RULES OF TENDER Flight inspection service of LGS Radionavigation Aids in 2017 (identification No. LGS 2016/107) 1. General information

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1 APPROVED: By the Tender Commission SJSC Latvijas gaisa satiksme Minutes of the Meeting Nr. 5 December 206 RULES OF TENDER Flight inspection service of LGS Radionavigation Aids in 207 (identification No. LGS 206/07). General information.. The public tender Flight inspection service of LGS Radionavigation Aids in 207, identification No. LGS 206/07 (hereinafter referred to as Public Tender) is held by SJSC Latvijas gaisa satiksme (further referred to as Customer), registration No: , address: Airport Rīga KDP ēka, Mārupes municipality, LV- 053, Latvia, phone: , fax: , lgs@lgs.lv..2. Customer s contact person: Ēriks Ezeriņš, phone: , iepirkumi@lgs.lv. During the tendering the contact person will provide only organizational information..3. Receipt of Rules of Tender is free of charge. Rules of Tender may be received in several ways:.3.. Rules of Tender are available for download on Customer s website ( under the title CORPORATE INFORMATION in section PROCUREMENT ;.3.2. Tenderers may receive a hard copy of Rules of Tender and their Annexes which are integral parts of the Rules every working day from 8 30 to 7 00 (on Fridays from 8 30 to 6 00 ) in Customer s premises in International Airport Rīga KDP ēka, Mārupes novads, LV 053, Latvia with a prior notice, calling or ;.3.3. Upon a Tenderer s request Tender Commission will mail the Rules of Tender within 3 (three) working days after receipt of such request provided it has been communicated in a due time before the expiry of the submission date;.3.4. By downloading the Rules of Tender or receiving their printouts, Tenderers assume responsibility for checking for any further updates or amendments provided by the Tender Commission on the above said website..4. Tenderer may request a written explanation of the Rules of Tender, sending their request to the Tender Commission, SJSC Latvijas gaisa satiksme, Airport Rīga KDP ēka, Mārupes municipality, LV-053, Latvia, by fax: , or by e- mail iepirkumi@lgs.lv. Tender Commission will send a written answer to the inquirer and post it on the Customer s website under the section PROCUREMENT..5. Tenderers shall undertake all expenses incurred due to preparation and submission of their proposals. Customer shall not have any obligations regarding all these expenses. 2. Subject of the Tender and Terms of Reference

2 2.. Subject of the Tender is Flight inspection service in compliance with the Technical Specification (Annex 5), Draft Contract (Annex 4) and other requirements of the Rules of Tender: 2.2. Tenderer s proposal shall cover the full scope of the Tender subject. Only one version shall be proposed Place and duration of the contract: Latvia, in accordance with Draft Contract (Annex 4). 3. Format of proposals, requirements for submission and order of proposal opening 3.. Tenderers shall submit their proposals every working day from 8 30 till 7 00 (Fridays from 8 30 till 6 00 ) either personally or by post to Tender Commission, SJSC Latvijas gaisa satiksme, Airport Rīga KDP ēka, Mārupes municipality, LV-053, Latvia, starting from the date when the respective Tender has been announced on the Procurement Monitoring Bureau website until 2:00 p.m. (local time) on 6 th of March 207. Proposals shall be delivered to the given address until the above mentioned due date. Proposal submitted after the due date will be returned back unopened Tender Commission will register proposals in the order of their submission in the Tenderers List. Customer will ensure that the list of Tenderers is not made public until the proposal opening date and time The proposal opening meeting will be held at 2:00 p.m. (local time) on 6 th of March 207 in Customer s premises in Airport Rīga KDP ēka, Mārupes municipality, LV-053, Latvia, in line with the Public Procurement Law of Latvia: Proposal opening meeting is held public; Tenderers representatives shall timely apply for participation in the opening meeting, giving a prior notice to Tender Commission s designated contact person (see paragraph.2); Participants of the opening meeting will be registered in the Participants List providing the following information: Tenderer s firm, address, authorized person s name, family name, business title and signature; Tender Commission will open proposals in the order of their submission announcing the Tenderer s firm, submission date and time and the total price of the Financial proposal. Proposal opening procedure as well as the reported information will be registered in the Minutes of the Meeting; If Tenderer requests a copy of the Minutes of the opening meeting, Tender Commission shall provide it within 3 (three) working days after receipt of such request Proposal shall be submitted in one sealed envelope clearly marked as follows: Customer s name and address; Tenderer s company, address, , telephone and fax number; Title and identification number of the Tender: Flight inspection service of LGS Radionavigation Aids in 207 (Identification No. LGS 206/07) note: NOT TO BE OPENED UNTIL 2:00 P.M. (LOCAL TIME) ON 6 th of March The following sections and content are required for each proposal: Cover/Title Page; Table of Contents; 2

