1/15

DOCUMENTATION

for selection of a contractor for the award of a public procurement with the subject:

„Consultancy services - GAP analysis of the implementation of Commission Regulation (EU)

73/2010 for quality of aeronautical data”

under the terms and conditions of Chapter 8 "a" of the Public Procurement Act

Съгласували:

Sofia, 2014

2/15

Section I

Description of the public procurement scope

The European Commission adopted Regulation (EU) № 73/2010 laying down requirements on the quality

of aeronautical data and aeronautical information (ADQ) for the single European sky. The ultimate goal of

ADQ is to achieve sufficient quality of aeronautical data and aeronautical information to ensure safety and

to support new concepts of operation within the European air traffic management network (EATMN). Due

to the extension of the obligations, the Member States face considerable difficulties in the implementation

of this Regulation. The Regulation sets new requirements not only to air navigation service providers, but

also to all persons, bodies and institutions that are involved with the creation and processing of initial

aeronautical data or information.

To determine the steps and ways to achieve implementation of the Regulation, it is necessary a detailed

analysis of the current level of compliance of BULATSA towards the requirements of EU Regulation

73/2010 to be undertaken. The same goal can be accomplished through professional ADQ consultancy

services.

The subject of the public procurement is „Consultancy services – GAP analysis of the implementation of

Commission Regulation (EU) 73/2010 for quality of aeronautical data”.

Section II

Technical specification

The consultancy services shall include the following activities:

2.1. A detailed analysis of the available evidence, identification of gaps and inconsistencies, assessment of

the current level of compliance of the quality of aeronautical data towards the requirements of EU

Regulation 73/2010;

2.2. A site visit of the consultants to BULATSA in order to analyze the operating procedures and

documents related to the provision of aeronautical data;

2.3. Provision to BULATSA of licenses for access to the so-called ADQ online tool for completion of the

questionnaires with information about received and provided aeronautical data;

2.4. Development of GAP analysis for identification of topics and areas in which activities to achieve the

requirements for quality of aeronautical data, as required by Regulation 73/2010, need to be organized.

The analysis has to be developed for all levels: technical infrastructure; operational environment; human

resources and organization; non-operating requirements.

2.5. Preparation of a report including the GAP analysis and a compliance matrix indicating any

inconsistencies found against the EC Regulation 73/2010.

Section III

Terms and conditions for submission of offers

3.1. The offers shall be submitted in a sealed opaque envelope at the BULATSA Registry Office at the

following address: Bulgarian Air Traffic Services Authority, 1 Brussels Blvd., 1540 Sofia, Bulgaria, not

later than 16:30 p.m. on 26.09.2014.

3.2. On the envelope the participant shall indicate the procurement scope, company’s name, address for

correspondence, telephone number and, if possible, fax number and e-mail address.

3/15

Section IV

Requirements to the offers

4.1. Each participant in the public procurement procedure shall be entitled to submit only one offer for the

overall execution of the order.

4.2. The offer shall be prepared in accordance with Art. 101c, para 1 of the Public Procurement Act and

the requirements of the Contracting Authority.

4.3. All documents of the offer shall be signed by a person, representing the participant under its

commercial registration, or by an expressly authorized person.

4.4. All documents of the offer shall be in English or Bulgarian language, with exception of the documents

under p. 7.1. (if the participant is a foreign person) which shall be submitted together with a legalized

translation into Bulgarian.

4.5. The participant shall offer the period of execution of the public procurement (in calendar days), the

maximum time period being 90 (ninety) calendar days from the date of entry into force of the contract.

Section V

Special requirements to the performance of the contract

5.1. The selected contractor shall prepare a GAP analysis of the compliance of the Aeronautical

Information Service (AIS) to the requirements of Regulation 73/2010 for three ADQ roles - AIS, ASM

(Procedure Design and Charting) and CAA;

5.2. The selected contractor shall provide BULATSA with an access to the GAP analysis оnline tool, and

for each ADQ role a separate license (password) shall be provided;

5.3. The selected contractor shall provide BULATSA with the documents drafted by it during the

implementation of the service on paper and / or in electronic form in Bulgarian and / or English language.

Section VI

Requirements to the participants related to the performance of the contract

6.1. The participants in the procedure shall have experience in the implementation of services, identical or

similar to the subject of the contract, completed during the past three years as from the date of the

submission of the offer.

