WORKS PROCUREMENT NOTICE

REHABILITATION OF ROAD ii-86 SOKOLOVTSI – SMOLYAN – SREDNOGORTSI from km. 94+240 to km. 125+364

Location – Smolyan region, South of Bulgaria

1. Publication reference

EuropeAid/123797/D/WKS/BG

2. Procedure

Open

3. Programme

Phare

4. Financing

Financing Memorandum BG 2005/017-454 Phare Cross-Border Co-operation programme between Bulgaria and Greece, project BG 2005/017-454.01.01

5. Contracting Authority

Ministry of Regional Development and Public Works (MRDPW)

17-19, Kiril i Metodii Str.

1202 Sofia, Bulgaria

CONTRACT SPECIFICATIONS

6.  Description of the contract

Road II-86 Plovdiv - Smolyan - Rudozem is the only existing second class road, which goes south of Plovdiv and will end at the Bulgarian-Greek Border (via the newly constructed road from Rudozem to the border). The road section to be rehabilitated and reconstructed is located only in Smolyan region, begins from Sokolovtsi village and ends at Srednogortsi village with approximate length of 29 km. Section is designed for a speed of 40-50 km/h, has 7/9.5 m road widths and passes through several villages in the region. Rehabilitation of 4 big structures and of great number of junctions is included in the design for works. The rehabilitation should equalize the traffic and safety conditions on this section and will align them with the EU standards. The works contract will be awarded under the PRAG rules and will be executed under the FIDIC Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer (FIDIC Red Book, 1999). The Works Contractor shall also follow the requirements of the Bulgarian Territorial Structure Act and the related regulations. An independent Consultant will supervise the construction works on behalf of the Bulgarian Government represented by the Ministry of Regional Development and Public Works and National Road Infrastructure Fund (NRIF) (which will play the roles of Contracting Authority and Employer, respectively). The Consultant will assume both - the role and responsibilities of an Engineer as set out in the above FIDIC Conditions of Contract and the responsibilities of the Independent Construction Supervisor according to the Territorial Structures Act of Bulgaria and its related regulations.

7. Number and titles of Lots

Not applicable

CONDITIONS OF PARTICIPATION

8. Eligibility and rules of origin

Participation is open to all legal persons participating either individually or in a grouping (consortium) of tenderers of the Member States of the European Union, Albania, Bosnia-Herzegovina, Bulgaria, Croatia, Former Yugoslav Republic of Macedonia, Romania, Serbia - Montenegro and Turkey (see also item 22 below). All works, supplies and services under this contract must originate in one or more of these countries. Participation of natural persons is directly governed by the specific instruments applicable to the programme under which the contract is financed.

9. Grounds for exclusion

Tenderers must submit a signed declaration, included in the Tender Form for a Works Contract, to the effect that they are not in any of the situations listed in point 2.3.3 of the Practical Guide to contract procedures for EC external actions.

10. Number of Tenders

Tenderers may submit only one tender. Tenders for parts of the project will not be considered. Tenderers may not submit a tender for a variant solution in addition to their tender for the works required in the Tender Dossier.

11. Tender Guarantee

Tenderers must provide a Tender Guarantee of EURO 100000 when submitting their Tender. This guarantee will be released to unsuccessful tenderers once the Tender procedure has been completed and to the successful tenderer upon signature of the contract by all parties.

12. Performance guarantee

The successful Tenderer will be asked to provide a Performance Guarantee of 10% of the amount of the contract at the signing of the contract. This guarantee must be provided together with the return of the countersigned contract no later than 30 days after the Tenderer receives the contract signed by the Contracting Authority. If the selected Tenderer fails to provide such a guarantee within this period, the contract will be void and a new contract may be drawn up and sent to the Tenderer which has submitted the second best admissible tender.

13. Information meeting and/or site visit

An information meeting will be held on 14.02.2007, 14:00 a.m. at the offices of NRIF as detailed below:

National Road Infrastructure Fund,

3 Macedonia blvd., 7 floor, room 702

1606 Sofia, Bulgaria

Participation in the meeting is optional.

14. Tender validity

Tenders must remain valid for a period of 90 days after the deadline for submission of tenders.

