address: Lidosta “Rīga” 10/1, Mārupes novads, LV TRANSLATION APPROVED at the meeting of SJSC...
Transcript of address: Lidosta “Rīga” 10/1, Mārupes novads, LV TRANSLATION APPROVED at the meeting of SJSC...
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TRANSLATION
APPROVED
at the meeting of
SJSC Riga International Airport
Procurement Committee
28 October 2015,
Minutes No 150
SJSC RIGA INTERNATIONAL AIRPORT
TERMS OF REFERENCE
OF THE REQUEST FOR QUOTATION PROCEDURE
„ VISUAL FLIGHT INSPECTION”
(Identification No CA – 15/265)
1. DEFINITIONS OF THE TERMS USED IN THE TERMS OF REFERENCE
1.1. The following terms are used in the Terms of Reference (hereinafter referred to as –
“the Terms of Reference”) of the Request for Quotation procedure “Visual Flight
Inspection”:
1.1.1. The Committee – the Procurement Committee of SJSC Riga International
Airport authorised to arrange the open tender procedure;
1.1.2. The Request for Quotation - the request for quotation procedure „ Visual Flight
Inspection” (Identification No. CA-15/265);
1.1.3. The Client - – SJSC Riga International Airport, Reg. No 40003028055, registered
address: Lidosta “Rīga” 10/1, Mārupes novads, LV-1053, Latvia, website:
www.riga-airport.com;
1.1.4. The Applicant - a supplier submitting a tender proposal.
2. GENERAL PROVISIONS
2.1. The method of procurement is a request for quotation.
2.2. The subject of the procurement is the annual flight visual inspection of PAPI light system
in accordance with the requirements of the Technical Specification (Annex No 2 to the
Terms of Reference) and in accordance with the provisions of the Draft Contract (Annex
No 5).
2.3. The selection criterion is the proposal complying with the Terms of Reference of the
Request for Quotation procedure at the lowest price quoted.
2.4. The fulfilment term of the Contract - within 30 (thirty) calendar days following the
execution date of the contract.
2.5. The Applicant may submit only one version of the tender.
2.6. The tender submitted shall be valid and binding on the Applicant for one of the following
terms, whichever is the shortest:
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2.6.1. 90 (ninety) calendar days from the date of submission of the tender;
2.6.2. If the Committee has awarded the contract to the Applicant, until the signing date
of the procurement contract.
2.7. The Client will publish the Terms of Reference of the Request for Quotation, the
answers to the questions of potential Applicants and amendments on the Client’s
website: http://www.riga-airport.com. The Client shall not be held liable for the
tenders inadequately drawn up by the Applicants, should the Applicant fail to take
into account the amendments, answers and updates regarding the Terms of
Reference of the Request for Quotation published on the Client’s website www.riga-
airport.com.
2.8. Submission of a tender is a manifestation of the Applicant's free will, therefore, regardless
of the outcome of the Request for Quotation procedure, the Client shall not be held liable for the
costs incurred by the Applicant in the course of preparation and submission of the tender.
2.9. If the tender is submitted by a natural or legal suppliers’ association in any composition
(“the suppliers’ association”), a person who will represent the suppliers’ association in
the Request for Quotation procedure, as well as the share of each participant’s
responsibility should be indicated in the tender proposal.
2.10. In the event of attraction of subcontractors the Applicant shall indicate all such potential
subcontractors, the parts of the contract to be entrusted to them and the percentage of such
parts (%).
2.11. The Client’s contact person authorised to provide organisational information on the
Request for Quotation procedure is: Jānis Neibergs, Head of the Electric Maintenance
Unit, tel. 00371 67 207 822, e-mail: [email protected].
3. PLACE, DATE, TIME AND PROCEDURE OF SUBMISSION AND OPENING OF
THE TENDERS
3.1. The tenders shall be submitted before 22 October 2015, 10:00, at the Head Office of
Riga International Airport, Procurement Unit (Room 609) at working hours: 8:00 –
12:00 and 13:00 – 16:00. Upon receipt of the tender, the employee of the Procurement
Unit will register the date, time of submission, the Applicant’s name and the deliverer’s
name and surname.
3.2. The tenders may be submitted by hand or sent by post. The tenders sent by post shall be
delivered before the date and to the location indicated in Article 3.1 herein. The
Applicant personally assumes the risk of late delivery. If the tender is submitted by hand,
the Applicant's representative shall present an identity document: a passport or an
identity card.
3.3. If the tender is submitted after the specified closing time of submission, or if the tender
information is not arranged in such a way that it cannot be viewed before the official
opening of the tenders, it will be registered and sent back to the Applicant by post
unopened.
3.4. The tenders will be opened in the conference room on Floor 6 of the Head Office of
Riga International Airport on 22 October 2015, at 10:00.
3.5. The tenders will be opened in the order of their submission. The Committee will open
the tender and the Chairman will read the main data of the tender from the
documentation with the inscription “Original”: the name of the Applicant and the total
quoted price in EUR before VAT. The members of the Committee will sign the
original of the financial proposal.
3.6. At the Applicant’s request, the Committee within 3 (three) working days from the date
of receipt of the written request will send the Applicant a copy of the minutes of the
meeting for opening of the tenders.
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3.7. The Applicant may amend the submitted tender only before the closing time of
submission of the tenders.
3.8. The Committee will open the tenders in an open meeting, whereas examination of
arrangement of documents, the Applicants’ qualification documents, verification of the
conformity of technical proposals with the technical specification and assessment of
financial proposals will be performed by the Committee in a closed meeting.
