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APPROVED BY
SIA “Eiropas dzelzceļa līnijas”
Procurement Commission meeting
of 20 February 2017
(minutes of the meeting No.2)
Chairperson of Procurement Commission
K.Vingris
____________________________
SIA “Eiropas dzelzceļa līnijas”
Open tender
“Identification and study of cultural heritage within the compartment zone of
Rail Baltica line in Latvian territory “
Regulations
Procurement identification No. EDZL 2017/1 CEF
Riga,
2017
2
1. General information
1.1. Procurement procedure
The procurement procedure is an open tender (hereinafter – tender), which is carried out
according to the Public Procurement Law and these regulations (hereinafter – regulations).
1.2. Procurement identification number EDZL 2017/1 CEF.
1.3. Contracting Authority: Name of the contracting authority: Limited Liability Company “Eiropas dzelzceļa
līnijas”
Registration number: 40103836785
Registered address: 3 Gogoļa Street, Rīga, LV-1743
Actual address: 12 Maskavas Street, Rīga, LV-1050
Phone: 66954242
1.4. Tenderer
A supplier, who has submitted its offer in the tender.
1.5. Procurement Commission
The tender is carried out by the procurement commission of limited liability company
„Eiropas dzelzceļa līnijas” (hereinafter – SIA “Eiropas dzelzceļa līnijas”), which is
established according to the decree No EDZL-03-1/19 of 25 January 2017 “On the
establishment of a procurement commission for the procurement „Identification and
study of cultural heritage within the compartment zone of Rail Baltica line in Latvian
territory“ (hereinafter – commission).
1.6. Funding
The procurement is funded from the Connecting Europe Facility (CEF) project
„Development of 1435 mm gauge railway line Rail Baltic/ Rail Baltica (RB) corridor
through Estonia, Latvia, and Lithuania (Stage 2)”, No. 2015-EU-TM-0347-M, funds.
1.7. Contact of the contracting authority
Ms Ira Koleba, procurement expert at the Legal Department of SIA „Eiropas dzelzceļa
līnijas“, address: 12 Maskavas Street, Riga, LV-1050, ph. +371 66954255, (e-mail
address: [email protected].
1.8. Information about the tender subject 1.8.1. The subject of the tender is listing and study of cultural heritage within the partition
zone of Rail Baltica route, section in Latvia, according to the Technical
Specification (Annex 2 hereof).
1.8.2. The tender is not split into lots.
1.8.3. The tenderer is forbidden to submit alternative offers.
1.8.4. CPV code: 71000000-8.
1.9. Time and place of framework agreement execution
1.9.1. The framework agreement is concluded for a period up to 1 September 2018, or
until the lump sum of the framework agreement amounting to EUR 295,000.00
(two hundred ninety-five thousand Euro, 00 cents) excluding VAT is reached. The
Contracting Authority is entitled to prolong the Framework agreement term subject
to a written agreement entered by and between the framework agreement parties,
where the Contracting Authority is being prolonged the allocated funding term for
a period equal to that of the prolonged period, but no longer than by 2 (two) years.
1.9.2. Location of framework agreement execution: Territory of the Republic of Latvia.
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1.9.3. The Framework agreement will be closed with at least 3 (three) and no more than 7
(seven) Tenderers, who will have submitted bids according to the requirements of
the regulations and will have offered the lowered contract price.
1.9.3.1. In case 3 (three) bids according to the requirements of the regulations will not be
received, the Commission is entitled to select a smaller number of bids meeting
all the requirements of the regulations and offering the lowest price;
1.9.3.2. In case less than 2 (two) bids according to the requirements of the regulations and
offering the lowest price, but where the price is equal, will be received, the
Commission is entitled to select a larger number of bids meeting all the
requirements of the regulations and offering the lowest price.
1.10. Procedures for information exchange and receipt of tender regulations
1.10.1. Exchange of information between the commission and interested suppliers and
Tenderers shall be by mail or e-mail to the Contracting Authority contact person's
e-mail address.
1.10.2. Tender regulations, amendments to regulations and other relevant information
about the Tender regulations shall be published on the Contracting Authority's
website: www.edzl.lv.
1.10.3. Where the interested supplier requests extra information on the requirements
contained within the regulations regarding the drafting and submission of bid or the
Tenderers' selection in due time, the commission shall provide it within 5 (five)
days, but no later than 6 (six) days before the bid submission deadline. Answers to
the supplier requests for extra information about the regulations are sent to the
interested supplier, who posted the question, and is also published on the website of
the Contracting Authority: www.edzl.lv.
1.10.4. The interested suppliers are obliged to check the information published on the
website of the Contracting Authority.
1.10.5. All interested suppliers can view the regulations free of charge in the premises of
the Contracting Authority, address according to Clause 1.7 herein, every business
day from 8.30am to 5pm, subject to prior announcement of the visit to the contact
person of the Contracting Authority by calling +371 66954255 at least 2 (two)
hours in advance.
1.10.6. Where the interested supplier requests the regulations in paper, the commission
shall present it to the interested supplier within 2 (two) business days after the
respective request has been received, provided that the request has been submitted
prior to the bid submission deadline.
1.11. Bid submission and opening
1.11.1. The bids can be submitted by mail or in person to SIA “Eiropas dzelzceļa līnijas”,
12 Maskavas Street, Riga, LV-1050, on business days from 8.30am till 5pm, by 21
April 2017 at 10am, subject to prior notification of the visit by calling +371
66954242 or +371 66954255. Postal deliveries are deemed submitted in time, if
they are received in the address indicated above by the bid submission deadline.
1.11.2. The submitted bid can be revoked or amended by the Tenderer only by the bid
submission deadline. In case of bid replacement the bid submission time is deemed
the time the last bid was submitted.
1.11.3. Where the bid has been submitted after the bid submission deadline, it is given
back or sent by mail back unopened to the Tenderer.
1.11.4. The submitted bids will be opened at SIA “Eiropas dzelzceļa līnijas”, 12 Maskavas
Street, Riga, LV-1050, in an open meeting on 21 April 2017 at 10am.
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1.11.5. The bids are opened according to the sequence they were submitted by calling out
the Tenderer, the date and time its bid was submitted.
1.12. Requirements as regards the design of the bid
1.12.1. The bid is submitted in a sealed/ stamped envelope/ package, which bears the
following on top of it:
a) Name and office address of the Contracting Authority; SIA “Eiropas dzelzceļa
līnijas”, 12 Maskavas Street, Riga, LV-1050;
b) Name, registration number and registered address of the Tenderer;
c) remark:
„BID FOR THE OPEN TENDER
“Identification and study of cultural heritage within the compartment zone of Rail
Baltica line in Latvian territory “
Identification No. EDZL 2017/1 CEF
Do not open before the bid submission deadline on 21 April 2017 at 10am“
1.12.2. The bid consists of the following sections:
a) Application for participation in the tender;
b) Qualification documents of the Tenderer;
d) Technical Offer;
d) Financial Offer
1.12.3. The Tenderer submits 1 (one) original bid typed in paper bearing the remark
„ORIGINAL“ and 2 (two) copies with the remark „COPY“. Where the copy of the
bid differs from its original, the commission shall refer to the original. The bid shall
be submitted also electronically, on a digital data carrier, in a format, which is
legible by standard software tools, while the financial offer shall be submitted in
Microsoft Office Excel format. The electronically submitted bid shall be enabled
the print functions and documents by the Tenderer shall be enabled the search
function. The digital data carrier containing the electronic bid shall be inserted in
the envelope/ package according to Clause 1.12.1 herein.
1.12.4. The bid shall have a table of contents listing each part of the bid documents.
1.12.5. The bid documents shall be sewn together preventing the removal of any page
thereof without damage to the perforation fixing. The perforating string is attached
at the back of the last page by sticking a self-adhesive label onto it; the label shall
bear a remark of the number of pages in the document and shall be signed by an
authorised signatory or an authorised person of him. The pages shall be numbered
in line with the attached table of contents.
1.12.6. The documents included in the bid shall be clearly legible in typewriting, without
any strikethrough texts, additions, unjustified corrections, use of correction pens or
deletions. In case of any amendments, these shall be justified in according to
statutory requirements under the Cabinet of Ministers Regulations No. 916
„Procedures for drafting and finishing documents“ of 28 September 2010.
1.12.7. In the bid or following a request by the commission, original documents of legal
power shall be submitted. For a document to become valid, it shall be issued and
designed according to the Law On Legal Force of Documents, while a public
document issued abroad shall be legalised or approved (by means of an apostille)
according to the statutory requirements of the Document Legalisation Law.
1.12.8. The bid shall be drawn up in Latvian. Bid documents drafted in another language
shall be attached a translation approved by the Tenderer in Latvian according to the
Cabinet of Ministers Regulations No 291 „Procedures for the Certification of
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Document Translations in the Official Language“ of 22 August 2000. The Tenderer
is liable for the consistency of translation with the original/
1.12.9. Copies of documents are drafted and designed according to Law On Legal Force of
Documents and Cabinet of Ministers Regulations No. 916 „Procedures for drafting
and finishing documents“ of 28 September 2010. Should the commission doubt the
authenticity of a submitted document copy, it requires the Tenderer presents the
original document.
1.12.10. At the submission of the bid, the Tenderer has the right to approve all copies and
translations of submitted documents with a single approval, provided the whole
bid is bound as a single unit.
1.12.11. The bid shall be signed by and authorised signatory of the Tenderer or an
authorised person by him, and a respective power of attorney shall be attached,
which is a proof the person is authorised to sign the bid and approve the copies
and translations of submitted documents.
1.12.12. Where the bid is submitted by a partnership, the bid shall be signed by all
entities, which are part of the partnership, or a person authorised by the
partnership.
1.12.13. Upon submission of the bid, the Tenderer fully acknowledges all provisions
contained within the regulations.
1.12.14. The submitted bids are property of Contracting Authority and shall not be
returned to the Tenderer.
1.13. Other information
1.13.1. All submitted bids are stored unopened in their sealed packages until the bid
opening meeting. Early opening of bids is prohibited.
1.13.2. The Tenderer shall ensure communication with the Contracting Authority in
Latvian. The language of procurement procedure, exchange of information,
framework agreement, and contract executing language is Latvian.
1.13.3. The tenderer shall cover all and any costs related to the preparation and submission
of the bid.
1.13.4. Where the bid is submitted by a group of suppliers, which is awarded the
framework agreement, before signing the contract, it shall officially register the
general partnership within 15 (fifteen) days after the expiry of waiting term
according to Article 67(4) of the Public Procurement law.
2. Bid guarantee The present tender does not provide for a bid guarantee.
3. Documents to be included in the bid
3.1. The bid shall contain documents in the following sequence:
3.1.1. title page bearing the title „Bid for the procurement „ Identification and study
of cultural heritage within the compartment zone of Rail Baltica line in Latvian
territory“, Procurement No. EDZL 2017/1 CEF, and title of the Tenderer;
3.1.2. Table of contents with page numbering;
3.1.3. application for participation in the tender according to the template provided in
Annex 1 hereof;
3.1.4. power of attorney, where the bid is signed by a person authorised by the
Tenderer, who is not the official authorised signatory of the Tenderer;
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3.1.5. where the bid is submitted by a partnership of suppliers, an agreement signed
by all parties stating the willingness to take part in the tender shall be
submitted. The agreement shall contain the following;
3.1.5.1. a statement that all members of the partnership of suppliers will be jointly
liable for the fulfilment of the framework agreement and contract, in case
the Tenderer will be granted the right to conclude the contract;
3.1.5.2. determination of the scope of involvement by each member of the
partnership of suppliers, including the share, roles, and tasks to be carried
out;
3.1.5.3. an authorisation of the member of the partnership, who will represent all
members of the partnership;
3.1.5.4. a written document stating that in case the partnership of suppliers will be
granted contract conclusion rights it undertakes to merge by conclusion of
the framework agreement and register a general partnership in a
registration authority within 15 (fifteen) days after the expiry of the waiting
term according to Article 67(4) of the Public Procurement Law.
3.1.6. Tenderer's qualification documents, which shall be submitted under Section 5
of the regulations.
3.1.7. Statement by the Tenderer that it has drafted the bid independently according to
Annex 3 hereof. Where the application for participation in the tender is
submitted by a group of persons, the application shall be filled in by all persons
of that group.
3.1.8. Where the Tenderer relies on the capabilities of other entities, for the Tenderer
to meet the qualification requirements as regards the Tenderer's compatibility
for professional activity, economic and financial condition, or technical and
professional skills, a statement on participation in the tender signed by each
entity, on whose capabilities the Tenderer relies, and in case the framework
agreement will be concluded, a statement on the involvement in the framework
agreement fulfilment and resources, which will be placed at the disposal of the
Tenderer, along with the following information to be provided:
3.1.8.1. for a legal entity – title, registration number and registered address, while
for a physical entity – name, surname, personal ID number and address;
3.1.8.2. information according to the regulations as regards the qualification
requirements, for the fulfilment of which the Tenderer relies on the
capabilities of other person.
3.1.8.3. Where the Tenderer relies on the capabilities of other persons, for the
Tenderer to meet the qualification requirements as to the economic and
financial condition, this person shall be jointly liable together with the
Tenderer for the fulfilment of the framework agreement.
