Republic of Macedonia
MINISTRY OF TRANSPORT AND COMMUNICATIONS
NOTICE NUMBER 89/2014
OPEN PROCEDURE NO 89/2014
FOR AWARDING A PUBLIC PROCUREMENT CONTRACT FOR SERVICE FOR
PREPARATION OF A FEASIBILITY STUDY ON THE POSSIBILITY FOR SETTING UP, OR
ESTABLISHMENT OF A NATIONAL (REGULAR) AIR CARRIER IN THE REPUBLIC OF
MACEDONIA
TENDER DOCUMENTATION FOR A PROCEDURE CARRIED OUT THROUGH THE ESPP
AND ENDING WITH E-AUCTION
contract award criterion: lowest price
Skopje, October 2014
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Ministry of Transport and Communications
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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) 3 145 524 and (02) 3 145 409, fax (02) 3 226 392, e-mail:
[email protected] and [email protected] needs to procure:
Service for preparation of a feasibility study on the possibility for setting up, or establishment
of a national (regular) air carrier in the Republic of Macedonia
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, 148/2013, 28/2014, 43/2014 and 130/2014), and therefore it published
the notice number 89/2014.
We kindly ask you to submit to us your tender for the above public procurement contract subject no
later than 29.12.2014 at 10.00 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
29.12.2014 at 10.00 hours.
Thank you in advance for your cooperation.
in Skopje,
25.07.2014
________________________________
1
PRESIDENT OF COMMISSION
Electronic means containing the electronic signature which replaces the signature by hand.
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Ministry of Transport and Communications
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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
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
3. CONTRACT AWARD CRITERION
4. TECHNICAL SPECIFICATIONS (SPECIFICS OF WORKS)
4.1. Project programme
5. EXPLANATION, AMENDMENT AND SUPPLEMENTING OF THE TENDER
DOCUMENTATION
5.1. Explanation of the tender documentation
5.2. Amendment and supplementing of the tender documentation
6. PREPARATION AND SUBMISSION OF TENDERS
6.1. Contents of the tender
6.2. Language of the tender
6.3. Tender price
6.4. Tender currency
6.5. Tender validity
6.6. Tender guarantee
6.7. Tender form and signing
6.8. Manner of submission of the tender and accompanying documentation
6.9. Tender submission costs
6.10. Alternative tenders
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6.11. One tender principle
6.12. Amendment, replacement and withdrawal of tender
7. PUBLIC OPENING AND EVALUATION OF TENDERS
7.1. Public opening of tenders
7.2. Confidentiality of the tender evaluation process
7.3. Explanation of tenders
7.4. Correction of arithmetical errors
8. CONTRACT AWARD
8.1. Public procurement contract award
8.2. Notification on the public procurement contract award
8.3. Legal protection
8.4. Conclusion of the public procurement contract award
9. MANDATORY ELEMENTS OF THE PUBLIC PROCUREMENT CONTRACT
9.1. Payment method
9.2. Timeframe and place for realisation of works
9.3. Difference in prices (correction of prices)
9.4. Advance payments
9.5. Performance guarantee
9.6. Elements of the contract arising from the conducted procedure
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) 3 145 524 and (02) 3 145 409, fax (02) 3 226 392, email: [email protected] and [email protected].
1.3. Subject of the Public Procurement Contract
The subject of the public procurement of Service for preparation of a feasibility study on the possibility for
setting up, or establishment of a national (regular) air carrier in the Republic of Macedonia.
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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
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.
2
Link “Register” in the part “Economic Operators, homepage of ESPP.
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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, 148/2013, 28/2014, 43/2014 and 130/2014);
- 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, 148/2013, 28/2014,
43/2014 and 130/2014) 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.
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.
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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.
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.
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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 29.12.2014, by 10.00 hours.
Tenders shall be submitted through the ESPP available at the following address: https://www.enabavki.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.
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 completion of services
The timeframe for completion of phase I shall be 60 days as of the date of signing of the contract.
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The timeframe for completion of phase II shall be 60 days as of the date of submission of the Report I phase.
Note: Phase II of the Feasibility Study shall be realized exclusively in case the analysis of phase I shall
indicate positive economic-financial results, that is, a financial justification of the potential setting up or
establishment of the national (regular) air carrier in the Republic of Macedonia.
2.2.4. Timeframe, manner and conditions for payment
It is envisaged that the payment manner shall be by bank transfer within 30 days as of the receipt of signed
and verified invoices, submitted to the archive office of the contracting authority following the actually
executed services, as follows:
50% of the total contract value shall be paid following the completion of phase I which shall perform
a detailed and complete analysis of: the air transport market (demand, offer, region traffic forecast),
possibility for establishment of new routes and networks, competitiveness of the new national air carrier
against the air carriers present at the market (price, quality, safety, offer of destinations), assessment of the
potential challenges and risks, financial sustainability of the new national air carrier (generation of profit,
loss and financial risks) and the possibility for financial support (subsidies, tax reliefs, etc.) from the
Government in accordance with the valid national regulations, within 30 days as of the receipt of the invoice
in the archive office of the Contracting Authority, accompanied by the Report for completion of the abovestated services, for the year 2014. The analysis shall indicate the existence of an actual economic and
financial justification for establishment or setting up of a national air carrier in the Republic of Macedonia.;
-The remaining part in amount of 50% of the contract value shall be paid by bank transfer or remittance
(valid for foreign tenderers), following the completion of phase II which shall execute a detailed and
complete analysis of all remaining parameters given in the project programme including the (income section
of the model, the model price segment, route structure analysis, fleet structure analysis, aircraft wet leases
and provision of recommendations for re-negotiating some of the contract terms and/or entry into force of a
completely new contract, analysis and definition of partnership scenarios (alliance), technical and operational
diagnosing and financial review), as well as strategic planning of the fleet, routes, network and their
optimization and management, marketing planning, sales and promotion, planning of the employees and
costs, avoidance of risks and dealing with the challengers within 30 days as of the receipt of the invoice in
the archive office of the Contracting Authority, accompanied by the Minutes for acceptance of the Study, in
the year 2015.
The manner for payment of the services subject to the public procurement contract shall be obligatory for the
chosen contractor.
Each tender containing a payment manner that shall differ from the one set out 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,
Technical or professional capability and
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;
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- 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
launderingпари;
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.
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.
2.4.3. Technical or Professional Capability
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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
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;
- 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 subitem 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.
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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;
- 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
2.5.3. To qualify as capable of performing the contract for public procurement in terms of its technical
and professional capability, the economic operator must meet the following minimum requirements:
-
Have at least three (3) contracts for consulting services for the development, reconstruction or
reorganization of capital of national companies.
-
The economic operator shall provide experiences and competent members of the team for consulting
services, which shall consist of at least 5 members and 1 team leader, who shall be obliged to
execute the Public Procurement Contract
- The team members shall possess the following qualifications:
The team leader shall have the following qualifications:
i. Expert with a profile with professional, theoretical and practical knowledge in the field of aviation
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ii. At least (20) twenty years of experience in the aviation, with at least 1 contracts for public private partnership of aviation industry (airports and / or airlines), as a team leader;
b) One expert for airline management, transport engineer with at least 10 years of working
experience with airlines, with proof that the same was part of projects or positions pertaining to
management, network planning, market development and investments in airlines;
c) One economical and financial expert, with at least 10 years of experience regarding the financial
issues of the airlines and the challenges, strategies, competitiveness of the airlines, aviation
services development, scenarios for mergers and takeovers of airlines
d) One expert for aviation networks with at least 5 years of working experience in an airline
including the development of network, growth of destinations, strategies for destinations and
networks, income management, integration of networks of airlines and development of aviation
services
e) One expert for strategic aviation planning with at least 5 years of working experience in the
aviation industry and experience in the field of strategic planning, fleet strategy and feasibility and
finances
f) One expert for air transport forecast with at least 5 years of working experience in the field of
aviation.
The economic operator shall prove the fulfillment of the minimum requirements of subsection 2.5.3 of
the submission:
-
-
-
Profile of the economic operator, organisation and personnel
Reference list of previous consulting services in the period of the last three years on same or similar
project (project title, project beneficiary, date of completion, e-mail address of the project
beneficiary and contact person)
Reference list of the educational and professional qualifications of the personnel of experts included
in the team of consultants who are to execute the subject of this public procurement (with individual
CVs which shall contain at least the following: name, profession, area of expertise, years of
professional experience, planned team position, etc.)
Methodology on the completeness of the rights and obligations, subject to the public procurement
(maximum 10 pages)
The technical and professional capacity of the economic operator can be supported by another entity,
regardless of the legal relations between the economic operator and that particular entity. If the economic
operator shall prove its technical or professional capacity with the support of that other entity, the one shall
be obliged to substantiate the support with valid proof confirming that the entity shall make available the
relevant technical and professional resources to the economic operator. No legally effective judgment for
participation in a criminal organisation, corruption, fraud or money laundering shall be pronounced against
the entity providing the technical or professional support.
If the economic operators shall submit a tender as a group of economic operators, the technical and
professional capacity shall be proven by taking into consideration the resources of all group members. If the
group of economic operators shall have technical or professional support from a third entity, or third entities,
the technical and professional capacity shall be proven in accordance with the afore-stated, that is, in
accordance with Article 154 paragraph 2 of the Law on Public Procurement.
For the purposes of proving the capacity of the economic operators, the economic operators shall
obligatory use the Form proving the capacity of the economic operators, provided in Part
3. CONTRACT AWARD CRITERION
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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.
4. TECHNICAL SPECIFICATIONS (SPECIFICS OF WORKS)
Technical specifications (Program Project) is given in Section IV. the tender documentation.
5. CLARIFICATION,
DOCUMENTATION
AMENDMENT
AND
SUPPLEMENTING
OF
THE
TENDER
5.1. 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.
5.2. 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.
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.
6. PREPARATION AND SUBMISSION OF TENDERS
6.1. 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;
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- 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.
6.2. 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.
6.3. 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.
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
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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.
6.4. Tender Currency
The tender currency shall be denars.
6.5. 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.
6.6. 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;
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.
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6.7. 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
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.
6.8. 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.
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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
6.9. 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.
6.10. Alternative Tenders
No alternative tenders shall be allowed in this procedure for awarding a public procurement contract.
6.11. 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.
6.12. 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.
The tenderers may amend, replace or withdraw their tenders after tender submission, provided that the
amendments, replacements or withdrawals are received by the contracting authority before the deadline for
tender submission stipulated in sub-item 2.2.1 of the tender documentation.
The amendments, replacements and withdrawals of tenders shall be submitted via the ESPP, using the
“Submit a tender“ module, by attaching new documents, deleting of existing documents or complete
withdrawal of tenders.
Tenders may not be amended, replaced or withdrawn following the expiry of the deadline for submission of
the tenders set forth in sub-item 2.2.1 of the tender documentation.
The withdrawal of tenders within the period between the deadline for tenders submission and expiry of the
tender validity period shall result into invoking of the tender guarantee pursuant to sub-item 7.6 of the tender
documentation.
7. PUBLIC OPENING AND EVALUATION OF TENDERS
7.1. Public Opening of Tenders
Any interested party can attend the public opening of tenders.
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Only the authorised representatives of the tenderers may participate in the procedure for public opening of
tenders with providing their own remarks registered in the minutes for the tender opening.
At the public opening of tenders, authorised representatives of economic operators must present an
authorisation signed by the authorised person of the economic operator. All authorised representatives of the
economic operators present at the public opening of tenders should sign an attendance list.
The tender opening shall be electronic, via the ESPP, and shall be public.
The public opening of tenders shall take place on 29.12.2014, at 10:00 hours, in the Ministry of Transport
and Communications.
All submitted tenders shall be opened in line with the Law on Public Procurement, as follows: one at a time,
by reading the name of each economic operator, followed by establishing whether the tenders have been
submitted pursuant to item 7.8 of the tender documentation and whether all tenders have been signed
electronically, followed by a reading of tenders respecting the same order of opening. The tenderers which
shall fail to meet the requirements referred to in the tender documentation shall be excluded from the further
procedure, that is, they shall not be invited to the electronic auction. None of the tenders shall be rejected at
the opening of the tenders, except for the late tenders
The public procurement commission shall open the tenders even if only one tender is received. In that case,
there shall be no electronic auction. The condition for having an electronic auction is to receive at least two
acceptable tenders in the procedure.
During the public opening of tenders and evaluation of the initially submitted tenders, minutes shall be kept
in line with the Rulebook for the Procedure for Tenders Opening and the Form for Minutes Keeping at
Tenders Opening (“Official Gazette of the Republic of Macedonia“ No 154/07), as well as a Report on the
conducted procedure.
Prior to evaluating the tenders, the commission shall verify the completeness and validity of the
documentation proving the tenderer’s capability.
Unacceptable tenders shall not be evaluated by the commission.
The evaluation of tenders shall be performed in accordance with the criteria indicated in the tender
documentation, published in the contract award notice.
7.2. Confidentiality of the Tenders Evaluation Process
None of the information regarding the review, evaluation and the comparison of tenders during the tender
evaluation process shall be disclosed to the economic operators, nor to any other person not officially
involved in that process.
During the tender evaluation, the commission and the external experts shall be obliged to keep confidential
the content of the tenders and all other information submitted by the economic operators.
7.3. Clarification of Tenders
During the period of tender review and evaluation, the contracting authority may ask for clarification of the
tender of any economic operator. The request of the contracting authority for clarification and the response
shall be done electronically via the ESPP, using the “Clarification/amending of submitted documents“
module. No tender price or content modification shall be required, offered or allowed, except with reference
to confirmation of the correction of arithmetical errors discovered by the contracting authority during the
evaluation of the tenders.
Any clarification submitted by the economic operators with respect to their tenders that is not submitted as a
reply to the request of the contracting authority, shall not be taken into consideration.
7.4. Correction of Arithmetic Errors
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1 If the tenders shall be considered as acceptable, prepared and submitted in accordance with the tender
documentation, the contracting authority shall correct the arithmetic errors in the following manner:
-
in case of discrepancy between words and figures, the amount in words shall prevail;
-
in case of discrepancy between the unit price and the total price, than the unit price shall prevail
The Public Procurement Commission shall correct the errors in tenders in accordance with the described
procedure and this shall be considered as binding for the economic operators.
If the respective economic operator shall not accept the proposed correction of arithmetic errors, the
respective tender shall be rejected and the tender guarantee shall be invoked.
8. CONTRACT AWARD
8.1. Public Procurement Contract Award
Following the electronic auction as the last stage of the open procedure, the contracting authority shall award
the public procurement contract to the economic operator having offered the lowest price during the reverse
auction procedure.
In case of submission of only one acceptable tender in the first stage of the procedure, that is, if the
requirements for taking place of an electronic auction shall not be met, the contracting authority can award
the public procurement contract to the single economic operator that has submitted an acceptable tender.
In case when during the auction there shall be no reverse auction, that is, lowering of the starting price, the
contracting authority may award the public procurement contract to the economic operator having offered the
lowest price during the initial stage of the procedure.
8.2. Notification of Public Procurement Contract Award
Following the ending of the public segment of the electronic auction, the ESPP shall automatically publish
and shall automatically send to all participants at the auction a notification on the economic operator having
submitted the lowest price during the reverse auction. Such notification shall be considered as informative
and shall cause no legal consequences. The result of the electronic auction shall be considered as basis for
decision for selection of the most advantageous tender
Before the expiry of the validity period, and at the latest 3 days as of the adoption of the decision for
selection of the most advantageous tender, the selected most favourable economic operator shall be informed
electronically via the ESPP that its tender has been accepted. At the same time, all other economic operators
shall be informed on the results of the tender procedure, they shall receive the decision for awarding of the
public procurement contract, and they shall be informed on the reasons due to which their tender has not
been selected
8.3. Legal Protection
8.3.1 Any economic operator that has a legal interest to win the public procurement contract and that
suffered or could have suffered damages related to potential breach of the provisions of the Law on Public
Procurement, may seek legal protection against the decisions, actions or failure to undertake actions by the
contracting authority in the contract award procedure, in accordance with the Law on Public Procurement.
The right to appeal in a procedure ending with an electronic auction shall be realised after the adoption of the
decision for selection of the most advantageous tenderer or cancellation of a procedure.
8.3.2 The appeal shall be submitted within eight days starting from the day:
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publication of the contract award notice with reference to the data, actions or failure to
undertake actions related to the notice;
receiving of the decision for selection of the most advantageous tender or the decision for
cancellation of the procedure, or
findings about irregularities in the management of the contract award procedure, within one year
at the latest starting from the day of the termination of the implemented procedure
8.3.3 The economic operator that failed to lodge an appeal with respect to the provisions stipulated in subitem 9.3.2, shall not have a right to an appeal in a later stage of the procedure for the same legal basis
8.3.4 The appeal should contain the following elements:
-
data on the submitter of the appeal (name, surname, name of the economic operator, address of
residence and registered address);
data on the representative or the proxy;
name and registered address of the contracting authority;
number and date of the contract award procedure and data on the contract notice;
number and date of the decision for selection of the most advantageous tender, cancellation of
the procedure or other decisions of the contracting authority;
data on the actions or failure to undertake actions by the contracting authority;
description of the factual situation;
description and explanation of the irregularities;
proposed evidence;
Appeal and/or claim for compensation of procedure costs; and
signature and seal of an authorised person.
8.3.5 The submitter of the appeal shall be obliged to submit a proof of payment of the fee for procedure
implementation.
8.3.6 The submitter of the appeal whose registered address is not on the territory of the Republic of
Macedonia shall be obliged to determine a proxy to receive writs.
8.3.7 The appeal shall be lodged with the State Appeals Commission. The appeal shall be submitted in
person or by registered mail to both the contracting authority and the State Appeals Commission. The day
when the appeal is sent by registered mail shall be deemed as the day when the appeal was submitted. In case
the appeal is submitted in person, the contracting authority shall be obliged to issue a confirmation of the
time of the receipt to the submitter.
8.3.8 In the procedure before the State Appeals Commission, the appellant shall, in addition to the
administrative fee, be liable to pay a fee for implementing the procedure depending on the amount of the
tender, as follows:
- up to 20.000 euros in denar counter-value, a fee of 100 euros in denar counter-value,
- from 20.000 to 100.000 euros in denar counter-value, a fee of 200 euros in denar counter-value,
- from 100.000 to 200.000 euros in denar counter-value, a fee of 300 euros in denar counter-value,
or
- over 200.000 euros in denar counter-value, a fee of 400 euros in denar counter-value.
8.3.9 In case when there is no tender, the amount of the fee for procedure implementation shall be calculated
on the basis of the estimated value of the public procurement contract, and the State Appeals Commission
shall inform the appellant about the amount of the fee and the deadline in which the appellant needs to
submit proof for payment of the fee.
8.3.10 The procedure implementation fee shall be revenue of the Budget of the Republic of Macedonia.
8.4. Signing of the Public Procurement Contract
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8.4.1 The contracting authority shall submit the public procurement contract to the selected most
advantageous tenderer in 6 copies for signing.
8.4.2 The selected most advantageous tenderer shall have an obligation to sign the public procurement
contract within 3 days starting from the day of the reception of the contract and to return it to the contracting
authority. The contracting authority shall undertake an obligation to send the required number of copies of
the contract to the selected most advantageous tenderer after it has been signed by the authorised person of
the contracting authority.
8.4.3. If the selected most advantageous tenderer fails to sign the contract within the term stipulated in item
8.4.2 of the tender documentation, the contracting authority shall retain the right to consider that the selected
most advantageous tenderer refrained from the contract signing and shall invoke the tender guarantee.
9. MANDATORY ELEMENTS OF THE PUBLIC PROCUREMENT CONTRACT
9.1. Method of Payment
It is envisaged that the payment manner shall be by bank transfer within 30 days as of the receipt of signed
and verified invoices, submitted to the archive office of the contracting authority following the actually
executed services, as follows:
50% of the total contract value shall be paid following the completion of phase I which shall perform
a detailed and complete analysis of: the air transport market (demand, offer, region traffic forecast),
possibility for establishment of new routes and networks, competitiveness of the new national air carrier
against the air carriers present at the market (price, quality, safety, offer of destinations), assessment of the
potential challenges and risks, financial sustainability of the new national air carrier (generation of profit,
loss and financial risks) and the possibility for financial support (subsidies, tax reliefs, etc.) from the
Government in accordance with the valid national regulations, within 30 days as of the receipt of the invoice
in the archive office of the Contracting Authority, accompanied by the Report for completion of the abovestated services, for the year 2014. The analysis shall indicate the existence of an actual economic and
financial justification for establishment or setting up of a national air carrier in the Republic of Macedonia.;
-The remaining part in amount of 50% of the contract value shall be paid by bank transfer or remittance
(valid for foreign tenderers), following the completion of phase II which shall execute a detailed and
complete analysis of all remaining parameters given in the project programme including the (income section
of the model, the model price segment, route structure analysis, fleet structure analysis, aircraft wet leases
and provision of recommendations for re-negotiating some of the contract terms and/or entry into force of a
completely new contract, analysis and definition of partnership scenarios (alliance), technical and operational
diagnosing and financial review), as well as strategic planning of the fleet, routes, network and their
optimization and management, marketing planning, sales and promotion, planning of the employees and
costs, avoidance of risks and dealing with the challengers within 30 days as of the receipt of the invoice in
the archive office of the Contracting Authority, accompanied by the Minutes for acceptance of the Study, in
the year 2015.
The manner for payment of the services subject to the public procurement contract shall be obligatory for the
chosen contractor.
Each tender containing a payment manner that shall differ from the one set out in sub-item 14.1 shall be
considered as unacceptable and as such, shall be rejected by the public procurement commission.
9.2. Timeframe and Place of Realisation of the Service
The timeframe for completion of phase I shall be 60 days as of the date of signing of the contract.
The timeframe for completion of phase II shall be 60 days as of the date of submission of the Report I phase.
Note: Phase II of the Feasibility Study shall be realized exclusively in case the analysis of phase I shall
indicate positive economic-financial results, that is, a financial justification of the potential setting up or
establishment of the national (regular) air carrier in the Republic of Macedonia.
9.3. Difference in Prices (Price Corrections)
Correction of prices of the subject of the public procurement contract shall not be allowed and they shall
remain fixed and unchangeable on any basis for the entire contract duration.
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9.4. Advance Payment
Advance payment for contract realisation is not allowed.
9.5. Performance Guarantee
The requirement for signing the contract with the most advantageous economic operator is the provision of a
performance guarantee for the contract in amount of 15% of the public procurement contract value.
The contract performance guarantee shall be in the form of a bank guarantee.
The contract performance guarantee shall be submitted in original. Copies shall not be accepted.
The contract performance guarantee shall be valid till the full contract realisation. The contracting authority,
following the selection of the most advantageous tenderer, shall additionally determine the end guarantee
validity date.
The contract performance guarantee shall be submitted by the selected most advantageous tenderer to the
contracting authority within 10 working days as of the contract conclusion.
The contract performance guarantee shall be submitted within the prescribed timeframe: by mail or
personally to the head office of the contracting authority.
The contract performance guarantee shall be invoked if the contractor shall fail to meet any of the obligations
