Construction of Motorway on Corridor Vc, Section Medakovo – Poprikuše, Subsection Ozimice - Poprikuše

The subject of this Contract is construction of 11.9 km long section of Motorway on Corridor Vc between Ozimice and Poprikuše. The works include five (5) double-tube tunnels, nine (9) bridges, three underpasses and one overpass.

The works are expected to be delivered on the construction site, on motorway sub-section Ozimice – Poprikuše.

A Contractor will be selected in accordance with the EIB Guide to Procurement, September 2018: https://www.eib.org/en/publications/guide-to-procurement

The construction works are expected to be financed through the Loan agreement signed with European Investment Bank (EIB) and Grant funds from the Western Balkans Investment Framework.

Public company Motorways of the Federation of Bosnia and Herzegovina Ltd. Mostar (hereinafter referred as “the Employer”) now invites sealed tenders from contractors for the Contract JPAC 1479-B-149-22, Subsection: Ozimice – Poprikuše in total length of 11.9 km

Firms originating from all countries of the world are eligible to tender for works, goods and services contracts.

The procurement procedure to be applied is a single stage, two-envelope tendering procedure.

The Tenderers will submit Tender containing two envelopes: one envelope with the Technical Tender and another envelope with the Price Tender. Technical Tender will be evaluated first, and only if Technical Tender is determined to be substantially responsive, the Tenderer’s Price Tender will be opened.

The Employer shall award the Contract to the Tenderer whose Tender has been determined to be the lowest evaluated Tender and is substantially responsive to the Tender Document, provided further that the Tenderer is determined to be qualified to perform the Contract satisfactorily and has sufficient bid capacity as defined in the tender document.

Bidders are allowed to ask clarifications no later than 21 days prior to the deadline for submission of Tenders by sending an email to the relevant address above.

The FIDIC Conditions of Contract for Construction for Building and Engineering Works designed by the Employer (edition 1999) will be used for the Contract.

Tender documents may be obtained from the address below upon payment of a non-refundable fee of EUR 300.00 or equivalent in a convertible currency by bank transfer to:

Beneficiary Bank: Raiffeisen Bank d.d. Bosnia and Herzegovina

Swift Code: RZBABA2S

IBAN Code: BA391611200000709894, (for payments in EUR (€)) or

No. 161-020-00624700-38 (for payments in BAM),

Beneficiary name: JP Autoceste FBiH d.o.o. Mostar.

Beneficiary address: Adema Buća 20, 88000 Mostar, Bosnia and Herzegovina

Payment option is OUR which means that the Tenderer will cover all Bank costs related to this payment and money transfer.

Upon receipt of appropriate evidence of payment of the non-refundable fee, if requested, the documents will promptly be dispatched by courier. However, no liability can be accepted for their loss or late delivery. In addition, if requested, the documents (except the stamped copy of the Bill of Quantities) can be dispatched electronically. In the event of discrepancy between electronic and hard copies of the documents, the hard copy shall prevail.

All Tenders must be accompanied by one, single tender security of EUR 6,600,000.00.

Western Balkans Investment Framework.

The Tenderer shall provide a trade licence or professional registers in their Country of Establishment.

The Tenderer shall provide a statement confirming that he either possess (or will apply within 10 working days after the issuance of the Letter of Acceptance), in the event he is awarded the contract, for License /Authorization for performing of construction works on the territory of the Federation of Bosnia and Herzegovina and License/Authorization for performing of site investigations for him or his subcontractor.

This license/Authorization is issued by the Federal Ministry of Physical Planning and is in accordance with law in Federation of Bosnia and Herzegovina (Article 38. of Decree on construction site organization, mandatory construction documents and construction actors; “Official Gazette of the Federation of Bosnia and Herzegovina” No. 48/09, 16th July, 2009).

The experience and financial record of any proposed sub-contractor shall not be included in the evaluation.

The Tenderer must meet the following criteria:

a) The Tenderer shall have an average annual turnover as prime contractor (defined as billing for works in progress and completed) over the last 7 (seven) years of not less than EUR 330 million equivalent.

b) The Tenderer shall complete Financial Information provided in Section IV, Tender Forms, and demonstrate that it has access to, or has available liquid assets, unencumbered real assets, lines of credit, and other financial means sufficient to meet the construction cash flow for the contract for a period of 4 (four) months, estimated as not less than EUR 55 million equivalent, taking into account the tenderer's commitments for other contracts.

Note: The full qualification criteria and criteria for JVCA are available in the Tender Dossier and those shall prevail.

The Tender Dossier available from the Employer includes a comprehensive list of technical criteria and criteria for JVCA which Tenderers must fulfil to be considered for opening of the financial proposal, and those criteria shall prevail. The criteria include the following:

Note: Term “within the last 7 years” means that projects that have been completed in the period starting from the April 2016 to date of publishing the tender will be taken into consideration.

(a) Successful experience as prime contractor (one contractor signed contract), lead partner, partner in JVCA/consortium or subcontractor in the execution of at least 2 (two) projects, of nature and complexity comparable to the proposed contract (construction of full profile motorway/expressway) within the last 7 years. The value of each contract should not be less than EUR 264 million.

In case that tenderer demonstrates a successful experience in a role of subcontractor, the total value of that subcontract should not be less than EUR 264 million. In case of the multiple subcontracts (or contracts) on the same Project, the different (sub)contracts will be treated cumulatively as a whole.

The similarity shall be based on the physical size, complexity, methods/technology or other characteristics as described in Section VI, Requirements, Scope of Works.

(b) At least one of the above required projects must include one full motorway profile bridge/viaduct in minimum length of 420 m and one double tube tunnel in minimum length of 600 m. In case these projects do not include required bridge/viaduct/tunnel, for the successful demonstration of this specific construction experience, tenderers can present another project, regardless of its contract value, which includes a one full motorway profile bridge/viaduct minimum length of 420 m and one double tube tunnel in minimum length of 600 m.

Note: The full qualification criteria and criteria for JVCA are available in the Tender Dossier and those shall prevail.

The FIDIC Conditions of Contract for Construction for Building and Engineering Works designed by the Employer (edition 1999) will be used for the Contract.

The selected Contractor shall be required to perform the Works in accordance with the laws and regulations of BiH and the Entity of the Federation of Bosnia and Herzegovina governing the field of construction and civil engineering and the latest EIB’s Guide to Procurement, and in accordance with the Technical Specifications, Technical Descriptions, Main Design Drawings, Bill of Quantities and Conditions of Contract.

Environmental and Social Covenant to be signed and submitted as part of their technical proposal and appended into the resulting contract.

Payment for the Works shall be based on remeasurement.

Public company Motorways of the Federation of Bosnia and Herzegovina Ltd. Mostar

Hamdije Kreševljakovića 19, 71000 Sarajevo, Bosnia and Herzegovina

Tenderers shall not have the option of submitting their tenders electronically.

Tender submission details are prescribed in the tender dossier.

JPAC reserves its right to seek clarifications and verify submitted references and use the information so obtained for evaluation purposes.

All costs related to participation in this procurement procedure shall be borne by tenderers.

Pursuant to its Sanctions Policy, the EIB shall not provide finance, directly or indirectly, to or for the benefit of an individual or entity that is subject to financial sanctions imposed by the UK, USA, EU, either autonomously or pursuant to the financial sanctions decided by the United Nations Security Council on the basis of article 41 of the UN Charter. The attention of tenderers is drawn to the EIB Anti-Fraud Policy, EIB Exclusion Policy and EIB's definition of prohibited conduct.

After publication of the notification on technical evaluation of the tenders, unsuccessful tenderers may request in writing to the Employer for a debriefing seeking explanations on the grounds on which their tenders were not selected. The Employer shall promptly respond in writing to any unsuccessful tenderer who, after publication of the notification on technical evaluation of the tenders, requests a debriefing. Any tenderer who is not satisfied with the Employer’s debriefing has the right to file a Complaint to the Independent Complaints Committee appointed by Federal Ministry of Transport and Communications.

Tenderers should alert the Procuring Entity, with a copy to the European Investment Bank to procurementcomplaints@eib.org, in case they should consider that certain clauses or provisions of this notice might limit international competition or introduce an unfair advantage to some tenderers.

Furthermore, any party having or having had an interest in obtaining a particular contract and who has been or risks being harmed by an alleged infringement of the Guide to Procurement may submit a complaint to the Bank’s Procurement Complaints Committee (PCC) as per Annex 8 of the EIB’s Guide to Procurement. Complaints are to be submitted by mail or electronic mail to procurementcomplaints@eib.org.