3.1.9. Where the Tenderer plans to employ sub-contractors for the fulfilment of the
framework agreement, a list (drafted according to template provided in Annex 7
herein) of sub-contractors and sub-contractors of sub-contractors, whose share
of service to be assigned to them is at least 20% of the total framework
agreement value. The following information shall be indicated for each of the
sub-contractors:
3.1.9.1. name, joint registration number (or name, surname, personal ID No. of the
person), address, contact person and his/her phone, share (%) and
description of the part of framework agreement to be subcontracted, and
the financial calculation shall be added, which indicates the share (%) of
subcontracted framework agreement works;
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3.1.9.2. statement by each sub-contractor that it is willing to carry out the part of
the subcontracted framework agreement work;
3.1.10. Technical offer (according to Section 6 of the regulations);
3.1.11. Financial offer (according to Section 7 of the regulations).
4. Tenderers' exclusion rules
4.1. The commission shall exclude the Tenderer from further participation in the
procurement procedure and shall not review the Tenderer's bid, if it meets the
tenderer exclusion criteria under Article 391(1) Point 1, 2, 3, 4, 5, 6, 7 and 8 of
the Public Procurement Law:
4.1.1. a Tenderer or a person, who is a member of the board of directors or council or
procurator of a tenderer, or a person having the right to represent the Tenderer in
activities related to a subsidiary, has been found guilty in any of the following
criminal offences by a such punishment prescription of prosecutor or a judgement of
a court that has entered into effect and is non-disputable and not subject to appeal:
4.1.1.1. establishment, management, or involvement in the activities of a
criminal organisation or part of an organised group thereof, or in any
other illegal formation, or participation in the criminal offences of such
organisation,
4.1.1.2. bribetaking, bribery, bribe misappropriation, intermediation in bribery,
taking of prohibited benefit or commercial bribing, requesting, taking
and giving illegal benefit, trading for impact,
4.1.1.3. fraud, misappropriation, or laundering
4.1.1.4. terrorism, financing of terrorism, invitation to terrorism, terrorism threats
or recruiting and training of a person for performance of terror acts,
4.1.1.5. human trafficking,
4.1.1.6. evading payment of taxes and payments equivalent thereto;
4.1.2. a Tenderer, by such a decision of a competent authority or a judgement of a court
which has entered into effect and has become non-disputable and not subject to
appeal, has been found guilty of an infringement, which means:
4.1.2.1. employment of such one or more persons, who do not hold the respective
work permit or if they reside in the territory of the European Union
Member States illegally,
4.1.2.2. employment of one person without entering into a written employment
contract, not submitting an informative declaration regarding employees
in respect of such person within a time period laid down in the laws and
regulations, which is to be submitted regarding persons who commence
work;
4.1.3. a Tenderer, by such a decision of a competent authority or a judgement of a court
which has entered into effect and has become non-disputable and not subject to
appeal, has been found guilty of infringement of competition rights manifested as
horizontal cartel agreement, except for the case when the relevant authority, upon
determining infringement of competition rights, has released the Tenderer from a
fine or reduced fine within the framework of the co-operation leniency programme.
4.1.4. Insolvency proceedings have been declared for the Tenderer, the economic activity
of the Tenderer has been suspended, the Tenderer is wound up.
4.1.5. It has been established that on the last day of bid submission the Tenderer or on the
day a decision is made to grant the contract conclusion rights the Tenderer has tax
debts in Latvia and a country where it is registered or permanently residing,
including debts of mandatory State social insurance contributions in total exceeding
8
150 Euro in each country. In respect to Tenderers registered or permanently residing
in Latvia, the Contracting Authority shall take into account the information, which
is published on the last date of update on the public tax debtors' database of State
Revenue Service, which is an information system determined by the Cabinet of
Ministers.
4.1.6. Considering Article 23(1) and Article 23(2) of the Public Procurement Law, the
individual, who has drafted the procurement documentation (an official or employee
of the Contracting Authority), a member or expert of the procurement commission is
related to or interested in the selection of a particular Tenderer, and the Contracting
Authority cannot avert the situation by measures restricting the Tenderer to a
smaller degree;
4.1.7. The Tenderer has competitive advantages in the procurement procedure, because it
itself or an affiliated legal entity has been involved in the preparation of the
procurement procedure according to Article 11(4) of the Public Procurement Law
and it cannot be averted with less limiting measures and the Tenderer cannot prove,
that the participation of it or its affiliated legal entity in the preparation of the
procurement procedure does not limit the competition.
4.1.8. a Tenderer has provided false information to certify the conformity with the
provisions of Article 391 of the Public Procurement Law or qualification
requirements of Tenderers laid down in accordance with this Law, or has not
provided the requested information at all.
4.2. The Contracting Authority shall not exclude a Tenderer from the participation in a
procurement procedure if:
4.2.1. three years have passed from the day when the judgement of a court, the
punishment prescription of a prosecutor or a decision taken by another competent
authority on infringements referred to in Article 391(1) Clause 5 and Clause 2,
Sub-clause “a” (Clause 4.1.1 and Clause 4.5.2.1 herein) became non-disputable
and not subject to appeal till the day when the application or tender was submitted;
4.2.2. 12 months have passed from the day when the judgement of a court or a decision
taken by another competent authority on infringements referred to in Article 391(5)
Clause 2, sub-clause „b“, and Clause 3 (Clause 4.5.2.2 and Clause 4.1.3 herein)
became non-disputable and not subject to appeal till the day when the application
or tender was submitted;
4.3. According to Article 391(1) Clause 9 of the Public Procurement Law, the member of a
general partnership, where the Tenderer is a general partnership, shall be subject to
requirements of Article 391(1) Clause 1, 2, 3, 4, 5, 6 or 7 of the Public Procurement
Law.
4.4. According to Article 391(1) Clause 9 of the Public Procurement Law, the sub-
contractor of the Tenderer, where the value of the subcontracted construction works or
services to be provided is at least 20 per cent of the total contract value, shall be subject
to requirements of Article 391(1) Clause 2, 3, 4, 5, 6 or 7 of the Public Procurement
Law.
4.5. According to Article 391(1) Clause 11 of the Public Procurement Law, the person, on
whose capabilities the Tenderer relies to prove its qualification meets the requirements
set in the announcement of the contract or in the procurement procedure documents, is
subject to requirements of Article 391(1) Clause 1, 2, 3, 4, 5, 6 or 7 of the Public
Procurement Law.
4.6. The verification regarding the existence of exclusion cases for Tenderers according
to Article 391(1) is carried out for each Tenderer, who according to requirements of
9
the regulations and the selected bid selection criterion should be awarded the
contract.
4.7. In order to verify, whether the Tenderer or a member of a general partnership, if the
Tenderer is a general partnership, or a sub-contractor indicated by the Tenderer, the
subcontracted contract value of which is at least 20 per cent of the total contract value, or
a person indicated by the Tenderer, on whose capabilities the Tenderer relies to approve
its qualification meets the Regulation requirements, shall not be excluded from the
procurement procedure according to Article 391(1) Clause 1, 2, 3, 4, 5 and 7 of the Public
Procurement Law, as regards persons registered or permanently residing in Latvia, the
Contracting Authority shall make use of the information system determined by the
Cabinet of Ministers.
4.8. Depending on the results from the information system, the Contracting Authority:
4.8.1. does not exclude the Tenderer from the procurement, if it establishes that
according to the information, which is published on the last date of update on the
public tax debtors' database of State Revenue Service, which is an information system
determined by the Cabinet of Ministers, the Tenderer or the person according to
Article 391(1) Clause 9, 10 and 11, has had no tax debts on the last day of bid
submission, including mandatory State social insurance contributions, exceeding in
total 150 Euro.
4.8.2. informs the Tenderer that according to the information, which is published on
the last date of update on the public tax debtors' database of State Revenue Service,
which is an information system determined by the Cabinet of Ministers, the Tenderer
or the person according to Article 391(1) Clause 9, 10 and 11, has had tax debts on the
last day of bid submission or at the day, when the decision on alleged granting of
contract conclusion rights is made, including mandatory State social insurance
contributions, exceeding in total 150 Euro, and the Contracting Authority sets a
deadline of 10 after the day the information was provided or sent that the Tenderer
shall submit a statement that on the last day of bid submission or at the day, when the
decision on alleged granting of contract conclusion rights is made it had no tax debts,
including mandatory State social insurance contributions, exceeding in total 150
Euro. Where the Tenderer fails to submit the statement in due time, the Tenderer is
excluded from the procurement. In order to approve that the Tenderer or the person
according to Article 391(1) Clause 9, 10 and 11, had no tax debts on the last day of
application submission, including mandatory State social insurance contributions,
exceeding in total 150 Euro, the Tenderer shall submit the following document by the
respective person or its representative within the term stipulated by Article 391(5) of
the Public Procurement Law:
4.8.2.1. approved printout from the electronic declaration system of State
Revenue Service or a statement from State Revenue Service that this
person did not have the respective tax debts, including mandatory State
social insurance contributions' debts;
4.8.2.2. before the last day of bid submission or before the day, when a decision
is made on alleged contract conclusion, a copy of a document, where
the State Revenue Service extends the deadline for tax payment or on
tax postponement, or a copy of an agreement with State Revenue
Service on tax payment, or other objective proof of the non-existence
of tax debts.
4.9. Where the Contracting Authority establishes that the sub-contractor, whose
subcontracted service value is at least 20 per cent of the total contract value, or where the
person, on whose capabilities the Tenderer relies to approve that its qualification meets
10
the requirements as set out in the tender regulations, meets the exclusion cases as
mentioned by Article 391(1) Clause 1, 2, 3, 4, 5, 6 or 7 of the Public Procurement Law, it
shall request that the Tenderer replaces the respective person. Where the Tenderer within
10 business days after it has been provided or sent a request fails to submit documents
about a new sub-contractor or a person meeting the requirements as set out in the tender
regulations, on whose capabilities the Tenderer relies to approve that its qualification
meets the requirements as set out in the tender regulations, the Contracting Authority
shall exclude it from participation in the procurement procedure.
4.10. In order to check, whether or not the member of the board of directors or council or
procurator of the Tenderer, who is registered in Latvia, or a person having the right to
represent the Tenderer in activities related to a subsidiary and who is registered or
permanently resides abroad, or a Tenderer, who is registered or resides permanently
abroad, or a person according to Article 391(1) Point 9, 10 and 11, who is registered or
resides permanently abroad, does not meet the exclusion provisions according to Article
39.1(1) of the Public Procurement Law, the Contracting Authority, except for cases
stipulated by Article 39.1(11) of the Public Procurement Law, shall request that the
Tenderer submits a certificate by the respective competent authority proving that the
member of the board of directors or council or procurator of the Tenderer, who is
registered in Latvia, or a person having the right to represent the tenderer in activities
related to a subsidiary and who is registered or permanently resides abroad, or a
Tenderer, or a person according to Article 391(1) Point 9, 10 and 11, does not meet the
cases according to Article 39.1(1) of the Public Procurement Law. The deadline for the
submission of the certificate is set to at least 10 business days from the day the request
was provided or sent. If the Tenderer does not submit the referred-to statement within
the laid down deadline, the Contracting Authority shall exclude it from participation in
the procurement procedure.
4.11. If such documents, by which the Tenderer registered or permanently residing in a
foreign country may certify that the conditions indicated in Article 391(1) of the Public
Procurement Law do not apply to him or her, are not issued or they are not sufficient to
certify that the conditions indicated in Article 391(1) of the Public Procurement Law do
not apply to the tenderer, the referred-to documents may be replaced with an oath or, if
laws and regulations of the relevant country do not provide for giving of an oath, with a
certification of the tenderer itself or the person referred to in Article 391(1) of the Public
Procurement Law to the competent executive authority or judicial authority, a sworn
notary or a competent organisation in the relevant sector in the country of registration
(permanent residence) thereof.
4.12. Assessment of proof submitted to ensure credibility according to Article 393 of the
Public Procurement Law:
4.12.1. Where the Tenderer or a member of the general partnership, if the Tenderer is a
general partnership, meets the exclusion case according to Article 391(1) Point
1, 2, 3, 4, 6 or 7 of the Public Procurement Law, the Tenderer indicates this in
the bid and, if it is deemed as the one, which should be granted contract
conclusion rights, it shall together with the bid submit an explanation and proof
of the loss compensation or a concluded agreement on the loss compensation,
cooperation with investigation authorities and undertaken technical,
organisational, or human resource management measures to prove its reliability
and prevent the occurrence of the same or similar cases in future.
4.12.2. Where the Tenderer fails to submit an explanation and proof, the Contracting
Authority shall exclude the respective Tenderer from the procurement
11
procedure, since it meets the exclusion case according to Article 391(1) Point 1,
2, 3, 4, 6 or 7 of the Public Procurement Law.
4.12.3. The Contracting Authority shall assess the measures and their proof by the
Tenderer or a member of the general partnership, where the Tenderer is a
general partnership, considering the severity of the crime or offence and the
particular circumstances. The Contracting Authority is entitled to request the
competent authorities of the respective crime or offence to provide a statement
regarding the adequacy of measures undertaken by the Tenderer to restore the
reliability and to prevent such and similar cases in future.
4.12.4. Where the Contracting Authority is of the opinion that the measures undertaken
are sufficient to restore the reliability and to prevent such and similar cases in
future, it makes a decision not to exclude the respective Tenderer from the
procurement procedure. If the measures undertaken are not sufficient, the
Contracting Authority makes a decision to exclude the respective Tenderer
from the procurement procedure.
4.13. The Contracting Authority shall accept and acknowledge statements and other
documents, which are issued by competent authorities according to the cases stipulated
by the Public Procurement Law, if these are issued not earlier than 1 (one) month before
the date of submission.
4.14. Accepting the European Single Procurement Document:
4.14.1. The Contracting Authority shall accept the European Single Procurement
Document as an initial proof for the eligibility of qualification requirements
imposed on the Tenderer by the Tender. Where the Tenderer opts for submitting
the European Single Procurement Document in order to approve that it meets
the qualification requirements imposed on the Tenderer by the Tender
regulations, the Tenderer shall submit such a document also for each person, on
whose capabilities the Tenderer relies to prove its qualification meets the
requirements of the Tender documentation, and for the sub-contractor, whose
value of subcontracted services is at least 20 per cent of the procurement
contract value. Where the Tenderer is a partnership of suppliers, the Tenderer
shall submit an individual European Single Procurement Document for each of
its members.
4.14.2. The Tenderer is entitled to submit to the Contracting Authority the European
Single Procurement Document, which was submitted within another
procurement procedure, if it approves that the information contained therein is
correct.
4.14.3. The templates of the European Single Procurement Documents are set by the
Commission Implementing Regulation (EU) 2016/7 of 5 January 2016
establishing the standard form for the European Single Procurement Document,
and can be found at: http://www.iub.gov.lv/lv/node/587.
5. Tenderers' qualification requirements
5.1. The Tenderers shall meet the following qualification requirements as to its compatibility
to undertake the professional activity, economic and financial condition, or technical and
professional skills, and shall submit the following documents:
No. Qualification requirements to Tenderers Documents to be submitted 1. Requirements as the the compatibility of
the tenderer to undertake professional
activity
1.1. For its economic activities, the Tenderer is Tenderers registered in the Republic of
12
registered according to statutory provisions. The requirements apply to the general
partnership and each member of the general
partnership (where the bid is submitted by a
general partnership) or each member of the
partnership of suppliers (where the bid is
submitted by a partnership of suppliers),
and to sub-contractors and persons, on
whose capabilities the Tenderer relies to
meet the qualification requirements as to
the compatibility of Tenderer to undertake
professional activity, economic and
financial conditions, or technical and
professional skills (if the Tenderer
envisages to employ sub-contractors or
persons, on whose capabilities it relies).
