en.docx · web viewcity of skopje. invitation to submit a bid. the contracting authority:city of...

CITY OF SKOPJE

INVITATION TO SUBMIT A BID

The Contracting Authority:City of Skopje, with head office at Bul. "Ilinden", 82 - Skopje e-mail: [email protected], fax: (02) 3297292, contact person: BojanSaveski, tel. (02) 3297222, needs to procure the following goods: Supply, transport and installation of equipment for an amusement park - Skopje.

To this end, the Contracting Authority:City of Skopje is carrying out an open procedure for awarding a public procurement Contract pursuant to Article 64, paragraph 2 and Article 65, using an electronic auction as the last stage in the procedure, pursuant to Article 121, paragraph 1 of the Law on Public Procurement ( "Official Gazette the Republic of Macedonia "no. 136/07, 130/08, 97/10, 53/11, 185/11, 15/13, 148/13, 160/13, 28/14, 43/14, 130/14 , 180/14, 78/15, 192/15, and 27/16).

We hereby invite all interested Economic Operators to submit a Bid for the above mentioned subject matter of the public procurement by the date and time specified in the annoucement for awarding a public procurement Contract, by mail or in person at the Archives of the City of Skopje, located in the Department of Public Procurement, building 1a.

Enclosed with this invitation please find attached the Tender Documentation which contains all information which will help you to prepare the Bid.When preparing their bids, the Economic Operators should use the original forms that are an integral part of the Tender Documentation.

The interested Economic Operators may download the Tender Documentation from the web-site: www.e-nabavki.gov.mk or may collect a hardcopy any work day between 8.30 and 16.30 at the City of Skopje, Bul. Ilinden no. 82, Department of Public Procurement, building 1a.

Any questions or requests for clarification concerning the Tender Documentation may be submitted electronically at the above mentioned address.

The Contracting Authority shall submit all the answers to the questions or clarifications to all Economic Operators that have acquired the Tender Documentation, without identifying the Economic Operator who has submitted the question or requested a clarification.Also, any changes to the Tender Documentation shall be submitted by the Contracting Authority to all Economic Operators that have acquired the Tender Documentation.

The Bid opening will be public and will be held on the date and time specified in the announcement for awarding a public procurement Contract, at the premises of the City of Skopje, Department for Public Procurement, bul. "Ilinden" 82, Skopje, building 1a.

Signed Statement on the seriousness of the offer must be submitted along with the Bid.

Public Procurement CommissionPresident,

Slobodan Kjosev

1

http://www.e-nabavki.gov.mk/

CITY OF SKOPJE

TENDER DOCUMENTATION

FOR AWARDING A PUBLIC PROCUREMENT CONTRACT FOR GOODSSUBJECT MATTER:

SUPPLY, TRANSPORTATION AND INSTALLATION OF EQUIPMENT FOR AN AMUSEMENT PARK - SKOPJE

USING AN OPEN PROCEDURE THAT WILL BE CONDUCTED IN A PAPER FORM AND WILL END WITH AN E-AUCTION

ANNOUNCEMENT No.__/2016

Skopje, 2016

2

COMPRISING ELEMENTS OF THE TENDER DOCUMENTATION

Comprising elements of the Tender Documentation shall be:

I. Instructions for the Economic OperatorsII. Technical specifications;III. Bid Form comprising of General Part (Bidder information), technical proposal and financial

proposal with a pricelistIV. Contract template

-Appendix 1 - Statement where the Bidder confirms that the Bid is submitted independently- Appendix 2 - Statement on the Seriousness of the Bid- Appendix 3 - Statement on the warranty period- Appendix 4 - Statement on the post-warranty period

3

I. INSTRUCTIONS FOR THE ECONOMIC OPERATORS1. GENERAL INFORMATION1.1 Definitions1.1.1 The specific terms used in these Tender Documentation 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 Carrier of the Procurement on the other side, and the subject of this Contract will be the delivery of the goods subject to the Contract;“Procedure for awarding a Public Procurement Contract” shall be a procedure which shall be implemented by the Contracting Authority with the objective is performing works;“Open Procedure” shall be a procedure where any Economic Operator shall have the right to submit a Bid;“Electronic Auction” shall be a repetitive of negative bidding which shall be bi implemented after the initial full evaluation of the bids, where the Bidders shall have the opportunity, by using exclusively electronic means, to revise the offered prices or to improve certain elements of the Bid, and therefore the ranking is performed automatically with the assistance of electronic means;“Tender Documentation” shall mean a collection of documents, information and conditions which shall represent a basis for preparation, submission and evaluation of the application for participation, or the Bid;“Technical specification” is the set of technical conditions, regulations, recommendations and standards that define in detail the minimum requirements from technical aspect that the goods, services or operations subject to this Public Procurement Contract should meet;“Economic Operator” shall mean any natural person or legal entity or a group of such persons or entities which offer goods, services or works on the market;"Related Economic Operator" shall be an Economic Operator:- who has a dominant influence over the Economic Operator to whom it is related;- to whom it is related Economic Operator has a dominant influence over it;- who along with the related Economic Operator is subject to dominant influence by a third entity.“Dominant influence" shall exists when:- one of the Economic Operators is directly or indirectly owner of more than half of the other Economic Operator’s capital, thus controlling the majority votes based on shares issued by the other Economic Operator and may appoint half of the management bodies or the supervisory body of the Economic Operator, or- the founders of the Economic Operators are up to second degree relatives.“Bidder" shall mean any Economic Operator who has submitted a Bid;“Bid” shall mean a proposal from the Bidder prepared on the basis of the Tender Documentation and it shall be the basis for awarding the Public Procurement Contract;“Technical Bid” is part of the Bid that proves the fulfilment of the technical requirements and conditions from the Tender Documentation.“Financial Bid” shall mean a part of the Bid containing the offered prices in accordance with the conditions stipulated in the Tender Documentation;“Alternative Bid” shall be a Bid which offers different characteristics regarding the subject of the Public Procurement Contract than those determined in the Tender Documentation;“ Carrier of the Procurement” shall mean a Bidder or a group of Bidders that has/have signed a Public Procurement Contract;“Bid Evaluation” shall mean the evaluation of a submitted Bid in a procedure for awarding a Public Procurement Contract;“Acceptable Bid” shall mean a Bid which has been submitted within the determined deadline and which has been assessed as fully satisfying all the requirements stipulated in the Tender Documentation and the technical specifications and is responsive to all the criteria, conditions and possible requests related to the capability of the Bidders;“Adequate Bid” shall mean an acceptable Bid which is within the amount defined by the Contracting Authority in the Public Procurement Decision or which may be additionally provided in accordance with Article 28, Paragraph (4) of the Public Procurement Law;“Responsible person” shall mean an official managing a state authority, mayor of a local self-government unit or a director of a legal entity;“Electronic Means” shall mean utilization of electronic equipment for processing and storing of data (including digital compression), which have been transferred, sent or received through cable,

4

radio or optical means or through other electromagnetic means;“Electronic System for Public Procurement” shall mean a unique computerized system, available on the internet, used to enable a greater efficiency and economy in the area of public procurement;“Written or in writing” shall mean any expression which comprises words or numbers that can be read, copied or otherwise announced, as well as information which is transferred or stored through electronic means, provided that the security of the content is ensured and that the signature is identifiable.

1.2 Contracting Authority1.2.1 The Contracting Authority is the City of Skopje, with head office at bul. "Ilinden" 82 -

Skopje, telephone 3297-222, fax: (02)3297292, e-mail:[email protected] and web-site: www.skopje.gov.mk.

1.2.2 Contact person for the Contracting Authority is BojanSaveski, phone 02 3297 222, fax 02 3297 222, e-mail:[email protected]

1.3. Subject matter of the Public Procurement Contract

1.3.1 Subject matter of the public procurement Contract is:supply, transportation and installation of equipment for an amusement park - Skopje

1.3.2. The procurement subject matter is divided into 7 (seven) lots as follows:

Lot 1: Equipment3.1.2Lot 2: Equipment 3.1.3Lot 3: Equipment 3.1.5Lot 4: Equipment 3.1.12Lot 5: Equipment 3.1.13Lot 6: Equipment 3.1.15Lot 7: Equipment 3.1.16

The Bidder may submit a Bid for one, several or all lots of the Public Procurement Contract’s subject matter.The Bidder may not divide the elements comprising the individual lot.

1.3.3 The Contracting Authority shall require of the Economic Operators, who will participate as Bidders in public procurement, to submit bids that should completely fulfill the minimum requirements defined in the technical specifications for the lot/lots for which they are submitting bids, enclosed to this Tender Documentation .

1.4. Estimated value

The estimated value of the procurement subject matter, excluding VAT, is 109.217.850,00 denars.

The estimated value for Lot 1 of the procurement subject matter, excluding VAT, is 29.212.500,00 denars.






The estimated value for Lot 7 of the procurement subject matter, excluding VAT, is

5

mailto:[email protected]

mailto:[email protected]

9.717.000,00 denars.

1.5. Type of procedure for awarding a Public Procurement Contract

1.5.1 The Public Procurement Contract shall be awarded via an Open Procedure, which will end with an electronic auction as the last phase of the procedure.