15. Period of implementation

Period of implementation of works is 24 months from the Commencement date until the provisional taking over by the Employer. The implementation period will be followed by 12 months Defects Notification Period (DNP) and 5 months for preparation of final statement and payment.

If for some reasons the execution of works is delayed the period of implementation of this contact might be extended respectively.


SELECTION AND AWARD CRITERIA

16. Selection criteria

A.  For sole Tenderer:

1) General

The Tenderer must be a firm or a natural person duly registered as per the national law and/or accordingly authorised to carry out the works specified under this contract.

2) Economic and Financial Standing of Tenderer(s):

a.  The Annual Turnover (net of taxes and social security charges) of the Tenderer must be at least MEUR 6.5 for each of the years 2003, 2004 and 2005.

b.  Sufficient liquid working capital for financing the works. The Tenderer shall provide evidence of secured financing of not less than MEUR 1.5 in form of cash at hand, secured irrevocable credit line granted by a reputable bank or other acceptable form of funds.

NOTE: The Tenderer should present the following proofs of Economic and Financial Capacity:

- Balance Sheets for the last three years for which accounts have been closed;

- Statement of accounts (Profit and Loss Account) showing the turnover during the last three financial years;

- Reference/certificate demonstrating the access to credit facilities and/or cash available for the purpose of this project.

3)  Technical and Professional capacity of Tenderer(s):

a.  The Tenderer shall have completed at least 2 (two) projects with a minimum value of MEUR 4.0 each. The projects should be of similar nature as the Tendered Works i.e. road rehabilitation or reconstruction, with linear length of at least 25 km, or new road construction with width at least 7.5 m. and linear length of at least 7 km. The works shall have been completed since 1.01.2000. The Tenderer must have provided at least 40 % (by value) of the works and supplies of the completed projects directly (not through a sub-contractor or as a consortium member). The Tenderer must submit copies of the respective certificates of final reception signed by the Engineer/Employer of these reference projects within his Tender.

b.  All proposed Key Personnel shall have at least 5 years of adequate experience and proven qualifications relevant to their position and the works of a similar nature to this project.

c.  The Project Manager should have at least 10 years of total experience (after graduation) as civil engineer of which 5 years of site experience in road construction/reconstruction/rehabilitation works on a similar position (Project Manager or Deputy of construction team).

d.  The Tenderer must have the plant and equipment (either owned or leased/hired), necessary to enable him to carry out at least 70% of the contract by himself.

B. For Consortium/Joint Venture:

1) General

All members in the Joint-Venture/Consortium must be firms or natural persons duly registered as per the national law and/or accordingly authorized to carry out the works specified under this contract.

2) Economic and Financial Standing of Tenderer(s):

a. The Lead member must have Annual Turnover (net of taxes and social security charges) of at least MEUR 4,0 for each of the years 2003, 2004 and 2005, and all the other members of the Joint Venture/Consortium together must have Annual Turnover (net of taxes and social security charges) of at least MEUR 2,5 for each of the years 2003, 2004 and 2005.

b. Sufficient liquid working capital for financing the works. The Lead member of a Consortium/Joint Venture) shall provide evidence of secured financing of not less than MEUR 1.5 in form of cash at hand, secured irrevocable credit line granted by a reputable bank or other acceptable form of funds.

NOTE: All members of the Consortium/Joint Venture should present the following proofs of Economic and Financial Capacity:

-  Balance Sheets for the last three years for which accounts have been closed;

-  Statement of accounts (Profit and Loss Account) showing the turnover during the last three financial years;

-  Reference/certificate demonstrating the access to credit facilities and/or cash available for the purpose of this project.

3) Technical and Professional capacity of Tenderer(s)

a. In total, the members of the Consortium/Joint Venture shall have completed at least 2 (two) projects with a minimum value of MEUR 4.0 each. The projects should be of similar nature as the Tendered Works i.e. road reconstruction or rehabilitation, with linear length of at least 25 km, or new road construction with width at least 7.5 m. and linear length of at least 7 km. The works shall have been completed since 1.01.2000. The respective member of the Consortium/Joint Venture must have provided at least 40 % (by value) of the works and supplies of the completed projects directly (not through a sub-contractor or as a consortium member). The respective member of the Consortium/Joint Venture must submit copies of the respective certificates of final reception signed by the Engineer/Employer of these reference projects within his Tender. The Lead Member shall have completed at least 1 (one) of the above mentioned reference projects.

