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TRANSLATION

APPROVED

at the meeting of

SJSC Riga International Airport

Procurement Committee

28 October 2015,

Minutes No 150

SJSC RIGA INTERNATIONAL AIRPORT

TERMS OF REFERENCE

OF THE REQUEST FOR QUOTATION PROCEDURE

„ VISUAL FLIGHT INSPECTION”

(Identification No CA – 15/265)

1. DEFINITIONS OF THE TERMS USED IN THE TERMS OF REFERENCE

1.1. The following terms are used in the Terms of Reference (hereinafter referred to as –

“the Terms of Reference”) of the Request for Quotation procedure “Visual Flight

Inspection”:

1.1.1. The Committee – the Procurement Committee of SJSC Riga International

Airport authorised to arrange the open tender procedure;

1.1.2. The Request for Quotation - the request for quotation procedure „ Visual Flight

Inspection” (Identification No. CA-15/265);

1.1.3. The Client - – SJSC Riga International Airport, Reg. No 40003028055, registered

address: Lidosta “Rīga” 10/1, Mārupes novads, LV-1053, Latvia, website:

www.riga-airport.com;

1.1.4. The Applicant - a supplier submitting a tender proposal.

2. GENERAL PROVISIONS

2.1. The method of procurement is a request for quotation.

2.2. The subject of the procurement is the annual flight visual inspection of PAPI light system

in accordance with the requirements of the Technical Specification (Annex No 2 to the

Terms of Reference) and in accordance with the provisions of the Draft Contract (Annex

No 5).

2.3. The selection criterion is the proposal complying with the Terms of Reference of the

Request for Quotation procedure at the lowest price quoted.

2.4. The fulfilment term of the Contract - within 30 (thirty) calendar days following the

execution date of the contract.

2.5. The Applicant may submit only one version of the tender.

2.6. The tender submitted shall be valid and binding on the Applicant for one of the following

terms, whichever is the shortest:

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2.6.1. 90 (ninety) calendar days from the date of submission of the tender;

2.6.2. If the Committee has awarded the contract to the Applicant, until the signing date

of the procurement contract.

2.7. The Client will publish the Terms of Reference of the Request for Quotation, the

answers to the questions of potential Applicants and amendments on the Client’s

website: http://www.riga-airport.com. The Client shall not be held liable for the

tenders inadequately drawn up by the Applicants, should the Applicant fail to take

into account the amendments, answers and updates regarding the Terms of

Reference of the Request for Quotation published on the Client’s website www.riga-

airport.com.

2.8. Submission of a tender is a manifestation of the Applicant's free will, therefore, regardless

of the outcome of the Request for Quotation procedure, the Client shall not be held liable for the

costs incurred by the Applicant in the course of preparation and submission of the tender.

2.9. If the tender is submitted by a natural or legal suppliers’ association in any composition

(“the suppliers’ association”), a person who will represent the suppliers’ association in

the Request for Quotation procedure, as well as the share of each participant’s

responsibility should be indicated in the tender proposal.

2.10. In the event of attraction of subcontractors the Applicant shall indicate all such potential

subcontractors, the parts of the contract to be entrusted to them and the percentage of such

parts (%).

2.11. The Client’s contact person authorised to provide organisational information on the

Request for Quotation procedure is: Jānis Neibergs, Head of the Electric Maintenance

Unit, tel. 00371 67 207 822, e-mail: J.Neibergs@riga-airport.com.

3. PLACE, DATE, TIME AND PROCEDURE OF SUBMISSION AND OPENING OF

THE TENDERS

3.1. The tenders shall be submitted before 22 October 2015, 10:00, at the Head Office of

Riga International Airport, Procurement Unit (Room 609) at working hours: 8:00 –

12:00 and 13:00 – 16:00. Upon receipt of the tender, the employee of the Procurement

Unit will register the date, time of submission, the Applicant’s name and the deliverer’s

name and surname.

3.2. The tenders may be submitted by hand or sent by post. The tenders sent by post shall be

delivered before the date and to the location indicated in Article 3.1 herein. The

Applicant personally assumes the risk of late delivery. If the tender is submitted by hand,

the Applicant's representative shall present an identity document: a passport or an

identity card.

3.3. If the tender is submitted after the specified closing time of submission, or if the tender

information is not arranged in such a way that it cannot be viewed before the official

opening of the tenders, it will be registered and sent back to the Applicant by post

unopened.

3.4. The tenders will be opened in the conference room on Floor 6 of the Head Office of

Riga International Airport on 22 October 2015, at 10:00.

3.5. The tenders will be opened in the order of their submission. The Committee will open

the tender and the Chairman will read the main data of the tender from the

documentation with the inscription “Original”: the name of the Applicant and the total

quoted price in EUR before VAT. The members of the Committee will sign the

original of the financial proposal.

3.6. At the Applicant’s request, the Committee within 3 (three) working days from the date

of receipt of the written request will send the Applicant a copy of the minutes of the

meeting for opening of the tenders.

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3.7. The Applicant may amend the submitted tender only before the closing time of

submission of the tenders.

3.8. The Committee will open the tenders in an open meeting, whereas examination of

arrangement of documents, the Applicants’ qualification documents, verification of the

conformity of technical proposals with the technical specification and assessment of

financial proposals will be performed by the Committee in a closed meeting.

4. ARRANGEMENT OF THE TENDER DOCUMENTATION

4.1. All the documents shall be submitted on paper in Latvian or English. Documents submitted

in other languages shall be supplied with the Latvian translation, certified in accordance with

RL Cabinet Regulation No 291 of 22 August 2000 “Procedures for the Certification of

Document Translations in the Official Language”.