Latvia – the Contracting Authority shall
acquire information from a system set
by the Cabinet of Ministers, whether or
not the Tenderer is registered according
to statutory provisions. A foreign Tenderer shall submit a
document (original or copy) issued by a
respective competent authority abroad,
which proves that the Tenderer is
registered according to statutory
provisions (the Tenderer holds legal
capacity to act).
1.2. The official of the Tenderer, who has
signed the bid documents, holds signatory
(representation) rights. The requirements apply also to the general
partnership and each member of the general
partnership (where the bid is submitted by a
general partnership) or each member of the
partnership of suppliers (where the bid is
submitted by a partnership of suppliers),
and to sub-contractors and persons, on
whose capabilities the Tenderer relies to
meet the qualification requirements as to
the compatibility of Tenderer to undertake
professional activity, economic and
financial conditions, or technical and
professional skills (if the Tenderer
envisages to employ sub-contractors or
persons, on whose capabilities it relies).
Persons from Latvia – the Contracting
Authority will check public data bases,
whether the official of a Tenderer, who
has signed the bid documents, holds
signatory (representation) rights.
For foreign persons an original
document or a copy thereof issued by a
respective competent governmental
authority proving the official of the
Tenderer, who has signed the
application documents or who has issued
a proxy to sign application documents,
holds signatory (representation) rights,
has to be submitted.
Where the bid is signed by a person,
who does not hold signatory
(representation) rights, the Tenderer
shall issue a proxy by a person holding
signatory rights authorising another
person to sign the bid, if it will be signed
by this authorised person. 2. Requirements as to the economic and
financial condition of the Tenderer
2.1. The average annual net financial turnover
of the Tenderer for the last 3 (three) years
(2014, 2015, and 2016) equals to at least
EUR 50,000.00 (fifty thousand Euro and 00
cents). Where the Tenderer is a group of suppliers,
the total turnover sum of all members of the
group represents the relevant turnover
value. Where a Tenderer (including a member of a
partnership) has been established later, the
financial turnover shall be met for the
shorter period respectively.
Filled-in and signed template of Annex
4 of regulations with an attached copy of
the profit or loss balance for each year,
or a similar document about the
financial turnover of the tenderer. Profit or loss balance for 2016 may be
submitted according to operational
financial data.
3. Requirements as to technical and
13
professional capacity of the Tenderer
3.1. During the last 3 (three) years (i.e., 2014,
2015, 2016 and 2017 until the bid
submission day) the tenderer has carried out
at least 5 (five) cultural heritage inventories
and/or studies of cultural monuments of
national or local value*, which have been
carried out in the territory of Latvia or
regions of similar features of cultural
heritage monuments, circumstances and
findings.
Filled-in and signed table of the
experience of tenderer, which is drafted
according to Annex 5 of regulations.
3.2. During the last 3 (three) years (i.e., 2014,
2015, 2016 and 2017 until the bid
submission day) the tenderer has carried out
at least 5 (five) archaeological study works,
which have been carried out in the territory
of Latvia or regions of similar features of
cultural heritage monuments, circumstances
and findings.
Filled-in and signed table of the
experience of tenderer, which is drafted
according to Annex 5 of regulations.
3.3. For the performance of the Contract the
following staff is at the disposal of the
Tenderer: 3.2.1. at least 2 (two) persons holding the
right to receive a work permit issued by
VKPAI to study cultural monument and
where each of these persons during the last 3
(three) years (i.e., 2014, 2015, 2016 and
2017 until the bid submission day) have
carried out at least 1 (one) cultural heritage
inventory and/or study of cultural
monuments of national or local value*,
which has been carried out in the territory of
Latvia or regions of similar features of
cultural heritage monuments, circumstances
and findings;
3.2.2. at least 2 (two) persons holding the
right to receive a permit issued by VKPAI
to management of archaeological works and
where each of these persons during the last
3 (three) years (i.e., 2014, 2015, 2016 and
2017 until the bid submission day) have
carried out at least 1 (one) archaeological
study work, which has been carried out in
the territory of Latvia or regions of similar
features of cultural heritage monuments,
circumstances and findings;
3.2.3. at least 2 (two) persons of an
architect practice right holding the right to
receive a work permit issued by VKPAI to
study cultural monument and where each of
these persons during the last 3 (three) years
(i.e., 2014, 2015, 2016 and 2017 until the
bid submission day) have carried out at
least 1 (one) cultural heritage inventory
CV of the staff proposed by the
Tenderer according to the template in
Annex 6 of the Regulations with
attached statements by the VKPAI that
the persons of the republic of Latvia are
entitled to receipt of the respective
permits. For an architect in the Republic of
Latvia – valid certificate of practising
architect. For the respective foreign person, a
statement issued by the respective
foreign authority shall be submitted,
which approves that the respective
person in its country of residence holds
the right to receive permits to carry out
the works listed below, or a document,
which approves that the respective
person is entitled to: a) to carry out cultural monument study
works b) to carry out archaeological study
works c) to provide services as an architect. For the respective foreign person, the
Tenderer shall submit a statement that in
case the procurement contract will be
concluded with the Tenderer, the
respective foreign person: 1) will receive a work permit issued by
the VKPAI to study the cultural
monument during the term of the
procurement contract; 2) will receive a work permit issued by
the VKPAI to manage the
14
and/or study of cultural monuments of
national or local value*, which has been
carried out in the territory of Latvia or
regions of similar features of cultural
heritage monuments, circumstances and
findings.
To meet the requirements of Clause 3.2.1,
the tenderer may also offer experts meeting
the requirements of Clause 3.2.3 hereof.
archaeological study works during the
term of the procurement contract; 3) the architect, no less than within five
days after the conclusion of the
framework agreement, according to
statutory procedures will submit a
declaration to the recognising body
about short-term provision of
professional services in a regulated
(architect's) profession in the Republic
of Latvia.
*
The listed objects shall be included on the
list of state protected cultural monuments
according to the Cabinet of Ministers
regulations „Regulations regarding the
Registration, Protection, Utilisation and
Restoration of Cultural Monuments, the
Right of First Refusal of the State and the
Granting of the Status of an Environment-
Degrading Object“ of 26/08/2003 or be of
a similar status, if the works are carried out
abroad.
6. Technical Offer
6.1. The technical offer is drafted by the Tenderer according to the Annex 2 „Technical
specification“ of the Regulations.
6.2. The Technical offer shall be attached a preliminary understanding by the tenderer about
the performance of envisaged works according to the template provided in Annex 9 of
the Regulations.
6.2. The technical offer is signed by a authorised signatory of the Tenderer or a person
authorised by him.
6.3. The Tenderer shall submit only one alternative of the technical offer.
7. Financial Offer
7.1. The financial offer shall be drafted according to the financial offer template (Annex 8 of
the Regulations).
7.2. All prices on the financial offer shall be indicated in euro (EUR), excluding value added
tax (hereinafter – VAT).
7.3. The Tenderer shall submit only one alternative of the financial offer.
7.4. Besides the financial offer, the Tenderer shall submit also printouts from the electronic
declaration system of State Revenue Service regarding the average hourly rates of the
Tenderer and its listed sub-contractors (if applicable) by the profession groups for the
first three quarters of the year over a period of the last four quarters of the year until bid
submission date. In case the overview from the electronic declaration system of State
Revenue Service regarding the respective period of time demonstrates any discrepancies,
to submit an explanation of the difference between the employees' average hourly rates
by profession groups and the data collated by State Revenue Service on the employees'
average hourly rates by profession groups.
8. Bid selection criteria, assessment criteria, and assessment procedure
15
8.1. Bids submitted according to procedures stipulated by the regulations and in time, shall be
assessed in a 4 (four) stage procedure:
8.1.1. Stage 1 – Verification of the bid design
8.1.1.1. Commission checks the compatibility of the bid design with the
requirements under 1.12 of the Regulations.
8.1.1.2. Where the commission establishes non-compatibility with any of the bid
design requirements, the commission shall decide on passing the bid to next bid
assessment steps;
8.1.2. Stage 2 – Verification of the Tenderer's qualification
8.1.2.1. The commission checks, whether the Tenderer complies with
qualification requirements under Section 5 herein.
8.1.2.2. Where the Tenderer fails to submit any document of those listed in the
regulations or required by the commission according to Section 5 herein, or where
their content does not comply with the requirements of the regulations, the
commission shall decide on passing the bid to next bid assessment steps,
considering Article 45(1) of the Public Procurement Law.
8.1.3. Stage 3 – Verification of compatibility of technical and financial offer
8.1.3.1. The commission checks the compatibility of the Tenderer's Technical
offer with the requirements of the regulations, and whether there are no
mathematical errors in the financial offer.
8.1.3.2. Where the commission establishes mathematical errors, it shall re-
calculate the sums and apply the corrected sums in the next steps of bid
assessment. Any corrections made due to mathematical errors shall be notified by
the commission to the Tenderer.
8.1.3.3. Where the commission establishes non-compatibility of the technical
offer by the Tenderer with the requirements of regulations, the commission shall
decide on passing the bid to next bid assessment steps.
8.1.3.4. The commission shall check, whether the offered price is not below a
justifiable minimum threshold.
8.1.3.5. Where the commission establishes that the offer is below a justifiable
minimum threshold, before rejecting it, it shall request in writing a detailed
explanation on the key offer provisions.
8.1.3.6. The commission is obliged to check, whether the offered price is not
below a justifiable minimum threshold, if it establishes that the average hourly rate
of employees of the Tenderer or its listed sub-contractors for at least one
profession groups during the first three quarters of the year during the last four
quarters of the year until bid submission day is by 80 per cent less (or is below the
statutory minimal hourly rate) of the employee's average hourly rate for the
respective profession group in the country for the respective period according to
data collated by State Revenue Service published on the website of State Revenue
Service. Where the Tenderer is registered as a taxpayer during the last four
quarters of the year until bid submission day, the commission considers the
employees' average hourly rate for the period from the next month following the
month of registration until the bid submission day.
16
8.1.3.7. To establish the difference between the employees' average hourly rate
for profession groups indicated by the Tenderer and its listed sub-contractor and
data collated by State Revenue Service on the employees' average hourly rate for
profession groups, the commission will request a statement from the State Revenue
Service to attest the validity of employees' average hourly rate for profession
groups indicated by the Tenderer and its listed sub-contractor considering the
economic activity undertaken by the Tenderer and its listed sub-contractors.
8.1.4. Stage 4 – selection of bids according to the bid selection criterion and
decision-making about the granting of rights to conclude the contract
8.1.4.1. The bid selection criterion is a bid of the lowest price.
8.1.4.2. A Tenderer, who shall be granted the rights to conclude the contract, is
assigned by the commission, based on the fact it complies with all
requirements of the regulations and has offered the lowest price.
9. Framework agreement
9.1. Conclusion of the Framework Agreement.
9.1.1. The Contracting Authority will conclude a framework agreement with no more
than 7 (seven) preferred Tenderers, based on the bid by the selected tenderer
and according to the draft framework agreement (Annex 10 of the regulation).
9.1.2. Where the Tenderer refuses to conclude the framework agreement with the
Contracting Authority without a substantive reason within 10 (ten) business
days after the expiry of the waiting term under Article 67(4) of the Public
Procurement Law, or where the successful Tenderer withdraws its bid or does
not sign and submit to the Contracting Authority the framework agreement, or
the partnership of suppliers does not register their entity as a general
partnership within 15 (fifteen) business days after the expiry of the waiting term
under Article 67(4) of the Public Procurement Law, the commission shall opt
for the Tenderer with the next lowest price offered in the bid. If such does not
exist or if the next preferred Tenderer rejects to conclude the framework
agreement, the commission is entitled to reduce the number of Tenderers, with
whom to conclude the framework agreement, or to terminate the procurement
and to reject from concluding the framework agreement. Before deciding on the
contract conclusion with the next valid Tenderer, who offered the lowest price,
the Contracting Authority shall check, whether it shall not be deemed a single
market player together with the initially preferred Tenderer, who refused to
conclude the framework agreement with the Contracting Authority. If needed,
the Contracting Authority will request a statement and proof from the next
preferred Tenderer that it shall not be deemed a single market player together
with the initially preferred Tenderer.
9.1.3. Where the next Tenderer offering the cheapest price is deemed a single market
player together with the initially preferred Tenderer, the commission is entitled
to reduce the number of Tenderers, with whom to conclude the framework
agreement, or to decide to terminate the procurement and to reject from
concluding the framework agreement.
9.2. Replacement of sub-contractors and engagement of new sub-contractors in the fulfilment
of the framework agreement.
17
9.2.1. After the conclusion of the framework agreement or contract conclusion,
subject to Article 68 of the Public Procurement Law, the Tenderer is entitled to
replace the sub-contractor, on whose capabilities the tenderer relied to prove it
meets the qualification requirements, and staff, which has been engaged in the
fulfilment of the framework agreement, of whom it provided information to the
Contracting Authority and whose qualification was assessed for compatibility
by the latter:
9.2.1.1. The Tenderer selected in the procurement procedure is allowed to
replace the staff and sub-contractors without an approval from the
Contracting Authority, as well as involvement of additional staff and sub-
contractors in the fulfilment of the framework agreement and contract
fulfilment, except for cases stipulated by Article 9.2.1.2 and 9.2.1.4 herein.
9.2.1.2. After entering into the contract, the staff of the tenderer selected in the
procurement procedure, which has been involved thereby in
implementation of the framework agreement or the contract, regarding
which it has provided information to the Contracting Authority and the
conformity of the qualification of which with the requirements brought
forward has been assessed by the Contracting Authority, as well as the sub-
contractors on whose capabilities it has relied to certify that the
qualification thereof conforms to the requirements of the regulations, shall
be replaced only with a written consent of the Contracting Authority
subject to Article 9.2.1.3 herein.
