Public Procurement
A. Contract notice
06/12/2008 S238 European Union – Services – Competitive dialogue
SK-Bratislava: Organs
2008/S 238-316472
CONTRACT NOTICE
Supplies
SECTION I: CONTRACTING AUTHORITY
I.1) NAME, ADDRESSES AND CONTACT POINT(S):
Slovak Philharmonic, Medená 3, district Bratislava – Staré Mesto, Contact: Slovak Philharmonic, Medená 3, district Bratislava – Staré Mesto, SK-816 01 Bratislava 1, district Bratislava - Staré Mesto, Slovak republic, For the attention of: Ivan Czech, Chief of the Technic and Investment Department, SK-816 01 Bratislava I. Tel.: (421-2) 20 47 52 35. E-mail: ivan.czech@filharmonia.sk. Fax: (421-2) 20 47 52 56.
Internet address(es):
General address of the contracting authority: www.filharmonia.sk
Further information can be obtained at: As in above mentioned contact point(s).
Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained at: As in above mentioned contact point(s).
Tenders or request to participate must be sent to As in above mentioned contact point(s).
I.2) TYPE OF THE CONTRACTING AUTHORITY AND MAIN ACTIVITY
OR ACTIVITIES:
Body governed by local law.
Recreation, culture and religion.
The contracting authority is purchasing on behalf of other contracting authorities: No.
SECTION II: OBJECT OF THE CONTRACT
II.1) DESCRIPTION
II.1.1) Title attributed to the contract by the contracting authority:
New organ for the Slovak Philharmonic in Bratislava.
II.1.2) Type of the contract and location of Works, place of delivery or of performance:
Supplies.
Purchase.
Main place of delivery: Slovak Philharmonic, Medená 3, district Bratislava – Staré Mesto, SK-816 01 Bratislava 1, Slovak Republic.
NUTS code: SK01 .
II.1.3) The notice involves:
A public contract.
II.1.4) Information on framework agreement:
II.1.5) Short description of the contract or purchase(s):
A modern symphonic concert organ with French characteristics. a) Draft of the construction and architecture of the musical instrument, b)A worked-out project of the musical instrument, c) Production of the instrument and tests of its functionality on the production site, d) Transport of the musical instrument into the Reduta building, e) Disassembly of the original musical instrument with documentation and its packing in containers suitable for long-distance transport, f)Assembly of the musical instrument in the Reduta concert hall, g) Tests of functionality, musical tests and handing over under protocol of the musical instrument and the relevant technical and other documentation. Warranty and post-warranty maintenance (post-warranty maintenance as an option). Disassembly, documentation and deposition of the original organ situated in the music hall.
II.1.6) Common procurement vocabulary (CPV):
37311300, 37320000, 37321000, 51500000, 50860000.
II.1.7) Contract covered by the Government Procurement Agreement (GPA):
Yes.
II.1.8) Division into lots:
Yes.
Tender should be submitted for . one or more lots.
II.1.9) Variants will be accepted:
Yes.
II.2) QUANTITY OR SCOPE OF THE CONTRACT
II.2.1) Total quantity or scope:
The bidder will present an organ as “an accomplished work of art in itself”, which meets the requirements of a modern symphonic concert organ with French characteristics – a musical instrument. This instrument has to be designed and built in such a way that it meets the requirements of ensemble music and solo performances with a symphonic orchestra. The bidder will design and build the musical instrument as follows: a) it will be contained in a single case, b) it will have two consoles, c) it will have three manuals and a maximum of 65 stops, d) the ranges of the manuals will be C–c4, e) of the pedalboard C–g1, f) the key action will be combined, electrical and mechanical, g) the stop action will be electrical, h) it will have Setzer combinations, i) the couplers will be combined, electrical and mechanical. The concept of sound and disposition – the organ will be a symphonic type of instrument. Because in Slovakia there is no organ of the French type, the contracting authority favors the concept of a symphonic musical instrument with a prevailing French phenomenon. The designed and built musical instrument should be suitable for organ concertos with symphonic orchestra, for regular organ parts in symphonic repertoire from the 19th to the 21st centuries, for accompaniment of the philharmonic choir, and for solo organ repertoire ranging from the 19th to the 21st centuries. Architectural considerations: The bidder will design and build a musical instrument, which will visually represent the time of its production, but at the same time, it will be compatible with the present interior of the concert hall. The bidder has to take into consideration the fact that the Concert Hall of the Slovak Philharmonic is the “top national concert hall” and that, as before, “its organ will become the symbol of Slovak music culture”. The bidder will make a plan of the disassembly, documentation and deposition of the original instrument in the concert hall, where the new organ will be mounted, and after the plan is approved by the contracting authority, the bidder will carry it out..
