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Reference number: 2020-2417

27 July 2020

Request for tenders

Procurement document

Date: 27 of July 2020

Last day for submitting tenders: 10 of August 2020 until 16:00 p.m. (Kyiv time)

Validity of tender: 60 days

Project “U-LEAD: SALAR Support to the Roll-out phase” 2018-2020This document was produced with the financial assistance of the European Union and Sweden


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Index


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1 Introduction....................................................................................................................................4

1.1 General information about U-LEAD........................................................................................4

1.2 Steering documents................................................................................................................5

1.3 Scope of the procurement......................................................................................................5

1.4 The purpose and objectives of the procurement...................................................................6

2 Administrative conditions...............................................................................................................6

2.1 The Procurement documents.................................................................................................6

2.2 Language version....................................................................................................................7

2.3 Contracting Entity...................................................................................................................7

2.4 Distribution of procurement documents................................................................................7

2.5 Questions and clarifications....................................................................................................8

2.6 Site visit..................................................................................................................................8

2.7 Tender submission..................................................................................................................8

2.8 Validity of tender....................................................................................................................8

2.8.1 Tender content and tender template.............................................................................8

2.9 Assessment of tenders...........................................................................................................9

2.10 Possible negotiation phase.....................................................................................................9

2.11 Decision to award the contract..............................................................................................9

a. Confidentiality......................................................................................................................10

3 Information regarding the bidder.................................................................................................10

3.1 Company data.......................................................................................................................10

3.2 Referring to another company’s capacity (subcontractor)...................................................10

4 Selection criteria...........................................................................................................................11

4.1 Exclusion criteria...................................................................................................................11

4.2 Financially stable company...................................................................................................12

4.3 Capacity and experience.......................................................................................................13

4.3.1 References....................................................................................................................13

4.4 Routines for quality assurance.............................................................................................15

4.5 Minimizing the risks associated with the spread of COVID-19 disease in Ukraine................16

5 Specification of requirements......................................................................................................17


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5.1 Service levels........................................................................................................................17

5.2 Delivery, transports, and access...........................................................................................18

5.3 Environmental requirements................................................................................................18

5.4 Social considerations............................................................................................................18

5.5 Code of conduct...................................................................................................................18

5.6 Cooperation..........................................................................................................................20

6 Evaluation of tenders...................................................................................................................20

6.1 Base for the award of contract.............................................................................................20

6.2 Award criteria.......................................................................................................................21

6.3 Tender Document Submission List.......................................................................................21


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1 IntroductionSKL International AB, hereinafter SKL International, invites your company to tender for providing works to the recipients of the U-LEAD technical assistance located throughout Ukraine.

1.1 General information about U-LEAD

During 2014 and 2015, legislation in Ukraine was adopted aiming to provide an enabling environment for decentralisation reforms and for consolidating units of local governance. The process requires external support in areas such as improving service delivery, community security and social cohesion on local, regional and national levels. As a response to the above needs, the European Commission adopted the U-LEAD programme and assigned 97 million euros for the years 2016-2020.

The Ukrainian government’s commitment to the programme, together with the technical assistance provided by U-LEAD and other donors’ programs, create a momentum for implementing the decentralisation reforms successfully. The integration of service provisions is an essential part of the decentralisation reform package and relates specifically to improving the accessibility and quality of public services. There is a need to create new Administrative Service Centres (hereinafter ASC), primarily in capable amalgamated communities, and modernising the existing ASCs in small and medium sized towns.

The overall objective of the U-LEAD programme is to contribute to the establishment of a multilevel governance, which is transparent, accountable and responsive to the needs of the population in Ukraine.

This part of the U-LEAD programme will focus on establishing effective ACS and increasing public awareness of the local government implemented by The Swedish International Development Cooperation Agency (Sida). For this purpose, Sida provided a grant to SALAR to work with 26 pilot communities on establishment of different types of ASCs during an Inception Phase (2016-2018). During the Roll-out phase (2018-2020) Sida is aiming at to support up to 600 ASCs to improve the service provision for citizens of Ukraine.

During the Roll-out phase extension SKL International’s role will consist of these areas of work:

Ensuring quality and relevance of the Support Package on how to establish an ASC (developed during the inception phase).

