PROVIDING CLARIFICATION / INTRODUCTION OF AMENDMENTS

Transcription

1 PROVIDING CLARIFICATION / INTRODUCTION OF AMENDMENTS Project: Odra Vistula Flood Manage Project Contract: 3B.1 Flood protection Sandomierz Procedure: ICB Concerns: Prequalification Docu Date: ice: Invitation for Prequalification OVFMP-3B.1 Employer: Swietokrzyskie Board of Land Reclamation and Waters in Kielce Country: Poland ANSWERS TO QUESTIONS AND CLARIFICATIONS Page Section Query / Clarification Reply (yes/) Section III, 4.2 (a) 1. Please clarify the following provisions in prequalification docus relating to the contract: Flood protection Sandomierz. Section III. Qualification Criteria and Requires point 4. Experience point 4.2 (a) Specific Construction & General Contractor Experience: (i) A minimum number of similar 8 contracts specified below that have been satisfactorily and substantially 9 completed as Contractor, Joint Venture member 10, General Contractor or sub-contractor 10 between 1st January 2010 and application submission deadline: (i) 2 contracts with a minimum value of EUR 55 million each; or (ii) 1 contract with a minimum value of EUR 110 million. Joint Venture (existing or intended) all Parties combined: Must meet require 11 Yes, as explained in footte 11 parties of JV must together meet the require, whereby the value of contracts completed by its members shall t be aggregated to determine whether the require of the minimum value of a single contract has been met. In determining whether the JV meets the require of total number of contracts, only the number of contracts completed by all members each of value equal or more than the minimum value shall be aggregated.

2 Page Section Query / Clarification Reply (yes/) 11 In the case of JV, the value of contracts completed by its members shall t be aggregated to determine whether the require of the minimum value of a single contract has been met. Instead, each contract performed by each member shall satisfy the minimum value of a single contract as for single entity. In determining whether the JV meets the require of total number of contracts, only the number of contracts completed by all members each of value equal or more than the minimum value shall be aggregated Section III, 4.2 (a) Please clarify if the Employer will recognize the following for satisfying the condition by a Joint Venture of companies within one capital Group, where: - Entity X completed at least one contract with a value over 55 million EUR and which included works similar to construction works described by the Employer in prequalification docus Section VII. Scope of Works, - Entity Y completed at least one contract with a value over 55 million EUR and which included works similar to construction works described by the Employer in prequalification docus Section VII. Scope of Works, - Entity Z did t complete at least one contract with a value over 55 million EUR and which included works similar to construction works described by the Employer in prequalification docus Section VII. Scope of Works (this entity completed a contract with a value over 22.5 million EUR). 2. Regarding the Eligibility and Qualification Criteria we ticed, that the requested Contract Value in 4.2 of 110 M (or 2 x 55 M ) Yes, the value indicated in 4.2 is correct. Whereas the value of Average Annual Construction Turver (3.2) is changed to yes 4

3 Page Section Query / Clarification Reply (yes/) Section III, 4.2 (a) 13, 32-33, 36 Section I, 24.2 ITA, Section IV, Application Submission and ELI-1.2 is very high in relation to the Average Annual Turver according to point 3.2 of 43 M. Are you sure that the values indicated are correct? 3. On page 28 there is a te. 11. On reading this te, we mean to understand that a joint-venture doesn t make sense. Could you explain this te? 4. Please confirm that with respect to proposed specialist subcontractors indicated in Application it is to fill in ELI-1.2 only. If t, please indicate which forms should be filled in for proposed specialist subcontractors? EUR 32.5 million (thirty two and a half million EUR). The te indicates that for the Employer to consider JV s compliance with the requires (in case of indicating two contracts) each contract must have a min value of 55 million euros. To establish compliance with the require of minimum value of the contracts the Employer will t add the value of all individual contracts presented by JV. For example, the require will t be met if JV members will present 2 contracts of which one will have a value of 95 million euros and the second one 20 million euros. In case of JV it may happen that one entity will present a contract with a value of 60 million euros while the other entity will present a contract with a value of 55 million euros and according to the condition set out in footte 11 the Employer will consider the require as satisfied (the Bidder (JV) presented two contracts where each one has a minimum value of 55 million euros). Due to the fact that the experience of specialist subcontractors will t be taken into account in the assess because according to Point 24.2 specialist works subcontracting does t apply to this stage of tender procedure, there is need to submit ELI-1.2 for specialist subcontractors. The entities submitted as subcontractors for certain works according to Point 24.3 ITA are t expected to fill in any s since the Prequalification Docu does t indicate any key types of works, specified in Point

