INVITATION TO TENDER
for the procurement of civil works for the reconstruction and renovation of
football pitches with hybrid grass in Croatia
Project: Renovation of football pitches of Croatian Top Division clubs
PROCUREMENT NUMBER 02/2018
Employer: Hrvatski nogometni savez - Croatian Football Federation (HNS-CFF)
Date of issue: February 2018
Table of contents A GENERAL ............................................................................................................................. 5
1. Employer ............................................................................................................................. 5
2. Contact person ..................................................................................................................... 5
3. Procurement number ........................................................................................................... 5
4. Clarification of terminology ................................................................................................ 5
5. Source of funds ................................................................................................................... 5
6. Fraud and corruption ........................................................................................................... 5
7. Procurement subject description: ........................................................................................ 6
8. Description and identification number of procurement subject groups .............................. 6
9. Communication with bidders .............................................................................................. 6
10. Procurement subject quantity .............................................................................................. 7
11. The location of the execution of works ............................................................................... 7
12. Technical specification of the subject-matter of procurement ............................................ 8
13. Replacement items of the bill of quantities and replacement system of the hybrid pitch ... 8
14. The deadline for the beginning and completion of the works:............................................ 9
B CRITERIA FOR THE SELECTION OF AN ECONOMIC OPERATOR (CONDITIONS ON THE BIDDER’S CAPABILITY) ......................................................................................... 10
15. Evidence of no criminal record ......................................................................................... 10
16. The bidder’s legal and business capacity .......................................................................... 10
17. Financial capacity ............................................................................................................. 10
17.1. Tax compliance ......................................................................................................... 10
17.2 Evidence of financial capacity ................................................................................. 11
18. The bidder’s technical capacity ......................................................................................... 11
18.1. List of contracts ........................................................................................................ 11
18.2. Qualified staff ........................................................................................................... 11
18.3 List of construction machinery and equipment to be used in the works ............. 12
18.4 Statement of acceptance of all terms of the tender documents ............................. 12
19. Group of Bidders ................................................................................................................ 13
20. Subcontractors .................................................................................................................... 14
C INFORMATION ON THE BID ........................................................................................ 14
21. METHOD OF DELIVERING DOCUMENTS COMMON TO A NUMBER OF PROCUREMENET SUBJECT GROUPS .................................................................................. 14
22. WITHDRAWAL, SUBSTITUTON AND MODIFICATON OF BIDS........................... 14
23 THE CONTENT AND METHOD OF BID PREPARATION .......................................... 15
24. BID PRICE ....................................................................................................................... 16
25. BID CURRENCY .............................................................................................................. 16
26. BID VALIDITY PERIOD ................................................................................................ 16
27. BIDDING COSTS ............................................................................................................ 16
28. BID LANGUAGE ............................................................................................................. 16
29. METHOD OF BID SUBMISSION .................................................................................. 17
30. BID SELECTION CRITERIA .......................................................................................... 17
30.1. Bid price .................................................................................................................... 18
30.2. Pitch maintenance cost – 5 years ............................................................................ 18
30.3. Warranty period ...................................................................................................... 20
D MODEL OF CONTRACT, BILLING AND PAYMENT METHOD ........................ 21
31. Model OF CONTRACT .................................................................................................... 21
32. BILLING AND PAYMENT METHOD ........................................................................... 21
32.1. Additional works (subsequent work): .................................................................... 22
32.2. Temporary work/construction phase report: ........................................................ 22
32.3. The final construction/work phase report: ............................................................ 22
E GUARANTEES .................................................................................................................. 23
33. GUARANTEE FOR THE SERIOUSNESS OF THE BID ................................................ 23
34.GUARANTEE FOR AN ORDERLY FULFILLMENT OF THE CONTRACT ............... 23
35.GUARANTEE FOR THE REMEDY OF DEFICIENCIES WITHIN THE TERM OF GUARANTEE ............................................................................................................................. 24
F REVIEW AND EVALUATION OF THE BID, DECISION ON THE AWARD ......... 24
36.CLARIFICATION OF BIDS .............................................................................................. 24
37.REASONS TO REJECT A BID ......................................................................................... 25
38. PROCEDURE ON THE SELECTION DECISION OR THE CANCELLATION DECISION ................................................................................................................................... 25
G OHER PROVISIONS ........................................................................................................ 26
39.DATE, TIME AND PLACE OF BID SUBMISSION AND OPENING OF THE BIDS ... 26
40.OPENING OF THE BIDS .................................................................................................. 27
41.SITE VISIT - TO THE LOCATION WHERE THE WORKS WILL TAKE PLACE ...... 27
42.CONFIDENTIALITY OF DATA ....................................................................................... 27
43.OTHER ESSENTIAL CONDITIONS FOR THE EXECUTION OF THE CONTRACT . 27
H ANNEXES .......................................................................................................................... 28
ANNEX I TENDER FORM ......................................................................................................................... 29
Supplement to Tender Form .................................................................................................... 30
ANNEX II STATEMENT OF IMPUNITY ................................................................................................... 31
ANNEX III STATEMENT ON ACCEPTANCE OF THE CONDITIONS ................................................... 32
ANNEX IV STATEMENT ON BANKRUPTCY PROCEDURE, LIQUIDATION AND CESSATION OF ACTIVITIES AND PROFESSIONAL OMMISSION ............................................................... 33
ANNEX V CONFIRMATION OF RECEIPT OF THE INVITATION TO TENDER ................................. 34
ANNEX VI:
BILL OF QUANTITIES
ANNEX VII:
PROJECT DOCUMENTATION
5/34
Croatian Football Federation is in the process of selection of the most favourable bid for the execution of reconstruction works of football pitches at the following football stadiums: Zaprešić, Pula, Koprivnica, Zagreb Maksimir, Zagreb Kranjčevićeva and Vinkovci, in compliance with the terms of this Invitation to Tender (hereinafter Tender) and we invite you to submit your bids in accordance with the following guidelines:
A GENERAL
1. Employer
Hrvatski nogometni savez - Croatian Football Federation
Ulica grada Vukovara 269a
10 000 Zagreb
OIB: 08516152078,
IBAN: HR2523400091100187844
Telephone: 01/ 23 61 555,
e-mail: [email protected]
2. Contact person
Jurica Bodrožić
Administrative clerk
Tel: 01/2361 555; fax: 01/2441 500
e-mail: [email protected]
3. Procurement number
Procurement number 02/2018
4. Clarification of terminology
Throughout these bidding documents:
(a) the term “in writing” means communicated in written form (e.g. by mail, e-mail, fax, telex) with proof of receipt;
(b) if the context so requires, “singular” means “plural” and vice versa; and
(c) “day” means calendar day.
5. Source of funds
The source of funds for this contract is UEFA - Hat Trick Project II-IV Croatia – Reconstrcution and renovation of Croatian Top division clubs’ football pitches.
6. Fraud and corruption
The Employer requires that the Bidders, Suppliers, Contractors, and Consultants observe the highest standard of ethics during the procurement and execution of this contract. In pursuit of this policy, the Employer:
(a) defines, for the purposes of this provision, the terms set forth below as follows:
6/34
(i) “corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the action of a public official in the procurement process or in contract execution;
(ii) “fraudulent practice” means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract;
(iii) “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of the investor, designed to establish bid prices at artificial, non-competitive levels; and
(iv) “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the procurement process or affect the execution of a contract;
The Employer shall reject a proposal for award of the works if it determines that the Bidder recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for the said Contract;
7. Procurement subject description:
This procurement process does not comply with the Public Procurement Act.
