GOVERNMENT of MONTENEGRO STANDARD FORM Directorate of Public Procurement Article 35Of Thepublic

GOVERNMENT OF MONTENEGRO STANDARD FORM Directorate of Public Procurement Article 35of thePublic procurement law

ANNOUNCEMENT FORMFOR TENDERING

Pursuant to Article 35 of the Public Procurement Law (Official Gazette of the Republic of Montenegro No. 46/06), Ministry for Economic Development, announces:

INVITATION

no. 10/08

to
Open public procurement procedure for selection of the most favorable bid for developmentof the Strategy forconstruction building development in Montenegro until 2020

1. The data about contract authority

2.Subject of open procurement procedure

Indicate in the invitation whether the offer relates to:

whole procurement

 only on specific parts(name those parts)

3.Conclusion of frameworkagreement (if applicable)

Public procurementprovidesconclusion of frameworkagreement

 yes

 no

4.Estimated value of public procurement190.000€ with value added tax.

5. The criteria for selection of the most favorable bid:

1)the most favourable offer from the point of economy 

or based onfollowing sub-criteria:

a) Quality number of points 60

b) Offered price number of points 20

c ) Terms of developing the Strategy number of points 20

6. The place, date and time for taking over the tender documentation (ransom)

Concernedsuppliers can take over tender documentationin the Ministryfor economicdevelopment-Podgorica, Rimski trg 46, from the contact person, each working day, starting from20.06.2008within the periodfrom 10 to 13 o’clock, or the same will be, on their request, sentby e-mail.

Suppliers who ransom tender documentation have the right to participate in tendering.

In order to take over tender documentationit is necessary topay inirreparablecompensationin amount of 500 euros, to thedrawing account no. 832-978-76, Compensation for ransom of tender documentation – Ministry for economic development, with annotation for tender documentationaccording toInvitationnumber 10/08.

Ifsupplierspayinirreparable compensation for ransom of tender documentationfrom abroad, instructions about payments can be given to them by phone: +382 81 482 387, fax: +382 234 093 or e-mail: .

7.The place, date and time for submitting offers

Suppliers can submit offers each working day from 10 to16 o'clock,12 o'clockinclusive on 15.09.2008, bydirectly delivering it to the archive ofthe Ministryfor economicdevelopment orby special attachment delivery.

Offers shall be submittedin sealed envelopewith annotation ''Do not open beforeofficialsession of theCommission for opening and evaluation of offers'', for INVITATIONnumber 10/08 –Development of the Strategy for construction building developmentin Montenegro until 2020.

8. Guarantee of offer

As a guarantee of offer, supplier shall submitbank guaranteein amount of 2% of value of tender, which shall be validfor the period of 60 days from the of determined for submitting offers.

9.The place, date and time for opening of tender

Public opening of tenderwill be announced on 15.09.2008in13 o'clockat the premises of theMinistryfor economic development.

10.Deadline forthe decision on assigning the contract with supplier: 15 daysfrom the day of opening of tender

11. Changes and amendments of tender documentation

Pursuant toArticle 42 of the Public procurement law, the contract authoritycan make changes and amendments of tender documentation, at least 5 days before term determined for acceptance of tender expired. Prospectivechanges and amendments of tender documentationthe contract authorityshall submit to concerned suppliers.

12. Additional information

Suppliers can, in written form, askfor additional information or explanationsin respect to preparation of the offer, at latest five days before term determined for acceptance of tender expired.

First ratedsupplier will be obliged to,in accordance with provisions of Article 44 of the Public procurement law, submit guarantee for good performing of activity in amount of 5%of value of contract.

