ISRAEL AIRPORTS AUTHORITY Incorporated under the Airports ... - iaa… · Tender Documents Review and Participation Fee 1.8.1. Any person requesting to participate in the Tender is

1 טלפון : 9750589 - 03, 03-9750581 פקס : 9721723- 03– 7015001כתובת : ת"ד 7, נמל התעופה הבינ"ל בן- גוריון

Address: P.O.Box 7, Ben-Gurion International Airport 7015001, Phone: 972 3 9750589, Fax: 972 3 9721723

ISRAEL AIRPORTS AUTHORITY

Incorporated under the Airports Authority Law, 5737-1977

Open Tender for the provision of Consultancy, Designing and Planning Services for electrical, structure and paving in runway, taxiway and parking for commercial

passenger aircrafts for the Israeli Airports Authority

Tender No. 2014/070/0553/00

1. Request for Proposals:

1.1. The Israeli Airports Authority (the “Authority”), holder, administrator and operator of all civil Israeli airports and airfields in accordance with the provisions of the Airports Authority Law, 5737-1977 and holder, administrator and operator of land border terminals, in accordance with the Airports Authority Law (temporary order), 1980, intends to obtain certain services, from time to time, in accordance with the Authority's sole discretion, under an umbrella agreement, under the enclosed Contract (the “Contract”), for the Provision of Consultancy, Designing and Planning Services for electrical, structure and paving in runway, taxiway and parking for commercial passenger aircrafts (the "Services"), to the Authority, under the terms set forth herein and in the Contract and as defined in the Annex A to the Contract- the SOW.

General information-

It should be clarified that The Awarded Bidder (as defined below) shall provide the Services, in accordance with the important highlights stated in clause 11 to this RFP.

1.2. In connection with the aforementioned, the Authority invites tenderers, that comply with the requirements set forth in section 2 herein (collectively, the “Bidders”, and each, a "Bidder") to submit their sealed competitive proposal as stipulated herein (the “Proposal”), based on the terms, covenants and provisions of this request for proposal (the “RFP”) and the Tender Documents (as defined in section 1.3 hereunder).

1.3. The following documents comprise the "Tender Documents":

1.3.1. This RFP.

1.3.2. The Financial Proposal form attached hereto as Appendix A (the "Financial Proposal")

1.3.3. The Bidder’s Statement Form attached hereto as Appendix B (the "Statement Form").

1.3.4. The Quality Grade form attached hereto as Appendix C (the "Quality Grade Form").

1.3.5. The enclosed Contract, including the Scope of Work attached as Annex A to the Contract (the "SOW") and all other Annexes thereto.

1.3.6. Any and all Addenda (as stipulated in Section 7 hereunder).

טלפון : 9750589 - 03, 03-9750581 פקס : 9721723- 03– 7015001כתובת : ת"ד 7, נמל התעופה הבינ"ל בן- גוריון


2

1.4. The Authority reserves the right to reject any or all Proposals and/or to re-advertise and/or to cancel this RFP process, and/or to alter or amend any of the Tender Documents, for any reason, in accordance with its sole discretion, including without limitation, in the event that the budget allocated for executing the Contract shall be limited or canceled in any manner by the Authority.

1.5. The Tender Documents may be reviewed by Bidders at the Authority’s Offices (as defined below) and at the Website (as defined below). The Tender Documents may be printed through the Website, and additionally a digital format (CD) of the Tender Documents (as a PDF file) can be received at the Authority’s Offices (the “CD”).

1.6. For the avoidance of doubt, it is hereby clarified that the Bidder shall not be entitled to perform any modification of any kind in the Tender Documents. Furthermore, it is hereby clarified that the printed version of the Tender Documents, deposited in the Tender Box, shall be the sole binding copy with respect to this Tender (the “Binding Copy”). In this respect, it is hereby clarified that any other copy of the Tender Documents, including, without limitation, a copy which was printed by the Bidder from the Website or any version included in the CD and/or any Financial Proposal and/or any Bidder Statement Form and/or any Quality Grade Form submitted by any Bidder through any digital media, and any other document which the Bidder shall fill by itself and submit to the Authority (subject to Authority’s approval to enclose such document), according to the Tender Documents, shall not replace the Binding Copy, and the Binding Copy shall govern and take precedence over any of the aforesaid documents in all respects.

1.7. Time Schedule

1.7.1. Without in any way limiting the right of the IAA to change or postpone any of the following dates in accordance with the provisions of this Invitation, the expected schedule for the Tender Process and the submission of Proposals is as follows:

Issuance of Invitation - April 16, 2015

Last date for submission of Bidders’ Requests for Clarifications

- May 20, 2015

Submission Date - June 15,2015

Validity of the Proposals - October 15, 2015

1.7.2. The IAA shall be entitled, at any time, to change and/or postpone any of the abovementioned dates. Notification of such changes shall be delivered to all Bidders. In any event of such extension, the rights and obligations of the IAA and of the Bidders previously subject to such deadlines shall be extended accordingly. For the removal of doubt it is clarified, that nothing herein shall be construed as granting an extension of any kind.

1.7.3. Any change and/or extension as aforementioned shall not derogate from any of the IAA's rights according to the Tender Documents and any applicable law, and the Bidders hereby irrevocably waives and shall be prevented from raising any claim and/or demand in this regard.



3

1.8. Tender Documents Review and Participation Fee

1.8.1. Any person requesting to participate in the Tender is entitled to review the Tender Documents as follows:

1.8.1.1. At the offices of the IAA at Ben Gurion International Airport, Terminal 1, Room B209 on the2nd floor (the "IAA Offices"), Sunday through Thursday between 09:00 to 12:00, and no later than June 14, 2015.

1.8.1.2. On the IAA website: www.iaa.gov.il (the "Website").

1.8.2. Any Addenda (as defined in section 7 hereunder) shall constitute an integral part of the Tender Documents, and may be reviewed at the Authority’s Offices in accordance with the dates and times set forth in Section 1.8.1.1 and/or at the Website at any time.