6.2. The participants shall have experience in the international coordination of activities and operation of

pan-European centralized AIM databases and AIM products.

6.3. The participants shall perform daily activities related to the aeronautical information services

according to the requirements of ICAO Annex 15, which includes work with AIXM static database,

NOTAM, introduction of AIP publications, etc.

6.4. The participants shall be familiar with the methodology and development of the European AIS

database related to ADQ.

6.5. The participants shall hold a valid certificate of an implemented quality management system

according to EN ISO 9001:2008 or equivalent, with a range including AIM services and provision of

services to the European AIS database.

4/15

6.6. For the execution of this contract the participants shall have available a team for execution.

Section VII

Content of the offer

The offer shall contain the following documents:

7.1. Copy of the registration document or a unique identifier in accordance with Art. 23 of the

Commercial Register Act, if the participant is a legal person or a sole trader; a copy of the identity

document, when the participant is a natural person.

7.1.1. The foreign participants in the procedure, natural or legal persons or their groups, shall

present the document under p. 7.1. accompanied by a legalized translation. According to §1, p. 16a of the

additional provisions of the Public Procurement Act "legalized translation" is a translation accomplished

by a translator who has concluded a contract with the Ministry of Foreign Affairs for legalized translations.

The list of translators can be found on the website of the Ministry of Foreign Affairs of the Republic of

Bulgaria.

7.1.2. When a unique identifier in accordance with Art. 23 of the Commercial Register Act is not

presented, the participants shall be required to submit a certificate of current status - original or certified

copy issued not more than 3 months before the date of opening of the offers. The foreign legal persons

shall submit an equivalent document issued by a judicial or administrative body of the country in which

they are established, accompanied by a legalized translation into Bulgarian language.

7.2. Schedule for implementation of the activities – the period of execution shall not exceed 90 (ninety)

calendar days from the date of entry into force of the contract;

7.3. Technical proposal, including a detailed description of the organization of work and the methodology;

7.4. List of the proposed team that will be involved in the performance of the contract, with a clear

reference of function for each person.

7.5. Description of the profile of participant, including general information about the scope of activity,

market specialization, previous experience in performing strategic studies and analyzes in the field of

centralized AIM databases and AIM products (in case of associations and consortia the description shall

cover all members of the grouping / consortium) – a maximum of 5 pages (free text).

The presented information must make clear that the participant meets the requirements listed in p. 6.2., 6.3.

and 6.4. of Section VI of the tender documentation.

7.6. Signed by the participant list of services, which are identical or similar to the subject of the contract,

completed during the past three years as from the date of submission of the offer, indicating the values,

dates and recipients, along with evidence of the services performed. Proof of performed services shall be

provided in the form of a certificate issued by the recipient or by a competent authority, or by indicating

the public register in which information about the services is published;

7.7. Copy of a valid certificate of an implemented quality management system under ISO 9001: 2008 or

equivalent, with a range including AIM services and provision of services to the European AIS database.

5/15

7.8. Offered price.

7.8.1. The offered price shall be indicated in Euro, excluding VAT and shall include all direct and

indirect costs, taxes, charges and profit.

7.9. Validity of offer – not less than 90 (ninety) calendar days from the deadline for submission of the

offer.

7.10. Notarized power of attorney if the person, who will represent the participant in the procedure, is not

its legal representative. The power of attorney shall be signed by the person who legally represents the

participant.

Section VIII

Method of payment and guarantees

8.1. The payment shall be made in accordance with the terms of the draft contract.

8.2. Terms and amount of the performance bank guarantee for implementation of the contract

8.2.1. Before signing the contract the participant selected as the contractor shall submit performance bank

guarantee in the amount of 5% (five per cent) of the contract value excluding VAT in one of the following

forms:

а) performance bank guarantee in the form of money paid to the following bank account of

BULATSA:

Unicredit Bulbank AD,

Customs Agency at Sofia Airport,

Sofia, 1, Hristofor Columb Blvd.,

BIC: UNCRBGSF

IBAN: BG80UNCR76305000044414 or

b) original of a performance bank guarantee, issued in favor of the Contracting Authority as per the

indicated model (according to Appendix № 2), valid at least 30 (thirty) days after the expiration of the

contract.