4 Page Section Query / Clarification Reply (yes/) 4.2(a) or (b) Section III, which could be subcontracted. For informative purposes, in Section II, point ITA 24.3, the Employer defined a maximum percentage of works which may be carried Section III, 4.2(a) and 4.2(b) Section III, 4.2(a) 5. Should proposed specialist subcontractors indicated in Application comply with require set out in Chapter III Criteria and with requires regarding financial situation i.e. Point 3.1 and Point 3.2, experience i.e. Point 4.2 (a) and Point 4.2 (b)? If yes, would you consider revision of this require, as we consider it to be too strict. 6. Section III. Qualification Criteria and Requires, Point 4. Experience, Point 4.2(a) Specific Construction & Contract Manage Experience: Minimum number of similar contracts (...). 8 Similarity shall be based on the physical size, complexity, methods / techlogy and/ or other characteristics described in Section VI, Scope of Works. Summation of number of small value contracts (less than the value specified under require) to meet the overall require will t be accepted. Because of a very extensive scope of works described in Section VI, Scope of Works, please clarify if the Employer will consider the following Contractor s experience on contracts exceeding 55 million EUR to comply with the require described in Section III Point 4, 4.2(a): - demolition works, removing plants, removing topsoil, macro-levelling, - earthworks, shaping embanks, excavations, - road works, construction of emergency exits, out by subcontractors. The experience of specialist work subcontractors is t considered into account in the evaluation on the grounds that specialist work subcontracting, according to Point 24.2, is t for this tender procedure; therefore, in the Application, in Point (d), it is to write t. Based on their own kwledge and experience the Applicant musts must make their own judg and decide whether or t the contract is similar to this contract.

5 Page Section Query / Clarification Reply (yes/) service roads, road surface, - construction of culverts, - construction of environ protection facilities, animal crossing, - site services, plumbing, telephones, water lines, sewage lines, - hydraulic works such as: driving of sheet pile walls in the river, infilling at the bottom of the river, construction of artificial island, strengthening with gabions, r/c casing to sheet pile walls, casing of river spurs, drainage pipes, cleaning and strengthening of ditches, - construction of environ protection facilities, planting, acoustic screens and earth banks, retention tanks, - bridges, retaining walls, animal crossing, Section IV, FIN Section IV, FIN Section IV, CON-2 - r/c and steel engineering structures. 7. FIN-3.1 Please confirm that by short-term liabilities the Employer means an item of the Balance Sheet Item B Point III. Short term liabilities current liabilities over 12 months (for the last five years). 8. FIN-3.1 Please clarify whether financial state for the last five years with expert auditor s opinion should be attached to FIN-3.1 as indicated in Section III Point 3.1, or should the Contractor submit full report for the last five years (approx. 60 pages per year), as indicated in the. 9. CON-2 Please clarify if there is mistake in item Pending Litigation, in accordance with Section III. Qualification Criteria and Requires Point 2.2 is recalled in the, while in our opinion it should be Point 2.3. This is where the Applicant enters the amount from the Balance Sheet Liabilities Item B Point III. Short-term liabilities, i.e. total of all short-term liabilities. Complete Financial States for the last five years confirmed by the auditor's opinion or if it is t confirmed on the basis of tax returns should be submitted. CON-2 by mistake recalls Point 2.2 in lines 6 and 9 of the table. The part relating to pending litigation (line 6 of the table) should recall Point 2.3 of Section II ItA. yes 4

