1. Publication reference
EuropeAid/119902/D/W/RO

2. Procedure
International Open Tender

3. Programme
Phare 2002 Programme

4. Financing
RO 2002/000-586.05.02.03.02.02

5. Contracting authority
Ministry of European Integration
General Directorate for Regional Development
12th Libertatii st, Bucharest 5, Romania

CONTRACT SPECIFICATIONS

6. Contract description

The project’s aim is the improvement in water quality and capacity assurance of the drinking water treatment, distribution and transport system in Dorohoi, Darabani and Saveni towns. The scope of proposed work is summarized below:

• installation of more than 28 km of distribution system pipework incorporating more than 150 valve chambers, 280 fire hydrants;
• installation of more than 9 km of transmission mains pipework incorporating more than 20 valve chambers;
• construct more than 2,400 new consumer service connections and install more than 2,400 consumer meters;
• rehabilitation of a 1,000 m3 storage reservoir in Saveni;
• rehabilitation of pumping stations in Saveni (1) and Darabani (1);
• construction of a new water treatment plant in Saveni and new treatment facilities in Darabani;
• rehabilitation of the chlorination facilities in Dorohoi.

The project will be tendered based on FIDIC Conditions of Contract for Construction Red Book, 1999.

7. Number and titles of Lots
The Works are not divided into Lots (sections)

CONDITIONS OF PARTICIPATION

8. Eligibility and rule of origin
Participation is open on equal terms to all natural and legal persons [participating either individually or in a grouping (consortium) of tenderers of the Member States of the European Union and the countries and territories of the regions covered and/or authorised by the Regulation or other specific instruments applicable to the programme under which the contract is financed (see also heading 21 below). All goods supplied under this contract must originate in these countries.

9. Grounds for exclusion
Tenderers must submit a statement 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 financed by the general budget of the European Communities in the context of external actions.

10. Number of tenders
Tenderers (including firms within the same legal group, other members of the same consortium, and sub-contractors) may submit only one tender. 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
Tenders must provide a tender guarantee of EURO 63,000 when submitting their tender. This guarantee will be released to unsuccessful tenders once the tender procedure has been completed and to the successful tender(s) upon signature of the contract by all parties.

12. Performance guarantee
The successful tender will be asked to provide a performance guarantee of 10% of the contract value in Euro when countersigning the contract. This guarantee must be provided 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
One information meeting and site visit will be held on August 30, 2004, 10:00 hours local time at:

Botosani County Council
Botosani 6800, Piata Revolutiei 1-3
Tel/fax: +40231514712/ +40231515020

According with clause 7 from Instruction to Tenderers, tenderers are requested to inspect the site of works during period August 1 – 21st , 2004.
For confirming the participation, an information fax shall be sent to MEI.

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

15. Period of execution
Time for Completion of the Works shall be 18 months after the signature of the Contract by all parties.
The defects Notification Period shall be 365 days.

SELECTION AND AWARD CRITERIA

16. Selection criteria

The minimum selection criteria for each Tenderer are as follows:

