Public procurement notice: Contract Notice
Published: 2018-08-18
Buyer: Ministry of Transport and Communication  — Macedonia
Country: MK
Contract type: Works
Procedure: Open procedure
CPV classification: 45000000: Construction work
Estimated value:  MKD
Submission deadline: 2018-09-05
Award criteria: Lowest price

Technical requirements: “Construction of a Waste Water Treatment Plant with Construction of Part of the Fecal Sewerage Network for the Village Spanchevo, Municipality of Cheshinovo-Obleshevo”
As part of the bid, it is mandatory for the economic operator to submit a guarantee for the bid in the amount of 3 % of the total value of the bid, VAT excluded.
The bid guarantee should be submitted in original form and in the procedures conducted electronically.
The bank guarantee should be issued from a bank acceptable for the Contracting Authority, using the Bid guarantee Form for such purpose which is provided in Annex 6 to the tender documentation. The Contracting Authority can charge the bid guarantee if the economic operator:
The guarantee must have validity period of at least 14 days from the day of expiry of the bid validity. Any bid that does not include a bid guarantee, or contains a guarantee for the bid that is not in accordance with the conditions stipulated in the tender documentation, such bid will be discarded by the Contracting Authority as unacceptable. In extraordinary cases, the Contracting Authority can request the bidders to prolong the validity period of the bid guarantee. The bid guarantee of the unsuccessful economic operators shall be returned within 7 days upon the conclusion of the public procurement contract with the most advantageous economic operator. The bid guarantee of the Economic operator whose bid is selected as most advantageous shall be returned there to upon the signing of the public procurement contract and submitting of a guarantee for qualitative performance of the contract. The bid guarantee shall be submitted in the archive of the Ministry of Transport and Communications by the day and hour determined as a bid submission deadline at the latest. Guarantee for high-quality performance of the Contract the condition for signing a contract with the most advantageous economic operator is the provisioning of a guarantee for high-quality performance of the contract in the amount of 10 % of the value of the public procurement contract. The guarantee for high-quality performance of the contract shall be in form of a bank guarantee. The guarantee for high-quality performance of the contract should be submitted in original form. Copies shall not be accepted. The guarantee for high-quality performance of the contract shall be valid until the full contract implementation. Upon the selection of most advantageous bidder, the Contracting Authority shall additionally determine the final date of the guarantee validity. The bidder selected as most advantageous one shall submit the guarantee for high-quality performance of the Contract to the Contracting Authority within 10 working days upon the contract conclusion. The guarantee for High-quality performance of the contract shall be submitted within the determined period, as follows: by mail or personally in the headquarters of the Contracting Authority. The guarantee for high-quality performance of the contract shall be charged if the Contractor fails to fulfill any of the obligations from the public procurement contract within the due date. The guarantee for high-quality performance of the contract shall be returned to the Contractor within 14 days as of the day of the full implementation of the public procurement contract and after the Contractor submits the bank guarantee for guarantee term to the Contracting Authority. As a requirement for execution of the public procurement contract, the Contractor shall be obliged to secure a guarantee for a guarantee period in amount of 5 % of the public procurement contract value, VAT included, by which the one shall be obliged, on own expense, to remove all shortcomings occurring as a consequence of substandard execution of works or substandard implementation of material and equipment, as well as for other shortcomings occurring within the guarantee period and attributed to the contractor.
— payment shall be made on the grounds of signed and verified interim certificates and on the grounds of a signed and verified final certificate by an authorized person from the Contractor and the Supervising Engineer submitted to the Contracting Authority after the work is actually performed, and
— payment shall be made by transfer order within 120 days after the receipt of signed and verified interim certificates, that is, signed and verified final certificate by an authorized person from the Contractor and the Supervising Engineer submitted to the archives of the Contracting Authority after the work is actually performed. The method of payment is obligatory.
Group of tenderers shall also have the right to submit a tender without the obligation to be associated in the appropriate legal form.
An advance payment in the amount of 20 % of the value of the contract shall be allowed for execution of the public procurement contract, including VAT.
Prior to the payment of the advance, the holder of the contract shall be obliged to submit a bank guarantee in the amount of the agreed advance payment within 10 working days from the day of signing the Contract with a period of validity until the day of payment of the first interim certificate the value of which is in the amount of the advance payment.
— statement of the Economic operator that, within the last 5 years, it has not had any legally effective judgment for participation in a criminal organization, corruption, fraud or money laundering, pronounced against it;
— confirmation that it is not subject to an open bankruptcy procedure by a competent authority of the country of registration of the economic operator;
— confirmation that it is not subject to an open liquidation procedure by a competent authority of the country of registration of the economic operator;
— confirmation for paid taxes, contributions and other public dues issued by a competent authority in thecountry where the economic operator is registered.
