Contract notice: Legal advisory services Tender, Poland - 27697537

Procurement Summary

Country : Poland

Summary : Contract notice: Legal advisory services

Deadline : 22 Nov 2018

Other Information

Notice Type : Tender

TOT Ref.No.: 27697537

Document Ref. No. : 451463-2018

Competition : ICB

Financier : Self Financed

Purchaser Ownership : -

Tender Value : Refer Document

Purchaser's Detail

Purchaser : MINISTERSTWO INWESTYCJI I ROZWOJU
Office Name: Ministerstwo Inwestycji i Rozwoju
Address: ul. Wspólna 2/4
Town: Warsaw
Postal Code: 00-926
Contact Point: Katarzyna B?o?ska


Fax: +48 222738922
Poland
Email :zamowienia@miir.gov.pl
URL :www.miir.gov.pl

Tender Details

Object of the contract
Legal advisory services

Description: Contract notice: Legal advisory services

Authority Type: Ministry or any other national or federal authority
Contact Nature: Services
Procedure: Open procedure
Document: Contract notice
Regulation: European Union, with participation by GPA countries
Award criteria: The most economic tender
CPV code: 79111000, 79400000, 66171000, 71315200, 71310000, 71000000, 72221000, 79000000, 80511000, 79421100, 79421000, 79111000, 79400000, 66171000, 71315200, 71310000, 71000000, 72221000, 79000000, 80511000, 79421100, 79421000
CPV Description: Legal advisory services.

Business and management consultancy and related services.

Financial consultancy services.

Building consultancy services.

Consultative engineering and construction services.

Architectural, construction, engineering and inspection services.

Business analysis consultancy services.

Business services: law, marketing, consulting, recruitment, printing and security.

Staff training services.

Project-supervision services other than for construction work.

Construction, reconstruction and maintenance of voivodship roads in the Włocławek district as part of public-private partnership.

Reference Number: BDG-V.2611.49 .2018.KB

The subject of the order is to provide consultancy (legal, economic-financial and technical) for the partiesy to the public in the scope of preparing a public-private partnership project and carrying out - based on the experience counseling collected during the training - specialist workshops for public entities, potential promoters of PPP projects. The order will be implemented in relation to the "Construction, reconstruction and maintenance of the voivodship roads of the Wołocawki region as part of the project-public-private partnership "

The subject matter of the contract is to provide consultancy (legal, economic-financial and technical) for the public party in the preparation of a public-private partnership project and conduct - based on the experience counseling collected during the training - specialist workshops for public entities, potential promoters-PPP projects. The order will be implemented in relation to the project "Construction, reconstruction and maintenance of voivodship roads in the Włocławek district as part of public-private partnership".

Contractor within 3 days from the date of posting information on the website referred to in Article 86 (5) of the Act The law of public procurement (OJ 2017 item 1579 as amended) hereinafter referred to as the PZP Act is an obligationrequired to provide the awarding entity with a declaration of belonging or non-affiliation to the same capital group as referred to in art. 24 sec. 1 point 23 of the Public Procurement Law. Along with the submission of a statement, the contractor may provide evidence that links with another contractor do not lead to distortion of competition in the procurement procedure. The pattern of the statement is an attachment to the ToR.

Orderwhich does not provide for the possibility of ordering, referred to in art. 67 sec. 1 point 6 and 7 of the Public Procurement Law. Contracting contractors may apply for granting the order (numbering in accordance with the ToR:

4.1 is not subject to exclusion pursuant to Article 24 paragraph 1 items 13-23 of the Public Procurement Law and article 24 section 5 point 1) and 8) of the Public Procurement Law. 4.2 meet the following conditions for participation in the proceedings regarding: 4.2.3 Capacityand technical:

The Ordering Party will recognize the above condition fulfilled if the contractor demonstrates that:

4.2.3.1 has properly implemented the service / services, the total value of which was at least 1, 000, 000 (one million) PLN gross, and the value of at least one of them was

PLN 200, 000 or more ( two hundred thousand) gross, each of which: • • relied on legal advice or on economic and financial consultancyor technical service whereby the Contractor must demonstrate that he has completed at least one service of each type, • provide advice in relation to the selection process of the contractor or concessionaire or private partner or financial institution under the Public Procurement Law or the Act of December 19, 2008 on public-private partnership (ie the Journal of Laws of 2017, item 1834 with later amendments, j referred to as the "PPP Act") or the Act of 9.1.2009 on concessions for construction works or services (Journal of Laws of 2009 item 101 with later amendments, hereinafter referred to as "Act on concessions") or acts of 21.10.2016 on the concession contract for construction works or services (ie the Journal of Laws of 2016, item 1920, as amended, hereinafter referred to as "Act on the Concession Agreement") or the Act of 27.10.1994 about toll roads and National roads-The Road Fund (ie the Journal of Laws of 2018 item 12, hereinafter referred to as the "Paid Highways Act"),

4.2.3.2 duly prepared at least 3 financial models in the form of a spreadsheet (an analysis including a forecast of at least 10 years for future with consideration of risk and sensitivity analysis), each of which concerned a different infrastructure project, i.e. an investment consisting inconstruction works within the meaning of art. 3 point 7 of the Act of 07.07.1994 Construction Law (ie Journal of Laws of 2017, item 1332 as amended, hereinafter the "Construction Law") with the value of investment outlays of at least PLN 50, 000, 000 (fifty million ) gross, including at least one of these projects was a project implemented in the public-private partnership model;

4.2.3.3at least 3 services, each of which related to an infrastructure project with a capital investment value of at least PLN 50, 000, 000 (fifty million), implemented on the basis of the PPP Act or the Concession Act or the Act on the Concession Agreement or the Toll Motorway Act, and each of these services consisted of: • preparing the documentation of the proceedings for the award of the contractpublic for the election of a partner or concessionaire; including the preparation of at least the conditions for participation in the proceedings and the relevant provisions of the contract and the criteria for the evaluation of bids; or • • participation in the selection process of a private partner or concessionaire or financial institution as an advisor to a private partner or concessionaire participating in a competitive dialogue or negotiationsfor the purpose of concluding a public procurement contract or as an adviser to a financial institution that provided funding in the project, i.e. concluded a financing agreement.