9.2.1.3. The Contracting Authority shall not approve of the replacement of an
expert or sub-contractor under Article 9.2.1.2 herein, provided any of the
conditions exists:
9.2.1.3.1. the staff or sub-contractor proposed by the supplier does not meet
the requirements specified in the procurement procedure documents,
which refer to the staff or sub-contractors of the supplier;
9.2.1.3.2. the sub-contractor, on whose abilities the Bidder selected in the
procurement procedure has relied on to certify that the qualification
thereof conforms to the requirements specified in the procurement
procedure documents, is being replaced, and the proposed sub-
contractor does not have at least the same qualification as the one,
on which the Bidder selected in the procurement procedure has
relied, to certify that the qualification thereof conforms to the
requirements specified in the procurement procedure;
9.2.1.3.3. the proposed sub-contractor meets the Tenderers' exclusion
provisions specified by Article 39¹(1) of the Public Procurement
Law. By checking the eligibility of a sub-contractor, the Contracting
Authority shall apply the provisions of Article 39¹(1) of the Public
Procurement Law. Terms specified by Article 39¹(4) of the Public
Procurement Law are deemed started from the day, when the request
on the replacement of staff or sub-contractor is submitted to the
Contracting Authority.
9.2.1.4. The tenderer selected in the procurement procedure may replace the
sub-contractors as specified in Article 20(2) of the Public Procurement Law,
which are not subject to provisions of Clause 9.2.1.2 herein, and
18
involvement of sub-contractors meeting the said criteria at a later stage of
framework agreement and contract fulfilment, if the Tenderer selected in the
procurement procedure has notified the Contracting Authority and has
received a written consent from the latter to allow the replacement of a sub-
contractor or to allow the involvement of a sub-contractor. The Contracting
Authority approves the replacement of a sub-contractor or the involvement
of a new sub-contractor in framework agreement and contract fulfilment, if
the proposed sub-contractor does not comply with the Tenderers' exclusion
provisions as specified in Article 39¹(1) of the Public Procurement Law,
which is verified by the Contracting Authority considering the provisions of
Clause 9.2.1.3.3 herein.
9.2.2. The Contracting Authority makes a decision regarding the approval or rejection
of replacement of the Tenderer's selected in the procurement procedure staff or
sub-contractor or the involvement of new sub-contractor in framework
agreement and contract fulfilment as soon as possible, but not later than within
5 (five) business days after it has received all information and documents
necessary to make the decision and according to provisions of Clause 9.2
herein.
10. Rights and duties of the commission
10.1. Rights of the commission:
10.1.1. to invite independent experts for an expertise;
10.1.2. to check the relevant information at a competent authority, public data base or
other public sources, if it is necessary for the verification of the bid compatibility,
Tenderers' selection, assessment and comparison on bids;
10.1.3. to invite the Tenderer to provide clarified information about its bid, if it is
necessary for the verification of the bid design, Tenderers' selection, verification of
the bid compatibility, assessment and comparison on bids;
10.1.4. to amend the regulations according to statutory provisions;
10.1.5. to invite the group of persons, which has been decided upon as the preferred
Tenderer, to merge, considering the required legal status;
10.1.6. according to statutory provisions, to decide on the procurement suspension,
provided there is an objective justification, or termination thereof;
10.1.7. during the course of bid assessment, the commission is entitled to invite the
Tenderer to explain information contained within its bid;
10.1.8. to undertake any other measures arising out of the laws and regulations in relation
to the regulations and the procurement process.
10.2. Duties of the commission:
10.2.1. to organise the tender and register all and any activities in relation to it in paper;
10.2.2. to ensure free competition of Tenderers, and an equal and fair treatment of these;
10.2.3. following a request by the Tenderers according to lawful order to provide
information about the regulations;
10.2.4. to assess the Tenderers and their bids according to laws and regulations;
10.2.5. to inform all Tenderers at a time about the decision taken regarding the granting of
contract conclusion rights subject to the procedure and terms stipulated by Public
Procurement Law.
19
11. Rights and duties of the Tenderer
11.1. Rights of the Tenderer
11.1.1. before expiry of the bid submission deadline, to amend or withdraw its
submitted bid.
11.1.2. to participate in the bid opening meeting.
11.1.3. to submit an application about violation of the procurement procedure
according to Article 83 of the Public Procurement Law.
11.1.4. other rights of a tenderer stipulated by Public Procurement Law, the present
regulations and valid Latvian law.
11.2. Duties of the Tenderer
11.2.1. to submit the bids according to requirements of the regulations.
11.2.2. to provide true information.
11.2.3. to provide answers to requests by the procurement commission regarding extra
information relevant for the Tenderers' selection, verification of the bid
compatibility and selectin of bids.
11.2.4. cover all and any costs in relation to preparation and submission of the bid
irrespective of the open tender outcome.
11.2.5. other obligation of a tenderer stipulated by Public Procurement Law, the
present regulations and valid Latvian law.
12. Attachments:
12.1. Annex 1 – Application for participation in the tender;
12.2. Annex 2 – Technical specification;
12.3. Annex 3 – Statement the bid was elaborated independently;
12.4. Annex 4 – Information about the financial turnover of Tenderer;
12.5. Annex 5 – Tenderer's list of experience;
12.6. Annex 6 – CV template for the staff proposed by the Tenderer;
12.7. Annex 7 – List of sub-contractors;
12.8. Annex 8 – Financial offer template;
12.9. Annex 9 – Preliminary understanding of the tenderer about the performance of
envisaged works (template);
12.10. Annex 10 – Draft framework agreement.
20
Procurement identification No. EDZL 2017/1 CEF
Annex 1
Application for participation in open tender “Identification and study of cultural heritage within the compartment zone of Rail Baltica line
in Latvian territory “
Tenderer
Firm
Registration No.
Registered address
Mailing address (if different from above)
Phone, Fax
Bank details
Authorised person to represent the tenderer
with the submission of this bid, the Tenderer:
- approves its participation in the open tender „Identification and study of cultural
heritage within the compartment zone of Rail Baltica line in Latvian territory “
(procurement identification No. EDZL 2017/1 CEF);
- undertakes to observe the requirements of the open tender regulations and accepts the
provisions of the regulations;
- approves it accepts the draft contractual provisions of the framework agreement and
Service agreement attached to the regulations, and in case of Framework agreement
award it is ready to conclude the framework Agreement with the Contracting Authority
according to the Draft Framework agreement wording;
- approves the relevant resources needed to carry out the services under the Technical
specification and according to requirements of the regulations are at its disposal;
- guarantees all and any information contained within the bid is true.
_____ ___________ 2017
_____________________________________________________________________ (signature, name, surname of the person, who is entitled to represent the tenderer, or a person authorised by
him (attach original or an approved copy of the letter of authorisation)
21
Procurement identification No. EDZL 2017/1 CEF
Annex 2
Technical specification
Open tender „Identification and study of cultural heritage within the compartment zone of Rail
Baltica line in Latvian territory “
Explanations of terms used in this document:
Identification of cultural values – visual site-visits to territory to be inspected and use
of relevant methods to identify and preliminary study possible cultural values,
including archaeological, architectural and urban construction, art, industrial values,
and sites of historical events to a degree, which allows preparing the information about
the value of discoveries and recommendations regarding further steps their protection,
transformation or in-depth study.
Cultural heritage inventory and/or study thereof – in-depth study of architectural and
industrial monuments in order to determine the cultural heritage value and technical
condition of the objects, and the value and relevance of individual parts within these in
order to draft detailed recommendations for the Contracting Authority for the
protection and transformation thereof.
Archaeological study – archaeological trial excavations and archaeological excavations
aimed at the identification of preserved archaeological evidence, and if such are
discovered to study these completely.
1. The approved route of Rail Baltica railway line crosses Latvia for 263 km, and the
partition zone of the route is set 60 m wide. At several sites the related infrastructure shall
be built along the route within a wider zone. To determine the route location and its impact
on environment, prior to route alignment approval, an Environmental Impact Assessment
was carried out, after the completion of which the route alignment in Latvia was approved
in August 2016 with the Cabinet of Ministers decision (Cabinet of Ministers decision No.
467 „About the acceptance of intended activity for the construction of European gauge
public use railway infrastructure line“). The envisaged railway infrastructure was granted
the status of an object of national interest (Cabinet of Ministers Decree No. 468 „About the
granting of the status of an object of national interest to the European gauge public use
railway infrastructure Rail Baltica“). According to the programme issued by the State
Environmental Bureau, the Environmental Impact Assessment assessed the cultural
heritage relevance by collating information available from archives, databases and
literature sources, and by carrying out on-site visits. Before commencing the construction
of the railway infrastructure, the identification of cultural values within the envisaged work
area shall be ensured according to the Law On Protection of Cultural Monuments of
12/02/1992 and according to Cabinet of Ministers regulations No. 474 „Regulations
regarding the Registration, Protection, Utilisation and Restoration of Cultural Monuments,
the Right of First Refusal of the State and the Granting of the Status of an Environment-
Degrading Object“.
The documents of works carried out so far are available online:
The programme for the Environmental Impact Assessment of the construction of
European gauge public use railway infrastructure line “Rail Baltica”:
http://bit.ly/2ltWf8Z
Environmental Impact Assessment: http://bit.ly/2kSXc78
22
Statement by the State Environmental Bureau:
http://www.vpvb.gov.lv/lv/?id=1178
Rail Baltica route alignment map: http://bit.ly/2lgw0Aj
2. The subject of the framework agreement is the right to provide the services of the
identification, inventory and/or study of cultural values, and/or study of archaeological
heritage within the partition zone of Rail Baltica and related infrastructure construction
areas within the Republic of Latvia preliminary in the following:
2.1. route sections:
2.1.1. Border of Estonia – Salaca;
2.1.2. Salaca – Kurliņupe;
2.1.3. Kurliņupe – Pēterupe;
2.1.4. Pēterupe – Silakrogs;
2.1.5. Silakrogs – Āgenskalns;
2.1.6. Āgenskalns – Daugava;
2.1.7. Daugava – Iecava station;
2.1.8. Iecava station – border of Lithuania;
2.2. archaeological objects:
2.2.1. direct proximity and protection belt of castle mound Sakaiņu within the partition zone
of the route;
2.2.2. protection belt of Murjāņi old graveyard within the partition zone of the route;
2.2.3. protection belt of Tiniņkalns old graveyard within the partition zone of the route;
2.2.4. protection belt of castle mound Daugmale within the partition zone of the route;
2.2.5. and other;
2.3. architectonic and industrial objects:
2.3.1. railway bridge over the river Mazā Jugla;
2.3.2. Torņakalns station building;
2.3.3. Railway overpass over Gogoļa Street;
2.3.4. Overpass over Altonava Street;
2.3.5. Overpass over Torņakalna Street;
2.3.6. and other.
3. Following the framework agreement, the Contracting Authority undertakes to supply the
Contractor with:
3.1. results of studies carried out previously within the project;
3.2. updated information about the technical solutions of the Project;
3.3. Mapping data in shapefile format;
3.4. Airborne terrestrial laser scanning data (LIDAR);
3.5. Information about property ownership, existing and envisaged consents for the
performance of works;
3.6. particular technical specifications for the performance of works.
4. According to the statutory provisions the Contracting Authority is subject to and
according to the technical solutions of the Project, the Contractor undertakes to:
4.1. To carry out identification of existing cultural values within the partition zone of the
route, and within the terms set by the Contracting Authority to ensure also:
4.1.1. to carry out LIDAR data analysis and use these on-site, and to carry out surveying
according to LKS 92 coordinate system,
23
4.1.2. to draft and communicate the schedule of works and timeframe with the Contracting
Authority,
4.1.3. to provide information to the State Inspection for Heritage Protection (hereinafter–
VKPAI) about the scheduled works and methods to be applied, and, if necessary, to
receive a VKPAI permit for works,
4.1.4. to communicate and receive consent from property owners to carry out planned works,
4.1.5. to get permits from respective authorities,
4.1.6. to collate information about the historical, scientific, and artistic value of a monument,
to undertake visual site-visits, test drilling, sounding, doing test digging, use of metal
detectors or other appropriate methods according to Contracting Authority's
instructions for the particular work assignment.
4.1.7. to take photos and record in writing the identification process and the discoveries, to
prepare mapping materials, GPS files of inspected routes, including with reference to
coordinates of the discoveries,
4.1.8. to provide information to Contracting Authority and respective authorities according to
statutory provisions in cases, when the remains of WWI and WWII soldiers or
explosive items are found,
4.1.9. in case of need – to identify cultural values underwater of due quality according to
Contracting Authority's instructions for the particular work assignment by preparing
GPS route files with the coordinates of fixed structures and findings, if such exist. To
carry out the works for the particular contract, experts of relevant qualification and
technical resources shall be engaged.
4.1.10. to submit monthly progress reports to the contracting authority, including at least the
following information:
4.1.10.1. report on the compatibility of performed works with the schedule of works
and timeframe,
4.1.10.2. data about cultural heritage value findings and recommendations as to the
further actions to be taken regarding these,
4.1.11. to draft and submit brief report about the key results of the works to VKPAI, the
respective municipality, monument owner or manager and other authorities in charge,
by including a description of the inspection results with a reference to the assessment
of the significance of the detected cultural heritage values, enclosing the mapping and
visual materials within no later than 30 (thirty) days after completion of field works,
4.1.12. to draft a full review of works to the Contracting Authority, including full description
of findings, mapping material of the location, assessment of the cultural heritage
value, and a general illustrative material, which describes the findings, within no later
than 90 (ninety) days after the completion of field works,
4.1.13. to draft a full review of works to VKPAI according to Article 31 of the Cabinet of
Ministers regulations No. 474 „Regulations regarding the Registration, Protection,
Utilisation and Restoration of Cultural Monuments, the Right of First Refusal of the
State and the Granting of the Status of an Environment-Degrading Object“ and the
approved schedule of works.
4.2. to carry out inventory and/or study of cultural heritage for the railway bridge over
the River Mazā Jugla, railway overpass over Gogoļa Street, Torņakalns station
building, overpass over Altonavas Street, overpass over Torņakalna Street and other
objects, and within the terms stipulated by the Contracting Authority to ensure also:
4.2.1. the drafting and communication of the schedule of works and timeframe with the
Contracting Authority and VKPAI,
24
4.2.2. to communicate and receive consent from property owners to carry out planned
works,
4.2.3. to get permits from respective authorities,
4.2.4. to exactly record the condition of objects and to prepare measurement printouts
according to the requirements of a particular work assignment,
4.2.5. in case of need, to survey the object by means of 3D laser scanning method with a
precision no less than 5 cm and to prepare an 3D model. To carry out the works for
the particular contract, experts of relevant qualification and technical resources shall
be engaged.