1.8.3. A mandatory requirement for the participation in this Tender is the payment to the Authority of NIS 300, including V.A.T, (the “Participation Fee”). Anyone interested in participating in this Tender shall pay the Participation Fee to the Authority in one of the following ways, and in accordance with the timeframe specified below (the “Payment Dates”):

1.8.3.1. By cash or check - at the Authority Revenue Department located in the entrance floor of the Authority main office building at Ben Gurion International airport between 09:00 to 12:00, Sundays to Thursdays, and no later than June 14, 2015.

1.8.3.2. By credit card - through the Website, not later than June 11, 2015 at 23:30.

1.8.4. It is clarified that each Bidder must complete the payment of the Participation Fee no later than the Payment Dates set forth in Section 1.8.3 above.

1.8.5. The Bidder or anyone on its behalf shall provide the Authority, during the process of payment of the Participation Fee (either at the Authority’s Offices or via the Website), its updated details, including, inter alia, its full name, identification number or corporation number (as the case may be), address, phone number, facsimile number and e-mail address.

1.8.6. The Authority shall deliver to the Bidder (to the address furnished by it in accordance with Section 1.8.5 above) an invoice for the payment of the Participation Fee, bearing the Bidder’s name and duly signed by the Authority’s authorized representative (the “Invoice”).

1.8.7. The Bidder shall include in its Proposal one of the following documents: (i) the Invoice, or (ii) a printed copy of a receipt for the payment of the Participation Fee generated through the Website (each, an “Authorized Invoice”).

In the event the Bidder failed to submit the Authorized Invoice, its Proposal shall be disqualified, and shall not be evaluated by the Authority in the framework of this RFP.



4

1.8.8. The Authority shall not be responsible and shall carry no liability to any damage and/or malfunction and/or loss and/or expense and/or payment, of any kind, caused to or carried out by a Bidder and/or anyone on its behalf, due to any fault and/or error and/or omission, of any kind, in respect to the details specified by the Bidder in accordance with Section 1.8.5 above, including any damage and/or malfunction and/or loss and/or expense and/or payment caused due to any fault and/or error and/or unavailability of the Website, and the Bidder herby irrevocably waives and shall be prevented from raising any claim, demand and/or suit against the Authority in this respect.

1.8.9. It is hereby clarified that the Participation Fee is nonrefundable, including in the event that a Bidder has paid the Participation Fee and chose not to submit its Proposal, and the Bidder hereby irrevocably waives and shall be prevented from raising any claim, demand and/or suit against the Authority in this respect, unless the Authority chooses, in its sole discretion, to cancel this tender after declaration of the Awarded Bidder (as defined below), not as a result of a breach of any of the terms and conditions contained in the Tender Documents, and or any other act or omission by such Awarded Bidder; and in that case the Authority shall refund the Awarded Bidder its Participation Fee as a sole and final compensation for all such Awarded Bidder’s rights with regards to the Tender Documents, whether directly or indirectly, and the Awarded Bidder herby irrevocably waives and shall be prevented from raising any claim, demand and/or suit against the Authority in this respect.

2. Threshold and Mandatory Requirements

2.1. The Bidder is required to demonstrate experience and capability to perform the Services subject to this RFP. In order to participate in this Tender, Bidder must fully comply with all the aggregate threshold requirements set forth in this Section 2.1 (the “Threshold Requirements”):

2.1.1. The Bidder is a registered corporation in Israel or in the state in which the Bidder's offices are located, preceding the Submission Date (as defined below).

2.1.2. The Bidder has experience of at least seven (7) years in each of the following, preceding the Submission Date (as defined below):

2.1.2.1. Electrical Designing for Airfield Lighting.

And-

2.1.2.2. Structure and Paving Designing for Runways and/or parking for commercial passenger aircrafts.

2.1.3. The Bidder has experience in planning at least three (3) projects. Each of the projects shall include designing for electrical, structure and paving for at least one runway (which have length of at least 2 kilometers), in international airports which have at least ten (10) million passengers per year, all during the seven (7) consecutive years preceding the Submission Date (as defined below).



5

For the purpose of this article 2.1.2 above: "project shall include designing for electrical, structure and paving" means: designing runways and/or parking for airplanes according to ICAO regulations, category E and above. The projects shall also include geometric designing for runway, taxiway or parking, planning paint, motion, drainage and electrical facilities, which include airfield lighting and navigations, parking lighting, STOP BAR, PAPI and operational signs.

2.1.4. The Bidder has at least two (2) employees (hereinafter: "the Designers") who must fully comply with all the aggregate requirements as follows:

2.1.4.1. Each one of the Designers must be an engineer, with a valid engineer's license that authorizes him to sign planning programs.

2.1.4.2. Each one of the Designers has the experience required in section 2.1.2 from the Bidder.

2.1.5. The Bidder or anyone on its behalf has paid the Participation Fee.

2.2. Bidder that has previously provided services or goods to the Authority, and such engagement was terminated by the Authority, within the three (3) years preceding the RFP Publication Date (as defined below), due to Bidder’s failure to comply with the agreement terms and/or its breach of agreement, shall not be entitled to submit its Proposal under this Tender, and in case it has submitted a Proposal – its Proposal shall be disqualified.

2.3. The Authority may, at its sole and exclusive discretion, disqualify a Proposal made by a Bidder that during the three (3) years preceding the RFP Publication Date, has withdrawn its proposal to any of the Authority’s tenders or other competitive proceedings, after being announced as the awarded bidder of such proceedings, or that has otherwise deceived, misled, or misinformed the tender committee (“Tender Committee”), the Authority and/or its representatives.

The Authority expressly clarifies that the Threshold Requirements and all additional requirements set forth in the Tender Documents must exist in the Bidder itself, and not only in any other legal entity (as elaborated below), unless expressly set forth otherwise in the Threshold Requirements and all additional requirements specified in the Tender Documents.

For purposes of this subsection “other legal entity” shall mean any legal entity which is not the Bidder itself, including without limitation, a legal entity which is engaged with the Bidder in any legal relationship (including, without limiting the generality of the above, merged company, joint venture, parent company, subsidiary, affiliate, holding company, controlling company, management company and/or a company under common control, all, whether directly or indirectly).

2.4. Bidder must be a single entity; a joint proposal (submitted by two or more persons) shall be disqualified.

2.5. For the purpose of this Section 2 and in all other Tender Documents, “RFP Publication Date” shall mean the date in which the Authority has published the RFP announcement in the press.



6

3. Instructions to Bidders

3.1. All the Proposals shall be submitted as stipulated in this RFP, including as set forth under this section 3.

3.2. All Proposals and any part thereof, shall be submitted in English in 3 hard copies and shall be originally signed by the Bidder’s authorized representative, and if Bidder is a corporation, accompanied by Bidder’s corporate seal.

3.3. The Authority shall not allow the submission of a partial Proposal and may disqualify any Proposal that shall be partial or incomplete; provided however, that the Authority reserves the right, in its sole discretion to apply the provisions of Section 10 to such partial Proposal. Provisions of this Section 3.3 shall not derogate from any other specific provisions contained in the Tender Documents, requiring the Bidder to submit documentation in a full, accurate and comprehensive manner.

3.4. Each Proposal shall include all of the following documents:

3.4.1. Two (2) copies of the Bidder’s Financial Proposal, in the form of the enclosed Financial Proposal form, duly and fully filled in and signed by the Bidder’s authorized signatories.

3.4.2. In order to prove Bidder’s compliance with the Threshold Requirements set forth in sections 2.1.1 to 2.1.4 above, all Bidders shall duly fill in the enclosed Bidder’s Statement Form.

3.4.3. In order to prove Bidder’s compliance with the Threshold Requirement set forth in section 2.1.5, Bidder shall submit the Authorized Invoice for the payment of the Participation Fee in consideration for taking part in this RFP process.

3.4.4. The Quality Grade Form of Compliance enclosed as Appendix C to this RFP and all information and/or data stipulated in it including, inter alia, any and all information and/or data marked as Mandatory Requirements in the Quality Grade Form and/or any other documents as stipulated in the Quality Grade Form.

It is hereby emphasized that prices, including the filled Financial Proposal Form, should not appear in the Quality Grade Form, including in any of the technical material or other appendices thereto. Noncompliance with this section may result in the disqualification of the Proposal.

3.4.5. The Tender Documents (including without limitation the Contract, the SOW and all appendices thereto) having all signature blocks duly and originally signed by Bidder’s authorized signatories, and each page of the Tender Documents bearing Bidder's signature or stamp or seal.

3.4.6. Any and all Addenda furnished by the Authority, according to section 8 hereunder, originally and duly signed by Bidder’s authorized signatories.

3.4.7. This RFP, signed by Bidder's authorized signatories (with initials on each page).

3.5. Bidder's Quality Grade Form and all its attachments and Bidder's Statement Form and the receipt of the Participation Fee, all fully enclosed and duly signed by Bidder, shall



7

be sealed in a separate envelope bearing on the outside the words "Statement Form and Quality Grade Form – Consultancy, Designing and Planning Services for electrical, structure and paving in runway, taxiway and parking for airplanes No. 2014/070/0553/00".

3.6. Bidder's Financial Proposal and all its attachments shall be sealed in a separate envelope bearing on the outside the words "Financial Proposal – Consultancy, Designing and Planning Services for electrical, structure and paving in runway, taxiway and parking for airplanes No. 2014/070/0553/00".

3.7. The Bidder's Statement Form and Quality Grade Form (in its sealed envelope) and the Financial Proposal (in its sealed envelope) shall be sent in a sealed envelope, bearing on its exterior the words " Provision of Consultancy, Designing and Planning Services for electrical, structure and paving in runway, taxiway and parking for airplanes to Israel Airports Authority, Tender No. 2014/070/0553/00" via courier service during the Authority usual working hours (0830-1500), to the Tenders Box in Room 140, Floor 1, Israel airport Authority main office building, Ben-Gurion International airport 7015001 Israel (hereinafter: the "Tender Box").

3.8. Proposals should arrive no later than June 15, 2015 at 10:00 (the "Submission Date"). The Authority is entitled to change the Submission Date, including extending it, at its sole discretion, with a written notice to Bidders.

Any Proposals arriving to the Tenders Box later than the Submission Date, shall not be opened by the Authority and shall be returned unopened to sender.

3.9. Documents of any nature attached to the Proposal shall be originals, and in case such documents are not originals, they shall be verified and approved by a public notary as certified copies.

4. Evaluation of Proposals

4.1. Stage A – Examination of Compliance with the Mandatory and Threshold Requirements and the evaluation of the Quality Grade:

4.1.1. The Authority shall examine if each Bidder has fully complied with all the Threshold Requirements, according to each Bidder's Statement Form and the documents required under section 3.4 above.

Only Bidders that have fully complied with all the Threshold Requirements shall be entitled to continue to the evaluation of the Quality Grade. Bidders that have not fully complied with all the Threshold Requirements shall be disqualified.

Eexamination of compliance with the mandatory and Threshold Requirements will be performed on a "Go-No Go" basis and shall not be ranked. Subject to the Authority’s right (but not the obligation) to exercise Section 9 below, a Bidder that has not fully complied with all mandatory and Threshold Requirements shall be disqualified.

4.1.2. Quality Grade evaluation: Only Bidders, which passed the Go-No Go Stage stipulated in section 4.1.1 above, shall participate in this stage. The Authority shall give to each Bidder a Quality grade from 0 to 100 points (hereinafter: the "Quality Grade") according to the level of compliance of each Bidder's and/or each Bidder's with the grade parameters that shall be determined by the Authority and deposited in the Tender Box prior to the



8

publication of this Initiation and which its main criterions and weight of each criterion are stipulated in the table of compliance in Appendix C.

Bidders must get a minimum Quality Grade and of at least 70 points. Bidders that shall get a Quality Grade of less than 70 points shall be disqualified.

