INSTRUCTIONS TO THE PARTICIPANTS

ON THE TERMS AND CONDITIONS FOR CONDUCTING AN OPEN PROCEDURE FOR ATTRACTING AND SELECTING PARTNERS FOR JOINT PROJECT ACTIVITY: "INNOVATION HUB FOR DIGITALIZATION AND BIO TECHNOLOGIES IN AGRICULTURE", ACCORDING TO NATIONAL PROGRAM: "STRATEGY FOR DIGITALIZATION OF AGRICULTURE OF AGRICULTURE AND AGRICULTURE"

Dear Ladies and Gentlemen,

Institute of Precision Agriculture, Plovdiv, 12 Bratanitsa Str., Invites all interested parties to participate in an open procedure for attracting and selecting project partners: "Innovative Hub for Digitization and Biotechnology in Rural Areas" Farm ” within the national program, "Strategy for Digitization of Agriculture and Rural Areas in the Republic of Bulgaria".
This documentation has been prepared in order to help you get acquainted with the conditions and to prepare your offers for participation in the procedure in accordance with the provisions of the Public Procurement Act (PPA). The bids of the participants will be accepted every working day from 09.00 to 16.00 within 40 calendar days, including from the date of sending the announcement. The offers are submitted electronically by e-mail: office@ipagro.bg , and the originals by mail at the address: Plovdiv, 12 Bratanitsa Str. or by hand from 09:00 to 16:00 in the office at the same address. The date of dispatch of the notice is indicated in the notice itself. The bids will be reviewed by a commission for review, evaluation and ranking, which will begin its work on the first working day after the deadline for submission of bids, at 11.00 in the building of the Institute of Precision Agriculture in. Plovdiv, 12 Bratanitsa Street. Each bidder will be notified in writing of the results of the evaluation of the bid submitted by him.