6 Page Section Query / Clarification Reply (yes/) The part relating to history of litigation (line 9 of the table) should recall Point 2.4 of Section Section IV, CON Section IV, CON Section IV, CON Section IV, CON-2 41 Section IV, FIN Section IV, CON Section IV, EXP-4.2(b) 10. CON-2 How to indicate in column 2 whether the decision was / will be in favor of the Contractor or the Employer 11. CON-2 In part 3 column 1 the Applicant should enter Judge year which suggests that the closed litigation should be indicated, t pending litigation. 12. CON-2 Should we indicate disputes which were dismissed 13. CON-2 Please clarify if Item 2 should contain pending litigation and Item 3 closed litigation. 14. FIN.3.2. Average Annual Construction Turver - does turver mean part of the revenues from sales indicated in Balance Sheets and related only to sales of construction works in net values (excluding VAT) or gross pays received for construction works (including VAT)? 15. Point 2.3 Pending litigation ( CON- 2) - should all pending litigation be indicated or only litigation against the Applicant? 16. EXP-4.2(b): Please clarify if to fill in table 1 for Key Activities 2: construction of at least two pump stations with total capacity of minimum 2.0 m 3 /s the Applicant should enter: Quantity (volume, number or rate of production, as ) performed under the contract per II ItA. Information whether the decision was in favor of the Applicant should be provided in the third part of the table (line 11) concerning closed litigation. In part 3 of the table (line 11) closed litigation should be indicated to demonstrate compliance with condition 2.4 of Section III. yes 4 Second part of the table (line 8) should indicate pending litigation. Third part of the table (line 11) should indicate closed litigation. In this position the Applicant should indicate value of the revenue from sales indicated in Balance Sheets and related only to sales of construction works in net values (excluding VAT). All pending litigation to be indicated. In case of table 1 for Key Activities 2: construction of at least two pump stations with total capacity of minimum 2.0 m 3 /s the Applicant does t have to fill in: Quantity (volume, number or rate of production, as ) performed under the contract per year or part of the year [Insert extent of

7 Page Section Query / Clarification Reply (yes/) Section III, criteria Section IV, EXP-4.2(b) Section III, 4.2 (a) year or part of the year [Insert extent of participation indicating actual quantity of key activity successfully completed in the role performed] in particular years, as there is restriction that the task must be executed in 12 consecutive months. 17. Please confirm that value of the works indicated in Point 4 (Experience) Section III (Qualification Criteria and Requires) are gross values. 18. Please clarify how to fill in EXP 4.2 (b) Experience in execution of key construction works Key Activities 2: construction of at least two pump stations with total capacity of minimum 2.0 m 3/ /s in lines 7, 8, 9 of the table, where the following information should be provided: Quantity (volume, number or rate of production, as ) performed under the contract per year or part of the year [Insert extent of participation indicating actual quantity of key activity successfully completed in the role performed] Year 1, Year 2, Year 3? 19. The Applicant is requesting confirmation that in case when the contract was impleed by a Joint Venture, the Applicant (who was one of the partners of the Joint Venture) may indicate the full value and scope of the contract (in accordance with Polish Law, including Public Procure Law). participation indicating actual quantity of key activity successfully completed in the role performed] in particular years; it is sufficient to fill in in column 1 dates when the works were executed, i.e. from mm-yy to mm-yy. Yes, value of the works indicated in Point 4 (Experience) Section III (Qualification Criteria and Requires) are gross values. See answer to question 16. In accordance with provision 10 of Section III Prequalification Docu For contracts under which the Applicant participated as a joint venture member or sub-contractor, only the Applicant s share, by value, shall be considered to meet this require Section IV, CON In Section III. Qualification Criteria and Requires Point 2.3 the Employer indicated the information regarding Pending Litigation, which should be indicated in CON-2. Please clarify as CON-2 line 6 speaks of Pending litigation or the lack off in accordance See answer to question 9. yes 4