4.2.6. to submit monthly progress reports to the contracting authority, including at least the
following information:
4.2.6.1. report on the compatibility of performed works with the schedule of works
and timeframe,
4.2.6.2. data about the condition of cultural heritage values and recommendations as
to the further actions to be taken regarding these,
4.2.7. to draft a brief report about the key results of the works to the Contracting Authority,
VKPAI, the municipality, monument owner or manager and other authorities in
charge, by including a description of the inspection results, enclosing the
measurement printouts and photos within no later than 30 (thirty) days after
completion of field works,
4.2.8. to draft a full overview of works to the Contracting Authority, by enclosing the
surveying data, measurement printouts, photos, conclusions and recommendations to
Contracting Authority for the design works according to the instructions of a
particular work assignment within no less than 90 (ninety) days after the completion
of field works,
4.2.9. to draft a full review of works to VKPAI according to Article 31 of the Cabinet of
Ministers regulations No. 474 „Regulations regarding the Registration, Protection,
Utilisation and Restoration of Cultural Monuments, the Right of First Refusal of the
State and the Granting of the Status of an Environment-Degrading Object“ of
26/08/2003 and the approved schedule of works,
4.3. archaeological excavations within the route section within the protection belt of castle
mound Sakaiņu, Murjāņi old graveyard and Tiniņkalna old graveyard and within other
potential objects according to Contracting Authority's instructions for the particular
work assignment aiming to identify the remained archaeological evidence, if such are
discovered, by carrying out full study thereof, and within the terms set by the
Contracting Authority to ensure also:
4.3.1. to draft and communicate the schedule of archaeological works with VKPAI, and to
get a permit for the management of archaeological study works,
2.1.1. to communicate and receive consent from property owners to carry out planned
works,
2.1.2. to get permits from other relevant authorities to carry out the works, if applicable,
2.1.3. to take photos and record in writing the study process and the discoveries, to prepare
mapping materials, GPS files of inspected routes, including with reference to
coordinates of the findings,
2.1.4. to submit monthly progress reports to the contracting authority, including at least the
following information:
2.1.4.1. report on the compatibility of performed works with the schedule of works and
timeframe,
25
2.1.4.2. data about cultural heritage value findings and recommendations as to the further
actions to be taken regarding these,
2.1.5. to draft a brief report to VKPAI, the municipality, monument owner or manager and
other authorities in charge, by including a description of the excavation results with
a reference to the assessment of the significance of the detected cultural heritage
values, enclosing the mapping and visual materials within no later than 30 (thirty)
days after completion of field works,
2.1.6. to draft a full overview of study works and documentation to Contracting Authority
as a roadmap for further actions with the findings from the study within no less than
90 (ninety) days after the completion of field works,
2.1.7. to draft a full review of works to VKPAI according to Article 31 of the Cabinet of
Ministers regulations No. 474 „Regulations regarding the Registration, Protection,
Utilisation and Restoration of Cultural Monuments, the Right of First Refusal of the
State and the Granting of the Status of an Environment-Degrading Object” of
26/08/2003 and the approved schedule of works.
__________________________________________________________________ (signature, name, surname of the person, who is entitled to represent the tenderer, or a person authorised by him
(attach original or an approved copy of the letter of authorisation)
26
Procurement identification No. EDZL 2017/1 CEF
Annex 3
Statement the bid was elaborated independently
Herewith, providing detailed and true information,
________________________________ Tenderer's/ bidders' title, Reg. No.
(hereinafter – Tenderer), in respect to the particular procurement procedure, approves that
1. the Tenderer has studied and accepts the content of the present statement.
2. The Tenderer is aware that it may be excluded from participation in the procurement
procedure, if it will be found out that the present statement is not detailed and true in any way.
3. The Tenderer has authorised each person, who has signed the procurement bid, to
sign this statement on behalf of the Tenderer.
4. The Tenderer informs that (as necessary, tick one or more of the following):
☐ 4.1. has submitted a bid independently from competitors1 and without having
consulted, entered contracts or agreements, or having made any other
communication with the competitors;
☐ 4.2. it has consulted, entered contracts or agreements, or has communicated in
other ways with the one or more competitors regarding this procurement, and
therefore the Tenderer attaches to this statement detailed and true information
about it, along with the titles of such competitors and the aim, subject matter
and content of such communication.
5. Except for cases, when the tenderer has notified about such communication
according to Clause 4.2 herein, the Tenderer has not communicated with any competitor about
the following:
5.1. prices;
5.2. price calculation methods, factors (circumstances) or formulas;
5.3. the intent or decision to participate or not to participate in this procurement
(to submit or not to submit a bid); or
5.4. submission of such bids, which do not comply with the procurement
requirements;
5.5. quality, scope, specification, performance, delivery or other conditions,
which shall be addresses irrespective of competitors, those products or services,
which are subject to the present procurement.
6. The Tenderer has not on purpose, either directly or indirectly, disclosed and will not
disclose the bid terms to any competitor before the official bid opening date and time or before
1 For the purposes of this statement, the term „competitor“ refers to any physical or legal entity, which is not the
Tenderer itself and which:
1) submits a bid under this procurement;
2) considering its qualification, capabilities and experience, and the offered goods or services, might submit a
bid under this procurement.
27
the contract conclusion rights are awarded, or it has been specially disclosed according to
Clause 4.2 herein.
7. The Tenderer is aware that according to the Competition Law there it can be fined
for prohibited agreements with up to 10% of the net turnover of the last financial year of the
guilty party, and according to the Public Procurement Law2 it may be excluded form
participation in procurement procedure for a period of 12 months. The exceptional case is
when the competent competition authority, having established an infringement of competition
law, has released the tenderer, who has cooperated with it within the Leniency Programme3
from the fine or has reduced the fine.
Date ______________
Address of the company _________________________________________
phone (fax) numbers ______________________________________
e-mail address ___________________________
Position, name and surname of the company manager or authorised person
_________________________________________
Signature _____________________________
(Remark: The Tenderer fills in the gaps on this template as necessary, and fills in the annex or uses it as a
template for the statement.)
Annex
Information about the communication by the Tenderer with other competitors related to
this procurement
No. Company-competitor, with whom
there has been communication
Type of communication, aim,
subject matter and content
[Title of the merchant, Reg. No.]
Date ______________
Address of the company _________________________________________
phone (fax) numbers ______________________________________
e-mail address ___________________________
Position, name and surname of the company manager or authorised person
_________________________________________
Signature _____________________________
2 Article 39.1 (1) Point 3 and (4) Point 2. 3 A Programme, within which a company, which is or was involved in a cartel, according to procedures stipulated
by Cabinet of Ministers regulations No. 796 „Procedures for the Determination of Fines for the Violations
Provided for in Section 11, Paragraph one and Section 13 of the Competition Law” of 29/09/2008, is completely
released from a fine, because it first voluntarily submits evidence on this infringement to the Competition
Council, or is reduced the fine, because it cooperates with the Competition Council to detect the infringement, if
compete release from the fine is not available.
28
Procurement identification No. EDZL 2017/1 CEF
Annex 4
Statement about financial turnover
Period of time (year) Net turnover, EUR
2014
2015
2016
Average turnover (total sum divided
by the number of respective years)
Attached: copies of the profit or loss balance for each listed financial year according to requirements of
Clause 2.1 under Section 5 „Qualification requirements to Tenderers” of the regulations.
I herewith approve that the actual financial turnover of _______________ (title of tenderer)
complies with the figures indicated in this statement and the provided information is true.
___________________________________________________________ (signature, name, surname of the person, who is entitled to represent the tenderer, or a person
authorised by him (attach original or an approved copy of the letter of authorisation)
29
Procurement identification No. EDZL 2017/1 CEF
Annex 5
Statement by the Tenderer regarding its experience
For the open tender “Identification and study of cultural heritage within the compartment
zone of Rail Baltica line in Latvian territory”
___________________________________________________________ (signature, name, surname of the person, who is entitled to represent the tenderer, or a person
authorised by him (attach original or an approved copy of the letter of authorisation))
No. Contracting
authority
(title, address,
contact
person,
phone)
Title of object Description of
service
State protection
number of the
cultural monument
(or similar
information about
foreign objects)
Duration of works
– year/months of
beginning-end
According to requirements of Clause 3.1 under Section 5 „Qualification requirements to
Tenderers“ of the regulations:
According to requirements of Clause 3.2 under Section 5 „Qualification requirements to
Tenderers“ of the regulations:
-------------
-------------
-------------
-------------
30
Procurement identification No. EDZL 2017/1 CEF
Annex 6
CV template of tenderer's staff
For the open tender “Identification and study of cultural heritage within the compartment zone
of Rail Baltica line in Latvian territory”
1. Surname:
2. Name:
3. Certificate No. (if relevant):
4. Education:
Educational establishment [date from – to] Degree/ diploma.
5. Language skills: Please indicate the level of proficiency from 1 to 5 (5 – excellent, 1 –
basic)
Language Reading Speaking Writing
6. Current employee and position:
7. Main qualification (relevant for the service provision):
8. Career experience:
Date from – to
(month/ year)
Enterprise Area of
business
Title and description of project/work/object to prove
all requirements under Clause3.3 of the regulations
„Qualification requirements to Tenderers“ for the
respective expert are met, indicating the Contracting
Authority, its contact person and contact information
9. Any other significant information, which describes the qualification and
experience of the expert and is relevant for the service provision:
10. Statement:
I, the undersigned, approve the present CV contains truthful information about me, my
knowledge, qualification, and experience. I understand that the provision of false
information here may be the reason for non-conformity and rejection of the present bid.
I agree to participate in this open tender for the provision of listed services as an expert
proposed by the tenderer <title of the tenderer>. Should the tenderer be selected as the
preferred bidder, I approve that I can and wish to deliver this work in the expert role
assigned to me, and which is the reason my CV is attached.
_____________________________
[Expert signature]
Date..........................
31
Procurement identification No. EDZL 2017/1 CEF
Annex 7
Sub-contractors and information about persons, on whose capabilities the tenderer relies
„Identification and study of cultural heritage within the compartment zone of Rail Baltica line
in Latvian territory “
* The Tenderer lists all sub-contractors, who are engaged on a permanent basis to deliver the works and the
share of whom for the works is at least 20%.
No. Description Sub-contractor/ expert, on whose
capabilities the tenderer relies
1. Name, registration No. (or name,
surname, personal ID No.)
2. Registered address:
3. Contact:
4. Phone, e-mail:
5. Status in the offer (sub-contractor or an
entity (expert), on whose capabilities
the tenderer relies)
6. Brief description of the works to be
assigned to the sub-contractor/ partner
7. Share of works to be assigned (%)
______________________________________________________________ (signature, name, surname of the person, who is entitled to represent the tenderer, or a person
authorised by him (attach original or an approved copy of the letter of authorisation)
32
Procurement identification No. 2017/1 CEF
Annex 8
Financial Offer
Open tender „Identification and study of cultural heritage within the compartment zone of Rail
Baltica line in Latvian territory “
We herewith offer to provide inspection and study of cultural heritage and/or works to
study archaeological heritage within the partition zone of Rail Baltica route, section in Latvia,
according to requirements of the Technical specification (Annex 2 of Regulations) and
according to the draft framework agreement for the price of:
No. Description of works Man-day rate, excl.
VAT, EUR
1. Route scoping works
2. Inventory and works to study cultural heritage
3. Archaeological excavation works
4. Works to identify cultural values underwater
5. Surveying of buildings and industrial monuments by
means of 3D laser scanning, preparation of the 3D
model
Offered price EUR, excl. VAT
*The man-day rate covers all and any costs related to the complete fulfilment of Works under
the present Contract, including, but not limited to the costs for works and labour, machines,
tools and transport, work organisation, equipment for health and safety measures, taxes (excl.
VAT), insurance and guarantee costs, costs related to drafting all relevant documents, receipt
of all relevant approvals and permits, including works, products, materials, equipment and
devices not listed under the Contract, but are needed to properly fulfil the Service of due
quality and in time.
______________________________________________________________ (signature, name, surname of the person, who is entitled to represent the tenderer, or a person
authorised by him (attach original or an approved copy of the letter of authorisation)
33
Procurement identification No. EDZL 2017/1 CEF
Annex 9
Preliminary understanding of the tenderer about the performance of envisaged works
“Identification and study of cultural heritage within the compartment zone of Rail Baltica line
in Latvian territory “
Work to be done General description of
methods to be applied to
the performance of works
General description of
technical resources
available for the
performance of works
LIDAR data analysis, use of LIDAR data
on site, surveying within the LKS 92
coordinate system
Identification of cultural values
Inspection of cultural values underwater
Cultural heritage inventory and study
Archaeological excavations
Recording and demonstration of the
Works process and findings to
Contracting Authority
_____________________________________________________________________ (signature, name, surname of the person, who is entitled to represent the tenderer, or a person authorised by him
(attach original or an approved copy of the letter of authorisation)
34
Procurement identification No. EDZL 2017/1 CEF
Annex 10
FRAMEWORK AGREEMENT No. ________
about the identification and study of cultural heritage within the compartment zone of
Rail Baltica line in Latvian territory
Riga,
___ _________ 2017 ______________
SIA “Eiropas dzelzceļa līnijas”, joint registration No.40103836785, (hereinafter –
Contracting Authority), represented by its ___________________ according to
__________________, on one hand,
and
____________, registration No.____________, represented by its ______________________,
according to_____________,
____________, registration No.____________, represented by its ______________________,
according to_____________,
____________, registration No.____________, represented by its ______________________,
according to_____________,
____________, registration No.____________, represented by its ______________________,
according to_____________,
____________, registration No.____________, represented by its ______________________,
according to_____________,
according to the result of the procurement procedure: ________________, procurement
identification No. ______________, conclude the following framework agreement,
1. TERMS USED
1.1. Contracting Authority - SIA „Eiropas dzelzceļa līnijas”, joint registration No.
40103836785, registered address: 3 Gogoļa Street, Rīga, LV-1050, actual address: 12
Maskavas Street, Rīga, LV-1050.
1.2. Contractor No.1 - ____________________________.
1.3. Contractor No.2 - ____________________________.
1.4. Contractor No.3 - ____________________________.
1.5. Contractor No.4 - ____________________________.
1.6. Contractor No.5 - ____________________________.
1.7. Contractor – Contractor No.1, Contractor No.2, Contractor No.3, Contractor No.4 or
Contractor No.5.
1.8. Contractors – Contractor No.1, Contractor No.2, Contractor No.3, Contractor No.4 or
Contractor No.5.
1.9. Party – Contracting Authority or Contractors.
1.10. Parties – Contracting Authority or Contractors.
1.11. Procurement – Contracting Authority's launched open tender “______________”,
35
procurement identification No. ____________________.
1.12. Agreement – the present framework agreement and all its annexes entered by and
between the Parties.
1.13. Contract – a contract, which is concluded by and between the Contracting Authority and
Contractor about the performance of Works at a particular Object/-s. The draft contract is
attached as Annex 4 of this Agreement.
1.14. Object/-s – land unit/-s ir real estate or buildings (or structures) within the partition zone
and related infrastructure of the European gauge public use railway infrastructure line
“Rail Baltica” route.
1.15. Works – identification of cultural values at the Object, heritage inventory and/or study
of cultural monuments at the object, archaeological excavation a the Object, considering
the provisions of Agreement, Technical specification, Contract, requirements of the
Contracting Authority, and the laws and regulations valid in the republic of Latvia.
1.16. Amount of Agreement – maximum lump sum excluding VAT, which the Contracting
Authority can pay to the Contractors during the whole term of the Agreement for the
complete and duly performed Works. The Amount of Agreement includes all costs
related to the performance of Works, including costs for the purchase of materials and
equipment, acquiring consents ad information, transport, taxes, excluding VAT, relevant
costs, and costs for works, which are not directly included, but whose need for their
performance or use arises out of the subject matter of Agreement and/or scope, and
whose performance and use might be necessary to complete the Works.
1.17. Contract fee - the total sum indicated in the Contract for the performance of Works at
all Objects indicated in the Contract, excluding VAT.
1.18. VAT – value added tax.
1.19. Force majeure circumstances – circumstances and events, which could neither be
foreseen, nor prevented, nor affected by the Parties, including acts of God, floods, earth
quake, and other natural phenomena, war and warfare, and other circumstances, which
occurred after the effective date of the Agreement and which hinder or prohibit from
meeting the liabilities of the Agreement. Force majeure circumstances are not deemed
the fact that the Contractor does not any more hold valid certificates relevant to meet the
obligations of the Agreement.
2. SUBJECT OF AGREEMENT AND DEADLINE
2.1. The Agreement lays down the procedures, how the Contracting Authority will select
Contractors from the Contractors, who have concluded the Agreement, to perform the
Works, how Contracts will be concluded by and between Parties, will lay down
obligation, rights and responsibility of Parties, and how Works performed under the
Contract will be accepted and paid for.
2.2. In carrying out the Works, the Contractors shall meet the requirements of Agreement,
Technical specification, invitation to submit a price bid, Contract, Contracting Authority,
and the respective price bid by the Contractor offering to perform Works at a particular
Object/-s.
2.3. The Works performance deadline for a particular Object is indicated in the invitation to
submit a price bid.
2.4. The Agreement becomes effective on the day it is signed by both Parties, and is valid
until the liabilities of parties are met in full.
2.5. Within the Agreement, the Contracting Authority is entitled to receive the Services by 1
September 2018 or until the Agreement sum is reached (whichever is first). The
Contracting Authority is entitled to prolong the Agreement term subject to a written
36
agreement entered by and between the Parties, where the Contracting Authority is being
prolonged the allocated funding term for a period equal to that of the prolonged period,
but no longer than by two years. Where any of the Contractors refuse to conclude the
agreement for the prolongation of Agreement, the Contracting Authority concludes an
agreement with a lower number of Contractors respectively.
2.6. The procurement is funded from the Connecting Europe Facility (CEF) project
„Development of 1435 mm gauge railway line Rail Baltic/ Rail Baltica (RB) corridor
through Estonia, Latvia, and Lithuania (Stage 2)“, No. 2015-EU-TM-0347-M, funds.
3. CHOICE OF CONTRACTOR, CONTRACT CONCLUSION, AND
ASSIGNMENT OF SERVICE PROVISION
3.1. Where the Contracting Authority is in need of Works at a particular Object/-s, the
Contracting Authority shall prepare the Object/-s and descriptive information of Works
(Work assignment) and send to the e-mails of Contractor's contacts, indicated under
Clause 12 of the Agreement, an invitation to Contractors to submit a price bid (Annex 3
of Agreement) about the performance of Works at a particular Object/-s.
3.2. Within the term stipulated by the invitation, but no less than within 10 (ten) business
days, starting from the day the invitation was sent, the Contractor sends by mail to the
mailing address indicated in the invitation by the Contracting Authority its price bid for
the performance of Works at a particular Object/-s, Manager/-s of Works, who will be
involved in Contract fulfilment and who is/are listed on the List of Experts (Annex 6 of
Agreement), as well as any other information requested by the Contracting Authority
according to the templates provided by the Contracting Authority, Work assignment and
other information indicated in the invitation to submit a price bid about the performance
of Works at a particular Object/-s. Postal deliveries are deemed submitted in time, if they
are received in the address indicated in the invitation by the bid submission deadline.
3.3. Where the Contractor fails to submit its price bid within the term stipulated by the
Contracting Authority, it is deemed the price bid has not been submitted and the
Contractor has rejected the possibility to perform Works at a particular Object/-s.
3.4. When submitting a price bid about the performance of Works at a particular Object/-s,
the unit prices of Works offered by the Contractor for the respective Type of works at the
particular Object/-s cannot exceed the unit price of Works for the respective Type of
works it indicated in its financial offer submitted within the Procurement to become a
Contractor within this Agreement.
3.5. The Contracting Authority is entitled to ask the Contractor to explain in detail the
breakdown of the costs of Works indicated in the price bid. The Contractor is obliged to
submit to the Contracting Authority a detailed breakdown of the indicated costs of
Works no later than within 2 (two) business days after receipt of the respective request.
3.6. The Contracting Authority reviews the submitted price bids for their compliance with the
invitation to submit a price bid, and the requirements contained within the attached Work
assignment and technical specification (Annex 1 of the Agreement).
3.7. The Contracting Authority is entitled to reject the price bid submitted by the Contractor
in any of the following cases:
3.7.1. Where having reviewed the detailed breakdown of the costs of Works, the
Contracting Authority establishes that it is unreasonably cheap;
3.7.2. Where on the price bid submission day the Contractor is in delay of the
previously concluded Contract execution for more than 15 (fifteen) days from
the Contract execution date, and there is no valid agreement on the extension
of the Contract execution term.
3.8. The price bid by the Contractor is rejected in any of the following cases, if:
37
3.8.1. Any unit price indicated in the price bid exceeds the maximum threshold of
the unit price of respective Type of works indicated by the Contractor in its
financial offer submitted within the Procurement (Annex 2 of Agreement);
3.8.2. The price bid lacks information about the Manager of Works, who will be
engaged for the Contract execution, or any other requested information does
not comply with the requirements provided in the invitation to submit a price
bid;
3.9. In case the price bid submitted by the Contractor is rejected due to reasons under Clause
3.7 and 3.8 of the Agreement, the Contracting Authority opts for the next cheapest price
bid.
3.10. The Contracting Authority chooses one Contractor, who offered the cheapest price bid
for the performance of Works at a particular Object/-s, and notifies all other Contractors
regarding its decision by sending information to the emails of Contractor's contact
persons, which were indicated under Clause 12 of Agreement.
3.11. A Contract is concluded with the Contractor, who has been selected as the contractor of
Works at a particular Object/-s.
3.12. Where within 5 (five) business days as stipulated under Clause 3.10 of the Agreement,
starting from the day the Contracting Authority has submitted the Contract (Annex 4 of
the Agreement) for signing, it is not being signed and not handed over or sent to the
Contracting Authority, it is deemed the Contractor has refused from signing the Contract
and the Contracting Authority is entitled to conclude the Contract about the performance
of Works at a particular Object/-s with the Contractor, who has submitted the next
cheapest price bid.
4. AGREEMENT FEE, CONTRACT FEE AND PAYMENTS
4.1. The amount of the Agreement does not exceed EUR _______________ (____________
Euro and __ cents) excl. VAT.
4.2. According to the procedures stipulated by this Agreement and Contract, the Contracting
Authority pays for the duly provided Service at a particular Object/-s.
4.3. The Contract fee for each fulfilment of Works at a particular Object/-s is set down in the
Contract.
5. RESPONSIBILITIES OF PARTIES
5.1. The Contractor is liable for the compliance of Works performed by it with the provisions
contained in the Agreement, Technical specification, the Contracts and its annexes.
5.2. Each Party is liable to compensate for losses incurred to the other Party due to the illegal
actions of the former.
5.3. The Contractor bears liability towards the Contracting Authority for the Works
performed and any errors made by its engaged sub-contractors. The Contractor is liable
for the damage incurred to the Contracting Authority and/or third parties due to non-
performance or unduly performance by the sub-contractors engaged by the Contractor.
6. REPRESENTATIONS AND OBLIGATIONS OF THE PARTIES
6.1. The Contractor approves its employees hold the relevant qualification to perform the
Works.
6.2. Each Contractor is responsible to ensure permanent compatibility with the provisions
under Clause 6.1. during the whole term of the Framework agreement.
38
6.3. The Contracting Authority is obliged to provide information at its disposal requested by
the Contractor, which is needed to carry out Works at a particular Object.
7. CONFIDENTIALITY
7.1. The Contractor undertakes to protect, not to disseminate and without the prior written
consent form the Contracting Authority not to disclose to third parties the content, either
in full or partially, of documents related to the Agreement, Contract or other fulfilment
related to these, and any technical, commercial and any other information about the
operations of Contracting Authority, which has been made available to the Contractor
during the course of the Agreement and/ot Contract execution.
7.2. Confidentiality restrictions do no apply to public and well-known information, and to
information which under the provisions of the Contract or Agreement shall be disclosed
to third parties, or which under the laws and regulations is deemed as generally available
information.
7.3. The confidentiality provisions do not apply, where information is requested by
governmental or municipal authorities according to statutory provisions.
7.4. The provisions contained within this section shall continue beyond expiry of the present
Contract and Agreement.
8. ENGAGEMENT AND REPLACEMENT OF SUB-CONTRACTORS AND
EXPERTS
8.1. The Contractor ensures that the experts listed on the List of Experts (Annex 6 of
Agreement) are involved for Works performance, and the sub-contractors listed on the
List of Sub-contractors (Annex 5 of Agreement) are involved for Contract and
Agreement execution.
8.2. The Contractor is entitled to replace the sub-contractors engaged for the Agreement and
Contract, upon the capabilities of which the Contractor relied in the procurement
procedure to meet the tender requirements, and the experts listed in the Contract and
Agreement subject to prior notification to the Contracting Authority and the receipt of a
written consent by the Contracting Authority, considering the following conditions (the
Contract is not subject to amendments in such case):
8.2.1. the sub-contractor or expert proposed meets the requirements specified in the
notice regarding the contract and the procurement procedure documents,
which refer to the sub-contractors or expert;
8.2.2. the sub-contractor proposed for Contract fulfilment is replaced, upon the
capabilities of which the Contractor relied in the procurement procedure to
meet the tender requirements, and the replaced sub-contractor is at least of the
same qualification, the Contractor relied on, when the latter approved it is
compatible with the requirements of the procurement procedure;
8.2.3. the proposed sub-contractor does not comply with the tenderers' exclusion
provisions specified by Article 39¹(1) of the Public Procurement Law;
8.3. The Contractor is entitled to replace its sub-contractors for Contract and Agreement
fulfilment, if their share of services provided equals or exceeds 20% (twenty percent) of
the total Agreement value, and to engage new sub-contractors, if their share of services
provided equals or exceeds 20% (twenty percent) of the total Agreement value, subject
to a prior notification to Contracting Authority and receipt of a written consent by the
latter, provided the proposed sub-contractor does not comply with the tenderers'
exclusion provisions specified by Article 39¹(1) of the Public Procurement Law (the
Contract is not subject to amendments in such case).
39
8.4. The Contracting Authority is entitled to request in writing the Contractor to replace its
experts, where the Contracting Authority is not satisfied with the productivity, working
quality or other circumstances in relation to the Contractor's staff.
8.5. To verify, whether or not the staff or sub-contractors engaged by the Contractor for the
performance of the Agreement and Cpntract meet the requirements of Article 68 of the
Public Procurement law, following a request by the Contracting Authority the Contractor
shall submit for review the relevant and requested extra information.
8.6. The Contracting Authority makes a decision regarding the approval or rejection of
replacement of the Contractor's selected sub-contractor or expert, or the involvement of
new sub-contractor in Contract fulfilment as soon as possible, but not later than within 5
(five) business days after it has received all information and documents necessary to
make the decision.
9. FORCE MAJEURE
9.1. The Party is exempt from liability due to full or partial non-performance of the
contractual liabilities or liabilities stipulated by the Agreement, if the non-performance is
due to Force majeure conditions after the effective date of the Agreement, which could
not be foreseen or averted.
9.2. The Party subject to Force Majeure conditions shall immediately notify the other Party
in writing of the Force Majeure conditions, and where possible to attach to the
notification a statement, which is issued by a competent authority and which contains the
characterisation and approval of Force Majeure conditions.
9.3. Where due to Force Majeure conditions the contractual liabilities are not met for more
than 3 (three) months, each Party is entitled to Contract termination subject to a written
notification to the other Party at least 15 (fifteen) days in advance. In such case, the
Parties cannot claim for compensation of losses due to Contract termination.
9.4. Neither of the Parties shall be held liable for losses due to Force majeure conditions,
where the relevant Party has notified the other Party according to provisions of the
Agreement.
9.5. Force majeure conditions are not deemed the non-performance, unduly or undue
performance by the employees of the Contractor and other persons engaged by the
Contractor.
10. AGREEMENT TERMINATION
10.1. The Contracting Authority is entitled to unilateral Agreement termination with any of the
Contractors subject to a written notification to the Contractor at least 10 (ten) business
days in advance without any compensation of costs and/or losses, in case at least one of
the following has occurred:
10.1.1. the Works by the Contractor have been carried out in poor quality, improperly
or not corresponding to the contractual provisions;
10.1.2. the Contractor has refused to conclude the Contract or carry out Works at a
particular Object, although it submitted the price bid;
10.1.3. during the term of the Agreement, the Contractor has failed to submit price
bids more then 2 (two) times following the Contracting Authority's invitation
to submit a price bid for the performance of Works at a particular Object/-s, or
the price bid submitted by the Contractor has been turned down for Contract
conclusion due to any of the cases stipulated by Clause 3.7.1., 3.7.2., 3.8.1., or
3.8.2. of the Agreement;
40
10.1.4. The insolvency procedure of the Contractor has been declared, it is being
dissolved, its operations are terminated or discontinued, or its economic
operation are suspended.
11. DISPUTE RESOLUTION
All and any disputes in relation to the Contract shall be settled by amicable negotiations.
Where the dispute cannot be settled by negotiations, any disputes, disagreements, or
claims arising out of the Contract shall be settled by a court of the Republic of Latvia
according to Latvian law.
12. CONTACTS
12.1. Authorised person by the Contracting Authority: __________________
12.2. Contractor's authorised person No.1: _______________
12.3. Contractor's authorised person No.2: _______________
12.4. Contractor's authorised person No.3: _______________
12.5. Contractor's authorised person No.4: _______________
12.6. Contractor's authorised person No.5: _______________
13. MISCELLANEOUS
13.1. The Parties approve they hold the relevant powers to enter this Agreement and to
undertake its rights and obligations, and that they are able to deliver the obligations
stipulated by this Agreement.
13.2. The Agreement fully approves the will of Parties. Verbal supplements and agreements to
this Agreement are not deemed provisions of this Agreement. Any amendments become
effective only if drafted in writing, signed by both Parties and attached to the Agreement
as its annexes.
13.3. Issues not regulated directly by the Agreement shall be settled according to valid laws
and regulations of the Republic of Latvia.
13.4. The Agreement in drawn up in Latvian on _______ (______________) pages, in ______
copies; each Party holding one copy. All copies of the Agreement are of the same legal
effect.
14. ANNEXES:
At the moment of signing, the Agreement is attached the follwing annexes:
Annex 1 – Technical specification on ___ (____) pages;
Annex 2 – Financial offer on ___ (____) pages;
Annex 3 – Invitation template to submit a price bid on ___ (____) pages;
Annex 4 – Price bid template on ___ (____) pages;
Annex 5 – Draft contract on ___ (____) pages;
Annex 6 – List of sub-contractors on ___ (____) pages;
Annex 7 – List of experts on ___ (____) pages.
15. DETAILS OF PARTIES
41
________________________________ ______________________________
42
Draft Framework Agreement
Annex 3
INVITATION No. ____
to submit a price bid (procurement identification No. EDZL 2017/1 CEF)
To the Contractor _________________
Riga, _______________ 201__ (date)
We herewith invite you to submit an offer in relation to ___________________________(description
of work to be carried out) to carry out the Works according to the concluded Framework agreement
No.____________.
Request by the Contracting Authority:
1. Last possible Works performance term: within ____ (number of days) days after the effective
date of the Contract.
2. Location of performance of Works – (address).
3. Location where the Documentation has to be delivered – (address).
4. Work assignment.
5. Bid submission deadline – (year, month, date, time).
6. Mailing address for bid submission: _______________
7. Other information (if relevant).
Contact of the contracting authority
SIA “Eiropas dzelzceļa līnijas”
Project coordinator
Ilze Lukstiņa
.
43
Draft Framework Agreement
Annex 4
PRICE BID No. ____
for the performance of Works (procurement identification No. EDZL 2017/1 CEF)
Title of contractor __________
Riga, _____________ 201__ (date)
We offer ti carry out the Works and elaborate the Documentation acoording to the Contracting
Authority's invitation No. ____ for the following price:
No. Types of works
(according to the General
technical specification)
Man-day
rate, excl.
VAT, EUR
Number of
man-days
needed to
carry out the
Works
Price of
Works EUR,
excl. VAT
1. Route scoping works
2. Inventory and/or works to
study cultural heritage
3. Archaeological excavation
works
4. Works to identify cultural
values underwater
5. Surveying of buildings and
industrial monuments by
means of 3D laser scanning,
preparation of the 3D model
Total, EUR (excluding VAT)
VAT 21%
Total, EUR (excluding VAT)
(Title of contractor) undertakes to carry out Works within ____ (number of days) days after
the effective date of the Contract.
Person, which will receive the approval ________________ to carry out the Works
__________________ (name, surname, personal ID No.) according to Annex ____ of the
Framework agreement
We herewith approve that the Contractor has studied the requirements under this Invitation, is
ready to carry out the Works within the given time, and it has not entered any other contractual
liabilities, which might hinder it from meeting its contractual liabilities.
We approve that the price included all costs, which are indicated in Annex 1 „Financial
Offer“ of the Agreement.
On behalf of the Contractor: ______________________________________
(position, signature, name, surname)
44
Draft Framework Agreement
Annex 5 CONTRACT No. ________________
about the Identification and study of cultural heritage within the compartment zone of Rail Baltica line
in Latvian territory
attached to the Framework agreement No. ____ of __________ 2017 „ Identification and study of
cultural heritage within the compartment zone of Rail Baltica line in Latvian territory “
Riga ____ _____________ 2017
SIA „Eiropas dzelzceļa līnijas”, joint registration No.40103836758, represented by its
member of the board Dins Merirands acting according to company bylaws, on one hand, and
___________, joint registration No. ___________________, represented by its _______________
acting according to __________________, on the other hand,
The Contracting Authority and the Contractor hereinafter jointly referred to as Parties, based on
____ results, enter into the following contract:
1. DEFINITION AND TERMS OF THE CONTRACT
1.1. Contracting Authority - SIA „Eiropas dzelzceļa līnijas”, joint registration No.
40103836758, registered address: 3 Gogoļa Street, Rīga, LV-1050, actual address: 12 Maskavas Street,
Rīga, LV-1050.
1.2. Contractor - .
1.3. Party/ Parties – Contracting Authority or Contractor, or both.
1.4. Contract – a contract and all its annexes entered by and between the Parties.
1.5. Object – territory and/or building and/or structure on the approved route of Rail Baltica,
where Works have to be undertaken and the exact location of which is indicated on the work
assignment;
1.6. Works – one or more types of Works listed under Clause 1.7 herein, which are described in
detail in the Work assignment.
1.7. Types of works:
1.7.1. Identification of cultural values – visual site-visits to territory to be inspected and use
of relevant methods to identify and study possible cultural values, including
archaeological, architectural and urban construction, art, industrial values, and sites of
historical events to a degree, which allows preparing the information about the value of
discoveries and recommendations regarding further steps their protection,
transformation or in-depth study.
1.7.2. Cultural heritage inventory of cultural monuments and/or study thereof – in-depth
study of architectural and industrial monuments in order to determine the cultural
heritage value and technical condition of the objects, and the value and relevance of
individual parts within these in order to draft detailed recommendations for the
Contracting Authority for the protection and transformation thereof.
1.7.3. Archaeological study – archaeological trial excavations and archaeological excavations
aimed at the identification of preserved arachaeological evidence, and if such are
discovered to study these completely.
1.8. Field works – part of Works or part of Types of works, which shall be carried out at the
Object.
1.9. Documentation preparation works – part of Works or part of Type of works, which is
45
related to drafting and submitting the Documentation to the Contracting Authority and/or
State Inspection for Heritage Protection.
1.10. Documentation – considering the Work assignment and valid Latvian statutory requirements,
a brief report drafted at the completion of the Type of works about the outcome of works,
review of works or other documentation, which is submitted by the Contractor within the
term stipulated by the Contract to the Contracting Authority and/or State Inspection for
Heritage Protection and/or respective municipality and/or other institution or persons.
1.11. Work assignment – Work assignment attached to the invitation to submit a price bid (Annex
1 of the Contract).
1.12. Contract fee – total sum (excl. VAT) indicated in the Contract according to the price bid
submitted by the Contractor about the performance of Works at a particular Object, which the
Contracting Authority will pay to the Contractor in full for duly performed Works by the
Contractor at a particular Object, which are accepted by the Contracting Authority. The
Contract fee covers full payment for the complete fulfilment of Works under the present
Contract, including, but not limited to all and any costs related to complete fulfilment of the
Works, including the costs for works and labour, machines, tools and transport, work
organisation, equipment for health and safety measures, taxes (excl. VAT), insurance costs, costs
related to drafting all relevant documents, receipt of all relevant approvals and permits, including
works, products, materials, equipment and devices not listed under the Contract, but are needed
to properly fulfil the Works of due quality and in time.
1.13. Man-day rate – price (excl.VAT) of specialists of respective qualification to perform the
works, which is used to calculate the Costs of Works and which constitutes the Contract fee. 1
(one) man-day amounts to 8 (eight) hours of work. The man-day rate covers all and any costs
related to the complete fulfilment of Works under the present Contract, including, but not limited
to the costs for works and labour, machines, tools and transport, work organisation, equipment
for health and safety measures, taxes (excl. VAT), insurance costs, costs related to drafting all
relevant documents, receipt of all relevant approvals and permits, including works, products,
materials, equipment and devices not listed under the Contract, but are needed to properly fulfil
the Service of due quality and in time.
1.14. VAT – Value Added Tax.
1.15. Force majeure – events beyond the control and responsibility of Parties (acts of God, floods,
fire, earth quake, and other natural phenomena, war and warfare, strikes, enactments and
instructions adopted by Latvian governmental authorities and municipal authorities, along
with other circumstances beyond the reasonable control of Parties, etc.), which could neither
be foreseen, nor prevented.
1.16. Works performance protocol – a protocol, which after being signed by both Parties is proof
of the performance and acceptance of Field works under the Contract by the Contracting
Authority, except for drafting and submitting of Documentation to the Contracting
Authority.
1.17. Works delivery-acceptance protocol – a protocol, which after being signed by both Parties is
proof of the performance and acceptance of Works or Type of works under the Contract by the
Contracting Authority.
1.18. Monthly report – a report drawn by the Contractor about the Progress of Works during the
last calender month, which is submitted by the Contractor to the Contracting Authority on a
monthly basis and which includes at least the information according to Annex 1 „Technical
specification“ hereof.
46
2. SUBJECT OF THE AGREEMENT
The Contracting Authority assigns and the Contractor undertakes to perform the Works at the
Object according to the provisions of the Agreement and the Contract, and their anexes, and the
valid Latvian law.
3. CONTRACT FEE AND PAYMENTS
3.1. The contract fee amounts to __________ EUR (_________ Euro and ____ cents) (hereinafter –
Contract fee). The Contract fee consists of (insert Contract fees for Types of Works, where the
Contract is concluded for several Types of Works):
3.2. The payment of the Contract fee or the Contract fee for Types of works is divided in the
following shares:
3.2.1. for the performance of Field works – 40% (forty per cent) of the Contract fee or the
Contract fee for Types of works;
3.2.2. for drafting and submitting the Documentation to the Contracting Authority and the
authority/-ies indicated in the Work assignment – 60% (sixty per cent) of the Contract
fee or the Contract fee for Types of works.
3.3. The Contracting Authority pays the VAT on top of the Contract fee according to statutory
provisions.
3.4. The Contract fee will not be increased during the whole Contract duration due to increase of
labour and/or material costs, amendments to valid Latvian law, inflation or currency fluctuations,
and any other circumstances, which might affect the Contract fee.
3.5. The part of Contract fee or part of Contract fee for the Type of Works according to Clause 3.2.1
herein is paid by the Contracting Authority to the Contractor within 30 (thirty) days after the
completion of Field works or the mutual signing of the Works performance act, and after
submitting a respective invoice to the Contracting Authority.
3.6. The part of Contract fee or part of Contract fee for the Type of Works according to Clause 3.2.2
herein is paid by the Contracting Authority to the Contractor within 30 (thirty) days after full
or partial completion on Works or Type of Works, mutual signing of the Works delivery-
acceptance act, submission of Documentation to the respective authority/-ies indicated in the
Work assignment, and after submitting a respective invoice to the Contracting Authority.
3.7. The payment is deemed made on the day the Contracting Authority has made the transfer to
the bank account indicated by the Contractor on its invoice.
3.8. The procurement is funded from the Connecting Europe Facility (CEF) project „Development
of 1435 mm gauge railway line Rail Baltic/ Rail Baltica (RB) corridor through Estonia, Latvia,
and Lithuania (Stage 2)“, No. 2015-EU-TM-0347-M, funds.
4. WORKS PERFORMANCE DEADLINE AND THE PROCEDURES FOR THE DELIVERY
AND ACCEPTANCE OF WORKS
4.1. The Works have to be completed no less than within _________ days after the effective date of
the Contract. Full performance of the Works is approved by a mutually signed Works
acceptance-delivery act (with a reference to the deadline indicated by the Contracting Authority
in the Work assignment).
4.2. After completion of the Field works, the Contractor notifies the Contracting authority of the
completion of Field works and submits a signed Works performance act.
4.3. The Contracting Authority shall review the submitted Works performance act within 10 (ten)
business days, and shall either sign it or submit written objections to the Field works or the
Works performance act. Where the Contracting Authority has submitted written objections to
the Field works or the Works performance act to the Contractor, the Contractor shall remedy
the deficiencies in the Field works and/or shall revise the Works performance act respectively,
and submit to the Contracting Authority a revised Works performance act for repeated review
according to the procedures stipulated under this clause.
4.4. Where the Contracting Authority signs the Works performance act, this does not constitute a
complete acceptance of the Field works by the Contracting Authority and does not constitute a
waiver by the Contracting Authority to raise objections regarding the performance of Field
47
works at the acceptance of Works.
4.5. After all Works have been completed, the Contractor submits to the Contracting Authority the
Works delivery-acceptance protocol. The Contracting Authority shall review the signed
Delivery-acceptance protocol within 10 (ten) business days, and either signs it or provides
written objections on the Works or the Delivery-acceptance protocol of Works. Where the
Contracting Authority has submitted written objections to the Works or the Works delivery-
acceptance protocol to the Contractor, the Contractor shall remedy the deficiencies in the
Works and/or shall revise the Works delivery-acceptance protocol respectively, and submit to
the Contracting Authority a revised Works delivery-acceptance protocol for repeated review
according to the procedures stipulated under this clause.
4.6. The Contracting Authority is entitled to prolong the Works performance deadline, if:
4.6.1. additional Works have to be undertaken during the Archaeological excavation;
4.6.2. the Works cannot be carried out, because the Object owner rejects or hinders the
Works performance at the Object;
4.6.3. the Works are suspended due to any archaeological finding.
4.7. In cases under Clause 4.5. herein, the Contract deadline is prolonged for a period of time,
which is needed to properly carry out the additional Works or to study the detected objects, or for
a period of time, during which the Works were suspended.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. Obligations of the Contractor:
5.1.1. to carry out the Scope of works under this Contract with own tools, devices, and labour
force at own risk, to organise and carry out works and other assignments relevant for the
performance of Works according to the provisions contained within the Present Contract,
Annexes and valid laws and regulations, and to submit these to the Contracting
Authority by the deadline stipulated under Clause 4.1 herein;
5.1.2. to communicate the performance of Works with respective authorities, and to receive
respective permits to carry out the works, and to cover costs related to receipt of these
permits; 5.1.3. to inform the Contracting Authority in due time of any envisaged changes, discrepancies
in the documents, inspections, and other conditions;
5.1.4. according to valid laws and regulations, to ensure all and any relevant health and safety,
and fire protection measures are organised and observed at the Object, and to ensure
relevant fixings, safety phrases, and illumination at the study site;
5.1.5. to observe the valid statutory requirements to prevent pollution and deterioration of the
environment;
5.1.6. to ensure access of Contracting Authority's representatives and representatives from
controlling authorities to the Object;
5.1.7. to organise the Works in a manner that the cultual heritage elements of the Object are not
damaged;
5.1.8. to ensure organisation of Works at the Works Area;
5.1.9. to provide a monthly report to the Contracting Authority.
5.2. Rights of the Contractor:
according to contractual provisions, to receive remuneration of properly provided Works of due quality
under the Contract.
5.3. Obligations of the Contracting Authority: 5.3.1. To assign an authorised representative at the Object, who will check the performance of
Works and monitor the Works, without intruding the economic activities of the
Contractor;
5.3.2. To accept from the Contractor duly delivered Works of due quality under the Contract,
and to pay for completed Works according to contractual provisions.
48
5.4. Rights of the Contracting Authority:
5.4.1. To control the performance of contractual provisions, and to visit the Object to study the
progress and quality of Works;
5.4.2. to issue instructions to the Contractor at any time, which may be relevant for the Works
fulfilment and remedy of deficiencies under the present Contract.
6. INSURANCE
6.1. The Contractor undertakes prior to commencement of Works, but no later than within 5
(five) business days after the effective date of the present Contract, to submit to the
Contracting Authority copies of insurance policies, insurance contract and of documents,
which are proof of the payment of the insurance premium, and to present the originals of these
documents, for the purpose of its own professional indemnity insurance under the following
terms:
6.1.1. the total liability cap at the particular object is no less than 10% of the Contract fee;
6.1.2. for each case, no less than 10% of the Contract fee;
6.1.3. excess not to exceed EUR 1,000.00 (one thousand Euro and 00 cents);
6.1.4. insurance risks - all and any losses and damages (i.e., material losses, personal injuries,
financial losses), which the Contractor, during Contract performance, has incurred to
third parties (incl. the Contracting Authority – SIA „Eiropas dzelzceļa līnijas”). 6.2. Where the insurance agreement is not concluded aimed at a particular object, together with the
insurance policy, insurance agreement and a document, which is proof of the payment of the
insurance premium, the Contractor shall submit a certificate to the Contracting Authority
which approves the insurance protection in relation to the particular object.
6.3. The Contractor undertakes to maintain valid all and any insurance agreement, policy and
liability limits in relation to the professional indemnity insurance according to Clause 6.1 of
the Contract for the whole duration of the Agreement.
6.4. Where the insurance agreement and/or policy expires during the term under Clause 6.3 herein,
the Contractor submits to the Contracting Authority new documents of the same type and
content as stipulated by Clause 6.1 and 6.2 herein within no later than 10 (ten) days before the
expiry of the professional indemnity insurance agreement and policy.
6.5. Before signing the insurance agreement and insurance policy as stipulated under Clause 6.1.
herein, the respective insurance agreement and insurance policy, along with any amendments
to the insurance agreement and insurance policy shall be communicated in writing in advance
with the Contracting Authority. In case the Contractor fails to meet the provisions
hereunder, it shall be deemed the Contractor has failed to meet its obligation regarding
provision of and maintaining the insurance agreement and policy within the term stipulated by
the present Cpntract.
7. AUTHORISED CONTACT BY PARTIES
7.1. The authorised contact by Contracting Authority for Contract fulfilment issues, is Mr/
Mrs_______________________________________, phone _____________, e-mail:
_________________. The authorised contact of the Contracting Authority, without going
beyond the scope of Contract, is entitled to settle all on-going operational issues related to
Contract fulfilment, to organise and control the course of Contract fulfilment, including, but
not limited to communication between the Parties, to request information from Contractor,
to provide information to Contractor, to ensure delivery/ acceptance, signing of relevant
documents of the Contract (documentation of Works, Delivery-acceptance protocols of
Works, etc.), to ensure acceptance of delivered Works, to issue instructions regarding the
Contract and Works execution, and to undertake other actions related to proper fulfilment of
contractual obligations. This person is not authorised to undertake amendments or additions to
the Contract, including changes to the Contract fee and/or Works performance deadlines or
Scope of Works.
7.2. The authorised contact by Contractor for Contract fulfilment issues, is Mr/
Mrs_______________________________________, phone _____________, e-mail:
49
_____________________. The authorised contact of the Contractor, without going beyond
the scope of Contract, is entitled to settle all on-going operational issues related to Contract
fulfilment, to organise and control the course of Contract fulfilment, including, but not limited
to communication between the Parties, to request information from Contracting Authority,
to provide information to Contracting Authority, to ensure delivery/ acceptance, signing of
relevant documents of the Contract (documentation of Works, Delivery-acceptance protocols
of Works, etc.), to ensure acceptance of delivered Works, to issue instructions regarding the
Contract and Works execution, and to undertake other actions related to proper fulfilment of
contractual obligations. This person is not authorised to undertake amendments or additions to
the Contract, including changes to the Contract fee and/or Works performance deadlines or
Scope of Works.
8. ADDITIONAL WORKS
8.1. The Contracting Authority is entitled to extending the Scope of archaeological works, if
during the archaeological works new large-scale archaeological or other objects are detected
and additional Archaeological excavation works have to be undertaken.
8.2. The Contracting Authority is entitled to reducing the Scope of Works, where some part of
Works cannot be carried out, because the Object owner rejects or hinders the Works
performance.
8.3. Where the Scope of archaeological works is extended, the price for additional Archaeological
excavation works is determined based on the man-day rates offered by the Contractor in its
Price bid and considering the Scope of additional Archaeological works.
9. RESPONSIBILITIES OF PARTIES
9.1. Parties bear full material responsibility for damage and losses incurred due to illegal action of
either Party during the Works performance to the other Party or third parties.
9.2. The Contractor bears material responsibility for damage to the Object and all losses incurred
due to performance of Works.
9.3. The Contractor bears material responsibility for damage and losses incurred to the Contracting
Authority or third parties or the Object by the Contractor's sub-contractor.
9.4. Where the Contractor exceeds the Works performance deadline under Clause 4.1 herein, the
Contracting Authority is entitled to request and the Contractor is obliged to pay a penalty fee
of 0.5% (zero-point one percent) of the Contract fee for each day in delay, but no more than 10%
(ten percent) of the Contract fee.
9.5. Where the Contractor fails to meet or neglects any of the Contract provisions, except for the
Works performance deadline under Clause 4.1 herein, the Contracting Authority is entitled to
request from the Contractor and the Contractor is obliged to pay a penalty fee of 3% (three per
cent) of the Contract fee for each day in delay.
9.6. Where the Contractor, in carrying out the Works, has tolerated a discrepancy in the Works,
which the Contracting Authority has established and notified to the Contractor within 48
(forty-eight) months after the Works/ type of Works have been accepted, which is proven by a
mutually signed Works acceptance-delivery act, the Contracting Authority is entitled to request
from the Contractor a penalty fee of 10% (ten per cent) of the Contract fee for each
infringement case.
9.7. Where the Contracting Authority falls behind with the contractual payments and the
Contractor has met its contractual liabilities, the Contractor is entitled to request and the
Contracting Authority is obliged to pay a penalty fee of 0.5% (zero-point one percent) of the
outstanding payment for each day in delay, but no more than 10% (ten percent) of the
outstanding payment.
9.8. The Contracting Authority is entitled to deduct the penalty fee and losses from any payment
pertaining to the Contractor under this Contract before it is paid to the Contractor.
9.9. The Contracting Authority is not liable for Contractor's liabilities, which it has entered into
with third parties regarding the Contract execution.
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9.10. The payment of the penalty fee does not constitute a waiver by the Parties from the further
execution of the Contract or compensation for losses.
10. CONTRACT TERMINATION
10.1. The Parties may terminate the Contract subject to a written agreement, or an unilateral
termination in cases stipulated herein.
10.2. The Contracting Authority is entitled to unilateral Contract termination subject to a prior
notification to Contractor at least 10 (ten) days in advance and waiving from any
compensations to the Contractor due to losses or costs incurred to the latter, if at least one of the
following cases has occurred:
10.2.1. The Works performed do not comply with valid statutory provisions and/or contractual
provisions and/or provisions of Contract annexes;
10.2.2. The Contractor falls behind the Service deadlines under 4.1 herein for at least 15
(fifteen) days;
10.2.3. The Contractor fails to meet the provisions of Clause 6 herein;
10.2.4. According to statutory procedures, the Contractor is declared insolvent, a decision has
been taken to dissolve it, or its economic actions have been suspended.
10.3. The Contractor is entitled to unilateral Contract termination subject to a prior notification to
Contracting Authority at least 10 (ten) days in advance and waiving from any compensations
to the Contracting Authority due to losses or costs incurred to the latter in relation to Contract
termination, if:
10.3.1. The Contracting fails to make the payments within terms stipulated by the Contract,
the Contractor has met its contractual liabilities, and the payment has been delayed for
more than 60 (sixty) calender days;
10.3.2. According to statutory procedures, a decision has been taken to dissolve the
Contracting Authority, or its economic activities have been suspended.
11. FORCE MAJEURE
11.1. The Party is exempt from liability due to full or partial non-performance of the contractual
liabilities, if the non-performance is due to Force majeure conditions after the Effective date of
the contract, which could not be foreseen or averted.
11.2. The Party subject to Force Majeure conditions shall notify the other Party in writing of the
occurrence of Force Majeure conditions within a reasonable time, and where possible to attach
to the notification a statement, which is issued by a competent authority and which contains the
characterisation and approval of Force Majeure conditions.
11.3. Where due to Force Majeure conditions the contractual liabilities are not met for more than 3
(three) months, each Party is entitled to Contract termination subject to a written notification to
the other Party at least 10 (ten) days in advance. In such case, the Parties cannot claim for
compensation of losses due to Contract termination.
11.4. Neither of the Parties shall be held liable for losses due to Force majeure conditions, where the
relevant Party has notified the other Party according to Clause 11.2 herein.
12. SPECIALISTS
12.1. The Contractor ensures the following specialists carry out the Works:
13. DISPUTES
All and any disputes in relation to the Contract shall be settled by amicable negotiations. Where the
dispute cannot be settled by negotiations, any disputes, disagreements, or claims arising out of the
Contract shall be settled by a court of the Republic of Latvia according to Latvian law.
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14. CONFIDENTIALITY
14.1. The Contractor undertakes to observe confidentiality, including to protect, not to disseminate
and without the prior written consent form the Contracting Authority no to disclose to third
parties the content, either in full or partially, of documents related to the Contract or its
fulfilment, and any technical, commercial and any other information about the operations of
Contracting Authority, which has been made available to the Contractor during the course of
the Contract execution.
14.2. Confidentiality restrictions do no apply to public and well-known information, and to
information which under the contractual provisions shall be disclosed to third parties, or which
under the laws and regulations is deemed as generally available information.
14.3. The confidentiality provisions do not apply, where information is requested by governmental or
municipal authorities according to statutory provisions.
14.4. Parties agree that the breach of confidentiality provisions is a breach of the Contract, which
entitles the Contracting Authority to invite the Contractor compensate for any losses the
former has incurred due to breach of confidentiality provisions.
14.5. The provisions contained within this section shall continue beyond expiry of the present
Contract.
15. MISCELLANEOUS
15.1. The Contract shall come into effect after it has been signed by both Parties and shall be valid
until complete fulfilment of contractual liabilities.
15.2. Any amendments to contractual provisions are subject to mutual agreement. The amendments
shall be made in writing and shall come into effect after both Parties have signed these.
15.3. The Parties shall immediately notify each other of the change of their location, representatives,
bank details and other significant changes, which might affect the proper fulfilment of the
Contract. Parties bear full liability for failing to meet this obligation in due time.
15.4. Where any of the contractual provisions shall become invalid due to law amendments, this
Contract shall not become ineffective as regards all its other provisions, and in such case the
Parties are obliged to adapt the Contract to the valid laws and regulations.
15.5. Where any of the provisions of the Contract annexes come in conflict with the contractual
provisions, the Parties shall apply the provisions of the Contract annex insofar as these are not
limited by the contractual provisions.
15.6. The Contract is drafted on ____ pages in two copies, in Latvian, each Party holding one copy;
both copies are of equal legal efficiency.
15.7. At the time of signing, the Contract covers the following annexes:
15.7.1. Annex 1 – Invitation to submit a price bid on ___ (____) pages;
15.7.2. Annex 2 – Price bid on ___ (____) pages;
16. DETAILS OF PARTIES
SIA “Eiropas dzelzceļa līnijas”
Reg. No. 40103836785
Registered address: 3 Gogoļa Street, Rīga, LV-
1050
Actual address: 12 Maskavas Street, Rīga, LV-
1050
Bank: Nordea banka
SWIFT: NDEALV2X.
IBAN: LV13NDEA0000084691697
_______________________
Member of the board Dins Merirands
_______________
Reg. No. ____________
Registered address _____________
Bank: ________________
SWIFT:
IBAN:
____________________________