Questions and answers regarding public procurement of small value no. 2/16
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Questions and answers regarding public procurement of small value no. 2/16
November 24th, 2016 admin
Home for Children and Youth "Jefimija"
Krusevac, Veselina Nikolica 51
Number: 3999
Date: November 24, 2016.
Based on Article 63, paragraph 3 of the Law on Public Procurement ("Official Gazette of the Republic of Serbia" No. 124/12, 14/15 and 68/15), the Commission for Public Procurement 2/16 is composed of
CHANGE
RESPONSE OF THE COMMISSION FOR PUBLIC PROCUREMENT OF SMALL VALUE GOODS – PROCUREMENT OF KITCHEN EQUIPMENT – (dishwashers, electric grill on a stand with a chrome plate, console hood with lighting and filters, larger, console hood with lighting and filters, smaller, and planetary mixer)
1. The Commission for JNMV 2/16 received a request from a potential bidder for additional information or clarification of the tender documentation via e-mail on 21.11.2016 at 20:11, registered with the contracting authority on 22.11.2016 under number 3955/1, with the following content:
"In the part of the tender documentation TYPE III, TECHNICAL CHARACTERISTICS, (SPECIFICATIONS), QUALITY, QUANTITY AND DESCRIPTION OF GOODS, METHOD OF IMPLEMENTING CONTROL AND PROVIDING QUALITY GUARANTEE, PLACE OF DELIVERY, ADDITIONAL SERVICES under 1) Type, technical characteristics (specifications), quality, quantity and description of goods, under ordinal number 1) you are looking for a dishwasher.
With these defined technical characteristics, you limit and discriminate against the participation of a larger number of bidders who would offer you a dishwasher from other manufacturers with even better technical characteristics, and in this way, you favor the manufacturer LAMBER - model F92-DY, and thus only one importer of equipment from the manufacturer LAMBER. In connection with this
OUR QUESTIONS ARE:
Is it acceptable for the water consumption per cycle to be max. 2.6 liters?
Is it acceptable for the maximum insertion height to be 425 mm?
Is it acceptable for the tank capacity to be max. 18 liters?
Are the dimensions 600×600-650×820-890 mm acceptable?
Is it acceptable for the total power to be in the range of 6650W to 7600W, considering that both are connected to three-phase current?
ANSWER:
The Public Procurement Commission did not specify the model of the equipment at any time or state the name of the manufacturer of the equipment in question. We believe that the given technical characteristics only specified the quality of the equipment.
The Public Procurement Commission will accept any bid that, according to the catalog or prospectus of the offered goods, contains the required technical characteristics of any manufacturer.
2. The Commission for JNMV 2/16 received a request from a potential bidder for additional information or clarification of the tender documentation via e-mail on 21.11.2016 at 12:27 p.m., registered with the contracting authority on 22.11.2016 under number 3953/1, with the following content:
"1. In part IV of the tender documentation CONDITIONS FOR PARTICIPATION IN THE PUBLIC PROCUREMENT PROCEDURE REFERRED TO IN ARTICLES 75 AND 76 OF THE LAW AND INSTRUCTIONS ON HOW TO PROVE COMPLIANCE WITH THESE CONDITIONS, under point 1.2. which includes additional conditions, under 3) you request that the tenderer has the following certificate: ISO 9001:2008, ISO 14001:2004, OHSAS 18001:2007 which applies to the sale, installation and repair of the equipment in question
OUR QUESTION IS: Is it acceptable for the bidder to submit certificates:
*ISO 9001:2008 for the following areas: PRODUCTION AND SALES OF CATERING EQUIPMENT
* ISO 9001:2008 for the following areas: PRODUCTION AND SALES OF CATERING EQUIPMENT
* OHSAS 18001:2007 for the following areas: INSTALLATION AND SERVICING OF COMPLETE CATERING EQUIPMENT.
The condition that you defined in the tender documentation in the ADDITIONAL CONDITIONS for possessing a certificate defining the scope of certification, which is for the sale, installation and repair of the equipment in question, is restrictive and discriminatory, i.e. favoring the bidder who has such a defined scope of certification.
We also note that in relation to the PN of this type of goods, it is known exactly who the potential bidder can be, what certificates they possess and with what definition of the certification area. From your condition that: "the bidder possesses the certificate: ISO 9001:2008, ISO 14001:2004, OHSAS 18001:2007 which states for the sale, installation and repair of the equipment in question" it is clear to all of us other bidders which bidder you favor. "
ANSWER: The Public Procurement Commission will accept any bid that meets the required additional conditions related to ISO Standards.
"2. In the part of the tender documentation IV CONDITIONS FOR PARTICIPATION IN THE PUBLIC PROCUREMENT PROCEDURE REFERRED TO IN ARTICLES 75 AND 76 OF THE LAW AND INSTRUCTIONS ON HOW TO PROVE FULFILMENT OF THESE CONDITIONS under item 1.2. which includes additional conditions, under 4) you are looking for:
That the manufacturer has sufficient staff capacity: that it has a minimum of 7 employees for an indefinite period of time, of which 3 are service technicians authorized by the manufacturer to service the offered equipment, as follows:
1 mechanical technician
1 electromechanic for thermal and cooling devices
1 electrical technician for thermal and cooling devices
OUR QUESTION IS:
A) Did you make a mistake regarding the requirement that the manufacturer has a minimum of 7 permanent employees, 3 of whom are service technicians authorized by the manufacturer to service the offered equipment, or did you think that the bidder has a minimum of 7 permanent employees, 3 of whom are service technicians authorized by the manufacturer to service the offered equipment?
We also see no reason why, for the requested goods from the specification (5 goods), the bidder must have at least 7 employees for an indefinite period of time, 3 of whom are service technicians authorized by the manufacturer to service the offered equipment, namely:
1 mechanical technician
1 electromechanic for thermal and cooling devices
1 electrical technician for thermal and cooling devices
We also emphasize that this condition is restrictive and discriminatory, i.e., favoring, tailored to the bidder who has the above-required employee profile."
ANSWER: THERE IS A TYPING ERROR IN THE ADDITIONAL CONDITIONS, IT SHOULD BE CHANGED TO SAY THAT THE BIDDER HAS A MINIMUM OF 7 EMPLOYEES, NOT THE MANUFACTURER.
OUR QUESTION IS:
"B) Is it acceptable for the bidder to submit authorizations from the manufacturer for 3 service technicians to service the offered equipment without strictly adhering to the service technician profiles requested above, because we believe that it is most important that the bidder has trained service technicians who hold a certificate from the equipment manufacturer and who are trained to service the requested equipment?"
ANSWER: The bidder must have the required staff capacity according to the required servicer profiles.
Commission for JNMV 2/16