QUESTIONS & ANSWERS


Question:


Following the procurement notices for the projects in subject, we are kindly asking you to provide with clarification on the following:

1. Which way the non-native consultants and their personnel can cover the requirements of licenses mentioned in the selection criteria paragraphs 21.2.2, 21.2.3 and 21.3.2. Can similar Design Licenses from other countries be used?

2. Given the restriction of paragraph 24 for submitting the application "…using the standard application form, the format and instructions of which must be strictly observed…. Any additional documentation (brochure, letter, etc) sent with the application will NOT be taken into consideration." In which way the applicants will prove that requirements of paragraph 21 (specifically points 21.2.1, 21.2.2, 21.2.3 and 21.3.2.) are fulfilled?

Answer:


In regards of published procurement notices EuropeAid/130903/D/SER/RS and EuropeAid/130904/D/SER/RS, we received inquiries about the following:

1. Which way the non-native consultants and their personnel can cover the requirements of licenses mentioned in the selection criteria paragraphs 21.2.2, 21.2.3 and 21.3.2.?

The Republic of Serbia regulates this question by two legal documents:

The "Decision on conditions and procedures for determining compliance of licenses issued by other countries with the rules of the Serbian Chamber of Engineers" and by the "Amending Decision on conditions and procedures for determining compliance of licenses issued by other countries with the rules of the Serbian Chamber of Engineers" (attached).

In our opinion the most important sections/articles of the above documents are as follows:

Article 1.

"This Decision establishes the conditions and procedures for determining compliance of licenses issued by other countries with the rules of the Serbian Chamber of Engineers (hereinafter: the Chamber), subject to reciprocity."

"This Decision does not apply in the case of the other Serbian Chamber of Engineers and Chamber of the other country signed an agreement on mutual recognition of licenses issued."

Article 3.

"An entity interested in determining the compliance of a license, i.e. the equivalence of a public document that has been issued in another country, is obliged to pass the professional examination on Serbian language, which consists of a general part presented by the authorized committee in the Republic of Serbia. "

Article 4.

"The entity interested in assessment of the compliance of a license, i.e. the equivalence of a public document that has been issued in another country, submits a written request to the Steering Committee of the Chamber.

A written request is submitted in the prescribed form. Additionally to the request for compliance assessment of the license/s, the following documents should be submitted:

1. Diploma of higher level education;
2. Certificates of passed exams;
3. Proof of membership in the Chamber of Engineers of the other country, if the applicant is a citizen of a country that has an organized Chamber of Engineers;
4. Statute of the Chamber of Engineers of which the applicant is a member or a law certificate based on which the license was issued or proper authorization;
5. "Evidence of reciprocity"
6. Proof of passed professional examination;
7. License, or authorization, or other proof of eligibility for the management of spatial and urban plans, managing technical documentation and management of the construction of facilities;
8. Detailed list of references.
9. Proof of payment of the compliance assessment fee for the license/s

The documents referred to in 1 - 4 and 6 - 8 of this Article shall be submitted by certified copies of the original and certified copies in Serbian. The fee for compliance assessment of the license is 4,000.00 RSD.

Since this is only a summary of the documents listed above (and attached), we advise all interested parties to read the full documents in order to understand the requirements fully.

Another question that we received is the following:

2. Given the restriction of paragraph 24 for submitting the application "...using the standard application form, the format and instructions of which must be strictly observed.... Any additional documentation (brochure, letter, etc) sent with the application will NOT be taken into consideration." In which way the applicants will prove that requirements of paragraph 21 (specifically points 21.2.1, 21.2.2, 21.2.3 and 21.3.2.) are fulfilled?

As stated in the Procurement notice, during this phase, only the Application form is to be submitted, no additional documents will be taken into consideration.
Based on the Application forms, candidates will be short-listed. All candidates, regardless if they qualified for the short list or not, will receive a letter in which information about the outcome about the short-listing process will be stated. Those candidates that were shortlisted will receive an invitation to tender and the tender dossier, in which information about supporting documents and further instructions will be explained in detail.