The process of procurement is conducted in order to procure renovation works on six football pitches with hybrid grass in Croatia at the following football stadiums: Zaprešić, Pula, Koprivnica, Zagreb Maksimir, Zagreb Kranjčevićeva and Vinkovci in accordance with the technical documentation which is a part of these Bidding Documents.
8. Description and identification number of procurement subject groups
Procurement subject is divided into 6 groups and the bidder is required to bid on all 6 groups. Bid amount must be visible for each group separately.
Group A) Reconstruction and installation of the football pitch in Zaprešić FC Inter Stadium
Group B) Reconstruction and installation of the football pitch in Pula Aldo Drosina Stadium
Group C) Reconstruction and installation of the football pitch in Koprivnica FC Slaven Belupo Stadium
Group D) Reconstruction and installation of the football pitch in Zagreb Maksimir Stadium
Group E) Reconstruction and installation of the football pitch in Zagreb Kranjčevićeva Stadium
Group F) Reconstruction and installation of the football pitch in Vinkovci FC Cibalia Stadium
9. Communication with bidders
All potential bidders are expected to thoroughly study all parts (content) of this Tender, including technical/project documentation and specification of works/bill of quantities, and submit their questions to the Investor about possible ambiguities and discrepancies solely and exclusively in written form, by email.
All questions concerning this process of selection of the most favourable bid are to be submitted in written form, and the sole communication channel available to all is the following email: [email protected].
Answers to each bidder's questions will be forwarded to all other bidders to take note.
7/34
In case the Employer decides to change the terms of this Tender, the Investor reserves the right to change any of the terms of this Tender including the deadline for the submission of bids.
No later than 4 (four) days before the expiry of the deadline for the submission of bids, the Employer may change, amend or supplement this Tender.
In order for all interested economic operators to have at their disposal enough time to take into consideration potential changes, amendments or supplements to documentation, the Investor may extend the deadline for the submission of bids.
If necessary, economic operators may ask for clarifications and changes no later than 4 (four) days before the expiry of the deadline for the submission of bids with marking “Clarification of Invitation to Tender – PROCUREMENT NO.: 02/2018 ".
In order to ensure transparency of the bid collection process and in case of additional clarifications and changes of terms of this Tender, the Employer invites potential bidders to submit until 1st March 2018 until 12:00 hours to the Employer a certified Confirmation of the receipt of the Call for Bids, Annex V, scanned, to the e-mail:
10. Procurement subject quantity
The type and quantity of the subject-matter of procurement is stated in the BILL OF QUANTITIES AND PROJECT DOCUMENTATION.
Procurement subject quantities are ESTIMATED.
Total payments excluding value added tax based on the award of works should not exceed the estimated value of the procurement.
The Employer is not obliged to guarantee that the foreseen quantities will be realized in full. The actual purchased quantity of individual items can be greater or lesser from the foreseen quantity.
The bidders are obliged to submit an electronic version (Excel table) of the Bill of quantities along with the one in hard copy (paper) and one on a CD or DVD or USB stick.
The bidder is obliged to execute also all subsequent works, after the receipt of the written agreement by the Investor, on which an Annex to the Contract will be added.
11. The location of the execution of works
The renovation of football pitches and stadium environment will take place in Zaprešić, Pula, Koprivnica, Zagreb and Vinkovci, according to groups and sub-groups of procurement:
Group A) Renovation and installation of hybrid pitch in Zaprešić, stadium of the FC Inter
Grupa B) Renovation and installation of hybrid pitch in Pula, stadium Aldo Drosina
Grupa C) Renovation and installation of hybrid pitch in Koprivnica, stadium of the FC Slaven Belupo
Grupa D) Renovation and installation of hybrid pitch in Zagreb, stadium Maksimir
Grupa E) Renovation and installation of hybrid pitch in Zagrebu, stadium Kranjčevićeva
Grupa F) Renovation and installation of hybrid pitch in Vinkovci, stadium of FC Cibalia
8/34
12. Technical specification of the subject-matter of procurement
Detailed clarification and technical specification of the subject-matter of procurement are described in constituent parts of this Tender (projects) – Annex VII, specifically:
FOLDER 1 – Renovation of the football pitch on the stadium in Zaprešić, stadium of the FC Inter
FOLDER 2 – Renovation of the football pitch on the stadium in Pula, stadium Aldo Drosina
FOLDER 3 – Renovation and installation of the football pitch in Koprivnica, stadium of the FC Slaven Belupo
FOLDER 4 – Renovation of the football pitch on the stadium in Zagreb, stadium Maksimir
FOLDER 5 – Renovation and installation of the football pitch in Zagreb, stadium Kranjčevićeva
FOLDER 6 – Renovation of the football pitch on the stadium in Vinkovci, stadium of FC Cibalia
13. Replacement items of the bill of quantities and replacement system of the hybrid pitch
The bidders are allowed to offer replacement items in the bill of quantities and replacement system of the hybrid pitch. In case replacement items of the bill of quantities/replacement sytem of hybrid pitch are offered, the Bidder is obliged to prove an equal value of the offered items/replacement system of hybrid pitch in relation to what is requested. The Employer, accredited representatives of the CFF, designers and professional persons accredited by the Investor will decide on the acceptance of alternative offers upon the analysis of received bids and potential alternative bids. In case of lack of proof of equal value, the Investor can reject such a bid.
The burden of proof of equal value of offered replacement/alternative items lies with the Bidder.
The pitch irrigation system cannot be offered as alternative, it is mandatory to offer the system of the producer Rain Bird.
Replacement system of hybrid pitch
If the Employer accepts an alternative system of pitches, proposed on the part of the Bidder, the Bidder is obliged to elaborate a project documentation: the archtitectural-civil engineering part, the irrigation system, the system of pitch heating, the drainage system with appropriate details and defined materials. In the transverse profile/cross section, it is necessary to consider the working design up to the ground floor, which is the bedrock (above the ground level/floor is a base course of stone material), and to define all the layers and the installation position, including the drainage system position.
The area covered by the project is shown on the drawings in the folder - The scope of the execution project.
During the execution of the installation part of the work design it is necessary to do the calculations and show the connection/main pipelines (drainage pipeline, water supply connecting pipeline, pipeline for ground heating), all according to the drawings in the folder (Zone included in the work design) up to the zone of the work design (in the drwings the zone is marked in red).
9/34
14. The deadline for the beginning and completion of the works:
A contract for the execution of the works shall be signed within 25 calendar days since the day of the receipt of the bid with the chosen bidder whose bid shall be valid and chosen. The introduction of the contractors into the works shall begin immediately upon the signing of the contract for all groups of procurement.
The works will take place in accordance with a dynamic plan which will be drafted and coordinated with the Investor within 7 days since the signing of the Contract, taking into account the date of introduction into the works and the date of completion.
A possible foreseen commencement of the works on the ground, on all the football construction sites is 24th May 2018, except for the football pitch in Vinkovci (FC Cibalia) where the possible foreseen commencement of the works is 5th June 2018. The same date is determined by the closure of the schedule of matches of the Croatian Premier Football Division.
All works, on all the groups must be fully completed by 25th July 2018 at the latest. This includes the education of the users and handover of the works about which a minute book will be made. After the successful education of the users for the maintenance of the pitch and the handover of the works, along with the amendment of possible deficiencies, the parties will move towards the final calculation.
It is deemed that the works are completed after a successful handover of the works, which includes the education of the users for the maintenance of the pitch, about which the Minutes on the education of the users will be made.
The chosen bidder is obliged to make the pitches ready for use, i.e. playing of the football matches until 28th July 2018 at latest, when the first matches of the Croatian Premier Football Division will be played.
The works of the bidder which are the subject-matter of the Contract will take place in parallel with the works of the local utility company, as is visible from the Bill of quantities.