13.Contact person

Senada Šahman

+382 81 482 387

TENDER DOCUMENTATION

For

INVITATION

no. 10/08

to

Open public procurement procedure for selection of the most favorable bid for development of the Strategy for construction building developmentin Montenegro until 2020

C O N T E N T

1. PUBLIC INVITATION...... 7
2. INSTRUCTIONS FOR SUPPLIERS FOR PREPARATION OF OFFER ...... 13
3. APPENDICESTO BE SUBMITTED WITH OFFER...... 16

1. CRITERIA FOR SELECTION OF THE MOST FAVORABLE BID…...... 28
2. THE DRAFT CONTRACT...... 30
3. TERMS OF REFERENCE...... 45

1. PUBLIC INVITATION

INVITATION FORM FORTENDERING

Pursuant to Article 35 of the Public Procurement Law (Official Gazette of the Republic of Montenegro No. 46/06), Ministry for Economic Development, announces:

INVITATION

no.10/08

to

Open public procurement procedure for selection of the most favorable bid for development of the Strategy for construction building developmentinMontenegro until 2020

1. The data about contract authority

2.Subject of public procurement

Indicate in the invitation whether the offer relates to:

whole procurement

 only on specific parts (name those parts)

3.Conclusion of framework agreement (if applicable)

Public procurement provides conclusion of framework agreement

 yes

 no

4.Estimated value of public procurement:

Giveestimated value of public procurement in Euros:

190.000€ with value added tax.

5.Conditionsandcapability ofsuppliers:

Legal and natural person with experience and qualifications in accordance with tender documentationhave the right to participate in tendering.

In offering procedure, every supplier has to prove:

-to has no criminal record provided for in the Public procurement law, norhe is prohibited from doing any activity which is the subject of public procurement;

-legal-business capability;

-regularly fulfils the obligations considering the taxes;

-economic-financial capability;

-professional, technical and personnel capability.

The supplier has to submit following evidences that hefulfilsabovementioned obligatory conditions in shape and form provided forin Article 51 of the Public procurement Law:

-a certificate of court, professional or commercial register of statein supplier's residence, and valid permit that is licencefrom authorized body for professionalpursuit of economic activities;

-an evidence that legal entity is not under bankruptcy proceedings or in the liquidation process – confirmation of the court, that is State body;

-an evidence that payments toward supplier or candidate are not suspended- appropriate bank statements, confirmation or statement on financial capability of a bank which account holder is legal entity;

-an evidence that supplier is not sentenced for some criminal act and that he is not prohibited from doing any economy activity–extract fromcriminal recordorappropriate confirmation ofauthorized body:

• an evidence that supplier (liaison person in legal entity – natural person) is not sentenced for some criminal act under Article 46of the Public procurement law – a statement (confirmation)of administration agency authorized for policework (Police department) anda statement (confirmation) of authorizedprimary court that supplieris notin criminal record of that court;
• an evidence that supplier (legal entityseparately forlegal person andseparately forliaison person in legal entity) is not sentenced for economy offence and an evidence that he is not prohibited from doing any economy activity – a statement (confirmation)from an authorized commercial court;
• a report on accounting and financial situation - profit and loss account, that is the report of authorized inspector in cases where it is determined by Accounting Law for the last three years, that is, if the economical company is registers later for the period of registration;

-an evidence from the Tax Agency that the obligation of payment is fulfilled – appropriateconfirmation from the Tax authorities;

-a statement of supplier on its technical equipment: equipment, devices, funds, personnel, capacities, way of providing quality and participation of subcontractors;

If the state, where the suppliers havetheir seat do not give abovementioned evidences, those evidences can be replaced by the statement of the supplier under the criminal and capital responsibility. Namely, if the state where the supplier has its seat has no legal regulations concerning the statements under criminal and capital responsibility, those evidences can be replaced by the statement of supplier given in front of the authorized court or body or notary public.

6. Submitting of common offer

The group of suppliers, whose responsibility is common, can submit the offer.

In case of submitting of common offer, the group of suppliers are obliged to submit the legal act– Consortium agreementaccording to which they are obliged on common performing of procurement if they get the contract. The responsibility of every single supplier for implementation of the contract is precisely determined by this legal act.

Suppliers areobligedto quote the names and professional qualifications of persons responsible for implementation of the contract in offer or requests for participation.

Suppliers submitting common offer are obliged to submitcapability evidence set in Public invitation and tender documentationfor each participant.(Appendix II of tender documentation).

7. Participation of subcontractors

Supplier can engage subcontractors.

