Legal Consulting Services on Projects in the Eneregy Sector

Center for monitoring of business activities in the energy sector and investments

Description of the subject-matter of public procurement: Legal consulting services on projects in the energy sector which include individual or group investments in the projects of building, development, liquidation of assets or economic entities, mergers and acquisitions, investments in hydro and thermal power plants, use of renewable energy resources, LNG terminals, infrastructure objects for transport and storage of energy (further in text: Project).
The projects in the energy sector shall be realised in such a way that the economic entities in the energy sector shall enter into business relation with the chosen strategic partners which will participate with determined share of ownership. The projects include development of thermal power plants (2 projects), hydro power plants (4 projects), LNG terminals (1 project) and gas pipeline (5 projects).

Rok

Rok za zaprimanje ponuda bio je 2012-08-07. Nabava je objavljena 2012-06-27.

Tko?

• Center for monitoring of business activities in the energy sector and investments

Što?

• Usluge pravnog savjetovanja i zastupanja › Usluge pravnog savjetovanja

Gdje?

• Grad Zagreb

Povijest nabave

Datum	Dokument
2012-06-27	Obavijest o javnoj nabavi
2012-07-09	Dodatni podaci

Obavijest o javnoj nabavi (2012-06-27)
Predmet
Opseg nabave
Naslov: legal advisory services
Količina ili opseg:

According to the Article 6., para. 3., of the Regulation on the methodology for drawing up and handling tender documents and tenders (OG 10/12), the procurer does not need to specify quantity as one of the conditions for entering the framework agreement.

Ukupna vrijednost nabave: 15 000 000,00 💰
Metapodaci obavijesti
Izvorni jezik: engleski 🗣️
Vrsta dokumenta: Obavijest o javnoj nabavi
Priroda ugovora: Usluge
Propis: Drugo
Jedinstveni rječnik javne nabave (CPV)
Oznaka: Usluge pravnog savjetovanja 📦

Postupak
Vrsta postupka: Ograničeni postupak
Vrsta ponude: Podnošenje ponude za sve lotove
Kriteriji za dodjelu
Ekonomski najpovoljnija ponuda

Javni naručitelj
Identitet
Država: Hrvatska 🇭🇷
Vrsta tijela koje dodjeljuje: Osoba javnog prava
Naziv tijela koje dodjeljuje: Center for monitoring of business activities in the energy sector and investments
Poštanska adresa: Miramarska 24
Poštanski broj: 10000
Mjesto: Zagreb
Kontakt
Internetska adresa: http://www.cei.hr 🌏
E-pošta: ante.ramljak@cei.hr 📧
Telefon: +385 16430600 📞
Faks: +385 16430626 📠

Referenca
Datumi
Datum slanja: 2012-06-27 📅
Rok za dostavu: 2012-08-07 📅
Datum objave: 2012-06-30 📅
Identifikatori
Broj obavijesti: 2012/S 124-205692
Izdanje SL-S: 124
Dodatne informacije

The expenses of preparing and submitting the request to participate and tender are solely bourne by the candidate. The first part of tender documentation- Documentation for drafting the request to participate can be downloaded, free of charge, in electronic form on the web page of Electronic public procurement classifieds of the Republic of Croatia. (https://eojn.nn.hr). Whilst taking over the documentation, interested economic entity has to register in order to be recorded as interested economic entity and as such to be able to receive all relevant information about the procurement procedure. In case that the candidate submits the request for participation without previously registering on the web page of Electronic public procurement classifieds of the Republic of Croatia, it bears its own risk of drafting the request for participation using unsuitable form. The second part of tender documentation which contains data and instructions for drafting the tender shall be delivered by the contracting authority to the chosen candidates together with the invitation to deliver tenders.

Predmet
Opseg nabave
Kratki opis:

The projects in the energy sector shall be realised in such a way that the economic entities in the energy sector shall enter into business relation with the chosen strategic partners which will participate with determined share of ownership. The projects include development of thermal power plants (2 projects), hydro power plants (4 projects), LNG terminals (1 project) and gas pipeline (5 projects).

Referentni broj: 03/2012/ EV
Mjesto izvršenja
Glavno mjesto ili lokacija izvršenja: Zagreb, HR.

Pravne, ekonomske, financijske i tehničke informacije
Uvjeti za sudjelovanje
Sposobnost obavljanja profesionalne djelatnosti:

1.Registration with the court, craft, professional or other register in the domicile state of the entity.

The evidence is appropriate statement or a certificate. If such a certificate is not issued in the domicile state of the entity, the entity may submit a signed statement that has been authenticated by a competent body.

The statement or a certificate must have been issued no more than 3 months before the date of commencement of public procurement.

In case of a consortium of tenderers, each member of the consortium shall prove its capacity separately.

3. Mandatory reasons for exclusion.

3.1.1. if the entity and/or the person authorised under law to represent the legal person of the entity has been the subject of a conviction by the final judgment for one or more of the following criminal acts: associating for the purpose of perpetrating criminal offences, receiving a bribe in business activities, offering a bribe in business activities, abuse of a position and official powers, abuse in performing governmental duty, illegal intercession, accepting a bribe, offering a bribe, fraud, computer fraud, fraud in business activities or concealing unlawfully obtained money, or any corresponding criminal acts as provided by the legislation of the country where the entity has its seat or a domicile.

For the purpose of determining whether circumstances referred to in paragraph 3.1.1. exist, the entity shall submit, in the tender, a criminal record clearance issued by the relevant authority of a domicile state of the entity and/or state of the citizenship of the person authorised by the law to represent the entity. If such a clearance does not exist or is impossible to obtain, the tenderer shall submit an equivalent document issued by a competent judicial or administrative authority of a domicile state of the entity or state of citizenship of the person authorised by the law to represent the entity.

Criminal record clearance or evidence documents shall not be older than 6 months from the date of the commencement of the public procurement procedure.

If documents referred to in paragraph 3.1.1. are not issued in the domicile state of the entity and/or the citizenship state of the person authorised by the law to represent the entity, or if such documents are impossible to obtain or if they do not include all criminal offences specified in Article 67, para.1, item 1. of the Public Procurement Act (OG 90/11), the requested documents may be substituted by an affidavit or an equivalent statement given by a person authorised by the law to represent the entity, before the competent judicial or administrative authority or the notary public or the competent professional or trade body in the domicile state of the entity or the state that has granted a citizenship to the person that signed the statement.

The statement shall not be older than 6 months from the date of the commencement of the public procurement procedure.

The sample of the statement is to be found in Annex II of these Instructions.

3.1.2. If it failed to meet the obligation to pay all due taxes and contributions for pension and health insurance; unless the entity has been granted a deferred payment of the above mentioned obligations pursuant to the special regulations.

Economic entity shall submit in the tender a certificate issued by a tax authority on the status of payment/debt or an equivalent document issued by a competent authority of a domicile state of the entity. The certificate shall not be older than 30 days counting from the date of commencement of public procurement procedure.

If such a certificate cannot be issued, it can be substituted by an affidavit or an equivalent statement by a person authorised by the law to represent the entity before the competent judicial or administrative authority or the notary public or the competent professional or trade body in the domicile country of the entity.

3.1.3. if the economic entity submitted false information in the documents to prove its eglibility to enter the agreement

Where there is a doubt as to the truthfulness of the information presented in the submitted documents or statements of the economic entity, the Contracting authority may consult relevant authorities to obtain information on the status of the entities involved. In case of an entity that is domiciled in a foreign state, the contracting authority may seek to consult the authorities in charge.

In the case of a consortium of tenderers, the circumstances referred to in paragraphs 3.1.1., 3.1.2., 3.1.3. shall be established for each partner of the consortium separately. Therefore, the submitted tender documents have to include documents which serve as a proof that there are no reasons for exclusion of the consortium members.

3.2. Other reasons for exclusion.

3.2.1. if the tenderer is bankrupt, or is being wounded up, where its affairs are being administrated by a person appointed by the competent court, if the tenderer has entered into an arrangement with creditors, if it has suspended its business activities, or is in similar procedure under national regulations of the domicile state of the entity.

3.2.2. if the tenderer is the subject of preliminary proceedings to establish conditions for the declaration of bankruptcy, or the proceedings of compulsory winding up of its business, or the proceedings by the competent court to appoint a person to administrate the operation of the entity, or the proceedings of an arrangement with creditors, or is involved in a similar procedure under national regulations of the domicile state of the entity.

For the purposes of determining whether circumstances referred to in paragraph 3.2.1. and 3.2.2. exist; the entity shall submit in the tender, a statement from a judicial, trade or any other register in the domicile state of the entity, while in the case that such a document cannot be issued, the tenderer shall submit an equivalent document issued by a competent judicial or administrative body in the domicile state of the entity.

The statement or documents cannot be older than 3 months before the date of commencement of the public procurement procedure.

If the statement or documents referred to in paragraphs 3.2.1. and 3.2.2. are not issued in the domicile state of the entity or are impossible to obtain, such statements or documents may be substituted by an affidavit or an equivalent statement by a person authorised by the law to represent the entity before the competent judicial or administrative authority or the notary public or the competent professional or trade body in the domicile state of the entity.

The statement shall not be older than 30 days from the date of commencement of public procurement procedure.

3.2.3.if the economic entity or/and person authorised by the law to represent the entity, during the last 3 years counting from the day of the commencement of public procurement procedure, acted with professional negligence that can be proved by the Contracting authority.

In the case of a consortium of tenderers, the circumstances referred to in paragraph 3.2.1. and 3.2.2. shall be established for each partner of the consortium separately.

Ekonomska i financijska sposobnost:

.1. Document issued by the bank or other financial institution which proves solvency of the economic entity

Economic entity has to prove that it did not have bank account freeze events recorded in the last 6 months for longer than 7 days in a row, and not more than 15 days altogether.

The Contracting authority estimates that continued bank account freeze lasting longer than 7 days or 15 days altogether in the period of 6 months can jeopardize business process of a candidate. Uninterrupted business processes is a necessary prerequisite to deliver services which are the subject of public procurement.

The proof cannot be older than 30 days from the day of the commencement of public procurement procedure and it has to be confirmed by the seal and signature of competent bank or other financial institution.

2. A statement on total turnover of the economic entity for the scope of its activities that cover the subject matter of the procurement for the last 3 years.

Economic entity must prove that it had, during the course of last 3 years, a total turnover of at least 7 000 000,00 KN.

If, for any valid reason, the entity is unable to submit the document of financial standing which the contracting authority requested, it may prove its financial standing by any other document which the contracting authority deems suitable. Relating to this issue, the economic entity can, during the procurement procedure, ask the contracting authority as to the acceptance of substitute document proving the financial standing.

Economic entity may, where appropriate, rely on the capacity of other entities, regardless of the legal nature of their relation. In such a case, the economic entity must prove to the contracting authority that it shall have the necessary resources at its disposal. The consortium of entities can, under the same circumstances, rely on the capacities of other entities or members of the consortium.

Tehnička i stručna sposobnost:

1. The list of relevant contracts regarding the services delivered in the last 3 years

Economic entity has to prove that it has delivered at least 1 and maximum 2 contracts on same or similar services in the last 3 years which had minimal value of 3 500 000,00 KN.

This proof serves to establish minimal capacity and it shall be used to minimise the number of suitable economic entities according to the Article 35. of Public Procurement Act. Therefore, it is in the interest of the candidates to deliver, besides minimally 1 or maximally 2, a list of as many delivered contracts as possible, regardless of their individual value, in order to gain as much advance as possible.

The conditions for limiting the number of suitable economic entities can be found in paragraph 4.4. of these Instructions.

The list has to contain the amount and timeline of delivered services, including the name of other contracting party. If the other contracting party is a contracting authority in the sense of Public Procurement Act, the list has to contain a written statement by this contracting authority which confirms that the contract was fulfilled. If the other contracting party is a private person, the list has to contain either a signed statement or in case that this is not possible, an acknowledgment confirming that the statement was applied for.

The Contracting authority shall deem acceptable as proof all contracts which were duly fulfilled and which concern legal services in the energy sector, including investments in building projects, development, sale of equity, mergers and acquisitions, investments in hydro and thermal power plants, use of renewable energy sources, LNG terminals, infrastructure objects for transport and storage of energy.

2. Number and education and professional qualifications of persons responsible for the provision of services.

Economic entity has to prove that it has at its disposal at least 4 legal experts (team members) that shall be included in the project.

All team members must hold, at least a University degree.

This serves as the proof of minimal capacity to fulfil the contract and it shall be used to minimise the number of capable economic entities according to the Article 35. of Public Procurement Act. Therefore, it is in the interest of candidates to include as many experts as possible, in order to gain as much advance as possible.

The economic entity must provide, in the request to participate, a list of persons responsible for the project, including qualifications for each member of the team. Documents supporting the qualifications of team members (such as diplomas, certificates etc.) must be included in the request to participate.

3. Experience.

Economic entity must prove that the team leader has at least 5 years of experience in legal advising relating to the same or similar projects as defined in the tender.

The Contracting authority deems necessary that at least the team leader possesses proven experience in providing services that are the subject matter of procurement.

This serves as the proof of minimal capacity to fulfil the contract and it shall be used to minimise the number of suitable economic entities according to the Article 35. of Public Procurement Act. Therefore, it is in the interest of candidates to include, besides relevant experience of the team leader, the relevant experiences of other team members in order to gain as much advance as possible. Experience of team members should be in legal advising, especially regarding partnership agreements in realisation of capital projects.

The conditions for limiting the number of suitable economic entities can be found in item 4.4. of these Instructions.

