (Delivery-acceptance protocols of Service,
etc.), to ensure acceptance of delivered Services, to issue instructions regarding the
Contract and Service execution, and to undertake other actions related to proper
fulfilment of contractual obligations. This person is not authorised to undertake
amendments or additions to the Contract, including changes to the Contract fee and/or
Service delivery deadlines.
6.2. The authorised contact by Contractor for Contract fulfilment issues, is Mr/
Mrs_______________________________________, phone _____________, e-mail:
_____________________. The authorised contact of the Contractor, without going
beyond the scope of Contract, is entitled to settle all on-going operational issues related
to Contract fulfilment, to organise and control the course of Contract fulfilment,
including, but not limited to communication between the Parties, to request information
form Contracting Authority, to provide information to Contracting Authority, to ensure
delivery/ acceptance, signing of relevant documents of the Contract (Delivery-acceptance
protocols of Service, etc.), to ensure acceptance of delivered Services, to issue
instructions regarding the Contract and Service execution, and to undertake other actions
related to proper fulfilment of contractual obligations. This person is not authorised to
undertake amendments or additions to the Contract, including changes to the Contract fee
and/or Service delivery deadlines.
7. LIABILITY OF PARTIES AND BANK GUARANTEE
7.1. Parties bear full material responsibility for damage and losses incurred to to illegal action
of either Party during the Service execution to the other Party or third parties.
7.2. The Contractor bears material responsibility for damage and losses incurred to the
Contracting Authority or third parties by the Contractor's sub-contractor.
7.3. Where the Contractor exceeds the Service deadline under Clause 2.1 herein, the
Contracting Authority is entitled to request and the Contractor is obliged to pay a penalty
fee of 0.1 % (zero point one percent) of the Contract fee for each day in delay, but no more
than 10% (ten percent) of the Contract fee.
7.4. Where the Contractor exceeds any of the interim deadlines for Service execution under
Clause 2.2.2, 2.2.3, or 2.2.4 herein, the Contracting Authority is entitled to request and the
Contractor is obliged to pay a penalty fee of 0.05% (zero point zero five percent) of the
Contract fee for each day in delay, but no more than 10% (ten percent) of the Contract fee.
7.5. Where the Contracting Authority falls behind with the contractual payments and the
Contractor has met its contractual obligations, the Contractor is entitled to request and the
Contracting Authority is obliged to pay a penalty fee of 0.1 % (zero point one percent) of
the outstanding payment for each day in delay, but no more than 10% (ten percent) of the
outstanding payment.
7.6. The Contracting Authority is entitled to deduct the penalty fee and losses from any
payment pertaining to the Contractor under this Contract before it is paid to the Contractor.
7.7. The Contracting Authority is not liable for Contractor's liabilities, which it has entered
into with third parties regarding the Contract execution.
7.8. The payment of the penalty fee does not constitute a waiver from the further execution of
the Contract or compensation for losses.
7.9. Where the Contractor wishes the advance payment, prior to getting it the Contractor shall
submit a first demand, non-conditional, irrevocable advance payment guarantee issued by a
bank registered in a member state of the European Union, European Economic Area or
World Trade Organisation. The advance payment bank guarantee sum shall be at least equal
to the advance payment amount. The advance payment bank guarantee shall be valid for the
40
whole duration of Service execution plus another 30 (thirty) days after the expiry of the
deadline according to Clause 2.1 herein. Where the Service execution term exceeds the
term indicated on the advance payment bank guarantee, the Contractor shall undertake
relevant measures to extend the advance payment bank guarantee term and submit a
document to Contracting Authority, which is a proof of the extension of the advance
payment bank guarantee term no later than 10 (ten) business days before the expiry of the
initial advance payment bank guarantee deadline. The content of the bank guarantee shall
comply with the template contained in Annex 3 herein.
7.10. Before submitting the advance payment bank guarantee to Contracting Authority, the
Contractor shall communicate it with the Contracting Authority, and its content shall
comply with the template contained in Annex 3 herein.
7.11. After meeting the contractual liabilities, the Contracting Authority returns the advance
payment bank guarantee with its validity expired.
8. CONTRACT TERMINATION
8.1. The Parties may terminate the Contract subject to a written agreement, or an unilateral
termination in cases stipulated herein.
8.2. The Contracting Authority is entitled to unilateral Contract termination subject to a prior
notification to Contractor at least 10 (ten) days in advance and waiving from any
compensations to the Contractor due to losses or costs incurred to the latter, if at least one
of the following cases has occurred:
8.2.1. The Service performance does not comply with valid statutory provisions and/or
contractual provisions and/or provisions of Contract annexes;
8.2.2. The Contractor falls behind the Service deadlines under 2.1 herein for at least 15
(fifteen) days;
8.2.3. According to statutory procedures, the Contractor is declared insolvent, a decision
has been taken to dissolve it, or its economic actions have been suspended.