CONDITIONS FOR PARTICIPATION IN THE PROCEDURE

  1. Requirements for participants.
    1. Any natural or legal person, as well as their associations, which meets the requirements provided in the Public Procurement Act / PPL /, and the requirements of the Assignor, may participate in the announced open procedure. specified in this documentation for participation.
    2. When the participant is a consortium, the participants in the consortium should conclude a contract / agreement with each other.
      1. The contract / agreement must contain clauses guaranteeing:
        • that all members of the association are responsible, jointly and severally, by law for the implementation of this public procurement;
        • that a member of the group / consortium is authorized to oblige, to receive instructions for and on behalf of each member of the group;
        • that the execution of the public procurement, including the payments, is the responsibility of an authorized member of the consortium / consortium;
        • that the association / consortium has been established with a term until the final implementation of the public procurement and all members of the association are obliged to remain in it until the final implementation of the public procurement;
        • that all members of the association / consortium are responsible jointly and severally for the quality implementation of the public procurement, until the end of the warranty period under the signed contract for the implementation of this public procurement, regardless of the period for which the association / consortium is established.
      2. The participants in the consortium / consortium must designate one person to represent the consortium in the implementation of this procurement. No changes in the composition of the association are allowed after the submission of the offer.
      3. Where the participant is a consortium / consortium but has not submitted the contract / agreement for the establishment of the consortium, or the submitted contract does not contain clauses guaranteeing the fulfillment of the specified conditions, or the composition of the consortium is changed after the submission of the bid - the bidder will be removed from participation in the procedure for awarding this public procurement.
      4. The agreement must contain information on which member (s) of the association will be directly involved in the implementation of the activities on the subject of the public procurement.
    3. When the participant is an association, each member of the association submits the necessary documents according to art. 56, para 3, item 1 of the Public Procurement Act and those required in the public procurement documentation. The documents under Art. 56, para. 3, item 2 of the Public Procurement Act shall be submitted only for the participants through which the association proves its compliance with the selection criteria under Art. 25, para. 2, item 6 of the Public Procurement Act.
    4. The contracting authority has the right to require each participant to prove its registration in one of the professional or commercial registers of the country in which it is established, or to submit a declaration or certificate of such registration from competent authorities in accordance with its national law. In order to be admitted to the procedure of a participant established in another Member State of the European Union, the Contracting Authority will not require obtaining a certificate or registration document from an administrative body if the participant submits an equivalent document issued by the country in which it is established.
  2. A participant shall be excluded from participation in the public procurement procedure:
    1. In which the circumstances under Art. 47, para 1, para 2 and para 5 of the Public Procurement Act are present.
      • was convicted of a crime against the financial, tax or social security system, including money laundering, under Art. 253 - 260 of the Penal Code, for bribery under Art. 301-307 of the Penal Code, for participation in an organized criminal group under Art. 321 and 321a of the Penal Code, as well as for a crime against property under Art. 194 - 217 of the Penal Code or against the farm under Art. 219 - 252 of the Penal Code, unless he is rehabilitated;
      • has been declared bankrupt;
      • is in liquidation proceedings or is in a similar procedure under national laws and regulations;
      • is in open bankruptcy proceedings, or has entered into an out-of-court agreement with its creditors within the meaning of Art. 740 of the Commercial Law, and in case the participant is a foreign person - is in a similar procedure according to the national laws and by-laws, including when his activity is under the order of the court, or the participant has ceased his activity;
      • has obligations within the meaning of Art. 162, para 2, item 1 of the Tax-insurance procedural code to the state and to the municipality, established by an entered into force act of a competent body, unless rescheduling or deferral of the obligations, or monetary obligations, related to the payment of social security contributions or taxes in accordance with the legal rules of the country in which the participant is established;
      • is guilty of non-performance of obligations under a public procurement contract, proven by the contracting authority by an effective court decision.
      • was convicted with an effective sentence for a crime under Article 313 of the Penal Code in connection with the conduct of public procurement procedures.
      • in the presence of circumstances provided for in Article 93, paragraph 1, letter "e" of Regulation № 1605/2002 of the Council of the EU.
      • an administrative penalty has been imposed for the employment of illegally staying foreigners for the last 5 years.
    2. When the participants are legal entities, the requirements of art. 47, para. 1, item 1 and para. 2, item 2a and item 5 of the Public Procurement Act shall be applied as follows:
      • In case of a general partnership - for the persons under Art. 84, para. 1 and Art. 89, para. 1 of the Commercial Law;
      • In case of a limited partnership - for the persons under Art. 105 of the Commercial Law, without the limited partners;
      • In case of limited liability company - for the persons under art. 141, para. 2 of the Commercial Law, and in case of a sole proprietorship with limited liability - for the persons under Art. 147, para. 1 of the Commercial Law;
      • In case of a joint stock company - for the authorized persons under art. 235, para. 2 of the Commercial Law, and in the absence of authorization - for the persons under Art. 235, para. 1 of the Commercial Law;
      • In case of a limited partnership with shares - for the persons under Art. 244, para. 4 of the Commercial Law;
      • In case of a sole trader - for the natural person - trader;
      • In all other cases, including for foreign persons - for the persons representing the candidate or participant;
      • In the cases under items 1 - 7 - and for the procurators, when there are such; when a foreign person has more than one procurator, the declaration shall be submitted only by the procurator, in whose representative power the territory of the Republic of Bulgaria is included, respectively the territory of the state in which the procedure is conducted at assignor under art. 7, item 2.
    3. Candidates or participants may not participate in a public procurement procedure:
      • In which the persons under Art. 47, para 4 are persons related to the assignor or to employees of a leading position in his organization;
      • Who have concluded a contract with a person under Art. 21 or 22 of the Law on Prevention and Establishment of Conflict of Interest.

      • ***" Related parties "within the meaning of §1, item 1 of the additional provision of the Law on Prevention and Establishment of Conflict of Interest are the spouses or persons who find in de facto cohabitation, relatives in the direct line, in the collateral line - up to the fourth degree inclusive, and relatives by marriage - up to the second degree inclusive, as well as natural and legal persons with whom the person holding a public office is in economic or political relationships that raise reasonable doubts about his impartiality and objectivity.

      • *** When the participant is a foreign legal entity, he must comply with items 2.1, 2.2 and 2.3 in the country in which he is established.

      • *** In case the applicant participates as a consortium, the above requirements apply to each member of the consortium / consortium separately, as well as to the consortium / the consortium as a whole.