The works in the domain of the utility company are as follows:
Drainage system
Backfilling of the drainage with stone material
Construction of the heating station for ground heating of the pitches and the pipeline from the heating station to the public access.
Works on the pipeline installation from the connecting water supply shaft immediately alongside the pitch to the connection on the public water supply network.
The work on dismantling the existing pitch with all the layers until the ground level
Load-bearing layer of stone material up to the the level of quartz sand
Irrigation system on pitches
In case the Contractor does not complete the works within the agreed deadline by his own fault, he is obliged to pay the Employer, upon his request, the penalties in the amount of 2‰ (two promilles) daily of the total value of works, for every day of delay, and at most up to 10% (ten percent) of the total value of completed works.
10/34
B CRITERIA FOR THE SELECTION OF AN ECONOMIC OPERATOR (CONDITIONS ON THE BIDDER’S CAPABILITY)
15. Evidence of no criminal record
In his Tender, the Bidder must provide proof that neither a legal entity nor a person authorized to represent an economic operator has pronounced a legally binding conviction for one or more of the following criminal offenses against him: association to commit criminal offenses, bribery in economic business, bribery in economic activity, misuse of office and power, misuse of state duty, illegal mediation, taking bribe, offering bribe, fraud, computer fraud, fraud in business or concealment of unlawfully obtained money or corresponding criminal offenses according to the country code.
- The bidder shall submit an Evidence of no criminal record (Annex II - Invitation to Tender), which cannot be issued less than 30 days from the day of the opening of the tender. The statement must be signed by a person authorized to represent the Bidder.
16. The bidder’s legal and business capacity
Each bidder must prove that his/her company is entered into the court, trade, professional or other appropriate register of the country where the economic operator has his/her seat.
The entry into the register shall be proven by an appropriate excerpt; if this document is not issued in the country of the economic operator, the economic operator may submit a certificate with an authorized signature from the competent authority.
- The excerpt or statement must not be older than 6 (six) months counting from the day of the opening of the bid.
17. Financial capacity
17.1. Tax compliance
The investor will disqualify a bidder if she/he has not fulfilled her/his obligation to pay due tax liabilities for pension and health insurance, unless he/she has been subject to a special law and is not allowed to pay these obligations or she/he is allowed to postpone the payment.
In order to determin the circumstances referred to in paragraph 1 of the Invitation to Tender, the Tenderer shall provide the following:
1. A certificate issued by the tax authority on the amount of debt not to be older than 30 days counting from the day of the opening of the bid.
2. A valid equivalent document of the competent authority of the country where the economic operator has its seat, if the certificate referred to in item 1 of this paragraph cannot be issued; or
3. A statement given under oath or an appropriate statement by a person authorized under the law to represent an economic operator at the competent judicial or administrative authority or notary or a competent professional or trade body in the country of the economic operator's seat or a certified signature at a notary who cannot be older than 30 days from the date of the commencement of the public procurement procedure, if the certificate from point 1 or
11/34
equivalent document referred to in item 2 is not issued in the country where the economic operator has her/his seat.
17.2 Evidence of financial capacity
Financial capacity is proven by a document issued by a bank or other financial institutions, which demonstrates the solvency of an enterprise.
- The minimum requirement is that during the last 150 days, the account of the bidder has not been blocked either one day, counting from the date of the opening the bid.
18. The bidder’s technical capacity
18.1. List of contracts
The list of contracts for the same or similar works carried out in the last five (5) years, counting from the day of the opening of the bid.
The same or similar works are considered to be works at a hybrid lawn on a football pitch with heating and irrigation systems.
The list of contracts includes the amount, the date of the beginning and the completion of the works, the place of execution, the name of the other contracting party and the contact for data checking, the deadline for the works, a brief description of the listed works (summarize the performed works and provide concise but specific information on the goals and the overall results of the completed works. Formulate your answer in a way that will allow the Investor to objectively and unambiguously confirm the relevance of the provided works. Do not enter any general or unimportant information. Use full sentences, do not use only lists or enumerations. Your answer should not be longer of 200 words. If necessary, the Employer may directly request the other party to verify the authenticity of the certificate.
- The minimum condition is an average of 4.000.000,00 EUR (equivalent in HRK) of successfully completed and submitted works at hybrid pitches in the last 3 (three) years, counting from the opening day of the bidding.
- It is necessary for the main contractor to have experience in building at least at 6 (six) projects of the same nature and complexity over the past 3 (three) years.
18.2. Qualified staff
The minimum level of the technical and professional abilities:
With regard to the subject of procurement, the bidder must prove that he will use the services of the following experts who will be engaged in the implementation of the subject of procurement:
- 1 project manager (architect or civil engineer)
The project manager must be an engineer of architecture or civil engineer, with five years of experience in the construction of min. five football pitches with hybrid grass, drainage, irrigation and heating systems.
- min. of 3 work managers (architect or civil engineer)
The work manager must be an enginieer of architecture or construction engineer or an architect technician or construction technician with three years of experience in the construction of at least three football pitches with hybrid grass, drainage, irrigation and heating systems.
- min. 1 manager of the heating installation works (mechanical engineering).
12/34
The manager of the heating installation works at the pitch needs to be min. a mechanical technician with three years of experience in construction, at least at three football fields with hybrid grass with a pitch the heating system.
Note: The experience must be proven with a CV, signed by the employee himself.
Change of expert staff:
In the case that the selected bidder wishes to change the expert staff he already had nominated in his tender, he needs a consent of the Investor. Further, he needs to state all the details on those staff members he intends to include into the works listed in the Contract. Those members must meet all the conditions necessary for the expert staff listed in this Tender Documentation.
The economic operator may rely on the technical ability of other entities, regardless of the legal nature of their mutual relationship. In this case, an economic operator must prove to the Investor that he will have the resources available, which are necessary to execute the contract. For example to bind other entities/operators to make their resources available to the economic operator.
Under the same conditions, the bid community may rely on the ability of members of the community of bidders or other entities. It is not possible to rely on other economic entities to prove their professional ability and which are not already offered as members of the community of bidders or contractors.
Under the same conditions, a bid community may rely on the ability of its members or other entities. It is not possible to rely on the sources of other economic operators to prove the own professional ability; this referres to those economic operators, who have not aready been determined in the bid as members of the community of bidders or subcontractors.
18.3 List of construction machinery and equipment to be used in the works
A complete list of construction machinery and equipment that the bidder plans to engage in the works listed in the Contract is required.
The list of construction machinery and equipment shall contain the exact producer name with the most important technical specifications of the construction machinery.
18.4 Statement of acceptance of all terms of the tender documents
In his bid, the bidder shall submit a certified Statement on the acceptance of the terms in the original version signed and verified by the person authorized to represent the economic operator.
By this statement, the bidders confirm that they have read and studied all of the provisions of this Call with all the included attachments, that they are acquainted with them and that they have fully understood and accepted them.
All documents requested by the Investor in accordance with Part B of this Call B CRITERIA FOR THE SELECTION OF AN ECONOMIC OPERATOR (CONDITIONS OF THE BIDDER’S CAPACITY), the bidders may submit in the form of an uncertified copy, which is an uncertified print of an electronic document.
13/34
After ranking the bid according to the selection criterion, but prior to making a decision on the selection, the Investor may request the most favourable bidder, he intends to conclude a works contract with, to submit the original document or a certified copy of all the necessary documents (certificates, confirmations, documents, authorizations, etc.) to be issued by the competent authorities. If the bidder has submitted the documents in the original or in the form of a certified copy, he or she shall not be required to submit them again.
The original documents or the certified copies do not have to correspond with the previously uncertified copies of documents, such as the date of issuing, but the economic operator shall prove that she/he still meets the conditions set by the Investor in this Call.
If the best bidder does not submit all the required originals or certified copies of the document within the stipulated period and/or does not prove that he still meets all the conditions set by the Investor, the Investor will exclude such bidder or reject his bid. In this case, the Investor will repeat the ranking of the bid according to the selection criterion without taking into consideration the bid of the bidder he had preveiously excluded and refused, and invite the new best bidder to submit the requested documents.
19. Group of Bidders
Bidders are allowed to submit bids within a group of bidders. The offer of a group of bidders must also include a Letter of Intent or a joint venture agreement; in the case that the bid is selected, the group shall provide a bid signed by all the members of the group of bidders. The bidding must be binding to all members of the group of bidders and it must be clearly and unambiguously stated that all members of the group of bidders are jointly and individually liable for the work performance under the terms of this Call. It shall be visible from the contract between all members of the group of bidders who is the leading partner of the members of the group of bidders. In the case that the group of bidders is selected, the mutual agreement between all members of the group shall form an integral part of the Works Contract.
The leading partner must have the approval of the other members of the group of bidders. which entitles him to settle the obligations on their behalf and receive instructions on behalf and for the account of any partner in the joint venture. The execution of the entire contract, the communication, the payment and other matters is done exclusively with the nominated leading partner.
A bidder who has independently submitted a tender shall not participate at the same time as a member in the bidder's community, ie one bidder may participate only in one group of bidders.
If the bid is submitted by a group of bidders, each member of the group of bidders must meet the term and criteria set out in this Call, under Item B - Criteria for the selection of an economic operator (conditions of the bidder's capability), subsection: certificate of good conduct, legal and business capacity of the bidder, financial capacity.
Regarding the technical capability of the bidder, the group of bidders can rely on their overall and common capacity of all the members of the group of bidders.
A member of the group of bidders may not be a member of the group of another bidder without a written consent of the Employer. The group of bidders shall submit a statement which says that the members of the group of bidders are solely members of that group of bidders.
14/34
20. Subcontractors
If a tenderer intends to award a part of the procurement contract to one subcontractor or to several subcontractors as part of a subcontract, he shall specify the subject matter or the amount, as well as the value of the subcontract or the percentage of the works contract awarded in the subcontract.
If a bid is submitted by a bidder together with his subcontractors, each subcontractor must meet the terms and the criteria set out in this Call under Item B Criteria for the selection of an economic operator (conditions of the bidder's capability), subsection: certificate of good conduct, legal and business capacity of the bidder, financial capacity.
For the technical capacity of the bidder, the bidder may rely on the subcontractors.
The participation of subcontractors does not affect the responsibility of the bidder for the execution of the works contract.
During the execution of the Works Contract, the Contractor may require the Employer to allow him to change the subcontractors for that part of the contract that he had previously given to the subcontractor, provided that the bidder receives a confirmation from the Employer on the proposed change of the subcontractors.
In the case that certain subcontractors have to be replaced or that one or more new subcontractors have to be introduced, the selected bidder must submit data for the new subcontractor who shall submit evidence for his capacities specified in point B Criteria for the selection of an economic operator (conditions of the bidder's capability), subsection: certificate of good conduct, legal and business capacity of the bidder, financial capacity.
The subcontractor of a bidder may not be the subcontractor of another bidder without a written consent of the Employer. The contractor and the subcontractor undertake to submit a statement that the subcontractor in question is solely the subcontractor of this bidder.
C INFORMATION ON THE BID
21. METHOD OF DELIVERING DOCUMENTS COMMON TO A NUMBER OF PROCUREMENET SUBJECT GROUPS
The Bidder must submit the bid for ALL procurement subject groups, according to the terms from this Invitation.
The Bidder shall deliver the bid separately for each group while the proofs of bidder’s capacity and other proofs required in the Tender dossier can be submitted in each bid for the group or in one of the bids, while in others he shall submit the statement in which he states in which bid the relative capacity proofs can be found.
22. WITHDRAWAL, SUBSTITUTON AND MODIFICATON OF BIDS
The Bidders may withdraw, substitute or modify their bids in such a way as to provide a written notice prior to the expiration of the delivery deadline.
Any notice of withdrawal, substitution or modification of the bidder must be prepared, sealed, marked and delivered in accordance with the terms of this Call, in an envelope that is
15/34
additionally and appropriately marked with the heading “WITHDRAWAL”, “SUBSTITUTION” or “MODIFICATION”.
The bid can not be substituted or modified after the deadline for submission of bids.
The Bidders may offer discounts or otherwise modify the prices in their bids in such a way as to make modifications to the offer in accordance with this provision or included in the initial bidding.
23 THE CONTENT AND METHOD OF BID PREPARATION
The Bidder must prepare one original of the bid documentation.
The original of the bid must be typed or written in indelible ink and signed by the person or persons authorized to sign on behalf of the bidder. All submissions, on which the modifications or additions have been entered, must be signed by the person or persons signing the offer.
The offer may not contain any modifications or additions other than those that are in accordance with the Employer’s instructions or which were necessary to correct the mistakes made by the bidder, in which case such corrections are signed by the person or persons signing the offer
The content and method of bid preparation
a) the offer must be made in the form specified in this Call;
b) the bid must be made in paper form, printed or written in indelible ink;
c) the bid pages are marked by the page number through the total number of bid pages;
d) the bid must be tied to a whole using the guarantee band with a seal on the back;
e) corrections in the offer must be made in such a was as to be visible or demonstrable;
f) corrections must be confirmed by a valid signature and stamp of the authorized person of the economic operator, quoting the correction date;
g) the Bidder is obliged to identify parts of the offer which he considers as secret; unit prices, the amounts of an item, the bid price and the bid information regarding the criteria for selecting the most economically advantageous tender can not be considered as secret parts;
h) the guarantee for the seriousness of the offer – the bank guarantee (placed in transparent plastic foil, which is bound to the whole with other documentation);
i) the list and the certificate of properly completed contracts.
Content and order of binding the bidding:
1. Bid form – filled in and signed by the bidder’s authorized signatory, certified by the seal (Annex I),
2. Declaration of no criminal record (Annex II),
3. Declaration on the acceptance of all conditions (Annex III),
4. Declaration on the insolvency proceedings (Annex IV),
5. Bill of quantities (Annex VI),
6. The document on entry into the business, court (commercial), professional, craft or other appropriate register,
16/34
7. Tax Administration certificate on the status of debt – proof of the regular fulfilment of the due tax liabilities and pension and health insurance obligations,
8. Guarantee for the seriousness of the bid – bank guarantee,
9. The list and the certificate of properly completed contracts,
10. CD or DVD media with filled bill of quantity in table view (excel),
11. Filled bill of quantities in table view,
12. All other conditions required by documentation.
24. BID PRICE
The bidder shall submit a single bid with price denominated in EUR for each group of procurement items.
The all work costs are included in the unit prices (including any night work or overtime work, holidays and/or weekends), materials, machine work, transportation, increased costs for excessive use of roads, taxes, salaries, profit, overheads, insurance, testing and certification of quality, preparatory works, land use for the construction of a construction site and all other expenses of the contractor to complete the works to the full functionality of all works.
The bid price for each group of procurement items is the bid price with value added tax and it is included in the bid list.
Unit prices are fixed and invariable throughout the term of the contract.
The bidder must quote unit prices of all work items described in the bill of quantity. The items, for which the bidder does not include price, will not be paid by the Employer upon finalization of the works. Thus, it will be considered that such items are covered by prices in the bill of quantity.
25. BID CURRENCY
The unit prices and total prices quoted by the Bidder must be denominated in euro (EUR).
