ABBREVIATIONS USED - fmfib.bg na vunshni... · Web viewHigher education with a minimum Bachelor's or Master's Degree in the area of the respective lot or equivalent and according

DOCUMENTATION

TO CONDUCT A PUBLIC PROCUREMENT COMPETITION WITH THE SUBJECT MATTER:

SELECTION OF EXTERNAL EXPERTS ON SPECIFIC AREAS OF FINANCIAL INSTRUMENTS TO SUPPORT DEPARTMENT "PROJECT INFORMATION AND FINANCING" WITHIN

THE "FUND MANAGER OF FINANCIAL INSTRUMENTS IN BULGARIA" EAD

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The order is carried out in accordance with the approved project of FMFIB EAD on the Invitation for projects SG/AS/EIAH/2017-1621/MS of the EC and THE EIB/EIAH and the Agreement between FMFIB EAD and the EIB from 17.01.2020 to finance the development and implementation of

investment advisory services

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2020, Sofia

Documentation for selection of external experts

ABBREVIATIONS USED

ESPD European Single Procurement Document (ESPD)

EIB European Investment Bank

UID Unified identification code

EIAH European Investment Advisory Hub

EU European Union

ESIF European Structural and Investment Funds

EFSI European Fund for Strategic Investments

LMML Law on Measures against Money Laundering (LMML)

PPA Public Procurement Act

CC Criminal Code

OPIC Operational Programme "Innovation and Competitiveness"

OPE Operational Programme "Environment"

OPRG Operational Programme "Regions in Growth"

RAPPA Rules of application of the PPA

SCF Structural and Cohesion Funds

DPIF Department “Project Information and Financing”

FMFIB "Fund Manager of Financial Instruments in Bulgaria" EAD

SIC Social Insurance Code

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CONTENT

ABBREVIATIONS USED....................................................................................................................................

CONTENT........................................................................................................................................................

SECTION I. GENERAL PROVISIONS..................................................................................................................

SECTION II. TECHNICAL SPECIFICATION..........................................................................................................

SECTION III. CONDITIONS FOR PARTICIPATION IN THE PROCEDURE..............................................................

SECTION IV. INSTRUCTIONS FOR PREPARING THE OFFER............................................................................

SECTION V. CONTENT OF THE OFFER...........................................................................................................

SECTION VI. SELECTION CRITERIA................................................................................................................

SECTION VII. TENDER ASSESSMENT CRITERIA..............................................................................................

SECTION VIII. CONDITIONS AND PROCEDURE FOR THE CONDUCT OF PROCEEDINGS.................................

SECTION IX. CONTRACT................................................................................................................................

SECTION X. APPEAL......................................................................................................................................

SECTION XI. TEMPLATES...............................................................................................................................

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SECTION I. GENERAL PROVISIONS

1. Type of procedure for the award of the contract: public competition, according to art. 18, para. 1, item 12 of the Public Procurement Act (PPA).

2. Subject of the contract: ‘’Selection of external experts on specific areas of financial instruments to support Department “Project Information and Financing” (DPIF) within the "Fund Manager of Financial Instruments in Bulgaria" EAD (FMFIB)’’.

3. Object of the contract: service within the meaning of article 3, para 1, item 3 of the PPA.

4. Lots:

4.1. Lot 1 External Expert – Legal expert (1 no.);

4.2. Lot 2 External Expert – Engineer/ Architect (3 no.);

4.3. Lot 3 External expert – Expert on Research, Development and Innovation (3 no.);

4.4. Lot 4 External expert – Environmental expert/ Ecologist (3 no.);

4.5. Lot 5 External expert – Expert in State Aid (3 no.);

4.6. Lot 6 External expert – Financial / banking expert (3 no.);

5. Estimated (maximum) value of the contract:

5.1. The estimated (maximum) value of the public contract is 263 055 (two hundred sixty-three thousand and fifty-five) BGN without VAT.

5.2. The estimated (maximum) value of the procurement for Lot 1 is up to BGN 25,000 (twenty-five thousand) BGN excluding VAT and for Lots 2 to 6 to 50,000 (fifty thousand) BGN excluding VAT for the period up to 12 months for each individual contract.

* Note: Regardless of the number of experts hired for the position, the amount specified in paragraph 5.2 is the maximum amount allowed by position, the award being admissible until its exhaustion or until the limit is reached, according to the budget of the project providing the funds for this procurement.

6. The contract is financed by means: a.) on an approved project of FMFIB EAD under a call for projects SG/AS/EIAH/2017-1621/MS of the EC and EIB/EIAH and Agreement between FMFIB and the EIB of 17.01.2020 for financing the development and implementation of investment consultancy services, and b.) from the Bulgarian National Budget.

7. Any natural or legal person may participate in a single lot. According to an agreement between FMFIB EAD and the EIB of 17.01.2020 to finance the development and implementation of investment advisory services for lots 2 to 6 the Contracting Authority should sign contracts with one national and one international expert in each lot, as an international expert it is not compulsory under Lot 1 - External expert - Lawyer.

8. For the purposes of the procurement, the following concepts are defined:

8.1. A financial instrument is a contract or other type of legal relationship so that one party provides the other with a specific form of total or partial non-grant financial support or financial risk sharing.

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8.2. National expert is a natural or legal person who can demonstrate experience on a financial instrument on the Bulgarian market.

8.3. An international expert is a natural or legal person who can demonstrate experience in a financial instrument on another outside the Bulgarian market.

9. Time limit for the execution of the subject of the contract:

9.1. The time limit for the execution of the subject of the public contract shall be 12 (twelve) months from the date of entry into force of the contract for the lot concerned, but not later than 30.06.2021.

9.2. The contract shall enter into force on the date of its signature by the parties. The performance of the activities covered by the contract shall be launched from the first day of the month following the date of signature by the parties.

9.3. The time limit for the execution of the specific activities within the scope of each lot of the contract shall be a separate agreement between DPIF within FMFIB and the Contractor prior to the outsourcing of the respective activity. The assignment of each assignment is carried out with a separate assignment letter / e-mail, which specifies the tasks, volume and parameters that are the subject of the specific assignment. The award letter / e-mail may also be accompanied by relevant documents relevant to the specific award. The contractor by letter / email confirms whether or not the specific contract has been accepted.

9.4. The time limit for the execution of the specific activities within the scope of each lot of the contract shall be a separate agreement between DPIF within FMFIB and the Contractor prior to the outsourcing of the respective activity. The assignment of each assignment will be done with a separate assignment letter, which specifies the tasks, volume and parameters that are the subject of the specific assignment. The award letter may also be accompanied by relevant documents relevant to the specific award.

10. Place of performance:

10.1. The territory of the Republic of Bulgaria, depending on the location of the project and the assigned activity.

10.2. Mission expenses, etc. Associated with them are included in the remuneration of the experts of the present contract and under no circumstances shall be paid an additional fee from the FMFIB.

10.3. The prospective contractor may agree to perform activities outside the principal venue. In this case, it should ensure, at its own expense and under its responsibility, that technical means of remote communication and secure data and information exchange are available.

11. Reporting and acceptance of work:

11.1. Within five (five) working days after the end of the relevant calendar month from the entry into force of the contract, the Contractor shall draw up and send to the Contracting Authority (FMFIB) a report on the work performed/executed during the past month using a specimen with a reference to the time worked. The report is addressed to director DPIF at FMFIB. The Contracting Authority or its designated person within 5 (five) working days of receipt of the statement approves or requires additional information on the report. The Contractor shall, within five (five) business

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days of receiving the instructions/comments of the assignor or a person specified by him, adjust/update the report and resend it to the assignor for approval. In the event of a refusal or delay in the sending of an adjustedn/н a report, it shall be deemed to be unapproved and remuneration not due and shall not be paid.

11.2. Where the Contracting Authority accepts the Contractor's report for a specified month and the Applied Time report, a bilateral acceptance report shall be signed on the basis of which the Contracting Authority pays the remuneration for the month concerned.