4.2. The Applicant shall see to it that the tender documentation and its copies are safely packed

so that they cannot be accessed without damaging the packing.

4.3. The tender documentation shall be arranged in the following order:

4.3.1. Qualification documents supplied with a Letter of Application (Annex No 1);

4.3.2. Technical Proposal;

4.3.3. Financial Proposal.

4.4. The pages of each volume of the tender documentation shall be numbered, laced through,

with a sticker attached indicating the number of pages in digits and words, stamped and

signed by the Applicant’s signatory or by the Applicant’s authorised officer. Any

corrections made in the tender documentation shall be endorsed by the aforementioned

person.

4.5. The Applicant shall submit one original and two copies of the tender documents, one hard

copy and one digital copy (on a CD data carrier, charts in XLS format). The first page of

the original tender documentation package shall be inscribed “Original” and the first page

of the copy shall be inscribed “Copy”. In the event of any ambiguities, the documentation

inscribed "Original" shall prevail.

4.6. The tender original and representations shall be signed by the Applicant’s signatory or

his/her authorised person. If the Applicant is an association of suppliers, the original and

representations shall be signed by a signatory or his/her appropriately authorised

representative of each member of the suppliers’ association.

4.7. The copy and the original of the tender shall be put together in one envelope inscribed as

follows:

“Request for Quotation

“Visual Flight Inspection”

Do not open before 22 October 2015, 10:00;

The Applicant’s name, registered address “.

4.8. The Letter of Application (Annex No 1 hereto) shall be attached to the qualification

documentation.

4.9. Additions, corrections or revocations of the tender shall be submitted in writing in a closed

and sealed envelope by hand or by post at the Head Office of Riga International Airport,

floor 6, Procurement Unit (Room 609) before 22 October 2015, 10:00. The envelope

shall be inscribed as follows:

“Request for Quotation

“Visual Flight Inspection”

“Do not open before 22 October 2015, 10:00”;

The Applicant’s name, address and telephone number;

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(Additional inscription on the envelope) “ADDITION”, “CORRECTIONS”,

“REVOCATION”.

4.10. The revocation shall have an unconditional character and it shall exclude the Applicant

from further participation in the tender procedure.

4.11. Should any discrepancies be discovered between the original and the copies of the tender

submitted by the Applicant, the original of the tender shall prevail.

5. QUALIFICATION OF APPLICANTS

5.1.The criteria for qualification of Applicants are mandatory for all the Applicants who desire

to win the Tender and sign the procurement contract.

5.2.The Applicant shall conform to the following qualification criteria and shall submit the

below-mentioned documents:

QUALIFICATION CRITERIA OF THE

APPLICANTS

DOCUMENTS TO BE SUBMITTED

5.2.1. The Applicant is registered in the cases

and according to the procedure prescribed

by law.

The Client will ascertain on the website of the Republic

of Latvia Company Register (www.ur.gov.lv) that the

Applicant is registered in the cases and according to the

procedure prescribed by law.

Foreign Applicants shall submit a document issued by

an appropriate competent public institution confirming

that the Applicant has the legal capability and capacity

to sign the procurement contract.

5.2.2. The Applicant is not declared insolvent, its economic activities are not suspended or discontinued, and no legal proceedings have been initiated regarding its bankruptcy; it is not discovered that by the estimated term of fulfilment of the contract the Applicant will be liquidated;

A statement (the original or a copy certified by the

Applicant’s signatory or authorised representative)

from the Company Register of the Republic of Latvia

or from another competent public institution, issued no

earlier than 3 (three) months prior to submission of the

tender, confirming that the Applicant is not declared

insolvent, its economic activities are not suspended or

discontinued, and no legal proceedings have been

initiated regarding its bankruptcy; it is not discovered

that by the estimated term of fulfilment of the contract

the Applicant will be liquidated;

5.2.3. The Applicant’s officer who has signed

the tender documents has signatory

(representation) rights.

A valid statement (the original or a copy confirmed by

the Applicant’s signatory or authorised representative)

from the Company Register of the Republic of Latvia

on the Applicant’s signatories, or from a competent

public institution of the relevant foreign country, if that

country’s legislation provides for a public register of

such data, issued not earlier than 3 (three) months prior

to submission of the tender, confirming the signatory

(representation) rights of the Applicant.

A power of attorney issued by the Applicant’s signatory

authorising another person to sign the tender and the

contract, should this person be appointed to sign the

contract.

5.2.4. The Applicant in Latvia or in the country

of its registration or permanent residence

(if not registered or permanently residing

in Latvia) has no tax debt, including

obligatory social security payment

liabilities, in total exceeding the

1. The Client will check in the database of the RL State

Revenue Service

(http://www.vid.gov.lv/VID_PDB/NPAR) to ascertain

that the Applicant (irrespective whether registered or

permanently residing in Latvia) has no tax debt in

Latvia, including obligatory social security payment

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equivalent of EUR 150 (one hundred and

fifty euros) in every country.

liabilities, in total exceeding the equivalent of EUR 150

(one hundred and fifty euros).

2. If at the moment of checking a tax or social security

payment debt is discovered, the Client will request the

Applicant to submit a statement or another document

certifying that the Applicant has no tax debt, including

obligatory social security payment liabilities. The

Client will accept and recognize only such a statement

or another document that contains the more recent

information than that obtained by the Client in the

database.

The Applicant registered or permanently residing

in a foreign country shall submit a statement of a

competent foreign institution (the original or a copy

confirmed by the Applicant’s signatory or authorised

representative) issued not earlier than 3 (three)

months prior to submission of the tender, certifying

that the Applicant in the respective country has no

tax debt, including social security payment

liabilities, in total exceeding the equivalent of EUR

150 (one hundred and fifty euros).