4. ARRANGEMENT OF THE TENDER DOCUMENTATION
4.1. All the documents shall be submitted on paper in Latvian or English. Documents submitted
in other languages shall be supplied with the Latvian translation, certified in accordance with
RL Cabinet Regulation No 291 of 22 August 2000 “Procedures for the Certification of
Document Translations in the Official Language”.
4.2. The Applicant shall see to it that the tender documentation and its copies are safely packed
so that they cannot be accessed without damaging the packing.
4.3. The tender documentation shall be arranged in the following order:
4.3.1. Qualification documents supplied with a Letter of Application (Annex No 1);
4.3.2. Technical Proposal;
4.3.3. Financial Proposal.
4.4. The pages of each volume of the tender documentation shall be numbered, laced through,
with a sticker attached indicating the number of pages in digits and words, stamped and
signed by the Applicant’s signatory or by the Applicant’s authorised officer. Any
corrections made in the tender documentation shall be endorsed by the aforementioned
person.
4.5. The Applicant shall submit one original and two copies of the tender documents, one hard
copy and one digital copy (on a CD data carrier, charts in XLS format). The first page of
the original tender documentation package shall be inscribed “Original” and the first page
of the copy shall be inscribed “Copy”. In the event of any ambiguities, the documentation
inscribed "Original" shall prevail.
4.6. The tender original and representations shall be signed by the Applicant’s signatory or
his/her authorised person. If the Applicant is an association of suppliers, the original and
representations shall be signed by a signatory or his/her appropriately authorised
representative of each member of the suppliers’ association.
4.7. The copy and the original of the tender shall be put together in one envelope inscribed as
follows:
“Request for Quotation
“Visual Flight Inspection”
Do not open before 22 October 2015, 10:00;
The Applicant’s name, registered address “.
4.8. The Letter of Application (Annex No 1 hereto) shall be attached to the qualification
documentation.
4.9. Additions, corrections or revocations of the tender shall be submitted in writing in a closed
and sealed envelope by hand or by post at the Head Office of Riga International Airport,
floor 6, Procurement Unit (Room 609) before 22 October 2015, 10:00. The envelope
shall be inscribed as follows:
“Request for Quotation
“Visual Flight Inspection”
“Do not open before 22 October 2015, 10:00”;
The Applicant’s name, address and telephone number;
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(Additional inscription on the envelope) “ADDITION”, “CORRECTIONS”,
“REVOCATION”.
4.10. The revocation shall have an unconditional character and it shall exclude the Applicant
from further participation in the tender procedure.
4.11. Should any discrepancies be discovered between the original and the copies of the tender
submitted by the Applicant, the original of the tender shall prevail.
5. QUALIFICATION OF APPLICANTS
5.1.The criteria for qualification of Applicants are mandatory for all the Applicants who desire
to win the Tender and sign the procurement contract.
5.2.The Applicant shall conform to the following qualification criteria and shall submit the
below-mentioned documents:
QUALIFICATION CRITERIA OF THE
APPLICANTS
DOCUMENTS TO BE SUBMITTED
5.2.1. The Applicant is registered in the cases
and according to the procedure prescribed
by law.
The Client will ascertain on the website of the Republic
of Latvia Company Register (www.ur.gov.lv) that the
Applicant is registered in the cases and according to the
procedure prescribed by law.
Foreign Applicants shall submit a document issued by
an appropriate competent public institution confirming
that the Applicant has the legal capability and capacity
to sign the procurement contract.
5.2.2. The Applicant is not declared insolvent, its economic activities are not suspended or discontinued, and no legal proceedings have been initiated regarding its bankruptcy; it is not discovered that by the estimated term of fulfilment of the contract the Applicant will be liquidated;
A statement (the original or a copy certified by the
Applicant’s signatory or authorised representative)
from the Company Register of the Republic of Latvia
or from another competent public institution, issued no
earlier than 3 (three) months prior to submission of the
tender, confirming that the Applicant is not declared
insolvent, its economic activities are not suspended or
discontinued, and no legal proceedings have been
initiated regarding its bankruptcy; it is not discovered
that by the estimated term of fulfilment of the contract
the Applicant will be liquidated;
5.2.3. The Applicant’s officer who has signed
the tender documents has signatory
(representation) rights.
A valid statement (the original or a copy confirmed by
the Applicant’s signatory or authorised representative)
from the Company Register of the Republic of Latvia
on the Applicant’s signatories, or from a competent
public institution of the relevant foreign country, if that
country’s legislation provides for a public register of
such data, issued not earlier than 3 (three) months prior
to submission of the tender, confirming the signatory
(representation) rights of the Applicant.
A power of attorney issued by the Applicant’s signatory
authorising another person to sign the tender and the
contract, should this person be appointed to sign the
contract.
5.2.4. The Applicant in Latvia or in the country
of its registration or permanent residence
(if not registered or permanently residing
in Latvia) has no tax debt, including
obligatory social security payment
liabilities, in total exceeding the
1. The Client will check in the database of the RL State
Revenue Service
(http://www.vid.gov.lv/VID_PDB/NPAR) to ascertain
that the Applicant (irrespective whether registered or
permanently residing in Latvia) has no tax debt in
Latvia, including obligatory social security payment
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equivalent of EUR 150 (one hundred and
fifty euros) in every country.
liabilities, in total exceeding the equivalent of EUR 150
(one hundred and fifty euros).
2. If at the moment of checking a tax or social security
payment debt is discovered, the Client will request the
Applicant to submit a statement or another document
certifying that the Applicant has no tax debt, including
obligatory social security payment liabilities. The
Client will accept and recognize only such a statement
or another document that contains the more recent
information than that obtained by the Client in the
database.