Communicating the role of ASC in the decentralisation process. Policy advice and support on administrative delivery in Ukraine. Support to peer exchange between amalgamated communities in service provision. Support limited amount of communities in making their premises for ASCs more energy

efficient. Establish a Help Desk for communities and ASC to enhance better administrative service

provision at the local level.


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1.2 Steering documents

Code of Conduct, SKL International

1.3 Scope of the procurement

This is a request for proposals to refurbish premises which will serve as an ASC in Velykyy Burluk urban village of Kharkiv region, Ukraine. The works are composed of:

All the preparatory works required for the works execution, namely:

- Storage of materials;


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- Organization of temporary power supply;

- Water supply;

- Organization of the object protection;

Interior finishing works and refurbishment, including dismantling works in accordance with design project and working documentation specified in Appendix 3 and Appendix 4;

Works on installation of internal domestic sewerage K1 in accordance with the working project and design project;

Works on installation of domestic water supply B1 in accordance with the working project and design project;

Installation of hot water supply T3 in accordance with the working project and design project;

Installation of power supply in accordance with the working project, including dismantling of existing power supply networks in accordance with the working project and design project;

Installation of heating, ventilation and air conditioning systems in accordance with the working project and design project;

Installation of networks in accordance with the working project and design project; Installation of fire alarm in accordance with the working project and design project.

The names, manufacturers of equipment and construction materials are given as an example. Any manufacturers can be used providing equipment and materials of similar quality and specifications.

Scope shall not include the following:

External finishing works that are not specified in the working project; Connection of external engineering systems; Works on glazing of premises; Installation of boiler.

The contractor is not responsible for providing any of the equipment and furniture specified in the Appendix 3 except for toilets, sinks, taps, mixers, ventilation system equipment, air conditioning system equipment and electrical equipment.

The community is responsible for all administrative arrangements with local authority when it comes to land rights and other related administrative issues.

The detailed engineering documentation will be developed by SKL International and made available to the contractor in full for the construction works.

The quality and visual requirements shall be further finalized with the contractor prior to beginning of the works. At this stage, we foresee the following adjustments amongst potential other changes: type and colour of the floor coverings, colour of the walls and materials for outdoor walls, type of the ceiling material and lighting type as well as type of the window/door bays (casings).


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For the evaluation of the tender, the bidder shall provide detailed price breakdown of the works and materials for all works with a separate document estimating indoors refurbishment works. This price breakdown will constitute the evaluation metrics of the financial proposal and the resulting score in the overall tender. The price should be final and without dynamic elements. The price may however be negotiated upon SKL International’s initiative.

Commercial offers must be submitted in UAH, VAT exclusive.

The scope of work and cost are calculated in accordance with the working documentation. The scope of work given in Annex 4 Local Estimate Template for Calculating Cost of Works is approximate.

The bidder must do the calculations in the calculation of the construction cost based on the construction technology and types of materials given in the working project and design project.

The bidder should be able to deliver all the works stated in the technical requirements. If the bidder is not capable of doing so on his own other subcontractors should be involved and named in the tender proposal.

The construction should be finalised by 30th of November 2020.

The estimated time when contract is signed with the winner is 13th of August 2020. If this date is delayed by any reason, the deadline for finalising the construction will be postponed to the same extent, unless the parties to the contract make other written agreements.

1.4 The purpose and objectives of the procurement

This procurement seeks to assist the U-LEAD communities in attaining proper premises to house the ASCs.

2 Administrative conditions2.1 The Procurement documents

The procurement documents consist of the following documents and appendices:

Request for tenders (this document, which also is a tender template in order to facilitate for bidders to submit tenders)o Introductiono Administrative conditionso Selection criteriao Specification of requirementso Evaluation of tenders

Appendix 1: Contract template Appendix 2: Company data Appendix 3: Project plan:

- Architectural design;


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- Electrical solutions;- Heating, air conditioning and ventilation;- Fire alarm;- Design project.

Appendix 4: Local Estimate Template for Calculating Cost of Works:- Local estimate for domestic drinking water supply B1 and hot water supply T3;- Local estimate for the installation of the ventilation, heating, air conditioning;- Local estimate for electrical works;- Local estimate for the installation of domestic sewerage K1;- Local estimate for the installation of fire alarm;- Local estimate for reconstruction. Civil engineering;

Appendix 5: SKL International’s Code of Conduct; Appendix 6: Environmental requirements.