8.3. The Contractor is entitled to unilateral Contract termination subject to a prior notification
to Contractor at least 10 (ten) days in advance, where according to statutory procedures a
decision has been taken to dissolve the Contracting Authority, or its economic actions have
been suspended.
9. FORCE MAJEURE
9.1. The Party is exempt from any liability for non-performance of the Contract in full or
partially, if the non-performance is due to force majeure conditions after the Contract has
come into effect, which were beyond the control of the Party to prevent or predict these,
such as nature disasters, floods, fire, earth quake, and other acts of God, as well as war and
warfare, strikes, regulatory enactments and instructions adopted by Latvian governmental
and municipal authorities, and other circumstances, which are beyond the control of the
Parties (hereinafter – Force Majeure).
9.2. The Party subject to Force Majeure conditions shall notify the other Party in writing of
the occurrence of Force Majeure conditions within a reasonable time, and where possible to
attach to the notification a statement, which is issued by a competent authority and which
contains the characterisation and approval of Force Majeure conditions.
9.3. Where due to Force Majeure conditions the contractual liabilities are not met for more
than 3 (three) months, each Party is entitled to Contract termination subject to a written
notification to the other Party at least 10 (ten) days in advance. In such case, the Parties
cannot claim for compensation of losses due to Contract termination.
9.4. Neither of the Parties shall be held liable for losses due to Force majeure conditions,
where the relevant Party has notified the other Party according to Clause 9.2 herein.
10. ENGAGEMENT AND REPLACEMENT OF SUB-CONTRACTORS AND EXPERTS
41
10.1. The Contractor ensures that the experts listed on the List of Experts (Annex 5) are
involved for Service provision, and the sub-contractors listed on the List of Sub-contractors
(Annex 6) are involved for Contract execution.
10.2. The Contractor is entitled to replace the sub-contractors, upon the capabilities of which
the Contractor relied in the procurement procedure to meet the tender requirements, and the
experts listed in the Contract subject to prior notification to the Contracting Authority and a
written consent by the Contracting Authority, considering the following conditions (the
Contract is not subject to amendments in such case):
10.2.1. the sub-contractor or expert proposed meets the requirements specified in the
notice regarding the contract and the procurement procedure documents, which
refer to the sub-contractors or expert;
10.2.2. the sub-contractor proposed for Contract fulfilment is replaced, upon the
capabilities of which the Contractor relied in the procurement procedure to meet
the tender requirements, and the replaced sub-contractor is at least of the same
qualification, the Contractor relied on, when the latter approved it is compatible
with the requirements of the procurement procedure;
10.2.3. the proposed sub-contractor does not comply with the tenderers' exclusion
provisions specified by Article 39¹(1) of the Public Procurement Law.
10.3. The Contractor is entitled to replace its sub-contractors for Contract fulfilment, if their
share of services provided equals or exceeds 20% (twenty percent) of the total Agreement
value, and to engage new sub-contractors, if their share of services provided equals or
exceeds 20% (twenty percent) of the total Agreement value, subject to a prior notification
to Contracting Authority and receipt of a written consent by the latter, provided the
proposed sub-contractor does not comply with the tenderers' exclusion provisions specified
by Article 39¹(1) of the Public Procurement Law (the Contract is not subject to
amendments in such case).
10.4. The Contracting Authority is entitled to request in writing the Contractor to replace its
experts, where the Contracting Authority is not satisfied with the productivity, working
quality or other circumstances in relation to the Contractor's staff.
10.5. The Contracting Authority makes a decision regarding the approval or rejection of
replacement of the Contractor's selected sub-contractor or expert, or the involvement of
new sub-contractor in Contract fulfilment as soon as possible, but not later than within 5
(five) business days after it has received all information and documents necessary to make
the decision.
11. DISPUTES
All and any disputes in relation to the Contract shall be settled by amicable negotiations. Where
the dispute cannot be settled by negotiations, any disputes, disagreements, or claims arising out of
the Contract shall be settled by a court of the Republic of Latvia according to Latvian law.
12. CONFIDENTIALITY
12.1. The Contractor undertakes to observe confidentiality, including to protect, not to
disseminate and without the prior written consent form the Contracting Authority no to
disclose to third parties the content, either in full or partially, of documents related to the
Contract or its fulfilment, and any technical, commercial and any other information about
the operations of Contracting Authority, which has been made available to the Contractor
during the course of the Contract execution.
12.2. Confidentiality restrictions do no apply to public and well-known information, and to
information which under the contractual provisions shall be disclosed to third parties, or
which under the laws and regulations is deemed as generally available information.
12.3. The confidentiality provisions do not apply, where information is requested by
governmental or municipal authorities according to statutory provisions.
42
12.4. Parties agree that the breach of confidentiality provisions is a breach of the Contract,
which entitles the Contracting Authority to invite the Contractor compensate for any losses
the former has incurred due to breach of confidentiality provisions.
12.5. The provisions contained within this section shall continue beyond expiry of the present
Contract.
13. MISCELLANEOUS
13.1. The Contract shall come into effect after it has been signed by both Parties and shall be
valid until complete fulfilment of contractual liabilities.
13.2. Any amendments to contractual provisions are subject to mutual agreement. The
amendments shall be made in writing and shall come into effect after both Parties have
signed these.
13.3. The Parties shall immediately notify each other of the change of their location,
representatives, bank details and other significant changes, which might affect the proper
fulfilment of the Contract. Parties bear full liability for failing to meet this obligation in due
time.
13.4. Where any of the contractual provisions shall become invalid due to law amendments,
this Contract shall not become ineffective as regards all its other provisions, and in such
case the Parties are obliged to adapt the Contract to the valid laws and regulations.
13.5. Where any of the provisions of the Contract annexes come in conflict with the
contractual provisions, the Parties shall apply the provisions of the Contract annex insofar
as these are not limited by the contractual provisions.
13.6. The Contract is drafted on ____ pages in two copies, in Latvian, each Party holding one
copy; both copies are of equal legal efficiency.
13.7. At the time of signing, the Contract covers the following annexes:
13.7.1. Annex 1 – Terms of reference on ___ (____) pages;
13.7.2. Annex 2 – Financial offer on ___ (____) pages;
13.7.3. Annex 3 – Advance payment bank guarantee template on ___ (____) pages;
13.7.4. Annex 4 – List of documents on ___ (____) pages;
13.7.5. Annex 5 – List of experts on ___ (____) pages;
13.7.6. Annex 6 – List of sub-contractors on ___ (____) pages.
14. DETAILS OF PARTIES
SIA “Eiropas dzelzceļa līnijas”
Reg. No. 40103836785
Registered address: 3 Gogoļa Street, Rīga, LV-
1050
Actual address: 12 Maskavas Street, Rīga, LV-
1050
Bank: Nordea banka
SWIFT: NDEALV2X.
IBAN: LV13NDEA0000084691697
_____________________
Member of the board Dins Merirands
_______________
Reg. No. ____________
Registered address _____________
Bank: ________________
SWIFT:
IBAN:
____________________________
43
Annex 3
of Contract No.________
of___ _____________ 2017
Template
ADVANCE PAYMENT GUARANTEE
(place) ________, (date) ____ _______ 20__
Herewith we, ________________ (joint registration number: _______________;
registered address: _______________) (hereinafter – Bank), are informed of the fact that on
________ _________(date) a contract has been concluded between our customer –
_______________ (joint registration number: _______________; registered address:
_______________) (hereinafter – Contractor) – and you – SIA “Eiropas dzelzceļa līnijas”(joint
registration number: 40103836758; registered address: 3 Gogoļa Street, Riga, LV - 1050)
(hereinafter – Contracting Authority) – has been concluded: contract No. _______________ On
__________________(hereinafter – Contract).
According to contractual provisions, in order to ensure the meeting of
Contractor's liabilities in relation to repayment of the advance payment to Contracting
Authority in cases stipulated by the Contract, the Contractor shall submit to the
Contracting Authority an advance payment bank guarantee.
Considering the above-mentioned, herewith the Bank undertakes to irrevocably
pay at first demand by the Contracting Authority any sum it requests, which does not
exceed EUR _______________ (_______________), provided that, subject to the provisions
of this guarantee, the Bank has received a respective document signed by the Contracting
Authority, which is a request to the Bank to make a payment based on this guarantee and
which contains a statement by the Contracting Authority that the Contractor has failed to
meet its contractual liabilities with a reference to the exact liabilities the latter has failed
to meet (hereinafter – Request). The Contracting Authority is entitled to submit the Request to the Bank at the moment,
when the Contracting Authority has made an advance payment by transfer to the Contractor's
current bank account No. _________________.
The Request shall be submitted in paper or electronically. Electronic submission shall be
made in the form of an authenticated notification through SWIFT.
The guarantee is valid till ______ _____ (date). (hereinafter – Final date). The Bank shall
receive the Request not later than on the Final date at the Bank (address: _______________), or –
in case the Request is submitted electronically, – _______________ (SWIFT of the Bank). This guarantee is subject to the International Chamber of Commerce Uniform Rules for
Demand Guarantees (ICC Publication No. 758), and cases not covered therein – to the law of the
Republic of Latvia. All and any disputes in relation to the present guarantee shall be settled by a
court of the Republic of Latvia.
[position of the signatory] [hand-written signature] [name and surname of the
signatory]