The Applicant registered or permanently residing
in a foreign country shall submit a statement of a
competent foreign institution (the original or a copy
confirmed by the Applicant’s signatory or authorised
representative) issued not earlier than 3 (three)
months prior to submission of the tender, certifying
that the Applicant in the respective country has no
tax debt, including social security payment
liabilities, in total exceeding the equivalent of EUR
150 (one hundred and fifty euros).
5.2.5. The Applicant or the person having the
Applicant’s representation rights or
decision-making or supervisory rights in
respect of the Applicant has not been
found guilty by a court ruling or the
prosecutor’s injunction that has entered
into force and become indisputable and
from the day of its becoming indisputable
until the submission day of the tender
three years have elapsed, of complicity in
criminal corruptive activities, financial
fraud, money laundering or a criminal
organisation.
The Applicant’s written statement (see annex No 4).
5.2.6. The Applicant has not been found guilty
by the decision of a competent institution
or a court ruling that has come into effect
and become indisputable, of the breach of
the competition law in the form of a
vertical agreement restricting the buyer’s
ability to determine a reselling price or of
a horizontal cartel agreement, except the
case when the appropriate institution has
discovered the breach of the competition
law and released the Applicant from
penalty payment.
The Applicant’s written statement (see annex No 4).
5.2.7. The Applicant has not been found guilty
by the decision of a competent institution
or a court ruling that has come into effect
and become indisputable, of material
breaching the labour law by employing
one person without a written employment
contract if discovered repeatedly in the
course of a year, or by simultaneously
employing two or more persons without a
written employment contract.
The Applicant’s written statement (see annex No 4).
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5.3.The qualification documents must be submitted complete with the Application Letter, a
specimen of which is provided in Annex No1 hereto.
5.4. If the Applicant is a group of suppliers or a partnership of suppliers, the Applicant shall
submit the documents described in Articles 5.2.1 – 5.2.7 on each person included in the
group or the partnership, indicating which participant is responsible to represent the group
of suppliers in submission of the tender and signing of the procurement contract as well as
what share of the procurement contract will be taken by each participant of the partnership.
If the group of persons is not duly registered in accordance with the laws and regulations of
the RL, and if it is intended to be registered solely for fulfilment of this procurement
contract, the qualification documents shall be supplemented with the agreement of the group
members on the registration of the group for fulfilment of this procurement contract, if the
Applicant is awarded the contract.
5.5.If the Applicant intends to engage subcontractors, on whose potential the Applicant relies
to prove the relevance of its qualifications, the Applicant shall submit the documents
described in Articles 5.2.1 – 5.2.7 on each subcontractor engaged for this purpose, and the
specified share or role assigned to each subcontractor as well as the scope thereof, and a
written statement signed by the engaged subcontractor containing the agreement and
commitment to fulfil its share of the contract.
5.6.If the Applicant depends on the subcontractor’s potential to fulfil the qualification
requirements set out in Sub-article 5.2.8 herein, such subcontractors shall be engaged by the
Applicant for fulfilment of the respective part of the contract in conformity with the
distribution of contract shares or roles and their scope indicated in the tender proposal. The
Applicant may engage for fulfilment of the contract those subcontractors on whom the
Applicant has submitted the documents specified hereunder and whose qualifications
correspond to the Terms of Reference according to the contract shares, roles and scope
assigned to the subcontractors. Upon signing of the contract, the Applicant may change the
subcontractors of whom the Applicant has informed the Client, on whose potential it has
relied to certify that their qualifications comply with the Terms of Reference and/or whom
it has planned to engage in fulfilment of the contract or to engage other subcontractors only
subject to the Client’s written consent. The Client will give such consent to change the
person on whose potential the Applicant relies to comply with the qualification requirements
only if the proposed subcontractor complies with the provisions of Sub-articles 5.2.1 – 5.2.7
of the Terms of Reference.
5.7.Foreign Applicants may submit different documents from those specified in Articles 5.2.1,
5.2.2, 5.2.3 containing the information required thereunder, if such documents have been
issued by the institutions, bodies or persons authorised to do so under the legislation of the
Applicant’s country of registration, duly indicating the legal basis thereof in the specific
country. If the laws of the Applicant’s country of registration do not provide for the issuance
of any of the documents specified in Articles 5.2.1, 5.2.2, 5.2.3, the Applicant shall submit
a statement or an explanation when submitting the information required in Articles 5.2.1,
5.2.2, 5.2.3. herein.
5.8.If the Committee has doubts about the authenticity of the document copies presented by the
Applicant, the Committee may request the Applicant to submit the copies prepared in
accordance with the Republic of Latvia Cabinet Regulation No 916 of 28 September 2010
“The Rules of Drafting and Arrangement of Documents”, or to show the originals of the
documents.
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6. INSTRUCTIONS REGARDING TECHNICAL PROPOSAL
6.1. The Technical Proposal shall be presented by the Applicant, by signing the Technical
Specification (Annex No 2) herein, certifying that the works will be accomplished in accordance
with the requirements set out in the Technical Specification, and in addition submitting the
following:
6.1.1. The statement certifying that the Applicant possesses all the necessary
equipment for accomplishing the above mentioned works;
6.1.2. The Applicant’s description and schedule of accomplishing the works set out in
the Technical Specification.
6.2. The Technical Proposal shall be signed by the Applicant’s officer with signatory rights
or another duly authorised person.
7. INSTRUCTIONS REGARDING FINANCIAL PROPOSAL
7.1. The Applicant shall draw up the Financial Proposal according to the Financial Proposal
Form (Annex No 3) attached herein, by completing the form.
7.2. The Applicant shall include in the quoted prices all taxes and dues and other charges
(transport costs, extra working hour costs, in case of corrections on the ground for the airport
personnel) binding on the Applicant, for the entire scope of the procurement object in
accordance with the Terms of Reference;
7.3. The prices quoted by the Applicant in the Financial Proposal shall be fixed for the entire
term of the contract and they may not be subject to any subsequent recalculations, except as
provided in the contract.
7.4. The price shall be quoted in EUR and rounded to 2 (two) digits behind the decimal point.
7.5. The Financial Proposal shall be signed by the Applicant’s signatory or another authorised
person.
8. INSPECTION OF THE ARRANGEMENT AND VALIDITY TERM OF THE TENDER
DOCUMENTATION 8.1. Prior to compliance assessment of the tenders, the Committee will inspect the arrangement
of the tenders submitted by the Applicants and their validity term. In the event of drawbacks
discovered in the arrangement of the tender, the Committee will assess their essentiality and
decide about their further consideration. The tender submitted by the Applicant will not be
considered if the Committee discovers the following:
8.1.1. The tender is not signed according to the Terms of Reference;
8.1.2. The validity term of the Tender does not correspond to the one specified in Article
2.6. herein;
8.1.3. The Applicant has submitted several versions of the tender in breach of Article
2.5.herein.
9. ASSESSMENT OF THE APPLICANTS’ QUALIFICATIONS
9.1. The Committee will proceed to inspect the Applicants’ qualifications.
9.2. The Applicant shall be excluded from further participation in the Request for Quotation
procedure and its tender shall not be considered if the Committee discovers the following:
9.2.1. The Applicant does not comply with any of the provisions under Article 5 of the
Terms of Reference;
9.2.2. The Applicant has submitted untrue information for assessment of its
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qualifications or has not submitted the requested information at all, including the
specified information requested by the Committee in the term set by the Committee.
9.3. If the Applicant is an association of suppliers, the Applicant may be excluded from further
participation in the Tender procedure if the Committee discovers that any of the exclusion
conditions defined in Article 9.2 herein is true concerning any of the persons belonging to
the association.
9.4.If the Applicant engages subcontractors, the Applicant may be excluded from further
participation in the Tender procedure if the Committee discovers that any of the exclusion
conditions defined in Article 9.2 herein is true concerning any of the subcontractors on
whose potential the Applicant relies to confirm the compliance of its qualifications.
9.5. Prior to exclusion of the Applicant, the sub-contractors engaged by it, or the participants of
the suppliers’ association from further participation in the tender procedure, the Committee
shall assess the materiality of the drawbacks in the documentation and their impact on the
possibility to assess the Applicant’s compliance with the qualification requirements.
10. INSPECTION OF THE COMPLIANCE OF THE APPLICANTS’ TECHNICAL
PROPOSALS
10.1. After inspection of the Applicant’s qualifications, the Committee shall proceed to examine
the compliance of the Applicants who have passed the assessment of qualifications to the
requirements of the Technical Specification.
10.2. The Applicant’s tender may be excluded from further participation in the Tender procedure
and shall not be considered if the Committee discovers that the documents of the Technical
Proposal have not been submitted or such documents, or their content do not comply with the
requirements of Article 6 of the Terms of Reference and/ or the Technical Specification;
10.3. If the Technical Proposal complies with the requirements of the Terms of Reference of the
Request for Quotation procedure and the Technical Specification, the Committee shall proceed
to examine the Applicant’s Financial Proposal.
11. EVALUATION OF FINANCIAL PROPOSALS
11.1. The Committee shall assess the submitted financial proposals by comparing the prices
quoted in the financial proposals.
11.2. Initially, the Committee will check the calculation errors in the Applicants’ quotations.
11.3. The discovered errors will be corrected by the Committee.
11.4. The Committee will inform all the Applicants together of its correction of errors by
indicating the specific tender documentation, in which the corrections have been made.
11.5. In assessment of the financial proposal with calculation errors, the Committee will take
into account the corrections.
11.6. The Committee will check if an Applicant has not quoted an unreasonably low price. If
the tender is discovered to be unreasonably cheap, it will be rejected. Prior to rejecting
of such a tender, the Committee will request the Applicant in writing to explain in detail
relevant conditions of implementation of the tender.
11.7. Upon assessment of the financial proposals, The Committee will proceed to compare the
prices quoted in the financial proposals complying with the Terms of Reference.
11.8. Upon selection of the tenders with the lowest price quoted the Committee will take one
of the following decisions:
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11.8.1. to award the contract to the Applicant whose tender answers the Terms of Reference
and whose quoted price is the lowest;
11.8.2. to close the Request for Quotation procedure without selecting any of the tenders, if
such tenders have not been submitted or if the submitted tenders do not comply with
the Terms of Reference, or if the quoted price exceed the budget of SJSC Riga
International Airport, or for other valid reasons.
12. SELECTION OF THE SUPPLIER AND CONCLUSION OF THE CONTRACT
12.1. The Committee will award the contract to the Applicant whose tender complies with the
Terms of Reference and whose quoted price is the lowest.
12.2. The Committee will inform the Applicants of the results of the Request for Quotation
procedure in writing within 5 (five) working days following the Client’s decision date
regarding the Tender results.
12.3. The announcement of the decision will serve as the basis for contractual negotiations
and subsequent signing of the contract with the selected Applicant.
