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Public call on 20 kV cells in SS 110/35/10(20) kV Centralna

Documentation for Public Call No. 01-01/2022 through negotiated procedure with prior publication of public
notice

PUBLIC CALL No. 01-01/2022

THROUGH NEGOTIATED PROCEDURE WITH PRIOR PUBLICATION OF NOTICE FOR


AWARDING

SINGLE CONTRACT FOR PUBLIC PROCUREMENT OF

PLC METERS AND ADDITIONAL EQUIPMENT

Economic Operator/
Tenderer:

Address:

EVN Macedonia AD
Archives
Location of Tender Submission Str. Lazar Lichenoski br. 11
1000 Skopje
Republic of North Macedonia

Received on:

Place and Date Authorized Signature


Economic Operator/Tenderer

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Public call on 20 kV cells in SS 110/35/10(20) kV Centralna
Documentation for Public Call No. 01-01/2022 through negotiated procedure with prior publication of public
notice

Contents of Tender Documents:

I. CALL FOR SUBMISSION OF APPLICATIONS FOR PARTICIPATION


II. FORM OF APPLICATION FOR PARTICIPATION
III. BRIEF DESCRIPTION OF PROCEDURE
IV. INSTRUCTIONS TO ECONOMIC OPERATORS
V. ANNEXES

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Public call on 20 kV cells in SS 110/35/10(20) kV Centralna
Documentation for Public Call No. 01-01/2022 through negotiated procedure with prior publication of public
notice

I. CALL FOR SUBMISSION OF APPLICATIONS FOR PARTICIPATION

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Public call on 20 kV cells in SS 110/35/10(20) kV Centralna
Documentation for Public Call No. 01-01/2022 through negotiated procedure with prior publication of public
notice

I. CALL FOR SUBMISSION OF APPLICATIONS FOR PARTICIPATION

Dear Bidders,

EVN Macedonia AD Skopje in it’s own name and in the name of group of contracting authorities according
concluded agreement for conducting a joint procurement Nr. 12-6/5 dd 10.02.2022, concluded between EVN
Macedonia AD, Skopje and Elektrodistribucija Dooel Skopje (hereinafter referred to as ‘contracting authority’),
with address: Str. Lazar Lichenoski br. 11, Skopje, tel. 00389(0)72 933 351, e-mail: irena.radevska@evn.mk;
Hristina.Petkovska-Nevcheva@evn.mk, Aleksandar.Dzhorlev@evn.mk, nada.kocare@evn.mk, requires
concluding of Framework agreement for procurement of 20 kV cells in SS 110/35/10(20) kV Centralna by
the means of open call for awarding contract through negotiated procedure with prior publication of notice.

For that purpose, the contracting authority carries out a procedure for procurement through negotiated
procedure with prior publication of notice, cluding a Framework agreement with validity of 2 yerars + 1
optional year for procurement of 20 kV cells in SS 110/35/10(20) kV Centralna through negotiated
procedure with prior publication of notice no. 01-01/2022, in accordance with the valid Law on Public
Procurement (hereinafter: the PPL).

This procedure is carried out using electronic means through the Electronic Public Procurement System
(hereinafter: EPPS), available at the following Internet address https://www.e-nabavki.gov.mk.

All interested economic operators may submit their application to participate in the first stage of the negotiated
procedure with prior publication of notice for the abovementioned subject of the Public Procurement Contract
in electronic form through ESPP (Electronic public procurement system) and they must be electronically signed
using Qualified certificate for electronic signature from the responsible person of the economic operator or a
person authorized by him, no later than 21.03.2022 until 14:00 local time.

The certificate must be valid at least until the moment of the public opening, ie the deadline for submitting the
Application for participation.

If the applications to participate is signed by a person authorized by the responsible person, an authorization
for signing the applications to participate signed by the responsible person shall be submitted.

Note: More detailed information on the method of digital signature is contained in the manual "General and
technical recommendations for using the EPPS for economic operators and contracting authorities" published
on the home page of the EPPS in the section "Documents".

The applications to participate together with the required complete documentation in the first stage of the of
the negotiated procedure with prior publication of notice for the abovementioned subject of the Public
Procurement Contract are submitted through the ESPP to the following web address: https://www.e-
nabavki.gov.mk.

After the deadline for submitting applications to participate, they will not be able to apply through the EPPS.

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Public call on 20 kV cells in SS 110/35/10(20) kV Centralna
Documentation for Public Call No. 01-01/2022 through negotiated procedure with prior publication of public
notice

Enclosed with this invitation, the economic operator receives Tender Documentation under the Notice No. 06-
07/2021 and in accordance with the negotiated procedure with prior publication of notice, which contains all
relevant information for drawing up the application to participate, as well as the documentation for the second
stage of the procedure, including а application for initial financial proposal with a Proposal Form and a single
contract model.

The opening of the applications to participate and of the initial financial proposals shall not be public.

Commission for awarding Single contract for procurement of 20 kV cells in SS 110/35/10(20) kV


Centralna:

1. Irena Radevska (EVN Macedonia AD, Skopje, Procurement and material management department)
– President
2. Hristina Petkovska Nevcheva (EVN Macedonia AD, Skopje, Procurement and material management
department) – Vice President
3. Aleksandar Dzhorlev (Elektrodistribucija DOOEL, Skopje, Department of High Voltage Installations)
– member
4. Nada Kocare (Elektrodistribucija DOOEL, Skopje, Department of High Voltage Installations) –
member

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Documentation for Public Call No. 01-01/2022 through negotiated procedure with prior publication of public
notice

II. FORM OF APPLICATION FOR PARTICIPATION

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Documentation for Public Call No. 01-01/2022 through negotiated procedure with prior publication of public
notice

II. FORM OF APPLICATION FOR PARTICIPATION

Based on Public Award Notice No. 01-01/2022 published by EVN Macedonia AD Skopje on behalf of a group
of Contracting Authorities and pursuant to the Joint Procurement Contract No. 12-6/5 dd 10.02.2022, signed
between EVN Macedonia AD Skopje and Elektrodistribucija Dooel (Ltd) Skopje (hereinafter: the Contracting
Authority) by concluding a Framework agreement on procurement 20 kV cells in SS 110/35/10(20) kV
Centralna through the negotiation procedure including a notice publication, and based on Tender Documents
acquired by the Contracting Authority, we submit the following:

APPLICATION FOR PARTICIPATION

1. GENERAL SECTION

1.1. Name of Economic Operator: ___________________________________________________________

1.2. Contact information:

 Address:____________________________________________________________________________

 Telephone:__________________________________________________________________________

 Mobile phone:______________________________________________________________________

 Fax:_______________________________________________________________________________

 Email:______________________________________________________________________________

 Contact persons: _____________________________________________________________________

_____________________________________________________________________

1.3. Responsible person:____________________________________________________________________

1.4. Tax No.:______________________________________________________________________________

 Buyer of Bank:_______________________________________________________________________

 Bank account:_______________________________________________________________________

1.5. Company Registration (Identification) Number: ___________________________________________

1.6. After reviewing and fully understanding all information provided in Tender Documents regarding Notice
No. 07-08/20201 and especially Phase I of the negotiated procedure with prior publication of notice, WE, the
undersigned, hereby submit an Application for Participation in the first stage of the negotiated procedure
with prior publication of notice as economic operators for awarding the following Public Procurement Contract:
Framework agreement for procurement of 20 kV cells in SS 110/35/10(20) kV Centralna.

1.7. Our Application for Participation consists of the following sections:

- Annex 1: Completed General Information Form together with Section II. FORM OF APPLICATION FOR
PARTICIPATION;

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- Annex 2: Statement no. 1 – Documents submitted by the Economic Operator as means of proof
confirming the absence of grounds for exclusion;
- Annex 3: Statement no. 2 – Documents proving Economic Operator’s capacity to perform
professional activity;
- Annex 4: Statement no. 3 - Documents proving Economic Operator’s technical or professional
capacity, including Reference List Form;
- Annex 5: Statement no. 4 – Quality Assurance Systems Standards;
- Annex 6: Statement no. 5 – Standards for environmental management system
- Annex 7: Statement no. 6 – Authorization of the Bidder by the Manufacturer;
- Annex 8: Statement no. 7 – Authenticity of the Application for Participation and Bid;
- Annex 9: Statement no. 8 – List of Confidential Information/Documents;
- Annex 10: Technical Specification/s (signed) and all supporting documents required to prove the items
specified/required in the Technical Specifications of the Purchaser;
- Annex 11: Model Single Contract (signed and completed, except for the price section);
- Annex 12: Bid Form (ECONOMIC OPERATOR SHALL SUBMIT THIS DOCUMENT EXCLUSIVELY
IN PHASE II OF THE PROCEDURE, after receiving a Call to submit an Initial Financial
Offer);
- Annex 13: General Procurement Conditions (signed);
- Annex 14: Social Responsibility Clause (signed);
- Joint Tender Submission Agreement (applicable only to a group of Economic Operators).

ALL DOCUMENTS ARE ELECTRONICALLY SIGNED USING THE QUALIFIED CERTIFICATE FOR
ELECTRONIC SIGNATURE FROM THE RESPONSIBLE PERSON OF THE ECONOMIC OPERATOR OR A
PERSON AUTHORIZED BY HIM.

1.8. By submitting this Application for Participation, we fully accept the conditions set out in the Notice and
Tender Documents and we do not dispute your right (i.e. the Contracting Authority’s right) to cancel the
procedure for awarding a Public Procurement Contract pursuant to Article 114 of the PPL.

Place and date Economic Operator’s Authorized/Responsible Person*

___________________________ ___________________________________
(signature)

* Document is electronically signed using the qualified certificate for electronic signature from the
responsible person of the economic operator or a person authorized by him.

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notice

III. BRIEF DESCRIPTION OF PROCEDURE

Notice No. 01-01/2022, i.e. the tender procedure related thereto is implemented in two phases as follows:

1. Phase I: Submission of Application for Participation

2. Phase II: Submission of an Initial Financial Offer for the conclusion of Single Contract by eligible Economic
Operators in Negotiated procedure with prior publication of public notice, followed by negotiations:

PHASE I:

In order for the Economic Operator to be eligible to participate in the negotiated procedure with prior
publication of public notice for the selection of an economic operator for awarding public procurement
contract – Framework agreement for procurement of 20 kV cells in SS 110/35/10(20) kV Centralna,
Economic Operator shall submit a Phase I Application for Participation, which shall be accompanied by
the following legibly filled out documents:

- Annex 1: Completed General Information Form together with Section II. FORM OF APPLICATION FOR
PARTICIPATION,
- Annex 2: Statement no. 1 – Documents submitted by the Economic Operator as means of proof
confirming the absence of grounds for exclusion,
- Annex 3: Statement no. 2 – Documents proving Economic Operator’s capacity to perform
professional activity,
- Annex 4: statement no. 3 – Documents proving Economic Operator’s technical or professional
capacity, including Reference List Form,
- Annex 5: Statement no. 4 – Quality Assurance Systems Standards,
- Annex 6: Statement no. 5 – Standards for environmental management system
- Annex 7: Statement no. 6 – Authorization of the Bidder by the Manufacturer;
- Annex 8: Statement no. 7 – Authenticity of the Application for Participation and Bid;
- Annex 9: Statement no. 8 – List of Confidential Information/Documents;
- Annex 10: Technical Specification/s (signed) and all supporting documents required to prove the items
specified/required in the Technical Specifications of the Purchaser;
- Annex 11: Model Single Contract (signed and completed, except for the price section);
- Annex 12: Bid Form (ECONOMIC OPERATOR SHALL SUBMIT THIS DOCUMENT EXCLUSIVELY
IN PHASE II OF THE PROCEDURE, after receiving a Call to submit an Initial Financial
Offer);
- Annex 13: General Procurement Conditions (signed);
- Annex 14: Social Responsibility Clause (signed);
- Joint Tender Submission Agreement (applicable only to a group of Economic Operators).

All interested economic operators may submit their applications to participate in the first stage of the
negotiated procedure with prior publication of notice for the abovementioned subject of the Public
Procurement Contract in electronic form through ESPP (Electronic public procurement system) and they must be
electronically signed using Qualified certificate for electronic signature from the responsible person of the
economic operator or a person authorized by him, no later than 21.03.2022 until 14:00 local time.

The certificate must be valid at least until the moment of the public opening, ie the deadline for submitting the
Application for participation.

If the application to participate is signed by a person authorized by the responsible person, an authorization for
signing the applications to participate signed by the responsible person shall be submitted.

The applications to participate together with the required complete documentation in the first stage of the of
the negotiated procedure with prior publication of notice for the abovementioned subject of the Public

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notice

Procurement Contract are submitted through the ESPP to the following web address: https://www.e-
nabavki.gov.mk.

After the deadline for submitting applications to participate, they will not be able to apply through the EPPS.

Communication between the contracting authority and economic operators

Any communication and exchange of information in accordance with the provisions of this Law, and in
particular the submission of bids or applications for participation, shall be performed using electronic means
through the EPPS.

PHASE II:

Following the evaluation by the Contracting Authority’s designated Commission of Applications for
Participation submitted in the negotiated procedure with prior publication of public notice and based on the
Report on Evaluation of Candidate Capacity in the negotiation procedure including the publication of a notice,
which shall be an integral part of the Report on the Tender, the Contracting Authority shall take a Decision on
the candidates selected.

Pursuant to Article 113, Contracting Authority shall notify the applicants on its decisions about their determined
capacity, whereby such Notification shall be delivered within three days as of the Decision, except in cases of
administrative control. A copy of the Decision shall be attached to the Notification. Contracting Authority shall
send an Invitation to selected candidates to submit an Initial Financial Offer within a specified period.

Initial Financial Offer shall be made by completing the Offer Form annexed to Tender Documents.

Note: Initial Financial Offer shall be submitted solely in Phase II of the Call, only by candidates
qualified for the next phase.

Any Economic Operator may participate only with one Financial Offer.

Initial Financial Offer is submitted through the EPPS, by 14:00 h local Macedonian time, while the date of the
deadline for submission of Initial Financial Offers shall be additionally specified in the Application/Invitation to
submit an Initial Financial Offer.

The deadline for submission of Initial Bids shall be ten days as from the date of sending the Invitation to tender.

After the deadline for submitting applications to participate, they will not be able to apply through the EPPS.

If there are modifications or additions made to Tender Documents, Contracting Authority shall extend the initial
deadline for submission of Applications for Participation or the deadline in the Request/Invitation for an Initial
Financial Offer in order to allow all Economic Operators to familiarize themselves with all the information
required for the preparation of their Bids, whereby the deadline for submission of Bids or Applications for
Participation shall be extended in proportion to the complexity of modification or addition to be made to
Tender Documents in the last eight days of the period for submission of Bids or Applications for Participation.

Criteria for Awarding a Public Procurement Contract

Contracting Authority shall select the best Bidder by applying the negotiated procedure with prior publication
of public notice, according to the criterion of economically most favorable bid - evaluated through price-
100 points, according to the tender documentation, offered by all qualified bidders who met the criteria for
determining the ability of economic operators listed in the tender documentation for public call no. 06-07 /
2021.

Communication between the contracting authority and economic operators

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Any communication and exchange of information in accordance with the provisions of this Law, and in
particular the submission of bids or applications for participation, shall be performed using electronic means
through the EPPS.

IV. INSTRUCTIONS TO ECONOMIC OPERATORS

1. General Information

1.1. General Information on Contracting Authority

The Contracting Authority includes a group of Contracting Authorities consisting of EVN Macedonia AD Skopje
and Electricity Company Ltd (Elektrodistribucija Dooel) Skopje, Skopje with address at ul.„Lazar Lichenoski“, no.
11, Skopje, telephone 00389(0)72 933 351, email: nabavki@evn.mk, web: www.evn.mk.

Contracting Authority’s contact information regarding the respective procurement procedure is as follows:

For technical issues:


E-mail Telephone
Aleksandar.Dzhorlev@evn.mk 00389(0)72 932 878
nada.kocare@evn.mk 00389(0)72 933 229
For commercial issues:
E-mail Telephone
Hristina.Petkovska-Nevcheva@evn.mk 00389(0)72 931 427
irena.radevska@evn.mk 00389(0)72 933 351

1.2. Subject of Public Award Notice and Procedure for Conclusion of Public Procurement Contract

Subject of Public Award Notice and procedure for the conclusion of a Public Procurement Contract is
concluding of Single Contract on the procurement of 20 kV cells in SS 110/35/10(20) kV Centralna. A
more detailed description of the subject of Public Procurement Contract is given in Annex 9 - Technical
Specifications and other Technical Documents within the present Tender Documents.