of the public procurement contract within the maturity timeframe.
The contract performance guarantee shall be returned to the contractor within 14 days as of the date of
complete public procurement contract realisation and after the contractor shall submit to the contracting
authority a bank guarantee for a guarantee timeframe.
The contract performance guarantee shall be returned by the contracting authority to the contractor, by mail
or personally to the head office of the contracting authority.
9.6. Elements of the Contract resulting from the Implemented Procedure
Following the completion of the electronic auction, and the selection of the most advantageous tenderer, if
the procurement subject or the individual part consists of several items, the price of each of the individual
items shall be calculated with relevant decrease equal to the percentage of decrease of the price of the initial
proposal of the selected most advantageous tenderer (before the electronic auction) and the price of the last
auction (following the completion of the auction).
Attachments:
Attachment 1 – Technical Specifications (specifics of works)
Attachment 2 - Contract Model
Attachment 3 - Tender Form
Attachment 4 – Statement by which the tenderer confirms the compliance with the qualification
criteria
Attachment 5 - Statement for Independent Tender
Attachment 6 – Tender Guarantee
Attachment 7 – Performance Guarantee
………… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… … ………… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… … ………… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… … ………… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……… ……….
ISO 9001:2008
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Attachment 1 – Technical specifications (specifics of works)
PROJECT PROGRAMME
for the Service for preparation of a feasibility study for
the possibility for setting up, or establishment of a national (regular) air carrier in the Republic of
Macedonia
I. GENERAL PART
I.1 INTRODUCTION
The vision of the aviation future and the air transport in the Republic of Macedonia means implies
contemporary, safe and efficient air transport, fully integrated in the transport network of Europe, which shall
contribute to the sustainable development of the Republic of Macedonia and shall satisfy the growing needs
of the state by maintaining the standards for environmental sustainability and financial responsibility.
The purpose of the sustainable development is to enable the citizens of the Republic of Macedonia to
satisfy their basic requirements and enjoy a better quality of life without jeopardizing the quality of life of the
future generations.
The vision is to satisfy the requirements of the society in the air traffic and transport through removal
or minimising of the adverse consequences on the local and global environment and maximising the
contribution to the economy of the Republic of Macedonia.
The study on the possibility for setting up, or establishment of a national (regular) air carrier in the
Republic of Macedonia (hereinafter referred to as: “feasibility study”), shall result into prepared
documentation which shall clearly indicate whether the possibility is cost-effective and achievable and where
the conditions for setting up, or establishment of the national air carrier in the Republic of Macedonia shall
be defined.
I.2
REVIEW OF CURRENT SITUATION
I.2.1 Current air transport situation in the Republic of Macedonia
The civil aviation is one of the main types of transport of people, goods and mail, which provides for
many direct and indirect job positions. The economic activity in the aviation industry is based on the rapid
technology development and due to the nature of its operating costs and due to the huge competition, the
same is exposed to the market economy regulations. Air transport offers the possibility for a much faster
manner of travel and transport of goods compared to the other transport types. Due to the technology
development and the offer increase, the air transport possibility was brought closer to the wider public and
the economy.
The civil aviation has significant development potentials and if one takes into account the
appropriate advantage, positive influence can be achieved on the total traffic development and, accordingly,
to the economy, thus defining its main development policy by defining the main development policies. The
condition for reasonable determination of its further development is still the analysis of the current situation
and the expected volume of future air transport.
Growth of the air transport demand at the Macedonian airports is expected in the future. The demand
growth results from the introduction of a liberalised visa regime for the citizens of the Republic of
Macedonia, reduction of the barriers for the air carriers, passengers and goods (transposed legislation for
liberalisation of the market from Annex 1 to the Multilateral Agreement on Creation of a European Common
Aviation Area (hereinafter referred to as: “ECAA Agreement”), introduction of destinations served by lowbudget air carriers, financial support to the air carriers, modernisation of the Macedonian airport system, as
well as the growth of the regional gross domestic product (GDP).
However, there are several important challenges in the field of tourism to which attention should be
paid so as to meet the expectations.
Air transport in the Republic of Macedonia is fully international in terms of its nature.
Both airports in the state are at distance of about 150 km and have no special flights that connect the
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cities, with the exception of certain transit operations at some destinations and air carriers.
Passenger transport currently consists mainly of family visits, tourist and business travels, of which
most are international.
Cargo transport is small part of the air transport business. Currently, approximately 15% of the air
transport business income is due to cargo transport.
The expansion of current and future logistic zones shall contribute to significant investment
advantages for the region for contribution to the air transport development.
The infrastructure modernisation has contributed to the advancement of the level and quality of
airport services and air navigation services, thus emphasizing the regional competitiveness of the national
aviation system and the competitiveness within the frames of the European Common Aviation Area. Such
conditions result into increase in the flow of passengers and goods at the Macedonian airports, and in
accordance with the general forecasts on the expected increase in the flow up to 2 million passengers only at
the Skopje airport up to 2020.
Due to the development, the public air transport has become available to a wider number of people.
The securing of the regular air transport is the main requirement for the required mobility of citizens and for
connection of the Republic of Macedonia with Europe and the world. The current state of the competitive
market of air carriers which have high operating costs requires a rapid reaction of the changeable
circumstances. The Government of the Republic of Macedonia, through the relevant regulations and
implementation of the relevant legislation of the European Union through the competent institutions shall
make efforts so as to create the most favourable environment for operations of the air carriers.
The domestic air transport is relatively small in volume, however, it is in expansion with 38 aircrafts
(2 ultra-light flights and 2 balloons) in the registry of the Republic of Macedonia, where no national air
carrier is operating.
I.2.2
Airports in the Republic of Macedonia
I.2.2.1 Airport “Alexander the Great” – Skopje
The airport is located at a distance of 25 km from the city of Skopje on Corridor 10 with movement direction
towards the city of Veles, at an altitude of 238 m and reference temperature of + 29 Celsius degrees (in July).
During the winter periods, especially in February, lowered visibility due to fog frequently occurs.
- ICAOCode:
LWSK
Length of take off
and landing runway
2.950 m
Width of take off and
landing runway
Category of take off
and landing runway
Surface of Cargo
terminal
Capacity of Cargo
terminal
Terminal building
ISO 9001:2008
Distance from certain main
destinations from countries in
the neighbourhood:
1. Belgrade (Serbia) 420 km
2. Sofia (Bulgaria) 250 km
3. Tirana (Albania) 230 km
4. Thessaloniki (Greece) 230
km
5. Athens (Greece) 700 km
6. Zagreb (Croatia) 815 km
7. Prishtina (Kosovo) 90 km
8. Saraevo (Bosnia and
Herzegovina) 450 km
45 м
ILS CAT I
3.000 m2
40.000 tonnes /
year
40.000 м2
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Statistical data on the number of passengers at the Airport “Alexander the Great” – Skopje for the
period 2005-2013
Year
Number of
passengers
Number of
aircraft
operations
Volume of cargo in
tonnes
2005
2006
2007
2008
2009
2010
2011
2012
2013
525983
547198
630180
658367
602298
684905
763920
835527
984407
12101
12637
13085
13303
12117
12161
10974
10419
11308
2305,41
2293,782
2550,753
2777,057
2414,441
2278,171
2585,806
2469,76
2686,658
(Statistical data on the Skopje Airport 2005 – 2013,
number of passengers
number of aircraft operations
cargo volume in tonnes)
Number of
passengers
2013/2005 (%)
87%
Number of aircraft
operations
2013/2005 (%)
-7%
Cargo volume
2013/2005 (%)
17%
The traffic volume at the airport “Alexander the Great” – Skopje in the period 2005 – 2013 is
significant, especially regarding the number of transported passengers and the cargo volume.
Chart 1: Share of the number of passengers per destinations for the airport “Alexander the Great” –
Skopje for the period January – December 2013.
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The number of passengers at the airport “Alexander the Great” – Skopje for the period January –
April 2014 is 19% higher for the same period 2013.
Table presenting the air carriers that regularly operate at the airport “Alexander the Great” – Skopje
in 2014 in accordance with the flight schedule per destinations and number of transported passengers and the
market share for the period January – April 2014.
Statistical data on the Airport “Alexander the Great” – Skopje for the period January – April
2014
Numbe
r
Air carrier
Line
Day
Transported
passengers
Market
share
1
AUSTRIAN AIRLINES
Vienna – Skopje
Skopje - Vienna
2, 3, 4, 6, 7
24813
с
2
AIR
SERBIA
Belgrade –
Skopje Skopje Belgrade
1, 2, 3, 4, 5,
6, 7
14365
4,7%
3
CROATIA
AIRLINES
Zagreb – Skopje
Skopje - Zagreb
12270
4%
4
TURKISH
AIRLINES
36951
12,0%
14125
4,60%
16357
5,30%
5
ADRIA
AIRWAYS
6
EDELWEISS AIR
ISO 9001:2008
Istanbul – Skopje
Skopje - Istanbul
Istanbul – Skopje
Skopje - Istanbul
Ljubljana –
Skopje Skopje Ljubljana
