Q&A for Public Call For Concession Granting With Prequalification

 CLARIFICATION

 

Q1:

Clarification: Could you please clarify which section of the instruction to Tenderers are applicable for the preparation of the application of Phase A (prequalification) as it seems that the word ”Bid” is used interchangeably throughout the document and in many cases is not clear whether such reference is made for Phase A or B.

A1:

Please be advised that the English version of the documentation is submitted solely for your convenience. To prepare the offer, if there is a mismatch between the Serbian and English versions, the only valid version of bidding documents is on Serbian language. For prequalification (First phase) you have to submit the documents as described in the section 2.4.1 of Instruction to tenderers.

 

Q2:

Query: Could you please clarify whether the RCWM will include a sanitary landfill for the residuals resulting from the treatment process as well as further determine the Authority’s in terms of infrastructure/technological application. Furthermore, could you please clarify:

  • whether in Phase B the Awarding Authority will clearly prescribe the technical solution to be implemented?
  • in addition to the above whether the Awarding Authority in Phase B will require minimum environmental targets to be meet (such as landfill diversion rate, recycling rate, etc.) through the solution to be provided by each candidate?

A2:

As explained in the documentation, the bidders themselves propose in the Bid the technological solution, which they plan to build and operate. As in the second phase the result of the technological solutions offered in Bid is evaluated, bidders are required to submit Environmental Impact Study, as explained in the section 3.1.1 of the Instruction to tenderers. Environmental Impact Study is to be submitted only by the qualified Bidders invited to submit their offer in the second step (Phase B) of the tendering procedure.

 

Q3:

Clarification: Please clarify what is meant by ‘’The right to visit the site and test the data only have the builders who have made the purchase of the tender documentation’’, since the tender documents were not purchased.

A3:

Please read: “The right to visit the site and test the data only have the bidders who are qualified and are eligible to participate in the second phase.”

 

Q4:

Clarification : Could you plese provide the evact date for submission of application thet coresponds to the 37 day deadline?

A4:

The Bid shall be considered timely if it is received by the Contracting Authority until February 04th, 2016 until 2 PM.

 

Q5:

Clarification: In booth ‘’Instruction for Tenderers’’ and ‘’Public Call for Concession Granting with Prequalification’’ documents there are common reference to requirements that candidates need to fulfill e.g. requirement under clause 4.1.1 of ‘’Public Call for Concession Granting with Prequalification’’ and requirements under clause 3.1.2 of ‘’Instruction to Tenderers’’. Please clarify which document prevails.

A5:

Please note that in both documents the common reference to requirements that candidates need to fulfil refers to the same, but in the Instructions to tenderers is also given the instructions how to prove and submit the evidences to requirements.

 

Q6:

Clarification/Comment: According to the provisions of clause 3.1.2 b (same requirement in ‘’Public Call for Concession Granting with Prequalification’’ clause 4.1.1 b) candidates are required to prove ‘’it has achieved an average annual turnover concerning the operation, management and maintenance of facility for sanitary disposal and/or processing of waste in the period of the last 5 years, which is above the minimum limitof specified annual turnover is calculated for the period in the previous 5 years, as evidenced in the manner defined under 3.1.3 (b) of this instruction and is filled out in the Compliance with conditions Form of Section A of the tender documents’’.

Please note that clause 3.1.3 b requires candidates to ‘’…submit a financial report that was subject to audit in the last 5 years. This report must demonstrate financial solidity and capacity of the Bidder and its potential to achieving long-term stability. The public body has the right to seek and verify information that the Bidder has started in the bid. The Bidder shall submit the financial statements alongside the translated version in Serbian.’’

As also mentioned below please clarify what is meant by ‘’financial report that was subject to audit in the last five years’’ if not the financial statements of the candidate for the last five years.

Moreover, please note that if the requirements of clause 3.1.3 b refer to financial statements please note that those present the total turnover of the candidate and not just the turnover resulting from’’ … operation, management and maintenance of facility for sanitary disposal and/or processing of waste…’’ according to the requirement of 3.1.2 b of ‘’Instruction for Tenderers’’; hence the Awarding Authority will not be able to verify the amount filled out in the ‘’Compliance with Conditions Form’’ of Section A through the financial provided under 3.1.3 b

A6:

Please note that candidates need to submit for last five years balance sheets in which are clearly stated certified balance sheet statement, profit &loss statement, cash flow statement as well as proof that such balance sheets were subject to audit (either with auditor opinion or certificate from auditor that has audited such balance sheets, etc.).

Also note, that a candidate proofs the turnover resulting from operation, management and maintenance of facility for sanitary disposal and/or processing of waste with: – copies of the contracts translated into Serbian language from which it can clearly determine the capacity of suppliers or original notarized certificates / statements by the municipality / city service users, which contain the essential elements of the Agreement, attesting that they Bidder performs services in accordance with the commitments assumed by the contractual obligations.

 

Q7:

Clarification/Comment: According to the provisions of clause 3.1.2 c. candidates are required to prove that they have ‘’…achieved total turnover in terms of design and construction of the facility for sanitary disposal and/or processing of waste for a period of 10 years or more and which is over the proposed labor contract price relating to the investment for the construction of Regional Waste Management Centre…’’

Could you please clarify how the ‘’…the proposed labour contract price relating to the investment for the construction of Regional Waste Management Centre.’’ can be estimated at the moment. Are candidates required to disclose their estimate regarding overall capital expenditure of the RWMC at this stage? Would the Authority consider requesting a certain amount or would the Authority provide its estimate in terms of range as regards the ‘’…contract price relating to the investment for the construction of Regional Waste Management Centre…’’?

The same question refer to the requirement expressed under clause 4.1.1 c of the ‘’Public Call for Concession Granting with Prequalification’’ where it is mentioned.

‘’It recorded the total turnover in terms of design and construction of the facility for sanitary disposal and/or processing of waste for a period of 10 years or more, which is above the offered part of the contract price which is related to the investment for constructing RCWM’’.

A7:

In the prequalification phase, candidate in the A1 form provides description of technical-technological solution that plans to offer in the next phase. In this part of A1 form, candidate should disclose the estimated approximated value of investment. According to that, candidate should provide proof that has built at least one facility, which corresponds to the description in A1 form, and minimum capacity of 82.000 tons.

 

Q8:

Clarification: The following references are made within clause 3.1.2 ‘’…or original notarized certificates/statements by the municipality/city service users…’’.

Could you please clarify the requirements as to the notarization of certificates? Would it be possible to cover requirement through apostile seal?

A8: Please note that we will accept both, either notarization of the certificate, either through apostille seal.

 

Q9:

’With all translated documentation, the Bidder shall submit certified copies of original documents. All translation of original documents, submitted in the Bid must be completed by certified court interpreter’’.

Our understanding is that all translated documents will have attached the original documents (i.e. in English) or certified copies of them all translations will be certified by a court interpreter. Please confirm our understanding.

A9:

You understood correctly.

 

Q10:

Comment : According to the provisions of clause 3.1.3 a candidates are called to demonstrate that they have ‘’…access to, or has available, liquid assets, unencumbered real estate, lines of credit and other resources…’’ for an amount that is ‘’…not less than 10% of the offered investment…’’.

Are candidates required to disclose their estimate regarding the ‘’offered investment’’ at this stage? Would the Authority consider requesting a certain amount or would the Authority provide its estimate in investment…’’ expected’?

A10:

Yes, candidate should disclose the estimated approximated value of investment in A1 form, part 5.

 

Q11:

Clarification: Please clarify what is meant by ‘’financial report that was subject to audit in the last 5 years’’ if other than the financial documents of the candidate for the last 5 years. Furthermore, will given that financial statements prepared in accordance with IFRS are multipage (more than 70pages depending on the company) would the Awarding Authority consider candidates providing a translated certified balance sheet statement, profit&loss statement, cash flow statement as well as auditor opinion? Do you require any financial report within the last 5 years or all of them?

A11:

Yes, candidate should provide a translated certified balance sheet statement, profit &loss statement, cash flow statement, as well as proof that such balance sheets were subject to audit for the last five years (every year).

 

Q12:

Clarification: Please clarify whether candidates need to provide the required information under clause 3.1.4 during Phase A. If so could you please further clarify the expectations as to the ‘’key position’’.

A12:

No, information under clause 3.1.4 should be provided only by the qualified Bidders invited to submit their offer in the second step (Phase B) of the tendering procedure.

 

Q13:

Clarification : Please clarify the correct deadline for submition.

A13:

The Bid shall be considered timely if it is received by the Contracting Authority until February 04th, 2016 until 2 PM.

 

Q14:

Query: Please clarify whether the field ‘’Authorized Person for signing the Contract’’ need to be filled in during Phase A.

Furthermore, please clarify if certain corporate documentation (e.g. Board of Directors resolution) need to be provided for covering the requirements of fields:

„Contract person’’

„Responsible person for the Bid’’

„Responsible person for the Contract’’

Finally, and given that most companies have relations with several banks, please clarify the criteria to be used for filling in field ‘’Bidder’s account number and name of the Bank’’

A14:

Yes, the field ‘’Authorized Person for signing the Contract’’ of A1 form need to be filled in during prequalification phase (Phase A). If established by company policy or internal regulations, candidate should provide certain corporate documentation (e.g. Board of Directors resolution) for covering the requirements of fields: ‘’Contract person’’, ‘’Responsible person for the Bid’’, ‘’Responsible person for the Contract’’. Furthermore, you may fill in any active bank number in the Form A1 in field ‘’Bidder’s account number and name of the Bank’’.

 

Q15:

Clarification : Please clarify a) whether the description of the planned technical and technological solution is bidding for candidates as regards the following Phase of the tender (Bid Phase), b) whether such description need to be provided in Serbian or English, c) how such deliverable is going to be evaluated in the context of Phase A

A15:

  1. A) In prequalification phase, within A1 form candidates provide description of technical-technological solution that plans to offer in the next phase, on which base candidate disclose the estimated approximated value of investment.
  2. B) All documents must be provided on Serbian language.
  3. C) Technical and technological solution is not going to be evaluated in the prequalification phase.

 

Q16:

Same clarification required as under no 12

A16:

Please provide clarification about this question.

 

Q17:

Comment: Please clarify what candidates need to fill in in field ‘’Name and number of the contract (attached as evidence to the Bid)’’ in the case they opt to provide with certificate instead of contract

A17:

In case the candidates provide certificate instead of contract, in the certificate must be indicated the name and number of contract its referred to, and that number should be filled in Form A2, part 2.

 

Q18:

Clarification: Please clarify what is required in accordance with the below provision mentioned in the first bullet of the Note to Table 1 :

‘’…According to the above mentioned evidence is filled Schedule of conditions, which must include the legal acts concerning contracting and implementation as well as the impact on the environment…’’.

A18:

If candidate provide certificate instead copy of contract, in order to meet requirements, that certificate must include the statement that contractor is fulfilling all the obligations regarding environment.

 

Q19:

Query: Please clarify what candidates should fill in under field ‘’Operating income’’ of the respective table.

Moreover, please clarify which field candidates need to fill in order to comply with the requirements of clause 3.1.2 b of ‘’Instruction to Tenderers’’ as per below:

„…The average annual turnover is calculated for the period in the previous 5 years, as evidenced in the manner defined under 3.1.3 (b) of this instruction and is filled out in the Compliance with conditions Form of Section A of the tender documents’’

A19:

Operating income refers to income from sales of goods and services. Please note that evaluators will calculate the average annual turnover from the A2 form provided by the candidate.

 

Q20:

Given the limited time provided up to Application submission and given that all documentation need to be proved in Serbian through authorized translator we hereby request extension of the Application deadline by 15 days.

A20:

Please note that at this moment we cannot meet your demand regarding the extension of the application deadline.

 

Q21:

Clarification: Could you please clarify whether you require copies of the submittals in hard copy or in electronic form, and if yes how many?

A21:

All the documents should be submitted in hard copy. You need to submit only one copy of the documents.

 

Q22:

Clarification: Could you please confirm that it is acceptable to submit certified copies of the original documents?

A22:

Yes, it is acceptable to submit certified copies of the original documents.

 

Q23:
1. Instr. to Tender, item 3.1.2 c)
1st paragraph: What is the meaning of “proposed labour contract price”?
A23:
*Read: “proposed investment contract price”: In the prequalification phase, candidate in the A1 form provides description of technical-technological solution that plans to offer in the next phase. In this part of A1 form, candidate should disclose the estimated approximated value of investment. According to that, candidate should provide proof that has built at least one facility, which corresponds to the description in A1 form, and minimum capacity of 82.000 tons.
Q24:
· The turnover must be over the Bidders estimated price of the future design & construction costs or the total investment costs including the operation of the RCWM?
A24:
*Total investment costs excluding the operations.
The operation, management an maintenance average annual turnover is clarifie in 3.1.2.b
Q25:
· Can the turnover of several projects be cumulated?
A25:
*average annual turnover concerning the operation, management and maintenance (3.1.2.b) can be cumulated.
*total turnover in terms of design and construction of the facility (3.1.2.c) can not be cumulated:
“not less than one project in the last 10 years of the same or similar technological process,of the same or similar value.”
Q26:
· Is it sufficient to submit the contract(s) or must it be references from clients?
A26:
*It is sufficient to submit the contracts. It is the choice of the bidder. Reason of this optional approach is the confidentiality clause in some contracts and it is more convinient to translate and submit the client references.
Q27:
· In case reference projects were implemented in a consortium, do we have to show our share (percentage) or is the partnership in the consortium sufficiant proof?
A27:
*You have to prove your share in: percentage, financial value and specific responsibilities for which you were in charged in the consortium. All of this depends on your role in the consortium. If you have to prove the connection between your consortium leader with user of or client, you will probably have to submit more contracts to prove this relationship: Consortium or subcontractor contract and contract between Consortium and client.
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