    4. Who has submitted a tender that does not meet the pre-announced conditions of the contracting authority or is inconsistent with the announced conditions and requirements in this documentation for participation.
    5. Who has declared consent to participate as a subcontractor in the offer of another participant.
    6. In which the conditions of art. 55, para 6 of the Public Procurement Act are not fulfilled.

    PREPARATION AND SUBMISSION OF OFFERS

  3. Within the term indicated by the Assignor, the Participant should submit an offer, prepared according to the sample of the documentation for participation. It shall be presented in a sealed non-transparent envelope by the participant or by a representative authorized by him in person or by mail by registered letter with acknowledgment of receipt. On the envelope the bidder shall indicate an address for correspondence, telephone and, if possible, fax and e-mail address, the name of the subject of the order and the unique identification code determined by the Assignor.
  4. The offer is prepared according to the attached form in the documentation - Form №1 and consists of three parts - three separate sealed opaque and inscribed envelopes, as follows:
    • ENVELOPE № 1 with the inscription: "Selection documents" , in which the documents required by the assignor according to art. 56, para. 1, items 1 - 6, 8, 12 - 14 of the Public Procurement Act, referring to the criteria for selection of the participants;
    • ENVELOPE № 2 with the inscription: "Proposal for execution of the order" , in which the documents related to the execution of the order are placed, according to the one chosen by the assignor criterion and requirements specified in the documentation;
    • ENVELOPE № 3 with the inscription: "Offered price" , which contains the price offer of the participant.

      Envelope Contents № 1 “SELECTION DOCUMENTS”:

    1. Offer - Sample № 1 ;
    2. List of all documents contained in the offer , signed and stamped by the participant / representative - Model № 2 ;
    3. Administrative information for the participant - fill in the appendices to this documentation Model № 3 ;
    4. Copy of the registration document or unified identification code according to art. 23 of the Commercial Register Act, when the participant is a legal entity or a sole trader, a copy of an identity document, when the participant is a natural person. When the participant is an association - a document signed by the persons in the association, in which the representative must be indicated. Contract or agreement for the establishment of the association (original or notarized copy), when the participant is an association that is not a legal entity. The documents under this item shall be submitted for each natural or legal person included in the association. When the participant in the procedure is a foreign legal entity or their associations, the document shall be submitted in an official translation. When a unified identification code is not presented according to art. 23 of the Commercial Register Act, the participants are obliged to present a certificate of current status - a certified copy, issued no more than 2 months before the date of opening the bids.
    5. Evidence of the economic and financial condition, as well as of technical capabilities and qualifications - shall be proved by the documents specified by the contracting authority in the public procurement notice and in specific requirements and instructions on the procedure from the documentation for participation. When the participant in the procedure is a foreign legal entity or association, the documents shall be submitted in translation. Where, for objective reasons, the tenderer is unable to provide the documents requested by the contracting authority, he may prove his economic and financial standing by any other document which the contracting authority considers appropriate.
    6. Declaration for absence of the circumstances under art. 47, para 1, item 1 b. from "a to e" and para. 2, item 2a and item 5 of the Public Procurement Act Model № 4 . The declaration is filled in by the persons as follows:
      • In case of a general partnership - for the persons under Art. 84, para. 1 and Art. 89, para. 1 of the Commercial Law;
      • In case of a limited partnership - for the persons under Art. 105 of the Commercial Law, without the limited partners;
      • In case of limited liability company - for the persons under art. 141, para. 2 of the Commercial Law, and in case of a sole proprietorship with limited liability - for the persons under Art. 147, para. 1 of the Commercial Law;
      • In case of a joint stock company - for the authorized persons under art. 235, para. 2 of the Commercial Law, and in the absence of authorization - for the persons under Art. 235, para. 1 of the Commercial Law;
      • In case of a limited partnership with shares - for the persons under Art. 244, para. 4 of the Commercial Law;
      • In case of a sole trader - for the natural person - trader;
      • In all other cases, including for foreign persons - for the persons representing the candidate or participant;
      • In the cases under items 1 - 7 - and for the procurators, when there are such; when a foreign person has more than one procurator, the declaration shall be submitted only by the procurator, in whose representative power the territory of the Republic of Bulgaria is included, respectively the territory of the state in which the procedure is conducted at assignor under art. 7, item 2.
    7. Declaration for absence of the circumstances under art. 47, para 1, item 2, item 3 and para. 2, item 1, item 3 and item 4 of the Public Procurement Act - Model № 5 . The declaration is filled in by the persons representing the participant.
    8. Declaration for absence of the circumstances under art. 47, para 5 of the Public Procurement Act - Model № 6 . The declaration is filled in by the persons as follows:
      • In case of a general partnership - for the persons under Art. 84, para. 1 and Art. 89, para. 1 of the Commercial Law;
      • In case of a limited partnership - for the persons under Art. 105 of the Commercial Law, without the limited partners;
      • In case of limited liability company - for the persons under art. 141, para. 2 of the Commercial Law, and in case of a sole proprietorship with limited liability - for the persons under Art. 147, para. 1 of the Commercial Law;
      • In case of a joint stock company - for the authorized persons under art. 235, para. 2 of the Commercial Law, and in the absence of authorization - for the persons under Art. 235, para. 1 of the Commercial Law;
      • In case of a limited partnership with shares - for the persons under Art. 244, para. 4 of the Commercial Law;
      • In case of a sole trader - for the natural person - trader;
      • In all other cases, including for foreign persons - for the persons representing the candidate or participant;
      • In the cases under items 1 - 7 - and for the procurators, when there are such; when a foreign person has more than one procurator, the declaration shall be submitted only by the procurator, in whose representative power the territory of the Republic of Bulgaria is included, respectively the territory of the state in which the procedure is conducted at assignor under art. 7, item 2.

      • * When the participant in the procedure is a foreign legal entity or their associations, the declarations under item 4.6., item 4.7. and item 4.8, which are in a foreign language are also presented in translation.

      • ** When a participant in the procedure is an association that is not a legal entity, the documents under items 4.4. to and 4.8. shall be submitted by each legal entity included in the consortium.

      • *** When the participant envisages participation of subcontractors, the documents under items 4.4 to and 4.8 shall be submitted for each of them, and the requirements to them shall be applied according to the type and the share of their participation.

    9. Declaration for acceptance of the terms in the draft contract Model № 7 .
    10. Declaration under Art. 56, para 1, item 8 of the Public Procurement Act - Model № 15 .
    11. Declaration of Consent to Participate as a Subcontractor - Model № 16 .
    12. Declaration on EC Regulation № 1605/2002 - Model № 17 .
    13. Document for paid participation guarantee in the amount according to the public procurement notice in the form of a bank guarantee or a deposit on the account of the Assignor. The payment order must state "Contract participation guarantee № ......................." , indicate the number of the decision to initiate the procedure. Detailed warranty conditions are described in the "Warranty Requirements and Conditions" section of these guidelines.

    14. Content of ENVELOPE № 2 „PROPOSAL FOR PERFORMANCE OF THE CONTRACT

    15. Technical proposal (original) - is prepared, signed and stamped according to the appendices to this documentation - Model № 8 ;

    16. ENVELOPE CONTENT № 3 “OFFERED PRICE”:

    17. Price proposal (original) - to be filled in, signed and stamped according to the appendices to this documentation - Model № 9 ;

      • * When a participant in the procedure is an association that is not a legal entity, the documents under items 4.9, 4.10 and 4.12 to 4.15. and under point 4.1., 4.2. and 4.3. shall be submitted together for the association, signed by the authorized person.

      • * The offer is submitted in Bulgarian. When the participant in the procedure is a foreign legal entity or their associations, the documents that are in a foreign language shall also be submitted in translation. The document under item 4.4 shall be submitted in an “official translation”.

      • Note: "Official translation" is a translation performed by a translator who has a contract with the Ministry of Foreign Affairs for official translations.

