Republika Kosova - Republic of Kosova

Republika e Kosovës

Qeveria –Vlada - Government

Ministria e Financave – Ministarstvo za Finansije – Ministry of Finance

AGJENCIA qendrore E PROKURIMIT

centralna AGENCIA nabaVKe / central PROCUREMENT AGENCY

CONTRACT NOTICE

Re-tender

Public Framework Contract

Supply

According to Article 40 of Law No. 04/L-042 on Public Procurement in Kosovo

Date of the preparation of the Notice: 07.05.2014

Procurement No / AQP-AK / 14 / 002 / 111

This notice has been prepared in the LANGUAGES:

Albanian / Serbian / English

SECTION I: CONTRACTING AUTHORITY

I.1) NAME AND ADDRESS OF THE CONTRACTING AUTHORITY (CA)

Official name: Central Procurement Agency (Procurement for AK)
Postal address: Str. Mother Theresa n/n GermiaBuilding, Floor V A/503,
Town: Prishtina / Postal code: 10 000 / Country:
Contact point(s): Behram Abazi / Telephone: 038/200 15 508
Email: / Fax: 038/200 15 508
Internet address (if applicable): /
Yes / x / No

The contracting authority is purchasing on behalf of other contracting authorities

List of the Contracting Authorities – 37 Contracting Authorities

No. / Name of the Contracting Authority
1. / State Prosecutor
2. / The Kosovo Intelligence Agency
3. / The Election Complaints and Appeal Panel
4. / Central Procurement Agency
5. / Ministry of Local Government Administration
6 / Public Procurement Regulatory Commission
7 / Ministry of Public Administration
8 / Ministry of Environment and Spatial Planning
9 / Kosovo Customs
10 / Anti-Corruption Agency
11 / Iber Lepenc
12 / National Blood Transfusion Canter of Kosovo
13 / Kosovo Agency of Statistics
14 / Ministry of Diaspora
15 / Kosovo Security Council
16 / Office of Prime Minister
17 / Ministry of European Integration
18 / Railway Regulatory Authority
19 / Municipality of Novobërdës
20 / The KosovoAcademy of Sciences and Arts
21 / Kosovo Cadastral Agency
22 / Agency of State Archive of Kosovo
23 / Energy Regulatory Office
24 / Institute of Ombudsperson
25 / Central Election Commission
26 / RegionalHospital of Prizren
27 / Ministry of Justice
28 / Kosovo Correctional Service
29 / Agency for Administration of Sequestrated or Confiscated Assets
30 / Ministry of Finance
31 / The Food and Veterinary Agency
32 / Kosovo Tax Administration
33 / Municipality of Graçanices
34 / TRAINKOS .J.S.C
35 / Kosovo Judicial Council
36 / Water and Waste Regulatory Office
37 / Kosovo Judicial Institute

SECTION II: OBJECT OF THE CONTRACT

II.1) DESCRIPTION

II.1.1) Contract title attributed by the contracting authority:
Supply with Fuel
II.1.2) Type of contract and location of works, place of delivery or of performance
Works / X Supplies / Services
Execution
Design and execution
Realisation, by whatever means, of work, corresponding to the requirements / X Purchase
Lease
Rental
Hire purchase
A combination of these
Main site or location of works
______/ Main place of delivery
Based on list of the Contracting Authorities which shall use the contract in Kosovo. / Main place of performance
______
II.1.3) The notice involves
A public contract
Yes / No
The establishment of public framework contract
Yes / No
II.1.4) Information on framework agreement (if applicable):
Framework agreement with single operator
Framework agreement with several operators
Execution of the Contract:
Call offs/Place Orders
Subsidiary Contracts/Mini-competition
Duration of framework agreement: in months 36
II.1.5) Short description of the object of the contract
Supply with Fuel according to the requests of 37 Contracting Authorities of local and central level.
II.1.6) Common Procurement Vocabulary classification (CPV): 23 000000-7
II.1.7) Variants are accepted
Yes / No
II.1.8) Division into lots
Yes / No
II.1.9) Information about lots (if applicable) N/A

II.2) QUANTITY OR SCOPE OF THE CONTRACT

Total quantity or scope: Supply with Fuel
Estimated quantity for 36 months
1 / Diesel for cars and other driving vehicles / 6 827 314 litre
2 / Diesel for generators / 782 594 litre
3 / Diesel for heating / 3 902 465 litre
4 / Petrol for cars / 479 510 litre
Total (1- 4) / 11 991 883 litre

II.3) DURATION OF THE CONTRACT OR TIME LIMITS FOR COMPLETION

Duration in months or days from the award of the contract: Starting with contract signing date and completed within 36 months from the date of contract signature.

