Changes1.Publication reference

EuropeAid/140377/IH/WKS/TR

2.Procedure

Open

3.Programme title

Multi-annual Operational Programme ‘Competitiveness and Innovation Sector’ for Community Assistance from the Instrument for Pre-Accession Assistance (IPA II) for the Socioeconomic and Regional Development Policy Area in Turkey

4.Financing

IPA II budget item 22.02.03.02 of the General Budget of the EU and National Contribution.

5.Contracting authority

Ministry of Industry and Technology ù DG for EU and Foreign Affairs – Directorate of EU Financial Programmes, (MoIT/ DoEUFP), Ankara/TURKEY

Mustafa Kemal Mahallesi, Dumlupınar Bulvarı, (Eskişehir Yolu 7.Km), 2151.Cadde, No:154/A, Kat:7, 06530, Çankaya/Ankara, TURKEY.

Contract specifications6.Description of the contract

The subject of the contract comprises of the following components:

— construction of the Fish Processing and Storage Services Center (PSSC) with a total construction area of approximately 8 500 m2, which has the processing and storage building (footprint area of approximately 3 000 m2) and Administrative building (footprint area of approximately 1 000 m2);

— machinery and equipment (Filleting and Marinating process and storage units) under this contract and installation of these machinery and equipment.

Works contract will be executed as per ‘Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer, FIDIC Book’.

7.Number and titles of lots

One lot only.

Terms of participation8.Eligibility and rules of origin

Participation is open to all natural persons who are nationals of and legal persons (participating either individually or in a grouping — consortium – of tenderers) which are effectively established in a member state of the European Union or in a eligible country or territory as defined under the Regulation (EU) No 236/2014 establishing common rules and procedures for the implementation of the Union's instruments for external action (CIR) for the applicable instrument under which the contract is financed (see also heading 22 below). Participation is also open to international organisations. All supplies under this contract must originate in one or more of these countries. However, they may originate from any country when the amount of the supplies to be purchased is below EUR 100 000 per purchased.

Please be aware that following the entry into force of the EU-UK Withdrawal Agreement(*) on 1 February 2020 and in particular Articles 127(6), 137 and 138, the references to natural or legal persons residing or established in a member state of the European Union and to goods originating from an eligible country, as defined under Regulation (EU) No 236/2014(**), are to be understood as including natural or legal persons residing or established in and to goods originating from, the United Kingdom. Those persons and goods are therefore eligible under this call.

(*)Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community.

(**) Regulation (EU) No 236/2014 of the European Parliament and of the Council of 11 March 2014 laying down common rules and procedures for the implementation of the Union's instruments for financing external action.

9.Grounds for exclusion

Tenderers must submit a signed declaration, included in the tender form for a works contract, to the effect that they are not in any of the situations listed in section 2.6.10.1 of the Practical Guide.

Tenderers included in the lists of EU restrictive measures (see section 2.4. of the PRAG) at the moment of the award decision cannot be awarded the contract.

10.Number of tenders

Tenderers may submit only one tender per lot. Tenders for parts of a lot will not be considered.

Any tenderer may state in its tender that it would offer a discount in the event that its tender is accepted for more than one lot. Tenderers may not submit a tender for a variant solution in addition to their tender for the works required in the tender dossier.

11.Tender guarantee

Tenderers must provide a tender guarantee of EUR 100 000 when submitting their tender. This guarantee will be released to unsuccessful tenderers once the tender procedure has been completed and to the successful tenderer upon signature of the contract by all parties.

12.Performance guarantee

The successful tenderer will be asked to provide a performance guarantee of 10 % of the amount of the contract at the signing of the contract. The guarantor institution must be rated by an international credit rating agency and this rating is used to assess whether the guarantee is approved by the contracting authority. This guarantee must be provided together with the return of the countersigned contract no later than 30 days after the tenderer receives the contract signed by the contracting authority. If the selected tenderer fails to provide such a guarantee within this period, the contract will be void and a new contract may be drawn up and sent to the tenderer which has submitted the next cheapest compliant tender.

13.Information meeting and/or site visit

An optional information meeting and site visit will be held on 16 June 2020 at 10.00 (Local time — Turkey). The address of the meeting is: OSB Mahallesi, 6. Cadde No 5, Demirci Köyü, Sinop Organize Sanayi Bölgesi, SİNOP.

14.Tender validity

Tenders must remain valid for a period of 90 days after the deadline for submission of tenders. In exceptional circumstances, the contracting authority may, before the validity period expires, request that tenderers extend the validity of tenders for a specific period.

15.Period of implementation of tasks

Time for completion of works is 540 days, starting from the date notified in the notice of the commencement date and ending on the date of taking over notified in the Taking-Over Certificate.

The defects notification period will last 365 days, starting from the date of taking over notified in the Taking-Over Certificate.

Selection and award criteria16.Selection criteria

If a tender is submitted by a consortium, unless specified, the selection criteria will be applied to the consortium as a whole.

16.1) Economic and financial capacity of candidate.

(a) Annual turnover (the amount of business done in a year, income generated from ongoing works and income generated from works undertaken shall be considered as part of the turnover). The average of annual turnover of the tenderer in the last 3 (three) financial years shall be a minimum of EUR 3 500 000 or equivalent.

This must be proven by the financial statements of the company (including balance sheet, profit and loss account, cash flow statement and statement of changes in equity) over the last 3 financial years, audited by a Certified Public (Sworn)/Chartered Accountant and as required by the law of the country in which the tenderer is established.

The financial statements for the last 3 financial years must be attached to Form 4.4.

(b) Financial resources:

The tenderer shall demonstrate, by a bank statement from his/her bank that s/he has available or has access to liquid assets, lines of credit or other financial means sufficient to meet the construction cash flow for the contract of not less than EUR 3 000 000 or equivalent in addition to the tenderer’s commitments for other contracts.

The tenderer should provide evidence of secured financing in form of cash, secured irrevocable credit line granted by a bank or other acceptable form of funds. The evidence shall clearly demonstrate the financing is available for the concerned contract.

(c) Financial position:

The audited financial statements (audited balance sheets and income tables or, if not required by the law of the tenderer’s country, other financial statements acceptable to the Contracting Authority) as well as the report of Certified Public (Sworn) Accountant for the last 3 financial years shall be submitted and must demonstrate the soundness of the applicant’s financial position, showing long-term profitability.

The tenderer should be in positive profit account at least two of the last 3 years.

The Contracting Authority reserves the right to carry out such any further inquiry on the tenderer’s financial standing.

Financial data to be provided by the tenderer in relation to the selection criteria must be expressed in EUR. If applicable, where a candidate refers to amounts originally expressed in a different currency, the conversion to EUR shall be made in accordance with the InforEuro exchange rate of April 2020, which can be found at the following address: http://ec.europa.eu/budget/graphs/inforeuro.html

16.2) Technical and professional capacity of candidate

Similar works experience:

The tenderer shall meet the following minimum criteria (to be proved by the original or notary approved Taking-Over Certificates).

The tenderer must have successfully completed, as the prime contractor, similar works contracts in the nature as defined below within the last 7 (seven) years up to the submission deadline of this tender, i.e. 84 months prior to deadline for submission of tender. (Taking over certificates should indicate that the works have been completed in the last 7 years.) The start and end/completion dates of the references should be specified as day/month/year information.

1) At least one building construction contract (e.g. public buildings, hospitals, universities, schools, laboratories, factory buildings, hotels except renovation/rehabilitation works) with a minimum value of EUR 7 000 000 or at least two building construction contracts (e.g. public buildings, hospitals, universities, schools, laboratories, factory buildings, hotels except renovation/rehabilitation works) with a minimum value of EUR 3 500 000 each.

2) Completed (himself or intended subcontractor) at least one contract for supply and installation of food processing facility (machinery and equipment) with a contract value of minimum EUR 1 500 000 or at least two contracts for supply and installation of food processing facility (machinery and equipment) with a contract value of minimum EUR 750 000 each.

If the tenderer relies on the capacity of the intended subcontractor, an undertaking and the proof of the capacity should be submitted together with the tender. The intended subcontractor must also respect the rules of eligibility and notably that of nationality.

If a tenderer has implemented the similar work experience in a JV/Consortium, it should be clear from the documentary evidence (Provisional Acceptance/Taking-Over Certificate) the percentage/value of the works that the tenderer has successfully completed. Should the submitted documents not provide clear information, it will be clarified by further documents.

Financial data to be provided by the tenderer in relation to the selection criteria must be expressed in EUR. If applicable, where a candidate refers to amounts originally expressed in a different currency, the conversion to EUR shall be made in accordance with the InforEuro exchange rate of April 2020, which can be found at the following address: http://ec.europa.eu/budget/graphs/inforeuro.html

Previous experience of the tenderer must be proved by notary approved copy of Taking-Over Certificates.

The contracting authority reserves the right to ask for originals of the respective certificates of taking-over signed by the project managers/contracting authority of the concerned projects.

In the case of a tender submitted by a joint venture/consortium, the following selection criteria will be applied to the joint venture/consortium:

The minimum selection criteria for a joint-venture/consortium as tenderer are as follows:

(i) the leading partner shall meet no less than 50 % of the turnover (16.1(a) and financial resources 16.1 (b)) criteria specified above;

(ii) the other partner(s) shall meet no less than 10 % of turnover (16.1(a) and financial resources 16.1(b)) criteria specified above;

(iii) all partners must satisfy collectively economical and financial standing (16.1(a), 16.1(b) and 16.1(c)) and technical and professional capacity criteria (16.2) specified above;

(iv) each individual member shall satisfy the legal status (8).

Capacity-providing entities:

An economic operator may, where appropriate and for a particular contract, rely on the capacity of other entities, regardless of the legal nature of the links which it has with them. Some examples of when it may not be considered appropriate by the contracting authority are when the tenderer relies mostly on the capacity of other entities or when it relies on key criteria. If the tenderer relies on other entities, it must prove to the contracting authority that it will have at its disposal the resources necessary to perform the contract, for example by producing a commitment on the part of those entities to place resources at its disposal. Such entities, for instance the parent company of the economic operator, must respect the same rules of eligibility and notably that of nationality, as the economic operator relying on them and must comply with the selection criteria for which the economic operator relies on them. Furthermore, the tender should include a separate document providing data on this third entity for the relevant selection criterion. Proof of capacity must be furnished at the request of the contracting authority.

With regard to technical and professional criteria, a tenderer may only rely on the capacities of other entities where the latter will perform the works for which these capacities are required.

With regard to economic and financial criteria, the entities upon whose capacity the tenderer relies become jointly and severally liable for the performance of the contract.

17.Award criteria

The most economically advantageous tender is the technically compliant tender with the lowest price.

Tendering18.How to obtain the tender dossier

The tender dossier is available from Ministry of Industry and Technology, DG for European Union and Foreign Affairs, Directorate of EU Financial Programmes (MoIT/DoEUFP), Mustafa Kemal Mahallesi, Dumlupınar Bulvarı, (Eskişehir Yolu 7.Km), 2151.Cadde, No 154/A, Kat:7, Oda No 714-A 06530 Çankaya/Ankara, TURKEY.

Upon payment of EUR 200, which excludes courier delivery. It is also available for inspection at the premises of the contracting authority, address as in point 5 above. Tenders must be submitted using the standard tender form included in the tender dossier, whose format and instructions must be strictly observed.

Interested tenderers, upon registering their company information and power of attorney of the person who receives the tender dossier and submitting a copy of the receipt for the payment of EUR 200 to the below-mentioned bank account, can receive the tender dossier including drawings and technical specifications, from MoIT/DoEUFP.

Bank account for the payment for the tender dossier: Türkiye Vakıflar Bankası T.A.O. Sanayi ve Teknoloji Bakanlığı Bağlı Şubesi (0933) IBAN: TR78 0001 5001 5804 8013 5929 11.

The MoIT/DoEUFP will send the tender dossier by courier if an interested company wants to receive it and declares its interest in written form to the MoIT/DoEUFP, by considering enough time and recommending the appropriate courier service for the specific location. MoIT/DoEUFP does not accept any responsibility for late delivery of the tender dossier by the courier service. The recipient will do payment for the courier service. The payment for the tender dossier EUR 200 will be provided to the bank account and the receipt for that amount will be submitted in the tenders as usual procedure for all interested companies.

Tenderers with questions regarding this tender should send them in writing to: Att.: Mr. Mustafa Erdoğan, Ministry of Industry and Technology — DG for EU and Foreign Affairs — Directorate of EU Financial Programmes, (MoIT/ DoEUFP), Mustafa Kemal Mahallesi, Dumlupınar Bulvarı, (Eskişehir Yolu 7.Km), 2151.Cadde, No 154/A, Kat:7, Oda No 714-A 06530 Çankaya/Ankara, Turkey Fax: 90 312 201 69 54

Email: rsp.ihale@sanayi.gov.tr, rsp.tender@sanayi.gov.tr

(mentioning the publication reference shown in item 1) at least 21 days before the deadline for submission of tenders given in item 19. The contracting authority must reply to all tenderers' questions at least 11 days before the deadline for submission of tenders. Eventual clarifications or minor changes to the tender dossier will be published at the latest 11 days before the submission deadline on the website of DG International Cooperation and Development at https://webgate.ec.europa.eu/europeaid/online-services/index.cfm?do=publi.welcome and contracting authority website at https://rekabetcisektorler.sanayi.gov.tr/en/

19.Deadline for submission of tenders

The tenderer's attention is drawn to the fact that there are two different systems for sending tenders: one is by post or private mail service, the other is by hand delivery.

In the first case, the tender must be sent before the date and time limit for submission, as evidenced by the postmark or deposit slip(1), but in the second case it is the acknowledgment of receipt given at the time of the delivery of the tender which will serve as proof.

16.00 (Local Time — Turkey) on 20 September 2020.

Opening hours of the contracting authority: 9 a.m-5.00 p.m. (local time).

Any tender submitted to the contracting authority after this deadline will not be considered.

The contracting authority may, for reasons of administrative efficiency, reject any tender submitted on time to the postal service but received, for any reason beyond the contracting authority's control, after the effective date of approval of the evaluation report, if accepting tenders that were submitted on time but arrived late would considerably delay the evaluation procedure or jeopardise decisions already taken and notified.

How tenders may be submitted

Tenders must be submitted in English exclusively to the contracting authority in a sealed envelope:

— either by post or by courier service, in which case the evidence shall be constituted by the postmark or the date of the deposit slip, to: Ministry of Industry and Technology — DG for EU and Foreign Affairs — Directorate of EU Financial Programmes, (MoIT/ DoEUFP), Att: Mr Mustafa Erdoğan, Mustafa Kemal Mahallesi, Dumlupınar Bulvarı, (Eskişehir Yolu 7.Km), 2151.Cadde, No 154/A, Kat:7, Oda No 714-A 06530 Çankaya/Ankara, TURKEY;

— or hand-delivered by the participant in person or by an agent directly to the premises of the contracting authority in return for a signed and dated receipt, in which case the evidence shall be constituted by this acknowledgement of receipt, to: Ministry of Industry and Technology — DG for EU and Foreign Affairs — Directorate of EU Financial Programmes, (MoIT/ DoEUFP), Att: Mr Mustafa Erdoğan, Mustafa Kemal Mahallesi, Dumlupınar Bulvarı, (Eskişehir Yolu 7.Km), 2151.Cadde, No 154/A, Kat:7, Oda No 714-A 06510 Çankaya/Ankara, TURKEY.

Opening hours of the contracting authority: 9 a.m.-5 p.m. (local time).

The contract title and the publication reference (see item 1 above) must be clearly marked on the envelope containing the tender and must always be mentioned in all subsequent correspondence with the contracting authority.

Tenders submitted by any other means will not be considered.

By submitting a tenderer accept to receive notification of the outcome of the procedure by electronic means. Such notification shall be deemed to have been received on the date upon which the contracting authority sends it to the electronic address referred to in the tender.

(1) It is recommended to use registered mail in case the postmark would not be readable.

20.Tender opening session

10.00 (Local Time – Turkey) on 27 September 2020 in the premises of Ministry of Industry and Technology — DG for EU and Foreign Affairs — Directorate of EU Financial Programmes (MoIT/DoEUFP), Mustafa Kemal Mahallesi, Dumlupınar Bulvarı, (Eskişehir Yolu 7.Km), 2151.Cadde, No 154/A, Kat:7 06530 Çankaya/Ankara, TURKEY.

In the case that at the date of the opening session some tenders have not been delivered to the contracting authority but their representatives can show evidence that they have been sent on time, the contracting authority will allow them to participate in the first opening session and inform all representatives of the tenderers that a second opening session will be organised.

21Language of the procedure

All written communications for this tender procedure and contract must be in English.

22.Repetition of similar works

Subsequent to the initial contract resulting from the current tender procedure, new works consisting in the repetition of similar works, up to the estimated amount of EUR 5 000 000.00 may be entrusted to the initial contractor by negotiated procedure without prior publication of a contract notice, provided the new works are in conformity with the same basic project.

23.Legal basis

Regulation (EU) No 236/2014 of the European Parliament and of the Council of 11 March 2014 laying down common rules and procedures for the implementation of the Union's instruments for financing external action and Regulation (EU) No 231/2014 of the European Parliament and of the Council of 11 March 2014 establishing an Instrument for Pre-Accession Assistance (IPA II) — see Annex A2 of the practical guide.

24.Additional information

— In the premises where MoIT/DoEUFP is located, there is one security point to pass through and only two elevators operating to reach seventh floor. Please consider these physical conditions not to miss the deadline for receipt of applications.

— In line with sub-article 5.3.9.3 of the PRAG, the tenderers are requested to bring with them official documents certifying their status as representatives of the companies and their IDs. Tenderers who do not bring these documents will not be allowed to the opening sessions. It is strongly recommended by the contracting authority, to bring copies of the each document for the time management before the opening session.

Deadline Date2020-07-20
Publication Date2020-03-31
CountryTurkey
Procurement StatusActive
TypeOpen procedure
Contract TypeWorks
Award CriteriaLowest price
OrganisationMinistry of Industry and Technology ù DG for EU and Foreign Affairs – Directorate of EU Financial Programmes, (MoIT/ DoEUFP)
TownAnkara
Class Code71356200
Class DescriptionTechnical assistance services
SourceOffice for Official Publications of the European Communities - Tenders electronic daily (Ted)

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