26. BID VALIDITY PERIOD
The tender submitted by the Bidder to the Employer shall be binding for the Bidder during 90 days from the date of submission of the bid, i.e. until the expiry of any later postponed deadline confirmed by a written response.
The tender validity period may not be shorter than 90 from the date of submission.
27. BIDDING COSTS
The bidder shall bear all costs related to the preparation and submission of the Bid and the Employer shall in no case be liable or sued for such costs.
28. BID LANGUAGE
The offer is made in Croatian and/or English language and Latin script. All other documentation accompanying the bid must be in Croatian and/or English language. Exceptionally, part of the accompanying documentation may be in another language, but in this case the translation of the authorized interpreter for the language from which the translation is made is also compulsory.
17/34
29. METHOD OF BID SUBMISSION
The Bidder shall submit the bid for all groups of the procurement items, in accordance with this Call. The bidders must mark the closed envelope with evidence number of the Call for proposal 02/2018.
The bidder is bidding simultaneously for all groups of the procurement items. The bid forms (Annex I) and Bills of quantities (Annex VI) as well as any other documentation shall be submitted in a single closed envelope.
The envelope must indicate the name and address of the bidder so that the bid could be sent unopened back to the bidder if it was received after the deadline for submission of bids.
If the envelope is not sealed and marked as mentioned above, the Employer will not be liable for the misplacement of the offer or the early opening of the bid.
30. BID SELECTION CRITERIA
The Employer hereby states that at anytime he may waive his Call for proposal, that he has no obligation to choose any of the bids received and that at any time (until the conclusion of the contract with the selected bidder) may withdraw from his call without any obligation to reimburse the bidders.
The notice of their decision will be submitted by the Employer to the bidders. Notwithstanding the foregoing and in the case of making a decision on selection – the criterion for the selection of the tender is the most economically advantageous tender.
Upon the decision on the selection, the selected bidder is obliged to conclude and sign the procurement contract with the Employer.
One acceptable bid for a particular group of procurement items is sufficient for selection.
For the selection of eligible bids, each group that is the subject of this procurement will be valued separately, according to the following criterion:
:
Criterion Mark Maximum relative
importance
The highest number of points
1) Bid price C 60 % 60
2) Pitch maintenance cost – 5 years
T 30 % 30
3) Guarantee period J 10 % 10
TOTAL 100
The procedure for calculating the most economically advantageous tender based on which the bidders’ ranking will be ranked is as follows:
ENP = C + T + J
where: ENP = economically most advantageous tender C = number of points for price criterion T = number of points for pitch maintenance cost – 1 year J = number of points for guarantee period and manner of pitch maintenance
18/34
30.1. Bid price
The number of points that bid will receive for criterion 1 – BID PRICE amounts to a maximum of 60 points, maximum number of points for criterion 1 - BID PRICE is 60 points, while the height of the total value of bid will be used as criterion. The bid, which offers the lowest total price compared to other bids, gets the most points.
The Employer will valuate the bids by the criterion of the Bid Price up to 60 points, so that the lowest bid with the lowest price will get the highest score, and each next in relation to the previous relatively smaller number of points, according to the following equation:
C = NCP/CP x 60 where: C – number of points according to the price criterion, NCP = lowest bid price CP = bid price
30.2. Pitch maintenance cost – 5 years
The number of points that bid will receive for criterion 2 – PITCH MAINTENANCE COST – 5 years amounts to a maximum of 30 points, while the height of the pitch maintenance total costs during five calendar years will be used as criterion. The bid which offers the lowest total operative costs compared to other bids gets the most points.
The Employer will valuate the bids by the criterion of the Pitch maintenance cost – 5 years up to 30 points, so that the lowest bid according the total maintenance costs will get the highest score, and each next in relation to the previous one relatively smaller number of points, according to the following equation:
T = NUTO/UTO x 30 where: T = number of points according to the pitch maintenance cost – 5 years criterion NUTO = the lowest total pitch maintenance cost – 5 years UTO = total pitch maintenance cost – 5 years, considered bids.
The bidders are obliged to draw up a calculation of the cost of regular pitch maintenance, which must include complete costs that shall include:
- work force necessary for pitch maintenance (to be defined in numbers and staff wise), with weekly, monthly and annual maintenance hours
- list the machines and equipment needed to maintain the pitch, the pitch maintenance costs including the fuel costs
- overview of raw material costs for pitch maintenance
- overview of energy power source costs – gas for pitch heating needs
- overview of pitch irrigation water costs - other unspecified costs, i.e. costs which were not quoted in this Call, but the bidder has knowledge about them since they are connected with the pitch system offered by him within his submitted bid. The maintenance costs must be presented in transparent and unambiguous manner. The costs must contain the price analysis for each individual item, i.e. model used to establish the particular cost value.
19/34
The bidder is required to lay down transparent and unambiguous conditions, procedures and actions for regular maintenance of the pitch, which are the obligation of the user/Employer upon completion of the works as well as the procedures and actions to be carried out during the service of the pitch – periodic maintenance. The bidder undertakes to prepare the daily, weekly, monthly and annual pitch maintenance plan, i.e. maintenance plan for the full guarantee period, taking into consideration micro-climate conditions, weather conditions, amount and type of pitch usage, type of irrigation system, type of pitch heating system, number of matches played. The maintenance plan must comprise the use of liquid and mineral fertilizers, instructions for fungicide usage and all other issues necessary for pitch maintenance in the top quality. The Bidder’s responsible officer must exactly determine the manner and quantity of upper layer maintenance to be included in the maintenance programme.
The Bidder will appoint the expert for technical support during the guarantee period for maintaining the hybrid grass. During the guarantee period the Bidder’s technical expert is expected to be available, i.e. to provide answer/answers and solutions for questions posed, i.e. subject problems on the pitch itself within 24 hours.
If the problem of the pitch is more complex and the solution can not be given without notice on the ground, the Bidder is urgently required to come to the site. Emergency exit on site is considered as assessment of the risks to be considered after the inquiries, the user’s concerns and it falls within obligations of the Bidder. The costs of going out to the site and inspection shall be borne by the party responsible for the resulting anomaly and the resulting disadvantage.
Within the condition of pitch maintenance, the Bidder is obliged to prescribe the number of visits to the hybrid grass location within 12 months and to indicate the activities to be carried out in the monitoring.
Regular maintenance costs should be shown separately for each set of biddings or for each football pitch. The regular maintenance costs should be calculated on the basis of the following input data: - micro-climate conditions for each city/football pitch location, - pitch use during the whole year - pitch use based on the number of matches played:
Group A) Reconstruction and installation of hybrid grass in Zaprešić, FC Inter stadium – 60 matches
Group B) Reconstruction and installation of hybrid grass in Pula, Aldo Drosina stadium - 60 matches
Group C) Reconstruction and installation of hybrid grass in Koprivnica FC Slaven Belupo stadium – 70 matches
Group D) Reconstruction and installation of hybrid grass in Zagreb Maksimir stadium – 40 matches
Group E) Reconstruction and installation of hybrid grass in Zagreb Kranjčevićeva stadium– 65 matches
Group F) Reconstruction and installation of hybrid grass in Vinkovci FC Cibalia stadium – 50 matches
20/34
If the Employer during the maintenance period determines that actual maintenance costs, individually for each year, deviate and increase the anticipated amount of pitch maintenance by more than 20%, the Employer is entitled to the right to charge the maintenance cost difference from the contractor during the entire warranty period for each year, for the entire amount for which the actual maintenance costs exceed the estimated value of maintenance costs.
