CUSTOMS ADMINISTRATION OF THE REPUBLIC OF MACEDONIA CUSTOMS ADMINISTRATION OF THE REPUBLIC OF MACEDONIA CUSTOMS ADMINISTRATION OF THE REPUBLIC OF MACEDONIA CUSTOMS ADMINISTRATION OF THE REPUBLIC OF MACEDONIA

OPEN PROCEDURE NO. 12/2016OPEN PROCEDURE NO. 12/2016OPEN PROCEDURE NO. 12/2016OPEN PROCEDURE NO. 12/2016

REGARDING AWARD OF CONTRACT FOR PUBLIC PROCUREMENT OF REGARDING AWARD OF CONTRACT FOR PUBLIC PROCUREMENT OF REGARDING AWARD OF CONTRACT FOR PUBLIC PROCUREMENT OF REGARDING AWARD OF CONTRACT FOR PUBLIC PROCUREMENT OF

EXCISE STAMPS FOR MARKING OF TOBACCO PRODUCTS, EXCISE STAMPS FOR MARKING OF TOBACCO PRODUCTS, EXCISE STAMPS FOR MARKING OF TOBACCO PRODUCTS, EXCISE STAMPS FOR MARKING OF TOBACCO PRODUCTS,

INTERMEDIATE PRODUCTS AND ETHYL ALCOHOLINTERMEDIATE PRODUCTS AND ETHYL ALCOHOLINTERMEDIATE PRODUCTS AND ETHYL ALCOHOLINTERMEDIATE PRODUCTS AND ETHYL ALCOHOL

TENDER DOCUMENTATION FOR HARDTENDER DOCUMENTATION FOR HARDTENDER DOCUMENTATION FOR HARDTENDER DOCUMENTATION FOR HARD----COPY PROCEDURE COPY PROCEDURE COPY PROCEDURE COPY PROCEDURE

ENDING ENDING ENDING ENDING WITHWITHWITHWITH AN AN AN AN EEEE----AUCTIONAUCTIONAUCTIONAUCTION

Skopje, September 2016Skopje, September 2016Skopje, September 2016Skopje, September 2016

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TENDER NOTICETENDER NOTICETENDER NOTICETENDER NOTICE

Dear Bidders,

The Contracting Authority Customs Administration of the Republic of

Macedonia, with an address at “Lazar Licenoski” st. no. 13, 1000 Skopje, Republic

of Macedonia; contact phone: ++ 389 2 3171 779; e-mail address:

info@customs.gov.mk requires public procurement of excise stamps for excise stamps for excise stamps for excise stamps for

tobacco products, intermediate products and ethyl alcoholtobacco products, intermediate products and ethyl alcoholtobacco products, intermediate products and ethyl alcoholtobacco products, intermediate products and ethyl alcohol, according to the

Technical Specifications attached to this Tender Documentation.

To this end, the Contracting Authority is implementing a procedure to award a

Goods Public Procurement Contract through an open procedure in accordance

with Article 21 of the Law on Public Procurement (“Official Gazette of the

Republic of Macedonia” no. 27/15, 78/15, 192/15, 27/16 and 120/16), and it has

placed a Notice No. 12/2016No. 12/2016No. 12/2016No. 12/2016 thereon....

Please send your Bid regrading the above subject of Public Procurement

Contract no later than 12 October 201612 October 201612 October 201612 October 2016, by 12:00 hours12:00 hours12:00 hours12:00 hours (local time) via mail to

the above address or in person at the Contracting Authority Archives, at “Lazar

Licenoski” st. no. 13, 1000 Skopje, Republic of Macedonia.

This Notice is accompanied byTender Documentation containing all information

that will help you prepare the Bid. The Tender Documentation consists of the

following parts: Instructions to Economic Operators, Technical Specifications,

mandatory provisions to be contained in the Public Procurement Contract, a

Model Contract, Statement of Independent Bid, a General Information Form, a

List of Confidential Information Form and a Bid Form.

The opening of Bids will be public and held on 12 October 201612 October 201612 October 201612 October 2016, at 12:00 hours12:00 hours12:00 hours12:00 hours

(local time) at the premises of the Customs Administration of the Republic of

Macedonia, “Lazar Licenoski” st. no. 13, 1000 Skopje, Republic of Macedonia.

Thank you for the cooperation in advance.

In Skopje,

2 September 2016

Customs Administration of the

Republic of Macedonia

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IIII. . . . INSINSINSINSTRUCTIONS TO TRUCTIONS TO TRUCTIONS TO TRUCTIONS TO ECONOMIC OPERATORSECONOMIC OPERATORSECONOMIC OPERATORSECONOMIC OPERATORS (BIDDERS)(BIDDERS)(BIDDERS)(BIDDERS)

1. 1. 1. 1. GENERAL INFORMATIONGENERAL INFORMATIONGENERAL INFORMATIONGENERAL INFORMATION

1.11.11.11.1 DefinitionsDefinitionsDefinitionsDefinitions

1.1.1 1.1.1 1.1.1 1.1.1 Certain terms used in this Tender Documentation shall have the Certain terms used in this Tender Documentation shall have the Certain terms used in this Tender Documentation shall have the Certain terms used in this Tender Documentation shall have the

following meanings:following meanings:following meanings:following meanings:

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- “Public Procurement Contract” shall mean a contract for pecuniary

interest concluded in writing between the Contracting Authority on

the one hand and the Contractor on the other, whose subject is the

execution of works, delivery of goods or the provision of services

subject of Contract;

- “Procedure for awarding a Public Procurement Contract” shall mean a

procedure conducted by the Contracting Authority for the purpose or

effect of purchasing or acquiring goods, services or works;

- “Open procedure” shall mean a procedure in which any Economic

Operator may submit a Bid;

- “Electronic auction” shall mean a reverse auction realized after the

initial evaluation of Tenders, where Tenderers have the possibility,

exclusively by electronic means, to revise their proposed prices or

improve certain elements of their Tenders and where the ranking is

done automatically by electronic means;

- “Tender Documentation” shall mean a set of documents, information

and conditions that are the basis for the preparation, submission and

evaluation of Participation Requests, i.e. Bids;

- “Technical Specifications” shall mean a set of technical requirements,

regulations and standards that define in detail the minimum

requirements to be met regarding the technical aspects of goods,

services or works subject of Contract;

- “Economic Operator” shall mean any natural or legal person or group

of such persons offering goods, services or works in the market;

- “Affiliated Economic Operator” shall mean any economic operator

that:

� Is dominated by the economic operator it is affiliated with,

� Has a dominant influence on the economic operator it is

affiliated with, and

� Together with the economic operator that it is affiliated

with, is subject to a dominant influence by any third entity;

- “Dominant influence” shall mean:

� One economic operator directly or indirectly owns more

than half of the equity in another economic operator and

thus controls the majority of votes attached to the stocks or

shares issued by the other economic operator, and may

designate more than half of the management or supervisory

board members of the other economic operator, or

� There is up to second level kinship relationship between the

founders of both economic operators.

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- “Bidder” shall mean any economic operator that has submitted a Bid;

- “Bid” shall mean a proposal from the Bidder prepared on the basis of

Tender Documentation and it shall form the basis to award the Public

Procurement Contract;

- “Technical Offer” shall mean the part of the Bid which proves the

fulfillment of technical requirements and conditions set out in Tender

Documentation;

- “Financial Offer” shall mean the part of the Bid containing the prices

offered in accordance with Tender Documentation’s conditions;

- “Alternative Bid” shall mean a proposal offering features of the subject

of Public Procurement Contract other than those set out in Tender

Documentation;

- “Contractor” shall mean any tenderer or group of tenderers that

concluded the Public Procurement Contract;

- “Bid Evaluation” shall mean assessment of the Bid submitted in the

procedure for awarding a Public Procurement Contract;

- “Acceptable Bid” shall mean a bid submitted within the prescribed

period which has been established as fully meeting all the

requirements of Tender Documentation and Technical Specifications

and matching all the criteria, conditions and possible requirements

regarding the capacity of Bidders;

- “Adequate Bid” shall mean any acceptable offer within the amount

identified by the Contracting Authority in its Public Procurement

Decision or that may be additionally provided in accordance with

Article 28 paragraph (4) of the Public Procurement Law;

- “Contracting Authority’s Responsible Person” shall mean any official

heading a state authority, local goverment unit mayor or a legal entity

manager, i.e. a person authorized by such manager;

- “Electronic Means” shall mean using electronic equipment for

processing and storing of data (including digital compression), which

is transmitted, delivered and received by wire, radio or optical means

or by other electromagnetic means;

- “Electronic Public Procurement System” shall mean a fused unified

computing system available on the Internet, which is used to enable

greater efficiency and cost-effectiveness in the area of public

procurement;

- “Written or in writing” shall mean any expression consisting of words

or figures which can be read, reproduced and subsequently

communicated, including information transmitted and stored by

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electronic means, provided that content reliability is ensured and

signatures can be identified;

- “Surplus Works” shall mean quantities of contracted works exceeding

the agreed quantity of works set out in the description of Bill of

Quantities;

- “Deficit Works” shall mean negative deviations of contracted works as

regards agreed quantities of works set out in the description of Bill of

Quantities;

- “Contingencies” shall mean any works not covered by the Contract

which must be performed because of loopholes and flaws in the project

established by the supervisory authority and the designer, as well as

for the purpose of other duties prescribed by law;

- “Additional Works” shall mean any works that are not agreed, but the

Contracting Authority requests to be performed;

- “Economic Operator’s Account” shall mean the functionality of the

Electronic Public Procurement System that facilitates the prooving of

fulfillment of certain qualification criteria by registered economic

operators.

1.21.21.21.2 Contracting AuthorityContracting AuthorityContracting AuthorityContracting Authority

1.2.1 Contracting Authority is the Customs Administration of the Republic

of Macedonia, with its principal office at “Lazar Licenoski” st. no. 13, 1000 Skopje,

Republic of Macedonia; phone: ++ 389 2 3116 188; fax: ++ 389 2 3237 832; e-mail

address: info@customs.gov.mk; web address: www.customs.gov.mk.

1.2.2 Contracting Authority’s contact persons are Vesna Zmajsek and

Mirjana Stanoeva, telephone: ++ 389 2 3171 779, email:

vesna.zmajsek@customs.gov.mk and mirjana.stanoeva@customs.gov.mk.

1.3 1.3 1.3 1.3 Subject of Public Procurement ContractSubject of Public Procurement ContractSubject of Public Procurement ContractSubject of Public Procurement Contract

1.3.1 Subject of this Public Procurement Contract is the purchase of excise excise excise excise

stamps for tstamps for tstamps for tstamps for tobacco products, intermediate products and ethyl alcoholobacco products, intermediate products and ethyl alcoholobacco products, intermediate products and ethyl alcoholobacco products, intermediate products and ethyl alcohol for a

period of 3 (three) years. Detailed description of subject of Contract is given in the

Technical Specifications attached to this Tender Documentation and it is an

integral part thereof.

1.3.2 Subject of Contract is divisibledivisibledivisibledivisible into lots including:

LOTLOTLOTLOT 1111 – SupplySupplySupplySupply of excise stamps for tobacco productsof excise stamps for tobacco productsof excise stamps for tobacco productsof excise stamps for tobacco products

LOTLOTLOTLOT 2222 – Supply of excise stamps for intermediate products and ethyl alcoholSupply of excise stamps for intermediate products and ethyl alcoholSupply of excise stamps for intermediate products and ethyl alcoholSupply of excise stamps for intermediate products and ethyl alcohol

Bidder may bid for one or all Lots of the Subject of Contract. Bidder may not

divide the components of any individual Lot. A separate electronic auction shall

be conducted via the Electronic Public Procurement System (https://www.e-

nabavki.gov.mk) for each Lot of the Subject of Contract. Subject of each auction

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shall be the total price including all expenses and discounts, as well as import

duties, VAT exclusive, for each Lot of the Subject of Public Procurement

Contract.

1.4 1.4 1.4 1.4 Type of Procedure for Awarding a Public Procurement ContractType of Procedure for Awarding a Public Procurement ContractType of Procedure for Awarding a Public Procurement ContractType of Procedure for Awarding a Public Procurement Contract

1.4.1 Public Procurement Contract shall be awarded through an open

procedure, which will end with an electronic auction as the last stage in the

procedure.

1.4.2 This procedure shall not be conducted by electronic means via the

Electronic Public Procurement System (EPPS), except for the e-auction which

must be carried out through the EPPS (https://www.e-nabavki.gov.mk).

1.4.3 More detailed information on the use of electronic means: To be able

to participate in an electronic auction, you need to register in the EPPS. An

Economic Operator can register in the EPPS by completing a Registration Form

which is an integral part of the EPPS1, and the system will automatically process

the data from the registration form, generate a code and send it to the registered

email address of the Economic Operator. You will find more information on how

to register and use the system in the EPPS User Manual aimed at economic

operators, which can be downloaded from the home page of EPPS in the

“Economic Operators” section.

1.4.4 More detailed information on the electronic auction: Contracting

Authority shall use an electronic auction as the last phase of its open procedure.

Subject of such electronic auction shall be the total price including all expenses

and discounts, as well as import duties, VAT exclusive. The initial price of the

electronic auction is the lowest price of acceptable Bids submitted in the initial

phase of the procedure. Invitations to participate in the auction shall be

submitted electronically through the EPPS, after the full evaluation of initial

Bids, to all Economic Operators that have submitted acceptable Bids in the first

phase of the procedure and are registered in the EPPS.

The invitation to participate in the auction shall be electronically sent to the

mailbox of EPPS User Account of the contact person indicated in the Tender

Form being previously registered in the EPPS.

The invitation for participation in the auction shall contain the following

information: initial auction price, i.e. the lowest price of the initially submitted

Bids; date and time of auction commencement and completion; the interval

within which reverse bidding will be implemented (minimum and maximum

difference in the prices offered).

If only one Bid or only one Acceptable Bid is submitted, the Contracting

Authority shall invite the only Bidder to submit a final price via the EPPS. The

invitation to submit a final price shall contain the following data: identification 1“Register” link under the “Economic Operators” on the EPPS home page

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of the Tender Lot which will be subject of a final price submission, information

available prior to the final price submission and the time period for the final price

submission. The only Bidder shall submit its final price within the specified time

only once, and if it does not submit a final price, then the originally offered price

shall be deemed final.

1.5 1.5 1.5 1.5 Special Modalities Special Modalities Special Modalities Special Modalities ofofofof Public Procurement ContractPublic Procurement ContractPublic Procurement ContractPublic Procurement Contract AwardAwardAwardAward

1.5.1 This procedure shall end in a Public Procurement Contract award, i.e.

the special way of contract award under a framework agreement will not be used.

1.5.2 This procedure shall end with an electronic auction.

1.6 1.6 1.6 1.6 Applicable RegulationsApplicable RegulationsApplicable RegulationsApplicable Regulations

1.6.1 This procedure shall be conducted in accordance with the Law on

Public Procurement published in the “Official Gazette of the Republic of

Macedonia” no. 27/15, 78/15, 192/15, 26/16 and 120/16, as well as the respective

bylaws.

1.6.2 In preparing its Bid, the Bidder shall take into consideration the

applicable regulations in the area of taxes and other dues, labor relations,

working conditions and occupational safety, as well as regulations governing the

subject of procurement. All regulations can be found in the relevant editions of

the Official Gazette of the Republic of Macedonia. Bidder can obtain additional

information on the applicable regulations of the above areas from the Public

Revenue Office, Customs Administration and Ministry of Finance (regarding

taxes and other dues), as well as from the Ministry of Labor and Social Policy

(regarding labor relations, working conditions and OSH).

1.71.71.71.7 Source of FundsSource of FundsSource of FundsSource of Funds

1.7.1 The source of funds for implementation of the Public Procurement

Contract subject of this procedure is the Republic of Macedonia’s Budget.

1.1.1.1.8888 Right to ParticipationRight to ParticipationRight to ParticipationRight to Participation

1.8.1 Economic Operator with one or more negative references, a group of

economic operators where the Economic Operator with a negative reference is a

member, and an economic operator that is an affiliated company of the Economic

Operator with a negative reference, shall not be eligible to participate.

1.8.2 Any interested domestic and foreign natural or legal person, i.e. any

Bidder that is registered for an activity related to the Subject of Contract shall

have the right to submit a Bid.

1.8.3 A Group of Bidders shall also have the right to submit a Bid without

being obliged to join in an appropriate legal form. Contracting Authority shall

not require from the Group of Bidders to be associated in a specific legal form if

such group is selected as a Contractor.

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1.8.4 An integral part of the Joint Tender shall be an Agreement for Joint

Tender Submission that shall bind the Members of the Group of Economic

Operators mutually and to the Contracting Authority to implement the Public

Procurement Contract. This Agreement shall contain the following information:

− Member of the Group that will be responsible for the Group, i.e. that will

submit the Bid and represent the Group before the Contracting Authority,

− Member of the Group that will provide the Bid Guarantee in the form of a

bank guarantee or deposit on behalf of the Group of Economic Operators,

− Member of the Group that will sign the Public Procurement Contract on

behalf of the Group of Economic Operators,

− Member of the Group that will issue the invoice and provide an account

where the payments will be made,

− Brief description of responsibilities of each Member of the Group of

Economic Operators in terms of Contract execution,

1.8.5 All Members of the Group of Bidders shall be individually and

severally liable to the Contracting Authority for the performance of their duties.

Contracting Authority shall communicate with the Group of Bidders’

representative.

Note: At the time of submission of a Joint Tender (Bid), at least the Member

responsible for the Group shall be registered in the EPPS2.

1.8.6 A Member of the Group of Economic Operators may not withdraw

from the Group of Economic Operators until the conclusion of the Public

Procurement Contract if:

− It is responsible for the Group of Economic Operators,

− It provides the Bid Guarantee in the form of a bank guarantee or deposit,

− The Group of Economic Operators cannot prove their compliance with the

criteria for determining the capacity required in the procedure without

such Member, or

− Other Members of the Group do not undertake in solidarity the

obligations of the Group Member wishing to withdraw from the Group of

Economic Operators.

The withdrawal of a Member of the Group of Economic Operators contrary to the

stipulations referred to in the previous paragraph shall be deemed as a

withdrawal of the Joint Bid. 2If it is required to issue a negative reference to the Group of Bidders and some of the Group

Members are not registered in the EPPS, the Contracting Authority shall publish the negative

reference on all Members of the Group, whereby it shall previously register the unregistered ones

in the EPPS based on the information provided in the Bid.

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1.8.7 Economic Operator may, within the same procedure for awarding a

public procurement contract, participate in only one Bid. All Bids shall be

rejected if the Economic Operator:

- Participates in more than one individual Bid and/or as a Member of a Joint

Bid or

- Participates as a Subcontractor in another individual Bid and/or as a

Member of a Joint Bid.

1.8.8 Economic Operator may participate as a Subcontractor in more than

one Bids.

1.8.9 Bidder may hire Subcontractors. If the economic and financial

standing, as well as technical and professional capacity of the Bidder is not

supported by other entities as Subcontractors, Bidder shall have no

responsibility to submit documentation for determining the capacity of

Subcontractors. Otherwise, the procedure shall take place in accordance with

Articles 151 and 154 of the Law on Public Procurement, regardless of whether the

other entities are Subcontractors or not.

1.8.10 If the Bidder intends to assign part of its Public Procurement

Contract to one or more Subcontractors, the Bid must specify information

regarding the part of the Contract which the Bidder intends to assign to

Subcontractors, as well as data on all Subcontractors (company, address, tax

identification number, etc.). Bidder shall be liable to the Contracting Authority

for Public Procurement Contract execution, regardless of the number of

Subcontractors.

1.8.11 Persons involved in preparing the Tender Documentation shall not

be Bidders or Members of a Group of Bidders in the procedure for awarding the

Contract.

1.1.1.1.9999 Tender CostsTender CostsTender CostsTender Costs

1.9.1 Economic Operator shall bear all costs associated with the

preparation and submission of the Bid and the Contracting Authority shall not be

responsible for such costs regardless of the conduct and outcome of the

procedure for awarding a Public Procurement Contract.

1.101.101.101.10 Criterion for Public Procurement Contract AwardCriterion for Public Procurement Contract AwardCriterion for Public Procurement Contract AwardCriterion for Public Procurement Contract Award

1.10.1 A criterion for awarding the Public Procurement Contract shall be

the lowest price. The Economic Operator offering the lowest price during the

electronic auction and whose Bid has been previously assessed as acceptable

shall be selected as Contractor. In a procedure that ends with an electronic

auction, scoring of Bids shall not be performed, but only ranking of Bidders

according to the prices they have offered.

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1.10.2 Evaluation of Bids shall be made in accordance with the

Methodology for Expressing the Criteria for Public Procurement Contract Award

in Points (“Official Gazette of the Republic of Macedonia” no. 41/08).

1.11.11.11.11111 Prevention of Prevention of Prevention of Prevention of Conflict of InterestConflict of InterestConflict of InterestConflict of Interest

1.11.1 To prevent conflict of interest in the procedures for public

procurement contract award, the relevant provisions of the Law on Conflict of

Interest Prevention shall apply.

1.11.2 Contractor shall not, during the Public Procurement Contract

execution, hire persons who have been involved in the evaluation of Bids

submitted in the public procurement contract award procedure. In such case, the

Contract shall be considered null and void.

1.11.3 In the public procurement contract award procedure, the president,

deputy president, members and deputy members of the Public Procurement

Commission, as well as the responsible person, shall sign a Statement of No

Conflict of Interest which shall consist an integral part of the File of the

procedure conducted.

1.11.4 In case of conflict of interest with the president, his/her deputy,

members and their deputies in the Public Procurement Commission, they shall

withdraw from their work in the Commission and be replaced by other persons.

1.11.5 In case of conflict of interest with the responsible person, the same

shall authorize another person from among the officials or employees of the

Contracting Authority in order to render adequate decisions and execute the

Contract.

1.11.11.11.12222 Manner of CommunicationManner of CommunicationManner of CommunicationManner of Communication

1.12.1 Any request, information, notification and other documents in the

procedure shall be sent in writing. Each document shall be recorded at the time

of dispatch, i.e. at the time of receipt.

1.12.2 Documents, except for the Bid, shall be sent (signed and scanned) by

electronic means (e-mail), and/or by mail at the request of the Public

Procurement Commission.

1.12.3 The method of Bid submission is determined in Items 4.8 and 4.9 of

the Instructions to Bidders.

1.11.11.11.13333 Confidential InformationConfidential InformationConfidential InformationConfidential Information

1.13.1 Contracting Authority shall protect the information which the

Economic Operator has designated as confidential, especially when it comes to

trade secrets or intellectual property rights, except in cases where, by law, the

Contracting Authority is due to submit such information to competent

authorities (in case of a grievance procedure, administrative proceedings, etc.).

For this purpose, Economic Operator shall make a list of confidential information

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using the List of Confidential Information Form attached to this Tender

Documentation, and submit it along with its Bid.

1.13.2 If the Economic Operator fails to submit a List of Confidential

Information along with its Bid, the Contracting Authority shall consider that the

respective Bid does not contain any confidential information.

1.13.3 The Bid price shall not be considered confidential information

whatsoever.

2. 2. 2. 2. CAPACITY OF ECONOMIC OPERATORSCAPACITY OF ECONOMIC OPERATORSCAPACITY OF ECONOMIC OPERATORSCAPACITY OF ECONOMIC OPERATORS

2.1 2.1 2.1 2.1 Method of CapacityMethod of CapacityMethod of CapacityMethod of Capacity ProvingProvingProvingProving

2.1.1 Along with its Bid, Economic Operator shall provide supporting

documentation to prove its:

− Personal standing,

− Capacity to perform professional activities,

− Technical or professional capacity,

− Quality system standards

2.1.2 Required documentation shall be submitted in the original or as a

copy certified by the Economic Operator with a signature of its responsible

person, marked “True to the Original”.

2.1.3 When checking the validity and completeness of documentation

proving Economic Operator’s capacity and when evaluating the Bid, the

Commission shall request from Tenderers to clarify or supplement their

documents determining their capacity within 10 (ten) business days as of the

deadline for submission of Bids.

2.1.4 Requested clarification shall be submitted by the Economic Operator

in writing within the time limit specified by the Contracting Authority, which

shall not be less than 5 (five) working days as of the receipt of the Request by the

Bidder.

2.1.5 No changes to the Bid, except for correction of arithmetic errors, may

be requested, offered or allowed by the Commission or Economic Operator.

2.1.6 In case of a Group of Economic Operators, all Members of the Group

individually shall prove their personal standing and capacity to perform

professional activities.

2.2 2.2 2.2 2.2 Personal StandingPersonal StandingPersonal StandingPersonal Standing

2.2.1 Contracting Authority shall exclude from the Public Procurement

Contract Award procedure any Economic Operator that:

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- Has been issued an effective sentence for participation in a criminal

organization, corruption, fraud or money laundering within the last 5

years;

- Is in bankruptcy or liquidation proceedings;

- Has unpaid taxes, contributions and other public duties, unless the

Economic Operator has been granted deferred payment of taxes,

contributions or other public duties in accordance with special

regulations and pays them regularly;

- Has been imposed a secondary ban on participation in public bidding

procedures, awarding public procurement contracts and contracts for

public-private partnership;

- Has been imposed a temporary or permanent ban on performing

certain activities;

- Has been pronounced a misdemeanor sanction, i.e. ban on performing

a profession, activity or duty, or temporary prohibition to perform a

certain activity; and

- Gives false information or fails to provide information requested by

the Contracting Authority.

2.2.2 To prove its personal standing, the Economic Operator shall submit

the following documents:

- Statement by the Economic Operator that in the last 5 years, no

effective sentence for participation in a criminal organization,

corruption, fraud or money laundering has been issued to it;

- Certificate that no bankruptcy proceedings have been initiated by a

competent authority against the Economic Operator;

- Certificate that no liquidation procedure has been initiated by a

competent authority;

- Proof of paid taxes and other public charges from the competent

authority of the country where the Economic Operator is registered or

evidence of approved deferred payment thereof;

- Certificate from the Register of penalties for crimes committed by

legal entities that no secondary penalty has been imposed on the

Economic Operator to participate in public bidding procedures, public

procurement contract awarding and contracts for public-private

partnership;

- Certificate from the Register of penalties for crimes committed by

legal entities that the Economic Operator has not been imposed a

temporary or permanent ban on performing certain activity; and

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- Certificate that no final misdemeanor sanction, i.e. ban on performing

a profession, activity or duty, or prohibition to perform a certain

activity has been pronounced against the Economic Operator.

2.2.3 The Statement as in indent 1, item 2.2.2 shall be prepared and signed

by the Economic Operator itself and it does not have to be certified by a

competent authority.

2.2.4 Certificates that no bankruptcy proceedings and liquidation

procedure, including the Certificates from the Register of penalties for

committed crimes as in indents 5 and 6 of item 2.2.2 shall be issued by competent

authorities in the country where the Economic Operator is registered. In the

Republic of Macedonia, the competent authority for issuance of such certificates

is the Central Registry of the Republic of Macedonia.

2.2.5 The Certificate of paid taxes and other charges shall be issued by a

competent authority of the country where the Economic Operator is registered.

In the Republic of Macedonia, a competent authority issuing such certificates is

the Public Revenue Office.

2.2.6 The Certificate as in indent 7 of item 2.2.2 shall be issued by a

competent authority in the country where the Economic Operator is registered.

In the Republic of Macedonia, the competent authority for issuance of such

certificates is the Central Registry of the Republic of Macedonia.

2.2.7 The documents as in item 2.2.2 shall not be older than 6 (six) months

calculated backwards as of the deadline for submission of Bids.

2.2.8 If the country in which the Economic Operator is registered does not

issue the documents referred to in item 2.2.2 or if they do not cover all the above

cases, the Economic Operator may submit a Statement certified by a competent

authority.

2.3 2.3 2.3 2.3 Capacity to Perform Professional ActivityCapacity to Perform Professional ActivityCapacity to Perform Professional ActivityCapacity to Perform Professional Activity

2.3.1 To prove its capacity to perform professional activity, Economic

Operator shall submit a document of registered activity as proof that it is

registered as a natural or legal entity for performing the activity related to the

subject of Contract or proof that it belongs to an adequate professional

association in accordance with the regulations of the country where it is

registered.

2.2.2.2.4 4 4 4 Technical or Professional CapacityTechnical or Professional CapacityTechnical or Professional CapacityTechnical or Professional Capacity

2.4.1 To qualify as capable of performing the respective Public

Procurement Contract in terms of its technical or professional capacity, the

Economic Operator shall meet the following minimum requirements (for Lot 1

and Lot 2):

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− In the last 3 years, it shall have experience of at least 1 (one) delivery of

printed paper products with implemented security and holographic

stripe with applied security.

− It shall possess technical equipment including equipment that can

produce the subject of procurement in a quality and timely fashion.

− Staffing adequate to the subject of procurement.

2.4.2 Economic Operator shall prove its fulfillment of the minimum

requirements as in item 1 of Technical and Professional Capacity of the Bidder,

by submitting the following:

− List of major deliveries of printed products where paper with

implemented security and holographic stripe with applied security

was used, which have been performed in the last 3 years, by

submitting at least one certificate for a timely completed delivery or if

such certificate cannot be provided and is beyond Economic Operator’s

control, only a Statement for Performed Delivery.

− List of machinery and other equipment that will be used to perform

the entire process from printing to the preparation of excise stamps’

final delivery, including an accurate description of equipment type,

sort and brand.

− Statement for adequate staff hired.

2.4.3 The documents referred to in item 2.4.2 (except for the certificates)

shall be prepared and signed by the Economic Operator itself and they do not

have to be certified by a competent authority.

2.4.4 Documents filed as copies must be certified by the Economic

Operator with the signature of the responsible person and marked with “True to

the original”.

2.4.5 Technical and professional capacity of the Economic Operator may

be supported by another entity regardless of the legal relations between the

Economic Operator and such entity, except for the Reference List and previously

signed contracts.

If the Economic Operator proves its technical and professional capacity by

invoking the support of another entity, it shall prove such support by valid

evidence that such entity will make its respective technical and professional

resources available to the Economic Operator.

An effective verdict for participation in a criminal organization, corruption, fraud

or money laundering must not be rendered against the entity providing technical

and professional support.

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2.4.6 If Economic Operators submit a Bid as a Group of Economic

Operators, technical and professional capacity shall be proved by considering the

resources of all Group Members.

If the Group of Economic Operators participates with technical and professional

support by a third entity or third entities, the technical and professional capacity

shall be determined as referred to in item 2.4.5.

2.5 2.5 2.5 2.5 Quality System StandardsQuality System StandardsQuality System StandardsQuality System Standards

2.5.1 To qualify as capable of implementing the respective Public

Procurement Contract in terms of standards for quality systems, the Economic

Operator shall meet the following standards (for Lot 1 and Lot 2):

- Standards for quality systems ISO 9001 implemented

2.5.2 Economic Operator shall prove its fulfillment of the standards as in

item 2.5.1 by submitting:

- A valid copy of ISO 9001 certification

3. 3. 3. 3. CLARIFICATION, CLARIFICATION, CLARIFICATION, CLARIFICATION, CHANGECHANGECHANGECHANGES AND SUPPLEMENTS TO TENDER S AND SUPPLEMENTS TO TENDER S AND SUPPLEMENTS TO TENDER S AND SUPPLEMENTS TO TENDER

DOCUMENTATIONDOCUMENTATIONDOCUMENTATIONDOCUMENTATION

3.1 3.1 3.1 3.1 Clarification of Tender DocumentationClarification of Tender DocumentationClarification of Tender DocumentationClarification of Tender Documentation

3.1.1 Economic Operator may request clarification of Tender

Documentation by the Contracting Authority only in writing, no later than six (6)

days before the deadline for submission of Bids.

3.1.2 Contracting Authority shall provide clarification to all Economic

Operators that have acquired Tender Documentation, without indicating the

Economic Operator that requested clarification.

3.1.3 Contracting Authority shall supply the clarification through the

Electronic Public Procurement System (EPPS) using the module “Response to

questions in hard-copy”, whereby after the answer is posted, notification thereon

will be sent to all Economic Operators that have acquired Tender

Documentation.

3.2 3.2 3.2 3.2 Changes and Supplements to Tender DocumentationChanges and Supplements to Tender DocumentationChanges and Supplements to Tender DocumentationChanges and Supplements to Tender Documentation

3.2.1 Contracting Authority shall reserve the right to, no later than six (6)

days before the deadline for submission of Bids, at its own discretion or based on

the questions for clarification posed by the Bidders, change or supplement the

Tender Documentation, on which it shall immediately inform all Economic

Operators that have acquired Tender Documentation.

3.2.2 In case of changes to Tender Documentation, the Contracting

Authority shall extend the deadline for submission of Bids by at least 6 (six) days.

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3.2.3 In case of changes to Tender Documentation published in EPPS and

the extension of the deadline, the Contracting Authority shall publish the

changes made through the EPPS, after which all Economic Operators that have

acquired Tender Documentation by the moment of its changes shall receive an

automatic electronic notification that changes to the current Tender Notice were

published.

4. 4. 4. 4. PREPARATION AND SUBMISSION OF BIDSPREPARATION AND SUBMISSION OF BIDSPREPARATION AND SUBMISSION OF BIDSPREPARATION AND SUBMISSION OF BIDS

4.1 4.1 4.1 4.1 Bid ContentBid ContentBid ContentBid Content

4.1.1 A Bid shall be prepared based on the original Tender Documentation

and consist of the following elements:

---- Completed Bid Form composed of a GENERAL PART and TECHNICAL

AND FINANCIAL OFFER;

- Agreement on a Joint Tender (shall be submitted together with the Bid, only in case of a Joint Tender))));

- Documents proving the personal standing as specified in item 2.2. of

Tender Documentation;

- Document proving the capacity to perform professional activities

listed in item 2.3 of Tender Documentation;

- Proof of technical and professional capacity specified in item 2.4 of

Tender Documentation;

- Proof of compliance with quality system standards specified in item

2.5 of Tender Documentation;

- Bid Guarantee;

- Independent Bid Statement (in case of a Joint Tender, each Member (in case of a Joint Tender, each Member (in case of a Joint Tender, each Member (in case of a Joint Tender, each Member of the Group of Bidders shall submit its Independent Bid of the Group of Bidders shall submit its Independent Bid of the Group of Bidders shall submit its Independent Bid of the Group of Bidders shall submit its Independent Bid Statement for its entity/legal person, i.e. individuallyStatement for its entity/legal person, i.e. individuallyStatement for its entity/legal person, i.e. individuallyStatement for its entity/legal person, i.e. individually))));

- Completed General Information Form (i(i(i(in case of a Joint Tender, the n case of a Joint Tender, the n case of a Joint Tender, the n case of a Joint Tender, the General Information Form shall be completed on each Member of General Information Form shall be completed on each Member of General Information Form shall be completed on each Member of General Information Form shall be completed on each Member of the Group of Economic Operatorsthe Group of Economic Operatorsthe Group of Economic Operatorsthe Group of Economic Operators))));

- Completed Confidential Information List Form (the Form need not be (the Form need not be (the Form need not be (the Form need not be submitted if there is no confidential informationsubmitted if there is no confidential informationsubmitted if there is no confidential informationsubmitted if there is no confidential information)))).

4.1.2 Economic Operator shall prepare and submit its Bid based on the Bid

Form provided in this Tender Documentation.

If the Bid Form provided in this Tender Documentation does not allow the

Economic Operator to fully and comprehensively express its Bid, it can use

another form on which to submit its Bid provided that this form contains all

elements of the Bid Form provided in this Tender Documentation.

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A Bid submitted on a Bid Form which does not contain all the elements A Bid submitted on a Bid Form which does not contain all the elements A Bid submitted on a Bid Form which does not contain all the elements A Bid submitted on a Bid Form which does not contain all the elements

required by the Tender Documentation and required by the Tender Documentation and required by the Tender Documentation and required by the Tender Documentation and whiwhiwhiwhichchchch is not personally signed is not personally signed is not personally signed is not personally signed

shall be rejected as unacceptableshall be rejected as unacceptableshall be rejected as unacceptableshall be rejected as unacceptable....

If the Tender Documentation based on which the Bid is prepared, submitted and

evaluated, in addition to Macedonian is also prepared in English, the Macedonian

version of Tender Documentation shall be considered as valid in case of

discrepancy between the data in the same.

4.1.3 If the Bidder intends to assign part of its Public Procurement

Contract to one or more Subcontractors, the Bid shall specify data on the part of

Contract that it intends to assign to Subcontractors, as well as data on all

Subcontractors proposed (company, location, tax number, etc.). Bidder shall be

responsible to the Contracting Authority for execution of the Public

Procurement Contract, notwithstanding the number of Subcontractors.

4.2 4.2 4.2 4.2 Bid LanguageBid LanguageBid LanguageBid Language

4.2.1 The Bid, as well as all correspondence and documents related to the

Bid shall be submitted in Macedonian.

4.2.2 When expressing its price in words, a foreign Economic Operator

may use English in such part of the Bid.

4.2.3 Accompanying printed literature can be in another language.

Contracting Authority reserves the right to request from the Bidder to have the

printed literature submitted in another language translated in the phase of Bid

evaluation.

4.3 4.3 4.3 4.3 Bid PriceBid PriceBid PriceBid Price

4.3.1 Economic Operator shall include the price of each individual Lot in

the Price List.

4.3.2 The Price offered shall include all costs and discounts of the The Price offered shall include all costs and discounts of the The Price offered shall include all costs and discounts of the The Price offered shall include all costs and discounts of the

Economic Operator, it shall be expressed exclusive of value added taxEconomic Operator, it shall be expressed exclusive of value added taxEconomic Operator, it shall be expressed exclusive of value added taxEconomic Operator, it shall be expressed exclusive of value added tax,,,, which which which which

shall be shown separately.shall be shown separately.shall be shown separately.shall be shown separately. The Price offered shall include import duties if The Price offered shall include import duties if The Price offered shall include import duties if The Price offered shall include import duties if

any, and any expenses for the threeany, and any expenses for the threeany, and any expenses for the threeany, and any expenses for the three----member Customs Administration member Customs Administration member Customs Administration member Customs Administration

CommissionCommissionCommissionCommission (transport, accommodation and daily allowances) that will (transport, accommodation and daily allowances) that will (transport, accommodation and daily allowances) that will (transport, accommodation and daily allowances) that will

conduct the final verification (approval) before printing the excise stconduct the final verification (approval) before printing the excise stconduct the final verification (approval) before printing the excise stconduct the final verification (approval) before printing the excise stamps, as amps, as amps, as amps, as

well as costs for the staff who will perform at least quarterly audits of the well as costs for the staff who will perform at least quarterly audits of the well as costs for the staff who will perform at least quarterly audits of the well as costs for the staff who will perform at least quarterly audits of the

production process. Hence, subject of evaluation shall be the total Bid Price production process. Hence, subject of evaluation shall be the total Bid Price production process. Hence, subject of evaluation shall be the total Bid Price production process. Hence, subject of evaluation shall be the total Bid Price

including customs duties, net of VATincluding customs duties, net of VATincluding customs duties, net of VATincluding customs duties, net of VAT. . . .

In case of amendments to the legal and/or regulatory provisions

governing this matter, the Economic Operator shall, within the duration of the

Contract at no additional charge and at its own expense, make the relevant

changes and harmonization of the subject of procurement resulting from

changes in regulations and/or regulatory provisions governing the area of excise

operations in the Republic of Macedonia.

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4.3.3 The Bid Price shall be written in numbers and words. (If the Bid is

submitted by a foreign Economic Operator, the Bid Price shall, in addition to

numbers, be also expressed in words, in English).

4.3.4 If the Bid contains an unusually low price that is significantly lower

than the actual market value, which raises doubts that the Contract will be

executed, Contracting Authority shall request from the Tenderer, in writing and

before rejecting the Bid, details on the Bid which it considers relevant and check

the evidence submitted to justify the Bid Price.

If the Economic Operator fails to explain in writing the reasons for such price

within 5 (five) days as of the date of the request thereof, or if the Commission

does not accept its reasons, the Bid shall be rejected.

4.4 4.4 4.4 4.4 Bid CurrencyBid CurrencyBid CurrencyBid Currency

4.4.1 Bid Price shall be expressed in Denars or Euros. Macedonian Denar

shall be used as the currency for evaluation of Bids. The exchange rate used shall

be the exchange rate of the National Bank of the Republic of Macedonia, and the

rates of exchange shall be those that were in effect 14 days before the deadline

for submission of Bids.

4.5 4.5 4.5 4.5 Period of Bid ValidityPeriod of Bid ValidityPeriod of Bid ValidityPeriod of Bid Validity

4.5.1 Bids shall be valid for at least 365 days after the public opening,

within which period the Bid shall be binding for the Bidder in all its elements. If

the day of Bid opening is non-working, the Bid validity period shall be calculated

as of the next working day. A Bid valid for shorter period than the envisaged one

shall be rejected by the Contracting Authority as a non-compliant Bid.

4.5.2 If the Contracting Authority deems necessary, it may require from

the Bidder to extend the validity period of the Bid.

4.6 4.6 4.6 4.6 Bid GuaranteeBid GuaranteeBid GuaranteeBid Guarantee

4.6.1 As part of its Bid, Economic Operator shall ensure a Bid Guarantee

(Participation Guarantee) in the amount of at least 3%3%3%3% of the total Bid value

excluding VAT.

4.6.2 Bid Guarantee shall be in the form of a bank guarantee. Contracting

Authority shall accept all banks.

4.6.3 Bank Guarantee shall be submitted in its original form together with

the Bid. Scans/Copies shall not be accepted.

4.6.4 Bank Guarantee shall be valid for at least 14 days after the expiry of

Bid validity. . . .

4.6.5 Bid Guarantee may also be supplied in the form of deposits in Denars,

i.e. deposits paid as follows:

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− Recipient’s Name: Customs Administration of the Republic of Customs Administration of the Republic of Customs Administration of the Republic of Customs Administration of the Republic of

MacedoniaMacedoniaMacedoniaMacedonia

− Recipient’s Bank: NBRMNBRMNBRMNBRM

− Account: 100 0000000630 95100 0000000630 95100 0000000630 95100 0000000630 95

− Amount: MKDMKDMKDMKD ____________________

− Budget User’s Account - Spending Unit: 0900300175090030017509003001750900300175 666696 96 96 96 11111111

− Income Code and Program: 725939 20725939 20725939 20725939 20

− Purpose of Payment: Tender Guarantee for Notice OP No. 12/2016OP No. 12/2016OP No. 12/2016OP No. 12/2016....

4.6.6 Any Bid that does not include a Bid Guarantee (Bank Guarantee or

deposit) or includes a Bid Guarantee that is not in accordance with the

requirements of Tender Documentation shall be rejected by the Contracting

Authority as unacceptable.

4.6.7 Bid Guarantees of unsuccessful Bidders shall be returned within 30

(thirty) days after signing the Contract with the most favorable Bidder.

When returning the deposit paid as a Bid Guarantee, all costs When returning the deposit paid as a Bid Guarantee, all costs When returning the deposit paid as a Bid Guarantee, all costs When returning the deposit paid as a Bid Guarantee, all costs

(commissions, exchange rate differences) shall be borne by the Economic (commissions, exchange rate differences) shall be borne by the Economic (commissions, exchange rate differences) shall be borne by the Economic (commissions, exchange rate differences) shall be borne by the Economic

Operator depositing the fundsOperator depositing the fundsOperator depositing the fundsOperator depositing the funds....

4.6.8 Bid Guarantee may be executed/deposit kept if the Bidder withdraws

its Bid prior to the expiry of its validity period, does not accept the correction of

arithmetical errors by the Commission, does not sign the Public Procurement

Contract in accordance with the conditions of Tender Documentation and does

not provide a Contract Performance Guarantee.

4.6.9 If Bid Guarantee is executed/deposit is retained, it shall result in the

exclusion from further procedure and issuing a negative reference against such

Bidder in the manner and under the conditions laid down in the Public

Procurement Law.

4.6.10 A negative reference publication shall be decided by the

Contracting Authority by a Decision on Selection or Procedure Cancellation, and

it shall be published within 3 (three) working days as of the Final Decision on

Selection or Procedure Cancellation.

4.74.74.74.7. . . . Independent Bid StatementIndependent Bid StatementIndependent Bid StatementIndependent Bid Statement

4.7.1 In addition to its Bid, the Bidder shall submit a signed Statement of

Independent Bid, whereby it shall use the Statement Form attached to Tender

Documentation, which further explains its meaning and what actions will be

taken if the Contracting Authority finds out that the given allegations are

untrue.

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4.7.2 Independent Bid Statement shall be signed exclusively by the

responsible person, it shall be submitted along with the Bid and may not be

additionally submitted after the deadline for submission of Bids.

4.7.3 Any Bid that does not include a signed Statement of Independent Bid

shall be rejected by the Contracting Authority as unacceptable.

4.84.84.84.8 Form and Execution of BidForm and Execution of BidForm and Execution of BidForm and Execution of Bid

4.8.1 Bidder shall prepare one original copy marked “Original”. The Bid

shall be written in indelible ink and signed in handwriting by3333 the responsible

person of the Economic Operator or a person authorized by the responsible

person.

If the Bid is signed byIf the Bid is signed byIf the Bid is signed byIf the Bid is signed by a person authorized by the responsible persona person authorized by the responsible persona person authorized by the responsible persona person authorized by the responsible person, in , in , in , in

addition to the Bid, addition to the Bid, addition to the Bid, addition to the Bid, an authorization to sign the Bid shall also be submitted,an authorization to sign the Bid shall also be submitted,an authorization to sign the Bid shall also be submitted,an authorization to sign the Bid shall also be submitted,

signed by the responsible person of the Economic Operatorsigned by the responsible person of the Economic Operatorsigned by the responsible person of the Economic Operatorsigned by the responsible person of the Economic Operator....

All pages of the Bid, except the unamended printed literature, shall be initialed

by the person signing the Bid. Any writing between lines, deletion or writing over

a previous text shall be valid only if initialed by the person signing the Bid.

4.8.2 If the Bidder intends to assign part of its Public Procurement

Contract to one or more Subcontractors, the Bid shall provide information on the

part of the Contract that it intends to assign to Subcontractors, as well as

information on all Subcontractors proposed (company, location, tax number, etc.).

The Bidder shall be resposnible to the Contracting Authority for Public

Procurement Contract execution, notwithstanding the number of

Subcontractors.

4.9 4.9 4.9 4.9 Sealing and Marking of TendersSealing and Marking of TendersSealing and Marking of TendersSealing and Marking of Tenders

Bidder shall submit the original copy of the Bid in a sealed inner envelope

containing the name of the Bidder with its full and correct address.

The inner envelope shall be enclosed in a sealed outer envelope which:

- Is addressed with the exact address of the Contracting Authority;

- Contains an indication: Open Procedure No. 12/2016Open Procedure No. 12/2016Open Procedure No. 12/2016Open Procedure No. 12/2016;

- In the upper left corner, there is a label ““““Do not openDo not openDo not openDo not open””””, indicating that it

shall not be opened before the time and date of Bid opening.

If both envelopes are not sealed and marked as required, the Contracting

Authority shall assume no responsibility for the misplacement or premature

opening of the Bid. 3333 A Bid signed by a facsimile shall be deemed as Bid with a formal deficiency and it will be

rejected as unacceptable.

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Bids which were opened prematurely or damaged and thus, their contents can be

seen due to non-compliance with the requirements for their closing and

designation, shall be rejected as irregular.

4.10 4.10 4.10 4.10 Deadline and Place foDeadline and Place foDeadline and Place foDeadline and Place for Submission of Tendersr Submission of Tendersr Submission of Tendersr Submission of Tenders

4.10.1 Deadline for submission of Bids is 12 October 201612 October 201612 October 201612 October 2016, by 12:0012:0012:0012:00 hours.

4.10.2 Bids shall be submitted to the following address: Customs

Administration of the Republic of Macedonia, “Lazar Licenoski” st. no. 13, 1000

Skopje, Republic of Macedonia, marked ““““For Open Procedure No. 12/2016For Open Procedure No. 12/2016For Open Procedure No. 12/2016For Open Procedure No. 12/2016””””.

4.10.3 A Bid submitted after the deadline for submission of Bids shall be

rejected as late and will be returned to the Economic Operator unopened.

4.11 4.11 4.11 4.11 Alternative BidsAlternative BidsAlternative BidsAlternative Bids

4.11.1 In this Public Procurement Contract procedure, alternative Bids

shall not be allowed.

4.12 4.12 4.12 4.12 Modification, Replacement and Withdrawal of BidModification, Replacement and Withdrawal of BidModification, Replacement and Withdrawal of BidModification, Replacement and Withdrawal of Bid

4.12.1 Bidders may modify, replace or withdraw their Bids after bid

submission, provided that such modifications, replacements or withdrawals are

submitted to the Contracting Authority prior to the deadline for submission of

Bids indicated in item 4.10.

4.12.2 Any modifications, replacements and withdrawals of Bids shall be

prepared, enveloped, marked and submitted in accordance with items 4.9 and

4.10, whereby the envelope shall be adequately marked with “Modification”,

“Replacement” or “Withdrawal”.

4.12.3 A Bid may not be modified, replaced or withdrawn after the deadline

for submission of Bids referred to in item 4.10.

4.12.4 Any withdrawal of the Bid between the deadline for submission of

Bids and the expiration of the Bid validity period shall result in payment of the

Bid Guarantee and publication of a negative reference in the EPPS.

5. 5. 5. 5. OPENING AND EVALUATION OF BIDSOPENING AND EVALUATION OF BIDSOPENING AND EVALUATION OF BIDSOPENING AND EVALUATION OF BIDS

5.1 5.1 5.1 5.1 Opening of Opening of Opening of Opening of BidsBidsBidsBids

5.1.1 Public opening of Tenders may be attended by any interested person.

5.1.2 Only authorized representatives of Bidders may participate in the

procedure of public opening of Bids by giving their comments for the Records of

Bid Opening.

5.1.3 Authorized representatives of Economic Operators at the public

opening must have an authorization signed by the responsible person of the

Economic Operator. All authorized representatives of Economic Operators

attending the public opening shall sign an Attendance List.

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5.1.4 Public opening will take place on 12 October 201612 October 201612 October 201612 October 2016, at 12:0012:0012:0012:00 hours, on

the premises of Customs Administration of the Republic of Macedonia, “Lazar

Licenoski” st. no. 13, 1000 Skopje.

5.1.5 Submitted Bids shall be opened in accordance with the Law on Public

Procurement, one at a time, by reading the name of the Economic Operator,

whereby it shall be established whether the Bids were submitted under item 4.9

of Tender Documentation and if they are in the original, and then, Bids shall be

read out in the same order in which they were opened, except for the Bids which,

according to the Law on Public Procurement, were excluded from further

procedure. In doing so, replacements, modifications and withdrawals shall be

read first. After that, Bid Prices shall be read, including any discounts, the

existence of a Bid Guarantee and Independent Bid Statement. Only discounts

read at the public opening of Bids shall be considered in the evaluation of Bids.

No Bid shall be rejected at Bid opening, except for late Bids.

5.1.6 Public Procurement Commission shall proceed with the opening of

Bids even if only one Bid has been submitted.

5.1.7 During the opening of Bids, Records shall be kept in accordance with

the Rules of Procedure on Bid Opening and the Form of the Records of Bid

Opening (“Official Gazette of the Republic of Macedonia” no. 154/07).

5.2 5.2 5.2 5.2 Confidentiality of Bid Evaluation ProcessConfidentiality of Bid Evaluation ProcessConfidentiality of Bid Evaluation ProcessConfidentiality of Bid Evaluation Process

5.2.1 No information about the consideration, evaluation and comparison

of Bids in the process of evaluation shall be disclosed to the Economic Operators

or any other person not officially involved in such process.

5.3 5.3 5.3 5.3 Clarification of BidsClarification of BidsClarification of BidsClarification of Bids

5.3.1 During the consideration and evaluation of Bids, the Commission

shall require from the Bidders that have no negative reference to clarify or

supplement their capacity-proving documents. Contracting Authority’s Request

for clarification or addition and the response thereto shall be in writing. No

change in either Technical or Financial Offer shall be requested or allowed,

except for clarification of the Bid upon prior written Commission’s Request and

correction of arithmetical errors.

5.3.2 Any clarification submitted by the Economic Operator related to its

Bid which is not given as a response to a Request by the Contracting Authority

shall not be considered.

5.4 5.4 5.4 5.4 Correction of Arithmetical ErrorsCorrection of Arithmetical ErrorsCorrection of Arithmetical ErrorsCorrection of Arithmetical Errors

5.4.1 If the Bid is acceptable and prepared and submitted in accordance

with Tender Documentation, Contracting Authority shall correct arithmetical

errors as follows:

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- If there is a discrepancy between words and figures, the amount

written in words shall prevail;

- If there is a difference between the unit price and total price, the unit

price shall prevail.

5.4.2 Public Procurement Commission shall correct the errors in the Bid as

in the procedure described and this shall be considered binding for the Economic

Operator.

5.4.3 If the Economic Operator does not accept the correction of

arithmetical errors, the Bid shall be rejected, and the Bid Guarantee shall be

activated and a negative reference posted in the EPPS.

6. 6. 6. 6. PUBLIC PROCUREMENT CONTRACT AWARDPUBLIC PROCUREMENT CONTRACT AWARDPUBLIC PROCUREMENT CONTRACT AWARDPUBLIC PROCUREMENT CONTRACT AWARD

6.1 6.1 6.1 6.1 Public Procurement Contract AwardPublic Procurement Contract AwardPublic Procurement Contract AwardPublic Procurement Contract Award

6.1.1 Contracting Authority shall, after conducting an electronic auction as

the last phase of the open procedure, award the Contract to the Economic

Operator that offered the lowest price during the reverse bidding.

6.1.2. If during the auction, there was no reverse bidding, i.e. reduction of

the initial price, Contracting Authority can award the Public Procurement

Contract to the Economic Operator that offered the lowest price in the initial

phase of the procedure.

6.1.3 If no new price during the electronic auction is submitted while two

or more Bids have the same price, the earlier submitted Bid shall be selected as

most favorable.

6.1.4. In case only one acceptable Bid was filed in the first phase of the

procedure, i.e. if no conditions were met for holding an electronic auction,

Contracting Authority shall invite the only Bidder to submit its final price in the

EPPS, after which Contracting Authority may award the Public Procurement

Contract to the sole Economic Operator that submitted an acceptable Bid or

cancel the procedure if prices less realistic than actual market prices were

submitted.

6.1.5 If during the procedure for awarding a Public Procurement Contract,

the most favorable acceptable Bid under procedure requirements has a price

higher than the amount of funds specified in the Public Procurement Decision,

the Contracting Authority may amend its Decision and provide additional funds

necessary to execute the Contract provided that the price offered is not less

favorable than actual market prices and does not exceed the threshold set for

such type of procedure under the Public Procurement Law.

6.1.6 Following the electronic auction/submission of final price in the

EPPS and selection of the best Bidder, if the subject of procurement or individual

Lot consists of several items, the price of each individual item shall be calculated

with an appropriate reduction that will be equal to the percentage of price

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reduction of the initial Bid of the most favorable Bidder selected (before the e-

auction/before submitting the final price in the EPPS) and the price of the last

Bid (after the auction/after submission of final price in the EPPS).

6.2 6.2 6.2 6.2 Notification on Public Procurement Contract AwardNotification on Public Procurement Contract AwardNotification on Public Procurement Contract AwardNotification on Public Procurement Contract Award

6.2.1 Following the electronic auction, the EPPS public section shall

automatically publish and send to all participants in the auction an automatic

notification on the Economic Operator that submitted the lowest price during

the reverse bidding. Such notification is of informative nature and shall not

cause any legal consequences. The outcome of the electronic auction shall

present a basis for making a Decision on the most favorable Bid selection....

6.2.2 The most favorable Economic Operator selected shall be notified in

writing that its Bid has been accepted, within 3 (three) days as od the Decision to

choose the best Bid. At the same time, all other Economic Operators shall be

notified on the results of the Tender, the Decision on the most favorable

Economic Operator and the reasons for non selecting their Bids. Economic

Operators that participated in the procedure are entitled to see the Report on the

Procedure conducted.

6.3 6.3 6.3 6.3 Legal Legal Legal Legal ProtectionProtectionProtectionProtection

6.3.1 Any Economic Operator having legal interest in winning the Public

Procurement Contract and that has suffered or may suffer damages from

possible violations of the provisions of this Law may seek legal protection

against the Decisions, actions or failures to undertake actions by the Contracting

Authority in the procedure for awarding a Public Procurement Contract, in

accordance with the terms and procedure provided for in the Public Procurement

Law. The right to complain in a procedure that ends with an electronic auction in

terms of determining the capacity of Bidders and full evaluation of initial Bids

shall be exercised after rendering a Decision on Best Bidder Selection or on

Procedure Cancellation.

6.3.2 Any Complaint shall contain the following elements:

- Information on the Complainant (name, name of the Economic

Operator, address of residence and Head Office);

- Information on the legal representative or attorney;

- Name and address of Contracting Authority;

- Number and date of the procedure for awarding a Public Procurement

Contract and information on the Public Procurement Contract Award

Notice;

- Number and date of the Best Bid Selection Decision, Decision

canceling the Procedure or other Contracting Authority’s Decisions;

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- Information on actions or failures to undertake actions by the

Contracting Authority;

- Description of the actual situation;

- Description of irregularities and explanation thereof;

- Proposed evidence;

- Complaint and/or Request for reimbursement of proceedings’ costs;

and

- Signature of authorized person.

6.3.3 Complainant shall submit proof of payment of the fee for the

procedure.

6.3.4 Complainant that is not located in the Republic of Macedonia shall

appoint an attorney that will receive the writs.

6.3.5 Any Complaint shall be filed with the State Commission. Any

Complaint shall be submitted in person or by registered mail simultaneously to

both the Contracting Authority and State Commission. The day of filing the

Complaint by registered mail shall be deemed as the date of filing. In case of

personal submission of the Complaint, the Contracting Authority shall issue to

the Complainant a Receipt confirming the time of receipt.

6.3.6 In the proceedings before the State Commission, the Complainant

shall, in addition to the administrative fee, also pay a fee for conducting the

procedure depending on the amount of the Bid, including:

- Up to 20,000 Euros in Denar equivalent, a fee of 100 Euros in Denar

equivalent;

- From 20,000 to 100,000 Euros in Denar equivalent, a fee of 200 Euros

in Denar equivalent;

- From 100,000 to 200,000 Euros in in Denar equivalent, a fee of 300

Euros in Denar equivalent; or

- Over 200,000 Euros in Denar equivalent, a fee of 400 Euros in Denar

equivalent.

6.3.7 In case there is no Bid, the fee for the procedure shall be calculated

based on the estimated value of the Public Procurement Contract, whereby the

State Commission shall notify the Complainant on the fee and the period within

which to submit proof of the payment thereof.

6.3.8 The fee for the procedure shall be income for the Budget of the

Republic of Macedonia.

6.3.9 Contracting Authority shall not sign the Public Procurement

Contract and ask for its execution within 12 days as of the date of receiving the

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Decision determining the individual right in the procedure for awarding the

Public Procurement Contract, except:

- In the events of Articles 99 and 198 of the Law;

- In cases where only one Bidder particiapted in the procedure and

whose Bid was the winning one; or

- In case of individual Public Procurement Contracts based on a

Framework Agreement.

6.4 6.4 6.4 6.4 Public Procurement Contract ConclusionPublic Procurement Contract ConclusionPublic Procurement Contract ConclusionPublic Procurement Contract Conclusion

6.4.1 Contracting Authority shall deliver the Public Procurement Contract

to the most favorable Bidder selected, in 6 (six) copies for signing.

6.4.2 The best Bidder selected shall, within 15 (fifteen) days as of the

receipt of the Contract, sign the Public Procurement Contract and return it to the

Contracting Authority. Contracting Authority shall send to the most favorable

Bidder the required number of copies of the Contract after it is signed by the

authorized person of the Contracting Authority.

6.4.3 If the selected best Bidder fails to sign the Contract within the period

stipulated in item 6.4.2 of Tender Documentation, Contracting Authority shall

reserve the right to consider that the selected best Bidder in question waived

signing the Contract, activate the Bid Guarantee and publish a negative

reference in the EPPS.

7. 7. 7. 7. MANDATORY ELEMENTS OF PUBLIC PROCUREMENT CONTRACTMANDATORY ELEMENTS OF PUBLIC PROCUREMENT CONTRACTMANDATORY ELEMENTS OF PUBLIC PROCUREMENT CONTRACTMANDATORY ELEMENTS OF PUBLIC PROCUREMENT CONTRACT

7.1 7.1 7.1 7.1 Manner of PaymentManner of PaymentManner of PaymentManner of Payment

7.1.1 The following way of payment is envisaged: a bank transfer within 60

(sixty) days as of the first day following the receipt of the invoice in the archives

of Customs Administration of the Republic of Macedonia.

If the Contractor is a foreign legal/natural entity, it shall bear the cost of

commissions of foreign banks, except for the commission of the bank on the

Contracting Authority, which shall be borne by the Contracting Authority itself.

This method of payment shall be mandatory. Any Bid containing a payment

method other than the one specified in this item shall be deemed as unacceptable

and as such shall be rejected by the Public Procurement Commission.

7.2 7.2 7.2 7.2 Manner, Time and Place of DeliveryManner, Time and Place of DeliveryManner, Time and Place of DeliveryManner, Time and Place of Delivery

7.2.1 Contractor shall deliver the subject of Contract successively

according to the needs of the Contracting Authority, as follows (for both LOT 1

and LOT 2):

- Contractor shall start printing excise stamps (in quantities and

dimensions) only upon receiving a written Order by the Contracting

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Authority. Such Order may also be sent by a system of electronic

exchange of data between the Contractor and Contracting Authority.

(Contracting Authority shall deliver to the Contractor Excise Stamp

Printing and Delivery Orders for tobacco products and alcoholic

beverages in the quantities agreed in the dynamics of monthly Orders).

- Contractor shall appropriately package excise stamps for tobacco goods

(excise stamps for cigarettes), i.e. 50,000 pieces per package with

markings and serial numbers specified on the outer packaging in

accordance with Article 39, paragraph 18 of the Rules on Excise Law

Implementation.

Exceptionally, Customs Administration may order that quantities smaller

than 50,000 pieces (control stamps for cigars and smoking tobacco) be

packed in one single package, with markings and serial numbers specified

on the outer packaging, in accordance with Printing Orders delivered by

Customs Administration.

- Contractor shall package appropriately the self-adhesive excise stamps

for intermediate products and ethyl alcohol, i.e. 600 pieces per package

with markings and serial numbers specified on the outer packaging, in

accordance with Article 34 paragraph 13 of the Rules on Excise Law

Implementation.

Self-adhesive control stamps for intermediate products and ethyl alcohol shall be

placed horizontally on a roll.

Example:

7.2.2 Contractor shall deliver the subject of Contract in the following

periods:

- The first amount of control stamps (from 25 to 30 million excise stamps

for tobacco goods and 0.5 to 1 million excise stamps for intermediate

products and ethyl alcohol) shall be delivered within 90 (ninety) days as of

the date of Contract conclusion, including transportation and delivery

costs, at the Treasury of the National Bank of the Republic of Macedonia

or elsewhere in Skopje, as designated by the Contracting Authority. The

amount of the first Order shall be defined by the Contracting Authority

within 10 (ten) days as of the date of signing the Contract.

- Each subsequent amount of excise stamps shall be delivered within 10

(ten) days after the receipt of the Printing Order (which can also be sent

via a system of electronic data exchange), including transport and

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delivery costs, at the Treasury of the National Bank of the Republic of

Macedonia or elsewhere in Skopje, as designated by the Contracting

Authority.

7.2.3 The manner, time and place of delivery shall be mandatory. Each Bid

containing a manner, time and place of delivery other than those determined in

this item shall be deemed unacceptable and as such, it shall be rejected by the

Public Procurement Commission.

7.3 7.3 7.3 7.3 Price Differences (Correction of PricesPrice Differences (Correction of PricesPrice Differences (Correction of PricesPrice Differences (Correction of Prices))))

7.3.1 Correction of prices is not envisaged, i.e. the prices quoted in the Bid

of the best Bidder shall be fixed for the entire term of the Contract.

7.4 7.4 7.4 7.4 Advance PaymentAdvance PaymentAdvance PaymentAdvance Payment

7.4.1 Advance payment shall not be allowed for Public Procurement

Contract implementation.

7.5 7.5 7.5 7.5 Contract Performance GuaranteeContract Performance GuaranteeContract Performance GuaranteeContract Performance Guarantee

7.5.1 The Bidder whose Bid was selected as the most favorable and has

been awarded the Public Procurement Contract shall, within 15 working days as

of the date of signing the Contract, provide a Guarantee for Contract

performance, amounting to 15% of the Contract value including VAT.

7.5.2 The Guarantee as in item 7.5.1 shall be submitted in the form of a

bank guarantee, in writing. The Guarantee shall be submitted in its original form.

Copies shall not be accepted.

7.5.3 The Contract Performance Guarantee shall be valid for at least 3

(three) months after the deadline for completion of the Contract.

7.5.4 The Bank Guarantee for Contract Quality Performance shall be in

the currency of the Contract.

7.5.5 The Contract Performance Guarantee shall be issued by a bank. If the

Bank Guarantee for Contract Quality Performance is issued by a bank outside the

Republic of Macedonia, it should be rated at least BBBBBBBBBBBB under the credit rating

system of Standard and Poor’s, Fitch, IBCA and Tompson Bank Watch or Baa3Baa3Baa3Baa3

according to Moody’s rating system.

7.5.6 The Contract Performance Guarantee shall be submitted within the

specified period, by mail or in person at the Customs Administration,

Department of Public Procurement.

7.5.7 The Contract Performance Guarantee shall be executed if the

Contractor does not fulfill some of its obligations in the Public Procurement

Contract within the maturity period, and the Contractor shall be informed

thereon in writing. If the Contract Performance Guarantee is executed, the

Contracting Authority shall publish a negative reference on the Contractor in

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the EPPS. Regrading the execution of the Bank Guarantee for quality

performance of the Contract and the publication of a negative reference in the

EPPS, the Contractor may initiate proceedings before a competent court.

7.5.8 If the Public Procurement Contract is fully implemented as agreed,

the Bank Guarantee for Contract Quality Performance shall be returned to the

Contractor by the Contracting Authority within 14 days as of completion of

contractual obligations.

7.5.9 The Contract Performance Guarantee shall be returned to the

Contractor by the Contracting Authority, by mail, in person at the Head Office of

the Economic Operator or in person at the Head Office of the Contracting

Authority.

8888. . . . CANCELLATION OF PRCANCELLATION OF PRCANCELLATION OF PRCANCELLATION OF PROCEDUREOCEDUREOCEDUREOCEDURE

8.1 Contracting Authority may cancel the procedure for awarding a Public

Procurement Contract if:

- The number of candidates is lower than the minimum number

envisaged for public procurement contract award procedures

pursuant to this Law;

- Not one single Bid or acceptable Bid has been sumitted;

- Not one adequate Bid has been submitted in a procedure where the

subject of Contract is defined as a single Lot, nor in procedures where

the subject of Contract is defined in several Lots, and where the

suitability of Bids can be established;

- Acceptable Bids that cannot be compared due to their different

approaches to Technical and Financial Offers have been submitted;

- Unexpected changes in the Contracting Authority’s budget have

occurred;

- Bidders have offered prices and conditions for Public Procurement

Contract execution that are less favorable than actual market prices;

- Contracting Authority finds that Tender Documentation contains

serious flaws or shortcomings until the opening of Bids;

- Unforeseen and objective circumstances have changed the

Contracting Authority’s needs,

- Contracting Authority cannot select the winning Bid due to

significant violations of the Law in accordance with Article 210 of this

Law; or

- Selected Bidder waives to sign the Contract.

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9. 9. 9. 9. COMPLETION OF PUBLIC PROCUREMENT CONTRACT AWARD COMPLETION OF PUBLIC PROCUREMENT CONTRACT AWARD COMPLETION OF PUBLIC PROCUREMENT CONTRACT AWARD COMPLETION OF PUBLIC PROCUREMENT CONTRACT AWARD

PROCEDUREPROCEDUREPROCEDUREPROCEDURE

9.1 The procedure for awarding a Public Procurement Contract shall end as at the

day of making a final Decision on Bid Selection or Procedure Cancellation.

IIIII. I. I. I. TECHNICAL SPECIFICATIONSTECHNICAL SPECIFICATIONSTECHNICAL SPECIFICATIONSTECHNICAL SPECIFICATIONS

Technical Specifications Regarding Procurement of Excise Stamps for Technical Specifications Regarding Procurement of Excise Stamps for Technical Specifications Regarding Procurement of Excise Stamps for Technical Specifications Regarding Procurement of Excise Stamps for

Marking Tobacco Products, Intermediate Products and Ethyl AlcoholMarking Tobacco Products, Intermediate Products and Ethyl AlcoholMarking Tobacco Products, Intermediate Products and Ethyl AlcoholMarking Tobacco Products, Intermediate Products and Ethyl Alcohol

Customs Administration needs supplies of excise stamps for tobacco products,

intermediate products and ethyl alcohol for a period of 3 (three) years.

Forms of control stamps for marking intermediate products and ethyl alcohol

and tobacco products are laid down in the Regulation amending the Regulation

implementing the Law on Excises (“Official Gazette of the RM” no. 58/2016).

Subject of procurement is divisible in two Lots, including:Subject of procurement is divisible in two Lots, including:Subject of procurement is divisible in two Lots, including:Subject of procurement is divisible in two Lots, including:

Lot 1 Lot 1 Lot 1 Lot 1 ---- Procurement of control stamps for tobacco goods and Lot 2 Procurement of control stamps for tobacco goods and Lot 2 Procurement of control stamps for tobacco goods and Lot 2 Procurement of control stamps for tobacco goods and Lot 2 ----

Procurement of control stamps for intermediate products and ethyl alcoholProcurement of control stamps for intermediate products and ethyl alcoholProcurement of control stamps for intermediate products and ethyl alcoholProcurement of control stamps for intermediate products and ethyl alcohol....

Subject of ProcurSubject of ProcurSubject of ProcurSubject of Procurementementementement::::

Lot 1 Lot 1 Lot 1 Lot 1 ---- Procurement of control stamps for tobacco goodsProcurement of control stamps for tobacco goodsProcurement of control stamps for tobacco goodsProcurement of control st