Not pronounced with a second penalty prohibiting the participation in the public procedures, the public Procurement contract award procedures and the public private partnership procedures;

Eligibility requirements: Information and formalities necessary for evaluating if the requirements are met: Information and formalities necessary for evaluating if the requirements are met: — statement of the Economic operator that, within the last 5 years, it has not had any legally effective judgment for participation in a criminal organization, corruption, fraud or money laundering, pronounced against it; — confirmation that it is not subject to an open bankruptcy procedure by a competent authority of the country of registration of the economic operator; — confirmation that it is not subject to an open liquidation procedure by a competent authority of the country of registration of the economic operator; — confirmation for paid taxes, contributions and other public dues issued by a competent authority in thecountry where the economic operator is registered. Not pronounced with a second penalty prohibiting the participation in the public procedures, the public Procurement contract award procedures and the public private partnership procedures; — confirmation from the Registry of penalties for committed criminal acts of the legal entities that they were not pronounced with a second penalty for temporary or permanent prohibiting for performing certain activity, and — confirmation that there is no legally effective judgment imposing a misdemeanour sanction involving prohibition to perform a profession, activity or duty, or prohibition to perform a specific activity, imposed against it from the country of registration of the economic operator. The statement referred to in indent 1, sub-item 2.5.1 is prepared in an electronic form and signed with an electronic signature by the economic operator, and the same should not be verified by a competent authority. The confirmation referred to in indent 2, sub-item 2.5.1, that there are is open bankruptcy procedure, and the confirmation referred to indent 3 of sub-item 2.5.1, that there is no open liquidation procedure, as well as the confirmations of the registry of penalties for committed criminal acts referred to in indents 5 and 6 of sub-item 2.5.1, are issued by competent authorities in the country where the economic operator is registered. The Central Registry of RM is the competent authority for issuing such confirmations in the Republic of Macedonia. The confirmation referred to in indent 4, sub-item 2.5.1. for paid taxes, contributions and other Public dues is issued by a competent authority in the country of registration of the economic operator. The Public Revenues Office is the competent authority in the Republic of Macedonia for issuing of this confirmation. The confirmation referred to in indent 7, sub-item 2.5.1. is issued by the competent authority of the country where the economic operator is registered. The Central Registry of RM is the competent authority for issuing of this confirmation in the Republic of Macedonia. The documents referred to in sub-item 2.5.1 must not be older than 6 months counted backwards from the final deadline for submission of the tenders. The documents proving the personal standing are submitted in original or a copy verified by the economic operator. If the Contracting Authority has any doubts regarding the documents proving the personal standing of the economic operator, it can request information directly from the competent bodies that have issued the documents proving the personal standing. If the country where the economic operator is registered does not issue the documents referred to in sub-item 2.5.1 or if the documents do not include all cases stipulated above, the economic operator shall be obliged to submit a Statement, verified with a competent authority, declaring that: there are no open bankruptcy procedures against it; there are no open liquidation procedures, that the economic operator has paid all taxes, contributions and other public dues to the state; that no second penalty prohibiting the participation in public procurement procedures, contract award procedures or public private partnership procedures was pronounced against the economic operator; that no second penalty for temporary or permanent prohibition for performing a Certain activity was pronounced against the economic operator; and that no legally effective judgment for a misdemeanour sanction — prohibition to perform a profession, activity, or duty, that is, a temporary prohibition to perform a certain activity in the country of registration of the tenderer was pronounced against the economic operator. The Contracting Authority shall exclude from the procedure for awarding a public procurement contract, any economic operator that: — within the last 5 years has had a legally effective judgment pronounced against it for participation in a criminal organization, corruption, fraud or money laundering; — is subject to a bankruptcy procedure or a liquidation procedure, — has unpaid taxes, contributions or other public dues, — has been pronounced with a second penalty prohibiting the participation in public procedures. Public procurement contract awarding and public private partnership contracts: — has been pronounced with a second penalty for temporary or permanent prohibition for performing of certain activity; — has a misdemeanor sanction involving prohibition to perform a profession, activity or duty, or temporaryprohibition to perform a specific activity, and — gives false information or fails to submit the data requested by the contracting authority. The criteria for proving the capability to perform a professional activity of the economic operators are as follows: — The economic operator shall be registered as legal entity for performance of the activity related to the subject of the public procurement contract or that the economic operator belongs to a related professional association in accordance with the regulations of the country where it is registered, and — The economic operator shall possess a License