The Employer has the right to charge the above difference in the maintenance price only if the Employer fully complied with the prescribed Pitch maintenance instructions stipulated by the Bidder.
In the description of the works to be carried out during the pitch maintenance in the warranty period, it is necessary to provide concise but specific information on the exact types of works/goods/services with results that will be direct result of the performance of the members performing the maintenance within the warranty period. It is necessary to specify the time period offered for the warranty period. The bid must be formulated in such a was as to enable the Employer to objectively and unambiguously confirm and compare the relevance of the proposed method and maintenance prices with the duration of the same and examples given the proposed solution. General or inaccurate information should not be entered. Use full sentences, use only lists or listings. In the proposal it is mandatory to specify the exact structure and required engagement of employees, machines and equipment that will be required to be used during the maintenance as well as their frequency.
30.3. Warranty period
The number of points that bid will receive for criterion 3 – WARRANTY PERIOD amounts to a maximum of 10 points. The offered warranty period is offered in such a way as to provide the written proposal for a warranty period with the included actions that the bidder commits during the warranty period: the warranty period may not be shorter than 5 years.
The Employer will valuate the bids by the criterion of the Warranty period up to maximum 10 points, so that the points will be attributed to the bids according to the rank place as described in the table below:
Warranty period and pitch maintenance Number of points
1. Rank 10 points
2. Rank 7 points
3. Rank 4 points
4. Rank 1 point
5. Rank and each one ranked below 0 points
21/34
D MODEL OF CONTRACT, BILLING AND PAYMENT METHOD
31. MODEL OF CONTRACT
The total bid price or the future contracted price from the submitted bid is fixed and unchanged, and covers the value of all unforeseen and surplus works (“turn key”).
The Contractor waives the right to request a price increase for any reason, including any change in the cost of materials, equipment, services and the like.
The offered price covers all labour costs (including any night work or overtime, holiday and/or weekend holidays), material accosts, labour force, transportation, machine operation, road use costs as well as costs of overuse of traffic, fees, public areas occupation, taxes, salaries, overheads, insurances, testing and proof of material quality and works performed, all transfers within the site and buildings, scaffolding, land use for site construction, on-site cleaning and after completion of works, as well as all other expenses of the Contractor in the course of performance of contracted works up to the full functionality of all performed works.
Contracted price includes all preparatory works, site construction, building of site office (for building site management), entire material, reception and storage of construction materials and equipment.
32. BILLING AND PAYMENT METHOD
On the site, the programme and progress record will be kept for controlling the monthly performed quantities, to be verified by the contractor’s representative and Supervising engineer. It will be the basis for calculating the work performed and the issue of monthly phase reports, while the contracting parties explicitly establish that the total price stated in the offer is fixed, unchangeable by the “turnkey” system until the full functionality, meaning that it covers the value of all contingencies and surplus works, excluding the impact and/or possibility of a shortage of works on the contracted price. The “turnkey” rule means that no deviation in the final value (price) of works from the offered/contracted price of works is allowed.
The contracting parties agree that payment of the contracted works shall be made on the basis of provisional, monthly and finalizes phases, verified by the Employer, in favour of the giro account of the Contractor.
Each page of the programme and progress record (daily building progress record) must be accompanied by the calculation drawing (graphic attachment) and a proof of the measures; otherwise the subject item, programme and progress record sheet will be considered as a controversial part of the same item and the amount can not be calculated and invoiced.
At the request of the supervising engineer, the Contractor is obliged to complete the supplementation of billing documentation, i.e. the programme and progress record.
An integral part of the programme and progress record, billing documentation for individual elements, parts of the building and certain elements of equipment and equipment that are not visible or accessible in terms of measurement and control due to the performance of the works which follow in the technological sequence of works have to be photo documented (photo documentation produced) by the Contractor, who has to submit them as a part of the programme and progress record on the basis of issuing temporary and final phase reports. Photo documentation which make integral part of the control payment certificate (calculation of works) is made in paper form and on CD/DVD media.
22/34
The Contractor undertakes that, upon the invitation of the Employer, other than contracted, will perform additional works not covered by the contract Bill of quantities and/or Project.
The contracting parties undertake to determine in writing the prices of works and deadlines before the performance of such additional works.
The Contractor undertakes to execute all additional works not covered by the contract bill of quantities or project documentation within the term envisaged for completion of the total works.
For any additional work not foreseen and included in the Bid/Contract and/or the Project documentation, the price will be determined according to the corresponding unit prices from the Bill of quantities, and for the works for which the unit price in the Bill of quantities is not determined, the Contractor is obliged to present the price analysis to be made on the basis of unit prices from the bill of quantities, which forms an integral part of the Contract, average building standards and market prices of materials, fco building site.
32.1. Additional works (subsequent work):
These are works that are not foreseen by the Bill of Quantities, and are not necessary to be executed for the functioning of the building. The Contractor shall perform any additional work after he receives a written approval of the Employer.
The works performed in this way must be entered into the daily building progress record.
If the work has been carried out without the Employer's prior consent, it will be charged to the contractor and will be carried out at his own risk.
32.2. Temporary work/construction phase report:
The temporary work/construction phase report will be filed for payment after the works have been completed in the previous month and submitted to the Employer by the 5th (fifth) of the month for the works performed in the previous month in 4 (four) copies.
Within 10 (ten) days from the receipt of the temporary work phase report the expert supervisor shall review and certify that undisputed amount according to the temporary work phase report to be submitted and delivered to the Employer who is obliged to verify and pay the undisputed part within 30 (thirty) days from day of receipt of temporary work phase report submitted by the expert supervisor.
Each temporary monthly work phase report is invoiced and charged with 100% up to a maximum of 90% of the contract value.
32.3. The final construction/work phase report:
The final calculation of the completed works follows after the successful handover of the works, based on the Certified Minutes of Delivery of Works between the authorized representatives of the Employer and the Contractor, and on the basis of the final calculation report which is a prerequisite for the issuing of the completed work/construction phase report.
In order to successfully handover the works, which is a prerequisite, the Contractor has to eliminate all visible deficiencies, to submit the complete technical documentation including the contractor's performance statement and construction maintannce conditions, the completed training of the Beneficiary/Employer, as well as the submission of a bank guarantee to remedy the deficiencies during the guarantee period.
23/34
The Contractor is obliged to compile and submit the completed work phase report to the Employer at the latest within 7 (seven) days of the final calculation.
Within 7 (seven) days from the date of receipt of the final work phase report, the expert supervisor shall review and certify the report and submit the undisputed amount to the Employer. The Employer will verify the report on the completed work phase and the payment of the undisputed part within 30 (thirty) days from the day of receipt of the completed work phase report by the expert supervisor, where the amount which has to be paid according to the work phases, including the final phase, may not exceed the in total offered/contracted amount, except in the part that refers to any subsequent (additional) works requested by the Employer.
E GUARANTEES
33. GUARANTEE FOR THE SERIOUSNESS OF THE BID
The bidder shall submit one bail bond guarantee for the seriousness of his bid in the form of a bank guarantee payable at the first call from a first class bank in the amount of 5% (VAT included) from the total bid amount valid until the expiry of the validity of the bid. The bid guarantee must be on "first call" and "no objection".
The Employer will charge the guarantee for the seriousness of the bid in case the bidder should withdraw his bid within the period of its validity, in case that he delivered false information, in case of lack of original or certified copies in accordance with this Call, in case that he refuses to sign the work contract or in case of lack of warranty for the orderly fulfillment of the contract.
The bid's guarantee for the seriousness of the bid must be delivered in the original form.
The original must be delivered in a sealed plastic foil and it becomes an integral part of the bid tied together.