  5. When preparing the bid, the bidder must adhere to the instructions in this documentation.
  6. The Participant must study all samples, conditions and the Technical Specification to this documentation. The inability to provide all the information required in the documentation, or the submission of an offer that does not meet the conditions of the Contracting Authority from the documentation, in any case leads to its removal.
  7. A person who participates in a consortium or has given consent and is listed as a subcontractor in another bidder's bid may not submit a separate bid.
  8. The quantity, type and quality of the activities must fully meet the requirements of the Technical Specification and the conditions for execution of the order from the Documentation for participation.
  9. The period of validity of the tenders must comply with the period specified in the notice and represents the time during which the participants are bound by the terms of the tenders submitted by them.
  10. Each bidder may submit only one bid under the procedure.
  11. The tender must be submitted to the address indicated in the contract notice by the time and date indicated in the notice as the deadline for submission of tenders.
  12. The offer shall be signed by the managing participant or by the duly authorized persons, in which case the power of attorney from the managing participant shall be attached to the offer.
  13. The offer shall be submitted in a sealed non-transparent envelope by the participant or by a representative authorized by him personally or by mail by registered letter with acknowledgment of receipt, or by courier service. On the envelope the participant indicates the subject of the order, address and person for correspondence, telephone and if possible fax and e-mail address.
  14. Upon acceptance of the offer, the serial number, date and time of receipt shall be noted on the envelope and the indicated data shall be recorded in an incoming register, for which a document shall be issued to the bearer.
  15. If the bidder sends the bid by registered mail or courier service, the costs will be borne by him. The risk of delay or loss of the offer is for the participant.
  16. Until the deadline for submission of bids, each participant in the procedure may change, supplement or withdraw its bid.
  17. Participants may not withdraw or modify their bids after the deadline for submission of bids.
  18. All costs for participation in the procedure are at the expense of the participant.
  19. COMMUNICATION BETWEEN THE CONTRACTING AUTHORITY AND THE PARTICIPANTS

  20. All communications and actions of the contracting authority and the participants related to this procedure are in writing.
  21. The participant can submit his letters and notifications by e-mail, by registered letter with acknowledgment of receipt or courier service.
  22. The decisions of the contracting authority, of which he is obliged to notify the participants, are served personally against a signature or are sent by registered letter with acknowledgment of receipt or are sent by e-mail.
  23. This notification is considered received during the procedure, which has reached the addressee at the address indicated by him. Where the addressee has changed his address and has not informed the respondent in good time, or the addressee does not wish to accept the notification, the notification which has reached the address known to the sender shall be deemed to have been received.
  24. CONDUCT OF THE PROCEDURE

