Project Management and Site Supervision of the Belgrade Metro Project – Makiš Depot and Line 1

The purpose of the publ. procurement procedure is to provide the professional resources necessary for the fulfillment of the duties and obligations of the Project Manager under the terms of the Civil Works Contracts and Systems Contracts

to provide the necessary support to the Client during the negotiation process with Contractors

to fulfill obligations and duties related to Construction Permits Designs Detailed design control and Construction Supervision according to the terms of the Civil Works Contracts and Systems Contracts and in accordance with the legislation in Serbia

to provide the Client with the necessary support for the fulfillment of its duties and obligations under the terms of the Civil Works Contracts and Systems Contracts

to support the Client with professional and efficient management of testing commissioning and implementation programme with due care and attention, taking care that all activities are completed on time in order to fulfill the obligations of the Client

Territory of the City of Belgrade on the entire route of Belgrade Metro Line 1 and Makiš Depot

Procurement description: (nature and scope of works, goods, or services or indication of needs and requirements; only for goods – indicate whether offers are required for the purpose of purchasing, leasing, leasing of goods or installment purchases or any combination thereof)

The Consultant will be responsible for the performance of all duties and responsibilities of the Engineer defined in the relevant Conditions of Contract and in Scope of Services. The expected results include, but are not necessarily limited to the following:

• monitoring of all aspects of the Contracts in force between the Client and the Contractors;

• review and approval of the designs for any component of the works for which the Contractors have been assigned responsibility, and all Contractors Documents;

• coordination of time programmes for Works execution between Contractors;

• achievement of full implementation of the Contracts within time, cost and quality in full compliance with the Technical Specifications and standards, approved design, Тerms and Deadlines of the relevant Civil Works Contract and Systems Contracts;

• timely identification and risk analysis of and proposed mitigation measures to save time and money;

• completion of the construction by safeguarding the quality of construction and overseeing the safety of the works.

Extension description: The Client may during the term of this Contract in accordance with the provisions of Art. 156-161 of the Law on Public Procurement ("Official Gazette of RS", No. 91/19) amend the Contract without conducting a public procurement procedure.

Objective and non-discriminatory criteria or rules for reducing the number of candidates:

THE CLIENT IN ACCORDANCE WITH THE PROVISION OF ART. 53 PARAGRAPHS 6 AND 64 OF THE LPP LIMITS THE NUMBER OF CANDIDATES IN THE SECOND OF THE RESTRICTIVE PROCEDURE TO 5 (FIVE) CANDIDATES

The Client may, in the restrictive procedure, limit the number of candidates who will apply to submit their offers.

In case the Client uses this possibility, in the restrictive procedure, the minimum number of candidates is five.

The Client shall limit the number of participants in the second phase of the restrictive procedure to 5 (five) applicants.

EXPLANATION OF THE MANNER OF RANKING OF APPLICANTS BY CLIENT IN THE FIRST PHASE OF THE RESTRICTIVE PROCEDURE

The ranking of the applicants will be done on the basis of who submits more pieces of relevant evidence:

MAIN CRITERION 1:

-The Tenderer has the largest total length of succesfully completed underground metro pojects where it has managed construction projects or has been the main contractor for the underground metro construction with a tunnel boring machine / mole (TBM).

ADDITIONAL CRITERION NO.1 IN CASE OF TWO APPLICATIONS WITH THE SAME WEIGHT OF EVIDENCE:

-That in the last 15 (fifteen) years until the deadline for submission of applications, it has successfully performed supervision in the role of the Engineer under FIDIC Yellow Book Contract on transport-infrastructure projects of minimum unit price of at least EUR 100.000.000,00.

ADDITIONAL CRITERION NO.2 IN CASE OF TWO APPLICATIONS WITH THE SAME WEIGHT OF EVIDENCE:

-Having performed a number of underground metro construction projects according to European standards (EN Codes), in the last 15 (fifteen) years until the deadline for submission of applications.

Any changes or amendments of terms of the Agreement including any eventual changes of the Scope of Services and extension of Time for Completion can only be done based on written agreement of the contractual parties in accordance with the applicable law, in form of the annex of the Agreement.

All eventual changes and amendments of this Agreement are binding if done in writing, in form of the Annex of this Agreement, and shall not produce effect on providing of services until conclusion of Annex of the Agreement.

The Consultant as service provider has no right to ask for extension of Time for Completion in regards to the term defined in this agreement, except in case of postponement of works that are supervised under Scope of Services of this Agreement or due to the reasons Consultant has no influence on, which reasons were not known to the Consultant at the moment of submission of the proposal.

Any deadline inside of which, in accordance with this Agreement, contractual party was obliged to perform any activity or task, shall be prolonged for the period which is equal to the period for which that contractual party was unable to perform named activity, due to the circumstances which prevented it to perform its obligation.

PARTICULAR CONDITIONS

PART B Additional or amended Clauses

Standard model: FIDIC 2017 Model Services Agreement between the Client and Consultant

5 Variations during the term of the Agreement

Ability to perform professional activity, including requirements related to the entry in the register of economic entities, court register, professional register or other appropriate register as specified in the tender documentation

THE FIRST PHASE:

Restrictive procedure is a procedure that is carried out in two phases in which all interested legal entities can submit an application in the first phase, and only candidates whose qualifications have been recognized can be invited to submit tender offer in the second phase.

The Client is obliged to publish a public invitation in the first phase of the restrictive procedure.

The minimum deadline for filing applications in a restrictive procedure is 30 days after issuing the public invitation for public procurement whose estimated value is equal to or greater than the number of European thresholds.

The Client evaluates the timely submitted applications based on the criteria for qualitative selection of the legal entity specified in the procurement documentation. Accordingly, the Client prepares a report and submits a notice on recognition of qualification to each candidate whose qualification was recognized, and to a candidate whose qualification was not recognized a decision explaining the reasons for not recognizing the qualification, taking care not to disclose information about other candidates.

The Client may, in accordance with Article 64 of this Law, limit the number of candidates who have been recognized a qualification that will be invited to submit tenders, in which case it is obliged to submit a reasoned decision to candidates who have not been granted a qualification and who will not be invited to submit tenders, taking care not to disclose information about other candidates.

IMPORTANT NOTICE:

The Client shall limit the number of participants in the second phase of the restrictive procedure to 5 (five) applicants.

EXPLANATION OF THE MANNER OF RANKING OF APPLICANTS BY CLIENT IN THE FIRST PHASE OF THE RESTRICTIVE PROCEDURE

The ranking of the applicants will be done on the basis of who submits more pieces of relevant evidence:

MAIN CRITERION 1:

-The Tenderer has the largest total length of succesfully completed underground metro pojects where it has managed construction projects or has been the main contractor for the underground metro construction with a tunnel boring machine / mole (TBM).

ADDITIONAL CRITERION NO.1 IN CASE OF TWO APPLICATIONS WITH THE SAME WEIGHT OF EVIDENCE:

-That in the last 15 (fifteen) years until the deadline for submission of applications, it has successfully performed supervision in the role of the Engineer under FIDIC Yellow Book Contract on transport-infrastructure projects of minimum unit price of at least EUR 100.000.000,00.

ADDITIONAL CRITERION NO.2 IN CASE OF TWO APPLICATIONS WITH THE SAME WEIGHT OF EVIDENCE:

-Having performed a number of underground metro construction projects according to European standards (EN Codes), in the last 15 (fifteen) years until the deadline for submission of applications.

THE SECOND PHASE OF RESTRICTIVE PROCEDURE:

In the second phase of the restrictive procedure, the Client shall submit an invitation for submission of tenders to the candidates that have not been excluded from the public procurement procedure.

The minimum deadline for the submission of tenders when the procedure is conducted by the sectoral employer is 30 days after sending the invitation for submission of tenders for public procurement whose estimated value is equal to or greater than the number of European thresholds;

Sectoral employers may set a deadline for the submission of tenders with the consent of all candidates so that all candidates in the procedure have the same deadline for preparing and submitting their offers.

If there is no consent on the deadline for submission of tenders referred to in paragraph 3 of this Article, the minimum deadline for submission of tenders is at least ten days from the date of sending the invitation for submission of tenders.

The request for protection of rights may be submitted during the entire public procurement procedure, unless otherwise specified by the Law on Public Procurement, and no later than within ten days from the day of publishing the Decision on Public Procurement Procedure by Client, which terminates the public procurement procedure in accordance with the Law on Public Procurement. The request for protection of rights that disputes the actions of the Client in connection with definining the type of procedure, content of the public invitation and tender documentation shall be considered timely if it is received by the Client no later than three days before the deadline for submission of tenders, or claimants, regardless of the method of delivery. The request for protection of rights that disputes the actions of the Client undertaken after the deadline for submission of tenders shall be submitted within ten days from the date of publishing the Decision on the Public Procurement Portal, or from the date of receipt of the Decision in cases where publication on the Public Procurement Portal is not provided according to the Law on Public Procurement. After the expiration of the deadline for the submission of the request for protection of rights, the Claimant may not amend the request by stating the reasons related to the actions that are the subject of dispute in the submitted request or disputing other actions of the Client that the Claimant can or could be acquainted with before the deadline for the submission of the request for the protection of rights, and which not being pointed out in the submitted request.

If a Claimant undertakes actions in the procedure of protection of rights through an authorized representative, the Claimant shall submit the authorization along with the request for protection of rights. The Claimant who has a permanent residence, and/or headquarters abroad is obliged to appoint an authorized representative for the receipt of documents in the Republic of Serbia in the request for protection of rights, stating all the data necessary for communication with the designated person.

When submitting a request for protection of rights to the Client, a Claimant is obliged to submit the proof of fee payment.

The proof is any document determining that the payment was executed in the appropriate amount referred to in Article 225 of the Law on Public Procurement and that it refers to the relevant request for protection of rights.

Valid proof of fee payment, in accordance with the Instructions on fee payment for submitting a request for protection of the rights to the Republic Commission, is published on the website of the Republic Commission.

Fee amount:

I. If the request for protection of rights is submitted in accordance with Article 214. Paragraph 2 and Paragraph 4 and Article 215 of the Law on Public Procurement:

- The fee is 120,000 dinars, regardless of the amount of the estimated value of the procurement

II. If the request for protection of rights is submitted in accordance with Article 214. Paragraph 3 of the Law on Public Procurement

- The fee is 0.1% of the estimated value of the procurement and a maximum of 1,200,000 dinars, if the

estimated value of the procurement is higher than 120,000,000 dinars