Public procurement notice: Services Concession
Published: 2019-02-01
Buyer: Grad Novi Sad
Country: RS
Contract type: Services
Procedure: Concession award procedure
CPV classification: 85100000: Health services
Submission deadline: 2019-04-03
Award criteria: Other

Technical requirements: Public Call for Concession for Performing Pharmaceutical Healthcare Activity at Primary Level on the City of Novi Sad Territory (code: JP-K-1/2019-FZD)
The intention of the concedent is to conclude a contract with the chosen bidder as with a private partner on public private partnership with elements of the concession, for the performance of pharmaceutical healthcare activity at the primary level on the City of Novi Sad territory (hereinafter referred to as: the Contract). The concession activity represents the performance of pharmaceutical healthcare activity at the primary level, i. e. continuous supply of the population, healthcare institutions, private practices, and other legal entities for whom special law enables their performance of healthcare activity as well, with medicines and medical devices in accordance with the law, i. e. securing rational pharmacotherapy for the purpose of treatment, improvement and maintenance of the quality of life of patients, independently, i. e. in cooperation with other medical workers, as well as continuous process of issuing, i. e. applying of medicines and medical devices.
The concessionaire is given into concession to perform the concession activity for the period of 15 years from the day the contract is concluded, the concessionaire bearing the risk regarding commercial exploitation of the subject of the concession. The concedent under no circumstances and in no case provides guarantees that the Concessionaire, under usual conditions of work, directly or indirectly, will realise the return of invested funds or of the expenses suffered during the performance of the Concession Activity, nor will the concedent be responsible for any damage that could be suffered by the Concessionaire as per such premises. The concedent will enable the concessionaire the use of 25 immovable properties publicly owned by the concedent and try to provide for the concessionaire to continue to use the three immovable properties that are not publicly owned by the concedent, under the same or nearly the same terms which are valid for their current user the Healthcare Institution Apoteka Novi Sad, 1 on the basis of lease or other legally regulated basis for use.
The concedent shall enable the Concessionaire to use without obstruction or hindrance the movable property located within the immovable properties enabled for use. Detailed data on the movable property within the immovable properties are provided as an attachment and are an integral part of the tender documentation. The Concessionaire shall be obligated to offer permanent employment for at least 46 employees of the Apoteka Novi Sad, with observance of at least the same amount of contractual salary they had in Apoteka Novi Sad, and whose employment contracts shall not be terminated on the basis of redundancy at least 2 years following the signing of the Contract. Overview of the employees is provided within the attachment and is an integral part of the tender documentation. Concession activity shall be performed on the City of Novi Sad Territory, i. e. in the following inhabited areas: Novi Sad, Begeč, Futog, Ledinci, Petrovaradin, Sremska Kamenica, Rumenka, Kać, Budisava, Stepanovićevo, Kovilj, Kisač and Čenej. For the purpose of enabling unhindered and durable performance of the concession Activity, the concessionaire is obligated to, for the entire duration of the Contract, perform the concession activity in all the immovable properties that were enabled for use, with the caveat that in certain immovable properties the concession activity can be performed at a reduced scope or regime of work (e. g. only on days when the local general practitioner works; with shorter working hours, etc.), provided that the consent of the Novi Sad City Council has been previously obtained. For each year of the duration of contract, the concessionaire shall be obligated to conclude an annual contract with the National Health Insurance Fund, for the purpose of providing health protection from compulsory health insurance to insured persons. For the entire duration of the contract, the concessionaire shall be obligated to establish and maintain a high and expert level of service quality in performing the concession activity, as per valid regulations and good pharmacy practice, in the interest of all the citizens. The concessionaire shall be obligated to pay the established concession fee for performing the concession activity. The concession fee consists of the total initial concession fee and the total annual concession fee. The manner and deadlines of payment shall be determined by the contract, in accordance with the chosen concessionaire’s bid. Following the contract’s expiration, all the immovable properties, movable properties and other property and means representing property of the concedent at the moment of the contract’s expiry and/or any other property from the scope of the concession act, apart from the movable property obtained by the concessionaire during the contract’s duration period, remains the property of the concedent as a public property.
1) Proof of evidence attesting registration at competent authorities, i. e. registration at the relevant registry.
Registry excerpt from the Business Registry Agency, i.e. registry excerpt from the registry of the competent commercial court or other appropriate registry.
Registry excerpt from the Business Registry Agency, i. e. registry excerpt from the appropriate registry;
2) Neither the bidder nor its legal representative may be previously convicted for any of crimes pertaining to being a member of an organised crime group, of crimes against commercial law, of crimes against the environment, of crimes of offering or accepting bribes, of crimes of fraud.
(a) registry excerpt from the criminal record, i. e. certificate from the competent magistrate court or higher court, at the territory of which the domestic legal entity has its registered office, i. e. the representative seat or branch office of a foreign legal entity, attesting thereby that such legal entity has no previous convictions for crimes against commercial law, of crimes against the environment, of crimes of offering or accepting bribes, of crimes of fraud. If the certificate of one of the competent courts contains the data on criminal records of both magistrate and of higher court, it is sufficient to submit only such certificate;
(b) registry excerpt from the criminal record of the Special Department for organised crime of the Belgrade Higher Court, certifying therewith that the legal entity has no convictions for any of crimes pertaining to being a member of an organised crime group;
(c) registry excerpt from the criminal record, i. e. certificate from the Ministry of Interior Police Administration on the territory of which the legal representative of the legal entity was born or is residing, attesting therewith that the legal representative of the legal entity has no convictions for crimes pertaining to being a member of an organised crime group, of crimes against commercial law, of crimes against the environment, of crimes of offering or accepting bribes, of crimes of fraud. The request can be submitted according to the place of birth or of residence. In case there are more legal representatives, there is an obligation to submit the certificate for each one of them;
3) that there are no outstanding tax debts, contributions or public duties as per regulations of the Republic of Serbia of foreign country if applicable (if registered office is abroad).
Certificate of the Ministry of Finance Tax Administration that there are no outstanding taxes and contributions, as well as the certificate of the competent local tax administration that there are no outstanding taxes pertaining to the local own-source public revenues (certificates from all competent local self-governments at the territory of which the taxpayer is registered as submitting entity of local own-source revenues). Taxpayer whose tax debt has been granted dormancy status in accordance with the law regulating interest acquittance and tax debt dormancy, submits certificate of the Ministry of Finance Tax Administration, i. e. of the competent local self-government tax administration on tax debt dormancy. Taxpayer with the right to tax debt acquittance in accordance with the law regulating privatisation, submits certificate of Ministry of economy attesting that the bidder is in the process of privatisation;
4) That of full observance of obligations regarding valid work safety, employment, working conditions, and the environment regulations; as well as that there is no ban on performing the activity in force at the time of submitting the bid.
5) That no bankruptcy or liquidation procedure has been initiated, or that there is no preceding bankruptcy procedure.

Eligibility requirements: 1) Proof of evidence attesting registration at competent authorities, i. e. registration at the relevant registry. Proof of evidence for legal entities: Registry excerpt from the Business Registry Agency, i.e. registry excerpt from the registry of the competent commercial court or other appropriate registry. Proof of evidence for entrepreneurs: Registry excerpt from the Business Registry Agency, i. e. registry excerpt from the appropriate registry; 2) Neither the bidder nor its legal representative may be previously convicted for any of crimes pertaining to being a member of an organised crime group, of crimes against commercial law, of crimes against the environment, of crimes of offering or accepting bribes, of crimes of fraud. Proof of evidence for legal entities: (a) registry excerpt from the criminal record, i. e. certificate from the competent magistrate court or higher court, at the territory of which the domestic legal entity has its registered office, i. e. the representative seat or branch office of a foreign legal entity, attesting thereby that such legal entity has no previous convictions for crimes against commercial law, of crimes against the environment, of crimes of offering or accepting bribes, of crimes of fraud. If the certificate of one of the competent courts contains the data on criminal records of both magistrate and of higher court, it is sufficient to submit only such certificate; (b) registry excerpt from the criminal record of the Special Department for organised crime of the Belgrade Higher Court, certifying therewith that the legal entity has no convictions for any of crimes pertaining to being a member of an organised crime group; (c) registry excerpt from the criminal record, i. e. certificate from the Ministry of Interior Police Administration on the territory of which the legal representative of the legal entity was born or is residing, attesting therewith that the legal representative of the legal entity has no convictions for crimes pertaining to being a member of an organised crime group, of crimes against commercial law, of crimes against the environment, of crimes of offering or accepting bribes, of crimes of fraud. The request can be submitted according to the place of birth or of residence. In case there are more legal representatives, there is an obligation to submit the certificate for each one of them; 3) that there are no outstanding tax debts, contributions or public duties as per regulations of the Republic of Serbia of foreign country if applicable (if registered office is abroad). Proof of Evidence for legal entities, entrepreneurs and natural persons: Certificate of the Ministry of Finance Tax Administration that there are no outstanding taxes and contributions, as well as the certificate of the competent local tax administration that there are no outstanding taxes pertaining to the local own-source public revenues (certificates from all competent local self-governments at the territory of which the taxpayer is registered as submitting entity of local own-source revenues). Taxpayer whose tax debt has been granted dormancy status in accordance with the law regulating interest acquittance and tax debt dormancy, submits certificate of the Ministry of Finance Tax Administration, i. e. of the competent local self-government tax administration on tax debt dormancy. Taxpayer with the right to tax debt acquittance in accordance with the law regulating privatisation, submits certificate of Ministry of economy attesting that the bidder is in the process of privatisation; 4) That of full observance of obligations regarding valid work safety, employment, working conditions, and the environment regulations; as well as that there is no ban on performing the activity in force at the time of submitting the bid. Statement of full observance. No proof of evidence can be older than two months at the time of the opening of bids.