2.2 Language version

The original procurement documents are in English. They are also translated into Ukrainian. Should there be any contradictions between the English and the Ukrainian versions, the English version will prevail.

2.3 Contracting Entity

SKL InternationalHornsgatan 20 SE-118 82 StockholmSweden

2.4 Distribution of procurement documents

The procurement documents are published and distributed through an electronic procurement tools as described below:

Procurement tool at the web platform zakupki.prom.ua; Web-page decentralisation.gov.ua; Web-page tendersontime.com.

Questions regarding how to submit a tender must be addressed to the support function of the procurement tool. Contact details: Vladyslav Tynok, [email protected].

If it is not possible to submit tenders via the proposed procurement tools, tenders must be submitted via e-mail: [email protected] .

Bid files with technical and price offers should be submitted in pdf format, possibly zip-archived.

2.5 Questions and clarifications

Any questions regarding the procurement documents must be submitted no later than two days before the last day for submitting tenders for SKL International to respond.

mailto:[email protected]


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Any clarifications or answers will be published, at the latest, four days prior to the last day of submitting tenders. Only clarifications or answers published electronically shall be regarded as part of the procurement documents, i.e. clarifications or answers communicated in other ways have no bearing on the procurement and shall not be considered when submitting a tender.

2.6 Site visit

Potential bidders are invited to conduct a site visit to the location on their own accord. SKL International is not able to support nor assist potential bidders if they choose to visit the site.

2.7 Tender submission

The tender must be submitted no later than the date specified on the front page of this document . Tenders submitted after the deadline will not be regarded.

Tenders are submitted by uploading the tender documents to the procurement tool, if it is not possible to submit tenders via the proposed procurement tools, tenders must be submitted via e-mail: [email protected] .

Tenders must be written in English or Ukrainian and shall be signed by an authorized representative for the bidder.

No reimbursement will be offered for the preparation of tenders.

2.8 Validity of tender

Tenders must be valid for 60 days from the submission deadline.

2.8.1 Tender content and tender template

It is of most importance that the tender includes all the requested information. The tender must show that the conditions and requirements set in the procurement documents are fulfilled. If tenders are incomplete or if it is not clear that the tender fulfils all requirements, the tender may be rejected.

The procurement documents consist of tender templates and bidders are recommended to use the templates for the tender, in order to ensure that all requested information is included in the tender.

The tender templates are based on Microsoft Office Word format, and to be able to read and fill out the templates, the bidder should have a Microsoft Office compatible program. Spaces for responses will automatically expand when filled out. If necessary, extensive descriptions can be presented in separate appendixes. If the bidders are to use appendices, it is important that they are attached to the original tender.

2.9 Assessment of tenders

When assessing submitted tenders, SKL International may take action in order to verify the information submitted in the tenders. If bidders have submitted incorrect information in any regard, the tender may be rejected.

All tenders that fulfil all mandatory requirements will proceed to the evaluation of tenders. The evaluation will be based on the award criteria described in Section 6.



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2.10 Possible negotiation phase

SKL International may choose to invite bidders who fulfil the qualification criteria, to negotiate. Negotiations will take place if SKL International invites a bidder to such a meeting, but in reverse, bidders do not have the right to demand a negotiation.

Possible negotiations may be conducted in successive steps, which means that SKL International may reduce the number of bidders who proceed to the following negotiation phase. Such reduction must be based on objective evaluation criteria according to Section 6 in this document.

2.11 Decision to award the contract

SKL International will award the contract to the tender that, after conducted evaluation, has shown to be the most economically advantageous tender and meets the basic quality criteria, namely:

• Experience of conducting similar construction works;• Ability to start work as soon as possible;• Availability of a reference letter with contacts and positive feedback;• Financial capacity to meet contract requirements;• Provision of an action plan to minimize the risks associated with the introduction of a

quarantine on the Territory of Ukraine by Resolution on Prevention of the Spread of COVID-19 in Ukraine dates 11 March 2020 of the Cabinet of Ministers of Ukraine or any other future resolution put in its place.

The decision to award the contract will be published in the web tool for the procurement. All participating bidders will also receive an email with information about the awarded contract and the reasons for the decision.

The contract is a tripartite agreement where SKL International is referred to as the investor, the community is referred to as the client, and the awarded bidder is referred to as the contractor. The contractor complies to the investor, particularly in regard to work schedule and resolving all emerging issues. At the same time, control of the works performed, and acceptance of the work is carried out jointly by the investor and the client and is approved in writing by all parties.