1.5.2 This procedure will not be conducted by electronic means through the Electronic System for Public Procurement (ESPP), except for the e-auction that must be carried out through the ESPP (https://www.e-nabavki.gov.mk) and the publication of the Tender Documentation and the announcement.

1.5.3 More detailed information on the use of electronic means:To be able to participate in the electronic auction, you need to register on the ESPP.The Economic Operator registers on the ESPP by filling out a registration form that is part of the ESPP1, and the system automatically processes the data from the registration form, generates a code and sends it to the registered e-mail address of the Economic Operator.More information on how to register and use the system is available in the User Manual for ESPP, intended for Economic Operators, which may be downloaded from the home page of ESPP in the section "Economic Operators".

1.5.4 More detailed information about the electronic auction:The Contracting Authoritywill use electronic auction as the last phase of the open procedure.Subject matter of the electronic auction shall be the total price, including all costs and discounts, excluding VAT, for the lot for which the Bidder is submitting a Bid.The initial price of the electronic auction shall be the lowest price of the accepted bids submitted in the initial phase of the procedure.The invitations for the auction shall be sent in an electronic form via the ESPP after the complete evaluation of the initial bids, to all Economic Operators who have submitted acceptable bids in the first phase of the procedure and who have registered on the ESPP.

1.5.5 The invitation to participate in the auction will be sent electronically to the e-mail address of the contact person indicated in the Bid Form, previously registered on the ESPP.

1.5.6 The Contracting Authority will send individual notification to each Economic Operator whether it has qualified to participate in the auction.The invitation to participate in the auction will contain the following data:initial price for the auction, that is to say, the lowest price of the initially submitted bids, the date and time of commencement and completion of the auction, the interval during which the negative bidding will take place (minimum and maximum difference of the offered prices).Upon completion of the electronic auction, the discount percentage on the total price will be applied to the unit prices.

1.5.7 If only one Bid or only one acceptable Bid is received, the electronic auction will not take place, and the Contracting Authority will invite only Bidder to submit a final price via the ESPP.The invitation to submit final price shall contain the following data: identification of the lot Bid, which will be subject to submission of final price, information that will be available prior to submission of the final price, and the time period for submitting the final price.The sole Bidder shall submit the final price within the specified time only once, and if it does not submit a final price, the originally offered price will be deemed final.

1.6 Applicable Regulations

1.6.1 This procedure shall be implemented in accordance with the Public Procurement Law, published in the Official Gazette of the Republic of Macedonia no. 136/07, 130/08, 97/10, 53/11, 185/11, 15/13, 148/13, 160/13, 28/14, 43/14, 130/14, 180/14, 78/15, 192/15, 27/16 and the adopted bylaws.1.6.2 When preparing its Bid, the Bidder should take into consideration the applicable regulations in the field of taxes and other public duties, labour relations, working conditions, occupational safety and other laws relevant to the subject matter of the Contract and the adopted bylaws.All regulations can be found in the relevant editions of the Official Gazette of Republic of Macedonia.The additional data related to the applicable regulations pertaining to above mentioned areas may be acquired by the Bidder from the Public Revenue Office, the Customs Administration, and the Ministry of Finance (on taxes and other public duties), the Ministry of Labour and Social 1Link „Register“ in the section „Economic Operators“ on the ESPP homepage.

6

https://www.e-nabavki.gov.mk/

Policy (labour relations, working conditions, and occupational safety), and other competent institutions.

1.7 Right to Participate

1.7.1 An Economic Operator, who has one or more negative references, the Group of Economic Operators whose member is an Economic Operators with a negative reference, and an Economic Operator, who is a related company to an Economic Operators with a negative reference, shall not be entitled to participate.

1.7.2. Any interested domestic and foreign legal and natural person - Economic Operator may submit a Bid if:- It is registered for conducting the economic activity related to the subject matter of the Public Procurement Contract, and

- Has acquired the Tender Documentation from the Contracting Authority or via the ESPP.1.7.3 The Bidder submits an offer on its behalf and for its own account, where it is not allowed another legal entity to submit a Bid on behalf and for the account of the Bidder, regardless of the legal relations and the powers of said entity.

1.7.4. A Group of Economic Operators shall also have the right to submit a Bid, without an obligation to form a legally adequate association.The Contracting Authority shall not require the Group of Bidders to be associated in a separate legal form if the Group is selected as the Carrier of the Procurement.

1.7.5 The Group of Bidders should have to appoint a representative, who will be authorised to perform all business activities on behalf and for the account of any and all parties of the Group of Economic Operators during the Procedure for awarding the Public Procurement Contract and during the execution of the Contract, if the Group is selected as Carrier of the Procurement.

1.7.6. An integral part of a group Bid is the Contract for submitting a group Bid, where the members of the Group of Bidders and the Contracting Authority are obliged to carry out the public procurement Contract, which should contain the following information:

- member of the Group that will be lead for the Group, or who will submit the Bid, and will represent the Bid before the Contracting Authority;

- member of the Group that on behalf of Group of Bidders will sign the Public Procurement Contract;

- member of the Group, who on behalf of Group of Bidders, will sign the Statement on the seriousness of the Bid,

- member of the Group, who will issue the invoice and the bank account for payments; andbrief description of the responsibilities of each member of the Group of Bidders with regard to performing the Contract.

1.7.7 If the Contract for submitting a group Bid does not contain all data, it will be deemed as invalid because the the Group of Bidders would have failed to meet the conditions for participation in the procedure and their Bid will be rejected as unacceptable.

1.7.8. In the case of a Bid submitted by a Group of Bidders, the representative of the Group should submit in addition to the Bid, a written authorization signed by all members of the Group of Bidder, authorizing the representative to submit the Bid and undertake all rights and obligations on their behalf and for their account.All members of the Group of Bidders shall be individually and severally liable before the Contracting Authority with regard to their obligations.The Contracting Authority will communicate with the representative of the Group of Bidders.

1.7.9. Member of the Group of Bidders cannot withdraw from the Group of Bidders until the signing of the Public Procurement Contract, if:

- It is the lead of the Group of Bidders;- It is a signatory of the Statement on the seriousness of the Bid;- The Group of Bidders cannot demonstrate compliance with the criteria for determining the

capability without that member, as requested in the procedure; orThe other Group members are not jointly assuming the obligations of the Group member, who wants to withdraw from the Group of Bidders.The withdrawal of a member of the Group of Bidders contrary to this paragraph in the

Tender Documentation will be deemed as withdrawal from the Group Bid.1.7.10 The Bidder may participate in the procedure for awarding a Public Procurement Contract

7

only with 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 group Bid, or- Participates as a subcontractor in another individual Bid and/or as a member of a group

Bid.1.7.11 The Economic Operator may participate as a subcontractor in more than one Bid.

1.7.12. If the Bidder intends to assign part of the Public Procurement Contract to one or more subcontractors, the Bid must specify the parts of the Contract it intends to assign to subcontractors, as well as data on all proposed subcontractors (company, head office, tax identification number, etc.).The Bidder shall be liable before the Contracting Authority for the execution of the Public Procurement Contract, regardless of the number of subcontractors and their obligations.

1.7.13. The Carrier of the Procurement may, during the implementation of the Public Procurement Contract, alter the manufacturers for the part of the Public Procurement Contract assigned to subcontractors, only upon prior approval from the Contracting Authority.

1.8. Costs for Submitting a Bid

1.8.1 The Economic Operator shall bear all the costs related to the preparation and submission of the Bid, whereas 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.

1.9 Criterion for awarding a Public Procurement Contract

1.9.1 The criterion for awarding the Public Procurement Contract shall be the lowest price.The Economic Operator, who will offer the lowest price during the electronic auction for the respective lot, and whose Bid has been previously evaluated as acceptable, will be selected as Carrier of the Procurement.The bids for a procedure ending with an implementation of an electronic auction will not be scored, but rather the Bidders will be ranked depending on the offered price.

1.9.2 The evaluation of bids shall be done in accordance with the Methodology for expressing the criteria for awarding a Public Procurement Contract in points ("Official Gazette of Republic of Macedonia" no. 41/08).

1.9.3 Prerequisite for qualification of the Economic Operator to participate in the electronic auction is to meet the minimum requirements defined by the Contracting Authority in regard to the capability and the requirements and conditions in the technical specifications, which are an integral part of the Tender Documentation.

1.10. Prevention of Conflict of Interests

1.10.1 The provisions from the Law on Prevention of Conflicts of Interests shall adequately apply to prevent any conflicts of interests in the procedures for awarding Public Procurement Contracts.

1.10.2 The Carrier of the Procurement may not, while executing the public procurement contact, Contract persons that have been involved in the evaluation of the bids submitted in a procedure for awarding a Public Procurement Contract, during the validity period of the Contract.In such cases, the Contract shall be deemed void.

1.10.3 During the procedure for awarding a Public Procurement Contract, the president, deputy president, the members and the deputy members of the Public Procurement Commission, as well as the responsible person shall sign a statement for not having conflict of interest, which will be a part of the file on the implemented procedure.

1.10.4 In case of conflict of interest for the president, its deputy, the members and their deputies in the Public Procurement Commission, they shall withdraw from the work in the Commission and shall be replaced by others.

1.10.5 In case of conflict of interests for the responsible person, said person shall authorize another person from the officials or employees of the Contracting Authority to adopt the appropriate decisions and sign the Contract.

8

1.11 Method of Communication

1.11.1 Every request, information, notification and other documents in the procedure shall be sent in a written form.Each document shall be recorded at the time of sending, i.e. at the time when it is received.

1.11.2 The documents, except for the Bid, shall be sent: - by mail, or

by fax, or via electronic means.

10.1.3 The sender shall be obliged to submit the document, which has been sent via fax, by mail or by electronic means within two days from the date of sending the document by fax.

2. ESTABLISHING THE CAPABILITY OF THE ECONOMIC OPERATORS

2.1. Method for Proving the Capability2.1.1. The Economic Operator must provide supporting documentation to prove its

personal standing and capability to perform the professional activity for the purpose of executing the Contract, which is subject matter of this procurement.

2.1.2. The required documentation shall be submitted in its original form or as a copy certified by the Economic Operator with a signature of the responsible person, with the note “Authentic to the Original”.

2.1.3. When checking the validity and completeness of the documentation for determining the capability of the Economic Operator and the Bid evaluation, the Commission for conducting the public procurement shall require the Bidders to clarify or supplement the documents for determining the capability.

2.1.4 No changes to the technical and financial Bid may be requested or allowed by the Commission, except for clarification of Bid upon prior written request of the Commission, and correction of arithmetical errors.2.1.5 In case of a Group of Economic Operators, all members of the Group shall separately provide proof of their personal circumstances and capability to perform the professional activity.

2.2. Personal standing2.2.1 The Contracting Authority shall exclude from the procedure for awarding a Public Procurement Contract, any Economic Operator that:

- Within the last 5 years has had a legally effective judgment pronounced against it for participation in a criminal organization, corruption, fraud or money laundering;

- Has been pronounced a secondary sentence for prohibition of participation in public bidding procedures or awarding public procurement or public private partnership contracts;

- Has been pronounced a secondary sentence for provisional or permanent prohibition to execute a specific business activity;

- Is subject to a bankruptcy procedure or a liquidation procedure;- 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 a misdemeanour sanction involving prohibition to perform a profession, economic activity or duty, or prohibition to perform a specific activity, imposed against it, and

- Gives false information or fails to submit the data requested by the Contracting Authority.

2.2.2 To prove its personal circumstance, the Economic Operator shall submit the following documents:

- A Statement by the Economic Operator that within the last 5 years it has not had a legally effective judgment pronounced against it for participation in a criminal organization, corruption, fraud or money laundering;

9

- Certificate that it is not subject to a bankruptcy procedure opened by a competent authority;

- Certificate that it is not subject to a liquidation procedure opened by a competent authority;

- Certificate for paid taxes, contributions and other public dues issued by a competent authority in the country where the Economic Operator is registered;

- Certificate from the Registry of Offences for Committed Crimes by Legal Persons that a secondary sentence for prohibition of participation on public bidding procedures or awarding of public procurement or public private partnerships contracts has not been issued against it;

- Certificate from the Registry of Offences for Committed Crimes by Legal Persons, that a secondary sentence for provisional or permanent prohibition to execute a specific economic activity has not been issued against it;

- Certificate that there is no legally effective judgment imposing a misdemeanour sanction involving prohibition to perform a profession, economic activity or duty, or temporary prohibition to perform a specific economic activity.

2.2.3. The documents referred to in item 2.2.2 may not be older than 6 (six) months from the Bid submission deadline, and shall be an original or a copy certificed by the Bidder, upon request of the Commission.If the Contracting Authority has doubts about the documents for establishing the personal standing of the Bidder, it reserves the right to request information directly from the competent authorities, which have issued the documents on the personal standing.

2.2.4 The Statement of Indent 1, sub-Item 2.2.2 shall be prepared and signed by the Economic Operator, and it need not be notarized by a competent authority.

2.2.5 The certificates that no bankruptcy procedure or liquidation procedures have been opened against the Economic Operator, as well as the certificates from the Register of Offences for Committed Crimes, as stated in indents 5 and 6, sub-Item 2.2.2, shall be issued by competent authorities in the country where the Economic Operator is registered.In the Republic of Macedonia, a competent authority to issue such certificates the Central Registry of the Republic of Macedonia.

2.2.6 The certificate on paid taxes, contributions and other public dues shall be issued by a competent authority in the country where the Economic Operator is registered.In the Republic of Macedonia, the competent authority to issue such certificate is the Public Revenue Office.

2.2.7 The Economic Operator, among other documents proving the personal standing, has also an obligation to submit all documents requested in indents 6 and 7, item 2.2.2 as follows:

- Certificate from the Registry of Offences for Committed Crimes by Legal Persons, that a secondary sentence for provisional prohibition to perform a specific economic activity has not been issued against it.

- Certificate from the Registry of Offences for Committed Crimes by Legal Persons, that a secondary sentence for permanent prohibition to perform a specific economic activity has not been issued against it.

- Certificate that there is no legally effective judgment imposing a misdemeanour sanction involving prohibition to perform a profession, economic activity or duty, and

- Certificate that there is no legally effective judgment imposing a misdemeanour sanction involving provisional prohibition to perform a specific economic activity.

2.2.6 The certificates stipulated in indents 6 and 7, sub-Item 2.2.2, are issued by the competent authority in the country where the Economic Operator is registered.In the Republic of Macedonia, the competent authority to issue said certificates is the Central Registry of the Republic of Macedonia.

2.2.9 The documents stipulated in sub-Item 2.2.2 may not be older than 6 (six) months from the Bid submission deadline.

2.2.10 If the country where the Economic Operator is registered does not issue the documents stipulated in sub-Item 2.2.2, or if the documents do not include all cases stipulated above, the Economic Operator may submit a statement certified by a competent authority.

2.3. Capability to Perform a Professional Activity

In order to prove its capability to perform a professional activity, the Economic Operator

10

should submit: - a document for registered economic activity (DRD form) as proof that it is registered

as natural or legal person for performing the economic activity related to the subject matter of the Public Procurement Contract or proof of membership in an adequate professional association in accordance with the regulations of the country where it is registered.

3. CLARIFICATION, CHANGERS AND ADDITIONS TO THE TENDER DOCUMENTATION

3.1. Clarification of the Tender Documentation3.1.1. The Economic Operator may ask the Contracting Authority for clarification of the

Tender Documentation, exclusively in writing or via e-mail: [email protected], within 6 (six) days prior to the Bid submission deadline.

3.1.2. The clarification shall be submitted by the Contracting Authority to all of the Economic Operators, who have acquired the Tender Documentation, without any indication of the Economic Operator requesting the clarification.

3.2. Amendments and Additions of the Tender Documentation

3.2.1. The Contracting Authority may introduce amendments and supplementations to the tender documents, and will immediately inform all Economic Operators, who have acquired the Tender Documentation, thereof.

3.2.2. The Contracting Authority, in accordance with the amendments and supplementations to the Tender Documentation, must extend the deadline for Bid submission or request to participate for at least six (6) days.

3.2.3. In case of deadline extension, the Contracting Authority shall inform all Economic Operators, who have acquired the Tender Documentation, by publishing an appendix to the announcement on the ESPP.

4. PREPARATION AND SUBMISSION OF BIDS

4.1. Bid content4.1.1. The Bid should be prepared in accordance with the tender documents and the

attached form, consisting of the following elements:- completed Bid form composed of general part, technical Bid with technical specification

of the offered equipment and technical drawings, photographs and the like, and financial Bid;

- documents for establishing the personal standing specified in sub-item 2.2.2 of the Tender Documentation;

- document determining the capability for performing a professional activity specified in paragraph 2.3 of the Tender Documentation;

- initialledContract template;- Statement on the Seriousness of the Bid;- Statement where the Bidder confirms that the Bid is submitted independently;- Statement on the warranty period;- Statement on the post-warranty period;- Contract for a group Bid [only for a Group of Economic Operators], and- other documentation in accordance with the Tender Documentation.

4.1.2. When preparing the Bid, the Economic Operator must observe the form and content of the Tender Documentation forms (Bid form, technical specification, pricelists, statement confirming that the Bidder has submitted the Bid independently, Contract template), and fill out all required data; otherwise there is a risk for the Bid to be rejected as unacceptable due to lack of comparability with the other bids.

4.1.3 If the Bid Form provided in this Tender Documentation does not allow the Economic Operatorto fully and comprehensively express its Bid, it may also use another form for the purpose of submitting its offer, under the condition that such form contains all the elements of the Bid Form enclosed to this Tender Documentation.

11

4.1.4 Enclosed to the Bid, the Economic Operator must submit a Statement where under full material and criminal liability it states that the Bid has been submitted independently, without any collusion with other Economic Operators, contrary to the regulations on competition protection, and that it is not participating in the same procedure with other Economic Operators with whom it has equity, ownership or blood relations.