13. RIGHTS AND OBLIGATIONS OF THE COMMITTEE
13.1. Rights of the Committee:
13.1.1. to make a written request to the Applicant to specify the submitted information
and to provide detailed explanations;
13.1.2. to verify the truthfulness of all the data submitted by the Applicant;
13.1.3. to invite experts to work in the Committee in advisory capacity;
13.1.4. at the meeting for opening of tenders in the presence of the Applicants’
representatives to lace through the package of the original documents, if submitted in
loose sheets by the Applicant; in such a case the Committee is not responsible for the
composition of the submitted documents;
13.1.5. to request the Applicant to submit the information on the pricing mechanism;
13.1.6. to decline a tender with an unreasonably low price quoted;
13.1.7. to make a written request to the Applicants to extend the validity term of the
tenders;
13.1.8. to carry out other activities in accordance with the laws and the Terms of
Reference of the Request for Quotation procedure;
13.1.9. The Client may make changes to the Terms of Reference of the Request for
Quotation procedure by publishing the notice of such changes on the Client’s website not
later than 6 (six) days prior to the closing date of submission of the tenders. If it is
necessary to make changes at a later date, the term of submission of the tenders will be
extended;
13.1.10. The Client bears no responsibility for the Applicants’ insufficiently prepared
tenders, if the Applicant has not taken into account the changes made to the Terms of
Reference of the Request for Quotation procedure and the Client’s answers to the
questions of potential applicants published on the Client’s website: www.riga-
airport.com;
13.1.11. The Client reserves the right to accept or decline any tender, to discontinue the
open tender procedure and decline all the tenders at any time prior to awarding of the
contract, without assuming any responsibility for the respective Applicant or Applicants
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as well as any duty to inform the respective Applicant or Applicants of the reasons of the
Client’s actions unless otherwise provided in the effective laws and regulations of the
Republic of Latvia.
13.2. Obligations of the Committee:
13.2.1. to review the Applicants’ tenders submitted within the time specified for
submission of the tenders;
13.2.2. to make a decision on the Request for Quotation results and to submit it for approval
to the Client.
14. THE APPLICANT’S RIGHTS AND OBLIGATIONS 14.1. The Applicant’s rights:
14.1.1. The Applicant may make a timely written request to the Committee for
additional information regarding the Terms of Reference;
14.1.2. The Applicant may extend the validity term of the tender.
14.2. The Applicant’s obligations:
14.2.1. In the term indicated by the Committee to supply in writing the answers and
explanations regarding the tender to the questions asked by the Committee;
14.2.2. Each Applicant by submitting its tender undertakes to observe all the provisions
of the Terms of Reference as the basis for fulfilment of the procurement;
14.2.3. The Applicant shall individually assume the risk for preparation of the tender in
conformity with the Terms of Reference of the Request for Quotation procedure and
with such additional information as may be published on the Client’s website.
15. OTHER PROVISIONS
15.1. The Committee and the Applicant shall exchange information in writing. The information
that is presented orally is not binding for the purposes of the procurement procedure.
15.2.All costs of compilation and submission of the tender documentation shall be covered by
the Applicant.
15.3. The Terms of Reference of the Request for Quotation procedure are supplemented with
the following annexes:
15.3.1. Annex No 1 – Letter of Application form;
15.3.2. Annex No 2 – Technical Specification;
15.3.3. Annex No 3 – Financial Proposal form;
15.3.4. Annex No 4 – Statement on compliance;
15.3.5. Annex No 5 – Draft contract.
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Annex No1
LETTER OF APPLICATION FORM
Note: The Applicant for the Request for Quotation procedure must fill in the blanks in this form.
Procurement: „ Visual Flight Inspection”
TO: SJSC RIGA INTERNATIONAL AIRPORT
In accordance with the rules of the Request for Quotation procedure, we, the undersigned,
hereby confirm our agreement to the provisions of the Terms of Reference of the Request for
Quotation procedure. We hereby offer to perform visual flight inspection at SJSC Riga
International Airport in accordance with the Terms of Reference of the Request for Quotation
procedure for the total amount of:
Total amount of the tender in words_____________________________________ EUR (before
VAT).
1. If the Applicant is an association of suppliers:
1.1. A person representing the association of suppliers in the Request for Quotation
procedure:
__________________________________________________________________________;
1.2. The share of each person’s responsibility: _____________________________________
2. We hereby certify that the documents attached hereto represent this tender.
3. We hereby confirm that our offer is valid for 90 (ninety) calendar days following the
opening date of the tender documents.
4. We agree to the Terms of Reference of the Request for Quotation procedure and of the
attached draft contract.
5. We hereby certify that we are not interested in any other proposal submitted under this
tender procedure.
6. We confirm that this tender was drawn up and submitted independently of competitors*
and without any consultations, contracts or agreements or any other communication with
competitors*.
7. We confirm that <tenderer’s name> had no communication with competitors* as to the
prices, price calculation methods, factors (circumstances) or formulas as well as
competitors’* intention or decision to participate or not to participate in the procurement
or submission of tenders which do not meet the requirements of the procurement or as to
the quality, volume, specification, performance, delivery and other terms to be handled
independently of competitors*, the products or services relating to this procurement.
8. We confirm that <tenderer’s name> has not disclosed or shall not disclose intentionally,
directly or indirectly conditions of the tender to any competitor* before the official tender
opening date and time or awarding the right to enter into the contract.
9. Information on the Applicant:
9.1. Applicant’s title: _____________________________
9.2. Registered: with No_______________
9.3. Taxpayer’s registration No: ___________________
9.4. Registered address: ___________________________________
9.5. Office address: ______________________________________
9.6. Contact person: ____________________________________ (Name, surname, position)
9.7. Telephone No:__________________________________________
9.8. Fax No: ____________________________________________
9.9. E-mail address: _____________________________________
9.10. Bank: ___________________________________________
9.11. Code: ____________________________________________
12
9.12. Account: ___________________________________________
I hereby assume full liability for the contents of the documentation submitted for the Request
for Quotation procedure, information contained herein, arrangement of documents and
compliance with the Terms of Reference of the Request for Quotation Procedure and the
Technical specification. The data and information submitted are true and fair.