B for a contractor of second category constructions, in accordance with the Law on Construction (“Official Gazette of the Republic of Macedonia” Nº 130/09, 124/10, 18/2011, 36/2011, 54/2011, 13/2012, 144/2012, 25/2013, 79/2013, 137/2013, 163/2013, 27/2014, 28/2014, 42/2014, 115/2014, 149/2014, 187/2014, 44/2015, 129/15, 217/15, 226/15, 30/16, 31/16, 39/16, 71/16 and 132/16). — balance sheet report certified by a competent authority, or revised balance sheet or excerpts from the balance sheet report, in cases when the publication of the balance sheet is prescribed by law in the country where the economic operator has been registered, and — statement of the overall turnover of the economic operator - company (data from the balance sheet issued by a competent authority, that is, revised balance sheet) for the last 3 (three) financial years for which information is available. If the balance sheets and the operational statements have been subject to commercial audit, the economic operator may submit the same as evidence that it meets the minimum condition for determination of the Economic and financial standing without being further verified by a competent authority. If the balance sheet and the operational statements haven’t been subject to commercial audit, the economic operator shall submit the same verified or issued by a competent authority as evidence that it meets the minimum condition for determination of the economic and financial standing. The competent authority in the Republic of Macedonia is the Central Registry of the Republic of Macedonia. The economic and financial capability of the economic operator may be supported by another entity, regardless of the legal relations between the economic operator and that entity. If the economic operator proves its economic and financial capacity, referring to the support from another entity, it is obliged to prove the support with valid evidence that such an entity will make available the appropriate financial resources to the economic operator. Against the entity providing the financial support, a final judgment for participation in a criminal organization, corruption, fraud or money laundering may not have been pronounced. If the economic operators submit a bid as a group of economic operators, the economic and financial standing is proven by taking into account the resources of all members of the group. If the group of economic operators acts with financial support from a third entity, the economic and financial standing is determined in accordance with the aforementioned, that is, pursuant to Article 151 paragraph 2 of the Law on Public Procurement. — In order to qualify as capable for carrying out the relevant public procurement contract in terms of its economic and financial standing, the economic operator should meet the following minimum requirements: — minimum total income of 60 000 000,00 MKD in the last 3 (three) financial years in aggregate, for which information is available. The economic operator shall prove the fulfillment of the minimum requirements as referred to in subsection 2.4.4 by submitting: — a reference list of works carried out in the last five years by submitting certificates confirming satisfactory performance of the most important works, including the value, time and location of carrying out the works and indications confirming that the works have been carried out in accordance with the rules of business operations and properly completed in accordance with point 2.4.4 indent 1, — a statement for engaged technical personnel, regardless of whether they directly belong to the economic operator with attached authorizations for 3 (three) engineers with Authorization B for a performance engineer including: 1 (one) engineer with Authorization B for a performance engineer in the field of “electrical engineering”, 1 (one) engineer with Authorization B for a performance engineer in the field of “mechanical engineering” and 1 (one) civil engineer with Authorization B for a performance engineer in the field of “civil engineering and building construction” in accordance with point 2.4 .4 indent 2, — a statement for employed or engaged at least 1 (one) professional person for safety at work, with attached Certificate for passed professional exam in accordance with point 2.4.4, indent 3, — a statement for the technical equipment that the economic operator has at its disposal: 1 (one) excavator, 1 (one) pick hammer, 1 (one) movable compressor, 1 (one) vibrator-roller, 1 (one) vibrator frog compactor, 1 (one) poker vibrator, in accordance with point 2.4.4 indent 4, — information on the elements of the contract that the economic operator intends to give to a subcontractor, whereby the economic operator must state in its bid data for the share of the contract that it intends to give to subcontractors (firm, registered office, tax payer number and alike). In order to qualify as capable to perform the relevant public procurement contract in terms of its technical or professional capability, the economic operator should meet the following minimum requirements: — at least 3 (three) realized contracts for performed same or similar works in the last 3 (three) years, out of which the minimum value of at least 1 (one) signed and realized contract for the same or similar work performed to be 22 500 000,00 MKD including VAT, — the economic operator should have at least 10 (ten) employees or engaged persons, including at least 2 (two) persons of them with an Authorization B for a performance engineer, and 1 (one) of them civil engineer with an Authorization B for a performance engineer in the field of "civil engineering and building construction", — the economic operator should have employed or engaged at least 1 (one) professional person for safety at work with a Certificate for passed professional exam, — the economic operator should have at its disposal: 1 (one) excavator with a deep bucket, with a capacity of 0,6-1,0 m3, 1 (one) pick hammer, 1 (one) movable compressor, 1 (one) vibrator-roller, 1 (one) vibrator frog compactor, 1 (one) poker vibrator and 1 (one) dump truck with the minimum capacity of 8 m3.
