(SERVICES FROM ANNEX II PART B OF THE PUBLIC PROCUREMENT LAW)

Transcription

1 THE CENTRAL BANK OF BOSNIA AND HERZEGOVINA Ref: /17 Sarajevo, 6 April, 2017 INVITATION TO BID FOR PROVIDING THE SERVICES PRODUCTION OF JUBILEE SILVER COINS ON THE OCCASION OF 20 TH ANNIVERSARY OF THE CENTRAL BANK OF BOSNIA AND HERZEGOVINA OPERATIONS (SERVICES FROM ANNEX II PART B OF THE PUBLIC PROCUREMENT LAW) 1

2 I) GENERAL DATA ON THE PROCUREMENT PROCEDURE 1 Data on the contracting party Contracting party: Central Bank of Bosnia and Herzegovina Address: Maršala Tita 25, Sarajevo, BH Identification number: Detailed address for correspondence: Centralna banka Bosne i Hercegovine, Maršala Tita 25, Sarajevo, Bosna i Hercegovina Telephone: +387 (0) Fax: +387 (0) silvercoin2017@cbbh.ba Web site: 2 Data on the person in charge of the communication (contact person, telephone number and address) and public procurement procedure All the communication with Bidders is carried out in writing (registered mail or ) in the way that enquiries, requests for the explanations of the documentation etc. are submitted to the address of the Central Bank of Bosnia and Herzegovina Maršala Tita 25, Sarajevo or silvercoin2017@cbbh.ba. The public procurement procedure has been approved and started by the Decision of the Governing Board of the Central Bank of Bosnia and Herzegovina Ref: UV /17 AS dated 27 February It is a procedure for assigning the Contract for the procurement of the services of the production of jubilee silver coins, for the occasion of 20th Anniversary of the Central Bank of Bosnia and Herzegovina operations, which is subject to a special regime according to Article 8 paragraphs (1) and (2) of the Public Procurement Law. The process of assigning the Contract is carried out according to the provisions of the By-law on the process of assigning the Contract on services from Annex II Part B of the Public Procurement Law (Official Gazette of BH Ref: 66/16 as of 15 September 2016). The procedure is carried out in a way of delivering the initial bids by Bidders, pursuant to this Invitation to Bid, and then, the Bids are negotiated with the Contracting Party. 3 Explanation and correction and/or change of the Tender Documentation, the requiring of explanations The Contracting party may, at any time, and not later than 10 days before the expiry of the deadline for the submission of the initial Bids, for justified reasons, either at its own initiative, or as a reply to the request of a business entity for the explanation, or according to the order of the BH Procurement Review Body, change the Tender Documentation. Amendments and supplements of the Tender Documentation are carried out in the way that the Contracting party publishes the amendments of the Tender Documentation at its web site. 2

3 In case the amendment of the Tender Documentation is such that the preparation of the Bid will require some additional time, the Contracting party is obliged to extend the deadline for receiving of Bids, as adequate to the amendments made, but by 7 days, at least. Requiring explanations of the Tender Documentation and providing answers with explanations can be carried out only in writing by the request sent to the Contracting party by or registered mail, according to Item 2 of the Tender Documentation. The request for an explanation can be required not later than 10 days before the expiry of the deadline for receiving Bids. The Contracting party is obliged, within 3 days, and not later than 5 days before the expiry of the deadline for Bids, to send an explanation to all the participants in the procurement procedure. II) DATA ON THE SUBJECT OF THE PUBLIC PROCUREMENT 4 Description of the subject of the procurement and the technical specification The subject of this procedure is the procurement of services - the production of the jubilee silver coins for the occasion of 20th Anniversary of the Central Bank of Bosnia and Herzegovina operations (hereinafter: jubilee coins), according to the terms and requirements set in this Invitation to Bid. Type of procedure: procedure of the procurement of the services from Annex II part B Designation and name from the single dictionary of public procurements: Other services. The quantity of the jubilee coins, being the subject of the procurement is (in letters: two thousands) pieces. 5 Technical specification of the jubilee coins a) Diameter(mm): b) Weight (g): c) Alloy: 925/1000 Ag d) Silver content (g): e) Silver content (oz): f) Shape: Round g) Edge: milled/plain h) Quality: Certificate of the Authenticity Certificates of the Authenticity with the title Twentieth Anniversary of the Central Bank of Bosnia and Herzegovina 2017 will be printed in English and will be attached with the coins, with the Specification of the coins and the text, provided by the Central Bank within fourteen days after the day of the Contract entering in force. i) Package: The silver coins will be packed in the transparent capsules, and then in firm metal boxes coated with dark blue vinyl with the printed logo of the Central Bank of Bosnia and Herzegovina on the cover of the box (in silver color) and at the inner side 3