8.2.2. The performance bank guarantee shall be retained and released in accordance with the terms of the

draft contract.

Section IX

Clarifications on the documentation for participation

9.1. Upon written request, made not later than 3 (three) days prior to the deadline for receipt of offers,

each participant may request clarifications on the documentation by the Contracting Authority. For contact

- fax: +359 2 980 3864.

9.2. The Contracting Authority shall publish in the buyer’s profile written clarifications on the terms of the

public procurement not later than the day following the date of receiving the request.

9.3. The Contracting Authority shall send a written clarification to the participant who has made the

written request and has provided an address for correspondence.

6/15

Section X

Evaluation of the offers

10.1. The receipt, review and evaluation of the offers shall be made by a Committee appointed by the

Contracting Authority in accordance with Art. 101d of the Public Procurement Act.

10.2. When a lack of documents and/or non-compliance with the selection criteria and/or other irregularity,

including factual error, is established, the Committee shall require in writing the participant to submit the

relevant documents. The participants shall submit the relevant documents to the Committee within 5

working days from the receipt of the written request by the Committee.

10.3. The Committee may, if necessary, at any time:

10.3.1. check the data declared by the participants, including by requesting information from other

bodies and persons;

10.3.2. require from the participants:

а) clarification of declared by them data;

b) additional evidence for data from documents contained in the offer, but this option can not be

used for a change of the technical proposal and the price offer of the participants.

10.4. The offer of the participants will be evaluated according to the criterion "the lowest price" excluding

VAT.

Section XI

Conclusion of the contract

11.1. Upon conclusion of the contract, it shall include all proposals from the offer of the participant on the

basis of which the participant has been appointed as the Contractor and which comply with the

requirements of the Contracting Authority.

11.2. Before signing the contract the appointed contractor shall provide:

11.2.1. Performance bank guarantee;

11.2.2. Document issued by a competent authority certifying that the participant has not been

sentenced with an effective sentence / has been convicted but was rehabilitated for:

а) an offense against the financial, tax or social security system, including money laundering under

Art. 253-260 of the Criminal Code;

b) bribery under Art. 301-307 of the Criminal Code;

c) participation in a criminal group under Art. 321 and Art. 321a of the Criminal Code;

d) an offense against property under Art. 194-217 of the Criminal Code;

e) an offense against the economy under Art. 219-252 of the Criminal Code.

11.2.3. Declaration under Art. 47, para 5 of the Public Procurement Act (according to Appendix

№4).

7/15

Section XII

Appendices

Appendix № 1 of the documentation

Annex № 4 of the Contract

Advance payment bank guarantee (model)

ADVANCE PAYMENT BANK GUARANTEE

CONTRACTING AUTHORITY: BULGARIAN AIR TRAFFIC SERVICES

AUTHORITY, 1, BRUSSELS BLVD. 1540 SOFIA,

BULGARIA

CONTRACTOR: ……<NAME>…………… <HEADQUARTERS

AND REGISTERED OFFICE>

CONTRACT: ….<NUMBER, DATE>

SUBJECT OF THE CONTRACT: „Consultancy services – GAP analysis of the

implementation of Commission Regulation (EU)

73/2010 for quality of aeronautical data ”

CONTRACT VALUE: ….<AMOUNT IN THE CURRENCY OF THE

CONTRACT>………..

AMOUNT

OF THE BANK GUARANTEE:

….<AMOUNT IN THE CURRENCY OF THE

CONTRACT>, representing 30% (thirty per cent) of

the amount due under Clause 2.1 of the Contract

EXPIRY DATE: <VALIDITY DATE> at least 30 (thirty) calendar days

after the deadline for implementation of the Contract.>

We, <name of the issuing bank>, with our headquarters and registered office at <......> have been

informed of the above specified Contract and we understand that, according to the terms of the

Contract, the advance payment shall be made against a presented advance payment guarantee.

At a request of the CONTRACTING AUTHORITY we hereby guarantee irrevocably the payment of

the advance payment on first written request, without taking into consideration any incidental objection

of the CONTRACTOR. The payment will be effected immediately without prior judicial or arbitral

award and regardless of the legal relationships between the CONTRACTING AUTHORITY and the

CONTRACTOR, should the CONTRACTOR be in default under the Contract, up to any sum or sums

not exceeding in total the above mentioned amount of the guarantee.