The submitted document package consists of ____________(__________) pages.
Signature: __________________
Name, surname: ___________________
Position: ___________________
The Letter of Application drawn up and signed on ___ _______________ 2015.
(Seal)
* Competitor - any natural or legal person who is not the Applicant, but who submits a tender
for the Procurement or who, taking into account his or her qualifications, abilities or
experience, as well as goods or services offered, may submit a tender.
13
Annex No 2
Visual Flight Inspection
Task of procurement "Visual flight inspection"
1. Perform an annual visual flight inspection for PAPI light system for runways 18 and
36 in accordance with Airport Services Manual (Doc 9137), Part 9. Chapter 2.5.5.
2. Perform visual flight inspection for general condition of the whole approach and
runway lighting systems for runways 18 and 36.
14
Annex No3
Visual Flight Inspection
FINANCIAL PROPOSAL
Client: SJSC Riga International Airport
Procurement title: Visual Flight Inspection , ID No CA-15/265
Applicant: _____________________________ Reg. No_______________________ (Company title)
In accordance with the Terms of reference of the Request for quotation procedure we, the
undersigned, hereby offer to perform the visual flight inspection
for the total amount:
No
Total price EUR
(before VAT)
1. Visual flight inspection
2. Travel expenses
Additional per-hour expenses if corrections
should be made for the airport personnel on
the ground
3. Other expenses
Total amount (before VAT):
VAT 21 %:
Total price (after VAT):
Total quoted amount (before VAT) EUR_________________, in words
(____________________________) (EUR)
The Financial Proposal covers all the costs required for fulfilment of all the works specified in
the Technical Specification.
We hereby confirm and warrant that the submitted data herein are true and accurate and comply
with the Technical Specification of the Request for Quotation procedure „ Visual Flight
Inspection”.
Signature of the authorized person and the seal of the company:_______________
Signatory’s name, surname and position ________________________________
Date: ___________________
15
A n n e x 4
S T A T E M E N T
(on compliance with the qualification requirements set out in Sub-articles 5.2.5, 5.2.6
and 5.2.7. of the Terms of Reference)
_____________(Applicant’s name*) hereby certifies that the exclusion conditions specified in
Section 42, Paragraph 1 of Law On the Procurement of Public Service Providers are not
applicable to the Applicant because:
1) the Applicant* or the person having the Applicant’s* representation rights, or decision-
making, or supervisory rights in respect of the Applicant has not been found guilty by a court
ruling, or the prosecutor’s injunction that has entered into force and become indisputable, and
since its entry into force three years have elapsed, of complicity in criminal corruptive activities,
financial fraud, money laundering or criminal organisation;
2) the Applicant* has not been found guilty by the decision of a competent institution or a court
ruling that has come into effect and become indisputable, and since its entry into force twelve
months have elapsed, of the breach of the competition law in the form of a vertical agreement
restricting the buyer’s ability to determine a reselling price or of a horizontal cartel agreement,
except the case when the appropriate institution has discovered the breach of the competition
law and released the Applicant* from penalty payment;
3) The Applicant over the last 18 (eighteen) months until the submission date of the tender has
not been punished, either in Latvia or abroad, of material breaching the labour law by
employing one person without a written employment contract if discovered repeatedly in the
course of a year, or by simultaneously employing two or more persons without a written
employment contract.
* “Applicant” means a candidate or a tenderer, or a participant of a suppliers’ (persons’)
association, or a subcontractor, depending on who submits the Statement.
Signature:
Name, surname:
Position:
The Statement drawn up and signed on 2015
(Seal)
16
Annex No 5
DRAFT
Contract No ____________
Mārupes novads, _____ ____________2015
SJSC Riga International Airport, Registration No 40003028055, hereinafter – “the
CLIENT”, represented by its Chairman of the Board Andris Liepiņš and member of the Board
Ilmārs Upenieks, acting on the basis of the board authorisation (SJSC Riga International Airport
Board decision of __ __________ 2015, Minutes of the board meeting No __), of the one part,
and
< >, Registration No < >, hereinafter – “the SUPPLIER”, represented by its < > < >, acting on
the basis of the Articles of Association, of the other part, both jointly referred to as “the
PARTIES” and each separately - as “the PARTY”,
based on:
- the results of the request for quotation procedure “VISUAL FLIGHT INSPECTION”
(Identification No CA-15/265)” (“the Tender”), expressing their will, not falling under the
pressure of deceit, fallacy or duress, have concluded the following contract, hereinafter –
“the Contract”:
1. SUBJECT OF THE CONTRACT
1.1. The CLIENT orders and the SUPPLIER in accordance with the Technical Specification
(Annex No 1), the SUPPLIER’s Technical Proposal and the Financial Proposal (Annex No 2),
submitted for the Request for Quotation procedure undertakes with its own effort, materials and
equipment to perform the visual flight inspection (“the Works”), whereas the CLIENT
undertakes to accept the Works from the SUPPLIER and to pay for the works in conformity
with the terms of the Contract.
1.2. The SUPPLIER undertakes to commence the Works specified in Clause 1.1 herein within
2 (two) working days following the signing date of the Contract and receipt of the passes and
to accomplish the Works within 7 (seven) days from the commencement date of the Works.
1.3. The SUPPLIER shall carry out the Works specified in Clause 1.1 herein at the CLIENT’s
address: Lidosta “Rīga” 10/1, Mārupes novads, Latvia, LV-01053. By signing the Contract, the
SUPPLIER certifies that it is familiar with the location and conditions of performance of the
Works, knows them and has no objections to them.
2. CONTRACT AMOUNT AND PAYMENT PROCEDURE
2.1. The CLIENT undertakes to pay the SUPPLIER for fulfilment of Clause 1.1 of the Contract
EUR< > (amount in words), before Value Added Tax (“VAT”). The VAT amount shall be
calculated and quoted in the SUPPLIER’s invoice at the rate specified in the effective laws and
regulations of Latvia.
2.2. The CLIENT shall pay for the Works within 30 (thirty) calendar days after the mutual
signing of the Delivery-acceptance certificate of the Works and receipt of the SUPPLIER’s
invoice. /If the SUPPLIER requires it, the CLIENT will pay the advance amount of 20% of the
total Contract amount./
2.3. The settlement under the Contract shall be made by crediting the amount to the bank
account indicated in the SUPPLIER’s invoice. The payment is shall be deemed executed when
17
the bank receives a payment order for paying the specified amount into the account indicated
in the SUPPLIER’s invoice.
2.4. As a sufficient proof of making the respective payment under the Contract the payment
order will be accepted with the bank’s note of transfer of the respective amount to the account
indicated in the SUPPLIER’s invoice.
2.5. The prices of the Works indicated in the SUPPLIER’s Technical and Financial Proposal
(Annex 2) shall cover all the SUPPLIER’s expenses related to fulfilment of the undertakings
set out in the Contract in good quality, including the materials, equipment, for performance of
the Works, travel expenses, etc. The prices of the Works specified in the SUPPLIER’s Financial
Proposal (Annex 2) and the total contract amount may not be changed throughout the entire
term of the Contract.
2.6. The SUPPLIER shall undertake the risk, i.e. shall not demand additional payment from the
CLIENT, if in the course of Contract fulfilment calculation errors are discovered in the
SUPPLIER’s Financial Proposal or if it is discovered that the SUPPLIER has not quoted the
price covering the entire scope of the Contract Works (such as, the SUPPLIER has
miscalculated the costs, scope and price of accomplishment of the Works in conformity with
the Contract).
3. LIABILITIES AND OBLIGATIONS OF THE PARTIES
3.1. The SUPPLIER hereby undertakes:
3.1.1. to accomplish the works specified herein within 30 (thirty) calendar days from the
coming into effect of the Contract;
3.1.2. not to disclose the information obtained in the course of fulfilment of the Works to third
parties without the CLIENT’s prior written consent;
3.1.3. to ensure that in the Works and in fulfilment of warranty obligations sufficiently
qualified specialists are engaged and that the number of such specialists is adequate to
accomplish the contractual Works in the agreed term, scope and quality;
3.1.4. to ensure the compliance of the quality of the Works with the requirements of the
Contract and the Technical specification (Annex 1 to the Contract), and the CLIENT’s
instructions;
3.1.5. to ensure fulfilment of the Contract with its own workforce, good quality materials,
equipment, appliances, software required for fulfilment of the Contract and correction of
drawbacks;
3.1.6. in the CLIENT’s territory and buildings to observe the CLIENT’s rules of procedure,
security, pass regime, labour safety, environment protection and fire safety rules as well as to
keep the place of the Works at the time of their execution clean and tidy;
3.1.7. while carrying out the Works, to observe the Latvian laws and regulations pertaining to
the specific industry;
3.1.8. while organizing and carrying out the works, to promptly fulfil the instructions (if any)
of the director of the Infrastructure Maintenance and Development Department and the head
of the Electrical Maintenance Unit;
3.1.9. to answer for all the damage in the course of the Works caused to the CLIENT or third
parties and to indemnify the CLIENT and the third parties for the damage caused due to the
SUPPLIER’s fault;
3.1.10. within 2 (two) working days following the signing date of the Contract, to submit to
the CLIENT the list of persons to be engaged in the fulfilment of the Contract indicating the
name, surname, identity number and position of every person. The SUPPLIER will perform
the Works in the Airport airside, where the persons are allowed to stay and work subject to
compliance with the Airport’s security requirements and the special pass regime. In view of
the abovementioned, prior to starting the Works, the CLIENT will provide the necessary
passes to the SUPPLIER’s personnel for a charge. The SUPPLIER shall pay for the
18
aforementioned services according to the pricelist of SJSC Riga International Airport. The
SUPPLIER shall also pay a security deposit for the passes to be refunded to the SUPPLIER
upon accomplishment of the Contract and returning of the passes to the CLIENT;
3.1.11. The SUPPLIER shall ensure that the personnel to be engaged in fulfilment of the
Contract have no criminal record neither in the country of their residence nor in other
countries where they have stayed for the period exceeding 6 months and that the SUPPLIER’s
personnel in their country of residence are not registered with psychiatric and narcological
institutions. The SUPPLIER shall carry out the necessary security checks and at the
CLIENT’s request shall provide appropriate references. The CLIENT may deny access to the
Works to certain employees of the SUPPLIER for security reasons.
3.2. The SUPPLIER has the following rights:
3.2.1.
4. LIABILITY OF THE PARTIES
4.1. The Parties are held liable for fulfilment of the Contract. The Party failing to observe the
provisions of the Contract shall indemnify the other Party for the direct loss incurred by the
latter due to such failure.
4.2. For the unjustified delay of delivery and fulfilment of the Works specified in Sub-clause
1.2, and for the failure to observe the terms of response and correction of defects set in Sub-
clause 5.5 herein, the CLIENT is entitled to charge and the SUPPLIER is obliged in accordance
with the invoice presented by the CLIENT to pay the CLIENT a contractual fine for each day
of delay in the amount of 0.5% of the total Contract amount specified in Sub-clause 2.1 herein,
but not exceeding 10% of the total Contract amount.