— balance sheet report certified by a competent authority, or revised balance sheet or excerpts from the balance sheet report, in cases when the publication of the balance sheet is prescribed by law in the country where the economic operator has been registered, and — statement of the overall turnover of the economic operator - company (data from the balance sheet issued by a competent authority, that is, revised balance sheet) for the last 3 (three) financial years for which information is available. If the balance sheets and the operational statements have been subject to commercial audit, the economic operator may submit the same as evidence that it meets the minimum condition for determination of the Economic and financial standing without being further verified by a competent authority. If the balance sheet and the operational statements haven’t been subject to commercial audit, the economic operator shall submit the same verified or issued by a competent authority as evidence that it meets the minimum condition for determination of the economic and financial standing. The competent authority in the Republic of Macedonia is the Central Registry of the Republic of Macedonia. The economic and financial capability of the economic operator may be supported by another entity, regardless of the legal relations between the economic operator and that entity. If the economic operator proves its economic and financial capacity, referring to the support from another entity, it is obliged to prove the support with valid evidence that such an entity will make available the appropriate financial resources to the economic operator. Against the entity providing the financial support, a final judgment for participation in a criminal organization, corruption, fraud or money laundering may not have been pronounced. If the economic operators submit a bid as a group of economic operators, the economic and financial standing is proven by taking into account the resources of all members of the group. If the group of economic operators acts with financial support from a third entity, the economic and financial standing is determined in accordance with the aforementioned, that is, pursuant to Article 151 paragraph 2 of the Law on Public Procurement. — In order to qualify as capable for carrying out the relevant public procurement contract in terms of its economic and financial standing, the economic operator should meet the following minimum requirements: — minimum total income of 60 000 000,00 MKD in the last 3 (three) financial years in aggregate, for which information is available.
— balance sheet report certified by a competent authority, or revised balance sheet or excerpts from the balance sheet report, in cases when the publication of the balance sheet is prescribed by law in the country where the economic operator has been registered, and — statement of the overall turnover of the economic operator - company (data from the balance sheet issued by a competent authority, that is, revised balance sheet) for the last 3 (three) financial years for which information is available. If the balance sheets and the operational statements have been subject to commercial audit, the economic operator may submit the same as evidence that it meets the minimum condition for determination of the Economic and financial standing without being further verified by a competent authority. If the balance sheet and the operational statements haven’t been subject to commercial audit, the economic operator shall submit the same verified or issued by a competent authority as evidence that it meets the minimum condition for determination of the economic and financial standing. The competent authority in the Republic of Macedonia is the Central Registry of the Republic of Macedonia. The economic and financial capability of the economic operator may be supported by another entity, regardless of the legal relations between the economic operator and that entity. If the economic operator proves its economic and financial capacity, referring to the support from another entity, it is obliged to prove the support with valid evidence that such an entity will make available the appropriate financial resources to the economic operator. Against the entity providing the financial support, a final judgment for participation in a criminal organization, corruption, fraud or money laundering may not have been pronounced. If the economic operators submit a bid as a group of economic operators, the economic and financial standing is proven by taking into account the resources of all members of the group. If the group of economic operators acts with financial support from a third entity, the economic and financial standing is determined in accordance with the aforementioned, that is, pursuant to Article 151 paragraph 2 of the Law on Public Procurement.
— In order to qualify as capable for carrying out the relevant public procurement contract in terms of its economic and financial standing, the economic operator should meet the following minimum requirements: — minimum total income of 60 000 000,00 MKD in the last 3 (three) financial years in aggregate, for which information is available.