Ljubljana –
Skopje Skopje Ljubljana
Zurich – Skopje
Skopje - Zurich
Zurich – Skopje
Skopje - Zurich
1, 2, 3, 4, 5,
7
6 nights
1, 2, 3, 4, 5,
6, 7
1, 2, 3, 4, 5,
6, 7
1, 2, 3, 4, 5,
6, 7
2, 3, 5, 7
4 nights
3, 5, 6, 7
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WIZZ AIR
HUNGARY
7
8
10
11
12
ALITALIA
PEGASUS
AIRLINES
GERMANIA
FLUGGESELLSCHAFT
TUI AIRLINES
BELGIUM
(JETAIRFLY)
14
ISO 9001:2008
BELAIR
AIRLINES
HELVETIC
AIRWAYS
London – Skopje
Skopje - London
Malmö – Skopje
Skopje - Malmö
Gothenburg –
Skopje Skopje Gothenburg
Eindhoven –
Skopje Skopje Eindhoven
Dortmund –
Skopje Skopje Dortmung
Memmingen –
Skopje Skopje Memmingen
Basel – Skopje
Skopje - Basel
Bergamo –
Skopje Skopje Bergamo
Venice – Skopje
Skopje – Venice
Stockholm Skopje Skopje –
Stockholm
Brussels –
Skopje Skopje –
Brussels
Paris - Skopje
Skopje - Paris
Cologne - Skopje
Skopje - Cologne
Milan – Skopje
Skopje - Milan
Frankfurt Skopje Skopje Frankfurt
Rome - Skopje
Skopje - Rome
Rome - Skopje
Skopje - Rome
Istanbul – Skopje
Skopje - Istanbul
Berlin - Skopje
Skopje – Berlin
Brussels –
Skopje Skopje –
Brussels
Brussels –
Skopje Skopje –
Brussels
Zurich – Skopje
Skopje - Zurich
Zurich - Skopje
Skopje – Zurich
1, 3, 4, 5, 7
2, 3, 4, 6, 7
1, 3, 5, 7
2, 4, 6
2, 4, 6
2, 4, 6, 7
1, 3, 4, 5, 7
144919
46,90%
1, 2, 4, 5, 7
12582
4,1%
1, 5
11795
3,8%
6
4753
1,5%
1,2,4,6,7
8444
2,7%
3, 7
1, 5
2, 6
3, 7
3, 7
1, 5
3, 7
2, 6
2, 3, 6
1,4,5,7
4 nights
2
7
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Dubai - Skopje
Skopje – Dubai
Dubai - Skopje
Skopje – Dubai
Dubai - Skopje
Skopje – Dubai
FLY
DUBAI
16
1, 4
3
7003
2,3%
6
I.2.2.2 Airport “St. Paul the Apostle” – Ohrid
The airport is at a distance of 10 km from the city of Ohrid on the national road Kichevo-Struga-Ohrid, and
is located at an altitude of 708 m. The reference air temperature is + 27,7 degrees Celsius (in August).
- ICAOCode:
Length of take off
and landing runway
Width of take off and
landing runway
Category of take off
and landing runway
LWОH
45 м
ILS CAT I
Surface of Cargo
terminal
500 m2
Capacity of terminal
building
3.000 м2
Year
2005
2006
2007
2008
2009
2010
2011
2012
2013
ISO 9001:2008
Distance from some of the main
destinations of the countries in
the neighbourhood:
1. 150 km of the airport in
Skopje (MK) and Tirana (AL)
2. 250 km of the airport in
Corfu (GR), Thessaloniki (GR),
Prishtina (SR), Nish (SR),
Tirana (AL), Tivat (MN) and
Podgorica (MN)
2.548 m
Number
of
passenger
s
53930
50366
45115
44413
36652
44392
74345
78040
83060
Number of
aircraft
operations
Volume of
cargo in tonnes
1088
1025
1109
976
676
650
906
866
1072
18,48
14,08
15,368
7,1
0,805
1,038
4,474
1,09
14,798
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(Statistical data Ohrid Airport 2005-2013
number of passengers,
number of aircraft operations,
cargo volume in tonnes)
Number of
passengers
2013/2005 (%)
54%
Number of aircraft
operations 2013/2005
(%)
-1%
Cargo volume
2013/2005 (%)
-20%
The traffic volume at the airport “St. Paul the Apostle” – Ohrid in the period 2005 – 2013 is significantly
increased, especially in terms of the number of transported passengers.
Chart 2: Share of the number of passengers per destinations for the airport “St. Paul the Apostle” – Ohrid for
the period January – December 2013
Statistical data on the airport “St. Paul the Apostle” –
Ohrid
ISO 9001:2008
Numbe
r
Air carrier
Line
1
TUI AIRLINES
BELGIUM
(JETAIRFLY)
Brussels – Ohrid
Ohrid - Brussels
Brussels – Ohrid
Ohrid - Brussels
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2
HELVETIC
AIRWAYS
Zurich – Ohrid
Ohrid - Zurich
5,6,7
I.2.3 Cargo
The central position of Skopje in the region and the key position of both main land transport routes
connecting the business centres in Central and Eastern Europe and Turkey enable for significant share of the
goods in the international trade to pass through it.
The cargo complex at the Skopje airport consists of one facility – cargo terminal for import and
export. The quantity of served cargo through the airports in Skopje and Ohrid is between 2.200 and 2.500
tonnes in the last three years. The cargo centre at the Skopje airport provides for logistic support before and
after air transport (landside handling), by performing the preparation of air transport shipments, customs
storage and re-packing of goods.
I.2.4 Regional competition at the airport “Alexander the Great” – Skopje
The infrastructure modernisation has contributed to the advancement of the level and quality of
airport services and air navigation services, thus emphasizing the regional competitiveness of the national
aviation system and the competitiveness within the frames of the European Common Aviation Area. Such
conditions result into increase in the flow of passengers and goods at the Macedonian airports, and in
accordance with the general forecasts on the expected increase in the flow up to 2 million passengers only at
the Skopje airport up to 2020.
The air transport liberalisation measures in the Republic of Macedonia for removal of the limitations
regarding capacities, frequencies, as well as the air ticket prices indicate that the load factor of the aircrafts is
in average above 75% filled with passengers at the destinations operated by the air carriers as an important
indicator for continuity in operations and realisation of flights during the winter season.
There are several airports near Skopje. Prishtina is the closest airport at a distance of less than 100
km, which currently serves more than million passengers per year with current presence of three low-budget
air carriers that offer attractive and competitive prices for European destinations. The airports in
Thessaloniki, Nish, Tirana, Podgorica and Sofia are located in radius of 200-300 km. However, the full
implementation of the ECAA Agreement, as well as the improvement of the road network in the region shall
result into improved competitiveness between the airports. The height of the charges, marketing
programmes, support and volume and quality of services should have to be among the best in the area so as
to ensure highest benefit from the future growth.
II. SPECIAL PART
II. 1. PROGRAMME SUBJECT
The Project Programme shall cover the necessary studies and attachments for preparation of a Study
on the assessment of the economic and financial justifiability for the setting up, or establishment of a national
air carrier in the Republic of Macedonia.
II. 2. PROGRAMME OBJECTIVES
The main objective of the Project Programme is to assess the possibility for setting up, or
establishment of a national air carrier in the Republic of Macedonia.
Currently, no air carriers are registered in the Republic of Macedonia.
The following national/domestic carriers were registered in the past: Palair Macedonia, Avioimpex,
Macedonian Airlines – МАТ, Airlift Service and Star Airlines.
The national/domestic carriers can be owned by the state or privately owned.
There are no air carriers in the Republic of Macedonia which are owned by the state.
For the purposes of setting up a new national/domestic air carrier, a procedure shall be carried out
prescribed with the positive national laws and bylaws in the field of aviation.
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In accordance with the bilateral agreements for regular air transport, both contracting states / parties
shall designate their carriers (one or more) for the purposes of performing the agreed transport. Pursuant to
these bilateral agreements, the competent body for designation of an air carried by the Republic of
Macedonia is the Civil Aviation Agency.
The right to operation means right to market access expressed through designation of air carriers,
that is, the number of carriers that have to be designated. The main right to operation is the designation of an
air carrier. It means a formal notification by a state, usually through a diplomatic note which indicates the
name of the air carrier which shall use all or some of the rights to market access obtained by the state on the
basis of a joint air transport agreement. Depending on the right to designate a certain number of air carriers
inserted in the bilateral agreement for air transport between the states, the designation can be for one, two or
more air carriers.
II. 3. STUDY ELABORATION PHASES
The preparation of the Feasibility must include the following:
 Market analysis,
 Financial review and
 Strategic options.
II.3.1 Market analysis
(a) The size and structure of the air transport market in the region is being analysed; the key trends
are analysed, and the demand and projections are being collected; Analysis of the competitive dynamics
between the key air carriers at the air transport market in the region; the regional trends in the competition
are being reviewed and assessed and the air carriers liberalisation, as well as their potential impact on the
national air carrier.
(b) The access to the market analysis shall include detailed analysis of the historical and potential
flight schedules as prescribed in the Official Airline Guide (“OAG”) and the envisaged competitors in the
future. The flight schedule, charts for actual and hypothetical scenario shall be analysed in details with the
profit from flights and quality of service with the model (flight profit model).
(c) The “flight and profit” model is a system widely used in the USA and Europe for the purposes of
defining an effective quality of services at the O&D3 markets. The service quality by the air carrier is the
basis for shares and income. This model starts with an analysis of the flight schedule of the air carrier –
actual and scenarios made by the beneficiary and connecting the flights on the basis of the minimal and
maximal connection with the times and maximal circulation, measures the quality of relations regarding the
obtaining of a market share and connecting the market share with the market size so as to come to incomes
for the air carrier of the segment and the flight segment.
In the profit model, the quality of service at the O&D market is managed by the number of
frequencies, number of stations, quality of connections, size, that is, types of airplanes, parameters for the air
carrier or the airport in the metropolitan cities with several airports, as well as all other factors on the quality
of service from a passenger standpoint.
The model is rather flexible for the purposes of defining and measuring the factors and adjusting the
output of the individual needs of a certain project.
In addition, this model is powerful for the purposes of creating market scenarios which shall be
crucial for the functionality of this project where the competitive dynamics shall be central for the efficiency
of a national air carrier.
II.3.1.1 Income part of the model
 Connection of flights and measuring the effective level of services by the air carrier at each
O&D market,
3

Advantage regarding the air carrier and airport,

Defining the size of each O&D market with the best available data sources,
Origin and destination
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 Reviewing the differences for the airport regarding the advantage, with existing alternatives for
other cities (airports),
 Assessing the stimulation on the basis of forecast or scenario for changes in the service levels
and prices and assumptions for the elasticity of the demand, and
 Defining the profile of the current (realised) traffic for each flight in details in distribution of the
same per flight segments.
II.3.1.2 Price part of the model

Price per flight segment (all total costs),

Allocation of indirect costs for specific equipment on the basis of composite capacity drivers;
 Adjustment for length of phase on the basis of analysis of the variability of the price against
duration;

Complete and full analysis competitive to the detailed costs per aircraft type;
 Calibration of history, that is, future demands on the basis of the actual future flight schedule and
relevant scenarios and

Making assumptions on the changes of rates by the detailed costs.
II.3.1.3 Route structure analysis
The approach is to first define the current structure as given by OAG and the internal data.
Furthermore, to define all non-stop segments of flight and market, as well as all connections (links to
other flights of national air carriers, as well as joined flights). The connections shall be defined in reference
with their quality. All national air carrier flights shall be compared to the competitive services at each O&D
market.
The quality of the national air carrier and the competitive service shall be defined by the quality of
the model of the consultant used regularly for the airports and air carriers in both Europe and USA.
The analysis of the market structure and the levels of competitive services for the national air carrier
shall define the market share of the national air carrier at each of the O&D markets which shall afterwards be
combined with the analysis of the market size so as to define the incomes of the national air carrier and the
flight segment.
The income of each flight segment shall afterwards be compared to the price of each so as to
determine the profit and loss with the flight segment. The costs of the national air carrier shall be defined on
the basis of the comparative data based on the highly refined price, as well as on the experience in the cost
analysis.
Significant analysis shall be required so as to determine the relevant structure of the routes. The
analysis shall be supplemented with the route strategies in other markets, such as Europe, USA, as well as
those taken in Asia and the comparable markets – emphasizing those that are successful and those that are
not. The structure designed to increase the connection and revenues, compensated with higher costs and
those structures in which the costs are minimised at the expense of income connection. The connection with
markets shall be assessed in reference with the partnership and alliance strategies. Finally, the structures that
connect the best of the maximisation of income and minimising of the price structures shall be reviewed.
By defining the general rules, a wide analysis shall be made of each market regarding its size
regarding the transport and revenues, as well as regarding the competitive service levels. This analysis shall
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end with a quality index for each O&D market which shall essentially be the ratio of the market size with the
competitive service level.
By defining the best markets for a single national air carrier, the lowest price – solution, shall be
defined. This analysis shall be made in cooperation with the analysis of the fleet structure.
The analysis of costs shall be made on the basis of the detailed operating cost models which shall
define the fully allocated costs for execution of any flight with any type of equipment. This analysis shall be
made when the following shall be taken into account: detailed costs, costs directly connected to the airplane,
such as fuel, maintenance, crew, insurance, etc., as well as all “above ground” expenses envisaged for
specific equipment according to the forecasts for detailed costs based on the composite capacity drivers.
Finally, a review shall be provided for the adjusted costs on the scenario length so as to get to the exact idea
of the costs being applied at the market.
II.3.1.4 Fleet structure analysis
After defining the best mix of markets in terms of revenues, the next step would be to define the
price, that is, the cost at each of the markets (for any type of given equipment) and finally define the desire
and placement at the markets and define the relevant equipment for any given structure at the markets.
The equipment selection is in function of the markets that are to be served and the flight structure
regarding the direct or connecting services.
Partnership strategies play an important role. Other critical factors are the efficiency related to
alliance, volume and specialisation, entry factors costs, such as fuel, as well as to the costs for acquiring.
II.3.1.5 Review of wet leases of an aircraft and provision of recommendations for renegotiating some of the contractual terms and/or entry into force of a completely new contract
It shall be necessary to develop a compilation of lease contracts and in coordination with a legal
counsellor, to assess the relative importance of the terms. By analysing the status of each lease, including
issues such as terms, financial provisions, contracts, the impact of the contract provisions of each lease shall
be assessed and these impacts shall be compared so as to reach “benchmark” influences for other air carriers
and other markets.
II.3.1.6 Analysis and defining scenarios for partnerships (alliance)
The historical charts, alliances (star alliance) and connections shall be analysed in reference with
their influence on the level of service and the market of shares, as well as, at the bottom line, the revenues of
the national air carrier from the O&D market. The influence of the ECAA and the bilateral agreements shall
also be reviewed.
Regarding the potential competitive dynamics, the first step would be to define the potential market
and the initiative for inclusion in an alliance of the key competitors in the region.
In addition, analysis shall be required of the regional impact of Wizz Air, Croatian Airlines, Adria,
the importance of Qatar, alliance between ЈАТ and Etihad, dominance of Star Alliance and the growth and
ambitions of Turkish Airlines, against the entry of LCC4 such as Pegasus, EasyJet, Transavia, Correndon,
etc.
Furthermore, it shall be necessary to define the scenarios based on the best available information of
public character (such as, company reports, interviews, announcements, and other sources), and on the basis
of the best practises for strategies in the USA (for example: Jet Blue, Virgin America), Europe (for example:
Wizz Air, Norwegian Airlines) and the Middle East/Asia (for example: AirАrabia, Flydubai) and in South
America, in particular (for example: LAN and Azul). Such strategies shall be focused on the low-budget
operations focused on the significant utilisation of airplanes and alliances, and regarding the regional
partnerships so as to increase the connection, market penetration and specialisation of ethnical “visits of
friends and relatives”.
By analysing and defining the market and the alliance scenarios, to include the “flight profit” model
so as to measure the effects and produce a special analysis of the current and planned market.
II.3.1.7 Technical and operational diagnosing
4
Low cost carriers
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It shall be necessary to make a review of the financial performances of other national air carriers by
using the relevant indicators up to and including 2013, with analysis of the revenue factors and costs of the
air carriers, of both flight and system levels.
The model shall also analyse the historical period and forecasts of the results in the future.
II.3.1.8 Summary of the Feasibility Study
The Summary of the Feasibility Study, that is, of the chosen model, shall include the following
elements:
 Flight segment which is the smallest business unit,

Flight segment and type of equipment so as to compare the flight segment per performances,
 Calibration of the model of actual results in the historical period with detailed costs and
revenues,

Future forecast with quarterly results with actual future flight schedule as specified in OAG,
 Individual flight segments with the total aviation system together with the type of equipment and
costs,
 Integrated review of all aspects of the air carrier operations, by also providing a dynamic
functionality for the purposes of creating scenarios and sensitivity to any factor of revenue or
expenses,

