Supply and installation of the leachate treatment plant for Hrybovychi landfill with leachate throughput capacities up to 300 m³/day, located in Lviv region, Ukraine

Item Description:

The European Bank for Reconstruction and Development (EBRD) was founded in 1991 to create a new post-Cold War era in central and eastern Europe, furthering progress towards ‘market-oriented economies and the promotion of private and entrepreneurial initiative’. The EBRD is owned by 67 countries from five continents, as well as the European Union and the European Investment Bank.

Invitation for tenders

This Invitation for Tenders follows the General Procurement Notice for this Project, which was published on the EBRD website in “Procurement Opportunities” (http://www.ebrd.com) on September 1, 2017 and latest updated on March 1, 2018 (EBRD ref. 9004-GPN-49437).

Lviv Communal Enterprise “Zelene Misto”, hereinafter referred to as “the Employer”, has received a loan from the European Bank for Reconstruction and Development (“EBRD” or “the Bank”), a loan from the Clean Technology Fund (“CTF”) and a grant from the Eastern Europe Energy Efficiency and Environmental Partnership (“E5P”), administered by the Bank, towards the cost of the Supply and installation of the leachate treatment plant for Hrybovychi landfill with leachate throughput capacities up to 300 m³/day, located in Lviv region, Ukraine.

The Employer now invites sealed tenders from Contractors for the following contract to be funded from the part of proceeds of the EBRD loan:

• Supply and installation of the leachate treatment plant for Hrybovychi landfill with leachate throughput capacities up to 300 m³/day, located in Lviv region, Ukraine.

The contract scope includes the following:

• Basic engineering and design of the leachate treatment facilities including surveying and additional data collection;
• Fabrication, shipping, and installation of leachate treatment plant including:
  • Pre-treatment units;
  • Main treatment unit;
  • Post-treatment units;
  • All the associated equipment – storage and buffer tanks for the raw leachate, permeate, concentrate and chemicals, with all pumps and accessories, instruments etc,
• All associated works (civil works, construction, electrical, automation);
• Commissioning of all units;
• Trial Operation and maintenance (O&M) of the plant for a 24 months of a operation period, including all consumables, reagents, replacement parts, electricity;
• Perform warranty obligations during Defects Liability Period (6 months).

The schedule baseline includes:

The Contract is planned to be completed within 33 (thirty-three) months, including:

• Supply, installation and commissioning – 270 days (9 months).
• Trial Operation and maintenance (O&M) – 730 days (24 months).
• With a further  Defects Liability Period – = 180 days (6 months).

To be qualified for the award of the Contract, Tenderers shall satisfy the following minimum criteria:

• Historical contract non-performance and/or litigation: A consistent history of historical non-performance and/or litigation awards against the Tenderer or any partner of a joint venture, consortium or association may result in rejection of the tender.

Moreover, if a Tenderer is formally debarred from contracting activities by the Bank, and the Employer may not enter into a contract with such Tenderer, the Employer may reject the Tender.

• Average annual turnover: Minimum average annual turnover of EUR 10,000,000 (ten million) equivalent calculated as total certified payments received for contracts in progress or completed, within the last 3 (three) years (2015, 2016, 2017) starting January 1^st, 2015
• Financial resources: The Tenderer must demonstrate access to, or availability of, financial resources such as liquid assets, unencumbered real assets, lines of credit, and other financial means, other than any contractual advance payments to meet:

1. the following cash-flow requirement: EUR 750,000 (seven hundred fifty thousand) equivalent for a period of 6 (six) months for the subject contract(s) net of the Tenderer’s other commitment;
2. the overall cash flow requirements for this Contract and its current commitments

• General experience: General experience as a main supplier or prime contractor, JVCA member, sub-contractor, or management contractor for at least the last 5 (five) years, starting January 1st, 2013, and with activity in at least 9 (nine) months in each year
• Specific experience:

1. Experience as Contractor or Supplier in at least 2 (two) contracts within the last 5 (five) years starting January 1^st, 2013, each with a value of at least EUR 700,000 (seven hundred thousand), that have been successfully and substantially completed and that are similar to the proposed Goods. The similarity shall be based on the physical size, complexity, methods/technology or other characteristics as described in Section III “The Requirements”
2. For the above and any other contracts executed during the period stipulated in 3.2.3 (a) above, and contracts that have been satisfactorily and substantially  completed (substantial completion shall be based on 80% or more of the contract completed) and under implementation as a main supplier, joint venture member, management contractor or sub-contractor, a minimum experience in the following key activities successfully completed:
   1. The Tenderer must have successful experience in at least 2 (two) contracts for supplies, installation, commissioning and service of the leachate treatment facilities with throughput capacities not less than 100 m³/day for at least the last 5 (five) years starting January 1st, 2013;
   2. The Manufacturer of the proposed leachate treatment technology shall be proven and well know and leachate treatment plant shall have at least 5 (five) years of experience in manufacturing of leachate treatment plant of any model;
   3. All the participants (Tenderer, Manufacturer of the leachate treatment plant, Subcontractors) shall have the certificate of conformity with the quality management (ISO 9001 or equivalent).

• Personnel Capabilities: The Tenderer shall provide suitably qualified personnel in line with Tender Documents requirements for the Contract.
• Equipment Capabilities: The Tenderer shall provide substantially equipment capabilities as per Tender Documents requirements, etc.
• Joint Venture Requirements: The joint ventures, consortiums or associations (hereinafter – “JVCA”) shall satisfy collectively the qualification criteria stated above, for which purpose the relevant data of each of the partners shall be added to arrive at the JVCA’s total capacity, taking into account the following provisions:

1. Each partner of JVCA individually shall satisfy the requirements for audited balance sheets, eligibility and litigation history;
2. For qualifying criteria Financial Position and General Experience: each partner of JVCA shall meet at least 40 (forty) percent (%) of the criteria, the leading partner shall meet not less than 60 (sixty) percent (%) of the criteria.