4 of the cover on the white background, there shall be printed Bosnia and Herzegovina Coat of Arms with the title CENTRAL BANK OF BOSNIA AND HERZEGOVINA. Logo of the Central Bank of Bosnia and Herzegovina: Along with the Bid, Bidder is liable to submit the photos of proposals of package. j) Mandatory design elements of the jubilee silver coin: - Titles: CENTRALNA BANKA BOSNE I HERCEGOVINE and ЦЕНТРАЛНА БАНКА БОСНЕ И ХЕРЦЕГОВИНЕ, and Bosnia and Herzegovina Coat of Arms between them. - Title in English language: TWENTY YEARS OF CENTRAL BANK OF BOSNIA AND HERZEGOVINA. - Large number 20, the words godina and година. - Male statue a part of statue (from the waist up) which is located in front of the entrance of the Central Bank building, who holds the number 20 instead of lamp, - Number/years: 1997 and Map of Bosnia and Herzegovina (shapes of borders). All titles shall be in Times New Roman font. All titles in local languages (Latin and Cyrillic alphabets) shall be on one side of the silver coin, and the titles in English on the other side of the silver coin. The photo of statue can be delivered to the Bidder at the request. The Bidder shall submit images of at least three different proposals of the jubilee silver coin. The Contracting party may require changes in the submitted design proposal, until the proposal is agreed with the selected Bidder. The final solution of the design shall be approved by the Central Bank. 6 The period for which the Contract is concluded/whether it is concluded for a single performance of the service or a longer period The Contract for the procurement of services is concluded for one-time delivery of jubilee silver coins. Total quantities of the jubilee silver coins must be delivered to the Central bank, not later than 09 August

5 The selected Provider must inform the Central Bank of the planned delivery at least (10) ten calendar days prior to the delivery in order that the Central Bank can make appropriate preparations. The Central Bank will assist with import documentation. The delivery shall be done by the aircraft transport. 7 Place of delivery Delivery should be carried out by aircraft transport to the place of delivery: CIP Sarajevo International Airport Kurta Schorka 36 Sarajevo, Bosnia and Herzegovina The Central Bank will, at its cost and at its risk, organize the transport from the place of the delivery to the vault of the Central Bank. In case that, due to Force Majeure or other objective reasons which cannot be connected to the Central Bank or the Provider, the delivery cannot be organized by aircraft transport, the Contracting parties will agree an alternative way of transport (by road - CIP Centralna banka Bosne i Hercegovine, Maršala Tita 25, Sarajevo). In that case, the Central Bank will provide the security escort for the transport from the border of Bosnia and Herzegovina to the Central Bank. 8 Criterion for assigning the contract The criterion for assigning the Contract is the lowest price of the technically satisfactory Bid. All the Bid prices are CIP prices (as defined in the valid Incoterms conditions) at the place of delivery as defined in Item 7 of the Tender Documentation. The production cost of jubilee silver coins which is to be evaluated as a criterion for awarding the Contract and which bidders specify as the price in the Bid, shall include all costs incurred in producing the jubilee silver coins except silver bullion, i.e. the service of production of jubilee silver coins and tools, production of package, Certificate of Authenticity, creating a new design, and delivery of tools and jubilee silver coins into the Central Bank. Price of silver bullion, required to produce the jubilee silver coins will be determined according to the value of one ounce of silver on the London Silver Stock Exchange on the day of signing the Contract with the selected Bidder. 9 The cost of Bid preparation and takeover of Tender Documentation The costs of preparation and submission of the Bid will be entirely borne by the Bidder. The Tender Documentation is published on the web site of the Contracting party and it is taken over only free of charge via the web site with the submission of the information to the Contracting party that the Tender Documentation has been taken over. 5

6 The information is submitted to the Contracting party in writing (by or registered mail Item 2 of the Tender Documentation), so that the Contracting party at any moment could be informed on the identity of the participant in the procurement procedure and respect the principle of equality and equal treatment of all the interested Bidders (for purpose of submitting all the information and possible explanations related to the procedure of procurement for all the participants in the procedure). If the Bidders which have taken over the Tender Documentation do not submit the information on the take-over of the documentation to the Contracting party in one of the mentioned ways, the Contracting party will have no responsibility for such Bidder not being informed on the development and the data related to the procurement procedure. 10 Way and conditions of payment The total value of making jubilee silver coins will be determined on the date of signing the Contract with the selected bidder and it consists of the Producing cost of the jubilee silver coins to be submitted in the Bid Form from this Invitation to Bid and the price of silver, needed to produce jubilee silver coins, on the London Silver Stock Exchange on the day of signing the Contract with the selected Bidder. Payment of the total value of jubilee silver coins production will be done by the old silver coins, which are the numismatic property of the Central Bank (hereinafter referred to as the old silver coins), with the following characteristics: Alloy Total Grams Silver Grams After signing the Contract, the Central Bank will deliver to the selected Bidder the old silver coins for the refining of old silver coins and determining the Net market value of an old silver coin. The net market value of an old silver coin will be calculated by multiplying the price of one ounce of silver on the London Silver Stock Exchange on the day of signing the Contract, with the selected Bidder, with the content of silver in ounce in an old silver coin, and the result obtained by multiplying is decreased by the cost of refining of old silver coins, including the transportation of old silver coins from the selected Bidder in the refinery and refining of old silver coins, per one old silver coin, and all administrative jobs related to this activity. The a.m. is presented in the formula as it follows: OCNV = LBM x PRAgC PC OCNV old coin net value (per one coin) LBM London Bullion Market price of Silver in GBP per 1 oz PRAgC Post refining Silver content per one coin PC processing costs (transportation of old coins to refinery, refining and administration) (per one coin) 6