8 Page Section Query / Clarification Reply (yes/) with Section III Qualification Criteria and Requires, Point , , Section I, ITA 24.3 and 25.2/ Section IV, Application Submission Section I, ITA 24.2 and 24.3 / Section III, Section II, ITA In compliance with ITA, Section I, Point 24.3, the Employer allows for the Applicant s bidr for subcontracting some works and in accordance with the provisions of Point 25.2 ITA, the Employer indicates that the Applicant intending to subcontract over 10 % of the total work scope is obliged to specify, in the Application, the activities or parts of works subcontracted. Nevertheless, in the Application, the Employer failed to provide a space for the Applicant s inserting of the scope of activities or part of works for such subcontractors (i.e. other than specialist work subcontractors). Accordingly, we kindly ask for allocating a space for the Applicant to provide information on subcontractors other than specialist work subcontractors, in compliance with the provisions of Points 24.3 and Due to the discrepancies within ITA provisions, which refer to the Employer s consideration of experience while assessing the criteria specified in Section III, Point 4.2. Experience, we kindly ask for clarification whether the experience of specialist (key) work subcontractors is taken into account in the assess of the Contractor s experience. 23. For the reason that there is plenty of information and docuation to be prepared for the Application, we kindly ask for postponing the deadline for docuation submission with two weeks, which is the day of The entities submitted as subcontractors for certain works according to Point 24.3 ITA are t expected to fill in any s since the Prequalification Docu does t indicate any key types of works, specified in Point 4.2(a) or (b) Section III, which could be subcontracted. For informative purposes, in Section II, Point ITA 24.3, the Employer defined a maximum percentage of works which may be carried out by subcontractors. The experience of specialist work subcontractors is t considered in the assess on the grounds that specialist work subcontracting, according to Point 24.2, is t for this tender procedure; therefore, in the Application, in Point (d), it is to write t. See answer to question 4. The deadline for submitting Applications has been postponed, in accordance with No 1, to the date of , in accordance with No 2, to the date of and in accordance with No 3, to the date of The deadline for submitting the Application in accordance with the yes 1, 2, 3, 4

9 Page Section Query / Clarification Reply (yes/). 4 is established for Section III, 4.2(a) Section I, ITA Will the Employer accept a condition for participation in the procedure within necessary kwledge and experience if the Contractor demonstrates the performance of works for the total value as part of one project covered by single financing to the benefit of the same entity based on more than one legal relation, which connect them with such an entity directly? 25. Pursuant to Point 25.2 ITA, the Applicants are obliged to provide information on subcontractors, if they intend to subcontract some works. Therefore, will the Employer accept subcontractors (fulfilling ITA requires) for fulfilling the procure upon prequalification or upon concluding the contract, if such subcontractors were t specified in the Application? At this stage, the Applicant does t plan to employ any subcontractors which, nevertheless, is t tantamount to the obligation of personal performance. In particular due to the nature of a contract for construction works, it cant be excluded that upon having entered into the contract it will t be necessary to subcontract some works. Since the qualifications and experience of subcontractors are t taken into account at the time of prequalification, in the Applicant s opinion there are impedis for the Employer to accept subcontractors fulfilling ITA requires for performing the contract, even though they have t been indicated in the Application. The Employer is t able to determine whether a condition is satisfied on the basis of such a general question; nevertheless, the Employer emphasises te No 8 to the said condition 4.2(a), according to which Aggregating the contracts of a low value (lower than the value defined in the require) in order to satisfy a general require within this scope is t allowed. All the issues pertaining to subcontracting upon entering into the contract with the Contractor are governed by the Contract Provisions (including but t limited to Point 4.4 of the General Provisions), which will constitute a part of the Bidding Docuation at the second stage of the Bidding Procedure.

10 Page Section Query / Clarification Reply (yes/) 10 Section I, ITA Section II, ITA Section IV, Application Submission 26. In the point 11.2 ITA, the Employer indicated that the Applicant shall provide information on commissions and gratuities, if any, paid or to be paid to agents or any other party relating to the Application. The Applicant asks for clarification of the content of this point, because on the basis of Prequalification Docus it cant be determined the scope of entities called agents or any other party. 27. In Section II. Prequalification Data Sheet, letter E, the Employer indicated that Applicants planning to subcontract more than 10% of total volume of works shall specify, in the Application Submission, the activity(ies) or parts of the works to be subcontracted along with complete details of the sub-contractors and their qualification and experience. The qualification and experience of the sub-contractors must meet the minimum criteria for the relevant works to be subcontracted failing which such sub-contractors will t be permitted to participate. What the Employer understands under the term qualifications and experience of subcontractors? Are these the same requires that are to Applicants? Or it is only 10% of requires to Applicants? The Applicant also asks for clarification of the method used by the Employer to check meeting the minimum criteria for relevant works whose performance to be sub-contracted. 28. In many provisions of the Prequalification Docus, in particular concerning subcontractors, the Employer refers to the key works/activities, e.g.: in the Application : We, in accordance with ITA 24.2, plan to Point 11.2 ITA imposes an obligation on the Applicant to provide information on fees or commission paid on any grounds whatsoever to external entities in relation to the prequalification procedure as part of ORFPP 3B.1 Procedure. See answers to questions 4, 5, 21 and 22. See answers to questions 4, 5, 21 and 22.