If the value of subcontract exceeds the value of 10% of contract value, the supplier providesevidence that his subcontractors also fulfil the terms set inpublic invitationand tender documentationfor subcontractors. (Appendix II of tender documentation).

Rights and obligations ofsuppliers and subcontractors are defined by concluding the Contract between them, which shall beintegral part of the offer.

The supplier is completely responsible for public procurement to the contract authority,no matter what number of subcontractors.

8.Possibility for submitting the alternative offers:

Yes

No

9. The criteria for selection of the most favorable bid:

1) the most favourable offer from the point of economy 

or based uponfollowing sub-criteria:

1) Quality number of points 60

2) Offered price number of points 20

3) Terms of developing the Strategy number of points 20

10.The place, date and time for taking over the tender documentation (ransom)

Concerned supplierscan take over tender documentationin the Ministry for economic development-Podgorica, Rimski trg 46, from contact person, each working day, starting from 20.06.2008 within the period from 10 to 13 o'clock, or the same will be, on their request conveyed by e-mail.

Suppliers who ransom of tender documentation have the right to participate in tendering.

In order to take over tender documentation it is necessary to pay inirreparable compensationin amount of 500 euros, on drawing account no. 832-978-76, Compensation forransom of tender documentation – Ministry for economic development, with annotationfor tender documentation according to Invitation number 10/08.

Ifsupplierspay inirreparable compensation for ransom of tender documentationfrom abroad, instructions about payments can be given to them by phone: +382 81 482 387, fax: +382 81 234 093 or e-mail:

11.The place, date and time for submitting offers

Suppliers submit offers each working day from 10 to 16 o'clockon 15.09.2008inclusiveuntil12 o'clock, bydirectly delivering it to the archive of the Ministryfor economicdevelopment orby special attachment delivery.

Offers submitin sealed envelopewith annotation ''Do not open beforeofficial session of the Commission for opening and evaluation of offers'', forINVITATION number10/08 Development of theStrategyforconstructionbuildingdevelopmentin Montenegro until 2020.

12.The place, date and time for public offer opening

Public opening of offerswill be carried out on15.09.2008in13 o'clockat the premises of the Ministryfor economicdevelopment.

13.Terms ofassigning of public procurement contract

15 days from the day of opening of tender.

14. Changes and amendments of tender documentation

Pursuant to Article 42 of the Public procurement law, the contract authoritycan make changes and amendments of tender documentation, at least 5 days before term determined for acceptance of tender expired. Prospectivechanges and amendments of tender documentationthe contract authorityshall submit to concerned suppliers.

15. Additional information

Suppliers can, in written form, askfor additional information or explanationsin respect to preparation of the offer, at latest five days before term determined for acceptance of tender expired.

First rated supplierwill be oblige to,in accordance with provisions of Article 44 of the Public procurement law, submit guarantee for good performing of activity in amount of 5%of value of contract.

16. Contact person

Senada Šahman

+382 81 482 387

1. INSTRUCTIONS FOR SUPPLIERS FOR PREPARING OF OFFER

1. The data about the contract authority

1. Financial funds: provided from the budget of the Ministryfor economicdevelopment.

1. Estimated value of public procurement: 190.000€ with value added tax.

1. The basic data from the Invitation to tendering

-Number of invitation: 10/08

-Date ofannouncing the Invitation: 20.06.2008

-Address, time and placefortaking over tender documentation: concerned supplierscan take overtender documentationin the Ministryfor economicdevelopment-Podgorica, Rimski trg 46, from contact person, each working day, starting from 20.06.2008 within the period from 10 to 13 o'clock, or the same will be, on their request conveyed by e-mail.

1. Open public procurement procedure: nopossibility of concluding framework agreement.

1. Description of the subject of public procurement: Development of the Strategy forconstruction building developmentin Montenegro until 2020

1. Place of activity: Podgorica.

1. Tender documentationis preparedin accordance withthe Terms of reference.
2. Terms for carrying out the contract: 8 monthsfrom the dayofconcluding the Contract.
3. The language in the public procurement procedure:

Montenegrin language

1. Period of offer validness: 60 days from the day of offer opening.

1. The place, date and time for submitting offers:

Offers (original and 2 copies) shall be submittedin sealed envelope indicating: the number of Invitation and »DO NOT OPEN BEFORE OFFICIAL SESSIONOF THE COMMISSION FOR OPENING AND EVALUATION OF OFFERS«.