Question:


In regards of the e mail about the published procurement notices
EuropeAid/130903/D/SER/RS and EuropeAid/130904/D/SER/RS,
the two legal documents you refer to, "Decision on conditions and procedures for determining compliance of licenses issued by other countries with the rules of the Serbian Chamber of Engineers" and "Amending Decision on conditions and procedures for determining compliance of licenses issued by other countries with the rules of the Serbian Chamber of Engineers", regulate the Procurement Notices issued by the Republic of Serbia, whereas the contract should follow the "Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts", being an EU external aid contracts financed from the EU general budget.

For this reason, in the matter of Professional Capacity of Candidate, article 46 of the above mentioned directive should apply.

Answer:


Regarding your question from March 21, we contacted again the Serbian Chamber of Engineers, and received the same explaination as before, that calls national regulations and amending decision as relevant in this case.

Despite the fact that the Project are EU funded, and that procurement procedure is according to the PRAG, the whole project design procedure will be performed according to the national legislation requirements (project design phases, evaluation and later implementation as well).

Please fell free to contact Serbian Chamber of Engineers as well as Ministry of spatial planning, if you have any concerns regarding our anwers.

Question:


In the Procurement notice the Selection criteria for Economic and financial capacity of the candidate includes the following:

"During the last 3-year period, the applicant has not been bankrupt or wound up, has not entered into anarrangement with creditors and has not suspended any business activities during this period."

The subjected criteria is based on PRAG 2.3.3. article:

"Candidates or tenderers will be excluded from participation in procurement procedures if:

a) they are bankrupt or being would up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning these matters or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations"

The question we received was: if the subjected criteria applies to a consortium as a whole, or if each member of the consortium has to fulfill it independently?

Answer:


Yes, all member of the consortium will have to fulfill this criteria independently, and the answer is supported by the Application form to be submitted in the first round of evaluation/shortlisting (Standard Application form:
http://ec.europa.eu/europeaid/work/procedures/implementation/services/index_en.htm)

We would like to note, that the Terms of the Application form are not prepared by the Contracting Authority, the same form is used for all procurement procedures to be conducted in accordance with PRAG (Practical Guide to contract procedures for EU external actions). Point 7 of the Application form states the following:

"7 DECLARATION(S)

As part of their application, each legal entity identified under point 1 of this application, including every consortium member, must submit a signed declaration using the attached format."

Since the first page of the Declaration (or 6th page of the Application Form) includes the following statement:

"We hereby declare that we:
· are not in any of the situations excluding us from participating in contracts which are listed in Section 2.3.3 of the Practical Guide to contract procedures for EU external actions (available from the following Internet address:
http://ec.europa.eu/europeaid/work/procedures/index_en.htm;"

ALL members of the consortium must fulfill this criteria, that is the reason why the Service Procurement Notice included this criteria under the Economic and financial capacities of the candidates; we wanted to make sure that even candidates that might not have much experience working with public procedures based on PRAG would be informed about these conditions on time.

We would also like to note, that in the later phase of the procurement procedure, all candidates will be asked to submit proof for fulfilling this criteria as stated in different tender documents that are used for EU service tender procedures also available on: http://ec.europa.eu/europeaid/work/procedures/implementation/services/index_en.htm.

For example in Instructions for tenderers (page 5) the following is stated:

(5) Documentary proof or statements required under the law of the country in which the company (or each of the companies in case of a consortium) is established, to show that it does not fall into any of the exclusion situations listed in section 2.3.3 of the Practical Guide to contract procedures for EU external actions. This evidence or these documents or statements must carry a date, which cannot be more than 1 year before the date of submission of the tender. In addition, a statement shall be furnished stating that the situations described in these documents have not changed since then. The documentary proof or statements may be in original or copy. If copies are submitted the originals must be dispatched to the Contracting Authority upon request.


Question:


It is stated in several places in the Instructions for tenderers that all foreign language documents have to be translated into English.
We can understand the reason for this since some of our documentation is in German language and the Committee members might not be able to read German.