4.3. For the unjustified failure to observe the payment term specified in Sub-clause 2.2 herein
the CLIENT is entitled to charge and the SUPPLIER is obliged in accordance with the invoice
presented by the CLIENT to pay the CLIENT a contractual fine for each day of delay in the
amount of 0.5% of the outstanding sum, but not exceeding 10% of the total Contract amount.
4.4. If the CLIENT has charged any of the contractual fines specified herein, the CLIENT is
entitled, upon payment of the SUPPLIER’s invoices, to deduct the contractual fine.
5.
6. FORCE MAJEURE
6.1. The Parties shall be released from the liability for full or partial default on their contractual
obligations if such default has been caused by an event of force majeure nature that the
respective Party could not foresee and avert. The following events shall be deemed force
majeure: wars, natural disasters, general strikes.
6.2.The Party referring to a force majeure event shall notify the other Party thereof in writing
at its earliest opportunity, but not later than within 14 (fourteen) days. If such a notification
is not sent, the Party failing to send it shall be held liable for all the losses incurred by the
other Party.
6.3. If the force majeure circumstances continue for a period exceeding 45 (forty five) days,
each of the Parties may unilaterally withdraw from and terminate the Contract. In such an
event neither Party shall be held liable for the losses incurred by the other Party during the
period after setting in of the force majeure circumstances.
7. DURATION AND CONDITIONS OF THE CONTRACT
19
7.1. The Contract shall enter into force on its mutual signing date (and its registration by the
CLIENT) and shall remain in force until fulfilment of all obligations by the Parties.
7.2. The Contract shall be deemed fulfilled when the Parties have fulfilled all their obligations
hereunder.
7.3. The Contract may be supplemented, amended or cancelled by mutual agreement of the
Parties. Substantial amendments to the contract are not allowed. All amendments and
additions to the Contract shall be drawn up in writing and constitute an integral part of the
Contract.
7.4. The CLIENT may unilaterally withdraw from the Contract at a 5 (five) working days’
written notice to the SUPPLIER, if the latter in the course of 10 (ten) days from the term
set in Clause 1.2 has failed to deliver the Equipment or if the CLIENT has discovered that
the SUPPLIER delivers the Equipment in breach of the Technical Specification, the
SUPPLIER’S proposal and the provisions of this Contract. The CLIENT shall not
indemnify the SUPPLIER for the losses thus incurred by the latter. The SUPPLIER within
3 (three) working days following receipt of a written notice shall reimburse the advance
amount specified in Clause 2.2 of the Contract and received from the CLIENT.
8. PROCEDURE OF SETTLEMENT OF DISPUTES
8.1. All disputes arising between the Parties shall be settled by mutual negotiations. If the
Parties fail to reach an agreement, the dispute shall be referred to the courts of law and
resolved in accordance with the laws and regulations of the Republic of Latvia. Legal
proceedings shall take place in the Republic of Latvia
9. FINAL PROVISIONS
9.1. The Parties undertake not to disclose the confidential information, defined as such in the
effective laws and regulations of Latvia or by the Parties themselves, obtained by them in
the course of fulfilment of the Contract to third parties without a written consent of the other
Party, except as required according to the procedure set out in the laws and regulations by
the authorities of the Republic of Latvia who have the legal right to do so. This provision
shall remain in force for 3 (three) years following the mutual signing date of the delivery-
acceptance certificates of the Equipment and the Works.
9.2. This Contract is binding on the Parties and their legal successors. The Parties may not fully
or partially transfer their liabilities, rights or obligations hereunder to third parties without
the other Party’s written consent.
9.3. In order to arrange for the cooperation of the Parties and fulfilment of the Contract, the
Parties shall appoint persons responsible for fulfilment of the Contract:
9.3.1. The CLIENT’s contact person responsible during the term of Contract - for
organisational matters: ____________________, phone:_____________; e-pasts:
_______;
9.3.2. The SUPPLIER’s responsible person for fulfilment of the Contract:
tel.:_________, GSM:___________________, e-mail address__________________.
9.4. All the notifications, notices, correspondence, approvals and other information arising from
the Contract shall be made in writing in the Latvian language.
9.5. Should either of the Parties change its registered address and/or banking details, it shall
inform the other Party thereof not later than within 5 (five) calendar days following the
20
registration of such changes. If the Party’s responsible person has been replaced, the Party
shall inform the other Party in writing at least 3 (three) calendar days prior to such
replacement. The culpable Party shall be held liable for the loss incurred due to its failure to
report such changes appropriately and in due time.
9.6. If any of the provisions of the Contract becomes invalid, it shall not affect the validity of
rest of the Contract.
9.7. In the matters not provided for hereunder the Parties shall observe the provisions of the
effective laws and regulations of Latvia.
9.8. The Contract is drawn up in Latvian, in 2 (two) counterparts, one held by the CLIENT, the
other – by the SUPPLIER. Both counterparts of the Contract have equal legal force.
9.9. As integral parts of the Contract the following annexes are attached:
9.9.1. Annex No 1 - Technical Specification on __pp;
9.9.2. Annex No 2 – a copy of the Technical Proposal on____pp;
9.9.3. Annex No 3 – a copy of the Financial Proposal on __pp;
10. PARTICULARS AND SIGNATURES OF THE PARTIES The CLIENT:
SJSC Riga International Airport
Mārupes novads, Lidosta “Rīga” 10/1
Tel., fax: 67 207 535, 67 211 767
Reg. No 40003028055
VAT payer’s No LV40003028055
AS “Swedbank”
Account No LV79HABA0001407030168
Code: HABALV22
The SUPPLIER:
Title
Address:
VAT payer’s No
Bank:
Account:
Code:
…………………………../ /
Chairman of the Board
…………………………. /___________/
Seal
…………………….. / /
Seal