1.3. Definitions

Certain terms used in these Tender Documents shall have the following meanings:

1. “Public Procurement Contract” shall mean any written contract between one or more Economic Operators
and one or more Contracting Authorities, whose subject is the supply of goods, provision of services or
performance of construction works;
2. “Public Procurement Procedure” shall mean a procedure carried out by one or more Contracting
Authorities for the purpose of purchasing or acquiring goods, services or works;
3. “Goods Procurement Contract” shall mean any public procurement contract whose subject is the purchase
of one or more products (goods) through an immediate purchase, purchase by way of deferred payment
or lease with or without an option to purchase the goods. Goods Procurement Contract may also include
services for such goods’ setting or installation;
4. “Economic Operator” shall mean any natural or legal person or a group of such persons, including any
temporary associations, which either on the market or in public procurement procedures offer goods,
services or works;
5. “Bidder” shall mean any Economic Operator that has submitted a Bid;
6. “Candidate” shall mean any Economic Operator requesting to participate or invited to participate in a
negotiation procedure including any notice publication, negotiation procedure without notice publication,
qualification system etc.
7. “Subcontractor” shall mean any legal or natural person that for the Bidder with which the Contracting
Authority has concluded a Public Procurement Contract or Single Contract, supplies goods, provides
services or performs works directly related to the execution of the Contract or Single Contract;
8. “Tender Documents” shall mean any document developed by the Contracting Authority or referred to by

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the Contracting Authority which describes or defines the elements of a particular procurement or
procedure, including contract award notice, prior information notice or periodic indicative notice used as a
replacement of contract award notice, Technical Specifications, descriptive documentation, proposed
contract terms, forms filled out by candidates or bidders, information on generally applicable regulations
and any supporting documents thereto;
9. “Acceptable Bid” shall mean any Bid submitted by the Bidder that meets the requirements for determining
the capacity, needs and requirements of the Contracting Authority referred to in its Technical
Specifications and other Tender Documents, which is timely and has no unusually low price, and whose
final price does not exceed the funds provided or the funds that can be additionally provided by the
Contracting Authority under the Law;
10. “Inadequate Bid” shall mean any bid which does not meet the needs and requirements of the Contracting
Authority set out in its Tender Documents without significant changes;
11. “Inadequate Application for Participation” shall mean an application for participation submitted by any
candidate that should be excluded because it does not meet the requirements for determining its capacity
in the procedure;
12. “Single document proving the capacity” shall mean a document issued by the Central Registry of the
Republic of Macedonia containing information that proves the elements of Economic Operator’s capacity;
13. “Written” or “In writing” shall mean any expression consisting of words or figures which can be read,
reproduced and subsequently communicated, including information transmitted and stored by electronic
means, provided that the security of such content is ensured and the signature is identifiable;
14. “Electronic means” shall mean any electronic equipment for processing and storing of data (including
digital compression), which are transferred, delivered and received by wire, radio or optical means or by
any other electromagnetic means;
15. “Lifetime” shall mean any consecutive and/or interlinked phases, including necessary research and
development, production, trade in accordance with conditions, transport, use and maintenance during the
existence of any product or construction or service provision, starting from the acquisition of raw materials
or generation of resources up to the writing off, destroying or terminating such service or product use;
16. “Utilities (Sector Activities)” in this procedure shall mean any activity in the area of energy, referred to in
Articles 12 and 17 of the Public Procurement Law;
17. “Standard” shall mean any document drafted by consensus and approved by a recognized body that, for
the purpose of shared and repeated use, provides rules, guidelines and characteristics of any activities or
results of such activities aimed at achieving the most favorable degree of regularity in a certain area,
including:
а) “International Standard” shall mean any standard adopted by an international standards
organization available to the public,

b) “European Standard” shall mean any standard adopted by a European standards organization
available to the public; and

c) “National Standard” shall mean any standard adopted by a national standards body available to
the public;

18. “Technical Reference” shall mean any document that is not European or national standard and was issued
by either a national or European standardization body in accordance with procedures tailored to market
needs;
19. “Electronic Public Procurement System (hereinafter: EPPS)” shall mean the single information system
available on the Internet, which is used to provide greater efficiency, transparency and cost-effectiveness
in public procurement;
20. “Equivalent” shall mean that the product or service offered has the same or better technical characteristics
than those indicated in the Technical Specification referring to subject of procurement;
21. “Market Price” shall mean any relevant market price taking into account the subject of procurement,
market development, Tender Documents’ conditions such as payment, delivery date, quantity, warranty,
collateral etc.;
22. “Single Contract” shall mean any written agreement between one or more Contracting Authorities and
one or more Economic Operators laying down the main terms and conditions to be regulated by Public
Procurement Contracts to be awarded within a specified period, particularly in terms of price and if
possible, in terms of quantities envisaged;

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23. “Contracting Authority’s Responsible Person” shall mean the director of a legal entity;
24. “Special or Exclusive Right” shall mean any right granted by a competent authority pursuant to the PPL,
any by-law or management act, which limits the performance of utilities (sector activities) to one or more
entities, and which substantially affects the ability of other entities to perform such activities;
25. “Conformity Assessment Body” shall mean any body that performs activities for establishment of
compliance, including calibration, testing, certification and inspection, accredited in accordance with
material regulations; and
26. “Alternative Bid” shall mean any Bid by which the Bidder offers the subject of procurement that meets the
minimum requirements or standards envisaged by the Contracting Authority in Tender Documents, but in
a different way and with different technical characteristics or methods than those determined by Technical
Specifications.

1.4. Type of Public Procurement Award Procedure

Public Procurement Contract shall be awarded by a negotiated procedure with prior publication of public notice
pursuant to the Public Procurement Law applicable as at the date of publication of the Public Procurement
Contract Award Notice.

This procedure shall not be conducted by the use of electronic means through the Electronic System for Public
Procurement. This procedure shall not be conducted by means of an electronic auction.

The minimum deadline for submission of Initial Offers shall be ten days as from the date of sending the
Invitation (Call) to submit an Initial Financial Offer.

1.5. Special Manner of Public Procurement Contract Award

This procedure shall end upon the awarding of the single contract, its signing by both parties and upon full
performance of the deliveries and fulfillment of the conditions set out in the single contract.

The single contract shall be concluded with one economic operator.

1.6. Applicable Regulations

This procedure shall be conducted in accordance with the Public Procurement Law of the Republic of North
Macedonia (hereinafter: the PPL) applicable as at the day of publication of negotiated procedure with prior
publication of public notice.

In preparing its Application for Participation/Bid, the Economic Operator shall have regard to applicable
regulations concerning taxes and other public dues, labor relations, working conditions and safety at work,
especially the Law on Safety and Health at Work, and other regulations relevant to the subject of Contract. All
regulations can be found in the relevant editions of the Official Gazette of the Republic of North Macedonia.
Economic Operator can receive any additional information about the applicable regulations regarding the areas
above from the Public Revenue Office, Ministry of Finance (about taxes and other public dues), Ministry of
Labor and Social Policy (on labor relations, working conditions and occupational safety at work), Ministry of
Economy (Energy Law), Ministry of Transport and Communications etc.

1.7. Source of Funds

Funds for the implementation of the Public call for awarding public procurement contract and the associated
Single Contract for public procurement subject to this procedure shall be provided from Contracting Authority’s
own sources of financing.

1.8. Right to Participation

To participate in the procedure, the economic operator must register with the ESPP and have a qualified
electronic signature certificate in accordance with the electronic signature regulations. The economic operator

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is registered in the ESPP by filling in a registration form which is an integral part of the ESPP (On the home page
of the ESPP in the section "Economic Operators" there is a link "Register").

Note: At the time of submitting a group offer, all members of the group must be registered on the Electronic
Public Procurement System.

Any interested domestic or foreign Economic Operator registered for activities related to the subject of the
Public call for awarding public procurement contract and the associated Single Contract shall have the right to
submit an Application for Participation and the Single Contract related thereto.

An Economic Operator may participate with only one Application for Participation within the same public
procurement contract award procedure.

Persons participating in the development of Tender Documents must not be Bidders or members of a Group of
Bidders in the contract award procedure. Participation in a technical dialogue shall not be considered
participation in the development of Tender Documents.

All Applications for Participation or Bids shall be rejected if any Candidate/Economic Operator or Bidder:
- participates in more than one individual Application for Participation and/or as a member in a Joint
Application for Participation or Bid or
- participates as a subcontractor in another individual and/or joint Application for Participation or Bid or
- has negative references for a period of 1 year from the date of the publication of the latest negative reference
as laid down in the Public Procurement Law of the Republic of North Macedonia.

Employees of the Contracting Authority or external persons/companies/consultants on the side of the


Contracting Authority involved in the development of Tender Documents regarding the public procurement
contract award procedure or evaluation of Applications for Participation/Bids must in no way be related to the
Economic Operator or be subcontractors of the Economic Operator, according to the Law on Prevention of
Conflict of Interest.

An Economic Operator with one or more negative references and a Group of Economic Operators where an
Economic Operator with negative reference is a member shall not be eligible to participate in this tender
procedure.

1.8 a. Group of Bidders

A Group of Bidders shall have the right to submit a Bid with no obligation for association in a legal form.

An integral part of a Joint Tender shall be an Agreement for Submission of Joint Tender by which the members
of the Group of Economic Operators shall be bound both mutually and to the Contracting Authority to execute
the Public Procurement Contract, and such Joint Tender shall contain information particularly in regard to the
following:
- Lead member of the Group that shall submit the Bid and represent the Group before the Contracting
Authority,
- Member of the Group that shall sign the Public Procurement Contract on behalf of the Group of Economic
Operators,
- Member of the Group issuing the invoice and bank account for payments,
- Member of the Group that shall, on behalf of the Group of Economic Operators, provide a Bid Guarantee in
the form of a bank guarantee or deposit, if such is foreseen in Tender Documents,
- Brief description of responsibilities of each member of the Group of Economic Operators to perform the
Contract, and
- Any other information specified by the Contracting Authority in Tender Documents.

Members of a Group of Economic Operators shall be jointly and severally liable to the Contracting Authority for
the obligations undertaken by their Bid.

Members of the Group of Economic Operators shall be registered in the EPPS.

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The lead member of the Group shall sign the following: Application for Participation, required Statements and
overall documentation prepared and signed by the lead member.
Any member of the Group of Economic Operators may not withdraw from the Group of Economic Operators
until the conclusion of the Public Procurement Contract if:
- It is a lead member responsible for the Group of Economic Operators,
- The Group of Economic Operators cannot prove the fulfillment of the qualification criteria as requested in the
procedure without such member,
- Such member provides the Bid Guarantee in the form of a bank guarantee or deposit (if such is required in the
bank guaranteed tender procedure), or
- The other members of the Group do not jointly take over the responsibilities of the member of the Group that
wishes to withdraw from the Group of Economic Operators.

Any withdrawal of a member of the Group of Economic Operators shall be considered as withdrawal of the
Joint Tender under the provisions of this Section in these Tender Documents.

Following the selection of the best Bid, the Contracting Authority may request from the Group of Economic
Operators to get associated in an adequate legal form for the purpose of contract performance.

Contracting Authority shall communicate with the appointed representative of the Group of Bidders specified in
the Joint Tender Contract.

1.8. b. Sub-suppliers/Subcontractors

Economic Operator/Bidder may hire Sub-suppliers/Subcontractors or assign some portion of its Public
Procurement Contract to a Sub-supplier/Subcontractor.

If the economic and financial standing, as well as technical and professional capacity of the Economic
Operator/Bidder is not supported by any other entities in the form of sub-suppliers/subcontractors, it shall not
be obliged to submit any documentation proving the absence of grounds for exclusion from the procedure,
professional competence and economic and financial capacity of subcontractors, and it shall be required to
submit some documentation proving its technical and professional capacity.

1. Economic Operator/Bidder may assign any part of its Public Procurement Contract to a sub-
supplier/subcontractor or hire a sub-supplier/subcontractor.

2. If the Bidder uses a sub-supplier/subcontractor in the performance of its Public Procurement Contract, the
Bid shall:
- list all sub-suppliers/subcontractors and every part of the Contract it intends to assign to any sub-
suppliers/subcontractors;
- contain contact information on the legal representatives of its sub-suppliers/subcontractors proposed;
- be supported by documents determining the capacity of its sub-suppliers/subcontractors proposed; and

3. Lead Contractor may, during Public Procurement Contract execution, request from the Contracting Authority
as follows:
- If the Economic Operator/Bidder intends to assign some part of its Contract to one or more sub-
suppliers/subcontractors, the Bid must specify the information related to the parts of the Contract intended to
be assigned to sub-suppliers/subcontractors, as well as information on all proposed sub-
suppliers/subcontractors (including the company’s name, address, tax number, ID number etc.).

- If the economic and financial standing, as well as technical and professional capacity of the Economic
Operator/Bidder is supported by other entities in the form of sub-suppliers/subcontractors, it shall submit some
documents which prove the absence of grounds for exclusion of the Economic Operator from the procedure,
its professional capacity, economic and financial and technical and professional capacity of subcontractors.

Bidder shall be responsible to the Contracting Authority for the execution of Public Procurement Contract,
regardless of the number of its sub-suppliers/subcontractors.

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Introducing either one or more new sub-suppliers/subcontractors shall not exceed 30% of the value of the
Contract exclusive of VAT (i.e. its total share in the Public Procurement Contract, whether a part of the Contract
has been previously assigned to any sub-suppliers/subcontractors or not).

Contracting Authority shall not request from the Bidder to engage any particular sub-suppliers/subcontractors
to perform the Contract, nor shall it request from the Bidder to carry out any other activities such as exports of
certain goods or services.

1.9. Costs of Submission of Application for Participation and Initial Financial Offer

Economic Operator/Bidder shall bear any costs related to the preparation and submission of Application for
Participation/Bid, i.e. any expenses for the respective tender procedure, while the Contracting Authority shall
not be responsible for such costs regardless of the implementation and outcome of the public procurement
contract award procedure.

1.10. Selection Criteria

 Selection criteria - criterion of economically most favorable bid - evaluated through price-100
points, according to the tender documentation, offered by all qualified bidders who met the criteria
for determining the ability of economic operators listed in the tender documentation for public call no.
01-01/2022.

Evaluation method of Application for Participation and Financial Offer:

Bids are evaluated by criteria – „ the lowest price“.

Each Economic Operator can participate with only one offer. Submission of alternative bids shall not be
allowed.

1.11. Prevention of Conflict of Interest

To prevent conflict of interest in public procurement procedures, the provisions of the Law on Conflict of
Interest shall apply respectively.

(1) The Economic Operator must not, in the performance of its Public Procurement Contract, hire any persons
who have been involved in the evaluation of bids submitted in the public procurement contract award
procedure. In such case, the Contract shall be considered invalid (null and void).

(2) In the procurement process, the president, deputy president, members and deputy members of the Public
Procurement Commission (hereinafter: the Commission), as well as the responsible person therein, shall sign a
Statement on Non-existence of Conflict of Interest which shall be an integral part of the file on the procedure
implemented.

(3) In case of conflict of interest with the president, deputy president, members and deputy members, they shall
be released from work in the Commission and inform the responsible person thereof, and be replaced by other
persons.

(4) In case of conflict of interest with the responsible person, such person shall, by a special decision, authorize
another person from Contracting Authority’s managerial staff to make adequate decisions and sign the
Contract.

(5) Any Contracting Authority’s person who has participated in public procurement procedures where the total
value of contracts awarded to such Contractor in the last year before the expiry of such person’s employment
was greater than 5% of the total value of all contracts that the Contracting Authority or its affiliated persons
made in such period, must not, within two years as from the termination of employment with such Contracting
Authority:

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а) Establish employment, enter into service contract or in any other way be hired by such Contractor or
by such Contractor’s affiliates;

b) Directly or indirectly receive any financial compensation or exercise any other benefit from the
Contractor or its affiliated entities; and/or

c) Acquire any shares or stocks in the Contractor or any Contractor’s affiliated entity.

In case of violation of the above, the Contracting Authority shall notify the State Commission for Prevention of
Corruption and the Public Prosecutor’s Office of the Republic of North Macedonia thereof.

Any persons participating in the development of Tender Documents must not be Bidders or members of a
Group of Bidders in this public procurement procedure.

1.12. Manner of Communication between Contracting Authority and Economic Operators

Any communication and exchange of information in accordance with this Documentation, and in particular the
submission of bids or applications for participation, is performed using electronic means through the EPPS.

Any application, information, notification and other documents in the procedure are sent in electronic form
through the EPPS (https://www.e-nabavki.gov.mk).

Each document shall be recorded at the time of its sending and the moment of its receiving.

The manner of submission of the Application for Participation and Bid is specified in Section 3 of these Tender
Documents, i.e. “Preparation and Submission of Application for Participation/Bid”.

1.13. Language of Application for Participation/Initial Financial Offer

Tender Documents shall be available in the Macedonian language (Note: certain parts of Technical
Specifications may be available in Macedonian and English).

Application for Participation/Initial Financial Offer and the entire correspondence and any documents related
thereto (i.e. documents regarding Economic Operator’s capacity, professional activity, economic and financial
standing, professional and technical capacity) shall be submitted in the Macedonian language and Cyrillic script
or in terms of foreign bidders, in the language of the Economic Operator/Bidder, including an English
translation thereof verified/confirmed by the Economic Operator/Bidder.

Any printed literature may also be in another language. Contracting Authority reserves the right, in the phase of
evaluation of Applications for Participation/Bids, to request from the Economic Operator/Bidder to have its
literature submitted in another language translated into Macedonian and/or English.

1.14. Confidential Information

Contracting Authority shall protect the information designated by the Economic Operator as confidential,
especially when it comes to trade secrets or intellectual property rights and copyright, except in cases where
the Contracting Authority shall submit this information to any competent authorities by law (in case of appeal
under the PPL, administrative dispute, etc.). For this purpose, the Economic Operator shall make a List of
Confidential Information (Annex 8 of Tender Documents) and submit such List together with the Application for
Participation/Bid.

If the Economic Operator fails to submit a List of Confidential Information together with its Application for
Participation/Bid, then the Contracting Authority shall consider that such Bid does not contain any confidential
information.

The Bid price shall not be considered confidential information in any case, in line with the PPL provisions.

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1.15. Clarification, Modifications or Additions to Tender Documents

(1) Economic Operator may request clarification of Tender Documents from the Contracting Authority solely in
an electronic form through the ESPP, using the module “Questions and Answers”, no later than eight (8) days
prior to the deadline for submission of Bids.

Contracting Authority shall answer any questions or requests for clarification or modifications posed by
Economic Operators in connection with Tender Documents, provided that they are submitted at least eight (8)
days prior to the deadline for submission of Bids or Applications for Participation.

(2) Contracting Authority may, within a period of no longer than (6) six days, at its discretion or based on the
questions or requests posed by Economic Operators, modify or supplement its Tender Documents.

(3) Any responses and modifications to Tender Documents shall, free of charge and as soon as possible, be
made available by the Contracting Authority in the same way as it was done with Tender Documents, no later
than six (6) days as from the deadline for submission of Bids or Applications for Participation.

The contracting authority will submit the clarification through the EPPS, in the module “Questions and
Answers”, after which all economic operators who have undertaken tender documentation will receive
automatic electronic notification that the question has been answered and will be able to read the clarification,
without , to identify the economic operator that requested clarification.

(4) In case of any modifications to Tender Documents or deadline extension thereof, the Contracting Authority
shall electronically notify thereof all Economic Operators that have obtained Tender Documents up until such
modifications, and it shall publish such modifications in the EPPS.

2. ESTABLISHMENT OF ECONOMIC OPERATORS’ CAPACITY

2.1. Capacity Establishment Requirements

While determining the capacity of Economic Operators, the Contracting Authority shall establish:

- Whether there are grounds for exclusion from the procedure


- Whether the requirements for qualitative selection laid down in Articles 89, 90, 91 and 92 of the
Public Procurement Law have been fulfilled, or
o Capacity to perform professional activity
o Economic and financial standing
o Technical and professional capacity, and
o Whether the quality system standards and environmental management standards stipulated in
Articles 93 and 94 of the Public Procurement Law have been met

2.2. Grounds for Exclusion from Procedure

(1) Contracting Authority shall exclude from the procurement procedure any Economic Operator, if it finds that
the Economic Operator or a person being a member of the Management or Supervisory Board of such
Economic Operator or having powers of representation or decision-making or supervision over such Economic
Operator, in the last five years, has been pronounced a legally enforceable judgement for a crime with
elements of the following offenses stipulated in the Criminal Code:
- Participation in a criminal association,
- Corruption,
- Evasion of taxes and contributions,
- Terrorism or crimes related to terrorist activities,
- Money laundering and terrorism financing, or
- Abuse of child labor and trafficking in human beings.

(2) Contracting Authority shall exclude from the public procurement procedure any Economic Operator that:

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а) Has unpaid taxes, contributions or other public dues unless it was granted any deferred payment of its
taxes, contributions or other public dues under special regulations, and it pays them regularly;
b) Is in a bankruptcy or liquidation procedure;
c) Has been imposed a ban on participation in public bidding procedures, public procurement contract
award procedures or public-private partnership contract procedures;
d) Has been imposed a temporary or permanent ban on performance of certain activity;
e) Has been imposed a misdemeanor sanction in terms of the prohibition of performing a profession,
activity or duty, i.e. certain activity; or
f) Gives any false information or fails to provide any information requested by the Contracting Authority.

(3) Contracting Authority shall exclude any Economic Operator from the public procurement procedure if at the
time of submission of Applications for Participation in the qualification system and/or by the deadline for
submission of Initial Financial Offers, the Economic Operator was included in the List of Negative References
Issued and Available in the EPPS.

(4) Contracting Authority shall exclude the Economic Operator from the public procurement procedure in cases
of exclusion grounds specified in these Tender Documents, if:

a) The Contracting Authority has justifiably concluded that the Economic Operator with any other
Economic Operator has reached an agreement whose purpose or effect is competition distortion. It shall
be considered that the Contracting Authority’s contract conclusion under this Section is justified if the
Competition Protection Commission, on the basis of a report by the Contracting Authority and within 15
days, informs the Contracting Authority that it shall initiate an infringement procedure;

b) If the Economic Operator has shown any significant or persistent deficiencies in meeting its key
commitments under any previous public contracts or preliminary agreements on concessions and public-
private partnerships concluded with such Contracting Authorities resulting in unilateral termination of such
agreements, seeking damages or undertaking any other similar sanctions by such Contracting Authorities;

c) If the Economic Operator illegally influences the Contracting Authority’s decision or obtains any
confidential information that could secure the Economic Operator with any unlawful advantage in the
public procurement procedure.

2.3. Proof of Capacity

(1) Any Economic Operators shall submit certificates, statements and other documents referred to in this
Section as proof that:

- No grounds for exclusion set out in Section 2.3.2. of these Tender Documents (i.e. Article 88 of the
PPL) exist.
Proof:
As documents that there are no grounds for exclusion from this tender procedure, the Contracting Authority
shall accept the following documents:

- For Section 2.2. (1):


- Statement by the Economic Operator that in the last 5 years, the Economic Operator or the person
who is a member of the Management or Supervisory Body of such Economic Operator or who has
powers of representation or decision-making or supervision over such Economic Operator, has not
been imposed a final judgment for a crime with elements of criminal offenses such as participation in
criminal association, corruption, tax and contribution evasion, terrorism or criminal offenses linked to
terrorist activities, money laundering and terrorism financing, as well as child labor abuse and human
trafficking as set out by the Criminal Code;
The statement shall be prepared by the economic operator itself in electronic form and signed with a
qualified electronic signature certificate and shall not be certified by a competent authority.

- For Section 2.2. (2):

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- Certificate(s) issued by a competent authority in the Republic of N. Macedonia or another country


where the Economic Operator is registered, including the following:
- Proof of taxes and other public dues paid, issued by the competent authority of the country where the
Economic Operator is registered;
- Proof that no bankruptcy proceedings were initiated by a competent authority or a single document
that proves the Economic Operator’s capacity;
- Proof that no liquidation procedure was initiated by any competent authority or a single document
that proves the Economic Operator’s capacity;
- Proof by the Register of Penalties for Crimes Committed by Legal Entities that no temporary ban was
imposed on the Economic Operator to participate in public bidding procedures, public procurement
contract awarding and public-private partnership contracts, or a single document that proves the
Economic Operator’s capacity;
- Proof by the Register of Penalties for Crimes Committed by Legal Entities that no temporary ban was
imposed on the Economic Operator to perform professional activity, or a single document that proves
the Economic Operator’s capacity;
- Proof by the Register of Penalties for Crimes Committed by Legal Entities that no secondary penalty
was imposed on the Economic Operator to permanently ban its performance of certain activity, or a
single document that proves the Economic Operator’s capacity;
- Proof that a final judgement was not imposed on the Economic Operator to ban its performance of
profession, activity or duty, or a single document proving the Economic Operator’s capacity; and
- Proof that a final judgement was not imposed on the Economic Operator for temporary ban on its
performance of certain activity, or a single document proving the Economic Operator’s capacity.

The above proofs/certificates shall be issued by the relevant competent authority in the country where the
Economic Operator is registered.

If the country where the Economic Operator is registered does not issue the documents referred to in
Section 2.2.(2) or if such documents do not cover all cases of art. 88 of the PPL, the Contracting Authority shall
accept a Statement of the Economic Operator certified by a competent authority (notary, etc.), in which the
Economic Operator shall clarify which documents are not issued, or specify the documents issued as
replacement thereof, and submit such documents.

- For Section 2.2. (3):


- Excerpt from the List of Negative References provided by the Contracting Authority from the EPPS

(2) The documents referred to in Sections 2.2.(1) and 2.2.(2) must not be older than six (6) months by the
deadline for submission of Bids or Applications for Participation.

(3) In case of a Group of Economic Operators, all members of the Group shall individually prove their lack of
grounds to be excluded from the procedure.

(4) If the Economic Operator or the Group of Economic Operators uses a sub-supplier/subcontractor in
implementing the Public Procurement Contract, it shall submit documentation proving the grounds for its non-
exclusion from this procedure for each of its subcontractors proposed.

(5) Contracting Authority shall reserve the right to further verify the authenticity of documents submitted.

2.4. Conditions for Qualitative Selection of Bidders

Conditions for qualitative selection of Economic Operators shall include:


а) Capacity to perform professional activity;
b) economic and financial ability and
c) Technical and professional capacity.

Using the Capacity of Other Entities

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(1) Economic Operator may, in the public procurement procedure, in order to fulfill the requirements for
qualitative selection in the area of technical or professional capacity, use the capacity of other entities,
notwithstanding any legal relations between them.

(2) Economic Operator may, in the public procurement procedure, use the capacity of any other entity to prove
its fulfillment of requirements for qualitative selection regarding the educational and professional qualifications
or relevant professional experience, only if such other entity performs the works or provides the services for
which such capacity is required.

(3) If the Economic Operator uses the capacity of any other entity, it shall prove by valid proof that such entity
will provide its support by making adequate resources available to the Economic Operator.

(4) Contracting Authority shall verify that the entity whose capacity is used by the Economic Operator meets the
conditions required for its qualitative selection and whether there are any grounds for its exclusion.

(5) If the Economic Operator uses the capacity of another entity in terms of the conditions pertaining to its
economic and financial standing, the Contracting Authority may request from the Economic Operator and the
entity providing such support to undertake joint liability for contract performance.

(6) Group of Economic Operators may use the capacity of the members in the Group or of other entities in the
manner specified in paragraphs (1), (2), (3), (4) and (5) of this Section.

(7) Contracting Authority may, in case of public procurement of goods including services for their placement or
installation, services and works, require that certain key tasks shall be performed by the Bidder, while in case of
a Joint Tender, to be performed by the members of such Group.

While checking the completeness and validity of documents for determining the Economic Operator’s capacity
and evaluating the Bid, the Commission through the EPPS must ask the Bidders to clarify or supplement the
documents for determining the capacity within five working days from the day of submitting the request for
clarification by the Contracting Authority.

Economic Operator, through the EPPS, attaches the document with an explanation or supplement in the
section „Clarification / Supplementation of submitted documents“, within the deadline determined by the
contracting authority which must not be shorter than five working days from the day of receipt of the request
by the bidder.

2.4.1. Capacity to Perform Professional Activity

(1) Economic Operator shall:


а) Be registered as either a private individual or legal entity for performing the activity related to the subject
of procurement
b) Meet the specific requirements for performing the activity set forth in the law pertaining to the subject
of this public procurement.

Proof:
а) Certificate of Registered Activity (DRD Form) as proof that the Economic Operator is registered as either
a private individual or legal entity for performing the activity related to the subject of Public Procurement
Contract or proof that it belongs to a relevant professional association in accordance with the regulations
of the country where it was registered. In the R.N. Macedonia, the competent authority issuing this
document is the Central Registry of the R.N. Macedonia, including the Economic Operator’s Current
Status.

(2) Contracting Authority shall reserve the right to further verify the authenticity of documents submitted.

2.4.2. Technical and Professional Capacity

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If the Economic Operator does not participate as a manufacturer or there is not enough evidence, in order to
prove its compliance with the minimum technical and professional capacity requirements, Economic Operator
shall submit an Application for Participation as a Group of Economic Operators.

Economic Operator or Group of Economic Operators shall meet the following requirements:

2.4.2.1. Contracting Authority shall determine the technical and professional capacity required for quality
contract performance through the following:

1. To fulfill the minimal requirements defined in the technical specifications: technical specification – relay
protection system TS Centralna and technical specification 20kV line-up TS Centralna and to submit all
requested documents which shows the fulfillment of the requests of the technical specifications.

2. Reference lists from the manufacturer for produced and put into use 20kV cells (according to the
requirements in the technical documentation) with certificates from end users.

3. Completed and signed technical specification with all data, description of the cell and the equipment built
into it, technical data for the equipment in accordance with the requirements in the technical documentation,
uniform scheme, dimensional sketches, assembly sketches, production plan, test plan and commissioning test,
delivery deadline, test protocols from an authorized testing facility, which confirm that the offered cells meet
the stated technical requirements.

Proof:

1.Signed Technical specifications - relay protection system TS Centralna and technical specification - 20kV line-
up TS Centralna and to submit all requested documents which shows the fulfillment of the requests of the
technical specifications.

2. The economic operator to submit a form of the reference list (completed and signed) by providing -
Reference lists from the manufacturer for produced and put into use 20kV cells (according to the requirements
in the technical documentation) with certificates from end users for last 3 years.

3. The economic operator to submit a completed and signed technical specification with all data, description of
the cell and the equipment built into it, technical data for the equipment in accordance with the requirements
in the technical documentation, uniform scheme, dimensional sketches, assembly sketches, production plan,
test plan and commissioning test, delivery deadline, test protocols from an authorized testing facility, which
confirm that the offered cells meet the stated technical requirements.

2.4.3. Quality Assurance Systems Standards

Quality Assurance System EN ISO 9001 or equivalent from the equipment manufacturer.

Economic Operator and/or manufacturer shall have established the quality assurance system ISO 9001 or
equivalent.

Under the mutual recognition principle, the Contracting Authority shall accept equivalent certificates issued by
bodies established in the European Union Member States.

Proof:
- A copy of a valid Quality Assurance Certificate ISO 9001 signed by the Economic Operator or any
equivalent certificate.

2.4.4. Standards for environmental management systems

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In order to qualify as capable of executing the respective public procurement contract in terms of the standards
for environmental management systems, the economic operator should meet the following standards:

-The economic operator / supplier / producer should have implemented and operate in accordance with the
implemented environmental management system ISO 14001 (or equivalent), which is the standard for
environmental impact management, which identifies processes that adversely affect the environment and
taking protective measures.

Proof:
-Copy of valid certificate ISO 14001 for environmental management system (or equivalent ) signed by
the Economic Operator.

3. PREPARATION AND SUBMISSION OF APPLICATION FOR PARTICIPATION/INITIAL FINANCIAL


OFFER

3.1. Content of the Application for Participation/Offer

When submitting the Application for Participation in the Negotiated procedure with prior publication of public
notice and the Initial Financial Offer in Phase II of the procedure, the Economic Operator/Bidder shall fully
observe Tender Documents consisting of:

Phase I

- Application for Participation


- Technical Specifications
- Instructions to Economic Operators
- Model of Single contract

Phase II

- Invitation for Submission of Initial Financial Offer


- Table - Price List

Economic Operator/Bidder shall be expected to examine in detail all the documents that are integral parts of
the negotiated procedure with prior publication of public notice, including all instructions, technical
descriptions, specifications and commercial terms. Failure to provide all the information required by Tender
Documents in the negotiated procedure with prior publication of public notice or submission of an Application
for Participation/Bid that does not meet the requirements of the negotiated procedure with prior publication of
public notice will be at Economic Operator’s risk and may lead to rejection of Economic Operator’s Application
for Participation/Bid.

3.2. Content of the Application for Participation

Application for Participation shall be prepared according to Tender Documents published by the qualification
system for public procurement contract awards in the EPPS and it shall consist of the following:

 Annex 1: Completed General Information Form together with Section II. FORM OF APPLICATION FOR
PARTICIPATION;
 Annex 2: Statement no. 1 – Documents submitted by the Economic Operator as means of proof
confirming the absence of grounds for exclusion;
 Annex 3: Statement no. 2 – Documents proving Economic Operator’s capacity to perform professional
activity;
 Annex 4: Statement no. 3 – Documents proving Economic Operator’s technical or professional
capacity, including Reference List Form;
 Annex 5: Statement no. 4 – Quality Assurance Systems Standards;
 Annex 6: Statement no. 5 – Standards for environmental management system

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 Annex 7: Statement no. 6 – Authorization of the Bidder by the Manufacturer;


 Annex 8: Statement no. 7 – Authenticity of the Application for Participation and Bid;
 Annex 9: Statement no. 8 – List of Confidential Information/Documents;
 Annex 10: Technical Specification/s (signed) and all supporting documents required to prove the items
specified/required in the Technical Specifications of the Purchaser;
 Annex 11: Model of Single contract (signed and completed, except for the price section);
 Annex 12: Bid Form (ECONOMIC OPERATOR SHALL SUBMIT THIS DOCUMENT EXCLUSIVELY
IN PHASE II OF THE PROCEDURE, after receiving a Call to submit an Initial Financial Offer);
 Annex 13: General Procurement Conditions (signed);
 Annex 14: Social Responsibility Clause (signed);
 Joint Tender Submission Agreement (applicable only to a group of Economic Operators).

Economic Operator shall use the forms provided in these Tender Documents, where they shall be filled out
without any modifications to their form. Otherwise, the Application for Participation/Bid submitted on any form
which does not contain all the elements required by Tender Documents, may be rejected as unacceptable.

If the Economic Operator cannot fully and comprehensively express its Bid on the Bid Form provided in these
Tender Documents, it may submit an addition to its Bid as a separate document, i.e. Addition to the Bid Form.

Application for Participation/Bid shall be made in accordance with the conditions provided in Tender
Documents, in an electronic form, using the forms attached hereto.

3.3. Form and Signing of Application for Participation/Bid

(1) The Application for Participation/ Bid is submitted in electronic form through the EPPS and it must be
electronically signed using a digital certificate from the responsible person of the economic operator or a
person authorized by him.

When submitting the Application for participation / Bid in electronic form through the EPPS, a larger number of
documents can be attached, but the size of one attached document should not exceed 5 MB.

If the Application for Participation/ Бid is signed by a person authorized by the responsible person, an
authorization for signing the bid signed by the responsible person shall be submitted. More detailed
information on the method of digital signature is contained in Annex 1 of the “ESPP User Manual” published on
the home page of the EPPS in the section “Economic Operators”.

(2) Additional information on the use of digital certificates:

- The application for participation/ Bid is signed electronically using a digital certificate, which is issued by a
registered issuer of certificates in the Ministry of Finance of the Republic of North Macedonia;

- A foreign economic operator may electronically sign an offer using a qualified digital certificate issued by a
registered issuer of certificates based in the European Union.

- In case of use of a qualified certificate issued by a publisher based in a third country, the certificate can be
considered valid if one of the following 3 (three) conditions are met:

- the issuer meets the requirements for a qualified certificate prescribed by the Law on Electronic Data
and Electronic Signature) and is voluntarily accredited to the European Union or

- a registered domestic issuer guarantees a foreign certificate as if it had issued it itself or

- so that it is agreed with a bilateral or multilateral international agreement concluded between the
Republic of North Macedonia and another country or international organization.

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(3) The Commission reserves the right, if during the evaluation it doubts the validity of the confirmed certificate
or the issuer of certificates, to request additional information or documents which will prove the validity of the
certificate.

(4) Holder of the digital certificate with which documents are signed, which are an integral part of the
Application for participation / bid (financial and technical bid, statements, etc.), must be an authorized
signatory of the economic operator or a person authorized by the authorized signatory.

(5) The Аpplications for Participation/ Bids signed with a digital certificate whose holder is a person who has no
authorization to sign the bid, will be rejected as bids with formal deficiencies.

3.4. Manner of Submission of Application for Participation/Bid

(1) Contracting Authority may also accept Applications for Participation by any Economic Operators that did not
obtain the Tender Documents, but it shall not be obliged to share any possible modifications to Tender
Documents with such Economic Operators, while the Initial Financial Offer may be submitted only by Economic
Operators who have qualified for the procedure.

(2) Economic Operator shall submit its documents in accordance with Section III. BRIEF DESCRIPTION OF
PROCEDURE

Economic Operators may submit their documents as hard copy in non-standard formats and size before the
deadline for submission of Bids.

3.5. Deadline and Place for Submission of Applications for Participation/Bids

(1)Application for Participation along with the required complete documentation in the first phase of the
through negotiated procedure with prior publication of public notice for the above subject of the public
procurement contract should be submitted in electronic form through ESPP and they should be electronically
signed using a qualified electronic signature certificate. by the responsible person of the economic operator or
a person authorized by him, no later than 21.03.2022 until 14:00 local time.

The certificate must be valid at least until the moment of the public opening, ie the deadline for submitting the
application for participation.

If the application to participate is signed by a person authorized by the responsible person, an authorization for
signing the application to participate signed by the responsible person shall be submitted.

(2) The Application to participate together with the required complete documentation in the first stage of the
of the negotiated procedure with prior publication of public notice for the abovementioned subject of the
Public Procurement Contract are submitted through the ESPP to the following web address: https://www.e-
nabavki.gov.mk.

After the deadline for submitting application to participate, they will not be able to apply through the EPPS.

(3) The deadline for submission of Bids shall be specified in the Invitation to submit an Initial Financial Offer,
delivered only to qualified candidates.

4) The application for participation/ Bid submitted after the deadline for submission of bids will not be accepted
in the EPPS, ie it will be automatically rejected, for which both the contracting authority and the economic
operator will be notified.

3.6. Alternative Applications for Participation/Bids

Alternative Applications for Participation/Bids shall not be allowed in this Public Procurement Contract Award
procedure.
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3.7. Modification, Replacement and Withdrawal of Application for Participation/Bid

(1) Economic Operators/Bidders may modify, replace or withdraw their Applications for Participation/Initial
Financial Offers after submitting such Applications for Participation/Initial Financial Offers, provided that these
modifications, replacements or withdrawals are received by the Contracting Authority before the deadline for
submission of Applications for Participation/Initial Financial Offers.

(2) Any modifications, replacements or withdrawals of Bids shall be implemented through the EPPS in the
module “Submit a bid”, by adding new documents, deleting already submitted documents, or complete
withdrawal of the bid.

(3) The Bid may not be modified, replaced or withdrawn after the deadline for submission of Applications for
Participation/Initial Financial Offers.

3.8. Content of Initial Financial Offer

Initial Financial Offer shall be prepared by filling out the Offer Form, enclosed to these Tender Documents.

Note: The Initial Financial Offer shall be submitted only in Phase II of the Public Notice and only
by the qualified candidates. The submission deadline for Initial Financial Offers shall be ten days following
the delivery of the Invitation to submit such Offers.

The prices in the Offer are to be stated in the respective fields and enclosed to the Offer with a legally valid
signature, as well as in an electronic format (in an Excel format, *.xls).

Any other costs that are not stated by the Contracting Authority in the price list (price matrix), but the existence
of which the Economic Operator is aware of, should be separately listed and appropriately explained by the
Economic Operator. Any additionally requested costs not included in the price list by the Economic Operator
shall not be accepted by the Contracting Authority in case the Framework Agreement is signed and a need of
compensation against such costs arises.

3.8.1. Price Submitted in the Initial Financial Offer

(1) Economic Operator/Bidder shall submit its prices only in Phase II of the tender procedure, in
accordance with the Request of/Invitation to submit an Initial Financial Offer. The Initial Financial Offer is to be
prepared in accordance with the Offer Form.

(2) The prices for the subject of the contract notice shall be fixed for the duration of the Framework
Agreement, denominated in MKD, net of VAT, and including all taxes and other duties. The amount of the VAT
shall be calculated separately and presented in the invoices submitted by the selected tenderer.

All unit prices shall be denominated in Macedonian denars, net of VAT.

All unit prices shall be defined for the place of delivery warehouse Butel, Skopje, with all included expenses
and duties for delivery, without VAT to the place of delivery with unlouding.

In case foreign bidders submit their prices in Euros, the middle exchange rate of the National Bank of the
Republic of North Macedonia valid 14 days prior to the submission of Initial Financial Offers shall be applied for
the purpose of comparison with the bids of domestic bidders. Bids by foreign bidders are to be DDP to the
Location of the Contracting Authority stated in Tender Documents, in accordance with Incoterms 2010, i.e.
customs duties, insurance and unloading included and VAT excluded. In case foreign bidders are not in a
position to submit bids with DDP to the Butel Warehouse, Skopje, then such bids may be submitted DAP Butel
Warehouse, Skopje; in such a case, the Contracting Authority shall use DDP Butel Warehouse, Skopje, for the
comparison of such bids with the other domestic bidders.

All costs incurred in the preparation of the Bid, including all costs of delivery, return, etc., shall be borne by the
Economic Operator.

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(3) The price in the Bid shall be written in both numbers and letters.

3.8.2. Delivery/Execution/Performance Deadline

The period of delivery of goods under this Public Notice shall be agreed upon with the Contracting Authority, in
such a way that it will not obstruct the normal operation of the Contracting Authority. The Economic Operator/
Bidder should submit the shortest possible period of delivery of the subject of the Public Notice, along with a
defined quantity.

Economic Operator shall provide its delivery period in Phase I, along with its Application for
Participation.

3.8.3. Terms of Payment

Standard payment terms of Contracting Authority include 30 days following the date of delivery and full
execution of the Purchase Order under the Framework Agreement and the submission of an invoice.

The date of receipt of the invoice at the Archives of the Contracting Authority shall be deemed the date of
delivery of the invoice.

Invoices shall be submitted in a single copy, to the following address:

EVN Macedonia AD, Skopje


Str. Lazar Lichenoski br. 11
1000 Skopje.
Republic of North Macedonia
Accompanied by a copy of the Order.

The invoice items required are to include the data on the Economic Operator, data about the Contracting
Authority, the number of the one-off agreement, place of costs and items prescribed in the law.

Payment of invoices does not imply that the Contracting Authority acknowledges that the deliveries by the
Economic Operator have been duly carried out or that the Contracting Authority is waving its rights to claims it
is entitled to in terms of any deficiencies in implementing the Agreement.

3.8.4. Validity Period of Applications for Participation/Initial Financial Offers

The period of validity of Applications for Participation/Initial Financial Offers shall be 120 days following the last
date for submission of Applications for Participation/Initial Financial Offers; the Bid shall be binding on the
Economic Operator/Bidder in terms of all of its elements throughout its validity.

In case the date of opening of Applications for Participation/Initial Financial Offers is a non-business day, the
period of validity of Applications for Participation/Initial Financial Offers shall be counted as of the next business
day. Applications for Participation/Initial Financial Offers containing a shorter period of validity than the one set
forth in this Section of Tender Documents shall be rejected as unacceptable.

In certain cases, the Contracting Authority may request that the Economic Operators/Bidders extend the validity
of their Applications for Participation/Initial Financial Offers for an additional period. The Contracting
Authority’s request for extension and the acceptance thereof by the Economic Operators/Bidders shall be
submitted in writing.

3.8.5. Bid Guarantee

Statement of Authenticity of the Application for Participation/Initial Financial Offer

Along with the Application for Participation/Initial Financial Offer, the Economic Operator/Bidder shall also
submit a written Statement of Authenticity of the Application for Participation/Bid as a Guarantee of its
Application for Participation/Bid, using the Statement Form enclosed to these Tender Documents.
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The Statement of Authenticity of the Application for Participation/Bid shall be submitted along with the Bid and
may not be additionally submitted after the expiry of the deadline for submission of the Application for
Participation/Bid.

In case of a violation of the Statement of Authenticity of the Initial Financial Offer, i.e. if the Economic
Operator:

- withdraws its bid prior to the expiration of the period of its validity,

- does not accept the Commission’s correction of arithmetical errors,

- does not sign the Public Procurement Contract in line with the requirements in Tender Documents and the Bid
submitted, etc.

This shall result in exclusion from further procedure and the issuance of a negative reference against such
Bidder in the manner and in accordance with the requirements established under the Public Procurement Law.
The Statement shall be signed by the person signing the Application for Participation/Initial Financial Offer and
accompanied by an Authorization to sign such Statement.

The negative reference shall be published in parallel with the publication of the notification awarding the
contract or canceling the procedure.

The ban of participation in procedures for the award of public procurement contracts shall also refer to the
Group of Economic Operators including the Economic Operator with a negative reference.

4. OPENING OF APPLICATIONS FOR PARTICIPATION/INITIAL FINANCIAL OFFERS

4.1. Opening of Applications for Participation/Initial Financial Offers

Contracting Authority shall open the Applications for Participation/Initial Financial Offers, including any
modifications and withdrawals, without the presence of Economic Operators.

No Application for Participation/Initial Financial Offer other than the ones submitted after the deadline shall be
rejected at the opening of Applications for Participation/Initial Financial Offers.

4.2. Confidentiality of Process of Evaluation of Applications for Participation/Bids

No information related to the review, assessment and comparison of Applications for Participation/Bids in the
evaluation process shall be disclosed to Economic Operators or any third parties not involved in the process.

The process of opening of Applications for Participation/Initial Financial Offers, evaluation of Applications for
Participation/Initial Financial Offers shall be confidential until the Contract is awarded.

All information related to the evaluation of Applications for Participation/Initial Financial Offers shall be
confidential information about the Contracting Authority and shall not be disclosed to Economic Operators/Bids
or any third parties not involved in the evaluation process.

Any attempt on the part of the Economic Operator/Bidder or its associates to influence the evaluation of
Applications for Participation/Initial Financial Offers by the Contracting Authority or the adoption of its decision
may result in invalidity of the Application for Participation/Initial Financial Offer of such Economic
Operator/Bidder.

4.3. Clarification of Applications for Participation/Bids

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In the period of reviewing and evaluating bids, Contracting Authority may ask any Economic Operator for a
clarification of its Application for Participation/Bid.

No change in the prices or the content of the Bid shall be required, offered or allowed, other than for
confirmation of the correction of arithmetic errors identified by the Contracting Authority while evaluating the
Bids.

Any clarification submitted by the Economic Operator with regard to its Application for Participation/Bid not in
response to a request by the Contracting Authority shall not be considered.

4.4. Correction of Arithmetic Errors

In the period of reviewing and evaluating Applications for Participation/Initial Financial Offers, the Contracting
Authority may ask any Economic Operator for a clarification of its Application for Participation/Initial Financial
Offer. The Contracting Authority’s request for clarification and the reply shall be in writing.

(1) If the Bid is acceptable and composed and delivered in accordance with Tender Documents, the Contracting
Authority shall correct the arithmetic errors in the following manner:
- In case of a mismatch between words and numbers, the amount written in words shall prevail.
- In case of discrepancy between the unit and total price, the unit price shall prevail.

The Commission in charge of carrying out the relevant public procurement shall correct the errors in the Bid in
accordance with the procedure described and such Bid shall be deemed binding on the Economic Operator.
In case the Economic Operator does not accept the correction of arithmetic errors, the Bid shall be rejected and
the Bid Guarantee shall be activated/negative reference shall be issued on grounds of violation of the Bid
Authenticity Statement.

4.5. Abnormally Low Bids

(1) In case the Contracting Authority believes that the Bid includes an abnormally low price as regards the
goods or services subject of procurement or in case of a suspicion as to whether the contract will be
implemented, the Contracting Authority shall require from the Economic Operator to clarify the price or cost
stated in the Bid within a reasonable period of not less than five days.
Contracting Authority shall in any case require a clarification of the price if the Bid value is more than 50%
lower than the average price of acceptable bids and more than 20% lower than the next best Bid, in case at
least three acceptable Bids were submitted.

(2) Contracting Authority shall reject the Bid only if the clarification or proofs submitted are insufficient to justify
the low price or costs offered, taking into account the elements in the PPL.

(3) Contracting Authority shall reject the Bid if it finds that it includes an abnormally low price or fails to meet
the applicable requirements for environment protection, social policy and labor protection arising from the
regulations in the Republic of N. Macedonia, the collective bargaining agreements and international treaties
and conventions ratified by the Republic of N. Macedonia.

(4) In case the Contracting Authority establishes that the Bid price is abnormally low due to the Bidder having
received state aid, the Bid may be accepted, provided that the Bidder, having been required to submit
additional clarifications and within three days following the receipt of such request, is able to prove that state
aid has been granted to it.

4.6. Evaluation of Applications for Participation/Bids

(1) Unacceptable Bids shall not be evaluated by the Commission.

(2) Evaluation of Bids shall be done exclusively in accordance with the criteria laid down in Tender Documents
and Bids submitted.

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(3) If necessary, the Commission in charge of the relevant public procurement may involve external experts in its
work.

(4) Applications for Participation/Bids failing to meet the minimum requirements related to the establishment of
Economic Operators’ capacity and the quality assurance criteria shall be rejected.

(5) No later than within 3 days following the adoption of the decision on the candidates selected who will be
furnished with a written Invitation to submit their bids, such selected candidates shall be notified in writing of
the capacity established (i.e. qualification) and that they will be furnished with a written Invitation to submit
their bids. At the same time, all other candidates that have been rejected shall be notified on the adoption of
the decision, informing each candidate that has not been selected of the reasons for rejecting its Application
for Participation and each candidate whose Bid has been rejected of the reasons for rejection of its Bid, with a
detailed explanation as to why the Bid is unacceptable, while the Bidders who have submitted acceptable
Applications for Participation, but whose Application was not selected as the best one, shall be notified of the
name of qualified Economic Operators and the reasons behind their selection.

(6) Following the evaluation and negotiations, the Commission shall rank the Bids and submit a proposal
regarding the selection of the best bid to the Contracting Authority’s responsible person.

In the period of review and evaluation of Applications for Participation/Initial Financial Offers, Contracting
Authority may ask any Economic Operator for a clarification of its Application for Participation/Initial Financial
Offer. The Contracting Authority’s request and the reply shall be in writing. No change in the prices or the
content of the Application for Participation/Initial Financial Offer shall be required, offered or allowed, other
than for the purpose of correcting the arithmetical errors identified by the Contracting Authority in its
evaluation of the Applications for Participation/Initial Financial Offers.

5. AWARDING A PUBLIC PROCUREMENT CONTRACT

Contracting Authority shall award the public procurement contract to the Economic Operator/Bidder with the
best Bid, following the negotiations held and having previously met the technical requirements in accordance
with the Public Notice and Tender Documents.

If in the course of the public procurement contract award procedure the best acceptable bid in accordance
with the requirements of the procedure includes a price that is higher than the amount of funds defined under
the public procurement decision, the Contracting Authority may amend its decision and provide additional
funds required for the implementation of the contract, provided that the price offered is not less favorable than
the real market prices and does not exceed the value threshold prescribed for the type of procedure pursuant
to the Public Procurement Law.

6. NOTIFICATION ON PUBLIC PROCUREMENT CONTRACT AWARD

The best Bidder selected shall be notified that its Bid has been accepted no later than within 3 days following
the adoption of the decision on selecting the best bid. At the same time, all other Economic Operators shall be
notified of the tender results, the decision on the best bidder, as well as of the reasons for not selecting their
bid. Economic Operators that have participated in the procedure are entitled to inspect the Report on the
procedure implemented.

7. LEGAL PROTECTION

Any Economic Operator/Bidder that has a legal interest in winning the public procurement contract and has
suffered or could suffer damages as a result of a potential violation of the provisions in the PPL may seek legal
protection against the decisions, actions and omissi0ns on the part of the Contracting Authority in the public
procurement contract award procedure, in accordance with the conditions and procedure set forth in the
Public Procurement Law, Chapter VIII.

8. CORRUPTION AND IMPROPER CONDUCT

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Throughout the public procurement procedure and implementation of the Contract, the Contracting Authority
shall undertake any measures required in the planning process to detect and remove any corruption or reduce
its damaging consequences.

All Economic Operators are to adhere to the highest ethical standards pertaining to procurements and
performance of the contract.

Contracting Authority shall have the right to reject any Application for Participation/Initial Financial Offer, if it is
established that the Economic Operator has committed any corruptive or inappropriate act, including the
offering, giving or advising on something that may affect the participants in the process of economic operator
selection or incorrect, inappropriate submission of data contributing to the award of the contract.

Contracting Authority shall have the right to disqualify any Economic Operator that has committed any
corruptive or inappropriate act or has had proceedings initiated against it on the grounds of corruption.

9. PROCEDURE CANCELLATION

Contracting Authority may cancel the public procurement contract award procedure pursuant to Article 114 of
the PPL.

10. SIGNING OF/ENTERING INTO A CONTRACT

Contracting Authority shall submit the public procurement contract to the selected best bidder in 4 (four)
counterparts for signing.

The selected best bidder shall be obliged to sign the public procurement contract within 10 days following the
day of receipt thereof and return it to the Contracting Authority. Contracting Authority undertakes to send the
required number of counterparts of the contract to the selected best bidder, once it has been signed by the
Contracting Authority’s Responsible/Authorized Person.

In case the selected best bidder fails to sign the contract within the deadline established under this Section of
Tender Documents, the Contracting Authority shall reserve the right to deem that the selected best bidder has
given up on entering into the contract and to publish a negative reference.

11. CLOSING THE PUBLIC PROCUREMENT AWARD PROCEDURE

The public procurement contract award procedure shall end on the day of effectiveness of the decision on
selection or on cancellation of the procedure.

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V.Annexes:

 Annex 1 – Economic Operator General Information Form;


 Annex 2 – Statement no. 1 – Documents submitted by the Economic Operator as means of proof
confirming the absence of grounds for exclusion;
 Annex 3 – Statement no. 2 – Capacity to perform professional activity;

 Annex 4: statement no. 3 - Technical and professional capacity and a Reference List Form;

 Annex 5 – Statement no. 4 - Quality Assurance Systems Standards;

 Annex 6: Statement no. 5 – Standards for environmental management system

 Annex 7 – Statement no. 6 – Authorization of the Bidder by the Manufacturer;


 Annex 8 - Statement no. 7 – Authenticity of the Application for Participation and subsequently for the
Initial Financial Offer;
 Annex 9 - Statement no. 8 – List of Confidential Information/Documents;
 Annex 10 – Technical Specifications - (signed) as well as all supporting documents necessary to prove
what is stated / required in the technical specifications;
 Annex 11 – Model of Single contract (signed and stamp, except part for price);
 Annex 12 – Initial Financial Offer Form (THE ECONOMIC OPERATOR SUBMITS THIS DOCUMENT
EXCLUSIVELY IN PHASE II OF THE PROCEDURE, after receiving the Invitation for submission of initial
financial bid);
 Annex 13 – General Procurement Conditions;
 Annex 14 – EVN Macedonia’s social responsibility clause.
 Group bid submission agreement (valid only for a group of economic operators);

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ANNEX 1

ECONOMIC OPERATOR GENERAL INFORMATION FORM

1. Name of Economic Operator:

2. Address:

3. Telephone: 4. Contact:

5. Fax: 6.E-mail:

7. Place of incorporation/registration: 8. Year of incorporation/registration:

9. Main activities of Economic Operator:

10. Tax number:

11. Bank account number and bank of Economic Operator

12. Company registration (identification) number

Date Signature of the Economic Operator*

............................................ ....................................................

* Document is electronically signed using the qualified certificate for electronic signature from the
responsible person of the economic operator or a person authorized by him.

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ANNEX 2

STATEMENT 1

Economic Operator/Bidder ........................................................................... shall submit:

(Name of Economic Operator/Bidder)

- A Statement of the Economic Operator that no effective court judgment has been issued over the last
5 years against it or against a person who is a member of the management or supervisory board of
the particular Economic Operator or who is authorized to represent or supervise the latter or to pass
decisions, on grounds of having committed a criminal act involving elements of the following criminal
acts: participation in a criminal association, corruption, tax and contributions evasion, terrorism or
terrorism-related crimes, money laundering and financing of terrorism and child labor abuse and
trafficking in human beings, as stipulated in the Criminal Code;
- A Certificate of duly paid taxes, contributions and other public dues, issued by the competent
authority in the country of registration of the Economic Operator;
- A Letter of Confirmation verifying that no bankruptcy procedure has been initiated by a competent
authority or a single document evidencing Economic Operator’s capacity;
- A Letter of Confirmation verifying that no liquidation procedure has been initiated by a competent
authority or a single document evidencing Economic Operator’s capacity;
- A Certificate issued by the Registry of Sanctions for Crimes Committed by Legal Entities verifying that
no secondary sanction in the form of a ban of participation in public notice procedures, public
procurement contract award procedures and public-private partnership agreements has been issued
against the Economic Operator or a single document evidencing its capacity;
- A Certificate issued by the Registry of Sanctions for Crimes Committed by Legal Entities verifying that
no secondary sanction in the form of a temporary ban on performance of a particular activity has
been issued against the Economic Operator or a single document evidencing its capacity;
- A Certificate issued by the Registry of Sanctions for Crimes Committed by Legal Entities verifying that
no secondary sanction in the form of a permanent ban on performance of a particular activity has
been issued against the Economic Operator or a single document evidencing its capacity;
- A Letter of Confirmation verifying that no effective judgment has been issued against the Economic
Operator in the form of a ban on performance of a profession, activity or duty or a single document
evidencing capacity; and
- A Letter of Confirmation verifying that no effective misdemeanor sanction has been imposed on the
Economic Operator in the form of a temporary ban on performance of a particular activity or a single
document evidencing its capacity.

Place and date Signature of the Economic Operator*

...................................... ..................................................

Note:

- Detailed explanation of the documents required is provided in Section 2.3 in relation with Sections 2.2.1 and
2.2.2. of Tender Documents.

* Document is electronically signed using the qualified certificate for electronic signature from the
responsible person of the economic operator or a person authorized by him.

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ANNEX 3

STATEMENT 2

ECONOMIC OPERATOR’S CAPACITY TO PERFORM PROFESSIONAL ACTIVITY

The Economic
Operator...................................................................................................................................................
(Name of Economic Operator/ Bidder)

is to duly fill in and verify this Statement and enclose the following documents hereto.

1. A Registered Activity Document (DRD Form) evidencing that the Economic Operator is registered as a
physical or legal entity performing the activity related to the subject of the public procurement
contract or evidencing its membership in an adequate professional association in accordance with the
regulations of the country of its registration. In the Republic of North Macedonia, the Central Registry
of the Republic of North Macedonia is the issuing authority of this document.

o Documents evidencing the Economic Operator’s capacity to perform professional activity

 A DRD Form

 A Current Status Statement

Note:

- Detailed explanation of the documents required is provided in Section 2.4.1 of Tender Documents.

Place and date Signature of the Economic Operator*

...................................... ....................................................

* Document is electronically signed using the qualified certificate for electronic signature from the
responsible person of the economic operator or a person authorized by him.

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ANNEX 4

STATEMENT 3

TECHNICAL AND PROFESSIONAL CAPACITY OF THE ECONOMIC OPERATOR

In case the Economic Operator is not applying as a manufacturer, it is to submit an application for participation
as a Group of Economic Operators, to prove its compliance with the minimum requirements for technical and
professional capacity.

Economic Operator/Bidder ................................................................................. shall:


(Name of Economic Operator/Bidder)

Duly fill in and verify this Statement and to enclose the following documents hereto:

1.Signed Technical specifications - relay protection system TS Centralna and technical specification - 20kV line-
up TS Centralna and to submit all requested documents which shows the fulfillment of the requests of the
technical specifications.

2. Form of the reference list (completed and signed) by providing - Reference lists from the manufacturer for
produced and put into use 20kV cells (according to the requirements in the technical documentation) with
certificates from end users.

3. Description of the cell and the equipment built into it, technical data for the equipment in accordance with
the requirements in the technical documentation, uniform scheme, dimensional sketches, assembly sketches,
production plan, test plan and commissioning test, delivery deadline, test protocols from an authorized testing
facility, which confirm that the offered cells meet the stated technical requirements.

Note:

- Detailed explanation of the documents required is provided in Section 2.4.2. of Tender Documents.

Place and date Signature of the Economic Operator*

................................................ ....................................................

* Document is electronically signed using the qualified certificate for electronic signature from
the responsible person of the economic operator or a person authorized by him.

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Reference List Form

Reference List of Deliveries/Services in the last 3 years

Address and Detailed


Value of Contract
Buyer / contact details description of
Ref. goods/ Period of number
Contracting of Buyer/ goods/ Quantity
no. services delivery
Authority Contracting services
supplied
Authority supplied

10

Note:

- Contracting Authority shall have the right to check the validity of the data provided by the Economic Operator

- The Bidder shall also submit letters of confirmation issued by its Buyers.

- Economic Operator/Bidder shall fill out and verify solely this form.

The Form may be filled out as many times as necessary.

- While filling out the Reference List Form, the Economic Operator/Bidder shall take into account the
requirements in Tender Documents.

The data are valid Economic Operator/Bidder*

_________________________ _________________________

* Document is electronically signed using the qualified certificate for electronic signature from
the responsible person of the economic operator or a person authorized by him.

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ANNEX 5

STATEMENT NO. 4

Quality Assurance Systems Standards

Quality Assurance System ISO 9001 or equivalent

Economic Operator/Bidder..............................................................................................................................
(Name of Economic Operator/Bidder)

is to duly fill in and verify this Statement and to enclose the following documents hereto:

- A copy of a valid Quality Assurance Certificate ISO 9001 or equivalent, stamped and signed by the
Economic Operator and/or from Producer, signed and stamp by the Economic Operator or equivalent
certificate

Note:

- Detailed explanation of the documents required is provided in Section 2.4.3. of Tender Documents.

Place and date Signature of the Economic Operator*

................................................ ....................................................

* Document is electronically signed using the qualified certificate for electronic signature from
the responsible person of the economic operator or a person authorized by him.

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ANNEX 6

STATEMENT NO. 5

Standards for environmental management systems

1.Economic operator.....................................................................................................
(Name of Economic Operator/Bidder)

duly completed and endorsed this statement in favor of it shall submit the following documents:

- Copy of Certificate - ISO 14001 (or equivalent ) which is the standard for environmental management
systems

Note

- Detailed clarification on the documents referred to in item 2.4.4. in the tender documentation.

Place and date Signature of the Economic Operator*

................................................ ....................................................

* Document is electronically signed using the qualified certificate for electronic signature from
the responsible person of the economic operator or a person authorized by him.

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ANNEX 7

STATEMENT NO. 6

AUTHORIZATION OF THE BIDDER BY THE MANUFACTURER

This Declaration is to be issued by the Manufacturer of the material/equipment/products offered, only to


participants that are not manufacturers of the product specified and in relation to the procedure for
procurement of

...................................................................................................................................

The company ................................................................................, as a Manufacturer of the above stated


(Name of Manufacturer)

Products, hereby undertakes to assume responsibility for the products supplied

..................................................................................................................................................................
(please specify the subject of procurement)

of the Economic Operator, the company ................................................................, as part of the agreement


(Name of Economic Operator)

between the Economic Operator (Bidder) with the Contracting Authority EVN Macedonia AD Skopje, as a

Buyer, every time when the Economic Operator defaults on its obligations arising out of the guarantee

provided or the assumed responsibility for the product.

Place and date Signature of Signature of


the Manufacturer the Economic Operator

.................................... ...................................... ..................................

* Document is electronically signed using the qualified certificate for electronic signature from
the responsible person of the economic operator or a person authorized by him.

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ANNEX 8

STATEMENT NO. 7

Bid Authenticity Statement

STATEMENT

__________________________________________ [name of the economic operator] as a participant in the


procurement procedure of ______________________ which is conducted after the public procurement notice
number ___________ published by ______________________, based on Article 101 paragraph 4 of the of the
Public Procurement Law, I declare that I will not take over the actions referred to in paragraph 6 of Article 101
of the of the Public Procurement Law and that the bid is legally binding on us in all its parts until the expiration
of the period of its validity.

We are aware of the consequences of violating this statement, which will lead to the issuance of a negative
reference by the contracting authority in accordance with Article 101 paragraph of the Public Procurement
Law.

Place and date Responsible person / Authorized person *

___________________________ ___________________________

(signature)

* Document is electronically signed using the qualified certificate for electronic signature from
the responsible person of the economic operator or a person authorized by him.

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ANNEX 9

STATEMENT NO. 8

List of Confidential Information/Documents

Contracting Authority shall protect the information designated by the Economic Operator as confidential,
particularly when it comes to business secrets or intellectual property rights, as well as copyright. To that
effect, the Economic Operator is to compose a List of Confidential Information and submit it along with the
Application for Participation/Bid:

1. Name of confidential information / document _____________________________________________

2. Name of confidential information / document _____________________________________________

3. Name of confidential information / document _____________________________________________

4. Name of confidential information / document _____________________________________________

5. Name of confidential information / document _____________________________________________

....

Note:

- Detailed explanation of the documents required is provided in Section 1.14. of Tender Documents.

Place and date Signature of the Economic Operator*

................................................ ....................................................

* Document is electronically signed using the qualified certificate for electronic signature from
the responsible person of the economic operator or a person authorized by him.

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ANNEX 10

Technical Specification and/or other technical documents

(Attached to these Tender Documents)

The bidder / Economic Operator proves the fulfillment of the requirements of the technical specification by
submitting the signed Technical Specification, accompanied by all required / required attachments.

Failure to meet the mandatory requirements of Technical Specification is the basis for non-acceptance of the
Application for participation / Bid.

* Documents are electronically signed using the qualified certificate for electronic signature from
the responsible person of the economic operator or a person authorized by him.

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ANNEX 11

MODEL OF SINGLE CONTRACT

Supplier: Contracting authority:


EVN Makedonija AD, Skopje
Str. Lazar Lichenoski, no. 11
1000 Skopje
Republic of North Macedonia
Contact person:
Tel.: Mail: Elektrodistribucija DOOEL, Skopje
(further DSO)
Str. Lazar Lichenoski, no. 11
1000 Skopje
Republic of North Macedonia

Adress for realisation:


EVN Macedonia AD, Skopje

Contracting authority’s Contact Person:


Irena Radevska
Tel.: +389 72 933 351
Date:

SINGLE CONTRACT number: ХХХХ-22-004-NH-I-E / 45000ХХХХ

Value planned: ХХХ.ХХХ,XX, EUR VAT excluded

conluded between:

EVN Macedonia AD, Skopje (hereinafter: Contracting authority),


Represented by its Management Board, XXXXXXXXXXX

Elektrodistribucija dooel Skopje (hereinafter: Contracting authority),


represented by XXXXX, Managing Director and XXXXXXXXXXXXX, Managing Director

and

ХХХХХХХХХХХ (hereinafter: the Supplier)


represented by: ХХХХХХХХХХХХ

and in relation to the contracting authority’s decision for public procurement no. XXXXXXX Notice no. 01-
01/2022 for public procurement award in the Bureax of Public Procurements published on XX.XX.XXXX, the
delivered technical specifications, technical written proposal of the contractor no.XXXXX from XXXXXX,
financial written proposal of the contractor no. ХХХХХХX from ХХХХХХХХ, as well as the negotiations held on
XXXXXXXXXXXXXX, the Negotiation Protocol and the Final Financial Offer no. XXXXXXX from ХХХХХХХХХ.

Article 1. Subject of the contract


=============================
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Single contract for procurement of 20 kV cells in SS 110/35/10(20) kV Centralna (hereinafter:


equipment), in accordance with the conditions and enclosures defined under this Agreement.

Article 2. Price
================
Price of equipment shall be fixed throughout full execution of the contract, expressed in MKD and exclusive of
VAT, and they shall constitute the entire consideration for the supply of such materials, including all ancillary
and accompanying works to be done by the Supplier and its subcontractors that are required for seamless
operation of the materials and works supplied. The VAT amount shall be separately calculated and stated in
the invoice of the Suplier, in accordance with the Law on Value Added Tax and the secondary legislation acts.

Price shall include all costs for the material, delivered, packed, insured and unloaded by the Supplier at EVN
Macedonia AD, Skopje, with a parity DDP Skopje (Incoterms 2020).

Article 3. Technical conditions


=========================
The contractor shall ensure the delivered equipmentr fully meets the requirements in the technical
specification.

Article 4. Deadline and Place of Delivery


=================================
The Supplier undertakes to deliver the equipmentr within a maximum of _____ days, and mounting and
putting into operation within ____ days, from the day of mutual signing of the contract.

The place of delivery shall be designated by the Client, the DDP Client in accordance with INCOTERMS 2020,
all costs included for the material, delivered, unloaded, mounted and put into operation by the Supplier.

Article 5. Quantitative and Qualitative Receipt


=======================================
Equipment quality shall match the technical characteristics defined by the Buyer in the technical specification.

The Manufacturer of the material is ХХХХХХ.

Supplier shall guarantee the quality within the Manufacturer’s established standards.
In the equipmentr production phase, an interphase check of the production plant shall be allowed to
representatives of the contracting authority.

The total price shall include the equipmentr with the full equipment requested by the contracting authority in
accordance with the technical specification – Annex no. 10.

Both quantitative and qualitative receipt of the material shall be performed by the Client or employees of the
Elektrodistribucija dooel Skopje in accordance with an order by the Client and concluded contract.

The Client shall notify the Supplier in writing of any quantitative or qualitative shortcomings of the equipment
within 30 days following receipt thereof.

Supplier shall be responsible for the material until the moment of transfer of the risk. The risk of transportation
and delivery/unloading at the designated place shall be borne by the Supplier, whereas the risk following the
completed delivery/unloading of the material shall be borne by the Client.

Supplier shall also be responsible for any material deficiencies that may arise even following the transfer of risk,
provided that such deficiencies are results of a previously existing reason.

Supplier shall be responsible for all material and non-material damages inflicted due to a failure to implement
the provisions of this Contract.
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Article 6. Warranty
=================
Warranty of the equipment is _______ months as from the date montage and putting into operation ie
_________ months from the date of delivery.

Supplier undertakes to remove all faults and technical shortcomings that may arise under normal conditions of
exploitation throughout the warranty period; otherwise, it shall replace the defective part of the material or the
entire material. The replacement of deficient parts of the material shall be done by the Supplier at its own cost,
including all other direct or indirect costs.

In case of defects of the material over the warranty period as a result of the poor quality of the materials or
faults in the production or delivery, the Supplier undertakes to replace the material at its own cost upon
request of the Client, within ____ days following receipt of the notification on non-compliance/poor quality.

The supplier shall deliver all necessary use and maintenance manuals related to the delivered equipmentr, in
English or Macedonian language.

The management personal for assemly should speak and write macedonian or english

If the Supplier fails to act upon the request for rectification of any non-compliance/poor quality within the
deadline set, the Client shall have the right to have another company rectify any such non-compliance/poor
quality, irrespective of the duration of the warranty period. The costs incurred as a result shall be borne by the
Supplier.

The obligation for proper performance of the Agreement shall be Supplier’s task.

Article 7. Payment
===============
The Supplier is obliged to submit an invoice to the Client within 5 working days after the realization of the
works.

The payment will be made in two parts: first part within 30 days from the date of delivery of the equipment
and second part within 30 days from the day of installation and commissioning which should not be more
than 3 months from the day of installation , according to the phases of the dynamic plan and submitted
invoice.

Invoices shall be submitted in a single copy to the following address of the Client: Skopje, str. Lazar Lichenoski
no. 11, 1000 Skopje, Republic of North Macedonia, accompanied by a Delivery Note.

In case of any debt towards the Client, the Supplier agrees that the Client may settle any such debt against an
invoice of the Supplier. In doing so, the Client shall inform the Supplier of the debt settlement details.

The invoice shall mandatorily include information about the Supplier and the Client, the number of the SAP
order as per the Single Contract, project number (if specified) and the items stipulated by law.

Article 8. Contractual Penalty


========================
In case of any unforeseen and untimely performance of this Single Contract, as well as in case of low-quality
performance, the Client shall reserve the right to:

- request contractual penalties


- terminate the Agreement without any termination notice
- claim compensation against any damages due to default on the obligations.

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In case the Supplier is in no position to meet the service provision deadline in the course of implementation of
this Agreement, it shall notify the Client in writing thereof and both parties shall attempt to agree upon
another binding delivery deadline.

In case the Supplier fails to complete the delivery requested in an order issued under this Single Contract within
the deadline agreed or completes the delivery outside the deadlines set for reasons of its own fault, the
Supplier shall pay the Client a contractual penalty in the amount of 1% of the value of the order issued under
this Single Contract for each day of delay, but no more than 15% of the value of the order issued under this
Single Contract, VAT excluded. The same agreed penalty shall apply in the event of failure to meet the
deadlines provided for removal of malfunctions within the warranty period, in accordance with the Guarantee
article.

In case of changes in the implementation deadlines introduced on the basis of an agreement, the new
implementation deadline shall apply to the contractual penalty for delays.

In case the Client has had a misdemeanor sanction imposed against it in the form of a fine or has been offered
a settlement by any competent authorities concerning the misdemeanor committed as a result of Supplier’s
untimely or incomplete performance of its obligations under this Single Contract, the Client shall have the right
to claim the amount of the fine paid from the Supplier by issuing an invoice to the latter. The invoice shall be
accompanied by all documents related to the relevant case.

Article 9. Force Majeure


======================
Both Supplier and Client shall be held unaccountable and the contractual penalties shall not apply in case of
circumstances emerging following the entry into this Single Contract (in the case of any party signatory to this
Agreement) that could not have been foreseen, removed or prevented (Force Majeure), and the party in the
case of which such circumstances have emerged shall notify the other party thereof within three days. Any
default on this obligation shall be subject to contractual penalties, in the same way as in the case of delayed
performance.

For as long as the unforeseen circumstance remains in force, the implementation of this Agreement shall be
suspended.

In case the unforeseen Force Majeure lasts for more than 15 days, each of the Parties shall have the right to
terminate this Agreement upon a 10 (ten) - day termination notice.

Lack of raw materials and staff shall not be deemed Force Majeure.

Article 10. Terms for executing the contract


===================================
This contract shall be implemented in line with the legal regulations applicable for this type of services.

10.01. Packaging
================
Supplier is obliged to provide proper packaging, to ensure protection of the equipment against damage or
breaking during its transportation.

In accordance with the Law on Packaging Management and Packaging Waste, the Contractor has to submit:

I. If Delivery is done by a Contractor in Macedonia:

1. Confirmation of a concluded contract with a collective handler for dealing with:

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- packaging waste or

- waste batteries and accumulators

- waste electrical and electronic equipment (EEO)

2. Confirmation for:

- paid fees for packaging waste management / batteries and accumulators / EEO or

- exemption from payment of fees if there is a contract with a collective packager / batteries and
accumulators / EEA or

- Exemption from payment of fees if the supplier is registered as a stand-alone processor of packaging
waste / batteries and accumulators / EEO

II. If the delivery is done by a Contractor outside of Macedonia:

- Depending of the type of equipment / materials that are imported, it is necessary:

1. The exporting company shall provide data on the type, quantity and weight of the packages with
each invoice

2. The exporting company should submit data on the net weight of individual batteries and
accumulators with each purchase

3. The exporting company shall supply data on the net weight of an individual EEE with each purchase

10.02. Confidentiality of Data and Personal Data Protection


================================================
In the course of implementing the Agreement, Supplier shall not – without a previous consent of the Client –
disclose the Agreement or any provision therein, specification, information, etc. provided by the Client in
relation to the Agreement to any third party other than to the persons authorized by the Supplier and it shall
treat any such provision, specification, etc. as a business secret, except with regard to the companies within
EVN AG.

Contracting Parties shall be obliged to keep secret all information, documents, official correspondence,
technical plans and operational details related to the implementation of this Agreement, as well as all data
related to the other Contracting Party, such as its composition, organization and financial affairs, operational
technology, business relations, marketing plans and services, including copies of such data on any medium,
received from the other Contracting Party or otherwise obtained during the validity of this Agreement
(hereinafter: “Confidential Data”). Notwithstanding the medium and format in which they may be exchanged
verbally, in writing or electronically, the Confidential Data shall constitute a business secret and shall be of
limited use by Contractual Parties, for the sole purpose of undertaking actions to render the services subject of
this Agreement. Confidential Data shall be available only to their employees and responsible persons, based on
the powers granted to them to perform certain duties in line with their job description; such employees shall
be appropriately and contractually bound to preserve this confidentiality.

Contracting Parties shall be particularly obliged to:

1. not disclose without a previous written consent or instruction of the other Contracting Party any
Confidential Data to a third party. In the sense of this Article, “disclosing Confidential Data shall mean
facilitation of access to such data by a third party, irrespective of the form and whether done by facilitation of

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a direct or indirect insight into the data or through verbally disclosed information and irrespective of the scope,
i.e. whether disclosed completely or partially and whether disclosed deliberately or through negligence.

2. not use any Confidential Data, whether directly or indirectly, in order to obtain personal gains or gains for
third parties;

3. return or, if requested so, destroy all confidential material or materials and media containing Confidential
Data on the other Contracting Party, including all copies, irrespective of the form in which they were provided,
when requested so by the other Contracting Party or immediately upon the discharge of obligations in relation
to which such confidential material was used.

In case Contracting Parties appoint a sub-contractual partner for the provision of the subject of this
Agreement, they shall contractually be bound to keep the secrecy of such data and adhere to the already
agreed upon conditions hereunder. In doing so, the Contracting Party that has appointed a sub-contractual
partner shall remain responsible to the other Contracting Party for the protection of the confidentiality of such
data and for compensating against any damages caused by non-compliance with this obligation.

Contracting Parties shall co-operate mutually to establish any suspicious, illegal, false or inappropriate activities
and technical omissions in the system and they shall take all measures required to overcome them.

Contracting Parties shall only perform certain activities within the powers stipulated herein and under legal
restrictions and they shall not perform such activities for any other purpose or outsource them to third parties.

The obligation of protecting personal data and the business secret shall come into force as soon as the
Contracting Parties have been made aware of them and shall last throughout the validity of this Agreement, as
well as following its termination. When processing personal data, Contracting Parties shall act in compliance
with the Law on Personal Data Protection and their own internal acts regulating personal data protection. In
doing so, each of the Contracting Parties shall be responsible to pay compensation against any damage caused
by it through defaulting on its contractual obligations related to confidentiality and personal data protection,
as established hereunder.

In case of termination of the contractual relationship on any grounds, Parties mutually undertake to return
personal data to the other Party without undue delay. Following the achievement of the goal for which such
personal data were obtained, the latter shall be deleted from the data collection/set.

Contracting Parties undertake to apply the appropriate technical and organizational measures of protection
against incidental or unlawful destruction of personal data or against their loss, alteration, unauthorized
disclosure or access.

Contracting Parties agree to act exclusively in accordance with the instructions received from the other
Contracting Party when processing personal data of its end users.

Contracting Parties undertake to introduce appropriate technical and organizational measures to ensure the
secrecy and protection in the processing of personal data, in accordance with the Client’s Personal Data
Protection Procedure and Rulebook on Protection of the Individual Right to Privacy in the Processing of
Personal Data within the Client and the documentation containing a description of the technical measures of
ensuring secrecy and protection in the processing of personal data, prescribed by the Personal Data Protection
Directorate.

In case the Supplier engages a sub-contractual partner for the implementation of this Agreement, it shall bind
such sub-contractual partner to implement these technical and organizational measures for personal data
protection.

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The duty to keep the confidentiality of data shall be in force 2 (two) years following the day of expiry or
termination of this Agreement.

10.03. Transfer of Obligations


=========================
Supplier shall not partially or completely transfer to any third party its obligations to implement this Agreement,
other than upon previous written consent by the Client.

No such transfer of obligations shall render the Supplier free of any responsibility, guarantee or other
contractual obligations.

Contracting Parties may transfer, assign, level or otherwise dispose of all or any of their rights and obligations
under this Agreement/Contract only following its coming into force and only upon previous written consent of
the other Contracting Party, which shall be given within 30 days following receipt of the relevant request; in
case such consent is not given within this period, it shall be deemed rejected.

Notwithstanding the provisions in paragraph 1 and 2 of this Article, the rights and obligations under the Single
Contract signed may be transferred to EVN Elektrodistribucija dooel Skopje.

10.04. Subcontracts
==================
Supplier shall ensure that any subcontract it enters into contains the relevant provisions of this Agreement.

Any transfer or entering into a subcontract contrary to this provision shall be deemed invalid, void and
ineffective relative to the Client and it shall be ignored by the Client.

Supplier shall protect, defend and hold the Client harmless from and against all claims, requests, actions,
processes, procedures, damages, losses, taxes and costs incurred, resulting from or related to such transfers of
entering into subcontracts.

10.05. Contract termination


============================
The contract may be terminated:

- by mutual consent, upon a request of any of the parties;


- if the contractor fails to perform the obligations of the contract with a termination notice of 10 (ten)
days;
- If the contractor declares bankruptcy, or it is a subject to a bankruptcy procedure, or it becomes
insolvent in any other way.
- The contractor and the contracting authority shall agree that the present contract may not be
unilaterally terminated due to any other reason apart from failure to fulfill the obligations under the
present contract, by any contractual party.
- immediately and without termination notice, if the contractor fails to perform another obligation
under the contract that could have a significant impact on the work of the contracting authority

10.06. Language
===============
This Agreement is written in the Macedonian language. The entire correspondence and other documents to be
exchanged between Parties under this Agreement shall be in the Macedonian language. In case of a dispute,
the translation by a court-certified translator shall prevail.

10.07. Dispute Settlement


======================

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By entering into this Agreement, Contracting Parties agree to settle all mutual disputes in an amicable way and
in the spirit of good business relations; otherwise, the court in Skopje shall be the court of competence.

10.08. Cases on Non-enforceability of Provisions (Removal)


================================================

In case any condition or provision of this Agreement is invalid, unlawful or unenforceable pursuant to the law
applicable to the interpretation of this Agreement, all other conditions and provisions hereunder shall still
remain in full force and effect if the Agreement may survive without them and if they were neither a
prerequisite for entering into this Agreement, nor a decisive motivation for entering into this Agreement.

Any invalid, unlawful or unenforceable conditions or provisions hereunder (for as long as they are invalid,
unlawful or unenforceable) shall be removed from this Agreement and deemed never written.

Any provision of this Agreement that is invalid, unlawful or unenforceable only partially or to a certain extent
shall remain in full force and effect to such an extent to which it is not deemed invalid, unlawful or
unenforceable. Parties shall invest all reasonable efforts to replace the provisions removed by valid, lawful and
enforceable provisions, the effect of which shall be as close as possible to the effect of the removed ones.

10.09. Amending the contract


=========================
All amendments and additions to the conditions in this contract shall be made in writing and/or by Annexes to
the contract, duly executed by both Contracting Parties.

10.10. Miscellaneous
==================
This contract shall come into force as on the day of its execution by both Contracting Parties.

By signing this contract, the Supplier acknowledges to have received all necessary information related to the
subject of this Agreement.

It shall be a special obligation on the part of the Supplier to comply with the legal regulations on protection at
work applicable in the Republic of North Macedonia.

This contract shall be implemented in accordance with the laws of the Republic of North Macedonia. Any
rights and obligations not regulated under this Agreement and related to its implementation shall be subject to
the provisions of the Law on Obligations and the relevant legal regulations and standards of the Republic of
North Macedonia. Unless stated otherwise in the Agreement, the enclosed General Procurement Conditions of
the Client shall apply.

This contract has been made in 4 (four) equal counterparts, of which 3 (three) for the Client and 1 (one) for the
Supplier.

Appendices:
==========
1. Technical specification and other technical documentation;
2. Overview of unit prices;
3. General Procurement Conditions
4. Clause on Social Responsibility by the EVN Group

Supplier Client

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ХХХХХХХХХХХХХХ EVN Macedonia AD, Skopje

______________ _______________________

_______________________

Elektrodistribucija DOOEL. Skopje

_______________________

_______________________

* Documents are electronically signed using the qualified certificate for electronic signature from
the responsible person of the economic operator or a person authorized by him.

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ANNEX 12

BID FORM

ECONOMIC OPERATOR SHALL SUBMIT THIS DOCUMENT ONLY IN PHASE II OF THE PROCEDURE

Pursuant to Call no. 01-01/2022 published by EVN Macedonia AD as Contracting Authority, on behalf of the
Group of Contracting Authorities including EVN Macedonia AD Skopje and Elektrodistribucija Dooel Skopje,
for the purpose of entering into a Single contract on Public Procurement of 20 kV cells in SS 110/35/10(20) kV
Centralna the invitation to submit initial financial proposal on the basis of obtained tender documentation
from the contracting authority and the Decision on the selected candidates to whom the invitation to submit
initial financial proposal shall be delivered, we submit the following:

INITIAL FINANCIAL OFFER

1. GENERAL SECTION

1.1. Name of Economic Operator: _____________________________________________

1.2. Contact information

- Address: ______________________________________________________

-Telephone: ____________________________________________________

- Mobile telephone: _____________________________________________

- Fax: _______________________________________________________

- Е-mail: ____________________________________________________

- Contact persons: ______________________________________________

1.3. Responsible person: ______________________________________________

1.4. Tax number: _________________________________________________

Bank: ____________________________________________

Bank account: _________________________________________________

1.5. Company Identification (Registration) Number: ____________________________

II. BID SUMMARY

2.1. Having reviewed and fully understood the Tender Documents, WE, the undersigned, hereby submit
our Initial Financial Offer under Call no. 01-01/2022 for entering into a Framework Agreement on Public
Procurement of on 20 kV cells in SS 110/35/10(20) kV Centralna

2.2. The total amount of our Initial Financial Offer amounts to:

__________________________________________________________________ MKD / EUR, VAT excluded

or in words ________________________________________________________________ MKD / EUR

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Unit prices are given in Table no. 1 Specification, an Appendix to this Bid Form

2.3. Нашата понуда е составена од следниве делови:

- a filled out Bid Form,


- a filled out Appendix – Table no. 1 Specification with unit prices and a total price expressed in MKD

and all the documents submitted previously in Phase I of the procedure for establishing a qualification system
by applying a negotiation procedure including publication of a public notice for entering into a
Feramework Agreement on procurement of 20 kV cells in SS 110/35/10(20) kV Centralna

2.4. The delivery period is ______ days, and montage and putting into operation in period of ______ days,
from the day of mutual signing of the contract.

2.5. Equipment has warranty period ________ months as from the date of montage and putting into
operation or ___________ months from the date of delivery.

2.6. By submitting this Bid, we accept in full the conditions stipulated in the public notice and Tender
Documents, not challenging your right to cancel the public procurement contract award procedure in
accordance with Article 114 of the Public Procurement Law.

Place and date Authorized/Responsible person of the


Economic Operator*

___________________________ __________________________
(signature)

* Documents are electronically signed using the qualified certificate for electronic signature from
the responsible person of the economic operator or a person authorized by him.

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Annex - 13

Table nr.1 – Specification of 20 kV cells in SS 110/35/10(20) kV Centralna for unit price and total
price in MKD/EUR - ECONOMIC OPERATOR SUBMITS THIS DOCUMENT SOLELY IN PHASE II
OF THE PROCEDURE

Place and date Authorized/Responsible person of the


Economic Operator*

___________________________ __________________________
(signature)

* Documents are electronically signed using the qualified certificate for electronic signature from
the responsible person of the economic operator or a person authorized by him.

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ANNEX 14

General Conditions of Purchase of EVN Macedonia Group

Unless otherwise determined in the Contract/Order/Agreement, the following General Conditions of Purchase
apply, regulating rights, obligations and relations between the Supplier (Contractor) and the Buyer (EVN Macedonia
AD or company in which EVN Macedonia AD is founder or shareholder). Both, the Supplier (Contractor) and the
Buyer, should be understood as contractual parties. General terms and conditions of the Buyer are an integral part of
the Contract/Order/Agreement, even if they are explicitly excluded in order related documents of the Supplier
(Contractor). Any conditions of the Supplier (Contractor) that are contradictory or contrary to this General
Conditions of Purchase shall not be applied, even in cases when the performance of the Supplier (Contractor)
has been previously indisputably accepted and regardless of the Buyer’s awareness of the Supplier’s previous
conditions. These General Conditions shall be published on the Buyer’s web site, as well as any changes of the
General Conditions entering into force upon the date of publishing.

General Contractual Terms

1. Orders and any amendments of the Contract/Order/Agreement, require the written form to be
effective. Unless otherwise agreed under a Contract/Agreement or in the Order, only duly signed
Orders and/or Contracts/ Agreements in written form, as well as electronic formats that include a valid
electronic signature or valid electronical approval by authorized persons of the Buyer, shall be fully
effective and binding for the Buyer.

Verbal agreements are legally effective only if they are confirmed in writing by the Buyer.

General Conditions of Purchase without Contract/Order/Agreement shall only be valid in case, a


Contract/Order/Agreement with the Supplier (Contractor) has not been previously signed or if some of
the conditions have not been defined in the Contract/Order/Agreement.

The rights, obligations and conditions defined in the Contract/Order/Agreement with the Supplier
(Contractor) shall preclude the provisions defined in the General Conditions of Purchase defined herein.

The acceptance of the Contract/Order/Agreement by the Supplier (Contractor) is understood as an


acceptance of the conditions and the provisions stated in this General Conditions of Purchase, as well
as the data and orders included in the specific Contract/Order/Agreement. Any discrepancies and
amendments in other documentation of the Supplier (Contractor) with reference to the General
Conditions of Purchase stated herewith shall be deemed unacceptable, as long as they are not
accepted by the Buyer in written form.

The commencement of the delivery or performance of services or works, in part or completely, as


requested with the Contract/Order/Agreement, shall be understood and deemed as an acceptance of
all provisions and conditions defined in this General Conditions of Purchase and the
Contract/Order/Agreement, regardless whether or not the Supplier (Contractor) has confirmed the
acceptance of the Contract/Order/Agreement.

2. If the Contract/Order/Agreement is based on a bid/quote submitted by the Supplier (Contractor),

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whereas such bid or quote constitutes an integral part of the Contract/Order/Agreement, unless
otherwise stipulated in the Contract/Order/Agreement and unless not contrary to these General
Conditions of Purchase.

Pricing

3. The prices stated in the Contract/Order/Agreement are fixed prices, until complete implementation of
the procurement, including also delivery to the Buyer’s central warehouse or designated
location/facility of the Buyer, as stated in the Contract/ Order/ Agreement. The price shall include
transport, insurance, packaging and all other expenses which may arise in the course of the
delivery/performance of works/services/putting into operation at the Buyer’s location, unless otherwise
agreed in written.

Contract/Order/Agreement concluded with domestic Supplier (Contractor), i.e. a company with


business seat in R. N. Macedonia, has to be concluded in Macedonian denars (MKD).

Contracts with foreign Supplier (Contractor) should be concluded in EUR,USD or GBP or similar
currency.

4. Goods are delivered free place of delivery/performance, packed, insured and unloaded, unless
otherwise stipulated in the Contract/Order/Agreement. Additional services charged on a time basis may
be only provided with Buyer’s prior consent. Timesheet and/or proof of delivery of the equipment and
materials used shall be submitted to the Buyer for written approval. Additional services, works, or
materials that have not been commissioned or confirmed will not be paid. If the bill of quantities/bid
provides for a certain number of additional services/works, this does not give right to a claim on behalf
of the Supplier (Contractor) for the performance of such services/works. If the Supplier (Contractor)
deems an amendment of the agreed scope of supply and services/works necessary, the Supplier
(Contractor) shall notify the Buyer, in the form of a supplementary bid as soon as possible. The
respective supply or service/work may only be provided upon explicit written commissioning by the
Buyer, by means of supplementary order/amendment/contract.
The contracted price shall include all costs/expenses for any mounting/installations/integrations and
the works/performance of subcontractors (if any) of the Supplier (Contractor), incl. all the costs which
may be required by the Supplier (Contractor).

The price stipulated in the Contract/Order/Agreement shall also incorporate the submission of
adequate instruction for use, operation, maintenance and/or list or spare parts and/or similar user
documentation, as well as all other documents required for the proper use of the delivered
equipment/goods/services, in Macedonian and/or English language.

Unless otherwise agreed, the Supplier (Contractor) shall be responsible for the obtaining and
payment of all import and export permits or licenses necessary for the implementation of
Contract/Order/Agreement.

5. If the Buyer uses services of a foreign Supplier (Contractor) for which withholding tax is to be paid,

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the Buyer shall be obliged, from the gross price, to withhold and pay the withholdings tax for the
account of the Supplier (Contractor), provided that there is Double Tax Treaty signed by both
countries, and if under the Double Tax Treaty, it is permissible to reduce the withholding tax, the
Supplier (Contractor) shall submit the necessary documentation in original to the Buyer at the time of
signing of the Contract/ Agreement and update it each calendar year, so that the Buyer can refrain
from deducting the withholding tax in whole or in part.

Invoicing & Payment

6. Invoices shall be issued in a single copy and sent to the invoice address specified in the
Contract/Order/Agreement, indicating the Contract/Order number. The invoice shall comply with the
Law on Tax, in particular specifying the VAT number and itemizing tax. Invoices that do not meet
these requirements will be rejected by the Buyer. The claim for payment does not become due until
the Supplier (Contractor) issues an invoice in accordance with the statutory and contractual provisions.

7. The payment shall be proceeding 30 days upon the receipt of the invoice in the archive of the Buyer
(address St. Lazar Lichenoski No. 11, 1000 Skopje, Republic of North Macedonia), upon delivery of
goods/competition of services/works. The day of receipt of the invoice in Buyer’s archive is to be
considered as starting date for calculation of payment deadline. The invoice has to be accompanied
with a delivery note for delivery of goods or signed construction book for works or document for
delivery/submission/final acceptance of performed services.

In case the Contract/Order/Agreement has a foreign currency clause, such clause prescribes that the
value of goods/services/works can be expressed in EUR, USD, GBP or similar currency, however the
medium exchange rate of National Bank of N. Macedonia at the date of concluding Contract or
issuing Order, shall be applied.

The Supplier (Contractor), if it is domestic legal entity, agrees that in event of any debt to the Buyer,
the Buyer can make compensation of such debt with the invoice of the Supplier (Contractor), with
minimal consent such as Supplier (Contractor) compensation details.

8. The Supplier (Contractor) can neither partly nor in whole, cedes any receivables referring to the
Contract/Order/Agreement to third entities, without a written consent thereon. Any notice of
assignment shall be addressed to the Buyer in writing in order to be effective, and comes into effect
upon written confirmation of the Buyer.

9. Acceptance of a goods/service/works requires Buyer’s written confirmation to be effective. The risk is


transferred to the Buyer only upon acceptance of the goods delivery/service/works at the place of
performance, in accordance with the Contract/Order/Agreement.

Penalties

10. The Supplier (Contractor) is obliged to fulfill the delivery deadline. In case of not fulfillment the delivery
deadline, contractual penalty of 1% per day of the value of the Order or Contract, up to maximum
15% of the total value of the Contract/Order is applied. The basis for calculation of the contractual
penalty is the value of the Contract / Order, i.e. its total amount, excluding VAT.

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Obligations & Liabilities

11. The Supplier (Contractor) is obliged to compensate any damage caused to the Buyer, triggered by not
fulfillment of the Supplier’s (Contractor’s) obligations deriving from the Contract/Order/Agreement and
this General Conditions of Purchase.

12. The Supplier (Contractor) shall ensure that its personnel and any subcontractors assigned by him,
comply with the statutory provisions regarding the protection of the employees life and health and
environment protection, as well as using energy efficient technology/products/processes. The staff
deployed by the Supplier (Contractor) may only access the areas assigned to them by the Buyer. If the
Supplier (Contractor) is responsible for the incurred damage based on its liability for defects in the
materials, the scope of the procurement (product liability), the Supplier (Contractor) has to indemnify
the Buyer in the event of any claims by third parties.

13. The Supplier (Contractor) is liable for the goods/services/works until the transfer of the risk. The risk
until the delivery of goods/services/works at defined delivery place is on the Supplier's (Contractor's)
account, whereas the risk upon the realization of the services is on the Buyer’s account. The risk
cannot be transferred to the Buyer, if the Buyer has terminated the Contract/Order/Agreement or has
requested the goods/services/works to be replaced/repaired due to faults therein.

14. The Supplier (Contractor) is also liable for those failures that will be noticed even after the transfer of
the risk, if it occurs as a consequence of the reason that existed before the transfer of the risk.

The Supplier (Contractor) is responsible for all caused material and non-material damages as a
consequence of the non-fulfillment of this General Conditions of Purchase or
Contract/Order/Agreement terms.

If the Buyer suffers damages exceeding the value of the contractual penalty, the Buyer can claim the
difference from the value of the contractual penalty up to the value of the damage.

15. The Supplier (Contractor) is obliged to comply with the Law on pension and disability insurance and
the Law on foreigners, with respect to any foreign national employed by the Supplier (Contractor) or
their subcontracts. The Supplier (Contractor) shall prove compliance with its obligations to the Buyer,
without prompting before commencing work, by submitting the complete corresponding
documentation (residence permit, work permit etc...) and to indemnify the Buyer, their executive
bodies and employees and hold them harmless from and against any damage and/or liability arising
from the breach of these obligations.

16. The Supplier (Contractor) shall ensure that the goods/services/works correspond to the state of the art
and comply with the statutory provisions. The Supplier (Contractor) shall warrant that the contractual
goods/service/work are free of defects. The warranty is subject to the relevant statutory provisions,
unless otherwise stipulated in the Contract/Order/Agreement. The warranty also covers any defects
occurring during the warranty period. The proof of performance in accordance with the contract and
free of defects is incumbent upon the Supplier (Contractor). If curing a defect gives rise to dismantling
and installation costs and ancillary expenses, such costs and expenses shall be born by the Supplier
(Contractor). The Supplier (Contractor) is obliged to either remedy any defects occurring during the
warranty period as quick as possible, or to replace the goods/services/works with new
goods/services/works, at the Buyer’s discretion, in line with the time period requested by the Buyer or
as agreed in the Contract/Order/Agreement. The Buyer might accept the goods/services/works under
reservation and without inspection of the goods/services/works; the inspection is carried out at the
latest. However, if the Supplier (Contractor) fails to fulfill its warranty obligations and/or the defect has
to be remedied by a third party, the Supplier (Contractor) shall bear the costs of such substitute
performance.
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17. The Supplier (Contractor) is liable for any damage caused by acts or omissions on the part of the
Supplier (Contractor), its personnel, its subcontractors, or its other vicarious agents within the
framework of or in connection with the supply or service or works, and for any damage caused by
materials used by them or parts thereof. The Supplier (Contractor) is also liable for any materials,
components or other items provided to the Supplier (Contractor) by the Buyer or other companies for
installation or storage. In any case, the Supplier (Contractor) shall prove that the damage was not due
to any fault on behalf of the Supplier (Contractor) or its personnel, its subcontractors or its other
vicarious agents. This applies for both slight and gross negligence. The Supplier (Contractor) shall
indemnify and hold the Buyer harmless from and against any claims raised by an employee or a third
party against the Buyer for any damage incurred in the course of the execution of the
Contract/Purchase Order/Agreement.

18. The Supplier (Contractor) is obliged to take out an appropriate liability insurance that covers all liability
risks arising from statutory provisions and from the Contract/Order/Agreement at their own expense.
The insurance coverage shall also include the liability of the Supplier’s (Contractor)’s personnel,
subcontractors and other vicarious agents that the Supplier (Contractor) employs during the execution
of the contract/ order.

19. If the Supplier (Contractor) does not meet its obligations, the Supplier (Contractor) has been on time
and duly informed for the not fulfillment of the contractual terms, the Buyer has right to ask the
Supplier (Contractor) to repair the not-fulfilled part of the Contract/Order/Agreement or to proceed
with new delivery of goods/services/works free of defects or to request reduction in the value of the
invoice or to terminate the Contract/Order/Agreement.

Proprietary rights

20. The Supplier (Contractor) is completely responsible and shall protect the Buyer for all activities,
questions, requests, reasons for requests, loses, reasons that could cause damages to the Buyer, court
processes and all costs of whatever type and nature that could arise to the Buyer, if the Supplier
(Contractor) is breaching the protected right of industrial/intellectual property/patent
protection/trademark rights to third party, i.e. the Supplier (Contractor) is completely responsible for
the protection of the industrial/intellectual property/patent protection/trademark rights towards third
persons. The Supplier (Contractor)accepts this and is completely liable towards the warranty for the
legal requirements of the goods/services/works.

The Supplier (Contractor) shall pay indemnification to the Buyer regarding all initiated procedures and
damages arising out of court decisions, taxes, attorney fees, from any breach of industrial/intellectual
property/patent protection/trademark rights, upon first request of the Buyer.

Confidentiality & Personal Data Protection

21. During the execution of the Contract/Order/Agreement, the Supplier (Contractor) cannot disclose,
without prior written consent by the Buyer, the Contract/Order/Agreement or any provision thereof, or
specification, information etc., submitted by the Buyer in relation to the Contract/Order Agreement, to
third parties, apart from persons authorized by the Buyer and they shall be treated as trade secret,
apart from the EVN AG companies.
The Supplier (Contractor) and the Buyer, shall treat with confidentiality all information, documents,
official letters, technical plans and operative details related to the fulfilment of the provisions of the
Contract/Purchase Order/Agreement, as well as all other data regarding the other party, its
composition, organization and financial operation, the working technology, business relations,
marketing plans and services, including copies of data in all means received by the other contractual
party, or obtained in any other manner during the validity of the Contract/Order/Agreement
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(hereinafter Confidential Data). Confidential data, regardless of the media and form in which they are
exchanged, verbal, written or electronic, shall be deemed as trade secret and with limited use
between the contractual parties with a sole purpose of undertaking actions aimed at fulfilment of the
delivery/service subject of the Contract/Order/Agreement. Confidential data shall be solely available to
their employees and responsible persons, based on their authorizations to perform specific tasks
according to delegated work and working assignments, and only to the extent necessary for those
persons to fulfil their assignments under the Contract/Order/Agreement, and those employees shall be
contractually bound to keep the data confidentiality.
Contractual parties shall be particularly bound
- not to reveal, without prior written consent or instruction by the other party, any confidential data
to third parties. The term ‘reveal’ in the context of this article shall mean allow access to those data to
third party, regardless of the form, whether it is direct or indirect insight into the data or by verbally
transmitted information, regardless of the extent, that is, whether they are partially or fully revealed
and regardless whether they are revealed intentionally or due to negligence.
- directly or indirectly, not to use any confidential data for personal gain, or in favour of third party;
- to return or, if ordered, to destroy all confidential data, that is, materials and assets containing
confidential data on the other agreement party, including all copies, regardless of the form they are
provided in, upon the request made by the other party, or immediately after the finalization of
assignments for which such confidential material may be used.
If contractual parties engage subcontractor as partner in the fulfilment of the scope of the
Contract/Order/Agreement, then the subcontractor would be legally bound to respect the data
confidentiality and the already agreed conditions of this Contract/Purchase order. Furthermore, the
contractual party which engaged a subcontractor shall be deemed responsible towards the other
contractual party to protect the confidentiality of data exchanged for the purposes of the realization
of the scope of this Contract/Purchase order, as well as compensate any damage caused by violation
of the mentioned responsibility.
The contractual parties shall cooperate mutually to identify any suspicious, illegal, false or improper
activities and technical failures within the system, and they shall undertake any necessary measures to
overcome them.
The contractual parties may perform certain activities within the authorizations envisaged for this
Contract/Order/Agreement and legal restrictions, and they may not be processed for any other
purpose, or submitted to third parties.
22. The obligation for personal data protection and maintenance of the business secret shall be obligatory
from the moment of receipt of that type of data, and shall be in force for the period of validity of this
Contract/Order/Agreement, as well as after termination of its validity. When processing personal data,
the agreement parties shall act in accordance with the Macedonian Law on Personal Data Protection
and their internal acts governing the personal data protection. Each contractual party shall be
responsible to compensate any damage incurred due to violation of contractual obligations related to
confidentiality and personal data protection set forth with this Contract/Order/Agreement.
When contractual relation is terminated on any ground, the parties are mutually obliged to return to
the other party the personal data without any delay. Following the completion of the purpose
personal data were collected for, they need to be erased from the data collection.
Contractual parties shall be obliged to apply appropriate technical and organizational measures to
protect personal data from being unintentionally or illegally destroyed, lost, modified, disclosed or
accessed without authorization.
The contractual parties shall agree to act solely in accordance with the instructions received by the
other contractual party when processing personal data of their end users.
The contractual parties shall be obliged to apply appropriate technical and organizational measures to
protect personal data, in accordance with the Buyer’s procedure for personal data protection and the
Buyer’s Rulebook on the protection of the individual right to privacy when processing personal data

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within the Buyers and documentation containing description of technical measures to ensure secrecy
and protection of personal data processing subscribed by the Directorate for Personal Data
Protection.
If the Supplier (Contractor) commissions subcontractor as partner in the fulfilment of the
Contract/Order/Agreement, then the Supplier (Contractor) shall obligate the subcontractor to
implement such technical and organizational measures for personal data protection. Data
confidentially obligation shall be valid for 2 (two) years upon the termination day of concluding the
Contract/Purchase order.

Transfer of obligations

23. The Supplier (Contractor) shall not transfer to third party, partially or in complete, its agreement
obligations, without Buyer’s written consent. Such transfer of obligations is not releasing the Supplier
(Contractor) from any responsibility, warranty or other contractual liability. Contracting parties may
move, deviate, leveled or otherwise dispose with all or part of the rights and obligations under the
Contract/Order/Agreement only upon its entry into force, and only with the prior written consent of
the other contracting party which should be given within 30 days after receipt of the relevant
application for it, and if consent is not given within that period shall be deemed rejected.

The Supplier (Contractor) shall ensure that any sub-agreement which it concludes, contains relevant
provisions of the Contract/Order/Agreement. Any transfer or conclusion of subcontract that is
contrary to this provision shall be deemed invalid, void and of no effect to the Buyer and will be
ignored by the Buyer.

The Supplier (Contractor) will protect, provide and keep the Buyer from all claims, demands, actions,
processes, actions, damages, losses, taxes and costs suffered, incurred or in connection with such
transfer or concluding sub-contracts.

The Buyer is entitled to transfer the contractual relationship, including all the rights and obligations
arising therefrom, to an affiliated company pursuant to the Law on obligations and the Law on
trading companies.

Termination

24. The Contract/Order/Agreement can be terminated:


- with a consent, upon request of either one or both of the contractual parties
- if the Supplier (Contractor) does not fulfill the Contract/Order/Agreement obligations, upon a prior
notice with a period of at least 10 (ten) days of sending such notice
- in case of bankruptcy, starting of the Supplier’s (Contractor’s) liquidation procedure, or if the
Supplier (Contractor) has become insolvent due to any other reason
- by the Buyer, without any cause, with a notice period of 30 (thirty) days upon the date of receipt of
the request for termination of the Contract/Order/Agreement by the Supplier (Contractor)
- if the Supplier (Contractor) does not fulfill any other contractual obligation, that can significantly
influence Buyers operation, immediately without prior notice period.

If the Supplier (Contractor) defaults in the contractual performance, the Buyer is entitled to either insist on the
performance owed in accordance with the contract, or to give written notice of their rescission of the contract,
setting

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* Documents are electronically signed using the qualified certificate for electronic signature from
the responsible person of the economic operator or a person authorized by him.

ANNEX 13

EVN Group Integrity Clause

The Supplier (Contractor) has taken cognizance of the following integrity clauses, to which the EVN
Group is also committed, and shall take them into consideration when rendering its deliveries
/services. The Buyer is entitled to revise the content of these duties at any time. In case of violation,
the Buyer is entitled to request negotiations in order to re-establish the contractual conditions. If the
Supplier (Contractor) fails to comply with this request within one month or does not desist from or
correct the ascertained breach of contract amicably or within a reasonable period of time, the Buyer
is entitled to terminate the contract with immediate effect. If the Supplier (Contractor) refuses or
prevents such revisions from being carried out, the Buyer is likewise entitled to terminate the
contract with immediate effect. Furthermore, the Supplier (Contractor) undertakes to make the
following principles and policies binding upon its upstream suppliers and subcontractors.

1. Respect of human rights. Our Suppliers (Contractors) and subcontractors are expected to
recognize and uphold the United Nations Declaration on Human Rights and to ensure that
they are not involved in violations of the human rights.

2. No child labor or forced labor. During the manufacture of their products and provision of their
services, our Suppliers (Contractors) and subcontractors undertake not to use or tolerate the use
of child labor or forced labor or other involuntary labor, as set out in the Conventions of the
International Labor Organization (ILO).

3. No discrimination or harassment in the workplace. Each employee shall be treated with


respect and dignity. No employee shall be physically, mentally, sexually or verbally harassed, abused
or discriminated because of his/her sex, race, religion, age, origins, handicap, sexual orientation or
political or ideological views.

4. Labor and social security laws. Our Suppliers (Contractors) and their subcontractors undertake
to abide by the labor and social security laws that apply in each country when implementing
contracts.

5. Right of assembly and strike. The persons employed by our Suppliers (Contractors) and their
subcontractors should be granted the right to participate in assemblies and strikes in accordance
with the laws of the country where they work, without having to fear any possible consequences.

6. Transparency as regards of working hours and remuneration. Working hours shall be


in line with applicable laws. The persons employed by our Suppliers (Contractors) and
subcontractors shall receive employment contracts in which working hours and
remuneration have been laid down.

7. Safety and health in the workplace. Our Suppliers (Contractors) and their subcontractors must

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ensure that safety and health are guaranteed for their employees in the workplace while observing
any applicable laws and regulations. Free access to drinking water, sanitary facilities, appropriate
fire prevention equipment, lighting, ventilation and, if necessary, suitable personal protective
equipment must be provided. Employees shall be trained in the correct use of protective equipment
and in general safety rules.

8. High ethical standards. We expect our Suppliers (Contractors) and their subcontractors to
attach a high degree of importance to business ethics, to abide by prevailing national laws (in
particular labor, competition, anti-trust and consumer laws) and to refrain from engaging or
participating in corruption, bribery, deceit or blackmail.

9. Transparent business relationships. Our Suppliers (Contractors) and their subcontractors shall
abstain from offering, requesting, granting or accepting any gifts, payments or other comparable
advantages or gratuities that might induce someone to violate his/her duties.

10. Protection of the environment. We expect our Suppliers (Contractors) and their
subcontractors to observe all applicable laws and regulations concerning the protection of the
environment when carrying out their entrepreneurial activities and to pay proper attention to
economic, ecological and social aspects when rendering their services/deliveries and thus not lose
sight of the importance of sustainable development.

11. Reduction in the use of resources, waste and emissions. The continuous improvement in
the efficiency of how resources are used is an important part of management and business running.
Our contractors and their subcontractors shall minimize waste of any sort and discharges and
emissions into the air, water and ground.

* Documents are electronically signed using the qualified certificate for electronic signature from
the responsible person of the economic operator or a person authorized by him.

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