Date: 4. January 2016
SUBJECT: Responses to questions (1)
To whom it may concern,
we have received, through the Public Procurement Portal, the questions of economic operators relating to
the published tender documentation for the public tender no. SNAGA-48/15 – "Acceptance and
processing of two qualities of solid fuel and digestate as products of processing non-hazardous
waste in the mechanical and biological waste treatment facility of the Ljubljana RWMC for the
period of two years". Below we provide responses and explanations to the questions received.
1.
QUESTION
Point 2.2.4 of the tender documentation (page 11) provides: "The bidder or group of bidders submitting a
joint bid, and all the subcontractors listed in the bid should at the time of submission of the bid, hold all the
necessary permits issued by the competent institutions to collect or perform treatment and transport of
waste which is the subject-matter of the public contract." In light of the above, we understand that the
bidders and/or subcontractors must provide the following permits in order to fulfil the relevant requirements:
1) for the collection OR 2) for the processing AND for the 3) transport of waste. We there believe that a
bidder shall satisfy the tender criteria if it, either alone or together with subcontractors, provides a permit for
1) collecting and 3) transporting OR a permit for 2) processing and 3) transporting?
However, point 3.3
subcontractors) must
mentioned quantities
facilities
and
of the tender documentation (pages 15 and 16) provide that the bidder (or
provide reference orders which prove that the "contractor accepted and processed the
of products in a quality fashion and in accordance with the contractual provisions, in
with
the
same
manner
of
processing
as
offered...".
In the event that it suffices to provide permits for the 1) collection and 3) transport of waste, the bidder (or
subcontractor) may not obtain such reference orders as it alone did not process the waste in question. The
bidder (or subcontractor) can only provide a certificate stating that it accepted from the referring client or
delivered to the referring client certain quantities of products processed by the latter.
Can, therefore, an applicant that (either itself or together with its subcontractors) possesses a permit to
collect or transport the waste subject to the tender apply to the tender? Or must the bid also include a
waste processor (either as the bidder or subcontractor)?
Please clarify and adjust the tender documentation if necessary.
RESPONSE:
We hereby respond to the question by modifying paragraph one of point 2.2.4 of the tender documentation,
which now reads:
"The bidder or group of bidders submitting a joint bid, and all the subcontractors listed in the bid must at
the time of submission of the bid, hold all the necessary permits issued by the competent institutions to
process the waste which is the subject-matter of the public contract, namely from the acceptance of
combustible products to their final treatment."
This means that the bidder itself or the group of bidders, as well as all the subcontractors listed in the bid,
must jointly hold all the necessary permits to process the waste which is the subject-matter of the public
contract, namely from the acceptance of combustible products to their final treatment. The requirement to
provide a reference certificate covering treatment services provided outlined in point 3.4 of the tender
documentation should also be interpreted in accordance with the above.
2.
QUESTION
This question relates to the condition outlined in point 1.1. of the documentation, namely that the bidder
may only submit one bid, either its own bid or as a partner in a joint bid. If a bidder appears in more than
one bid, regardless of whether it appears alone or as a partner in a joint bid, this shall lead to the
disqualification of all the bids in which it appears. In this regard we would like to draw attention to the
decisions of the National Review Commission, which provide that such conditions are inconsistent with the
Public Procurement Act (see e.g. decisions nos. 018-191/2013 and 018-139/2013). We request you remove
this condition from the tender documentation.
RESPONSE:
We hereby respond to the question by modifying point 1.1 of the tender documentation, namely by striking
the penultimate paragraph, which results in the removal of the condition relating to a bidder appearing in
more than one bid.
3.
QUESTION
On page 15 of the documentation you state that the bidder must complete and sign the form 3 to Annex 5.
That form cannot be found in the tender documents! Please clarify.
RESPONSE:
We hereby respond to the question by modifying paragraph three of point 3.4.2. of the tender
documentation, which now reads:
"If the bidder is acting with subcontractors, in Annex 5 the bidder must indicate all subcontractors who will
participate in the implementation of the subject-matter of the public contract, as stated in item 2.1.3 of the
tender documentation, and complete and sign form 2 to Annex 3, while the subcontractors must complete
the forms to Annex 5 and sign Annex 3/2."
These respones were also published on the Public Procurement Portal on 4. January 2016.
Public procurement department
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