5.2.5. The Applicant or the person having the

Applicant’s representation rights or

decision-making or supervisory rights in

respect of the Applicant has not been

found guilty by a court ruling or the

prosecutor’s injunction that has entered

into force and become indisputable and

from the day of its becoming indisputable

until the submission day of the tender

three years have elapsed, of complicity in

criminal corruptive activities, financial

fraud, money laundering or a criminal

organisation.

The Applicant’s written statement (see annex No 4).

5.2.6. The Applicant has not been found guilty

by the decision of a competent institution

or a court ruling that has come into effect

and become indisputable, of the breach of

the competition law in the form of a

vertical agreement restricting the buyer’s

ability to determine a reselling price or of

a horizontal cartel agreement, except the

case when the appropriate institution has

discovered the breach of the competition

law and released the Applicant from

penalty payment.

The Applicant’s written statement (see annex No 4).

5.2.7. The Applicant has not been found guilty

by the decision of a competent institution

or a court ruling that has come into effect

and become indisputable, of material

breaching the labour law by employing

one person without a written employment

contract if discovered repeatedly in the

course of a year, or by simultaneously

employing two or more persons without a

written employment contract.

The Applicant’s written statement (see annex No 4).

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5.3.The qualification documents must be submitted complete with the Application Letter, a

specimen of which is provided in Annex No1 hereto.

5.4. If the Applicant is a group of suppliers or a partnership of suppliers, the Applicant shall

submit the documents described in Articles 5.2.1 – 5.2.7 on each person included in the

group or the partnership, indicating which participant is responsible to represent the group

of suppliers in submission of the tender and signing of the procurement contract as well as

what share of the procurement contract will be taken by each participant of the partnership.

If the group of persons is not duly registered in accordance with the laws and regulations of

the RL, and if it is intended to be registered solely for fulfilment of this procurement

contract, the qualification documents shall be supplemented with the agreement of the group

members on the registration of the group for fulfilment of this procurement contract, if the

Applicant is awarded the contract.

5.5.If the Applicant intends to engage subcontractors, on whose potential the Applicant relies

to prove the relevance of its qualifications, the Applicant shall submit the documents

described in Articles 5.2.1 – 5.2.7 on each subcontractor engaged for this purpose, and the

specified share or role assigned to each subcontractor as well as the scope thereof, and a

written statement signed by the engaged subcontractor containing the agreement and

commitment to fulfil its share of the contract.

5.6.If the Applicant depends on the subcontractor’s potential to fulfil the qualification

requirements set out in Sub-article 5.2.8 herein, such subcontractors shall be engaged by the

Applicant for fulfilment of the respective part of the contract in conformity with the

distribution of contract shares or roles and their scope indicated in the tender proposal. The

Applicant may engage for fulfilment of the contract those subcontractors on whom the

Applicant has submitted the documents specified hereunder and whose qualifications

correspond to the Terms of Reference according to the contract shares, roles and scope

assigned to the subcontractors. Upon signing of the contract, the Applicant may change the

subcontractors of whom the Applicant has informed the Client, on whose potential it has

relied to certify that their qualifications comply with the Terms of Reference and/or whom

it has planned to engage in fulfilment of the contract or to engage other subcontractors only

subject to the Client’s written consent. The Client will give such consent to change the

person on whose potential the Applicant relies to comply with the qualification requirements

only if the proposed subcontractor complies with the provisions of Sub-articles 5.2.1 – 5.2.7

of the Terms of Reference.

5.7.Foreign Applicants may submit different documents from those specified in Articles 5.2.1,

5.2.2, 5.2.3 containing the information required thereunder, if such documents have been

issued by the institutions, bodies or persons authorised to do so under the legislation of the

Applicant’s country of registration, duly indicating the legal basis thereof in the specific

country. If the laws of the Applicant’s country of registration do not provide for the issuance

of any of the documents specified in Articles 5.2.1, 5.2.2, 5.2.3, the Applicant shall submit

a statement or an explanation when submitting the information required in Articles 5.2.1,

5.2.2, 5.2.3. herein.

5.8.If the Committee has doubts about the authenticity of the document copies presented by the

Applicant, the Committee may request the Applicant to submit the copies prepared in

accordance with the Republic of Latvia Cabinet Regulation No 916 of 28 September 2010

“The Rules of Drafting and Arrangement of Documents”, or to show the originals of the

documents.

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6. INSTRUCTIONS REGARDING TECHNICAL PROPOSAL

6.1. The Technical Proposal shall be presented by the Applicant, by signing the Technical

Specification (Annex No 2) herein, certifying that the works will be accomplished in accordance

with the requirements set out in the Technical Specification, and in addition submitting the

following:

6.1.1. The statement certifying that the Applicant possesses all the necessary

equipment for accomplishing the above mentioned works;

6.1.2. The Applicant’s description and schedule of accomplishing the works set out in

the Technical Specification.

6.2. The Technical Proposal shall be signed by the Applicant’s officer with signatory rights

or another duly authorised person.

7. INSTRUCTIONS REGARDING FINANCIAL PROPOSAL

7.1. The Applicant shall draw up the Financial Proposal according to the Financial Proposal

Form (Annex No 3) attached herein, by completing the form.

7.2. The Applicant shall include in the quoted prices all taxes and dues and other charges

(transport costs, extra working hour costs, in case of corrections on the ground for the airport

personnel) binding on the Applicant, for the entire scope of the procurement object in

accordance with the Terms of Reference;

7.3. The prices quoted by the Applicant in the Financial Proposal shall be fixed for the entire

term of the contract and they may not be subject to any subsequent recalculations, except as

provided in the contract.

