Translation from Latvian

Transcription

1 Translation from Latvian APPROVED at SJSC Riga International Airport Procurement Committee meeting of March 27, 2017 (Minutes No.40) SJSC Riga International Airport TERMS OF REFERENCE OF OPEN TENDER PROCEDURE "Purchase of an Aircraft Towing Tractor" TERMS OF REFERENCE (Identification No. AK-16/466) 1. TERMS USED IN THE TERMS OF REFERENCE 1.1. The following terms are used in the Terms of Reference (hereinafter referred to as the Terms of Reference ) of the open tender procedure Purchase of an Aircraft Towing Tractor : Committee - the Procurement Committee of SJSC Riga International Airport authorised to organise the open tender procedure; Tender - Open Tender "Purchase of an Aircraft Towing Tractor (Identification No. AK-16/466); Client - SJSC Riga International Airport, Reg. No , registered address: Lidosta Rīga 10/1, Mārupes novads, LV-1053, Latvia; website: Applicant - a supplier submitting a tender proposal. 2. GENERAL PROVISIONS 2.1. The method of procurement is an open tender The Subject of the Procurement: purchase of one new aircraft towing tractor (hereinafter - Goods), in accordance with the Terms of Reference and Technical Specification (Annex No. 2) The goal of the purchase is to select the tender proposal compliant with the requirements of the Terms of Reference and Technical Specification at the lowest price quoted Tender proposals shall be submitted for the entire scope of the Subject of the Procurement in accordance with the Technical Specification (Annex No. 2) Each Applicant may submit only one version of the tender proposal The selection criterion is the proposal complying with the Terms of Reference at the lowest price quoted. 1

2 2.7. The Procurement Contract will be awarded to the Applicant submitting a tender proposal complying with the Terms of Reference and the Client s requirements, at the lowest price quoted The procurement will be financed by the Client The Client is entitled to enter into a leasing contract for the purchase of the Subject of the Procurement with a lessor selected by the Client The Client shall publish the Terms of Reference, any amendments thereof, the answers to the questions of potential Applicants on the Client s website: The Client shall not be held liable for the tender proposals inadequately drawn up by the Applicants, should the Applicant fail to take into account the amendments, answers and updates regarding the Terms of Reference of the Open Tender procedure published on the Client s website: The tender proposal submitted shall be valid and binding on the Applicant for the following term (whichever is the shortest): (one hundred and twenty) calendar days from the date of opening of the proposal; If the Committee has awarded the contract to the Applicant - until the signing date of the Procurement Contract If the Committee requires that the Applicant extends the validity term and the Applicant wishes to continue its participation in the procurement procedure, the Applicant shall within 5 (five) working days after the receipt of the Committee's written request submit a statement on the extension of the validity term of the proposal Submission of a tender proposal is a manifestation of the Applicant's free will, therefore, regardless of the outcome of the procurement, the Client shall not be held liable for the costs incurred by the Applicant in the course of preparation and submission of its tender proposal If the interested Applicant has timely requested additional information on the Terms of Reference, the Committee not later than within 6 (six) days prior to the submission deadline of tender proposals shall provide answers to the Applicant s questions. The answers shall be published on the Client s website: The answers shall also be sent to the enquirer by post If a tender proposal is submitted by an association of physical or legal suppliers in any composition, the person shall be indicated in the tender proposal who will represent the association of suppliers in the Tender procedure, as well as the scope of responsibility of each participant In the event of engagement of subcontractors, the Applicant shall indicate all such subcontractors and the parts of the contract entrusted to them in percent The Client will publish a call for tenders on its homepage: Organisational information on the Open Tender procedure is provided by Dace Vīgnere, Senior Legal Officer of the Procurement Unit, tel , D.Vignere@riga-airport.com Contract execution deadline not more than 6 (six) months from the entry into force of the Procurement Contract Place for the Contract performance: VAS "Starptautiskā lidosta "Rīga"" (SJSC Riga International Airport), Mārupes novads, lidosta Rīga 10/1, LV

3 3. LOCATION, DATE, TIME AND PROCEDURE FOR SUBMISSION AND OPENING OF TENDER PROPOSALS 3.1. Tender proposals shall be submitted before 28 April 2017, at 14:00, at the Head Office of Riga International Airport, Procurement Unit (Room 609), at working hours: 8:00 12:00, 13:00 16:00. Upon receipt of the tender proposal, the officer of the Procurement Unit will register the date, time of submission, the Applicant s name and the deliverer s name and surname. For identification of the person for receiving a pass for entering the head-office building of Riga International Airport, only a valid identity card (eid) or a passport will be accepted Tender proposals may be submitted in person or sent by post. The tender proposals sent by post shall be delivered before the date and to the location indicated in Article 3.1 herein. The Applicant personally assumes the risk of late delivery If the tender proposal is submitted after the specified closing time of submission, or if the tender proposal is not arranged in such a way that it cannot be viewed before the official opening of the tender proposals, the tender documentation will be registered and sent back to the Applicant by post unopened The tender proposals will be opened in the conference room on Floor 6 of the headoffice building of Riga International Airport on 28 April 2017, at 14: The tender proposals will be opened in the order of their submission. The Committee will open the tender proposal and the Chairman of the Committee will read the main data of the tender proposal from the documentation with the inscription Original : The name of the Applicant and the total quoted price in EUR before VAT. The Committee members will sign the original of the financial proposal At the Applicant s request, the Committee within 3 (three) working days from the date of receipt of a written request will send the Applicant a copy of the minutes of the meeting for opening of the tender proposals The Applicant may amend the submitted tender proposal only before the closing time of submission of the tender proposals The Committee will open the tender proposals in an open meeting, whereas examination of arrangement of documents, the Applicants qualification documents, verification of the conformity of technical proposals with the Technical Specification and assessment of financial proposals will be performed by the Committee in a closed meeting. 4. ARRANGEMENT OF THE TENDER PROPOSAL 4.1. All the documents shall be submitted in paper form in Latvian or English. Documents submitted in other languages shall be supplied with a Latvian or English translation, certified in accordance with the provisions of RL Cabinet Regulation No. 291 of 22 August 2000 Procedures for the Certification of Document Translations in the Official Language The Applicant shall see to it that the proposal and its copies are safely packed so that they cannot be tampered with without damaging the packing; 4.3. The tender proposals shall consist of 3 (three) separately bound parts. The tender documents shall be arranged in the following order: Qualification documents supplied with a Letter of Application; Technical proposal; 3

4 Financial proposal The pages of each volume of the tender documentation shall be numbered, laced through, with a sticker attached indicating the number of pages, stamped and signed by the Applicant s signatory or by the Applicant s authorised officer. Any corrections made in the tender documentation shall be signed by the aforementioned person The Applicant shall submit one original copy of the qualification documents, one copy thereof in paper form, each in a separate binding, and one copy thereof in an electronic data carrier in PDF format; and one original copy of the technical and financial proposal, two copies thereof in paper form, each in a separate binding, and one copy thereof in an electronic data carrier in PDF format. The first page of the original tender documentation package shall be inscribed ORIGINAL and the first page of the copy shall be inscribed COPY. In case of misunderstandings, the documentation inscribed ORIGINAL shall prevail The original copy of the proposal and statements shall be signed by the Applicant s signatory or his/her authorised person. If the Applicant is an association of suppliers, the original copy of the proposal and statements shall be signed by the signatory of each person included in the association or his/her authorised person The copies of the tender proposal and its original shall be packed together. On the outer packaging the following shall be indicated: For Open Tender Procedure "Purchase of an Aircraft Towing Tractor" (Identification No. AK-16/466); "Do not open before 28 April 2017, 14:00"; Applicant`s name and registered address The Letter of Application (Annex No. 1 hereto) shall be attached to the qualification documentation Additions, corrections or revocation of the tender proposal shall be submitted at the Head Office of Riga International Airport, Procurement Unit (Room 609, floor 6) in person or sending by post before 28 April 2017, 14:00 in a closed and sealed envelope. On the envelope the following shall be indicated: For Open Tender Procedure "Purchase of an Aircraft Towing Tractor" (Identification No. AK-16/466); "Do not open before 28 April 2017, 14:00"; The Applicant`s name, address, phone number; Additional inscription on the envelope: ADDITION, CORRECTIONS, REVOCATION Revocation shall have an unconditional character, and it shall exclude the Applicant from further participation in the Tender procedure Should any discrepancies be found between the original and the copies of the tender proposal submitted by the Applicant, the original of the tender proposal shall prevail. 5. QUALIFICATION OF APPLICANTS 5.1.The criteria for qualification of Applicants shall be mandatory for all the Applicants who are willing to win the Tender and sign the Procurement Contract. 4

5 5.2.The Applicant shall conform to the following qualification criteria: QUALIFICATION CRITERIA OF THE APPLICANTS The Applicant is registered in the cases and according to the procedure prescribed by laws and regulations; The Applicant is not declared insolvent, its economic activities are not suspended or discontinued, and no legal proceedings have been initiated regarding its bankruptcy; it is not discovered that by the estimated term of fulfilment of the contract the Applicant will be liquidated The Applicant s official who has signed the tender proposal documents has signatory (representation) rights; The Applicant in Latvia or in the country of its registration or permanent residence (if not registered or permanently residing in Latvia) has no 5 DOCUMENTS TO BE SUBMITTED The Client will check on the website of the Register of Enterprises of the Republic of Latvia ( that the Applicant is registered in the cases and according to the procedure prescribed by laws and regulations. Foreign Applicants shall submit a document issued by an appropriate competent public authority confirming that the Applicant has the legal capability and capacity to sign the Procurement Contract. A reference of the Register of Enterprises of the Republic of Latvia or of a competent public institution of another country (the original or a copy confirmed by the Applicant s signatory or authorised representative), issued not earlier than 3 (three) months prior to submission of the tender proposal, confirming that the Applicant is not declared insolvent, its economic activities are not suspended or discontinued, and no legal proceedings have been initiated regarding its bankruptcy; it is not discovered that by the estimated term of fulfilment of the contract the Applicant will be liquidated. A valid reference (the original or a copy confirmed by the Applicant s signatory or authorised representative)) of the Register of Enterprises of the Republic of Latvia on the Applicant s signatories, or from a competent public institution of the relevant foreign country, if that country s legislation provides for a public register of such data, issued not earlier than 3 (three) months prior to submission of the tender proposal, confirming the signatory (representation) rights of the Applicant; A power of attorney issued by a signatory authorising another person to sign the tender proposal and/or the contract, should this person be appointed to sign the contract; The Client will check in the database of the RL State Revenue Service ( to ascertain that the Applicant (irrespective of

6 tax debt, including compulsory social security payment liabilities, in total exceeding EUR 150 (one hundred and fifty euros) in every country; The Applicant or the person having the Applicant s representation rights or decision-making or supervisory rights in respect of the Applicant has not been found guilty by a court ruling or the prosecutor s injunction that has entered into force and become indisputable, and from the day of its becoming indisputable until the submission day of the tender proposal three years have elapsed, of complicity in criminal corruptive activities, financial fraud, money laundering or a criminal organisation. The Applicant has not been found guilty by the decision of a competent institution or a court ruling that has come into effect and become indisputable, and from the day of its becoming indisputable until the submission day of the tender proposal 12 months have elapsed, of the breach of the competition law in the form of a vertical agreement restricting the buyer s ability to determine a reselling price or of a horizontal cartel agreement, except the case when the appropriate institution has discovered the breach of the competition law and released the Applicant from penalty payment or has reduced the penalty. whether registered or permanently residing in Latvia) has no tax debt in Latvia, including compulsory social security payment liabilities, in total exceeding EUR (one hundred and fifty euros). If at the moment of verification, a tax or social security payment debt is found, the Client will request the Applicant to submit a reference or another document certifying that the Applicant has no tax debt, including compulsory social security payment liabilities. Applicants registered or permanently residing in a foreign country shall submit a reference of a competent foreign institution (the original or a copy confirmed by the Applicant s signatory or authorised representative) certifying that the Applicant in the respective country has no tax debt, including social security payment liabilities, in total exceeding EUR Applicant s written statement (Annex No. 4) Applicant s written statement (Annex No. 4) 6

7 The Applicant has not been found guilty by the decision of a competent institution or a court ruling that has come into effect and become indisputable, and from the day of its becoming indisputable until the submission day of the tender proposal 18 months have elapsed, of material breaching of the labour law by employing one person without a written employment contract if discovered repeatedly in the course of a year, or by simultaneously employing two or more persons without a written employment contract The Applicant is the manufacturer of the offered Subject of Procurement, manufacturer's authorised representative or a representative of the manufacturer's authorised representation office with subdelegation rights to distribute and deliver the Subject of Procurement and carry out its warranty service. A reference (the original or a copy certified by the Applicant s official holding signatory rights or an electronic print-out from the site issued by the State Labour Inspectorate in Latvia not earlier than 3 (three) months prior to submission of the proposal, stating that the Applicant during the last 18 (eighteen) months before the day of submission of its proposal has not been found guilty by the decision of a competent institution or a court ruling that has come into effect and become indisputable of material breaching of the labour law by employing one person without a written employment contract if discovered repeatedly in the course of a year, or by simultaneously employing two or more persons without a written employment contract; Foreign Applicants shall submit the Applicant s written statement (Annex No. 4). Statement of the manufacturer or manufacturer's authorised representation office with sub-delegation rights (the original copy or a copy certified by the Applicant's official with signatory rights) that the Applicant is an authorised distributor of the goods offered holding the rights to ensure delivery and ensure warranty service of the goods offered In the event that the Applicant is not the manufacturer of the Subject of Procurement, a representative of the manufacturer's authorised representation office with subdelegation rights, the Applicant shall submit documents proving the legal origin of the goods and the manufacturer's warranty assurance. If the Applicant is an association of suppliers, at least one of the members of the association shall comply with the requirement set out in this Article. If the Applicant relies on subcontractors potential to fulfil the requirements set out in this Article, the subcontractor involved shall comply with the requirement of this Article. The Applicant has performed no less than 3 (three) deliveries of aircraft towing tractors to other airports during the past 3 (three) years (2014, 2015, 2016 and 2017 until the proposal In the event that the Applicant is not the manufacturer of the Subject of Procurement, a representative of the manufacturer's authorised representation office with subdelegation rights, the Applicant shall submit documents proving the legal origin of the goods and the manufacturer's warranty assurance. Applicant's resume of experience, which certifies its ability to deliver the aircraft towing tractor specified in the Subject of Procurement. The resume shall contain no less than 3 (three) deliveries of aircraft towing 7

8 submission deadline). If the Applicant is a suppliers' association, all the participants of the suppliers association jointly shall have performed no less than 3 (three) deliveries of aircraft towing tractors to other airports during the past 3 (three) years (2014, 2015, 2016 and 2017 until the proposal submission deadline). tractors to other airports during the past 3 (three) years (2014, 2015, 2016 and 2017 until the proposal submission deadline), indicating the scope of delivery, the recipient and the time of deliveries. The Applicant shall complete the table in Annex No. 5 to the Terms of Reference. If the Applicant relies on subcontractors potential to fulfil the requirements set out in this Article, all the subcontractors jointly shall have performed no less than 3 (three) deliveries of aircraft towing tractors to other airports during the past 3 (three) years (2014, 2015, 2016 and 2017 until the proposal submission deadline) If the Applicant is an association of suppliers or a partnership of suppliers, the Applicant shall submit the documents referred to in Articles herein on each person included in the group or the partnership and each member of the partnership. In addition, a contract/agreement, minutes or another document signed by all the persons included in the association of suppliers or a partnership of suppliers shall be submitted, indicating each person s scope of responsibility and the distribution of roles (which participant of the association of suppliers or a partnership of suppliers is authorised to represent the association of suppliers or a partnership of suppliers in submission of the proposal and signing of the Procurement Contract, as well as what share of the Procurement Contract will be taken by each participant of the association of suppliers or the partnership of suppliers). The qualification documents shall be supplemented with the agreement of the association of suppliers on the registration of the association for fulfilment of this Procurement Contract, if the association of suppliers as an Applicant is awarded the Procurement Contract If the Applicant intends to engage subcontractors, on whose potential the Applicant relies to prove the relevance of its qualifications, the Applicant shall submit the documents referred to in Articles herein on each subcontractor engaged for this purpose, and the specified share or role assigned to each subcontractor as well as the scope thereof, and a written statement signed by the engaged subcontractor containing the agreement and commitment to fulfil its share of the Procurement Contract If the Applicant relies on the subcontractor s potential to fulfil the qualification requirements set out in Articles 5.2.8, and/or herein, such subcontractors shall be engaged by the Applicant for fulfilment of the respective part of the Procurement Contract in conformity with the distribution of Procurement Contract shares or roles and their scope indicated in the tender proposal. The Applicant may engage for fulfilment of the Procurement Contract those subcontractors on whom the Applicant has submitted the documents specified hereunder and whose qualifications correspond to the Terms of Reference according to the Procurement Contract shares, roles and scope assigned to the subcontractors. After signing of the Procurement Contract, the Applicant may change the subcontractors of whom the Applicant has informed the Client, on whose potential it has relied to certify that their qualifications comply with the Terms of Reference and/or whom it has planned to engage in fulfilment of the Procurement Contract, or to engage 8

9 other subcontractors only subject to the Client s written consent. The Client will give consent to change or involvement of the subcontractor only if the offered subcontractor complies with the requirements of Articles of the Terms of Reference Foreign Applicants may submit different documents from those specified in Articles 5.2.1, 5.2.2, and/or herein containing the information required thereunder, if such documents have been issued by the institutions, bodies or persons authorised to do so under the laws and regulations of the Applicant s country of registration, duly indicating the legal basis thereof in the specific country. If the laws and regulations of the Applicant s country of registration do not provide for the issuance of any of the documents specified in Articles 5.2.1, and/or of the Terms of Reference, the Applicant shall submit a statement or an explanation when submitting the information required in Articles 5.2.1, and/or herein The Applicant (a member of the association of suppliers, if the Applicant is an association of suppliers; a partnership or a member of partnership, if the Applicant if a partnership), shall specify in its proposal, if it complies with a case of exclusion referred to in Article 5.2.2, 5.2.5, or of the Terms of Reference. 6. INSTRUCTIONS REGARDING TECHNICAL PROPOSAL 6.1.The technical proposal shall be presented by the Applicant in accordance with the requirements set out in the Technical Specification (Annex No. 2), additionally specifying and submitting the following: The name of the manufacturer, the year of manufacture and model; Warranty terms of the Goods offered, including a list of equipment and mechanisms that are covered by the warranty. A statement of the warranty term of the Goods offered by the Applicant - the warranty period shall be no less than 36 (thirty six) months for the entire running gear, all the devices and equipment, counting from the date of mutual signing of the Delivery - Acceptance Certificate for the Goods; A statement that during the warranty period spare parts will be delivered no later than within 5 (five) working days from the date of sending the respective request; A list of spare parts, which are necessary for performing the scheduled maintenance of the Goods and a declaration that spare parts will be delivered within 5 (five) working days from the date of sending of a respective request; Confirmation from the maintenance service centre that the service centre during the warranty period will ensure arrival of a mobile workshop within 24 hours from making a request thereof and will perform guarantee service and repair; Service/maintenance and repair instructions in English or Latvian (in CD or other storage media). The Applicant shall submit a declaration that the Applicant will submit the manufacturer's technical documentation referred to in Article herein together with the delivery of the Goods; User's manual in Latvian or English, electrical and hydraulic diagrams, general technical drawings/photographs (in CD or other storage media). The Applicant shall submit a declaration that the Applicant will submit the manufacturer's technical documentation referred to in Article herein together with the delivery of the Goods; An illustrated catalogue of spare parts of the Goods offered (in CD or other storage media). The Applicant shall submit a declaration that the Applicant will submit the manufacturer's technical documentation referred to in Article herein together with the delivery of the Goods. In addition, the Applicant shall submit a 9

10 manufacturer's confirmation that spare parts for the Goods offered will be available to the Client during the equipment lifetime (10 years); Other information, which the Applicant considers necessary Upon completing the technical proposal, in the column "Proposal", the specific characteristic feature of the equipment offered shall be stated. Proposals, which will only state "complies/ does not comply" or similar will be considered as incomplete and therefore they may be rejected The tender proposal shall be signed by the Applicant s signatory or another duly authorised person. 7. INSTRUCTIONS REGARDING FINANCIAL PROPOSAL 7.1. The Applicant shall draw up the financial proposal according to the Financial Proposal Form (Annex No. 3) attached herein, by completing the form The Applicant shall indicate the proposed prices in EUR The Applicant shall include the following in the total quoted price: All taxes and duties and other charges binding on the Applicant; All the costs in accordance with the Terms of Reference and Technical Specification, as well as the cost of delivery of the Goods in accordance with the Incoterms 2010 DDP delivery terms to VAS "Starptautiskā lidosta "Rīga"" (SJSC Riga International Airport) 10/1, Mārupes novads, Latvia, LV-1053, employee training costs; Such other costs that are binding on the Applicant in the course of fulfilment of the Subject of Procurement The Applicant shall indicate the Value Added Tax (VAT) (if applicable) after the total value of the Subject of Procurement The prices quoted by the Applicant shall be fixed for the entire contract execution term and they may not be subject to any subsequent recalculations, except as provided for in the Contract The quoted prices shall be rounded to 2 (two) digits behind the decimal point The tender proposal shall be signed by the Applicant s signatory or another duly authorised person. 8. INSPECTION OF THE ARRANGEMENT AND VALIDITY TERM OF THE TENDER PROPOSALS 8.1. Prior to compliance assessment of the tender proposals, the Committee will inspect the arrangement of the tender proposals submitted by the Applicants and their validity term. In the event of drawbacks found in the arrangement of the tender proposal, the Committee will assess their materiality and decide on further consideration of the tender proposal. A tender proposal submitted by an Applicant will not be further considered, if the Committee finds the following: The tender proposal is not signed according to the Terms of Reference; The validity term of the tender proposal does not correspond to the one specified in Article 2.11 herein; The Applicant has submitted several versions of the tender proposal in breach of Article 2.5 herein. 10

11 The Applicant has failed to fully complete all sections of the financial proposal. 9. ASSESSEMENT OF THE APPLICIANTS` QUALIFICATIONS 9.1. The Committee will verify qualification of the Applicants The Applicant may be excluded from further participation in the Tender procedure and its tender proposal may not be further considered if the Committee finds the following: The Applicant fails to comply with any of the requirements of Article 5 of the Terms of Reference; The Applicant has submitted false information for assessment of its qualifications or has not submitted the requested information at all, including the specified information requested by the Committee in the time limit set by the Committee and/or the qualification documents have not been submitted in accordance with the requirements of the Terms of Reference and/or their content does not comply with the requirements of the Terms of Reference If the Applicant is a suppliers' association, the Applicant may be excluded from further participation in the Tender procedure if the Committee discovers that any of the exclusion conditions defined in Article 9.2 herein is true with regard to any of the persons belonging to the association If the Applicant engages subcontractors, the Applicant may be excluded from further participation in the Tender procedure if the Committee discovers that any of the exclusion conditions defined in Clause 9.2 herein is true about any of the subcontractors on whose potential the Applicant relies to confirm the compliance of its qualifications Should the Committee find that a person (subcontractor), on whose potential the Applicant relies to confirm the compliance of its qualifications with the requirements set out in the procurement procedure documents, complies with the exclusion conditions defined in Articles 5.2.2, 5.2.4, 5.2.5, 5.2.6, herein, it shall request that the Applicant replaces the respective person. If the Applicant fails to submit documents on a new subcontractor or person (complying with the requirements set out in the procurement procedure) on whose potential the Applicant relies to confirm the compliance of its qualifications with the requirements set out in the procurement procedure documents, the Committee will exclude the Applicant from further participation in the procurement procedure Prior to exclusion of the Applicant, the subcontractors engaged by it, or the participants of the suppliers association from further participation in the Tender procedure, the Committee will assess the materiality of the drawbacks in the submitted documentation and their impact on the possibility to assess the Applicant s compliance with the qualification requirements. 10. INSPECTION OF THE COMPLIANCE OF THE TECHNICAL PROPOSAL After inspection of the Applicant s qualifications, the Committee will proceed to examine the compliance of the technical proposals with the requirements of the Technical Specification and requirements of Article 6 herein of those Applicants who have passed the assessment of qualifications The Applicant s tender proposal may be excluded from further participation in the Tender procedure and may not be considered if the Committee discovers that the documents of the technical proposal have not been submitted or such documents or their content do not comply with the requirements of Article 6 herein and/or the Technical Specification If the technical proposal complies with the requirements of the Technical Specification, the Committee will proceed to examine the Applicant s financial proposal. 11. ASSESSMENT OF THE FINANCIAL PROPOSAL 11

12 11.1. The Committee will evaluate the submitted financial proposals, by comparing the total amount in EUR (excluding VAT) specified in the Applicants' financial proposals The Committee will check if the Applicant has not quoted an unreasonably low price. If it is established that the tender proposal is unreasonably cheap, it will be rejected. Prior to rejecting such a tender proposal, the Committee will request the Applicant in writing to explain in detail relevant conditions of implementation of the tender proposal If the Committee in assessing the Applicant's explanation establishes that the Applicant cannot demonstrate that it has significant delivery conditions, which allow for such a low price, or the Applicant fails to provide explanations within the deadline set by the Committee, the Committee will recognise the proposal to be unreasonably cheap and will not continue to consider it The Committee will check the arithmetical errors in the Applicants financial proposals. If any arithmetical errors are found in the financial proposal, the Committee will correct them. The Committee will inform all the Applicants jointly of its correction of errors by indicating the specific proposal, in which the corrections have been made In assessment of the financial proposal with arithmetical errors, the Committee will take into account the corrections. 12. SELECTION OF THE APPLICANT AND SIGNING OF THE PROCUREMENT CONTRACT The Committee will award the contract to the Applicant whose tender proposal complies with Articles 8-11 herein and whose quoted price is the lowest If an Applicant (a member of the association of suppliers, if the Applicant is an association of suppliers; a partnership or a member of partnership, if the Applicant if a partnership), who in accordance with the requirements set out in the procurement procedure documents and the selection criterion set out in Article 2.6 herein should be granted the contract, complies with a case of exclusion referred to in Articles 5.2.2, 5.2.5, or herein, the Committee will ask it to submit an explanation and evidence of compensation of the damage caused or an agreement concluded for the compensation of the damage caused, cooperation with the investigating authorities and technical, organisational or personnel management measures taken to prove its credibility and prevent the same or similar cases from occurring in the future If the Applicant fails to provide the explanation and evidence referred to in Article 12.2 herein, the Committee will exclude the respective Applicant from the participation in the procurement procedure as compliant with the case of exclusion referred to in Article 5.2.2, 5.2.5, or of the Terms of Reference The Committee will assess the measures taken by the Applicant (a member of an association of suppliers, if the Applicant is an association of suppliers; a partnership or a member of partnership, if the Applicant if a partnership) and evidence thereof, taking into account the gravity of the offence or breach and the particular circumstances. The Committee may request the competent authorities in the field of the respective offence or breach to provide their opinion on the sufficiency of the measures taken by the Applicant to restore its credibility and prevent the same or similar cases from occurring in the future If the Committee finds the measures taken by the Applicant to be sufficient to restore its credibility and prevent the same or similar cases from occurring in the future, it will decide not to exclude the Applicant from participation in the procurement procedure. If the measures taken are not sufficient, the Committee will decide to exclude the Applicant from further participation in the procurement procedure. 12

