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Procurement ref: 6561-IFT-32011

Country: Ukraine

Sector: Municipal and environmental infrastructure

Project number: 32011

Funding sources: EBRD

Contract type: Project goods, works and services

Notice type: Invitation for tenders

Issue date: 12.01.2012

Closing date: 29.02.2012, 14:00 Kiev time

This Invitation for Tenders follows the General Procurement Notice for this project which was initially published on the EBRD's website (www.ebrd.com) in "Procurement Opportunities" section on December 16, 2005 (ref. 5169-GPN-32011) and updated on April 11, 2011 (ref. 6056-GPN-32011).

"Dniprovodocanal" Communal Enterprise of Dnipropetrovsk City Council hereinafter referred to as "the Employer", intends using part of the proceeds of a loan from the European Bank for Reconstruction and Development ("the Bank") towards the cost of the Dnipropetrovsk Municipal Water Services Development Project.

The Employer now invites sealed tenders from tenderers for the following Contract to be funded from part of the proceeds of the Bank's loan:

Contract No 21865/1 "SCADA and MIS - Design, supply and installation of automated metering system for electrical power fiscal accounting ("the AMSEPFA") at the facilities of "Dniprovodocanal" Communal Enterprise of Dnipropetrovsk City Council"

The scope of works under the Contract shall include manufacture, delivery, installation, tests, certifications, precommission, commission and mandatory technical maintenance during Defect Liability Period of the Automated metering system for electrical power fiscal accounting ("the AMSEPFA") at the facilities of the Employer, located in Dnipropetrovsk and in close vicinity to it, in accordance with the technicals directions and detailed design to be developed by the Contractor.

The anticipated Time for Completion is 330 days from the Effective Date of the Contract. Tenders with times for completion which exceed 420 days from the Effected Date shall be rejected as non-responsive.

The works will be performed in compliance with the Conditions of Standard Contract from the EBRD's Standard Tender Documents - Supply and Installation of Plant and Equipment, 2007.

Tendering for contracts to be financed with the proceeds of a loan from the Bank is open to firms from any country. The proceeds of the Bank's loan will not be used for the purpose of any payments to persons or entities, or for any import of goods, if such payment or import is prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations.

To be qualified for the award of a Contract, tenderers must satisfy the following minimum criteria:

• average annual turnover of a tenderer over the last 5 years (defined on the basis of the amounts billed for the performed works under completed and in progress contracts) shall be:

- not less than UAH 3,900,000 equivalent, or

- not less than the estimated average annual cash flow under the proposed Contract (based on a straight-line projection as per the tender price of the tenderer),

whichever is less;

• the tenderer shall have experience, as a prime contractor, in the execution of at least 2 contracts including design, delivery, installation and commissioning into the industrial operation of automated metering systems for electrical power fiscal accounting ("the AMSEPFA") at the large industrial enterprises, of similar nature and complexity to the proposed Contract, that have been successfully completed over the last 5 years prior to the deadline for submission of tenders;

• the candidate for the tenderer's proposed Contractor's Representative shall have not less than 10 years total experience, 5 years experience of similar work, and 5 years experience in a similar position (Contractor's Representative under the similar contracts);

• the tenderer shall demonstrate that it has access to, or has available financial means, such as, liquid assets, unencumbered real assets, lines of credit, and other financial means, different from any contractual advance payments or commodity loans, sufficient to meet the cash flow under the Contract for a period of 120 days, estimated as not less than UAH 1,420,000 equivalent, taking into account the tenderer's commitments under other contracts;

• the tenderer shall submit the audited financial statements (Balance Sheets, Income Statements, Statements of Cash Flow), or, if such is not required by the legislation of the tenderer's country, any other financial statements acceptable for the Employer, for the last 5 years to demonstrate the current soundness of the tenderer's financial position and its long-term profitability;

• the tenderer shall not have a consistent history of awards against him on any litigation or arbitration connected with the execution of contracts or participating in tenders over the last 5 years prior to the deadline for submission of tenders;

• the tenderer shall have, or have obtained prior to the signed Contract Agreement is returned to the Employer (if the Contract is awarded to the tenderer), all the required Ukrainian licenses to execute works under the Contract, including, if required, lisences for engineering activity in the field of construction (the activity of prime designer in design, the activity of prime contractor in construction). The licenses shall be issued in accordance with the legislation of Ukraine and shall be valid during the whole Contract validity period, including the Defect Liability Period;

• the tenderer being a resident of Ukraine shall be an income tax and value added tax payer in Ukraine on the general bases; the tenderer being a non-resident of Ukraine shall have, or have registered prior to the signed Contract Agreement is returned to the Employer (if the Contract is awarded to the tenderer), its permanent representative office in Ukraine entitled to implement the economic activity, registered in accordance with the Ukrainian legislation and being the income tax and value added tax payer in Ukraine on the general bases;

• the tenderer and/or its representation in Ukraine shall be capable of carrying out the repair and maintenance of the Facilities on the Site during the Defect Liability Period, shall have consumables and spare parts storage in Ukraine enabling to make a prompt delivery thereof to the Site to ensure the proper and continuing functioning of the Facilities, and shall be capable of ensuring the possibility of the repair and maintenance of the Facilities in Ukraine after the Defect Liability Period expiry as well.

Additional requirements to joint ventures or consortia (particular partnerships or other unincorporated groupings of enterprises carrying out their activity on the basis of an agreement on joint venture) are specified in the tender documents.

Upon the appropriate written request, the tender documents (its electronic version in PD-format) may be downloaded by a potential tenderer from the Employer's website (www.dniprovodokanal.com), using the login and password given by the Employer. But no liability can be accepted by the Employer for loss or late delivery of the tender documents.

Every tender must be accompanied by a tender security issued for the amount of UAH 70,000 or for the equivalent amount in a freely convertible currency, calculated at the official exchange rate set by the National Bank of Ukraine by the date 28 days prior to the deadline for submission of tenders.

All tenders must be delivered to the Employer's address below on or before 29.02.2012 at 14:00 (Kiev time), whereupon, at 14:10 (Kiev time) they will be opened in the presence of those tenderers' representatives who choose to attend. Documents which are received late will be rejected and returned unopened.

A register of potential tenderers who have received the tender documents may be inspected at the address below.

Prospective tenderers may obtain further information from and inspect the tender documents at the address below:

"Dniprovodocanal" Communal Enterprise of Dnipropetrovsk City Council, Clerical office (room No 100), 21-A Krasnaya Street, Dnipropetrovsk, 49101, Ukraine, tel./fax: +380 56 744 64 60, +380 56 744 64 48, +380 56 371 43 38. Email: dniprovodokanal@optima.com.ua Acting Director of "Dniprovodocanal" Communal Enterprise of Dnipropetrovsk City Council - Mr Konstyantin Y. Orel