11 Page Section Query / Clarification Reply (yes/) subcontract the following key activities and/or parts of the works: [Insert any of the key activities identified in Section III- 4.2(a) or (b) which the Employer has permitted under the Prequalification Docus and which the Applicant intends to subcontract along with complete details of the subcontractors, their qualification and experience]. The Applicant asks for clarification of how the Employer understands the term key works/activities (besides the earth works in the scope of building embanks and/or 27 Section III, Section III, 4.2 (a) building a pumping station)? 29. In point 3.2 Section III. Qualification Criteria and Requires, the Employer determined the amount of money of average annual construction turver, calculated as total certified pays. The Applicant asks for clarification, what the Employer understands under the term certified. What docus are considered as certified (invoices, pay certificates or other docus)? 30. In the point 4.2.(a)(i) Section III. Qualification Criteria and Requires the Employer indicated, that the Applicant shall meet the require in the scope of minimum number of similar contracts (to the subject of the procure) and the similarity shall be based on the physical size, complexity, methods/techlogy and/or other characteristics described in Section VI, Scope of Works. The Applicant asks for clarification of rules and methods in comparing the contracts adapted by the Employer. Does the Employer have the methodology developed for Certified pays should be read as issued and paid or t yet paid Contractor s invoices, but approved indisputably for pay by the Employer. The Employer shall use the factors, methods, criteria, and requires defined in Section III, Qualification Criteria and Requires, to evaluate the qualifications of the Applicants, and other methods, criteria, or requires shall be used.

12 Page Section Query / Clarification Reply (yes/) the needs of comparison (if so, please provide it)? 10 Section I, ITA , Section I, ITA 4.5 / Section IV, ELI-1.1 and Section IV, FIN The Applicant asks for clarification, whether the Employer requires apostille or legalization of register and financial docus submitted at the prequalification stage of the proceedings by a company established outside the European Ecomic Area? Does the Employer requires, at the prequalification stage of the proceedings, a certified translation of docus, or just an ordinary translation? 32. According to 4.5 ITA, it is necessary to attach the following docus: Articles of Association (or an equivalent docu ackwledging the establish of an entity) and its registration docus, as the case may be, whereas in ELI-1.1 and 1.2 s, there is the following provision: Articles of Association (or an equivalent docu ackwledging the establish of an entity) and/or registration docus of the aforeioned legal entity pursuant to Point 4.5 ITA. We ask for clarification whether it is adequate to attach a duplicate of the National Court Register to the Application or the Articles of Association are a must. 33. For the purposes of confirming a financial standing, will it be adequate to attach FIN-3.1 with some financial reports for the last 5 years, i.e. balance sheet, account of profits The Employer does t require providing apostille or legalised version of the register and financial docus submitted at the prequalification stage by a company operating its business activity beyond the European Ecomic Area. Pursuant to Point 10.1 Section I Supporting docus and printed literature that are part of the Application may be in ather language, provided they are accompanied by an accurate translation of the relevant passages in the language specified in the PDS, in which case, for purposes of interpretation of the Application, the translation shall govern., which means that translations of docus do t need to be certified. Depending on the fact whether the Applicant was established or registered in a given country and it operates its ecomic activity in compliance with legal regulations binding in such a country, it is necessary to file such docus (which means Articles of Association (or an equivalent docu ackwledging the establish of an entity) and/or registration docus, as appropriate), which will enable the assess of the Applicant s fulfil of eligibility requires under Point 5.1 ITA. See answer to question 8.

13 Page Section Query / Clarification Reply (yes/) and losses and cash flows states including an opinion issued by a statutory auditor? 21 Section II, ITA , Section II, ITA 17.1 / Section III, 4.2(a) and 4.2(b) 34. We kindly ask for postponing the deadline for submitting the Applications to the day of since we have t received your response to some of our queries, which are essential for the preparation of the Application. Due to the fact that the project which is the object of the Tender Procedure is a priority invest, it would be advantageous for the Employer that the bids are submitted by entities with the widest experience possible in works under the Tender Procedure. The current deadline, which is , prevents preparing a professional application which would fulfil formal requires. We are looking forward to the positive consideration of our request. 35. In connection with the anunce of the prequalification procedure for: Odra Vistula Flood Manage Project Sandomierz Flood Protection, we kindly ask for postponing the deadline for submitting the applications from to , and for amending the provisions of the tender docuation on page 34 and 35 Point 4.2 (a) and 4.2 (b) concerning Specific Construction & Contract Manage Experience. (i) A minimum number of similar contracts specified below that have been satisfactorily and substantially completed as a prime contractor, joint venture member, manage contractor or sub-contractor between 1st January 2010 and application submission deadline: (i) 2 contracts, each of minimum The deadline for submitting Applications has been postponed, in accordance with No 1, to the date of , in accordance with No 2, to the date of and in accordance with No 3, to the date of The deadline for submitting the Application in accordance with the. 4 is established for The deadline for submitting Applications has been postponed, in accordance with No 1, to the date of , in accordance with No 2, to the date of and in accordance with No 3, to the date of The deadline for submitting the Application in accordance with the. 4 is established for It is t possible to change the requires for 4.2 (a) and 4.2 (b). The value of contracts were calculated on the basis of the guidelines of the World Bank in this regard. yes 1, 2, 3, 4 yes 1, 2, 3, 4

14 Page Section Query / Clarification Reply (yes/) value EUR 55 mil.; Or (ii) 1 contract, of minimum value EUR 110 mil.; For the above and any other contracts completed and under impleation as prime contractor, joint venture member, manage contractor or sub-contractor between 1st January 2010 and application submission deadline, a minimum construction experience in the following key activities successfully completed: -execution of earth works in any one year or in any 12 months period during the last five years embanks with volume of m 3. Our request is motivated by limited time caused by numerous public holidays prior to , which prevents the preparation of a material and satisfactory application. The requires concerning specific experience as part of the performance of construction works, i.e. a require for demonstrating two contracts for a total amount of EUR 110 million, or one contract for the above-ioned amount, and the demonstration of the performance of an embank covering m 3 cause that only foreign companies will participate in the Tender Procedure. In Poland there are few contractors impleing such large invests and they are t capable of meeting your expectations. Therefore, we suggest introducing the following provision: (i) A minimum number of similar contracts specified below that have been satisfactorily and substantially completed as a prime contractor, joint venture member, manage contractor or sub-contractor between 1st

15 Page Section Query / Clarification Reply (yes/) January 2010 and application submission deadline: (i) 2 contracts, each of minimum value EUR 25 mil.; Or (ii) 1 contract, of minimum value EUR 50 mil.; For the above and any other contracts completed and under impleation as prime contractor, joint venture member, manage contractor or sub-contractor between 1st January 2010 and application submission deadline, a minimum construction experience in the following key activities successfully completed: -execution of earth works in any one year or in any 12 months period during the last five years 21 Section II, ITA Section II, ITA Section III, embanks with volume of m Due to a lot of work and logistics necessary for the fulfil of the requires concerning the Invitation for the Prequalification Procedure and on account of the forthcoming Christmas time, we kindly ask for postponing the deadline for submitting the Applications with 14 days. 37. Is the deadline for submitting the Applications for the following Task: Sandomierz Flood Protection, Contract 3b.1. still 11 January 2016? Where any information on postponing the said deadline and other information on the procure is to be found? 38. If Subsidiary Company A ( A itself, t JV) participates in the Tender Procedure will The deadline for submitting Applications has been postponed, in accordance with No 1, to the date of , in accordance with No 2, to the date of and in accordance with No 3, to the date of The deadline for submitting the Application in accordance with the. 4 is established for The deadline for submitting Applications has been postponed, in accordance with No 1, to the date of , in accordance with No 2, to the date of and in accordance with No 3, to the date of The deadline for submitting the Application in accordance with the. 4 is established for No, the experience of Parent Company B which will be demonstrated by Subsidiary yes 1, 2, 3, 4 yes 1, 2, 3, 4