13 12.6. After assessment of the tender proposals, the Committee will adopt one of the following decisions: To award the contract to the Applicant whose tender proposal complies with the Terms of Reference and whose quoted price is the lowest; the Procurement Contract will be concluded in accordance with the draft Procurement Contract annexed to the Terms of Reference (Annex No. 6), which is an integral part of these Terms of Reference, and the tender proposal submitted by the Applicant; To close or suspend the Tender procedure without selecting any of the tender proposals, if such proposals have not been submitted or the submitted proposals do not comply with the requirements of the Terms of Reference, or for other valid reasons The Committee will submit its decision to the Client's Board for its endorsement The Committee will inform the Applicants of the results of the Tender procedure in writing within 5 (five) working days following the date when the Client's Supervisory Board has endorsed the conclusion of the Procurement Contract If the selected Applicant refuses to conclude the Procurement Contract, the Client has the right to select the next tender proposal with the lowest price or to decide on the termination of the procurement procedure The Applicant a suppliers association that has won the contract shall register a partnership with the Commercial Register of the Register of Enterprises of the Republic of Latvia or a similar register of a foreign state within 20 (twenty) working days following the date of the adoption of the decision on awarding of the Procurement Contract, pursuant to Article 2.15 herein and the scope and distribution of responsibility indicated in the tender proposal and specified in the agreement or contract signed by the participants. The Procurement Contract with the association of suppliers shall be signed subject to submission to the Client of a copy of the reference issued by the Commercial Register of the Register of Enterprises of the Republic of Latvia or the registry of a foreign state or of another document certifying the Applicant s capacity and capability, and a document certifying the VAT payer s status of the Applicant issued by the RL State Revenue Service (the Client will consult the website of the RL State Revenue Service: ) or a copy of a document issued by a relevant foreign authority certifying the VAT payer s status of the Applicant. If within 20 (twenty) working days following the date of adoption of the decision on awarding of the contract, the partnership is not registered, it will be considered that the Applicant (the association of suppliers) has refused to sign the Procurement Contract If the Applicant who has been awarded the Contract needs an advance payment for the Contract performance, the Applicant shall within 10 (ten) working days after the conclusion of the Contract submit an ex-promissory bank guarantee accepted by the Client for the entire amount of the advance payment (a sample of the advance guarantee is presented in Annex No. 7 to the Terms of Reference). 13. RIGHTS AND OBLIGATIONS OF THE PROCUREMENT COMMITTEE Rights of the Committee: To make a written request to the Applicant to specify the submitted information and to provide detailed explanations; To verify the truthfulness of all the data submitted by the Applicant; To invite experts to work in the Committee in advisory capacity; At the tender proposal opening meeting in the presence of the Applicants' representatives to sew together the package of the original copies of the documents of the proposals submitted by the Applicant, if it has been submitted 13

14 not sewn together. In such case the Committee will not be responsible for the documents contained in it; To request the Applicant to submit the information on the pricing mechanism of the offered delivery price (incl. items); To decline a tender proposal with an unreasonably low price quoted; To make a written request to the Applicants to extend the validity term of their tender proposals; To carry out other activities in accordance with the laws and regulations, and the Terms of Reference; To accept or decline any tender proposal, to discontinue the Tender procedure and to decline all the tender proposals at any time prior to awarding of the Procurement Contract if it has a valid reason for that and it does not contradict laws and regulations of the Republic of Latvia, without reimbursing any costs related to the participation in the Tender incurred by the Applicants Obligations of the Committee: To consider tender proposals submitted within the deadline for submission of tender proposals; To pass a decision on the Tender procedure or results. 14. RIGHTS AND OBLIGATIONS OF THE APPLICANT Rights of the Applicant: To make a timely written request to the Committee for additional information regarding the Terms of Reference; To extend the validity term of the tender proposal Obligations of the Applicant: Within the deadline indicated by the Committee to supply in writing answers and explanations regarding the tender proposal to the questions asked by the Committee; Each Applicant by submitting its tender proposal undertakes to observe all the provisions of the Terms of Reference as the basis for fulfilment of the procurement; The Applicant shall individually assume the risk for preparation of its tender proposal in conformity with the Terms of Reference and additional information as may be published on the Client s website. 15. CONFIDENTIALITY OF THE INFORMATION No communication between the Applicants on the one hand and the Client or the Committee on the other hand shall be carried out during the tender proposal assessment period, except in cases provided for in the Terms of Reference During the time period from submission of the tender proposals until the moment of opening thereof the Client shall not provide information on the existence of other tender proposals. During the period of assessment of the tender proposals until the announcement of the results, the Client shall not provide information about the assessment procedure. 16. OTHER PROVISIONS 14

15 16.1. The Committee and the Applicant shall exchange information in writing. The information presented orally is not binding for the purposes of the procurement procedure All costs of compilation and submission of the tender proposal shall be covered by the Applicant The Terms of Reference are drawn up and approved in the Latvian language. The Terms of Reference are translated into English. In the event of contradictions between the Latvian and English text, the Latvian text shall prevail. 17. ANNEXES ATTACHED TO THE TERMS OF REFERENCE The following annexes are attached to the Terms of Reference forming integral parts thereof: 1. Annex No. 1 Letter of Application Form; 2. Annex No. 2 Technical Specification; 3. Annex No. 3 Financial Proposal Form; 4. Annex No. 4 Statement on Compliance Form; 5. Annex No. 5 - Statement of Experience Form; 6. Annex No. 6 Draft Contract; 7. Annex No. 7 Advance Payment Guarantee Form. Chairman of the Procurement Committee Head of the Procurement Unit, Legal Departament. /personal signature/ D.Pommere-Bērziņa 15

16 Annex No. 1 SJSC Riga International Airport Terms of Reference (Identification No. AK-16/466) LETTER OF APPLICATION (FORM) for participation in the Open Tender procedure "Purchase of an Aircraft Towing Tractor" Note: The Applicant shall fill in the blanks in this form. Procurement: "Purchase of an Aircraft Towing Tractor" (Identification No.AK-16/466) To: SJSC Riga International Airport In accordance with the Terms of Reference, we, the undersigned, hereby confirm our agreement to the provisions of the Terms of Reference of the Tender procedure. We hereby offer to ensure delivery of an aircraft towing tractor to SJSC Riga International Airport in accordance with the requirements of the Technical Specification and Terms of Reference of the Open Tender procedure for the following contract price EUR (excluding VAT): The total contract price proposed by the Applicant (excluding VAT) in words EUR (excluding VAT). 1. Information on the Applicant: 1.1. Applicant s name: 1.2. Registered with No Tax payer s registration No.: 1.4. Registered address: 1.5. Office address: 1.6. Contact person: (given name, surname, position) 1.7. Telephone No.: 1.8. Fax: address: Bank: Code: Account: 2. If the Applicant is an association of suppliers or partnership of suppliers: 2.1. The person representing the association of suppliers or partnership of suppliers in the Open Tender procedure: The scope of each member of the association of suppliers or partnership of suppliers:. 3. We hereby certify that the documents attached hereto represent this proposal. 4. We hereby confirm that our tender proposal is valid for 120 (one hundred and twenty) calendar days following the opening date of the tender proposals. 5. We understand and agree to the Terms of Reference of the Open Tender procedure and the terms of the draft Contract attached hereto. 6. We hereby certify that we are not interested in any other proposal submitted under this procurement procedure. 16

17 7. We confirm that this tender proposal was drawn up and submitted independently of competitors* and without any consultations, contracts or agreements or any other communication with competitors*. 8. We confirm that <Applicant s name> had no communication with competitors* as to the prices, price calculation methods, factors (circumstances) or formulas as well as competitors* intention or decision to participate or not to participate in the procurement or submission of tender proposals, which do not meet the requirements of the procurement or as to the quality, volume, specification, performance, delivery and other terms to be handled independently of competitors*, the products or services relating to this procurement. 9. We confirm that <Applicant's name> has not disclosed or will not disclose intentionally, directly or indirectly conditions of the tender proposal to any competitor* before the official tender proposal opening date and time, or before awarding the right to enter into the contract. I hereby assume full liability for the content of the documentation submitted for the Open Tender procedure, information contained herein, arrangement of documents and compliance with the Terms of Reference and Technical Specification of the Open Tender procedure. The data and information submitted are true and fair. The proposal document package consists of ( ) pages. Signature: Given name, surname: Position: The tender proposal has been drawn up and signed on stamp * Competitor - any natural or legal person who is not the Applicant, and who submits a tender proposal for this procurement or who, taking into account his or her qualifications, abilities or experience, as well as goods or services offered, may submit a tender proposal. 17

18 TERMS OF REFERENCE OF OPEN TENDER PROCEDURE "Purchase of an Aircraft Towing Tractor" TECHNICAL SPECIFICATION Annex No. 2 SJSC Riga International Airport Terms of Reference (Identification No. AK-16/466) Required technical parameters Vehicle make, model General requirements: Tenderer's offer - indicate specific technical data 1. The present specification defines the operational features required for the towing tractor The towing tractor must be created for fast, safe, flexible and economical handling of civil and military aircraft The towing tractor must be designed in accordance with the followings IATA standards, specified in the Airport Handling Manual (AHM): -AHM 955 Summary of Aircraft Towbar Tractor Capacity and Dimensions -AHM 910 Basic Requirements for Aircraft Ground Support Equipment -AHM 913 Basic Safety Requirements - AHM 914 Compatibility of Ground Support Equipment with Aircraft Types -AHM 915 Standard Controls - AHM 916 Basic Requirements for Ramp Handling Equipment Towing Interface - AHM Reference material for Civil Aircraft Ground Support Equipment - Other relevant technical safety requirements 2. The towing tractor must be designed in compliance with the following requirements. 2.1.Absolute safety when being operated at aircraft side or moved on the apron; 2.2.The towing tractor must be made of a material and components with appropriate quality and having the highest level of durability; 2.3.The complete unit and its components must be brand new; manufacturer has to be able to supply its spare parts within 5 (five) working days during the warranty period; 2.4.Spare part availability has to be guaranteed for a minimum period of 10 years. 18