4.1.5 The Statement on the independent Bid is submitted along with the Bid in each procedure separately, and cannot be submitted after the Bid submission deadline.

4.1.6 In the case of a group Bid, eachEconomic Operator from the Group shall submit a signed and certified Statement on the independentBid.

4.1.7 If the Contracting Authority becomes aware of any false entries in the statement referred to in 4.1.4, it shall immediately inform the competent authorities.

4.1.8 The Statement on the independent Bid must be signed exclusively by the responsible person of the Economic Operators.(Responsible person shall mean an official managing a state authority, mayor of a local self-government unit or a director of a legal person).

4.2 Language of the Bid

4.2.1 The Bid, as well as all correspondence and documents related to the Bid, which are exchanged with the Bidder, shall be written in Macedonian, using its Cyrillic alphabet.4.2.2 If the Bid includes documents in another language, said documents shall be accompanied by a translation into Macedonian, done by certified court interpreter.4.2.3 The accompanying printed documents may be in another language.The Contracting Authority shall retain the right to request from the Bidder, during the Bid evaluation stage, to translate the printed literature that has been originally submitted in a different language.

4.3. Bid content

4.3.1 The Economic Operator shall enter in the Bid form, in the portion for the financial proposal, the total Bid price for the lot/lots of the respective procurement subject matter.The offered price should include all costs and discounts of the Economic Operator, and it should be expressed without value added tax, which shall be expressed separately.

4.3.2 The Bid price in the Bid form shall be written in numbers and letters.4.3.3 If a Bid has an unusually low price, which is significantly lower than the actual market

price, thus causing doubt that the Contract will be executed, the Contracting Authority shall request of the Bidder to submit in writing, before the Bid is rejected, details on the Bid that are deemed relevant, and shall check the proof submitted as justification for the Bid price. If the Economic Operator fails to explain in writing the reasons for such a price within the deadline set by the Contracting Authority, for the receipt of the request, or if the Contracting Authority does not accept its reasons, the Bid will be rejected.

4.4. Bid Currency

The Bid Price shall be expressed in denars.

4.5. Validity of bids

4.5.1 The period of Bid validity shall be 120 days from the public opening, and for that durtation the Bid and all of its elements shall be binding for the Bidder.If the day of Bid opening is a non-working day, the following working day shall be considered in the Bid validity period.bids containing shorter validity period than that defined in this item of the tender documents will be rejected as unacceptable.

4.5.2 If the Contracting Authority deems necessary, it may request from the Bidder to extend the Bid validity period.

4.6 Price Difference (Price Correction)

Price corrections have not been envisaged, that is to say, the prices expressed in the Bid of

12

the Carrier of the Procurement shall be fixed for the whole duration of the Public Procurement Contract.

4.7. Advance Payment

4.7.1 For performing the public procurement contract, the Contracting Authority shall make an advance payment for 20% of the total contract value.

4.7.2 Prior to paying the advance, the Carrier of the Procurement shall be obliged to provide a bank guarantee for the advance payment amount.

4.8. Statement on the Seriousness of the Bid

4.8.1Enclosed to the Bid, the Bidder shall submit signed Statement on the Seriousness of the Bid, using the Statement Form provided as an appendix to the Tender Documentation.In case of violation of the submitted Statement on the seriousness of the Bid, negative reference against the Bidder shall be issued in the manner and under the conditions specified in the Law on Public Procurement.The Statement shall be signed by the person who signs the Bid.If the person who signs the Statement is not the same person who signs the Bid, an authorisation to sign the statement shall be also enclosed.

4.9. Form and Signature of the Bid

4.9.1 The Bid shall be submitted in one original copy, signed by the responsible person of the Economic Operator, or a person authorised thereby.If the Bid is signed by a person authorised by the responsible person, the authorisation for Bid signing, signed by the responsible person, shall be enclosed to the Bid.

All pages of the Bid shall be initialled by the person who signs the Bid.4.9.2 Any writing between lines, erasure or writing over previous texts shall be valid only if

signed or initialled by the person who signs the Bid.4.9.3. If the Bidder intends to assign part of the Public Procurement Contract to one or

more subcontractors, the Bid must specify the parts of the Contract it intends to assign to subcontractors, as well as data on all proposed subcontractors (company, head office, tax identification number, and the like).The Bidder shall be liable before the Contracting Authority for the execution of the Public Procurement Contract, regardless of the number of subcontractors.

4.10 Method of Bid submission and attachments

4.10.1. The Economic Operator shall submit the original copy of the Bid with the entire documentation in a sealed envelope that:

- shall be addressed to the accurate address of the Contracting Authority;- shall contain “Do not open” in the top left corner, so as to prevent its opening before the

time and date set for Bid opening;- shall indicate in the upper right corner the number of the announcement for awarding a

public procurement Contract.

Please find below an example of the front side of the sealed envelope:

Do not open Announcement number:__/2016

CITY OF SKOPJEBul. Ilinden 82Skopje

4.10.2 If both envelopes are not sealed and marked as required, the Contracting Authority shall not be responsible for the untimely and incomplete delivery at its Archives, nor shall be responsible for premature opening of the Bid.

13

4.11 Deadline and Place for Bid Submission

4.11.1. Deadline for Bid submission is the date and time specified in the announcement for awarding a public procurement Contract.

4.11.2. The bids shall be submitted at the following address:City of Skopje, bul. "Ilinden", 82 - Skopje, marked "Announcement number __/2016" through the Archives of the City of Skopje, located in the Department of Public Procurement, building 1a.

4.12 Modification, Replacement or Withdrawal of a Bid

4.12.1. The Economic Operator may amend, replace or withdraw its Bid, provided the amendments, replacements or withdrawals have been received by the Contracting Authority before the deadline forBid submission as indicated in 4.11.

4.12.2 The envelopes containing the amendment, replacement or withdrawal of the Bid shall be submitted in accordance with item 4.10, sealed and appropriately marked "amendment", "replacement" or "withdrawal", and shall be delivered in the same way as the bids.

4.13.3 The Bid may not be amended, replaced or withdrawn after the deadline for Bid submission.

4.12.4 Any withdrawal of the Bid during the period between the deadline for Bid submission and the expiration of the Bid validity period shall result in invoking the Statement on the Seriousness of the Bid, and issuing a negative reference.

13.4 Method of submitting the documentation

4.13.1. The Bidder must submit the overall documentation in the manner determined in accordance with items 2.1.2 and 4.10 of the Tender Documentation.

4.13.2. In case some of the documents have been omitted for submission in accordance with item 2.1.2 of the Tender Documentation, the Bidder shall submit a Statement that the overall documentation submitted with the Bid (for the part of the documentation that was submitted in copy) is the same as the original.

5. BID OPENING AND EVALUATION5.1. Bid Opening

5.1.1. The public Bid opening shall be carried out in the presence of one or two authorized representatives of the Economic Operators, who have decided to attend the opening.At the public opening , the authorized representatives of the Economic Operators must have an authorization signed by the responsible person of the respective Economic Operator.

5.1.2. The Bid opening will be public and will be held on the date and time specified in the announcement for awarding a public procurement Contract, in building 1a, Department for Public Procurement of the City of Skopje.

5.1.3. All authorized representatives of the Economic Operators, attending the public opening, should sign the attendance sheet.

5.1.4. Submitted bids shall be opened in accordance with the Law on Public Procurement, as follows:One by one in succession of their arrival, by reading the name of the Economic Operator, where it is ascertained whether the bids submitted in accordance with items 4.9 and 4.10 of the Tender Documentation, and whether they are original, and then by reading the bids in succession of their opening, except for the bids that have been excluded from further proceeding pursuant to the Law on Public Procurement. Then, the financial proposal is red - the total price of the Bid, including all discounts, and the Bidguarranty, if any.No Bid shall be rejected at Bid opening, except for the late bids.

5.1.5 The Public Procurement Commission shall proceed with the Bid opening, even if one Bid has arrived.In such case, no electronic auction will be conducted.A prerequisite to have an electronic auction as part of the procedure is to have received at least two acceptable bids.

5.1.6. During the Bid opening, minutes shall be taken in accordance with the Rulebook on the Bid opening procedure, and the minutes form for Bid opening ("Official Gazette of the R. of Macedonia" no. 154/07).

14

5.2. Confidentiality of the Bid evaluation process

5.2.1. No information about the review, evaluation and comparison of the bids during the process of evaluation shall not be disclosed to the Economic Operators or any other persons who are not officially involved in the process, until adopting the decision on the most favourable Bid.

5.2.2. Any attempt of the Bidder to influence the Contracting Authority during the Bid evaluation, or during the implementation of the procedure for awarding the public procurement Contract, may result in rejection of its Bid.

5.3 Bid clarification

5.3.1. During the Bid review and evaluation period, the Public Procurement Commission shall require of the Bidders to clarify or supplement the documents for establishing their capability, within five working days from the deadline for Bid submission.The Commission shall set the deadline for submitting the additional clarification and supplementation, which may not be less than five working days from the receipt of the request by the Bidder.No changes to the technical and financial Bid may be requested, offered, or allowed by the Commission, except for Bid clarification, upon prior written request of the Commission, and correction of arithmetical errors.

5.2 Any clarification submitted by the Economic Operator with respect to its Bid, which is not submitted as a reply to a request of the Contracting Authority, shall not be considered.

5.4 Correction of Arithmetical Errors

5.4.1 If the Bid is acceptable,and prepared and submitted in accordance with the Tender Documentation, the Contracting Authority shall correct the arithmetic errors in the following way:

If there is a discrepancy between the words and numbers, the amount in words shall prevail.

5.4.2 The Public Procurement Commission shall correct the errors in the Bid in accordance with the described procedure and this shall be considered binding.

5.4.3 If the Economic Operator fails to accept the proposed correction of arithmetic errors, then the Bid will be rejected, the Statement on the Seriousness of the Bid will be invoked, and a negative reference will be issued by the Contracting Authority.

6. PUBLIC PROCUREMENT CONTRACT AWARD

6.1. Criterion for awarding a Public Procurement Contract

6.1.1 The criterion for awarding the Public Procurement Contract shall be the lowest price.6.1.1 Upon completion of the electronic auction as a last phase of the Open Procedure, the Contracting Authority shall award the Contract to the Economic Operator who has offered the lowest price during the negative bidding, for the respective lot.

6.1.2 If two or more bids have the same price, the best Bidder will be the one who has submitted the Bid first.

6.1.3 In case there is no negative bidding during the auction, that is to say, the initial price has not decreased, the Contracting Authority may award the Public Procurement Contract to the Economic Operator who has offered the lowest price during the initial phase of the procedure.

6.1.4 If no new price during the electronic auction is submitted, while two or more bids have the same price, the most favourable Bid will be the one submitted earlier at the Archives of the Contracting Authority.

6.1.5 If only one Bid or only one acceptable Bid is received, the electronic auction will not take place, the Contracting Authority will invite the only Bidder to submit a final price via the ESPP.The invitation to submit a final price shall contain the following data:identification of the lot Bid, which will be subject to submission of final price, information that will be available prior to submission of the final price, and the time period for submitting the final price.The sole Bidder shall submit the final price within the specified time only once, and if it does not submit a final price, the

15

originally offered price will be deemed final.

6.2. Notification of the Public Procurement Contract Award

6.2.1 Upon completion of the electronic auction, a notification shall be automatically published in the public section of the ESPP and sent to all participants of the auction, stating the Economic Operator who has submitted the most favourable Bid during the negative bidding.Said notification shall be of informative nature and shall not have any legal consequences.The outcome of the electronic auction shall be basis for adopting the Decision on selection of the most favourable Bid.

6.2.2 Within a period of 3 days after the adoption of the Decision on selection of the most favourable Bid, the selected most favourable Economic Operator will be notified in writing that its Bid has been selected.At the same time, all other Economic Operators will be notified of the results of the conducted procedure, about the decision on the most favorableEconomic Operator, and the reasons why their Bid not was not selected.Economic Operators, who have participated in the procedure, shall be entitled to see the report from the conducted procedure.

6.3. Legal remedy

6.3.1 Any Economic Operator that has a legal interest to win the Public Procurement Contract and has suffered or could have suffered damages related to potential breach of the provisions in the Public Procurement Law, may seek legal remedy against the decisions, actions or failure to undertake actions on the part of the Contracting Authority in the procedure for awarding a Public Procurement Contract, in accordance with the conditions and the procedure envisaged in the Law on Public Procurement.The right to a complaint against a procedure that ends in an electronic auction and is related to establishing the capability of the Bidders, and full evaluation of the initial bids, shall be exercised after the adoption of the Decision on selection of the most favourable Bidder or annulment of the procedure.

6.3.2 The complaint should contain the following elements: Information about the petitioner of the complaint (first and last name, name of the

Economic Operator, address of residence and head office), Information on the representative or the authorised agent, Name and head office of the Contracting Authority, Number and date of the procedure for awarding a Public Procurement Contract and

information on the advertisement for awarding the Public Procurement Contract, Number and date of the decision for selection of the most favourable Bid, annulment of

the procedure or other decisions by the Contracting Authority, Information on the actions or failure to take actions on the part of the Contracting

Authority, Description of the factual situation, Description and explanation of the irregularities, Proposed evidence, Complaint submission and/or claim for compensation of the costs related to the

procedure, and signature of authorized person.6.3.3 The petitioner of the complaint shall be obliged to submit a proof of payment of the

fees for implementation of the procedure.6.3.4 The petitioner of the complaint, whose head office is not on the territory of the Repub-

lic of Macedonia, shall be obligated to appoint an authorised agent to receive the writs.6.3.5 The complaint shall be lodged with the State Commission.The complaint shall be

lodged in person or via registered mail both to the Contracting Authority and to the State Commis-sion.The day when the complaint is sent via registered mail shall be deemed as the day when the complaint was lodged.In case the complaint has been lodged in person, the Contracting Authority shall be obligated to issue that person a receipt confirming the time the complaint was received.

6.3.6 In the procedure before the State Commission, the petitioner of the complaint shall, in addition to the administrative fee, be liable to pay a fee for implementing the procedure depending on the amount of the Bid, as follows:

16

For a Bid value of up to denar equivalent of 20.000 EUR, the fee shall be a denar equivalent of 100 EUR,

For a Bid value of denar equivalent between 20.000 and 100.000 EUR, the fee shall be a denar equivalent of 200 EUR,

For a Bid value of denar equivalent between 100.000 and 200.000 EUR, the fee shall a the denar equivalent of 300 EUR, or

For a Bid value of denar equivalent higher than 200.000 EUR, the fee shall be a denar equivalent of 400 EUR.

6.3.7 In case there is no Bid, the level of the fee for implementation of the procedure shall be calculated on the basis of the estimated value of the Public Procurement Contract, and the State Commission shall inform the complaint petitioner on the fee and the deadline for submitting the proof of fee payment.

6.3.8 The Contracting Authority shall not sign the Public Procurement Contract and begin its execution within 12 days from the date of receiving the decision which determines the individual right in the procedure for awarding the Public Procurement Contract, except:

-In the cases referred to in Articles 99 and 198 of this Law,-In cases where only one Bidder participated in the procedure, and whose Bid has been

selected as most favourable, or- In the case of individual public procurement contracts based on a framework agreement.

6.4. Contract Signing

6.4.1 The Contracting Authority shall not sign the Public Procurement Contract and begin with its execution within 12 days from receipt of the Decision on selection of the most favourable Bidder by each participant in the procedure, and if an appeal has been voiced, the Public Procurement Contract will be signed after the decision on the appeal has become effective.

6.4.2 The Contracting Authority will submit the Public Procurement Contract to the selected most favourable Bidder in 6 (six) copies for signing.

6.4.3 The selected most favourable Bidder shall be obliged to sign the Public Procurement Contract within 5 (five) days from the day it has received the Contract and return it to the Contracting Authority.The Contracting Authority shall undertake the obligation to send to the selected most favourable Bidder the required number of copies of the Contract, after it has been signed by the Authorised Person in the Contracting Authority.

6.4.4 If the selected most favourable Bidder fails to sign the Contract within the deadline stipulated in item 6.4.3 of the Tender Documentation, the Contracting Authority shall retain the right to regard this as refusal by the selected most favourable Bidder to sign the Contract and thereby invoke the Statement on the Seriousness of the Bid.

7. MANDATORY ELEMENTS OF THE PUBLIC PROCUREMENT CONTRACT

7.1 Payment terms

7.1.1 The payment for the procurement subject matter shall be made as follow:- advance payment for 20% of the contract value within 30 days from the receipt of the

invoice for advance payment, accompanied by the bank guarantee for the advance amount;- 60% of the contract value within 30 days from the handover of the equipment FCO

Skopje; and- 20% of the contract value within 30 days from the completed technical inspection and the

commissioning of the equipment.

7.2 Method, place and deadline for delivery of the goods

7.2.1 The Carrier of the Procurement shall be obliged to deliver, install and commission the equipment, subject matter of the Public Procurement Contract, within 180 (one hundred and eighty) calendar days from the date of the signed order by the Contracting Authority.

17

7.3. Warranty and post-warranty period

7.3.1 The Bidders are required to fill in the Statements in Appendix 3 and Appendix 4 of the Tender Documentation, stating the duration of the warranty and post-warranty periods the equipment, which may not be less than:

- 12 months of warranty period, and- 60 months of post-warranty period.

During the warranty period, the Carrier of the Procurement shall provide regular service and supply, deliver, and install the spare parts and consumables at its own expense.The warranty period starts from the date of completed successful installation and commissioning of the equipment, for which the selected most favourable Bidder is obliged to issue a warranty certificate.

During the post-warranty period, the Carrier of the Procurement shall provide regular service and supply, deliver, and install the spare parts and consumables at the expense of the Contracting Authority.The post-warranty period shall start after the expiry of the warranty period.

7.4. Performance guarantee

7.4.1 Condition for signing the Contract with the most favourable Bidder is for the Bidder to provide a guarantee for quality execution of the Contract at 10% of the Contract value.

7.4.2 The guarantee referred to in point 7.4.1 shall be submitted in the form of a bank guarantee in writing.The guarantee should be submitted in its original.Copies shall not be accepted.

7.4.3 The performance guarantee will be valid until the completion of the Contract.Upon selecting the most favourable Bidder, the Contracting Authority shall additionally determine the validity date of the guarantee.

7.4.4 The performance guarantee has to be issued by a bank.7.4.5 The performance guarantee shall be submitted by the selected most favourable

Bidder after receiving the notice on its selection, and before signing the Contract.7.4.6 The performance guarantee shall be submitted within the period specified in

paragraph 6.4.3, as follows:by mail or in person to the contact person referred to in section 1.2.2. of the Tender Documentation.

7.4.7 The performance guarantee will be invoked if the Carrier of the Procurement fails to fulfil any of the obligations under the Public Procurement Contract, within their due deadline, and the Carrier of the Procurement shall be notified thereof.In case the performance guarantee is invoked, the Contracting Authority will publish a negative reference via the ESPP.

7.4.8 If the Public Procurement Contract is fully implemented as agreed, the Contracting Authority shall return the performance guarantee to the Carrier of the Procurement, within 14 days from the Contract completion.

7.4.9 The Contracting Authority shall return the performance guarantee to the Carrier of the Procurement via mail, in person at the head office of the Economic Operator, or in person at the head office of the Contracting Authority.

8. ANNULMENT OF THE PROCEDURE

8.1 The Contracting Authority may annul the procedure for awarding of a Public Procurement Contract if:- The number of candidates is lower than the minimum number envisaged for a procedure for awarding a Public Procurement Contract in accordance with this Law,- No bids or no acceptable have been submitted,- Not a single adequate Bid has been submitted within a procedure where the Contract subject matter is set as an individual lot, and within procedures where the Contract subject matter is set in several lots, and where one may determine the suitability of bids,- Acceptable bids have been submitted, but they cannot be compared due to the different ap-proaches employed in the technical or financial bids,- Unforeseen changes to the budget of the Contracting Authority have occurred,- The Bidders offered prices and conditions for executing the Public Procurement Contract, which are less favourable than the realistic market prices and conditions,

18

- It has been established that the Tender Documentation has significant mistakes or weaknesses, until the Bid opening,- The needs of the Contracting Authority have changed due to unforeseen or objective circum-stances, or- The Contracting Authority cannot select a most favourable Bid due to significant violations to the Law in accordance with Article 210 of this Law,- The selected most favourableBidder has withdrawn from signing the Public Procurement Con-tract.

9. COMPLETION OF THE PROCEDURE FOR AWARDING A PUBLIC PROCUREMENT CONTRACT

9.1 The procedure for awarding a Public Procurement Contract shall end on the date the decision for selection of Bidder or annulment of the procedure becomes fully enforceable.

19

Technical specification

For the purpose of constructing an Amusement Park - Skopje, the equipment envisaged as per the specifications in the Preliminary Design for construction of an Amusement Park Skopje, tech.no. 0801-41/15, prepared by Bild Urban Build dooel Skopje has to be supplied, transported, and installed.According to the attached technical specifications, the equipment should be manufactured in accordance with the standard MKS EN 13814:2009 or EN 13814 or equivalent thereof.

An integral part of this technical specification are the draft technical specifications for the equipment with minimum technical requirements to be fulfilled by the Economic Operators, as well as the technical drawings for the requested equipment.

In their bids, the Economic Operators are required to submit a technical proposal, which must include the following:

- Detailed technical specifications for the respective equipment/lot of the procurement subject matter, proving that it meets the minimum technical requirements from the technical specification of this Tender Documentation.

- Technical drawings for the equipment.- Statement that the offered equipment will be made in compliance with the

standard MKS EN 13814:2009 or EN 13814 or equivalent thereof.

20

Technical Specification for Lot 1: Equipment 3.1.2

Equipment 3.1.2Description Equipment type carousel with horizontal rotary movement

comprised of at least 10 arms with seats for at least 3 passengers, with vertical movement based on electromechanical/pneumatic transmission; steel structure as per standard MKS 13814:2009 or EN13814 or equivalent thereof, 5mm minimum fibreglass thickness, PLC movement control, LED lighting, CE-compliant or equivalent thereof.

Standard MKS 13814:2009 or EN 13814 or equivalent thereofMaximum volume dimensions (Length x Width x Height)

17 x 17 x 7.0 m (including the safe zone)

Speed of gondolas Min.9 rpm, Max 11 rpmCapacity Min.30 passengers, min 180 passengers per hourTime cycle Min.10 minutesRide time Min.6/7 minutesHeight restriction for the passengers Min. 105 cm

In addition to the technical specification, please find enclosed a technical drawing for the required equipment.

21


Equipment 3.1.3Description Equipment type - tower that works on the principle of a vertical

drop of min. 15 m with a bouncing effect, and min. 16 seats in a row.Steel structure according to standard MKS 13814:2009 or EN 13814 or equivalent, min. 5mm fiberglass thickness, PLC movement control, LED lighting, CE-compliant or equivalent.


12,0 x 10,00 x 22,0 m

Capacity Min.16 adults min.400 passengers per hourTime cycle Min.140 sRide time Min.80sSeat system Min. 16 seats in a rowHeight restriction for the passengers Min. 120cm


22


Equipment 3.1.5Description Equipment type - large swing with aerial movement, which

swings around a cylinder, thus enabling exciting acceleration and air hanging time on top of each swing under an angle of min.65о, steel structure, according to standard MKS13814:2009 or EN 13814 or equivalent thereof, min. 5mm fiberglass thickness, PLC movement control, LED lighting, CE-compliant or equivalent.


6,3 x 7,7 x 6,0 m

Capacity Min. 12 passengers (max. 4 adults), min. 300 passengers per hour

Time cycle Min. 140sMaximum speed min. 5,5 m/s [max 6,5 m/s]Ride time Min. 80sHeight restriction for the passengers Min. 90cm, max. 185cm


23


Equipment 3.1.12Description Equipment type – small train for small children with 1 locomotive

and min. 3 topical carriages designed as caricatures moving along oval track rails, steel structure according to MKS standard 13814: 2009 or EN 13814 or equivalent thereof, min. 5mm fiberglass thickness, PLC movement control, LED lighting, CE-compliant or equivalent.


14,6 x 5,6 x 3,0 m

Length of the tracks Min. 30mCapacity Min. 16 children, min. 320 passengers per hourTime cycle Min. 140sMaximum speed Min. 1,3m/s, Max 1,7m/sRide time Min. 80s


24


Equipment 3.1.13Description Equipment type - rotating platform containing a designed teapot

in the middle and min. 6 cups around it, with min. 4 seats each with rotary motion and magnetic brakes, each cup should be equipped with a controller that controls the speed of individual rotation, steel structure according to standard MKS 13814:2009 or EN 13814 or equivalent, min. 5mm fiberglass thickness, PLC movement control, LED lighting, CE-compliant or equivalent.

Standard MKS 13814:2009 or EN 13814 or equivalent thereof

Maximum volume dimensions (Length x Width x Height)

7,5 x 7,5 x 3,0 m


Time cycle Min. 120sMaximum speed Min. 7 rpm, Max 8 rpmRide time Min. 70sHeight restriction for the passengers Min. 90cm


25


Equipment 3.1.15Description Equipment type – carousel for small children with rotary motion

around a central axis, multi-level interactive upward bouncing, equipped with min. 6 cars, min. 4 seats per car; steel structure according to the MKS standard 13814:2009 or EN 13814 or equivalent, min. 5mm fiberglass thickness, PLC movement control, LED lighting, CE-compliant or equivalent.


8,6 x 8,6 x 4,0 m


Time cycle Min. 140sMaximum speed Min. 6 rpm, Max 7 rpmRide time Min. 80sHeight restriction for the passengers Min. 90cm


26


Equipment 3.1.16Description Equipment type – rail tracks for min. 5 cars for small children,

designed in a safari theme (4x4 off-road vehicles), equipped with safety belts, lights, car horns, steel structure, according to standard MKS 13814:2009 or EN 13814 or equivalent thereof, min. 5mm fiberglass thickness, PLC movement control, LED lighting, CE-compliant or equivalent.


9,9 x 9,1 x 3,0 m

Length of the tracks Min. 20mCapacity Min. 20 children, min. 600 passengers per hourTime cycle Min. 120sRide time Min. 60sHeight restriction for the passengers Min. 90cm


27

BID FORM

Memorandum of the BidderArchive numberDateHead Office

Pursuant to announcement no.__/2016 issued by the City of Skopje, for awarding a public procurementContractfor:Supply, transport and installation of equipment for an amusement park - Skopje, by implementing an open procedure, with an electronic auction, and the Tender Documentation acquired from the Contracting Authority, we hereby submit the following:

B I D

Part I - Information on the Bidder

I.1. Name of the Bidder: ______________________________________________________

I.2 Contact information

Address: ______________________________________________________________ Telephone: _____________________________________________________________ Fax: ________________________________________________________________ E-mail: _____________________________________________________________ Contact person*: __________________________________________

I.3. Responsible person: __________________________________________________________

I.4. Tax number: ____________________________________________________________

I.5. ID Number:_____________________________________________________________

I.6. Bank account and bank:___________________________________________

* The contact person is the person who will be registered on the ESPP.

Part II - Technical Bid

We hereby agree to deliver and install the equipment for an amusement park - Skopje, for Lot(s) _______________________ (indicate the lot/lots on which the Bidder will participate), in accordance with the requirements and conditions of the technical specification which is part of the Tender Documentation.

Part III - Financial Bid

III.1 The total price of our Bid for Lot 1: Equipment 3.1.2, including costs, discounts and import duties, excluding VAT is _____________________________________________________________ (in numbers)_______________________________________________________________ [in letters] denars.

The total amount of VAT for Lot 1 is ____________________________ denars.

28

III.2 The total price of our Bid for Lot 2: Equipment 3.1.3, including costs, discounts and import duties, excluding VAT is:_____________________________________________________________ (in numbers)_______________________________________________________________ [in letters] denars.












Part V – Bid validity period:Our Bid shall be valid for 120 days from the date set as deadline for Bid submission.

Part VI – We hereby agree to the manner, place and deadline for delivery of the goods specified in sub-item 7.2 of the Tender Documentation.

Part VII - We hereby agree with the payment terms set in sub-item 7.1 of the Tender Documentation.

APPENDICES:Enclosed to this Bid we submit the following documents:

- Documents proving the personal standing,- Documents proving the capability to perform professional activity,- Technical Bid with technical specification of the offered equipment and technical

29

drawings, photographs and the like, and financial Bid- InitialedContract template- Statement on the Seriousness of the Bid- Statement where the Bidder confirms that the Bid is submitted independently;- Statement on the warranty period- Statement on the post-warranty period- Statement that all documentation submitted with the Bid (for the part of the documentation that was submitted in copy) are same as the original (optional)- Other documentation in accordance with the requirements and conditions of the Tender

Documentation

Place and Date BIDDERResponsible person of the Bidder

_______________________________

* The Bid Form may be also signed by a person authorized by the responsible person

30

IV.CONTRACT TEMPLATE

Pursuant to Article 32 of the Law on Public Procurement ("Official Gazette of RM" no. 136/07, 130/08, 97/10, 53/11, 185 / 11,15 / 13, 148/13, 160/13, 28 / 14, 43/14, 130/14, 180/14, 78/15, 192/15, and 27/16) and the Rulebook on the content of Tender Documentation ("Official Gazette of RM" no. 19/08), the Public Procurement Contract shall contain following provisions:

CONTRACT

Entered on _______________ 2016 in Skopje by:

1. CITY OF SKOPJE, with head office at bul. "Ilinden" 82 - Skopje, represented by the Mayor of Skopje, KoceTrajanovski, (hereinafter: Contracting Authority), and

2. “______________" ___ - _________, head office at ul.______________" no .____ - _________ with TIN _____________________ and bank account no. __________________ ________________ in _____________ Bank, represented by the Manager _____________ (hereinafter:Carrier of the Procurement).

SUBJECT MATTER OF THE CONTRACT

Article 1Subject matter of this Contract is regulating the rights and obligations of the contracting parties

for the supply, transport and installation of the equipment for an amusement park – Skopje, for Lot(s)__.It shall include transport, import, building foundations for equipment type ___ and assembly thereof as per the provisions of this Contract and the Bid of the Carrier of the Procurement no. ___ of ____.

The subject matter of this Contract follows the completed open procedure, announcement no. 49/2016, and the electronic auction as the last stage of the procedure, in accordance with the accepted Bid and technical specification, which are an integral part of this Contract.

CONTRACT VALUE

Article 2The value of this Contract is __.___.___, __ (______________________) denars, including

the discount from the electronic auction in the amount of __, __%, without VAT.The total value of this Contract is __.___.___, __ (_________________) denars, including

VAT.DEADLINE, PLACE, and METHOD of DELIVERY

Article 3The Carrier of the Procurement shall be obliged to deliver, install and commission the

equipment, subject matter of the procurement, within 180 (one hundred and eighty) calendar days after the date ofreceiving the order from theContracting Authority.

The delivery shall be deemed completed with the signing of the minutes on the completed delivery, installation and commissioning of the equipment, duly signed by the designated person of the Contracting Authority, and the designated person of the Carrier of the Procurement.

The Carrier of the Procurement shall be obliged to provide the transport, import, build the foundation for the equipment and assembly thereof, as per the provisions of this Agreement and the accepted Bid no. ___ of ____. It shall also be fully responsible for the costs for fulfilling the Contract subject matter.

PAYMENT TERMS

Article 4The Contracting Authority shall make the payment as follows:

31

- advance payment for 20% of the contract value within 30 days from the receipt of the invoice for advance payment, accompanied by the bank guarantee for the advance amount;

- 60% of the contract value within 30 days from the handover of the equipment FCO Skopje; and

- 20% of the contract value within 30 days from the completed technical inspection and the commissioning of the equipment.

The Contracting Authority is entitled to deduct from the submitted invoice the amount of the contractual penalty set in Article 23 of this Contract.

BANK GUARANTEE

Article 5Until the Contract signing date, the Carrier of the Procurement shall be obliged to submit to the

Contracting Authority a performance guarantee from a bank, at 10% of the value set in Article 2, paragraph 2 of the Contract, valid for 7 (seven) months from the date when both contracting parties have signed the Contract, as an assurance for the Contracting Authority, that Carrier of the Procurement will perform the procurement subject matter on time, with quality, and in accordance with the conditions in this Contract.

The submission of the performance guarantee by the Carrier of the Procurement shall be a prerequisite for signing the Contract.

The Contracting Authority shall be obliged to return the bank guarantee to the Carrier of the Procurement within 14 (fourteen) days after full completion of the Contract.

The Contracting Authority shall not return the bank guarantee referred to in paragraph 1 of this Article, and shall invoke it at the bank that has issued it, if the procurement subject matter is conducted under the terms and conditions of this Contract.

By way of derogation from paragraph 4 of this Article, the Contracting Authority shall not invoke the bank guarantee at the bank that has issued it, if the Carrier of the Procurement has failed to perform the Contract due to unforeseen circumstances (Force Majeure or other justified reasons).

In the case referred to in the preceding paragraph of this Article, the Carrier of the Procurement has to submit a written explanation to the Contracting Authority, stating the reasons for not fulfilying the delivery, which should then be accepted by the Contracting Authority.

If the deadline for completing the Contract has been extended, the Carrier of the Procurement should accordingly extend the validity of the performance guarantee.

Article 6The Contracting Authority shall invoke the bank guarantee referred to in Article 5 of this

Contract if the Contract is unilaterally terminated due to failure to perform the contractual obligations by the Carrier of the Procurement.

Article 7The Carrier of the Procurement shall be obliged, within 10 (ten) days from signing the

Agreement, to provide a bank guarantee for the Contracting Authority for the advance payment amount, which shall be submitted to the Contracting Authority along with the invoice for advance payment.

The guarantee shall be valid until the full completion of the equipment delivery – FCO Skopje, and it shall be returned to the Carrier of the Procurement within 14 days from the date of delivery.

The Contracting Authority shall, within 30 from the delivery of the invoice for advance payment, to pay the requested advance for 20% of the total contract value to the Carrier of the Procurement.

RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

Article 8The Carrier of the Procurement shall be is obliged to conduct the delivery and installation of

the equipment, subject matter of the procurement,in fully functional manner, according to the description and technical characteristics of the specification, which is an integral part of this Contract.

32

Article 9The Carrier of the Procurement and the Contracting Authority shall be obliged to sign minutes

on the completed delivery, installation and commissioning of the equipment in triplicate (of which two for the Contracting Authority).

Article 10In order to ensure uninterrupted use of the equipment, the Carrier of the public procurement

shall be obliged to provide training for people who will operate the equipment.

Article 11The Contracting Authority shall be entitled to designate a person, who will coordinate between

the Carrier of the Procurement and the Contracting Authority while executing the Contract.The designated person shall be, within its authorisations, entitled to control the execution of

the delivery, installation and commissioning of the equipment, subject matter to this Contract.The Contracting Authority shall inform in timely manner the Carrier of the Procurement about

the person designated for controlling, and its authorisations.The person designated by the Contracting Authority and the person designated by the Carrier

of the Procurement shall sign minutes on the successfully completed installation and commissioning of the equipment that are subject matter of the procurement.

Article 12The Carrier of the Procurement shall be responsible for any accidental damages during the

delivery, installation and commissioning of the equipment, which is subject matter of the Contract.

Article 13When delivering the equipment, the Carrier of the Procurement shall be obliged to submit to

the Contracting Authority an appropriate document issued by a competent institution as proof, from which it may be established that the made equipment is compliant with the standard MKS EN 13814:2009 or EN 13814 or equivalent thereof.

Article 14The Contracting Authority shall be obliged to pay the contracted amount in accordance with the

manner and time period specified in Article 4 of the Contract.

Article 15The Contracting Authority has the right to point out to the Carrier of the Procurement if there

are any objections on the manner of installing the subject matter of the Contract, and the Carrier of the Procurement shall be obliged to immediately act upon them, without any special compensation.

Article 16The Contracting Authority shall be obliged to provide additional information necessary for

execution of the Contract, and said information will be communicated to the Carrier of the Procurement in a timely manner, and upon its request.

Article 17During the handover, the person designated by the Contracting Authority shall verify whether

the properties of the delivered equipment correspond with the agreed upon features and types.The Contracting Authority shall be entitled to immediately notify the Carrier of the Procurement

if it finds any visible shortcomings of the delivered Contract subject matter.If after the delivery and installation, the Contracting Authority has found a deficiency that could

have not be found during the handover, it has the right to inform the Carrier of the Procurement thereof, within 30 (thirty) days from the date of installation.

The Carrier of the Procurement shall be obliged to rectify the deficiency within fifteen (15) days from the date it was notified of said deficiency.

If the Carrier of the Procurement fails to deliver, install or commission the equipment – subject matter of the Contract, within the deadline set in the previous paragraph of this Article, the Contracting Authority has the right not to pay the submitted invoice, and the price set in the Contract.

33

WARRANTY AND POST-WARRANTY PERIOD

Article 18The warranty period for the offered equipment is __ months.During the warranty period, the Carrier of the Procurement shall provide regular service and

supply, deliver, and install the spare parts and consumables at its own expense.The warranty period starts from the date of completed successful installation and commissioning of the equipment, for which the Carrier of the Procurement is obliged to issue a warranty certificate.

The post-warranty period for the offered equipment is __ months.During the post-warranty period, the Carrier of the Procurement shall provide regular service

and supply, deliver, and install the spare parts and consumables at the expense of the Contracting Authority.The post-warranty period shall start after the expiry of the warranty period.

CONTRACT TERMINATION

Article 19In case one contracting party fails to fulfilling the obligations as per the provisions of this

Contract, as well as the accepted Bid and technical specification, the other contracting party may request the fulfilment of said obligation or terminate the Contract.

Article 20If one contracting party terminates the Contract, it is obliged to give written notice to the other

contracting party within two (2) days from the date of finding the non-compliance with the provisions of this Contract.

Article 21If the Carrier of the Procurement fails to fulfill the obligation under the terms of the Contract

and the accepted Bid and technical specifications, the Contracting Authority shall notify the Carrier of the Procurement that it will terminate the Contract and invoke the performance guarantee.In such case, the Carrier of the Procurement shall be obliged to compensate the damages to the Contracting Authority.

If the Carrier of the Procurement fails to meet the obligation within the deadline envisaged in Article 3, paragraph 1 of the Contract, and has submitted a request for deadline extension stating legal and objective reasons for said extension, the Contracting Authority will accept therequest and will notify in writing the Carrier of the Procurement that it has granted the extended deadline to fulfil the obligations, as set in the written notification.

If the Carrier of the Procurement fails to fulfil the obligation within the extended period, and if it fails to act as per the indications of the Contracting Authority, pursuant to Article 17 of the Contract, the Contracting Authority will terminate the Contract, will not pay the invoice submitted for the completed delivery, and will invoke the performance guarantee.In such case, the Carrier of the Procurement shall be obliged to compensate the damages to the Contracting Authority.

Article 22The contracting parties hereby agree that in event of unilateral termination of this Contract by

the Carrier of the Procurement, or its failure to fulfil its obligations, the Contracting Authority shall be entitled to reimbursement of all expenses related to the Contract subject matter, as well as compensation.

CONTRACTUAL PENALTY AND REDRESS

Article 23The Contracting Authority shall be entitled to a contractual penalty amounting to 0,05% of the

total Contractvalue for each day of delay or disorderly fulfilment of the obligations under the terms and conditions set out in this Contract, but not more than 20% of the total Contract value.

The contractual penalty shall be calculated from the moment the conditions laid down in paragraph 1 of this Article are met, and the Contracting Authority shall immediately notify in writing the Carrier of the Procurement thereof.

34

In case of delay or disorderly fulfilment of the Contract, the Carrier of the Procurement shall be obliged, aside from the contractual penalty, to compensate the damages to the Contracting Authority, caused by said delays or disorderly fulfilment.

FINAL PROVISIONS

Article 24Any possible changes that have occurred after signing the Contract shall be mutually agreed

upon by the contracting parties, and will enclose is to this Contract an Annex to the Contract.

Article 25For all issues not envisaged in this Contract, the provisions in the Contractual Law shall apply.

Article 26All disputes arising from this Contract, which could have not been resolved amicably by the

contracting parties, shall be resolved by the relevant court in Skopje.

Article 27This Contract shall enter into force on the day of its signing.

Article 28This Contract is drafted in six (6) identical copies, of which four (4) for the

Contracting Authority and two (2) for the Carrier of the Procurement.

PUBLIC PROCUREMENT COMMISSION OF THE CITY OF SKOPJE

BIDDER

_____________________________Responsible person of the Bidder

* The Contract Template may be also signed by a person authorized by the responsible person

35

Appendix 1 - Statement where the Bidder confirms that the Bid has been submitted independently, in accordance with Article 129, paragraph 2 of the Law on Public Procurement:

Procurement subject matter:Supply, transportation and installation of equipment for an amusement park - Skopje

STATEMENT

I, the undersigned, __________________ [name and surname], pursuant to Article 129, paragraph 2 of the Law on Public Procurement, as responsible person of the Bidder _____________________, under full material and criminal liability, hereby declare that the Bid for the lots we are taking part in the procedure for supply, transportation and installation of equipment of an amusement park - Skopje, as per Announcement no. __/2016, is submitted independently, without any collusion with other Economic Operators, which is contrary to the regulations for protection of the competition.

At the same time, under full material and criminal liability, I hereby declare that when submitting the Bid for all the lots we are taking part in the procedure no. __/2016, I am not participating with other Economic Operators with whom I have equity, ownership or blood relations.

Also, I hereby declare that I am fully aware of the consequences for providing inaccurate data in the Statement, which may lead to instigating proceedings against the Bidder on whose behalf and for whose account I have been authorised to submit this Statement.

Place and Date Responsible person*

________________ _____________________

* Note:In case of Group Bid, each member of the Group is obliged to fill in the Statement on the independent Bid.The Statement form shall be filled in as many times as necessary.

The Statement on the independent Bid may be signed only by the responsible person.

36

Appendix 2 - Statement on the Seriousness of the Bid


STATEMENT

I, the undersigned __________________________________________ [name and surname], pursuant to Article 47, paragraph 1 of the Law on Public Procurement Law, as theresponsible person of the Bidder ____________________________________________, hereby declare that I fully guarantee the content of the Bid for all the lots we are taking part, and that the Bid is valid and legally binding for us in all of its parts, until the expiry of its validity period.

Also, I hereby declare that I am fully aware of the consequences in case of violation of this Statement in the cases referred to in Article 47, paragraph 6, of the Public Procurement Law, that will result in issuing a negative reference by the Contracting Authority against the Bidder, on whose behalf and for whose account I am authorized to issue this Statement.

Place and Date

___________________________

Responsible person*

___________________________

* The Statement on the seriousness of the Bid may be also signed by a person authorized by the responsible person.

37

Appendix 3 - Statement on the warranty period


STATEMENT

I, the undersigned ______________________________________ [name and surname], as a responsible person of the Bidder ____________________________________, hereby submit this statement, confirming that the warranty period for the offered equipment is:

Lot of the procurement subject matter Duration of the warranty periodLot 1: Equipment 3.1.2Lot 2: Equipment 3.1.3Lot 3: Equipment 3.1.5Lot 4: Equipment 3.1.12Lot 5: Equipment 3.1.13Lot 6: Equipment 3.1.15Lot 7: Equipment 3.1.16

In this period we undertake to provide regular service and supply, deliver, and install the spare parts and consumables at our own expense, and for all parts we will issue guaranty certificates.

Place and Date

___________________

Responsible person*

_______________________

_______________* The Statement may be also signed by a person authorized by the responsible person.** In the table the Bidder specifies the duration of the warranty period depending on the lot for which it is taking part, where the offered warranty period for any lot shall not be less than 12 months.

38

Appendix 4 - Statement on the post-warranty period


STATEMENT

I, the undersigned ______________________________________ [name and surname], as a responsible person of the Bidder ____________________________________, hereby submit this statement, confirming that the post-warranty period for the offered equipment is:

Lot of the procurement subject matter Duration of the post-warranty periodLot 1: Equipment 3.1.2Lot 2: Equipment 3.1.3Lot 3: Equipment 3.1.5Lot 4: Equipment 3.1.12Lot 5: Equipment 3.1.13Lot 6: Equipment 3.1.15Lot 7: Equipment 3.1.16

In this period we undertake to provide regular service and supply, deliver, and install the spare parts and consumables at the expense of the Contracting Authority.

Place and Date

___________________

Responsible person*

_______________________

_______________* The Statement may be also signed by a person authorized by the responsible person.** In the table the Bidder specifies the duration of the post-warranty period depending on the lot for which it is taking part, where the offered post-warranty period for any lot shall not be less than 60 months.

39