However a lot of the documents for administration, diplomas and state licences etc. are in Serbian language. Is it really necessary to translate these documents since the Committee members will be able to read them?

We would like to suggest that company documentation and some aspects related ro the CVs that the language can be Serbian or English. If the documents are in another language, i.e. German in our case, then English language translation is required. We hope you can agree with this suggestion.

Answer:


We understand your argument regarding the language of the submitted documents, but requesting all documents in English language was not our choice to begin with.

During the course of drawing up the tender documentation and Terms of References, we checked with the Managing Authority of the programme this project is implemented within (IPA HU-SRB CBC), whether we can accept diplomas, certificates and other supporting documents in Serbian since the members of the Evaluation Committee will be fluent in Serbian, and it would be unnecessary to ask candidates to deal with so much translation.

It was explained to us that this is an international restricted tender procedure, and it is obligatory to ask for all documents in English, simply that is the rule and we are required to follow it. Therefore, we must request all documents to be translated to English, even Serbian documents.



Question:


We might like to propose in a Key Position non Serbian personnel. In page 4 of the Instructions for tenderers and in section 6 page 16 of the Terms of Reference it is stated that the Key personnel have to have Serbian licences.

This implies that non Serbian personnel cannot be used in the proposal, which limits any transfer of knowledge.

Can you please clarify if the requirement for Serbian state License is compulsory for non Serbian personnel?

Answer:


This procurement procedure allows a fairly long preparation phase, since the Procurement notice including the main requirements for key experts was published on February 23rd, 2011 while the deadline for submitting a tender is June 9th, 2011. We received a similar question regarding foreign experts participating in these projects, and we posted the answer on our website even prior the shortlisting. We did not imply for non Serbian personnel to be excluded from these proposals, but we reserve the right to request key experts that will be familiar with the legislation and conditions and are able to guarantee effective plans for road rehabilitation in the Republic of Serbia.

Non-native experts can cover the requirements for licences in two ways:
- if there is an agreement on reciprocity regarding licences between the Serbian Chambers of Engineers, and the Chamber of Engineers from the other country,
- or, it could be requested from the Serbian Chamber of Engineers to determine the compliance of licences issued by other countries.

We checked this question with the Serbian Chamber of Engineers. This is the summarized answer they provided for us (based on the Decisions attached):

The Republic of Serbia regulates this question by two legal documents:
The "Decision on conditions and procedures for determining compliance of licenses issued by other countries with the rules of the Serbian Chamber of Engineers" and by the "Amending Decision on conditions and procedures for determining compliance of licenses issued by other countries with the rules of the Serbian Chamber of Engineers".

In our opinion the most important sections/articles of the above documents are as follows:

Article 1.

"This Decision establishes the conditions and procedures for determining compliance of licenses issued by other countries with the rules of the Serbian Chamber of Engineers (hereinafter: the Chamber), subject to reciprocity."

"This Decision does not apply in the case of the other Serbian Chamber of Engineers and Chamber of the other country signed an agreement on mutual recognition of licenses issued."

Article 3.

"An entity interested in determining the compliance of a license, i.e. the equivalence of a public document that has been issued in another country, is obliged to pass the professional examination on Serbian language, which consists of a general part presented by the authorized committee in the Republic of Serbia. "

Article 4.

"The entity interested in assessment of the compliance of a license, i.e. the equivalence of a public document that has been issued in another country, submits a written request to the Steering Committee of the Chamber.

A written request is submitted in the prescribed form. Additionally to the request for compliance assessment of the license/s, the following documents should be submitted:
1. Diploma of higher level education;
2. Certificates of passed exams;
3. Proof of membership in the Chamber of Engineers of the other country, if the applicant is a citizen of a country that has an organized Chamber of Engineers;
4. Statute of the Chamber of Engineers of which the applicant is a member or a law certificate based on which the license was issued or proper authorization;
5. "Evidence of reciprocity"
6. Proof of passed professional examination;
7. License, or authorization, or other proof of eligibility for the management of spatial and urban plans, managing technical documentation and management of the construction of facilities;
8. Detailed list of references.
9. Proof of payment of the compliance assessment fee for the license/s

The documents referred to in 1 - 4 and 6 - 8 of this Article shall be submitted by certified copies of the original and certified copies in Serbian. The fee for compliance assessment of the license is 4,000.00 RSD.