All partners of JVCA jointly shall meet the criteria for Specific Experience.

• Subcontractor’s Requirements: Tenderers who plans subcontract more than 10 (ten) percent (%) of total volume of works shall specify in the Tender, the activity(-ies) or parts of the works to be subcontracted along with complete details of the sub-contractors and their qualification and experience. The qualification and experience of the sub-contractors must meet the following minimum criteria for the relevant works to be sub-contracted failing which such sub-contractors will not be permitted to participate:

1. the successful experience as a contractor (prime contractor or subcontractor) in the execution at least 2 (two) contracts during the last 5 (five) years, the amount of which is comparable with the cost of works proposed for subcontracting;
2. the successful experience as a contractor (prime contractor or subcontractor) in the execution at least 2 (two) contracts during the last 5 (five) years, with a nature and complexity comparable to the proposed works for subcontracting; and
3. shall satisfy the requirements for eligibility.

Tendering for contracts to be financed with the proceeds of a loan from the Bank is open to firms from all countries. The proceeds of the Bank’s loan will not be used for the purpose of any payment 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.

A two stage tender procedure will be adopted and will proceed as follows:

(a)   the First Stage tender will consist of a technical proposal only, without any reference to prices, and a list of any deviations to the technical and commercial conditions set forth in the tender documents or any alternative technical solutions a tenderer wishes to offer, and a justification therefor, provided always that such deviations or alternative solutions do not change the basic objectives of the project. Following evaluation by the Employer of the First Stage tenders, the Employer will invite each tenderer who meets the qualification criteria and who has submitted a technically responsive tender to a clarification meeting. The proposals of all such tenderers will be reviewed at the meeting and all required amendments, additions, deletions and other adjustments will be noted and recorded in a Memorandum.

Only qualified tenderers submitting a technically responsive and acceptable First Stage tender will be invited to submit a Second Stage tender.

(b)   the Second Stage tender will consist of an updated technical tender incorporating all changes required by the Employer as recorded in the Memorandum to the clarification meeting or as necessary to reflect any amendments to the tender documents issued subsequent to submission of the First Stage tender; and the commercial tender.

Tender documents may be obtained upon payment of a non-refundable fee EUR 200 (two hundred euros) equivalent, which shall be paid to the Lviv Communal Enterprise “Zelene Misto”:

The bank accounts for transfer of payment for the documents are:

For payment in EUR:

CORRESPONDENT BANK: COMMERZBANK AG

Neue Mainzer Strasse 32-36,

60261 Frankfurt Am Main,Germany

SWIFT: COBADEFF

BANK OF BENEFICIARY”S: JSB “UKRGASBANK”

1, Yerevanska Str., KYIV. UKRAINE

SWIFFT: UGASUAUK

BENEFICIARY: Lviv Communal Enterprise “ZELENE MISTO”

Account of beneficiary 26008924428687

ACCOUNT BANK OF BENEFICIARY:  4008864332 01

For payment in Ukrainian currency (at the exchange rate of the National Bank of Ukraine on the date of payment):

Lviv Communal Enterprise ” ZELENE MISTO ”

JSB “UKRGASBANK”

1, Yerevanska Str., KYIV. UKRAINE

MFO 320478, Account 26008924428687

Identification Code 13838331

No. of certificate of VAT payer 1713504500224

Individual tax number 138383313503

The Tenderer shall state the purpose of payment “Payment for receiving tender documents of the Contract “Procurement of Supply and installation of the leachate treatment plant for Hrybovychi landfill with leachate throughput capacities up to 300 m³/day, located in Lviv region, Ukraine”.

If requested, the Tenderer could send letter with added bank transfer order the documents on the company’s letterhead, after that will be promptly dispatched by courier and, in addition, electronically via e-mail but no liability from the Employer can be accepted for loss or late delivery.

A Pre-tender meeting will take place on January, 15, 2019 at 11:00 am local time at the address below.

First Stage tenders must be delivered to the address below on or before January, 31, 2019 at 11:00 am local time, at which time they will be opened in the presence of those Tenderers’ representatives who choose to attend.

All Second Stage tenders must be accompanied by a Tender Security of EUR 60,000 (sixty thousand euro) or the equivalent amount in another freely convertible currency or in the Ukrainian Hryvnia, determined at the official rate(s) of the Ukrainian Hryvnia against foreign currencies established by the National Bank of Ukraine as of the date of the tender security issue and must be delivered to the address below in time and date of the submission deadline specified in the Letter of Invitation to submit Second Stage tenders, at which time they will be opened in the presence of the tenderers’ representatives who wish to attend.

The applicable procurement rules are the Bank’s Procurement Policies and Rules (PP&R, Rev. November 2017) which can be located at: https://www.ebrd.com/work-with-us/procurement/policies-and-rules.html

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

Prospective Tenderers may obtain further information from, and inspect and acquire the tender documents at, the following office:

Lviv Communal Enterprise «Zelene Misto»

City Hall, Rynok Square 1, Lviv, 79008, Ukraine

Contact person: Mr. Vadym Nozdria, Director,

Tel: +38 (032) 297 55 78, Email:  zelene.misto@lvivcity.gov.ua