Offers are addressed on: the Ministryfor economicdevelopment, Podgorica-Rimski trg 46 ordirectly delivered to the archive of the Ministryfor economicdevelopmentby15.09.2008 (until12 o'clock, in sealed envelope as it is set in instructions for preparing offers).

1. The form of offer

Suppliersubmit offer (original and 2 copies) in written form, using the standard Tender Form included in the tender documentation, verified with the signature of authorized person.

Supplier submits offer by filling in requesteddataaccording to given appendices, which areintegral part of tender documentation.

All documents submitted with offer, shall betape-wound and sealed so that single pages, that is appendices, can not be subsequentlyinserted,removed or replaced, without apparently damaging the pages or the seal.

Supplier submits offerwith all required evidences in sealed envelope, addressed on the contract authority. On the envelope shall be put:

• The name and the address of the contract authoritystated in the Invitation for tendering,
• The name and the number of Invitation,
• With annotation:«DO NOT OPEN BEFORE OFFICIAL SESSIONOF THE COMMISSION FOR OPENING AND EVALUATION OF OFFERS »
• At the back side of the envelopewritethe name and the address of the supplier, so that the offer could be returned to supplier unopened in case it is determined that it untimely arrived.

1. The place, date and time for opening of tender:

All concerned suppliers are invited to public opening of tender, which will take place after theterm determined for acceptance of tender expired, 15.09.2008 in13 o'clock at the premises of the Ministry for economic development.

1. Deadline forthe decision on assigning the contract with supplier: 15 (fifteen) days from the day of opening of tender.

1. The criteria for selection of the most favorable bid

(Article 66 of the Public procurement law) the most favourable offer from the point of economy with the following sub-criteria:

Point rating is givenin tender documentation.

1. The draft contract

The draft contract is given in tenderdocumentation. Supplier can submitcomments onthe proposeddraft Contract (taking into account that those comments do not represent material –or large deviations, which can result with rejection of offer).

1. Legal instruction

Every supplier, who participated in the public procurement procedure, can make an objection to the contract authority because of the irregularity during the public procurement procedurein accordance with Articles 87 and 88 of the Public procurement law.

3. APPENDICES SUBMITTED WITH OFFER

APPENDIX I

THE DATA ABOUT SUPPLIER

NAME OF SUPPLIER ______

ADDRESSOF SUPPLIER ______

CONTACT PERSON ______

TELEPHONE ______

FAX ______

ELECTRONICMAIL (E-MAIL) ______

INTERNET SITE (WEB) ______

TAX NUMBER ______

ACCOUNT NUMBER ______

REGISTRATION NUMBER OF THE APPLICATION

FORREGISTERINGTRIBUTARIES ______

PERSON RESPONSIBLE FORSIGNING THE CONTRACT ______

TIME AND PLACE THEAUTHORIZEDSIGNATURE

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APPENDIX II

EVIDENCE OF SUPPLIER'S CAPABILITY (ARTICLE 51. of the PUBLIC PROCUREMENT LAW)

Not sentenced for some criminal actprovided for in this Law, he is prohibited from doing the activity that is the subject of public procurement:

1. Evidence that supplier is not finally convictedfor criminal act under Article 46of the Public procurement law nor he is prohibited from doing any economy activity-extractfromcriminal recordor appropriate confirmationofauthorized body:
2. an evidence that supplier (liaison person in legal entity – natural person) is not sentenced for some criminal act under Article 46of the Public procurement law – a statement (confirmation)of administration agency authorized for policework(Police department) anda statement (confirmation)authorizedprimary court thatsupplieris notin criminal record of that court;
3. an evidence that supplier (legal entity separately forlegal person andseparately forliaison person in legal entity) is not sentenced for economy offencenor he is prohibited from doing any economy activity – a statement (confirmation) from an authorized commercial court.

Legal-business capability: