Construction of New Building of 

Transit Postal Centre in Fushe Kosove

UNMIK
Deadline: December 11th 2006

CONTRACT NOTICE FOR OPEN PROCEDURE - WORKS
Normal time limits
According to Section 38 of Law No. 2003/17, Law on Public Procurement

The English version, where it has been prepared, shall control.

SECTION I CONTRACTING AUTHORITY IDENTIFICATION
Name of CA Post and Telecommunication of Kosova JSC (PTK) Contact Person: Procurement department
  e-mail: procurement@ptkonline.com
Address  Dardania n/n street Postal code  10100
Town  Prishtina Region  Kosove
Telephone + 381 38 549 754 Fax + 381 38 542 771
e-mail procurement@ptkonline.com URL:  ptkonline.com

SECTION II OBJECT OF THE CONTRACT

II.1) TITLE OF THE CONTRACT
Construction of New Building of Transit Postal Centre in Fushe Kosove

2) DESCRIPTION OF THE OBJECT OF THE CONTRACT

II.2.1 Classification (CPV) 45
[minimum 2 first digits of CPV, cf. www.simap.eu.int]

II.2.2 Material terms and conditions, nature, scope, extent
The object of the contract is the construction by the economic operator of the following works to the contracting authority:
Construction of New Building of Transit Postal Centre in Fushe Kosovë

II.2.3  Any options of supplementary works – material terms and conditions, nature, scope, extent – as appropriate:
Refer to technical specification in the Tender dossier

II.2.4 The object of the contract is composed of no lots

II.2.5 Mandatory technical specifications
The works must fully comply with the technical specifications set out in the tender dossier and conform in all respects with the drawings, descriptions, models, measurements and other instructions.

II.2.6 Variants are not accepted

II.2.7 Type of Contract
unit-price.

II.2.8 Sources of financing and payment terms (in case of large value contract):
Source of financing are PTK funds

II.3) DELIVERY REQUIREMENTS AND CONDITIONS

II.3.1 Places  for execution of the works or performance of the construction:
Transite Postal Center in Fushe Kosove Prishtinë, Kosovë

II.3.2 Delivery conditions:
DDP as per the incoterm 2000

II.3.3 Time limits for start and/or completion of the contract
The work should start after 10 days from the signature of the contract and is expected to be completed within 12 months from the starting date

SECTION III REQUIREMENTS TO TENDERERS
You as economic operator submitting a tender, have to comply with all the following requirements. Any failure in any requirement will eliminate your tender from the competition.

III.1) SELECTION CRITERIA

III.1.1) Eligibility requirements (according to Section 61 of Law No. 2003/17):
1. An economic operator shall not be eligible to participate in a procurement activity or in the performance of any public contract if such economic operator, or any employee, executive, manager or director thereof:
a. participated in the preparation of the concerned contract notice or tender dossier, or any part thereof, being used by the concerned contracting authority; or
b. received assistance in preparation of its tender or requests to participate from a person or undertaking who or that participated in the preparation of the concerned contract notice or tender dossier, or any part thereof.

2. An economic operator shall not be eligible to participate in a procurement activity or in the performance of any public contract if such economic operator, or any executive, manager or director thereof, has, in the past ten years:
a. been determined by a court of competent jurisdiction to have committed a criminal or civil offence involving corrupt practices, money laundering, bribery, kickbacks or activities described, or similar to those described, in Section 117.1 of Law No. 2003/17, under the laws or regulations applicable in Kosovo or any country, or under international treaties or conventions;
b. been declared ineligible, by reason of conduct such as that described above, by any bank, institution or organization providing funds for general development, public investment or reconstruction;
c. been determined by a court of competent jurisdiction to have committed a serious offence by participating in the activities of a criminal organization, defined as a structured association established over a period of time and operating in a concerted manner to achieve financial gain through activities that are criminal or otherwise illegal where they take place; or
d. been determined by a court of competent jurisdiction to have committed an act of fraud or an act equivalent to fraud;
e. been determined to have engaged in unprofessional conduct by a court of competent jurisdiction, administrative agency or organization responsible for enforcing standards of professional conduct; or
f. been determined by the Public Procurement Regulatory Commission on the basis of substantial evidence, to have engaged in serious professional misconduct or made serious misrepresentations in documents submitted in connection with a procurement proceeding or activity governed by public law in Kosovo or elsewhere.

3. An economic operator shall not be eligible to participate in a procurement activity or in the performance of any public contract if such economic operator:
a. has, in the past two years, been adjudged to be bankrupt or insolvent by a court of competent jurisdiction;
b. is being wound up or administered, or its affairs are being wound up or administered, by a court of competent jurisdiction;
c. currently has in place an agreement or arrangement with its creditors providing for extended or reduced terms of payment if such terms were agreed to by such creditors because the economic operator had previously been unable to satisfy its obligations as they came due;
d. is in any situation analogous to a, b or c above arising from a similar procedure under the laws of its place of establishment or of a place where it conducts business;
e. is currently the subject of a judicial or administrative order suspending or reducing payments by or to such economic operator and resulting in the total or partial loss of the economic operator’s right to administer and/or dispose of its property;
f. is currently the subject of legal or administrative proceedings that may result in a judicial or administrative order suspending or reducing payments by or to such economic operator if such proceedings may also result in the economic operator being adjudged bankrupt or insolvent;
g. has, in the past three years, been adjudged by a court of competent jurisdiction to have seriously breached a contract with any public entity, public authority or public undertaking in Kosovo or elsewhere;
h. is currently delinquent in the payment of any social security contributions in Kosovo or the economic operator’s country of establishment;
i. is currently delinquent in the payment of taxes in Kosovo or the economic operator’s country of establishment; or
j. has not yet complied with an order issued by the Public Procurement Regulatory Commission or a review panel.
a. 2003/17, Section 61, as stated in this Section III.1.1), shall be submitted (Error! Reference source not found.).
b. One signed statement from the Tax Administration of your country of establishment, that you are not delinquent in the payment of taxes at least till the last quarter before submission of the tender, shall be submitted.
In case a tender is submitted by a group of economic operators, all members of such group shall meet the eligibility requirements and provide evidence of their eligibility according to this Section III.1.1.
III.1.2) Professional suitability requirements (according to Section 62 of Law No. 2003/17):
a. Registration as economic operator in professional, commercial and/or corporate register in your country of establishment.
b. The tenderer should be licensed for construction works in it’s own country of establishment.

Requirement(s) to each group member in case the tenderer is a group of economic operators:
a. Each group member must be a legal entity.
b. Same criterion applies for each group member

The following documentary evidence that you are professionally suitable is required:
a. Copy of Business Registration Certificate or similar document proving that the tenderer is a legal entity.
Note: The tenderers should be aware that in the event of the award of the contract the tenderer or its subsidiary should be registered for VAT in Kosova
b. For local Economic Operators - copy of Lincence for construction works issued by MTI of Kossova (copyed in both sides).
For international Economic Operators - copy of licence for construction works issued by the proper authorities of their country of establishment.

III.1.3) Economic and financial standing requirements (according to Section 63 of Law No. 2003/17, if applicable):
Requirement(s):
• The tenderer should have total revenues equal to at least 100% of its tender price during last three full financial years (2003, 2004 and 2005).
Requirement(s) to each group member in case the tenderer is a group of economic operators:
The group (consortium) members should solely or jointly fulfil the criteria listed above

One of the following documentary evidence of your economic and financial standing is required:

a. Original bank statement with transaction details from one or more banks during the last three (3) full financial years (2003, 2004 and 2005).
b. Copies of income statements and management reports for the last three (3) full financial years (2003, 2004, 2005) certified by a reputable licensed auditing firm.
c. Certified copies of balance sheets or extracts from balance sheets for the last three (3) full financial years (2003, 2004 and 2005) (if publication of such balance sheets is required under the law of your country of establishment).

If an economic operator desires any provided information relating to this Section III.1.3 to be classified and treated by the contracting authority as confidential business information, a written request must be submitted by using the form in Error! Reference source not found..

III.1.4) Technical and/or professional capability requirements (according to Section 64 of Law No. 2003/17, if applicable):
Requirement(s):
a) The Tenderer shall have a certain minimum number of personnel as defined in Form B1 – Personnel (in the tender document Annex 2).
b) During the last 3 Years prior to deadline for submission of tenders, the tenderer should have completed at least one Construction Project with value to at least 500,000 Euro.
c) The Tenderer shall own, lease, hire or have access to certain equipment and machinery.
d) Each Tenderer should provide a Dynamic plan 

Requirement(s) to each group member in case the tenderer is a group of economic operators:
The group (consortium) members should solely or jointly fulfil the criteria listed above

The following documentary evidence of your technical and/or professional capability is required:
a. Evidence shall be provided by a declaration by the Tenderer of the staff he has, with a list of personnel to be committed detailing their particular skills. CV’s and copies of diploma must be provided for Key Personnel (as specified in the tender document in Form B1 – Personnel of Annex 2).
b. The tenderer should provide satisfactory reference/s issued by the prior employer/s. In order to be acceptable, the reference/s should indicate the value, date, nature and site of the works projects and/or construction activities completed (if the reference/s does not specify the above, then it should be accompanied with the contract).
c. Relevant documentation proving ownership of the machinery/equipment or contracts for rent, lease or hire, attached with the relevant evidence should be provided. The list of the equipment/machinery is defined in Form B2 –EQUIPMENT of Annex 2.
d. Statement of Methodology/Work Plan/Schedule of Works together with a GANT chart detailing the proposed schedule
If an economic operator desires any provided information relating to this Section III.1.4 to be classified and treated by the contracting authority as confidential business information, a written request must be submitted by using the form in Error! Reference source not found..

III.2) SECURITY REQUIREMENTS

III.2.1) Tender security required of all tenderers
You have to post a tender security of an amount of 75,000 (seventy five thousand) Euro for a validity period of 150 days

III.2.2)  Performance security required of the winning tenderer
In case of awarding this contract to you as economic operator, you will have to post before the signature of the contract a performance security of 15 % of total tender price

SECTION IV TENDER REQUIREMENTS, OPENING OF TENDERS

IV.1) TIME LIMIT AND PLACE FOR SUBMISSION OF TENDERS
Tenders shall be received by the contracting authority at the latest:
Date : 11.12.2006 Time: 12:00 Place: PTK-JSC  Headquarter Dardania,Prishtina floor VI,office 603

IV.2) LANGUAGES IN WHICH TENDERS CAN BE DRAWN UP
An economic operator may submit tender or other documents required or permitted to be filed in connection with the procurement procedure in the Albanian, Serbian or English languages.

IV.3) TENDER VALIDITY PERIOD
Tenders shall be valid for 120 calendar days from the deadline stated in SECTION IV.1 of this notice for submission of tenders.
A tenderer may not withdraw its tender after the deadline for submission of tenders and prior to the expiration of the tender validity period.

IV.4) TENDER OPENING MEETING
Every tenderer have the right to have a representative present to observe the opening of tenders, which takes place:
Date: 11.12.2006 Time: 12:30 Place: PTK-JSC  Headquarter Dardania,Prishtina floor III, amphitheatre 

SECTION V CONTRACT AWARD CRITERIA
Lowest price

SECTION VI REQUEST FOR TENDER DOSSIER
Tender dossier may be requested in writing by economic operators with the contracting authority as identified in SECTION I at the latest on 08.12.2006
The tender dossier is available in hard or soft copies. All drawings are only available in electronic copy and can only be viewed using the following programs:
• ArchiCAD 9.0
• AutoCAD 2005
• ArmCAD 2000

A complete set of Tender Documents, in English, Albanian or Serbian may be obtained by interested tenderers after presentation of a written application on the below address and the proof of payment of a non-refundable fee of EURO 50.00 which must be paid at the Raiffeisen Bank Post and Telecommunication of Kosova J.S.C into account no: 1501001004713128, any working day from 09:00 to 11:00 and from 13:00 to 16:00 hrs.

SECTION VII COMPLAINTS
Any interested party may file a complaint with the Public Procurement Regulatory Commission, address:
KRPP,rr.Fehmi Agani”nr.43, Prishtinë
according to the provisions of TITLE VIII of Law No. 2003/17.