  25. If no tenders have been submitted under the procedure or only one tender has been submitted, the Contracting Authority has the right to extend the announced deadlines in the procedure. The Contracting Authority may also extend the term when it deems that additional time is required for the preparation of the tenders of the participants, regardless of whether the term for submission of the tenders has expired.
  26. In the process of conducting the procedure, the participants are obliged to notify the Assignor of all changes in the circumstances declared by them within 7 days of their occurrence.
  27. To carry out the procedure, the Assignor appoints a commission by written order. The Commission is appointed by the Contracting Authority after the deadline for acceptance of tenders. The composition of the commission and its reserve members shall be announced on the day set for the opening of the tenders.
  28. The Commission consists of at least five members, one of whom must be a qualified lawyer, and the rest are persons with the necessary professional qualifications and practical experience in accordance with the object and complexity of the contract.
  29. The commission appointed by the contracting authority to examine, evaluate and rank the tenders shall start working after receiving the list of tenderers and tenders submitted.
  30. The actions of the commission are public and the participants in the procedure or their authorized representatives, as well as representatives of the mass media and non-profit legal entities have the right to be present.
  31. The Commission opens the tenders in the order in which they are received and verifies the existence of three separate sealed envelopes, after which at least three of its members sign Envelope № 3 . The Commission proposes that one representative from each of the participants present sign the Envelope № 3 of the other participants.
  32. In the presence of the persons under item 28, the commission shall open Envelope № 2 and at least three of the members and shall sign all documents contained in it. The Commission proposes that one representative of each of the participants present sign the documents in Envelope № 2 of the other participants. Then the commission opens Envelope № 1 and discloses the documents it contains and checks the compliance with the list under Art. 56, para 1, item 14 of the Public Procurement Act.
  33. After performing the actions under item 29 and item 30, the public part of the commission meeting shall end. The Commission shall examine the documents in Envelope № 1 for compliance with the selection criteria set by the contracting authority. After establishing the absence of documents and / or discrepancies with the selection criteria or with other requirements of the contracting authority in Envelope № 1 , the commission prepares a protocol where it exhaustively describes the missing documents or discrepancies, specifying the type of document or the documents to be submitted additionally and sets a deadline for their submission and provides it to all participants. The deadline is the same for all participants and is five working days from the date of receipt of the protocol. The participant is not entitled to submit other documents than the missing ones and those for elimination of the discrepancies, indicated in the minutes of the commission.
  34. After the expiration of the term under item 31 the commission shall check the compliance of the documents B Envelope № 1 , including with the additionally submitted documents regarding their compliance with the selection criteria set by the assignor. the commission does not consider the documents in Envelope № 2 of the participants who do not meet the selection criteria.
  35. The Commission may at any time verify the data requested by the participants, request clarifications from them, as well as additional evidence of data submitted in envelopes № 2 and № 3 . This option cannot be used to change the technical and price offer of the participants.
  36. The envelope with the price offered by a bidder whose bid does not meet the requirements of the contracting authority is not opened.
  37. The Commission proposes to remove a participant from the procedure:
    • who has not submitted any of the necessary documents under Art. 56 of the Public Procurement Act;
    • for whom there are circumstances under Art. 47, para. 1 and para. 5 of the Public Procurement Act and the circumstances indicated in the announcement under Art. 47, para. 2 of the Public Procurement Act;
    • who has submitted an offer that does not meet the pre-announced conditions of the Contracting Authority;
    • who has submitted an offer that does not meet the requirements of Art. 57, para. 2 of the Public Procurement Act;
    • for whom by the order of art. 68, para. 11 of the Public Procurement Act, it has been established that he has submitted incorrect information for proving his compliance with the selection criteria announced by the Contracting Authority.
  38. The Contracting Authority is obliged to announce in an appropriate manner the date, time and place of opening and announcement of the price offers. The participants in the procedure or their authorized representatives, as well as representatives of non-profit legal entities and the mass media shall have the right to be present at the opening of the envelope with the offered price.
  39. The term set by the Contracting Authority for completion of the work of the commission may not be longer than the term of validity of the tenders.
  40. The Commission evaluates the tenders according to the criterion "the most economically advantageous tender" . Before opening the price offers, the commission informs the persons present of the results of the evaluation of the offers on the other indicators.
  41. Decisions of the commission are taken by a majority of its members.
  42. The Commission shall draw up a report on the examination, evaluation and ranking of tenders. The minutes of the commission shall be signed by all members and shall be submitted to the assignor together with all the documentation. The Commission shall conclude its work by transmitting the minutes to the contracting authority. When a member of the commission is against the decision taken, he shall sign the minutes with a dissenting opinion and state his reasons in writing.
  43. CLASSIFICATION AND DETERMINATION OF CONTRACTOR. TERMINATION OF THE PROCEDURE.

  44. The assignor announces with a motivated decision the ranking of the participants and the participant appointed as a contractor, not later than 5 / five / working days after the end of the work of the commission. In the decision the assignor shall also indicate the participants excluded from participation in the procedure and the reasons for their removal. The assignor sends the decision to the participants within three days of its issuance.
  45. The Contracting Authority may request in writing - by letter or e-mail, from the ranked bidders to extend the validity of their bids until the conclusion of the public procurement contract. Participants have the right to reject the request. The participant accepting the amendment is obliged to extend the term of the participation guarantee.
  46. The contracting authority shall terminate the public procurement procedure with a reasoned decision only when:
    • no bid has been submitted or there is no candidate or participant who meets the requirements of Articles 47 - 53a of the Public Procurement Act;
    • all tenders do not meet the pre-announced conditions by the contracting authority;
    • all tenders that meet the conditions announced in advance by the contracting authority exceed the financial resources that it can provide. In this case, the decision to terminate shall indicate the lowest price offered. The Contracting Authority may not conclude a contract with the same subject for a price equal to or higher than the one indicated in the decision, during the next procedure within the same year;
    • the first or second ranked bidder successively refuses to conclude a public procurement contract;
    • there is no need to carry out the procedure as a result of a significant change in circumstances, including the inability to provide funding for the performance of the contract for reasons that the contracting authority could not foresee;
    • violations have been identified during its detection and implementation, which cannot be eliminated without changing the conditions under which the procedure was announced;
    • due to the presence of any of the grounds under Art. 42, para. 1 of the Public Procurement Act, no public procurement contract shall be concluded.
  47. The contracting authority may terminate the public procurement procedure with a reasoned decision when:
    • only one bid has been submitted;
    • there is only one admitted participant or only one offer meets the pre-announced conditions by the contracting authority;
    • first ranked participant:
      • - refuses to enter into a contract, or
      • - does not fulfill any of the requirements of art. 42, para. 1 of the Public Procurement Act,
      • - does not meet the requirements of Art. 47, para. 1 and para. 5 or the requirements of art. 47, para. 2 of the Public Procurement Act, when they are indicated in the announcement.

