For the implementation of the tender procedure the contracting authority with a written order appoints an Evaluation committee. The Committee is appointed by the Contracting authority after the deadline for submission / receipt of tenders and announced on the day fixed for the opening of tenders.
The Committee shall consist of an odd number of members.
The Evaluation committee is appointed by the Contracting authority for review, evaluation and ranking of bids began work after receiving the submissions and record of art. 48, para. 6 PPZOP.
The submitted offers will be opened in a public meeting of the Committee on the date and time indicated in the notice of the administrative building of the EMEPA.
If a change is needed in the date, time or place for opening of the offers, the tenderers will be notified by the buyer profile at least 48 hours before newly defined hour.
The Committee shall evaluate tenders in accordance with the previously announced terms, criteria and indicators for evaluation. Decisions of the Committee shall be taken by a majority of its members. When a member of the committee opposes the decision, he signed a protocol with the dissenting opinion in writing his reasons.
The received offers will be opened at a public meeting in which may be present tenderers or their authorized representatives, and representatives of mass media.
The Committee opens in order of their receipt sealed opaque packages and disclose their content, also check for the existence of a separate sealed envelope marked "Proposed financial parameters." At least three members of the commission shall sign the technical offer and the envelope marked "Proposed financial parameters". The Commission proposes one of the attending representatives of the other parties to sign and technical proposal envelope marked "Proposed financial parameters." The public part of a committee meeting ends after performing these actions.
The Committee shall examine the documents under Art. 39, para. 2 IRPPL for conformity with the requirements of the tender documentation for the personal of the tenderer and prepares the relevant evaluation protocol.
When a lack, incompleteness or inconsistency of data, including irregularity or factual error or non-compliance to the personal situation, the Commission shall indicate this in the protocol and send it to all participants on the day of its publication on the buyer’s profile.
Within 5 /five/ working days of receipt of the protocol the tenderers in respect of which have been found non-compliance or lack of information, may submit to the committee a new ESPDand/or other documents that contain revised and/or supplemented information. Additional information provided may include facts and circumstances which occurred after the deadline for receipt of tenders. This option also applies to partners in alliances, subcontractors and third parties designated by the participant. The participant can replace a subcontractor or a third party when it is established that the subcontractor or the third party does not fulfill the conditions of the contracting authority where it does not change the technical proposal.
After the deadline, the committee proceeded to consideration of the additional documents regarding the compliance of the participants with the requirements personal situation.
During the pre-selection and in every stage of the procedure, the Committee may, if necessary, to make clarification on data requested by participants and/or verify requested information, including with requests for information from other authorities and parties.
Not later than two working days before the date of opening of bids the Committee shall announce at least through the buyer’s profile the date, time and place of opening. Opening may be attended from persons under Article 54, paragraph 2 of IRPPL. Commission opens bidding them disclosed.
The envelope with the price offered by the tenderer, whose tender does not meet the requirements of the Contracting authority, will not be opened.
The Committee evaluates and ranks the tenderers according to the degree of compliance of the offers with the pre-announced by the Contracting authority.
When complex evaluations of two or more offers are equal, a preference shall be granted to the offer, which contains more favorable proposals, evaluated in the following order:
1. the lower price offered;
2. more advantageous proposal on indicators outside the specified under item. 1 compared in descending order according to their weight.
The Committee held a public draw to determine the Contractor between offers ranked at first place if participants cannot be classified in accordance with the above criteria or if the award criterion is the lowest price and one and same price appears in two or more offers.
The Committee with a reasoned justification on the grounds of Article 107 of the PPL provides for rejection from the tender any participant who does not meet the set selection criteria or does not fulfill other conditions specified in the contract notice.
A tenderer will be rejected who has submitted an offer which does not meet:
a) the previously announced terms of the tender;
b) rules and requirements relating to environmental, social and labor law, applicable collective agreements and/or provisions of international environmental, social and labor law, which are listed in Annex № 10 of PPL.
A tenderer will be rejected who has not submitted the justification within the deadline under Art. 72, para. 1 of PPL or whose offer is not accepted pursuant to Art. 72, para. 3-5 from PPA
Tenderers which are affiliates will be rejected from participation.
When proposal in the offer of a tenderer related to price, subject to evaluation is more than 20 percent more favorable than the average of the proposals of other participants in the same indicator for the assessment, the Contracting authority requires detailed written explanation how it is calculated, to be provided within 5 days of receiving the request. With this hypothesis the Committee applies the rules in Article 72 of the PPL.
The Committee’s actions will recorded and the results of its work are reflected in the evaluation report.
The Committee will prepare an Evaluation report with the results of its work, which includes:
1. The composition of the Evaluation Committee, including changes in the course of work of the Committee;
2. The number and date of the order for appointment of the Committee, as well as orders amending the deadlines, tasks and composition thereof;
3. brief description of the workflow;
4. the tenderers in the procedure;
5. the actions related to opening, examining and evaluating each offer;
6. the ranking of the tenderers, if applicable;
7. proposal for rejection of tenderers, if applicable;
8. reasons for admission or rejection of each participant;
9. proposal for sign a contract with ranked first tenderer or for termination of the tender with appropriate legal basis, as applicable;
10. description of the submitted samples and/or photos where applicable.
All documents produced in the course of the committee's work as protocols, evaluation tables, the reasons for dissenting opinions and others shall be attached to the report.
The report under Article 103, Paragraph 3 of the PPL shall be submitted to the contracting authority for approval.
Within 10 days of receipt of the evaluation report the contracting authority approves it or returns it to the committee with written instructions when:
1. The information in it is not sufficient for the decision to terminate the tender and / or
2. finds a violation in the work of the Committee which can be removed without having to terminate the tender.
The guidelines cannot point to a particular tenderer or to certain findings by the committee, but only to indicate:
1. What information should be included so that there will be sufficient grounds for the Commission's proposals in the cases of p. 1;
2. The offense, which must be removed in cases under item. 2.
The Committee submits to the contracting authority a new report containing the results of the review of its actions.
Within 10 days of approval of the report the contracting authority issues a Decision determining the contractor or terminating the tender.
VІІ.CONTRACT FOR PUBLIC PROCUREMENT
1. The Contracting Authority signs a written procurement contract with the tenderer, rated by the Evaluation committee in the first place and set for Contractor through the implemented tender procedure. 2. The Contracting Authority concludes the contract within one month after the entry into force of the decision for choosing a Contractor or of the order allowing the preliminary execution of this decision, but not within 14 days of the notification of the tenderers for the decision for selection of Contractor.
The contract is concluded in the form and content of the draft contract attached in the tender documentation, attached with all the proposals of the tenderer, based on which the it was appointed as a Contractor. Changes in the draft contract are allowed as an exception when is met the condition of art. 116, para. 1, p. 5 of the Public Procurement Low and imposed by circumstances which occurred during or after the procedure.
When the Contractor is a consortium, the participants in it are jointly responsible for the implementation of the contract.
3. The contract will besigned, provided that the tenderer selected for a Contractor:
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presenta document for registration in accordance with the requirement of art. 70 IRPPL;
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fulfil the obligation under Art. 67, para. 6 of PPL;
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provide the relevant performance guarantee for implementation of the contract;
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submit the necessary documents as required by the tender documentation and the Public Procurement Low.
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Present notarized copies or originals of insurance "Professional Liability", "Labour accident" under Article 173 of the SPL incl. Declaration for their prolongation and keeping them in validity –for the contractor, subcontractors and/or partners in consortiums - where applicable.
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Present certified with "true copy" valid documents for entry into the CRPB with a valid ticket to it –for the contractor, subcontractor or partner in a consortium of which this document is required, in accordance with the terms of the contract.
4. Prior to the conclusion of the contract for tender procedure or, a framework agreement, the Contracting Authority requires the tenderer selected for a Contractor, to provide the relevant documents evidencing lack of grounds for exclusion from the procedure, as well as compliance with set selection criteria. Documents presented to the subcontractors and third parties, if any.
5. The Contracting Authority will not sign a contract when: -
the tenderer ranked on first place refuses to conclude a contract;
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the tenderer ranked on first place fails to fulfill any of the conditions on the above points, or
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the tenderer ranked on first place can not prove that there are no grounds for its exclusion from the procedure;
In specific cases, the Contracting Authority may appoint a Contractor participant ranked second or terminate the procedure. To cancel the contract is accepted and the failure of the agreed date, unless failure to appear was due to objective reasons for which the Contracting Authority is notified promptly.
If you received an invitation after the second ranked player refuses to sign the contract, the Contracting Authority shall terminate the procedure.
VIІI. APPEAL
Any decision of the Contracting Authority in the procedure for award of the contract is subject to appeal on its legality before the Commission for Protection of Competition. On appeal be also any act or omission of the Contracting Authority, which prevents access or participation of the parties in the procedure.
Complaints may be brought by any persons under Art. 198 of the PPL in 10 days, according to Art. 197 of PPL;
An appeal shall be filed inand sent in Bulgarian simultaneously to the Commission for Protection of Competition and to the Contracting Authority, whose decision, act or omission is complained of.
ІХ. GENERAL INSTRUCTIONS
1. The periods referred to in this document are calculated as follows:
a) where the period is specified in days, it expires at the end of the last day of that period;
b) the last day of a period is a public holiday or day off, which should be a concrete action, it is considered that period expires at the end of the first working day following the holiday.
The terms in the documentation are calendar days.
When the period is working days, this is explicitly stated in the indication of the relevant period.
2. In contradiction in the records of individual documents from the documentation for valid entries to be considered in the document with a higher priority, the priorities of the documents are in the following order:
a) Decision for start of the tender;
b) Notice of public procurement;
c) Terms of reference (Technical specifications);
e) The evaluation methodology;
f) Templates of documents and instructions for their preparation.
g) Draft Contract
The document with the highest priority is indicated first.
In matters relating to the conduct of the procedure and the preparation of the offers and the reasons for its termination, are not addressed in the documentation, the provisions of the Public Procurement Low and the Regulations for Implementation of the Public Procurement Low.
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