16 Page Section Query / Clarification Reply (yes/) 4.2(b) 13 Section I, 24.2 ITA 10, 20 Section I, 10.1 ITA / Section II 10.1 ITA the Employer accept the experience of Parent Company B, demonstrated by Company A, as adequate? (Company B does t participate in the Tender Procedure). The experience-related require refers to the demonstration of the impleation of at least two pumping stations with the minimum capacity of 2m3/s. 39. The Applicant requests the Employer to express a consent to use the kwledge and experience as well as references of a Subcontractor in specialised works for the needs of the Prequalification. In such a case will the Applicant meet the participation conditions in the above ioned Procedure and will the Employer take into account the kwledge, experience and references when evaluating the qualifications of the Applicant? 40. In the Invitation there is a state that all correspondence and docus related with the Prequalification and exchanged between the Applicant and the Employer shall be drawn up in the language specified in PDS. Suppleary docus and printed materials that constitute part of the Application may be in ather language provided that exact translation is attached to them and concerning relevant parts in the language specified in PDS; in such a case the translation shall be decisive for the interpretation of the Application. In case the docus attached to the Application (concerning financial, technical capacities, extract from the register) are in a foreign language, other than the English language, and they are regularly translated into the Polish language, certified by the Contractor, Company A, in the situation when only Company A ( A itself, t JV) participates in the Tender Procedure, cant be accepted as adequate for fulfilling the qualification requires. The Employer does t express their consent to the request of the Applicant. The experience of subcontractors of specialised works shall t be taken into account when evaluating the Applicants. No, the Employer shall t require additional sworn translation of any docus into the Polish language.

17 Page Section Query / Clarification Reply (yes/) will the Employer require additional sworn translation into the Polish language? 6 Section I, 4.2 ITA 10 Section I, 11 ITA 41. Is it possible - after successfully going through the Prequalification Procedure as one company, to enter into Joint Venture at the further stage and submit the application together with ather company? in other words is it obligatory at the stage of Prequalification to define what entities shall submit a bid? 42. Could you please confirm that the docus attached to the Application i.e. National Criminal Record (KRK) for the members of the manage board and the After successfully going through Prequalification Procedure as one company, it is possible at the further stage to enter into Joint Venture and submit a bid with ather company, however in accordance with ITA any change in the structure or formation of an Applicant after being prequalified in accordance with ITA 27 and invited to bid (including, in the case of a JV, any change in the structure or formation of any member thereto) shall be subject to the written approval of the Employer prior to the deadline for submission of bids. Such approval shall be denied if: (i) a prequalified applicant proposes to associate with a disqualified applicant or in case of a disqualified joint venture, any of its members; (ii) as a consequence of the change, the Applicant longer substantially meets the qualification criteria set forth in Section III, Qualification Criteria and Requires; or (iii) in the opinion of the Employer, the change may result in a substantial reduction in competition. Yes, at the Prequalification stage it shall be defined what entities shall submit a bid by submitting jointly with the Application, a JV agree or a letter of intent concerning the creation of JV. The Employer draws the attention to the fact that in Prequalification Docus there is require to submit with the Application the docus ioned by the Applicant.

18 Page Section Query / Clarification Reply (yes/) company may be issued 6 months prior to the deadline for submitting the Application, a In accordance with ITA 11 the Application shall comprise the following: certificate of arrears in relation to Social (a) Application Submission, in Insurance Institution (ZUS) and a certificate of accordance with ITA 12.1; arrears in relation to Tax Office may be (b) docuary evidence establishing issued 3 months prior to the deadline for submitting the Application. Could you please the Applicant s eligibility, in accordance with ITA 13.1; also confirm that the said docus have to (c) docuary evidence establishing be submitted with the Application it is related to the fact that the Applicant is a foreign the Applicant s qualifications, in accordance with ITA 14; and company and it needs more time to prepare (d) any other docu as the said docus and their translation into specified in the PDS. the Polish language by a sworn translator