SECTION III: LEGAL, ECONOMIC, FINANCIAL AND TECHNICAL INFORMATION

III.1) CONDITIONS RELATING TO THE CONTRACT

III.1.1) Performance security required
Yes / X / No
Amount of performance security is 1,400,000.00 €with validity period of 37 months from the day of contract signature.
III.1.2) Legal form to be taken by grouping of economic operators to whom the contract is to be awarded (if applicable)N/A
______
III.1.3) Other particular conditions to which performance of the contract is subject
Yes / No

III.2) CONDITIONS FOR PARTICIPATION

III.2.1) Eligibility Requirements:
Request 1. The Economic Operator shall meet the requirements specified in Article 63 of the Public Procurement Law (PPL), the Law No. 04/L-42. PPL can be downloaded from:
Documentary evidence required:
Evidence 1. Declaration under oath, signed by the tenderer by using the form defined in the Tender Dossier, Annex 2.
Evidences on eligibility requirements required by the proposed tenderer to be awarded with contract and to be submitted to the Contracting Authority prior to Publication of Contract Award Notice:

A certificate issued by a court or administrative authorities of the country of establishment of the tenderer regarding the situation refered in Article 65, paragraph 3, subparagraph 3.1,3.3,3.4,3.5 and 3.6 and paragraph 4, subparagraph 4.1, 4.2 and 4.4 ( not older than 6 months prior to the date of tender submission – original or notarized copy required.

A certificate signed by Tax Administration of the country of establishment, the Economic Operator concerned is not delinquent in the payment of taxes and fees at least until the last quarter of the year before submission of tender – copy required

If the Economic Operator proposed to be awarded with the contract fails to submit the document required under point 1 and 2, entitles the Contracting Authority to reject the offer, forfeiture bid security and shall proceed with the contract award with the second ranked Economic Operator.
III.2.2) Professional Suitability:
Requirement 1.Registration as Economic Operator in professional, commercial register and/or enterprise register in your country of establishment:
Requirement 2. VAT certificate
Requirement 3. Certificate of Fiscal Number
Requirement 4. The Economic Operator shall be licensed by the Ministry of Trade and Industry (MTI) of the Republic of Kosovo for import, storage, wholesale, retail and transport of fuel:
Documentary evidence required:
1. Business registration Certificate – copy
2. VAT certificate – copy
3. Certificate of Fiscal Number – copy
4. Copy- Licence on fuel services sector:

Import license,
Storage License
Wholesale license,
Transport license, and

Retail license for petrol station where the Economic Operator providing fuel supply is the owner or rented.

The licences issued by the Ministry of Trade and Industry shall have the validity period.
Regarding the petrol stations expected to be subcontracted, retail licence and subcontracting agreements shall be submitted by the Economic Operator proposed to be awarded with the contract. The documents (retail licenses of the subcontracting petrol stations and contractual agreements) shall be submitted to the Contracting Authority – Central Procurement Agency within 7 days from the request of the Contracting Authority prior to the Publication of the Contract Award Notice.
If the Economic Operator proposed to be awarded with the contract fails to submit the retail licence and contractual agreements for the subcontracting petrol stations, entitle the Contracting Authority to reject the offer, forfeiture bid security and shall proceed with the contract award with the second ranked Economic Operator.
III.2.3) Economic and financial capacity
Requirement 1. Economic Operator shall submit satisfactory evidences to the Contracting Authority on the annual turnover for the last three years ( 2011, 2012,2013) not less than 15,000.000.00 Euro
Documentary evidence required:
Requirement 2. Financial Statement audited by a well-known licensed audit firm or an independent auditor licensed at least for the last three years (2011-2012-2013).
.
III.2.4) Technical and professional capacity
Requirement 1. The Economic Operator shall submit the evidences that it has successfully completed supply with fuel for the last three years (2011-2012-2013) a total sum not less than 7,000.000.00 Euro.
Requirement 2. The Economic Operator shall proved the ownership or rented the transportation means for execution of the contract for at least 3 tankers for diesel and 1 tanker for petrol
Requirement 3. The Economic Operator shall submit a list of petrol stations planning to use for the contract execution. The required petrol Stations points are specified in Annex 7.
Requirement 4. Only for the tenderer proposed to be awarded with the contract and to be submitted to the Contracting Authority prior to Publication of Contract Award Notice.

Statement by the Economic Operator declaring that it shall keep in its storage, without any compensation, fuel confiscated by the Kosovo Customs, approximately 50,000 Litre.

Statement by the Economic Operator declaring in case of fuel crises, the Economic Operator shall keep reserves dedicated to the Central Procurement Agency – Diesel 300.000 Litre and Petrol 50.000 litre.

Statement by the Economic Operator declaring that shall cover any compensation to any damages caused the vehicles of the Contracting Authorities if proven that the damages are caused as a result of poor quality of fuel.

Documentary evidence required:
Evidence 1: Complete Annex 8 of Tender Dossier – List of executed supplies for the last three years.
Evidence 2: List of transporting means for execution of contract along with the valid copies of vehicle registration card. If the transport vehicles are leased, attach the contract with lesser.
Evidence 3. Complete Annex 7 of Tender Dossier – Location of Petrol Station.
Evidence 4. Evidence with technical and professional requirements required by the tenderer proposed to be awarded with the contract and to be submitted to the Contracting Authorities prior to Publication of Contract Award Notice:

Original written statement signed and sealed by the Economic Operator.
Original written statement signed and sealed by the Economic Operator
Original written statement signed and sealed by the Economic Operator

If the Economic Operator proposed to be awarded with contract fails to provide the required documents in point a, b and c, entitles the Contracting Authority to consider such offer as irresponsive one, confiscate bid guarantee and proceed with contract award with second ranked Economic Operator.

III.3) CONDITIONS SPECIFIC TO SERVICE CONTRACTS

Yes / No
III.3.1) Execution of services is reserved to a particular profession
If yes, reference to the relevant law, regulation or administrative provision
III.3.2) Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service
Yes / No

SECTION IV: PROCEDURE

IV.1) TYPE OF PROCEDURE

IV.1.1) Type of Procedure
X Open
IV.1.2) Limitations on the number of the operators who will be invited to tender(restricted or negotiated procedure) N/A
IV.1.3)Reduction of number of the operators during the negotiations(negotiated procedure)
Conduct the negotiations in successive stages
Yes / No

IV.2) AWARD CRITERIA

Tick the appropriate box and delete the other
X Lowest price of the responsive offer

IV.3) ADMINISTRATIVE INFORMATION

IV.3.1) Previous publications concerning the same contract
Yes / No
If yes,
Contract Notice:27.01.2014
Contract Notice Extension of Time Limit: 03.03.2014
IV.3.2) Conditions for obtaining tender dossier
Time limit for receipt of requests for tender dossier, date: 30.05.2014 at 15:00 in written or electronic form via email address:
Yes / No
Payable documents
IV.3.3) Time limit for receipt of tenders:
Date: 02.06.2014 Time: 14:00, Location: Central Procurement Agency, Germia Building, Fifth Floor, Office A-504, Prishtina
IV.3.4) Time limits is shortened for submission of tenders
Yes No
Time limit is shorten due to the fact the most of the contracts of the Contracting Authorities shall expire the validity period. Lack of valid contracts might cause hindrance during the execution on everyday tasks and responsibilities of the Contracting Authorities for which the procurement activity is conducted.
IV.3.5) Is tender security needed:
Yes / No
If yes, the value of tender security: 450,000.00 € for a period of time 120 days.
IV.3.6) Tender validity period is 90 days.
IV.3.7) Tenderopening meeting:
Date:02.06.2014 Time: 14:30, Location: Central Procurement Agency, Germia Building, Fifth Floor, Office A-504, Prishtina

SECTION V: COMPLEMENTARY INFORMATION

V.1) COMPLAINTS

Any interested party may file a complaint with the Procurement Review Body, according to the provisions of Title IX of Law No. 04/L-042, Law on Public Procurement in Kosovo.

V.1.1) ADDRESS OF THE PROCUREMENT REVIEW BODY (PRB)

Official name: Public Procurement Body
Address of the PRB: Str, Garibaldi
Town: Prishtina / Postal code:10 000
Electronic address (if applicable):
Contact person: Ardian Behra / E-mail:
Telephone: +381 (0) 38 213 378 / Fax: +381 (0) 38 213 378

V.2) ADDITIONAL INFORMATION

Note:

Economic operators will be entitled to submit a tender, request to participate and other documents required or permitted to be filed during the conduct of a procurement activity in Albanian, Serbian or English.
The procurement procedures shall be conducted by the Central Procurement Agency on behalf of 37 Contracting Authorities pursuant to Article 95.4 of Public Procurement Law No. 04/L-042.
A pre-bid conference ( not mandatory for the Economic Operator) shall be organised on 22.05.2014 at 14:00 at the premises of the Central Procurement Agency, Germia Building-Floor V, Office A – 504, Prishtinë.

Standard Form “Contract Notice”