The guarantee must not be damaged in any way (holes, joining, etc.). The plastic foil must be marked on the outside with the number of pages in the same way as all the pages of the bid.
If the guarantee for the seriousness of the bid will not be charged, the Employer will return it to the bidder immediately upon the completion of the bidding procedure.
34. GUARANTEE FOR AN ORDERLY FULFILLMENT OF THE CONTRACT
The guarantee for an orderly fulfilment of the contract, in the form of a bank guarantee, in the amount of 15% of the total value of the contract, is delivered only by the selected bidder for the selected group of procurement subject (or one guarantee for both groups of the procurement subject).
The guarantee for performance of the works contract shall be submitted within 7 (seven) days from the date of signature of the contract, with a validity period of at least 30 days after the expiry of the works contract. The guarantee for the performance of the works contract will be charged at the "first call" and "without objection" in the case of non-fulfillment of one or more provisions of the works contract as well as in case of non-fulfillment of one or more regulations under the Act on Spatial Planning (Official Gazette 20/17, Official Gazette 153/13), the Construction Act (Official Gazette 20/17 and 153/13), the Mandatory Obligations Act (Official Gazette 35/05; 41/08 and 125/11) and all the other applicable laws and regulations.
24/34
If the Contractor fails to submit to the Employer the specified security, the Employer may, in its sole discretion, retain a cash deposit of 15% gross amount of the due amount, from any temporary construction/works phase as a guarantee for the quality of the works and in order to remedy the deficiencies during the execution of the works, until she/he receives the works and verifies the final phases of construction/works.
The Employer has the right to use the aforementioned guarantee for orderly fulfilled works in order to charge any claim she/he may have under this Contract towards the contractor, including damages claims.
35. GUARANTEE FOR THE REMEDY OF DEFICIENCIES WITHIN THE TERM OF GUARANTEE
The selected bidder is required to submit a guarantee for the remedy of deficiencies within the term of guarantee in the form of a bank guarantee, in the amount of 10% of the total value of the completed works.
The guarantee for the remedy of deficiencies within the term of guarantee shall be handed over at the time of handover of the works and the drawing up of the final calculation of the completed works, with a validity period of at least 60 months from the date of handover. The guarantee for the remedy of deficiencies within the term of guarantee will be charged at the "first call" and "no objection" in case of non-fulfillment of the obligations stipulated in this Call, signed work contract or violation of the Mandatory Obligations Act.
A prerequisite for a successful handing over of the works and a successful completion of the final calculation is the submitted guarantee for the remedy of deficiencies.
If the Contractor fails to submit to the Employer the specified security, the Employer may, in its sole discretion, retain a cash deposit of 10% gross amount of the due amount, from any completed construction/works phase as a guarantee for the quality of the works and in order to remedy the deficiencies in the guarantee period, until the delivery of the insurance instrument as defined in this Article.
The Employer has the right to use the aforementioned guarantee for orderly fulfilled works in order to charge any claim she/he may have under this Contract towards the contractor, including damages claims.
F REVIEW AND EVALUATION OF THE BID, DECISION ON THE AWARD
36. CLARIFICATION OF BIDS
In order for the Employer to help in answering inquiries, evaluations and comparisons of the bids, the Employer may ask the bidder to clarify her/his bid in terms of providing information or documentation that the bidders are supposed to submit to the Employer, if these documents or information is incomplete or incorrect, or if they seem to be so, or if certain documents are missing. In that case, the Employer may require the concerned bidders to supplement, clarify, complete or provide the necessary information or documentation within a reasonable time limit of not less than five days. The clarification and response request must be submitted in writing but it will not be required, offered, or allowed to change the price or the essence of the bid, unless it is necessary for the confirmation of arithmetic errors corrected by the Employer during the evaluation of the bid. The Employer will check the calculation accuracy of the bid. In the event of a calculation error, the Emloyer will require the bidder to agree to the corrected errors.
25/34
37. REASONS TO REJECT A BID
On the basis of the results of the review and the evaluation of the bids, the Employer will reject
a bid submitted by a bidder who has not proven his capacity in accordance with the documentation,
a bid that is not complete,
a bid that is contrary to the provisions of the documentation,
a bid where the price is not expressed in the absolute amount,
a bid containing errors, deficiencies or ambiguities, if the errors, deficiencies or ambiguities are not removable,
a bid where despite the clarification or amendment, the error, lack or ambiguity was not removed,
a bid that does not meet the requirements related to the properties of the procurement subject and thus does not meet the requirements of the documentation,
an alternative bid that does not meet the minimum requirements,
a bid submitted by a bidder who has submitted two or more bids where the bidder is a member of a bidding consortium, except in the case of submitting an alternative bid if it is allowed,
a bid containing harmful terms,
a bid for which the Employer has justified doubts that it is not the result of a competition,
a bid of an uninvited economic operator.
38. PROCEDURE ON THE SELECTION DECISION OR THE CANCELLATION DECISION
Within 16 (sixteen) days from the date of expiry of the deadline for the submission of bids, the Employer shall, on the basis of the results of the review and evaluation of the bids, select a bid according to the criterion for the selection of bids or if there are reasons to cancel the procurement procedure, the Employer will pass a decision on cancellation.
In the case that two or more valid bids are ranked equally according to the bid selection criteria, the Employer will select the bid he had received earlier.
The Employer shall submit the selection decision or the cancellation decision to each bidder by electronic means (e-mail).
With his selection decision, the Employer can correct errors in names or numbers, writing or in calculations and other obvious inaccuracies. The error correction produces a legal effect from the day it produces the legal effect of the selection decision being corrected.
On the basis of the results of the review and evaluation the Employer may refuse:
a delayed bid,
a bid for which the bidder has not accepted in writing the correction of the calculation error,
26/34
a bid containing harmful terms,
a bid by a bidder who did not provide the requested explanation within the set deadline or his explanation is not acceptable to the Employer,
a bid the Employer consideres to be not the result of a market competition,
The Employer hereby states that at any time he may waive his call for bid submission, that he has no obligation to select any of the bids received and that at any time (until he concludes a contract with the selected bidder) he may withdraw from this call without any obligation to reimburse the bidders for their costs and/or damages.
If the Employer will not receive any acceptable bid within the set deadline and/or if the Employer for any reason renounces this procurement procedure, he will pass a decision on cancellation.
Insight into the beids of other bidders will not be permitted.
There is no possibility of appeal against the selected bid or the cancellation decision.
G OHER PROVISIONS
39. DATE, TIME AND PLACE OF BID SUBMISSION AND OPENING OF THE BIDS
The bids are submitted directly to the Employer’s administrative office or by mail with a registered postmark to the Employer's address, in a sealed envelope with the name and the address of the Employer and the name and the address of the bidder. There must be the address and the tag with the following contents on the outer cover:
HRVATSKI NOGOMETNI SAVEZ
Ulica grada Vukovara 269a - 10000 Zagreb
DO NOT OPEN – referral number for the submission of the bid: 02/2018-HNS
Regardless of the manner of delivery, the bid must be delivered and received no later than 20 March 2018 until 12:00 o'clock.
The opening of the bids will be held on March 20, 2018, until 16:00, in the premises of the Employer, at the following address:
HRVATSKI NOGOMETNI SAVEZ
Ulica grada Vukovara 269a - 10000 Zagreb
27/34
The Employer may extend the deadline for submitting the bids by making alterations in which case all the rights and obligations of the Employer and the bidder which were previously restricted within the original deadline are now subject to a new deadline.
40. OPENING OF THE BIDS
The bids are being opened according to the order of receipt in the Employer’s administration office.
For every open bid it is ascertained whether it is signed, and it is read aloud as follows:
Name and seat of the bidder,
– Name of the group of subjects of procurement and price for each group of subjects of procurement without VAT and price of the bid with VAT.
After the opening of the bids, Minutes are being taken on the opening of bids for the needs of the Employer.
41. SITE VISIT - TO THE LOCATION WHERE THE WORKS WILL TAKE PLACE
The bidders are invited to visit and examine the location where the works will take place at their own responsibility and risk, as well the environment of the same, and acquire all necessary information needed to prepare the bid and conclude the contract for the execution of works. The expenses of the visit to the location shall be borne by the bidder.
42. CONFIDENTIALITY OF DATA
Information relating to inquiries, clarifications, review and appraisal of the bids and recommendation for the award of the contract shall not be revealed to the bidders or any other persons who are not officially included in the process until it is revealed to which bidder the works are awarded. Attempts by any bidder to influence the Employer and his analysis of the bids or taking the decision on the award of the works can result in the rejection of such a bidder. Irrespective of the above, if any of the bidders from the moment of opening of the bids until the awarding of the contract wish to contact the Employer on any issue related to the procedure of submission of bids, this should be done in writing.
43. OTHER ESSENTIAL CONDITIONS FOR THE EXECUTION OF THE CONTRACT
The Employer will sign a Contract on the execution of works with the chosen Bidder / Bidders for every group of works individually, upon the finalization of the Decision on award.
If the chosen Bidder refuses to sign the contract on the execution of the works, i.e. if he does not submit the bank guarantee for the orderly fulfilment of the contract, the Employer shall again rank the bids for this group of procurement subjects, according to the criteria for the choice of the bid, not taking into account the bid of the chosen bidder, and take the decision on a new best valid bid, or if there exist the reasons for doing so, annul the procedure of procurement for a specific group of subjects of procurement.
28/34
H ANNEXES
29/34
ANNEX I
TENDER FORM
Subject of procurement: renovation of six football pitches with hybrid grass in Croatia on the following stadiums: Zaprešić, Pula, Koprivnica, Zagreb Maksimir, Zagreb Kranjčevićeva and Vinkovci.
Bid No: ______________ Date of the bid: _______________ Fort he group _______________
Name and seat oft he bidder or group of bidders
OIB Business account
Address
Telephone Fax
Name, family name and function of the person (s) authorized for signing the contract
Name, family name and function of the person for contact
Having studied the Tender documentation of the Employer, The Croatian Football Federation, we offer the renovation of six football pitches with hybrid grass in Croatia on the stadiums: Zaprešić, Pula, Koprivnica, Zagreb Maksimir, Zagreb Kranjčevićeva and Vinkovci, in accordance with the conditions from the Tender documentation at a price calculated in the prescribed manner in the amount of:
Price of bid without VAT (in EUR) kn
VAT (in EUR) kn
Total price of bid (in EUR) kn
in accordance with all the conditions from the Tender documentation.
Option of the bid: 90 days since the date of the last deadline for the submission of bids. Name, family name and function of the authorized person of the bidder: _________________ Signature of the authorized person of the bidder: ________________ Seal
30/34
Supplement to Tender Form
a. Information on the key partner of a group of bidders1
Name and seat of the key partner of the group of bidders
OIB2 Business account
Address
Phone Fax
E‐mail
Name and family name of the person(s) authorized for signing the contract
Name, family name and function of the person
for contact
Signature of the authorized person of the key partner of the group of bidders_________________
Seal
b) Information on the members of the group of bidders3
Name and seat of a member of the group of bidders
OIB4 Business account
Address
Phone Fax
E‐mail
Name and family name of the person(s) authorized for signing the contract
Name, family name and function of the person for contact
Signature of the authorized person of the key partner of a group of bidders________________ Seal
1 Attached to the bid are information about the key partner of a group of bidders
2 Or the national identification number according to the country of the economic operator, if applicable
3 Several forms may be attached to the bid, depending on the number of members of a group of bidders
4 Or the national identification number according to the country of the economic operator, if applicable
31/34
ANNEX II
STATEMENT OF IMPUNITY
I, ___________________________________ (Name and family name) from
______________________________ state that I was not sentenced with a final sentence for
any of the following criminal acts, i.e. for corresponding criminal acts according to the laws
of the country – seat of the economic operator or state whose national the authorized person
for representing the economic operator is: fraud, fraud in economic operations, accepting of
bribe in economic operations, giving of bribe in economic operations, misuse in the public
procurement procdure, tax or customs duty evasion, subvention fraud, money laundering,
misuse of position and authority, illegal favouring, acceptance of bribe, giving of bribe,
trading with influence, criminal associating or committing of a criminal act within a criminal
group from the Penal code, i.e. for the following criminal acts: fraud, money laundering, fraud
in economic operations, accepting bribe in economic operations, giving bribe in economic
operations, associating with the aim of commiting criminal acts, misuse of position and
authority, misuse in the discharging of duty within a state government, illegal mediation,
accepting bribe or giving bribe according to the Penal code (Official Gazette NN 110/97.,
27/98., 50/00., 129/00., 51/01., 111/03., 190/03., 105/04., 84/05., 71/06., 110/07., 152/08.,
57/11., 77/11. and 143/12.).
I am making this statement personally, for myself as a person authorized by law for
representing the economic entity__________________________________________
________________________________________________________ (company) having seat
in ________________________and for the economic entity.
In _____________, date and year.
FOR THE BIDDER: (NAME AND FAMILY NAME, and signature of the authorized person)
Seal ___________________________
32/34
ANNEX III
STATEMENT ON ACCEPTANCE OF THE CONDITIONS
Bidder (Name and address): Bidder’s responsible person (Name, family name and function):____________________ Pursuant to the conditions of the Invitation to tender of the Employer, the Croatian Football Federation, we offer the renovation of six football pitches with hybrid grass in Croatia, on the stadiums: Zaprešić, Pula, Koprivnica, Zagreb Maksimir, Zagreb Kranjčevićeva and Vinkovci for the Employer Croatian Football Federation and we confirm the facts as follows:
1. We fully understood all the contents of the Invitation to tender, procurement No. 02/2018,
2. We inspected the attached project documentation with appropriate bill of quantities and have no objection to it
3. We accept all conditions related to the evaluation of the bid, signing of the contract, execution of the works and means and time frame of the payment of the executed works.
In _____________, date and year
FOR THE BIDDER: (NAME AND FAMILY NAME, and signature of the authorized person)
Seal ___________________________
33/34
ANNEX IV
STATEMENT ON BANKRUPTCY PROCEDURE, LIQUIDATION AND CESSATION OF ACTIVITIES AND PROFESSIONAL OMMISSION
The bidder___________________________________ explicitly confirms the following: (Name and address of the bidder)
That a bankruptcy procedure has not been initiated, that the economic subject is not in the process of liquidation (or similar procedure according to national legislation in the country – seat of the economic subject);
That the economic subject is not in the process of cessation of business activities or that it has not already completed the cessation; Which the bidder confirms with his stamp and signature of the authorized person. In _____________, date and year
FOR THE BIDDER: (NAME AND FAMILY NAME, and signature of the authorized person)
Seal ___________________________
34/34
ANNEX V
CONFIRMATION OF RECEIPT OF THE INVITATION TO TENDER
Name and seat of the bidder
OIB Business account
Address Phone Fax E-mail
Data on the contact person
Name and family name
E-mail address
Having signed this Confirmation, we confirm that we have received the Invitation to tender, Procurement No._____/2018 and we confirm participation in the tender. Name, family name and function of the authorized person of the bidder: ________________________________ Signature of the authorized person of the bidder: _____________________ Stamp
FOR THE BIDDER: (signature of the authorized person)
Seal ___________________________