Since this is only a summary of the documents listed above (and attached), we advise all interested parties to read the full documents in order to understand the requirements fully (Documents attached).


Decision on conditions and procedures for determining compliance of licenses issued by other countries with the rules of the Serbian Chamber of Engineers



Amending Decision on conditions and procedures for determining compliance of licenses issued by other countries with the rules of the Serbian Chamber of Engineers



Question:


Is it required a certified court interpreter translation for the documents except diplomas, licenses and certificates, or we could present a regular translation?

Answer:


Additionally to diplomas, licenses and certificates, we recommend any official document where the authenticity of the document is essential to be interpreted by a certified court interpreter.


Question:


Is it acceptable instead Licenses: P131G2, P132G1 and P131S1 to submit the licenses of our Key experts proving that they are regular members of the Chamber of engineers in the investment design, which is the authority that manages and controls the performance and design works in Bulgaria.

The way design works are organized in Bulgaria is that the legal entity does not have separate licenses for design in the different parts. Such documents for the different parts of the investment design are submitted by Key experts for the specific part of the design.

Answer:


The Law on planning and construction of the Republic of Serbia stipulates that companies that are specialized in creating technical documentation for the objects for which the building permit is issued by the Ministry in charge of construction, or the jurisdictional authority of the Autonomous Province of Vojvodina, must have a license to produce technical documentation, ie. must be properly registered for development of technical documentation.

Whether a company meets the requirements for licensing and registration in the relevant register is determined by a decision issued by the Ministry in charge of construction, at the request of the company.

Since in this case we are planning on developing technical documentation for the rehabilitation of roads, it is essential that companies are eligible for the following licenses:

- P131G2

- P132G1 and

- P131S1


Question:


We need to know your stand on the situation with the experts:

- Key experts in Bulgaria do not have licenses with numbers 312, 315, 370, 310, but they have licenses from the Chamber of engineers in the investment design proving their official ability to perform design works.

- Non-key experts in Bulgaria do not have licenses with numbers: 313, 314, 372, 491, 316, but they have licenses from the Chamber of engineers in the investment design proving their official ability to perform design works.

Answer:


Our stand on the qualifications of Key experts is specified in detail in the Terms of References, under point 6. Requirements (6.1.1.):

We specified the license numbers issued by the Chamber of engineers of Serbia because it is required to have Key experts involved in this procedure that fulfill these requirements. Other than the license requirements, we also specified other requirements for them that need to be fulfilled.

Our stand on the skills for Other experts are specified under point 6.1.2. For Other experts we didn't have license requirements, only recommendations for the number of experts and the preferable licenses that we believe is necessary for the volume and type of work that needs to be completed according to the Terms of References.

The conditions under which experts from other countries (other than the Republic of Serbia) can attain the specified licenses, are defined by the regulations of the Chamber of engineers of Serbia ("Decision on conditions and procedures for determining compliance of licenses issued by other countries with the rules of the Serbian Chamber of Engineers" and by the

"Amending Decision on conditions and procedures for determining compliance of licenses issued by other countries with the rules of the Serbian Chamber of Engineers").

Still, since Other experts do not have to submit licenses as part of the technical offer, you are not required to provide Other experts that possess the listed licenses.


Question:


About the expert position of a Traffic engineer, there is no such separate position in Bulgaria and all the work and duties of this position are performed by the Road engineer who has official license from the Chamber of engineers in the investment design. Please give us your stand on this issue!

Answer:


As mentioned earlier, Key Experts, one of them being the Traffic engineer, must have the appropriate license (in this case 370) issued by the Chamber of Engineers of Serbia. This is a requirement because it implies that the expert can professionally create technical documentation for traffic signs and technical equipment for roads according to the standards of the Republic of Serbia.

As described earlier, the conditions under which experts from other countries (other than the Republic of Serbia) can attain the specified licenses, are defined by the regulations of the Chamber of engineers of Serbia ("Decision on conditions and procedures for determining compliance of licenses issued by other countries with the rules of the Serbian Chamber of Engineers" and by the

"Amending Decision on conditions and procedures for determining compliance of licenses issued by other countries with the rules of the Serbian Chamber of Engineers").


Question:


About the expert position of a Geomechanic, there is no such separate position in Bulgaria. The responsibilities and duties of this position are performed by the Road engineer. Could you give us more detail about the Geomechanic's main responsibilities and duties, so we could give you the right expert to comply with the work expected. Please give us your stand on this issue!

Answer:


A Geomechanic possesses a license 316 issued by the Chamber of Engineers of Serbia. A Geomechanic is the head engineer for geotechnical construction of buildings, it should possess a diploma of civil engineering and several years of experience in geotechnical design of buildings and to:

- Development of geotechnical bases

- Design of rehabilitation of landslides and other forms of unstable areas

- Design of special foundation problems

- Projects for building artificial dams

- Projects of tunnels and other underground structures

- Projects of protection of foundation pits.

On the basis of a complete reference list of candidates for the license 316, the Commission of the Chamber of Engineers of Serbia passes a decision on the eligibility of candidates for the design of one or more of the specified areas of Geotechnical construction projects.

The conditions under which experts from other countries (other than the Republic of Serbia) can attain the specified licenses, are defined by the regulations of the Chamber of engineers of Serbia ("Decision on conditions and procedures for determining compliance of licenses issued by other countries with the rules of the Serbian Chamber of Engineers" and by the

"Amending Decision on conditions and procedures for determining compliance of licenses issued by other countries with the rules of the Serbian Chamber of Engineers").


Questions and answers regarding Corrigendum 4.1 Bacsal-Bajmok
and Corrigendum 4.1 Tiszasz-Djala



Question:


I have two questions regarding preparing documentation for the above mentioned tender:

On page 4 of Instructions of tenderers point (4) under third - it says:
"a copy of the employers` certificates or references proving the proffesional experience indicated in theirs CVs"

Question is: Whether the employer means the investor or the employer where the key expert is employee?

Answer:


The following section of the Instructions for tenderers concerns evidence information/documents about the Key experts specifically:

(4) Tenderers must provide the following documents in the case of the key experts proposed:
- a copy of the diplomas mentioned in their CVs,
- copy of licences mentioned in their CV's,
- a copy of the employers' certificates or references proving the professional experience indicated in their CVs.

Therefore, in this case "employer" means the employer/s where the key expert gained his/her professional experience necessary for this contract.


Question:


On page 5 of the same document under point (5) it says:

"For short listed candidates in a restrected procedure the evidence documents for exclusion criteria must be submitted by all the tenderers at the tender phase:"
And then there is a list of needed documents.

Question is: Does it mean that we should add these documents in the = offer and whether it includes all the documentation required under the = Law on Public Procurements of Republic of Serbia?

Answer:


Yes, the international restricted procedure requires all documents for exclusion criteria to be submitted in the "offer", or tender phase.
Since this is an international restricted procedure, the rules applying to this procedure will be taken into account.
Instead of the Law on Public Procurements of Republic of Serbia, the requirements of exclusion situations listed in section 2.3.3 of the Practical Guide to contract procedures for EU external actions will be considered (more detailed explanation relating to this is included on page 5 of the Instructions for tenderers).


Questions:


1.

We refer to your e-mail about the extension of the submission dates for the proposal for the project: Services for developing a Main project design for the rehabilitation and enhanced maintenance of roads connecting HU-SRB border crossing – Bajmok - Madaraš and Bajmok - Bačka Topola for project "Rehabilitation Planning of Bácsalmás-Bajmok Cross-border Connecting Road", Novi Sad.

You also enclosed the revised documents showing new submission date and timetable for award.

However, in the Terms of References Section 2, under "results to be achieved by the consultant" the dates shown have not been changed.

Can you please confirm if these dates will change and if so what the new dates are.

2.

We refer to your e-mail about the extension of the submission dates for the proposal for the project: Services for developing a Main project design for the rehabilitation and enhanced maintenance of Djala–Novi Kneževac–Čoka road and Novi Kneževac–Banatsko Aranđelovo–Rabe road for project "Rehabilitation Planning of Tiszasziget-Djala Cross-border Connecting Road"Novi Sad.

You also enclosed the revised documents showing new submission date and timetable for award.

However, in the Terms of References Section 2, under "results to be achieved by the consultant" the dates shown have not been changed.

Can you please confirm if these dates will change and if so what the new dates are.

Answers:


1 and 2


The dates specified in the Terms of References Section 2, under "results to be achieved by the Consultant" can not be changed, simply because these contracts are implemented as part of EU financed projects, and the deadlines for project implementation limits the deadline for results to be achieved under these contracts (the original dates were already defined as the final possible deadlines).


Question:


In the Corrigendum it is stated:
"Proof of economic and financial capacity may be furnished by one or more of the following documents:
− appropriate statements from banks or evidence of professional risk indemnity insurance;
- .................................. page 3, paragraph 5"

Our question:
- In case of a consortium submitting a tender, all consortium members must attach evidence of professional risk indemnity insurance or is sufficient to attach this document by one of the members of the consortium on behalf of the consortium?

Answer:


As stated in the Corrigendum (page 3, paragraph 5) and the Instructions to tenderers (page 5, paragraph 5), documentary evidence/statements on the criteria for exclusion must be submitted by all members of the consortium:

"Documentary proof or statements required under the law of the country in which the company (or each of the companies in case of a consortium) is established, to show that it does not fall into any of the exclusion situations listed in section 2.3.3 of the Practical Guide to contract procedures for EU external actions."

Proof of economic and financial capacity may be furnished by one or more of the listed documents, which means that not all members of the consortium to have to submit evidence of professional risk indemnity insurance, as noted, appropriate statements from bank could also be used for this purpose.


Questions:


According to point 6 of the Instructions to Tenderers for the Subject Tender, we have following questions and requests for clarifications:

1.

ITT, 9.1, second paragraph:

'Before the Contracting Authority signs the Contract with the successful tenderer, the successful tenderer must provide the legal entity file and the financial identification form.'

In the same document ITT 3.1(1)(c) it is the obligation of the tenderer to submit the Legal entity file and supporting documents.

Please answer: Do files Financial identification and Legal entity with supporting documents form the part of tender submission?

2.

Annex II, ToR, 6.1.1 Key experts:

It seems that there is a mistake in numbering key experts. They are numbered as 1, 2 and 4. In the same time, Evatuation grid form defines key experts 1, 2 and 3.

Does Key expert 4 from ToR represents Key expert 3 in the Evaluation grid?

Is total number of Key experts three?

Answer:

1.

Yes, the Financial identification form, Legal entity form and supporting documents should be part of tender submission (appropriate templates were included in the tender dossier). Once the evaluation of offers will be completed, only the successful tenderer will receive a Notification letter with further instructions to submit new versions of these documents in case there were some changes since the submission of the tender. As it is stated in the ITT, the successful tenderer must to provide the requested documents or issue an explanation regarding the matter within 15 calendar days following the notification of award.


2.

Indeed there was a mistake in the ToR regarding the numbering of Key experts. It was brought to our attention that Key expert 3: CONSTRUCTION/CIVIL ENGINEER, by mistake was numbered Key expert 4 in the ToR. This also means that in the Evaluation grid Key expert 3 actually represents Key expert 4 from ToR.

We apologize for the confusion, and just to clarify once more: a total of 3 (three) Key experts were requested in the ToR:

Key expert 1: Team Leader: LEAD ROADS ENGINEER

Key expert 2: TRAFFIC ENGINEER

Key expert 3: CONSTRUCTION/CIVIL ENGINEER