2.1.1.
Purpose
Main nature of the contract: Works
Main classification (cpv): 45000000 Construction work
2.1.2.
Place of performance
Country subdivision (NUTS): Търговище (BG334)
Country: Bulgaria
Additional information: The contracting authority concludes a written contract with the designated contractor for the award of the public procurement, subject to the provisions of Article 112 of the Public Procurement Act. The amount of the performance guarantee shall be 1% /one / percentage of the total value of the contract. The contracting authority also envisages providing a guarantee for securing the funds provided in advance for the implementation of the construction and installation works. The guarantee to guarantee the advance payment shall be equal to the amount of the advance granted, under the terms of the contract. Note: If the participant selected as contractor does not request an advance payment, it shall no longer be obliged to provide a guarantee for the advance. The performance guarantee and the advance payment guarantee may be deposited by bank transfer to the bank account of the Assignor indicated below or presented in the form of an unconditional and irrevocable bank guarantee or in the form of insurance that secures the performance by covering the contractor's liability. The guarantee for the performance of the contract shall be extended, if necessary, according to the requirements of the Contracting Authority. The participant shall choose the form of the performance guarantee and the advance payment guarantee himself. The tenderer awarded this contract shall provide the bank guarantee or the insurance or payment document for the guarantee lodged by bank transfer for performance of the contract and a guarantee for advance payment at the conclusion of the contract. Where the Participant chooses to lodge the performance guarantee and the advance payment guarantee by bank transfer, this shall be made to the following account: IBAN : BG04FINV915033UB034683 BIC: FINVBGSF BANK: When the participant chooses the guarantee for performance of the contract to be a bank guarantee, it should be an unconditional and irrevocable bank guarantee, be in favor of the Assignor and contain an obligation of the guarantor bank to make payment at the first written request of the Assignor under the contract, declaring that there is a breach of an obligation of the Contractor or another reason for withholding the Performance Guarantee under the Contract, to be valid for the entire duration of the Contract plus 30 (thirty) days after the termination of the Contract, where necessary the period of validity of the bank guarantee is extended or a new one is issued. Where the participant chooses that the performance guarantee under the contract or the advance payment guarantee shall be insurance covering performance under the Contractor's liability, it shall comply with the following conditions: - To be unconditional, irrevocable to secure the performance by covering the contractor's liability and due at the first written request, in which the Contracting Authority declares that the Contractor has not fulfilled an obligation under the contract for the award of the public procurement. - To be provided to be paid once, not in instalments. - The sum insured shall be equal to the amount of the performance guarantee. - To be issued by an insurance company licensed and registered in accordance with the requirements of the Insurance Code and the Commercial Law of the Republic of Bulgaria for carrying out activities under item 15 ‘Guarantees’ of Section II, letter ‘A’ of Annex № 1 to the Insurance Code or to have notified the Financial Supervision Commission (FSC) that it wishes to carry out activities on the territory of the Republic of Bulgaria under the conditions of the right of establishment or the freedom to provide services, including to conclude the classes of insurance under item 15 ‘Guarantees’ of Section II, letter ‘A’ of Annex № 1 to the Insurance Code on the territory of the Republic of Bulgaria (for an insurance company registered in an EU Member State or another State party to the Agreement on the European Economic Area); - The Employer should be indicated as a third beneficiary (Beneficiary) in the insurance policy under this insurance; - The Contractor shall deliver to the Contracting Authority under the contract one original of the insurance policy. The General Terms and Conditions of the Insurer (and the Special Terms and Conditions, if applicable) of this type of insurance should be applied to it; - The insurance must explicitly state the subject of the public contract for which the performance guarantee under the contract or the advance payment guarantee is presented; - The insurance must cover only the risks related to the realization of the contract subject to the public procurement and may not be used to secure the responsibility of the CONTRACTOR under another contract; - The insurance policy shall commence on the date of entry into force of the contract which is the subject of the public procurement and end on the date of expiry of the contract which is the subject of the public procurement. The policy should set an extended deadline for claims arising from non-performance of the contract subject to the public procurement – plus 30 (thirty) days after its expiry; - In order to prove the validity of the insurance, the Contractor must provide the Contracting Authority with a document certifying the premium paid, a copy certified ‘true to the original’. Where the guarantee is subject to a charge: The guarantee in the form of insurance may be granted only where the value of the funds advanced or of the performance guarantee is equal to or less than EUR 255 645,94. Upon presentation of the guarantee guarantee, the payment order, the bank guarantee or the insurance shall explicitly state the subject of the public procurement for which the performance guarantee is presented. Where the selected contractor is a grouping which is not a legal entity, any of its partners may be an orderer of the bank guarantee, respectively an importer of the amount of the guarantee or a holder of the insurance.