b. All proposed Key Personnel shall have at least 5 years of adequate experience and proven qualifications relevant to their position and the works of a similar nature to this project.

c. The Project Manager should have at least 10 years of total experience (after graduation) as civil engineer of which 5 years of site experience in road construction/reconstruction/rehabilitation works on a similar position (Project Manager or Deputy of construction team).

d. The Tenderer must have the plant and equipment (either owned or leased/hired), necessary to enable him to carry out at least 70% of the contract by himself. The Lead member must have the plant and equipment (either owned or leased/hired), necessary to enable him to carry out at least 50% of the contract by himself. Any member in a Joint Venture/Consortium (i.e. not the Lead Member) must have the plant and equipment (either owned or leased/hired), necessary to enable him to carry out at least 10% of the contract by himself.

17. Award criteria

Price

TENDERING

18. How to obtain the Tender Dossier

The Tender Dossier is available from:

The Ministry of Regional Development and Public Works,

17-19, Kiril i Metodii Str.1202 Sofia, Bulgaria,

Attn. Deputy PAO Phare CBC

upon payment of EUR 200, which excludes courier delivery and bank transfer fees. It is also available for inspection at the premises of the Contracting Authority, address as in point 5 above.

The bank account to which payment should be done is:

IBAN: BG86BNBG 96613000166301

BIC: BNB GBG SD

Bulgarian National Bank

1, Batemberg Sq., Sofia

Account Holder: MRDPW

Tenders must be submitted using the standard Tender Form included in the Tender Dossier, whose format and instructions must be strictly observed.

Tenderers with questions regarding this Tender should send them in writing to:

The Ministry of Regional Development and Public Works,

17-19, Kiril i Metodii Str.1202 Sofia, Bulgaria,

Attn. Deputy PAO Phare CBC

Tel/Fax: + 359 2 987 07 37

Email:

with a copy to:

National Road Infrastructure Fund,

3 Macedonia blvd., 1606 Sofia, Bulgaria

Attn. Head of NRIF CBC PIU

Tel: 00359(2) 952 11 47; Fax: 00359(2) 952 61 37

Email:

(mentioning the publication reference shown in Item 1), at least 21 days before the deadline for submission of tenders given in Item 19. The Contracting Authority must reply to all Tenderers' questions at least 11 days before the deadline for submission of tenders. Eventual clarifications to the tender dossier will be published on the EuropeAid website at http://europa.eu.int/comm/europeaid/index_en.htm.

19. Deadline for submission of Tenders

Tenders must be received not later than 22.03.2007, 12:00 a.m. time at the address:

The Ministry of Regional Development and Public Works,

17-19, Kiril i Metodii Str.1202 Sofia, Bulgaria,

Attn. Deputy PAO Phare CBC

Tel/Fax: + 359 2 987 07 37

Any Tender received after this deadline will not be considered.

20. Tender opening session

Tenders will be opened in public session on 22.03.2007, 14.00 p.m. local time at the following address:

The Ministry of Regional Development and Public Works,

17-19, Kiril i Metodii Str.1202 Sofia, Bulgaria,

Attn. Deputy PAO Phare CBC

Tel/Fax: + 359 2 987 07 37

21. Language of the procedure

All written communications for this tender procedure and contract must be in English.

22. Legal basis

Council Regulation (EC) No 1605/2002 of 25 June 2002; Council Regulation (EEC) No 3906/89 of 18 December 1989 (as amended by Council Regulation (EEC) No 2698/90 of 17 September 1990, Council Regulation (EEC) No 3800/91 of 23 December 1991, Council Regulation (EEC) No 2334/92 of 7 August 1992, Council Regulation (EEC) No 1764/93 of 30 June 1993, Council Regulation (EC) No 1366/95 of 12 June 1995, Council Regulation (EC) No 463/96 of 11 March 1996, Council Regulation (EC) No 753/96 of 22 April 1996, Council Regulation (EC) No 1266/1999 of 21 June 1999, Council Regulation (EC) No 2666/2000 of 5 December 2000; Council Regulation (EC) No 2500/2001of 17 December 2001); Council Regulation (EC) No 2760/98 of 18 December 1998; Council Regulation 769/2004 of 21 April 2004.

2006