The contract between SKL International, the community and the awarded bidder will be formalized when signed by the three parties, no earlier than three days after the contract award decisions is published. The contract will be completed according to the draft contract in Appendix 1.

The investor pays the contractor for the works at the prices specified in the contract. Payment for the completed works is made in Euros from the investor's account in Sweden. Payment for construction works are exempted from VAT in accordance with the rules and regulations for the International Technical Assistance project dully registered with the Secretariat of the Cabinet of Ministers of Ukraine.

1. Complaints can be sent within three working days after the announcement of the tender results to [email protected] .

a. Confidentiality



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2. Information regarding submitted tenders is confidential until the decision to award the contract is taken. However, please note that SKL International will publish the conclusions that were the basis for the decision to award the contract. Information that might be published is the name of the bidder and reasons why a bidder has been awarded a contract.

3 Information regarding the bidder.3.1 Company data

Bidders shall submit information about the company according to the template presented in the Appendix 2.

3.2 Referring to another company’s capacity (subcontractor)

Bidders may refer to another company’s capacity in order to fulfil criteria and requirements stated in these procurement documents. Bidders shall, if applicable, specify information about such a company according to the template below. The referred company is considered as a subcontractor and must fulfil the following requirements:

Exclusion criteria according to Section 4.1; Fulfilment of obligations relating to taxes and social contributions; Fulfilment of obligations regarding proper registration; Fulfilment of the requirement/-s for which the company has been referred to.

If referred capacity belongs to the bidder’s parent company, subsidiary, associated company or similar, it means that such a company must be stated as a subcontractor in this procurement. The bidder must be able to show SKL International evidence of a binding cooperation agreement, written commitment or other legal relationship which shows that the bidder is able to access the referred capacity of the subcontractor if SKL International intends to conclude a contract with the bidder. The agreement must be linked to the commitment according to this procurement and must be valid during the whole term of the contract.

Referring to another company’s capacity

Possible subcontractors (name and corporate identity number):

Description of each stated subcontractor´s capacity that the bidder refers to:

4 Selection criteriaTo ensure that the bidder is suitable as a contractor for the works that this procurement covers, the selection criteria below must be met. If the bidder does not meet the stated criteria, it is at risk of being excluded from the procurement process and may not be taken into further consideration.


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4.1 Exclusion criteria

The bidder will be excluded from participating in the procurement if it comes to SKL International’s knowledge that the bidder is subject to the following circumstances:

1. Individual entrepreneur or a company under EU sanctions;2. Participation in a criminal organisation;3. Been found guilty of

o corruption, o fraud, o terrorist offences, o money laundering, or o terrorist financing.

4. Not fulfilling its commitments regarding payment of taxes or social security contributions in Ukraine or the country where the bidder has its registered office;

5. Proven unreliable, for instance because of violations of environmental or social obligations, including rules on accessibility for disabled persons or other forms of grave professional misconduct, such as violations of competition rules or of intellectual property rights;

6. Grave professional misconduct which renders the bidder’s integrity questionable and thus renders the bidder unsuitable to receive the award of a public.

The bidder may also be excluded if its performance in earlier contracts with SKL International or other organisations tied to the U-LEAD programme, has shown major deficiencies with regard to agreed requirements, for instance failure to deliver or perform, significant shortcomings of the product or service delivered, making it unusable for the intended purpose, or misbehaviour that casts serious doubt as to the reliability of the bidder. A maximum duration for such exclusions is three years from when the misconduct occurred, if longer terms are not specified in the Ukrainian legislation.

If the bidder is a legal person, the bidder will be excluded if a representative for the legal person has been convicted for any of the crimes mentioned in items 1-5 above and the judgment has gained legal force.

The bidder shall confirm that none of the exclusion grounds are applicable regarding the bidder or regarding possible subcontractors.

Exclusion criteria

Confirmation that the bidder and possible subcontractors are not subject to any of the exclusion criteria described above:

Yes

The bidder must, upon request, be prepared to submit information that shows that the criterion is fulfilled.

4.2 Financially stable company


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The bidder shall have a stable financial position, in order to be able to deliver the procured works during the term of the contract.

The bidder and its affiliated parties shall, therefore, fulfil the following:

Have the minimum consolidated revenue of at least 6 000 000 UAH for the last three years. Audited financial statements, tax filings or other acceptable means should demonstrate compliance with this condition;

Maintain for the past two years consolidated Cash Flow Margin Ratio (Cash flow from operations/Net sales) on the level of no less than 5%;

Provide evidence of the company's financial sustainability, including confirmation of the availability of EUR 100,000 in order to fulfil the obligations stated in the contract that will be concluded with the awarded bidder, and provide a statement of balance sheet items showing the enterprise's fixed assets;

Demonstrate the bidder’s intention to continue operations in the near future, to guarantee the possibility of facility's operation and to guarantee the facility's warranty service during the warranty period. The warranty period is 10 years and starts from the day the object is accepted by the client.1

Alternatively, to demonstrate the financial capacity, the bidder can offer the following financial guarantees by the third party:

The contractor shall, within the timeframe specified in the decision to award the contract, furnish SKL International with a performance bond in the amount equivalent to 10% (ten percent) of the contract price, to be issued by a reputable bank or surety company (insurance company) in a form acceptable to the SKL International (the “Performance Bond”). The Performance Bond shall serve as the guarantee for the contractor’s faithful performance and compliance with the terms and conditions of the contract. The amount of the Performance Bond shall not be construed as the limit of the contractor’s liability to SKL International in any event. The Performance Bond shall be effective from the date of commencement of the Works until the date of final act of acceptance as per Section 7 of the Contract.

Performance guarantee insurance at 2x the contract amount from a reputable international insurance company. Should cover non-performance, defects remediation in case of the contractor default and delivery delays.

4.3 Capacity and experience

The bidder shall have at least three years of relevant experience. The bidder shall have adequate resources and competence to deliver the works within the requested time frame and quality that is described in these procurement documents.

The bidder should have experience in the following types of work:

1 Due to the introduction of the quarantine on the Territory of Ukraine by Resolution on Prevention of the Spread of COVID-19 in Ukraine dates 11 March 2020 of the Cabinet of Ministers of Ukraine or any other future resolution put in its place it is uncertain whether the facility’s operation can be guaranteed during the duration of the quarantine. The bidder should not consider the quarantine in regard to this criterion. Instead the bidder will be asked in Section 4.5 to e.g. assess the risks in regard to the quarantine.


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Interior decoration works; Electrical works; Fire protection works; Installation and commissioning of ventilation systems; Installation of water supply and sewerage systems.

The bidder shall have successfully delivered at least three similar projects with the value of no less than 300 000 Euro and a min 5 000 m2 of commercial space building in the past 3 years as provided in the references below. The m2 requirement is a total sum of built properties over the three-year period.

Contractors with Ukraine specific experience will receive a higher technical score.

4.3.1 References

In order to verify the bidder’s experience, the bidder must submit information regarding the reference cases regarding the works. At least three reference cases must have been finished and completed according to the conditions in the contract between the contractor and its customer.

SKL International may, during the assessment of the tenders, take action to verify the submitted information in the tender, e.g. by contacting the specified contact person for the reference case. If a contact person does not respond to SKL International’s attempts to contact him/her, or if he/she cannot verify the information in the tender, or cannot verify that the reference case was a successfully completed project, the bidder will not be able to be credited with the experience of the reference case and will therefore not fulfil the requirement.

The bidder shall submit requested information about the reference cases, according to the template below.

Reference case 1 for the bidder

Name of customer company:

Short description of the project:

The time the project was conducted during (within the last [number of years] years counted from the last day of submitting tenders:

From (date) to (date)

Verify that the project included [specific details about the project]

Yes

The customer’s contact person:


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Phone number to the contact person:

Email address to the contact person:




The time the project was conducted during (within the last [number of years] years counted from the last day of submitting tenders:



Yes







The time the project was conducted during (within the last [number of years] years counted from the last day of submitting



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tenders:


Yes




4.4 Routines for quality assurance

The bidder shall apply documented routines for quality assurance, which ensures that the agreed upon quality and works time will be met during the term of the contract. The quality assurance shall be conducted in accordance with guidelines and/or routines that enables SKL International to follow up the quality of the delivered works and to measure performance against specific targets.

Guidelines and/or routines shall at least cover the following:

What is the system in place to handle management change; How the contractor takes care of customer complaints and what actions the contractor takes

to prevent that shortcomings by the contractor is repeated; How the contractor ensures and verifies that the requirements set by their customers are

met; How the contractor ensures that agreed timetables are met, even when unforeseen events

occur; How the contractor follows up and measures performance in completed assignments for

continuous development; How the contractor addresses worker, third party and site safety; How the contractor addresses environmental hazards, including the disposal of construction

waste.

The bidder shall present how the requirement is fulfilled. The presentation shall include a description of the guidelines and/or routines that the company applies, which is detailed enough so that the guidelines and/or routines cover all aspects described above and that the requirement is fulfilled.

Routines for quality assurance

Description of how the requirement regarding quality assurance is fulfilled


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4.5 Minimizing the risks associated with the spread of COVID-19 disease in Ukraine

Considering the introduction of the quarantine on the Territory of Ukraine by Resolution on Prevention of the Spread of COVID-19 in Ukraine dates 11 March 2020 of the Cabinet of Ministers of Ukraine or any other future resolution put in its place, the bidder is obliged to submit a plan of action to minimize the risks related to quarantine and the risks related to the spread of COVID-19 in Ukraine.

The plan of action must include but is not limited to the following:

Analysis of existing and potential risks associated with quarantine and the possible spread of the disease in relation to the works;

The overall forecast of the bidder’s ability to conduct economic activity during the quarantine and if the disease spreads among personnel and suppliers;

Analysis of tendencies in legal relations with the bidder’s counterparties, namely suppliers of construction materials, equipment and other tangible assets that are necessary to fulfil bidder’s obligations stated in the contract, during the quarantine and ways of minimizing any negative consequences in case of their occurrence;

Analysis of the bidder’s personnel policy during the quarantine in order to ensure the required number of skilled construction contractors. Confirmation of the possibility to ensure compliance with the sanitary-epidemiological requirements and restrictions in the conditions of quarantine (compliance with labour and industrial safety legislation, providing workers with personal protective equipment, etc.);

Analysis of tendencies in legal relations with subcontractors, whose involvement is deemed necessary to fulfil the bidder’s obligations stated in the contract under quarantine, and ways of minimizing any negative consequences in case of their occurrence;

Information on the availability of reserve resources to cover the costs associated with fulfilling the obligations stated in the contract that will be concluded with the bidder in the event of any negative consequences associated with the introduction of quarantine.

5 Specification of requirementsEligible participants

The tender is open to all legal persons, except for individual entrepreneurs who are nationals of countries subject to EU sanctions and companies that have their registered office in a country subject to EU sanctions.

Technical eligibility of participants

The tender requires the bidders to ensure that they have all needed resources to operate in Ukraine upon contract signature, within 2 weeks of tender award.


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Personnel requirements

The bidder shall provide a Project Manager with a minimum of 10 years relevant work experience, with minimum of 3 years experience of managing construction works. Fluency in Ukrainian is mandatory. (CV should be included in the submitted documentation).

Worker and tradesman qualifications should be at least grade 4 according to the current Ukrainian worker qualification norms or their international equivalent.

Plumbers, welders and electricians should be at least grade 5 according to the current Ukrainian worker qualification norms or their international equivalent.

Workers must undergo special training in occupational safety, welding, etc., depending on the type of work performed.

The contactor shall submit proof of worker competence before starting the works on each specific site. Failure to do so will be grounds for contract termination.

5.1 Service levels

The bidder, as a contractor, guarantees the possibility of operation of the object during the warranty period.

The bidder, as a contractor, is responsible for the defects related to the works performed if they are found within the warranty period, unless contractor proves that they occurred as a result of: natural deterioration of the object or its parts; improper use of it or incorrect instructions for its operation, developed by the client himself or by third parties involved by the client; improper repair of the object by the client himself or by third parties involved by the client.

The bidder, as a contractor, is obliged to eliminate all defects related to the works within 10 working days (except for the situations when elimination of a serious a technical defect requires a longer time period) from the moment of receipt of the notice from the client within the 10-year warranty period from the date of acceptance of the object by the client. If circumstances beyond the contractor’s control causes delay, such as the quarantine due to COVID-19 disease or other unforeseeable circumstances, the contractor shall eliminate defects without any delay as soon as the external factors do not hinder action any longer.

5.2 Delivery, transports, and access


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The contractor is responsible for all delivery, unloading, installation and transportation cost. The representative value of these services should be included in the total bid price. Travel on the construction site and preparation of the unloading sites are organized by the contractor, the cost of these works should be included in the total cost.

Some construction sites may have access problems that may require temporary access paths to be constructed in order to perform the works. These types of work are separately agreed with the client and are the responsibility of the client.

5.3 Environmental requirements

The contractor shall comply with the environmental requirements outlined in Appendix 6.

5.4 Social considerations

The contractor must comply with the Ukrainian legislation regarding minimum wages in the country and the prohibition of forced labour. SKL International has the right to immediately terminate the contract if forced labour is used or the identification documents of employees are seized at the enterprise.

5.5 Code of conduct

The contractor must act in line with all laws, policies and ethics of Ukraine. If Ukrainian law is less stringent than SKL International’s Code of conduct in the Appendix 5, then the Code of conduct shall be followed.

SKL International is committed to conducting its business activities with the highest degree of integrity. This commitment includes a zero-tolerance approach towards all forms of bribery and corruption. For the purposes of the Code of Conduct corruption means "the abuse of entrusted power for private gain" including collusion, fraud, embezzlement and theft. Bribery is defined as "the offering, promising, giving, accepting or soliciting of an advantage (whether financial or otherwise) with an intention to influence the behaviour of the recipient".

Personnel and partners must not engage in any form of bribery or corruption and shall not use the position of SKL International to influence or gain undue benefits or advantage for themselves or others. Personnel and partners are expected to behave in an ethical and transparent way that sets an example for other colleagues, partners and associates.

Some examples of the situations where bribery or corruption may occur, as well as general principles that personnel and partners should follow is listed in Appendix 5.


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5.6 Cooperation

Following the selection of the winner and runners up, the project will sign a contract with the winner, establishing the performance criteria, price basis and compliance relationship. The works will be executed in compliance with a tripartite contract between the contractor, SKL International and the client, the latter will conduct the works supervision and final commissioning of the object.

The contractor shall complete the stated works no later than 30th of November 2020, unless the contracting entity in written form allows completion at a later date due to the introduction of the quarantine on the Territory of Ukraine by Resolution on Prevention of the Spread of COVID-19 in Ukraine dates 11 March 2020 of the Cabinet of Ministers of Ukraine or any other future resolution put in its place.

The contractor can choose to either finance the works himself until completion of the premises with 20 working days payment terms upon successful commissioning of the object or choose to take a 30% pre-payment for works if he can provide the bank guarantee from a reputable international bank for the pre-payment amount. In case the pre-payment is approved, the invoice for the pre-payment amount should be issued.

The client will carry out the works supervision and acceptance of the works.

The contract is part of the International Technical Assistance Project dully registered with the Ministry of Economic Development and Trade of Ukraine and is exempt from VAT, duties, fees and mandatory requirements for the sale of foreign currency.

As this is a Technical Assistance project, the client will make the ownership acceptance of the works. All warrantee obligations will be transferred to the client.

6 Evaluation of tendersAll tenders that fulfil all stated requirements and criterion will be evaluated according to the evaluation method described below.

6.1 Base for the award of contract

SKL International will award the contract to the bidder who has submitted the tender with best quality price ratio.


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6.2 Award criteria

Minimal technical score for evaluation of the financial proposal shall be 30 points.

Score

Financial status of the company 20

Personnel and sub-contractors 15

Project references 15

Financial Offer 50

Total 100

6.3 Tender Document Submission List Company Information according to the form in the Appendix 2; Technical information about the company capabilities and the description of the approach to

handling the delivery of the contract including the technologies selected and approximate time plan for implementation (20 pages max);

CV of the Project Manager or information about subcontractors for the main works; Company registration documents, if in a language other than Swedish, English, Russian and

Ukrainian, a translation of the information into English; Subcontractor information according to the form 3.2; Proof or the exclusion criteria according the form 4.1; Proof of the company’s financial sustainability, as well as a confirmation of the availability of

100,000 euros to finance the work; Company references according to the form 4.3.1; Description of the company’s quality assurance practices per 4.4; Description of company’s environmental, health and safety policies A plan to minimize the risks associated with the introduction of quarantine on the Territory

of Ukraine by Resolution on Prevention of the Spread of COVID-19 in Ukraine dates 11 March 2020 of the Cabinet of Ministers of Ukraine or any other future resolution put in its place.

Confirmation of compliance with the environmental requirements outlined in Appendix 6.

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