1

APPROVED BY

SIA “Eiropas dzelzceļa līnijas”

Procurement Commission meeting

of 20 February 2017

(minutes of the meeting No.2)

Chairperson of Procurement Commission

Marika Simanoviča

____________________________

SIA “Eiropas dzelzceļa līnijas”

Open tender

„Provision of study of potential electromagnetic impact on ATM/CNS systems of the

SJSC “Latvijas gaisa satiksme” due to the Rail Baltica railway infrastructure

project and further train operations at Riga International Airport“

Terms of Reference

Procurement identification No. EDZL 2017/3 CEF

Riga,

2017

2

1. General information

1.1. Procurement procedure

The procurement procedure is an open tender (hereinafter – tender), which is carried

out according to the Public Procurement Law of the Republic of Latvia (hereinafter –

the Public Procurement Law) and these Terms of Reference (hereinafter – ToR).

1.2. Procurement identification number EDZL 2017/3 CEF.

1.3. Contracting Authority Name of the

contracting

authority:

Limited Liability Company “Eiropas dzelzceļa līnijas”

Registered

address:

Actual address:

3 Gogoļa Street, Rīga, LV-1050

12 Maskavas Street, Rīga, LV-1050

Registration

number:

40103836785

Phone: 66954242

Working hours: Business days from 8.30 am till 5pm.

1.4. Tenderer

A supplier, who has submitted its offer in the tender.

1.5. Procurement Commission

The tender is carried out by the procurement commission of limited liability company

„Eiropas dzelzceļa līnijas“ (hereinafter – SIA “Eiropas dzelzceļa līnijas”), which is

established according to the decree No EDZL-03-1/20 of 30 January 2017 “On the

establishment of a procurement commission for the procurement „Provision of study of

potential electromagnetic impact on ATM/CNS systems of the SJSC “Latvijas gaisa

satiksme” due to the Rail Baltica railway infrastructure project and further train

operations at Riga International Airport““ (hereinafter – commission).

1.6. Funding

The procurement is funded from the Connecting Europe Facility (CEF) project

„Development of a 1435 mm standard gauge railway line in the Rail Baltic/ Rail

Baltica (RB) corridor through Estonia, Latvia, and Lithuania“ funds.

1.7. Contact of the contracting authority

Marika Simanoviča, Deputy Director, Development and Cooperation Department

at SIA “Eiropas dzelzceļa līnijas”, address: 12 Maskavas Street, Riga, LV-1050,

ph. +371 66954241, (e-mail address: marika.simanovica@edzl.lv).

1.8. Information on the tender subject 1.8.1. The subject of the tender is the aeronautical assessment of the potential impact

that the railway infrastructure project by Rail Baltica and further train

operations, can cause on the radio signal performance of the CNS systems at

Riga International Airport (hereinafter – Service) according to Annex 2 of the

ToR: „Technical Specification“. The service is delivered as follows:

3

1.8.1.1. Following a request by the interested Tenderer/s sent to the e-mail

address: marika.simanovica@edzl.lv the Contracting Authority will organise a

Site Survey in the facilities of SJSC “Latvijas gaisa satiksme”, International

Airport Riga, Mārupe municipality, LV-1053, in the third week after the

notification on the contract is published on the website of Procurement

Monitoring Bureau: www.iub.gov.lv at the time indicated by Contracting

Authority. Information about the Site Survey will be published by Contracting

Authority on its website www.edzl.lv with the tender ToR, 1 (one) week

before the Site Survey. Site Survey by interested suppliers is not mandatory.

1.8.1.2. The Tenderer shall submit a list to the Contracting Authority's e-mail

address: marika.simanovica@edzl.lv, which lists, what information and

documents will be needed by the Tenderer to provide the Service. Within 2

(two) weeks after receipt of the request the Contracting Authority shall provide

an answer, what information and documents are at the disposal of the latter,

and the answer shall also be published on its website www.edzl.lv.

Information and documents, which are not at the disposal of the Contracting

Authority, shall be acquired by the Contractor, and costs thereof shall be

included in the offer price. Should the Contractor establish during the Service

provision that it needs extra information or documents to provide the Service,

which it has not listed, the Contractor shall bear liability for this and the

attributable costs incurred to Contractor will not be covered on top.

1.8.1.3. No later than within 10 (ten) days after the Contract comes into effect the

Contracting Authority shall send to the Contractor the requested documents

according Clause 1.8.1.2 herein to and documents at the disposal of

Contracting Authority.

1.8.1.4. The Contractor drafts and submits a Preliminary Report to the Contracting

Authority no later than 50 (fifty) days after the Procurement contract has come

into effect and shall arrive in Riga to present it to the Contracting Authority no

later than within 60 (sixty) days.

1.8.1.5. The Contractor shall draft and send to the Contracting Authority for

approval the Final Draft Report no later than 75 (seventy-five) days after the

Procurement contract has come into effect. The Contracting Authority reviews

and sends to the Contractor information on relevant amendments and/or

clarifications in the Final Draft Report within 1 (one) week after the receipt of

the Final Draft Report.

1.8.1.6. Based on the information provided by the Contracting Authority on

relevant amendments and/or clarifications in the Final Draft Report, drafts and

submits the Final Report to the Contracting Authority within 90 (ninety) days

after the Procurement contract has come into effect. Following the signing of

the Final Report delivery-acceptance protocol by both parties, the Final Report

will be used for the development of the technical design of the International

Airport Riga railway station, related infrastructure and overpass.

1.8.2. The tender is not split into lots.

1.8.3. The Tenderer is forbidden to submit alternative offers.

1.8.4. CPV code: 73000000-2.

1.8.5. The envisaged contract fee of the procurement: up to 110,000 (one hundred

and ten thousand) EUR excluding value added tax (hereinafter – VAT).

1.9. Time and place of contract execution

4

1.9.1. Period of time for contract fulfilment: 90 (ninety) days after the contract has

come into effect.

1.9.2. Contract duration: until complete fulfilment of liabilities.

1.9.3. Location for contract fulfilment: Mārupe municipality, Latvia.

1.10. Procedures for information exchange and receipt of tender ToR

1.10.1. The Contracting Authority may be visited upon presentation of special entry

permits, and therefore the Tenderer shall announce its visit at least 2 hours in

advance by calling +371 66954242 or +371 66954241.

1.10.2. The Contracting Authority publishes a notification of the contract for the open

tender „Provision of study of potential electromagnetic impact on ATM/CNS

systems of the SJSC “Latvijas gaisa satiksme” due to the Rail Baltica railway

infrastructure project and further train operations at Riga International Airport“

in the website of procurement Monitoring Bureau: www.iub.gov.lv.

1.10.3. Exchange of information between the commission and interested suppliers and

Tenderers shall be in writing – by mail or e-mail to the Contracting Authority

contact person's e-mail address.

1.10.4. Tender ToR, amendments to regulations and other relevant information about

the Tender regulations shall be published on the Contracting Authority's website:

www.edzl.lv.

1.10.5. Where the interested supplier in due time requests extra information on the

requirements contained within the ToR regarding the preparation and submission of

bid or the selection of Tenderers, the commission shall provide it within 5 (five)

days, but no later than 6 (six) days before the bid submission deadline. Answers to

the supplier requests for extra information about the ToR are sent to the interested

supplier, who posted the question, and is also published on the website of the

Contracting Authority: www.edzl.lv.

1.10.6. The interested suppliers are obliged to check the information published on the

website of the Contracting Authority.

1.10.7. All interested suppliers can view the ToR free of charge in the premises of the

Contracting Authority, address according to Clause 1.7 herein, every business day

from 8.30am to 5pm, subject to prior announcement of the visit to the contact

person of the Contracting Authority by calling +371 66954241 at least 2 (two)

hours in advance.

1.10.8. Where the interested supplier requests the ToR in paper, the commission shall

present it to the interested supplier within 2 (two) business days after the respective

request has been received, provided that the request has been submitted prior to the

bid submission deadline.

1.10.9. The Tenderer shall cover all and any costs related to drafting and submission of the

bid. The Contracting Authority shall not be held liable for these costs irrespective of

the tender outcome.

1.11. Bid submission and opening

1.11.1. The bids can be submitted by mail or in person to SIA “Eiropas dzelzceļa līnijas”,

12 Maskavas Street, Riga, LV-1050, on business days from 9am till 12am and from

1pm till 16.45pm, by 13 April 2017 at 10am, subject to prior notification of the

visit by calling +371 66954242 or +371 66954241. Postal deliveries are deemed

submitted in time, if they are received in the address indicated above by the bid

submission deadline.

5

1.11.2. The submitted bid can be revoked or amended by the Tenderer only until the bid

submission deadline. In case of bid replacement the bid submission time is deemed

the time the last bid was submitted.

1.11.3. Where the bid has been submitted after the bid submission deadline, it is given back

or sent by mail back unopened to the Tenderer.

1.11.4. The submitted bids will be opened at SIA “Eiropas dzelzceļa līnijas”, 12

Maskavas Street, Riga, LV-1050, in an open procurement commission meeting

right after the bid submission deadline.

1.11.5. The bids are opened at the procurement commission meeting according to the

sequence they were submitted by calling out the Tenderer, the date and time its

bid was submitted, the offered price, and other information, which describes

the bid. Following a request by the meeting participant, the commission shall

present the Financial Offer, which according to the required Financial Offer

template demonstrates the offered price, securing generally available

information is not disclosed.

1.11.6. Data announced at the bid opening meeting are recorded on the registration

sheet of submitted bids, which is signed by the commission members present.

Following a request by a Tenderer, the copy of the registration sheet from the

bid opening meeting is handed over or sent to the tenderer.

1.12. Requirements as regards the design of the bid

1.12.1. The bid is submitted in a sealed/ stamped envelope/ package, which bears the

following on top of it:

a) Name and mailing address of the Contracting Authority; SIA “Eiropas dzelzceļa

līnijas”, 12 Maskavas Street, Riga, LV-1050

b) Name, registration number and registered address of the Tenderer;

c) remark:

BID FOR THE OPEN TENDER

„Provision of study of potential electromagnetic impact on ATM/CNS systems of

the SJSC “Latvijas gaisa satiksme” due to the Rail Baltica railway infrastructure

project and further train operations at Riga International Airport“

Identification No. EDZL 2017/3 CEF

Do not open before the bid submission deadline on 13 April 2017 at 10am“

1.12.2. The bid consists of the following sections:

a) Application for participation in the Tender;

b) Qualification documents of the Tenderer;

d) Technical Offer;

e) Financial Offer.

1.12.3. The Tenderer submits 1 (one) original bid typed in paper bearing the remark

„ORIGINAL“ and 1 (one) copy with the remark „COPY“. Where the copy of

the bid differs from its original, the commission shall refer to the original. The

bid shall be submitted also electronically, on a digital data carrier, in a format,

which is legible by standard software tools, while the Financial Offer shall be

submitted in Microsoft Office Excel format. The electronically submitted bid

shall be enabled the print functions and documents by the Tenderer shall be

enabled the search function. The digital data carrier containing the electronic

bid shall be inserted in the envelope/ package according to Clause 1.12.1

herein.

1.12.4. The bid shall have a table of contents listing each part of the bid documents.

6

1.12.5. Except for the bid guarantee, all other bid documents shall be sewn together

preventing the removal of any page thereof without damage to the perforation

fixing. The perforating string is attached at the back of the last page by

sticking a self-adhesive label onto it; the label shall bear a remark of the

number of pages in the document and shall be signed by an authorised

signatory or an authorised person of him. The label shall bear the number of

pages, the position, signature and full name, surname of the representative of

the Tenderer. The pages shall be numbered in line with the attached table of

contents.