The economic operator shall prove the fulfillment of the minimum requirements as referred to in subsection 2.4.4 by submitting: — a reference list of works carried out in the last five years by submitting certificates confirming satisfactory performance of the most important works, including the value, time and location of carrying out the works and indications confirming that the works have been carried out in accordance with the rules of business operations and properly completed in accordance with point 2.4.4 indent 1, — a statement for engaged technical personnel, regardless of whether they directly belong to the economic operator with attached authorizations for 3 (three) engineers with Authorization B for a performance engineer including: 1 (one) engineer with Authorization B for a performance engineer in the field of “electrical engineering”, 1 (one) engineer with Authorization B for a performance engineer in the field of “mechanical engineering” and 1 (one) civil engineer with Authorization B for a performance engineer in the field of “civil engineering and building construction” in accordance with point 2.4 .4 indent 2, — a statement for employed or engaged at least 1 (one) professional person for safety at work, with attached Certificate for passed professional exam in accordance with point 2.4.4, indent 3, — a statement for the technical equipment that the economic operator has at its disposal: 1 (one) excavator, 1 (one) pick hammer, 1 (one) movable compressor, 1 (one) vibrator-roller, 1 (one) vibrator frog compactor, 1 (one) poker vibrator, in accordance with point 2.4.4 indent 4, — information on the elements of the contract that the economic operator intends to give to a subcontractor, whereby the economic operator must state in its bid data for the share of the contract that it intends to give to subcontractors (firm, registered office, tax payer number and alike). In order to qualify as capable to perform the relevant public procurement contract in terms of its technical or professional capability, the economic operator should meet the following minimum requirements: — at least 3 (three) realized contracts for performed same or similar works in the last 3 (three) years, out of which the minimum value of at least 1 (one) signed and realized contract for the same or similar work performed to be 22 500 000,00 MKD including VAT, — the economic operator should have at least 10 (ten) employees or engaged persons, including at least 2 (two) persons of them with an Authorization B for a performance engineer, and 1 (one) of them civil engineer with an Authorization B for a performance engineer in the field of "civil engineering and building construction", — the economic operator should have employed or engaged at least 1 (one) professional person for safety at work with a Certificate for passed professional exam, — the economic operator should have at its disposal: 1 (one) excavator with a deep bucket, with a capacity of 0,6-1,0 m3, 1 (one) pick hammer, 1 (one) movable compressor, 1 (one) vibrator-roller, 1 (one) vibrator frog compactor, 1 (one) poker vibrator and 1 (one) dump truck with the minimum capacity of 8 m3.
The economic operator shall prove the fulfillment of the minimum requirements as referred to in subsection 2.4.4 by submitting: — a reference list of works carried out in the last five years by submitting certificates confirming satisfactory performance of the most important works, including the value, time and location of carrying out the works and indications confirming that the works have been carried out in accordance with the rules of business operations and properly completed in accordance with point 2.4.4 indent 1, — a statement for engaged technical personnel, regardless of whether they directly belong to the economic operator with attached authorizations for 3 (three) engineers with Authorization B for a performance engineer including: 1 (one) engineer with Authorization B for a performance engineer in the field of “electrical engineering”, 1 (one) engineer with Authorization B for a performance engineer in the field of “mechanical engineering” and 1 (one) civil engineer with Authorization B for a performance engineer in the field of “civil engineering and building construction” in accordance with point 2.4 .4 indent 2, — a statement for employed or engaged at least 1 (one) professional person for safety at work, with attached Certificate for passed professional exam in accordance with point 2.4.4, indent 3, — a statement for the technical equipment that the economic operator has at its disposal: 1 (one) excavator, 1 (one) pick hammer, 1 (one) movable compressor, 1 (one) vibrator-roller, 1 (one) vibrator frog compactor, 1 (one) poker vibrator, in accordance with point 2.4.4 indent 4, — information on the elements of the contract that the economic operator intends to give to a subcontractor, whereby the economic operator must state in its bid data for the share of the contract that it intends to give to subcontractors (firm, registered office, tax payer number and alike).
In order to qualify as capable to perform the relevant public procurement contract in terms of its technical or professional capability, the economic operator should meet the following minimum requirements: — at least 3 (three) realized contracts for performed same or similar works in the last 3 (three) years, out of which the minimum value of at least 1 (one) signed and realized contract for the same or similar work performed to be 22 500 000,00 MKD including VAT, — the economic operator should have at least 10 (ten) employees or engaged persons, including at least 2 (two) persons of them with an Authorization B for a performance engineer, and 1 (one) of them civil engineer with an Authorization B for a performance engineer in the field of "civil engineering and building construction", — the economic operator should have employed or engaged at least 1 (one) professional person for safety at work with a Certificate for passed professional exam, — the economic operator should have at its disposal: 1 (one) excavator with a deep bucket, with a capacity of 0,6-1,0 m3, 1 (one) pick hammer, 1 (one) movable compressor, 1 (one) vibrator-roller, 1 (one) vibrator frog compactor, 1 (one) poker vibrator and 1 (one) dump truck with the minimum capacity of 8 m3.