It should be emphasized that the Designers (1 electrical Designers and 1 structure and paving Designers), which are offered by the Bidder for the Stage A in this RFP, shall remain the Designers and the services providers on behalf of the Bidder during the Contract term (as defined in the Contract) in case the Bidder shall be announces as the Awarded Bidder.

4.2. Stage B' - evaluation of the Financial Proposal:

4.2.1. Only Bidders which successfully passed stage A' shall be entitled to participate in this Stage B'.

Bidder's Financial Proposal must be in full compliance with any and all requirements and instruction stipulated in this Invitation with respect to the Financial Proposal, including that any and all information and documentation stipulated in section 3.4.1 above was duly and fully enclosed and that the Proposal Form was submitted according to the instructions specified in the Proposal Form.

Bidders that have not complied with this section 4.2.2, may be disqualified, according to the Authorities sole discretion.

4.2.2. The proposed price included in Bidder’s Financial Proposal may be submitted in any currency, at Bidder’s discretion. Bidder shall indicate the currency applicable to its Proposal in section 3 to the Financial Proposal. For the avoidance of doubt, it is hereby clarified that the Proposal shall be evaluated in New Israeli Shekels, pursuant to the applicable exchange rates published by the bank of Israel, on Submission Date.

4.2.3. Each Bidder shall stipulate in section 4 to its Financial Proposal, the URL address (website) where the official Consumer Price Index, at the country in which the Bidder is actually located and from which it provides the Services hereunder.

4.2.4. After reviewing all the Financial Proposals of all Bidders, the Authority shall rank the Proposals, from lowest to highest.

4.3. Nothing in this Section 4 shall prevent the Authority from reviewing and examining whether other Proposals comply with the mandatory and Threshold Requirements and the evaluation of the Quality grade, regardless of their ranking under Section 4.2.



9

4.4. Proposals shall be evaluated by the Authority, as follows:

BQG/HTG*50% + LPP/BPP*50% = Final Grade.

BQG - Bidder's Quality Grade.

HQG – the Highest Quality Grade received by a Bidder.

LPP - Lowest Total Price proposed by Bidders

BPP - Bidder's Total Price proposed in the Proposal Form

4.5. For the purpose of evaluation, the Total Price shall be converted to NIS according to the representative exchange rate published by the bank of Israel known at the final date of submission as it is stipulated in section 3.8 above.

4.6. Bidders with the highest Final Grade and that have complied with all the instruction stipulated in this Invitation, shall be announces as the Awarded Bidder with respect to this Invitation, subject to the Tender Committee's authority to cancel this Invitation (hereinafter: the :"Awarded Bidder").

4.7. For that removal of doubt it is clarified that anything stipulated in the Invitation, including this section 4 and including any points, grades and/or Go-No Go marks given by the Authority, shall not derogate from any of the Awarded Bidder's obligation under the Contract, including any obligation regarding the Equipment’s compliance with Specification (as defined in the Contract).

4.8. Any announcement of Bidder as an Awarded Bidder or any declaration related thereto or of any disqualification and/or a failure of Bidder to comply with any the requirements for completion of each of this Invitations stages shall be sent to the Bidders solely by the secretary of the Authority’s Tender Committee (hereinafter: the “Secretary”).

4.9. Any announcement and/or declaration as submitted to Bidders in the matter mentioned above, whether orally or in writing, by any other entity other than by the Secretary, shall be deemed as invalid and Bidder shall not rely thereof in any manner and for any purpose or use. Bidder relying on such announcement and/or declaration shall do so at its sole responsibility.

4.10. The Awarded Bidder shall be obliged to provide the Authority with two (2) duly executed copies of the Contract, as amended under Section 8 (if applicable), and all appendices thereto, within 14 days following the Authority’s first request.

4.11. In the event the provisions of the Contract shall be amended or otherwise modified by any Addenda (as defined in Section 8 below), and in any other manner in accordance to the Tender Documents or by any applicable law, the Contract signed by the Awarded Bidder shall include all such amendments and modifications.

5. Validity of Proposals

Each and every Proposal shall be valid until October 15, 2015. The Authority is entitled, at its sole discretion, from time to time, to postpone such date by provision of a written notice to Bidders.

6. Rejection of Irregular Proposals

Without derogating from the aforementioned, Proposals which contain any alteration, addition, omission, condition, limitation or show irregularity of any kind, may be rejected by the Authority. The Authority reserves the right to: (i) waive any



10

irregularities, Quality ties or informalities in any Proposal; (ii) to apply the provisions of Section 9 to such Proposal; or (iii) to reject any or all Proposals.

7. Addenda

7.1. For any clarification, discrepancy, ambiguity in any of the Tender Documents, or any omission of any detail that should, in Bidder’s opinion ,be included in the Tender Documents, Bidder is required to promptly notify Mrs. Orit Tzalach, by facsimile number: 972-3-9721723 or by e-mail: [email protected], no later than May 20, 2015 (the: “Final Clarification Date”).

It is hereby clarified, that the Authority shall not review any request for alteration, amendment, interpretation, clarification, addenda, elimination or correction to any of the provisions of the Tender Documents or any part thereof, submitted other than in the manner specified in this Section 7.1, or received after the Final Clarification Date.

7.2. For the avoidance of doubt it is herby clarified, that only alteration, amendment, interpretation, clarification, addenda, elimination or correction to any of the provisions of the Tender Documents or any part thereof, including but not limited to any of the instructions, requirements, specifications or dates contained therein which were furnished by the Authority as Addenda, whether on the Authority’s initiative or as a reply to Bidder’s inquiries or questions in accordance to the provisions of this section 7, shall be published at the Website and bind the Authority. Notwithstanding Section 7.4 below, the publication in the Website is in lieu of any other form of distribution of such Addenda, and shall be deemed as personal notification to each of the Bidders (whether or not accompanied by a personal notice).

7.3. It is clarified, that in any event it is the Bidder’s sole responsibility to be informed and updated in each and every Addendum, and to enclose a signed copy of all Addenda to its Proposal, as set forth in Section3.4.6, after evaluating and considering the content of such Addenda. Bidder herby irrevocably waives and shall be prevented from raising any claim, demand and/or suit against the Authority in this respect.

7.4. In Addition to the aforresaid, and without derogating from the Bidders responsibility as stipulated in section 7.3 above, the Authority reserves the right in its sole discretion, to deliver copies of any Addenda to all the Bidders who paid the Participation Fee, through any means the Authority deems fit.

7.5. The Authority may, but is not obliged to, issue supplemental instructions or modifications to the RFP or to any Tender Documents, which, if issued, will be in the form of a written Addendum and shall bind Bidders in all respects.

8. Evaluation

8.1. Bidder hereby acknowledges that the Authority has performed an evaluation of the Value of the Engagement (as defined below) for provision of the services (the “Evaluation”). The Evaluation will be deposited in the Tender Box, prior to the Submission Date. In addition to and without derogating from any and all terms of the Tender, the Tender Documents, and any applicable law, the Authority shall be entitled to evaluate the Financial Proposal(s) of the Bidder(s), including the total price and/or any other component thereto, in comparison to the Evaluation. In case of Material Gap (as defined below) between the highest or lowest (as the case may be) Financial Proposal



11

(among the Valid Proposals, as such term is defined below) (the "Candidate Awarded Bid") and the Evaluation, the Authority may, at its sole and absolute discretion, take any or all of the following actions, in the aggregate or alternatively:

8.1.1. perform an inquiry concerning such Material Gap, including performance of a hearing to any one of the Bidders, to the extent required.

8.1.2. announce the Candidate Awarded Bid as an Awarded Bidder in accordance with the terms of the Tender Documents, despite the existence of the Material Gap.

8.1.3. cancel the Tender process in its entirety.

8.1.4. Disqualify the Candidate Awarded Bid and announce the second best Proposal (other than the disqualified Candidate Awarded Bid), as the Awarded Bidder. The provisions of this section 8.1 8shall apply, mutatis mutandis, to the second best Proposal, in case of Material Gap between such Proposal's Financial Proposal and the Evaluation.

8.1.5. Enter into a partial engagement with respect to the performance of a portion of the services, and to instruct all Bidders to submit alternative financial proposals, corresponding to such partial performance. In the event any Bidder did not submit an alternative financial proposal, as set forth above, such act shall be deemed a material breach of such Bidder’s obligations under this RFP.

8.2. For purposes of this Section 8 -

8.2.1. “Valid Proposal” – shall mean a proposal which has complied, at the Authority’s sole discretion, with all the Threshold Requirements, mandatory requirements and the additional terms.

8.2.2. “Value of the Engagement” – shall bear the meaning ascribed to such term under regulation 1 to the Regulations.

8.2.3. “Material Gap” – shall mean a positive or negative gap between the Evaluation and the highest or lowest Proposal (as the case may be), in a rate determined by the Tender Committee and deposited in the Tender Box, prior to the Submission Date.

8.3. For the avoidance of doubt, it is hereby clarified that the provisions of this Section 8, and/or the Authority’s rights in accordance hereto, shall not derogate in any matter from the Authority’s rights in accordance with the Tender Documents and/or under applicable law.

8.4. It is further clarified, that the provisions of this Section 8, and/or the Authority’s rights in accordance hereto, shall not derogate in any matter, from any of the Authority’s rights in accordance with regulations 21(a)(1) and 23(a) to the Regulations, so that the Authority shall be entitled, at its sole and absolute discretion, to demand from any Bidder which submitted a Valid Proposal, to submit a renewed and improved proposal according to regulate 17e(2) of the Regulations, in the event that a gap (positive or negative, as the case may be), shall be discovered between the Financial Proposals of all Bidders and the Evaluation.

8.5. Bidders hereby declare and undertake that they acknowledge and agree to the Authority’s powers and authorities contemplated in this Section 8, and that they fully



12

and irrevocably waive, and shall be prevented from raising any claim, demand, suit or action, of any kind, in connection with the Authority’s exercise of its aforesaid powers and authorities.

9. Clarifications and Requests for Additional Information

9.1. Subject to the provisions of Section 7 below, any amendment, addition or reservation of any of the terms, conditions or provisions of the Tender Documents performed by Bidders, either by an addition to the provisions of the Tender Documents or in any other way, might cause such Bidder’s Proposal to be disqualified, all subject to the Authority’s sole discretion.

9.2. The Authority may, at its sole discretion and at any time, request any one of the Bidders to clarify, correct, modify, supplement or amend any item contained in its Proposal, and/or to delete, disregard, withdraw or correct any part of the Proposal, and/or to submit any additional information (including information regarding any typo, calculation mistake, omission, addition, shortcoming, deficiency, details, drawings, specifications and descriptions), necessary in the opinion of the Authority for the full and comprehensive evaluation of Bidder’s Proposal (including in circumstances in which such omission or mistake was deliberate, or caused due to Bidder’s negligence).

9.3. Bidder shall comply with the requests of the Authority and shall submit all clarifications and additional information requested within the time period stipulated in such request.

9.4. The requests for clarifications and/or additional information shall be in writing, delivered to the Bidder by mail, messenger, facsimile or e-mail, with transmission confirmation.

9.5. Bidder’s responses to the requests for clarifications and/or additional information shall be submitted in English, shall be duly signed by Bidder’s authorized representative, in compliance with the provisions of this Section 9, and shall form an integral part of Bidder's Proposal.

Bidder’s responses to the requests for clarifications and/or additional information shall be attached to the Proposal’s original and copies, along with copies of the requests for clarifications and/or additional information, and shall replace and/or take precedence over any corresponding items within the Tender Documents that are contradictory.

9.6. Without derogating from any other right reserved to the Authority in the Tender Documents or under any applicable law, the Authority may exercise its right under this Section 9 in any number of times during the course of evaluation of Proposals.

10. Responsibility of Bidders

10.1. Each Bidder hereby represents and warrants that it has, prior to submission of its Proposal, carefully and individually contemplated and examined, in view of all professional aspects, the Tender Documents (including all appendices and Addenda thereto), became familiar with the services and all aspects and specifications thereof, and evaluated, at its own expense, all the merits, risks, circumstances and conditions which might affect its Proposal. Bidder acknowledges that all information contained in the Tender Documents is provided "AS IS", to the best knowledge of the Authority, as of the RFP Publication Date.



13

The Authority does not represent or warrant that information conveyed to Bidders in the framework of the Tender Documents is accurate, complete, reliable, current or error-free, and, accordingly Bidder must independently perform all inquiries, examinations and obtain all relevant information necessary for the performance of the Services and compliance with all the provisions of the Tender Documents.

10.2. Failure on the part of any Bidder to examine, inspect and be completely knowledgeable of all the terms and conditions set forth in all the Tender Documents, the operational conditions, or any other relevant documents or information, shall not relieve the Bidder from full compliance with its Proposal.

11. Important Highlights and No Commitment to Scope of Services

11.1. The Awarded Bidder shall provide the Services under the terms set forth in the Contract and in accordance with the Authority's sole discretion, from time to time. During the Contract term, by as follows:

11.1.1. At least two engineers from the Awarded Bidder's office: one electrical Designer and one structure and paving Designer (in accordance with the defined in clause 4.1.2 above).

11.1.2. At least one Drawer from the Awarded Bidder's office.

11.1.3. It should be emphasized that in case the Awarded Bidder's offices are located abroad (out of Israel), the Awarded Bidder shall be required to sign the planning programs which should request by the Authority as part of the Services, only by an Israeli local designing office which have the authorization and license required by the Israeli low to sign.

The Israeli local designing office shall provide Designer and/or Drawer Services on behalf of the Awarded Bidder- all by the Authority's sole discretion. In that case, the Authority shall pay the Awarded Bidder the consideration as defined in clause 10 to the Contract.

11.2. The Tender process is for the provision of the Services to the Authority. The Scope, nature or characteristics of the Services to be required from Bidder by the Authority (if any), either on a specific occasion or in general, shall be determined by the Authority in its sole discretion from time to time. It is hereby clarified that the Authority is not obligated to order from the Bidder any or all Services in any scope or at any time and the Bidder hereby waives any claim and/or demand from the Authority, and shall not be entitled to any compensation and/or indemnification from the Authority in this respect.

11.3. Without derogating from the generality of the above, any information as to amounts and/or scopes included in the Tender Documents is an unbinding prediction, performed only for assessment and evaluation purposes and such information shall not bind the Authority in any respect.

12. No Exclusivity

Acceptance of the Proposal of the Awarded Bidder and execution of a Contract with it by the Authority, shall not entitle the Awarded Bidder to exclusivity in provision of the Services or any part thereof, and the Authority shall be entitled at any time and subject to its sole discretion to engage with other(s) for provision of the Services.



14

13. Review of the Awarded Bidder's Proposal

13.1. After announcement of the Awarded Bidder, by the Tender Committee, each Bidder shall be entitled to review the Awarded Bidder’s Proposal and the applicable Tender Committee’s resolutions, all in accordance with regulations 21(v) and 21(vi) of the Regulations, after prior coordination with the Secretary, and upon payment of NIS 500 (five hundred New Israeli Shekels) including VAT to the Authority (the “Review”).

13.2. A Bidder that is of the opinion that some parts of its Proposal may constitute a commercial or professional secret and wishes to keep such parts in confidence, during the Review, shall mark such parts as “confidential” at the top of each page of its Proposal containing (in its opinion) confidential information, and shall detail the reasons for such markings at the designated place in its Statement Form (the “Confidentiality Request”), provided however, that any reference to or indication of a price in the Proposal, cannot be considered confidential.

13.3. The Authority shall have the sole and independent discretion to determine whether or not to accept Bidder’s Confidentiality Request, and whether to enable Review of the parts included in such Confidentiality Request.

14. Ownership of Tender Documents and Proposal

14.1. All rights, title, interest and copyrights, including any intellectual property rights, in and to the: (i) Tender Documents; (ii) any additional documents the Authority shall present to the Bidders in the framework of the Tender process; and (iii) all Bidders Proposals; are and shall be the Authority’s sole property and it is and shall be their sole owner.

The Authority is and shall be entitled, in its sole discretion, to perform all actions, and to use any and all of the aforesaid documents to any purpose. Bidder hereby: (i) waives any claim and/or demand from the Authority; and (iii) shall not be entitled to any compensation and/or indemnification from the Authority in this respect.

14.2. Bidders are not entitled to perform any action and to use any of the aforesaid documents, unless used for the purpose of submission of a Proposal. All Tender Documents shall be returned to the Authority’s Offices not later than the Submission Date.

15. Governing Law

This RFP shall be governed by, and construed in accordance to, the Israeli law (excluding its conflict of laws principles). The performance, interpretation and/or construction of this RFP shall be subject to the sole jurisdiction of the competent Courts located in Tel-Aviv, Israel.

_________________

Orit Tzalach

Purchasing Officer

Logistic Department

Israel Airports Authority



15

Map of Ben Gurion airport

This map provides directions to the currier delivering the Proposal as to how to get to the address stipulated in section 3.5 to the RFP. For the avoidance of doubt, it is clarified that, any information included in this map or any error or omission therein, shall not derogate from Bidders responsibilities to deliver the Proposal as stipulated in the RFP, including under section 3.6 thereto.



16


Tender No. 2014/070/0553/00

Appendix A

Financial Proposal

1. The undersigned (the “Bidder”), hereby offer to enter into the enclosed Contract with the Authority, and undertake to duly perform and fully comply with any and all of the warranties and/or obligations stipulated thereto with regards to the Service Provider (as defined in the Contract), concerning the Services.

2. All capitalized terms used and not otherwise defined in this Financial Proposal shall bear the meaning ascribed to such terms in the RFP.

3. Bidder shall fill in the proposed price in the table below:

Service Provider Price per one (1) hour

of providing the

Services*

Wight from the total

financial proposal (%)

Engineer electrical

Designer (from the

Bidder's office):

45%

Engineer structure and

paving Designer (from

the Bidder's office):

45%

Drawer from the

Bidder's office:

10%

TOTAL: 100%

Drawer/Designer

(from an Israeli

designing office)**

NOT FOR FULFILMENT

Currency***



17

*The Authority's initial, rough, and non-binding estimation of the capacity of the Services to be provided under the Contract is approximately 300 working hours per each year, per each Designer and approximately 200 working hour per each year per Drawer from the Bidder's office, on site or on the Service Provider's site- all by the Authority's demands and sole discretion. Notwithstanding the above, the Authority disclaims any and all representations regarding the actual capacity or scope of the Services to be provided under the Contract. It is hereby expressly clarified that the Authority shall not be obligated under any circumstances to obtain any amount of the Services, and the Bidder hereby waives any claim and/or demand from the Authority in this respect.

It should be emphasized that in case the Awarded Bidder (as defined in the RFP) offices are located abroad (out of Israel), the Awarded Bidder shall be required to sign the planning programs which should request by the Authority as part of the Services, only by a Israeli local Designing office which have the authorization to sign. In that case, the Authority shall pay the Awarded Bidder the consideration as defined in clause 10 to the Contract and as follows:

**the consideration for providing services by a Drawer and or Planner from an Israeli planning office shall be FIX PRICE in accordance with the Israeli MOD (ministry of defense) Tariff for Drawer's or Designer's rate with 20% off deduction.

***The proposed price included in Bidder’s Financial Proposal may be submitted in any currency, at Bidder’s discretion. Bidder shall indicate the currency applicable to its Proposal in section 3 to the Financial Proposal. For the avoidance of doubt, it is hereby clarified that the Proposal shall be evaluated in New Israeli Shekels, pursuant to the applicable exchange rates published by the bank of Israel, on the final Submission Date.

4. The official Consumer Price Index, at the country in which the Bidder is actually located and from which it provides the Services hereunder, is published in the following URL address (website): __________________________.

5. This Financial Proposal shall be filled in accordance with and subject to the following instructions:

6. Bidder is obligated to propose a price for all Services required in the Tender Documents, including under the Contract (and the consideration and payment terms in the Contract) and the SOW.

7. Bidder is prohibited from adding to or reserving from, amending, altering or otherwise modifying this Financial Proposal, including the table above (“Reservation”).

8. In case of a Reservation or an un-priced items, the Authority, at its sole discretion, may: (i) request clarifications from the Bidder; (ii) ignore any Reservation; (iii) consider the un-priced items priced as zero (0); and/or (iv) disqualify the Bidder’s Proposal to the Tender without further notice.

9. We hereby warrant, agree and obligate as follows:

10. We have carefully and thoroughly read any and all of the terms and conditions stipulated in the Tender Documents (and any appendices and addenda thereto);



18

11. The Tender Documents contain all the necessary information required to submit our Proposal, including the proposed price, and we shall have no claim, demand and/or right regarding to or arising out of the aforementioned;

12. We shall be bound by our Proposal, including any and all terms and conditions stipulated thereto, which shall be valid until the date stipulated in section 5 to the RFP;

13. We are aware that the Authority is not in a position to provide tax advice. We represent that we have consulted with a tax advisor with respect to the tax consequences of submitting our Proposal and entering into the Contract. We agree that any tax consequences applicable to us, arising in connection with the provision of the Services or otherwise related to the Tender, shall be borne fully and solely by us. To the extent that any taxes may be imposed upon the Authority, the Authority may deduct such amounts from compensation payments due to us.

14. We hereby request that the following documents will be considered confidential and shall not be reviewed as part of the Review, for the following reasons:

__________________________________________________________________________________________________________________________________________________________________________________________________

15. We acknowledge and agree that the Authority will decide, at its sole and absolute discretion, whether or not to accept our Confidentiality Request and we shall have no claim, demand and/or right regarding to or arising out of the aforementioned.

16. All the information given by us in this Financial Proposal and the Bidders Statement Form is accurate, complete and up to date at the time our Proposal is submitted, and in the event we are declared as the Awarded Bidder, such declaration shall be made based upon our statements and representations in our proposal.

17. We are aware that any announcement of a Bidder as an Awarded Bidder or any notice or declaration related thereto or of any disqualification and/or a failure of a Bidder to comply with any the requirements for completion of each of this RFP’s stages shall be sent to the Bidders solely by the Ssecretary.

18. We are aware that any announcement and/or declaration as submitted to Bidders in any matter mentioned above, whether written or oral, by any other person or entity other than by the Secretary, shall be deemed as invalid and Bidder shall not rely thereof in any manner and for any purpose or use. Bidder relying on such announcement and/or declaration shall do so at its sole responsibility.

19. In the event we should be announced as the Awarded Bidder, we shall enter into the Contract with the Authority for the Provision of Consultancy, Supervision and Planning Services for Baggage Handling System to Israel Airports Authority in accordance to provisions of Section 4.9 to the RFP.



19

_________________________________ Name of Bidder and Corporate Seal

By: ___________________ (name) ___________________ (signature)

Address: Telephone:

E-mail:

Fax:



20


Tender No. 2014/070/0553/00

Appendix B

Bidder’s Statement Form

1. This Bidder’s Statement Form constitutes an integral part of our Proposal to the RFP issued by the Authority in Tender No. 2014/070/0553/00.

2. All capitalized terms used and not otherwise defined in this Statement Form shall bear the meaning ascribed to such terms in the RFP.

3. We, the undersigned (hereinafter: the "Bidder"), hereby warrant and obligate as follows:

3.1. The Bidder is a registered corporation in Israel or in the state in which the Bidder's offices are located, preceding the Submission Date (as defined in the RFP).

For demonstrating compliance with the above Threshold Requirement, Bidder shall attach a copy of the certificate of corporation.

3.2. The Bidder has at least seven (7) years of experience in each of the follows, preceding the Submission Date (as defined in the RFP):

3.2.1. Electrical Designing for Airfield Lighting.

And-

3.2.2. Structure and Paving Designing for Runways and/or parking for commercial passenger aircrafts.



21

For the purpose of demonstrating compliance with the above Threshold Requirement, Bidder shall specify its experience as required in this sections:

No. Description Location Name of Client (including

phone number and e-mail of

the representative)

period of performance at client's site

(Month &Year)

e.g. _______ LLBG IAA June 2012-July 2013

1.

2.

3.

4.

The first row in the table marked as "e.g." is an example, for illustration purposes only.

Bidder may attach printed tables, edited in an identical manner and containing all information required under this table, duly signed by the Bidder's authorized signatory and if Bidder is a corporation - accompanied by the Bidder’s corporate seal.

3.3. The Bidder has experience in designing at least three (3) projects. Each of the projects shall include designing for electrical, structure and paving for at least one runway (which have length of 2 kilometers at least), in international airports which have at least ten (10) millions passengers per year, all during the seven (7) consecutive years preceding the Submission Date (as defined in the RFP).

For the purpose of this article above: "project shall include designing for electrical, structure and paving" means: designing runways and/or parking for airplanes according to ICAO regulations, category E and above. The projects shall also include geometric planning for runway, taxiway or parking, planning paint, motion, drainage and electrical facilities, which include airfield lighting and navigations, parking lighting, STOP BAR, PAPI and operational signs.

For the purpose of demonstrating compliance with the above Threshold Requirement, Bidder shall specify its experience as required in this section:



22

No.

Description of the project

Location Name of Client (including phone number

and e-mail of the representative)

Date of performance at

clients' site Client (Month

&Year) 1.

2.

3.

4.

Bidder may attach printed tables, edited in an identical manner and containing all information required under this table, duly signed by the Bidder's authorized signatory and if Bidder is a corporation - accompanied by the Bidder’s corporate seal.

3.4. That the Bidder at least two (2) employees (hereinafter: "the Designers") who must fully comply with all the aggregate requirements as follows:

3.4.1. Each one of the Designers must be an engineer, with an engineer's license that allows him to sign for planning programs. And-

3.4.2. Each one of the Designers has the experience required in section 2.1.2 from the Bidder.

For the purpose of demonstrating compliance with the above Threshold Requirement, Bidder shall attach a copies of the engineer's license of the Designers.

Name of the Designers:

1. The Electrical Designer (full name):________________________

2. The Structure and Paving Designer (full name):________________________

It should be emphasized that the Designers which offered by the Bidder above, shall remain the Designers and the service providers on behalf of the Bidder during the Contract term (as defined in the Contract) in case the Bidder shall be announces as the Awarded Bidder.

For the purpose of demonstrating compliance with the above Threshold Requirement, Bidder shall specify its experience as required in this section:



23

Period of Experience (for each Designer)

No. Description of

performance

Location Name of Client (including phone

number and e-mail of the

representative)

Bidder may attach printed tables, edited in an identical manner and containing all information required under this table, duly signed by the Bidder's authorized signatory and if Bidder is a corporation - accompanied by the Bidder's corporate seal.

Name of the Israeli local Designing office (in case the Bidder's offices are located abroad) for the local Services as defined in Clause 11.1 to the RFP: __________________

For demonstrating compliance with the above, the Bidder shall attach an agreement for the local services between the Bidder and the Israeli local Designing office.



24

[Printed Name of Bidder]

By: [Authorized Signatory] Signatory's Name: Signatory's Title:

Bidder's Address:

Bidder's Telephone:

Bidder's E-mail:

Bidder's Fax:



25

Appendix C

Quality Grade Form

Table of compliance

No. Criterions Wight (%) Points

1.- the Bidder

Years of experiences in planning projects, that includes electrical, structure and paving (as the meaning defined in the RFP).

5% 7 years at least and up to 9 years (inclusive)- 3 points.

10 years and more- 5 points.

Bidder with valid ISO certificate for planning (preceding the Submission Date)

5% Without ISO certificate- 0 points.

With ISO certificate- 5 points.

Number of engineer's employees for electrical, structure and paving

5% For 2 engineer's employees at least- 3 points.

For 3 engineer's employees and more- 5 points.

Number of projects for runways (that each one of them have length of 2 kilometers).

10% For 3 projects at least which each runway have length of 2 kilometers at least and up to 3 kilometers- 7 points.

For 3 projects at least which each runway have length of 3 kilometers and more- 10 points.

2.- the Electrical Designer

Years of experience's in planning for airfield lighting



Number of projects for airfield lighting in international airports which have at least ten (10) millions passengers per year.

10% For up to 5 projects - 7 points.

For 6 projects and more- - 10 points.

Recommendations from at least 3 documented projects (including contact persons details)

10%



26

3.- the Structure and Paving Designers

Years of experience's in planning for structure and paving



Number of projects for structure and paving in international airports which have at least ten (10) millions passengers per year.

15% For up to 5 projects - 10 points.

For 6 projects and more- - 15 points.

Recommendations from at least 3 documented projects (including contact persons details)

10%

Total: 100%

For the purpose of demonstrating compliance with the table above, Bidder shall specify its experience as required in the table of projects below:



27

Table of projects (each separate table for the Bidder and for each of the Designers)

No.

Description of the project

Location Name of Client (including phone number

and e-mail of the representative)

Date of performance at clients' site Client

(Month &Year)

1.

2.

Bidder may attach printed tables, edited in an identical manner and containing all information required under this table, duly signed by the Bidder's authorized signatory and if Bidder is a corporation - accompanied by the Bidder's corporate seal.

[Printed Name of Bidder]

By: [Authorized Signatory] Signatory's Name:

Signatory's Title:

Bidder's Address:

Bidder's Telephone:

Bidder's E-mail:

Bidder's Fax: