Standard Tender Documents
REPUBLIC OF ALBANIA
STANDARD DOCUMENTS
INTERNATIONAL OPEN PROCEDURE
GOODS
“Information System for administration / support of policy implementation
based on costs by diagnosis (DRG Diagnosis Related Groups) for hospital
health care system”.
With a limit fund of in total 28,544,000 (twenty eight million five hundred and forty-fourth
thousand) in ALL exluding VAT, available from: Debt for Development Swap
Agreement (IADSA).
REF.:NO Projekt IHIS - IADSA/2014/03
Standard Tender Documents
REPUBLIC OF ALBANIA
MINISTRY OF HEALTH
CONTRACT NOTICE FORM
1.Contracting Authority, address, phone number:
Ministry of Health, Blv.Bajram Curri nr 1 Tiranë.Tel.Fax.0035542376194
Responsable officer: Procurement Unit. Ministry of Health. Office No 27. Tirana
2.Type of Procurement Procedure: International Open Procedure / Supply of Goods
3.Object of procurement: “Information System for administration / support of policy
implementation based on costs by diagnosis (DRG Diagnosis Related Groups) for hospital
health care system”.
REF NO: Project IHIS-IADSA Project/2014/03
4. Limit Fund in Total: 28,544,000 (twenty eight million five hundred and forty-fourth
thousand) ALL without VAT.
5. Financing source: Program: Italian-Albanian Debt for Development Swap Agreement IADSA
6. Time limit for completion: Deadline project implementation: from the date of contract
signing up to the deadline 31.10.2016.
7. Date of tender:
Date: 23.03.2016 at 12ºº hrs, Venue: Ministry of Health, Blv.Bajram Curri nr 1, Tirana
8. Deadline for the submission of documents:
Date: 23.03.2016 at 12ºº hrs Venue: Ministry of Health, Blv.Bajram Curri nr 1 Tiranë
9. Successful Bidder selection criteria: Lowest price
10. Language of bid or expression of interest: English
11. Publication Reference:
http://www.shendetesia.gov.al/al/publikime/farmaceutika/njoftime
Standard Tender Documents
Section 1. The Contracting Authority
1.1
Name and address of contracting authority
Name:
Address:
Tel/Fax
E-mail
Adresa e Internetit
1.2
1.3
Ministry of Health of the Republic of Albania
Blv. Bajram Curri Nr. 1, Tiranë
0035542376194
___________________________________________
www.shendetesia.gov.al
Type of contracting authority and main activity or activities:
Central Institution
Independent Institution
x

Units of local authorities
Other


Contract under a special agreement between Albania and another State
Yes
No
x
Section 2. Object of contract
2.1
Type of contract
Work

Type "Public Contracts for Goods"
Purchase
x
Rent

Leasing

Service

Goods
x
Hire-purchase
A combination of these


2.1.2Contracts under the Framework Agreement
Yes
No
x
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2.1.3
Type of the Framework Agreement
With one Economic Operator
With few Economic Operator
All terms are defined
Yes
No
2.1.4 The number of economic operators with which will be concluded the Framework
Agreement:___________(hire should be determined the maximum number of economic
operators which will connect the Framework Agreement).
2.1.5
Conditions that will be applied in the case of
reopening the competition and / or potential use
of electronic auctions.
2.1.6 The contracting authority / contracting authorities which will conclude framework
agreement: _________________________________________________________________
___________________________________________________________________________
2.2
Short description of the contract / framework agreement
1. Limit fund 28,544,000 (twenty eight million five hundred and forty-fourth thousand) in
ALL exludingVAT,
2. Source of Financing: Program: Debt for Development Swap Agreement (IADSA).
- Value 28,544,000 in ALL without VAT - Acquisition and implementation of the "Information
System for administration / support of policy implementation based on costs by diagnosis (DRG
Diagnosis Related Groups) for hospital health care system”."
3. Object of contract / framework agreement (NO Project IADSA / 2014/03): Acquisition and
implementation of the " Information System for administration / support of policy
implementation based on costs by diagnosis (DRG Diagnosis Related Groups) for hospital
health care system”.
Standard Tender Documents
2. 3 Duration of the contract or time limit for completion:
Duration in months
or in days
or
/
starting from
/
conclusion on
/
/
- The Implementation perid of the project from the date of signing of the contract up to
the deadline date 31.10.2016
2.3.1. The duration of the Framework Agreement
Duration in months: ••ordays: •••• (from the signature of the Framework Agreement
(at most (4) years)
Or starting from••/••/•• (dd/mm/vvvv)
Conclusion on
••/••/•• (dd/mm/vvvv)
2.4
Place of delivery of the object of the contract / framework agreement:
______________________________________________________________________________
______________________________________________________________________________
2.5
Division into LOTS:
Yes
No
x
IF YES,
2.6
Brief description of LOTS
(The object and fund limits per LOTS)
1_____________________________________________________________________________
2.____________________________________________________________________________
3.____________________________________________________________________________
etc
A Bidder may apply for [a lot], [several lots], [all lots]. For every lot should be presented a
special offer.
2.7
Options:
Number of possible renewals (if any):
Or: from
to
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2.8
Variants that will be accepted:
Yes
No
x
2.9. During the procurement process in the field of Information and Communication
Technology (ICT) are used standards developed by the National Agency for Information
Society:
Yes
No
x
2.10. During the procurement process in the field of Information and Communication
Technology (ICT), when standards are not applicable, prior approval was obtained from
the National Agency for Information Society:
Yes
No
x
Section 3
Legal, economic, financial and technical Information
3.1
Eligibility Criteria under Annex 8.
3.2 Bid Security: (applicable in the case of procurement procedures with a value greater than
the high monetary limit, if required by the contracting authority).
In the cases of submission of tenders by lots, the value of the bid security, where required, for
each of Lots is as follows:
Lot 1 ______ in ALL
Lot 2 ______ in ALL
Section 4
Proceedings
4.1
Type of procedure:
International Open Tender
4.2
Winner’s selection criteria:
 Lowest price x
In the case of procurement procedures for the supply of fuel, gasoline, benzene and fuel for
heating, the lowest price based on:
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i) the price of the stock, according to Reuters disbursed under the condition CIF-Albania, which
is published in the latest Bulletin of Public Notice, prior to the submission and opening of bids;
ii) fiscal elements, including excise duty, carbon tax;
iii) lower margin of profit, expressed as a percentage.
The absolute value of the profit margin will not change during the contract in case of price
fluctuations.
Or
B) most economically advantageous offer
as per importance: Price
oint
etc.
oint
The Contracting Authority must specify the points for each evaluation criterion set.
4.3
Time-limit for submission of bids or requests to participate:
Date: 23/03/2016 (dd/mm/vvvv)Time:12:00
Venue: Ministry of Health, Blv.Bajram Curri nr 1 Tiranë
4.4
Deadline for opening of bids or requests to participate:
Date: 23/03/2016 (dd/mm/vvvv)Time:12:00
Venue:Ministry of Health, Blv.Bajram Curri nr 1 Tiranë
Information to be transmitted during the public opening of bids shall be transmitted to all
those Economic Operators who have submitted bids upon their request.
4.5
Period of bid validity:150 days
4.6
Language(s) in which bids or requests to participate may be drawn up:
Albanian
Other
English

x
_______________
Section 5 Additional Information
5.1
Payable documents (applicable only for procedures that are not held by electronic
means):
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Yes

No
x
Price
_______
If Yes
Currency
_________
This price covers the current costs of copying and distribution of TD to the Economic Operators.
The interested Economic Operators have the right to check TD before their purchase.
5.2 Additional information (place, office, manner for withdrawal of the bid documents)
http://www.shendetesia.gov.al/al/publikime/farmaceutika/njoftime
Date of delivery of this notification
22/02/2016
Standard Tender Documents
II.
INSTRUCTIONS FOR ECONOMIC OPERATORS
Section 1. Drafting of bid
1.1
Economic operators are obliged to prepare bids in accordance with the requirements
established in this TD. Bids that are not prepared in accordance with this TD shall be
rejected as non – compliant.
1.2
The Economic operator/supplier shall bear all costs associated with the preparation and
submission of his bids. The Contracting Authority is not responsible or liable for those
costs.
1.3
Regarding the procurement procedures in a written form, the original of the bid shall be
typed or written in indelible ink. All bid sheets shall be firmly bounded together and
paged. All bid sheets except for un-amended printed literature shall be initialed or signed
by the Authorized Person(s). Any amendment in the bid shall be legible and signed by
Authorized Persons.
1.4
In case of bids submitted by a group of economic operators (consortium), the bid shall be
accompanied by a power of attorney/written authorization for the Authorized Persons,
who will represent the consortium during the procurement procedure.
1.5
The bid shall include the following documents:
a) Bid Form completed in accordance with the model attached as Appendix 2 of TD.
b) Documents connected with the scope of procurement (drawings, catalogues, samples
etc)
___________ ,
___________ ,
___________ .
c) Documents and certificates referred to in Appendix 8.
ç) (Option) Technical alternative bid (if provided)
An Economic Operator shall submit only one bid.
1.6Process confidentiality according to article 25 of PPL.
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1.7
Regarding the procurement procedures in a written form, the economic operators shall
submit only the original bid sealed in one non - transparent envelope, stamped and signed with
the name and address of the Bidder and marked: “Bid for Supply of Goods _________________
Notice Ref. No. __________
“DO NOT OPEN, EXCEPT IN PRESENCE OF THE BID EVALUATION
COMMISSION, NOT BEFORE --------------(dd/mm/yy) at ------------ hrs”.
1.8
Regarding the procurement procedures in a written form, the bidders may modify or
withdraw their bids provided modification or withdrawal is done before the expiry of final time
limit for submission of bids. Both modifications and withdrawals shall be communicated to the
Contracting Authority in writing before the final deadline for submission of bids. The envelope
containing statement of Bidders shall be marked:
“MODIFICATION OF BID” or “WITHDRAWAL OF BID” accordingly.
Section 2 Price Calculation
2.1
Economic Operator must submit Bid Form attached to this TD, indicating the goods to be
supplied, their quantity and price.
2.2
All prices shall be quoted in Albanian Currency (ALL), including all applicable taxes, but
not VAT.
2.3
The Bidder shall indicate on the Form of Tender total tender prices of all goods without
VAT. VAT, if applicable, is added to the price given and represents the total value of the
bid.
2.4
In the case of a framework agreement where all the conditions are NOT specified, prices
for contracts based on the framework agreement are not fixed; they are subject to change
after a mini-competition between economic operators, party to the framework agreement.
2.5
Bid Security, when required, must be submitted with the bid before the deadline for
submission of bids. Disagreement with bid security requirements will result in rejection
of the offer.
2.6
The Bid Security may be submitted in one of the following manners:
a) Unconditional bank guarantee,
b) Insurance guarantee
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The Bid Security Form shall be signed by the issuer (Bank, Insurance Company, etc) and
submitted together with the bid, before the opening of bids; otherwise the bid shall be
rejected.
The above documents must be valid during the period of validity of the bid. In case the
bid security form of a bank guarantee, the Contracting Authority shall return the relevant
insurance within 15 days of signing the contract.
2.7
Bid validity period
Bids shall be valid from the moment of expiry of time limit for the submission of bids. As
long as the bid validity period has not expired, the Contracting Authority may request the
Bidder in writing to extend the validity period until a specified date. Bidder may reject
such a request without losing the right to reimbursement of the Bid Security. Bidders who
agree to extend the bid validity period and notify the Contracting Authority accordingly
in writing, shall extend the validity period of the bid and provide an extended bid
security. The bid shall not be modified. If the Bidder fails to respond to the request made
by the Contracting Authority as regards extension of the bid validity period, or does not
extend the validity period, or fails to provide an extended bid security, the Bidder shall be
deemed to have rejected the request of the Contracting Authority. In such a case, the
Contracting Authority will reject the bid.
2.8Illegal actions according to Article 26 of PPL
Section 3. Evaluation of Bids
3.1 Selection Criteria
(Option 1)The lowest price of the qualified bid.X
The contract will be awarded to the bidder who offered the lowest bid.
In the case of procurement procedures for the supply of fuel, gasoline, benzene and fuel for
heating, the lowest price based on:
i) the price of the stock, according to Reuters disbursed under the condition CIF-Albania, which
is published in the latest Bulletin of Public Notice, prior to the submission and opening of bids;
ii) fiscal elements, including excise duty, carbon tax;
iii) lower margin of profit, expressed as a percentage.
The absolute value of the profit margin will not change during the contract in case of price
fluctuations.
(Option 2)Theoffer with the lowest estimated value.
Standard Tender Documents
Regarding the evaluation criteria, the specific weight of each criterion should be specified,
namely, the number of points for each criterion and the way how points for consecutive bidders
shall be calculated.
All criteria established for the evaluation of bids shall be objective and be expressed in figures.
In each case, when there is more than one criterion, the weight of price criterion shall not be less
than 50 points. The maximum points to be acquired for a bid shall be 100.
The formula by which bidders’ points are calculated, in this case shall be:
Pk1+Pk2+Pk3+.....
Po=
Where:
Po- are total points of the evaluated bid
Pk1/Pk2/Pk3/... - are the points for each evaluated criterion
The points for each criterion are calculated according to the formula:
Pk1= Vmink1 x Pmaxk1/Ok1
Pk1 _____ Points of criterion to be evaluated
Vmin k1 Lowest value to the criterion to be evaluated
Pmaxk1
Maximum points given to the evaluated criterion
Ok1
Bid’s indicator for the evaluated criterion
Explanation: Only one of the options will be selected as evaluation criteria. Fulfilment of both
options makes the procedure null and void.
3.2 Correction of errors and Comissions
3.2.1 The Contracting Authority shall correct any error in a bid that is of a purely arithmetical
nature, if such an error is discovered during the examination of bids. The Contracting
Authority shall promptly provide the concerned Bidder with a written notification of any
such correction and may proceed to amend the error, provided the Bidder has approved
the communication. If the Bidder refuses to endorse the proposed correction, the bid shall
be rejected without forfeiting the bid security, if any.
3.2.2
Errors in price calculation shall be corrected by the Contracting Authority using the
following assumptions:
- where there is a discrepancy between amounts expressed in figures and in words, the
amount in words shall prevail, unless the amount expressed in words is related to an
arithmetic error;
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- if there is a discrepancy between the unit price and the total amount that is obtained
from the multiplication of the unit price and quantity, the unit price shall prevail and the
total value shall be corrected,
if there is an error in the total amount, corresponding to the addition or subtraction of
subtotals, the subtotal shall prevail and the total shall be accordingly corrected. Amounts
corrected in this way shall be binding on the bidder. If the bidder does not accept them,
its bid shall be rejected. The bids with arithmetic errors shall be refused when the
absolute amounts of all corrections are higher or lower than 2% of the value of offered
economic bid.
3.3 Abnormally low Offers
3.3.1 If the offer submitted, results abnormally low in relation to the goods offered, the
Contracting Authority requires the Tenderer to justify the price offered . If the Bidder
fails to provide an excuse to convince the Contracting Authority, the latter has the right to
reject the offer.
3.3.2 The offer is considered abnormally low as defined in Article 66 of Chapter VII of the
PPR.
In the case when they are available two or fewer bids in accordance with Article 56 of the
LPP, the bids evaluated as abnormally low when it is down more than 25 percent of the
fund calculated limit.
In the case when they are available three or more bids, in accordance with Article 56 of
the LPP, estimated abnormally low bids if its value will be less than 85 percent of the
average of the offers available.
If one or several offers regarded as abnormally low, bid evaluation committee should
seek clarification from the bidder, before taking a decision on whether or not on their
qualifications in accordance with Article 56 of the PPL.
In any case the bidder is obliged to argue and document with explanations written
evidence on the element / elements of the special offer, in accordance with the
requirements of Article 56 of the PPL.
The formulato beapplied, to consideranabnormally lowbid, in the case,whenthere are
three,or morevalid bidsis,as follows:
O - Offer
MO - Average valid Bids
n - Number of valid Bids
PA - Possible Rebate
MO = O1 + O2 + O3 + … On / n
PA = 85 % Mo
Standard Tender Documents
Evaluated tender value < .. PA ......... consequently offer is Abnormally Low
In case when the selected evaluation criterion is the most economically advantageous bid,
it will be verified whether the bids are abnormally low bids only if the bids classified with
the highest score for their economic bids have the lowest values of bids.
3.4 Administrative Appealavailable to the Economic Operators under section 63 of the PPL.
Section 4.
Contract Signature
4.1Notification of winners
4.1
The Contracting Authority shall inform the Bidder whose offer was selected as the best
one, by sending the contract award notification, as provided in Appendix 14. A copy of
this notification shall be published.
4.2 Security for contract performance
4.2.1 The Contracting Authority shall require a security for the contract performance. The
amount of the security for the contract performance shall be 10 %of the contract value.
The contract security form, as provided in Appendix 19 of the TD shall be signed and
submitted before signing the contract.
4.2.2 The security for the contract performance may be submitted in one or more of the
following forms:
i) unconditional bank guarantee
ii) insurance guarantee,
This form is not used by the contracting authorities in the case of procurement contracts
sector.
4.3 Notification of the contract signed
After the signing of contract
After signing of the contract, the contracting authority will publish the notice.
Note: Contracting authorities should not intervene to make any kind of change in the
tender documents from point 2 to point 4.
APPENDIXES
The following Appendixes are integral part of TD:
Appendix 1: Bid Form
Appendix 2: Bid form, in the case of procurement procedures for the supply of fuel,
Standard Tender Documents
gasoline, benzene and heating fuel
Appendix 3: Invitation to Tender in the case of the Framework Agreement
Appendix 4: Bid Security Form
Appendix 5: Confidential Information Form
Appendix 6: Statement on the fulfillment of technical specifications
Appendix 7: Statement on Conflict of Interest
Appendix 8: Evidence of Qualification/Participation Form
Appendix 9: Statement on the state court
Appendix 10: Technical Specifications
Appendix 11: Planning framework agreement contracts
Appendix 12: Quantity of goods, and delivery conditions
Appendix 13: Notification of Disqualification Form
Appendix 14: Award of Contract Notification Form
Appendix 15 Form of Notice of successful economic operators in the Framework Agreement
Appendix 16: General Conditions of the Contract
Appendix 17: Special Conditions of the Contract
Appendix 18: Notification of Contract Signature
Appendix 18.1: Notification of Contract Signature for publication in the Bulletin of Public
Notices
Appendix 19: Contract Security Form
Appendix 20: Complaint Form to the Contracting Authority
Appendix 21: Draft Framework Agreement where not all the terms are defined
Appendix 22: Draft Framework Agreement where all terms are defined
Standard Tender Documents
Appendix 1
[Appendix to be completed by the economic operator]
BID FORM
Bidder’s name_____________________
To: [Name and address of the contracting authority]
***
Procurement procedure: [type of procedure]
Short description of the contract: [object]
Publication (if applicable): [Date] [Number] /Reference Number
***
Referring to the above procedure, We, the undersigned, declare that:
1.
2.
The total price of our bid is [currency and amount of the offer]; VAT;
The total price of our bid is [currency and amount of the offer]; VAT
Nr Component
Unit Price
without
VAT
Quantity
Information System for
administration / support of policy
implementation based on costs by
1
diagnosis (DRG Diagnosis
Related Groups) for hospital
health care system
The total value excluding VAT
VAT
The total value including VAT
Total Price
without
VAT (ALL)
1
Signature of the bidder ______________
Seal
______________
Note: Prices must be expressed in Currency ____ (requested in the tender documents)
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Appendix 2
[Appendix to be completed by the economic operator in the case of procurement procedures for
the supply of fuel, gasoline, benzene and fuel for heating]
BID FORM
Bidder’s name _____________________
To: [Name and address of the contracting authority]
***
Procurement procedure: [type of procedure]
Short description of the contract: [object]
Publication (if applicable):Date] [Number] /Reference Number
***
Referring to the above procedure, We, the undersigned, declare that:
1. Our profit margin expressed as a percentage is as follows:
1
2
Nr
Description of goods
3
5
The profit margin expressed as a
percentage
Deadline for
Delivery
Signature of the bidder ______________
Seal
______________
Standard Tender Documents
Appendix 3
[Appendix to be completed by the contracting authority under Framework Agreement at the
reopening of the mini-competition]
INVITATION TO BID
(enter the name of the Contracting Authority)
invites to submit bids in the procedure for the supply of goods as following:
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
(provide an accurate description of the object of the contract and the amount as defined in the
Tender Documentation (TD).
Place of delivery of goods
(provide a short description)
Goods must be submitted by the date ____________
Bid must be submitted
………………………………………………………………………………………………………
[Provide the exact address]
before
……………………………………………………………………………………………………
[Set date and time]
The criteria for determining the winning bid ________________________________________
Forms of communication:
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Appendix 4.
[Letterhead Bank / Insurance Company]
[Appendix to be submitted by the economic operator when required by the contracting authority]
BID SECURITY FORM
[Date]
To: [Name and address of the contracting authority]
On behalf of: [name and address of the guaranteed bidder]
***
Procurement procedure [type of procedure]
Short description of the contract: [object]
Publication (if applicable): Date] [Number] /Reference Number
***
With reference to the above-mentioned procedure,
We certify that [Name of the guaranteed bidder] has made a deposit near the [name and address
of the bank / insurance company] at the amount of [currency and amount both in letters and
numbers] as a condition to secure the bid submitted by the above-mentioned economic operator.
We undertake to transfer at the account of [name of the contracting authority] the secured
amount, within 15 (fifteen) days from your simple first written request, without asking
explanations, on condition that the request mentions the non-fulfillment of one of the following
conditions:
-The bidder has withdrawn or altered the bid, after the deadline for bids’ submission, or
prior to the deadline, if so specified in the bid documents;
- The bidder has refused to sign the procurement contract when required by the contracting
authority;
- The bidder has not submitted the contract security, after being awarded, or has failed in
meeting any other condition before signing the contract, as defined in the bid documents.
This Security is valid for the period of time indicated in the [contract notification or invitation to
bid].
[Bank/insurance company representative]
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Appendix 5
CONFIDENTIAL INFORMATION
[Appendix to be completed by the economic operator, if applicable]
(Note down the information you wish to remain confidential)
The type, nature of
the information
that should remain
confidential
Number of pages
and items of TD that
you want to remain
confidential
The reasons why
this information
should remain
confidential
The deadline for this
information to
remain confidential
Standard Tender Documents
Appendix 6
[Appendix to be completed by the Economic Operator]
STATEMENT ON COMPLY WITH TECHNICAL SPECIFICATION
Statement of the economic operator participating in the public procurement procedure, which
will take place on _________________ by Contracting Authority ________________ with
objective ____________ with a limit fund __________.
I, the undersigned _______________, in the quality of legal person ________
_______________________declare that:
Fulfill all the technical specifications laid down in the tender documents as proved by certificates
and documents (if required by the contracting authority), submitted with this statement.
Date of submission of the declaration ________________
Representative bidder
Signature
Seal
Standard Tender Documents
Appendix 7
[Appendix to be completed by the economic operator/supplier]
STATEMENT
On conflict of interest
Of the economic operator participating in the public procurement procedure organized on
_________________ by the Contracting Authority________________ with subject
____________ with a limit fund of __________
Conflict of interest is the state of conflict between the public duty and private interests of an
official, where he has private interests, direct or indirect ones which affect, are likely to affect or
appear to affect the unfair carrying out of his public duties and responsibilities.
In application of Article 21, point 1, of Law No. 9367, dated 7.4.2005, the categories of officials
stipulated in Chapter III, Section II, that are absolutely forbidden to directly or indirectly benefit
from the concluding of contracts , one party of which is a public institution are:
President of Republic, Prime Minister, Deputy Prime Minister, Ministers or Deputy
Ministers, Members of Parliament, Justices of Constitutional Court, Justices of High
Court, Chair of High State Audit, Prosecutor General, Ombudsman, Members of the
Central Election Commission, Members of High Council of Justice or Inspector General
of the High Inspectorate of Disclosure and Audit of Assets, Members of Regulatory
Entities, (Supervision Council of Bank of Albania, including the Governor and Deputy
Governor; of competition, telecommunication; electricity; water supply; insurance,
bonds, media), Secretaries General of central institutions as well as every other public
official in each public institution whose position is equivalent to that of General
Directors.
If the official holds the position of the mayor or deputy mayor, chair or deputy chair of the
commune or county council, member of the respective council or is an official of a high leading
position of a local government unit, the prohibition because of the private interests of the official,
stipulated in this point, is applied only to the concluding of contracts, as the case might be, with
the municipality, commune or the county council where the official exercises these functions.
This prohibition is also applied when one of the contract parties is a public institution,
subordinate to this unit (Article 21 point 2 of law No.9367, dated 7.4.2005
The prohibitions stipulated in Article 21, points 1, 2 of Law No. 9367, dated 7.4.2005, with the
relevant exceptions, are applied to the same extent to the persons related to the official which to
the meaning of this law are: the spouse, major children or the parents of the official and
those of his/her spouse.
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I, the undersigned _____________________, in the capacity of the representative of the legal
person _______________declare under my personal responsibility that:
I am aware of the requirements and prohibitions provided for in Law No. 9367, dated 7.4.2005
“On the prevention of conflict of interest in the course of exercise of public functions” as
amended, as well as in the by-laws issued in its application by the High Inspectorate of
Disclosure and Audit of Assets and in the Law No. 9643, dated 20.11.2006 “On Public
Procurement”, as amended.
In accordance with the above mentioned legislation, I declare that none of the officials set out in
Chapter III, Section II of law No. 9367, dated 7.4.2005, and in this statement, does not possess
private interests, directly or indirectly with the legal person I represent herein.
Date of statement submission ________________
Name, Surname, Signature
___________________________
Seal
Standard Tender Documents
Appendix 8
[Appendix to be completed by the Contracting Authority]
1. GENERAL ADMISSIBILITY/QUALIFICATION CRITERIA
1.The Candidate/Bidder shall submit:
A document proving that (your subject):
a) is not under a process of bankruptcy (active status)
b) is not convicted of any criminal offences, in accordance with Article 45/1 of the PPL,
c) is not convicted by virtue of final court decision regarding the professional activity.
The foregoing requirements shall be completed upon the delivery of the Commercial Register
Excerpt on Subject’s Data, Extract on Subject Background, issued by the National Registration
Center and self-declaration of the subject according to Appendix 9 “Statement of Judicial
Records”, attached hereto.
2. A Document certifying that (your company):
a) has met its fiscal obligations;
b) has paid all social insurance obligations;issued by the Tax Administration.
The general Admissibility Criteria shall not be changed by Contracting Authorities. These
criteria (items 1, 2) shall be attested through documents issued not before than three months from
the bid opening day.
3. The economic operator shall be registered in proper state professional or trade registers in
which they have been constituted, by certifying their legal personality. For this purpose,
the candidates shall deliver an extract copy about the history of the company, issued by
the National Registration Center.
A foreign Candidate/Bidder shall certify that he complies with all requirements listed above. If
the above mentioned documents are not issued in their country of origin, a written statement
shall be sufficient. If the language used in the procedure is Albanian, documents written in
foreign language shall be provided with a notarized translation in Albanian.
In case of a group/consortium of economic operators, each member of the group shall submit the
above-mentioned documents.
In addition, if the bid is submitted by a group/consortium of economic operators, the following
documents shall be submitted:
Standard Tender Documents
a.
b.
The notarized agreement according to which the group/consortium of economic operators
has been officially established;
Special power of attorney.
2. SPECIAL QUALIFICATION CRITERIA
1. The candidate / bider must submit:
a. Bid security, according to Appendix 4;
b. Technical Specifications, according to Appendix 6;
c. Statement on the Conflict of Interests according to Appendix 7;
ç.Bid Description duly completed and signed, according to Appendix 1
d. Certificate confirming the settlement of all obligations maturing electricity power contract for the
economic operator which is registered in Albania.
2. To prove that the economic operators have been qualified, the bidder shall submit:
2.1 Legal capacity of economic operators:
______________________________________________________________________________
______________________________________________________________________________
2.2Economic and financial capacity:
______________________________________________________________________________
______________________________________________________________________________
Regarding the economic and financial situation, candidates must meet minimum requirements.
2.2.1.The economic operator should have realized an average annual turnover in the past three
years(2013, 2014, 2015), with a value at least as the limit fund of the procurement. For this must
submit:
- confirmation from the Department of tax for turnover during the past three years (2013, 2014,
2015).
2.3 Technical capacity:
As regards technical and professional economic operator must meet the following minimum
requirements:
Standard Tender Documents
2.3.1The economic operator must demonstrate that it has successfully implemented in the past
three years (2013, 2014, 2015) similar contracts with the object of the tender, with a minimum
value of 40% of the fund limit.
a) As proof of previous experience is required the signed contract with a public entity
accompaigned by certificate issued by a public entity or sales tax receipts, recording
dates, amounts and quantities of goods and services supplied.
b) In the case of previous experience with the private subjects, as a proof are only accepted
the signed contract with private subject and sales tax receipts containing the dates,
amounts and quantities of goods and services supplied.
2.3.2.The economic operator must prove with facts the knowledge, skills and expertise
required for the implementation of this project and maintenance:
a) The economic operator must have implemented management systems according to the ISO
9001 standards for the quality management and ISO 27991 for the management of
information security. To prove this, the economic operator must present certificates released
by the certifying bodies which must be on the same field of the products or services that are
being procured.
b) The foreign economic operator must declare his representative in Albania, or his cooperation
with an Albanian partner to ensure the performance of the project.
c) The foreign Bidder must declare his local support during implementation, installation and
training;
2.3.3 The economic operator must appoint a working team which:

Must demonstrate expertise in the field of installing the procured system. Must demonstrate
experience in impelementing and building similar systems. For this, the economic operator
must have partner relationship of at least Gold Partner level, whith the manufacturer of the
technology used to deliver the service.
As a proof of that fact Economic Operator must present a certificate issued by Technology
Manufacturer which states the dual partnership.
2.3.4 The economic operator must prove that it has the necessary technical staff for the
procurment realization of this contract.

The Economic Operator must submit a certificate which states the number employees.
Standard Tender Documents
The number of employees must not be less than 12 (twelve) employees for the period
from July 2015 to February 2016.

The Economic Operator must have at least 7 (seven) employees of technical profile,
combined. They must be certified on the technologies used in offered solutions proposed
on Technical Offer, for the realization according to international standards of the object
of this procurement contract. It must be included:
- At least 1 (one) project manager certified PMP or similar
- At least 2 (two) software developers certified on the technology JAVA or similar
- At least 2 (two) employees certified on the database system ORACLE or similar
- At least 2 (two) employees certified on programming in Web, CSS3 dhe Javascript or
similar
- At least 1 (one) employee certified on Administration of opertive systems Sever Linux
or similar
For what stated above the Economic Operator must submit payrolls for the
aforementioned staff, for the period from July 2015 to February 2016. Also CVs and
relevant certifications for the offered solutions technology of the staff included in this
project must be presented.
All documents must be originals or notarized copies of them. Cases of non submission of a
document, of countrified or incorrect documents are considered disqualification criteria.
Standard Tender Documents
Appendix 9
[Appendix to be completed by the Economic Operator]
STATEMENT OF JUDICIAL RECORDS
Statement of the economic operator participating in the procurement procedure to be carried
out on ___________by the Contracting Authority _________regarding___________
with a limit fund of _____________.
I, the undersigned______________, in the quality of ______________________of the
Economic Operator____________________hereby declare that:


The Economic Operator_____________is not convicted of any criminal offences.
The Economic Operator____________is not convicted by virtue of a final court
decision regarding the professional activity,
Date of statement delivery ____________
Bidder’s Representative
Signature
Seal
Standard Tender Documents
Appendix 10
[Appendix to be completed by the Contracting Authority]
TECHNICAL SPECIFICATIONS
Drawings, technical parameters etc;
Specification of materials:
Acronyms:
CHIF
Compulsory Healthcare Insurance Fund
EHR
Electronic Health Record
HL7
Health Level 7
HL7 CDA
HL7 Clinical Document Architecture
IHE
Integrating the Healthcare Enterprise
MoH
Ministry of Health
RDBMS
Relational Database Management System
SOA
Service Oriented Architecture
Technology:

Hardware Components
o The system will be built on the existing infrastructure of Compulsory Health Care
Insurance Fund and 4 pilot hospitals of the IHIS project: 1. University Hospital "Shefqet
Ndroqi", 2. Neurology Hospital (UHC), 3. Pediatric Hospital (UHC) and 4. Durres
Regional Hospital.
Standard Tender Documents

Software Components
System database DRG includes two main modules:
(1) The module for transfer of the patient data (patient administration, clinical, etc.) to
Information System from health service providers;
(2) The integration module of the patient cases grouped / costed into the Compulsory
Healthcare Insurance Fund (CHIF) accounting system.
Standard Tender Documents
The economic operator shall provide a technical solution which includes:
Request R101: The economic operator must provide a solution which completely rely on WEB
architecture with three layers and must be independent from the operating system platform.
Request R102: The economic operator must provide a solution which relies on the same shared
software infrastructure as the middleware (Intranet Services Web Based Access - Application
Server) and also in the central database (Relational Database Management System). The
information system will be based on existing technology in operation at Compulsory Healthcare
Insurance Fund. For these reasons, from the economic operator is not required licenses for
operating systems and RDBMS.
Request R103: The economic operator must provide a solution which will be supported and be
open to web services technology (Web Services) allowing orchestration of Web Services.
Request R104: The economic operator must provide a solution to support SOA architecture
(Service Oriented Architecture) that supports web standard services (Web Services).
Request R105: The economic operator must ensure that the information system must provide an
interface in Albanian language.
Request R106: The economic operator must ensure that the information system will support the
communication HTTPS.
Request R107: The economic operator must ensure that the Information System will support the
automatic backup schedule in both types: storage and tape.
Request R108: The economic operator must possess compliance with international standards
(joint commission international).
Request R109: The economic operator must have products certified with the Documentum HIP
environment (Healthcare Integration Portfolio) on the catalog EMC2 solution for the EMEA
market, because that the final solution could be based on EMC2 platform..
The working group of the economic operator should have the following skills to ensure a
better data quality and to allow implementation of HL7 standard improvement:
Request R110: the project manager should have skills in the field of the architectures of the
systems HIS and on the standards of integration; in particular, he should preferably
 have been responsible for the technical working groups of national affiliates of HL7 (e.g.
HL7 CDA)

have skills on EHR and documents of the European net for the promotion of the EHR
(PROREC)

have skills on standard CEN HISA (Healthcare Information Systems Architecture, EN13606
ex ENV 12967)
Standard Tender Documents
Standard Tender Documents
The Information System of DRG administration
Request R201: The economic operator must provide a turnkey solution (full turnkey) for all
products and services necessary for system installation, parameterizing of applications offered
after the specific needs of the Ministry of Health (MOH) and Compulsory Healthcare Insurance
Fund for each application program requested.
Request R202: The information system will provide the possibility to be used by 20 users and
more than one user should be able to carry out changes to the database simultaneously.
Request R203: The IT system must be expansible and independent from the various platforms
of Windows operating systems as well as UNIX (Platform Independent).
Request R204: The system offered must be independent from the protocols (Protocol
Independent).
Request R205: The system offered must work at minimum of protocol TCP / IP.
Request R206: The IT system must be friendly to use, based mainly on the WIZARD approach.
Request R207: The IT system must be capable to attach files and links to records in the
database.
Request R208: The IT system will be enable to research for the needs of users, through a search
in all fields displayed on the screen or by similar techniques.
Request R209: The IT system must generate reports according to user needs.
Request R210: The user interface (HMI) of the information system will be in Albanian
language.
Request R211: The IT system will offer the possibility of storing data in a central DATABASE
and Software Application Modules, object of this procurement procedure, which will be able to
exchange data with each other and to update each other by the recently data entry.
Request R212: The IT system should offer the possibility of storing data in a central database
and the applicative modules of this system should be able to exchange data with each other and
to update each other based on the latest data inserted.
Request R213: The system must support the information standards for applications: JSF, MVC
(Model-View-Control) or equivalent with them.
Request R214: The system must support the information standards: JSR 168, JSR 286, WSRP
1.0 and 2.0, JSR 301.
Standard Tender Documents
Request R215: The IT system must support the technologies: Web 2.0, JavaScript, XML (Ajax)
or equivalent with them.
Request R216: The IT system must support and possess interaction features with portlets or
information systems built on technologies: NET, JAVA or equivalent with them, using
transparent technology like web services (Web Services).
Request R217: The IT system will be relied on a single framework for the development of
dynamic web pages.
Request R218: The IT system will provide its users the possibility to customize in maximum the
behavior and appearance (layout) of the information system.
Request R219: The IT system must provide the possibility for updating on-line the procedures
for the grouper codes.
Request R220: The IT system will be relied on a solution with SOA architecture using standard
web services (web services).
Request R221: The IT system must have security system for the management of system
modules.
Request R222: The IT system must have security system that will provide access to secure
admission / codification of the diagnosis cases.
Request R223: The IT system must be able to integrate information with third parties through a
transparent web service technology, eliminating the limitation of technological heterogeneity for
the applications.
Request R224: Introduction to information management system to DRG-s.
The first process for accessing in the system is that of access to the system. The access into the
system for administration of DRG-s will be based on a minimum mechanism of username and
password respectively.
The information system must support authentication mechanisms and high level security.
Depending on the user profile and its functional role in the system, so for instant that fact that
he/she is accountant or doctor, will determine even menus and windows of work in which the
user is authorized to access and work with them.
Different user profiles will have various access to the DRG administration system like
registration, consultation or modification of the system.
Standard Tender Documents
The relational database management system (RDBMS)
Request R301: The relational database management system will bear independent platform.
Request R302:The relational database management system will be installed on 64-bit platform.
Request R303:The relational database management system must support the possibility of
working in configuration "cluster" - Active / Active.
Request R304: The system management relational database must support integration with other
systems in the cluster configuration.
Request R305:The relational database management system will need to provide high availability
(High Availability).
Request R306:The relational database management system must have within the integrated
functions for Back-Up and Disaster Recovery
Request R307: The relational database management system will have to be equipped with a
security system.
Request R308: The relational database management system will have to provide security at user
level and authentication proxy.
Request R309: The relational database management system will have to be equipped with
integrated monitoring functions.
Request R310: The relational database management system will need to provide functions to
keep traces for the transactions that processes.
Request R311: The relational database management system will have to be equipped with a
management console.
Request R312: The relational database management system will support cloning functions,
application of patch-mails and will provide maintenance functionality.
Request R313: The relational database management system will have to be based on an
information oriented architecture and not oriented by processes or technology.
Request R314: The relational database management system will have to support and work in
Grid.
Request R315: The relational database management system will need to provide a "single point
of truthfulness " for data management of the institution.
Standard Tender Documents
Request R316: The relational database management system will have to work in an integrated
architecture.
Request R317:The relational database management system will have to be based and built on
open standards of the Information Technology industry and not only (open standards).
Request R318: The relational database management system should be based in modern
technology with low cost.
Request R319: The relational database management system will be needed to be integrated with
other data bases.
Request R320: The relational database management system will need to be integrated auditing
of data which manages and refines.
Request R321: The relational database management system will needs to be integrated with
diagnostic functions.
Request R322: The relational database management system will have to support the automatic
data management, independently from the operating system platform.
Request R323: The relational database management system will have to support the drives of
raw type.
Request R324: The relational database management system will have to support of capacity
provision on demand.
Request R325: The relational database management system will have to support distribution of
the workload automatically.
Request R326: The relational database management system will have to support the load
distribution of I / O actions automatically.
Request R327: The relational database management system will have to support indexing of
data.
Request R328: The relational database management system will have to support provision of
data which manages and processes.
Request R329: The relational database management system will have to support writing data on
different disks to balance the load.
Request R330: The relational database management system will have to support functions for
transporting of the database from one platform to another.
Standard Tender Documents
Standard Tender Documents
The System type Application Server (Application Server software)
Application Server Software
Request R401: The Application Server must be independent from the platform (Platform
Independent).
Request R402: The Application Server must be installed on 64-bit platform.
Request R403: The Application Server must support work in configuration "cluster" - Active /
Active.
Request R404: The Application Server must be integrated with other systems in the cluster
configuration.
Request R405: The Application Server must be able to provide for high availability functions
(High Availability).
Request R406: The Application Server must be equipped with backup functions.
Request R407: The Application Server must be equipped with security system.
Request R408: The Application Server must be integrated with monitoring functions.
Request R409: The Application Server must be integrated the tracing functions events.
Request R410: The Application Server must be in accordance with standards SOA
Request R411: The Application Server must be compatible with the standards: J2EE 1.3, Web
Services, XML, LDAPV3, SSLv3.
Request R412: The Application Server must be a complete suite on which can be installed web
applications.
Request R413: The Application Server must be J2EE type or equivalent.
Request R414: The Application Server must be integrable with servers portal-type.
Request R415: The Application Server must provide secure installations for the web
applications.
Request R416: The Application Server must provide a high performance.
Request R417: The Application Server must be:
 Reliable
 Scalable
Standard Tender Documents

Disposable
Request R418: The Application Server must have its own management console of the web
application type.
Request R419: The Application Server must have its own security system, but it can support and
security at database level.
Request R420: The Application Server must be an effective solution with low cost but high
quality.
Request R421: The Application Server must be integrable with platforms database like
Informix, Sybase, MSFT, DB/2, Oracle, etc.
Standard Tender Documents
Auditing System data (Audit software)
Request R501: The Audit System must help in the protection of confidential data and audits,
which are subject to regulatory requirements such as SOX, HIPAA, etc.
Request R502: The Audit System must have audit capacity for a single source and secure audit
data.
Request R503: The Audit System must automate the collection of audit data into a secure
repository and centralized.
Request R504: The Audit System must automatically clear the source systems from the audit
data of database.
Request R505: The Audit System must consolidate and provide the audit data of database.
Request R506: The Audit System must store data in a warehouse database (data warehouse)
modeled specifically, centralized and secure, which is optimized for analysis and reporting on
data auditing, for any period of time (without limit in number of years or the size of audit
information).
Request R507: The Audit System must make policy management and audit enforcement to meet
regulatory standards (such as SOX, HIPAA, etc.).
Request R508: The Audit System must manage centrally audit policies for all databases that are
part of the audit.
Request R509: The Audit System must capture values before / after the log-offs of transactions.
Request R510: The Audit System must monitor access at the audit data from all users, including
privileged users and make immediate notification to every threat, involving and privileged users.
Request R511: The Audit System must prevent deletion and modification of data auditing
privileged users.
Request R512: The Audit System must notify for any suspicious activity.
Request R513: The Audit System must notify potential problems as they occur.
Request R514: The Audit System must inform in real-time the auditors to any activity
prohibited or unusual.
Request R515: The Audit System must provide readily and parameterized reports in accordance
with standards (such as SOX, HIPAA, etc.) and monitoring purpose.
Standard Tender Documents
Request R516: The Audit System must use any analyzing tools to third parties that provide
additional reports.
Request R517: The Audit System must simplify the analysis and reporting to meet the standards
(as SOX, HIPAA, etc.).
Request R518: The Audit System must facilitate the work systems from workload of reports and
and audit analysis, and maintain the integrity of audit data.
Request R519: The Audit System must ensure integrity audit data via preventing any
unauthorized access and alteration.
Request R520: The Audit System must detect problems pro-actively without having need to
scan through reports and audit log-offs.
Request R521: The Audit System must be integrable at least with the main systems of database:
Oracle, MS SQL, etc.
Standard Tender Documents
Software interoperability:
Communication with third parties - Software interoperability:

With the system EHR (Electronic Health Record - 'Tian-Spirit') MOH, for
interaction and exchange of information for electronic health records of patients.
Interaction with EHR will be implemented by technologies / protocols listed
below:
◦ Web Service
◦ HL7 v.2.x (messages HL7 v.3, where applicable)
◦ HL7 CDA
◦ with a predilection for the IHE profiles (where applicable)
The Technical details of interaction with EHR (Electronic Health Record - "Tian-Spirit") will be
made available to the winning economic operator. In particular, with a standardization of the
"Dischage Summary Information" in HL7 CDA (in agreement and share with the MOH).


The financial management systems to hospitals (if any)
With financial management system of Compulsory Healthcare Insurance Fund.
Standard Tender Documents
Information flow:
The Information Systems (Software) for paymentsin the hospital, based on DRG has two main
components and both of them are set to service providers (pilot hospitals) and as well to the
buyer (Compulsory Insurance Fund Health):


Administrate of outpatient data like: collects and codifies, processes, transfers the data
received from the clinical records clinical discharge summary (provided that the process is
conducted in the form of manual but as well to be conducted electronic transfer of data from
the EHR-Tiani Spirit - interopabilitet)
Financial management component of the data of the patient based on the diagnosis and
procedures module grouper.
Both the above components are connected between them.
Standard Tender Documents
The administrator DRG of outpatient data includes two main modules:
(1) The module of data transfer of outpatient data (anagrafike, clinical) to Information
System from health service providers;
(2) The integration module of case-grouped / costed to accounting system of hospitals and of
Compulsory Healthcare Insurance Fund.
Each of modules must be installed in the four healthcare service providers (pilot hospitals) and at
the level of buyers (Compulsory Healthcare Insurance Fund - CHIF).
At the service provider level, the system is used for data entry on the disposal of hospital cases
and estimate the volume of activity and to generate the anticipated payment. At the level of the
buyer, the system takes data from all hospital cases and computes costs / payments by hospitals.
(1) The module of data transfer of outpatient data(anagrafike, clinical) to Information
System from health service providers;
The module of data entry supports at hospital level records for all outpatients. The module of
data entry is based on an "Dischage Summary Information" of the hospital. It is standardized
nationally and approved by the health service buyer.
This module aims to collect, codify, process, transfer the data obtained from the clinical record
of the patient and the clinical epicrisis (provided that the process will be conducted in the manual
way to Information System).
The developer of the software should consider the link to outpatient data (Dischage Summary
Information) in the existing database before they develop a data-entry independent of the
database in question.
The module of data entry must be in accordance with the relevant standards of national health
information (which may include ICD-9 and / or ICD-10 diagnosis classification, the national
coding surgical procedures, etc.). The module also will allow verification of information such as
the eligibility status of patients (e.g. insurance registration), and as well it will maintain stability
and integrity of the data of outpatients.
Form the "Dischage Summary Information" with outpatient data of the hospitals which in the
cases of hospital are those data at the time of the patient leave it. In many cases forms "Dischage
Summary Information" are the data for statistical purposes and can be adapted to the needs of the
payment system. The developer of the system for administration of outpatient data must be
ensured that the flow of information and activities in the system are optimal and there is no
fragmentation of systems and dublication of work for the healthcare service providers.
Standard Tender Documents
Some of the basic principles for the module of data entry should be followed in designing of the
hospital’s interface of data entry.
The registration systems for hospital data should be consistent with the standards of national
health information and other procedures as may be required by law. At the design stage it should
be noted that for the data which are at the existing databases of hospital / regional / national,
these data can be generated from the existing respective database, not necessary to re-entry in the
system.
The module of data entry should be developed to include verification functions in order to
minimize errors during data entry.
It should be noted that the finalization of the data module issuees should be a collaborative
process between the software developers as well as buyers and providers of health services.
(2) The integration module of case-grouped / costed to accounting system of hospitals
and of Compulsory Healthcare Insurance Fund.
Data transfer module supports the exchange of data between service providers of medical
services (hospitals pilots) and health services buyer (Compulsory Insurance Fund Health). After
this stage the integration module will make gruping and identifying the costs per case based on
historical data.
The data for the operation of this module will be drawn from the historical records of the
institutions involved in the implementation of software.
Also a special contribution indefining of the parameter costs of the system will be given by
researchers of the IHIS project.
Standard Tender Documents
Financial Database:
A module of the financial data should be created to compile the results of the accounting analysis
of the cost of the hospitals, which will be developed in the payment system based on outpatientcases, but also to update (to include) the recent information of the calculated costs of all hospitals
in the payment system.
The information in the database allows financial buyer to analyze changes in the cost structure of
hospitals, but also it will beused to update the calculation of the base rate and any adjustment
factors for the DRG model.
Standard Tender Documents
Appendix 11
[Appendix to be completed by the Contracting Authority in the Framework Agreement]
PLANNING OF
CONTRACTS UNDER FRAMEWORK AGREEMENT
Service:
Goods:
Work:
The total number of contracts under the Framework Agreement
ContractNr. Title of Contract
01
02
03
…
Short description of the contract
Standard Tender Documents
Appendix 12
(Annex to be completed by the Contracting Authority)
(This Annex in the case of the Framework Agreement will be completed by the contracting
authority only at the reopening of the mini-competition)
QUANTITY AND SCHEDULE DISBURSEMENT
The amount of goods required:
Deadlines for delivery:
Nr.
1
2
3
Naming phase / Timeline
M1
System
analysis,
x
Preparation of the Use Case
System development phase
x
of Software
Integration
phase
and
system testing of Software
4
Training of users
5
Deliveryof Software
M2
M3
x
x
x
x
M4
M5 M6
x
x
x
x
Duration:
-The Performance of the contract is from the date of signing of the contract up to
31.10.2016 from the date of conclusion of the contract.
Standard Tender Documents
Appendix 13
[Appendix to be completed by the Contracting Authority]
STANDARD NOTIFICATION TO THE DISQUALIFIED BIDDER1
[Place and date]
[Name and address of the contracting authority]
[Address of bidder
Dear Sir/Madame <Contact name>
Thank you for participating in the above-mentioned public procurement procedure. The
procedure was conducted in accordance with GUIDELINES for PROJECT
IMPLEMENTATION (GPI) for Projects funded by Italian-Albanian Debt for Development
Swap Agreement – IADSA and with the Law “On Public Procurement”, no. 9643, dated
20.11.2006, henceforth “the PP Law”.
Your bid was carefully evaluated against the conditions and requirements established in the
procurement notification and in the bid dossier. I regret to inform you that you were
[disqualified] [eliminated because the bid submitted by you was rejected due to the following
reason(s):
_________________________________________________________________________
_________________________________________________________________________
If you believe that the Contracting Authority, during the public procurement procedure, has
breached the GUIDELINES for PROJECT IMPLEMENTATION (GPI) for Projects funded by
Italian-Albanian Debt for Development Swap Agreement - IADSAand PPL or its implementing
regulations, you have the right to initiate the review procedure, as regulated in Chapter VII of the
PP Law.
Although we have not been able to make use of your services on this occasion, I believe you will
continue to take an active interest in our procurement initiatives.
Yours sincerely
< Name >
1
This notice should be used in case of procurement procedures to be developed in a written form
Standard Tender Documents
Appendix 14
[Appendix to be completed by the Contracting Authority]
AWARD NOTIFICATION FORM
_____________
[Date]
To: [Name and address of the awarded bidder]
***
Procurement procedure
Short description of the contract: [Quantities or purpose and duration of contract]
Previous publications (if applicable):
We inform that the following bidders have participated in this procedure with these respective
offered values:
1._________________________________
_____________________________
Company’s full name
INTP number
Value ____________________________________
((expressed in figures and words)
2._________________________________
_____________________________
Company’s full name
INTP number
Value ____________________________________
(expressed in figures and words)
Etc.___________________________________________________
The following bidders have been disqualified:
1._________________________________
Company’s full name
_____________________________
INTP number
Standard Tender Documents
2._________________________________
Company’s full name
_____________________________
INTP number
respectively for the following reasons:
____________________________________________________________________________________
____________________________________________________________________________________
______________________________________________________________________________
***
Referring to the above-mentioned procedure, we inform [name and address of awarded bidder]
that the submitted bid, of a total value of _____________ [respective amount expressed in words
and figures] has been identified as the successful bid.
Consequently, you are kindly asked to submit to [name and address of the contracting authority
and the contact reference] the signed copy of the contract and the contract security, as provided
with the bid documents, within 30 (thirty) days from the notification receipt
If you don’t comply with this request, or you withdraw from contract signing, your bid security
shall be forfeited and your contract shall be granted to the next bidder in the final classification,
whose bid has been submitted with a total value of [respective value expressed in words and
figures], as provided for by article 58 of the Law for Public Procurements no. 9643 dated
20.11.2006
Classification notification is made on _____________________________
Complaints: yes or no______________
(if yes) has taken a reply on ___________________________
***
[Head of the Contracting Authority]
Standard Tender Documents
Standard Tender Documents
Appendix 15
[Annex to be completed by the Contracting Authority in the case of the framework agreement ]
NOTIFICATION FORM SUCCESSFUL ECONOMIC OPERATORS IN THE
FRAMEWORK AGREEMENT
[ Date ]
to :
1 [ Name and address of the successful economic operators ]
2 _________________________________________
3 ._________________________________________
*
Procurement procedure :
Short description of the contract : [ amount , scope , length of contract , etc. ]
Previous publications ( if applicable ) [ Date ] [ Number ]
Notify that have participated in these proceedings economic operators with the respective
tenders:
1 ._________________________________ _____________________________
Full name of company number NIPT
value ____________________________________
( in figures and words )
2 ._________________________________ _____________________________
Full name of company number NIPT
value ____________________________________
( in figures and words )
.___________________________________________________ etc.
Economic operators have been disqualified following :
1 ._________________________________ _____________________________
Full name of company number NIPT
2 ._________________________________ _____________________________
Full name of society NIPT _________________numri Respectively for the following reasons :
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
*
Referring to the above procedure , inform the economic operators have been identified as
successful :
1 ._________________________________ _____________________________
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Full name of company number NIPT
value ____________________________________
( in figures and words )
2 ._________________________________ _____________________________
Full name of company number NIPT
value ____________________________________
( in figures and words )
.___________________________________________________ etc.
Notice of Classification is made on ¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬
_____________________________
Complaints: or jo______________
( if any) has been answered on ___________________________
[Head of Contracting Authority ]
Standard Tender Documents
Appendix 16
GENERAL CONDITIONS
Goods- International Open Bid
Article 1: Purpose
1.1
The General Conditions of the Contract (GCC) shall apply to the supply of goods,
procured with open procedure.
1.2
The Law of the Republic of Albania provides that the provisions of the Civil Albanian
Code shall apply to the contracts of public procurement. Some provisions of this Code
are expressed in the GCC as well, in order to increase the level of transparency in the
contractual conditions. However, quoting some provision in this part, does not deny in
any way the application of the other provisions of the Civil Code for this contract.
1.3
Similarly, some provisions of the Law of the Republic of Albania are expressed again in
the GCC, in order to increase transparency in the law which regulates public
procurement. However, the quoting of some provisions in this part, does not deny the
application of other provisions of the Law on Public Procurement, regarding the parties’
rights, duties and obligations.
1.4
The GCC shall apply to the extent they do not leave behind the conditions or provisions,
foreseen in other parts of the contract.
1.5
The contractual conditions comprise also the Specific Conditions of the Contract (SCC).
Where there is a conflict between the GCC and the SCC, the SCC shall prevail over the
GCC.
Article 2: Definitions
2.1
“Contract” means the written agreement between the Contracting authority and the
Contractor, which comprises the Bid Documents, including GCC and SCC, all
attachments and completed forms, which are referred in each document.
2.2
“Contract Price” means the price to be paid to the Contractor, in accordance with the
contract for the complete and precise implementation of his contractual obligations.
2.3
“Incoterms” means the international trade terms, as rules for the interpretation of trade
terms determining the distribution of functions, costs, and risks related to the transfer of
Goods from the Contractor to the Contracting Authority.
2.4
“Delivery” means all activities and actions for the receipt of Goods at the place of
delivery, as specified in the contract, such as packaging, transport, security, tariffs,
customs procedure, loading and unloading services, installation, collection, inspection of
actions and the monitoring of the overall activity.
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2.5
“Contracting Authority” means the Contracting Authority which is a party to this
Contract, and which contracts the Goods of this contract. This term shall have the same
meaning with the one defined in the law.
2.6
“Contractor” means the natural or legal person, which is party in this contract and, in
accordance with the provisions of this contract, is the one who supplies the Goods.
2.7
“Party (-ies)” mean the signatories of the contract.
2.8
“Goods” means all unprocessed materials, products, machineries and equipment, solid,
liquid or gas objects.
2.9
“Related services” means all secondary services or unpredicted services for the supply
of Goods, such as transport, installation, maintenance, training, supporting services or
similar obligations related to the supply of Goods.
2.10 “Scope of Contract” means all the Goods and the Related Services that the contractor
shall provide, complying with the conditions of the contract.
2.11 “Technical Standards” means the approved specification by a specialized body of
standardization for ongoing or repeated application. These standards are used as rules,
regulations or definitions of the characteristics, in order to insure that the materials and
related services meet the objective.
Article 3: Drafting of Contract
3.1
The notification of the awarded bid shall serve for the preparation of the contract
between the parties, which shall be signed within the time limit, expressed in the Bid
Documents.
3.2
The existence of the contract shall be confirmed with the signature of the contract
document, embodying all the agreements between the parties.
Article 4: Corrupt Practices, Conflict of Interest and Inspection of Reports
4.1
The Contracting Authority can request the Court to declare as illegal the contract, if he
discovers that the Contractor carried out corruptive acts. Corruptive acts include all acts
described in Article 26 of the Law on Public Procurement.
4.2
The Contractor shall not have relations (current or past ones) with any of the consultants
or any other entity, which participated in the preparation of the Bid Documents for the
named procurement.
4.3 The Contractor shall allow the Contracting Authority to inspect the accounts and the
registers, which are related to the Contract implementation, or to control them through audits
appointed by the Contracting Authority.
Article 5: Confidential Information
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5.1
The Contractor and the Contracting Authority shall keep as confidential all the
documents, data and other information provided by the other party, in relation with the
Contract.
5.2
The Contractor can give to a Sub-contractor such documents, data or other information
taken by the Contracting Authority to the extent required by the Sub-contractor to carry
out its part of the work, in accordance with the Contract. In this case, the Contractor shall
include in his contract with the Sub-contractor a provision, which deals with
confidentiality, as mentioned above in Paragraph 5.1.
Article 6: Intellectual Property
6.1
Except when otherwise provided in the Contract, all the rights of intellectual property,
provided by the Contractor during the implementation of the Contract, shall belong to the
Contracting Authority, which may use them, as it deems appropriate.
6.2
Except when otherwise provided in the Contract, the Contractor, after the end of the
Contract, shall submit to the Contracting Authority all reports and other data such as
maps, diagrams, specifications, plans, accounts, statistics and supporting registers or
materials gathered or prepared by the Contractor during the implementation of the
Contract. The Contractor can keep copies of these documents and data, but he shall not
use them for purposes, which are not related to the Contract, without a preliminary
written permission of the Contracting Authority.
6.3
The Contractor shall insure the Contracting Authority against the lack of responsibility
for infringement of rights related to the intellectual property, which may arise from the
production or distribution of Goods, in accordance with the Contract.
6.4
If there is any claim or suit against the Contracting Authority, regarding any infringement
of the intellectual property, caused during the implementation of the Contract or during
the use of Goods, supplied in accordance with the Contract, the Contractor shall provide to
the Contracting Authority all the evidence and the necessary information, which is related
to the named suit or claim.
Article 7: Goods’ Origin
The nationality rule
Refering to the GUIDELINES for PROJECT IMPLEMENTATION (GPI) for Projects funded by
Italian-Albanian Debt for Development Swap Agreement – IADSA, participation in tender
procedures is open on equal terms to all natural and legal persons of the Republic of Albania and
the EU Member States. Bidders must state, in the tender, the country of which they are nationals
by presenting the usual proof of nationality under their national legislation.
The rule of origin
Refering to the GUIDELINES for PROJECT IMPLEMENTATION (GPI) for Projects funded by
Italian-Albanian Debt for Development Swap Agreement – IADSA, for supplies acquired in the
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context of the Grant provided by the IADSA, the bidder must state the origin of supplies in the
Republic of Albania or EU Member States. Contractors must present proof of origin to the
Contracting Authority. The certificate of origin must be made out by the competent authorities of
the country of origin of the supplies and must comply with the rules laid down by the relevant
Albanian legislation.
Article 8:
Supply Scope and Goods’ Compliance with the Specifications
8.1
The Contractor shall deliver The Goods with the quality, quantity and type specified in
the contract, as well as placed and packed as provided in the contract.
8.2
The Goods are not in accordance with the contract if those are not qualified to the special
use provided in the contract. When not possible to determine such element, it is deemed
that The Goods are not in conformity with the contract if those are not suitable to the use
to which usually serve other same objects.
8.3
If the vending is based on a model or sample, the Supplier (Contractor) shall deliver the
objects that have the same qualities of the model or sample.
Article 9:
Goods’ Compliance with the Technical Standards
9.1
The Gods supplied as per contract shall be conform the codes and Technical Standards
provided in the technical specifications. If during the execution of the contract there are
amendments to the respective codes or Technical Standards, these amendments will be
applied only after approval by the Contracting Authority.
9.2
Unless otherwise provided by any other provision of the contract, if there is not defined
any respective Technical Standard in the Technical Specifications, The Goods shall be in
accordance with the current international Technical Standards. If the international Technical
Standards do not exist, The Goods shall be in accordance with the Albanian respective
Technical Standards.
9.3
The Contractor shall not be responsible for mistakes given by the Contracting Authority in
diagrams, data, designs or other aspects of the technical specifications, except the case when
the mistake is obvious and the Contractor shall have notified of such mistake and advise the
Contracting Authority about it.
9.4
The Supplier (Contractor) is not responsible for property (Goods) defects on which
Contracting Authority was informed in the moment of the contract signing or was
informed because of its fault, except when the defects have to do with the quality of
Goods specified according to the contract or the representation of advertisement of
supplier (Contractor).
Article 10:
the
not
the
the
Spare Parts
10.1 If the contract provides, the Contractor shall include the Goods supplied a quantity of spare parts,
in accordance with technical specifications and any provisions of the contract.
10.2 Except as otherwise provided, spare parts will be delivered with the Goods.
10.3 The Contractor shall ensure the availability of spare parts for a period specified in his bid equal to
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the lifetime of the goods.
10.4 In the event of a decision to cease production of spare parts, the Contractor shall notify the
Contracting Authority in sufficient time to allow the Contracting Authority to procure adequate
quantities for later use.
10.5 Upon termination of production of spare parts, the Contractor shall furnish the Contracting
Authority free of charge if requested, any manufacturing, tooling, drawings of the spare parts
used in the manufacture and maintenance of the Goods.
Article 11:
Packaging
11.1 The Contractor shall deliver the Goods, in the manner and packaging form, as specified in the
Contract.
11.2 Unless otherwise provided in another article of the contract, it may be assumed that Goods
were not delivered in the manner and packaging form, as specified in the Contract, if this
manner or form was different from the usual manner used for items of the same type or if
the usual manner is no longer available, in a manner appropriate for the maintenance and
protection of Goods.
Article 12: Tests and Inspections
12.1 The Contractor shall perform all tests and inspections, requested by the provisions of the
Contract. The cost of these tests and inspections shall be entirely financed by the Contractor,
within the price of the Contract.
12.2 At its own expense, the Contracting Authority is entitled to follow the tests and/or inspections.
12.3 The Contracting Authority may ask to the Contractor to make additional tests and
inspections, which were not foreseen in the Contract, but which have been judged as
necessary to verify that the Goods are in conformity with the specifications and with the
Contract’s terms and conditions. The Contracting Authority will be charged with the cost of
these tests. In addition, if these tests obstruct the work progress of the Contractor, the
Contracting Authority shall agree to change the Delivery Schedule.
12.4 The Contracting Authority shall reject any Goods, which do not pass the test and/or
inspection, or is not in conformity with the Technical Specifications and the conditions, set
for the execution of the Contract.
12.5 Neither the performance of tests, nor the inspection of the Goods, shall free the Contractor
from any guarantee or other obligation, in accordance with the Contract.
Article13: Delivery conditions
13.1The contractor is obligated to perform all the activities and acts of delivering, except when
the Contractor is specifically disqualified from such an activity or act by a provision of the
contract. If any Incoterm is used to describe the parties’ obligations, the term shall have the
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meaning given by the last publication of the Incoterms, published by the International
Chamber of Commerce.
13.2The place of Goods delivery shall be as specified in the contract.
13.3Delivery time of Goods and final date of the Related Services shall be as specified in the
contract.
13.4Delivery of Goods shall be done during working hours, except when otherwise provided in
the contract.
13.5The contractor is obligated to give to the Contracting Authority a reasonable notification on
the Goods delivery before their departure.
Article 14 Transport of Goods
14.1 The contractor is obligated to provide loading and transportation of the as required, in
order to accomplish the terms and conditions specified in the contract.
14.2 If the contracting authority is obligated to receive the Goods by a transportation vehicle or
transportation agency, the contractor shall give prior reasonable notification of the
transportation and shall give to the contracting authority all the necessary documents to
receive the Goods.
14.3 If the supplier [Contractor] is obligated to deliver the goods in the transportation vehicle in a
place specified in the contract, the risk of loss is transferred to the contracting authority only
when the gods are delivered in the transportation vehicle in the specified place. The fact the
supplier [Contractor] is authorized to keep the representative documents of the goods does
not influence the risk transfer.
Article 15: Security
15.1 Unless otherwise provided with a different provision of the contract, the Contractor shall
insure that the Goods to be delivered following the Contract are completely secured
against loss or damage during transport, depositing or delivery.
Article 16: Examination and Acceptance of Goods
16.1 Prior to accepting, the Contracting Authority has the right to examine, inspect and test the
Goods. This activity shall be carried out immediately following the Goods delivery. The
Contractor has the right to participate in this activity and to examine the activity reports,
drafted by the Contractor Authority or its agents.
16.2 The Contracting Authority shall accept or refuse the Goods immediately after their delivery,
and shall provide the Contractor with a written notification regarding its actions to accept or
refuse the Goods.
Article 17: Guarantees
17.1 The Contractor guarantees that the Goods are new, unused and belong to the last models,
and that they embody all latest updates and improvements in terms of designs, materials,
except when otherwise provided in the Contract.
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17.2 The Contractor is responsible for any defects or unfitness that existed at the moment when
the risk passed to the Contracting Authority, even when the defect appears after this
moment.
17.3 The Contractor is responsible even for the unfitness that is verified after the moment
indicated in the above paragraph and that comes from the non-fulfillment of any obligation,
including the warranty that the Goods will be suitable for their common or specific usage for
a certain period of time, or that will retain its quality and specified characteristics
17.4 .Except otherwise provided by another provision of the contract or by law, the Contracting
Authority loses his right to challenge things for defects, if he does not notify the Contractor,
within ten days of the discovery, specifying their nature.
17.5 The Contracting Authority shall provide the Contractor all the reasonable opportunities for the
Contractor to inspect such defects.
17.6 Upon receipt of such notification, the Contractor shall promptly repair or replace the
defective Goods or parts thereof at no cost to the Contracting Authority.
17.7 If after receiving notification, the Contractor fails to remedy the defect within a reasonable
period, the Contracting Authority may proceed, at the Contractor’s expense, to take such
remedial action as may be necessary.
17.8 In any case, the Contracting Authority loses his right to challenge things for defects if he does
not exercise his right within two years from the date of delivery of such things to him,
provided such term is not contrary with the duration of a contractual warranty.
17.9 The Contractor cannot take advantage of the rules provided in herein if the defects deal with
facts within his knowledge or that could not have been unknown to him and these were not
brought to the attention of the Contracting Authority.
Article 18: Contract Price
18.1 The contract price shall be the price submitted with the Contractor’s bid and accepted by the
Contracting Authority.
18.2 Except when otherwise provided in another provision of the Contract, the contract price
shall include:
i) the stock-exchange price, according to Reuters delivered pursuant to the condition
CIF-Albania, published in the latest Public Announcement Bulletin, prior to the date of
the submission and opening of bids;
ii) fiscal elements, including excise, carbon tax;
iii) the lowest profit margin, expressed in absolute value and in percentage.
Article 19: Payment time limits
19.1 The contract price shall be paid on time, as specified in the Contract.
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19.2 Except when otherwise provided in another provision of the Contract, the payment shall be
effectuated with Albanian currency. The exchange rate for different currencies shall be the
rate of the Bank of Albania of the day the contract notification was sent.
19.3Except when otherwise provided in another provision of the Contract, the Contractor’s
request for payment shall be addressed in writing to the Contracting Authority. If during the
execution of the contract for the supply with fuel, gas oil, benzene and heating fuel, the price
according to Reuters, changes substantially by rising and falling, at the written request of the
parties and depending on the changeable purchase prices in the international markets, the
contractor reflects, in the periodical selling voucher, the goods price, based on the customs
declaration SAD.
19.4The Contracting Authority, prior to paying the goods voucher shall check the percentage of
the rise and fall of the stock-exchange price, according to Reuters, delivered pursuant to the
condition CIF-Albania, the quality of the delivered goods, if it is the same with that which
was promised in the bid.
19.5 .Except when otherwise provided in another provision of the Contract, the payment for the
Goods shall be effectuated within 30 calendar days, from the day the Goods have been
accepted, or the day of request receipt, whichever comes later.
19.6 The date of payment shall be the date when funds are transferred from the bank account of
the Contracting Authority.
Article 20: Delays in Payment
20.1 The compensation of damages, which were caused by delays in payment, consist in the
usury gathered from the date of the beginning of delay (by the Contracting Authority) in the
official currency of the country where the payment shall be effectuated. Law shall establish
the percentage of the usury. At the end of each year, the usuries shall be added to the total
amount, on which they are calculated.
20.2 The legal usury is paid without forcing the creditor (the Contractor) to prove any damage. If
the creditor (the Contractor) proves that he has undergone a higher damage than the legal
usury, the debtor (Contracting Authority) shall pay the remaining value of the damage.
20.3 Where the contracts provides a periodical transport or a group transport of Goods and the
contracting party has not paid previous transports, the Contractor shall have the right to halt
the transport of other groups, till payment is effectuated, including the earned interest.
Article 21: Amendment of the Law and Rules
21.1 If, after the date of contract signing, any law, regulation, directive or procedure with the
effect of the law in the Republic of Albania comes into force, is issued or amends and
affects the conditions, including the date of delivery, or the contract price, the terms and
conditions and the price of the Contract shall be regulated at the extent the Contractor has
been affected in meeting his obligations, in accordance with the Contract.
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Article 22: Force major
22.1 The Contractor shall not be held responsible for the loss of the Contract Security, for
liquidated damages or cancellation for non-fulfillment, if, and to the extent the delay or any
other failure in carrying out his obligations in accordance with the contract, is the result of a
force major.
22.2 For the purposes of this article, “Force Major” means an unforeseen happening or event
outside the control of the Contractor regarding fault or negligence. These events can include,
but are not limited to the actions of the Contracting Authority, in its sovereign or contractual
capacities, war or revolutions, fire, flood, earthquake, epidemics, quarantine pressure and
transit embargo.
22.3 If a situation of a force major occurs, the Contractor shall immediately notify the
Contracting Authority. Except when the Contracting Authority gives different directives, the
Contractor shall continue implementing all its obligations, in accordance with the Contract,
at a reasonable extent, and shall require all reasonable means for this implementation, which
are not obstructed by any Force Major.
Article 23: Delays in Implementation and Extension of Time Limits
23.1 Except when otherwise provided, the Contractor shall start to implement the Contract,
immediately following its signing.
23.2 Except when the Contracting Authority agrees for an extension of the Contract time limits,
the Contracting Authority has the right to liquidate the damages for the delay in
implementation, if the Contractor fails to deliver the Goods within the complete execution
period, as specified in the Contract.
23.3 The Contracting Authority can deduct the value of liquidated damages from the amount to
be paid to the Contractor. In this case, the Contracting Authority shall give to the Contractor
a written notification on the value and reason of such deduction.
23.4 The Contracting Authority shall agree on an extension of the time limits, in cases of force
major.
23.5 The Contracting Authority can agree on an extension of the time limits, even in other
circumstances, if it is in the public interest. If the Contractor encounters conditions, which
obstruct the implementation in time, the Contractor shall promptly notify in writing the
Contracting Authority regarding the delay, the causes and the date proposed for the delivery
or the conclusion. The Contracting Authority shall evaluate the request. If the Contracting
Authority agrees with the delay, the extension shall entry into force with a written
amendment of the Contract, signed by the Contracting Authority and the Contractor.
Article 24: Damage Liquidation related to delays in Delivery
24.1 Liquidated damages for delayed goods delivery shall be calculated with the following
daily fees:
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a) For contracts with an implementing period, not more than 6 months, the daily fee shall be
4/1000 of the corresponding remaining value, from the total price of the Contract, but not less
than 25% of the contract value.
b) For contracts with an implementing period, not more than 12 months, the daily fee shall be
2/1000 of the corresponding remaining value, from the total price of the Contract, but not less
than 25% of the contract value.
c) For contracts with an implementing period more than 12 months, the daily fee shall be 1/1000
of the corresponding remaining value, from the total price of the Contract, but not less than 25%
of the contract value.
Article 25: Negotiations and Amendments
25.1The parties shall not negotiate for modifications or amendments in any of the elements of
the Contract, which would considerably change the conditions constituting the basis for the
selection of the Contractor.
25.2No amendment or any other contract variation shall be valid without being in written form,
dated and referring expressively to the Contract, or if it is not signed by an authorized
representative of the Contractor and of the Contracting Authority.
25.3Any waiving of rights, powers or corrections of the parties, in accordance with the Contract,
shall be done in writing, shall have a date and shall be signed by an authorized
representative of the party, which withdraws from such right, and shall specify the right and
the extent of it.
Article 26: Modification of Order
26.1 The Contracting Authority reserves the right to order additional goods or services, but only
in accordance and in circumstances provided with the PPL and provided that the increase
of cost shall not exceed 20% of the total price of the Contract.
Article 27: Cancellation for Non-Fulfillment
27.1 The Contracting Authority may cancel the Contract, completely or partly, if:
a)
b)
The Contractor fails to complete the delivery of Goods within the specified time limit in
the Contract, or within the granted extension; or,
The Contractor fails to fulfill any other obligation of the Contract.
27.2 The Contracting Authority shall give to the Contractor a written notification for the
cancellation for non-fulfillment and grant to the Contractor 15 days to adjust the nonfulfillment, except when such decision for cancellation was taken for corrupted and illegal
actions, in which case, the cancellation shall be immediate.
Article 28: Cancellation for Bankruptcy
28.1 The Contracting Authority may cancel the Contract at any time, if the Contractor is bankrupt
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or becomes unable to pay.
28.2 The Contracting Authority shall give to the Contractor a written notification regarding the
cancellation.
Article 29: Cancellation in the public interest
29.1 The Contracting Authority may cancel the Contract at any time, if it deems that this decision
shall be taken, in order to better serve the public interest.
29.2 The Contracting Authority shall give a written notification to the Contractor, regarding this
cancellation.
29.3 The Contracting Authority shall pay the Contractor for all accepted Goods and related
Services, which were delivered prior to cancellation and shall pay the Contractor for the
damages caused by the partial delivery of Goods and Related Services. While calculating the
value of damages, the Contractor shall be required to undertake all necessary actions, in
order to minimize the damages.
Article 30: Sub-Contracting
30.1 Sub-contracting shall be valid only if it exists in the form of a written agreement, through
which the Contractor accredits a part of the contract’s obligations to a third party.
30.2The Contractor shall not sub-contract without a prior written approval of the Contracting
Authority and not more than 40% of the contract value. The Contractor shall notify the
Contracting Authority regarding the Contract elements, which have been sub-contracted and
regarding the documentation that proves the capability of the Sub-contractor. Within 5 days
from the receipt of notification, the Contracting Authority shall notify the Contractor about
his decision, expressing the reasons whether he approves it or not.
30.3Every Sub-contractor shall have the right to participate in public procurement, in accordance
with the Law on Public Procurement. The Contracting Authority may foresee direct
payments for the sub-contractor in return of goods that he shall supply.
30.4The Contractor remains fully responsible for the contract implementation, regardless the
subcontractor’s performance.
Article 31: Transfer of Rights
31.1 The Contractor shall not completely or partly, transfer his obligations according to the
Contract, except when preliminary decision of the Procuring Entity is taken.
Article 32: Contract Security
32.1 Within 30 days from the receipt of the notification for the contract award, the Contractor
shall give to the Contracting Authority the guarantee of a Contract Security at the acceptable
amount and form, as specified in the Contract. Failure in providing a Contract Security in
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the required form and amount, within 30 days, shall result in the cancellation of the Contract
and in the forfeit of the Contractor’s Bid Security.
32.2 The amount of the Contract Security shall be paid to the Contracting Authority as a
compensation for any loss, resulting from failure of the Contractor in meeting his obligations,
in accordance with the Contract.
32.3 The Contract Security shall be returned to the Contractor not later than 30 days after the date
of Goods acceptance. However, 5 (five) percent of the Security shall be kept, until a
satisfactory fulfillment of the contractual obligations.
Article 33: Legal Grounds
33.1 The Contract shall be governed and interpreted according to the Laws of the Republic of
Albania.
Article 34: Settlement of disputes
34.1 The Contracting Authority and the Contractor shall make all attempts to resolve their
conflicts or disputes, through direct negotiations.
34.2 If the parties fail to resolve the disputes or the conflict, these shall be resolved following the
Contract and the legal procedures in force, in accordance with the Legislation of the
Republic of Albania.
Article35: Representation of the Parties
35.1 Each party shall nominate in writing a person or appoint an organizational structure, which
shall be responsible, in behalf of the party, for the receipt of communications and for the
representation of the party in issues related to the Contract execution.
35.2 Each party shall immediately notify the other party, regarding any change in the nomination
of the party’s representative. If one of the parties fails to notify, it shall be charged for all
damages, caused by the failure to give a proper notification.
35.3 The parties may nominate persons or additional organizational units to represent them in
particular actions and activities. In any case, a written notification shall be provided and it
shall determine the extent of the representative’s authority.
Article 36: Notifications
36.1 In accordance with the Contract, all notifications from any of the parties to the other, shall
be in writing, and sent at the address specified in the Contract
36.2 The notification enters into force, as soon as it is delivered.
Article 37: Calculation of Time Limits
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37.1
All references to days shall be calendar ones, except when otherwise provided.
Appendix 17
[Appendix to be completed by the Contracting Authority]
SPECIFIC CONDITIONS
Goods – Open Procedure
The following Special Conditions of the Contract shall be complementary to the General Conditions of
the Contract. In case of divergences, the provisions herein shall prevail over the provisions in the General
Conditions.
Article 1: Definitions
1.1 The Contracting Authority is:
1.2 The Contractor is: ---------------------------------------------------------Article 2: Contract Security
2.1
The Contractor shall provide the Contract Security, at the amount of 10% of the bid value, in order
to assure the execution of his obligations, in accordance with the Contract.
2.2 Contract Security shall be promptly issued or returned to the Contractor, according to the following
form: 5% of the contract security bond (10%) will be returned until fulfillment of contractual
obligations and the rest (5% of the contract security bond) shall be keeped until guaranty period
expiration.
______________________________________________________________________________
__________________________________________________________________
Article 3: Start of Implementation
3.1 The contract implementation shall start on _____. If the date is not defined, the
implementation shall start on the date the Contractor signs the Contract Form.
Article 4: Inspections and tests
4.1
Inspections and tests before acceptance of goods will be made: ____________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Article 5: Conditions of Delivery
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5.1 The delivery conditions, the dates and places of the delivery of goods and of spare parts will
be accomplished according to the Delivery Schedule stipulated in this contract.
5.2
The contractor shall notify the CA ______ days before each delivery of goods.
5.3
Notification of delivery shall be made in writing, by fax, mail, e-mail etc. to: ___________
______________________________________________________________________________
______________________________________________________________________________
5.4
If the Contracting Authority takes the goods from a third party, the delivery notification shall
include the list of necessary documents for receiving goods and shall indicate the documents will
be given to the Contracting Authority.
5.5
The contract will be regarded as finalized when the Contracting Authority has met its needs and/or
spent the available limit fund.
5.6 If the Contracting Authority takes the goods from a third party, the Contractor shall consign all the
necessary documents for receiving goods to: ________________________________________________
Article 6: Payment conditions
6.1
Payment of goods shall be made within _________ days from date of acceptance the goods or from
date taking the payment request in written, regardless the day of coming. If it is not specified, the
time period will be 30 days.
6.2
The payment will be made in ______. If it is left unfilled, the payment will be made in Albanian
currency.
6.3
If during the execution of the contract for the supply with fuel, gas oil, benzene and heating
fuel, the price according to Reuters, changes substantially by rising and falling, at the
written request of the parties and depending on the changeable purchase prices in the
international markets, the contractor reflects, in the periodical selling voucher, the goods
price, based on the customs declaration SAD.
6.4
The Contracting Authority, prior to paying the goods voucher shall check the percentage of
the rise and fall of the stock-exchange price, according to Reuters, delivered pursuant to
the condition CIF-Albania, the quality of the delivered goods, if it is the same with that
which was promised in the bid.
6.5
L.C payment
Article 7. Advance payment
7.1 Percentage of advance payment will be _____. If not specified, the Contractor will not
receive advance payment.
7.2 If a payment is promised, the advance will be paid within ______ days from the receipt of
the insurance of contract.
Standard Tender Documents
7.3 If an advance payment is made, the amount that will be deducted from the payment to be
given to the Contractor in accordance with the following form: _____________________
___________________________________________________________________
Article 8. Related Services
8.1 The following special conditions will be executed for making the payment of related Services.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Article 9. Deduction of contract security
If it is foreseen a periodic deduction of contract cover it is made as below:
_________________________________________________________________________
__________________________________________________________________________________________
9.1
If it is not satisfied, the security remains unchanged.
Standard Tender Documents
Appendix 18
[Appendix to be completed by the Contracting Authority]
NOTIFICATION OF CONTRACT SIGNATURE
Section 1Contracting Authority
1.1
Name and address of contracting authority:
Name
_________________________________________
Address
_________________________________________
Tel/Fax
_________________________________________
E-mail
_________________________________________
Website
_________________________________________
Standard Tender Documents
1.2
Type of the contracting authority and its main
Central institution

Local Government Unit

activity (activities):
Independent institution

Other

Section 2: Contract object
2.1
Type of contract
Work

Type of “Public Contracts for Goods”
Purchase Rent Leasing


Services

Goods

Purchase in
installments

A combination of these

2.1.2Contracts under the Framework Agreement
Yes
No
x
If yes, type of Framework Agreement
With one Economic Operator
With few Economic Operator
All terms are defined
Yes
No
2.2
Short description of the contract / framework agreement
1. Limit fund:___________________
2. Source of Financing: ______________
3. Objet of contract / framework agreement (NO Project IADSA / 2014/03:________
2. 3
Duration of the contract or time limit for completion:
Duration in months
or in days
Standard Tender Documents
or
starting from
/
/
conclusion on
/
/
2.4
Place of delivery of the object of the contract / framework agreement:
___________________________________________________________________________________
_________________________________________________________________________
2.5
Division into LOTS:
Yes
No
x
Section3Proceedings
3.2
Criteria for the selection of winners:
A) Lowest price
or
B) The most favorable economic bid
about the importance: Price
etj.
points
3.3
oints
Number of bids submitted:
Number of regular bids:
3.4. During the procurement process in the field of Information and Communication Technology
(ICT) they are used standards developed by the National Agency for Information Society:
Yes
No
3.5. During the procurement process in the field of Information and Communication Technology
(ICT), when standards are not applicable, prior approval was obtained from the National Agency
for
Information
Society
Yes
No
Section 4 Information on contract
4.1
Contract Number: _______________Date of Contract
4.2
Name and address of contractor
Standard Tender Documents
Name
Address
Tel/Fax
E-mail
Internetit WEB
4.3
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
Total final value of contract (including lots and options):
Value
__________(VAT exluded)
Currency __________
Value
______________(VAT included) Currency __________
4.4
Additional Information
___________________________________________________________________________________
_____________________________________________________________
Date of dispatch of this notice
Standard Tender Documents
Appendix 18/1
[Appendix to be completed by the Contracting Authority]
NOTIFICATIONOF SIGNED CONTRACT FOR PUBLICATION IN THE BULLETIN OF
PUBLIC NOTICES
1Name and address of contracting authority:
Name
__________________________________________
Address
__________________________________________
Tel/Fax
__________________________________________
E-mail
Website
__________________________________________
__________________________________________
2. Type of procedure: ___________________________________________
3. Object of the contract / framework agreement _______________________
4. Limitfund_____________________________________________
5. Total final value of contract (including lots and options):
Volue
______________(VAT icluded)
Currency __________
6. Date of the contract signature____________
7. Name and address of contractor
Name
Address
Nr. NIPT
__________________________________________
__________________________________________
___________________________________________
Standard Tender Documents
Appendix 19
[Letterhead of Bank / Insurance Company]
[Appendix to be completed by the Economic Operator]
CONTRACT SECURITY FORM
[Date]
To :
On behalf of:
[Name and address of the Contracting Authority]
[Name and address of the guaranteed bidder]
** *
Procurement procedure: [type of procedure]
Short description of the contract: [subject)
Publication (if applicable): [Date] [Number]
***
With reference to the above-mentioned procedure and provided that [name of the awarded bidder]
has been awarded the contract,
we certify that [name of the awarded bidder] has made a deposit near the [name and address of the
bank / insurance company] at the amount of [currency and amount both in letters and numbers] as
a condition to secure the performance of the contract to be signed with [name of contracting
authority]
We undertake to transfer to the account of [name of the contracting authority] the secured amount,
within 15 (fifteen) days from your first written request, without asking explanations, on condition
that the request mentions the non-fulfillment of the obligations of the contract.
This Security is valid up to the complete execution of the contract.
[Representative of the bank / insurance company]
Standard Tender Documents
Appendix 20
COMPLAINT FORM SUBMITTED TO THE CONTRACTING AUTHORITY
Complaint to: Contracting Authority
Section I
Complainant Identification
The complainant can be a bidder or a potential bidder (e.g. individual, partnership,
corporation, joint venture).
Complainant’s full name (please type)
Address
City
State
Telephone No. (including area code)
Postal code/ Zip Code
Fax No. (including area code)
E-mail
Name and title of authorized official filing the complaint (please type)
Signature of authorized official
Date (year/month/day)
Standard Tender Documents
Telephone No. (including area code)
Fax No. (including area code)
Sectioni II. Information about the Procedure
1.
Identification Number
Fill the contract number provided in the contract notification or bid documents including
the type of procedure used for the procurement in dispute (e.g. Request for Proposal
[RFP], Open procedure [OP], Restricted procedure [RP], Negotiated Procedure [NP],
Consultative Service [CS ], Designing Contest [DC].
2.
Contracting Authority
Name of the contracting authority administering the procurement process.
3.
Estimated value of the Procurement
Estimate of the contract value (amount in number and letters)
4.
Subject of the Contract
Short description of Works/goods/services being purchased.
5.
Deadline for Bid Submission
Deadline for Bid Submission.
Date (year/month/day)
6. Contract Award Date
Date (year/month/day) if applicable
Standard Tender Documents
Section III. Description of the complaint
1. Complaint Legal Grounds
(Describe the legal infringement with regard to decisions, deeds, documents etc)
2. Detailed statement of facts and arguments
Give a detailed statement of the facts and arguments that support your complaint. For
each reason of your complaint specify the date when you were informed on the facts
related with the reasons of your complaint. Also mention the relevant sections of the bid
documents, if applicable. Use additional sheets if necessary.
3.
List of Appendixes
In order for a complaint to be considered filed, it shall be complete. Attach a legible copy of all
documents that are relevant to your complaint and a list of all these documents. The documents
would normally include any notification published, all bid documents, with all amendments and
attachments; your proposal. Indicate which information, if any, is confidential. Explain why the
information is confidential or provide either a version of the relevant documents with
confidential parts removed and a summary of the contents.
Send the completed procurement complaint form, all the necessary appendices and some
additional copies, to the Contracting Authority.
Note: Regarding the complaints to the Public Procurement Commission, please refer to the
Complaint Form issued by this Institution
Fax No:
E-mail:
Signature and seal of the complainant
Standard Tender Documents
Appendix 21
Draft of a Framework Agreement
( WHERE ALL TERMS ARE DEFINED )
FOR WORKS / GOODS / SERVICES
[ Use of this draft agreement is binding on all contracting authorities who will use the framework
agreement )
no __
DATE :
This Agreement is entered on [date ] between [name and address of the Contracting Authority ],
hereinafter referred to as " the Contracting Authority " and [ name and address of Contractor ]
represented by [representative ] , hereinafter referred to as " Contractor " .
Contractor , through its offer, dated [ date] agrees to supply the goods , as specified in the terms
set out in :
This Contract Form
Declaration Form of Bid submitted by the Bidder
Technical Specifications
Form of Bid Price
All these documents are attached form an integral part of this Contract .
Article 1 Scope
1.1 The purpose of the framework agreement is to define terms , including prices per unit and the
rules for delivery of goods / services / works below.
[ General description ]
1.2 The framework agreement will be implemented by sending invitations for bids to economic
operators , we marreveshje.P.sh party . wherever the procuring entity involved in this agreement
, will purchase items under this framework agreement , should send " invitation for bids " to the
contractor , specifying the list of items to supply their respective quantities .
1.3 Amounts provided are guidelines only and NOT amounts condition Contracting Authority to
acquire them . The Contracting Authority has the right to buy less or more quantity than those
provided
1.4 The Contractor shall not be entitled to compensation and will not be allowed to make
changes to the unit price , for example if the contracting authority decides to buy less or more
quantity than those provided specified and / or if the contracting authority decides not to buy
ANY of these quantities for some items .
1.5 Duration of the framework agreement :
______________________
Article 2 Price
Standard Tender Documents
2.1 The unit prices for work / goods / services are shown in the form of the bid price .
2.2 Prices of units shall be fixed and not subject to change for orders placed on this framework
agreement .
Signatures and Dates
For the Contractor
For the Contracting Authority
Name:
Name:
Position:
Position:
Signature:
Signature:
Date:
Date:
Seal:
Seal:
Standard Tender Documents
Appendix 22
Draft Framework Agreement
( Where not all the terms are defined )
FOR WORK / GOODS / SERVICES
Name of the contracting authority , on the one hand
and
Name of the Contractor on the other
Agree as follows :
To sign the framework agreement for the supply of : < decide title > identification number : <
decide Procurement Number >
Article 1 Scope
1.1 The purpose of this framework agreement is to establish rules for contracts that will be
connected via mini - competition process only between economic operators who are party to this
Framework Agreement .
1.2 This framework agreement is not a contract in itself but sets conditions for contracts that will
bind to its base .
1.3 The Contractor is only a framework agreement by the parties .
Article 2 Obligations of the Parties
2.1 Contracting Authority , a party to this agreement , the contractor will send " Invitation for
Bid " whenever there is a need for work / goods / services .
2.2 The Contractor is obliged to submit an offer whenever required by the Contracting Authority
.
Article 3 Contracts in the implementation of the Framework Agreement
3.1 Contracts will be signed only after the mini - competition process.
Article 4 of the mini - competition process
4.1 mini- competition process will be conducted with all economic operators, a party to the
framework agreement, wherever the need for work / goods / services to the Contracting
Authorities.
4.2 The Contracting Authority will re - open competition under the same conditions or other
conditions set forth in the invitation for bids, as laid down in the tender documents.
Standard Tender Documents
4.3 Whenever the need for work / commodity / service Contracting Authority must prepare
invitations for bids and send them to all economic operators , a party to the framework
agreement . Evaluation of bids will be based on the criteria set out in the Invitation to Tender.
Article 5 Duration of the framework agreement
__________________________________
Signatures and Dates
For the SupplierFor the Contracting Authority
Name:
Name:
Position:
Position:
Signature:
Signature:
Date:
Date:
Seal:
Seal: