NOTICE OF ADDITIONAL INFORMATION, INFORMATION ON INCOMPLETE PROCEDURE OR CORRIGENDUM Form: Annex nr 14 According to Commission Implementing Regulation (EU) No. 842/2011 SECTION I: CONTRACTING ENTITY I.1) NAME, ADDRESSES AND CONTACT POINT(S) eustream, a.s. 35910712 Votrubova 11/A, 821 09 Bratislava Slovak Republic Contact point(s): eustream, a.s., Votrubova 11/A, 821 09 Bratislava, Slovak Republic Contact person: Ján Horváth Phone: +421 262507179 E-mail: jan.horvath@eustream.sk Internet address(es): http://www.eustream.sk I.2) TYPE OF CONTRACTING ENTITY Type of contracting entity: Contracting entity (in the case of contracts covered by Directive 2004/17 / EC utilities) SECTION II: OBJECT OF THE CONTRACT II.1) DESCRIPTION II.1.1) Title attributed to the contract by the Contracting Entity Compressor units with electric drive for the project High-Pressure Interconnector Poland Slovakia. II.1.2) Short description of the contract or purchase(s): Delivery, installation and commissioning of 2 pieces of new, identical compressor units with the nominal unit output of 6 8 MW, powered by electric motors with accessories, which will be controlled by frequency converters (hereinafter the ES ). The detailed specification will be provided in the tender specifications. II.1.3) Common procurement vocabulary (CPV) Main subject Main vocabulary: 42111000-0 Supplementary vocabulary: CB10-1, KA06-7 Additional subjects Main vocabulary: 42123100-8, 51100000-3 Supplementary vocabulary: ME02-1, KA06-7, CB03-0, CB04-3, CB10-1, CB16-9, KA06-7 SECTION IV: PROCEDURE IV.1) TYPE OF PROCEDURE IV.1.1) Type of procedure Type of procedure: Negotiated procedure IV.2) ADMINISTRATIVE INFORMATION IV.2.1) File reference number assigned by the Contracting Entity: 15-0058-RKSZ IV.2.2) Reference number of notifications submitted in electronic form The original notification submitted via: SIMAP Username: jan.horvath@eustream.sk Notification reference number: Year: 2015 Document Number: 12073 2015-12073 1/2
IV.2.3) This publication refers to the following notice Number in TED: 2015 / S 099-181008 from: 23/05/2015 IV.2.4) Date of submission of the original notice 20.05.2015 SECTION VI: ADDITIONAL INFORMATION VI.1) THE NOTICE INVOLVES Amendment VI.2) INFORMATION ON INCOMPLETE PROCEDURE FOR CONTRACT AWARD VI.3) INFORMATION REQUIRED TO BE AMENDED OR SUPPLEMENTED VI.3.1) Changes to the original information submitted by the contracting entity VI.3.2) In the original notice VI.3.3) Text that requires modification in the original notice Instead: Each candidate must meet the participation conditions under 26, section 1 of Act no. 25/2006 Coll., as amended (hereinafter the Public Procurement Act ). Therefore, it is required to submit the following documents: statutory body, nor a member of the statutory body has been lawfully convicted for the offence involving corruption, offence involving damaging the financial interests of the European Union, offence involving the legalisation of proceeds of crime, offence involving the establishing, plotting, or supporting a criminal group, or the offence involving the establishing, plotting or supporting a terrorist group or the offence involving terrorism or some forms of involvement in the terrorism, statutory body, nor a member of the statutory body has been lawfully convicted for the offence, merits of which relates to doing business, - confirmation by the court of jurisdiction, not older than 3 months, that no bankruptcy proceedings were declared on the candidate, that the candidate is not in liquidation and neither there has been any bankruptcy proceedings stopped against the candidate on the grounds of lack of assets, or any bankruptcy cancelled for the lack of assets, - confirmation by the Social Insurance Agency and health insurance company, not older than 3 months, that the candidate has no arrears in the payment of health insurance, social insurance or contributions to retirement savings, which would be enforced by the execution of a decision, - confirmation by the local tax authority, not older than 3 months, that the candidate has no arrears in the payment of taxes, which would be enforced by the execution of a decision, - proof that the candidate is authorised to supply the goods, perform the construction work or provide the service in relation to the subject of the contract, for which the candidate submits the request to participate, - in the previous three years no serious violation of professional obligations was proven to the candidate, which the Contracting Entity is able to demonstrate, - statutory declaration that no lawful ban on participating in the public procurement has been issued against the candidate or that the candidate is not an entity, (1.) whose partner, known shareholder owning at least 34% of the shares of this company, or a (2.) whose partner, known shareholder owning at least 34% of the shares of this company, or a an entity that is or, at the time when the public procurement has been taking place in relation to which there has been a lawfully issued a ban on participating in public procurement, was (2a.) a partner, known shareholder owning at least 34% of the shares of this company, or a 2/2
member, or whose statutory body, member of the statutory body, chief clerk or controlling entity of (2b.) a legal successor to the entity that, at the time when the succession occurred, has been lawfully issued a ban on participating in public procurement; (3.) that became a legal successor to an entity that, at the time when the succession occurred, has been lawfully issued a ban on participating in public procurement, - statutory declaration that the candidate has no unsatisfied obligation of payment of any compensation or remuneration from a contract with an entity that is or was a subcontractor in relation to the contract awarded under the Public Procurement Act, which is being enforced by the execution of a decision, - statutory declaration that the candidate has no unsatisfied obligation of payment of a wage, salary or other remuneration for work, salary compensation or severance pay, to which an employee is entitled, which are being recovered by the execution of a decision. The registration of the candidate in the list of entrepreneurs according to Article 128 of the Public Procurement Act entitles the tenderer to demonstrate the meeting of participation conditions relating to the personal standing under above points by the confirmation of the Public Procurement Office. If the candidate does not have a seat in the Slovak republic and the country of the candidate s seat does not issue any of the documents specified in this point of the competition conditions or does not even issue any equivalent documents, they may be replaced by a statutory declaration made under the regulations in force in the country of the candidate s seat. If the candidate has a seat in a member state other than the Slovak Republic and the laws of such member state do not define a statutory declaration instrument, it may be replaced by a declaration made before a court, administrative authority, notary, other professional institution or commercial institution in accordance with the regulations in force in the country of origin or in the country of the candidate s seat. For the purposes of the Public Procurement Act, a serious violation of professional obligations means, in particular, any participation in an agreement restricting competition in the public procurement, violation of the prohibition of illegal employment, for which a fine was lawfully imposed, and other gross violation of the law or gross breach of contractual obligations that can be demonstrated by a final decision of the competent public authority. The period under section 1, point g) of the Public Procurement Act shall run from the date, on which the decision becomes final. (II.) Each candidate must also meet the participation conditions under 26a, section 1 and section 2 of the Public Procurement Act. Therefore, it is required to submit the following documents: - it is required that the candidate demonstrates by the documents pursuant to 26a, section 3 of the Act that the candidate is not an entity under 26a, section 1 and 2 of the Act. The documents pursuant to 26a, section 3 of the Act for demonstrating ownership interest are the Certificate of Incorporation issued by the Commercial Register or the certificate issued by some other, legally established, record keeper, the list of shareholders maintained by a joint stock company, a document issued by the central securities depository or similar documents issued by other bodies or authorities of other states, not older than three months. It is required to submit the originals or legally certified copies of these documents/papers. In case of a candidate consisting of a group of economic operators participating in public procurement, it is required to demonstrate the meeting of participation conditions relating to the personal standing and demonstration of ownership interest separately for each member of the group. See: Each candidate must meet the participation conditions under 26, section 1 of Act no. 25/2006 Coll., as amended (hereinafter the Public Procurement Act ). Therefore, it is required to submit the following documents: statutory body, nor a member of the statutory body has been lawfully convicted for the offence involving corruption, offence involving damaging the financial interests of the European Union, offence involving the legalisation of proceeds of crime, offence involving the establishing, plotting, 3/2
or supporting a criminal group, or the offence involving the establishing, plotting or supporting a terrorist group or the offence involving terrorism or some forms of involvement in the terrorism, statutory body, nor a member of the statutory body has been lawfully convicted for the offence, merits of which relates to doing business, - confirmation by the court of jurisdiction, not older than 3 months, that no bankruptcy proceedings were declared on the candidate, that the candidate is not under restructuring procedure, that the candidate is not in liquidation and neither there has been any bankruptcy proceedings stopped against the candidate on the grounds of lack of assets, or any bankruptcy cancelled for the lack of assets, - confirmation by the Social Insurance Agency and health insurance company, not older than 3 months, that the candidate has no arrears in the payment of health insurance, social insurance or contributions to retirement savings, which would be enforced by the execution of a decision, - confirmation by the local tax authority, not older than 3 months, that the candidate has no arrears in the payment of taxes, which would be enforced by the execution of a decision, - proof that the candidate is authorised to supply the goods, perform the construction work or provide the service in relation to the subject of the contract, for which the candidate submits the request to participate, - in the previous three years no serious violation of professional obligations was proven to the candidate, which the Contracting Entity is able to demonstrate, - statutory declaration that no lawful ban on participating in the public procurement has been issued against the candidate or that the candidate is not an entity, (1.) whose partner, known shareholder owning at least 34% of the shares of this company, or a (2.) whose partner, known shareholder owning at least 34% of the shares of this company, or a an entity that is or, at the time when the public procurement has been taking place in relation to which there has been a lawfully issued a ban on participating in public procurement, was (2a.) a partner, known shareholder owning at least 34% of the shares of this company, or a member, or whose statutory body, member of the statutory body, chief clerk or controlling entity of (2b.) a legal successor to the entity that, at the time when the succession occurred, has been lawfully issued a ban on participating in public procurement; (3.) that became a legal successor to an entity that, at the time when the succession occurred, has been lawfully issued a ban on participating in public procurement, - statutory declaration that the candidate has no unsatisfied obligation of payment of any compensation or remuneration from a contract with an entity that is or was a subcontractor in relation to the contract awarded under the Public Procurement Act, which is being enforced by the execution of a decision, - statutory declaration that the candidate has no unsatisfied obligation of payment of a wage, salary or other remuneration for work, salary compensation or severance pay, to which an employee is entitled, which are being recovered by the execution of a decision. The registration of the candidate in the list of entrepreneurs according to Article 128 of the Public Procurement Act entitles the tenderer to demonstrate the meeting of participation conditions relating to the personal standing under above points by the confirmation of the Public Procurement Office. If the candidate does not have a seat in the Slovak republic and the country of the candidate s seat does not issue any of the documents specified in this point of the competition conditions or does not even issue any equivalent documents, they may be replaced by a statutory declaration made under the regulations in force in the country of the candidate s seat. If the candidate has a seat in a member state other than the Slovak Republic and the laws of such member state do not define a statutory declaration instrument, it may be replaced by a declaration made before a court, administrative authority, notary, other professional institution or commercial institution in accordance with the regulations in force in the country of origin or in the country of the candidate s seat. 4/2
For the purposes of the Public Procurement Act, a serious violation of professional obligations means, in particular, any participation in an agreement restricting competition in the public procurement, violation of the prohibition of illegal employment, for which a fine was lawfully imposed, and other gross violation of the law or gross breach of contractual obligations that can be demonstrated by a final decision of the competent public authority. The period under section 1, point g) of the Public Procurement Act shall run from the date, on which the decision becomes final. (II.) Each candidate must also meet the participation conditions under 26a, section 1 and section 2 of the Public Procurement Act. Therefore, it is required to submit the following documents: - it is required that the candidate demonstrates by the documents pursuant to 26a, section 3 of the Act that the candidate is not an entity under 26a, section 1 and 2 of the Act. The documents pursuant to 26a, section 3 of the Act for demonstrating ownership interest are the Certificate of Incorporation issued by the Commercial Register or the certificate issued by some other, legally established, record keeper, the list of shareholders maintained by a joint stock company, a document issued by the central securities depository or similar documents issued by other bodies or authorities of other states, not older than three months. It is required to submit the originals or legally certified copies of these documents/papers. In case of a candidate consisting of a group of economic operators participating in public procurement, it is required to demonstrate the meeting of participation conditions relating to the personal standing and demonstration of ownership interest separately for each member of the group. VI.3.4) Dates that require modification in the original notice VI.3.5) Addresses and contact points that require modification VI.3.6) Text that is needed to be supplemented to the original notification VI.4) ADDITIONAL INFORMATION VI.5) DATE OF DISPATCH OF THIS NOTICE from: 09/06/2015 5/2