Economic entity in its request to participate has to provide a statement which serves as the proof of relevant work experience of the team leader and team members and which includes the data about economic entities which used the services, as well as the timeline in which those services were provided for.

Such statement has to be signed by the economic entity, user of services. In addition, the candidate must enclose the CV's of the team leader and team members which support the experience listed in the statement.

Izvršenje ugovora
Tražene depozite i jamstva:

The chosen candidates that shall be invited by the Contracting authority to submit the tender, shall be obliged to deliver, besides the tender, an irrevocable bank guarantee for the sum of 750 000,00 KN.

The chosen tenderer shall be obliged to deliver a guarantee for the delivery of contract whose value shall be 10 % of the value of the contract.

Detailed information about the guarantees will be found in the tender documentation that the Contracting authority shall send to the chosen candidates together with the invitation to deliver the tender.

Glavni uvjeti financiranja i načini plaćanja i/ili upućivanje na relevantne odredbe koje ih uređuju:

Deadline for payment: 30 days from the date of recievement of invoice for delivered services.

Postupak
Broj gospodarskih subjekata u okvirnom sporazumu: 7
Trajanje okvirnog sporazuma u godinama: 4
Predviđeni broj kandidata: 7
Objektivni kriteriji za odabir:

The contracting authority intends to invite minimally 7 suitable economic entities to submit the tender. In case of a lesser number of tenders, the contracting authority shall invite all suitable economic entities to submit the tender. According to the Article 35., para. 5 of Public Procurement Act, if the number of suitable economic entities is more than 7, the contracting authority can invite all of them to submit tenders or reduce the number of suitable economic entities that shall be invited to submit the tenders according to this paragraph. In case of greater number of suitable economic entities, the contracting authority can use the possibility to reduce the number of suitable economic entities that shall be invited to submit the tender. Request for participation shall be evaluated in such a way that the candidate that proves:

— Total highest value of duly fulfilled contracts in accordance with item 4.3.1.

— Highest number of team members participating in the project.

— Experience of team leader in legal consulting on projects in energy sector, especially regarding contracts with strategic partners in realisation of such projects.

— Experience of team members in legal consulting on projects in energy sector shall be awarded highest number of points regarding these conditions, and total number of points shall be calculated according to the relative value of each condition as stated in the table in Instructions.

Jezici
Jezik: engleski 🗣️
Drugi jezici: Hr.

Javni naručitelj
Kontakt
Kontaktna točka: Center for monitoring of business activities in the energy sector and investments
Ante Ramljak

Referenca
Identifikatori
Referentni broj koji je dodijelio javni naručitelj: 03/2012/ EV
Dodatne informacije

The expenses of preparing and submitting the request to participate and tender are solely bourne by the candidate.

The first part of tender documentation- Documentation for drafting the request to participate can be downloaded, free of charge, in electronic form on the web page of Electronic public procurement classifieds of the Republic of Croatia. (https://eojn.nn.hr).

Whilst taking over the documentation, interested economic entity has to register in order to be recorded as interested economic entity and as such to be able to receive all relevant information about the procurement procedure.

In case that the candidate submits the request for participation without previously registering on the web page of Electronic public procurement classifieds of the Republic of Croatia, it bears its own risk of drafting the request for participation using unsuitable form.

The second part of tender documentation which contains data and instructions for drafting the tender shall be delivered by the contracting authority to the chosen candidates together with the invitation to deliver tenders.

Dopunske informacije
Tijelo za pregled
Naziv: Državna komisija za kontrolu postupaka javne nabave
Mjesto: Zagreb
Država: Hrvatska 🇭🇷
Informacije o rokovima za žalbene postupke:

The appeal can be lodged in person, by post or electronical means if conditions for submitting electronic documents are mutually fulfilled in accordance with legislation on electronic signature. The appeal can be lodged within a period of 10 days from the date of publication of the invitation to compete in the public procurement procedure and supporting documents.

The appeal has to contain minimally the information as stated in the article 159. of the Public Procurement Act. Simultaneously with the submission of the appeal to the State Commission, the appellant shall submit, by traceable means, a copy of the appeal to the Contracting authority.

Izvor: OJS 2012/S 124-205692 (2012-06-27)

Dodatni podaci (2012-07-09)
Predmet
Metapodaci obavijesti
Vrsta dokumenta: Dodatni podaci

Referenca
Datumi
Datum slanja: 2012-07-09 📅
Datum objave: 2012-07-12 📅
Identifikatori
Broj obavijesti: 2012/S 132-218213
Odnosi se na obavijest: 2012/S 124-205692
Izdanje SL-S: 132
Izvor: OJS 2012/S 132-218213 (2012-07-09)

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