State Centre for Defence Military Sites and Procurement

APPROVED during the Procurement committee’s meeting of

3 rd October 2016Meeting Notes No.: VAMOIC 2016/189-01

REGULATIONS OF OPEN PROCEDURE„Airborne laser scanning of the territory of the Republic of Latvia”

(Identification No.: VAMOIC 2016/189)

Riga, 2016

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GENERAL INFORMATION1. Type of procurement procedure and applicable method:

1.1. The Open tender is organized complying with the requirements of the Law on Public Procurement of the Republic of Latvia and other regulations governing public procurements.

1.2. Identification number of the procurement procedure: VAMOIC 2016/189.1.3. Title of the procurement procedure: Airborne laser scanning of the territory of the

Republic of Latvia.1.4. Source of financing for procurement procedure: – state budget (100%).

2. Contracting authority: Latvian Geospatial Information Agency located in 43 Ojara Vaciesa Street, Riga, Latvia, LV-1004.

3. Organizer of tender: State Centre for Defence Military Sites and Procurement (hereinafter – Centre), located at Ernestīnes iela 34, Rīga, LV-1046. Centre’s working hours: working days from 8:30 until 17:00.

4. Contact person: Managerial information on the Procedure is available from: Senior Desk Officer of Goods and Services Contract and Procurement Division of Legal and Procurement Provision Department – Anna Juste, e-mail: anna.juste@vamoic.gov.lv, phone: +371 67300247, fax: +371 67300207.

5. Tender security: not required.6. Advance payment: available up to 20% (twenty percent) of the each year order. The

arrangements for the payment in accordance with the provisions of the Draft contract.7. Tenderer: supplier who has submitted an tender.8. Subject of the procurement and amount:

8.1. The subject of procurement: Airborne laser scanning of the territory of the Republic of Latvia (hereafter – Service) from 2017 till 2018 for update cartographical data base up to 20 475 km2 in compliance with Technical specification (Annex 3).

8.2. CPV code: 79961200-0.8.3. Amount of procurement - airborne laser scanning of the part of the territory of the Republic

of Latvia in compliance with a scheme in the Technical specification. Airborne laser scanning area is divided in two parts (hereafter – Stages of Service):8.3.1. area to be scanning in 2017 – up to 10 325 km2;8.3.2. area to be scanning in 2018 – up to 10 150 km2.

8.4. The territory to be scanned is defined in accordance with the point 12 of the technical specifications on provisional airborne laser scanning territory and the territory corner points coordinates identified in the point 13 in compliance with the contracting authority’s updated airborne laser scanning territory plan submitted when the procurement contract is signed where the territory to be scanned may change without exceeding 30% of the total volume.

8.5. Tenderer may submit only one version of the tender, for the full amount of the subject of the procurement.

9. Tender selection criteria: tender complying with the requirements of the Regulations and the technical specification with the lowest price in Euros, VAT not included.

10. Service location: at the request in the territory of the Republic of Latvia.11. Tender submission place, date and time:

11.1. The deadline for tender submission is: 11:00 am on 10 January, 2017, address: Centre, located at Ernestīnes iela 34, Rīga, LV-1046.

11.2. Documents shall be submitted in person or sent by mail in a closed and sealed envelope to Secretariat of Centre, Ernestīnes iela 34, Rīga, LV-1046, Latvia. If the Tenderer sends the tender by post, it is the Tenderer’s responsibility to ensure a timely receipt of the tender.

11.3. Tenders received after the deadline for submission of tenders are not opened and are sent back to the submitter unopened.

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12. Regulations of the procurement procedure, requests and responses for additional information

12.1. The Regulations are publicly available on section „Iepirkumi” of Ministry of Defence web-site http://www.mod.gov.lv/lv/Papildriki/Iepirkumi/ in sub section „Uzaicinājumi”.

12.2. Procurement Commission and the interested supplier exchange information in writing. Any information provided verbally is not binding within the procedure.

12.3. Questions regarding the Regulations shall be in writing and shall be submitted by post services to Ernestīnes iela 34, Rīga, LV-1046, by fax: +371 67300207 or e-mail: anna.juste@vamoic.gov.lv.

12.4. If the interested supplier has timely requested additional information, Procurement Commission shall provide it within 5 (five) days, but no later than 6 (six) days before the deadline of submission of the tender. The day of the receipt of the questions shall be the day when a mailed letter is registered at the Secretariat of the Centre, but for e-mailed or faxed letters – the date of the receipt shown on the respective technical media. For e-mails and faxes received outside the working hours of the Centre, the date of the receipt shall be the following working day.

12.5. Procurement Commission provides information to the interested supplier that has submitted a request for additional information/asked questions using mail, fax or e-mail depending on the method the request was submitted and simultaneously (same day/within one day) publishes the information on section „Iepirkumi” of Ministry of Defence web-site http://www.mod.gov.lv/lv/Papildriki/Iepirkumi/ in subsection „Uzaicinājumi”.

12.6. If the interested supplier’s requested information has been published on the Ministry of Defence web-site it is considered that the interested supplier has received the additional information. The Contracting authority is not responsible if the interested supplier has failed to acquaint itself with the information that is readily available on the Ministry of Defence web-site.

12.7. With downloading the Regulations the interested supplier undertakes to follow all future changes in the Regulations, as well as Procurement Commission’s answers to the questions submitted by interested suppliers that will be published on section „Iepirkumi” of Ministry of Defence’s web-site: http://www.mod.gov.lv/lv/Papildriki/Iepirkumi/ in subsection „Uzaicinājumi” with the respective Regulations.

IIREQUIREMENTS FOR PREPARATION AND SUBMISSION OF THE TENDER

13. Tenderer shall prepare and submit the tender in accordance with the following requirements:13.1. All documents shall be in Latvian or English; 13.2. Tender documents and its copies shall be submitted in one package ensuring against an

unauthorized access without damaging the package;13.3. Pages shall be numbered;13.4. All documents of the tender must be thread-bound with a strong thread or string. The

place of bounding shall be prepared in compliance with the requirements of the Regulations of the Cabinet of the Ministers No.916 (dated 28 September 2010) “Regulations on Preparation and Formatting of the Documents”. The tender must be prepared in a way that would not allow any substitution of pages without damaging the fastening;

13.5. Documents of the tender must be clearly legible, without corrections and erasures;13.6. Table of contents shall be placed at the beginning of the tender. If the tender is

submitted in several volumes, each volume must have a separate table of contents and the table of contents of the first volume must contain the number of volumes and number of pages in each volume;

13.7. Documents shall be arranged in the following order: 13.7.1. Procedure application – Financial tender (Annex 1);13.7.2. Qualification documents;

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13.7.3. Technical tender (Annex 4).13.7.4. References (printouts) from the State Revenue Service’s electronic declaration system

on the average hourly tariff rates in profession groups for the staff of the tenderer and the staff of the sub-contractors identified in the tender. (Foreign tenderers do not have to submit the documents mentioned in this article).

13.8. If the tender or parts of if contain trade secrets, the tender pages containing such information shall be marked with “Trade Secret”, except the cases outlined in the Law on Public Procurement;

13.9. The Tenderer shall submit tender in one original and two copies. The title page of the original must be marked with a note “ORIGINAL” and title pages of the copies must be marked with a note “COPY”;

13.10. The technical and financial tender shall be submitted electronically as well on an external data carrier (CD or flash memory) in a Microsoft Word or Microsoft Excel data format in one copy.

13.11. Supplements, amendments to the tender or withdrawals of the tender may be submitted in written format until the deadline for submission of the tenders either personally or sent by mail to the Centre’s Secretariat, address: Ernestīnes iela 34, Rīga, with a corresponding note “SUPPLEMENT”, „AMENDMENT” or “WITHDRAWAL”.

14. Withdrawal is irrevocable and it excludes Tenderer’s withdrawn tender from further participation in the Procedure.

15. Tender shall be submitted in a sealed packaging. The place of the sealing shall be marked with the tenderer’s stamp and signature.

16. The package shall be marked with:

Procurement Commision of the State Centre for Defence Objects and Military Sites

Ernestīnes iela 34, Rīga LV-1046

Name of the TendererAddress and phone of the Tenderer

Tender for Open Procedure „Airborne laser scanning of the territory of the Republic of

Latvia”(Identification No.: VAMOIC 2016/189)

Not to be opened before 11:00 am on 10 January 201717. In case of any discrepancy in the materials of the Original and Copies of the tender, the

Original shall prevail.18. Opening of the tenders

18.1. The opening of the Tenders commence after the deadline for submission of the tenders. The tender opening meeting is organized in accordance with the Law on Public Procurement.

18.2. Due to the access control system, the interested suppliers shall notify of their participation in the tender opening meeting in a timely manner by contacting the point of contact provided in the Regulations.

IIITENDERER’S QUALIFICATION REQUIREMENTS, REQUIRED DOCUMENTS,

VERIFICATION AND EXCLUSION19. Qualification requirements:

19.1. Tenderer shall be registered as required by the law and in accordance with the procedures prescribed by law;

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19.2. A tenderer, within 3 (three) years prior to submission of the tender, must have experience of airborne laser scanning, where airborne laser scanning has been carried out on average not less than 10 000 km² per year. The experience must be attested by filling in the form annexed to the Regulations for the Competition (Annex No. 2.1.). If a tenderer is an association of suppliers, at least one of the participants of the association must have the relevant experience. The experience must be attested by the particular participant of the suppliers’ association filling in the form annexed to the Regulations for the Competition (Annex No. 2.1.).

19.3. For the performing of the Service the tenderer shall attract a specialist/-s with experience in airborne laser scanning works, including:19.3.1. at least one specialist with experience within last 3 (three) years till the moment

of the submission of the tender of the processing of airborne laser scanning data at least to such a stage of data processing that has been intended for ensuring the performance of the Service;

19.3.2. at least one specialist (operator of airborne laser scanning works) with experience in performing the work of airborne laser scanning or aerial photography data acquisition operator with the total scope of at least 10 000 km²;

19.3.3. at least one specialist (an aircraft pilot) who complies with the following requirements:

1) the aircraft pilot qualification is valid for making flights with the aircraft indicated in the tenderer’s tender (the aircraft to which the permits and documents enclosed with the tender apply);

2) the aircraft pilot has made flights for the purpose of the acquisition of airborne laser scanning or aerial photography data with a total scope of at least 10 000 km².

Tenderer must submit form annexed to the Regulations for the Competition (Annex No 2.2.) to approve the experience of workers involved in the Services.

19.4. The tenderer shall have at his disposal the necessary permits and suitable technical equipment for performing of the Services:

19.4.1. aircraft/s which have all the necessary permits and licences (a certificate of an aircraft operator for carrying out special aviation works (including rights to remote exploration works) by means of the Tenderer’s aircraft identified in its tender - the plane/s to which the certificates and documentation attached to the tender are related), a licence on the right to carry out special aviation works including the right to carry out remote exploration works, aircraft registration certificate, certificate of the aircraft’s suitability for flights, insurance certificate);

19.4.2. a laser scanner that ensures performing of the Service in line with the technical specification and has been calibrated not earlier than 2 (two) years before conducting the airborne laser scanning intended within the framework of the Service.

20. Procedure application and qualification documents20.1. To confirm its participation in the Procedure, the Tenderer shall submit the Application

– financial tender (using Annex 1 form).20.2. The original of the Application must be signed by Tenderer’s representative with the

rights of representation or its authorized person. If the Tenderer is a Supplier association and the rights of representation have not been specified in the association’s agreement, the original of the procedure application must be signed by a representative of each person included in the Supplier association that has the rights of representation.

20.3. The Procurement Commission demands information from the Registry of Enterprises in order to be assured of the tenderer’s representation rights and representation volume.

20.4. If the application is signed by a person other than the person indicated in the statement from the Register of Enterprises, the Tenderer shall submit an authorization (an original or an attested copy prepared in compliance with the requirements of the Regulations of

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the Cabinet of the Ministers No.916 (dated 28 September 2010) “Regulations on Preparation and Formatting of the Documents”; hereafter – copy) from the person with the rights of representation to another person to sign the application.

21. Qualification documents:21.1. To confirm tenderer’s compliance with the qualification requirements, tenderer must

submit:21.1.1. an acknowledgment of the Tenderer’s experience (according to Clause 19.2. of

Regulations) in form of Annex 2;21.1.2. description of the experience of the specialist/s who will be attracted for rendering of

the Services by Tenderer in form of Annex 3, which confirms compliance with the requirements of Clause 19.3. of Regulations and a confirmation for participation in the performing of the Service, as well as copies of the education and qualification documents of the specialist/s (aircraft pilot/s) who will be attracted for performing of the Services by Tenderer, which confirm compliance with the requirements of Clause 19.3. of Regulations;

21.1.3. Information on technical equipment that will be used for the provision of the Service:21.1.3.1. a valid registration certificate (original or a copy) of the aircraft indicated in the

tenderer’s tender; a valid certificate regarding the fitness of the aircraft indicated in the tenderer’s tender for flights (original or a copy); an insurance certificate (original or a copy) for special flights. If the insurance certificate has expired a confirmation by the tenderer shall be submitted in which the time (term) within which the relevant insurance will be arranged in line with the requirements for the Service performance laid down in the Regulations, including the contract.A certificate of an aircraft operator for carrying out special aviation works (including rights to remote exploration works) by means of the Tenderer’s aircraft identified in its tender - the plane/s to which the certificates and documentation attached to the tender are related (an original or a copy), licence for the right to carry out special aviation works including the right to carry out remote exploration works (an original or a copy);

21.1.3.2.a statement (original or a copy) of the calibration of the laser scanner indicated in tenderer’s tender, issued by the manufacturer or a calibration authority, which is either certified or recognised by the manufacturer (a respective confirmation by the manufacturer (original or a copy)), which confirms that the laser scanner indicated in the tenderer’s tender is compliant with the requirements of Clause 19.4.2. of Regulations. If the calibration has been performed before the term indicated in Clause 19.4.2. of Regulations, the tenderer shall submit a statement of previous calibration held and tenderer’s confirmation indicating the time when the laser scanner will be calibrated in line with the requirements set forth for the performance of the Service in the Regulations, including the procurement contract.

21.2. If the Tenderer is a Supplier association, the Tenderer shall submit: 21.2.1. Partnership agreement (an original or an attested copy), signed by the representative with

the rights of representation or respectively authorized person of the members of the Supplier association. The agreement shall specify the main member that will represent the Supplier association and will sign the tender documents on behalf of all members of the Supplier association. The agreement shall specify the persons incorporated in the Supplier association as well as the extent of liability of each person (the amount of work to be performed);

21.2.2. An acknowledgment that in case the group of persons (Supplier association) shall be awarded the contract, the Supplier association at the request of the Contracting authority, before the conclusion of the contract, will register a general partnership in accordance with the laws and regulations of the Republic of Latvia with specific responsibilities of each member. The Contracting authority shall notify of this requirement together with the

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decision on the results of the Procedure.21.2.3. Documents specified in Clause 21. for member of the Supplier association, who will

provide the Service.

21.3. If the Tenderer is a partnership, the Tenderer shall submit:21.3.1. Partnership agreement (an original or an attested copy). The agreement shall specify the

main member that will represent the partnership and will sign the tender documents on behalf of the partnership. The agreement shall specify the persons incorporated in the partnership as well as the extent of liability of each person (the amount of work to be performed).

21.3.2. Documents specified in Clause 21. for member of the partnership, who will provide the Service.

21.4. Subcontractors and documentation requirements:21.4.1. A tenderer may rely on capacities of other persons irrespective of the legal character of

mutual relations in order to testify that its qualification complies with the qualification requirements under the Regulations;

21.4.2. A tenderer may involve sub-contractors for implementation of a contract if it is necessary for performing a particular contract;

21.4.3. Information on the parts and the amount (%) of contract delegated to subcontractor (using Annex 5 form);

21.4.4. Valid documentation concluded with Tenderer and acknowledging the readiness of each subcontractor to perform the delegated parts of the contract (attested copy of cooperation agreement or an original of a letter of consent, signed by the subcontractor’s representative with the rights of representation or its authorized person).

21.4.5. Documents specified in Clause 21. for subcontractor, who will provide the Service.

21.5. If for the execution of the contract the Tenderer relies on the capabilities of other contractors, the Tenderer shall submit acknowledgments or agreements from these contractors with the Tenderer concerning the cooperation in the execution of the contract and/or regarding the transfer of resources to Tenderer. These documents shall be signed by the representative with the rights of representation or its authorized person of the contractor who’s capabilities the Tenderer will rely on in the execution of the contract.

21.5.1. The documents identified in Clause 21 of the Regulations must be submitted for each entrepreneur on the capacities of which the tenderer relies for performance of the contract.

21.6. Foreign Tenderers:21.6.1. Foreign Tenderers shall comply with the requirements of the Clause 19.1. and shall

submit documents that verify the compliance thereof. The document shall be issued by the respective foreign institution, organization or person who in accordance with the laws and regulations of the Tenderer’s country of registration is authorized to issue such documents. If rules and regulations of the Tenderer’s country of registration do not require issue of documents of registration as prescribed by Clause 19.1., the Tenderer shall submit an acknowledgment or explanation thereof.

21.6.2. Foreign tenderers must submit a valid reference issued by a relevant competent authority confirming the persons who have the right of representation and its volume.

22. The Procurement Commission shall make a decision to refuse to review the Tender:22.1. If Application – financial tender is not signed by the person with the rights of

representation.22.2. If the Tenderer (as a contractual party to an agreement or a member or participant of a

contractual party) has failed to execute a procurement agreement with this Contracting authority and thus the Contracting authority has exercised the right of the procurement contract to unilaterally withdraw from the procurement contract, the Procurement Commission shall have the right to exclude the Tenderer from further participation in the Open procedure, as well as not to review the Tenderer’s tender (in accordance with

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the regulations of the Law on Public Procurement, Paragraph 39.2).

23. Assessment of the Tenderer’s qualification23.1. Procurement Commission assesses the Tenderer’s qualification.23.2. Tenderer is eliminated from further participation in the Procedure if the Procurement

Commission establishes the fact that:23.2.1. The Tenderer has failed to provide qualification documents according to Clause 21

and/or the content of qualification documents does not comply with requirements of Clause 19;

23.2.2. Tenderer has failed to submit the required information, has failed to submit the additional information requested by the Procurement Commission within the deadline set by the Procurement Commission, or has provided untruthful information regarding its qualification;

23.2.3. Tenderer does not conform to the requirements of Clause 19.

IVTECHNICAL TENDER

24. Requirements for technical tender:24.1. Service provision rules and deadlines: in accordance with the technical specification

(Annex 3) and contract project (Annex 6);24.2. The elimination of the deficiencies in the Services that have not been provided in

accordance with the terms of the Contract or Technical specification shall be performed in accordance with the requirements of the Technical specification;

24.3. In frames of the Service execution on particular request the possibility shall be granted for representative of the Contracting Authority to be in airplane during works of airborne laser scanning in order to control flight route of airborne laser scanning and instructions of competent institutions regarding execution of works.

25. Documents to be submitted:25.1. The tenderer shall submit a comprehensive description of the tendered service in the form

stipulated in the Annex 4.

26. Technical tender shall contain the following information: 26.1. Service provision rules and deadlines.26.2. An Acknowledgement that:

26.2.1. elimination of deficiencies caused by poor quality service or service which does not comply with the terms of the contract will be carried out based on the drawn-up statement of identified deficiencies and in compliance with the technical specification requirements for quality of airborne laser scanning data and flying conditions, besides, it will be done within the stipulated service performance deadline;

26.2.2. Tenderer has equipment and software, which is necessary for taking and processing of the digital aerial pictures in order to provide compliance with the requirements of the technical specification.

26.2.3. in frames of the Service execution on particular request will be granted the possibility for representative of the Contracting Authority to be in airplane during works of airborne laser scanning in order to control flight route of airborne laser scanning and instructions of competent institutions regarding execution of works.

27. Assessment of the conformity of the Technical tender.27.1. Procurement Commission shall perform the assessment of the conformity of the Technical

tender.27.2. The Tenderer shall be eliminated from further participation in the Procedure and its tender

is not evaluated, if the Procurement Commission establishes the fact that:27.2.1. Tenderer has not submitted the Technical tender documents or the documents or

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the content of the documents do not comply with the requirements of Open tender regulations or technical specifications;

27.2.2. The tender has not been submitted for the full amount of the subject of the procurement and/or two or more tender variants have been submitted.

27.3. The Procurement Commission is entitled to exclude a tenderer from further participation in the procurement procedure if the tenderer has failed to submit to the Procurement Commission updated information requested by the Commission within a stipulated period of time as a result of which the Procurement Commission is not able to assess compatibility of the tender submitted by the tenderer with the requirements of the Regulations and the technical specifications.

VFINANCIAL TENDER

28. Documents to be submitted:28.1. References (printouts)1 from the State Revenue Service’s electronic declaration system

on the average hourly tariff rates in profession groups for the staff of the tenderer and the staff of the sub-contractors identified in the tender. Foreign tenderers do not have to submit the documents mentioned in this article.

28.2. If the average hourly tariff rates for the staff identified by the tenderer or by the sub-contractor in any of the profession groups are less than 80% of the average hourly tariff rates in the country and/or smaller than the state minimum hourly tariff rate and in order for the Procurement Commission to be able to assess if the submitted tender is unreasonably cheap, in accordance with the article 48 (2) (6) of the Law on Public Procurement, the tenderer must submit a detailed explanation about the difference between the tenderer’s and/or its sub-contractor’s employees average hourly tariff rates in profession groups and the State Revenue Service’s aggregate data on employees’ average hourly tariff rates in profession groups.

29. Tenderer shall indicate the following information in the Financial tender:29.1. Tender price in EUR. The tender price shall be determined and indicated with the

accuracy of two (2) digits after the decimal point;29.2. Tender price shall include all costs associated with execution of the procurement subject

and all state and municipality imposed taxes and duties without VAT. 29.3. The Tenderer shall submit detailed price formation mechanism for 1 km2, including all

costs associated with the implementation of the Service – fuel prices, salary of all employees, data processing, profits, and other costs and risks.

30. Evaluation of the Financial tender30.1. The Procurement Commission evaluates the financial tenders.30.2. A tenderer is excluded from further participation in the procurement and its tender is not

further considered if the Commission finds that the financial tender is not submitted and/or the financial tender does not cover the entire amount and/or two or more variants of the financial tender are submitted.

30.3. The Procurement Commission examines the tenders for arithmetical errors. During the evaluation of the Financial tender the Procurement Commission acts according to the Section 56 part three of the Law on Public Procurement.

30.4. The Procurement Commission assesses whether an tender of unjustifiably low cost has not been submitted and acts according to the Section 48 of the Law on Public Procurement. If the Procurement Commission establishes the fact that an tender of unjustifiably low cost has been submitted, the tender is rejected.

1 The procedure for preparation of a reference is published here: www.vid.gov.lv/Electronic declaration system/Auxiliary materials/Informative material “Reference about the employees’ average hourly tariff rates”.

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VIVERIFICATION OF INFORMATION BEFORE MAKING THE DECISION ON

CONTRACT AWARD31. According to Section 391, Paragraph one, Clause third and seven of the Law on Public

Procurement, the Procurement Commission shall verify the information regarding the each Tenderer who would be granted the contract award in order to assess if the Tenderer is not to be excluded from the participation in the procurement procedure.

32. Regulations on exclusion of the Tenderer:32.1. Tenderer will be excluded from further participation in the procurement procedure if

Tenderer or the person who is a member of the Board or member of the Council of the Tenderer, person with rights of representation or rights of decision making or supervision of the Tenderer, or a person who is authorized to represent Tenderer in the operations with branch office has be found guilty by a decision of a court judgement or a public prosecutor’s injunction regarding the punishment that has come into force and has become indisputable within the last 3 (three) years since the day the tenders have been opened of any of the following crimes:

32.1.1.Creating or leading a criminal organisation, participation in a criminal organisation or in an organised group as part of criminal group, or participation in other criminal formation or participation in crimes of such organizations;

32.1.2.bribe taking, bribery, misappropriation of bribes, mediation in bribery, unauthorized acceptance of benefit, commercial corruption, illegal demand, acceptance or giving of benefit, trading with influence;

32.1.3. fraud, embezzlement or money laundering;32.1.4. terrorism, funding of terrorism, call for terrorism, terrorism threats or recruitment

and training of persons for execution of terrorist acts;32.1.5. trafficking in human beings;32.1.6. evasion of taxes and equivalent payments.

32.2. Tenderer will be excluded from further participation in the procurement procedure if Tenderer has been found guilty by a decision of a competent institution or a court judgement, that has come into force and has become  indisputable and unappealable within last 3 (three) years since the day the tenders have been opened, of crimes that constitute as employment of one or more persons if they have not required work permit or reside in the territory of the European Union country illegally.

32.3. Tenderer will be excluded from further participation in the procurement procedure if Tenderer has been found guilty by a decision of a competent institution or a court judgement, that has come into force and has become  indisputable and unappealable within last 12 (twelve) months since the day the tenders have been opened, of employment of an individual without written labour contract by failing to provide informative declarations on the employees who assume employment by the deadline set forth in the tax rules and regulations.

32.4. Tenderer will be excluded from further participation in the procurement procedure if Tenderer has been found guilty by a decision of a competent institution or a court judgement, that has come into force and has become undisputable and unappealable within the last 12 (twelve) months since the day the tenders have been opened, of fraudulent competition in a form of horizontal cartel agreements, except when the respective institution at the moment of identification of the breach of competition rights has released the Tenderer or tenderer from the penalty or has decreased the penalty for cooperation within the framework of the leniency program.

32.5. Tenderer will be excluded from further participation in the procurement procedure if insolvency proceedings have been declared for the Tenderer, the economic activity of the Tenderer has been insolvency process declared, its economic activity has not been suspended or stopped, or it is not being liquidated.

32.6. Tenderer is excluded from further participation in the procurement procedure if the

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Tenderer at the last day of the Tender submission (10.01.2017.) and at the day when decision on possible award of the Contract has been made has no tax liabilities including State social insurance contribution liabilities exceeding 150.00 EUR total in Tenderer’s country of registration. In case Tenderer is taxpayer also in Latvia, Tenderer has to submit a certificate issued by the State Revenue Service of Republic of Latvija stating that Tenderer has no tax liabilities including State social insurance contribution liabilities exceeding 150.00 EUR total in Latvia at any of dates stated before. In relation to tenderers registered and permanently residing in Latvia the Contracting Authority takes into consideration the information which is available in the information system stipulated by the rules of the Cabinet of Ministers – in the State Revenue Service public tax debtors’ database on the date of the last update.

32.7. A tenderer is excluded from further participation in the procurement procedure if the tenderer has advantages in the procurement procedure which limit competition because it or a legal person connected with it has been involved in preparation of the procurement procedure in accordance with the Law on Public Procurement, Article 11 (4), and it cannot be prevented by less limiting measures and the tenderer cannot prove that its or connected legal persons’ participation in the procurement procedure preparation does not limit competition.

32.8. A tenderer is excluded from further participation in the procurement procedure if the tenderer has provided untrue information in order to attest that the Regulations’ Clauses 32.1-32.7 relating to cases of exclusion are not applicable to it or if the requested information is not provided at all.

32.9. A tenderer is excluded from further participation in the procurement procedure if a preparer of the procurement dossier (an official or an employee of the Contracting Authority), a member of the Procurement Commission or an expert is connected with the tenderer in the meaning of articles 23 (1) and (2) of the Law on Public Procurement or is interested in selection of a particular tenderer and the Contracting Authority is not able to prevent the situation with less limiting measures for tenderers;

33. Exclusion regulations mentioned in Clauses 32.1.-32.8. are applicable to all members of a partnership, if the Tenderer is a partnership, as well as all members of a Supplier association, if the Tenderer is a Supplier association.

34. Exclusion regulations mentioned in Clauses 32.2.-32.8. are applicable to Tenderer’s subcontractors who provide Service with a value at least 20% (twenty percent) of the total public procurement service contract value.

35. Exclusion regulations mentioned in Clauses 32.1.-32.8 are applicable to the person who’s capabilities the Tenderer relies on to comply with the qualification requirements of the Procedure regulations.

36. The Procurement Commission obtains the necessary information on tenderers that are registered or permanently residing in Latvia:

36.1. regarding the violations and criminal offences mentioned in the Clauses 32.1 – 32.4 of the Regulations – from the Information Centre of the Ministry of the Interior (the Punishment Register);

36.2. regarding the persons mentioned in the Clauses 33, 34 and 35 of the Regulations (a person who is a board or council member, an authorised representative or a procurator or a person who is authorised to represent the tenderer in activities related to a company branch) and regarding the facts mentioned in the Clause 32.5 of the Regulations – from the Register of Enterprises;

36.3. regarding the facts mentioned in the Clause 32.6 of the Regulations – from the State Revenue Service;

36.4. regarding the facts mentioned in the Clause 32.7 of the Regulations, a tenderer provides an acknowledgement in its application for the open competition (in the form stipulated by the Annex No. 1).

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37. Action in case of tax debts:37.1. If, according to the information inserted by the State Revenue Service in the public tax

debtors’ database on the last date of update, it is stated that a tenderer or a person mentioned in articles 33, 34 and 35 of the Regulations, on the last day of the tender submission deadline (10.01.2017.) or on the day when a decision is made on a possible awarding the right of concluding a general agreement, has tax debts, including debts of the state social insurance contributions in total exceeding 150 euros, the Procurement Commission informs the tenderer thereof and stipulates a deadline – 10 (ten) days after the information issuance or sending, in order to confirm that the tenderer did not have tax debts, including debts of the state social insurance contributions in total exceeding 150 euros on the last day of the tender submission deadline or on the day when a decision was made on a possible awarding the right of concluding a general agreement.

37.2. Confirmation stipulated in Clause 37.1 of the Regulations is the following from the relevant person or its representative:

37.2.1. A certified printout from the State Revenue Service’s electronic declaration system or a reference issued by the State Revenue Service regarding the fact that this person did not have any tax debts, including the debts of the state social insurance contributions;

37.2.2. A copy of a decision of the State Revenue Service on tax payment deadline prolongation or postponement or a copy of an agreement with the State Revenue Service on tax debt payment or other objective evidence of non-existence of a tax debt issued before the last day of the tender submission deadline or before the day when a decision is made on a possible awarding the right of concluding a general agreement.

37.3. If the confirmation under the article 37.1 of the Regulations is not submitted within the stipulated deadline, the tenderer is excluded from further participation in the procurement procedure.

38. Requirements to foreign tenderers (including if a person mentioned in the Clauses 33, 34 and 35 of the Regulations is registered or permanently residing abroad or if a Latvia-based tenderer’s board or council member, an authorised representative or a procurator or a person who is authorised to represent the tenderer in activities related to a company branch and who is registered or permanently residing abroad):

38.1. A tenderer includes in its tender a reference or references from the relevant competent institutions testifying that as regards a Latvia-based tenderer’s board or council member, an authorised representative or a procurator or a person who is authorised to represent the tenderer in activities related to a company branch and who is registered or permanently residing abroad or as regards to a tenderer (registered or permanently residing abroad) and the person mentioned in the Clauses 33, 34 and 35 of the Regulations (if there is any and it is registered or permanently residing abroad) the exclusion provisions stipulated in the Regulations Clauses 32.1 – 32.8 do not apply (regarding the exclusion provision stipulated in the Regulations Clause 32.6, the information must be valid for this date: 10.01.2017.). The submitted references must have been issued not earlier than one month before submission of the tender. If the said references are not submitted by a tenderer, the Procurement Commission demands their submission and stipulates a deadline that is not shorter than 10 (ten) weekdays after issuance or sending of the request. If the relevant tenderer fails to submit the references within the stipulated deadline, it is excluded from participation in the procurement procedure.

38.2. From a foreign tenderer to whom general agreement conclusion rights should be awarded, the Procurement Commission requests to submit a reference issued by the relevant competent institution confirming compliance of the tenderer with the Clause 32.6 of the Regulations on the day when the decision on a possible award of general agreement conclusion rights is made (the date is identified in the request sent by the Commission). The Procurement Commission stipulates a deadline for submission of the references that is not shorter than 10 (ten) weekdays after issuance or sending of the

12

request. If the relevant tenderer fails to submit the references within the stipulated deadline, it is excluded from participation in the procurement procedure.

38.3. If documents that confirm compliance of a tenderer registered or permanently residing abroad with the Regulations’ Clauses 32.1 – 32.6 are not issued in the registration country of the tenderer, they may be replaced by an oath or, if an oath is not provided for in the particular country’s legislation, the documents may be replaced by the tenderer’s (or members of a suppliers’ association, or sub-contractors, or a partnership members or a person on whose capacities the tenderer relies to prove its qualification) acknowledgement to a competent executive power or a judicial power authority, to a sworn notary or to a competent organization of the industry in the country of registration (permanent residence).

39. Decision on the contract award and the conclusion of the contract39.1. The Procurement Commission awards the contract to the Tenderer who has

submitted an tender complying with the terms and conditions of the Regulations of the Procedure at the lowest price in EUR (excluding VAT).

39.2. The Procurement Commission informs Tenderers in writing about the results of the Procedure within 3 (three) working days after the day the decision is made.

39.3. Procurement Contract between the Contracting authority and the winner of the Procedure is concluded according to the Law on Public Procurement not earlier than the next day after the waiting period. Procurement Contract is prepared by the organizer of the Procedure on the basis of the decision of the Procurement Commission about contract award, the Draft Contract (Annex 6) annexed to the Regulations of the Procedure and the tender of the winner of the Procedure.

39.4. The winner of the Open Procedure shall sign the contract within five (5) working days starting from the day when the invitation to sign the contract has been sent by Contracting authority. If the winner of the Procedure fails to sign the contract within the deadline, it shall be noted as a rejection to conclude the procurement contract and the Procurement Commission shall act in accordance with the Law on Public Procurement.

39.5. Upon request of the Procedure organiser the Supplier association who is chosen to conclude the contract with must register a partnership in Register of Enterprises of the Republic of Latvia in accordance with Clause 21.2.2. of the Procedure Regulations and in compliance with the scope of responsibility indicated in the Tender within 10 (ten) working days from the date when the decision on contract award has been published online at Procurement supervision bureau web-page. The Contract with Supplier association is concluded after the Merchant’s registration certificate (a copy) has been submitted to the Contracting authority. If partnership is not registered within ten (10) working days from the date when the decision on contract award has been published online on Procurement supervision bureau’s web-page, it is considered as Tenderer’s (Supplier association’s) rejection to sign the procurement agreement.

VIIRIGHTS AND OBLIGATIONS OF THE PROCUREMENT COMMISION

40. The Procurement Commission acts according to the Law on Public Procurement, Procedure Regulations and the order No.739 issued by Centre on 14 September 2016.

41. Rights of the Procurement Commission:41.1. To request (in writing) to clarify submitted information and to provide detailed

explanations. Such requests may only be issued for the purpose of clarification of information needed to compare and evaluate the tenders, and do not grant any rights to the Tenderer to request to change its tender;

41.2. To verify the reliability of any information submitted by Tenderer;41.3. If the Procurement Commission has doubts about the truthfulness of the information

included in the Tenderer’s tender or authenticity of the document copies, the Procurement

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Commission is authorized to request the Tenderer to verify truthfulness of the information and/or to present an original document or issue an attested copy of a document.

41.4. To involve external experts with consultative rights in the work of Commission;41.5. During the meeting of the tender opening, in the presence of the representatives of the

Tenderers, to bound together the original of the Tenderer’s tender if it has not been bound together. In such case the Procurement Commission shall not be responsible for the content of these documents;

41.6. To request from the Tenderer information on the Price formation mechanism for the offered Goods and/or Services;

41.7. To reject an Tender if it has not been submitted in accordance with the requirements of the Regulations and/or its content does not comply with the requirements of the Regulations and/or the Tenderer has submitted untruthful information for the assessment of its tender or has failed to submit the required information, including has failed to submit the additional information requested by the Procurement Commission within the deadline set by the Procurement Commission;

41.8. To reject Tenderer’s tender if the Tenderer changes or supplements the information included in the tender during any stage of the evaluation process;

41.9. if a tenderer has submitted the European Single Procurement Document (hereinafter referred to as ESPD), the Procurement Commission, at any stage of the procurement, is entitled to request from any tenderer to submit all the documents or parts thereof that confirm compliance of the tenderer with the tender qualification requirements under the procurement procedure documents as well as documents which confirm that exclusion provisions are not applicable to the tenderer;

41.10. To perform other activities in accordance with the Law on Public Procurement, other rules and regulations and these Procedure Regulations.

42. Obligations of the Procurement Commission:42.1. To review the tenders of the Tenderers submitted within the set tender submission

deadline;42.2. To make the decision on the results of the Procedure;42.3. To perform other activities in accordance with the Law on Public Procurement, other

rules and regulations and these Procedure Regulations.

VIIIRIGHTS AND OBLIGATIONS OF THE SUPPLIER / TENDERER

43. Rights of the Supplier/Tenderer:43.1. To request from the Procurement Commission additional information about Procedure

Regulations by submitting a written request in a timely manner;43.2. To request an acknowledgment of the receipt of the tender when submitting the tender;43.3. a tenderer is entitled to submit the ESPD as an initial proof for compliance of the tenderer

with the qualification requirements under the competition regulations as well as a proof that confirms that exclusion provisions are not applicable to the tenderer in accordance with the article 44.1 of the Public Procurement Law. If a tenderer has chosen to submit the ESPD in order to confirm that it complies with the tender qualification requirements under the procurement procedure documents, then it must submit this document also for each person on the capacities of which it relies in order to acknowledge that its qualification meets the requirements of the procurement procedure documents; the same document must be submitted for its sub-contractor if the service value of the sub-contractor is at least 20 per cent of the value of the procurement contract. Associations of suppliers must submit a separate ESPD for each participant. ESPD can be filled in - https://ec.europa.eu/growth/tools-databases/espd or http://iub.gov.lv/lv/node/587;

43.4. a tenderer has the right to submit an ESPD which has been submitted under another procurement procedure if it confirms that the information contained therein is correct;

43.5. To perform other activities in accordance with the Law on Public Procurement, other

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rules and regulations and these Procedure Regulations.43.6. Obligations of the Supplier/Tenderer:43.6.1. At the Procurement Commission’s request within the deadline set by the Procurement

Commission respond and give explanations in writing to the questions and request asked regarding the tender,

43.6.2. Provide truthful information in the tender;43.6.3. At the Procurement Commission’s request within the deadline set by the Procurement

Commission, provide in writing the information on the Price formation mechanism of the Goods and/or Services;

43.6.4. By submitting the tender each Tenderer undertakes to comply with all terms and conditions of the Procedure Regulations as the basis of the execution of the procurement;

43.6.5.To perform other activities in accordance with the Law on Public Procurement, other rules and regulations and these Procedure Regulations.

IXOTHER PROVISIONS

44. Other obligations related to the procurement procedure, if not prescribed by these Regulations, shall be determined in accordance with the valid laws and regulations of the Republic of Latvia.

45. The Open Procedure Regulations have been prepared and approved in Latvian language on 42 (forty two) pages with unofficial translation into English, consisting of the text of the Regulations on 15 (fifteen) pages and 6 (six) annexes on 28 (twenty eight) pages that are an integral part of these Regulations:

Annex 1 – Application – Financial tender (form) on 2 (two) pages;Annex 2 – Technical specification on 5 (five) pages;Annex 3 – Technical tender (form) on 7 (seven) pages;Annex 4 – Acknowledgment on experience on 1 (one) page;Annex 5 – List of subcontractors on 1 (one) page; Annex 6 – Draft Contract on 12 (twelve) pages.

In case of any discrepancy between text of the Regulations in Latvian and English, the approved Regulations in Latvian shall prevail.

Head of the Procurement Commission S.Kondratoviča

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Annex 1Regulations of Open Tender Procedure, identification No. VAMOIC 2016/189

A P P L I C A T I O N - f i n a n c i a l t e n d e r

Remark: the Tenderer of the Open Tender has to fill out the empty spaces of the form.Procedure: “Airborne laser scanning of the territory of the Republic of

Latvia”Identification No. VAMOIC 2016/189Attention: State Centre for Defence Military Sites and Procurement

Ernestines Str. 34,Riga, LV-1046,Latvia

Honorable Commision,1. According to the Regulations of the Open Tender, we _______________________, the

undersigned, confirm that we agree to the terms and conditions of the Open Tender. We offer to provide Service - airborne laser scanning of the territory of the Republic of Latvia in compliance with the terms and conditions of the Regulations of the Open Tender for the following price:

Name of the servicePeriods Scope, km2

Price per 1 km2 EUR without

VAT

Total price EUR without

VATAirborne laser scanning

worksYear 2017 10 325

Year 2018 10 150

Total price of contract for the entire scope EUR without VAT:

Total price of contract (without VAT) in words (EUR).

2. Detailed price formation mechanism for 1 km2 attached to the tender on _______ page.3. We require/do not require (strike out unnecessary) advance payment in the amount of

_____%.

4. If the Tenderer is a Group of suppliers:4.1. persons who form the Group of suppliers (name, registration No., address):

.4.2. extent of liability of each person:

.5. If the Tenderer has attracted subcontractors:5.1. Name, registration number and legal address of subcontractor:

.

5.2. tasks delegated to the subcontractor within the framework of the Contract: .

6. We agree with the terms of the draft Contract attached to the Regulations of the Open Tender.

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7. We require/do not require (strike out unnecessary) advance payment in the amount of _____%.

8. We hereby confirm that we have no advantages that limit competition in the procurement procedure and we as well as the legal person connected with us have not been involved in preparation of the procurement procedure in accordance with the Clause 11 (4) of the Law on Public Procurement.

9. We confirm that all documents annexed comprise to our tender.10. Information on the Tenderer: Tenderer’s name:

Registered at: with a registration No. Legal address: Office address: Contact person: ( name, surname, position)Phone number: Fax: E-mail address: Tax payer registration No: Bank: Code: Account:

Hereby I assume full liability for the documents submitted to the Open Tender, the information included therein, the layout, and compliance with the requirements of the Regulations. The provided information and data are true.

The set of documents of the tender consist of _________ (_____________) pages.

Signature: Name, Surname:

Position:

The application – financial tender has been drawn up and signed (Date, month, year)

Place for stamp

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Annex 2.1.to Regulations of Open TenderID No.VAMOIC 2016/189

ACKNOWLEDGEMENTof experience in airborne laser scanning

1. The tenderer’s name: Registered: With No.

2. We hereby confirm that within last 3 (three) years till the moment of the submission of the tender we have experience in airborne laser scanning and we have provided the following airborne laser scanning services:

Time of service

provision (period (year)

within the service was provided)

Customer of the service (name of the company or

authority, registered office)

Scope of the service (km2)

A short description of the provided service (country

where service provided, the scope and content of the

performed works)

Contact person of the customer of

the service (position, name,

surname, telephone)

Hereby I assume full responsibility for the information included in the Acknowledgment and its conformity to the requirements of the Regulations.

Signature: Name, Surname:

Position:

Acknowledgment has been drawn up and signed

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Annex 2.2.to Regulations of Open TenderID No.VAMOIC 2016/189

Description of the Specialist’s Experience and Confirmation of Participation in the Performance of the Service 2

Specialist who will participate in the performing of the service:1. Name, surname, date of birth:_____________________________________________

2. Qualification _______________________________(indicate according to the qualification documents submitted with the tenderer’s tender)3

3. Description of experience

Time of the service (period

within the service was provided)

Customer of the Service (name,

registered office of the company

or authority)

Coverage of service (km2)

Short description of the provided

service (scope and content of

performed works)

Contact person of the customer of the service

(position, name, surname,

telephone)

Hereby I the undersigned:1. Confirm that the abovementioned accurately reflects my qualification and experience.2. Agree _________________________________________

subject to the tender of <the tenderer’s name> (hereinafter referred to as the Tenderer) as a specialist of <industry> to participate in the provision of the service “Airborne laser scanning of the territory of the Republic of Latvia” in the event the decision is passed to enter into the procurement contract with the Tenderer;

3. certify that in the event the decision is passed to enter into the procurement contract with the Tenderer for the provision of the service “Airborne laser scanning of the territory of the Republic of Latvia” I agree that my personal data are used and submitted to responsible authorities for obtaining the permits necessary to provide the service, approval of the airborne laser scanning works with the responsible authorities and to control the service performance.

Signature:______________

Name, surname: __________________________________

Description has been drawn up and signed on _____ _____________ 201__.

2 The specialist attracted by the tenderer must complete the blank spaces in the present sample.3 Mandatory for the specialist attracted for the performance of the Service as the aircraft specialist.

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Annex 3

to Regulations of Open TenderID No.VAMOIC 2016/189

TECHNICAL SPECIFICATION

Airborne laser scanning of the territory of the Republic of Latvia

Parameter Requirements1. Territory to be scanned

1.1. A part of the territory of the Republic of Latvia up to 20 475 km²: 1) in 2017 – up to 10 325 km²;2) in 2018 – up to 10 150 km².The territory to be scanned is defined in accordance with the point 12 of the technical specifications on provisional airborne laser scanning territory and the territory corner points coordinates identified in the point 13 in compliance with the contracting authority’s updated airborne laser scanning territory plan submitted when the procurement contract is signed where the territory to be scanned may change without exceeding 30% of the total volume.

1.2. The territory to be scanned must be covered by airborne laser scanning data with a buffer zone which is at least 100 m wide.

1.3. The airborne laser scanning must be carried out by dividing the territory to be scanned in blocks considering that in each block the flight routes are 40 km (+/- 2 km) long and the territory of each block must be covered by cross strips of 40 km (+/-2 km).

1.4. Airborne laser scanning data should cover each scanned block with a buffer zone which is at least 100 m wide.

1.5. If possible, the airborne laser scanning strips must be parallel and must provide an uninterrupted coverage of the territory to be scanned at least within the limits of each block.

2. Data to be delivered 2.1. Airborne laser scanning data set which contains the coordinates of reflectance points acquired during the scanning.

2.2. Data of airborne laser scanning must be delivered in *.las format, version 1.2 or in another data format requested by the contracting authority (*.las format, version 1.3).

2.3. Data of airborne laser scanning must be divided in such volumes that allow their delivery on external hard disk drives with a USB connection – hereinafter referred to as HDD.

2.4. Data of airborne laser scanning must be delivered in HDD not later than within 2 (two) months after the date of the airborne laser scanning.

3. Duration of airborne laser scanning works and deadline

3.1. Airborne laser scanning must be carried out from 1 April to 31 May. Scanning at other times must be coordinated separately with the Contracting Authority.

3.2. Service implementation deadline (including deadline for airborne laser scanning works and submission of data and materials of airborne laser scanning to be delivered) up to which data and materials of implemented airborne laser scanning works must be submitted to the Contracting Authority for the carried-out airborne laser scanning pursuant to the Item 3.1 of the technical specifications – until 31 July each year. The

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final deadline for implementation of the airborne laser scanning works is 30 November each year respectively.

4. Scanning parameters 4.1. The scanning angle must not exceed 45° (± 22.5° from the nadir angle).

4.2. Total density of the acquired points not smaller than 4 p./m2.4.3. Performer of the works must take into account the character of

the territory, vegetation and its relief forms when defining the scanning parameters.

4.4. Data coverage of airborne laser scanning between adjacent strips must not be less than 15 %.

5. Scanner parameters 5.1. The scanner must be calibrated not more than 2 (two) years before the airborne laser scanning works. The calibration certificate must be valid during the implementation of the airborne laser scanning works.

5.2. Scanner operation’s systematic errors must not make an impact on the requirements for airborne laser scanning defined in the technical specifications.

5.3. The scanner must provide several reflections at each pulse (not less than 3).

5.4. The scanner must provide recording of intensity values for each pulse reflection.

6. Data coverage 6.1. Lack of data is allowed only in places with constant water basins or surfaces that are not reflective, for instance asphalt and roofs of buildings.

6.2. Airborne laser scanning data must be provided in such quantities that after their classification the average density of the Earth surface characterising points would not be less than 1.5 p./m2  with the exceptions stipulated in Item 6.1.

6.3. The total density of points must meet the requirements of the technical specifications in every plot of 100x100 m taking into account the exceptions in Item 6.1.

6.4. Airborne laser scanning data must provide continuity of ground surface characterising points in places with dense vegetation and rugged country.

7. Atmospheric conditions

7.1. Airborne laser scanning works must be carried out in atmospheric conditions that do not harm accuracy of the acquired data:7.1.1. clouds not lower than altitude of the flight;7.1.2. weather conditions without atmospheric precipitation in

the air and on the ground;7.1.3. good transparency of the atmosphere (no fog).

7.2. During scanning the ground surface must be free from snow and hoarfrost.

8. Vegetation conditions

Airborne laser scanning must be carried out in a period when trees are leafless. Airborne laser scanning during a leafy period must be coordinated separately with the Contracting Authority.

9. Accuracy of the acquired data

9.1. Vertical accuracy of the airborne laser scanning data not less than 12 cm (2 sigmas with 95% confidence level) to the local geodetic network;

9.2. Horizontal accuracy of the airborne laser scanning data not less than 36 cm (2 sigmas with 95% confidence level) to the local geodetic network.

10. Coordinate system The delivered data must conform to:

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10.1. x, y - Transverse Mercator projection coordinates of the Latvian 1992 geodesic coordinate system (LKS-92 TM);

10.2. H - altitudes of the European Vertical Reference System (EVRS).

11. Additional information to be delivered

11.1. Before the start of the airborne laser scanning works, flight plan scheme must be submitted in electronic form in *.dgn or *.dxf, or *.shp, or *.gml format as well as the planned parameters for the airborne laser scanning (flying altitude, flying speed, laser scanning impulse frequency, scanning angle).

11.2. Not later than within 2 (two) months after the date of the airborne laser scanning in addition to the data requested in Item 2 of the technical specifications, these data and materials on airborne laser scanning works implementation must be submitted on external data carriers:11.2.1. data on airborne laser scanning flights trajectories;11.2.2. control protocol of the airborne laser scanning data

which includes a report on accuracy check made within the data control using the control points submitted by the Contracting Authority – not less than in 2 points per 100 km².

11.3. Not later than within 2 (two) months after the date of the airborne laser scanning in addition to the data requested in Item 2 of the technical specifications, metadata information must be submitted in an ESRI Shapefile format:11.3.1. company which has carried out the airborne laser

scanning (name, e-mail address), date of metadata preparation, language of metadata (English);

11.3.2. experts who have been involved in implementation of the airborne laser scanning works (name, surname, e-mail, the kind of works where the expert has been involved);

11.3.3. the scanner and its technical parameters (number, model, manufacturer and technical parameters);

11.3.4. the scanner calibration (performer of calibration, place of calibration and acquired parameters);

11.3.5. aeroplane(s) used for airborne laser scanning (number and type);

11.3.6. navigations system used for airborne laser scanning and its parameters (navigation device, GNSS and IMU device);

11.3.7. time of acquisition of the airborne laser scanning data (date, the start and end time of the airborne laser scanning);

11.3.8. GPS/IMU processing parameters (base stations, GNNS/IMU processing methodology and GNSS data correction method);

11.3.9. scanning parameters (altitude of flying, date, speed, scanning angle, pulse frequency, scanning frequency, the minimum and average point density, air temperature and pressure);

11.3.10. geo-referencing of the airborne laser scanning data (coordinate system and altitude system);

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11.3.11. processing of the airborne laser scanning data (processing method, input parameters and gained accuracy);

11.3.12. control points (measurement method, evaluation of points accuracy and comparison between the control measurements and the airborne laser scanning data);

11.3.13. description of the used software (stage of works, used software, its version);

11.3.14. person in charge who filled in the metadata (company, position, name, surname, e-mail);

11.4. The ESRI Shapefile mentioned in the technical specifications Item 11.3 must be created by taking into account the following provisions:11.4.1. territory scanned on each day is a separate area;11.4.2. in the attributes of the area the metadata information

must be inserted; 11.4.3. in addition, a separate text file explaining the metadata

attributes must be attached.

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12. Provisional plan for airborne laser scanning

LegendPoint – Corner points of airborne laser scanning territoryWhite rectangle – Topographic map at scale 1:50 000 (TKS-93)Red line – National bordersBlue rectangle – LIDAR 2018 – 10 150 square kmViolet rectangle – LIDAR 2017 - 10 325 square km

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13. Provisional corner points coordinates of the airborne laser scanning territory LKS-92 TM

Nr. x y Nr. x y Nr x y1 236350 565000 11 234959 750000 21 374124 7124732 265000 565000 12 226746 750191 22 368856 7140553 265000 595000 13 349946 732245 23 365242 7213454 245000 595000 14 350000 705017 24 363843 7235285 245000 635000 15 355000 705000 25 359982 7273116 285000 635000 16 355000 679017 26 359481 7280567 285000 650000 17 389000 679017 27 355490 7289778 275000 650000 18 378242 650195 28 350014 7315899 275000 695000 19 381269 705716 29 382815 71284810 235000 695000 20 378466 708342

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Annex 4Regulations of Open tender,identification No. VAMOIC 2016/189

TECHNICAL TENDERfor the open procedure „Airborne laser scanning of the territory of the Republic of Latvia” (Identification No.: VAMOIC 2016/189)

Parameter Minimum requirements Tenderer’s tender1. Territory to be scanned

1.1. A part of the territory of the Republic of Latvia up to 20 475 km²: 1) in 2017 – up to 10 325 km²;2) in 2018 – up to 10 150 km².The territory to be scanned is defined in accordance with the point 12 of the technical specifications on provisional airborne laser scanning territory and the territory corner points coordinates identified in the point 13 in compliance with the contracting authority’s updated airborne laser scanning territory plan submitted when the procurement contract is signed where the territory to be scanned may change without exceeding 30% of the total volume.

1.2. The territory to be scanned must be covered by airborne laser scanning data with a buffer zone which is at least 100 m wide.

1.3. The airborne laser scanning must be carried out by dividing the territory to be scanned in blocks considering that in each block the flight routes are 40 km (+/- 2 km) long and the territory of each block must be covered by cross strips of 40 km (+/-2 km).

1.4. Airborne laser scanning data should cover each scanned block with a buffer zone which is at least 100 m wide.

1.5. If possible, the airborne laser scanning strips must be parallel and must provide an uninterrupted coverage of the territory to be scanned at least within the limits of each block.

2. Data to be delivered 2.1. Airborne laser scanning data set which contains the coordinates of reflectance points acquired during the scanning.

2.2. Data of airborne laser scanning must be delivered in *.las format, version 1.2 or in another data format requested by the contracting authority (*.las format, version 1.3).

2.3. Data of airborne laser scanning must be divided in such volumes that allow their

26

delivery on external hard disk drives with a USB connection – hereinafter referred to as HDD.

2.4. Data of airborne laser scanning must be delivered in HDD not later than within 2 (two) months after the date of the airborne laser scanning.

3. Duration of airborne laser scanning works and deadline

3.1. Airborne laser scanning must be carried out from 1 April to 31 May. Scanning at other times must be coordinated separately with the Contracting Authority.

3.2. Service implementation deadline (including deadline for airborne laser scanning works and submission of data and materials of airborne laser scanning to be delivered) up to which data and materials of implemented airborne laser scanning works must be submitted to the Contracting Authority for the carried-out airborne laser scanning pursuant to the Item 3.1 of the technical specifications – until 31 July each year. The final deadline for implementation of the airborne laser scanning works is 30 November each year respectively.

4. Scanning parameters 4.1. The scanning angle must not exceed 45° (± 22.5° from the nadir angle).4.2. Total density of the acquired points not smaller than 4 p./m2.4.3. Performer of the works must take into account the character of the territory,

vegetation and its relief forms when defining the scanning parameters.4.4. Data coverage of airborne laser scanning between adjacent strips must not be

less than 15 %.5. Scanner parameters 5.1. The scanner must be calibrated not more than 2 (two) years before the airborne

laser scanning works. The calibration certificate must be valid during the implementation of the airborne laser scanning works.

5.2. Scanner operation’s systematic errors must not make an impact on the requirements for airborne laser scanning defined in the technical specifications.

5.3. The scanner must provide several reflections at each pulse (not less than 3).5.4. The scanner must provide recording of intensity values for each pulse

reflection.6. Data coverage 6.1. Lack of data is allowed only in places with constant water basins or surfaces

that are not reflective, for instance asphalt and roofs of buildings.6.2. Airborne laser scanning data must be provided in such quantities that after their

classification the average density of the Earth surface characterising points would not be less than 1.5 p./m2  with the exceptions stipulated in Item 6.1.

27

6.3. The total density of points must meet the requirements of the technical specifications in every plot of 100x100 m taking into account the exceptions in Item 6.1.

6.4. Airborne laser scanning data must provide continuity of ground surface characterising points in places with dense vegetation and rugged country.

7. Atmospheric conditions

7.1. Airborne laser scanning works must be carried out in atmospheric conditions that do not harm accuracy of the acquired data:7.1.1. clouds not lower than altitude of the flight;7.1.2. weather conditions without atmospheric precipitation in the air and on

the ground;7.1.3. good transparency of the atmosphere (no fog).

7.2. During scanning the ground surface must be free from snow and hoarfrost.8. Vegetation conditions

Airborne laser scanning must be carried out in a period when trees are leafless. Airborne laser scanning during a leafy period must be coordinated separately with the Contracting Authority.

9. Accuracy of the acquired data

9.1. Vertical accuracy of the airborne laser scanning data not less than 12 cm (2 sigmas with 95% confidence level) to the local geodetic network;

9.2. Horizontal accuracy of the airborne laser scanning data not less than 36 cm (2 sigmas with 95% confidence level) to the local geodetic network.

10. Coordinate system The delivered data must conform to:10.1. x, y - Transverse Mercator projection coordinates of the Latvian 1992 geodesic

coordinate system (LKS-92 TM);10.2. H - altitudes of the European Vertical Reference System (EVRS).

11. Additional information to be delivered

11.1. Before the start of the airborne laser scanning works, flight plan scheme must be submitted in electronic form in *.dgn or *.dxf, or *.shp, or *.gml format as well as the planned parameters for the airborne laser scanning (flying altitude, flying speed, laser scanning impulse frequency, scanning angle).

11.2. Not later than within 2 (two) months after the date of the airborne laser scanning in addition to the data requested in Item 2 of the technical specifications, these data and materials on airborne laser scanning works implementation must be submitted on external data carriers:11.2.1. data on airborne laser scanning flights trajectories;

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11.2.2. control protocol of the airborne laser scanning data which includes a report on accuracy check made within the data control using the control points submitted by the Contracting Authority – not less than in 2 points per 100 km².

11.3. Not later than within 2 (two) months after the date of the airborne laser scanning in addition to the data requested in Item 2 of the technical specifications, metadata information must be submitted in an ESRI Shapefile format:11.3.1. company which has carried out the airborne laser scanning (name, e-

mail address), date of metadata preparation, language of metadata (English);

11.3.2. experts who have been involved in implementation of the airborne laser scanning works (name, surname, e-mail, the kind of works where the expert has been involved);

11.3.3. the scanner and its technical parameters (number, model, manufacturer and technical parameters);

11.3.4. the scanner calibration (performer of calibration, place of calibration and acquired parameters);

11.3.5. aeroplane(s) used for airborne laser scanning (number and type);11.3.6. navigations system used for airborne laser scanning and its parameters

(navigation device, GNSS and IMU device);11.3.7. time of acquisition of the airborne laser scanning data (date, the start

and end time of the airborne laser scanning);11.3.8. GPS/IMU processing parameters (base stations, GNNS/IMU processing

methodology and GNSS data correction method);11.3.9. scanning parameters (altitude of flying, date, speed, scanning angle,

pulse frequency, scanning frequency, the minimum and average point density, air temperature and pressure);

11.3.10. geo-referencing of the airborne laser scanning data (coordinate system and altitude system);

11.3.11. processing of the airborne laser scanning data (processing method, input parameters and gained accuracy);

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11.3.12. control points (measurement method, evaluation of points accuracy and comparison between the control measurements and the airborne laser scanning data);

11.3.13. description of the used software (stage of works, used software, its version);

11.3.14. person in charge who filled in the metadata (company, position, name, surname, e-mail);

11.4. The ESRI Shapefile mentioned in the technical specifications Item 11.3 must be created by taking into account the following provisions:11.4.1. territory scanned on each day is a separate area;11.4.2. in the attributes of the area the metadata information must be inserted; 11.4.3. in addition, a separate text file explaining the metadata attributes must

be attached.

1. We certify, that the elimination of the deficiencies of the Services that was provided in low quality or not confirm with the terms of the Contract will be performed within the deadline for the Service execution and in accordance with the requirements of the Technical specification regarding the quality of airborne laser scanning data and flying conditions according to the Act of Deficiencies of non-conformity of the Service.

2. We certify, that we have equipment and software, which is necessary for taking and processing of the digital aerial pictures in order to provide compliance with the requirements of the technical specification.

3. We certify, that in frames of the Service execution on particular request will be granted the possibility for representative of the Contracting Authority to be in airplane during works of airborne laser scanning in order to control flight route of airborne laser scanning and instructions of competent institutions regarding execution of works.

Hereby I assume full liability for the document package submitted as part of the Technical tender, the information included thereof, the layout, and its compliance with the requirements of the Regulation. The provided information and data is true.

Signature: _________________________________Name, surname: _________________________________Position: __________________________________

Technical tender prepared and signed on ____________(date)

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Annex 5Regulations of Open tender, identification No. VAMOIC 2016/189

List of the subcontractors

____________________ (Name of Tenderer, reg.No.) For performance of the commitments under the Open Procedure „Airborne laser scanning of the territory of the Republic of Latvia” (ID Nr. VAMOIC 2016/189) I have attracted subcontractors.

A list of the subcontractors for the execution of the contract:

No. Specify all proposed subcontractors

To indicate in per cent (%) the value of the service to be

provided by a subcontractor out of the

total value of the procurement contract

Description of the transferred part of the

service contract

1. Name and reg.No.

2. Name and reg.No.

3. Name and reg.No.

4.

5.

Information and data is true.

Signature:

Name, surname:

Position:

List has been drawn up and signed

(Date, month, year)

* If the Tenderer does not attract subcontractors for the execution of the contract, then you do not need to fill in this Annex

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Annex 6Regulations of Open tender, identification No. VAMOIC 2016/189

DraftProcurement Contract No. ________________

On Airborne Laser Scanning of the Territory of the Republic of Latvia(identification No. VAMOIC 2016/189)

Riga 201_____________________

Latvian Geospatial Information Agency, represented by _______________ acting in accordance with the Regulations No.384 of 9 July 2013 of the Cabinet of Ministers of the Republic of Latvia “Latvian Geospatial Information Agency´s statutes”, hereinafter – the Contracting Authority, as one contractual party, and _________________, represented by _______________________ acting on the basis of statutes, hereinafter – the Contractor, as the other contracting party,

hereinafter the Contracting Authority and the Contractor, both together and each individually, called – the Parties, on the basis of the results provided in Protocol of ______, ____No. VAMOIC 2016/189-___ of the Open Tender ‘Airborne Laser Scanning of the Territory of the Republic of Latvia’ with the identification No. VAMOIC 2016/189 (hereinafter – the Open Tender) conclude the following contract (hereinafter – the Contract):

1. THE SUBJECT OF THE CONTRACT1.1. The Contracting Authority orders and pays for and the Contractor performs airborne laser scanning of a part of the territory of the Republic of Latvia (hereinafter – the Service) as stipulated herein, in accordance with the technical specification provided in the Appendix of this Contract. 1.2. The Service shall consist of:

1.2.1. Airborne laser scanning of the territory of the Republic of Latvia constituting the area of up to 20,475 km² (twenty thousand four hundred seventy five square kilometres) (up to 10,325 km² - in 2017; up to 10,150 km² - in 2018) in accordance with the technical specification provided in the Appendix of this Contract and the territorial layout for airborne laser scanning updated and submitted by the Contractor (Clause 4.1.2 herein);

1.2.2. Preparation and delivery of airborne laser scanning-related data and materials (Clause 4.3.6 herein).

1.3. The description, price and execution of the Service have been determined on the basis of the Contractor’s procurement proposal.

2. PRICING OF THE SERVICE AND THE CONTRACTUAL PRICE

2.1. The price of the Service per 1 (one) km² (square kilometre) exclusive of value added tax (VAT) is _____________ EUR (________________) plus the value added tax (VAT) at the rate stipulated by law (if applicable). 2.2. The contractual price is up to ______________ EUR (________________________) exclusive of value added tax (VAT) plus the value added tax (VAT) at the rate stipulated by law (if applicable).

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2.3. The contractual price includes expenses related to the execution of the Service, inter alia, the Contractor's employees' remuneration, materials, mechanisms and instruments used for a complete and high-quality execution of the Service, transportation expenses, data carriers used for delivery of the data related to the execution of airborne laser scanning works, materials, reporting documents, as well as all taxes, charges and permits from third parties applicable to the execution of the Service and any other payments related to the execution thereof.

3. PAYMENT PROCEDURE3.1. The Contracting Authority shall pay to the Contractor for a high-quality Service provided in accordance to the provisions of this Contract, inter alia, the Appendix thereof, as follows:

3.1.1. Shall pay an advance in the amount of 20% (twenty per cent) of the total amount payable for the Service volume specified for 2017 (in accordance with Clause 1.2.1 of the Contract and having regard of Clause 4.1.2 thereof), which equals ______________ EUR (_____________________) exclusive of the value added tax (VAT) plus the value added tax (VAT) at the rate stipulated by law (if applicable) within 10 (ten) business days following the coming into effect of this Contract and the day of the receipt of the Contractor’s invoice;

3.1.2. Shall pay for the Service effectively provided in 2017 in accordance with the provisions of the Contract, inter alia, the Appendix thereof, within 10 (ten) business days after the signing of the certificate of delivery and acceptance regarding the Service volume provided in 2017 (Clause 5.1 and 5.2 of the Contract) and the day of the receipt of the Contractor’s invoice by the Contracting Authority (Notice of Receipt). Upon the payment for the execution of the Service, the due amount shall be reduced by the amount of the advance, specified in Clause 3.1.1 of the Contract, which has already been paid to the Contractor;

3.1.3. Shall pay an advance in the amount of 20% (twenty per cent) of the total amount payable for the Service volume specified for 2018 (in accordance with Clause 1.2.1 of the Contract and having regard of Clause 4.1.2 thereof), which equals _______________ EUR (_______________________) exclusive of the value added tax (VAT) plus the value added tax (VAT) at the rate stipulated by law (if applicable) by 31 March 2018;

3.1.4. Shall pay for the Service effectively provided in 2018 in accordance with the provisions of the Contract, inter alia, the Appendix thereof, within 10 (ten) business days after the signing of the certificate of delivery and acceptance regarding the Service volume provided in 2018 (Clause 5.1 and 5.2 of the Contract) and the day of the receipt of the Contractor’s invoice by the Contracting Authority (Notice of Receipt). Upon the payment for the execution of the Service, the due amount shall be reduced by the amount of the advance, specified in Clause 3.1.3 of the Contract, which has already been paid to the Contractor.

3.2. The Contractor shall submit any invoices to the Contracting Authority in order to settle all payments specified in Clause 3.1 of the Contract as follows:

3.2.1. For the settlement of the payment specified in Clause 3.1.1 thereof – within 5 (five) business days pursuant to the coming into effect of the Contract;

3.2.2. For the settlement of the payment specified in Clause 3.1.2 thereof – within 5 (five) business days pursuant to a mutual signing of the certificate of delivery and acceptance regarding the Service volume executed in 2017;

3.2.3. For the settlement of the payment specified in Clause 3.1.3 thereof – by 15 March 2018;

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3.2.4. For the settlement of the payment specified in Clause 3.1.4 thereof – within 5 (five) business days pursuant to a mutual signing of the certificate of delivery and acceptance regarding the Service volume executed in 2018.

3.3. The Contractor shall submit invoices to the Contracting Authority in writing by post (a registered letter) or electronically via email: info@lgia.gov.lv. By concluding this Contract, the Parties agree that the Contractor’s invoices, which have been prepared and delivered electronically, shall be binding to the Parties without a safe electronic signature if they have been sent from the Contractor’s email address____________________ to the Contracting Authority’s email address info@lgia.gov.lv.3.4. The day of settlement shall be the day when the Contracting Authority has transferred the amount to the Contractor’s bank account specified in the invoice (payment order). 3.5. The value added tax (VAT) shall be paid in accordance with the payment procedure and rate specified in the applicable laws and regulations of the Republic of Latvia.

4. PARTIES’ RIGHTS AND OBLIGATIONS4.1. The Contracting Authority is obliged to:

4.1.1. Cooperate with the Contractor providing, at his request, the required generally-available information related to the execution of the Service and shall be at the Contracting Authority’s disposal;

4.1.2. Submit electronically to the Contractor, by sending to the Contractor's contact's email specified in the Contract, the updated territorial layout for airborne laser scanning (which does not exceed the prospective territory of airborne laser scanning specified in the Appendix of the Contract, but may vary in terms of its volume by not more than 30% of the prospective airborne laser scanning territory specified in the Appendix thereof in each year of the Contract execution) with the corner point coordinates LKS-92 TM of the territory subject to scanning within the following periods: 4.1.2.1. Not later than within 2 (two) business days following the coming into

effect of the Contract – with regard to the territory subject to scanning in 2017 and 2018;

4.1.2.2. By 1 February 2018 – with regard to the territory subject to scanning in 2018 if any updates are required.

4.1.3. Not later than within 5 (five) business days following the submission, in accordance with the procedure specified in Clause 4.3.5 of the Contract, agree upon the works to be completed as part of the respective Service, inter alia, the flight route plan submitted by the Contractor, providing, if necessary, instructions about any corrections required in the flight route plan submitted by the Contractor;

4.1.4. Prior to the submission of airborne laser scanning data with regard to the territory subject to scanning in the respective calendar year, submit to the Contractor the list of support points and the coordinates thereof for the purpose of airborne laser scanning data control by sending them to the Contractor’s contact’s email specified in the Contract (the Contracting Authority may submit the list of support points and the coordinates thereof for airborne laser scanning data control in parts, agreeing with the Contractor which territories such information disclosure shall refer to);

4.1.5. Accept the Service within the term and in accordance with the procedure specified in the Contract if it has been executed with due diligence and in compliance with the Contracting Authority’s requirements and the contractual provisions;

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4.1.6. Settle any payments for the Service, which has been executed as stipulated in the Contract and accepted with the certificate of delivery and acceptance within the term and in accordance with the procedure specified herein.

4.2. The Contracting Authority has the right to:4.2.1. As appropriate, submit a request to the Contractor in an electronic or written form

and receive from the Contractor information and documentation, inter alia, the information about the data related to the natural and legal persons involved in the execution of the Service and their ownership rights with regard to the aircrafts and the equipment thereof used for the execution of the Service, for the purpose of obtaining any permits from overseas institutions required for the execution of the Service, coordinating of airborne laser scanning works with the competent institutions in the Republic of Latvia and abroad and controlling the execution of the Service, as well as transferring any such information to the competent institutions;

4.2.2. Monitor the course of the execution of the Contract by requesting and receiving from the Contractor the information required for such monitoring.

4.3. The Contractor is obliged to:4.3.1. Execute the Service using their own resources, material supply and personnel in

accordance with the technical specification provided in the Appendix of the Contract and the territorial layout for airborne laser scanning updated by the Contracting Authority (Clause 4.1.2 herein) in compliance with the flight route plans agreed upon with the Contracting Authority and the competent institutions;

4.3.2. Ensure that during the entire period of the execution of the Service an expert(s) (aircraft pilot(s)), with an appropriate aircraft pilot qualification valid for performing flights with the aircraft used for the execution of the Service, is/are involved in the execution of airborne laser scanning works;

4.3.3. Ensure that during the entire period of the execution of the Service the Contractor has the required permits and an adequate technical equipment for the execution of the Service, inter alia:4.3.3.1. Permit for using the aircraft involved in the execution of the Service

(aircraft operator’s certificate for carrying out special aviation works); 4.3.3.2. All permits and licenses required for the execution of the Service (with

regard to the aircraft used for the execution of the Service: aircraft registration certificate, airworthiness certificate, insurance certificate, licence for the permission to carry out special aviation works etc., the necessary documents according to the requirements of the legislations and competent institutions);

4.3.4. Ensure that during the entire period of the execution of the Service the Contractor has at his disposal a laser scanner calibrated in accordance with the technical specification provided in the Appendix of the Contract;

4.3.5. At the request of the Contracting Authority, ensure the possibility for a representative, appointed by the Contracting Authority, to be present during the execution of airborne laser scanning works and to monitor the flight route plan for airborne laser scanning, agreed upon in advance, and the requirements of the competent institutions;

4.3.6. Following the coming into effect of the Contract and with regard to the reception of the updated territorial layout for airborne laser scanning (Clause 4.1.2 herein) for each calendar year and each year (in 2017 and 2018) prior to execution of the Service, submit for agreement to the Contracting Authority a flight route plan in *.dgn or *.dxf, or *.shp, or *.gml format, as well as the parameters for the

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envisaged airborne laser scanning (flight height, flight speed, laser pulse frequency of laser scanning, scanning angle) on a CD or DVD data carrier, or by email to the Contractor's contact's email address specified in the Contract; if required (due to changes in the flight route plan), agree upon the corrections, introduced in the flight route plan, with the Contracting Authority not later than within 3 (three) business days prior to the respective flight;

4.3.7. Not later than within 2 (two) months following the day of airborne laser scanning, submit to the Contracting Authority the data and materials resulting from the execution of the Service of airborne laser scanning on HDDs (hard-drive discs) in accordance with the technical specification provided in Clause 2 and 11 (Appendix to the Contract);

4.3.8. Execute the Service, including preparation and submission of all data and materials (Clause 4.3.7 herein) resulting from the execution thereof in the format and according to the procedure provided for in the Appendix to the Contract within the following terms:4.3.8.1. by 31 July of each year (2017 and 2018) – shall submit the data and

materials resulting from airborne laser scanning performed during the period specified in the technical specification specified in Clause 3.1 (the execution term does not include the time for delivery and acceptance and inspection of the Service execution works in accordance with Clause 5.2 herein);

4.3.8.2. by 30 November of each year (2017 and 2018) – the final execution term for the Service volume allocated for the specific year, inter alia, prevention of any execution failures detected in accordance to the procedure specified in Clause 5.2 and 5.3 herein and airborne laser scanning of the remaining territory, which has not been performed within the term specified in Clause 4.3.8.1 herein, and the Parties have agreed upon the time of execution of and the territory subject to airborne laser scanning (the execution term does not include the time for delivery and acceptance and inspection of the Service execution works in accordance with Clause 5.2 herein).

4.3.9. Perform planning and execution of airborne laser scanning, as well as submit airborne laser scanning data consecutively in data blocks (Clause 1.3 of the Appendix to the Contract) and with regard to uninterrupted areas. An uninterrupted area is a territory, where scanning is performed with regard to at least 5 (five) adjacent routes in a single block;

4.3.10. At the Contracting Authority’s request, within 5 (five) business days provide full information about the course of the execution of the Contract and the results thereof;

4.3.11. Comply with and implement in due time the applicable laws and regulations and the instructions and requirements specified by the Contracting Authority and the competent institutions, which are related to completion of the works required for the execution of the Service;

4.3.12. In due time and in compliance with any applicable laws and regulations, ensure the acquisition of and payment for all the permits required for the execution of the Service, agree upon all the airborne laser scanning works to be completed as part of the Service with the competent institutions of the Republic of Latvia and abroad, as well as inform the Contracting Authority immediately of any problems, which may affect or impede the execution of the Service, subject to the provisions of the Contract.

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4.3.13. In a timely manner, comply with and meet the requirements of the legislation, the Contracting Authority and responsible institutions and their instructions related to performance of works necessary to implement the Service;

4.3.14. If required, at the Contracting Authority’s request within 5 (five) business days provide all the documents required for the Service-related follow up of the documents and information;

4.3.15. Entrust the execution of the Service only to adequately qualified professionals, who are listed in the Contractor's proposal as the professionals recruited for the execution of the Service and comply with the qualification requirements specified in the procurement documentation (ID No. VAMOIC 2016/189);

4.3.16. The professionals recruited for the execution of the Service may be replaced during the validity term of the Contract with the Contracting Authority’s written consent submitting adequate certificates of qualification and experience and ensuring the Contracting Authority inspects the eligibility of the recruited professional in accordance with the requirements specified in the procurement documentation (ID No. VAMOIC 2016/189);

4.3.17. Ensure that a written consent is received from all the recruited professionals regarding the use and transfer of their personal data to the Contracting Authority and the competent institutions in order to obtain the permits required for the execution of the Service, coordination of airborne laser scanning works with the competent institutions of the Republic of Latvia and abroad and for the Service follow-up;

4.3.18. At a request from the security services of the Republic of Latvia, ensure the possibility of inspection and check-up of the aircrafts and airborne laser scanning equipment used for the execution of the Service before and after the flight, during which airborne laser scanning works are being carried out.

5. ARRANGEMENTS FOR SERVICE EXECUTION AND ACCEPTANCE5.1. The Contractor delivers and the Contracting Authority accepts the executed Service for each calendar year (2017 and 2018) with a mutually signed certificate of delivery and acceptance delivering and accepting the data and materials resulting from the execution of airborne laser scanning works (Clause 4.3.7 of the Contract) in the format and in accordance with the procedure specified in the Appendix thereof. 5.2. The Contracting Authority has the right within 60 (sixty) calendar days to inspect the data, materials and reporting documents submitted after the completion of the respective stage of the Service and to sign the certificate of delivery and acceptance, or to submit to the Contractor a written claim about the inconsistencies detected if the Service has been executed at a substandard quality or in violation with the contractual provisions. 5.3. Following the reception of a written claim submitted in accordance with Clause 5.2 of the Contract, the Contractor shall within 2 (two) business days present himself at the Contracting Authority’s address specified in the Contract in order to draw up and sign a certificate of defects making prior arrangements about the visit with the Contracting Authority's contact person specified herein. In case of failure to appear the Contracting Authority has the right to draw up the certificate of defects in the Contractor's absence. The certificate of defects enumerates the deficiencies in the execution of the Service;5.4. The Contractor shall prevent any deficiencies, detected in accordance with Clause 5.2 and 5.3 of the Contract, at his expense and in compliance with the provisions specified in the Attachment thereof regarding the execution of airborne laser scanning. If the deficiencies detected cannot be prevented within the Service execution term specified in Clause 4.3.8.2

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herein, the Parties may agree in writing upon a different term for the prevention of the Service deficiencies. 5.5. The Contracting Authority accepts the airborne laser scanning data if they are of an adequate quality and comply with the contractual provisions and, inter alia, the technical specification, as well as if they comply to and have been transferred in accordance with Clause 4.3.9 herein. 5.6. The Service shall be considered executed when the Contractor has completed the entire Service volume specified in Clause 1.2 of the Contract and the Contracting Authority has accepted it following the inspection specified in Clause 5.2 herein, and the certificate of delivery and acceptance regarding the volume completed in 2017 and 2018 specified in Clause 5.1 herein has been mutually signed by the Parties. 5.7. The Contracting Authority has the right to accept the Service and pay for it in parts if, at the Contracting Authority’s request, an adequate certificate of delivery and acceptance regarding the acceptance of a part of the Service has been signed by the Parties. 5.8. If the entire Service volume specified in Clause 1.2 of the Contract and in the airborne laser scanning territorial layout updated by the Contracting Authority (Clause 4.1.2 herein) has not been executed within the execution term specified in Clause 4.3.8.1 and 4.3.8.2 herein, the Contracting Authority has the right to accept the actual Service volume completed adequately and in compliance with the contractual provisions, with the Parties mutually signing a certificate of delivery and acceptance, and in this case the Contracting Authority shall pay for the Service actually provided in accordance with the contractual provisions, and, inter alia, the Appendix thereof. 5.9. The Contracting Authority has the right not to accept the Service and not to make the payment if the Contractor has submitted airborne laser scanning data without regard for the volume and territory specified in Clause 1.2.1 and 4.1.2 of the Contract. 5.10. The Contracting Authority shall perform the inspection of the airborne laser scanning data obtained and submitted as a result of the execution of the Service with regard to their compliance with the contractual provisions (including the technical specification provided in the Attachment to the Contract), inter alia, the Contracting Authority shall monitor the airborne laser scanning data obtained as a result of the execution of the Service using TerraScan software or software of a similar functionality, in accordance with the following methodology: 5.10.1. Performing a general evaluation of conformity of the point density with the technical specification in Clause 4.2 of the Appendix to the Contract; 5.10.2. Selection of land surface points and evaluation of conformity of the density of these land surface points with the technical specification in Clause 6.2 of the Appendix to the Contract; 5.10.3. Measuring randomly selected points in the nature with a vertical and horizontal precision using geodetic methods and comparing these points with the airborne laser scanning data obtained in order to determine their conformity with the requirements specified in Clause 9 of the technical specification provided in the Attachment to the Contract.

6. COPYRIGHT6.1. The data, reporting documents and other documents obtained and prepared during the execution of the Service are the Contracting Authority’s property, and the Contractor shall not hand them over to any third parties. 6.2. The Contractor shall grant to the Contracting Authority all exclusive property rights to all the data obtained during the execution of the Service, as well as to all the data and reporting documentation submitted to the Contracting Authority.

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7. PARTIES’ PROPERTY RESPONSIBILITY7.1. Either Party shall be held responsible with regard to the other Party in accordance with the laws and regulations of the Republic of Latvia for any direct damage, which either Party has caused to the other Party as a result of intentional action or failure to act, or breach of their contractual obligations. 7.2. If the Contractor fails to execute the Service within the term specified in Clause 4.3.8.1 of the Contract or fails to execute the Service in accordance with the Contract, the Contracting Authority has the right to demand and the Contractor is obliged, at the Contracting Authority's request within 15 (fifteen) business days, to pay to the Contracting Authority a contractual fine in the amount of 0.05% (five hundredths of a per cent) of the value of the incomplete Service for each day overdue.7.3. If the Contractor fails, within the term specified in Clause 4.3.8.2 of the Contract, to prevent the deficiencies in the execution of the Service detected in accordance with the procedure specified in Clause 5.2 un 5.3 herein, or perform airborne laser scanning of the remaining territory, which has not been performed within the term specified in Clause 4.3.8.1 herein and with regard to which the Parties have agreed in writing, or fails to execute the Service in accordance with the contractual provisions within the term specified in Clause 4.3.8.2 herein, the Contracting Authority has the right to demand and the Contractor shall be obliged, at the Contracting Authority's request within 15 (fifteen) business days, to pay to the Contracting Authority a contractual fine in the amount of 0.04% (four hundredths of a per cent) of the value of the incomplete Service for each day overdue. 7.4. The maximum level of the contractual fine defined in Clause 7.2 and 7.3 of the Contract shall not exceed 10% of the value of the Service to be completed, which is calculated on the basis of the area subject to scanning (km²) and the price per km² determined in Clause 2.1 of the Contract. 7.5. In case of a failure to execute the Service or a partial execution of the Service due to such hydro-meteorological conditions, which prevent the execution of airborne laser scanning works in the target territory in accordance with the technical specification provided in the Appendix to the Contract, the Contractor shall not be obliged to pay the contractual fine specified in the Contract (Clause 7.2, 7.3 and 7.4) or pay for the damages caused to the Contracting Authority provided that the Contractor notifies the Contracting Authority of such conditions within at least 7 (seven) days since the onset of such conditions in writing or electronically (to the Contractor’s contact person’s email address specified in the Contract), and at the Contracting Authority’s request or at the commencement of the term, specified in Clause 4.3.8.1 un 4.3.8.2 of the Contract, shall submit a written statement taking into consideration that it must contain a description of the nature of the hydro-meteorological conditions and, as an attachment, the information about the hydro-meteorological conditions (atmospheric phenomena, their intensity, the amount of low-level clouds, the condition of topsoil) in the area subject to scanning issued by the state limited liability company 'Latvian Environment, Geology and Meteorology Centre' and obtained from the nearby weather stations, which proves the impossibility of performing airborne laser scanning works, in accordance with the technical specification provided in the Appendix to the Contract, with regard to each day of the Service execution when such hydro-meteorological conditions occurred. 7.6. If the Contracting Authority fails to pay for the completed Service within the specified term and in accordance with the specified procedure, the Contractor has the right to demand and the Contracting Authority is obliged, at the Contractor's request within 15 (fifteen) business days, to pay to the Contractor the contractual fine in the amount of 0.02% (two hundredths of a per cent) of the amount overdue for each day overdue, but not more than 10% of the entire contractual amount.

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7.7. Any payment of any contractual fine in accordance with the Contract shall not release the Parties from a complete fulfilment of their obligations. 7.8. If one of the Parties has caused delay while fulfilling their contractual obligations, the other Party shall not be held responsible for a delayed fulfilment of their obligations if such failure to fulfil their obligations results from causality.

8. DISPUTE SETTLEMENT AND TERMINATION OF THE CONTRACTAny disputes and disagreements, which may arise during the execution of this Contract, shall be settled by mutual negotiation. If the Parties fail to reach agreement within 30 (thirty) days, all such disputes shall be settled in accordance with the laws and regulations of the Republic of Latvia.

9. CONTRACT TERM, ORDER FOR THE CONTRACT AMENDMENTS AND EARLY TERMINATION

9.1. The Contract shall become effective after its mutual signing and registration at the Contracting Authority (Contracting Authority chancellery’s note) and shall be valid till full performance of commitments of the Parties under the Contract but not longer than stipulated by the Public Procurement Law.9.2. The Contracting Authority has the right to terminate the Contract unilaterally giving the Contracting Authority at least a 10 (ten) days’ notice thereof if the Contractor fails to fulfil his contractual obligations, inter alia:

9.2.1. Breach of Clause 4.3.2-4.3.6 of the Contract or any provision of Clause 4.3.9-4.3.18 thereof;

9.2.2. The Contractor refuses to carry out the Service;9.2.3. Failure to submit to the Contracting Authority the data and materials regarding the

execution of airborne laser scanning within the term specified in Clause 3.1 of the technical specification (Appendix to the Contract) more than 30 (thirty) days past the term specified in Clause 4.3.8.1 of the Contract;

9..2.4. The Contracting Authority has submitted a claim and has drawn up a certificate of defects as prescribed in Clause 5.2 and 5.3 of the Contract, and the Contractor has failed to prevent the Service deficiencies or airborne laser scanning of the remaining territory, which has not been completed within the term specified in Clause 4.3.8.1 thereof and with regard to which the Parties have agreed in writing, or has failed to deliver the Service as prescribed by the Contract within 15 (fifteen) days following the term specified in Clause 4.3.8.2 thereof.

9.3. The Contracting Authority has the right to terminate the Contract unilaterally and with an immediate effect giving the Contractor a written notice thereof if the Contractor has failed to receive the permit for the execution of airborne laser scanning from the competent authorities in due legal form or such a permit has been annulled. 9.4. The Contracting Authority has the right to terminate the Contract unilaterally giving the Contractor a 60 (sixty) days’ notice thereof due to reasons not depending on the Contractor and the Contracting Authority, which are related to reduction of the public funding, the scope of the state budget, changes in the Contractor's legal status or the state and municipal decisions, decrees or changes in laws and regulations, as well as changes in the Contracting Authority's operation. 9.5. In cases specified in Clauses 9.2 and 9.3 of the Contract, the Contracting Authority has the right and the Contractor shall be obliged, within 10 (ten) business days following the day of the receipt of the Contracting Authority’s notification, to pay a single contractual fine in the amount of 10% of the contractual price except for cases when obligations have not been fulfilled due to force majeure circumstances and the Contractor has submitted supporting

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documents, which prove the existence of force majeure in accordance with Clause 9 of the Contract, or the Contract has been terminated in accordance with Clause 9.2.2 and 9.2.3 of the Contract, and the Service has not been delivered due to hydro-meteorological conditions, which prevent the execution of airborne laser scanning works in the territory subject to scanning in accordance with the technical specification provided in the Appendix thereof and as prescribed by Clause 7.4 thereof, or the condition specified in Clause 7.9 thereof is in force. 9.6. The Contractor has the right to terminate the Contract unilaterally giving the Contracting Authority a 10 (ten) days’ written notice if the Contracting Authority has been overdue with the fulfilment of any obligations specified in Clause 4.1.2 - 4.1.6 for more than 30 (thirty) days following the term specified in the Contract. 9.7. In cases specified in Clause 9.2, 9.3, 9.4, and 9.6 of the Contract, the Contracting Authority shall pay to the Contractor for the Service executed in due quality and as prescribed by the Contract, until the notification of the termination of the Contract, within 10 (ten) business days following the receipt of the Contractor’s invoice. If in these cases the Service has not been executed to the extent, which in accordance with the contractual price of the Service equals the advance paid by the Contracting Authority, the Contractor shall repay to the Contracting Authority the advance in full for the incomplete Service volume.

9.8. The Parties may agree in writing on prolongation of the Service execution term under the Clause 4.3.8.2 of the Contract, if the Contract execution is delayed due to the fault of the Contracting Authority or if reception of responsible authorities’ approvals or permits is delayed and the delay has not been caused by the Contractor or if the Service has not been executed due to force majeure conditions and the Contractor has submitted the relevant documents which confirm existence of the force majeure conditions in accordance with the Clause 11 of the Contract or the Service has not been fully or partially executed due to hydro-meteorological conditions which prevent carrying out the airborne laser scanning works in the territory to be scanned in accordance with the requirements of the Technical Specification as stipulated in the Contract Clause 7.4. The prolongation of the Service execution term provided for in this Contract Clause shall be applicable if the Contractor has informed the Contracting Authority in the due order stipulated by the Contract about conditions which delay the Service execution and if the Contracting Authority recognizes those conditions.9.9. Amendments to the Contract may be made in accordance with the provisions of the Public Procurement Law Article 67.1¹. Amendments and annexes to the Contract shall be valid only if they have been drawn up in writing and signed by both Parties. They shall be annexed to the Contract and become an integral part thereof.

10. SUBCONTRACTOR

10.1. In accordance with the proposal submitted by the Contractor within the Open Competition, the Contractor shall involve the identified sub-contractors in execution of the Contract.

10.2. The Contractor shall transfer to the Sub-contractors the following parts of the Contract subject:4

10.2.1. – Sub-contractor Nr.1 provides (list of the works to be performed) The expected amount is up to __% from the total Contract price;

10.2.2. .....;4 Is filled out in accordance with the tenderer’s proposal if the tenderer has attracted sub-contrators for execution of the procurement contract.

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(...)10.3. The Sub-contractor shall perform the part of work and duties entrusted to it in

accordance with the Contractor’s proposal in the Open Competition.10.4. The Contractor is entitled to transfer to the Sub-contractor only that information which

is directly related to the part and volume of the Contract entrusted to the Sub-contractor. The Sub-contractor has no right to divulge to third parties the acquired information on the Contracting Authority or the Service to be performed.

10.5. The Contractor shall ensure that the Sub-contractor involved in execution of the works under the Contract does not employ third persons in execution of the works, including sub-contractors.

10.6. The Contractor shall assume full responsibility over the general execution of the Contract and within this frame it shall ensure that the Sub-contractors comply with all provisions of the Contract.

10.7. The Contractor may replace its Sub-contractors during the term of the Contract only with a written agreement from the Contracting Authority. In the event of Sub-contractors’ replacement, the Contractor shall submit all documentation on the involved sub-contractors as was the case for sub-contractors in the Regulations of the Open Competition.

10.8. The Contractor shall, as soon as it has become known, inform the Contracting Authority about any changes related to its Sub-contractors.

10.9. The Contracting Authority does not agree to replacement of the staff and sub-contractors if any of these conditions exist:10.9.1. The sub-contractor proposed by the Contractor does not comply with the

requirements of the Open Competition Regulations for sub-contractors;10.9.2. A sub-contractor is being replaced on the capacities of which the Contractor has

relied in the procurement procedure in order to acknowledge its qualifications’ compliance with the requirements mentioned in the announcement of the contract and the procurement procedure documents and the newly-proposed sub-contractor does not have at least the same qualification as the Contractor has referred to when acknowledging its compliance with the requirements of the procurement procedure;

10.9.3. The proposed sub-contractor falls under the exclusion provisions stipulated in the Public Procurement Law Article 39.¹ , first Section. When examining the compliance of the sub-contractor, the Contracting Authority shall apply the information examination provisions in the Open Competition Regulations article 13.

10.10. The Contracting Authority shall make a decision to allow or to refuse replacement of a sub-contractor or to involve a new sub-contractor in the Contract execution within 5 (five) weekdays after it has received all information and documents necessary for the decision.

11. FORCE MAJEURE11.1. Neither Party shall be held responsible for failure to comply with their contractual obligations if the fulfilment of such obligations has been rendered impossible due to force majeure conditions, and the affected Party has notified the other Party within 7 (seven) calendar days since the day such conditions occurred. Force majeure conditions shall include: Fire, natural disasters (floods, earthquake, storm, etc.), the decisions and decrees adopted by the governmental and state administration institutions, as well as any change in laws and regulations, political and economic blockades and other extraordinary events, which the

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Parties could not have predicted and prevented. Force majeure conditions shall not include such hydro-meteorological conditions, which are characteristic in the territory of Latvia, such as rain, heavy rain, snow, snowstorm, puddles, individual temporary flooded territories, etc. 11.2. The Party, which refers to force majeure conditions, shall prove that it could not possibly either predict or prevent the actual conditions, the consequences of which, in spite of due diligence, were unavoidable. In case of force majeure, the Party affected by force majeure shall within 10 (ten) calendar days notify the other Party thereof in writing. The written notification shall contain the description of force majeure and the affected Party shall, as soon as possible, attach documents issued by the state or municipal institutions, which prove the existence of force majeure and the Parties shall mutually agree upon future legal consequences of the Contract, which are beneficial to both Parties. In case of a delayed notification, the culpable Party shall not be released from the fulfilment of his obligations. 11.3. If force majeure conditions exceed 30 (thirty) calendar days or, in case of delayed airborne laser scanning works, exceed the Service execution term specified in Clause 4.3.8.2 of the Contract, each Party has the right to unilaterally recede from the Contract notifying the other Party thereof in writing. 11.4. If the Contract has been terminated due to force majeure conditions or due to the commencement of the term specified in Clause 4.3.8.2 of the Contract, and the execution of the Service has been fully or partly jeopardized due to force majeure conditions, neither Party has the right to demand from the other Party the payment of default interest or a contractual fine, demand a compensation for damages or demand a compensation for any other damages. If in these cases the Service has not been executed to the extent, which in accordance with the contractual price of the Service equals the advance paid by the Contracting Authority, the Contractor shall repay to the Contracting Authority the advance in full for the incomplete Service volume.

12. OTHER PROVISIONS

12.1. The Parties agree that issues related to the Contract execution shall be solved by the persons which are responsible for the Contract execution:12.1.1. The responsible person of the Contracting Authority: ____, telephone No. :_______, fax No. :_____, e-mail: _________;12.1.2. The responsible person of the Contractor: ________, telephone No. _______, fax No. ______, e-mail: _____. 12.2. The Parties agree that the persons mentioned in the Contract Clause 12.1 are entitled to sign all documents and claims under the Contract.12.3. In the process of the Contract execution the Parties follow the legislation of the Republic of Latvia. 12.4. Provisions of the Contract shall be applicable to the extent that they do not contradict the legislation of the Republic of Latvia. If one or several Contract provisions are declared to have lost validity, the legal force of other provision does not change. 12.5. Neither of the Parties is entitled to transfer its rights and obligations to third persons.12.6. The Contract shall be binding for any legal successor of either Party.12.7. The Parties inform each other in writing within 10 (ten) weekdays about changes to their legal status, name, address (the actual or the legal address), contact details or payment details. After reception of the announcement (note of the Contracting Authority’s chancellery) it becomes an integral part of the Contract.

12.8. All notifications related to the fulfilment of the Contract shall be sent by registered mail to the Parties’ legal addresses specified herein or shall be delivered personally to the Parties.

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The day of submission (notification) of the Parties’ statements, claims or warnings shall be the day when a notification has been delivered to the Parties’ proxies against a signature, unless stated otherwise in the Contract, or the seventh day following the day of sending the notification (postal stamp). Information sent in an electronic form via email shall be considered as received on the day when it has been sent to the electronic addresses specified in the Contract if it has been sent on a business day during business hours until 5pm. If information has been sent electronically over the weekend or on a holiday, or after 5pm, it shall be considered delivered on the following business day. 12.9. By signing the Contract the Parties acknowledge that they have got acquainted with the Contract text and agree with it.12.10. The Contract is drawn up on ___ (____) pages in 2 (two) copies, one copy for either Party. Both copies have equal legal force.12.11. Annex No. 1 “Technical Specification” on ___ (____) pages and Annex no. 2 “Financial Proposal” on __ (___) pages are annexed to the Contract and are an integral part threof.

11. PARTIES’ SIGNATURES AND PARTICULARS Contracting Authority: Latvian Geospatial Information Agency Reg. No.: 90002065000Address: 43, O.Vācieša Street, Riga, LV – 1004Phone No:+371 28655590 Fax: +371 29370505State TreasuryCode: TRELLV22Account No. LV88TREL2100033006000

Contractor:

Reg. No.:Address:

Phone No.Fax:Bank:Code:Account No.

____________________________/ /

____________________________/ /

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