2.1.6.
Grounds for exclusion
Sources of grounds for exclusion: Notice
Participation in a criminal organisation: The applicant or participant has been convicted by a final judgment of an offence under Article 321 or Article 321a of the Criminal Code (Article 54(1)(1) of the PPA) or of an analogous offence in another Member State or third country (Article 54(1)(2) of the PPA).
Corruption: The applicant or participant has been convicted by a final judgment of an offence under Article 301-307 of the Criminal Code (Article 54(1)(1) of the PPA) or of an analogous offence in another Member State or third country (Article 54(1)(2) of the PPA).
Fraud: The applicant or participant has been convicted by a final judgment of an offence under Article 209-213 of the Criminal Code (Article 54(1)(1) of the PPA) or of an analogous offence in another Member State or third country (Article 54(1)(2) of the PPA).
Terrorist offences or offences linked to terrorist activities: The applicant or participant has been convicted by a final judgment of an offence under Articles 114a to 114s of the Criminal Code (Article 54(1)(1) of the PPA) or of an analogous offence in another Member State or third country (Article 54(1)(2) of the PPA); Article 108a of the Criminal Code (amended and supplemented, promulgated in SG No 84 of 6 October 2023, in the version in force until 30 January 2026) as a criminal offence covered by Article 57(1) of Directive 2014/24/EU)
Money laundering or terrorist financing: The applicant or participant has been convicted by a final judgment of an offence under Article 253-260 of the Criminal Code (Article 54(1)(1) of the PPA) or of an analogous offence in another Member State or third country (Article 54(1)(2) of the PPA).
Child labour and including other forms of trafficking in human beings: The applicant or participant has been convicted by a final judgment of an offence under Article 159a-159d of the Criminal Code (Article 54(1)(1) of the PPA) or of an analogous offence in another Member State or third country (Article 54(1)(2) of the PPA).
Breaching obligation relating to payment of taxes: The applicant or participant has tax obligations within the meaning of Article 162(2)(1) of the Tax and Social Insurance Procedure Code and the interest thereon to the State or to the municipality in which the contracting authority and the applicant or participant have their registered office, or similar obligations under the legislation of the State in which the applicant or participant is established, evidenced by an effective act of a competent authority (Article 54(1)(3) of the Public Procurement Act).
Breaching obligation relating to payment of social security contributions: The applicant or participant has obligations for compulsory social security contributions within the meaning of Article 162(2)(1) of the Tax and Social Insurance Procedure Code and the interest thereon to the State or the municipality of the seat of the contracting authority and the applicant or participant, or analogous obligations under the legislation of the State in which the applicant or participant is established, evidenced by an effective act of a competent authority (Article 54(1)(3) of the Public Procurement Act).
Breaching of obligations in the fields of environmental law: The applicant or participant has been convicted by a final judgment of an offence under Article 352-353f of the Criminal Code (Article 54(1)(1) of the PPA) or of an analogous offence in another Member State or third country (Article 54(1)(2) of the PPA).
Breaching of obligations in the fields of social law: The applicant or participant has been convicted by a final judgment of an offence under Article 172 or Article 192a of the Criminal Code (Article 54(1)(1) of the PPA) or of an analogous offence in another Member State or third country (Article 54(1)(2) of the PPA).
Breaching of obligations in the fields of labour law: The applicant or participant has committed an infringement under Articles 118, 128, 245 and 301-305 of the Labour Code, established by a final penal decree or court decision, or similar infringements established by an act of a competent authority, in accordance with the legislation of the country in which the applicant or participant is established (Article 54(1)(6) of the Public Procurement Act).
Direct or indirect involvement in the preparation of this procurement procedure: There is inequality in the cases under Article 44(5) of the Public Procurement Act (Article 54(1)(4) of the Public Procurement Act)
Conflict of interest due to its participation in the procurement procedure: There is a conflict of interest within the meaning of § 2(21) of the Additional Provisions to the Public Procurement Act which cannot be remedied (Article 54(1)(7) of the Public Procurement Act).
Misrepresentation, withheld information, unable to provide required documents or obtained confidential information of this procedure: It is established for the applicant or participant that: - has submitted a false document proving the declared absence of grounds for exclusion or the declared fulfilment of the selection criteria (Article 54(1)(5) of the Public Procurement Act); - has not provided the required information related to the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria (Article 54(1)(5) of the PPA). If you apply an optional ground under Article 55(1)(5) of the PPA, please add a corresponding description.
Breaching of obligations set under purely national exclusion grounds: The candidate or participant shall have any of the following circumstances: has been convicted by a final judgment of offences under Articles 194 to 208, 213a to 217, 219 to 252 and 254a to 255a and 256 to 260 NK (Article 54(1)(1) of the Public Procurement Act); has committed infringements under Article 61(1), Article 62(1) or (3), Article 63(1) or (2), Article 228(3) of the Labour Code and Article 13(1) of the Labour Migration and Labour Mobility Act, established by a final penal decree or court decision (Article 54(1)(6) of the PPA); circumstance under Art. 3, item 8 of the Economic and Financial Relations with Companies Registered in Preferential Tax Regime Jurisdictions, the Persons Controlled by Them and Their Beneficial Owners Act; circumstances under Article 113 of the Court of Auditors Act; with a penalty imposed under Article 83a(5)(1) of the ZANN – temporary ban on participation in public procurement procedures
Bankruptcy: The candidate or participant has been declared bankrupt within the meaning of the Commerce Act (Article 55(1)(1) of the Public Procurement Act)
Insolvency: The applicant or participant is subject to insolvency proceedings (Article 55(1)(1) of the Public Procurement Act)
Arrangement with creditors: The applicant or participant has concluded an out-of-court settlement with its creditors within the meaning of Article 740 of the Commerce Act (Article 55(1)(1) of the Public Procurement Act)
Analogous situation like bankruptcy, insolvency or arrangement with creditors under national law: Under the legislation of the State in which he is established, a non-resident is in a situation similar to: bankrupt; in insolvency proceedings; in winding-up proceedings; an out-of-court settlement with creditors; discontinued activity (Article 55(1)(1) of the Public Procurement Act)
Assets being administered by liquidator: The candidate or participant is subject to liquidation proceedings within the meaning of the Commerce Act (Article 55(1)(1) of the Public Procurement Act)
Business activities are suspended: The applicant or participant has ceased its activity (Article 55(1)(1) of the Public Procurement Act)
Grave professional misconduct: The applicant or participant is deprived of the right to exercise a particular profession or activity under the law of the country where the act was committed (Article 55(1)(2) of the PPA)
Agreements with other economic operators aimed at distorting competition: The applicant or participant has entered into an agreement with other persons with the aim of distorting competition, where the infringement has been established by an act of a competent authority (Article 55(1)(3) of the PPA)
Early termination, damages, or other comparable sanctions: The candidate or tenderer has been proven guilty of non-performance of a public procurement contract or a works or service concession contract resulting in its termination or early termination, payment of damages or other similar penalties, except where the non-performance affects less than 50 per cent of the value or volume of the contract (Article 55(1)(4) of the Public Procurement Act).