TD+nadzor+Gasifikacija_en

Republic of Macedonia MINISTRY OF TRANSPORT AND COMMUNICATIONS

MTC-06-ZP-09

NOTICE NUMBER 38/2014

OPEN PROCEDURE NO 38/2014 FOR AWARDING A PUBLIC PROCUREMENT CONTRACT FOR SERVICES FOR

SUPERVISION OF THE CONSTRUCTION OF THE GAS PIPELINE OF THE REPUBLIC OF MACEDONIA, LOT 1, SECTION: KLECHOVCE-SHTIP-NEGOTINO

TENDER DOCUMENTATION FOR A PROCEDURE CARRIED OUT THROUGH THE ESPP

AND ENDING WITH E-AUCTION contract award criterion: lowest price

Skopje, March 2014

Republic of Macedonia Tender documentation Ministry of Transport and Communications _______________________________________________________________________________________________________________________________________________________________

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TENDER DOCUMENTATION __________________________________________________________________________________________________________________________________________________________________

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Republic of Macedonia MINISTRY OF TRANSPORT AND COMMUNICATIONS

INVITATION TO SUBMIT A TENDER

Dear Sir/Madam,

The Ministry of Transport and Communication, with address at Str. Dame Gruev No 6, 1000, Skopje, contact telephone number (02) 3 145 407 and (02) 3 145 445, fax (02) 3 226 392, e-mail: [email protected] and [email protected] needs to procure:

Supervision over the construction of the gas pipeline of the Republic of Macedonia, lot 1, section: Klechovce-Shtip-Negotino

For that purpose, the contracting authority hereby implements an open procedure to award a public procurement contract for services which shall end with electronic auction, as final phase in the open procedure, by using the electronic means through the Electronic System for Public Procurement (ESPP) available at the following address: https://www.e-nabavki.gov.mk, in accordance with articles 21 and 22 of the Law on Public Procurement (Official Gazette of the Republic of Macedonia no. 136/07, 130/08, 97/2010, 53/2011, 185/2011, 15/2013 and 148/2013), and therefore it published the notice number 38/2014.

We kindly ask you to submit to us your tender for the above public procurement contract subject no later than 25.04.2014 !" 11.00 hours (local time) only through the ESPP (https://www.e-nabavki.gov.mk), whilst following the instructions given in the Manual for using the ESPP, published on the same website in the part Economic Operators.

The tender sent through the ESPP should be electronically signed by the economic operator with a digital certificate1.

The accompanying documentation is submitted in original or scanned electronic form. The economic operator can submit in hard copy the requested documents for determining the capability

before the timeframe for submission of tenders only if the same are not available in electronic form (scanned), in the manner described in sub-item 7.8 of the tender documentation. Available means that those documents are not issued in source electronic form, i.e. that the electronic operator cannot convert them through scanning into an electronic form.

Enclosed with this invitation please find attached the tender documentation which contains all information that will help in the tender preparation.

The tender documentation comprises of the following parts: instructions for the tenderers, minimal criteria determining the capability of the economic operators, mandatory provisions to be contained in the public procurement contract, model contract, technical specifications (specifics of works) and tender form.

The tenders shall be opened electronically through the ESPP and shall be public and held on 25.04.2014 at 11.00 hours.

Thank you in advance for your cooperation.

in Skopje, PRESIDENT OF COMMISSION 04.03.2014 ________________________________

1 Electronic means containing the electronic signature which replaces the signature by hand.


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- CONTENTS OF TENDER DOCUMENTATION -

PART I. INSTRUCTIONS FOR THE TENDERERS

1. GENERAL INFORMATION

1.1. Definitions 1.2. Contracting Authority 1.3. Public procurement contract subject 1.4. Method of communication 1.5. Type of procedure for awarding the public procurement contract 1.6. More detailed information on the usage of electronic means 1.7. More detailed information on the electronic auction 1.8. Applicable regulation 1.9. Language of availability of the tender documentation 1.10. Prevention of conflict of interest 1.11. Confidential information 1.12. Site visits

2. RIGHT TO PARTICIPATE, TIMEFRAMES, CAPABILITY OF ECONOMIC

OPERATORS, CRITERIA PROVING THE CAPABILITY AND MANNER OF PROVING THE CAPABILITY OF THE ECONOMIC OPERATORS IN THE CONTRACT AWARD PROCEDURE

2.1. Right to participate 2.2. Timeframes 2.3. Capability of economic operators 2.4. Criteria proving the capability of economic operators 2.5. Manner of proving the capability of economic operators

MINIMAL CRITERIA PROVING THE CAPABILITY OF ECONOMIC OPERATORS

3.1. Minimal criteria proving the economic and financial situation 3.2. Minimal criteria proving the technical or professional capability 3.3. Necessary documentation for proving the compliance with the minimal criteria

3. CONTRACT AWARD CRITERION

4. TECHNICAL SPECIFICATIONS (SPECIFICS OF WORKS)

5.1. Bill of quantities

6. EXPLANATION, AMENDMENT AND SUPPLEMENTING OF THE TENDER

DOCUMENTATION

6.1. Explanation of the tender documentation 6.2. Amendment and supplementing of the tender documentation

7. PREPARATION AND SUBMISSION OF TENDERS

7.1. Contents of the tender 7.2. Language of the tender 7.3. Tender price 7.4. Tender currency 7.5. Tender validity


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7.6. Tender guarantee 7.7. Tender form and signing 7.8. Manner of submission of the tender and accompanying documentation 7.9. Tender submission costs 7.10. Alternative tenders 7.11. One tender principle 7.12. Amendment, replacement and withdrawal of tender

8. PUBLIC OPENING AND EVALUATION OF TENDERS

8.1. Public opening of tenders 8.2. Confidentiality of the tender evaluation process 8.3. Explanation of tenders 8.4. Correction of arithmetical errors

9. CONTRACT AWARD

9.1. Public procurement contract award 9.2. Notification on the public procurement contract award 9.3. Legal protection 9.4. Conclusion of the public procurement contract award 10. MANDATORY ELEMENTS OF THE PUBLIC PROCUREMENT CONTRACT

10.1. Payment method 10.2. Timeframe and place for realisation of works 10.3. Difference in prices (correction of prices) 10.4. Advance payments 10.5. Performance guarantee 10.6. Elements of the contract arising from the conducted procedure

11. PROCEDURE CANCELLATION

12. INFORMATION ON THE MANDATORY PROVISIONS OF THE PUBLIC

PROCUREMENT CONTRACT

PART II. FORMS FOR ECONOMIC OPERATORS

1. Tender form 2. Confidential information list form 3. Form of the statement by which the economic operator accepts the conditions of the Notice 4. Form proving the capability of the economic operators with the necessary attachments 5. Tender guarantee PART III. Contract model PART IV. Technical specification (specifics of works) PART V. Guarantee for quality contract realisation


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1. GENERAL INFORMATION 1.1. Definitions The specific terms used in these tendering documents shall have the following meaning:

- Public Procurement Contract shall mean a contract of financial interest signed, in writing, between the contracting authority on one side and the contractor on the other side, and the subject of this contract shall be the procurement of works for construction subject to the contract;

- Contract Award Procedure shall be a procedure which shall be implemented by the contracting authority with the objective or activity related to purchasing or acquiring of goods;

- Open Procedure shall be a procedure where any economic operator shall have the right to submit a tender;

- Electronic Auction shall mean a reverse negative auction process realised after an initial full evaluation of tenders, where tenderers have a possibility, exclusively by electronic means, to revise the presented prices or to improve certain elements of the tenders, whereby ranking shall be made automatically by electronic means;

- Tender Documentation shall mean a set of documents, information and conditions that serve as basis for elaborating, submitting and evaluating the tenders;

- Economic Operator shall mean any natural or legal person or a group of such persons, which offer supplies, services or works on the market;

- Tenderer shall mean any economic operator that submitted a tender; - Group of Economic Operators shall mean any association or forming of a group of economic

operators for the purposes of submitting a group tender without being related in a legal form; - Tender shall mean a proposal given by the tenderer elaborated in the tender documentation, which is

basis for concluding a public contract; - Financial Proposal shall mean a part of the tender containing the offered prices according to the

requirements set out in the tender documentation; - Responsive Tender shall mean acceptable tender within the limits of the amount defined by the

contracting authority by the public procurement decision or that can be additionally provided in accordance with Article 28 paragraph (4) of this law;

- Contractor shall mean tenderer or group of tenderers that concluded the public procurement contract;

- Evaluation of Tender shall mean the evaluation of the tender submitted in the contract award procedure;

- Acceptable Tender shall mean a timely tender that fully meets all requirements in the tender documentation and the technical specifications and matches all criteria, conditions and possible qualification requirements of the tenderers;

- Head Person shall mean an official heading a state authority, mayor of local authority or manager of a legal entity;

- Electronic Means shall mean usage of electronic equipment for the processing (including digital compression) and storage of data, which is transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means;

- Electronic System for Public Procurement - ESPP shall mean a single computerised system available on the Internet, which is used in order to enable greater efficiency and cost-effectiveness in the award of public contracts and

- Written or in writing" shall mean any expression consisting of words or figures, which can be read, reproduced and subsequently conveyed, as well as information that is conveyed and stored by electronic means, provided that the security of the contents is secured and the signature is identifiable. 1.2. Contracting Authority The contracting authority is the Ministry of Transport and Communication, with address at Str. Dame Gruev No 6, 1000, Skopje, contact telephone number (02) 3 145 407, fax (02) 3 126 162, e-mail: [email protected] and [email protected]. 1.3. Subject of the Public Procurement Contract The subject of the public procurement of services shall be performing of supervision over the construction of the gas pipeline of the Republic of Macednia, lot 1, section: Klechovce-Shtip-Negotino, and preparation of


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monthly reports for the performed supervision over the construction and preparation of a final report for conducted construction supervision. Detailed description of the contract subject is provided in Attachment 1 Technical specifications (specifics of works). The contract subject is not divisible. The tenderer shall include all integral parts in their tender. Otherwise, the tender shall be considered as unacceptable. The auction subject shall be the total price including all costs and discounts, VAT excluded for the overall procurement volume, inclusive of all integral parts of the procurement. Detailed description of the contract subject is provided in Part IV Technical specifications (specifics of works) which represents an integral part of the tender documentation. 1.4. Method of Communication Every request, information, notification and other documents in the procedure shall be sent in an electronic form through the ESPP (https://www.e-nabavki.gov.mk). Each document shall be recorded at the time when it is sent, i.e. at the time when it is received The tender and the accompanying documentation are sent in an electronic form through the ESPP, except for the tender guarantee which must be sent in original and should be delivered to the archive office of the Ministry of Transport and Communications by the date and hour defined as deadline for submission of tenders. The manner of submission of the tender and the accompanying documentation is defined in sub-item 7.8 of the tender documentation. 1.5. Type of Procedure for Awarding a Public Procurement Contract The public procurement contract shall be awarded through an open procedure ending with an electronic auction as final phase of the procedure. This procedure shall be carried out by using electronic means through the Electronic System for Public Procurement (https://www.e-nabavki.gov.mk). This procedure shall end with an electronic auction. 1.6.More detailed information on the usage of electronic means In order to be eligible to participate in the procedure, it is necessary to register in the ESPP and to possess a digital certificate. The registration in the ESPP is free-of-charge. The economic operator shall be registered in the ESPP by filling-in the registration form which is an integral part of the ESPP2, which is followed by an automatic ESPP data processing from the registration form, generation of a code and its subsequent submission to the registered email of the electronic operator. The Manual for using the ESPP intended for economic operators, available at the homepage of the ESPP in the part Economic Operators contains more detailed information about the manner of registration and utilization of the system. 1.7. More detailed information on the electronic auction The Contracting Authority shall use the electronic auction as the final phase in the open procedure. The subject of the auction is the total price of the public contract subject, that is, the lowest price out of the acceptable tenders submitted in the initial phase of the procedure. The request for participation at the auction

2 Link Register in the part Economic Operators, homepage of ESPP.


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shall be electronically delivered through the ESPP following the complete evaluation of the initial tenders, to all economic operators who have submitted acceptable tenders in the first phase of the procedure.

Following the complete evaluation of the initial tenders and the approval of the initial ranking list, an automatic notification shall be sent through the ESPP to the registered e-mail address of each economic operator who is not qualified for participation at the electronic auction, whereas the qualified tenderers for participation at the auction shall be directly submitted with a Request for participation at the auction.

The request for participation at the auction shall contain the following data: initial auction price, that is the lowest price of the initially submitted tenders; date and hour of commencement and closing of the auction; the interval within which the negative bidding shall be carried out (minimal and maximal difference in offered prices); as well as the current rank of the tenderer made on the basis of the initially submitted price. The reached total price at the electronic auction, including all costs and discounts, VAT excluded, for the contract subject, shall involve proportional reduction of prices for each position of the public procurement contract subject. 1.8. Applicable Regulations The tender documentation is prepared in accordance with the Law on Public Procurement and the adopted bylaws, as follows:

- Law on Public Procurement (Official Gazette of the Republic of Macedonia No 136/07, 130/08, 97/2010, 53/2011, 185/2011, 15/2013 and 148/2013);

- Rulebook on the content of the tender documentation (Official Gazette of the Republic of Macedonia No 19/08) and

- Methodology on expressing contract award criteria in points (Official Gazette of the Republic of Macedonia No 41/08).

This procedure shall be implemented in accordance with the Public Procurement Law (Official Gazette of the Republic of Macedonia No 136/07, 130/08, 97/2010, 53/2011, 185/2011, 15/2013 and 148/2013) and the corresponding adopted bylaws, as follows:

- Rulebook on the procedure for opening of tenders and the form for keeping minutes for tender opening Law (Official Gazette of the Republic of Macedonia No154/07);

- Rulebook on the form and content of notices and notifications for public procurement contract award Law (Official Gazette of the Republic of Macedonia No 161/09) and

- Rulebook on the manner of usage of the electronic public procurement system Law (Official Gazette of the Republic of Macedonia No 57/2013 and 69/2013).

When preparing their tender, the tenderer should have in mind the applicable regulations in the area of taxes and other public dues, employment relations, working conditions and safety at work, construction and designing, and other regulations relevant for the contract subject. All regulations are available in the relevant editions of the Official Gazette of the Republic of Macedonia. The tenderer may obtain additional information with respect to the applicable regulations in the abovementioned areas, from the Public Revenue Office, the Customs Administration and the Ministry of Finance (about taxes and other public dues), the Ministry of Labor and Social Policy (about employment relations, working conditions and safety at work) and the Ministry of Transport and Communications (on construction and designing). The contracting authority shall consider that the tenderers have carefully studied and have been introduced to the applicable regulations for implementation of the public procurement procedures. 1.9. Language of availability of the tender documentation The tender documentation is prepared in Macedonian language.


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1.10. Prevention of conflict of interest The provisions from the Law on Prevention of Conflicts of Interests shall appropriately apply to prevent conflicts of interests in the procedure for awarding a public procurement contract. The contractor may not, while executing the public procurement contract, engage persons who have been involved in evaluation of the tenders submitted in the procedure for awarding a public procurement contract, during the validity period of the contract. In that case, the contract shall be deemed null and void. The contracting authority and the tenderers shall be obliged to abide by the legislation that regulates this matter and by the highest standards for ethical behaviour during the procurement procedure implementation and contract realisation. 1.11. Confidential Information The Contracting Authority shall protect the information that the economic operator has indicated as confidential, especially when dealing with trade secrets or intellectual property rights, except in the cases where, by law, the Contracting Authority is obliged to submit this information to the competent authorities (in the event of an appeals procedure, instigation of an administrative dispute, etc.). For that purpose, the economic operator should make a list of confidential information using the Form for the list of confidential information provided in Part II.2 of the tender documentation, and to submit this list together with the tender. If the economic operator fails to submit the list of confidential information together with the tender, the Contracting Authority shall deem that the tender in question does not contain any confidential information. The price of the tender shall never be considered as confidential information. 1.12. Site Visit Site visit for the procurement subject is not envisaged in this procedure. It shall be considered that the tenderers have visited and carefully examined the locality; have examined the nature of existing facilities in the vicinity, roads and other objects for transport, as well as the various potential access obstacles; have examined and checked the existing material supply sources, necessary energy and water, as well as all other circumstances that might impact the realisation of the procurement in subject; have been familiarised with the obligations for payment of taxes, fees and other charges prescribed by law and other regulations of the state authorities and administration; have studied the overall tender documentation and have obtained all necessary information that might have an impact on the realisation of works. If the tenderers shall fail to obtain all required information that shall have an impact on the Contract realisation, it shall not release them from any responsibility and risk in the realisation of works. It shall be considered that the tenderers have successfully examined the existing situation and have obtained the necessary data for meeting all requirements for the purposes of realisation of the Contract obligations. 2. RIGHT TO PARTICIPATE, TIMEFRAMES, CAPABILITY OF ECONOMIC OPERATORS, CRITERIA PROVING THE CAPABILITY AND MANNER OF PROVING THE CAPABILITY OF THE ECONOMIC OPERATORS IN THE CONTRACT AWARD PROCEDURE 2.1. RIGHT TO PARTICIPATE Any economic operator is entitled to participate independently or as a member of a group of economic operators in the contract award procedure. Any interested domestic or foreign legal entity or natural person tenderer, registered to perform the activity related to the public procurement subject, that possesses a License A for supervision of construction of category one buildings, License A for designing category one buildings and License A for project documentation revision and which through the ESPP has acquired the tender documentation from the contracting authority, shall have the right to submit a tender. Group of tenderers shall also have the right to submit a tender without the obligation to be associated in the appropriate legal form.


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The contracting authority may ask the group of tenderers to be associated in a special legal form if the same is chosen as contractor, for the purposes of contract realisation. The group of tenderers shall appoint a representative that will have the authority to perform all business activities for and on behalf of any of the parties and all of the parties from the group of tenderers during the procedure for awarding the public procurement contract and during the execution of the contract, if the group is selected to be the contractor. In the event of a tender submitted by a group of tenderers, the representative of the group should, together with the tender, submit an electronic authorization signed by a digital certificate of all of the members of the group of tenderers authorising the representative to submit the tender and undertake all rights and obligations on their behalf and on their account. All members of the group of tenderers shall be severally and jointly accountable before the Contracting Authority for the performance of their obligations. The Contracting Authority shall communicate with the representative of the group of tenderers The economic operator, within the frames of the same public contract award procedure, can participate only with one tender. All tenders shall be rejected if the economic operator:

- participates in more than one individual tender and/or as a member of a group tender, or - participates as a subcontractor in another individual tender and/or as a member of a group tender.

The economic operator may participate as a subcontractor in more than one tender. The tenderer may engage subcontractors. If the economic and financial circumstances, as well as the technical and professional capability of the tenderer are not supported by other entities, in the form of subcontractors, the tenderer shall have no obligation to submit documentation confirming the capability of the subcontractors. In all other cases, articles 151 and 154 of the Public Procurement Law shall apply, irrespective of whether the other entities participate as subcontractors or not. If the economic operator shall, in the contract award procedure, engage subcontractors, the economic operator shall be obliged to indicate in their tender the data on the part of the contract the one intends to give to subcontractors, as well as data on all proposed subcontractors (company, address, unique tax number, etc.). The tenderer shall be liable in front of the contracting authority for the public procurement contract realisation, regardless of the number of subcontractors. The persons that participated in the preparation of the tender documentation may not be tenderers or members of a group of tenderers in a procedure for awarding the contract. 2.2. TIMEFRAMES 2.2.1. Deadline for submission of tenders The deadline for submission of tenders is 25.04.2014, by 1100 hours. Tenders shall be submitted through the ESPP available at the following address: https://www.e-nabavki.gov.mk. Tenders which shall be submitted after the expiry of the deadline for submission of tenders shall not be accepted in the ESPP, that is, they shall be automatically rejected; both, the contracting authority and the respective economic operator shall be informed on the event and such tenders shall not be presented at the public tender opening 2.2.2. Tender Validity Tenders shall be valid at least 120 days as of the date of tender opening.


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Tenders valid for a shorter period than the envisaged one shall be rejected by the contracting authority as a tender that does not meet the requirements. 2.2.3. Timeframe for Realisation of Services The timeframe for realisation of the service for performing supervision over the construction shall commence on the day after the date when the contracting authority provided access to, and possession of, the site for the contractor. The contractor shall be obliged to perform the service pertaining to the supervision over the construction of the gas pipeline of the Republic of Macedonia, lot 1, section: Klechovce-Shtip-Negotino in a continuous manner till the final completion of the works relating to the construction of the subject building by the Contractors. Note: The timeframe for realisation of works shall commence on the date when the contracting authority provided access to, and possession of, the site for the contractor, and shall end with the submission of the final report. The contractor shall be obliged, while performing supervision over the construction, to prepare written Monthly reports on the performed supervision, and following the completion of construction works, to prepare a written Final Report on the performed supervision. The timeframe for preparation of the monthly reports for the performed supervision over the construction shall commence on the day following the last day of the current month. The contractor shall be obliged to prepare the monthly reports on the performed supervision within 3 working days, at the latest. The timeframe for preparation of the Final Report on the performed supervision shall commence on the day following the date registered in the construction logbook, as a date of finalisation of the construction. The contractor shall be obliged to prepare the Final Report on the performed supervision within 5 working days, at the latest. The timeframes for realisation of services subject to the public procurement contract shall be mandatory for the selected contractor. 2.2.4. Timeframe, Manner and Method for Payment It is envisaged that the payment method shall be by bank transfer within 30 days as of the receipt of signed and verified invoices, submitted at the archive office of the contracting authority on actually performed services. The payment shall be made on the basis of man/month defined rates, regardless of the realised working hours during the month, in accordance with the following dynamics:

- in 2014 25.000.000,00 denars, VAT included, at the most - in 2015 40.000.000,00 denars, VAT included, at the most - in 2016 38.486.000,00 denars, VAT included, at the most

The method of payment of the services subject to the public procurement contract shall be mandatory for the selected contractor. Each tender that contains a payment method that differs from the one indicated in sub-item 14.1, shall be considered as unacceptable and as such, shall be rejected by the Public Procurement Commission. 2.3. CAPABILITY OF THE ECONOMIC OPERATORS 2.3.1. The tender of the economic operator must be accompanied by accompanying documentation which shall be used to prove the following:

- Personal standing, - Capability to perform a professional activity, - Economic and financial standing, - Technical or professional capability and - Quality system standards.


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2.3.2. The accompanying documentation, that is documents, such as certificates, credentials and authentications issued by other state bodies or legal entities, can be submitted in hard copy, only if the same are not available in electronic form (scanned). Available means that those documents are not issued in source electronic form, that is that the electronic operator cannot convert them through scanning into an electronic form. The required accompanying documentation that is not available in electronic forms shall be submitted in hard copy in a sealed internal envelope stating the full name and address of the economic operator, by the deadline for opening of the tenders, at the latest. The sealed internal envelope shall be placed in an outer envelope which:

- is addressed with the exact address of the contracting authority;

- contains information on the number of the public procurement contract award notice and the respective contract notice date;

- the upper left corner contains the words Do not open, so that the envelope shall not be opened before the set time and date for opening of the tenders.

2.3.3. While verifying the completeness and the validity of the documentation for determining the capability of the economic operator, and while evaluating the tender, the commission may request from the economic operators to clarify or supplement the documents, in the case of minor deviations from the requested documentation. The contracting authority shall not create advantage in favour of a particular economic operator by using the requested explanation or supplementing. 2.3.4. The requested explanations have to be submitted by the economic operator in an electronic form, through the ESPP, by attaching the document containing the clarification or the additional information in the part Clarification/Supplementing of submitted tenders, within the timeframe set by the contracting authority. 2.3.5. No changes to the tender, except for correction of arithmetic errors may be requested, offered or allowed by the commission or by the economic operator. 2.4. CRITERIA PROVING THE CAPABILITY OF THE ECONOMIC OPERATORS For the purposes of participating in the contract award procedure, the economic operators must meet the following criteria for proving their capability. 2.4.1. Personal Standing The criteria proving the personal standing of the economic operators are as follows:

- within the last 5 (five) years, the economic operator has not had a legally effective judgment pronounced against it for participation in a criminal organization, corruption, fraud or money laundering!"#$;

- the economic operator is not subject to a bankruptcy procedure; - the economic operator is not subject to a liquidation procedure; - the economic operator has no unpaid taxes, contributions or other public dues, except if the

economic operator was granted deferred payment of taxes, contributions or other public dues in accordance with the special regulations and is paying the same on a regular basis;

- the economic operator has not been pronounced with a second penalty prohibiting the participation in public procedures, public procurement contract awarding and public private partnership contracts;

- the economic operator has not been pronounced with a second penalty for temporary or permanent prohibition for performing of a certain activity, and

- the economic operator has not been pronounced with a misdemeanour sanction prohibition to perform a profession, activity or duty, that is, a temporary prohibition to perform a certain activity.


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The economic operator is obliged to provide accurate data and to submit the data requested by the contracting authority. 2.4.2. Capability to Perform a Professional Activity The criteria for proving the capability to perform a professional activity of the economic operators are as follows: - The tenderer shall be registered as a natural or a legal entity for performing the activity related to the contract subject or to be part of a relevant professional association in accordance with the regulations of the country of registration. - The economic operator shall possess a License A for supervision of construction of category one buildings, License A for designing category one buildings, and License A for revision of project documentation 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 and 28/2014) 2.4.3. Economic and Financial Standing The criteria for proving the economic and financial standing of the economic operators are as follows:

- balance sheet of the economic operator for the last three years, and - excerpt of the total turnover of the economic operator for the last three years.

2.4.4. Technical or Professional Capability The criteria for proving the technical or professional capability of the economic operators are as follows:

- list of same or similar services performed in the last three years; - educational and professional qualifications of the professional personnel responsible for realisation

of the specific services; - engaged technical personnel, regardless whether it directly belongs to the tenderer, and - technical equipment and capacity of the tenderer, as well as for the other capabilities available to

them for the purposes of realisation of the specific services. 2.4.5. Quality System Standards The works shall be performed in accordance with the standards, norms, regulations and the technical legislation for such type of works. 2.5. MANNER OF PROVING THE CAPABILITY OF THE ECONOMIC OPERATORS In order to prove its capability, the economic operator shall provide and submit the following documents together with the tender: 2.5.1. To prove the personal standing

- statement of the economic operator that, within the last five years, it has not had any legally effective judgment for participation in a criminal organization, corruption, fraud or money laundering, pronounced against it; (this statement shall be electronically signed by the head person or a person authorised by them by using a digital certificate and attached through the ESPP)

- 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 the country where the economic operator is registered;

- confirmation from the Registry of penalties for committed criminal acts of the legal entities that it was 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;


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- 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 misdemeanor 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 (six) 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 (five) 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, except if the economic operator was granted

deferred payment of taxes, contributions or other public dues in accordance with the special regulations and is paying the same on a regular basis;


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- 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 a certain activity;

- has a misdemeanor sanction involving prohibition to perform a profession, activity or duty, or temporary prohibition to perform a specific activity, and

- gives false information or fails to submit the data requested by the contracting authority. 2.5.2. To prove the capability to perform the professional activity

- the economic operator shall be obliged to provide a document for registered activity as proof for being registered as a legal entity for performing the activity related to the contract subject or proof for being a part of a relevant professional association in accordance with the regulations of the country of registration, and

- the economic operator shall possess a License A for supervision of construction of category one buildings, License A for designing category one buildings, and License A for revision of project documentation 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 and 28/2014).

2.5.3. To prove the economic and financial standing

- balance sheet report verified by a competent body, or a revised balance sheet, or excerpts of the balance sheet report, in cases when the balance sheet publishing is prescribed by law in the country of registration of the economic operator for the last three years, and

- excerpt of the total turnover of the economic operator enterprise (the profit and loss account data issued by a competent body, or an audited profit and loss account) for the last three years.

If the balance sheet and the profit and loss account have been subjected to commercial audit, the economic operator may submit them as proof of fulfilment of the minimum requirement for determining the economic and financial standing, even if the same are not verified by a competent authority. If the balance sheet and the profit and loss account have not been subjected to a commercial audit, the economic operator shall submit them verified, i.e. issued by a competent authority as proof of fulfilment of the minimum requirement for determining the economic and financial circumstances. The Central Registry of RM is the competent authority in the Republic of Macedonia. The economic and financial circumstances of the respective economic operator can be supported by another entity, irrespective of the legal relations between the economic operator and such other entity. If the respective economic operator shall prove its economic and financial circumstances by referring to the support from another entity, it shall be bound to prove such support by providing valid evidence that the other entity shall make available the appropriate financial resources to the economic operator. The entity providing the financial support must not have a legally effective judgment related to the participation in a criminal organization, corruption, fraud, or money laundering, pronounced against it In the case when economic operators shall submit a tender as a group of economic operators, the economic and the financial standing shall be proven on the basis of the resources of all members of such group. Provided that the group of economic operators shall participate with financial assistance from a third entity, the economic and the financial standing shall be established on the basis of the aforementioned, that is, in accordance with Article 151, paragraph 2 of the Law on Public Procurement. 2.5.4. To prove the technical or professional capability

- list of same or similar services performed in the last three years; - educational and professional qualifications of the professional personnel responsible for realisation

of the specific services; - engaged technical personnel, regardless whether it directly belongs to the tenderer, and


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- technical equipment and capacity of the tenderer, as well as for the other potentials available to it for the purposes of realisation of the specific services.

The technical and professional capability of the respective economic operator can be supported by another entity, irrespective of the legal relations between the economic operator and such other entity. If the respective economic operator shall prove its technical and professional capability by referring to the support from another entity, it shall be bound to prove such support by providing valid evidence that the other entity shall make available the appropriate technical and professional resources to the economic operator. The entity providing the technical or professional support must not have a legally effective judgment related to the participation in a criminal organization, corruption, fraud, or money laundering, pronounced against it If the economic operators submit a tender as a group of economic operators, the technical and professional capability is proven by taking into consideration the resources of all group members. If the group of economic operators has technical or professional support by a third entity, or third entities, the technical and professional capability shall be determined in accordance with the afore-stated, that is, in accordance with Article 154, paragraph 2 of the Law on Public Procurement. 2.5.5. Quality System Standards and Environment Management

- Quality system standards: ISO 9001:2008 - Environment management standards: ISO 14001:2004 - Health and safety standards OHSAS 18001:2007

To prove the capability of the economic operators, the economic operators must use the Form for proving the capability of economic operators, provided in Part II.4 of the tender documentation. 3. MINIMAL CRITERIA PROVING THE CAPABILITY OF THE ECONOMIC OPERATORS In order to participate in the procedure, the economic operator shall comply with the following minimal criteria proving the capability: 3.1. Minimal criteria proving the economic and financial standing

- positive financial report; and - minimal annual turnover of 3.000.000 euros in the last three years (for each year separately)

3.2. Minimal criteria proving the technical or professional capability

- the tenderer shall have at least 7 (seven) years professional working experience in the field of supervision, designing or revision of gas pipelines or similar line facilities steel pipelines (proof List of services of the tenderer completed in the last 7 years by submission of a contract or a confirmation for the performed services issued by the recipients;

- at least 100 (a hundred) employees (to submit M1/M2 forms as proof or a list of the competent institution not older than 10 days).

- at least 35 (thirty five) employed engineers (to submit M1/M2 forms as proof), with A authorization for performing supervision over the construction of buildings in the field of civil engineering, geotechnics, geodesy, environment, mechanical engineering or electrotechnology.

- at least 20 (twenty) employed engineers (to submit M1/M2 forms as proof), with A authorization for designing buildings in the field of civil engineering, geotechnics, geodesy, environment, mechanical engineering or electrotechnology.

Technical equipment:

- Accreditation certificate of laboratory MKS ISO/IEC 17025:2006 for construction materials (copy of certificates).

- Minimum 10 motor vehicles not older than 5 years in ownership of the economic operator (copy of valid vehicle registration documents).


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- Statement for technical equipment and capacity of the economic operator and the other capabilities available to it for the purposes of realisation of the specific services and quality ensuring.

Technical personnel

The Supervising entity should provide an adequate team/personnel for the purposes of providing the services indicated in this programme regardless whether the same belong to the economic operator, as follows: #/ KEY PERSONNEL AND QUALIFICATIONS OF THE SUPERVISING ENTITY PERSONNEL The Supervising entity should provide all persons declared to perform supervision with an appropriate authorisation to perform supervision category A for relevant areas issued by the Chamber of authorised architects and authorised engineers or a relevant confirmation issued by the Chamber. In addition, for certain specific issues, it is foreseen that the supervision shall also have other certificates and licenses. The structure of the team for supervision and the main qualifications are presented in the following table:

Position in the operation supervision team

Qualifications

Chief supervision engineer Civil or mechanical engineer with working experience of at least 10 years in the field, with the appropriate authorisation to perform category A supervision.

At least 2 (two) executive officers Assistant supervising engineer

Civil or mechanical engineer with working experience of at least 10 years in the field, with the appropriate authorisation to perform category A supervision

Responsible supervising engineer, civil engineering phase, responsible for quality of materials (concrete, steel, other)

Civil engineer with working experience of at least 7 years in the field, with the appropriate authorisation to perform category A supervision in the civil engineering field

Responsible supervising engineer, civil engineering phase, responsible for control of works pertaining to water streams, roads and other infrastructure

Civil engineer with working experience of at least 7 years in the field, with the appropriate authorisation to perform category A supervision in the civil engineering field, specialization hydrotechnical engineering

Responsible supervising engineer, civil engineering phase, responsible for control of works when building accompanying facilities

Civil engineer with working experience of at least 7 years in the field, with the appropriate authorisation to perform category A supervision in the civil engineering field

At least 3 (three) responsible mechanical engineers

At least 5 (five) years of working experience with valid license A for supervision

At least 4 (four) executive officers, mechanical engineers or mechanical technicians

The persons shall possess certificates for NDT testing in accordance with EN473/ISO 9712 and PED 97/23/EC and can be mechanical engineers or mechanical technicians with NDT testing certificates in accordance with EN473/ISO 9712 and PED 97/23/EC, as follows: Radiographic testing (RT), Ultrasound testing (UT)

1 executive officer, Visual testing (VT), Magnetic flux (MT) 1

executive officer, Ultrasound thickness testing (UTT) 1

executive officer,


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Penetration testing (PT) 1 executive officer

At least 3 (three) executive officers, survey engineers

Survey engineer with working experience of at least 5 years in the field, with appropriate authorisation to perform category A supervision for the geodesy area

At least 2 (two) executive officers, engineers with authorizations in the field of geotechnics

Civil, geological or geotechnical engineers with working experience of at least 5 years in the field with appropriate authorisation to perform category A supervision in the field of geotechnics

At least 1 (one) executive officer, electrical engineer

Electrical engineer working experience of at least 5 years in the field, with appropriate authorisation to perform category A supervision in the field of electrotechnology

At least 1 (one) executive officer, environment engineer

Environment, mechanical or civil engineer with authorisation to perform category A supervision in the field of environment

Technical support personnel, (two executive officers)

Technical person for documentation, correspondence and translation, engineer, IT person or person with secondary education with knowledge of MS Office and Autocad

B/ Expert support team

The expert support team should provide the complete expert and professional support to the field (operational) supervising team. The members of the expert support team should possess high level of theoretical and practical knowledge in various technical and other areas necessary for the purposes of Project realization. Within this team, as a minimum, the following experts per areas should be included:

Position in the expert team Qualifications Civil engineering, two responsible persons obliged to at least twice a week, and more if necessary and on call, perform a control of the facility

Civil engineers with a working experience of at least 10 years in the field, minimum master of technical science, of which one mandatory PhD of technical science with the appropriate authorisation to perform category A supervision and authorisation for category A designing, civil engineering field

Geotechnics, two responsible persons obliged to at least once a week, and more if necessary and on call, perform a control of the basic gas pipeline zone

Civil engineer with a working experience of at least 8 years in the field, with an authorisation to perform category A supervision and authorisation for category A designing, geotechnics field

Geology, one responsible person, obliged to at least once a week, and more if necessary and on call, perform a control of the basic gas pipeline zone

Geological engineer, with a working experience of at least 10 years in the field, with appropriate authorisation to perform category A supervision and authorisation for category A designing, geotechnics field, as well as a license to prepare geological documentation

Geodesy, one responsible person, obliged to at least once a week, and more if necessary and on call, perform a control of the geodetic measurements

Survey engineer with a working experience of at least 5 years in the field, with the appropriate authorisation to perform geodetic works, issued by the Chamber of authorised land surveyors, and with the appropriate authorisation to perform category A supervision and authorisation for category A designing, geodesy field, minimum master of technical sciences

Mechanical engineering, two responsible Mechanical engineer with working experience of


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persons obliged to at least twice a week, and more if necessary and on call, perform control of the facility

minimum 10 years in the field with the appropriate authorisation to perform category A supervision and authorisation for category A designing, mechanical engineering field, minimum master of technical sciences

Electrical engineering, one responsible person obliged to at least once a week, and more if necessary and on call, perform control of the facility

Electrical engineer, with working experience of minimum 10 years in the field with the appropriate authorisation to perform category A supervision and authorisation for category A designing, electrical engineering field, minimum master of technical sciences

Environment, one responsible person obliged to at least once a week, and more if necessary and on call, perform control of the facility

Engineer, with working experience of at least 5 years in the field with Certificate for passed professional exam for Environment project impact assessment, minimum master of technical sciences

Apart from the working experience, authorisations and certificates, the personnel that comprises the

expert team, in accordance with the position for which the same were proposed, should also have experience on works of similar nature (supervision and designing of gas pipeline systems and line facilities pipelines). 4. CONTRACT AWARD CRITERION The criterion for the public procurement contract award is:

- The lowest price The economic operator that offered the lowest price during the electronic auction and whose tender had been previously assessed as acceptable shall be selected as the contractor. In the procedure that ends with an electronic auction, the tenders are not scored, but only the tenderers are ranked according to the amount of offered prices. 5. TECHNICAL SPECIFICATIONS (SPECIFICS OF WORKS) The technical specifications (specifics of works) of the procurement subject are provided in Part IV of the tender documentation. 6. CLARIFICATION, AMENDMENT AND SUPPLEMENTING OF THE TENDER DOCUMENTATION 6.1. Tender Documents Clarification The respective economic operator may ask the contracting authority for clarification of the tender documentation, exclusively electronically using the ESPP, via the Question and Answers module, at the latest 6 days prior the final deadline for tender submission. The contracting authority shall submit the clarification via the ESPP, using the module Questions and answers, after which all economic operators having downloaded the tender documentation shall be automatically informed that there is answer to the question and shall have access to the clarification, without having access to the identity of the economic operator having requested the relevant clarification. 6.2. Amendment and Supplementing of the Tender Documentation The contracting authority shall reserve the right to, no later than six days before the expiration of the deadline for submission of tenders, on its own initiative or on the basis of questions for clarification submitted by the economic operators, to make modification or supplement the tender documentation, about which it shall inform all economic operators that have obtained the tender documentation.


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In case of amending of the tender documentation, the contracting authority can extend the deadline for tender submission on request submitted by the respective economic operator (if justified reasons exist) and it shall allow at least 5 business days for submission of tenders after having disclosed the clarifications/amendments to the economic operators. In case of amendments and supplementing of the tender documentation, as well as extending of the deadline, the contracting authority shall be obligated to send notification in electronic form, using the ESPP, informing all economic operators that have downloaded the tender documentation until the moment of the occurrence of the amendment or the supplement and publish the amendment using the ESPP. 7. PREPARATION AND SUBMISSION OF TENDERS 7.1. Contents of the Tender Tenders should be prepared on the basis of the original tender documentation in electronic form, except for those elements which can be submitted in original hard copies according to the rules of the tender documentation, and should be composed of the following elements:

- Completed form of tender composed of general part and financial proposal, provided in Part II.1 of the tender documents;

- Documents establishing the personal standing listed in sub-item 2.5.1 of the tender documents; - Documents establishing the capacity for performing of professional activity referred to in sub-item

2.5.2 of the tender documentation; - Proofs establishing the economical and financial standing listed in item 2.5.3 of the tender

documentation; - Proofs establishing the technical and professional capacity referred to in sub-item 2.5.4 of the tender

documentation; - Completed form of the list of classified information provided in Part II.2 of the tender documentation

(if no classified information exist, the form does not have to be filled in and submitted); - Completed form of the statement by which the economic operator accepts the Notice requirements,

provided in Part II.3 of the tender documentation; - Completed form for proving the capability of the economic operators with the necessary attachments,

provided in Part II.4 of the tender documentation; - Tender guarantee, provided in Part II.5 of the tender documentation; - Written authorisation for the representative of the group of economic operators (only for group of

economic operators). The economic operators may use the electronic forms provided by the contracting authority or can prepared them by themselves, provided that the same do not differ from the contents of the forms provided with the tender documentation; otherwise, the tender can be rejected as unacceptable. The tender is obligatory for the entire validity period set by the contracting authority. 7.2. Language of the tender Both, the tender and the complete correspondence and documents related to the tender and exchanged with the tenderer shall be in Macedonian language by using its Cyrillic alphabet. The tender shall be submitted in Macedonian language. The accompanying literature may be in another language. During the tender evaluation stage, the contracting authority shall reserve the right to ask the tenderers to translate the printed literature that had been originally submitted in a different language. 7.3. Price of tenders The tender price shall be expressed in denars. The tender price shall be written in numbers and letters. The price shall be fixed and valid till the complete contract realisation.


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The economic operator shall include the price in the financial proposal for each individual part. The offered price shall include all expenses and discounts of the economic operator and shall be without value added tax, which is separately indicated. The respective electronic operator shall obligatorily enter the tender price in the ESPP as well, using the online form Submit tender/request to participate, tab Tender information, in the field for entering the price for each part individually, that is, for the part it registers for. The price shall be expressed in numbers and in denars for each part, that is, for the part of the contract subject for which the tender is submitted, in the form of the electronic public procurement system (ESPP). The price to be entered in the electronic form shall be the total price for the part for which the tender is submitted (total price of the tender + customs duties). If the respective tender price is unusually low and largely deviates from the actual market price which causes concerns regarding the contract realisation, the contracting authority shall ask the economic operator, before rejecting the tender, for a written explanation on the tender details which it considers as important and shall check the evidences submitted as justification for such a tender price. If the economic operator shall fail to provide electronically submitted explanation using the ESPP, via the module Explanation/supplementing of submitted documents, as to the reasons for such tender price within 3 days as of the date of submitting of the request, or if the Commission shall fail to accept such reasons, the tender shall be rejected In cases of abnormally low tender prices, regarding the estimated procurement value, the contracting authority shall act in accordance with Article 163 and Article 164 of the Law on Public Procurement. 7.4. Tender Currency The tender currency shall be denars. 7.5. Validity Period of Tenders Tenders shall be valid at least 120 days as of the day set as deadline for submission of tenders, and the tender, in all its components, shall be obligatory for the tenderer during its entire validity If the day of opening of tenders shall not be a business day, the period of validity of tenders shall start as of the first business day coming after the one when the tenders were opened. The tender with validity period shorter than the envisaged one shall be rejected by the contracting authority as a tender which does not meet the requirements. If the contracting authority shall establish it to be necessary, it can ask the respective tenderer to extend the validity period of the tender. 7.6. Tender Guarantee

As part of the tender, the respective economic operator shall obligatory provide tender guarantee amounting 3% of the total value of the respective tender, VAT excluded. Tender guarantees shall be in the form of a bank guarantee. The tender guarantee should also be submitted in its original form in the procedures which are being implemented electronically. Copies shall not be accepted. The bank guarantee shall be issued by a bank acceptable for the contracting authority, by using the Tender Guarantee Form, provided in Part II.5 of the tender documentation. The contracting authority may invoke the tender guarantee, if the economic operator:

- withdraws its tender prior the expiry of its validity;


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- fails to accept the correction of arithmetic errors by the commission; - fails to sign the public procurement contract, and - fails to provide the guarantee for quality contract realisation.

The tender guarantee validity shall be at least 14 days as of the date of expiry of tender validity Each tender which shall fail to contain a tender guarantee or shall contain a tender guarantee which is not in line with the requirements referred to in the tender documentation shall be rejected by the contracting authority as unacceptable. In exceptional cases, the contracting authority may request the tenderers for continuation of the tender guarantee validity period. The tender guarantee of the unsuccessful economic operators shall be returned within 7 days as of the date of the conclusion of the contract with the most advantageous economic operator. The tender guarantee of the economic operator, whose tender was selected as the most advantageous one, shall be returned to it after it signs the public procurement contract and submits a performance guarantee. The tender guarantee shall be submitted to the archive of the Ministry of Transport and Communication by the date and hour set out as deadline for submission of tenders. 7.7. Form and Signing of Tenders Tenders shall be submitted in an electronic form by using the ESPP system and they should be electronically signed using a digital certificate of the head person of the respective economic operator or of the person authorised by it. If the tender shall be signed by person authorised by the head person, the tender should include an authorisation for signing of the tender signed by the head person. Additional information on the manner of digital signing are contained in Annex 1 of the Guideline for using the ESPP published on the home page of the ESPP in the section Economic Operators Tenders shall be signed electronically, using a digital certificate which shall be issued by certificates issuing entity registered with the Ministry of Finance of the Republic of Macedonia (Currently, KIBS and Macedonian Telecom). Foreign economic operators can electronically sign tenders using a qualified digital certificate issued by registered certificates issuing entity with registered address in the European Union. In case of usage of qualified certificate issued by an issuing entity with registered address in third country, the certificate shall be considered as valid if one of the following 3 requirements has been met:

- The issuing entity meets the requirements for qualified certificate in line with the Law on Data in Electronic Form and Electronic Signature (Official Gazette of the Republic of Macedonia no. 34/01, 6/02 and 98/08) and is voluntarily accredited in the European Union; or

- Registered domestic issuing entity guarantees for the foreign certificate as if it has itself issued the certificate; or

- If it has been so agreed on the basis of bilateral or multilateral international agreement concluded between the Republic of Macedonia and other country or international organisation.

The Commission shall reserve the right to ask for additional information or documents which shall establish the validity of the certificate, if it is shall doubt the validity of the certificate which has been used or the issuing entity of the certificate. The holder of the digital certificate used to sign documents which are integral part of the tender (the financial and the technical proposals, statements) should obligatory be the authorised signatory of the legal entity (the economic operator) or a person authorised by the authorised signatory. Although for a person who is not an authorised signatory of the economic operator to be issued a certificate it is necessary for him/her to submit an authorisation (power of attorney) issued by an authorised signatory (the manager) of the legal entity, in


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the case when such person - holder of certificate, shall sign a tender, he/she shall be bound to submit the power of attorney as an integral part of the tender Power of attorney shall be considered as valid if it is submitted as follows:

a) in an electronic form signed by using a digital certificate of the manager; b) scanned, bearing the seal and personal signature of the manager; or c) in hard copy, bearing the seal and personal signature of the manager.

Tenders signed by using a digital certificate whose holder is a person who has no authorisation to sign the respective tender shall be rejected as tenders containing formal shortcomings. 7.8. Manner of Submission of Tenders and Accompanying Documentation Tenders may only be submitted by economic operators that have downloaded the tender documentation using the ESPP. The contracting authority can accept tenders from economic operators which have not downloaded the tender documentation via the ESPP; however, it shall not be bound to submit the possible amendments and supplements to the tender documentation to such economic operators. Economic operators shall submit their tenders in an electronic form via the ESPP. Tenders submitted via the ESPP should be electronically signed by the respective economic operator by using a digital certificate issued by a registered issuing entity of certificates in the Republic of Macedonia or a renowned and recognised foreign issuing entity. Economic operators may submit the accompanying documents in hard copy prior to the deadline for electronic submission of tenders, if the same is not available in electronic form, and submit it by mail or personally to the archive of the Ministry of Transport and Communications, in a sealed internal envelope stating the full name and address of the economic operator. The sealed internal envelope shall be placed in an outer envelope which:

- is addressed with the exact address of the contracting authority; - contains information on the number of the public procurement contract award notice and the

respective contract notice date; - the upper left corner contains the words Do not open, so that the envelope shall not be opened

before the set time and date for opening of the tenders 7.9. Costs for Submission of Tenders The economic operator shall bear all the costs related to the preparation and submission of the tender, and the contracting authority shall not be responsible for any such costs irrespective of the course and the outcome of the procedure for awarding a public procurement contract. The costs related to the preparation and submission of tenders shall be burden of the tenderer and shall not be recognised. The tenderer shall bear the risks related to the tender submission, including fore majeure. 7.10. Alternative Tenders No alternative tenders shall be allowed in this procedure for awarding a public procurement contract. 7.11. One Tender Principle One legal entity may submit only one tender, regardless if it submits it individually or as a member of a group of tenderers; otherwise, all tenders including that legal entity shall be rejected. 7.12. Amendment, Replacement and Withdrawal of Tenders, The tenderer may amend, replace or withdraw its tender before the expiry of the deadline for submission of tenders.

Republic of Macedonia Tender documentation Ministry of Transport and Communications ___________________________________________________________________________________________________________________