Public procurement notice: Contract Notice
Published: 2020-04-24
Buyer: Ministry of Information Society and Administration
Country: MK
Contract type: Services
Procedure: Open procedure
CPV classification: 72267000: Software maintenance and repair services
Estimated value: 12000000 MKD
Submission deadline: 2020-05-22
Award criteria: The most economic tender

Technical requirements: Preventive, reactive and adaptive maintenance of National e-Services Portal and components thereof, hereinafter referred to as portal, in duration of 12 months.
2.2.1. The contracting party shall exclude any economic operator from the public procurement procedure if it determines that the economic operator, or the person who is a member of the executive or oversight body of said economic operator or who is authorized to represent or adopt decisions or to perform oversight over the economic operator, has been sentenced with an enforceable judgement in the last 5 years on committed crime that involves elements of the following crimes stipulated under the criminal code:
2.2.2. The contracting party shall exclude any economic operator from the public procurement procedure, if an economic operator:
— has unpaid taxes, payroll taxes or other public charges, except in cases when the economic operator has been permitted to pay taxes, payroll taxes or other public charges by means of deferred payment in compliance with special provisions and performs regular payment thereof,
— has been sentenced with secondary penalty, prohibition for participation in public call procedures, procedures for awarding public procurement contracts and public-private partnership contract,
— has been has been sentenced with secondary penalty, temporary or permanent prohibition to perform a particular activity,
— has been sentenced with misdemeanor sanction, prohibition to perform profession, activity or duty, or temporary prohibition to perform a particular activity, or
— issues false information/data or fails to submit information/data requested by the contracting party.
2.2.3. The contracting party shall exclude the economic operator from the public procurement procedure if the economic operator is listed under the list of issued negative references under Article 101, Paragraph (3) of the Law on Public Procurements by the final deadline for delivery of bids or participation requests.
2.2.4. The contracting party shall exclude the economic operator from the public procurement procedure in cases when the exclusion condition is enlisted under the tender documentation:
a) If the contracting party has valid reasons to determine that the economic operator has signed contracts with other economic operator with purpose or effect to distort competition. The determination of the contracting party stipulated under this item shall be considered valid if the Commission for Protection of Competition notifies the contracting party that it will initiate a misdemeanor procedure within a deadline of 15 days, based on notice lodged by the contracting party;
b) If the economic operator has demonstrated significant or constant shortcomings in meeting key duties in previous public procurement contracts or previous concession and public-private partnership contracts signed with said contracting party, which, in turn, resulted in unilateral contract termination, damage claims or undertaking of other similar sanctions by the contracting party;
c) If the economic operator exercises illegal influence over the contracting party’s decision or for acquisition of confidential information that would give said economic operator illegal advantage in the public procurement procedure.
2.4.1. To qualify as capable to perform the relevant public procurement contract in terms of technical or professional capacity, the economic operator should meet the following minimum criteria:

Eligibility requirements: 2.2.1. The contracting party shall exclude any economic operator from the public procurement procedure if it determines that the economic operator, or the person who is a member of the executive or oversight body of said economic operator or who is authorized to represent or adopt decisions or to perform oversight over the economic operator, has been sentenced with an enforceable judgement in the last 5 years on committed crime that involves elements of the following crimes stipulated under the criminal code: — participation in criminal organization, — corruption, — tax and payroll tax evasion, — terrorism or criminal acts related to terrorist activities, — money laundering and financing terrorism, and — child labor and human trafficking. 2.2.2. The contracting party shall exclude any economic operator from the public procurement procedure, if an economic operator: — has unpaid taxes, payroll taxes or other public charges, except in cases when the economic operator has been permitted to pay taxes, payroll taxes or other public charges by means of deferred payment in compliance with special provisions and performs regular payment thereof, — undergoes bankruptcy or liquidation proceeding, — has been sentenced with secondary penalty, prohibition for participation in public call procedures, procedures for awarding public procurement contracts and public-private partnership contract, — has been has been sentenced with secondary penalty, temporary or permanent prohibition to perform a particular activity, — has been sentenced with misdemeanor sanction, prohibition to perform profession, activity or duty, or temporary prohibition to perform a particular activity, or — issues false information/data or fails to submit information/data requested by the contracting party. 2.2.3. The contracting party shall exclude the economic operator from the public procurement procedure if the economic operator is listed under the list of issued negative references under Article 101, Paragraph (3) of the Law on Public Procurements by the final deadline for delivery of bids or participation requests. 2.2.4. The contracting party shall exclude the economic operator from the public procurement procedure in cases when the exclusion condition is enlisted under the tender documentation: a) If the contracting party has valid reasons to determine that the economic operator has signed contracts with other economic operator with purpose or effect to distort competition. The determination of the contracting party stipulated under this item shall be considered valid if the Commission for Protection of Competition notifies the contracting party that it will initiate a misdemeanor procedure within a deadline of 15 days, based on notice lodged by the contracting party; b) If the economic operator has demonstrated significant or constant shortcomings in meeting key duties in previous public procurement contracts or previous concession and public-private partnership contracts signed with said contracting party, which, in turn, resulted in unilateral contract termination, damage claims or undertaking of other similar sanctions by the contracting party; c) If the economic operator exercises illegal influence over the contracting party’s decision or for acquisition of confidential information that would give said economic operator illegal advantage in the public procurement procedure.

Award value: 12000000