1. He must be a registered firm or natural person legally capable of carrying out the specified works.
2. The Tenderer or, in case of a joint-venture, the leading partner of the joint venture must satisfy the minimum qualifications required below:
3. The average annual turnovers in the past 3 years must be of at least equivalent to EUR 9 million.
4. If he is a sole Tenderer (i.e. he may have subcontractors, but he is not a partner in a Joint Venture/ Consortium for the purposes of the Tender) he shall carry out at least 70 % of the Contract Works by his own means, defined as meaning that he must have the equipment, materials, human and financial resources necessary to enable him to carry out this percentage of the Contract.
5. If he is a sole Tenderer, or, in case of a joint-venture, if he is the leading partner of the joint venture, he also must have access to credit adequate to assure the required cashflow for the duration of the Contract. In any case the credit amount should exceed EURO 1.7 million or the equivalent in local currency, must be provided by a recognized bank and must be designated specifically for the project.
6. If he is the lead partner in a joint venture/consortium, he must have the ability to carry out at least 50% of the contract works by his own means, as defined in Subclause 4 above.
7. If he is another partner in a joint venture/consortium (i.e. not the lead partner) he must have the ability to carry out at least 10% of the contract works by his own means, as defined in Subclause 4 above.
8. The Tenderer (Sole Tenderer or Join Venture/ Consortium) must have completed at least 3 projects of the same nature/amount/complexity comparable to the works concerned by the tender over the last 5 years (1999-2004). Copies of the respective certificates of final acceptance signed by the supervisors/contracting authority of the projects concerned or sworn statements by contracting authorities duly notarised must be included in the tender.
9. All his key personnel must have at least 8 years' appropriate experience and proven qualifications relevant to works of a similar nature to this project.
10. An economic operator / tenderer may, where appropriate and for a particular contract, rely on the capacities of other entities = resource companies, regardless of the legal nature of the links which it has with them. It must in that case prove to the Contracting Authority that it will have at its disposal the resources necessary for performance of the contract, for example by producing an undertaking of the part of those entities = resource companies to place those resources at its disposal.

Tenders submitted by companies in partnerships forming a joint venture/consortium must also fulfil the following requirements:

• The tender must include all the information required above for each partner of the joint venture/consortium and the summary data for execution of works by the tenderer.
• One partner must be appointed lead partner and that appointment confirmed by submission of powers of attorney signed by legally empowered signatories representing all the individual partners.
• The tender must include a preliminary agreement or letter of intent stating that all partners assume joint and several liability for the execution of the contract, that the lead partner is authorised to bind, and receive instructions for and on behalf of, all partners, individually and collectively, and that the lead partner is responsible for execution of the contract, including payments.
• All partners in the joint venture/consortium are bound to remain in the joint venture/consortium for the whole performance period of the contract.

17. Award criteria
The evaluation Committee shall select the Tenderer whose Tender has been determined to meet the administrative and technical criteria, and has offered the lowest price

TENDERING

18. How to obtain the tender dossier
The tender dossier is available from Ministry of European Integration, 12 Libertatii Blvd., 5th floor, room 459B, tel. 0040 21 410 6546, fax 410 7054, upon payment of Euro 500, which excludes courier delivery.

Payment for the Tender Documents should be transferred in the bank account specified below:

Bank account: RO63ABNA4100264100206020
Account Holder: Ministry of European Integration
Bank name: ABN AMRO Bank Bucuresti
Bank address: 2 Expozitiei Blvd, Sector 1, Bucharest, Romania, PoBox 25-11
SWIFT: ABNAROBU

The Tender Dossier is also available for inspection at the premises of the Contracting Authority (Ministry of European Integration). 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 Ministry of European Integration, 12 Libertatii Blvd, Sector 5, Bucharest, Fax 0040 21 410 70 54 (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.

19. Deadline for submission of tenders
Tenders must be received at the latest on 25 October 2004, at 12:00 hours local time and at the following address:

• Ministry of European Integration, 12 Libertatii Blvd., 5th floor, room 459B, tel. 0040 21 410 6546
  by registered letter with acknowledgment of receipt or hand-delivered against receipt signed by an authorise representative.

Any tender received after this deadline will not be considered.

20. Tender opening session
The public opening session will take place on 25 October 2004, 14:00 local time at the Ministry of European Integration on the address specified under point 19.

21. Legal basis

• Financing Memorandum for 2002 PHARE National Programme for Romania
• Council Regulation (EC) No. 769/2004 of 21 April 2004 amending Regulations (EEC) No. 3906/89, (EC) No. 555/2000, (EC) No.2500/2001, (EC) No.1268/1999 and (EC) No.1267/1999 in order to allow the Stabilisation and Association Process countries to participate in tenders organised under the pre-accession Community assistance programmes.

22. Suspension Clause

Contract’s signature will be subject of prior conclusion of Co-financing Agreement between Government of Romania and International Financing Institutions. In no circumstances will the Contracting Authority be liable for damages whatever their nature or relationship to the cancellation of a tender.