7.4. The price shall be quoted in EUR and rounded to 2 (two) digits behind the decimal point.

7.5. The Financial Proposal shall be signed by the Applicant’s signatory or another authorised

person.

8. INSPECTION OF THE ARRANGEMENT AND VALIDITY TERM OF THE TENDER

DOCUMENTATION 8.1. Prior to compliance assessment of the tenders, the Committee will inspect the arrangement

of the tenders submitted by the Applicants and their validity term. In the event of drawbacks

discovered in the arrangement of the tender, the Committee will assess their essentiality and

decide about their further consideration. The tender submitted by the Applicant will not be

considered if the Committee discovers the following:

8.1.1. The tender is not signed according to the Terms of Reference;

8.1.2. The validity term of the Tender does not correspond to the one specified in Article

2.6. herein;

8.1.3. The Applicant has submitted several versions of the tender in breach of Article

2.5.herein.

9. ASSESSMENT OF THE APPLICANTS’ QUALIFICATIONS

9.1. The Committee will proceed to inspect the Applicants’ qualifications.

9.2. The Applicant shall be excluded from further participation in the Request for Quotation

procedure and its tender shall not be considered if the Committee discovers the following:

9.2.1. The Applicant does not comply with any of the provisions under Article 5 of the

Terms of Reference;

9.2.2. The Applicant has submitted untrue information for assessment of its

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qualifications or has not submitted the requested information at all, including the

specified information requested by the Committee in the term set by the Committee.

9.3. If the Applicant is an association of suppliers, the Applicant may be excluded from further

participation in the Tender procedure if the Committee discovers that any of the exclusion

conditions defined in Article 9.2 herein is true concerning any of the persons belonging to

the association.

9.4.If the Applicant engages subcontractors, the Applicant may be excluded from further

participation in the Tender procedure if the Committee discovers that any of the exclusion

conditions defined in Article 9.2 herein is true concerning any of the subcontractors on

whose potential the Applicant relies to confirm the compliance of its qualifications.

9.5. Prior to exclusion of the Applicant, the sub-contractors engaged by it, or the participants of

the suppliers’ association from further participation in the tender procedure, the Committee

shall assess the materiality of the drawbacks in the documentation and their impact on the

possibility to assess the Applicant’s compliance with the qualification requirements.

10. INSPECTION OF THE COMPLIANCE OF THE APPLICANTS’ TECHNICAL

PROPOSALS

10.1. After inspection of the Applicant’s qualifications, the Committee shall proceed to examine

the compliance of the Applicants who have passed the assessment of qualifications to the

requirements of the Technical Specification.

10.2. The Applicant’s tender may be excluded from further participation in the Tender procedure

and shall not be considered if the Committee discovers that the documents of the Technical

Proposal have not been submitted or such documents, or their content do not comply with the

requirements of Article 6 of the Terms of Reference and/ or the Technical Specification;

10.3. If the Technical Proposal complies with the requirements of the Terms of Reference of the

Request for Quotation procedure and the Technical Specification, the Committee shall proceed

to examine the Applicant’s Financial Proposal.

11. EVALUATION OF FINANCIAL PROPOSALS

11.1. The Committee shall assess the submitted financial proposals by comparing the prices

quoted in the financial proposals.

11.2. Initially, the Committee will check the calculation errors in the Applicants’ quotations.

11.3. The discovered errors will be corrected by the Committee.

11.4. The Committee will inform all the Applicants together of its correction of errors by

indicating the specific tender documentation, in which the corrections have been made.

11.5. In assessment of the financial proposal with calculation errors, the Committee will take

into account the corrections.

11.6. The Committee will check if an Applicant has not quoted an unreasonably low price. If

the tender is discovered to be unreasonably cheap, it will be rejected. Prior to rejecting

of such a tender, the Committee will request the Applicant in writing to explain in detail

relevant conditions of implementation of the tender.

11.7. Upon assessment of the financial proposals, The Committee will proceed to compare the

prices quoted in the financial proposals complying with the Terms of Reference.

11.8. Upon selection of the tenders with the lowest price quoted the Committee will take one

of the following decisions:

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11.8.1. to award the contract to the Applicant whose tender answers the Terms of Reference

and whose quoted price is the lowest;

11.8.2. to close the Request for Quotation procedure without selecting any of the tenders, if

such tenders have not been submitted or if the submitted tenders do not comply with

the Terms of Reference, or if the quoted price exceed the budget of SJSC Riga

International Airport, or for other valid reasons.

12. SELECTION OF THE SUPPLIER AND CONCLUSION OF THE CONTRACT

12.1. The Committee will award the contract to the Applicant whose tender complies with the

Terms of Reference and whose quoted price is the lowest.

12.2. The Committee will inform the Applicants of the results of the Request for Quotation

procedure in writing within 5 (five) working days following the Client’s decision date

regarding the Tender results.

12.3. The announcement of the decision will serve as the basis for contractual negotiations

and subsequent signing of the contract with the selected Applicant.