3 Introduction and Executive Summary a completed Application Form (Annex ) signed by the Tenderer s executive with the rights of representation or by its authorized person); Selection documents as listed in Section 5; A completed Experience Confirmation Form (Annex 2) Technical Proposal in line with Technical specification (Annex 5) Compliance matrix to Technical Specification (Annex 6); Financial Proposal in EUR (Annex 3) All above mentioned documents and information contained herein must fully correspond to requirements of Rules of Tender Proposal must be signed by the Tenderer s official with signature rights or by their authorized person Proposal documents shall be prepared simply and economically, providing a comprehensive and concise description of the Tenderer s capabilities to satisfy the requirements of the Rules of Tender There is no necessity for expensive bindings or other promotional material unless such material is absolutely pertinent to the proposal. Emphasis should be placed on completeness and clarity of content, and on its compliance with the Rules of Tender Proposal shall have its pages numbered and bound together to avoid their separation. 3.. Proposal documents must be clear and legible to avoid any misunderstanding as to the words and figures with no insertions, corrections, erasures or arithmetic mistakes The language of the proposal and all documents contained herein shall be English or Latvian. Proposal and/or documents in any other language shall be translated into English or Latvian Proposals shall be submitted in computer printouts with a table of contents (one original). The back page shall be marked as follows: Number of pages bound together; Signature of the Tenderer s executive with the rights of representation or of their authorized person; 3.4. All proposal documents shall be prepared in line with these Rules of Tender. If document copies are submitted, they shall be approved by the Tenderer s executive with the rights of representation (signature, date, name, family name) Tenderer shall clearly refer to a part or parts in their proposal that are classified as a commercial in secret (if any) If the envelope has not been formatted in line with the paragraph 3.4, Tender Commission issues a written statement stating the inconsistencies of the format and time and conditions of its reception Modification or withdrawals of the proposal: Tenderers may modify or withdraw the submitted proposal upon a written notice to the Tender Commission prior to the due date set out in the paragraph 3.. of these Rules. 3

4 Such modifications or withdrawals shall be prepared and submitted in a sealed envelope clearly marked as the AMENDMENT TO THE PROPOSAL or WITHDRAWAL OF THE PROPOSAL. Withdrawal is of an unconditional nature and it terminates further participation in the Tender Modifications or withdrawals submitted beyond the due date will not be accepted. 4. Tenderers qualification (selection) requirements 4.. To be eligible for contract award the Tenderer shall be registered in compliance with the legal acts and whenever stated by the law The Tenderer shall also prove that they are not subject to any of the exclusion grounds listed in paragraphs, 2, 3, 4, 5 and 6 of Article 39. of the Latvian Public Procurement Act for the Classic Sector. Resultant hereof, Tenderer shall prove that: Tenderer s insolvency process has not declared, its economic activity has not been suspended or stopped, no legal proceedings have been started in regard to tenderer s bankruptcy or it is not being liquidated; Tenderer has no tax debts on the last day then the proposal can be submitted and on the day when Commission made decision to award with possible contract conclusion rights Tenderer in any of the countries - in Latvia or tenderer s country of registration or permanent residency (including debts of compulsory state social insurance contributions) that in total exceed 50 EUR (one hundred fifty euro); Tenderer or the person who is a member of the tenderer s board or council or a procurator, or a person who is authorized to represent the tenderer in actions related to a subsidiary, has not been found guilty by a decision of a court judgement or a public prosecutor s injunction regarding the punishment that has come into force and has become indisputable within the last 3 (three) years since the day the offers have been submitted to Customer of any of the following crimess: creation of a criminal organization, management, participation in the constituent or an organized group or a criminal in another formation or participation in such an organization to commit criminal offenses; bribery, misappropriation of bribes, intermediation in bribery, unauthorized benefit to the adoption of commercial bribery, unlawful benefit request, acceptance and giving, trading in influence; fraud, embezzlement or money laundering; terrorism, financing of terrorism, incitement to terrorism, the threat of terrorism or the recruitment and training to carry out terrorist acts; human trafficking; tax avoidance and avoidance of similar payments Tenderer, by such a decision of a competent authority or a judgment of a court which has entered into effect and has become non-disputable and not subject to appeal within last 3 (three) years since the day the offer have been submitted to Customer, has not been found guilty of an infringement of employment rights which means: employment of such one or more citizens or nationals of countries, which are not citizens or nationals of the European Union Member States, if they reside in the territory of the European Union Member States illegally; person employment without entering into a written employment contract, not submitting an informative declaration regarding employees in respect of such person within a time period laid down in the laws and regulations, which is to be submitted regarding persons who commence work; 4

5 Tenderer, by such a decision of a competent authority or a judgment of a court which has entered into effect and has become non-disputable and not subject to appeal within the last 2 (twelve) months since the day the offer have submitted to Customer, has not been found guilty of infringement of competition rights manifested as a vertical agreement aimed at restricting the opportunity of a purchaser to determine the resale price, or horizontal cartel agreement, except for the case when the relevant authority, upon determining infringement of competition rights, has released the candidate or tenderer from a fine or reduced fine within the framework of the co-operation leniency program; Person who is responsible for the procurement procedure documents (Customer employee), the procurement commission member or expert is not due to the Tenderer in cases prescribed by Public procurement Law of Latvia (Section 23 first and second paragraph cases), or they are interested in a tenderer's choice, and it is not possible for Customer to prevent this situation with less tenderers restrictive measures The Tenderer has not the restricting competition advantages in the procurement procedure, if this or a related legal person has been involved in preparing the procurement procedure in accordance with Section, fourth paragraph, and it is not possible for Customer to prevent this situation with less tenderers restrictive measures and the Tenderer can not prove that it or any related legal person participation in procurement procedure preparation does not restrict competition Tenderer has provided true information in order to demonstrate compliance with the provisions of this Article or in accordance with the statutory Tenderers qualification requirements, or has provided all the requested information Tenderer shall comply with requirements of the Technical Specification (Requirements and Specifications) (Annex 5); 4.4. Tenderer shall comply to flight inspection organization s requirements of Latvian Civil aviation agency (further CAA) including fleet, equipment, personnel, procedures and etc. in accordance with ICAO Doc. 807 and national regulations Tenderer have previous experience in at least 4 (four) flight inspections (with similar amount and scope of works as mentioned in Technical specification (Annex 5)) performed the last 2 (two) years, or as far as information is available taking into account the Tenderer's founding time. 5. Tenderers qualification (selection) documents 5.. To demonstrate their compliance with the qualification requirements set out in the Rules of Tender, the Tenderer shall submit the following documents: 5... Application Form in line with Annex signed by the Tenderer s executive with the right of representation or by Tenderer s authorized person. If Tenderer is a partnership and no rights of representation have been assigned in the contract, then every member of a partnership shall sign original Application Form (Annex ); A copy of Certificate of Incorporation; 5

6 5..3. A document (the original or a copy approved by the Tenderer) certifying the rights to sign the Tender documentation on behalf of the Tenderer (e.g. a reference issued by the Latvian Company Register or a respective foreign register (for non-domestic Tenderers) - original or a copy approved by the Tenderer s executive listing the names of the Company executives with the right of representation. Such reference shall be issued not earlier than a month prior to the submission date). If proposal is signed by another person, then a respective warranty shall be enclosed (the original or a copy approved by the Tenderer) A document that proves that none of exclusion grounds referred to in paragraph 4.2 above are applicable to the Tenderer. The following references/certificates issued by respective institutions can be submitted proving that: a. Tenderer has not been declared insolvent, is not undergoing liquidation and economic activities have not been suspended, as per Article 4.2.; b. Tenderer has no tax debts on the last day then the proposal can be submitted and on the day when Commission made decision to award with possible contract conclusion rights Tenderer in any of the countries - in Latvia or tenderer s country of registration or permanent residency (including debts of compulsory state social insurance contributions) that in total exceed 50 EUR (one hundred fifty euros), as per Article 4.2.2; c. Tenderer does not have violations of regulatory employment enactments, as per Article 4.2.4; d. Tenderer has not been found guilty of the Competition Law violations, as per Article 4.2.5; e. Neither Tenderer or persons who have the right of representation or persons, who have the decision making or supervision rights in respect to the Tenderer, have been found guilty of offences referred to in Article 4.2.3; references shall be submitted both for Tenderer as a legal entity and for its representatives with decision making or representative powers Domestic tenderers have to submit reference prepared by States Revenue Service (hereafter - SRS) Electronical Declaration System (hereafter - EDS) regarding tenderer s and its subcontractors indicated in the proposal (Tenderer have to indicate it s subcontractor if, the value of services delivered by subcontractor is at least 20% of the total value of the public service contract) employee s average hourly wage rates for groups of professions ( "Statement on the average hourly wage rate") The aforesaid references shall be issued not earlier than a (one) month prior to their submission date Foreign Tenderers and subcontractors which are registered in foreign country, and are not registered in Latvia s SRS don t have to submit reference mentioned in paragraph Tenderer documents outlined in paragraph can add to Tenderers proposal. If Tenderer chooses not to add documents outlined in Article to Tenderers proposal, the Commission will ask the Tenderer to submit them during the proposal evaluation Where the laws of Tenderer s registration country do not provide for the issue of any of the above said references, Tenderer shall submit acknowledgment or explanation in order to substantiate the statutory grounds of its country. In this case Tenderer shall prove its eligibility by any other means available in its country or registration Tenderer failing to submit the above said documents in the Tender Commission s requested term will be excluded from further participation in the Tender 6

7 5.4. Special aerial work approval of flight inspection organization by Latvian CAA including fleet, equipment, minimum weather condition for visual and instrumental flights, procedures and personnel. To request the approval Tenderer shall fill out and submit the Flight Inspection Provider Application Form (Annex 7) with attention to Latvian CAA with attention to: Edgars Dreijers Head of Aviation Telecommunications Oversight Section and Civil Aviation Agency of Latvia 0/ Riga International airport LV-053, edgars.dreijers@latcaa.gov.lv The copy of request for approval and Application Form shall be submitted to LGS with attention to : Sergejs Jahnovics Head of Navigation Division Latvijas Gaisa Satiksme International airport "Riga" Marupe municipality, Latvia, LV-053 Tel: sergejs.jahnovics@lgs.lv 5.5. Flight Inspection Organization approval from NSA of origin country, any other available approval of NSA from EU or associated member countries Tenderer shall be ready forward to CAA the copy of additionally requested documents related to details of flight inspection organization, fleet, equipment, personnel (pilots and flight inspectors), training, insurance and etc Tenderer is eligible to enclose any other extra documents that in their opinion are appropriate to justify their compliance with the selection requirement outlined in paragraph 4.3 or may serve as evidence to prove that evaluation process has been launched Confirmation of experience: a list of at least 4 (four) flight inspections performed within last 2 (two) years or as far as information is available taking into account the Tenderer s founding time, enclosing 2 (two) customer statements of reference, including types of inspected radionavigaition aids and contact information of the person responsible for flight inspection. Filling Previous experience form (Annex 2); 5.9. Foreign Tenderers are eligible to submit different documents than those set out in paragraphs 5..2 and 5..3 provided that they are issued by foreign institutions, authorities or persons thus entitled under the applicant s country of registration and that the respective legal basis is indicated. Where the laws of the Tenderer s registration country do not provide submission of documents required in paragraphs 5..2 and 5..3, the Tenderer shall submit acknowledgment or explanation in order to provide the requested information If Tenderer is a partnership, it shall be clearly stated which person has been authorised to represent the partnership for the purposes of the given Tender by completing the 3 rd paragraph of the Application Form (Annex ) and enclosing documents listed in paragraph 5.8. of the Rules of Tender. 5.. Partnership shall submit the following documents: 5... Power of attorney issued by partnership to the person who has been authorised by the rest of the partnership members to act on their behalf by signing and submitting the Tender documents and perform other activities in the given tender, or partnership agreement signed by all members that clearly states the person who has been authorised to act on behalf of a partnership and each member s scope of responsibility (original documents or their approved copies); 7

8 5..2. copy of Certificate of Incorporation of legal entities involved in a partnership; Application Form (Annex ) signed by the authorised person and clearly stating the following: a) list of partnership members with name of company, registration number, address and phone for legal entities and name, personal ID, postal address and phone for physical persons; b) each member s scope of responsibility in %; c) description of a part/parts of contract to be performed by each member Confirmation signed by the authorised person clearly stating that partnership members comply with the qualification requirements set out herein in paragraph Selection documents listed in Section 5 justifying member s compliance with qualification requirements and its ability to perform the part of contract as stated in Application Form If Tenderer has a subcontractor that is contracted for services exceeding 20 % of the total contract value (or regardless of the volume of subcontracted services relies on subcontractor to demonstrate its ability to meet the qualification requirements outlined herein), then Tenderer shall complete the 4 th section of Application Form (Annex ) clearly stating the scope of subcontracted services (% of the total contract value) and providing a detailed description of subcontracted part, and enclosing the following documents: Subcontractor s confirmation (original) or cooperation agreement between Tenderer and subcontractor (original or copy approved by the Tenderer) justifying subcontractor s will to perform the assigned part/parts of the contract A copy of subcontractor s Certificate of Incorporation A document (the original or a copy approved by the Tenderer) certifying the rights of a person having signed the confirmation statement or cooperation agreement to act on behalf of the subcontractor (e.g. a reference issued by the Latvian Company Register or a respective foreign register for non-domestic Tenderers (original or a copy) that lists names of the Company executives with the right of representation. Such reference shall be issued not earlier than a month prior to the submission date). If above said documents are signed by another person, then a respective warranty shall be enclosed (original or a copy approved by the Tenderer) Respective copies of selection documents (Section 5) to justify that subcontractor s qualification complies with the requirements and is appropriate for performance of the assigned part/parts of the Contract subcontractor s confirmation (original) on compliance with the qualification requirements set out herein in paragraph 4.. and Technical proposal 6. Technical proposal shall be prepared and submitted in line with the Technical specification (Annex 5). 6.2 The Tenderer shall prepare and submit Compliance Matrix to Technical Proposal in line with Annex Financial proposal 7.. Financial proposal shall be prepared in line with the Financial proposal form (Annex 3) Financial proposal shall be inclusive of all costs related to Flight inspection services. Proposal shall be inclusive of all costs and all state and municipal taxes and duties. 8