Your duly signed and stamped request for payment has to be accompanied by a statement stating that

the CONTRACTOR is in breach of his obligations under the Contract.

Your written request for payment shall be submitted to us through the headquarters of your designated

bank, which shall confirm that your signatures are authentic and legally binding.

The bank guarantee may be released before the expiry of its validity period only after the return of its

original to <name of the issuing bank>.

DATE OF ISSUE: ……………..

PLACE OF ISSUE: ……………..

NAME AND POSITION OF THE

RELEVANT PERSON AUTHORISED BY

THE BANK

<signature and stamp >

8/15

Appendix № 2 of the documentation

Performance bank guarantee (model)

PERFORMANCE BANK GUARANTEE FOR PERFORMANCE OF A CONTRACT FOR

PUBLIC PROCUREMENT

CONTRACTING AUTHORITY: BULGARIAN AIR TRAFFIC SERVICES

AUTHORITY, 1, BRUSSELS BLVD. 1540 SOFIA,

BULGARIA

CONTRACTOR: ……<NAME>…………… <HEADQUARTERS AND

REGISTERED OFFICE>

SUBJECT OF THE PUBLIC

PROCUREMENT PROCEDURE AND

THE CONTRACT:

„Consultancy services - GAP analysis of the

implementation of Commission Regulation (EU)

73/2010 for quality of aeronautical data ”

CONTRACT VALUE: ….<AMOUNT IN THE CURRENCY OF THE

CONTRACT>………..

AMOUNT

OF THE BANK GUARANTEE:

….<AMOUNT IN THE CURRENCY OF THE

CONTRACT>, representing 5% (five per cent) of the

price of the Contract

EXPIRY DATE: <VALIDITY DATE – at least 30 (thirty) days after the

expiry of the Contract>

We, <name of the issuing bank>, with our headquarters and registered office at <......> have been notified

that you, State Enterprise Bulgarian Air Traffic Services Authority, in your capacity as a Contracting

Authority and <..................... company ................., address ..........................., UIC>, in its capacity as a

Contractor, are about to sign a Contract to award the performance of the public procurement with the

above mentioned subject.

In accordance with the terms and conditions of the Contract the Contractor shall submit performance bank

guarantee in your favour in an amount representing 5% of the Contract value, excluding VAT, as referred

to above.

In connection with the foregoing, we undertake irrevocably and irrespective of the validity and effect of

the above Contract, to pay each amount up to the amount of the guarantee upon receipt of your duly

signed and stamped request for payment, declaring that the CONTRACTOR has failed to fulfil, partially

or fully, its obligations under the Contract. The payment shall be made immediately, without prior judicial

or arbitral awards, and regardless of the legal relationship between the CONTRACTING AUTHORITY

and the CONTRACTOR.

Your written request for payment shall be submitted to us through the headquarters of your designated

bank, which shall confirm that your signatures are authentic and legally binding.

The bank guarantee may be released before the expiry of its validity period only after the return of its

original to <name of the issuing bank>.

DATE OF ISSUE: ……………..

PLACE OF ISSUE: ……………..

NAME AND POSITION OF THE

RELEVANT PERSON AUTHORISED BY

THE BANK

<signature and stamp >

9/15

Appendix № 3

CONTRACT

(draft)

№ ............../..........................

Today, ................................. 2014 in Sofia between:

The Bulgarian Air Traffic Services Authority (BULATSA), with headquarters and registered office at 1

Brussels Blvd., Sofia Airport, 1540 Sofia, Bulgaria, BULSTAT 000697179, tel. +35929371111, fax

+35929800043, represented by Mr. Ivan Diaksov, Deputy Director General, Operations, pursuant to item

1.2. of Order № РД-29-317/20.06.2014 of the BULATSA Director General, hereinafter referred to as

“Contracting Authority”, on the one hand,

and

…………………., with headquarters and registered office at: ………………………, UIC …………….,

tel. ……………….., fax …………., represented by ……………….., hereinafter called “Contractor”, on

the other hand,,

pursuant to Art. 101f of the Public Procurement Act and according to the results, referred to in the Protocol

of ................ (date) of the Committee appointed by Order № ................. / ............... 2014 for review and

evaluation of offers, the present Contract was drafted and signed regarding the following:

I. SUBJECT OF THE CONTRACT

1.1. The Contracting Authority shall hereby assign, and the Contractor shall hereby accept to provide

Consultancy services – GAP analysis of the implementation of Commission Regulation (EU) 73/2010

for quality of aeronautical data” in compliance with the Contract provisions and according to Annex №

1, Annex № 2 and Annex № 3, being an integral part of the Contract.

II. PRICE AND METHOD OF PAYMENT

2.1. The total Contract price shall amount to EUR....................... (..............................in words) excluding

VAT.

2.2. The total price under Clause 2.1. shall include all direct and indirect costs, fees and profit, and all

taxes, which are or will be payable outside Bulgaria during the period of performance of the Contract.

2.3. The total price under Clause 2.1. shall be paid by bank transfer according to the conditions of Section

III, as follows:

2.3.1. Advance payment in the amount of 30% (thirty per cent) of the price under Clause 2.1. of the

Contract – after the entry into force of the Contract, by bank transfer within 15 (fifteen) working days after

the receipt of:

2.3.1.1. original of an invoice for 100% (one hundred per cent) of the price under Clause 2.1. of the

Contract and a request for payment of 30% (thirty per cent) of the total price of the invoice, and

2.3.1.2. original of the Advance Payment Bank Guarantee in the amount of the advance payment

(Annex № 4 of the Contract), valid for at least 30 (thirty) days after the deadline under Clause 4.1.

2.3.2. Final payment of 70% (seventy per cent) of the price under Clause 2.1. of the Contract – by

bank transfer within 15 (fifteen) working days after the receipt of:

2.3.2.1. a request for payment of 70% (seventy per cent) of the total price of the invoice under

Clause 2.3.1.1. and

10/15

2.3.2.2. signed protocol for approval by the Contracting Authority of the final report under Clause

5.4. or respectively Clause 5.6. the Contract.

2.3.3. The tax charged and due for consultancy services shall amount to 0 % or 10 %, in

accordance with the provisions of Section III of the Contract.

2.4. All payments under this Contract shall be made in Euro, by bank transfer, to a bank account specified

by the Contractor in the issued invoice.

III. TAXES AND DUTIES

3.1. The Contractor shall bear all taxes and levies, which are or will become due outside Bulgaria during

the period of performance of this Contract.

3.2. The Contracting Authority shall be obliged to cover all taxes in Bulgaria during the period of

performance of this Contract, except for the tax payable at source in case the income of the Contractor is

subject to such a tax, in which case it shall be payable by the Contractor.

3.3. The payments for the provision of technical services shall be charged with a tax payable at source at

the rate of 10% of the gross sum in compliance with the provisions of the Bulgarian Corporate Income Tax

Act (CITA). If there is a Tax Treaty (TT) in effect between Bulgaria and the state of fiscal residence of the

Contractor, the Contractor’s income will be charged according to the provisions of the TT.

3.4. The Contractor shall be obliged to submit to the Contracting Authority a claim for establishing the

grounds for application of the tax relief options pursuant to the provisions of the TT signed between the

Republic of Bulgaria and the country of residence of the Contractor.

3.5. The Contracting Authority shall submit the claim received under the TT to the Bulgarian Tax

Administration after the total annual income from all contracts between the Contractor and the Contracting

Authority which are subject to taxation, accrued or to be accrued by the Contractor during each calendar

year, exceeds or will exceed BGN 500,000.00 (equivalent to EUR 255,645.94).

3.6. In case that:

а/ the Contractor fails to submit the claim or all documents related thereto to the Contracting Authority, or

b/ the claim has been submitted to the Bulgarian Tax Administration but its opinion on the eligibility to tax

relief in compliance with the effective TT is negative, or

c/ the claim has been submitted to the Bulgarian Tax Administration but it fails to return a statement

regarding the eligibility to tax relief in compliance with the effective TT by the date the payment or

payments become due, regardless of the reason thereof, the Contracting Authority shall deduct 10% of the

amount of the respective invoice when it makes the respective payments.

3.7. In case the Bulgarian Tax Administration establishes, in the course of reviewing the claim, the

existence of other types of income subject to tax payable at source, then the Contracting Authority shall

pay the amount of the remuneration of the Contractor after deducting the due tax payable at source.

3.8. If the Contracting Authority has paid the withholding tax on the amount of the remuneration of the

income paid to the Contractor, then the Contracting Authority shall be obliged to assist the Contractor,

after being duly authorized thereof, for the issuance of a document by the Bulgarian Tax Administration

certifying that the due tax payable at source on the Contractor’s income has been paid.

3.9. The Contractor and the Contracting Authority shall be obliged to make every effort and co-operate in

case the Bulgarian Tax Administration asks for submission of another document that might be deemed

necessary for establishing the grounds for applying the effective TT regarding the income paid to the

Contractor under this Contract.

11/15

3.10. The parties’ obligations referred to in this Clause shall remain in force even after the end of the

Contract performance.

3.11. If there is no TT in effect between the Republic of Bulgaria and the country of fiscal residence of the

Contractor, then the Bulgarian Corporate Income Tax Act (CITA) provisions shall apply .

3.12. In case that the Contractor under this Contract is a taxable person within the meaning of Art. 2 of

CITA, the income under this Contract shall be taxed as per the CITA.

IV. DEADLINE FOR PROVISION OF THE SERVICE

4.1. The deadline for provision of the servise under Clause 1.1. of the Contract shall be …… (………. in

words) calendar days (but not more than 90 calendar days) after Contract enters into force.

4.1.1. The deadline for provision of the service under Clause 4.1. shall not include the time for

review and approval of the final Gap Analysis Report by the Contracting Authority under Clauses 5.4., 5.5.

and 5.6.

4.2. For the provision of the service, the Contractor shall draw up a final report and provide it for approval

to the Contracting Authority. The final report shall be considered adopted after signing the protocol for

approval.

V. PROCEDURE AND METHODS FOR ACCEPTANCE OF THE IMPLEMENTATION

OF THE CONTRACT

5.1. Within 30 (thirty) calendar days prior to the expiration of the term under Clause 4.1. the Contracting

Authority shall organize a meeting (Familiarization Meeting), during which the Contractor shall provide a

preliminary Gap Analysis Report.

5.2. Within 15 (fifteen) calendar days prior to the expiration of the term under Clause 4.1. the Contractor

shall submit to the Contracting Authority the final Gap Analysis Report.

5.3. The final Gap Analysis Report under Clause 5.2. shall be subject to review by the Contracting

Authority within 5 (five) calendar days of its receipt.

5.4. If the Contracting Authority approves the submitted by the Contractor final Gap Analysis Report

under Clause 5.2., the Contracting Authority shall sign a protocol for approval.

5.5. If the Contracting Authority does not approve the submitted by the Contractor final Gap Analysis

Report under Clause 5.2., within 10 (ten) calendar days of its receipt the Contracting Authority shall return

the Report to the Contractor accompanied by a notification letter specifying deadline for reflecting the

identified circumstances that shall be corrected by the Contractor.

5.6. The adoption of the final Gap Analysis Report shall be done by signing the protocol for approval by

the Contracting Authority within 5 (five) calendar days of receipt of the final Gap Analysis Report under

Clause 5.5.

VI. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

6.1. The Contractor shall provide the service under Clause 1.1. in accordance with the provisions and

within the deadline of this Contract and its Annexes.

12/15

6.2. The Contractor shall ensure the provision of the service under Clause 1.1. by the persons included in

the “List of persons directly involved in the implementation of the subject of the Contract” – Annex № 3 of

the Contract.

6.3. The Contractor shall provide the Contracting Authority with all drafted by it documents, necessary for

provision of the service under Clause 1.1., on paper and/or electronic form in Bulgarian and/or English

language.

6.4. The Contractor shall ensure due diligence in performance of its obligations under this Contract.

6.5. Regarding visits and working meetings at the sites of the Contracting Authority, the Contractor shall

organize them at a time convenient for the employees of the Contracting Authority and shall comply with

the rules for access to these sites.

6.5.1. All costs incurred by the Contractor for the visits shall be at its expense.

6.6. The Contractor shall not disclose any information that has become known during and regarding the

performance of the Contract and shall make this obligation binding to all its employees and subcontractors.

6.6.1. The obligation of confidentiality under Clause 6.6. shall remain in force after the termination

of this Contract.

6.7. The Contractor shall be responsible for the activities of its employees as for its own activities.

6.8. The Contractor shall notify the Contracting Authority in writing within seven days of the occurrence

of any of the circumstances provided in Clauses 9.3.1. - 9.3.3.

6.9. The Contractor shall provide the Contracting Authority with a preliminary Gap Analysis Report within

the deadlines of Annex № 2 but not later than 30 (thirty) calendar days prior to the expiration of the

deadline under Clause 4.1. For discussion of the Draft Gap Analysis Report the Contracting Authority

shall organize a meeting (Familiarization Meeting) at its premises.

6.10. The Contractor shall provide the Contracting Authority with a final Gap Analysis Report within 15

(fifteen) calendar days prior to the expiration of the deadline under Clause 4.1. of this Contract.

6.11. If the Contracting Authority returns the final Gap Analysis Report for corrections by the Contractor,

the Report shall be revised and submitted back to the Contracting Authority within the specified period

which may not be longer than 5 (five) calendar days.

6.12. The Contractor shall be entitled to receive the negotiated remuneration under the terms and

conditions specified in the Contract.

VII. RIGHTS AND OBLIGATIONS OF THE CONTRACTING AUTHORITY

7.1. For the provided service, subject of this Contract, the Contracting Authority shall pay to the

Contractor the agreed price in the amount and under the terms and conditions specified in the Contract.

7.2. The Contracting Authority shall provide the necessary assistance to the Contractor for the proper and

in good faith performance of the Contract

7.3. The Contracting Authority shall have the right to perform, at any time, control on the quality and

proper execution of the subject of the Contract.

13/15

7.4. Within 30 (thirty) calendar days prior to the expiration of the term under Clause 4.1, the Contracting

Authority shall organize a meeting (Familiarization Meeting), at which the Contractor shall provide the

preliminary Gap Analysis Report.

7.5. If the Contracting Authority approves the submitted by the Contractor final Gap Analysis Report

under Clause 5.2., the Contracting Authority shall sign a protocol for approval of the final Gap Analysis

Report within 10 (ten) calendar days of its receipt

7.6. If the Contracting Authority does not approve the submitted by the Contractor final Gap Analysis

Report under Clause 5.2., within 10 (ten) calendar days of its receipt the Contracting Authority shall return

the Report to the Contractor accompanied by a notification letter specifying the identified circumstances

that shall be corrected by the Contractor.

7.7. The Contracting Authority shall appoint a staff member to sign documents in connection with the

performance of this Contract and to monitor its implementation, as follows:

…………….. - ………………………. (name, title, phone, email).

7.8. Upon timely and quality implementation of the Contract by the Contractor, the Contracting Authority

shall release the performance bank guarantee within 30 (thirty) days after the expiry of the Contract.

VIII. RESPONSIBILITIES AND PENALTIES

8.1. In case the Contractor fails to perform its obligations under Clause 1.1. within the agreed deadline, the

latter shall pay to the Contracting Authority a penalty in the amount of 0.2% (zero point two per cent) of

the price under Clause 2.1. for each day of delay, but not more than the amount of that price.

8.2. If the Contract deadlines for payment are not complied with through the fault of the Contracting

Authority, the latter shall be obliged to pay a penalty, for each day of delay, in the amount of 1/360 of the

interest rate applied by the European Central Bank on its main refinancing operations effective

respectively from 1 January or 1 July of the current year plus 10% (ten per cent) of the delayed sum.

Interest rates effective from 1 January of the current year are applicable for the first half of the year, and

interest rates, effective from 1 July, are applicable for the second half of the year

8.3. The total amount of the penalties payable by the Contracting Authority may not exceed 20% (twenty

per cent) of the Contract price under Clause 2.1.

8.4. In case of delayed or inaccurate performance of the Contract by the Contractor, the Contracting

Authority shall retain the relevant part of the performance bank guarantee and/or of the amount of the

subsequent payments to compensate the damages caused by the respective default and for the penalty

penalties payments due.

8.5. The payment of the penalties for delay shall not relieve the party, which is in default, of the

performance of its obligations according to the Contract.

8.6. The payment of the penalties shall not deprive the correct party to seek compensation for damages and

lost profits in excess of the penalty under the general claim procedure.

IX. TERMINATION OF THE CONTRACT

9.1. This Contract shall be terminated:

14/15

9.1.1. upon performance of the Contract by the Contractor;

9.1.2. upon faulty breach of obligations by one of the parties under the Contract – by a 7-day

written notice from the correct party to the party in default.

9.2. The Contracting Authority may terminate this Contract by one-month written notice if as a result of

circumstances arising after conclusion of the Contract the Contracting Authority is not able to perform its

obligations.

9.3. The Contracting Authority may terminate the Contract unilaterally by 10-day (ten-day) written notice

of the date of the notification under Clause 6.8., if the Contractor is:

9.3.1. in a procedure for liquidation or in a similar procedure under the national laws and by-laws;

9.3.2. in initiated bankruptcy proceedings or is declared bankrupt or is in a similar procedure under

national laws and by-laws, including the case when its activity is being administered by the court, or has

been ceased;

9.3.3. deprived of the right to exercise a certain activity under the law of the state in which the

offense was committed or national laws and by-laws.

X. FINAL PROVISIONS

10.1. All disputes arising between the parties out of or in relation to the performance of this Contract shall

be settled by negotiations, and if the parties fail to reach an agreement – by the competent court.

10.2. For all unsettled issues in this Contract the provisions of the effective Bulgarian legislation shall

apply.

10.3. All communications or notifications regarding the implementation of this Contract shall be made by

the parties in writing, by mail or by fax, and the date of registration with the registry office in the country

or the date of their receipt by fax shall be considered as the date of receipt. Communications or

notifications received after 16:30 o’clock local time or received on a non-working day shall be considered

received on the next working day.

10.4. Each party shall notify the other party in writing upon change of address or other registration data

within 5 (five) calendar days from the date of change.

10.5. The following Annexes shall form an integral part of this Contract:

Annex № 1 – Technical specifications;

Annex № 2 – Technical proposal for performance of the Contract, including "Detailed description of the

organization of work and methodology" and "Contract Master Schedule";

Annex № 3 – “List of persons directly involved in the implementation of the subject of the Contract”;

Annex № 4 – Advance payment bank guarantee.

This Contract has been composed and signed in two identical copies, one for each of the contracting

parties and shall enter into force on the date of its signature.

CONTRACTING AUTHORITY: CONTRACTOR:

............................. ............................ (signature and stamp)

Ivan Diaksov (name, family name)

BULATSA Deputy Director General, Operations position

15/15

Appendix № 4

Model under Art. 101f para 2.2 of PPA

DECLARATION

for absence of circumstances under Art. 47, para 5 of the Public Procurement Act (PPA)

(shall be submitted by the persons who represent the candidate/participant)

We, the undersigned ......................................................................................, with UCC

…………………..........................................., ID card №....................................., issued on

............................ by ..........................., in my capacity of ............................................... of the

candidate/participant ………………………………………, UIC ...…………….…,

......................................................................................, with UCC

…………………..........................................., ID card №....................................., issued on

............................ by ..........................., in my capacity of ............................................. of the

candidate/participant ………………………………………, UIC ...…………….…,

DECLARE THAT:

І. The persons under Art. 47, para 4 of PPA of the represented by me/us candidate/participant are not

related persons under § 1, item 23а of the Additional provisions of PPA with the Contracting Authority or

with senior officials in its organisation.

ІІ. The represented by me/us candidate/participant has not concluded contract with a person under Art. 21

or 22 of the Conflict of Interest Prevention and Ascertainment Act.

Information about public registers that include the circumstances stated in this declaration or competent

authority which, according to the legislation of the state where the candidate/participant is established, is

obliged to provide information about these circumstances officially to the Contracting Authority (to be

inserted in case of existence of such registers or competent authorities regarding the referred

circumstances):

………………………………………………………………………………………………………………

…………………………………………………………………………………………

I/we undertake, in case of change in the referred circumstances, to notify in writing the Contracting

Authority under the public procurement with the subject: „Consultancy services – GAP analysis of the

implementation of Commission Regulation (EU) 73/2010 for quality of aeronautical data” within 7

days after the occurrence of the respective change.

I am/We are aware that for false data in this declaration I am/we shall be subjected to criminal liability

under Art. 313 of the Criminal Code.

Date: ..................... Declarer/s: .............................

(signature/s)

……………………..