Due to the limited number of marks to introduce in this section, further terms are indicated in Section III.1.2) adverts

Continued condition from section III.1.1)

4.2.4 Professional capacity:

The ordering party will recognize-condition fulfilled if the Contractor demonstrates that within the team of experts who will participate in the performance of the contract, has or will have at least the following persons:

4.2.4.1. Head of the expert team (1 person) who during the last 6 years before the end of the deadline for submission of offers has a total of at least 4 years of experience in managing or coordinating a team orb teams of experts providing comprehensive consultancy services (ie including at least legal and economic, financial and technical advisory) for at least two infrastructure projects worth at least PLN 100, 000, 000 (one hundred million) gross in investment to the entity public or private in connection with the selection process of the contractor or-a concessionaire or private partner or financial institution within the meaning of the Public Procurement Law Act or the PPP Act or the Act on Concessions or the Act on the Concession Agreement or the Toll Motorway Act;

4.2.4.2 Economic and Financial Expert (2 people), each of whom:

• Has education: - higher (within the meaning of the Act of 27.7.2005 Law on Higher Education, ie the Journal of Laws of 2017, item 2183, as amended, hereinafter "Law on Higher Education") economically or - higher and obtained at least one of the following certificates or professional titles: investment advisor, CFA (Chartered Financial Analyst), ACCA (Association of Chartered Certified Accountants), CFF (Certified

In Financial Forensics), CIIA (Certified International Investment Analyst);

• Has experience based on sin the last five years before the deadline for submission of offers, 3 financial models in the form of a spreadsheet (an analysis including a forecast of at least 10 years for the future including risk and sensitivity analysis), each model prepared for another infrastructure project, the value of investment expendituresat least PLN 50, 000, 000 (fifty million) gross, of which at least one of these projects has signed a contract for co-financing from European funds and at least one of these projects was a project implemented in a public-private partnership model;

4.2. 4.3 Legal expert (2 people), each of whom: • has a university degree, and at leastone of them has the right to practice the profession of a legal advisor or advocate or is entitled to provide legal assistance under the Act of 5 July 2002 on the provision of legal assistance by foreign lawyers in the Republic of Poland (ie the Journal of Laws of 2016., item 1874, as amended); and

Has a box experience within the last 5 years before the deadline for submission of offers- preparing the documentation of the proceedings for granting a public order, including at least preparation of the conditions for participation in the proceedings and significant provisions of the contract and the criteria for the evaluation of bids submitted by the concessionaire or private partner or financial institution for at least 3 infrastructure projects, implemented on the basis of the Act PPP or lipso on a concession or act on a concession contract or the toll motorways act, with a capital investment value of at least PLN 50, 000, 000 (fifty million) gross each, or ...

Continued condition for participation in this section under "Minimum level required standards: "

Continuation of information on declarations and documents from Section III. 1.3) announcements from parts-"Minimum level of possible requirements" (numbers according to the ToR).

5.4 If the contractor has its registered office or place of residence outside the territory of the Republic of Poland, instead of the documents referred to in: 5.4.1 point 5.3 a), the ToR shall submit information from the relevant register or, in the absence of such a register, another equivalent document issued by the competent judicial or administrative authorityu in which the contractor has its seat or place of residence or place of residence has a person who is concerned with information or a document, to the extent specified in art. 24 sec. 1 point 13, 14 and 21, issued not earlier than 6 months before the deadline for submitting bids,

5.4.2 point 5.3 b) - d) The ToR shall submit a document or documents issued in the country in which he has its registered office or place of residence, and - that it is not in arrears with the payment of taxes, fees, social security or health insurance contributions or that it has entered into an agreement with the competent authority regarding repayment of such receivables together with any interest or fines, in particular it has obtained the legally required exemption, postponement or spreading overdue payments into installments or suspending in full the implementation of the decisionthe competent authority, issued not earlier than 3 months before the deadline for submitting offers -

its liquidation was not opened or bankruptcy not issued, issued not earlier than 6 months before the deadline for submission of tenders. residence or place of residence has the person concerned, documents do not appear, about whichh speech

In point 5.4 it is replaced by a document containing the statement of the contractor, - With the indication of the person or persons authorized to represent, or a statement of the person to whom the document was to be submitted, submitted to a notary or before a judicial, administrative or professional self-regulatory or economic authority due to the registered office or place of residence of the contractory or place of residence of that person. The dates set out in point 5 shall apply.

5.5 The contractor having its registered office in the territory of the Republic of Poland, in relation to a person residing outside the territory of the Republic of Poland, which is referred to in the document indicated in point 5.3 a) shall submit the document referred to in point 5. 1 within the scope specified in art. 24 sec. 1 points 14 and 21. If in a country, in-whose place of residence is the person to whom the document was to be related, such documents are not replaced by a document containing a statement made by the person before a notary or before a judicial, administrative or professional self-regulatory or economic self-regulatory body. The date specified in point 5 shall apply accordingly
Internet address (URL): www.miir.gov.pl

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