Review of the flexibility so as to adjust to the analysis and the final result of the end beneficiary,
 Review of the model and data entirely independent from the internal management of the air
carrier and transparent for maximal understanding and validation.
II.3.2 Financial review
The financial review shall prepare a model of financial risk for the purposes of stimulating the
operating and financial performances of the air carrier and to assess the return of investments. The relevant
tasks shall include:

Development of the financial model, by describing the model and assumptions,
 Based on the operating and market diagnosis, to draft assumptions regarding the structure of
routes and fleet, passenger flows and earnings, as well as the operating and indirect costs for the air
carrier,
 Analysis required to determine the sustainability of the model of changes in assumptions and risk
components throughout the project duration,
 Development of a risk matrix for identification and quantification of the key elements of risk and
distribution of risks in the public or private sector,

Value of the cash assessment.
The data, combined with the expertise during the analysis preparation and the quantified risk matrix
shall enable the creation of valid recommendations regarding the necessary financial structures for finances
up to the degree substantiated for the desired financial inclusions and the same shall provide a review of the
transparent and professional financial analysis.
II.3.3 Strategic options
At the end of the third month (in the period between the pre-feasibility and feasibility report) to
present three strategic options and to secure recommendations in the form of feasible strategic options, with a
recommendation which option is considered as the most suitable one given the circumstances.
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In addition, to synthetize the available insight in the early phase of the process and to propose the set
of three strategic options. Each of these options shall be fully applicable and sufficiently different to provide
the policy makers with a feasible choice through the provision of a review of a full set of strengths and
weaknesses, by using the advance dialectic analysis, in order to recommend the scenario with the best option.
III. FINAL REPORT STATEMENT
In the final Study, to submit a statement on the accuracy and validity of the collected information and
the process used to collect them, as well as the information sources, including any industry benchmarks
envisaged as part of the analysis, description of the manner and assumptions used in the creation of the
financial model, review of the methodologies used for the purposes of valuation of various costs, including
the costs for the key risks.
IV. CONCLUSION
To provide a final conclusion and ranking of the variant solutions of the possibility to set up, or
establish a national air carrier in the Republic of Macedonia in terms of economic and financial assessment.
The recommendations are to refer directly to the possibility and justifiability of the setting up, or
establishment of the national air carrier in the Republic of Macedonia, followed by the solution which is to
be chosen and provision of a recommendation whether it would be the best to immediately establish it or
after a certain number of years, and if that is the case, to indicate the exact time dynamics.
The entity preparing the Study shall cooperate with all administrative bodies that have data and information
which are of essential importance for the Study. The preparing entity shall be responsible for the monitoring
and implementation of the best experiences in accordance with the EU directives pertaining to the
preparation of such studies.
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Attachment 2 – Contract model
General information for the tenderers:

Based on the conclusiveness of the Decision for awarding the public procurement contract, the
Contracting Authority shall conclude a contract for realisation of the procurement subject with the
tenderer whose tender was chosen as the most advantageous one, and which tender meets the
prescribed criteria for determining the capacity set out in this tender documentation.

The Contracting Authority shall conclude a Contract for realisation of the procurement subject with
one economic operator.

The duration of the Contract for realisation of the service for preparation of a feasibility study on the
possibility for setting up, or establishment of a national (regular) air carrier in the Republic of
Macedonia for the needs of the Ministry of Transport and Communications shall be 120 days.

Note: The timeframe for execution of the service shall commence on the date of contract signing.

An integral part of the contract for this public procurement procedure shall be the tender of the
economic operator whose tender was chosen as the most advantageous one.
The Contract shall contain the following elements:












Contracting parties,
Contract subject,
Contract duration,
Rights and obligations of the contracting parties,
Contract prices and value,
Manner and timeframe for execution,
Method of payment,
Force majeure,
Termination and sanctions for contract violation,
Applicable law,
Dispute resolution,
Final provisions.
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Attachment 3 – Tender Form
[memorandum of the tenderer]
On the basis of the notice number _____________________ [enter the notice number] published by
____________________________________________ [enter the name of the contracting authority], for
awarding a contract for public procurement __________________________________________________
_____________________________________________________________________________ [enter
the contract subject as indicated in the notice] by implementing a simplified competitive procedure with a
notice publishing, with an electronic auction through the Electronic System for Public Procurement (ESPP),
and the tender documentation that we have acquired through the ESPP (https://www.e-nabavki.gov.mk), we
hereby submit the following:
TENDER
Part I – Information on the tenderer
I.1. Name of the tenderer: _______________________________________________________________
I.2. Contact information:
- Address: _______________________________________________________________________
- Telephone: _____________________________________________________________________
- Fax: ________________________________________________________________________
- E-mail: _____________________________________________________________________
- Contact person: _____________________________________________________________
I.3. Head person: __________________________________________________________________
I.4. Tax reference number: _________________________________________________________________
Part II – Technical proposal
II.1.We hereby agree to offer the following services: ____________________________________________
_______________________________________________________________________________________
_
______________________________________________________________________________________.
II.2. We accept the manner, timeframe and the place for realisation of the services defined in the tender
documentation.
Part III – Financial proposal
III.1. The total price of our tender, including all costs and discounts, VAT excluded, which is given
separately, amounts:
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No
1
Description
Completion of the entire Study
in 6 copies in hard copy and
complete material in electronic
1
form on a CD (three copies in
Macedonian language, three
copies in English language)
Total price, VAT excluded
2
Unit
3
Total price, VAT
excluded
4
VAT
1
III.2. Accordingly, the total price of our tender, including all costs and discounts, VAT excluded, amounts:
______________________________________________________________________
[in
numbers]
(__________________________________________________________________ denars.) [in letters]
The total VAT amount is: __________________________________________________ [in numbers]
(___________________________________________________denars.) [in letters]
Total with VAT: _______________________________________________[in numbers]
(_________________________________________ denars.) [in letters
II.3. Our tender shall be valid for the period set out in the tender documentation.
II.4. We agree with the manner and timeframe for payment set out in the tender documentation.
II.5. Our tender consists of the following parts:
- Documents proving the personal standing;
- Documents proving the capability to perform professional activity;
- Proof of fulfillment of the requirements for economic and financial capability;
- Proof of fulfillment of the requirements for technical and professional capability;
- Filled form of a list of confidential information (if there is no confidential information the form
does not need to be submitted);
- Filled form of the statement by which the economic operator accepts the Notice requirements;
- Filled form for proving the capability of the economic operators with the necessary attachments;
- Copy of License A for category one buildings supervision, License A for category one buildings
designing, and License A for project documentation revision;
- Initialised contract model;
- Tender guarantee;
- Written authorisation for the representative of the group of economic operators (only for group of
economic operators).
II.6. By submitting this tender, we entirely accept the conditions provided for in the notice and the tender
documentation and the provided contract model, and we shall not contest your right to cancel the procedure
for awarding a public procurement contract in accordance with article 169 of the Law on Public
Procurement.
II.7. The tender guarantee in the form of a bank guarantee is submitted in original to your address.
II.8. If our tender shall be accepted, we are hereby obliged to secure a Performance Guarantee the contract in
the form of a bank guarantee, in amount of 15% of the contract value.
Place and date
_____________
Head person
______________________
(signature and seal)*
* This form shall not be signed by hand, but exclusively electronically by attaching the valid digital
certificate whose holder is the head person or the person duly authorised by him/her.
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III.1. Form of confidential information list
(this form is filled in and should be electronically signed by the head person or a person duly authorised by
him/her by using a digital certificate attached through the ESPP), if there are no confidential information,
the form does not have to be filled in and submitted
III.1. Form of confidential information list
Confidential information
Number of
pages
containing this
information
Reasons for confidentiality of
this information
Time period in
which this
information will
be confidential
* This form shall not be signed by hand, but exclusively electronically by attaching the valid digital
certificate whose holder is the head person or the person duly authorised by him/her.
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III.2. Form proving the capability of the economic operators with the necessary attachments
(this form is filled in and should be electronically signed by the head person or a person duly authorised by
him/her by using a digital certificate attached through the ESPP),
III.3. Form proving the capability of the economic operators with the necessary attachments
1. General information on the economic operator
1.
Name of the economic operator / representative of a group of economic operators / member of a
group of economic operators
.............................................................................................................................................................
.
2.
Head office address:
.............................................................................................................................................................
.
3.
Telephone:
Contact:
4.
Fax:
e–mail:
5.
Place of incorporation/registration:
Year of incorporation/registration:
6.
Principal activities of the economic
operator:
Number of permanent employees according
to qualifications (faculty education,
secondary education, highly qualified,
qualified and PK):
7.
(In case of a group tender, the general information form shall be filled in for each member of the group of
economic operators)
2. Review of the association of the group of economic operators for joint performance
Names of the group of economic operators for joint performance (partners in the association)
1. Leading company (name and address)
..........................................................................................................................................................................
.
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2. Company-partner (name and address)
..........................................................................................................................................................................
.
3. Company-partner (name and address)
..........................................................................................................................................................................
.
3. Details on realised contracts in the last 5 years by submitting confirmations from the clients, that
is, investors, including the value, time and location.
Economic operator / group of economic operators:
.........................................................................................................................................................................
1.
Contract number and date:
2.
Contractor:
3.
Name of procuring party:
4.
Address of procuring
party:
5.
Foreseen duration of the
contract/subcontract:
6.
Date of full realisation of
the contract/subcontract:
7.
Contract subject:
8.
Contract value:
Total value
____________
____________
9.
Individual
contractor
____________
Group member
Subcontractor
___________
____________
___________
____________
____________
Other data (if any), description or explanation :
(The form shall be repeated as many times as there were required contracts and data on the same)
The Contracting Authority shall reserve the right to check the accuracy of the information stated in
the form
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4. Education and professional qualifications of the managing personnel and the persons responsible
for realisation of the specific services and work experience
Name of economic operator / group of economic operators:
.........................................................................................................................................................................
The group of economic operators for joint performance shall propose one list of candidates.
Team members in accordance with the minimal criteria:
No
Name and surname
Qualification
(education)
Type of
authorisation and
area of authorisation
Years of
working
experience in the
field
1.
2.
3.
4.
5.
6.
7.
8.
(The names of the other persons shall follow)
Each economic operator shall fill in the table with data on the person in accordance with the required
minimal participation criteria
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5. Data on the technical equipment and capacity and other resources available to the economic
operator for the realisation of the procurement in subject
Name of economic operator / group of economic operators:
.........................................................................................................................................................................
We hereby confirm that the below stated units of equipment and transportation means shall be used for the
purposes of realisation of the public procurement contract in subject.
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Attachment 3 – Form of the statement by which the economic operator accepts the terms of the Notice
STATEMENT
We hereby declare that by submitting the tender we fully accept the terms of the Public Procurement
Contract Award Notice number ___/2014 for procurement of service for preparation of a feasibility study on
the possibility for setting up, or establishment of a national (regular) air carrier in the Republic of Macedonia
number ____/_____, the invitation to submit a tender and all requirements indicated in the tender
documentation on the basis of which we submit our tender. We agree that those requirements shall be an
integral part of the contract.
We agree that the contracting authority is entitled to cancel the contract award procedure in
accordance with Article 169 of the Law on Public Procurement.
Place and date
_____________
Head person
______________________
(signature and seal)*
* This form shall not be signed by hand, but exclusively electronically by attaching the valid digital
certificate whose holder is the head person or the person duly authorised by him/her.
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Attachment 4 – Independent tender statement
STATEMENT
I, the undersigned, ____________________________ [name and surname], on the basis of Article
129 paragraph 2 of the Law on Public Procurement, in the capacity of authorised person of the tenderer
________________________________, declare under full material and criminal responsibility that the
tender in the open procedure ____/2014 is hereby submitted independently, without an agreement with other
economic operators in a manner that is not in conflict with the competition protection regulations, as well as
that I do not participate in the procedure with other economic operators with whom I am related in equity,
ownership or family-based terms.
In addition, I hereby declare that I am fully aware of the consequences from provision of false
information in the Statement which might result into initiation of a procedure for determining the
misdemeanour or criminal liability against the tenderer on whose behalf and account I am authorised to
provide this Statement.
Place and date
_____________
Head person
______________________
(signature and seal)*
* This form shall not be signed by hand, but exclusively electronically by attaching the valid digital
certificate whose holder is the head person or the person duly authorised by him/her.
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ATTACHMENT 5. Tender guarantee
Tender guarantee
Date: ______________________________
Notice number: __________________________
To ____________________________________________________________________________ (name of
contracting authority)
Considering the fact that _________________________________________________________________
(name of tenderer), (hereinafter referred to as “tenderer“), on _____________ submitted its tender for
______________________________________________________________________________
_________________________________________________________ (hereinafter referred to as “tender“),
we hereby confirm that we _______________________________________________________ (name of
bank), with address at __________________________________________________________, with
registered head office at ____________________________________________ (hereinafter referred to as
“bank“, are hereby obliged with _______________________________________________________,
(name of contracting authority) (hereinafter referred to as “procuring party“) an amount of
___________________________
in
words
(
_____________________________________________________________________ ), for which the bank
and its successors and institutions appointed by them shall be obliged to fully and timely execute for the
procuring party.
Terms for invoking of the bank guarantee:
(1)
(2)
(3)
(4)
If the tenderer shall withdraw its tender prior the expiry of its validity; or
If the tenderer shall fail to accept the correction of arithmetic errors by the commission;
If the tenderer shall fail to sign the public procurement contract; or
If the tenderer shall fail to provide a bank performance guarantee for the contract.
we accept irrevocably, unconditionally, on first written request, to pay the procuring party the afore-stated
amount, without an obligation for the procuring party to prove its request, provided that the procuring party
shall indicate in that request that the amount it requires arises from any of the afore-mentioned terms, by
indicating such term or terms.
This guarantee shall be valid till and inclusive of ___________ day after the expiry of the deadline for tender
validity as indicated in the instructions for the tenderers, or the extended deadline set by the procuring party,
and the bank does not have to be informed of such extension.
Any request in relation with this guarantee shall be delivered to the bank in the abovementioned timeframe.
This guarantee cannot be transferred to third persons.
Date:
Name and signature of authorised person:
______________________________
______________________________
Seal of the bank
* The tender guarantee shall be submitted to the contracting authority in original at the latest by the
date and hour defined as deadline for submission of tenders
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Attachment 6 – Performance guarantee
Performance Guarantee
Date: ______________________________
Notice number: __________________________
To ____________________________________________________________________________ (name of
contracting authority)
Considering the fact that _________________________________________________________________
(name of contractor), (hereinafter referred to as “contractor“), in accordance with the contract no _________
from ________ was obliged for the procurement _________________________________________
_____________________________________(procurement subject), (hereinafter referred to as “contract“).
Since you have envisaged with the afore-mentioned contract for the contractor to submit a bank performance
guarantee for the contract, in the amount as set out in the contract, as a guarantee for quality realisation of the
contract,
we hereby confirm that we _______________________________________________________ (name of
bank), with address at __________________________________________________________, with
registered head office at ____________________________________________ (hereinafter referred to as
“bank“), are hereby liable, on behalf of the contractor, for an amount of ________________________ in
words (_______________________________________________________________________) and are
hereby obliged with _______________________________________________________, (name of
contracting authority) (hereinafter referred to as “procuring party“) for which the bank and its successors and
institutions appointed by them shall be obliged to fully and timely execute for the procuring party.
Terms for invoking of the bank guarantee:
-
If the Service Provider shall fail to commence the service execution within the agreed timeframe;
The Service Provider shall fail to execute the service within the timeframes set out in the tender
documentation;
In case the Service Provider shall bear responsibility for the low-quality execution of services
pursuant to the contract subject;
If the Service Provider shall fail to meet any of the contract obligations and
In case of contract termination attributed to the Service Provider.
If one the afore-stated terms is fulfilled, we accept irrevocably, unconditionally, on first written request,
by which you declare that the Service Provider has failed to comply with its contract obligations, to pay the
procuring party, without disputing the afore-stated amount, without an obligation for the procuring party to
prove its request or to provide grounds or reasons for its request, provided that the procuring party shall
indicate in that request that the amount it requires arises from any of the afore-mentioned terms, by
indicating such term or terms.
This guarantee shall be valid till the full contract realisation and shall include ________ day after the full
realisation of the Contract number _______ from _________.
Any request in relation with this guarantee shall be delivered to the bank in the abovementioned timeframe.
This guarantee cannot be transferred to third persons.
Date:
Name and signature of authorised person:
______________________________
______________________________
Seal of Bank
ISO 9001:2008
MTC-06-ZP-09
48