9 Financial proposal shall be exclusive of Value Added Tax (VAT). VAT shall be indicated separately Financial proposal shall be in euros (EUR). Costs shall be calculated and approximated with accuracy of 2 (two) decimal places. 8. Proposal evaluation and decision making procedure 8.. Tender Commission will select Tenderers and will examine compliance of proposals in line with the requirements set out in the Rules of Tender Only those proposals submitted by the due date and in line with the terms set out in the Rules of Tender will be compared and evaluated Proposals shall be evaluated by examination of their compliance in the following order: Qualification (selection) documents; Technical Proposal; Financial Proposal Tenderer s qualification test: Tenderer will be excluded from further participation in the Tender during the qualification test and the respective proposal shall not be further examined, if selection documents have not been submitted in line with the Tender requirements and/ or their content does not meet the Tender requirements and / or false information has been provided to pass the qualification test or no required information has been submitted at all, int.al., no additional information required by the Tender Commission has been provided in the requested term Tenderer will be excluded from further participation in the Tender, if any of the exclusion conditions set out in the Clause 39 of the Public Procurement Law of Latvia is applicable to subcontractor that is contracted for services exceeding 20 % of the total contract value, member of a partnership, or the Tenderer s designated person on whom the Tenderer relies to demonstrate its ability to meet the qualification requirements outlined herein Examination of the Technical Proposal: Tenderers who have passed the qualification test are further qualified for examination of compliance of Technical Proposals Tenderer will be excluded from further participation in the Tender and the proposal will not be examined, if Tender Committee states that: Technical Proposal documents have not been submitted/ information requested by the Technical Proposal form has not been provided or Technical Proposal documents and /or their content do not meet the requirements set out herein; Technical Proposal does not meet the rules of the Technical Specification (Annex 5); Technical Proposal does not cover the full scope of the subject and/or two or more versions have been submitted Examination of the Financial Proposal: Tenderers who have passed the technical part will further qualify for financial evaluation Tender Commission will first check accuracy of the Financial Proposal. If arithmetical mistakes are identified, Commission will act in line with Clause 56 third paragraph of the Public Procurement Law of Latvia. 9

10 Tender Commission, in accordance with Public Procurement Law of Latvia Article 48 part. will evaluate references from EDS submitted by domestic tenderers, checking the tenderer's or its subcontractors employees average hourly rate of at least one of the profession groups in the first three quarters of the last four quarters period before the proposal submission date less than 80 percent (or is less than the national minimum hourly wage rate) of the employees average hourly rate in the relevant profession groups in the country during that period by the SRS collected data published in the Internet homepage of the SRS. If the applicant as a taxpayer is registered in the last four quarters period before the proposal submission date to take into account the employees average hourly rate for the period from the month following the registration month prior to proposal submission date If Commission finds that rate mentioned in clause is lower, Commission will: require from Tenderer a detailed explanation of the difference between the tenderer and mentioned subcontractors employees average hourly rates of profession groups and the data collected by SRS for workers average hourly wage rates for profession groups require from SRS statement of the tenderers and its mentioned subcontractors employees average hourly rate in accordance with validity of the tenderer s and its mentioned subcontractors economical activity evaluate explanation submitted by tenderer and statement received from SRS Tender Commission will check if the Financial Proposal is not undervalued (i.e. if the price is unjustifiably low) and will act in line with Clause 48 of the Public Procurement Law of Latvia. Unjustifiably low-priced proposals will be declined Out of fully compliant proposals the lowest price proposal will be selected. 9. Steps to be taken prior to the decision on contract award 9.. Pursuant to the Article 39 third paragraph,.section of the Public Procurement Law of Latvia, the following steps will be taken prior to award of the contract: 9...if a domestic Tenderer qualifies for the contract award, Tender Commission will: a. request the information on insolvency and liquidation processes from the Register of Enterprises; b. obtain the information on suspension of economic activities and on tax debts (including debts of compulsory state social insurance contributions) that in total exceed 50 EUR (one hundred fifty euros), in respective public databases of the SRS; c. obtain the information on violation of regulatory employment enactments from the State Labour Inspection; d. obtain the information on the violations of the Competition Law from the State Labour Inspection; 9..2.If according to the database records, a domestic Tenderer (members of a partnership, if the Tenderer is a partnership; subcontractor that is contracted for services exceeding 20 % of the total contract value; or regardless of the volume of subcontracted services relies on subcontractor to demonstrate its ability to meet the qualification requirements outlined herein) on the last day then the proposal can be submitted and/or on the day when Commission made decision to award with possible contract conclusion rights Tenderer has tax debts (including debts of compulsory state social insurance contributions) that in any country total exceed 50 EUR (one hundred fifty euros), Tenderer may upon the Commission s written request submit a proof that the tenderer on the last day then the proposal can be submitted and/or on the day when Commission made decision to award with possible contract conclusion rights Tenderer did not had tax debts (including debts of compulsory state social insurance contributions) that in any country total exceed 50 EUR (one hundred fifty euros). Such proof shall be 0

11 submitted within 0 (ten) days. Tenderer failing to submit the above said documents in the Tender Commission s requested term will be excluded from further participation in the Tender Domestic tenderer or members of a partnership, if the Tenderer is a partnership; subcontractor that is contracted for services exceeding 20 % of the total contract value; or regardless of the volume of subcontracted services relies on subcontractor to demonstrate its ability to meet the qualification requirements outlined herein to demonstrate absence of tax debts in term mentioned in paragraph have to submit: Certified printout from SRS EDS, regarding absence of tax debts Copy of a SRS issued decision of the tax extension or postponement or agreement with the SRS on tax debt, or other objective proof of the absence of tax debts. Document has to be issued on the last day then the proposal can be submitted and/or on the day when Commission made decision to award with possible contract conclusion rights Tenderer Tenderer will be asked to replace the subcontractor that is contracted for services exceeding 20 % of the total contract value; or regardless of the volume of subcontracted services relies on subcontractor to demonstrate its ability to meet the qualification requirements outlined herein, if Customer finds that it has any of the exclusions mentioned in paragraph if Tenderer does not submit documents regarding replacement Tenderer will be excluded from further participation in the Tender From domestic Tenderer s member of the board or council, representatives or proctor or person who is authorized to represent tenderer in activities related to the branch and for persons living or registered abroad, Commission will require to submit relevant competent authority statement that certifies, that the exclusions mentioned in paragraph does not apply to the Tenderer (members of a partnership, if the tenderer is a partnership; subcontractor that is contracted for services exceeding 20 % of the total contract value; or regardless of the volume of subcontracted services relies on subcontractor to demonstrate its ability to meet the qualification requirements outlined herein). Such statement shall be submitted within 0 (ten) working days. Tenderer failing to submit the above said documents in the Tender Commission s requested term will be excluded from further participation in the Tender If such documents, with which a Non-domestic Tenderer may confirm above said eligibility criteria, is not provided because the laws of Tenderer registration country do not provide them, these documents may be replaced by a declaration on oath, if oath national legislation does not - with the same candidate, applicant or other in the first paragraph of that person's testimony to a competent executive or judicial authority, sworn notary or a competent trade organization of registration (permanent residence) in the country. 0. Decision on contract award and contract signature 0.. Out of fully compliant proposals the lowest price proposal will be selected Tender Commission may decide to terminate the Tender, if no proposals are submitted or none of them is compliant with the requirements of the Rules of Tender as well as in other cases set out in the Public Procurement Law of Latvia All Tenderers will be informed about the Tender results in writing within 3 (three) working days after the Customer s decision date A contract shall be concluded between the selected Tenderer and SJSC Latvijas gaisa satiksme in line with requirements set out in Clause 67 of the Public

12 Procurement Law of Latvia and in line with the draft contract of these Rules (Annex 5) The selected Tenderer shall sign the contract within 20 (twenty) working days from the date Customer has sent out respective invitation. Failure to sign the contract within the above said term will be considered a refuse. Tender Commission will then act in line with the Public Procurement Law of Latvia If the selected Tenderer refuses to sign the contract (Annex 4), Customer is entitled to sign the contract with the Tenderer who has submitted the next economically advantageous tender or to terminate the Tender. If the second Tenderer refuses to sign the contract, the Tender shall be terminated with no results Upon Customer s request, a partnership that would qualify for the contract award shall register a general partnership [general partnership or limited partnership] in the Commercial Register of Enterprises of Latvia (or a similar legal form in respective Foreign Register) in line with the tendered scope of responsibility within 0 (ten) working days from the date of results statement publication on the website of Procurement Monitoring Bureau of Republic of Latvia ( The contract among the general partnership and customer shall be signed after the certificate of partnership s incorporation (or its copy) has been made available to the Customer. If the partnership has not been registered within 0 (ten) working days after the result statement s publication date it shall imply a refusal to enter into contract.. Rights and obligations of Tender Commission.. Commission is entitled to:... suspend the tendering procedure at any stage provided there is an objective justification; such justification shall be made available to the Procurement Monitoring Bureau and all Tenderers;..2. request or obtain the required information from competent institutions, public data bases or any other public sources. The respective Tenderer is eligible to submit a reference or any other document, if the information the Commission has in its disposal is non-compliant...3. exclude Tenderer from further participation, if Tenderer or the designated person on whom Tenderer relies to demonstrate the ability to meet the qualification requirements have provided untrue information...4. request Tenderer to present more detailed information on the proposal. Tenderer shall submit such information in the requested term. If Tenderer fails to reply to such request, the Commission shall evaluate the proposal on the basis of documents enclosed with the proposal...5. request the original or an approved copy, if Commission doubts the authenticity of the submitted copy...6. invite experts who are not Commission members to receive their opinion which is not binding for the Commission...7. be responsible for all issues regarding the tendering procedure..2. Commission is obliged to:.2.. prepare all tendering documents and to keep the minutes of all Commission meetings;.2.2. ensure that every step of tendering process has been documented ensure a free competition as well as an equal and fair attitude to all Tenderers;.2.4. on request provide information on the Rules of Tender in line with the legal acts; 2

13 .2.5. ensure that during the examination of Proposal format, selection of the Tenderers, Proposal compliance check and their evaluation proposals are made available only the persons involved in the tendering;.2.6. ensure that information contained in proposals is used only for the purposes of selection of the winner and for signing of the respective contract and request a written permission from the Tenderer to use the information contained therein for other purposes. 2. Tenderer s rights and obligations 2.. Tenderer is entitled to: 2... upon submission of the proposal to request a receipt confirmation; before the due date of the Tender to amend or withdraw the proposal by giving a written notice. Amendments or withdrawal shall meet the requirements set out in the Rules of Tender; participate at the Tender opening meeting Tenderer is obliged to: prepare the proposal in line with requirements set out in the Rules of Tender; provide only true information; submit additional information upon Commission s request; assume responsibility for all cost incurred during preparation and submission of the proposal. 3. Other conditions 3.. Information exchange between Commission and Tenderers shall be only in writing. Verbal communication during the tendering is not binding The Rules of Tender are prepared and approved in English. The Rules of Tender consist of general regulations on 3 (thirteen) pages, and of 7 (seven) Annexes. Annexes are integral parts of the Rules of Tender: Annex Application Form on 2 (two) pages; Annex 2 Experience Confirmation Form on (one) page; Annex 3 Financial Proposal on 2 (two) pages; Annex 4 Draft Contract on (eleven) pages; Annex 5 Technical Specification on 3 (thirteen) pages; Annex 6 Compliance Matrix to Technical Specification on (one) page; Annex 7 - Flight Inspection Provider Application Form on 6 (six) pages. Evita Morkūna Deputy Chief of Tender Commission 3

14 Annex APPLICATION FORM FOR PARTICIPATION IN THE PUBLIC TENDER Flight inspection service of LGS Radionavigation Aids in 207 (identification No. LGS 206/07) Tenderer,, registration number, Tenderer s Firm represented by name, family name and business title of a person with the rights to represent the Tenderer. by this application:.. is applying for participation in the public tender Flight inspection service of LGS Radionavigation Aids in 207, identification No. LGS 206/07;.2. confirms that Tenderer is registered in compliance with the legal acts and as stated by the law, as well as has been licensed or certified in line with the legal acts of the respective country;.3. The Tenderer has provided true and complete information for evaluation of their qualification..4. The Tenderer confirms that they agree with the Draft Contract rules set out as Annex 4; 2. Information on the Tenderer: 2.. Tenderer s Title: 2.2. Registration date: 2.3 Registration No: 2.4. VAT No: 2.5. Legal address: 2.6. Office address: 2.7. Contact person (name, family name, position): 2.8. Phone number: 2.9. Fax number: If Tenderer is a partnership: 3..persons involved in the partnership (title, registration number, legal address): 3.2.volume of responsibility of each member: 3.3.person who is representing the partnership in the given Tender: 4. If Tenderer has involved subcontractor that has been contracted for services exceeding 20 % of the total contract value (or regardless the volume of subcontracted services relies on any subcontractor to demonstrate its ability to meet the qualification requirements outlined herein): 4.. subcontractor s firm, registration number, legal address: 4

15 4.2. part/parts of the contract to be subcontracted: Signature: Name, family name: Position: Application signed on: th (date) (month) 207 5

16 EXPERIENCE CONFIRMATION FORM Public Tender Flight inspection service of LGS Radionavigation Aids in 207 (identification No. LGS 206/07) Annex 2. Tenderer s name: Registered in: With Nr. 2. We certify that we have the following experience in line with paragraph 4.5.: No. Name of client, address Service, amount of service, time of service execution (month and year) Liaison person, phone number We hereby confirm that the information provided herein is true. Signature: Name, surname: Position: Application signed on: th (date) (month) 207 Place for stamp 6

17 PUBLIC TENDER Flight inspection service of LGS Radionavigation Aids in 207 (identification Nr. LGS 206/07) FINANCIAL PROPOSAL FORM Annex 3 Title Month Duration in hours Quantit y Cost per unit Total Cost in EUR.. Ferry flight cost to and from Riga April - May Routine flight inspection cost of two April - May 207 ILS/DME at airport Riga Annual flight inspection cost of one April - May 207 ILS/DME at airport Liepaja Annual flight inspection cost of one enroute/aerodrome VOR/DME (RIA) April - May 207 three en-route VOR/DME (LBN, DGP, VEN).5. Ferry flight cost to and from Riga October - November 207 Annual flight inspection cost of two.6. ILS/DME at airport Riga Routine flight inspection cost of one.7. ILS/DME at airport Liepaja Annual flight inspection cost of one enroute/aerodrome VOR/DME (LEP).8. Annual flight inspection cost one enroute VOR/DME (TUK).9. Routine flight inspection cost of two.0. ILS/DME at airport Jurmala Anuall flight inspection cost of two.. ILS/DME at airport Jurmala Annual flight inspection of one.2. aerodrome VOR/DME (TUK) as part of en-route inspection October - November 207 October - November 207 October - November 207 October - November 207 Cost of extra flight inspection hour (commissioning, annual or routine) 5 Cost per extra ferry flights to and from Riga 7

18 .5. Cost per day at customer site without flight inspection Total sum in EUR for flight inspection VAT sum Total sum in EUR for flight inspection (incl.vat) Please note: ) items No..0 up to.2 are optional. Positions will be included in contract and will be used if necessary. 2) for items No..3 up to.5 Customer gives an approximate quantity (respectively 5; ; 3 hours). However, the costs offered for these items are binding for a Tender and shall be complied with during the contract execution. Signature: Name, family name: Position: Application signed on: th (date) (month)

19 Annex 4 PUBLIC TENDER Flight inspection service of LGS Radionavigation Aids in 207 (identification Nr. LGS 206/07) DRAFT CONTRACT. INTRODUCTION.. State joint stock company Latvijas gaisa satiksme, VAT reg. No.LV , with the place of business in Airport Riga, Marupe Municipality, LV-053, Latvia, hereinafter referred to as LGS, represented by Chairman of the Board Mr. Dāvids Tauriņš and Member of the Board Mr. Elmārs Švēde from one side, has decided to enter into a contract, hereinafter referred to as the Contract, with, VAT reg. No., with the place of business in, hereinafter referred to as Flight Inspection Provider, represented by, from another side, to perform the flight inspection of air navigation aids in Latvia in 207, starting from contract signing day. LGS and Flight Inspection Provider are hereinafter referred to as the Parties..2. Annex, which is an integral part of this Contract, describes the specified extent and nature of the flight inspection work to be performed. If the navaid installations change, Annex may be amended by mutual consent between the Parties without such modification constituting a breach of the Contract. Should such amendments of Annex be made, such amendments shall be agreed between the Parties in written form no less than 30 days prior to the commencement of the desired schedule..3. The purpose of the above mentioned flight inspection is to determine if the air navigation aids meet the standards and requirements as stated in ICAO Annex 0 for safe navigational use. 2. SPECIFICATION STANDARDS 2.. The flight inspection service shall be conducted in accordance with flight inspection procedures, specified within RFP and standards, which are in accordance with ICAO doc 807, ICAO Annex 0. These standards, as well as the parameters to be measured are listed in the Flight Inspection Provider s Operating Manual for Flight Inspection.Those materials are open and can be copied by LGS upon request and shall be handled in accordance with commercial confidence. The National Civil Aviation Authority s Approval Certificate of Flight Inspection Provider dated of is part of this Contract as Annex 2. The National Civil Aviation Authority s Aerial Work Operator Permit including Operation Specification dated, is part of the Contract as Annex Flight Inspection Provider will perform the flight inspection with crew of sufficient knowledge and experience and with equipment of appropriate standard and functionality. The aircraft shall be fully equipped for the flight inspection and for safe conduct of positioning flights. 3. SCOPE AND PURPOSE 3.. The flight inspection shall consist of flight procedures and measurements to determine if the operational performance of the air navigation aids in Latvia meet the requirements in ICAO Annex 0 for safe navigational use by aircraft. The navigation aids agreed to be flight 9

20 inspected, periodicity and the procedures of the inspection is given in Annex, as well as in Tender Invitation Annex 2 - Technical Specification, which is an integral part of this contract Flight Inspection Provider shall perform the flight inspection of the air navigation aids given in part A of Annex. Maximum contract price shall not exceed EUR ( euros and cents), including price for options specified in Annex and extra charges specified in Annex (items.0 up to.2), and is dependent upon actual services requested. The Scope of Flight Inspection may be altered or extended based on mutual agreement. The total Contract Price does not include any value added taxes or customs duties, or any other duties or taxies levied by the Client s country, all of which are the responsibility of the Client Latvian State Authority approvals for all radio transmission devices utilized during inspection shall be received at Flight Inspection Provider s own expenses. 4. FLIGHT INSPECTION SCHEDULE 4.. The flight inspection of the navigation aids is to be scheduled according contract Annex in close co-ordination and communication between the Parties The specific dates of execution of scheduled flight inspection is to be specified by Flight Inspection Provider with appropriate advance notice and is to be confirmed and approved by LGS without undue delay. Changes are only to be made in written form signed by both the Parties LGS will advise Flight Inspection Provider in due time of their need for any nonscheduled flight inspection, and the desired nature of such flight inspection. 5. GENERAL FLIGHT INSPECTION CONDUCT 5. Flight Inspection Provider shall be responsible for recording the measurements of each navigation aid according to their approved practice, including all relevant parameters to assess the performance of the navigation aid under test. 5.2 One representative of LGS can be present on board the flight inspection aircraft as coordinator and general observer of the proceedings. 5.3 Flight Inspection Provider s flight inspector should on-fly, after each performed flight inspection procedure, notify the ground LGS personal in case of any general parameters of inspected navaids is shifted from nominal more than 50% of the corresponding alarm limit defined within ICAO Doc th edition. In case when above specified situation appears LGS reserve the right to request Flight Inspection Provider s flight inspector to repeat procedure after navaids adjustments, taking into account charge rates in Annex. 5.4 A briefing and a de-briefing session shall be held between relevant representatives of the Parties before and immediately after the completion of the flight inspection mission, respectively, to analyze and discuss the results and follow-up actions as required. Flight Inspection Provider s flight inspector during debriefing shall submit the preliminary flight inspection reports, filled and signed, as well as print-outs and recorded files with flight calibration data for each inspected navaids to the LGS representative person. The report shall contain information regarding already performed adjustments and advisory information about the status of the navigation aids. Suggestions and recommendations for corrective actions and possible improvement of the performance of the navigation aids shall be included as appropriate. 5.5 Within two week after debriefing Flight Inspection Provider s shall submit the complete set of flight inspection reports, recorded data files and Work Acceptance Protocol, the 20