      The contracting authority is obliged to notify the participants of the termination of the public procurement procedure within three days from the decision for termination, as well as to send a copy of it to the executive director of the agency.

  48. In case of a written request from a participant, made within the term for appealing the decision, the Assignor is obliged to provide a copy or access to the protocol within three days from its receipt, depending on the request of the participant. The contracting authority may refuse access to information contained in the protocol when its provision contradicts a normative act or prevents, restricts or distorts competition.
  49. CONCLUSION OF A CONTRACT AWARD CONTRACT

  50. The contracting authority concludes a contract for the execution of the object of the procurement under the procedure with the participant, determined as a contractor as a result of the conducted procedure.
  51. The public procurement contract must include all proposals from the bid of the bidder selected as a contractor. The contract is concluded in accordance with the Public Procurement Act, the Commercial Act and the Obligations and Contracts Act.
  52. Upon signing the public procurement contract, the participant, designated as Contractor, is obliged to present the documents under Art. 47, para 10 and Art. 48, para 2 of the Public Procurement Act, certificate of criminal record of the members of the management bodies, as and a performance guarantee. When Article 23, para. 4 of the Commercial Register Act, documents under Art. 47, para. 10 of the Public Procurement Act. When in the respective foreign state the documents under Art. 48, para 2 are not issued or when they do not include all cases under Art. 47, para. 1 and 2 of the Public Procurement Act, the participant shall submit an affidavit if such declaration has legal significance according to the law of the state in which it is established. Where the affidavit has no legal significance under the relevant national law, the participant shall submit a formal application to a judicial or administrative authority, a notary or a competent professional or commercial body in the country in which he is established.
  53. When the participant designated as Contractor is an impersonal association of individuals and / or legal entities, the public procurement contract is concluded after the Contractor submits to the Contracting Authority a certified copy of a certificate of tax registration and BULSTAT registration of the established association.
  54. In case the participant appointed as a Contractor after the announcement of the decision for ranking of the participants within one month does not submit the documents under item 48 and item 49 of the instructions, does not present the determined guarantee for performance of the contract, does not perform the respective registration, does not submit a document or does not fulfill another requirement, which is necessary for execution of the order according to the requirements of normative or administrative act and is ruled by the Assignor at the opening of the procedure or unreasonably refuses to conclude the contract for execution of the order, the Assignor may appoint ranked second or terminate the procedure. The Contracting Authority shall appoint the next ranked bidder as a Contractor and shall invite him in writing for the conclusion of a public procurement contract within three days from the establishment of the circumstances under the previous sentence or from the expiration of the above-mentioned one-month term.
  55. If the participants ranked second do not submit the necessary documents or refuse to sign the contract, the Contracting Authority terminates the procedure. The procedure is also terminated when after the refusal to conclude a contract by the participants the prices from the offers of all other ranked participants exceed the envisaged financial resource.
  56. WARRANTY REQUIREMENTS AND CONDITIONS

  57. Guarantees are presented in one of the following forms:
    • cash deposit;
    • bank guarantee in favor of the Assignor - Model № 11 and Model № 12 .

    The participant, respectively the appointed contractor chooses the form of the guarantee for participation, respectively for performance. When the participant or the selected contractor is an association that is not a legal entity, each of its partners may be an ordering party under the bank guarantee, respectively a depositor of the amount under the guarantee.

  58. When choosing a guarantee for participation - a sum of money, it should be deposited in the cash desk of the Ministry of Regional Development and Public Works or by bank transfer to IBAN BG 24 BNBG 9661 3300 1663 01 BNBGBGSD. The participation guarantee amounts to 5500.00 / five thousand and five hundred / BGN.
  59. The performance guarantee is 3% of the value of the contract without VAT.
  60. If the Bidder submits a Bank Guarantee, it must be opened in accordance with the terms of the Bank Guarantee form attached to the documentation (for participation in the procedure, respectively for the execution of the order). The guarantee must be irrevocable and unconditional, with the possibility of utilization in whole or in part. It should contain an obligation of the guarantor bank to make a faultless and unconditional payment upon the first written request of the Assignor, signed by the representative of the company of the Assignor. The participation guarantee must be valid for at least 15 days after the expiry of the tenderer's tender. The performance guarantee must be valid for up to 30 working days after the final performance of the contract. The validity of the participation guarantee is determined in the announcement or in the sample offer from the participation documentation. The participants of the bank serving them, as long as it contains all the necessary information. they can also present a bank guarantee according to a sample.
  61. The bank costs for opening the guarantees are at the expense of the Contractor. The costs for their eventual utilization - at the expense of the Assignor. The Contractor shall provide for and pay its fees for opening and servicing the guarantees so that the amount of the guarantee is not less than that specified in this procedure.
  62. The Contracting Authority shall release the guarantees without paying interest for the period during which the funds have legally remained with him.
  63. The Contracting Authority shall release the guarantees for participation of:
    • The removed candidates or participants within 5 working days after the expiration of the term for appealing the decision of the assignor for preliminary selection, respectively for determining a contractor;
    • The participants ranked first and second - after concluding the public procurement contract, and the other ranked participants - within 5 working days after the expiration of the term for appealing the decision for determination of contractor.
    • Upon termination of the public procurement procedure, the guarantees of all participants shall be released within 5 working days after the expiration of the term for appealing the decision for termination.
  64. The contracting authority has the right to use the participation guarantee when the participant in a public procurement procedure:
    • withdraw your bid after the deadline for receipt of bids;
    • has been appointed as a contractor but has not fulfilled its obligation to conclude a public procurement contract.
  65. In the cases when the participant has presented a bank guarantee, the Assignor has the right to start exercising his rights under it, in the presence of cases under items 58, "a" and "b" above.
  66. The conditions and terms for withholding or releasing the performance guarantee shall be laid down in the contract.
  67. OTHER INSTRUCTIONS

  68. In connection with the conduct of the procedure and the preparation of the bids by the participants for issues not covered in these instructions, the Public Procurement Act and the present documentation for participation in the procedure shall apply.
  69. If the participants in the procedure submit documents in a language other than Bulgarian, and the same are presented in a translation into Bulgarian, in case of discrepancy in the records in the different languages, the records in Bulgarian are considered valid.
  70. "Specific requirements and instructions for the preparation of the tender", which regulate the specific conditions and requirements for participation in the specific procedure, are an integral part of the documentation.
  71. The content of the submitted documents should meet the requirements of the Contracting Authority, the documentation for participation and the provisions of the Public Procurement Act.
  72. Document Requirements:
    • All documents must be:
    • Certified (when photocopied) marked "True to the original", signature of the person (s) representing the Participant and fresh stamp.
    • The documents and data in the offer are signed only by persons with representative functions named in the certificate of current status or authorized persons. In the latter case, a notarized power of attorney is required to perform such functions.
    • Each page of the offer is numbered, signed and stamped with a fresh stamp of the legal entity, and in case of participation of an association it is signed by the authorized person and stamped with a fresh stamp of a participant in the association - a legal entity.
    • All documents must have a date of issue prior to their submission with the proposal not more than 3 months or be in their validity period, when such is explicitly recorded in them. These requirements do not apply to documents concerning the submission of evidence of the technical capabilities and qualifications of the proposed specialists for the performance of the contract.
    • All documents related to the proposal should be in Bulgarian. If the proposal includes documents and references in a foreign language, they should also be submitted in translation into Bulgarian, with the exception of the documents under item 4.4, which shall be submitted in an official translation into Bulgarian. "
    • No entries between lines, deletions or corrections are allowed on the proposal.
TOP