7 The required amount of old silver coins for payment of Total value of the production of jubilee silver coins is determined by dividing the Total value of production of jubilee silver coins and Net market value of an old silver coin. The a.m. is presented in the formula as it follows: NOC = NCTV / OCNV NOC number of old silver coins required NCTV new coins total value (including bullion) OCNV old coin net value (per one coin) The Central Bank will deliver the old silver coins in an amount equal to the total value of production of new jubilee silver coins, within 48 hours from the day of the Contract entering in force. On the day of signing the Contract with the selected Bidder there will be prepared the appropriate calculations related to determining the amount of old silver coins required to pay the Total value of production of jubilee silver coins. Those calculations will be an integral part of the Contract with the selected bidder. 11 Sub-contracting and Bid submission by a group of Bidders a) Sub-contracting In case the Bidder intends to engage sub-contractors, the Bidder is obliged to submit the Statement on the parts of the contract the Bidder intends to transfer to a third party/third parties by sub-contracting. In the mentioned Statement, the Bidder does not need to identify the sub-contractor. The Bidder to whom the Contract has been assigned will not conclude a sub-contract on any important part of the contract without the previous written approval of the Contracting party. The elements of the Contract which are sub-contracted and the identity of the sub-contractor must be announced to the Contracting party in due time, before concluding the sub-contract. The Contracting party must check the qualifications of the sub-contractor according to Article 44 of the Public Procurement Law, according to all the conditions which the main Provider also needs to meet according to the Tender Documentation and inform the Provider on its decision within 15 days as latest from the day of the receipt of notice and evidence on the fulfilment of all the conditions by the sub-contractor. In case of declining the subcontractor, the Contracting party needs to state the objective reasons of the declining. If the sub-contractor has not been identified in the Bid, the selected Provider is obliged, before the introduction of the sub-contractor in the job, to address to the Contracting party in writing for the consent for the introduction of the sub-contractor, with all the data related to the sub-contractor and submit the evidence on the fulfilment of all the conditions for the sub-contractor, which are required by the Tender Documentation for the main Provider as well (Items 16 and 17). 7

8 If the Contracting party declines to give consent for introducing the sub-contractor for which the selected Provider has submitted the request, it is obliged to explain in writing the reasons why the consent was not given (e.g. upon receipt of the request, the Contracting party has done some checks and has found that the sub-contractor does not meet one or more requirements in respect of personal ability, economic and financial ability or technical and professional ability). The negative answer of the Contracting party for the proposed subcontractor does not give the right to the Provider to the prolongation of any deadlines, i.e. the agreed schedule of the contract performance. In case of sub-contracting, the selected Provider will be responsible for the proper contract performance. In case of sub-contracting, both the Bidder and the sub-contractor independently, each one separately, needs to fulfil all the qualification requirements for the participation in the procurement procedure as defined in the Tender Documentation (personal ability, economic and financial ability and technical and professional ability). b) Group of Bidders In case the Bid is submitted by a group of Bidders, each member of the group needs to prove that it independently fulfils the requirements from Article 45 from PPL (personal ability), i.e. each member must submit a separately certified Statement provided in Annex III of this documentation (Statement on the fulfilment of the terms from Article 45 of PPL), and after the assigning of the contract to the selected group of Bidders, the check of these qualifications from Article 45 will be carried out for each member of the group separately. The fulfilment of the conditions in respect of economic and financial ability and technical and professional ability is observed in cumulative manner for the group (the members of the group of Bidders with their joint qualifications prove the fulfilment of economic and financial ability and technical and professional ability by submitting the required evidence). The group of Bidders with the Bid must also submit the evidence on the forming of the group of Bidders with the indication which of the legal entities is the Lead Bidder in the group (the mutual contract, i.e. agreement signed among the members of the group of Bidders with the clearly indicated Lead Bidder in the group, members and mutual rights and obligations). The Bidder which has submitted its Bid independently cannot be a member of the group of Bidders in the same procedure of public procurement. The member of the group of Bidders cannot be a member of the other group of Bidders. The group of Bidders is responsible for its obligations in a solidary manner. 12 Approval of samples For the purpose of approval of bulk production the selected Provider has to deliver to the Central Bank: a) Sample of the jubilee silver coin with the package, b) Laboratory report or documentation on the performed testing of the jubilee silver coin. 8

9 The Central Bank is obliged to provide a reply in respect of the required approval within (7) seven calendar days from the day of receipt of such request for approval. The Central Bank retains the right to engage an independent third party to analyses this sample and it shall inform the selected Bidder accordingly. In this case the deadline for approval can be extended by (14) fourteen calendar days. Without the approval of Central Bank, the bulk production cannot commence. In case the sample is not in accordance with the requirements of the Central Bank and the concluded contract, the selected Bidder is obliged to remove all the shortcomings in the deadline that the Central Bank shall define in writing. Sample of the jubilee silver coin delivered after the complaint will be subject to the same control process. The tools produced by the selected Bidder for the production of jubilee silver coins, which can be used for further production, shall be delivered to the Central Bank at the expense of the selected Bidder, during the delivery of silver jubilee coins in the Central Bank. 13 Copyrights and related rights Design of silver coins is the exclusive ownership of the Central Bank and the Central Bank can use it as it wishes and considers appropriate and useful. The selected Bidder has no rights related to the design and the Central Bank has all the property and intellectual rights. Moulds and other original materials for production (working materials) which the selected Bidder makes for the production of coins, represent the exclusive ownership of the Central Bank. The Central Bank has all the property and intellectual rights on the basis of the working materials, without obligations related to any compensation on that basis to the selected Bidder, and in that respect, it has the right to use the working materials for the needs of additional production of silver coins and the right to give them to a third party for purpose of silver coins production. 14 Requirements in respect of the quality of the delivered silver coins The selected Bidder is obliged to guarantee the quality of the delivered silver coins. The warranty period begins from the day of the successful delivery of silver coins as defined in Item 6 of the Tender Documentation and it ends by the expiry of 6 months counting from the date of the successful delivery of the entire contracted quantity of silver coins. The successful delivery means the delivery which meets the requirements of the Contracting party in respect of the contracted quantity and the Technical Specification of the silver coins from the Items 4 and 5 of this documents. 9

10 In case that during the warranty period, some shortcomings become obvious on silver coins, caused by the omissions in the production process, which could not be seen earlier due to objective reasons, particularly: the issues related to the quality of the silver coins, alloy and similar characteristics, the selected Bidder will be obliged to replace, it at own cost, silver coin/s where the shortcoming is spotted. The deadline for the delivery of replacemnt silver coins cannot be longer than three months, counting from the day of submitting a complaint in writing with all the explanations in respect of the discovered shortcomings in the silver coins. The replacement silver coins which are delivered after the complaint will go through the same control process, and the same conditions in respect of the warranty period and quality according to this Tender Documentation are applicable to them. In case there is a complaint related to quality, the Central Bank may use its right to activate the performance guarantee. III) QUALIFICATION TERMS 15 Requirements for qualification in respect of personal ability (Article 45 of PPL) and the required evidence The Bidder is obliged, with purpose of proving personal ability to prove that: a) It has not been convicted by the valid judgment in criminal proceedings for the criminal offences of organized crime, corruption, fraud or money laundering, in accordance with the applicable regulations in Bosnia and Herzegovina or the country where it is registered; b) It is not bankrupt or subject to bankruptcy proceedings, except in case of the existence of the applicable decision on the confirmation of the bankruptcy plan, or not subject of liquidation process, i.e. it is not in the process of suspending the business activity, according to the applicable regulations in Bosnia and Herzegovina or the country where it is registered; c) It has fulfilled the obligations relating to the payment of pension and disability insurance and health insurance, in accordance with the applicable regulations in Bosnia and Herzegovina or in the country where it is registered; d) It has fulfilled the obligations relating to the payment of direct and indirect taxes, in accordance with the applicable regulations in Bosnia and Herzegovina or the country where it is registered. With purpose of proving the requirements from items a) to d), the Bidder is obliged to submit the statement which is filled in and certified by the competent authority (public notary or court or municipality or similar), which is an integral part of the invitation (Annex III). Only the Bidder selected as the best one in this procedure of public procurement is obliged, before concluding the Contract, to submit the following evidence with purpose of proving the facts confirmed in the Statement as it follows: 10

11 a) Certificate from the criminal records of the competent court that it has not been convicted by the valid judgment in criminal proceedings for the criminal offences of organized crime, corruption, fraud or money laundering, in accordance with the applicable regulations in Bosnia and Herzegovina or the country where it is registered; b) Certificate or confirmation from the records where the facts are recorded that it is not bankrupt or not subject to bankruptcy proceedings, except in case of the existence of the applicable decision on the confirmation of the bankruptcy plan, or that it is not subject of liquidation process, i.e. is not in the process of suspending the business activity, according to the applicable regulations in Bosnia and Herzegovina or the country where it is registered; c) Certificates by the competent tax authority or, if the Bidder is not registered in Bosnia and Herzegovina, confirmation or certificate from the records on the basis of which it can be concluded that it properly fulfils the obligations relating to the pension and disability insurance and health insurance; d) Certificates of the competent institution(s) on the properly settled obligations related to direct and indirect taxes. In case the Bidders have a concluded agreement on the rescheduling of obligations, i.e. postponed payment, on the basis of the contributions for pension-disability insurance, health insurance, direct and indirect taxes, they are obliged to submit the certificate of the competent institution(s) that the Bidder settles its rescheduled obligations according to the defined plan. If the Bidder has concluded an agreement on the rescheduling of obligations or postponed payment of obligations and carried out only one payment of the obligations, immediately before the Bid submission, it is not considered that it settles its liabilities according to the defined plan and such Bidder will not be qualified in this procedure of public procurement. The evidence which the selected Bidder is obliged to submit have to include the confirmation that at the moment of submitting the Bid, it fulfilled the requirements of the Tender Documentation. Otherwise, it will be considered that it has given a false statement. The evidence on the fulfilment of the requirements must be submitted within twenty (20) days from the day of receiving the notice on the results of this public procurement procedure. The evidence submitted by the selected Bidder cannot be older than three months counting from the moment of submitting the Bid. The selected Bidder has to meet all the conditions in the moment of Bid submission, otherwise it will be considered it has given a false statement from Article 45 of the Law. The Contracting party can disqualify the Bidder from this procedure of public procurement if the Applicant/Bidder has been guilty of grave professional misconduct committed during the period of three years prior to the beginning of procedure which the Contracting party may prove by any means, in particular, significant and/or repeated faults in performing essential requirements under the Contract which led to its premature termination (e.g. evidence on premature termination of the an earlier contract due to the failure to meet an obligation according to the Law on Obligations), damage (valid judgment of the competent court for the damage suffered by the Contracting party), or other similar consequences due to an intent or 11

