TRAINING OF AIR TRAFFIC CONTROLLERS. Rating Training ADV/ADI (TWR/RAD/AIR/GMC/GMS)

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1 CROATIA CONTROL LTD. REQUEST FOR TENDERS IN THE PROCEDURE FOR AWARDING PUBLIC SERVICES CONTRACTS AS SET OUT IN ANNEX II. B OF THE PUBLIC PROCUREMENT ACT TRAINING OF AIR TRAFFIC CONTROLLERS Rating Training ADV/ADI (TWR/RAD/AIR/GMC/GMS) Procurement Ref. No.: E - VV 13/16 July 2016 Page 1 of 19

2 1. CONTRACTING AUTHORITY INFORMATION 1.1. General Contracting Authority Information a) Name: Croatia Control Ltd. b) Registered office: Velika Gorica, Rudolfa Fizira 2 c) Postal address: Zagreb-Airport, POB 45 d) VAT No e) Tel.: ; Fax: f) Web: g) Procurement ref. No.: E-VV 13/ List of economic operators with whom the Contracting Authority is in the conflict of interests Pursuant to Article 13 of the Public Procurement Act (Official Gazette, No 90/2011, 83/2013, 143/2013 and 13/14 - Decision of the Constitutional Court of the Republic of Croatia), Croatia Control as a public contractor announces that it may not sign public procurement contracts with the following economic operators (as tenderers, members of a group of tenderers or subcontractors of the selected contractor): Anova istraživanja d.o.o., Rokov perivoj 1, Zagreb, VAT No SUBJECT MATTER OF THE PROCUREMENT AND TECHNICAL SPECIFICATIONS CPV : Specialist training services Description of the training course for Rating Training ADV/ADI Air traffic controllers training for Aerodrome Control Visual, ADV and Aerodrome Control Instrument, ADI rating and Tower Control, Aerodrome Radar Control, Air Control, Ground Movement Control and Ground Movement Surveillance (TWR/RAD/AIR/GMC/GMS) rating endorsement, i.e. Rating Training ADV/ADI shall be performed for 6 (six) candidates, and its duration shall be no shorter than 60 and no longer than 70 working days, with the mandatory commencement of the training not later than October 3, Place of performance of Rating Training ADV/ADI shall be on Tenderer s site The Tenderer shall fill in the Tender Form the information on the duration of the course as well as on the commencement date (October 3, 2016) and ending date of the course. Two (2) OJT instructors of the Contracting Authority shall participate in each phase of practical part of Rating Training ADV/ADI. The training shall be performed in accordance with approved Training Plan and Program in accordance with the Compliance Matrix - Appendix 3. All necessary course and exam materials shall be in English. Tenders not meeting all requirements specified in the Compliance Matrix - Appendix 3 shall be rejected by the Contracting Authority. 3. ESTIMATED PROCUREMENT VALUE: The total estimated procurement value for this year is HRK ,00. For this procurement (ref. no. E-VV 13/16), the estimated procurement value is HRK ,00. Page 2 of 19