Estimated value excluding VAT: 1 400 000,00 EUR.
II.2.2) Options:
Yes.
Descriptions of these options: Options are focused to the conditions of the after guarantee services.
If known, provisional timetable for recourse to these options: in months: 60 (from the date of the contract signing).
II.3) DURATION OF THE CONTRACT OR TIME-LIMIT FOR COMPLETION:
Duration in the months: 24 (from the date of the contract signing).
INFORMATION ABOUT LOTS
LOT No. 001 TITLE: Production, delivery and assembly of a modern symphonic concert organ with French characteristics.
1) SHORT DESCRIPTION:
The bidder will present an organ as “an accomplished work of art in itself”, which meets the requirements of a modern symphonic concert organ with French characteristics – a musical instrument. This instrument has to be designed and built in such a way that it meets the requirements of ensemble music and solo performances with a symphonic orchestra. The bidder will design and build the musical instrument as follows: a) it will be contained in a single case, b) it will have two consoles, c) it will have three manuals and a maximum of 65 stops, d) the ranges of the manuals will be C–c4, e) of the pedalboard C–g1, f) the key action will be combined, electrical and mechanical, g) the stop action will be electrical, h) it will have Setzer combinations, i) the couplers will be combined, electrical and mechanical. The concept of sound and disposition – the organ will be a symphonic type of instrument. Because in Slovakia there is no organ of the French type, the contracting authority favors the concept of a symphonic musical instrument with a prevailing French phenomenon. The designed and built musical instrument should be suitable for organ concertos with symphonic orchestra, for regular organ parts in symphonic repertoire from the 19th to the 21st centuries, for accompaniment of the philharmonic choir, and for solo organ repertoire ranging from the 19th to the 21st centuries. Architectural considerations: The bidder will design and build a musical instrument, which will visually represent the time of its production, but at the same time, it will be compatible with the present interior of the concert hall. The bidder has to take into consideration the fact that the Concert Hall of the Slovak Philharmonic is the “top national concert hall” and that, as before, “its organ will become the symbol of Slovak music culture”.
2) COMMON PROCUREMENT VOVABULARY (CPV):
37311300, 37320000, 37321000, 51500000, 50860000.
3) QUANTITY OR SCOPE:
The bidder will present an organ as “an accomplished work of art in itself”, which meets the requirements of a modern symphonic concert organ with French characteristics – a musical instrument that will replace the original instrument with 85 stops.
4) INDICATION ABOUT DIFFERENT DATE FOR DURATION OF CONTRACT OR STARTING/COMPLETION:
Duration in months: 24 (from the date of the contract signing).
5) ADDITIONAL INFORMATION ABOUT LOTS:
From 2009 to 2011 the contracting authority will carry out a reconstruction of the building where the organ is to be installed; the opening of the concert season in the reconstructed building is scheduled for autumn 2011. The dialogue about the deadlines is part of the competitive dialogue.
LOT No. 02 TITLE: Disassembly, documentation and deposition of the original organ with the aim of its transport to a different location.
1) SHORT DESCRIPTION:
The bidder will make a plan of the disassembly, documentation and deposition of the original instrument in the concert hall, where the new organ will be mounted, and after the plan is approved by the contracting authority, the bidder will carry it out.
2) COMMON PROCUREMENT VOCABULARY (CPV):
37311300, 37320000, 37321000, 51500000, 50860000.
3) QUANTITY OR SCOPE:
The original organ is mounted under the window on the front of the building oriented to the Medená street. It is a four-manual Rieger-Kloss with 85 stops. The organ has electro-pneumatic key action and one movable console. It was built by the Organ Factory in Krnov, Czech Republic in 1956.
4) INDICATION ABOUT DIFFERENT DATE FOR DURATION OF CONTRACT OR STARTING/COMPLETION:
Duration in months: 06 (from the date of the contract signing).
5) ADITIONAL INFORMATION ABOUT LOTS:
The contracting authority expects the disassembly time to be as short as possible and the progress of the disassembly will have to be coordinated with the reconstruction of the building or with the assembly of the new organ. The contracting authority expects the successful bidder to cooperate in the process of placement of the original instrument (identification of the potential new owner of the organ).
SECTION III: LEGAL, ECONOMIC, FINANTIAL AND TECHNICAL INFORMATION
III.1) CONDITIONS RELATING TO THE CONTRACT
III.1.1) Deposit and guarantees required:
A bid bond amounting to 66.600 EUR is requested. The bid bond has to be in the EUR currency. The deposit of the bid bond is regulated by Act No. 25/2996 Z. z. If the prospective bidder deposits the bid bond in financial form, the bid bond has to be credited to the account of the contracting authority not later than the deadline for the (final/closing) bids.
III.1.2) Main financing conditions and payment arrangements and/or reference to the provisionsregulating them:
The subject of the contract will be financed from the appropriating funds of the State Budget of the Slovak Republic. The advance payment will be negotiated with the successful bidder and it has to comply with standard procedure of organ building and with the legislature of the Slovak Republic in the field of public financing. The contracting authority will not restrict the number of prospective bidders who will be invited into the dialogue. In the course of the dialogue the contracting authority plans to reduce the number of solutions to three.
III.1.3) Legal form to be taken by the grouping of economic operators to the contract is to be awarded:
A bid can be made also by a group of suppliers. A group of suppliers submits documents proving that it satisfies the conditions for participation in the procedure regarding the personal standing (Article 26 of the Public Procurement Law) for each member of the group separately and proof that it satisfies the conditions for participation regarding the financial and economic standing (Article 27) or technical or expert qualification (Article 28) together as a group. The contracting authority will call for the establishment of a legal relationship according to Act 513/1991 (Code of Commerce), if the contract is awarded to the group bid, in order to secure a correct contract and its fulfillment; the group of suppliers undertakes to designate a group leader – a company charged with communication and invoices.
III.1.4) other particular conditions to which the performance of the contract is subject:
Yes.
The contracting authority has set the date of completion of the work between July and September 2011, when the reconstruction of the building, which will house the organ, will have been finished (thus, the building of the organ will last 24 months). Detailed conditions can be found in the information document.
III.2) CONDITIONS FOR PARTICIPATION
III.2.1) Personal situation of economic operators, including requirements relating to enrolment on Professional or trade registers:
Information about formalities necessary for evaluating if requirements are met:
The candidate shall meet conditions set forth in Article 26 paragraph 1 Act. No. 25/2006 Coll. On Public Procurement and on Modifications and Amendments of Certain Acts (hereinafter referred to as ”Act on Public Procurement”) and shall prove his meeting of these conditions in accordance with Article 26 paragraph 2 Act on Public procurement by submitting the original documents or their officially verified copies (documents with variable validity, e.g. excerpt from the Commercial registry or excerpt from the Criminal records etc. shall not be issued sooner than three months prior to the date of submitting of documents). The candidate is entitled to substitute the required document according to Article 26 paragraph 2 Act on public procurement by confirmation of Office for Public Procurement, if candidate is registered in the list of entrepreneurs kept by the Office for Public Procurement. In case the candidate is registered in the list of entrepreneurs, the candidate shall submit the original or officially verified copy of document on business license not older than 3 month prior to the date of submitting of documents in order to prove the powers to act on behalf of candidate, Candidate is obliged to have in the document on his business license this subject of business: design, production, assembly and service of organs or that candidate is entitled to provide as a business organization such musical instruments and services related to their designing, production and supply.
III.2.2) Economic and financial capacity:
Financial and economic standing according to Article 27 Act on Public Procurement shall candidate prove by submitting of the following documents (original or officially verified copy, the date of issuing of document , which validity is variable, shall not be older than three months) :
a / Under Article 27 paragraph 1 letter a) by statement of a bank or a foreign bank branch, which may be a commitment of a bank or foreign bank branch to extend a loan – bank information (letter – original or officially verified copy, not older than three months to the date 26.08.2008????
b) Under Article 27 paragraph 1 letter b) – for the 1st part of the Subject of Contract – organ- blue card of professional liability insurance or by submitting of insurance contract ( officially verified copy) or certificate of respective insurance company on business risks insurance with minimum insurance compensation amount 330 000 EUR. The candidate shall submit a copy of insurance contract or certificate on conclusion of insurance contract (insurance policy) and the draft of insurance contract. The Insurance contract must be valid and effective.
c) For the 1st part of the contract subject – organ – document proving that the financial value of contracts relating to organ production (production of organs it´s parts or organ components) in the preceding seven years were at least 2600 000 EUR. The Document may be e.g. document pursuant to Article 27 paragraph 1 letter d) of the Act on Public Procurement – statement on profits and losses and on incomes and expenditures for the years 2001 separately, 2002 separately, etc. 2007 separately, e)) For the 1st part of the contract subject - organ- document proving that financial value of contracts relating to the services for organs and organ production (service and repair of organs etc.) in the proceeding seven years was at least 100 000 EUR per year. The document may be e.g. by locally competent tax authority verified balance sheet or statement of assets and liabilities or the data from it relating to years 2001 to 2007
III.2.3) Technical capacity:
Technical Ability or Professional Suitability pursuant to Article 28 Act on Public Procurement the contractor shall prove by submitting of the following documents (original or officially verified copy): In accordance with Article 28 paragraph 1 letter a) Act on Public Procurement by a list of organ supplies delivered or services for organ production provided over the preceding seven years (from 2001 to 2007), by a list of supplies of similar musical instruments , building, it´s address , where the musical instrument is installed , it´s basic parameters, business name or the name of organization, which was the buyer, an address of seat, contact data relating to the representative of the buyer, by whom the mentioned facts can be verified.
A minimum standard delivery of three organs or overall reconstruction/ repairing / remodelation of three organs.
By data concerning education and professional experience or professional qualification of the managing staff, in particular of the persons responsible for the delivery of organs, the organ parts and components and or for the provision of the related services (minimum two) signed by those persons. By indicating the share of contract performance, which the candidate intends to subcontract by a third person (candidate shall state which activity, what financial amount in, and by which particular third party - minimum business name, address, identification number, VAT registration number. )
III.2.4) Reserved contracts:
No.
III.3) CONDITIONS SPECIFIC TO SERVICES CONTRACTS
III.3.1) Execution of the service is reserved to a particular profession:
III.3.2) Legal persons should indicate the names and Professional qualifications of the staff responsible for the execution of the service:
SECTION IV: PROCEDURE
IV.1) DRUH POSTUPU
IV.1.1) Type of procedure:
Competitive dialogue.
IV.1.2) Limitation on the number of operators who will be invited to tender or to participate:
IV.1.3) Reduction of the number of operators during the negotiation or dialogue:
Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated: Yes.
IV.2) AWARD CRITERIA
IV.2.1) Award criteria:
The criteria in the specifications, in the invitation to the tender or to negotiate or in the descriptive document.
IV.2.2) An electronic auction will be used:
No.
IV.3) ADMINISTRATIVE INFORMATION
IV.3.1) File reference number attributed by contracting authority:
SF-01/2008/nlsd/T/MM; 2496/2008.
IV.3.2) Previous publication(s) concerning to the same contract:
Prior information notice
Notice number in OJ: 2008/S 125-166550 of 1.7.2008.
IV.3.3) Conditions for obtaining specifications and additional documents or descriptive document:
Time-limit for receipt of request for documents or for accesing documents: 12.03.2009 - 14:00.
Payable documents: No.
IV.3.4) Time-limit for receipt of tender or requests to participate:
3.2.2009 - 14:00.
IV.3.5) Date of dispatch of invitations to tender or to participate to select candidate:
IV.3.6) Language(s) in which tenders or requests to participate may be drawn up:
Slovak.
Other: EN, CS.
IV.3.7) Minimum time frame during which the tenderer must maintain the tender:
IV.3.8) Conditions for opening tender:
SECTION VI: COMPLEMENTARY INFORMATION
VI.1) THIS IS A RECURRENT PROCUREMENT:
No.
VI.2) CONTRACT RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY COMMUNITY FUNDS:
Nie.
VI.3) ADDITIONAL INFORMATION:
Prior to submitting the documents proving that he satisfies the conditions for participation, the prospective bidder is advised to submit a formal written (letter or electronic letter) application with complete contact information including E-mail address and identification of the contact person, so that he can receive information concerning the conditions of participation. The contract notice for competitive dialogue can be found in Slovak and English language at www.filharmonia.sk . Detailed description of the conditions for participation can be found in Slovak and English at www.filharmonia.sk . In case of inconsistencies, the Slovak language is legally binding. Documents proving that the bidder satisfies the conditions of participation (documents of qualification) have to be presented in Slovak language. If submitted in other language than Slovak, they have to be accompanied by originals or officially approved photocopies of their official Slovak translations. Apart from information documents including the plan of the concert hall and photographs of its current interior, the competitive dialogue will include an inspection of the location to where the subject of the contract is to be supplied, which the contracting authority considers as part of explanation of information documents. The contracting authority has set the date of the inspection for 20 January 2008 at 2 p.m., in the concert hall of its seat; the inspection will include a detailed explanation of the conditions of participation. The contracting authority plans to organize two dialogues with each qualified prospective bidder, and afterwards it will invite him to present his final bid. Each dialogue will include a partial bid and it will result in changes of and additions to the information documents, which will be the same for all prospective bidders. Prospective bidder who wishes to present himself in the competitive dialogue as a group of suppliers (two or more companies) has to apply as a group of suppliers (not individually). Once the dialogue has started, it is not allowed to create a group of suppliers, even if its members would be qualified prospective bidders who applied individually.
VI.4) PROCEDURES FOR APPEAL
VI.4.1) Body responsible for mediation procedures:
Slovak Philharmonic, Post address: Medená 3, district Bratislava - Staré Mesto, SK-816 01 Bratislava I. E-mail: ivan.czech@filharmonia.sk. Tel.: (421-2) 20 47 52 35. URL: www.filharmonia.sk Fax: (421-2) 20 47 52 56.
Body responsible for appeal procedures:
Office of Public Procurement, Dunajská 68, P.O.BOX 58, District Bratislava - Staré Mesto, SK-820 04 Bratislava I. Tel.: (421-2) 50 26 42 18. URL: www.uvo.gov.sk . Fax: (421-2) 50 26 42 19.
VI.4.2) Lodging of appeals:
Act No. 25/2006 Coll. Of Acts as of 14 December 2005 with title Act on Public Procurement and on Modification and Amendment of Certain Acts in later amendments
VI.4.3) Service from which information about the lodging of appeals may be obtained:
Office for Public Procurement, Dunajská 68, P.O.BOX 58, district Bratislava - Staré Mesto, SK-820 04 Bratislava I. Tel.: (421-2) 50 26 42 18. URL: www.uvo.gov.sk . Fax: (421-2) 50 26 42 19.
VI.5) DATE OF DISPATCH OF THIS NOTICE:
4.12.2008.
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B. Call for participation in the dialogue regarding the construction of the new organ for the Slovak Philharmonic in Bratislava