Ministry of Culture
Executive Secretariat______
TENDER Nº 02/2013
NOTICE
OBJECTIVE: To contract the accommodation for the Brazilian delegation in the city of Frankfurt am Main/Germanyfor the period indicated in Annex I-A, during which a variety of activities will take place in the context of the 2013 Frankfurt International Book Fair 2013.
DATE: September 18th, 2013.
TIME:10:00 (Frankfurt Am Main/Germany time),
ADDRESS:Hansaallee 32 A/B, 60322 Frankfurt am Main.
-The envelopes containing theDOCUMENTATION (I)andBID (II) shall be received on the aforementioned date, time and address.
-All references to time in the Tender, notification and during the public session shall observe Frankfurt am Main/Germany time.
1. INITIAL ARRANGEMENTS
1.1The Federative Republic of Brazil, through the Special Bidding Committee set up by the Consulate General of Brazil in Frankfurt am Main, Germany, announces publicly to those interested that there will be a public tendering, of the type Lowest Overall Price, tocontract the accommodation for the Brazilian delegation in the city of Frankfurt am Main/Germany for the period indicated in Annex I-A, during which a variety of activities will take place in the context of the 2013 Frankfurt International Book Fair 2013.
1.2 The services contained in this tender shall be provided on demand in the form of indirect provision.
1.3 The bidding procedures will be held in accordance with Brazilian legislation and the principles of Brazilian Law nº 8.666/93, pursuant to its Article 123.
2. RECEIPT AND OPENING OF PROPOSALS AND DOCUMENTS
2.1 The envelopes containing the qualifying documents and bids shall be received as follows:
- Day and time:September 18th, 2013,until 10:00.
- Location: Hansaallee 32 A/B, 60322 Frankfurt am Main.
2.2 If this is not a working day, the envelopes shall be received on the next working day.
2.3The opening of the envelopes and other bidding procedures shall comply with the regulations of this tender, especially its Item 9 and Art. 43 of Brazilian Law nº 8.666/93.
3. INFORMATION AND EXPLANATIONS ABOUT THE TENDER
3.1Explanations about this tender shall be provided by the Special Bidding Committee, with reference to the technical area, provided that orders are received by2 (two) working days beforethe envelopes are submitted, exclusively by request in writing, in one of the following forms:
- By letter or official letter: filed atHansaallee 32 A/B, 60322 Frankfurt am Main. Monday to Friday, from 9 a.m. to 16:00 p.m;
- By email to the address .
3.2 Requests for explanations shall be answered only in writing, if possible by the same means.
3.3 The Special Bidding Committee will give notice of the questions and answers to the other bidders who have taken this Notice, through the website of the Consulate General of Brazil in Frankfurt am Main.
3.4 It is up to the interested bidders to access the website of the Consulate General of Brazil in Frankfurt am Main to find out about the questions and answers and keep up to date with the clarification relating to this Notice.
4. CHALLENGES TO THE TENDER
4.1 The tender can be challenged by any person up to 02 (two) working days before the date set for opening the public session. If there are any indications of collusion between the bidders or of any other act of bad faith, the CONTRACTING PARTY shall takethe appropriate measures.
4.2 Once a challenge has been received against the bidding notice, a new date shall be set and published to hold the tender. If receiving it substantially affects competitiveness, the initial deadline for submitting the qualifying documents and the proposal shall be reopened, except if the alteration will, incontestably,not affect the formulation of the proposals.
4.3 Until the date set for opening the public session, any interested party can request the Consulate-General in Frankfurt for details, information and explanations relating to the bid and to the conditions for fulfilling the obligations necessary for meeting its objective.
4.4 Challenges and requests of explanations shall not suspend the deadlines provided for in the tender.
4.5 Responses to challenges and explanations provided by the Bidding Committee shall be notified in the bidding process and be available for consultation to any interested party.
5. CONDITIONS OF PARTICIPATION
5.1.Business organisations whose business sector is compatible with the objective of this tender and which is in accordance with Brazilian legislation and the principles of Brazilian Lawnº 8.666/93 can take part in this tender.
5.2. The following cannot take part in this tender:
5.2.1 Companies whose corporate objective is not relevant to or compatible with the object of the tender.
5.2.2Companies prevented or prohibited from tendering or contracting with the BrazilianState or suspended temporarily from participating in a tender or prevented from contracting with the Public Administration of Brazil;
5.2.3 Companies declared ineligible to tender or contract with the public authorities, as long as the reasons for the penalty still exist or until rehabilitation before the authority that applies the penalty has been carried out;
5.2.4 Companies involved in bankruptcy proceedings, in arrangement with creditors or reorganisation under supervision of a court or extra-judicial supervision;
5.3. The following cannot participate directly or indirectly in the tender or in executing the work or service or providing goods required for it:
5.3.1 The author of the project, physical or legal person;
5.3.2 A company, individually or as part of a consortium, responsible for elaborating the project or where the originator of the project is an officer, manager, shareholder, holder of more than 5% (five per cent) of the capital with voting rights or controller, technical manager or subcontractor;
5.3.3An official or manager of a CONTRACTING PARTY agency or entity or which is responsible for the bid.
5.4 No bidder can participate in this tender with more than one proposal.
5.5 Participation in this Public Tendering implies, for the bidder: confirmation that he has the information necessary for the completion of this competition; full and irrevocable acceptance of all the terms, clauses and conditions of this Notice and its annexes; observance of the legal and regulatory precepts in force, and responsibility for the accuracy and legitimacy of the information and the documents presented in any phase of the process.
5.6 The bidder shall bear all the costs of the drafting and presentation of the Bids and Qualification documents required in this competition, with the provison that the Consulate General of Brazil in Frankfurt am Main will not, under any circumstances, be liable for these costs, regardless of the conducting or the result of the tender process.
5.7 Under penalty of disqualification, those interested in participating in the present tender shall deliver the original documentation or photocopies of the same authenticated by the registry office or by the Consulate General of Brazil in Frankfurt am Main.
6. DELIVERY OF QUALIFYING AND BID DOCUMENTATION
6.1 The documents relating to the qualification and to the tenders shall be delivered separately, in closed, sealed envelopes, identified with the name of the bidder and containing on the outside and front, in highlighted characters, the following wording.
ENVELOPE N° 01 – QUALIFICATION DOCUMENTS
CONSULATE GENERAL IN FRANKFURT AM MAIN
COMPETITION Nº 02/2013
(REGISTERED OFFICE OF THE BIDDER)
ENVELOPE N° 02 - TENDERS
CONSULATE GENERAL IN FRANKFURT AM MAIN
COMPETITION Nº 02/2013
(REGISTERED OFFICE OF THE BIDDER)
6.2Sending the envelopes by post or in a similar way will be admitted, provided they are received at the Consulate General in Frankfurt am Main by the time set for the opening of the public session.
7. QUALIFICATION
7.1 To qualify for the bid, the following documentation relating to legal qualification and tax compliance shall be submitted under the following conditions:
7.2. LEGAL QUALIFICATION:
7.2.1.The winning company shall submit its excerpt from commercial registry.
7.3. TAX AND LABOUR COMPLIANCE:
7.3.1.Self-declaration of the Bidder, which states that the Bidderisnot subject of proceedings for declaration of bankruptcy.
7.3.2. Self-declaration of the Bidder, which states the properly fulfilment and compliance with the legal obligations in terms of the payments of taxes and contributions to statutory social security (corresponding certificates issued by the competent authorities are required).
7.3.3. Declaration of compliance with all the legal requirements of the tax and labour law in accordance with Brazilian legislation and Brazilian Law nº 8.666/93 in its Art. 123.
7.4 ECONOMIC-FINANCIAL QUALIFICATION;
7.4.1. Statement of the undertaking's overall turnover of the last three financial years.
7.4.2Self-declaration of the Bidder, which states the Bidder has not been guilty of grave professional misconduct, which undermines its credibility.
7.5. TECHNICAL QUALIFICATION
7.5.1. The bidder shall submit at least 1(one) attestation or declaration of technical capacity sent by a public or private legal entity, demonstrating the satisfactory supply of services compatible with the objective of theBasic Project (Annex I).
7.5.1.1. The attestation(s) of technical capacity shall contain at least the following information: identification of the legal entity and of the person responsible for issuing the attestation; identification of the bidder; clear description of the services provided.
7.5.1.2. The bidder shall have all the information necessary to demonstrate the legality of the attestations submitted.
7.5.2. The bidder shall specificallyindicate the fulfilment of the minimum requirements stated in item 5 of the Basic Project (Annex I).
7.6 A bidder that is unable to demonstrate that it is qualified, does not submit any of the documents required for the qualification or does not submit it in accordance with the provisions of the Tender, shall be ineligible.
7.7 Additional documentation:
7.7.1A declaration that all the qualifying conditions have been met and that its bid is in accordance with the requirements of this Tender;
7.7.2A declaration that it does not have among its personnel any employee less than 18 (eighteen) years old on night shift, or doing hazardous or insanitary work or16 (sixteen) years old in any work, except as an apprentice, from 14 years;
7.7.3A declaration that the bid was elaborated independently.
7.7.4 The person signing the documents required for the additional documentation provided for in this item shall demonstrate that he/she is authorised to act in the name of the bidder.
7.7.5 Erased or illegible documents will not be accepted.
7.7.6For qualifying purposes, certificates sent by tax authorities and tax and labour agencies issued over the internet shall be accepted.
7.8 Under penalty of ineligibility, all documents shall be submitted:
7.8.1. In the form provided for by law, and if there are no specific regulations, they shall always be submitted in the name of the bidder with the number of the relevant government register;
7.8.2 In the name of the parent company if the bidder is the parent company;
7.8.3 In the name of the subsidiary if the bidder is a subsidiary, except documents that, by their very nature, are issued only in the name of the parent company;
7.8.4 In the original, in official publications or in a copy authenticated by a public notary’s office or by a qualified official at the Consulate-General in Frankfurt.
7.9 Once compliance with the requirements provided for in this Tender have been confirmed, the bidder shall be declared qualified.
8. THE BID
8.1 The bid shall be drawn up in English, clearly, without amendments, erasures, additions or interlineations, duly dated, signed and all the pages countersigned by the bidder’s legal representative.
8.2 The bid shall indicate:
8.2.1 The unitary and total price for single rooms,including breakfast and the services indicated in item 5 of the Basic Project (Annex I), during the periods indicated in Annex I-A, in the local currency (Euros), in figures and in words.
8.2.1.1Any additional costs concerning other services requested or expenses caused by the guests, such as (but not limited to) difference of fare to double, triple or upgraded rooms; minibar, laundry service, telephone expenses, etc, shall be complemented by the guest directly to the hotel, as stated in items 4.3 and 4.4 of the Basic Project (Annex I).
8.2.2The prices proposed shall include, as well as the profit, all the expenses, direct and indirect, including refundable expenses, fees, taxes, licences, insurance, social welfare, labour, social security, tax and commercial contributions levied, as well as administrative and other fees necessary for the full execution of the service provision that is the subject of this bid.
8.2.3 Submission of the bid implies full acceptance by the bidder of the conditions laid down in this Tender and its annexes, as well as the obligation to comply with the provisions contained therein, with the bidder undertaking to provide the services under their terms.
8.2.4 The bids shall be valid for 60 (sixty) days starting from the date for opening the public session established in the introduction to this Tender.
8.2.5 Once the deadline for validity of the bids has passed, without notice for hiring, the bidders shall be free from the undertakings made.
8.3 Until the session opens, the bidder can withdraw or replace the bid previously sent.
8.4After the session opens, only formal changes shall be accepted, intended to remedy evident material errors, without any change to the aforementioned content and conditions.
8.5 The Contracted Party shall take responsibility for any error in elaborating the total intended quantity of its bid.
9. CONDUCTING THE PUBLIC SESSION
9.1 The envelopes containing the qualifying documentation and bid shall be opened at the public session, from which a certified record of proceedings will be drawn up signed by the members of the Bidding Committee and by the legal representatives of the bidders present.
9.2 If the set date is not a working day or there occurs a circumstance preventing the Tender being held, the session shall automatically be transferred to the first working day following, at the same time and place previously established, provided that there is no communication stating otherwise.
9.3 Once the session has been opened, the Bidding Committee shall receive, all at once, the envelopes containing the bid and qualifying documentation.
9.4 After receipt of the envelopes, the participating bidders shall be identified and the envelopes containing the qualifying documentation opened.
9.5 If necessary, the Bidding Committee can suspend the meeting to analyse the documents submitted, taking the opportunity to set a new date and time to meet again.
9.6 Once the qualifying documentation has been analysed, the Bidding Committee shall, in a well-reasoned way, indicate bidders ineligible because of errors or omission of documentation.
9.7 The ineligibility of any bidder shall always be well-founded and recorded in the minutes of the sitting.
9.8 If all the bidders expressly waive their right of appeal, the bids of the eligible bidders shall immediately be started.
9.9 If the right of appeal is not waived, the Bidding Committee shall suspend the session and set a new date to open the envelopes containing the bids.
9.10 The qualifying documents and sealed envelopes containing the bids shall be countersigned by all the bidders and by the members of the Bidding Committee and preserved in the relevant section.
9.11 After the final qualifying phase, 2envelopes of the ineligible bidders shall be returned sealed.
9.122 envelopes shall be made available to the ineligible companies for a period up to 10 (ten) working days starting from the end of the qualifying phase, after which they shall be destroyed by the Bidding Committee.
9.13 The bidder’s ineligibility involves preclusion of its right to participate in the subsequent phases of the Tender.
9.14 Notification of the qualifying decisions and the proposal of the bidder shall be made by publication in the official press, except if the bidders’ representatives were present when the decision was made, when it can be made by direct communication to the interested parties and drawn up into a record.
9.15 After the qualifying phase, the following shall not be possible:
9.16Waiving the bid, except for just cause deriving from a circumstance occurring and accepted by the Bidding Committee.
9.17 Disqualification of the bidder for a reason relating to the qualification, except for circumstances arising or only known after the decision.
9.18 Once the 2 envelopes have been opened, the Bidding Committee shall examine the proposals submitted for their specifications and price compatibility in relation to the estimated value of the contract.
9.19 Disqualifying a bid shall always be well-founded and recorded in the minutes of the sitting.
9.20If all the bidders or bids are disqualified, the Bidding Committee can set a deadline of 05 (five) working days for the submission of new documentation or proposals, free from the reasons for their disqualification.
9.21 All official acts shall contain a certified record of proceedings, signed by the members of the Commission and by the representatives of the bidders present.
9.22The Bidding Committee can request the opinion of technicians at the Frankfurt Fair and other competent bodies or qualified individuals or legal entities to guide its decision.
10. JUDGEMENT OF THE BIDS
10.1The judgement criterion shall be the lowest overall price.
10.2A final bid shall be disqualified if it:
10.2.1Contains defects or illegalities;
10.2.2Does not contain the technical specification required by the Tender or Basic Project (Annex I);
10.2.3Present prices higher than the estimated value stated in item 9 of the Basic Project (Annex I), item 14 of this Notice.
10.2.4Presents prices that are clearly unworkable, considered the one which the overall value proposed is less than 70% (seventy percent) of the lesser of the following values:
10.2.4.1 Arithmetic average of the values of the bids greater than 50% (fifty percent) of the value budgeted by the Administration, or
10.2.4.2 Value budgeted by the Administration.
11. AWARD AND CONFIRMATION
11.1 Once appeals have been made and the correctness of the actions carried out has been confirmed, the competent authority shall confirm the bidding process and award the bid object to the winning bidder.
11.2 After the award, the contractor shall be invited to sign the Contract or withdraw the equivalent instrument within a period of 02 (two) working days.
11.3If the winning bidder does not sign the Contract within the period established, the Consulate General in Frankfurt am Main may call the next bidder in the order of classification, taking the necessary measures to apply penalty for the delay caused.
12. DISCLOSURE OF THE BIDDING RECORDS
12.1The disclosure of the deeds will be published on the website of the Consulate General in Frankfurt am Main.