13. RIGHTS AND OBLIGATIONS OF THE COMMITTEE

13.1. Rights of the Committee:

13.1.1. to make a written request to the Applicant to specify the submitted information

and to provide detailed explanations;

13.1.2. to verify the truthfulness of all the data submitted by the Applicant;

13.1.3. to invite experts to work in the Committee in advisory capacity;

13.1.4. at the meeting for opening of tenders in the presence of the Applicants’

representatives to lace through the package of the original documents, if submitted in

loose sheets by the Applicant; in such a case the Committee is not responsible for the

composition of the submitted documents;

13.1.5. to request the Applicant to submit the information on the pricing mechanism;

13.1.6. to decline a tender with an unreasonably low price quoted;

13.1.7. to make a written request to the Applicants to extend the validity term of the

tenders;

13.1.8. to carry out other activities in accordance with the laws and the Terms of

Reference of the Request for Quotation procedure;

13.1.9. The Client may make changes to the Terms of Reference of the Request for

Quotation procedure by publishing the notice of such changes on the Client’s website not

later than 6 (six) days prior to the closing date of submission of the tenders. If it is

necessary to make changes at a later date, the term of submission of the tenders will be

extended;

13.1.10. The Client bears no responsibility for the Applicants’ insufficiently prepared

tenders, if the Applicant has not taken into account the changes made to the Terms of

Reference of the Request for Quotation procedure and the Client’s answers to the

questions of potential applicants published on the Client’s website: www.riga-

airport.com;

13.1.11. The Client reserves the right to accept or decline any tender, to discontinue the

open tender procedure and decline all the tenders at any time prior to awarding of the

contract, without assuming any responsibility for the respective Applicant or Applicants

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as well as any duty to inform the respective Applicant or Applicants of the reasons of the

Client’s actions unless otherwise provided in the effective laws and regulations of the

Republic of Latvia.

13.2. Obligations of the Committee:

13.2.1. to review the Applicants’ tenders submitted within the time specified for

submission of the tenders;

13.2.2. to make a decision on the Request for Quotation results and to submit it for approval

to the Client.

14. THE APPLICANT’S RIGHTS AND OBLIGATIONS 14.1. The Applicant’s rights:

14.1.1. The Applicant may make a timely written request to the Committee for

additional information regarding the Terms of Reference;

14.1.2. The Applicant may extend the validity term of the tender.

14.2. The Applicant’s obligations:

14.2.1. In the term indicated by the Committee to supply in writing the answers and

explanations regarding the tender to the questions asked by the Committee;

14.2.2. Each Applicant by submitting its tender undertakes to observe all the provisions

of the Terms of Reference as the basis for fulfilment of the procurement;

14.2.3. The Applicant shall individually assume the risk for preparation of the tender in

conformity with the Terms of Reference of the Request for Quotation procedure and

with such additional information as may be published on the Client’s website.

15. OTHER PROVISIONS

15.1. The Committee and the Applicant shall exchange information in writing. The information

that is presented orally is not binding for the purposes of the procurement procedure.

15.2.All costs of compilation and submission of the tender documentation shall be covered by

the Applicant.

15.3. The Terms of Reference of the Request for Quotation procedure are supplemented with

the following annexes:

15.3.1. Annex No 1 – Letter of Application form;

15.3.2. Annex No 2 – Technical Specification;

15.3.3. Annex No 3 – Financial Proposal form;

15.3.4. Annex No 4 – Statement on compliance;

15.3.5. Annex No 5 – Draft contract.

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Annex No1

LETTER OF APPLICATION FORM

Note: The Applicant for the Request for Quotation procedure must fill in the blanks in this form.

Procurement: „ Visual Flight Inspection”

TO: SJSC RIGA INTERNATIONAL AIRPORT

In accordance with the rules of the Request for Quotation procedure, we, the undersigned,

hereby confirm our agreement to the provisions of the Terms of Reference of the Request for

Quotation procedure. We hereby offer to perform visual flight inspection at SJSC Riga

International Airport in accordance with the Terms of Reference of the Request for Quotation

procedure for the total amount of:

Total amount of the tender in words_____________________________________ EUR (before

VAT).

1. If the Applicant is an association of suppliers:

1.1. A person representing the association of suppliers in the Request for Quotation

procedure:

__________________________________________________________________________;

1.2. The share of each person’s responsibility: _____________________________________

2. We hereby certify that the documents attached hereto represent this tender.

3. We hereby confirm that our offer is valid for 90 (ninety) calendar days following the

opening date of the tender documents.

4. We agree to the Terms of Reference of the Request for Quotation procedure and of the

attached draft contract.

5. We hereby certify that we are not interested in any other proposal submitted under this

tender procedure.

6. We confirm that this tender was drawn up and submitted independently of competitors*

and without any consultations, contracts or agreements or any other communication with

competitors*.

7. We confirm that <tenderer’s name> had no communication with competitors* as to the

prices, price calculation methods, factors (circumstances) or formulas as well as

competitors’* intention or decision to participate or not to participate in the procurement

or submission of tenders which do not meet the requirements of the procurement or as to

the quality, volume, specification, performance, delivery and other terms to be handled

independently of competitors*, the products or services relating to this procurement.

8. We confirm that <tenderer’s name> has not disclosed or shall not disclose intentionally,

directly or indirectly conditions of the tender to any competitor* before the official tender

opening date and time or awarding the right to enter into the contract.

9. Information on the Applicant:

9.1. Applicant’s title: _____________________________

9.2. Registered: with No_______________

9.3. Taxpayer’s registration No: ___________________

9.4. Registered address: ___________________________________

9.5. Office address: ______________________________________

9.6. Contact person: ____________________________________ (Name, surname, position)

9.7. Telephone No:__________________________________________

9.8. Fax No: ____________________________________________

9.9. E-mail address: _____________________________________

9.10. Bank: ___________________________________________

9.11. Code: ____________________________________________

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9.12. Account: ___________________________________________

I hereby assume full liability for the contents of the documentation submitted for the Request

for Quotation procedure, information contained herein, arrangement of documents and

compliance with the Terms of Reference of the Request for Quotation Procedure and the

Technical specification. The data and information submitted are true and fair.

The submitted document package consists of ____________(__________) pages.

Signature: __________________

Name, surname: ___________________

Position: ___________________

The Letter of Application drawn up and signed on ___ _______________ 2015.

(Seal)

* Competitor - any natural or legal person who is not the Applicant, but who submits a tender

for the Procurement or who, taking into account his or her qualifications, abilities or

experience, as well as goods or services offered, may submit a tender.

13

Annex No 2

Visual Flight Inspection

Task of procurement "Visual flight inspection"

1. Perform an annual visual flight inspection for PAPI light system for runways 18 and

36 in accordance with Airport Services Manual (Doc 9137), Part 9. Chapter 2.5.5.

2. Perform visual flight inspection for general condition of the whole approach and

runway lighting systems for runways 18 and 36.

14

Annex No3

Visual Flight Inspection

FINANCIAL PROPOSAL

Client: SJSC Riga International Airport

Procurement title: Visual Flight Inspection , ID No CA-15/265

Applicant: _____________________________ Reg. No_______________________ (Company title)

In accordance with the Terms of reference of the Request for quotation procedure we, the

undersigned, hereby offer to perform the visual flight inspection

for the total amount:

No

Total price EUR

(before VAT)

1. Visual flight inspection

2. Travel expenses

Additional per-hour expenses if corrections

should be made for the airport personnel on

the ground

3. Other expenses

Total amount (before VAT):

VAT 21 %:

Total price (after VAT):

Total quoted amount (before VAT) EUR_________________, in words

(____________________________) (EUR)

The Financial Proposal covers all the costs required for fulfilment of all the works specified in

the Technical Specification.

We hereby confirm and warrant that the submitted data herein are true and accurate and comply

with the Technical Specification of the Request for Quotation procedure „ Visual Flight

Inspection”.

Signature of the authorized person and the seal of the company:_______________

Signatory’s name, surname and position ________________________________

Date: ___________________

15

A n n e x 4

S T A T E M E N T

(on compliance with the qualification requirements set out in Sub-articles 5.2.5, 5.2.6

and 5.2.7. of the Terms of Reference)

_____________(Applicant’s name*) hereby certifies that the exclusion conditions specified in

Section 42, Paragraph 1 of Law On the Procurement of Public Service Providers are not

applicable to the Applicant because:

1) the Applicant* or the person having the Applicant’s* representation rights, or decision-

making, or supervisory rights in respect of the Applicant has not been found guilty by a court

ruling, or the prosecutor’s injunction that has entered into force and become indisputable, and

since its entry into force three years have elapsed, of complicity in criminal corruptive activities,

financial fraud, money laundering or criminal organisation;

2) the Applicant* has not been found guilty by the decision of a competent institution or a court

ruling that has come into effect and become indisputable, and since its entry into force twelve

months have elapsed, of the breach of the competition law in the form of a vertical agreement

restricting the buyer’s ability to determine a reselling price or of a horizontal cartel agreement,

except the case when the appropriate institution has discovered the breach of the competition

law and released the Applicant* from penalty payment;

3) The Applicant over the last 18 (eighteen) months until the submission date of the tender has

not been punished, either in Latvia or abroad, of material breaching the labour law by

employing one person without a written employment contract if discovered repeatedly in the

course of a year, or by simultaneously employing two or more persons without a written

employment contract.

* “Applicant” means a candidate or a tenderer, or a participant of a suppliers’ (persons’)

association, or a subcontractor, depending on who submits the Statement.

Signature:

Name, surname:

Position:

The Statement drawn up and signed on 2015

(Seal)

16

Annex No 5

DRAFT

Contract No ____________

Mārupes novads, _____ ____________2015

SJSC Riga International Airport, Registration No 40003028055, hereinafter – “the

CLIENT”, represented by its Chairman of the Board Andris Liepiņš and member of the Board

Ilmārs Upenieks, acting on the basis of the board authorisation (SJSC Riga International Airport

Board decision of __ __________ 2015, Minutes of the board meeting No __), of the one part,

and

< >, Registration No < >, hereinafter – “the SUPPLIER”, represented by its < > < >, acting on

the basis of the Articles of Association, of the other part, both jointly referred to as “the

PARTIES” and each separately - as “the PARTY”,

based on:

- the results of the request for quotation procedure “VISUAL FLIGHT INSPECTION”

(Identification No CA-15/265)” (“the Tender”), expressing their will, not falling under the

pressure of deceit, fallacy or duress, have concluded the following contract, hereinafter –

“the Contract”:

1. SUBJECT OF THE CONTRACT

1.1. The CLIENT orders and the SUPPLIER in accordance with the Technical Specification

(Annex No 1), the SUPPLIER’s Technical Proposal and the Financial Proposal (Annex No 2),

submitted for the Request for Quotation procedure undertakes with its own effort, materials and

equipment to perform the visual flight inspection (“the Works”), whereas the CLIENT

undertakes to accept the Works from the SUPPLIER and to pay for the works in conformity

with the terms of the Contract.

1.2. The SUPPLIER undertakes to commence the Works specified in Clause 1.1 herein within

2 (two) working days following the signing date of the Contract and receipt of the passes and

to accomplish the Works within 7 (seven) days from the commencement date of the Works.

1.3. The SUPPLIER shall carry out the Works specified in Clause 1.1 herein at the CLIENT’s

address: Lidosta “Rīga” 10/1, Mārupes novads, Latvia, LV-01053. By signing the Contract, the

SUPPLIER certifies that it is familiar with the location and conditions of performance of the

Works, knows them and has no objections to them.

2. CONTRACT AMOUNT AND PAYMENT PROCEDURE

2.1. The CLIENT undertakes to pay the SUPPLIER for fulfilment of Clause 1.1 of the Contract

EUR< > (amount in words), before Value Added Tax (“VAT”). The VAT amount shall be

calculated and quoted in the SUPPLIER’s invoice at the rate specified in the effective laws and

regulations of Latvia.

2.2. The CLIENT shall pay for the Works within 30 (thirty) calendar days after the mutual

signing of the Delivery-acceptance certificate of the Works and receipt of the SUPPLIER’s

invoice. /If the SUPPLIER requires it, the CLIENT will pay the advance amount of 20% of the

total Contract amount./

2.3. The settlement under the Contract shall be made by crediting the amount to the bank

account indicated in the SUPPLIER’s invoice. The payment is shall be deemed executed when

17

the bank receives a payment order for paying the specified amount into the account indicated

in the SUPPLIER’s invoice.

2.4. As a sufficient proof of making the respective payment under the Contract the payment

order will be accepted with the bank’s note of transfer of the respective amount to the account

indicated in the SUPPLIER’s invoice.

2.5. The prices of the Works indicated in the SUPPLIER’s Technical and Financial Proposal

(Annex 2) shall cover all the SUPPLIER’s expenses related to fulfilment of the undertakings

set out in the Contract in good quality, including the materials, equipment, for performance of

the Works, travel expenses, etc. The prices of the Works specified in the SUPPLIER’s Financial

Proposal (Annex 2) and the total contract amount may not be changed throughout the entire

term of the Contract.

2.6. The SUPPLIER shall undertake the risk, i.e. shall not demand additional payment from the

CLIENT, if in the course of Contract fulfilment calculation errors are discovered in the

SUPPLIER’s Financial Proposal or if it is discovered that the SUPPLIER has not quoted the

price covering the entire scope of the Contract Works (such as, the SUPPLIER has

miscalculated the costs, scope and price of accomplishment of the Works in conformity with

the Contract).

3. LIABILITIES AND OBLIGATIONS OF THE PARTIES

3.1. The SUPPLIER hereby undertakes:

3.1.1. to accomplish the works specified herein within 30 (thirty) calendar days from the

coming into effect of the Contract;

3.1.2. not to disclose the information obtained in the course of fulfilment of the Works to third

parties without the CLIENT’s prior written consent;

3.1.3. to ensure that in the Works and in fulfilment of warranty obligations sufficiently

qualified specialists are engaged and that the number of such specialists is adequate to

accomplish the contractual Works in the agreed term, scope and quality;

3.1.4. to ensure the compliance of the quality of the Works with the requirements of the

Contract and the Technical specification (Annex 1 to the Contract), and the CLIENT’s

instructions;

3.1.5. to ensure fulfilment of the Contract with its own workforce, good quality materials,

equipment, appliances, software required for fulfilment of the Contract and correction of

drawbacks;

3.1.6. in the CLIENT’s territory and buildings to observe the CLIENT’s rules of procedure,

security, pass regime, labour safety, environment protection and fire safety rules as well as to

keep the place of the Works at the time of their execution clean and tidy;

3.1.7. while carrying out the Works, to observe the Latvian laws and regulations pertaining to

the specific industry;

3.1.8. while organizing and carrying out the works, to promptly fulfil the instructions (if any)

of the director of the Infrastructure Maintenance and Development Department and the head

of the Electrical Maintenance Unit;

3.1.9. to answer for all the damage in the course of the Works caused to the CLIENT or third

parties and to indemnify the CLIENT and the third parties for the damage caused due to the

SUPPLIER’s fault;

3.1.10. within 2 (two) working days following the signing date of the Contract, to submit to

the CLIENT the list of persons to be engaged in the fulfilment of the Contract indicating the

name, surname, identity number and position of every person. The SUPPLIER will perform

the Works in the Airport airside, where the persons are allowed to stay and work subject to

compliance with the Airport’s security requirements and the special pass regime. In view of

the abovementioned, prior to starting the Works, the CLIENT will provide the necessary

passes to the SUPPLIER’s personnel for a charge. The SUPPLIER shall pay for the

18

aforementioned services according to the pricelist of SJSC Riga International Airport. The

SUPPLIER shall also pay a security deposit for the passes to be refunded to the SUPPLIER

upon accomplishment of the Contract and returning of the passes to the CLIENT;

3.1.11. The SUPPLIER shall ensure that the personnel to be engaged in fulfilment of the

Contract have no criminal record neither in the country of their residence nor in other

countries where they have stayed for the period exceeding 6 months and that the SUPPLIER’s

personnel in their country of residence are not registered with psychiatric and narcological

institutions. The SUPPLIER shall carry out the necessary security checks and at the

CLIENT’s request shall provide appropriate references. The CLIENT may deny access to the

Works to certain employees of the SUPPLIER for security reasons.

3.2. The SUPPLIER has the following rights:

3.2.1.

4. LIABILITY OF THE PARTIES

4.1. The Parties are held liable for fulfilment of the Contract. The Party failing to observe the

provisions of the Contract shall indemnify the other Party for the direct loss incurred by the

latter due to such failure.

4.2. For the unjustified delay of delivery and fulfilment of the Works specified in Sub-clause

1.2, and for the failure to observe the terms of response and correction of defects set in Sub-

clause 5.5 herein, the CLIENT is entitled to charge and the SUPPLIER is obliged in accordance

with the invoice presented by the CLIENT to pay the CLIENT a contractual fine for each day

of delay in the amount of 0.5% of the total Contract amount specified in Sub-clause 2.1 herein,

but not exceeding 10% of the total Contract amount.

4.3. For the unjustified failure to observe the payment term specified in Sub-clause 2.2 herein

the CLIENT is entitled to charge and the SUPPLIER is obliged in accordance with the invoice

presented by the CLIENT to pay the CLIENT a contractual fine for each day of delay in the

amount of 0.5% of the outstanding sum, but not exceeding 10% of the total Contract amount.

4.4. If the CLIENT has charged any of the contractual fines specified herein, the CLIENT is

entitled, upon payment of the SUPPLIER’s invoices, to deduct the contractual fine.

5.

6. FORCE MAJEURE

6.1. The Parties shall be released from the liability for full or partial default on their contractual

obligations if such default has been caused by an event of force majeure nature that the

respective Party could not foresee and avert. The following events shall be deemed force

majeure: wars, natural disasters, general strikes.

6.2.The Party referring to a force majeure event shall notify the other Party thereof in writing

at its earliest opportunity, but not later than within 14 (fourteen) days. If such a notification

is not sent, the Party failing to send it shall be held liable for all the losses incurred by the

other Party.

6.3. If the force majeure circumstances continue for a period exceeding 45 (forty five) days,

each of the Parties may unilaterally withdraw from and terminate the Contract. In such an

event neither Party shall be held liable for the losses incurred by the other Party during the

period after setting in of the force majeure circumstances.

7. DURATION AND CONDITIONS OF THE CONTRACT

19

7.1. The Contract shall enter into force on its mutual signing date (and its registration by the

CLIENT) and shall remain in force until fulfilment of all obligations by the Parties.

7.2. The Contract shall be deemed fulfilled when the Parties have fulfilled all their obligations

hereunder.

7.3. The Contract may be supplemented, amended or cancelled by mutual agreement of the

Parties. Substantial amendments to the contract are not allowed. All amendments and

additions to the Contract shall be drawn up in writing and constitute an integral part of the

Contract.

7.4. The CLIENT may unilaterally withdraw from the Contract at a 5 (five) working days’

written notice to the SUPPLIER, if the latter in the course of 10 (ten) days from the term

set in Clause 1.2 has failed to deliver the Equipment or if the CLIENT has discovered that

the SUPPLIER delivers the Equipment in breach of the Technical Specification, the

SUPPLIER’S proposal and the provisions of this Contract. The CLIENT shall not

indemnify the SUPPLIER for the losses thus incurred by the latter. The SUPPLIER within

3 (three) working days following receipt of a written notice shall reimburse the advance

amount specified in Clause 2.2 of the Contract and received from the CLIENT.

8. PROCEDURE OF SETTLEMENT OF DISPUTES

8.1. All disputes arising between the Parties shall be settled by mutual negotiations. If the

Parties fail to reach an agreement, the dispute shall be referred to the courts of law and

resolved in accordance with the laws and regulations of the Republic of Latvia. Legal

proceedings shall take place in the Republic of Latvia

9. FINAL PROVISIONS

9.1. The Parties undertake not to disclose the confidential information, defined as such in the

effective laws and regulations of Latvia or by the Parties themselves, obtained by them in

the course of fulfilment of the Contract to third parties without a written consent of the other

Party, except as required according to the procedure set out in the laws and regulations by

the authorities of the Republic of Latvia who have the legal right to do so. This provision

shall remain in force for 3 (three) years following the mutual signing date of the delivery-

acceptance certificates of the Equipment and the Works.

9.2. This Contract is binding on the Parties and their legal successors. The Parties may not fully

or partially transfer their liabilities, rights or obligations hereunder to third parties without

the other Party’s written consent.

9.3. In order to arrange for the cooperation of the Parties and fulfilment of the Contract, the

Parties shall appoint persons responsible for fulfilment of the Contract:

9.3.1. The CLIENT’s contact person responsible during the term of Contract - for

organisational matters: ____________________, phone:_____________; e-pasts:

_______;

9.3.2. The SUPPLIER’s responsible person for fulfilment of the Contract:

tel.:_________, GSM:___________________, e-mail address__________________.

9.4. All the notifications, notices, correspondence, approvals and other information arising from

the Contract shall be made in writing in the Latvian language.

9.5. Should either of the Parties change its registered address and/or banking details, it shall

inform the other Party thereof not later than within 5 (five) calendar days following the

20

registration of such changes. If the Party’s responsible person has been replaced, the Party

shall inform the other Party in writing at least 3 (three) calendar days prior to such

replacement. The culpable Party shall be held liable for the loss incurred due to its failure to

report such changes appropriately and in due time.

9.6. If any of the provisions of the Contract becomes invalid, it shall not affect the validity of

rest of the Contract.

9.7. In the matters not provided for hereunder the Parties shall observe the provisions of the

effective laws and regulations of Latvia.

9.8. The Contract is drawn up in Latvian, in 2 (two) counterparts, one held by the CLIENT, the

other – by the SUPPLIER. Both counterparts of the Contract have equal legal force.

9.9. As integral parts of the Contract the following annexes are attached:

9.9.1. Annex No 1 - Technical Specification on __pp;

9.9.2. Annex No 2 – a copy of the Technical Proposal on____pp;

9.9.3. Annex No 3 – a copy of the Financial Proposal on __pp;

10. PARTICULARS AND SIGNATURES OF THE PARTIES The CLIENT:

SJSC Riga International Airport

Mārupes novads, Lidosta “Rīga” 10/1

Tel., fax: 67 207 535, 67 211 767

Reg. No 40003028055

VAT payer’s No LV40003028055

AS “Swedbank”

Account No LV79HABA0001407030168

Code: HABALV22

The SUPPLIER:

Title

Address:

VAT payer’s No

Bank:

Account:

Code:

…………………………../ /

Chairman of the Board

…………………………. /___________/

Seal

…………………….. / /

Seal

21

Annex No.5.