JPDP: The tender for the supervision of the new highways has been cancelled, the selected company did not provide a bank guarantee

Road Repair / Photo: Free Press Archive

JPDP reports that the Public Procurement for the selection of the Supervisor and legal transaction advisor for the construction of Corridor VIII and Corridor Xd was conducted in accordance with the Law on Public Procurement, for which a tender was published, followed by evaluation and selection of the most favorable offer.

Namely, on 28.12.2021 an announcement was published on the electronic system for public procurement with a deadline for submission of offers until 23.3.2022 at 11 a.m., after which the Commission for Public Procurement held a public opening of the offers at which it was determined that they had been submitted 2 (two) offers. After the completion of the evaluation, the Public Procurement Commission prepared a Report of the implemented procedure, in which it was determined that there was one acceptable offer and a proposal was given for the selection of the most favorable offer, which indicated the offer of (JV) Offer dated 23.03.2022 from INSTITUT IGH dd shareholding company for research and development in construction Zagreb, as the leader of a group of bidders associated with the design, supervision and engineering company INSTITUTE ZA PATISHTA DOO Veles, which resulted in a Decision on the selection of the most favorable offer certified on 17.05.2022.

After the finality of the Selection Decision, an Agreement was drawn up and signed on 19.7.2022, but a bank guarantee was not provided, for which additional time was requested for its delivery. However, even after the extension of the deadline, the most favorable bidder does not meet the deadline for the delivery of a bank guarantee for the timely and high-quality execution of the contract for Supervision and legal transaction advisor for the construction of Corridor VIII and Corridor Xd, which was until 5.8.2022/10/XNUMX. With this, the Declaration of Seriousness was violated, and the signed contract has no legal effect and possibility of implementation. Namely, although the Agreement has been signed by both parties, it has not entered into force because the published tender documentation states that a Bank Guarantee for timely and quality execution of the agreement of XNUMX% of the total value of the agreement including VAT is provided for this procedure and in the special conditions of the contract it is stated that the basic condition for the effectiveness of the contract is the submission of a bank guarantee for timely and quality execution of the contract.

Hence, it is not enough for the selected bidder to only sign the contract, but at the same time he should also provide a bank guarantee for timely and quality performance of the contract, i.e. in accordance with Article 116, paragraph 2 of the Law on Public Procurement, the public procurement contract is concluded in accordance with the conditions established in the tender documentation and the offer.

Based on the above as well as on the basis of Article 101, paragraph 6, paragraph 4 of the Law on Public Procurement, for the reason that the selected bidder did not provide the bank guarantee for timely and quality execution of the contract within the stipulated period, which is provided for in the published tender documentation on 9.8.2022/XNUMX/XNUMX, a decision was made to cancel the procedure.

Currently, the deadline for appeal is running until August 19.8.2022, XNUMX, after which the Public Enterprise for State Roads will immediately start a new procedure for announcing a new tender.

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