12 negligence of a certain gravity of a business entity (the evidence according to the existing regulations in Bosnia and Herzegovina). All the submitted documents before the contract conclusion will be examined and evaluated by the Committee in charge of conducting the procurement procedure, on which the special Minutes will be made. 16 Other requirements for qualification (Articles 46, 48 and 50 of PPL) with purpose of proving the abilities of the Bidder and the evidence required 1) The Bidder is obliged with purpose of proving the ability of performing the professional activity (Article 46 of PPL) to prove that it is registered for the performance of the professional activity providing services of production of silver coins, which is the subject of this procurement procedure. In that respect, the following will be taken into consideration as evidence: Decision on entry into court or other registry, certificate from the court or other registry or other appropriate equivalent document which meets the requirement from Article 46 of the Law, issued by the competent authority, according to the applicable regulations of the country where the Bidder is seated/the country where the Bidder is registered, on the basis of which it can be undoubtedly determined that the Bidder is registered for performing the relevant activity. In case the mentioned documents related to the ability for performing the professional activity of the Bidder (Article 46 of the Law) are not submitted, or if they are not submitted in the way as required above, the Bidder will be excluded from further participation due to the failure to meet the mentioned requirement for qualification. 2) In respect of the economic and financial ability of the Bidder (Article 47 of PPL), the Bidders are obliged to fulfil the following conditions: a) The Bidders need to have the recorded positive business result, i.e. they must not operate with a loss, in the previous 3 financial years, pursuant to the regulations regulating the end of the financial year in the country of origin of the Bidder, i.e. from the moment of the registration of the Bidder, in case the Bidder was registered, i.e. started to work less than 3 years ago. With purpose of proving the condition related to economic and financial ability, the Bidder is obliged to submit the following documents in the first stage of prequalification: a) Operating statements or abstracts from operating statements for the period of the last 3 financial years (or from the moment of registration i.e. beginning of operations of the Bidder if it was registered, i.e. started its operations less than three years ago), if the publishing of operating statements is the legal obligation in the country where the Bidder comes from (in which it is registered). In case when there is no legal obligation of publishing operating statements in the country where the Bidder is registered, it is obliged to submit a statement certified by the competent authority. 12

13 3) In respect of technical and professional ability (Articles 48 and 50 PPL), the Bidders are obliged to meet the following requirements: a) The Bidder must have a successful experience in the realization of one or more contracts for producing silver coins in the last three years, counting from the deadline for submitting the Bid, in the total minimal value of the realized contracts of at least KM (presented in the counter-value of euro EUR ); b) The Bidder must meet the appropriate standards for quality assurance and environmental protection; c) The Bidder must meet the conditions in respect of technical equipment and abilities, meaning that it has available the laboratory for the control of the quality of the silver coins (its own laboratory or using the capacities of other entities - a contract with the accredited laboratories which control the quality of the silver coins). With purpose of proving the conditions related to technical and professional ability, the Bidder is obliged to submit the following documents: a) The list of the performed contracts the subject of which is the service of producing silver coins, with the obligatory submission of certificates on their realization provided by the other contracting party (ordering party). The certificates must necessarily include the following data: - Name and seat of the contracting parties, - Subject of the contract, - Value of the contract and the quantity of produced silver coins, - Time and place of the contract implementation, - Statement that the contract has been dully performed. In case all the above mentioned Certificates cannot be obtained from the other contracting party, out of objective reasons, the Statement of the business entity on properly performed contracts shall be valid, which is delivered with the List of performed contracts, which in this case needs to contain all the above mentioned data (specifically the Statement and the List of performed contracts as two separate documents). In this case, the Provider is required to present the evidence on attempts made to provide the Certificates from its own ordering parties (e.g. Request to issue the certificate, request to the service user sent in time and similar). The Contracting party in this case reserves the right to check all the quotations from the Statement and the List of Bidders! b) Certificate/standard: ISO 9001 and ISO The Contracting party will accept also other equivalent measures (standards) for quality assurance and environment protection, from the Bidders which do not have ISO certificates available. It must be obvious from the equivalent standards that the Bidder has implemented measures for quality assurance and environment protection. c) Statement on technical facilities and capacity of Bidder to perform the contract - signed and certified Statement - data about its own laboratory or an accredited 13

14 laboratory for quality control of the silver coins, available to Bidder. The Statement is created by Bidder. The Contracting party may ask in writing the Bidder to explain the submitted documents, without changing the essence of its request, within a period specified by the contracting party. IV Data on the Bid 17 Way of Bid preparation The Bid is delivered in English. While preparing the Bid the Bidder needs to adhere to the requirements and terms from this Invitation to Bid. The Bidder must not amend or supplement the text of the Tender Documentation. 18 Way of the Bid delivery, address for the Bid delivery and the final deadline for the delivery The Bid, regardless of the way of delivery (mail, personally) must be received by the Contracting party, at the following address: Centralna banka Bosne i Hercegovine, Maršala Tita 25, Sarajevo, not later than 21 April 2017, until 10:00 hours. Bids received after that deadline shall be considered as late and, as such, it shall be returned to the Bidder without opening. The Bid is to be delivered at the mail office of the Contracting party or via public post office at the address of the Contracting party, in the closed envelope, on which, it should be written at the front side of the envelope: PONUDA ZA NABAVKU USLUGA IZRADA JUBILARNIH SREBRENJAKA ZA POTREBE CENTRALNE BANKE BOSNE I HERCEGOVINE NE OTVARAJ OTVARA KOMISIJA At the back of the envelope the Bidder is required to specify: Name and the address of the Bidder/group of Bidders. The Bid is firmly bound in a way to prevent subsequent taking out or inserting of the sheets. If the Bid is prepared in two or several parts, each part is firmly bound in the way to prevent subsequent taking out or inserting of the sheets. The firm binding is considered to be binding with the safety string/cord (notary thread) or the firm book binding with the hard book covers. The Bid bound with spiral binding or in an ordinary plastic folder shall not be accepted! 14

15 It is obligatory to deliver one original and one copy of the Bid, having in mind that both the original and the copy of the documentation need to be bound firmly in the previously described way (when binding the copy of the Bid, the copy of the Bid Bond can be bound together, but, with the original Bid, the original Bid Bond is submitted without damages, according to Item 6 of this Documentation). The pages of the Bid are marked with numbers, so that the ordinal number of the page should be visible. When the Bid is prepared in several parts, the pages are marked in the way that each following part starts with the ordinal number which is a continuation of the ordinal number of the last page of the preceding part. The Bid will not be rejected under the condition that the sheets are numerated in the way ensuring the continuation of numeration, so it will be considered a slight deviation, which does not alter, or deviates significantly from the characteristics, terms and other requirements, defined in this Tender Documentation. 19 Contents of the Bid All Bidders are obliged to submit the following documentation: Form for Submission of Bid, presented in Annex I; Form for Price of Bid, presented in Annex II; Statement on fulfilment of the terms from Article 45. Par.(1) Items from a) to d) of the Public Procurement Law - Annex III; Written Statement of the Bidder from the Article 52 of the Public Procurement Law - Annex IV; Required evidence on meeting the qualification terms and conditions from Item 16 of Tender Documentation (including all required documents, and Statement created by Bidder); Statement of the Bidder on acceptance of all the conditions from the Tender Documentation (certified by the Bidder and signed by the authorized person of the Bidder) Annex V; Bid Bond in line with the Annex VI; Power of Attorney, presented in Annex VII. Nota Bene: The Contract shall be delivered to the Bidder for signing after the expiration of complaint deadline related to the selection of the Bidder. The elements of this Contract and the clause in the one shall be agreed with the set conditions of this Tender documents, and the terms agreed at the negotiations. 20 Deadline for validity of Bid The Bid submitted by a Bidder should be valid 90 days minimally counting from the day of the final deadline for the Bids submission. 15

16 In case the Bidder does not specify the deadline for the Bid validity, the deadline specified in the Tender Documentation shall be deemed as the deadline for the Bid validity. In case that the period of the Bid validity is shorter than the deadline quoted in the Tender Documentation, the Contracting party shall reject such a Bid, pursuant to the Article 60 paragraph 1) of the Law. The Contracting party retains the right to request in writing the consent for extension of the Bid validity deadline. In case the Bidder does not deliver the written consent, it shall be considered that the Bidder declined the request of the Contracting party, and his Bid shall not be considered in the further course of Procurement procedure. 21 Amendments, supplements or withdrawal of Bids By the expiration of deadline for receipt of Bids, the Bidder can amend or supplement its Bid and so in a way to send, in a separate envelope, all the data contained in Point 18 of the Tender Documentation, with the wording at the envelope as follows: Centralna banka Bosne i Hercegovine Maršala Tita 25, Sarajevo PONUDA ZA NABAVKU USLUGA IZRADA JUBILARNIH SREBRENJAKA ZA POTREBE CENTRALNE BANKE BOSNE I HERCEGOVINE IZMJENA/DOPUNA PONUDE NE OTVARAJ At the reverse side of the envelope the Bidder has to specify: Name and the address of the Bidder / group of Bidders. Until the deadline for submission of Bids, Bidder may give up of his Bid, in a manner to provide a written statement on giving up on the Bid, with mandatory specification of the subject of procurement and the number of procurement, and no later than the deadline for receipt of Bids. The Bid cannot be altered, supplemented or withdrawn after the expiration of the deadline for the receipt of Bids. 22 Negotiations After the Commission examines the submitted Bid, it will organize negotiations with representatives of the Bidder. The negotiations will be held with the competent Commission on 21 April, 2017 in the premises of the Central Bank of Bosnia and Herzegovina at the address: Maršala Tita 25, Sarajevo, starting at 12:00 hours. The negotiations will be carried out according to the order of the receipt of the Bids. The negotiations will be carried out in English. 16