12. Purpose of the contract:

12.1. The main purpose of the public procurement is to create a pool of highly qualified and experienced Bulgarian and international experts to support the work of DPIF at FMFIB in preparation of projects for funding from ESIF/EFSI, complementing the available capacity.

12.2. The activities of the contracted experts as a whole involve the provision of technical, financial and / or legal advice in the preparation of project proposals in the fields of urban development, tourism and cultural heritage, energy efficiency, sustainable mobility, economic development, smart systems, innovation and transfer technology, environmental protection and more. and all project related documents, incl. reviewing business plans, preliminary studies, feasibility assessments, ensuring compliance with the relevant state aid regime, cost-benefit analysis, technical specifications, project and tender documentation, etc.

12.3. The activities of the selected experts will be provided only if necessary and FMFIB does not commit to a minimum individual paid commitment.

SECTION II. TECHNICAL SPECIFICATION

13. The aim of the public procurement is to create a pool of highly qualified and experienced Bulgarian and international experts to support, in specific areas, the work of DPIF within FMFIB in the preparation of project proposals for funding from ESIF/EFSI, complementing the available capacity.

14. Activities of the external experts in the six lots:

14.1. Expert assistance to collect, consolidate, analyse and coordinate the information necessary for preparation and development of a project proposal.

14.2. Technical assistance according to the specific lot, including but not limited to:

Lot 1 External Expert 1 – Lawyer - review of contracts and other legal documents for compliance with Bulgarian and European legislation; drafting legal opinions; providing advice on PPP/concessions, public procurement, etc.

Lot 2 External Expert 2 – Engineer/ Architect – review of feasibility studies, technical specifications, drawings, tender documentation and other project documents; drafting of opinions and assistance in correcting documents; advising on choosing plots, building infrastructure and construction; Bulgarian and/or European norms, etc.

Lot 3 External expert 3 – Expert on Research, Development and Innovation – advice on technology transfer, commercialization of research results, intellectual property rights, new ideas and products to business, etc.

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Lot 4 External Expert 4 – Environmental expert/ Ecologist -review of environmental assessments, EIA and plans for environmental impact management; assessment of environmental risks and the impact on climate; drafting of opinions and corrections of documents; advice on compliance with the Bulgarian and European legislation on environment, climate and circular economy, etc.;

Lot 5 External expert 5 – Expert in State Aid – assessment of the compliance of the final recipient, the project and the parameters of the financing with the applicable state aid rules; calculation of state aid for project initiatives, consultations and advice on compliance with the Bulgarian and European legislation, etc.;

Lot 6 External expert 6 – Financial / banking expert – assessment and corrections of business plans incl. Investment and operational costs, project financial performance, financial sustainability, cost-benefit analysis, sensitivity analysis and risk assessment, socio-economic analysis; Identifying financial gaps and appropriate sources of funding, etc.

14.3. Communicating with stakeholders and institutions in relation to the said potential project Proposals, consultations and advice, participation in events, workshops, etc.

14.4. Preparation of reports, documents, briefs related to the execution of the assigned activities.

14.5. Other relevant activities in the described areas of preparation and approval of project proposals.

14.6. During the execution of the public procurement contract, the selected contractor of the respective lots shall not be entitled to replace the expert named in the Expert List for the expert who will perform the activities subject to the contract for the respective lot without the prior written consent of the contracting authority.

14.7. The contractor may propose an expert replacement in the following cases:

upon the death of the expert;

if the expert is unable to perform his / her assigned work for more than 30 (thirty) days;

in the event of the expert being deprived of the right to pursue a particular profession or activity directly related to his activity in the performance of this contract;

in convicting the expert of imprisonment for a premeditated crime of general nature;

when necessary to replace the expert for reasons beyond the control of the Contractor.

14.8. In the cases referred to in paragraph 14.7, the Contractor shall notify the Contracting Authority in writing, giving reasons for its proposal to replace an expert and enclose evidence of any of the reasons described. With the notification, the Contractor proposes an expert to replace the existing expert, indicating his qualification and professional experience and providing evidence to that effect. The new expert must have a professional qualification, education and experience equivalent or higher than that of the replaced expert. The contracting authority may accept the replacement or reasonably refuse the proposed expert. Upon refusal by the Contracting Authority to accept the proposed expert, the Contractor shall propose another expert meeting the requirements of the Contracting Authority with a new notification containing the information and evidence described above.

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14.9. Under no circumstances will the replacement of an expert be a reason for the Contractor to request and receive any other additional payment beyond the price offered by him for the execution of the contract.

SECTION III. CONDITIONS FOR PARTICIPATION IN THE PROCEDURE

15. In the present procedure may participate, by submitting a bid, any Bulgarian or foreign natural or legal person or their associations, as well as any other entity entitled to perform services under the legislation of the State in which it is established.

16. The Contracting Authority shall remove, on the grounds of art. 54, para. 1) of the PPA, from participation in the procedure for the award of this contract participant, where:

16.1. has been convicted by a final conviction for an offence under art. 108 а, art. 159 A-159 g, art. 172, art. 192 а, art. 194-217, art. 219-252, art. 253-260, art. 301-307, art. 321, 321 A and art. 352-353 is from the Criminal Code;

16.2. has been convicted by a final conviction for a criminal offence similar to those under item 1) in another Member State or third country;

16.3. has obligations for taxes and compulsory social security contributions within the meaning of art. 162, para. 2, item 1 of the Code of social insurance and the interest thereon, to the State or to the municipality of the principal's registered office and to the applicant or participant, or similar obligations, under the law of the country in which the candidate or participant is established, evidenced by an act of a competent authority which has entered into force (note: It shall not apply where the amount of unpaid taxes or social security contributions is up to 1% of the annual turnover amount for the last financial year closed, but not more from 50 000 BGN);

16.4. there is an inequality in the cases under art. 44, para. 5 PPA;

16.5. was found to be:

(a) has submitted a false document relating to the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria;

(b) has not provided required information relating to the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria;

16.6. Established by a final criminal decree or judgment, violation of art. 61, para. 1, art. 62, para. 1 or 3, art. 63, para. 1 or 2, art. 118, art. 128, art. 228, para. 3, art. 245 and art. 301-305 from the labor Code or art. 13, para. 1 of the Law on labour migration and labour mobility or similar obligations established by an act of a competent authority under the law of the country in which the candidate or participant is established;

16.7. There is a conflict of interest that cannot be remedied.

17. The Contracting Authority shall remove, on the grounds of art. 55, para. 1, item 1 and item 5 in relation to art. 55, para. 5 PPA, from participation in the procedure for the award of this contract participant, where any of the following circumstances exist:

18. On the basis of art. 55, para. 4 PPA The assignor has the right not to remove from the procedure participant on the grounds of art. 55, para. 1, item 1 PPA) If it is demonstrated that the latter has not ceased its activity and is able to perform the contract under the applicable national rules for the continuation of business in the country where it is established.

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19. Note: The grounds referred to in point 16.1, 16.2, 16.7 and 17.2 of this section of the documentation shall apply to the persons representing the participant or the applicant and to the members of its management and supervisory bodies in accordance with the Register in which the participant is entered or Applicant, if any, or the documents certifying his legal personality. Where a legal person is involved in the composition of those bodies, the reasons shall apply to the natural persons who represent it in accordance with the Register in which the legal person is entered, if any, or the documents certifying its legal personality. In cases where the candidate or participant or legal person in the composition of his control or management body is represented by a natural person by mandate, the grounds shall also apply to that natural person. The persons are defined according to art. 40, para. 1 of the PGPPA.

20. Other grounds for exclusion:

20.1. According to art. 101, para. 11 of the PPA related parties may not be stand-alone candidates or participants in the same procedure. The Contracting Authority will remove from participation in the procedure:

20.2. Participants who are related persons within the meaning of par. 2, item 45 of the PD of the PPA and have submitted a tender for this order.

20.3. A Participant shall also be removed when it is established:

a) that it is a company incorporated in a preferential tax jurisdiction or controlled by such a company, or any of the members of the merger is a registered or controlled company, unless there is an exception under section 4 of the Economic and Financial Relations Act with companies registered in preferential tax jurisdictions;

b) that the circumstances of Article 69 of the Anti-Corruption and Confiscation of Illegal Acquisition Act are present against the Participant or the person representing him.

20.4. A participant who has submitted a tender that does not meet the: a) The pre-announced conditions for the performance of the contract;b) Rules and requirements relating to environmental protection, social and labour

law, applicable collective agreements and/or international environmental, social and labour law provisions, which are listed in Annex 10 of the PPA.

20.5. Participant who has not submitted the justification under art. 72, par. 1 of the PPA or whose tender is not accepted pursuant to art. 72, para. 3-5 of PPA.

20.6. A participant who, after an invitation from the Contracting Authority and within the period specified therein, does not extend the period of validity of his tender, as well as a participant who, after an invitation from the assignor, has not confirmed the validity of his tender for a new period.

20.7. Participant which has offered a total price for the execution of the subject matter of the relevant lot in the amount higher than that specified in the notice and this documentation (maximum) value.

20.8. A candidate or participant who submits an application or tender which does not meet the conditions for presentation, including the form, manner and duration.

20.9. A participant who does not meet the criteria set for selection or fails to fulfil another condition specified in the contract notice or in this documentation.

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20.10.Important: When submitting the offer, the participant declares the absence of the grounds for exclusion by presenting the ESPD with the provision of the relevant information required by the assignor-the relevant sections of the ESPD are filled in part III, the grounds for exclusion ", as follows:

a) In Part III, Section A, '’Grounds relating to criminal convictions’' by the ESPD participant should provide information on convictions for the following offences:

Participation in a criminal organization under art. 321 and 321a of the CC;

Corruption under art. 301-307 of the CC;

Fraud under art. 209-213 of the CC;

Terrorist offences or offences related to terrorist activities under art. 108, para. 1 of the CC;

Money laundering or terrorist financing under art. 253, 253a or 256 of the CC and under art. 108, para. 2 of the CC;

Child labour and other forms of trafficking in human beings under art. 192a or 159a-159d of CC.

b) In Part III, Section D '’Specific national grounds for exclusion’', the ESPD participant should provide information on the:

convictions for crimes under art. 194-208, art. 213 A-217, art. 219-252 and art. 254 A-255 a and art. 256-260 by CC.

violations under art. 61, para. 1, art. 62, para. 1 or 3, art. 63, para. 1 or 2, art. 228, para. 3 of the Labour Code;

violations under art. 13, para. 1 of the Labour Migration Act and labour mobility in force since 23.05.2018;

circumstances under art. 69 of the Law against corruption and the confiscation of illegally acquired property;

c) In Part III, Section B, ‘’Grounds relating to the payment of taxes or social security contributions’’ by the ESPD participant shall provide information on the absence or presence of circumstances under item 16.3.

d) In Part III, Section C, ‘’Grounds relating to bankruptcy, conflict of interest or professional misconduct’’ by the ESPD the participant shall provide information about the absence or existence of any sweat circumstances. 16.5 -17.2.

e) Information about the absence or presence of circumstances under item 16.1 for crimes under art. 172 and art. 352-353 is the SP is to be completed in part III, section D of the ESPD.

f) The information concerning the absence or existence of the circumstances under 20.2 and under item 20.3 shall be completed in part III, ' grounds for exclusion ', section D of the ESPD.

21. Where a participant in the procedure is an association of natural and/or legal persons, it shall be removed from participation where one of the grounds for exclusion is available to a member of the grouping.

22. It is not possible for a foreign natural or legal person to participate in the procurement procedure for which, in the state in which it is established, one of the circumstances of paragraph 20 and/or paragraph 21 of this section of the procurement documents is available.

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23. A participant in the procedure for which there are grounds for exclusion under point 16 and/or paragraph 17 of this section of the procurement documents shall be entitled to furnish proof that it has taken measures guaranteeing its reliability, pursuant to art. 56, para. 1 of the PPA, namely:

a) that he has repaid his obligations under art. 54, para. 1, item 3 of the PPA, including accrued interest and/or fines or that they are deferred, deferred or collateralised;

b) has paid or is in the process of paying the compensation due for any damage resulting from the offence or breach committed by it;

c) that it has exhaustively clarified the facts and circumstances by actively cooperating with the competent authorities, and has complied with specific prescriptions, technical, organisational and staffing measures to prevent new offences or infringements;

d) has paid the total receivable due under art. 128, art. 228, para. 3 or art. 245 of the Labour Code.

The reliability measures shall be described by the participant, at the submission of the tender, in the ESPD and evidenced as to the ESPD, the participant shall provide the relevant evidence of its reliability referred to above, resp. In art. 45, para. 2 of the RAPPA.

23.1. The Contracting Authority shall assess the measures taken by the applicant or participant, taking into account the seriousness and specific circumstances of the offence or offence.

23.2. In the event that the measures taken by the applicant or the participant are sufficient to ensure its reliability, the Contracting Authority shall not remove it from the procedure.

23.3. The reasons for accepting or rejecting the pot taken. 8. Measures and the evidence submitted shall be indicated in a protocol, depending on the type and stage at which the procedure is situated.

23.4. A participant who, with a final judgment or other act under the law of the State in which the judgment is pronounced or has been issued, is deprived of the right to participate in public procurement or concession procedures shall not be entitled to use the prescribed item 23 time determined by the sentence or act.

24. Application of the grounds of exclusion referred to in paragraph 16 and paragraph 17 of this section to the procurement documents:

24.1. The Contracting Authority shall remove from the procedure a participant for whom there is a reason under item 16 and item 17 that arose before or during the procedure, incl. Where an applicant or a participant in the procedure is a grouping of natural and/or legal persons and a member of the grouping has one of the grounds for exclusion.

24.2. The grounds for exclusion under point 16 and 17 shall apply until the following deadlines have elapsed:

Five years from the entry into force of the sentence-in terms of circumstances under art. 54, para. 1, item 1 and 2 of the PPA, unless another term of the sentence is indicated in the sentence;

Three years from the date of:a) The entry into force of the decision of the Contracting Authority by which the candidate

or participant has been removed for the existence of the circumstances of art. 54, para. 1, item 5 (a) of the PPA;

b) The entry into force of an act of a competent authority which has established the existence of the circumstances under art. 54, para. 1, item 6 of the PPA, unless another term is indicated in the Act;

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c) The entry into force of a judgment or other document proving the existence of the circumstances of art. 55, para. 1, item 4 of the PPA.

25. To demonstrate the absence of grounds for exclusion under point 20 and item 21 of this section, the documentation shall be submitted:

a) Of the circumstances under art. 54, para. 1, item 1 of the PPA-Certificate of conviction;b) Of the circumstance under art. 54, para. 1, item 3 of the PPA-certificate from the

revenue authorities and a certificate from the municipality of the headquarters of the Contracting Authority and the candidate or participant;

c) Of the circumstance under art. 54, para. 1, item 6 of the PPA and art. 56, para. 1, item 4 of the PPA-Certificate from the authorities of the Executive agency "General Labour Inspectorate";

d) Of the circumstances under art. 55, para. 1, item 1 PPA-Certificate issued by the registry agency.

25.1. Where the participant chosen as the performer is a foreign person, he shall submit the relevant document under item 25 issued by the competent authority in accordance with the law of the country in which the participant is established. In this case, where no documents are issued in the State concerned or where the documents do not include all the circumstances, the participant shall submit a declaration if such a declaration has a Declaration has no legal significance, the participant submits a formal application made to a competent authority in the country concerned.

26. Access to procurement documents:

26.1. The Contracting Authority shall grant unrestricted, complete, free and direct access by electronic means to the procurement documents from the date of publication of the notice in the Official Journal of the European Union. The notice shall specify the Internet address at which the procurement documents are accessible.

27. Request for explanations and time-limits for giving explanations:

27.1. Persons may request in writing from the Contracting Authority clarifications on the terms and conditions contained in the decision, the notice, the procurement documents and the descriptive document within 5 days before the expiry of the time limit for receipt of tenders.

27.2. The Contracting Authority shall provide the explanations within 3Days of receipt of the request. The explanations do not indicate the person who made the enquiry.

27.3. The Contracting Authority shall not provide clarification if the request has been received after the abovementioned period.

27.4. The explanations are provided through the buyer's profile to the assignor in the account of the present contract.

27.5. Changes to the terms of the procedure cannot be introduced with explanations.

28. Information on duties relating to taxes and social security, protection of the environment, employment protection and working conditions:

28.1. Participants can obtain the necessary information on duties related to taxes and social security, environmental protection, employment protection and working conditions in force in the Republic of Bulgaria and relevant to the service subject to the contract, as follows:

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a) on obligations relating to taxes and contributions: National Revenue Agency: Tel: +359 700 18 700; Internet address: www.nap.bg;

b) on obligations, environmental protection: Ministry of Environment and Water, Information Centre: Works for visitors every working day from 14 to 17 a.m., 1000 Sofia, ul. "W. Gladston" No 67, Tel: +359 2 9406331, Internet address: http://www3.moew.government.bg’

c) Obligations, employment protection and Working conditions: Ministry of Labour and Social policy: Internet Address: http://www.mlsp.government.bg, Sofia 1051, Triaditsa Str. No.2, Tel: +359 28119 443;

d) Employment Agency-Internet Address: https://www. az. Gove Schmitt. BG Address: Sofia 1000, Blvd. "Dondukov" No 3, Tel: +359 2 980 87 19, Fax:+359 2 986 78 02;

e) Executive agency "General Labour Inspectorate"-Internet address: www.gli.government.bg, Address: Sofia 1000, ul., Dondukov "No 3, Tel: +359 700 17 670.

29. Changes to the terms of the procedure:

29.1. The Contracting Authority may, on its own initiative or at the request of an interested party, make changes to the terms of the procedure specified in the notice announcing the opening of the procedure and the procurement documents in accordance with art. 100 of the PPA.

29.2. Interested parties may make proposals for changes to the documents under item 29.1 within 10 days of the publication of the notice in the ROP announcing the initiation of the proceeding.

29.3. The Contracting Authority may make the changes under item 29.1. Once within 14 days of publication in the ROP of the notice announcing the opening of the procedure by publishing a notice of amendment or additional information and the decision approving it.

29.4. After the expiry of the period under item 29.3 the Contracting Authority may make changes only within the stated deadlines by publishing notices of amendment or additional information and the decisions approving it.

29.5. The Contracting Authority shall extend the time limits for receipt of tenders where:

a) in the case of sweat. 29.1 significant changes were made to the terms of the declared contract which necessitate a change in the offers of the participants; the new period must be consistent with the time it takes for individuals to familiarise themselves with and reflect the changes, but may not be shorter than originally defined;

b) Prompt clarification of the conditions of the procedure is requested and they may not be presented within the period under art. 33, para. 2 PPA; From the day of publication of the explanations in the buyer's profile until the closing date for submission of tenders, there may be no less than 6 days;

29.6. With the notice of amendment or additional information in cases of changes under 29.5, sub-paragraph (a) The Contracting Authority shall not introduce any conditions which would alter the stakeholder circle.

29.7. The Contracting Authority shall extend the time limits laid down in the procedure where this is necessary in relation to appeal proceedings.

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29.8. The Contracting Authority shall set new time limits in the procedure where no applications or tenders have been received or only one application or tender has been obtained within the period initially specified.

29.9. Publication of the Notice of amendment or additional information shall be deemed to be notified to all interested parties.

30. Subcontractors:

30.1. Where a participant in the procedure is a legal person or group of natural and/or legal persons on the grounds of art. 66, para. 1 of the PPA, where the candidate or participant intends to use subcontractors, it shall:

a) indicate in its tender the proposed sub-contractors and the proportion of their participation;

b) Provide evidence of the commitments made by the sub-contractors.

30.2. Subcontractors must comply with the relevant selection criteria according to the type and proportion of the contract they will perform and there are no grounds for exclusion from the procedure.

30.3. The Contractor shall conclude a subcontracting agreement with the subcontractors indicated in the tender. Subcontractors shall not be entitled to sublicect one or more of the activities which are covered by the subject matter of the subcontracting agreement.

30.4. The Contracting Authority shall require replacement of a subcontractor who does not meet the conditions of 30.2.

30.5. Where the part of the contract to be performed by a subcontractor can be transmitted as an independent task to the Contractor or to the Contracting Authority, the Contracting Authority shall pay remuneration for that part of the subprocessor.

30.6. The payouts under item 30.5 shall be effected on the basis of a request made by the subcontractor to the Contracting Authority through the Contractor, who shall be obliged to provide it to the Contracting Authority within 15 days of its receipt.

30.7. To the request under item 30.6, the Contractor provides an opinion showing whether it contests the payments or part of them as undue.

30.8. The Contracting Authority shall have the right to refuse payment under item 30.6 when the request for payment is challenged until the reason for the refusal has been removed.

30.9. The rules applicable to direct payments with subcontractors are set out in the present procurement documents and in the contract for the award of the contract.

30.10.Regardless of the possibility to use subcontractors the responsibility for the execution of the public contract is the Contractor.

30.11.After the conclusion of the contract and at the latest before the commencement of its execution, the Contractor shall inform the Contracting Authority of the name, contact details and representatives of the subcontractors indicated in the tender. The Contractor shall inform the Contracting Authority of any changes to the information provided during the execution of the contract.

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30.12. Replacement or inclusion of a subcontractor during the performance of a public contract shall exceptionally be allowed where the need arises if the following conditions are met at the same time:

For the new subcontractor there are no grounds for exclusion in the procedure;

The new Subcontractor fulfils the selection criteria to which the previous subcontractor has in charge in respect of the share and type of activities to be carried out.

30.13. In case of replacement or inclusion of a subcontractor, the Contractor shall submit to the Contracting Authority a copy of the contract with the new subcontractor together with all documents demonstrating fulfilment of the conditions under 30.12, within three days of its conclusion. Note: When submitting the offer, the participant declares the circumstance in part II, section D of the ESPD and in the case of applicability in part IV, section C of the ESPD.

31. Use of third-party capacity

31.1. Applicants or participants may rely the capacity of third parties, regardless of the legal relationship between them, as regards the criteria relating to economic and financial standing, technical and professional capabilities.

31.2. As regards the criteria relating to professional competence and experience for the performance of the contract, applicants or participants may rely the capacity of third parties only if those persons will participate in the performance of the part of the contract for which it is This capacity is needed.

31.3. Where a participant relies on the capacity of third parties, it must be able to demonstrate that it will have their resources, by submitting documents on the commitments made by third parties.

31.4. Third parties must satisfy the relevant selection criteria to prove to which the participant relies on their capacity and that there are no grounds for exclusion from the procedure.

31.5. The Contracting Authority shall require the participant to replace the third party designated by it if it does not comply with any of the conditions set out in point 31.4 because of a change in circumstances prior to the conclusion of the procurement contract.

31.6. The Contracting Authority shall require joint and several liability for the performance of the contract by the participant and the third party whose capacity is used to demonstrate compliance with the criteria relating to the economic and financial situation.

31.7. Where a participant in the procedure is an association of natural and/or legal persons, it can demonstrate the fulfilment of the selection criteria with the capacity of third parties under the conditions of the pot. 31.2-31.4.

31.8. Note: When submitting the offer, the participant declares the fact in part II, section C of the ESPD and provides information on the technical and professional abilities on the basis of which the persons are involved in the performance of the contract (in case of applicability) in Corresponding field in part IV, section C of the ESPD.

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SECTION IV. INSTRUCTIONS FOR PREPARING THE OFFER

32. Preparation of the Offer

32.1. The participants must examine all the instructions and conditions for participation given in the notice and the present procurement documents. In preparing the offer each participant must adhere exactly to the conditions announced by the assignor.

32.2. Each participant in the procurement procedure shall be entitled to submit only one tender.

32.3. A person who participates in a grouping or has consented to be a subcontractor to another participant in the proceeding may not submit an offer on his own.

32.4. In the procedure for the award of the contract, a natural or legal person may participate in only one grouping.

32.5. In the performance of the contract, the grouping participants shall be jointly and severally liable.

32.6. A foreign branch may be a stand-alone participant in the contract if it can itself submit tenders and conclude contracts in accordance with the law of the State in which it is established.

32.7. Affiliates may not be independent participants in the procedure. On the basis of art. 46, para. 1 of the RAPPA the participants are obliged to notify the Contracting Authority in writing within 3 days from the occurrence of the circumstance under art. 101, para. 11 PPA.

32.8. Variants of the offer are not allowed.

32.9. The submission of a tender obliges the participant concerned to fully accept all the requirements and conditions specified in this documentation, subject to the PPA and other regulations related to the execution of the subject of the contract. Placing different conditions and requirements on the part of the participant may result in its removal.

32.10.The tender shall be submitted for the entire volume of the lot concerned.

32.11.The participants in the procedure are represented by their legal representatives or by persons expressly authorized.

32.12.All costs incurred in preparing and submitting tenders shall be borne by the relevant participants in the procedure.

32.13.Documents relating to participation in the procedure shall be submitted by the participant, or by his authorized representative, personally or by postal or courier service, by registered shipment with acknowledgement of receipt, at the address indicated by the Contracting Authority.

32.14.The documents referred to in item 32.13 shall be presented in a sealed opaque packaging showing: the name of the participant, including the participants in the

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grouping, where applicable; Mailing address, telephone and, if possible, fax and email address; Name of the order.

The contents of the package are described in detail in Section V "Content of the offer".

32.15.In the event that the participant sends the offer by registered mail with acknowledgement of receipt, the costs are at his expense. In that case, he shall send the tender so as to ensure that he is received at the address specified by the Contracting Authority within the time limit set for the submission of tenders indicated in the notice. The risk of delay or loss of the offer is for the participant.

32.16.The Contracting Authority does not undertake to contribute to the arrival of the offer at the address and within the time limit specified by it. The participant may not ask the Contracting Authority to cooperate as: Customs clearance of a shipment, receipt by request of a post office, or similar.

32.17.When accepting the offer on the envelope, the sequence number, date and time of receipt shall be indicated and the data shall be entered in an entry register for which a document is issued to the bearer.

32.18.Tenders submitted or received by the Contracting Authority shall not be accepted upon expiry of the deadline for receipt or presented in an unsealed package or in an intact package. Such tenders shall immediately be returned to the sender and the relevant circumstance shall be recorded in the register. Where, at the time of expiry of the deadline for the receipt of requests to participate or offers to the place designated for their submission, there are still pending persons, they shall be included in a list to be signed by a representative of the Contracting Authority and the persons present. The offers of persons on the list shall be bring in the register under item 32.17. No offers may be accepted by persons not included in the list.

32.19.The documents contained in the tender shall be signed by the managing and representing the participant according to its current registration. In the event that the offer is not signed by the managing and representing the participant according to its current registration, the participant shall submit to his offer a notarized explicit authorization in original/notarized copy of the person representing the participant in the procedure. The authorisation should contain all the details of the persons (authorised and mandated) and an explicit statement that the authorised person has the right to sign the offer and to represent the participant in this proceeding.

32.20.If a participant is a consortium which is not a legal entity, the tender documents must be signed by the grouping representing them.

32.21.All documents contained in the offer should be in Bulgarian. Where the participant in the procedure is a foreign natural or legal person or an association of foreign natural and/or legal persons, the documents referred to in section V of the documentation shall be presented in a translation into Bulgarian.

32.22.Documents which are not specifically indicated in what form they are presented (other than those which may be only in the original) shall be applied in the original or in a copy certified by the participant "true to the original".

32.23.Where a document is defined as being capable of being presented by means of a ' certified copy ', a document shall be considered to be the copy of the document

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containing the text ' True to the original ' and has a handwritten signature of the representative of the participant and affixed Printing (if available).

32.24.The samples presented in this documentation are obligatory for the participants. If the offer is not presented by the attached samples, the assignor removes the participant from the procedure due to the discrepancy of the offer with the documentation requirements.

32.25.Participants are obliged to notify the Contracting Authority in writing within 3 days from the occurrence of circumstance under art. 54, para. 1 of the PPA, art. 101, para. 11 of the PPA or designated by the Contracting Authority under art. 55, para. 1 PPA. In these cases, the currently appeared circumstances are taken into account by the Commission when drafting the documents under art. 106, para. 1 PPA.

32.26.The Contracting Authority shall invite participants to extend the validity of tenders when they have not expired. When the time limit has expired, the Contracting Authority shall invite the participants to confirm the validity of their bids for a new period. A participant who does not extend or confirm the term of validity of his tender shall be removed from participation.

33. Calculation of deadlines:

33.1. The periods specified in this documentation shall be calculated as follows:

a) Where the time limit is expressed in days, it expires at the end of the last day of that period. The last day of the period shall expire at the time of completion of the working time of the Contracting Authority;

b) Where the last day of a period coincides with a public holiday or a day off on which a specific action is to be carried out, the time limit shall be deemed to expire at the end of the working time of the Contracting Authority on the first working day following the official holiday/day of rest.

33.2. Deadlines in the documentation are in Calendar days/calendar months.

SECTION V. CONTENT OF THE OFFER

34. Failure by the participant to provide all requested information or submit a tender not satisfying the conditions specified by the assignor in the notice and this documentation shall in any event entail its removal.

35. Offer content:

36. On the basis of art. 101, para. 6 of the PPA tenders are drawn up in Bulgarian.

37. The submission of a tender shall be deemed to agree with all the terms and conditions of the Contracting Authority, including the term of validity of the tenders and the draft contract, part of the procurement documents.

38. The offer is presented in a sealed opaque packaging, which includes:

38.1. Inventory of documents presented in the offer -to be drawn up in Template No. 1 of this documentation.

38.2. Application Form, incl.:

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38.3. European Single Procurement Document (ESPD) for the participant in accordance with the requirements of the law and the conditions of the Contracting Authority, (a) where applicable, the ESPD for each of the participants in the grouping, which is not a legal person, for each subcontractor and for each person whose resources will be engaged in the performance of the contract-draw under Template No 2/ Template No 2.1 of this documentation, pursuant to article 67, paragraph 4 of the PPA.

38.4. The ESPD is completed and signed in accordance with the conditions described in the ESPD and in compliance with the requirements of art. 67 by PPA, art. 41-43, art. 45 of the RAPPA.

38.5. On the basis of art. 67, para. 4 of the PPA, the single European public procurement document (ESPD) and according to the methodological instruction of the public procurement agency no MU-4/02.03.2018, must be submitted in electronic form as follows:

38.6. Preparation of a sample of the ESPD:

38.7. By using the free service provided by the European Commission through the ESPD Information system. The system is available directly at: 11ttps://espd. eop. BG/ESPD-weЬ/Fiiter? Iang = bg. The system retains the files in two formats: PDF-suitable for viewing, and XML-suitable for computer processing. It is advisable to download the ESPD in both formats. The ESPD system is an online application and can not store data, considering which the ESPD in XML or PDF format should always be saved and stored locally on the user's computer (the participant).

38.8. According to the methodological guideline, the adjudicating entity has drawn up the ESPD in formats. XML and. PDF (Template 2.1., appended to this documentation as "ESPD. R").

38.9. By providing a standard ESPD template prepared with an appropriate word processing program.

38.10.The Contracting Authority shall provide a model of the ESPD (Template No 2 to this documentation) in the format of MS Word, which is suitable for processing and mapping the necessary data.

38.11.Delivery of ESPD:

38.12.The participants can choose the method of completing the ESPD through the ESPD information system using the provided by the developer in the format. Xml or by filling in the supplied model in MS Word format.

38.13.In cases where the ESPD is completed through the ESPD system, the version in PDF format should be signed by electronic signature.

38.14.In cases where the ESPD has been completed using the provided template No 2 (in MS Word format), participants should submit an ESPD in electronic form, digitally signed and attached to an appropriate optical media to the package of documents for participation in Procedure. The format in which the document is provided should not allow editing.

38.15.The optical media to which the digitally signed ESPD is attached shall be duly marked by the name of the document and the participant.

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38.16.Copy of the document establishing the grouping and the following information in connection with the present contract (applicable to a consortium candidate or participant which is not a legal person):

The rights and obligations of the participants in the grouping;

The Division of responsibility between the members of the grouping;

The activities to be carried out by each member of the grouping.

Documents proving the reliability measures taken (to be presented only where applicable);

38.17. Offer, incl.:

38.18. Technical proposal, drawn up under Template No 3 containing:

A proposal for performance of the contract in accordance with the technical specifications and requirements of the assignor;

A statement that the obligations relating to taxes and social security, protection of the environment, employment protection and working conditions, where applicable, are met when the offer is drawn up;

Other information and/or documents requested by the assignor, where required by the subject of the contract.

38.19.A proposal which does not comply with the requirements of the Contracting Authority referred to in the technical specifications and other parts of the documentation shall be subject to removal.

38.20.Bid containing the participant's proposal on the execution price drawn under Template No 4: To be submitted in a separate sealed opaque envelope with the inscription "Price parameters offered".

38.21.The price quoted shall include all the costs of the participant's performance of the contract.

38.22.The participant is solely responsible for any errors or omissions in the calculation of the prices offered by him.

38.23.Privacy Policy under art. 102, para 2 PPA is prepared and presented in case of applicability in free text.

38.24.Applicants and participants may indicate in their tenders information which they consider to be confidential in relation to the existence of a trade secret. Where applicants and participants have invoked confidentiality, the relevant information shall not be disclosed by the Contracting Authority.

38.25.Participants shall not be able to invoke confidentiality with regard to proposals from their offers which are subject to evaluation.

38.26.Authorisation document -presented in the case of applicability, according to the guidelines above.

38.27.A participant who submits a tender which does not meet the announced terms of the contract will be removed from participation in the procedure for the award of the public contract on the grounds of art. 107, item 2, b. "a" by PPA.

38.28.Participant's offer, incl. documents above shall be presented in a sealed opaque packaging labeled as follows.:

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To

„FUND MANAGER OF FINANCIAL INSTRUMENTS IN BULGARIA EAD

SOFIA, Bul. Gen. TOTLEBEN No 30-32

OFFER

For participation in an open procedure for the award of a contract subject to the:

SELECTION OF EXTERNAL EXPERTS ON SPECIFIC AREAS OF FINANCIAL INSTRUMENTS TO SUPPORT DEPARTMENT "PROJECT INFORMATION AND FINANCING" WIHIN THE "FUND MANAGER Of

FINANCIAL INSTRUMENTS IN BULGARIA" EAD

For Lot No... ,,……….."

Name of the participant, including the participants in the grouping, where applicable, correspondence address, contact person, telephone and, if possible, fax and e-mail address

39. Place and deadline for submission of a tender:

39.1. Those who wish to participate in the tendering procedure shall submit their tenders in person, by authorized person or by courier, or by post with registered letter with acknowledgement of receipt to: "fund manager of Financial instruments in Bulgaria" EAD. Sofia, 1606, Blvd. Gene. Totleben no 30-32.

39.2. The deadline for submission of tenders shall be in accordance with the notice resp. The decision approving the notice of amendment or supplementary information.

39.3. Each participant should obtain timely receipt of the offer from the assignor.

39.4. When submitting a quote by mail/courier for the date of receipt of the offer is considered the date of its receipt in the "Fund Manager of Financial Instruments in Bulgaria" EAD, town. Sofia, 1606, Blvd. Gen. Totleben No 30-32.

39.5. The responsibility for the arrival of tenders within the period specified in the notice shall be.

40. Changes, withdrawal of offers

40.1. By the expiration of the time limit for receipt of tenders, each participant may change, supplement or withdraw its tender.

40.2. Withdrawal of the tender shall cease further participation of the participant in the procedure, unless a new offer is submitted within the submission period.

40.3. The supplement and the alteration of the offer must comply with the requirements and conditions for the presentation of the original tender, and the text "Addendum/change offer (with entry number)" is marked on the envelope.

41. Possibility to extend the time limit for submission of tenders: The deadline for submission of tenders may be extended under the conditions and procedure of art. 100 by PPA.

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SECTION VI. SELECTION CRITERIA

42. The Contracting Authority shall lay down the following selection criteria for the technical and professional abilities of the participants in the six lots:

43. Qualification:

Higher education with a minimum Bachelor's or Master's Degree in the area of the respective lot or equivalent and according to Decree No 125 of the Council of Ministers of 24.06.2002 for approval Classifier of the fields of higher education and professional fields.

The Master's degree is compulsory for the specialty position 1 - "External expert - lawyer" and for the specialty position 5 - "State aid expert", if the higher education is completed with a specialty "Law".

Lot 1 "External expert 1 - Legal expert’’ - law and/or legal sciences or equivalent for foreign participants and Bulgarian nationals graduating abroad;

Lot 2 "External expert 2 – Engineer / Architect’’ - architecture, urbanism, engineering (civil engineering or construction of buildings and facilities) or equivalent for foreign participants and Bulgarian nationals graduating abroad;

Lot 3 "External expert 3 – Expert on Research, Development and Innovation’’ - research, innovation, production management, economy or equivalent for foreign participants and Bulgarian nationals graduating abroad;

Lot 4 "External expert 4 – Environmental expert / Ecologist’’ - ecology, environmental protection, natural sciences or equivalent for foreign participants and Bulgarian nationals graduating abroad;

Lot 5 "External expert 5 – Expert in State aid’’ - law and/or legal sciences; EU law; public administration or equivalent for foreign participants and Bulgarian nationals graduating abroad;

Lot 6 "External expert 6 – Financial / Banking expert’’ - finance, economics, accounting, banking, business administration or equivalent for foreign participants and Bulgarian nationals graduating abroad;

The qualification shall be evidenced by a copy of the Diploma/Certificate/degree certified by the applicant.

44. General professional experience: not less than 5 (five) years, realized in the area for which he / she applies for the respective lot.

The experience shall be evidenced by a copy of a work/insurance booklet, a work notes from an employer and/or a sample of a public register, a civil contract or equivalent document certified by the applicant.

45. Specific experience: involving a thorough knowledge of national and European legislation in the field of the position applied for; professional experience realized on the Bulgarian market or abroad; providing consultancy services on structuring, analyzing, implementing projects related to programs / initiatives / projects implemented through financial instruments; a minimum of 1 (one) year experience in the implementation of the projects mentioned above and / or involvement in a minimum of 1 (one) transaction / initiative / project implemented with a financial instrument.

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Experience shall be evidenced by an attempt with a certified copy of a job/work/insurance booklet, a work notes from an employer, a job description and/or a sample of a public register, an award contract, a civil contract or equivalent document.

Participation/contribution shall be evidenced by a copy of the contract of award, recommendation, Reference and/or official note or equivalent document certified by the applicant.

46. Additional skills needed to participate in the project:

46.1. Fluency written and spoken in English at level B2;

Evidenced by the applicant Certified copy of Diploma/Certificate/Degree/Certificate of completed course or equivalent.

47. Where the participant is a natural person, the requirements apply to the individual.

48. Where a participant is a legal person or an association of natural and/or legal persons, the requirements shall be referred to the expert that the legal person or entity is proposing to execute the contract under the relevant lot.

49. To prove the requirement, the participant shall submit:

49.1. When submitting the offer, the participant declares its compliance with the minimum requirements for professional ability through the presentation of the ESPD prepared under Model No 2/model No 2.1 from the procurement documents, and should indicate the required information in part IV: Selection criteria (c): ' Technical and professional abilities ', item 6.

49.2. The circumstances in relation to the required requirement are evidenced by the documents under art. 64, para. 1, item 6 of the PPA, namely: A list of data for the expert who will be responsible for the execution of the contract (in case the participant is a legal person), as well as documents that prove the professional competence of the person under the conditions of art. 67, para. 5 PPA and art. 112, para. 1, Item 2 PPA.

50. Additional conditions (where applicable):

50.1. Where non-legal entities are involved, compliance with the selection criteria shall be demonstrated by the participating entity and not by any of the entities included in it, except for the relevant registration, presentation of a certificate or other condition necessary to fulfill the the contract, in accordance with the requirements of a regulatory or administrative act and in accordance with the distribution of the participation of persons in the performance of the activities provided for in the agreement establishing the association. When submitting the offer, the participants in the grouping shall declare the circumstance in Part A, Section A, field "Form of participation" of the ESPD.

50.2. Where a participant is a non-resident, it shall submit the equivalent of the required documents to prove the selection criteria under the law of the country in which it is established.

50.3. Participants may invoke the capacity of third parties, regardless of the legal relationship between them, with respect to the selection criteria set out in this documentation.

50.4. When inviting the capacity of third parties, the participant must be able to demonstrate that they will have their resources available by submitting documents for the obligations of the third parties.

50.5. Third parties must comply with the relevant selection criteria for which the tenderer has to rely on their capacity and that there are no grounds for removal from the procedure.

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With respect to the criteria relating to professional competence and experience in the execution of the contract, tenderers may invoke the capacity of third parties only if those persons will participate in the execution of the part of the contract for which that capacity is required.

50.6. The contracting authority shall require the tenderer to replace the third party indicated by him if he does not fulfill any of the conditions of paragraph 50.5, due to a change in circumstances prior to the conclusion of the contract.

50.7. The contracting authority may request the replacement of an expert when the contract is concluded with a legal entity, or terminate the contract of contract when it is concluded with an expert - natural person, when the person executing the contract ceases to meet the set selection criteria.

50.8. Where a participant in the procedure is an amalgamation of natural and / or legal persons, it may demonstrate compliance with the selection criteria with the capacity of third parties, subject to the conditions of paragraphs 50.4 and 50.5.

50.9. When subcontracting, the tenderer must comply with the relevant selection criteria according to the type and proportion of the contract they will be fulfilling and that there are no grounds for removal from the procedure.

50.10.Where a non-resident branch is a sole participant in the procedure to demonstrate compliance with the requirements for technical ability, it may rely on the trader's resources if it provides evidence that those resources will be available at the time of execution of the contract (arg. By Article 36 of the RAPPA).

50.11.The contracting authority may not accept the submitted proof of technical and professional ability when it arises from a person who has an interest that may lead to a benefit within the meaning of Art. 54 of the Anti-Corruption and Confiscation of Illegal Acquisition Act.

50.12.When signing the procurement contract, the tenderer designated as a contractor shall submit documents certifying the absence of grounds for removal from the procedure, as well as compliance with the selection criteria set out, including for third parties and subcontractors, if any.

50.13.In the applicable cases under item 54.3 - item 54.6, part II, item B and the applicable fields of Part IV of the ESPD prepared according to Template No 2 / Template No 2.1 of the procurement documents shall be completed.

SECTION VII. TENDER ASSESSMENT CRITERIA

51. This contract is awarded on the basis of the most economically advantageous tender with the lowest price award criterion (for the six lots).

52. The “lowest price” criterion shall be applied to evaluate tenders which comply with the conditions previously announced by the Contracting Authority and have been submitted by tenderers for whom the circumstances referred to in Article 54, paragraph 1, Article 55, para. 1, item 1 and item 5 of the Public Procurement Act and the other grounds for removal referred to in this documentation.

53. When evaluating bids, the bid price to be considered in the bidder's bid for one hour is taken into account.

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54. The ranking of participants shall be in ascending order, with the lowest bidder for the performance of the functions and activities referred to in Section II in the first place in each of the lots. Technical specification, paragraph 14, for one hour.

55. The suggested price cannot be less than 80 BGN per hour.

56. The tenderer ranked first by the committee is proposed to be the contractor.

57. With the same lowest overall price offered by two or more participants, the commission conducts a public draw to determine the contractor among the first-ranked bids, in accordance with Art. 58, para. 3 of the RAPPA.

SECTION VIII. CONDITIONS AND PROCEDURE FOR THE CONDUCT OF PROCEEDINGS

58. Examination of received offers

58.1. After the expiration of the deadline for receipt of tenders set out in the notice announcing the opening of this procedure, the contracting authority designates/appoints by order a commission under art. 103, para. 1 PPA.

58.2. In the case of a change in the date, time or place of opening of requests to participate or tenders, candidates or participants shall be notified through the buyer profile at least 48 hours before the newly appointed time.

58.3. The appointed Committee for the examination and evaluation of tenders starts work after receiving the submitted offers and the Protocol under art. 48, para. 6 of the RAPPA. The tenders received shall be opened in public session by the Commission, to which the candidates or participants in the procedure or their authorised representatives, as well as representatives of the mass media, may be present.

58.4. The Commission shall, in the order of their entry, open the sealed opaque packages and disclose their contents, including the proposal of the participants on the relevant indicators for evaluating tenders;

58.5. The technical and price proposals of each participant shall be signed by at least three members of the Committee and shall be offered by one of the representatives of the other participants present to sign them, by which the public part of the meeting ends;

58.6. The Commission shall examine the tenders submitted and assess, in accordance with the chosen award criterion, those corresponding to the previously announced conditions;

58.7. The Commission shall examine the documents relating to the personal situation and selection criteria of the participants in descending order of the grades obtained according to the criteria specified;

58.8. Where it finds a lack, incomplete or non-conformity of information, including an irregularity or an error of fact or non-compliance with the requirements of the personal situation or selection criteria, the Commission shall inform in writing the participant;

58.9. Within 5 working days of receipt of the notification, the participant may submit a new ESPD and/or other documents containing altered and/or supplemented information;

58.10.The Commission shall examine the documents under the previous two items to establish compliance with the personal situation requirements and selection criteria for two participants who rank first and second; The other participants whose bids have been evaluated are not classified.

58.11.The possibility under item 62.6 shall also apply to subcontractors and third parties designated by the applicant or participant. The candidate or participant may replace a

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subcontractor or a third party where it is established that the Subcontractor or the third party does not meet the conditions of the Contracting Authority where this does not entail a change in the technical offer. Where the changes relate to circumstances other than those mentioned under art. 54, para. 1, item 1, 2 and 7 of the PPA, the new ESPD may be signed by one of the persons who can be self-employed;

58.12.After the expiry of the period under item 62.6, the Commission shall examine the additional documents submitted concerning the compliance of candidates/participants with the requirements of the personal situation and the selection criteria.

58.13.At each stage of the procedure, the Commission may request clarification, if necessary, on data requested from applicants and participants and/or verify the requested data, including by requesting information from other authorities and persons.

58.14.The Commission does not consider the technical proposals of participants who are found not to meet the requirements for personal status and/or selection criteria.

58.15.The Commission shall examine the tenders of the participants and check the conformity of the proposals with the previously announced conditions.

58.16.The price proposal of a participant whose tender does not meet the requirements of the Contracting Authority shall not be opened.

58.17.No later than two working days before the date of opening of the price proposals, the Commission shall announce at least by a notice in the buyer profile the date, time and place of opening. At the opening can be present the persons under item 67.3. The Commission shall announce the results of the evaluation of the tenders under the other indicators, open the price proposals and disclose them.

58.18.The Commission shall rank the participants by the degree of compliance of tenders with the conditions previously announced by the Contracting Authority.

58.19. The Commission shall draw up a report on the results of its work with content pursuant to art. 60, para. 1) of the RAPPA. It shall be signed by all members and made available to the Contracting Authority together with all documentation, including all documents produced in the course of the work of the Committee.

58.20.When in the course of the work there are reasonable doubts about agreements, decisions or concerted practices between participants within the meaning of Art. 15 of the Competition Act, this circumstance is indicated in the report report under item 1.15. In that case, it shall notify the Commission for Protection of Competition. The notification shall not suspend the completion and completion of the procedure.

59. Adoption of the work of the Commission

60. The report referred to in item 58.19 shall be submitted to the Contracting Authority for approval. The report shall be accompanied by the minutes of the Commission's work.

61. Within 10 days of receipt of the report, the Contracting Authority shall validate it or return it to the Commission with written instructions where:

61.1. the information in it is not sufficient for the decision to complete the procedure, and/or

61.2. finds an infringement in the Committee's work, which can be remedied without terminating the procedure.

62. The instructions under item 61 cannot refer to a specific contractor or to certain conclusions from the Commission, but merely indicate:

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62.1. what information should be included so that there are sufficient reasons justifying the Commission's proposals in 61.1 cases;

62.2. the infringement to be remedied in the case of 61.2.

63. The Commission shall submit a new report to the Contracting Authority containing the results of its review.

64. Within 10 days of the approval of the report, the Contracting Authority issues a decision to determine the contractor or to terminate the procedure.

65. Written justification on the grounds of art. 72 PPA:

66. When a proposal in a participant's tender for a price or a cost that is subject to evaluation is more than 20% more favourable than the average of the proposals of the other participants under the same valuation parameter, the Contracting Authority shall require a detailed written justification of how it is to be instituted, which shall be submitted within five days of receipt of the request.

67. The justification in item 65 may concern:

67.1. the economic characteristics of the manufacturing process, the services provided or the construction method;

67.2. the technical solutions chosen or the existence of exceptionally favourable conditions for the participant for the provision of the products or services or for the execution of the works;

67.3. originality of the decision proposed by the participant in relation to the works, supplies or services;

67.4. compliance with the obligations under art. 115 of the PPA;

67.5. the possibility for the participant to receive state aid.

68. The justification obtained shall be assessed in terms of its completeness and objectivity as to the circumstances of item 67 invoked by the participant. If necessary, information may be requested from the participant. The justification may not be accepted and the participant may be removed only when the evidence submitted is not sufficient to justify the proposed price or costs.

69. No offer is accepted where it is established that the price or costs proposed therein are more than 20% more favourable than the average of the relevant proposals in the other tenders, because no rules and regulations relating to environmental protection, social and labour law, applicable collective agreements and/or international environmental, social and labour law provisions, which are listed in Annex 10 PPA, are complied with.

70. A tender is not accepted when it is found that the price or cost offered in it is more than 20 percent more favorable than the average value of the respective proposals in the other offers due to state aid received, when the tenderer cannot prove within the stipulated time limit that the aid is compatible with the internal market within the meaning of Art. 107 TFEU.

71. Contracting Authorities must notify the European Commission of any cases under item 70.

72. All authorities shall be required, on request and within the limits of their competence, to grant to contracting entities, including from other Member States, information relating to laws and regulations, applicable collective agreements or national Technical standards relating to the evidence and documents submitted in relation to the data referred to in item 65.

73. Conclusion of the procedure:

74. This procedure may be concluded by a decision on:

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74.1. designation of a contractor under a public contract;

74.2. termination of the procedure.

75. The rules laid down in art. 109-110 of the PPA.

76. The decisions under item 78.1 and 78.2 are sent on the same day to the participants and are published in the buyer profile.

SECTION IX. CONTRACT

77. Procedure:

78. The Contracting Authority shall conclude with the designated contractor a written public procurement contract, provided that upon signing the contract the designated contractor has fulfilled the applicable requirements of Art. 112, para. 1 of the PPA:

78.1. submit a registration document in accordance with the requirement of Art. 10, para. 2 of the PPL (where applicable);

78.2. submit documents certifying that there are no grounds for removal from the procedure and compliance with the selection criteria set, including for third parties and subcontractors, if any;

78.3. perform the relevant registration, submit a document or fulfill any other requirement, which is necessary for the execution of the contract in accordance with the requirements of a legislative or administrative act and is placed by the Contracting Authority in the conditions of the announced contract.

79. The participant designated as a contractor before concluding a contract shall submit a declaration under art. 59, para. 1, item 3 of the Anti-Money Laundering Act (AMLA). The declaration is presented in the form-declaration under art. 59, para. 1, item 3 of the AMLA to the rules for the application of the AMLA. The presentation of the Declaration is not necessary when the UIC is specified in accordance with art. 23, para. 4 of the Commercial Register Act and the data and documents published in the account of the person concerned may be given the necessary information for identification purposes.

80. The Contracting Authority is not entitled to request documents under item 78:

80.1. which have already been submitted to it;

80.2. accessed by official means or through a public register;

80.3. which can be provided through direct and free access to Member States' national databases.

81. The Contracting Authority shall not conclude a contract when the participant first ranked:

81.1. refuses to enter into a contract;

81.2. does not fulfil any of the conditions under item 78 or

81.3. does not demonstrate that there are no grounds for exclusion from the procedure.

82. In the cases referred to in item 85, the Contracting Authority may amend the final decision in the part to determine the contractor and, by reasoned decision, determine the second rated participant.

83. When a contractor refuses to enter into a contract, the contracting authority terminates the procedure or assigns the second nominated participant to the contractor. For refusal, the failure

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of the agreed date shall be accepted unless the failure is for objective reasons, for which the Contracting Authority is notified in due time.

84. The contract must conform to the draft contract, enclosed in the documentation, supplemented with all proposals of the participant's tender on the basis of which the latter is designated as the contractor of the contract. Changes in the draft contract are allowed exceptionally when the condition under art. 116, para. 1, item 7 of the PPA and are imposed by circumstances occurring during or after the procedure.

85. Deadline for conclusion of the contract

86. The Contracting Authority shall conclude the contract within one month after the entry into force of the decision to designate the contractor or the order granting the prior enforcement of this decision, but not before expiry of the 14-day notification to the participants concerned of the decision to designate a contractor.

87. The Contracting Authority may conclude a public contract before the expiry of the 14-day period from the notification to the participants of the decision to designate a contractor in the event that the designated contractor is the sole interested participant.

88. The Contracting Authority shall not enter into a contract with the designated contractor before the entry into force of any decisions under the procedure except where prior enforcement is permitted.

89. Grounds for amendment of the contract and/or termination

90. Amendment of a contract for the execution of a public contract is allowed exceptionally, in accordance with the provisions of art. 116 of the PPA.

91. Termination of a contract for execution of a public contract is allowed in the event of a circumstance under art. 118 from the PPA and/or if the basis laid down in the draft treaty is established, an integral part of this documentation.

SECTION X. APPEAL

92. Decisions of the Contracting Authority in the tendering procedure shall be subject to appeal under Chapter 27 of the PPA.

93. For the issues not covered in this documentation, the PPA and the RAPPA are applied.

SECTION XI. TEMPLATES

Template No.1: DESCRIPTION OF THE SUBMITTED DOCUMENTSTemplate No.2: STANDARD TEMPLATE FOR THE EUROPEAN SINGLE

PROCUREMENT DOCUMENT (ESPD)Template No.2.1: STANDARD TEMPLATE FOR THE EUROPEAN SINGLE

PROCUREMENT DOCUMENT IN .XML AND .PDF FORMATTemplate No.3: TECHNICAL PROPOSALTemplate No. 4: FINANCIAL PROPOSALTemplate No. 5: CONTRACT

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