1.12.6. The documents included in the bid shall be clearly legible in typewriting,

without any strikethrough texts, additions, unjustified corrections, use of

correction pens or deletions. In case of any amendments, these shall be

justified in according to statutory requirements under the Cabinet of Ministers

Regulation No. 916 „Procedures for drafting and finishing documents“ of 28

September 2010.

1.12.7. In the bid or following a request by the commission, original documents of

legal power shall be submitted. For a document to become valid, it shall be

issued and designed according to the Law On Legal Force of Documents,

while a public document issued abroad shall be legalised or approved (by

means of an apostille) according to the statutory requirements of the Law On

Legal Force of Documents. A public document issued abroad is not subject to

the requirement to legalise or approve it (by means of an apostille), if it is

issued in the European Union, European Economic Area member state, or in

the Swiss Confederation.

1.12.8. The bids shall be drawn up either in English, or Latvian. Bid documents

drafted in another language shall have an attached translation approved by the

Tenderer in English or Latvian according to the Cabinet of Ministers

Regulation No 291 „Procedures for the Certification of Document Translations

in the Official Language“ of 22 August 2000. The Tenderer is liable for the

consistency of translation with the original.

1.12.9. Copies of documents are drafted and designed according to Law On Legal

Force of Documents and Cabinet of Ministers Regulations No. 916

„Procedures for drafting and finishing documents“ of 28 September 2010.

Should the commission doubt the authenticity of a submitted document

copy, it requires the Tenderer presents the original document.

1.12.10. At the submission of the bid, the Tenderer has the right to approve all copies

and translations of submitted documents with a single approval, provided the

whole bid is bound as a single unit.

1.12.11. The bid shall be signed by and authorised signatory of the Tenderer or an

authorised person by him, and a respective power of attorney shall be

attached, which is a proof the person is authorised to sign the bid and

approve the copies and translations of submitted documents.

1.12.12. Where the bid is submitted by a partnership, the bid shall be signed by all

entities, which are part of the partnership, or a person authorised by the

partnership.

1.12.13. Upon submission of the bid, the Tenderer fully acknowledges all provisions

contained within the ToR.

1.12.14. The submitted bids are property of Contracting Authority and shall not be

returned to the Tenderer.

7

1.13. Other information

1.13.1. All submitted bids are stored unopened in their packages/ sealed packages

until the bid opening meeting. Early opening of bids is prohibited.

1.13.2. The Tenderer shall cover all and any costs related to the preparation and

submission of the bid.

1.13.3. Where the bid is submitted by a partnership of suppliers, which is awarded the

contract, before signing the contract, it shall officially register the general

partnership within 15 (fifteen) days after the expiry of waiting term according

to Article 67(4) of the Public Procurement law.

1.13.4. Except for the Technical Specification, the ToR are drafted in Latvian with a

translation in English. Except for the Technical Specification, in case there is a

conflict between the Latvian and English text of the ToR, the ToR in Latvian

shall prevail. The Technical Specification is drafted only in English, since

English is the official aviation language (Chicago Convention, ICAO Annex

10), and the Technical Specification in English will provide for a clear

understanding of the subject of the procurement and the technical provisions.

2. Bid guarantee A bid guarantee is not requested.

3. Documents to be included in the bid

3.1. The bid shall contain documents in the following sequence:

3.1.1. title page bearing the title of the tender „Bid for the procurement EDZL 2017/3

CEF „Provision of study of potential electromagnetic impact on ATM/CNS

systems of the SJSC “Latvijas gaisa satiksme” due to the Rail Baltica railway

infrastructure project and further train operations at Riga International Airport“

and the name of the Tenderer“;

3.1.2 Table of contents with page numbering;

3.1.3 application for participation in the tender according to the template provided

in Annex 1 hereof;

3.1.4 power of attorney, where the bid is signed by a person authorised by the

Tenderer, who is not the official authorised signatory of the Tenderer;

3.1.5 where the bid is submitted by a partnership of suppliers, an agreement

signed by all parties stating the willingness to take part in the tender shall be

submitted. The agreement shall contain the following;

3.1.5.1. a statement that all members of the partnership of suppliers

will be jointly liable for the fulfilment of the procurement contract, in

case the Tenderer will be granted the right to fulfil the contract;

3.1.5.2. determination of the scope of involvement by each member of

the partnership of suppliers, including the share, roles, and tasks to be

carried out;

3.1.5.3. an authorisation of the member of the partnership, who will

represent all members of the partnership;

3.1.5.4. a written document stating that in case the partnership of

suppliers will be granted contract conclusion rights it undertakes to

merge by conclusion of the procurement contract and register a general

partnership in a registration authority within 15 (fifteen) days after the

expiry of the waiting term according to Article 67(4) of the Public

Procurement Law.

8

3.1.6. Tenderer's qualification documents, which shall be submitted under Section 5

of the ToR.

3.1.7. Where the Tenderer relies on the capabilities of other entities, for the

Tenderer to meet the qualification requirements as regards the Tenderer's

compatibility for professional activity, economic and financial condition, or

technical and professional skills, a statement on participation in the tender

signed by each entity, on whose capabilities the Tenderer relies, and in case

the contract will be awarded, a statement on the involvement in the

procurement contract fulfilment and resources, which will be placed at the

disposal of the Tenderer, along with the following information to be

provided:

3.1.7.1. for a legal entity – title, registration number and registered address;

for a physical entity – name, surname, personal ID number and address;

3.1.7.2. information according to the regulations as regards the qualification

requirements, for the fulfilment of which the Tenderer relies on the

capabilities of other person.

3.1.7.3. Where the Tenderer relies on the capabilities of other persons,

for the Tenderer to meet the qualification requirements as to the

economic and financial condition, this person shall be jointly liable

together with the Tenderer for the fulfilment of the procurement

contract.

3.1.8. Where the Tenderer plans to employ sub-contractors, a list (drafted

according to template provided in Annex 5 herein) of sub-contractors and

sub-contractors of sub-contractors, whose share of service to be assigned to

them is at least 20% of the total contract value. The following information shall

be indicated for each of the sub-contractors:

3.1.8.1. name, joint registration number, address, contact person and his/her

phone, share (%) of the scope of responsibility, description of the part of

contract to be subcontracted, and the financial calculation shall be

added, which indicates the share (%) of subcontracted contract works;

3.1.8.2. statement by each sub-contractor that it is willing to carry out the

part of the subcontracted contract work;

3.1.9. Technical Offer (according to Section 6 of the regulations);

3.1.10. Financial Offer (according to Section 7 of the regulations).

4. Tenderers' exclusion rules 4.1. The commission shall exclude the Tenderer from further participation in the

procurement procedure and shall not review the Tenderer's bid, if it meets the

Tenderer exclusion criteria under Article 39.1(1) Point 1, 2, 3, 4, 5, 6, 7 and 8 of

the Public Procurement Law:

4.1.1. a Tenderer or a person, who is a member of the board of directors or council or

procurator of a Tenderer, or a person having the right to represent the Tenderer in

activities related to a subsidiary, has been found guilty in any of the following

criminal offences by a such punishment prescription of prosecutor or a

judgement of a court that has entered into effect and is non-disputable and not

subject to appeal:

4.1.1.1. establishment, management, or involvement in the activities of a

criminal organisation or part of an organised group thereof, or in any

other illegal formation, or participation in the criminal offences of such

organisation,

9

4.1.1.2. bribetaking, bribery, bribe misappropriation, intermediation in bribery,

taking of prohibited benefit or commercial bribing, requesting, taking

and giving illegal benefit, trading for impact,

4.1.1.3. fraud, misappropriation, or laundering

4.1.1.4. terrorism, financing of terrorism, invitation to terrorism, terrorism

threats or recruiting and training of a person for performance of terror

acts,

4.1.1.5. human trafficking,

4.1.1.6. evading payment of taxes and payments equivalent thereto;

4.1.2. a Tenderer, by such a decision of a competent authority or a judgement of a court

which has entered into effect and has become non-disputable and not subject to

appeal, has been found guilty of an infringement, which means:

4.1.2.1. employment of such one or more persons, who do not hold the

respective work permit or if they reside in the territory of the European

Union Member States illegally,

4.1.2.2. employment of one person without entering into a written employment

contract, not submitting an informative declaration regarding

employees in respect of such person within a time period laid down in

the laws and regulations, which is to be submitted regarding persons

who commence work;

4.1.3. a Tenderer, by such a decision of a competent authority or a judgement of a court

which has entered into effect and has become non-disputable and not subject to

appeal, has been found guilty of infringement of competition rights manifested as

horizontal cartel agreement, except for the case when the relevant authority, upon

determining infringement of competition rights, has released the Tenderer from a

fine or reduced fine within the framework of the co-operation leniency

programme.

4.1.4. Insolvency proceedings have been declared for the Tenderer, the economic

activity of the Tenderer has been suspended, the Tenderer is wound up.

4.1.5. It has been established that on the last day of bid submission the Tenderer or on

the day a decision is made to grant the contract conclusion rights the Tenderer

has tax debts in Latvia and a country where it is registered or permanently

residing, including debts of mandatory State social insurance contributions in

total exceeding 150 Euro in each country. In respect to Tenderers registered or

permanently residing in Latvia, the Contracting Authority shall take into account

the information, which is published on the last date of update on the public tax

debtors' database of State Revenue Service, which is an information system

determined by the Cabinet of Ministers.

4.1.6. Considering Article 23(1) and Article 23(2) of the Public Procurement Law, the

individual, who has drafted the procurement documentation (an official or

employee of the Contracting Authority), a member or expert of the procurement

commission is related to or interested in the selection of a particular Tenderer,

and the Contracting Authority cannot avert the situation by measures restricting

the Tenderer to a smaller degree;

4.1.7. The Tenderer has competitive advantages in the procurement procedure, because it

itself or an affiliated legal entity has been involved in the preparation of the

procurement procedure according to Article 11(4) of the Public Procurement

Law and it cannot be averted with less limiting measures and the Tenderer

cannot prove, that the participation of it or its affiliated legal entity in the

preparation of the procurement procedure does not limit the competition.

10

4.1.8. a Tenderer has provided false information to certify the conformity with the

provisions of Article 391 of the Public Procurement Law or qualification

requirements of Tenderers laid down in accordance with this Law, or has not

provided the requested information at all.

4.2. The Contracting Authority shall not exclude a Tenderer from the participation in a

procurement procedure if:

4.2.1. three years have passed from the day when the judgement of a court, the

punishment prescription of a prosecutor or a decision taken by another competent

authority on infringements referred to in Article 391(1) Clause 1 and Clause 2,

Sub-clause “a” (Clause 4.1.1 and Clause 4.1.2.1 herein) became non-disputable

and not subject to appeal till the day when the application or tender was

submitted;

4.2.2. 12 months have passed from the day when the judgement of a court or a decision

taken by another competent authority on infringements referred to in Article

391(1) Clause 2, sub-clause „b“, and Clause 3 (Clause 4.1.2.2 and Clause 4.1.3

herein) became non-disputable and not subject to appeal till the day when the

application or tender was submitted;

4.3. According to Article 39.1(1) Clause 9 of the Public Procurement Law, the member

of a general partnership, where the Tenderer is a general partnership, shall be

subject to requirements of Article 39.1(1) Clause 1, 2, 3, 4, 5, 6 or 7 of the Public

Procurement Law.

4.4. According to Article 39.1(1) Clause 9 of the Public Procurement Law, the sub-

contractor of the Tenderer, where the value of the subcontracted construction

works or services to be provided is at least 20 per cent of the total contract value,

shall be subject to requirements of Article 39.1(1) Clause 2, 3, 4, 5, 6 or 7 of the

Public Procurement Law.

4.5. According to Article 391(1) Clause 11 of the Public Procurement Law, the person,

on whose capabilities the Tenderer relies to prove its qualification meets the

requirements set in the announcement of the contract or in the procurement

procedure documents, is subject to requirements of Article 391(1) Clause 1, 2, 3,

4, 5, 6 or 7 of the Public Procurement Law.

4.6. The verification regarding the existence of exclusion cases for Tenderers according to

Article 391(1) is carried out for each Tenderer, who according to requirements of the

ToR and the selected bid selection criterion should be awarded the contract.

4.7. In order to verify, whether the Tenderer or a member of a general partnership, if the

Tenderer is a general partnership, or a sub-contractor indicated by the Tenderer, the

subcontracted contract value of which is at least 20 per cent of the total contract

value, or a person indicated by the Tenderer, on whose capabilities the Tenderer

relies to approve its qualification meets the Regulation requirements, shall not be

excluded from the procurement procedure according to Article 391(1) Clause 1, 2, 3,

4, 5 and 7 of the Public Procurement Law, as regards persons registered or

permanently residing in Latvia, the Contracting Authority shall make use of the

information system determined by the Cabinet of Ministers.

4.8. Depending on the results from the information system, the Contracting Authority:

4.8.1. does not exclude the Tenderer from the procurement, if it establishes that

according to the information, which is published on the last date of update on the

public tax debtors' database of State Revenue Service, which is an information

system determined by the Cabinet of Ministers, the Tenderer or the person

according to Article 391(1) Clause 9, 10 and 11, has had no tax debts on the last

11

day of bid submission, including mandatory State social insurance contributions,

exceeding in total 150 Euro.

4.8.2. informs the Tenderer that according to the information, which is published on the

last date of update on the public tax debtors' database of State Revenue Service,

which is an information system determined by the Cabinet of Ministers, the

Tenderer or the person according to Article 391(1) Clause 9, 10 and 11, has had

tax debts on the last day of bid submission or at the day, when the decision on

alleged granting of contract conclusion rights is made, including mandatory State

social insurance contributions, exceeding in total 150 Euro, and the Contracting

Authority sets a deadline of 10 after the day the information was provided or sent

that the Tenderer shall submit a statement that on the last day of bid submission

or at the day, when the decision on alleged granting of contract conclusion rights

is made it had no tax debts, including mandatory State social insurance

contributions, exceeding in total 150 Euro. Where the Tenderer fails to submit

the statement in due time, the Tenderer is excluded from the procurement. In

order to prove that the Tenderer and the person under Article39.1(1) Point 9, 10,

and 11 did not have tax debts, including mandatory State social insurance

contributions, exceeding in total 150 Euro, within the term herein the following

shall be submitted by the respective person or its representative:

4.8.2.1. approved printout from the electronic declaration system of State

Revenue Service or a statement from State Revenue Service that this

person did not have the respective tax debts, including mandatory State

social insurance contributions' debts;

4.8.2.2. before the last day of bid submission or before the day, when a

decision is made on alleged contract conclusion, a copy of a document,

where the State Revenue Service extends the deadline for tax payment

or on tax postponement, or a copy of an agreement with State Revenue

Service on tax payment, or other objective proof of the non-existence

of tax debts.

4.9. Where the Contracting Authority establishes that the sub-contractor, whose

subcontracted service value is at least 20 per cent of the total contract value, or

where the person, on whose capabilities the Tenderer relies to approve that its

qualification meets the requirements as set out in the tender regulations, meets the

exclusion cases as mentioned by Article 391(1) Clause 1, 2, 3, 4, 5, 6 or 7 of the

Public Procurement Law, it shall request that the Tenderer replaces the respective

person. Where the Tenderer within 10 business days after it has been provided or

sent a request fails to submit documents about a new sub-contractor or a person

meeting the requirements as set out in the tender regulations, on whose capabilities

the Tenderer relies to approve that its qualification meets the requirements as set out

in the tender regulations, the Contracting Authority shall exclude it from

participation in the procurement procedure.

4.10. In order to check, whether or not the member of the board of directors or council or

procurator of the Tenderer, who is registered in Latvia, or a person having the right

to represent the Tenderer in activities related to a subsidiary and who is registered or

permanently resides abroad, or a Tenderer, who is registered or resides permanently

abroad, or a person according to Article 391(1) Point 9, 10 and 11, who is registered

or resides permanently abroad, does not meet the exclusion provisions according to

Article 39.1(1) of the Public Procurement Law, the Contracting Authority, except

for cases stipulated by Article 39.1(11) of the Public Procurement Law, shall request

that the Tenderer submits a certificate by the respective competent authority proving

12

that the member of the board of directors or council or procurator of the Tenderer,

who is registered in Latvia, or a person having the right to represent the tenderer in

activities related to a subsidiary and who is registered or permanently resides

abroad, or a Tenderer, or a person according to Article 391(1) Point 9, 10 and 11,

does not meet the cases according to Article 39.1(1) of the Public Procurement Law.

The deadline for the submission of the certificate is set to at least 10 business days

from the day the request was provided or sent. If the Tenderer does not submit the

referred-to statement within the laid down deadline, the Contracting Authority shall

exclude it from participation in the procurement procedure.

4.11. If such documents, by which the Tenderer registered or permanently residing in a

foreign country may certify that the conditions indicated in Article 391(1) of the

Public Procurement Law do not apply to him or her, are not issued or they are not

sufficient to certify that the conditions indicated in Article 391(1) of the Public

Procurement Law do not apply to the Tenderer, the referred-to documents may be

replaced with an oath or, if laws and regulations of the relevant country do not

provide for giving of an oath, with a certification of the Tenderer itself or the person

referred to in Article 391(1) of the Public Procurement Law to the competent

executive authority or judicial authority, a sworn notary or a competent organisation

in the relevant sector in the country of registration (permanent residence) thereof.

4.12. Assessment of proof submitted to ensure credibility according to Article 393 of the

Public Procurement Law:

4.12.1. Where the Tenderer or a member of the general partnership, if the Tenderer

is a general partnership, meets the exclusion case according to Article

391(1) Point 1, 2, 3, 4, 6 or 7 of the Public Procurement Law, the Tenderer

indicates this in the bid and, if it is deemed as the one, which should be

granted contract conclusion rights, it shall together with the bid submit an

explanation and proof of the loss compensation or a concluded agreement

on the loss compensation, cooperation with investigation authorities and

undertaken technical, organisational, or human resource management

measures to prove its reliability and prevent the occurrence of the same or

similar cases in future.

4.12.2. Where the Tenderer fails to submit an explanation and proof, the

Contracting Authority shall exclude the respective Tenderer from the

procurement procedure, since it meets the exclusion case according to

Article 391(1) Point 1, 2, 3, 4, 6 or 7 of the Public Procurement Law.

4.12.3. The Contracting Authority shall assess the measures and their proof by the

Tenderer or a member of the general partnership, where the Tenderer is a

general partnership, considering the severity of the crime or offence and

the particular circumstances. The Contracting Authority is entitled to

request the competent authorities of the respective crime or offence to

provide a statement regarding the adequacy of measures undertaken by the

Tenderer to restore the reliability and to prevent such and similar cases in

future.

4.12.4. Where the Contracting Authority is of the opinion that the measures

undertaken are sufficient to restore the reliability and to prevent such and

similar cases in future, it makes a decision not to exclude the respective

Tenderer from the procurement procedure. If the measures undertaken are

not sufficient, the Contracting Authority makes a decision to exclude the

respective Tenderer from the procurement procedure.

13

4.13. The Contracting Authority shall accept and acknowledge statements and other

documents, which are issued by competent authorities according to the cases

stipulated by the Public Procurement Law, if these are issued not earlier than 1

(one) month before the date of submission.

4.14. Accepting the European Single Procurement Document:

4.14.1. The Contracting Authority shall accept the European Single Procurement

Document as an initial proof for the eligibility of qualification

requirements imposed on the Tenderer by the Tender. Where the Tenderer

opts for submitting the European Single Procurement Document in order to

approve that it meets the qualification requirements imposed on the

Tenderer by the Tender regulations, the Tenderer shall submit such a

document also for each person, on whose capabilities the Tenderer relies to

prove its qualification meets the requirements of the Tender

documentation, and for the sub-contractor, whose value of subcontracted

services is at least 20 per cent of the procurement contract value. Where the

Tenderer is a partnership of suppliers, the Tenderer shall submit an

individual European Single Procurement Document for each of its

members.

4.14.2. The Tenderer is entitled to submit to the Contracting Authority the

European Single Procurement Document, which was submitted within

another procurement procedure, if it approves that the information

contained therein is correct.

4.14.3. The templates of the European Single Procurement Documents are set by

the Commission Implementing Regulation (EU) 2016/7 of 5 January 2016

establishing the standard form for the European Single Procurement

Document, and can be found at: http://www.iub.gov.lv/lv/node/587.

5. Tenderers' qualification requirements

5.1. The Tenderers shall meet the following qualification requirements as to its

compatibility to undertake the professional activity, economic and financial

condition, or technical and professional skills, and shall submit the following

documents:

No. Qualification requirements to Tenderers Documents to be submitted

1. Requirements as the the compatibility

of the Tenderer to undertake

professional activity

14

1.1. For its economic activities, the Tenderer

is registered according to statutory

provisions.

The requirements apply also to the

general partnership and each member of

the general partnership (where the bid is

submitted by a general partnership) or

each member of the partnership of

suppliers (where the bid is submitted by a

partnership of suppliers), and to sub-

contractors and persons, on whose

capabilities the Tenderer relies to meet

the qualification requirements as to the

compatibility of Tenderer to undertake

professional activity, economic and

financial conditions, or technical and

professional skills (if the Tenderer

envisages to employ sub-contractors or

persons, on whose capabilities it relies).

Tenderers registered in the republic

of Latvia – the Contracting

Authority shall acquire information

from public data bases, whether or

not the Tenderer is registered

according to statutory provisions.

A foreign Tenderer shall submit a

document (original or copy) issued

by a respective competent authority

abroad, which proves that the

Tenderer is registered according to

statutory provisions (the Tenderer

holds legal capacity to act).

1.2. The official of the Tenderer, who has

signed the bid documents, holds

signatory (representation) rights.

The requirements apply also to the

general partnership and each member of

the general partnership (where the bid is

submitted by a general partnership) or

each member of the partnership of

suppliers (where the bid is submitted by a

partnership of suppliers), and to persons,

on whose capabilities the Tenderer relies

to meet the qualification requirements as

to the compatibility of Tenderer to

undertake professional activity, economic

and financial conditions, or technical and

professional skills (if the Tenderer

envisages to employ sub-contractors or

persons, on whose capabilities it relies).

Tenderers from the Republic of

Latvia – the Contracting Authority

will check public data bases,

whether the official of a Tenderer,

who has signed the bid documents,

holds signatory (representation)

rights.

Foreign Tenderers shall submit an

original document or a copy thereof

issued by a respective competent

governmental authority proving the

official of the Tenderer, who has

signed the application documents or

who has issued a proxy to sign

application documents, holds

signatory (representation) rights.

Where the bid is signed by a person,

who does not hold signatory

(representation) rights, the Tenderer

shall issue a proxy by a person

holding signatory rights authorising

another person to sign the bid, if it

will be signed by this authorised

person.

2. Requirements as to technical and

professional capacity of the Tenderer

2.1. The Tenderer has a quality management

system in place, which supports the

Copy of EN ISO 9001 certificate,

issued by an appropriately accredited

15

origination, production, storage, handling,

processing, transfer and distribution of

aeronautical data and aeronautical

information and provisions laid down in

Commission Regulation (EU) No.

73/2010 of 26 January 2010 laying down

requirements on the quality of

aeronautical data and aeronautical

information for the single European sky.

organization, or any other proof in

accordance with the requirements

laid down in Annex VII, Part A of

Commission Regulation (EU) No.

73/2010 of 26 January 2010 laying

down requirements on the quality of

aeronautical data and aeronautical

information for the single European

sky, proving that the Tenderer's

quality management system

complies with the requirements laid

down in the Regulation.

2.2. The Tenderer holds a Certificate for

Conventional Flight Procedure Design

(ILS, VOR/DME).

A copy of a certificate issued by an

EU Member State civil aviation

national supervisory authority.

2.3. During the last 3 (three) years (2014,

2015, 2016, and 2017 until the bid

submission day) the Tenderer has

experience in making assessments in at

least 4 (four) airports, of which at least 2

(two) are large airports (more than 100

inbound/ outbound operations per day),

which included complex electromagnetic

impact assessments (where the model

included at least 3 (three) objects).

Contract fee for each assessment was at

least EUR 100,000 (one hundred

thousand) excl. VAT.

Filled-in and signed table of

experience by the Tenderer, which

has been drafted according to the

template provided in Annex 3

herein, and at least 2 (two) positive

recommendation letters from the

contracting authorities of completed

assessments by the Tenderer listed in

the table.

2.4. During the last 3 (three) years (2014,

2015, 2016, and 2017 until the bid

submission day) the Tenderer has

experience in making at least 1 (one)

railway electromagnetic impact

assessment on air navigation NAV and/or

SUR and/or COM systems, where the

contract fee was at least EUR 100,000

(one hundred thousand) excl. VAT.

Filled-in and signed table of

experience by the Tenderer, which

has been drafted according to the

template provided in Annex 3

herein, and at least one positive

recommendation letter from the

contracting authority of completed

assessment by the Tenderer listed in

the table.

2.5. At the moment the procurement contract

is concluded, the Tenderer has or will

hold a respective electromagnetic study

simulation tool according to Regulation

(EC) No 552/2004 of the European

Parliament and of the Council of 10

March 2004 on the interoperability of the

European Air Traffic Management

network.

Statement by the Tenderer, that the

Tenderer holds or at the moment the

procurement contract is concluded

will hold a respective

electromagnetic study simulation

tool according to Regulation (EC)

No 552/2004 of the European

Parliament and of the Council of 10

March 2004 on the interoperability

of the European Air Traffic

Management network.

2.6. For the delivery of the Contract, the Filled-in and signed CV of the

16

Tenderer has 3 (three) experts each

holding a degree in communication

engineering with a focus on CNS/ATM,

and who have the following experience

during the last 3 (three) years (2014, 2015,

2016, and 2017 until the bid submission

day):

2.6.1. one expert is experienced in

carrying out at least 3 (three) assessments

on air navigation NAV systems;

2.6.2. one expert is experienced in

carrying out at least 3 (three) assessments

on air navigation SUR systems;

2.6.3. one expert is experienced in

carrying out at least 3 (three) assessments

on air navigation COM systems;

The function of these experts can be

delivered by one or two experts, if they

have the relevant education and

experience to cover all of the

requirements under Clause 2.6 herein.

Tenderer's experts; the CV template

is provided as Annex 4 herein. The

CV shall be attached copy of the

respective higher education

document.

6. Technical Offer

6.1. The Technical Offer shall be drafted according to the Technical

Specification (Annex 2 herein).

6.2. The Technical Offer is signed by an authorised signatory of the Tenderer or a

person authorised by him.

6.3. The Tenderer shall submit only one alternative of the Technical Offer.

7. Financial Offer

7.1. The Financial Offer shall be drafted according to the Financial Offer template

(Annex 6 herein).

7.2. All prices on the Financial Offer shall be indicated in euro (EUR), excluding

value added tax (hereinafter – VAT).

7.3. The Tenderer shall submit only one alternative of the Financial Offer.

7.4. Besides the Financial Offer, the Tenderer shall submit also printouts from the

electronic declaration system of State Revenue Service regarding the average

hourly rates of the Tenderer and its listed sub-contractors (if applicable) by

the profession groups for the first three quarters of the year over a period of

the last four quarters of the year until bid submission date. In case the

overview from the electronic declaration system of State Revenue Service

regarding the respective period of time demonstrates any discrepancies, to

submit an explanation of the difference between the employees' average

hourly rates by profession groups and the data collated by State Revenue

Service on the employees' average hourly rates by profession groups (this

requirement applies to Tenderers registered in the Republic of Latvia).

8. Bid selection criteria, assessment criteria, and assessment procedure

17

8.1. Bids submitted according to procedures stipulated by the ToR and in time, shall be

assessed in a 4 (four) stage procedure:

8.1.1. Stage 1 – Verification of the bid design

8.1.1.1. Commission checks the compatibility of the bid design with the

requirements under 1.12 herein;

8.1.1.2. Where the commission establishes non-compatibility with any of the

bid design requirements, the commission shall decide on passing the

bid to next bid assessment steps.

8.1.2. Stage 2 – Selection of Tenderers

8.1.2.1. The commission checks, whether the Tenderer complies with

qualification requirements under Section 5 herein.

8.1.2.2. Where the Tenderer fails to submit any document of those listed in

the ToR or required by the commission according to Section 5

herein, or where their content does not comply with the requirements

of the ToR, the commission shall decide on passing the bid to next

bid assessment steps, considering Article 45(1) of the Public

Procurement Law.

8.1.3. Stage 3 – Verification of compatibility of technical and Financial Offer

8.1.3.1. The commission checks the compatibility of the Tenderer's Technical

Offer with the requirements of the ToR, and whether there are no

arithmetical errors in the Financial Offer.

8.1.3.2. Where the commission establishes arithmetical errors, it shall re-

calculate the sums and apply the corrected sums in the next steps of

bid assessment. Any corrections made due to arithmetical errors shall

be notified by the commission to the Tenderer.

8.1.3.3. Where the commission establishes non-compatibility of the

Technical Offer by the Tenderer with the requirements of the ToR,

the commission shall decide on passing the bid to next bid

assessment steps.

8.1.3.4. The commission shall check, whether the offered price is not below a

justifiable minimum threshold.

8.1.3.5. Where the commission establishes that the offer is below a justifiable

minimum threshold, before rejecting it, it shall request in writing a

detailed explanation on the key offer provisions.

8.1.3.6. The commission is obliged to check, whether the offered price is not

below a justifiable minimum threshold, if it establishes that the

average hourly rate of employees of the Tenderer or its listed sub-

contractors for at least one profession groups during the first three

quarters of the year during the last four quarters of the year until bid

submission day is by 80 per cent less (or is below the statutory

minimal hourly rate) of the employee's average hourly rate for the

respective profession group in the country for the respective period

according to data collated by State Revenue Service published on the

website of State Revenue Service. Where the Tenderer is registered

18

as a taxpayer during the last four quarters of the year until bid

submission day, the commission considers the employees' average

hourly rate for the period from the next month following the month

of registration until the bid submission day.

8.1.3.7. To establish the difference between the employees' average hourly

rate for profession groups indicated by the Tenderer and its listed

sub-contractor and data collated by State Revenue Service on the

employees' average hourly rate for profession groups, the

commission will request a statement from the State Revenue Service

to attest the validity of employees' average hourly rate for profession

groups indicated by the Tenderer and its listed sub-contractor

considering the economic activity undertaken by the Tenderer and its

listed sub-contractors.

8.1.4. Stage 4 – selection of bids according to the bid selection criterion and

decision-making about the granting of rights to conclude the contract

8.1.4.1. The bid selection criterion is a bid with the lowest price.

8.1.4.2. A Tenderer, who shall be granted the rights to conclude the

procurement contract, is assigned by the commission, based on the

fact it complies with all requirements of the ToR and has offered the

lowest price.

9. Procurement contract

9.1. Conclusion of the procurement contract.

9.1.1. The Contracting Authority shall conclude a procurement contract with the

successful Tenderer, considering the bid of the successful Tenderer and draft

procurement contract (Annex 7 herein).

9.1.2. Where the Tenderer refuses to conclude the procurement contract with the

Contracting Authority without a substantive reason within 10 (ten) business

days after the expiry of the waiting term under Article 67(4) of the Public

Procurement Law, or where the successful Tenderer withdraws its bid or the

partnership of suppliers do not register their entity as a general partnership

within 15 (fifteen) business days after the expiry of the waiting term under

Article 67(4) of the Public Procurement Law, the commission shall opt for

the Tenderer with the next lowest price offered in the bid. Before deciding

on the procurement contract conclusion with the next valid Tenderer, who

offered the lowest price, the Contracting Authority shall check, whether it

shall not be deemed a single market player together with the initially

preferred Tenderer, who refused to conclude the procurement contract with

the Contracting Authority. If needed, the Contracting Authority will request

a statement and proof from the next preferred Tenderer that it shall not be

deemed a single market player together with the initially preferred Tenderer.

9.1.3. Where the next Tenderer, who has offered the lowest price, shall be deemed

a single market player together with the initially preferred Tenderer, or

where the next Tenderer refuses to conclude the procurement contract, the

Contracting Authority shall decide on termination of the procurement

without preferring any of the bids.

19

9.2. Replacement of sub-contractors and engagement of new sub-contractors in

the procurement contract fulfilment.

9.2.1. After the conclusion of the procurement contract, subject to Article 68 of the

Public Procurement Law, the Tenderer is entitled to replace the sub-

contractor, on whose capabilities the Tenderer relied to prove it meets the

qualification requirements, and staff, which has been engaged in the contract

fulfilment, of whom it provided information to the Contracting Authority

and whose qualification was assessed for compatibility by the latter:

9.2.1.1. The Tenderer selected in the procurement procedure is allowed to replace

the staff and sub-contractors without an approval from the Contracting

Authority, as well as involvement of additional staff and sub-contractors

in the fulfilment of the contract, except for cases stipulated by Article

9.2.1.2 and 9.2.1.4 herein;

9.2.1.2. After entering into the contract, the staff of the Tenderer selected in the

procurement procedure, which has been involved thereby in

implementation of the contract, regarding which it has provided

information to the Contracting Authority and the conformity of the

qualification of which with the requirements brought forward has been

assessed by the Contracting Authority, as well as the sub-contractors on

whose capabilities it has relied to certify that the qualification thereof

conforms to the requirements of the regulations, shall be replaced only

with a written consent of the Contracting Authority subject to Article

9.2.1.3 herein;

9.2.1.3. The Contracting Authority shall not approve of the replacement of an

expert or sub-contractor under Article 9.2.1.2 herein, provided any of the

conditions exists:

9.2.1.3.1. the staff or sub-contractor proposed by the supplier does not meet the

requirements specified in the procurement procedure documents, which

refer to the staff or sub-contractors of the supplier;

9.2.1.3.2. the sub-contractor, on whose abilities the Bidder selected in the

procurement procedure has relied on to certify that the qualification

thereof conforms to the requirements specified in the procurement

procedure documents, is being replaced, and the proposed sub-contractor

does not have at least the same qualification as the one, on which the

Bidder selected in the procurement procedure has relied, to certify that

the qualification thereof conforms to the requirements specified in the

procurement procedure;

9.2.1.3.3. the proposed sub-contractor meets the Tenderers' exclusion provisions

specified by Article 39¹(1) of the Public Procurement Law. By checking

the eligibility of a sub-contractor, the Contracting Authority shall apply

the provisions of Article 39¹(1) of the Public Procurement Law. Terms

specified by Article 39¹(4) of the Public Procurement Law are deemed

started from the day, when the request on the replacement of staff or sub-

contractor is submitted to the Contracting Authority.

9.2.1.4. The Tenderer selected in the procurement procedure may replace the sub-

contractors as specified in Article 20(2) of the Public Procurement Law,

20

which are not subject to provisions of Clause 9.2.1.2 herein, and

involvement of sub-contractors meeting the said criteria at a later stage of

contract fulfilment, if the Bidder selected in the procurement procedure

has notified the Contracting Authority and has received a written consent

from the latter to allow the replacement of a sub-contractor or to allow the

involvement of a sub-contractor. The Contracting Authority approves the

replacement of a sub-contractor or the involvement of a new sub-

contractor in contract fulfilment, if the proposed sub-contractor does not

comply with the Tenderers' exclusion provisions as specified in Article

39¹(1) of the Public Procurement Law, which is verified by the

Contracting Authority considering the provisions of Clause 9.2.1.3.3

herein.

9.2.2. The Contracting Authority makes a decision regarding the approval or

rejection of replacement of the Tenderer's selected in the procurement

procedure staff or sub-contractor or the involvement of new sub-contractor

in contract fulfilment as soon as possible, but not later than within 5 (five)

business days after it has received all information and documents necessary

to make the decision and according to provisions of Clause 9.2 herein.

10. Rights and duties of the commission

10.1. Rights of the commission:

10.1.1. to invite independent experts for an expertise;

10.1.2. to check the relevant information at a competent authority, public

data base or other public sources, if it is necessary for the

verification of the bid compatibility, Tenderers' selection,

assessment and comparison on bids;

10.1.3. to invite the Tenderer to provide clarified information about its bid,

if it is necessary for the verification of the bid design, Tenderers'

selection, verification of the bid compatibility, assessment and

comparison on bids;

10.1.4. to amend the ToR according to statutory provisions;

10.1.5. to invite the partnership, which has been decided upon as the

preferred Tenderer, to merge it considering the required legal

status;

10.1.6. according to statutory provisions, to decide on the procurement

suspension, provided there is an objective justification, or

termination thereof;

10.1.7. during the course of bid assessment, the commission is entitled to

invite the Tenderer to explain information contained within its bid;

10.1.8. to undertake any other measures arising out of the ToR and the

legal framework in relation to the procurement process.

10.2. Duties of the commission:

10.2.1. to organise the tender and register all and any activities in relation

to it in paper;

10.2.2. to ensure free competition of Tenderers, and an equal and fair

treatment of these;

10.2.3. following a request by the Tenderers according to lawful order to

provide information about the ToR;

21

10.2.4. to assess the Tenderers and their bids according to laws and

regulations;

10.2.5. to inform all Tenderers at a time about the decision taken regarding

the granting of contract conclusion rights subject to the procedure

and terms stipulated by Public Procurement Law.

11. Rights and duties of the Tenderer

11.1. Rights of the Tenderer

11.1.1. before expiry of the bid submission deadline, to amend or

withdraw its submitted bid.

11.1.2. to participate in the bid opening meeting.

11.1.3. to submit an application about violation of the procurement

procedure according to Article 83 of the Public Procurement

Law.

11.1.4. other rights of a Tenderer stipulated by Public Procurement Law,

the present regulations and valid Latvian law.

11.2. Duties of the Tenderer

11.2.1. to submit the bids according to requirements of the regulations.

11.2.2. to provide true information.

11.2.3. to provide answers to requests by the procurement commission

regarding extra information relevant for the Tenderers' selection,

verification of the bid compatibility and selectin of bids.

11.2.4. cover all and any costs in relation to preparation and submission of

the bid irrespective of the open tender outcome.

11.2.5. other obligations of a Tenderer stipulated by the Public

Procurement Law, the present ToR and legal requirements of the

Republic of Latvia.

12. Attachments:

12.1. Annex 1 – Application for participation in the tender on 1 (one) page;

12.2. Annex 2 – Technical Specification on 9 (nine) pages;

12.3. Annex 3 – Statement by the Tenderer regarding its experience on 1 (one)

page;

12.4. Annex 4 – CV template for the staff proposed by the Tenderer on 1 (one)

page;

12.5. Annex 5 – List of sub-contractors on 1 (one) page;

12.6. Annex 6 – Financial Offer template on 1 (one) page;

12.7. Annex 7 – draft procurement contract on 8 (eight) pages.

22

Procurement identification No. EDZL 2017/3 CEF

Annex 1

Application for participation in open tender „Provision of study of potential electromagnetic impact on ATM/CNS systems of the

SJSC “Latvijas gaisa satiksme” due to the Rail Baltica railway infrastructure project and

further train operations at Riga International Airport“

Tenderer,

Name

Registration No.

Registered address

Mailing address (if different from

above)

Phone, Fax

Bank details

Authorised person to represent the

Tenderer

with the submission of this bid, the Tenderer:

- approves its participation in the open tender „Provision of study of potential

electromagnetic impact on ATM/CNS systems of the SJSC “Latvijas gaisa satiksme”

due to the Rail Baltica railway infrastructure project and further train operations at

Riga International Airport“ (identification No. EDZL 2017/3 CEF);

- undertakes to observe the requirements of the open tender ToR and accepts the

provisions of the ToR;

- approves the acceptance of the draft contract provisions attached to the open tender ToR,

and in case of the contract award is ready to conclude the contract with the Contracting

Authority according to the draft contract wording;

- approves that relevant resources needed to carry out the Services under the Technical

Specification and according to requirements of the ToR are at its disposal;

- guarantees that all information contained within the bid is authentic.

_____ ___________ 2017

_____________________________________________________________________ (person, who is entitled to represent the Tenderer, or a person authorised by him (attach original or

an approved copy of the letter of authorisation), signature, name, surname)

23

Procurement identification No. EDZL 2017/3 CEF

Annex 2

PUBLIC TENDER

“PROVISION OF STUDY OF POTENTIAL ELECTROMAGNETIC IMPACT ON ATM/CNS SYSTEMS OF THE SJSC “LATVIJAS GAISA SATIKSME” DUE TO THE RAIL BALTICA RAILWAY

INFRASTRUCTURE PROJECT AND FURTHER TRAIN OPERATIONS, AT RIGA INTERNATIONAL AIRPORT”

TECHNICAL SPECIFICATION (REQUIREMENTS AND SPECIFICATIONS)

Study Objective

With the present tender, “Eiropas dzelzceļa līnijas Ltd” would like to invite an

independent consultant to perform the aeronautical assessment of the potential impact that

the railway infrastructure project by Rail Baltica and further train operations, can cause on

the radio signal performance of the CNS systems at Riga International Airport (Riga

airport) and to propose mitigation measures.

Besides the equipment performance with respect to safe Air Navigation Service provision,

the technical assessment shall also analyse the potential radio interference due to the

«wide noise» generated by the current collectors of the train, which can affect the ANSP

systems.

Should the railway construction and train operation projects degrade the ANSP systems

coverage and signal integrity to unsatisfactory operational levels, the present assessment

shall also recommend mitigation measures to adopt so as the operational equipment

requirements can be achieved.

In case any impact on the equipment under analysis were identified, the Tenderer shall be

capable of proposing mitigation measures which may be adopted at railway design level,

equipment level or at instrument flight procedures level.

The overall assessment shall be conducted based on latest editions at the Proposal

submission day of internationally recognized guidelines and regulations (eg. ICAO

Convention Annex 10 and EUR Doc 015, EUROCAE, RTCA).

TECHNICAL REQUIREMENTS

REQ1 - The objective of the aeronautical assessment is the performance analysis of the

following ANSP equipment:

i. Multilateration Airport System

24

ii. Primary and Secondary Radar Systems (PSR/SSR)

iii. 2 ILS Localizers (ILS 36 LOC and ILS 18 LOC)

iv. DVOR

v. Two DME(ILS) and DME(DVOR)

operating at Riga airport, against the railway infrastructure construction project

and train operations by Rail Baltic.

REQ2 - Assessment of Railway infrastructure construction influence shall be performed

according to Appendix 1 (between points A and B).

REQ3 - Tenderer should arrange Site Survey before Proposal submission.

REQ4 - The Electro Magnetic (EM) study shall simulate the radio signal interference,

caused by the «wide noise» generated by the current collectors of the train, to

the operation of above equipment and including ANSP and Riga airport

communication systems.

REQ5 - The overall EM study shall be conducted based on latest editions of

internationally recognized references and guidance materials (eg. ICAO Annex

10and EUR Doc 015, EUROCAE, RTCA).

REQ6 - The EM analyses of ANSP equipment shall be performed by taking into account

the specific operational parameters, such as used radio frequencies, Tx power

levels, antenna pattern, operational volume (coverage) approach and departure

procedures to/from the Riga airport.

REQ7 - The EM study shall create and use one baseline geo-referenced 3D simulation

numerical model composed of terrain and man-made obstacles (existing and

planned ones) of the site under study and the approach/departure procedures

to/from the Riga airport. Real electromagnetic characteristics for both terrain

and man-made site obstacles shall be used. Modelling activity shall be executed

with CAD tools precision.

REQ8 - The EM analyses of ANSP equipment shall be performed by taking into account

the AIP published geographic positions and available topographical surveys

data.

25

REQ9 - The EM analyses of ANSP equipment shall be performed by taking into account

reflection\diffraction phenomena due to terrain and man-made existing and

planned site obstacles.

REQ10 - The EM analyses of ANSP equipment specified above shall use state-of-the-art

numerical methods for the computation of the electromagnetic fields.

The Tenderer shall be capable of providing the computation of the

electromagnetic fields by means of the following numerical methodologies:

- Geometrical Theory of Diffraction (GTD/UTD)

- Physical Optics (PO/PTD/ITD)

- Method Of Moments (MOM)

- Deygout Method

- Parabolic Equations (PE).

REQ11 - The EM analyses of ANSP equipment shall consider the operational volumes

specific for the equipment.

REQ12 - The Tenderer shall be capable of importing input data made available by

ANSP. In particular, the ATS information shall be imported from AIXM 5.1

source: The Tenderer shall provide the proof of their capability of importing

AIXM 5.1 formatted data according to EU ADQ regulation.

REQ13 - The EM study shall include Optical Visibility analysis for ANSP equipment:

investigation of the Line of Sight (LOS) between specific ANSP sensor/system

and the aircraft/vehicle within Riga CTR and airdrome surface, in presence of

terrain and man-made site obstacles. The presentation of the output results shall

permit the identification of masking (blind) areas due to terrain and man-made

existing and planned site obstacles.

REQ14 - The EM study shall include Radio Coverage analysis for ANSP equipment:

radio signal strength radiated by each ANSP sensor in the operational volume.

The presentation of the output results shall permit an immediate comparison

with ICAO, EUROCAE, Eurocontrol requirements as well as the identification

of areas where the radio signal strength does not achieve the required levels.

REQ15 - Optical Visibility and Radio Coverage output results shall be presented with the

aid of CAD tools visualization.

26

REQ16 - The EM study shall perform the numerical analysis of the ILS LOC DDM and

RF level signals, with particular reference to the nominal operational ILS paths

(course and orbit sectors). The presentation of the output results shall permit an

immediate comparison with the ICAO DDM bends and RF level drops as well

as the identification of out-of-tolerance areas.

REQ17 - The EM study shall perform the numerical analysis of the VOR Bearing Error,

AM and FM modulations depths and RF level with particular reference to the

operational paths of interest (Radial, Orbit, SID, STAR, IAC, and ENR

published operations). The presentation of the output results shall permit an

immediate comparison with the ICAO Bearing Error, AM and FM modulations

depths bends and RF level drops as well as the identification of out-of-tolerance

areas.

REQ18 - The EM study shall perform the numerical analysis of the DMEs Slant Range

Error and RF level with, particular reference to the operational paths of interest

(published Radial, Orbit, SID, STAR, IAC, and ENR operations). The

presentation of the output results shall permit an immediate comparison with the

ICAO Slant Range Error bends and RF level drops as well as the identification

of out-of-tolerance areas

REQ19 - The EM study of the PSR/SSR system shall quantify the following radar error

sources, due to reflection/diffraction electromagnetic wave phenomena from

terrain and main-made existing and planned obstacles:

i. Shadow regions (blind zones)

ii. Off-boresight angle error

iii. Antenna pattern degradation

iv. False echoes

REQ20 - The EM study of the MLTR sensor network at Riga airport shall investigate the

following characteristic parameters

i. Number of sensors in visibility within the MLTR operational volume

ii. Dilution of Precision (DOP)

iii. Position Error estimation

27

iv. Operational volume degradation

v. False echoes

REQ21 - The EM study shall also simulate the ANSP equipment performance in the case

of existing environment that is without considering the railway infrastructure

projects.

REQ22 - The EM study shall compare the ANSP equipment performance obtained

considering the present environment model without the railway infrastructure

project, with corresponding flight inspections and vehicle driving test data, and

assess the suitability of the developed modelling activity.

REQ23 - The EM study shall simulate the ANSP equipment performance by considering

the existing environment and the railway infrastructure projects and train

operations. Specific effects due to the railway infrastructure project and train

operations shall be identified.

REQ24 - The Tenderer shall define the list of required input parameters needed to

conduct the simulation impact assessment. Such a list shall be issued to “Eiropas

dzelzceļa līnijas Ltd” before Proposal submission. It is expected that mentioned

list would be issued within two weeks after receiving required input parameters

from the Tenderer. The end users will estimate the availability of requested input

parameters and inform the Tenderer. The Tenderer shall take into account

available input parameters and be responsible for missing input parameters

collecting.

REQ25 - If the impact due to the railway infrastructure project and train operations

degrades the ANSP equipment performance to unsatisfactory levels, the EM

study shall also recommend specific mitigation measures through which the

operational performance of ANSP equipment meets internationally recognized

operational requirements.

REQ26 - The EM study shall include the simulation assessment of ANSP equipment

performance, after the application of the mitigation measures.

28

REQ27 - The Tenderer shall generate a Preliminary report of the assessment of the

disturbance effects due to the railway infrastructure project and train operations,

on the ANSP equipment performance at Riga Airport. The Preliminary report

shall be delivered ten (10) days before being presented and discussed in Riga for

review by ANSP. The content of the Preliminary report shall include the

following topics:

a. Assessment methodology used to evaluate the disturbance impact due

to the railway infrastructure project and train operations, on the ANSP

equipment performance at Riga Airport.

b. Assumptions and considerations made by the Consultant. Application

criteria of the international recognized references and guidance

materials.

c. Disturbance impact due to the railway infrastructure project and train

operations on the ANSP equipment performance at Riga Airport.

d. Recommended mitigation measures to reduce the disturbance impact

due to the railway infrastructure project and train operations on the

ANSP equipment performance at Riga Airport.

e. Simulation results of the ANSP equipment performance after the

application of the recommended mitigation measures

REQ28 - The Tenderer shall make on site presentation of Preliminary report in Riga.

Representatives from ANSP, Riga Airport and Latvian Civil Aviation Agency

will be invited to take part in the Presentation. Presentation in Riga shall

describe study methodology, mitigation measures, applied references and

guidance materials methodology.

REQ29 - The Tenderer shall generate a final technical report of the aeronautical

assessment of the disturbance effects due to the railway infrastructure project

and train operations on the ANSP equipment performance at Riga Airport. The

report shall be delivered after fifteen (15) days after the review meeting in Riga.

TIMELINE

REQ30 - The Tenderer shall carry out the complete work, including the delivery of the

final report, within ninety (90) days from contract signing.

29

REQ31 - Project execution shall conform to the following timeline:

Contract signing date: T0

Preliminary Report submission: T0 + 50 days

Presentation in Riga: T0 + 60 days

Final Draft Report: T0 + 75 days

Final Report submission T0 + 90 days

30

Appendix 1

1.1. Rail Baltica route at Riga airport will create a double track passenger

line at the Eastern side of the airport and a single track cargo line

diverting off the main line before the airport.

1.2. Within the territory of the airport, Rail Baltica shall be elevated at +1

level on a viaduct with a distance between the viaduct supports of 50 m.

In the proposed solution, the rails will be located approximately 9 m

above the existing ground level. Opposite of the airport terminal, the

railway passenger station building shall be located for service of 200 m

long passenger trains with possibility to expand it in the future for 400

m long trains. The envisaged terminal length for the first development

stage is 220 m, with an option to extend it up to 420 m long to serve

extended trains. Minimum terminal height, considering the location of

tracks and all overhead power lines, is at least 16 m. At the airport

terminal, the cargo track shall be separated off the passenger

infrastructure with a wall structure.

1.3. At the southern side of the airport, after the terminal building, it is

planned to extend 2 tracks into 3, where 2 of them will be for passenger

transport, and 1 track – for cargo transport. The tracks will be placed on

a viaduct after the terminal building for approximately 3 km, after which

they are gradually lowered to ground level.

1.4. Detailed graphic materials can be found here:

GP 32+000-33+000

(35-39) km.pdf

GP 31+000-32+000

(34-39) km.pdf

GP 33+000-34+000

(36-39) km.pdf

31+942_Lidostas_k

onstrukcija.pdf

31

32

Procurement identification No. EDZL 2017/3 CEF

Annex 3

Statement by the Tenderer regarding its experience

For the open tender „Provision of study of potential electromagnetic impact on

ATM/CNS systems of the SJSC “Latvijas gaisa satiksme” due to the Rail Baltica railway

infrastructure project and further train operations at Riga International Airport“

* The Tenderer shall specify the Service description to a sufficient level of detail to prove

it meets the requirements under Section 5 „Tenderers' qualification requirements“ Point

2.3 and 2.4; positive letters of recommendation by the contracting authorities shall be

attached.

___________________________________________________________ (person, who is entitled to represent the Tenderer, or a person authorised by him (attach original or

an approved copy of the letter of authorisation), signature, name, surname)

No. Description of service* Service

provision

period

(from/to)

Service costs

(contract fee,

EUR, excl.

VAT)

Contracting

Authority (its

contact person)

1.

33

Procurement identification No. EDZL 2017/3 CEF

Annex 4

CV template of Tenderer's staff

For the open tender „Provision of study of potential electromagnetic impact on

ATM/CNS systems of the SJSC “Latvijas gaisa satiksme” due to the Rail Baltica railway

infrastructure project and further train operations at Riga International Airport“

1. Surname:

2. Name:

3. Education:

Educational establishment [date from – to] Degree/ diploma.

4. Current employer and position:

5. Main qualification (relevant to the service implementation):

6. Professional experience relevant to the service implementation according to

requirements of Clause 2.6:

Date from – to

(month/ year)

Location Enterprise Position Title of project/assignment/object and

detailed description to certify the

fulfilment of requirements according

to Clause 2.6. herein, the compatibility

of the respective expert (name the

contracting authority, contact person

and contact details shall be indicated)

7. Any other significant information, which describes the qualification and

experience of the expert and is relevant to the service implementation:

8. Statement:

I, the undersigned, approve the present CV contains truthful information about me, my

knowledge, qualification, and experience. I understand that the provision of false

information here may be the reason for non-conformity and rejection of the present bid.

I agree to participate in this open tender for the provision of listed services as an expert

proposed by the Tenderer <title of the Tenderer>. Should the Tenderer be selected as the

preferred bidder, I approve that I can and wish to deliver this work in the expert role

assigned to me, and which is the reason my CV is attached.

_____________________________

[Expert signature]

Date..........................

34

Procurement identification No. EDZL 2016/5 CEF

Annex 5

Sub-contractors and information about persons, on whose capabilities the bidder or

Tenderer relies

„Provision of study of potential electromagnetic impact on ATM/CNS systems of the

SJSC “Latvijas gaisa satiksme” due to the Rail Baltica railway infrastructure project and

further train operations at Riga International Airport“

* The Tenderer lists all sub-contractors, who are engaged on a permanent basis to deliver the works and

the share of whom for the works is at least 20%.

No. Description Sub-contractor/ expert, on whose

capabilities the Tenderer relies

1. Name, registration No. (or name,

surname, personal ID No.)

2. Registered address:

3. Contact person:

4. Phone, e-mail:

5. Status in the offer (sub-contractor or

an entity (expert), on whose

capabilities the Tenderer relies

6. Brief description of the works to be

assigned to the sub-contractor/

partner

7. Share of works to be assigned (%)

______________________________________________________________ (person, who is entitled to represent the Tenderer, or a person authorised by him (attach original or

an approved copy of the letter of authorisation), signature, name, surname)

35

Procurement identification No. EDZL 2016/5 CEF

Annex 6

Financial Offer

For the open tender „Provision of study of potential electromagnetic impact on

ATM/CNS systems of the SJSC “Latvijas gaisa satiksme” due to the Rail Baltica railway

infrastructure project and further train operations at Riga International Airport“

1. Herewith we approve the information contained within the bid is true and

correct.

2. The Financial Offer covers all costs related to the Service implementation during

the whole Contract duration, along with all and any costs for administration,

preparation and coordination of documents, and transport costs in relation to Service

implementation.

3. We offer to provide the Service according to the Technical Specification (Annex 2)

for the total bid price:

Offered price EUR (excl. VAT)

VAT

Offered price EUR (incl. VAT)

______________________________________________________________ (person, who is entitled to represent the Tenderer, or a person authorised by him (attach original or

an approved copy of the letter of authorisation), signature, name, surname)

36

Procurement identification No. EDZL 2016/5 CEF

Annex 7

CONTRACT No. ________________

of

Riga ____ _____________ 2017

SIA „Eiropas dzelzceļa līnijas”, joint registration No.40103836758, registered address at

3 Gogoļa Street, Riga, LV-1050 (hereinafter – Contracting Authority), represented by its member

of the board Dins Merirands acting according to company bylaws, on one hand, and

___________, joint registration No. ___________________, registered address ________

(hereinafter – Contractor), represented by its _______________ acting according to

__________________, on the other hand,

both the Contracting Authority and the Contractor jointly referred to as Parties, and each

separately – Party, based on the _____ results, conclude the following contract (hereinafter –

Contract):

1. SUBJECT OF THE AGREEMENT

The Contractor undertakes to carry out the study of potential electromagnetic impact on

ATM/CNS systems of the SJSC „Latvijas gaisa satiksme“ due to the Rail Baltica railway

infrastructure and train traffic at Riga International Airport (hereinafter – Service) according to the

contractual and appendix provisions and the valid Latvian law.

2. SERVICE DEADLINE, INTERIM DEADLINES, AND PROCEDURES ON THE

PERFORMANCE AND THE DELIVERY AND ACCEPTANCE THEREOF

2.1. The Service shall be delivered within 90 (ninety) days from the date of effectiveness hereof.

The final delivery-acceptance protocol signed by both Parties shall be deemed the proof of

the fulfilment of the Service.

2.2. The Service is delivered according to the following procedures in line with the Terms of

Reference, Annex 1:

2.2.1. No later than within 10 (ten) days after the Contract comes into effect the

Contracting Authority shall send to the authorised contact of the Contractor the

documents according to Annex 4, List of Documents, and documents at the

disposal of Contracting Authority.

2.2.2. The Contractor shall draft and send electronically to the authorised contact at the

Contracting Authority the Preliminary Report no later than 50 (fifty) days after

the Contract has come into effect.

2.2.3. After the Preliminary Report has been sent or submitted to the Contracting

Authority, no later than within 60 (sixty) days after the Contract has come into

effect arrive in Riga to present the Preliminary Report to the Contracting

Authority.

2.2.4. After the Preliminary Report has been presented to Contracting Authority, no later

than within 75 (seventy-five) days after the Contract has come into effect the

Contractor drafts and sends electronically to the authorised contact by Contracting

Authority the Final Draft Report for approval.

2.2.5. The authorised contact of Contracting Authority reviews and sends electronically

to the authorised contact of Contractor information on relevant amendments

and/or clarifications in the Final Draft Report within 1 (one) week after the receipt

of the Final Draft Report.

2.2.6. Based on information provided by Contracting Authority on relevant amendments

and/or clarifications in the Final Draft Report, the Contractor shall within 90

37

(ninety) days after the Contract has come into effect draft and send by mail with a

cover letter or submit to the Contracting Authority in person the Final Report in

paper and on an electronic data carrier.

2.2.7. After the fulfilment of the Service, together with the Final Report the Contractor

shall submit to Contracting Authority a signed Delivery-acceptance protocol of

the Final Report.

2.2.8. The Contracting Authority shall review the signed Delivery-acceptance protocol

of the Final Report within 10 (ten) business days, and either signs it or provides

written objections on the Service or the Delivery-acceptance protocol of the Final

Report. Where the Contracting Authority has provided written objections to the

Contractor regarding the Service or the Delivery-acceptance protocol of the Final

Report, the Contractor shall remedy the deficiencies in the Service and/or

introduce changes to the Delivery-acceptance protocol of the Final Report, and

shall submit to the Contracting Authority the amended Delivery-acceptance

protocol of the Service.

2.3. The Contracting Authority is entitled to extend the deadline for a section of the Service,

provided the fulfilment of contractual liabilities is delayed due to activities by the

Contracting Authority.

2.4. In cases as stipulated by Clause 2.3, the Contract deadline is extended by a period equal to

the period the case as per Clause 2.3 hereof delays the Service fulfilment.

3. CONTRACT FEE AND PAYMENTS

3.1. The contract fee for the complete delivery of the Service of due quality amounts to

__________ EUR (_________ euro and ____ cents) excluding value added tax (hereinafter

– VAT) (hereinafter – Contract fee).

3.2. The Contracting Authority pays the VAT on top of the Contract fee according to statutory

provisions.

3.3. The Contract fee covers full payment for the complete fulfilment of Services under the

present Contract, including, but not limited to all and any costs related to complete

fulfilment of the Service, including the costs for works and labour, machines, tools and

transport, taxes (excl. VAT), insurance costs, costs related to drafting all relevant

documents, receipt of all relevant approvals and permits, including works, products,

materials, equipment and devices not listed under the Contract, but are needed to properly

fulfil the Service of due quality and in time.

3.4. The Contract fee will not be increased during the whole Contract duration due to increase of

labour costs, amendments to valid Latvian law, inflation or currency fluctuations, and any

other circumstances, which might affect the Contract fee.

3.5. The Contractor is entitled to 20% (twenty percent) advance payment of the Contract fee,

which is paid within 15 (fifteen) business days after the below-listed documents have been

submitted and the preconditions by the Contractor have been fulfilled:

3.5.1. The Contractor has submitted an advance payment bank guarantee according to

Clause 7.9 requirements and template of Annex 3 hereof for the amount of

advance payment required by the Contracting Authority;

3.5.2. The Contractor has submitted to the Contracting Authority an invoice on the

advance payment.

3.6. The Contract fee according to Clause 3.1 herein is paid by the Contracting Authority to the

Contractor within 30 (thirty) days after the Service delivery, mutual signing of the

Delivery-acceptance protocol of the Final Report, and submission of properly drawn up

(according to contractual provisions) invoice to the Contracting Authority.

3.7. The Contracting Authority deducts 20% (twenty percent) of the Contract fee (excl. VAT),

before payment to the Contractor, thus paying of the advance payment to the Contractor (if

such has been granted);

3.8. The payment is deemed made on the day the Contracting Authority has made the transfer to

the bank account indicated by the Contractor on its invoice.

38

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. Obligations of the Contractor:

4.1.1. provide Services of due quality under the contractual provisions, provisions

contained within its annexes, and statutory provisions;

4.1.2. in Service provision, to meet the deadlines and interim deadlines stipulated by the

Contract.

4.2. Rights of the Contractor:

4.2.1. to receive from the Contracting Authority the documents according to Annex 4,

List of Documents, and documents at the disposal of Contracting Authority.

4.2.2. according to contractual provisions, to receive remuneration of properly provided

Service of due quality under the Contract.

4.3. Obligations of the Contracting Authority: 4.3.1. To submit to the Contractor the documents according to Annex 4, List of Documents,

and documents at the disposal of Contracting Authority.

4.3.2. To accept from the Contractor duly delivered Services of due quality under the

Contract, and to pay for completed Services according to contractual provisions.

4.4. Rights of the Contracting Authority:

4.4.1. to control fulfilment of contractual provisions;

4.4.2. may issue instructions to the Contractor at any time, which may be relevant for the

Service fulfilment and remedy of deficiencies under the present Contract.

4.4.3. for the whole duration of the Contract, to set requirements and instructions for the

fulfilment of the Service.

5. COPYRIGHT

5.1. With this Contract, the Contracting Authority is transferred free of any charge the copyright

of the Contractor as the author to the existing and future economic rights according to

Article 15 of the Copyright Law to the objects subject to copyright created under the

present Contract. The Contracting Authority is entitled to alienate these rights from other

entities.

5.2. The Contractor guarantees that according to Article 14(1) it will not make use of the

author's individual rights to a decision whether and when the work will be disclosed

(Article 14(1) No.2), revocation of a work (Article 14(1) No.3), inviolability of a work

(Article 14(1) No.5) and legal action (Article 14(1) No.6).

5.3. The Contracting Authority is entitled to specify a greater level of detail, to change, to alter,

to amend and to extend the objects or parts thereof created as a result of the Contract

fulfilment, to use these for creating new works, and to adapt them for own needs, and these

actions are in no way subject to a certain consent from the Contractor.

5.4. The Contractor ensures receipt of all permits and rights from all other persons involved in

the creation of objects subject to copyright, which are needed to transfer the objects subject

to copyright and created under this Contract to the Contracting Authority.

5.5. During the creation of objects subject to copyright under this Contract, the Contractor is

obliged to prevent infringement of moral and economic rights of other copyright subjects,

and the use of illegally acquired copyright objects. The Contractor bears full liability for

breach of copyright by third parties.

5.6. The Parties agree that the payment by Contracting Authority to the Contractor under the

present Contract includes also the royalty, and the Contractor is not entitled to any other

royalty/ fee.

6. AUTHORISED CONTACT BY PARTIES

6.1. The authorised contact by Contracting Authority for Contract fulfilment issues, is Mr/

Mrs_______________________________________, phone _____________, e-mail:

39

_________________. The authorised contact of the Contracting Authority, without going

beyond the scope of Contract, is entitled to settle all on-going operational issues related

to Contract fulfilment, to organise and control the course of Contract fulfilment,

including, but not limited to communication between the Parties, to request information

form Contractor, to provide information to Contractor, to ensure delivery/ acceptance,

signing of relevant documents of the Contract (Delivery-acceptance protocols of Service,

etc.), to ensure acceptance of delivered Services, to issue instructions regarding the

Contract and Service execution, and to undertake other actions related to proper

fulfilment of contractual obligations. This person is not authorised to undertake

amendments or additions to the Contract, including changes to the Contract fee and/or

Service delivery deadlines.

6.2. The authorised contact by Contractor for Contract fulfilment issues, is Mr/

Mrs_______________________________________, phone _____________, e-mail:

_____________________. The authorised contact of the Contractor, without going

beyond the scope of Contract, is entitled to settle all on-going operational issues related

to Contract fulfilment, to organise and control the course of Contract fulfilment,

including, but not limited to communication between the Parties, to request information

form Contracting Authority, to provide information to Contracting Authority, to ensure

delivery/ acceptance, signing of relevant documents of the Contract (Delivery-acceptance

protocols of Service, etc.), to ensure acceptance of delivered Services, to issue

instructions regarding the Contract and Service execution, and to undertake other actions

related to proper fulfilment of contractual obligations. This person is not authorised to

undertake amendments or additions to the Contract, including changes to the Contract fee

and/or Service delivery deadlines.

7. LIABILITY OF PARTIES AND BANK GUARANTEE

7.1. Parties bear full material responsibility for damage and losses incurred to to illegal action

of either Party during the Service execution to the other Party or third parties.

7.2. The Contractor bears material responsibility for damage and losses incurred to the

Contracting Authority or third parties by the Contractor's sub-contractor.

7.3. Where the Contractor exceeds the Service deadline under Clause 2.1 herein, the

Contracting Authority is entitled to request and the Contractor is obliged to pay a penalty

fee of 0.1 % (zero point one percent) of the Contract fee for each day in delay, but no more

than 10% (ten percent) of the Contract fee.

7.4. Where the Contractor exceeds any of the interim deadlines for Service execution under

Clause 2.2.2, 2.2.3, or 2.2.4 herein, the Contracting Authority is entitled to request and the

Contractor is obliged to pay a penalty fee of 0.05% (zero point zero five percent) of the

Contract fee for each day in delay, but no more than 10% (ten percent) of the Contract fee.

7.5. Where the Contracting Authority falls behind with the contractual payments and the

Contractor has met its contractual obligations, the Contractor is entitled to request and the

Contracting Authority is obliged to pay a penalty fee of 0.1 % (zero point one percent) of

the outstanding payment for each day in delay, but no more than 10% (ten percent) of the

outstanding payment.

7.6. The Contracting Authority is entitled to deduct the penalty fee and losses from any

payment pertaining to the Contractor under this Contract before it is paid to the Contractor.

7.7. The Contracting Authority is not liable for Contractor's liabilities, which it has entered

into with third parties regarding the Contract execution.

7.8. The payment of the penalty fee does not constitute a waiver from the further execution of

the Contract or compensation for losses.

7.9. Where the Contractor wishes the advance payment, prior to getting it the Contractor shall

submit a first demand, non-conditional, irrevocable advance payment guarantee issued by a

bank registered in a member state of the European Union, European Economic Area or

World Trade Organisation. The advance payment bank guarantee sum shall be at least equal

to the advance payment amount. The advance payment bank guarantee shall be valid for the

40

whole duration of Service execution plus another 30 (thirty) days after the expiry of the

deadline according to Clause 2.1 herein. Where the Service execution term exceeds the

term indicated on the advance payment bank guarantee, the Contractor shall undertake

relevant measures to extend the advance payment bank guarantee term and submit a

document to Contracting Authority, which is a proof of the extension of the advance

payment bank guarantee term no later than 10 (ten) business days before the expiry of the

initial advance payment bank guarantee deadline. The content of the bank guarantee shall

comply with the template contained in Annex 3 herein.

7.10. Before submitting the advance payment bank guarantee to Contracting Authority, the

Contractor shall communicate it with the Contracting Authority, and its content shall

comply with the template contained in Annex 3 herein.

7.11. After meeting the contractual liabilities, the Contracting Authority returns the advance

payment bank guarantee with its validity expired.

8. CONTRACT TERMINATION

8.1. The Parties may terminate the Contract subject to a written agreement, or an unilateral

termination in cases stipulated herein.

8.2. The Contracting Authority is entitled to unilateral Contract termination subject to a prior

notification to Contractor at least 10 (ten) days in advance and waiving from any

compensations to the Contractor due to losses or costs incurred to the latter, if at least one

of the following cases has occurred:

8.2.1. The Service performance does not comply with valid statutory provisions and/or

contractual provisions and/or provisions of Contract annexes;

8.2.2. The Contractor falls behind the Service deadlines under 2.1 herein for at least 15

(fifteen) days;

8.2.3. According to statutory procedures, the Contractor is declared insolvent, a decision

has been taken to dissolve it, or its economic actions have been suspended.

8.3. The Contractor is entitled to unilateral Contract termination subject to a prior notification

to Contractor at least 10 (ten) days in advance, where according to statutory procedures a

decision has been taken to dissolve the Contracting Authority, or its economic actions have

been suspended.

9. FORCE MAJEURE

9.1. The Party is exempt from any liability for non-performance of the Contract in full or

partially, if the non-performance is due to force majeure conditions after the Contract has

come into effect, which were beyond the control of the Party to prevent or predict these,

such as nature disasters, floods, fire, earth quake, and other acts of God, as well as war and

warfare, strikes, regulatory enactments and instructions adopted by Latvian governmental

and municipal authorities, and other circumstances, which are beyond the control of the

Parties (hereinafter – Force Majeure).

9.2. The Party subject to Force Majeure conditions shall notify the other Party in writing of

the occurrence of Force Majeure conditions within a reasonable time, and where possible to

attach to the notification a statement, which is issued by a competent authority and which

contains the characterisation and approval of Force Majeure conditions.

9.3. Where due to Force Majeure conditions the contractual liabilities are not met for more

than 3 (three) months, each Party is entitled to Contract termination subject to a written

notification to the other Party at least 10 (ten) days in advance. In such case, the Parties

cannot claim for compensation of losses due to Contract termination.

9.4. Neither of the Parties shall be held liable for losses due to Force majeure conditions,

where the relevant Party has notified the other Party according to Clause 9.2 herein.

10. ENGAGEMENT AND REPLACEMENT OF SUB-CONTRACTORS AND EXPERTS

41

10.1. The Contractor ensures that the experts listed on the List of Experts (Annex 5) are

involved for Service provision, and the sub-contractors listed on the List of Sub-contractors

(Annex 6) are involved for Contract execution.

10.2. The Contractor is entitled to replace the sub-contractors, upon the capabilities of which

the Contractor relied in the procurement procedure to meet the tender requirements, and the

experts listed in the Contract subject to prior notification to the Contracting Authority and a

written consent by the Contracting Authority, considering the following conditions (the

Contract is not subject to amendments in such case):

10.2.1. the sub-contractor or expert proposed meets the requirements specified in the

notice regarding the contract and the procurement procedure documents, which

refer to the sub-contractors or expert;

10.2.2. the sub-contractor proposed for Contract fulfilment is replaced, upon the

capabilities of which the Contractor relied in the procurement procedure to meet

the tender requirements, and the replaced sub-contractor is at least of the same

qualification, the Contractor relied on, when the latter approved it is compatible

with the requirements of the procurement procedure;

10.2.3. the proposed sub-contractor does not comply with the tenderers' exclusion

provisions specified by Article 39¹(1) of the Public Procurement Law.

10.3. The Contractor is entitled to replace its sub-contractors for Contract fulfilment, if their

share of services provided equals or exceeds 20% (twenty percent) of the total Agreement

value, and to engage new sub-contractors, if their share of services provided equals or

exceeds 20% (twenty percent) of the total Agreement value, subject to a prior notification

to Contracting Authority and receipt of a written consent by the latter, provided the

proposed sub-contractor does not comply with the tenderers' exclusion provisions specified

by Article 39¹(1) of the Public Procurement Law (the Contract is not subject to

amendments in such case).

10.4. The Contracting Authority is entitled to request in writing the Contractor to replace its

experts, where the Contracting Authority is not satisfied with the productivity, working

quality or other circumstances in relation to the Contractor's staff.

10.5. The Contracting Authority makes a decision regarding the approval or rejection of

replacement of the Contractor's selected sub-contractor or expert, or the involvement of

new sub-contractor in Contract fulfilment as soon as possible, but not later than within 5

(five) business days after it has received all information and documents necessary to make

the decision.

11. DISPUTES

All and any disputes in relation to the Contract shall be settled by amicable negotiations. Where

the dispute cannot be settled by negotiations, any disputes, disagreements, or claims arising out of

the Contract shall be settled by a court of the Republic of Latvia according to Latvian law.

12. CONFIDENTIALITY

12.1. The Contractor undertakes to observe confidentiality, including to protect, not to

disseminate and without the prior written consent form the Contracting Authority no to

disclose to third parties the content, either in full or partially, of documents related to the

Contract or its fulfilment, and any technical, commercial and any other information about

the operations of Contracting Authority, which has been made available to the Contractor

during the course of the Contract execution.

12.2. Confidentiality restrictions do no apply to public and well-known information, and to

information which under the contractual provisions shall be disclosed to third parties, or

which under the laws and regulations is deemed as generally available information.

12.3. The confidentiality provisions do not apply, where information is requested by

governmental or municipal authorities according to statutory provisions.

42

12.4. Parties agree that the breach of confidentiality provisions is a breach of the Contract,

which entitles the Contracting Authority to invite the Contractor compensate for any losses

the former has incurred due to breach of confidentiality provisions.

12.5. The provisions contained within this section shall continue beyond expiry of the present

Contract.

13. MISCELLANEOUS

13.1. The Contract shall come into effect after it has been signed by both Parties and shall be

valid until complete fulfilment of contractual liabilities.

13.2. Any amendments to contractual provisions are subject to mutual agreement. The

amendments shall be made in writing and shall come into effect after both Parties have

signed these.

13.3. The Parties shall immediately notify each other of the change of their location,

representatives, bank details and other significant changes, which might affect the proper

fulfilment of the Contract. Parties bear full liability for failing to meet this obligation in due

time.

13.4. Where any of the contractual provisions shall become invalid due to law amendments,

this Contract shall not become ineffective as regards all its other provisions, and in such

case the Parties are obliged to adapt the Contract to the valid laws and regulations.

13.5. Where any of the provisions of the Contract annexes come in conflict with the

contractual provisions, the Parties shall apply the provisions of the Contract annex insofar

as these are not limited by the contractual provisions.

13.6. The Contract is drafted on ____ pages in two copies, in Latvian, each Party holding one

copy; both copies are of equal legal efficiency.

13.7. At the time of signing, the Contract covers the following annexes:

13.7.1. Annex 1 – Terms of reference on ___ (____) pages;

13.7.2. Annex 2 – Financial offer on ___ (____) pages;

13.7.3. Annex 3 – Advance payment bank guarantee template on ___ (____) pages;

13.7.4. Annex 4 – List of documents on ___ (____) pages;

13.7.5. Annex 5 – List of experts on ___ (____) pages;

13.7.6. Annex 6 – List of sub-contractors on ___ (____) pages.

14. DETAILS OF PARTIES

SIA “Eiropas dzelzceļa līnijas”

Reg. No. 40103836785

Registered address: 3 Gogoļa Street, Rīga, LV-

1050

Actual address: 12 Maskavas Street, Rīga, LV-

1050

Bank: Nordea banka

SWIFT: NDEALV2X.

IBAN: LV13NDEA0000084691697

_____________________

Member of the board Dins Merirands

_______________

Reg. No. ____________

Registered address _____________

Bank: ________________

SWIFT:

IBAN:

____________________________

43

Annex 3

of Contract No.________

of___ _____________ 2017

Template

ADVANCE PAYMENT GUARANTEE

(place) ________, (date) ____ _______ 20__

Herewith we, ________________ (joint registration number: _______________;

registered address: _______________) (hereinafter – Bank), are informed of the fact that on

________ _________(date) a contract has been concluded between our customer –

_______________ (joint registration number: _______________; registered address:

_______________) (hereinafter – Contractor) – and you – SIA “Eiropas dzelzceļa līnijas”(joint

registration number: 40103836758; registered address: 3 Gogoļa Street, Riga, LV - 1050)

(hereinafter – Contracting Authority) – has been concluded: contract No. _______________ On

__________________(hereinafter – Contract).

According to contractual provisions, in order to ensure the meeting of

Contractor's liabilities in relation to repayment of the advance payment to Contracting

Authority in cases stipulated by the Contract, the Contractor shall submit to the

Contracting Authority an advance payment bank guarantee.

Considering the above-mentioned, herewith the Bank undertakes to irrevocably

pay at first demand by the Contracting Authority any sum it requests, which does not

exceed EUR _______________ (_______________), provided that, subject to the provisions

of this guarantee, the Bank has received a respective document signed by the Contracting

Authority, which is a request to the Bank to make a payment based on this guarantee and

which contains a statement by the Contracting Authority that the Contractor has failed to

meet its contractual liabilities with a reference to the exact liabilities the latter has failed

to meet (hereinafter – Request). The Contracting Authority is entitled to submit the Request to the Bank at the moment,

when the Contracting Authority has made an advance payment by transfer to the Contractor's

current bank account No. _________________.

The Request shall be submitted in paper or electronically. Electronic submission shall be

made in the form of an authenticated notification through SWIFT.

The guarantee is valid till ______ _____ (date). (hereinafter – Final date). The Bank shall

receive the Request not later than on the Final date at the Bank (address: _______________), or –

in case the Request is submitted electronically, – _______________ (SWIFT of the Bank). This guarantee is subject to the International Chamber of Commerce Uniform Rules for

Demand Guarantees (ICC Publication No. 758), and cases not covered therein – to the law of the

Republic of Latvia. All and any disputes in relation to the present guarantee shall be settled by a

court of the Republic of Latvia.

[position of the signatory] [hand-written signature] [name and surname of the

signatory]