3 4. CONTRACT AWARD CRITERIA The lowest Tender and mandatory compliance with all requirements specified in the Compliance Matrix - Appendix REQUIREMENTS TO BE MET BY THE TENDERERS Any documents required by the Contracting Authority in this Section may be submitted by the Tenderers in uncertified copies. Uncertified printout of a document in electronic format shall also be considered as uncertified copy. In case of doubt in the accuracy of information mentioned in documents submitted by the Tenderers pursuant to Articles 67 to 74 of the Public Procurement Act, the Contracting Authority may for the purpose of checking the authenticity of information: - request from the Tenderer to send the originals or certified copies thereof within the adequate period of time; and /or - contact the issuer of documents and /or competent authorities. Before making any decision on the selection, the Contracting Authority may request from the best Tenderer with whom it intends to conclude the public procurement contract the delivery of originals of certified copies of one or more documents requested pursuant to Articles 67 to 74 of the Public Procurement Act. If the economic operator has already delivered in the offer certain originals or certified copies, he is not obliged to send them again. The Tenderers shall submit the following: 5.1. Evidence of legal and business capacity - Certificate of inscription in a court, trade, professional or another appropriate register of the country in which the economic operator is established. If in the country in which the economic operator is established such certificate of inscription in register is not being issued, then the economic operator shall submit the signed statement certified by a competent body. The aforementioned proof (certificate or statement) shall not be older than three months of the date of commencement of the public procurement procedure. In case of a Group of Tenderers, each member of the Group shall individually prove its capacity as per the first paragraph above. - Air traffic controller training organization s certificate issued by the competent authority of the EU Member State of domicile pursuant to the Commission Regulation (EU) 2015/340 or (EU) 805/ Training Plan and Program as set out in the Compliance Matrix - Appendix The Training Plan and Program approval. Tenderers may submit their Training Plan and Program approval either as separate documents (in the form of approval, authorization, etc.) or as a component part of the Certificate of the training organization (in which case such Certificate shall include a specification of approved courses) Evidence of Technical and Professional Capacity The Tenderer shall present the evidence of having at its disposal the persons possessing the expert knowledge and experience necessary for the performance of the aforementioned services. It is mandatory to deliver the statement of the Tenderer that it has at its disposal the experts who shall participate in the performance of the contract, and who possess the expert knowledge and experience necessary for the performance of the aforementioned services, as well as the evidence required for each particular expert, and the minimum is as follows: Page 3 of 19

4 OJT instructors of the Tenderer (at least 1) carrying out the Rating Training ADV/ADI must have at least 3 (three) years of experience in carrying out the OJT training. The Tenderer must attach the copies of licenses with OJT instructor endorsement entered on license for all instructors who will participate in training The Course Manager of Rating Training ADV/ADI must have at least 5 (five) years of experience as Course Manager. The certificate of the service provider in which the instructor gained the required experience shall be attached. Pursuant to Article 72, para. 6 of the Public Procurement Act, for the purpose of submission of evidence of technical and professional ability, an economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links among them. In this case the economic operator must prove to the contracting authority that it will have at its disposal the resources necessary for the execution of the contract, for example, by producing an undertaking by those entities to place the necessary resources at the disposal of the economic operator. Under the same conditions, a group of tenderers may use the capacities of members of the group of tenderers or other subjects 6. TENDER DATA 6.1 Tender contents The Tender shall include: - Completed Tender Form (Appendix 1) - Evidence of qualification/eligibility - Completed Schedule of Prices (Appendix 2) - Completed Compliance Matrix Form and evidence of compliance with the requirements from the Appendix 3 - Fixed Price Statement (Appendix 4) - Statement of Submission of Performance Security (Appendix 5) - Statement of Acceptance of All Terms and Conditions Set Forth in the Request for Tenders (Appendix 6) - Training organization s certificate, issued by the competent authority of the EU Member State of domicile - Training Plan and Program - Training Plan and Program approval - Statement of Integrity (Appendix 7) - Statement for having at disposal the experts who shall participate in the performance of the Contract (Appendix 8) 6.2 Tender drawing-up method: The Tender shall be bound together to make a single whole and to prevent any subsequent sheet extraction or insertion (secured with a thread and with the Tenderer's official seal affixed on the back of the last sheet). The Training Plan and Program shall be identified by its title, included in the Tender contents as its integral part and submitted with the Tender. Tender pages shall be numbered to show page number and the total number of pages. The Tender shall be submitted in one original and one copy, with all evidence of compliance with the requirements from the Request for Tenders. The Tender shall be written in indelible ink. Page 4 of 19

5 Any corrections in the Tender shall be made in a visible and traceable manner. Corrections shall be dated and authenticated by the signature of the Tenderer. The Tenderer shall complete, sign and stamp the Tender Form (Appendix 1), Schedule of Prices (Appendix 2), Compliance Matrix Form (Appendix 3), Fixed Price Statement (Appendix 4), Statement of the Submission of Performance Security (Appendix 5), Statement of Acceptance of All Terms and Conditions Set Forth in the Request for Tenders (Appendix 6), Statement of Integrity (Appendix 7), Statement for having at disposal the experts who shall participate in the performance of the Contract (Appendix 8). 6.3 Tender Price and Currency The Tender Price shall be expressed in figures. The Tenderer shall specify in its Tender the Tender Price exclusive of VAT, VAT amount* and the Tender Price inclusive of VAT. The price of Tender without VAT shall include all costs of transport relating to the delivery of equipment (simulator) to the address of the Contracting Authority for the purpose of training, as well as of the return of the equipment to the Tenderer. The Tenderer shall insert unit price and total amount of each item of the Schedule of Prices. Items included in the Schedule of Prices are described in detail and any addition or deletion shall not be permitted. The Schedule of Prices shall bear the Tenderer's seal and the signature of the Tenderer s authorized representative. The offered unit prices for each item of the Schedule of prices are firm and fixed. The Tender Price shall be denominated in Euros. The Tenderer shall convert the amounts in EUR into HRK counter-value. The conversion shall be done on the basis of the middle current rate for the conversion of Croatian kuna into Euro in force on the day of sending the Request for Tenders for publication (July ). *If the Tenderer is not subject to the Value Added Tax System in the Republic of Croatia or if the subject matter of the procurement is exempt from the Value Added Tax, in the line Tender Price with VAT of the Tender Form, the same amount as specified in the line Tender Price without VAT shall be inserted while the line VAT Amount shall be left blank. 6.4 Terms and conditions of payment The services shall be paid upon completion of the training Rating Training ADV/ADI within 30 (thirty) days from the receipt of the relevant invoice. The certificates or verifications on completed training shall be attached to the invoice. 6.5 Language and script of the Tender: The Tender and the pertaining documents shall be drawn up in English in Latin script. If any of the required evidence/documents is written in a language other than English, the Tenderer shall enclose its English version, translated and certified by a registered court interpreter. 6.6 Tender validity term Tender validity term shall be 90 (ninety) days from the Tender opening date. 7. DEADLINE FOR TENDER SUBMISSION AND TENDER OPENING DATE Tenders shall be received by the Contracting Authority by July 20, 2016 at 12:00h local time. Page 5 of 19

6 Tender opening shall take place on July 20, 2016 at 12:00h local time at the Contracting Authority's registered office: Croatia Control Ltd., Rudolfa Fizira 2, Velika Gorica. There shall be no public opening of Tenders. 8. TENDER SUBMISSION ADDRESS AND METHOD The Tender shall be submitted either by registered mail to the Contracting Authority's address: Croatia Control Ltd., Zagreb-Airport, POB 45 or by hand to the Contracting Authority's Registry Office at Rudolfa Fizira 2, Velika Gorica, Room 112/1st Floor with identification: Tender for Training of ATC_E-VV 13/16. The Tender shall be submitted in writing, in a sealed envelope bearing the Contracting Authority s name and address, Tenderer's name and address, description of the relevant subject matter of procurement, procurement reference number and the warning DO NOT OPEN. Within the Tender submission period, the Tenderer may, by a duly signed statement, make subsequent amendments to its Tender or withdraw its Tender. Any amendment and or written Tender withdrawal notice shall be submitted in the same way as the original Tender and shall be clearly identified as Tender amendment or Tender withdrawal notice. 9. WEBSITE The Request for Tenders has been published on the Contracting Authority's website: DATE OF PUBLICATION OF THE REQUEST FOR TENDERS ON THE CONTRACTING AUTHORITY WEBSITE July 04, CONTRACTING AUTHORITY'S CONTACT PERSONS Teo Bratinčević, Financial Advisor Phone: teo.bratincevic@crocontrol.hr 12. SECURITIES Tender Security is required by the Contracting Authority and the Tenderer shall submit a an irrevocable and unconditional bank guarantee, payable on first demand and without recourse, to the amount of HRK ,00 i.e. EUR 7.800,00 with validity period matching the Tender validity period. The original of the Tender Security shall be delivered. Tender Security makes an integral part of the Tender and shall be inserted in a clear PVC folder (closed with a label bearing the Tenderer s seal) and bound into a single whole with the rest of the documentation. The respective page number(s) shall not be written on the Tender Security itself but on the PVC folder Performance Security is required by the Contracting Authority and the Tenderer shall submit a statement confirming that it will submit such Performance Security in the form of an irrevocable, unconditional Bank Guarantee, payable on first demand and without recourse, for 10% (ten per cent) of the Contract Price, valid until January 20, 2017 (sign and stamp the Form in Appendix 5 of the Tender Documents). 13. ESSENTIAL TERMS AND CONDITIONS OF CONTRACT The essential terms and conditions of Contract are as follows: Page 6 of 19

7 - Payment terms and conditions as set out in Section 6.4 of the present Request; - Place of performance as set out in Section 2. of the present Request; - Starting/completion dates as set out in Section 2. of the present Request; - The Contracting Party shall carry out the quality control of the services provided by the services provider; - Issuing of the Progress Report on the candidates after each phase of training and testing; - To issue adequate evidence (diploma, certificate, verification etc.) on accomplished training, on the basis of which the license shall be issued in the Republic of Croatia; - Settlement of disputes: The Parties shall endeavor to settle amicably any disputes. Should such amicable settlement proves impossible, the Parties shall refer the dispute to arbitration in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce, by three arbitrators appointed in accordance with the said Rules. The arbitration procedure shall take place in Zagreb, Croatia. During the arbitration procedure, the official language shall be English. 14. TIME LIMIT FOR THE ADOPTION OF A DECISION ON THE CONTRACT AWARD OR ANNULMENT OF THE PUBLIC PROCUREMENT PROCEDURE The Decision on the contract award or on the annulment of the public procurement procedure shall be made by the Contracting Authority within 30 (thirty) days from the deadline for Tender submission. The Decision on the contract award or on the annulment of the public procurement procedure with a copy of Minutes on review and assessment of Tenders will be delivered to each Tenderer in a verifiable manner (delivery receipt, return receipt, report on successful delivery via telefax, electronic document, publication in Electronic Public Procurement Classifieds, where the delivery is considered to be carried out by the expiry of the date of publication). 15. CLARIFICATION OF TENDER DOCUMENTS During the period for Tender delivery, economic operators may send their requests for additional information and explanations related to the Tender documents on the address: teo.bratincevic@crocontrol.hr to the attention: Authorized representatives for the implementation of public tender for Training of ATC_E-VV 13/16. During the period for Tender delivery, economic operators may request explanations and changes related to tender documentation, and the Contracting Authority shall publish the reply on the same web pages on which the basic documentation is available, without explicitly mentioning the information on the entity filing the request ( If the request was delivered timely, the Contracting Authority shall publish the response not later than during the fourth day before the day which is the deadline for Tender delivery. The request is timely if delivered to the Contracting Authority not later than during the sixth day before the day which is the deadline for Tender delivery. 16. LEGAL RECOURSE Appeals, if any, shall be lodged in writing with the State Commission. Simultaneously with the submission of the appeal to the State Commission, the Appellant shall submit, by traceable means, a copy of the appeal to the Contracting Authority. The appeal shall be lodged: - within 10 (ten) days from the date of the contract notice, in respect of the content of the Request for Renders and supplementary documentation, if any, Tender review, Tender evaluation and contract award procedures; or Page 7 of 19

8 if no previous notice on the intention to sign the Contract has been published by the Contracting Authority: - within 10 (ten) days from the date of receipt of the contract award decision or cancellation decision, in respect of the content of the Request for Tenders and supplementary documentation if any, Tender review, Tender evaluation and Contract Award procedure or the reasons for cancellation. 17. GOVERNING LAW To any matter not specifically mentioned herein, the provisions of the Public Procurement Act (Official Gazette No. 90/11, 83/13, 143/13 and 13/14) and of the Regulation on the Methodology for Drawing up and Handling Tender Documents and Tenders (Official Gazette 10/12), as modified and amended by the date of the publication of this Invitation for Tenders, shall apply. Page 8 of 19

9 Appendix 1 TENDER FORM 1. Name and registered office of the Contracting Authority Croatia Control Ltd. Velika Gorica, Rudolfa Fizira 2 2. Name and registered office of the Tenderer Address: VAT No.: Account No.: Tenderer subject to VAT system (YES/NO): Postal address: Tenderer's authorized representative: Tenderer's contact person: Telephone: Fax: Page 9 of 19

10 TENDER For Subject matter of the procurement Air Traffic Controllers Rating Training ADV/ADI (TWR/RAD/AIR/GMC/GMS) E-VV 13/16 In the amount of Tender Price without VAT in EUR (Insert amounts in figures) VAT* amount in EUR Tender Price with VAT in EUR Rating Training ADV/ADVI 6 (six) candidates Total duration of the course: longer than 70 days) working days (not shorter than 60 and not Dates of the beginning and end of course: October 3, 2016 / (to fill in the date of the end of the course) Tender validity: We agree to abide by this Tender for a period of 90 (ninety) days from the Tender opening date. In Date Signature and seal: Name: Title: Duly authorized to sign on behalf of (Name of the Tenderer) *If the Tenderer is not subject to the Value Added Tax System in the Republic of Croatia or if the subject matter of the procurement is exempt from the Value Added Tax, in the line Tender Price with VAT the same amount as specified in the line Tender Price without VAT shall be inserted while the line VAT Amount shall be left blank. Page 10 of 19

11 Schedule of Prices Appendix 2 Item No. Service description Quantity (number of candidates) Unit price (in EUR) Amount (in EUR) 1 Tuition fee* for Rating Training ADV/ADI Reduction for the participation OJT instructors of the Contracting Authority Accommodation costs for candidates in single rooms during the Rating Training ADV/ADI on the basis of bed and breakfast (minimum two star facility - standard: hostel type Remark: The unit price is a price of total number of overnights per candidate Public transport costs for candidates from the accommodation facility to the Service Provider's site (local transfer) during the course (if necessary) Remark: The unit price is a price of total number of transfers per candidate Hotel accommodation costs for CCL s instructors in single rooms during stay and involvement in the training at the Service Provider's site - on bed & breakfast basis (standard four star facility) Remark: The unit price is a price of total number of overnights per CCL s instructor Public transport costs for CCL s instructors from the accommodation facility to the Service Provider's site (local transfer) CCL s instructors during his stay and involvement in the training at the Service Provider's site (if necessary) Remark: The unit price is a price of total number of transfers per CCL s instructor Total (in EUR): * The tuition fee shall include: - All necessary materials for the course and exams, - Adequate evidence (diploma, certificate, verification etc.) on accomplished training, on the basis of which the license shall be issued in the Republic of Croatia. Page 11 of 19

12 In Date Signature and seal: Name: Title: Duly authorized to sign on behalf of (Name of the Tenderer) Page 12 of 19

13 Appendix 3 Compliance Matrix No. Description of requirements General requirements The Tenderer shall submit the Training Organization's Certificate issued by the R-01. competent authority of the EU Member State of domicile, pursuant to the provisions of Commission Regulation (EU) No. 2015/340 or (EU) No. 805/2011. Rating training courses (ADV/ADI) are competency based trainings. R-02. As the evidence of the aforementioned, the competence scheme of the Tenderer shall be submitted. The Tenderer must have in place an established process of continuous assessment in Rating Trainings. R-03. As a proof of that, the excerpt from the Training Plan of the Tenderer shall be attached. The Tenderer shall be responsible for accommodation and transport for candidates R-04. and CCL s instructors in accordance with the items 3, 4, 5, 6 of the Schedule of prices. Rating Training ADV/ADI R-5. R-6. R-7. R-8. R-9. R-10. R-11. R-12. R-13. R-14. Training Plan and Program for Rating Training ADV/ADI developed in accordance with EUROCONTROL document "Specification for the ATCO Common Core Content Initial Training, and compliant with Commission Regulation (EU) 2015/340 or (EU) 805/2011. Training Plan and Program for Rating Training ADV/ADI shall be approved by the regulatory authority of the country of domicile of the training organisation. The Tenderer must submit the approval as a separate document (certificate decision etc.) or as an integral part of the Certificate of the Training Organisation (in which case the Certificate shall include a specification of approved courses). The duration of training shall be no shorter than 60 and no longer than 70 working days. OJT instructors of the Tenderer (at least 1) carrying out the Rating Training ADV/ADI must have at least 3 (three) years of experience in carrying out the OJT training. The Tenderer must attach the copies of licenses with OJT instructor endorsement entered on license for all instructors who will participate in training. The Course Manager of Rating Training ADV/ADI must have at least 5 (five) years of experience as a Course Manager. The certificate of the service provider in which the instructor gained the required experience shall be attached. The practical part of the training (simulation exercises) shall be performed on 3D TWR simulator 180 /270. The number and type of exercises shall be specified in Training Plan and Program. During practical part of the training (simulation exercises) at least 5 (five) working days shall be spent on 360 TWR simulator. The number and type of exercises shall be specified in Training Plan and Program. In the course of the training the candidates shall visit TWR. The visit to TWR can be performed at the location of the Contracting Authority. In such case the Tenderer must, before submission of the Tender, send the request to the Contracting Authority to make a visit to its location, and the request shall contain the planned date of the visit. The planned visit to TWR shall be specified in Training Plan and Program. Two (2) OJT instructors of the Contracting Authority shall participate in each phase of practical part of Rating Training ADV/ADI. The candidates who shall successfully complete the training shall be issued an adequate evidence by the Tenderer (diploma, certificate, verification etc.) on accomplished training, on the basis of which the license shall be issued in the Republic of Croatia. Complied with YES NO Page 13 of 19

14 In Date Signature and seal: Name: Title: Duly authorized to sign on behalf of (Name of the Tenderer) Page 14 of 19

15 Appendix 4 Statement that the quoted prices are firm and fixed It is hereby confirmed that the prices quoted for each item of the Schedule or Prices in the public procurement procedure for the Air Traffic Controllers Rating Training ADV/ADI, shall remain firm and fixed and shall not be subject to any variation, Ref. No. E-VV 13/16. In Date Signature and seal: Name: Title: Duly authorized to sign on behalf of (Name of the Tenderer) Page 15 of 19

16 Appendix 5 Statement of the submission of Performance Security We hereby declare that, if our Tender shall be selected as the most favorable, we shall submit attached to the signed contract for the procurement of Air Traffic Controllers Rating Training ADV/ADI (Ref. No. E-VV 13/16), an irrevocable and unconditional Performance Security for an amount corresponding to 10% of the Contract Price, payable on the first demand and without the right to objection, valid until the In Date Signature and seal: Name: Title: Duly authorised to sign on behalf of (Name of the Tenderer) Page 16 of 19

17 Appendix 6 Statement of Acceptance of All Terms and Conditions stated in the Request for tenders We hereby declare that we, as a Tenderer in the tendering procedure for awarding the public services contract as set out in Annex II. B of the Public Procurement Act for training of air traffic controllers Rating Training ADV/ADI (Ref. No. E-VV 13/16) have read and fully understood all terms and conditions of the Request for Tenders. We furthermore declare that we accept all terms and conditions stated in this Request for Tenders and we undertake that, should our offer be selected, we shall carry out the subject matter of the procurement pursuant to the provisions of this Request for Tenders. In Date Signature and seal: Name: Title: Duly authorised to sign on behalf of (Name of the Tenderer) Page 17 of 19

18 Appendix 7 Statement of Integrity In the context of the public procurement procedure for the procurement of Air Traffic Controllers Rating Training ADV/ADI (Ref. No. E-VV 13/16), we, the undersigned Tenderer, hereby undertake to act with integrity in the said procedure and to avoid any practices that are strictly prohibited in an open tendering procedure (in particular any acts involving corruption or fraud, offering, giving or promising any undue advantage that may influence the action of an employee). We also confirm our agreement with the revision of the entire procedure by independent experts and our acceptance of liabilities and relevant sanctions (liquidated damages, unconditional contract termination) in case of a breach of the specified rules. In Date Signature and seal: Name: Title: Duly authorised to sign on behalf of (Name of the Tenderer) Page 18 of 19

19 Appendix 8 Statement for having at disposal the experts who shall participate in the performance of the Contract Hereby we confirm that we have at our disposal the experts who shall participate in the performance of the contract for training of air traffic controllers for Rating Training ADV/ADI (E-VV 13/16), and who have the expert knowledge and experience required of the performance of aforementioned services. The list of the experts who shall perform the aforementioned services forms an integral part of this statement. In Date Signature and seal: Name: Title: Duly authorised to sign on behalf of (Name of the Tenderer) Page 19 of 19

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