17 The subject of negotiations may be: the manner of performance, particular features of the Technical Specification, possible risks and critical points in the performance process, conditions of performance on the basis of the mentioned requirements, and particularly the price, and other issues which are important for the performance of the relevant Procurement. Taking into account the subject of negotiations, it is necessary that the person, with the Authorization/Power of Attorney to negotiate and decide on the subject of negotiations, on behalf of the Bidder, participates in the negotiations. The results of the negotiations are recorded in the Minutes signed by the authorized/empowered representative of Bidder and representative of the Central Bank s Commission, and they will be also included in the final contract to be concluded with the selected Bidder. Therefore, all the Bidders need to submit Authorization/Power of Attorney (Annex VII), verified by the seal of the Bidder and signed by the authorized person. 23 Bid Bond The Contracting party requires the Bidder to submit the Bid Bond, with the Bid, in the amount of KM (in letters: four thousands and five hundred of convertible marks), which corresponds to the amount of 1.5% out of the estimated value of the procurement. It is allowed to express the amount of the Bid Bond in euro (EUR), but the Bid Bond amount in euro should be equivalent to the amount in convertible marks according to the legal exchange rate of euro against convertible mark, i.e. one convertible mark is euro, or one euro amounts to convertible marks. The Bid Bond, and the way of its submission, is defined according to the By-law on the Forms of the Bid Bond and Performance Guarantee ( Official Gazette of BiH, No. 90/14). The Bid Bond Form is provided in Annex VI of this Tender Documentation, which is Annex 1 of the By-law on the Forms of the Bid Bond and Performance Guarantee, which the Bidders need to submit filled in and verified by the bank. If the Bid Bond is not submitted in a proper way, the Contracting party is obliged to reject such Bid. Bid Bond is submitted in the form of unconditional bank guarantee collectible on first call. The Contracting party may require the extension of the Bid Bond, and in that case, it will contact the Bidders in writing asking for an extension. In case the Bidders fail to submit the consent in writing for the extension of the Bid Bond, and also the extended Bid Bond on the time period defined by the Contracting party, the Bidder will be considered to have given up the Public Procurement process. If the Bid Bond is submitted by a group of Bidders, the Bid Bond can be submitted by one member of the group, several members of the group or all members of the group. The Bid Bond is submitted in original in the closed plastic sheet (which, e.g. on the top is closed by a sticker where the seal of the Bidder is placed, or the opening of the sheet is closed by a safety string/cord, and the sticker is put on and the seal of the Bidder is printed on the place of tying) and it must be bound in the entirety representing the integral part of the Bid. 17

18 The Bid Bond must not be damaged in any way (by perforation etc.) as perforated or damaged Bid Bond cannot be collected. If the Bid Bond is not submitted in the above defined way, such Bid shall be rejected as unacceptable. 24 Performance Guarantee The Contracting party will require a Performance Guarantee from the Bidder whose Bid is selected as the most favorable one. The amount of the Performance Guarantee is 10% of the total Bid value (the amount of the Bid with included taxes and all the dependent accompanying costs). It is allowed to express the amount of the Performance Guarantee in euro (EUR), but the guarantee amount in euro should be equivalent to the amount in convertible marks, according to the legal exchange rate of euro against convertible mark, one convertible mark being euro, i.e. one euro amounts to convertible marks. Performance Guarantee is submitted in the form of the unconditional bank guarantee. The period in which the guarantee should be valid is the following: it starts to be valid from the moment of the Contract taking effect it is valid during the entire warranty period and three months after the expiration of the warranty period, i.e. the total of 9 months from the moment of the Contract taking effect. The Contracting party can realize the guarantee if the Provider fails to meet the Contract provisions. In case of delays in delivery by the Provider, which would require the validity of the guarantee for a period longer than 9 months, the Contracting party reserves the right to require the extension of the Performance Guarantee or the submission of a new Guarantee for the period of delay, and the refusal to extend the Guarantee or submit a new one is a reason for a one-party Contract termination and the activation of the Performance Guarantee which was earlier submitted. The conditions for the returning or keeping the Performance Guarantee: If none of the cases which would require the realization of the Performance Guarantee occurs, the Central Bank will return the Guarantee after the expiry of the Guarantee period. The compensation of the damage on the basis of the Performance Guarantee does not release the Provider from the compensation of the complete damage according to the provisions of the Law on Obligations, in case the amount of damage exceeds the amount obtainable on the basis of the Guarantee. The Performance Guarantee is submitted immediately before the Contract signing, as a condition for the Contract to take effect or at latest within 7 days from the day of the Contract conclusion. In case the selected Bidder fails to submit the Performance Guarantee, the concluded Contract is considered absolutely void. In such case, the Contracting party will offer the Contract conclusion to the second best Bidder. 18

19 The manner of submitting the Performance Guarantee: the Performance Guarantee is submitted in the original. The guarantee must not be damaged in any way (by perforation etc.), since perforated or damaged guarantee cannot be collected. 25 Confidentiality of the business entities Bidders submitting the Bids, which contain certain data being confidential, are obliged, along with the confidential data, to specify the legal basis for consideration of these data as confidential ones. The data that, by no means, can be considered as confidential, pursuant to the Law on Public Procurement are: a) Total and unit prices specified in the Bid; b) Subject of the Procurement, i.e. offered goods, services or work referential for the comparison with the Technical Specification and the evaluation that the Bid is in line with the requirements from the Technical Specification; c) Evidence on personal condition of the Bidder (pursuant to the provisions of the Articles of the Law). 19

20 This Tender Documentation is written in local language and translated into English. In case of any discrepancies or differences between the versions in local and English languages, the version in local language shall prevail. FORM FOR SUBMISSION OF BID - SERVICES Number of Procurement:.... CONTRACTING PARTY: Centralna banka Bosne i Hercegovine Address of the Contracting party: Maršala Tita 25, Sarajevo BIDDER: Name: ID No: Address: CONTACT PERSON (for this Bid) First and Second name Address Telephone Fax Annex I STATEMENT OF THE BIDDER: In the procedure of the Public Procurement which has been started by you and which has been published at web site of the Contracting party, as of:, we submit to you the Bid and we declare as follows: 1 In accordance with the content and requirements of the Tender Documentation for procurement of services production of jubilee silver coins on the occasion of 20th anniversary of the Central Bank of Bosnia and Herzegovina operations, with this Statement, we accept all its provisions in full, without reservation or restriction. 20

21 2 With this Bid we accept all the requirements of the Tender Documentation for the Procurement of services production of jubilee silver coins on the occasion of 20th anniversary of the Central Bank of Bosnia and Herzegovina operations, in accordance with the terms set out in the Tender Documentation, criteria and deadlines laid down, without reservation or restriction. 3 The price of our Bid is: EUR Discount that we allow to the Bid price amounts to: EUR The price of our Bid with the included discount is: EUR Attached to this Invitation is the Form for the Bid Price, which was completed in accordance with the requirements of the Tender Documentation. In case of differences in the price quoted in this Statement and the price quoted in the Form for the Bid Price, the price from the Form for the Bid Price is relevant. 4 This Bid is valid for days (minimum 90), in letters: days, counting from the expiration of deadline for receipt of Bids, i.e. until / / 2017 (date). If the number of days written in figures and letters are different, the number written in letter is valid. 5 If our Bid is the most successful one in this Procurement procedure, we commit: a) to provide evidence of the qualifications, in terms of personal capability, registration, technical and professional skills, required in the Tender Documentation, within the defined deadline, which we confirm with the Statements in this Bid; b) to submit a Performance Guarantee in accordance with the requirements of the Tender Documentation. First and Second name of the person authorized to represent the Bidder: Signature of authorized person: Place and date: Seal of the Bidder: 21

22 Annex II FORM FOR THE BID PRICE Procurement of services production of jubilee silver coins on the occasion of 20th anniversary of the Central Bank of Bosnia and Herzegovina operations Name and ID No of provider: No and... of Bid: No DESCRIPTION QUANTITY Price for 1 piece in EUR 1 Jubilee silver coin pieces TOTAL IN EUR: Total price for total quantity in EUR DISCOUNT: TOTAL VALUE OF BID WITH THE DISCOUNT in EUR: 1 Prices must be expressed in EUR. The price must be specified for each item of the Bid. 2 The Contracting party may not have any costs other than those specified in this Form. The price must include all associated costs. 3 In case of difference between unit prices and total amount, the correction will be made in accordance with the unit prices. 4 Unit price is not considered a calculation error, i.e. it cannot be corrected. Signature and seal of the Bidder: 22

23 Annex III Statement on the fulfilment of the requirements from Article 45. Par. (1) Items from a) to d) of the Public Procurement Law ( Official Gazette of BH, No: 39/14 ) I, the undersigned (name and family name), with personal identification card no: issued by:, as a representative of the business company or economic activity or similar activity, i.e. a representative of the Bidder: (state the position, the name of the business company or economic activity or similar activity), ID number:, the seat of which is in (town/municipality), at the address (street and number), as an Applicant /Bidder in the process of public procurement (to state the exact name and type of public procurement process), which is carried out by the Contracting party: (to state the exact name of the contracting party), and according to Article 45 paragraphs (1) and (4) with full material and criminal responsibility HEREBY DECLARE Applicant/Bidder in the mentioned process of public procurement, which I represent: a) Has not been convicted by the valid judgment in criminal proceedings for the criminal offences of organized crime, corruption, fraud or money laundering, in accordance with the applicable regulations in BH or the country where it is registered; b) Is not bankrupt or subject to bankruptcy proceedings or subject of liquidation process; c) Has not failed to fulfil the obligations relating to the payment of pension and disability insurance and health insurance, in accordance with the applicable regulations in BH or in the country where it is registered; 23