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Republic of Macedonia

MINISTRY OF TRANSPORT AND COMMUNICATIONS





MTC-06-ZP-09


NOTICE NUMBER 38/2014








OPEN PROCEDURE NO 38/2014
FOR AWARDING A PUBLIC PROCUREMENT CONTRACT FOR SERVICES FOR
SUPERVISION OF THE CONSTRUCTION OF THE GAS PIPELINE OF THE REPUBLIC OF
MACEDONIA, LOT 1, SECTION: KLECHOVCE-SHTIP-NEGOTINO

TENDER DOCUMENTATION FOR A PROCEDURE CARRIED OUT THROUGH THE ESPP
AND ENDING WITH E-AUCTION
contract award criterion: lowest price


















Skopje, March 2014










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Republic of Macedonia
MINISTRY OF TRANSPORT AND COMMUNICATIONS


INVITATION TO SUBMIT A TENDER


Dear Sir/Madam,

The Ministry of Transport and Communication, with address at Str. Dame Gruev No 6, 1000,
Skopje, contact telephone number (02) 3 145 407 and (02) 3 145 445, fax (02) 3 226 392, e-mail:
rade.kecman@mtc.gov.mk and borce.razmoski@mtc.gov.mk needs to procure:

Supervision over the construction of the gas pipeline of the Republic of Macedonia, lot 1,
section: Klechovce-Shtip-Negotino

For that purpose, the contracting authority hereby implements an open procedure to award a public
procurement contract for services which shall end with electronic auction, as final phase in the open
procedure, by using the electronic means through the Electronic System for Public Procurement (ESPP)
available at the following address: https://www.e-nabavki.gov.mk, in accordance with articles 21 and 22 of
the Law on Public Procurement (Official Gazette of the Republic of Macedonia no. 136/07, 130/08,
97/2010, 53/2011, 185/2011, 15/2013 and 148/2013), and therefore it published the notice number 38/2014.

We kindly ask you to submit to us your tender for the above public procurement contract subject no
later than 25.04.2014 !" 11.00 hours (local time) only through the ESPP (https://www.e-nabavki.gov.mk),
whilst following the instructions given in the Manual for using the ESPP, published on the same website in
the part Economic Operators.

The tender sent through the ESPP should be electronically signed by the economic operator with a
digital certificate
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.
The accompanying documentation is submitted in original or scanned electronic form.
The economic operator can submit in hard copy the requested documents for determining the capability
before the timeframe for submission of tenders only if the same are not available in electronic form (scanned),
in the manner described in sub-item 7.8 of the tender documentation. Available means that those documents are
not issued in source electronic form, i.e. that the electronic operator cannot convert them through scanning into
an electronic form.
Enclosed with this invitation please find attached the tender documentation which contains all
information that will help in the tender preparation.
The tender documentation comprises of the following parts: instructions for the tenderers, minimal
criteria determining the capability of the economic operators, mandatory provisions to be contained in the
public procurement contract, model contract, technical specifications (specifics of works) and tender form.

The tenders shall be opened electronically through the ESPP and shall be public and held on
25.04.2014 at 11.00 hours.

Thank you in advance for your cooperation.


in Skopje, PRESIDENT OF COMMISSION
04.03.2014
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Electronic means containing the electronic signature which replaces the signature by hand.
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- CONTENTS OF TENDER DOCUMENTATION -


PART I. INSTRUCTIONS FOR THE TENDERERS

1. GENERAL INFORMATION

1.1. Definitions
1.2. Contracting Authority
1.3. Public procurement contract subject
1.4. Method of communication
1.5. Type of procedure for awarding the public procurement contract
1.6. More detailed information on the usage of electronic means
1.7. More detailed information on the electronic auction
1.8. Applicable regulation
1.9. Language of availability of the tender documentation
1.10. Prevention of conflict of interest
1.11. Confidential information
1.12. Site visits

2. RIGHT TO PARTICIPATE, TIMEFRAMES, CAPABILITY OF ECONOMIC
OPERATORS, CRITERIA PROVING THE CAPABILITY AND MANNER OF PROVING
THE CAPABILITY OF THE ECONOMIC OPERATORS IN THE CONTRACT AWARD
PROCEDURE

2.1. Right to participate
2.2. Timeframes
2.3. Capability of economic operators
2.4. Criteria proving the capability of economic operators
2.5. Manner of proving the capability of economic operators

MINIMAL CRITERIA PROVING THE CAPABILITY OF ECONOMIC OPERATORS

3.1. Minimal criteria proving the economic and financial situation
3.2. Minimal criteria proving the technical or professional capability
3.3. Necessary documentation for proving the compliance with the minimal criteria

3. CONTRACT AWARD CRITERION

4. TECHNICAL SPECIFICATIONS (SPECIFICS OF WORKS)

5.1. Bill of quantities

6. EXPLANATION, AMENDMENT AND SUPPLEMENTING OF THE TENDER
DOCUMENTATION

6.1. Explanation of the tender documentation
6.2. Amendment and supplementing of the tender documentation

7. PREPARATION AND SUBMISSION OF TENDERS

7.1. Contents of the tender
7.2. Language of the tender
7.3. Tender price
7.4. Tender currency
7.5. Tender validity
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7.6. Tender guarantee
7.7. Tender form and signing
7.8. Manner of submission of the tender and accompanying documentation
7.9. Tender submission costs
7.10. Alternative tenders
7.11. One tender principle
7.12. Amendment, replacement and withdrawal of tender

8. PUBLIC OPENING AND EVALUATION OF TENDERS

8.1. Public opening of tenders
8.2. Confidentiality of the tender evaluation process
8.3. Explanation of tenders
8.4. Correction of arithmetical errors

9. CONTRACT AWARD

9.1. Public procurement contract award
9.2. Notification on the public procurement contract award
9.3. Legal protection
9.4. Conclusion of the public procurement contract award

10. MANDATORY ELEMENTS OF THE PUBLIC PROCUREMENT CONTRACT

10.1. Payment method
10.2. Timeframe and place for realisation of works
10.3. Difference in prices (correction of prices)
10.4. Advance payments
10.5. Performance guarantee
10.6. Elements of the contract arising from the conducted procedure

11. PROCEDURE CANCELLATION

12. INFORMATION ON THE MANDATORY PROVISIONS OF THE PUBLIC
PROCUREMENT CONTRACT

PART II. FORMS FOR ECONOMIC OPERATORS

1. Tender form
2. Confidential information list form
3. Form of the statement by which the economic operator accepts the conditions of the Notice
4. Form proving the capability of the economic operators with the necessary attachments
5. Tender guarantee
PART III. Contract model
PART IV. Technical specification (specifics of works)
PART V. Guarantee for quality contract realisation











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1. GENERAL INFORMATION

1.1. Definitions
The specific terms used in these tendering documents shall have the following meaning:
- Public Procurement Contract shall mean a contract of financial interest signed, in writing, between
the contracting authority on one side and the contractor on the other side, and the subject of this contract
shall be the procurement of works for construction subject to the contract;
- Contract Award Procedure shall be a procedure which shall be implemented by the contracting
authority with the objective or activity related to purchasing or acquiring of goods;
- Open Procedure shall be a procedure where any economic operator shall have the right to submit a
tender;
- Electronic Auction shall mean a reverse negative auction process realised after an initial full
evaluation of tenders, where tenderers have a possibility, exclusively by electronic means, to revise the
presented prices or to improve certain elements of the tenders, whereby ranking shall be made automatically
by electronic means;
- Tender Documentation shall mean a set of documents, information and conditions that serve as
basis for elaborating, submitting and evaluating the tenders;
- Economic Operator shall mean any natural or legal person or a group of such persons, which offer
supplies, services or works on the market;
- Tenderer shall mean any economic operator that submitted a tender;
- Group of Economic Operators shall mean any association or forming of a group of economic
operators for the purposes of submitting a group tender without being related in a legal form;
- Tender shall mean a proposal given by the tenderer elaborated in the tender documentation, which is
basis for concluding a public contract;
- Financial Proposal shall mean a part of the tender containing the offered prices according to the
requirements set out in the tender documentation;
- Responsive Tender shall mean acceptable tender within the limits of the amount defined by the
contracting authority by the public procurement decision or that can be additionally provided in accordance
with Article 28 paragraph (4) of this law;
- Contractor shall mean tenderer or group of tenderers that concluded the public procurement
contract;
- Evaluation of Tender shall mean the evaluation of the tender submitted in the contract award
procedure;
- Acceptable Tender shall mean a timely tender that fully meets all requirements in the tender
documentation and the technical specifications and matches all criteria, conditions and possible qualification
requirements of the tenderers;
- Head Person shall mean an official heading a state authority, mayor of local authority or manager of
a legal entity;
- Electronic Means shall mean usage of electronic equipment for the processing (including digital
compression) and storage of data, which is transmitted, conveyed and received by wire, by radio, by optical
means or by other electromagnetic means;
- Electronic System for Public Procurement - ESPP shall mean a single computerised system
available on the Internet, which is used in order to enable greater efficiency and cost-effectiveness in the
award of public contracts and
- Written or in writing" shall mean any expression consisting of words or figures, which can be read,
reproduced and subsequently conveyed, as well as information that is conveyed and stored by electronic
means, provided that the security of the contents is secured and the signature is identifiable.

1.2. Contracting Authority
The contracting authority is the Ministry of Transport and Communication, with address at Str. Dame Gruev
No 6, 1000, Skopje, contact telephone number (02) 3 145 407, fax (02) 3 126 162, e-mail:
rade.kecman@mtc.gov.mk and borce.razmoski@mtc.gov.mk.

1.3. Subject of the Public Procurement Contract
The subject of the public procurement of services shall be performing of supervision over the construction of
the gas pipeline of the Republic of Macednia, lot 1, section: Klechovce-Shtip-Negotino, and preparation of
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monthly reports for the performed supervision over the construction and preparation of a final report for
conducted construction supervision.

Detailed description of the contract subject is provided in Attachment 1 Technical specifications (specifics
of works).

The contract subject is not divisible.

The tenderer shall include all integral parts in their tender. Otherwise, the tender shall be considered as
unacceptable.

The auction subject shall be the total price including all costs and discounts, VAT excluded for the overall
procurement volume, inclusive of all integral parts of the procurement.

Detailed description of the contract subject is provided in Part IV Technical specifications (specifics of
works) which represents an integral part of the tender documentation.

1.4. Method of Communication
Every request, information, notification and other documents in the procedure shall be sent in an electronic
form through the ESPP (https://www.e-nabavki.gov.mk).

Each document shall be recorded at the time when it is sent, i.e. at the time when it is received

The tender and the accompanying documentation are sent in an electronic form through the ESPP, except for
the tender guarantee which must be sent in original and should be delivered to the archive office of the
Ministry of Transport and Communications by the date and hour defined as deadline for submission of
tenders.

The manner of submission of the tender and the accompanying documentation is defined in sub-item 7.8 of
the tender documentation.

1.5. Type of Procedure for Awarding a Public Procurement Contract
The public procurement contract shall be awarded through an open procedure ending with an electronic
auction as final phase of the procedure.

This procedure shall be carried out by using electronic means through the Electronic System for Public
Procurement (https://www.e-nabavki.gov.mk).

This procedure shall end with an electronic auction.

1.6.More detailed information on the usage of electronic means
In order to be eligible to participate in the procedure, it is necessary to register in the ESPP and to possess a
digital certificate. The registration in the ESPP is free-of-charge. The economic operator shall be registered
in the ESPP by filling-in the registration form which is an integral part of the ESPP
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, which is followed by an
automatic ESPP data processing from the registration form, generation of a code and its subsequent
submission to the registered email of the electronic operator. The Manual for using the ESPP intended for
economic operators, available at the homepage of the ESPP in the part Economic Operators contains more
detailed information about the manner of registration and utilization of the system.

1.7. More detailed information on the electronic auction

The Contracting Authority shall use the electronic auction as the final phase in the open procedure.

The subject of the auction is the total price of the public contract subject, that is, the lowest price out of the
acceptable tenders submitted in the initial phase of the procedure. The request for participation at the auction

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Link Register in the part Economic Operators, homepage of ESPP.
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shall be electronically delivered through the ESPP following the complete evaluation of the initial tenders, to
all economic operators who have submitted acceptable tenders in the first phase of the procedure.
Following the complete evaluation of the initial tenders and the approval of the initial ranking list, an
automatic notification shall be sent through the ESPP to the registered e-mail address of each economic
operator who is not qualified for participation at the electronic auction, whereas the qualified tenderers for
participation at the auction shall be directly submitted with a Request for participation at the auction.
The request for participation at the auction shall contain the following data: initial auction price, that is the
lowest price of the initially submitted tenders; date and hour of commencement and closing of the auction;
the interval within which the negative bidding shall be carried out (minimal and maximal difference in
offered prices); as well as the current rank of the tenderer made on the basis of the initially submitted price.

The reached total price at the electronic auction, including all costs and discounts, VAT excluded, for the
contract subject, shall involve proportional reduction of prices for each position of the public procurement
contract subject.

1.8. Applicable Regulations
The tender documentation is prepared in accordance with the Law on Public Procurement and the adopted
bylaws, as follows:

- Law on Public Procurement (Official Gazette of the Republic of Macedonia No 136/07, 130/08,
97/2010, 53/2011, 185/2011, 15/2013 and 148/2013);
- Rulebook on the content of the tender documentation (Official Gazette of the Republic of
Macedonia No 19/08) and
- Methodology on expressing contract award criteria in points (Official Gazette of the Republic of
Macedonia No 41/08).

This procedure shall be implemented in accordance with the Public Procurement Law (Official Gazette of
the Republic of Macedonia No 136/07, 130/08, 97/2010, 53/2011, 185/2011, 15/2013 and 148/2013) and the
corresponding adopted bylaws, as follows:

- Rulebook on the procedure for opening of tenders and the form for keeping minutes for tender
opening Law (Official Gazette of the Republic of Macedonia No154/07);
- Rulebook on the form and content of notices and notifications for public procurement contract
award Law (Official Gazette of the Republic of Macedonia No 161/09) and
- Rulebook on the manner of usage of the electronic public procurement system Law (Official Gazette of
the Republic of Macedonia No 57/2013 and 69/2013).

When preparing their tender, the tenderer should have in mind the applicable regulations in the area of taxes
and other public dues, employment relations, working conditions and safety at work, construction and
designing, and other regulations relevant for the contract subject.

All regulations are available in the relevant editions of the Official Gazette of the Republic of Macedonia.
The tenderer may obtain additional information with respect to the applicable regulations in the
abovementioned areas, from the Public Revenue Office, the Customs Administration and the Ministry of
Finance (about taxes and other public dues), the Ministry of Labor and Social Policy (about employment
relations, working conditions and safety at work) and the Ministry of Transport and Communications (on
construction and designing).

The contracting authority shall consider that the tenderers have carefully studied and have been introduced to
the applicable regulations for implementation of the public procurement procedures.

1.9. Language of availability of the tender documentation
The tender documentation is prepared in Macedonian language.



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1.10. Prevention of conflict of interest
The provisions from the Law on Prevention of Conflicts of Interests shall appropriately apply to prevent
conflicts of interests in the procedure for awarding a public procurement contract.

The contractor may not, while executing the public procurement contract, engage persons who have been
involved in evaluation of the tenders submitted in the procedure for awarding a public procurement contract,
during the validity period of the contract. In that case, the contract shall be deemed null and void.

The contracting authority and the tenderers shall be obliged to abide by the legislation that regulates this
matter and by the highest standards for ethical behaviour during the procurement procedure implementation
and contract realisation.

1.11. Confidential Information
The Contracting Authority shall protect the information that the economic operator has indicated as
confidential, especially when dealing with trade secrets or intellectual property rights, except in the cases
where, by law, the Contracting Authority is obliged to submit this information to the competent authorities
(in the event of an appeals procedure, instigation of an administrative dispute, etc.). For that purpose, the
economic operator should make a list of confidential information using the Form for the list of confidential
information provided in Part II.2 of the tender documentation, and to submit this list together with the tender.

If the economic operator fails to submit the list of confidential information together with the tender, the
Contracting Authority shall deem that the tender in question does not contain any confidential information.

The price of the tender shall never be considered as confidential information.

1.12. Site Visit
Site visit for the procurement subject is not envisaged in this procedure.

It shall be considered that the tenderers have visited and carefully examined the locality; have examined the
nature of existing facilities in the vicinity, roads and other objects for transport, as well as the various
potential access obstacles; have examined and checked the existing material supply sources, necessary
energy and water, as well as all other circumstances that might impact the realisation of the procurement in
subject; have been familiarised with the obligations for payment of taxes, fees and other charges prescribed
by law and other regulations of the state authorities and administration; have studied the overall tender
documentation and have obtained all necessary information that might have an impact on the realisation of
works.
If the tenderers shall fail to obtain all required information that shall have an impact on the Contract
realisation, it shall not release them from any responsibility and risk in the realisation of works.
It shall be considered that the tenderers have successfully examined the existing situation and have obtained
the necessary data for meeting all requirements for the purposes of realisation of the Contract obligations.

2. RIGHT TO PARTICIPATE, TIMEFRAMES, CAPABILITY OF ECONOMIC OPERATORS,
CRITERIA PROVING THE CAPABILITY AND MANNER OF PROVING THE CAPABILITY OF
THE ECONOMIC OPERATORS IN THE CONTRACT AWARD PROCEDURE

2.1. RIGHT TO PARTICIPATE
Any economic operator is entitled to participate independently or as a member of a group of economic
operators in the contract award procedure.

Any interested domestic or foreign legal entity or natural person tenderer, registered to perform the activity
related to the public procurement subject, that possesses a License A for supervision of construction of
category one buildings, License A for designing category one buildings and License A for project
documentation revision and which through the ESPP has acquired the tender documentation from the
contracting authority, shall have the right to submit a tender.

Group of tenderers shall also have the right to submit a tender without the obligation to be associated in the
appropriate legal form.
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The contracting authority may ask the group of tenderers to be associated in a special legal form if the same
is chosen as contractor, for the purposes of contract realisation.

The group of tenderers shall appoint a representative that will have the authority to perform all business
activities for and on behalf of any of the parties and all of the parties from the group of tenderers during the
procedure for awarding the public procurement contract and during the execution of the contract, if the group
is selected to be the contractor.

In the event of a tender submitted by a group of tenderers, the representative of the group should, together
with the tender, submit an electronic authorization signed by a digital certificate of all of the members of the
group of tenderers authorising the representative to submit the tender and undertake all rights and obligations
on their behalf and on their account. All members of the group of tenderers shall be severally and jointly
accountable before the Contracting Authority for the performance of their obligations. The Contracting
Authority shall communicate with the representative of the group of tenderers

The economic operator, within the frames of the same public contract award procedure, can participate only
with one tender. All tenders shall be rejected if the economic operator:

- participates in more than one individual tender and/or as a member of a group tender, or
- participates as a subcontractor in another individual tender and/or as a member of a group tender.

The economic operator may participate as a subcontractor in more than one tender.

The tenderer may engage subcontractors. If the economic and financial circumstances, as well as the
technical and professional capability of the tenderer are not supported by other entities, in the form of
subcontractors, the tenderer shall have no obligation to submit documentation confirming the capability of
the subcontractors. In all other cases, articles 151 and 154 of the Public Procurement Law shall apply,
irrespective of whether the other entities participate as subcontractors or not.

If the economic operator shall, in the contract award procedure, engage subcontractors, the economic
operator shall be obliged to indicate in their tender the data on the part of the contract the one intends to give
to subcontractors, as well as data on all proposed subcontractors (company, address, unique tax number,
etc.).
The tenderer shall be liable in front of the contracting authority for the public procurement contract
realisation, regardless of the number of subcontractors.

The persons that participated in the preparation of the tender documentation may not be tenderers or
members of a group of tenderers in a procedure for awarding the contract.

2.2. TIMEFRAMES

2.2.1. Deadline for submission of tenders
The deadline for submission of tenders is 25.04.2014, by 11
00
hours.

Tenders shall be submitted through the ESPP available at the following address: https://www.e-
nabavki.gov.mk.

Tenders which shall be submitted after the expiry of the deadline for submission of tenders shall not be
accepted in the ESPP, that is, they shall be automatically rejected; both, the contracting authority and the
respective economic operator shall be informed on the event and such tenders shall not be presented at the
public tender opening

2.2.2. Tender Validity
Tenders shall be valid at least 120 days as of the date of tender opening.

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Tenders valid for a shorter period than the envisaged one shall be rejected by the contracting authority as a
tender that does not meet the requirements.

2.2.3. Timeframe for Realisation of Services
The timeframe for realisation of the service for performing supervision over the construction shall
commence on the day after the date when the contracting authority provided access to, and possession of, the
site for the contractor.
The contractor shall be obliged to perform the service pertaining to the supervision over the construction of
the gas pipeline of the Republic of Macedonia, lot 1, section: Klechovce-Shtip-Negotino in a continuous
manner till the final completion of the works relating to the construction of the subject building by the
Contractors.

Note: The timeframe for realisation of works shall commence on the date when the contracting authority
provided access to, and possession of, the site for the contractor, and shall end with the submission of the
final report.

The contractor shall be obliged, while performing supervision over the construction, to prepare written
Monthly reports on the performed supervision, and following the completion of construction works, to
prepare a written Final Report on the performed supervision.
The timeframe for preparation of the monthly reports for the performed supervision over the construction
shall commence on the day following the last day of the current month.
The contractor shall be obliged to prepare the monthly reports on the performed supervision within 3
working days, at the latest.
The timeframe for preparation of the Final Report on the performed supervision shall commence on the day
following the date registered in the construction logbook, as a date of finalisation of the construction.
The contractor shall be obliged to prepare the Final Report on the performed supervision within 5 working
days, at the latest.
The timeframes for realisation of services subject to the public procurement contract shall be mandatory for
the selected contractor.

2.2.4. Timeframe, Manner and Method for Payment
It is envisaged that the payment method shall be by bank transfer within 30 days as of the receipt of signed
and verified invoices, submitted at the archive office of the contracting authority on actually performed
services.
The payment shall be made on the basis of man/month defined rates, regardless of the realised working hours
during the month, in accordance with the following dynamics:
- in 2014 25.000.000,00 denars, VAT included, at the most
- in 2015 40.000.000,00 denars, VAT included, at the most
- in 2016 38.486.000,00 denars, VAT included, at the most
The method of payment of the services subject to the public procurement contract shall be mandatory for the
selected contractor.
Each tender that contains a payment method that differs from the one indicated in sub-item 14.1, shall be
considered as unacceptable and as such, shall be rejected by the Public Procurement Commission.

2.3. CAPABILITY OF THE ECONOMIC OPERATORS

2.3.1. The tender of the economic operator must be accompanied by accompanying documentation which
shall be used to prove the following:

- Personal standing,
- Capability to perform a professional activity,
- Economic and financial standing,
- Technical or professional capability and
- Quality system standards.

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2.3.2. The accompanying documentation, that is documents, such as certificates, credentials and
authentications issued by other state bodies or legal entities, can be submitted in hard copy, only if the same
are not available in electronic form (scanned). Available means that those documents are not issued in source
electronic form, that is that the electronic operator cannot convert them through scanning into an electronic
form.

The required accompanying documentation that is not available in electronic forms shall be submitted in
hard copy in a sealed internal envelope stating the full name and address of the economic operator, by the
deadline for opening of the tenders, at the latest. The sealed internal envelope shall be placed in an outer
envelope which:

- is addressed with the exact address of the contracting authority;

- contains information on the number of the public procurement contract award notice and the
respective contract notice date;

- the upper left corner contains the words Do not open, so that the envelope shall not be opened
before the set time and date for opening of the tenders.

2.3.3. While verifying the completeness and the validity of the documentation for determining the capability
of the economic operator, and while evaluating the tender, the commission may request from the economic
operators to clarify or supplement the documents, in the case of minor deviations from the requested
documentation.

The contracting authority shall not create advantage in favour of a particular economic operator by using the
requested explanation or supplementing.

2.3.4. The requested explanations have to be submitted by the economic operator in an electronic form,
through the ESPP, by attaching the document containing the clarification or the additional information in the
part Clarification/Supplementing of submitted tenders, within the timeframe set by the contracting
authority.

2.3.5. No changes to the tender, except for correction of arithmetic errors may be requested, offered or
allowed by the commission or by the economic operator.

2.4. CRITERIA PROVING THE CAPABILITY OF THE ECONOMIC OPERATORS
For the purposes of participating in the contract award procedure, the economic operators must meet the
following criteria for proving their capability.

2.4.1. Personal Standing
The criteria proving the personal standing of the economic operators are as follows:

- within the last 5 (five) years, the economic operator has not had a legally effective judgment
pronounced against it for participation in a criminal organization, corruption, fraud or money
laundering!"#$;
- the economic operator is not subject to a bankruptcy procedure;
- the economic operator is not subject to a liquidation procedure;
- the economic operator has no unpaid taxes, contributions or other public dues, except if the
economic operator was granted deferred payment of taxes, contributions or other public dues in
accordance with the special regulations and is paying the same on a regular basis;
- the economic operator has not been pronounced with a second penalty prohibiting the participation
in public procedures, public procurement contract awarding and public private partnership contracts;
- the economic operator has not been pronounced with a second penalty for temporary or permanent
prohibition for performing of a certain activity, and
- the economic operator has not been pronounced with a misdemeanour sanction prohibition to
perform a profession, activity or duty, that is, a temporary prohibition to perform a certain activity.

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The economic operator is obliged to provide accurate data and to submit the data requested by the
contracting authority.

2.4.2. Capability to Perform a Professional Activity
The criteria for proving the capability to perform a professional activity of the economic operators are as
follows:
- The tenderer shall be registered as a natural or a legal entity for performing the activity related to the
contract subject or to be part of a relevant professional association in accordance with the regulations of the
country of registration.
- The economic operator shall possess a License A for supervision of construction of category one buildings,
License A for designing category one buildings, and License A for revision of project documentation in
accordance with the Law on Construction (Official Gazette of the Republic of Macedonia No 130/09,
124/10, 18/2011, 36/2011, 54/2011, 13/2012, 144/2012, 25/2013, 79/2013, 137/2013, 163/2013, 27/2014 and
28/2014)

2.4.3. Economic and Financial Standing
The criteria for proving the economic and financial standing of the economic operators are as follows:

- balance sheet of the economic operator for the last three years, and
- excerpt of the total turnover of the economic operator for the last three years.

2.4.4. Technical or Professional Capability
The criteria for proving the technical or professional capability of the economic operators are as follows:

- list of same or similar services performed in the last three years;
- educational and professional qualifications of the professional personnel responsible for realisation
of the specific services;
- engaged technical personnel, regardless whether it directly belongs to the tenderer, and
- technical equipment and capacity of the tenderer, as well as for the other capabilities available to
them for the purposes of realisation of the specific services.

2.4.5. Quality System Standards
The works shall be performed in accordance with the standards, norms, regulations and the technical
legislation for such type of works.

2.5. MANNER OF PROVING THE CAPABILITY OF THE ECONOMIC OPERATORS

In order to prove its capability, the economic operator shall provide and submit the following
documents together with the tender:

2.5.1. To prove the personal standing
- statement of the economic operator that, within the last five years, it has not had any legally effective
judgment for participation in a criminal organization, corruption, fraud or money laundering,
pronounced against it; (this statement shall be electronically signed by the head person or a person
authorised by them by using a digital certificate and attached through the ESPP)
- confirmation that it is not subject to an open bankruptcy procedure by a competent authority of the
country of registration of the economic operator;
- confirmation that it is not subject to an open liquidation procedure by a competent authority of the
country of registration of the economic operator;
- confirmation for paid taxes, contributions and other public dues issued by a competent authority in
the country where the economic operator is registered;
- confirmation from the Registry of penalties for committed criminal acts of the legal entities that it
was not pronounced with a second penalty prohibiting the participation in the public procedures, the
public procurement contract award procedures and the public private partnership procedures;

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- confirmation from the Registry of penalties for committed criminal acts of the legal entities that they
were not pronounced with a second penalty for temporary or permanent prohibiting for performing
certain activity, and
- confirmation that there is no legally effective judgment imposing a misdemeanor sanction involving
prohibition to perform a profession, activity or duty, or prohibition to perform a specific activity,
imposed against it from the country of registration of the economic operator.

The statement referred to in indent 1, sub-item 2.5.1 is prepared in an electronic form and signed with an
electronic signature by the economic operator, and the same should not be verified by a competent authority.

The confirmation referred to in indent 2, sub-item 2.5.1, that there are is open bankruptcy procedure, and the
confirmation referred to indent 3 of sub-item 2.5.1, that there is no open liquidation procedure, as well as the
confirmations of the registry of penalties for committed criminal acts referred to in indents 5 and 6 of sub-
item 2.5.1, are issued by competent authorities in the country where the economic operator is registered. The
Central Registry of RM is the competent authority for issuing such confirmations in the Republic of
Macedonia.

The confirmation referred to in indent 4, sub-item 2.5.1. for paid taxes, contributions and other public dues is
issued by a competent authority in the country of registration of the economic operator. The Public Revenues
Office is the competent authority in the Republic of Macedonia for issuing of this confirmation.

The confirmation referred to in indent 7, sub-item 2.5.1. is issued by the competent authority of the country
where the economic operator is registered. The Central Registry of RM is the competent authority for issuing
of this confirmation in the Republic of Macedonia.

The documents referred to in sub-item 2.5.1 must not be older than 6 (six) months counted backwards from
the final deadline for submission of the tenders.

The documents proving the personal standing are submitted in original or a copy verified by the economic
operator.

If the contracting authority has any doubts regarding the documents proving the personal standing of the
economic operator, it can request information directly from the competent bodies that have issued the
documents proving the personal standing.

If the country where the economic operator is registered does not issue the documents referred to in sub-item
2.5.1 or if the documents do not include all cases stipulated above, the economic operator shall be obliged to
submit a Statement, verified with a competent authority, declaring that: there are no open bankruptcy
procedures against it; there are no open liquidation procedures, that the economic operator has paid all taxes,
contributions and other public dues to the state; that no second penalty prohibiting the participation in public
procurement procedures, contract award procedures or public private partnership procedures was pronounced
against the economic operator; that no second penalty for temporary or permanent prohibition for performing
a certain activity was pronounced against the economic operator; and that no legally effective judgment for a
misdemeanour sanction prohibition to perform a profession, activity, or duty, that is, a temporary
prohibition to perform a certain activity in the country of registration of the tenderer was pronounced against
the economic operator.

The Contracting Authority shall exclude from the procedure for awarding a public procurement contract, any
economic operator that:

- within the last 5 (five) years has had a legally effective judgment pronounced against it for participation
in a criminal organization, corruption, fraud or money laundering;
- is subject to a bankruptcy procedure or a liquidation procedure;
- has unpaid taxes, contributions or other public dues, except if the economic operator was granted
deferred payment of taxes, contributions or other public dues in accordance with the special regulations and
is paying the same on a regular basis;
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- has been pronounced with a second penalty prohibiting the participation in public procedures, public
procurement contract awarding and public private partnership contracts;
- has been pronounced with a second penalty for temporary or permanent prohibition for performing of a
certain activity;
- has a misdemeanor sanction involving prohibition to perform a profession, activity or duty, or
temporary prohibition to perform a specific activity, and
- gives false information or fails to submit the data requested by the contracting authority.

2.5.2. To prove the capability to perform the professional activity
- the economic operator shall be obliged to provide a document for registered activity as proof for
being registered as a legal entity for performing the activity related to the contract subject or proof
for being a part of a relevant professional association in accordance with the regulations of the
country of registration, and
- the economic operator shall possess a License A for supervision of construction of category one
buildings, License A for designing category one buildings, and License A for revision of project
documentation in accordance with the Law on Construction (Official Gazette of the Republic of
Macedonia No 130/09, 124/10, 18/2011, 36/2011, 54/2011, 13/2012, 144/2012, 25/2013, 79/2013,
137/2013, 163/2013, 27/2014 and 28/2014).

2.5.3. To prove the economic and financial standing
- balance sheet report verified by a competent body, or a revised balance sheet, or excerpts of the
balance sheet report, in cases when the balance sheet publishing is prescribed by law in the country
of registration of the economic operator for the last three years, and
- excerpt of the total turnover of the economic operator enterprise (the profit and loss account data
issued by a competent body, or an audited profit and loss account) for the last three years.

If the balance sheet and the profit and loss account have been subjected to commercial audit, the economic
operator may submit them as proof of fulfilment of the minimum requirement for determining the economic
and financial standing, even if the same are not verified by a competent authority.

If the balance sheet and the profit and loss account have not been subjected to a commercial audit, the
economic operator shall submit them verified, i.e. issued by a competent authority as proof of fulfilment of
the minimum requirement for determining the economic and financial circumstances. The Central Registry
of RM is the competent authority in the Republic of Macedonia.

The economic and financial circumstances of the respective economic operator can be supported by another
entity, irrespective of the legal relations between the economic operator and such other entity. If the
respective economic operator shall prove its economic and financial circumstances by referring to the
support from another entity, it shall be bound to prove such support by providing valid evidence that the
other entity shall make available the appropriate financial resources to the economic operator. The entity
providing the financial support must not have a legally effective judgment related to the participation in a
criminal organization, corruption, fraud, or money laundering, pronounced against it

In the case when economic operators shall submit a tender as a group of economic operators, the economic
and the financial standing shall be proven on the basis of the resources of all members of such group.
Provided that the group of economic operators shall participate with financial assistance from a third entity,
the economic and the financial standing shall be established on the basis of the aforementioned, that is, in
accordance with Article 151, paragraph 2 of the Law on Public Procurement.

2.5.4. To prove the technical or professional capability
- list of same or similar services performed in the last three years;
- educational and professional qualifications of the professional personnel responsible for realisation
of the specific services;
- engaged technical personnel, regardless whether it directly belongs to the tenderer, and
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- technical equipment and capacity of the tenderer, as well as for the other potentials available to it for
the purposes of realisation of the specific services.

The technical and professional capability of the respective economic operator can be supported by another
entity, irrespective of the legal relations between the economic operator and such other entity. If the
respective economic operator shall prove its technical and professional capability by referring to the support
from another entity, it shall be bound to prove such support by providing valid evidence that the other entity
shall make available the appropriate technical and professional resources to the economic operator. The
entity providing the technical or professional support must not have a legally effective judgment related to
the participation in a criminal organization, corruption, fraud, or money laundering, pronounced against it

If the economic operators submit a tender as a group of economic operators, the technical and professional
capability is proven by taking into consideration the resources of all group members. If the group of
economic operators has technical or professional support by a third entity, or third entities, the technical and
professional capability shall be determined in accordance with the afore-stated, that is, in accordance with
Article 154, paragraph 2 of the Law on Public Procurement.

2.5.5. Quality System Standards and Environment Management
! Quality system standards: ISO 9001:2008
! Environment management standards: ISO 14001:2004
! Health and safety standards OHSAS 18001:2007

To prove the capability of the economic operators, the economic operators must use the Form for
proving the capability of economic operators, provided in Part II.4 of the tender documentation.

3. MINIMAL CRITERIA PROVING THE CAPABILITY OF THE ECONOMIC OPERATORS

In order to participate in the procedure, the economic operator shall comply with the following
minimal criteria proving the capability:

3.1. Minimal criteria proving the economic and financial standing
- positive financial report; and
- minimal annual turnover of 3.000.000 euros in the last three years (for each year separately)

3.2. Minimal criteria proving the technical or professional capability
- the tenderer shall have at least 7 (seven) years professional working experience in the field of
supervision, designing or revision of gas pipelines or similar line facilities steel pipelines (proof
List of services of the tenderer completed in the last 7 years by submission of a contract or a
confirmation for the performed services issued by the recipients;
- at least 100 (a hundred) employees (to submit M1/M2 forms as proof or a list of the competent
institution not older than 10 days).
- at least 35 (thirty five) employed engineers (to submit M1/M2 forms as proof), with A
authorization for performing supervision over the construction of buildings in the field of civil
engineering, geotechnics, geodesy, environment, mechanical engineering or electrotechnology.
- at least 20 (twenty) employed engineers (to submit M1/M2 forms as proof), with A authorization
for designing buildings in the field of civil engineering, geotechnics, geodesy, environment,
mechanical engineering or electrotechnology.

Technical equipment:
! Accreditation certificate of laboratory MKS ISO/IEC 17025:2006 for construction materials
(copy of certificates).
! Minimum 10 motor vehicles not older than 5 years in ownership of the economic operator (copy
of valid vehicle registration documents).
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! Statement for technical equipment and capacity of the economic operator and the other
capabilities available to it for the purposes of realisation of the specific services and quality
ensuring.
Technical personnel
The Supervising entity should provide an adequate team/personnel for the purposes of providing the services
indicated in this programme regardless whether the same belong to the economic operator, as follows:

#/ KEY PERSONNEL AND QUALIFICATIONS OF THE SUPERVISING ENTITY PERSONNEL
The Supervising entity should provide all persons declared to perform supervision with an appropriate
authorisation to perform supervision category A for relevant areas issued by the Chamber of authorised
architects and authorised engineers or a relevant confirmation issued by the Chamber. In addition, for certain
specific issues, it is foreseen that the supervision shall also have other certificates and licenses. The structure
of the team for supervision and the main qualifications are presented in the following table:

Position in the operation supervision
team
Qualifications
Chief supervision engineer Civil or mechanical engineer with working experience
of at least 10 years in the field, with the appropriate
authorisation to perform category A supervision.
At least 2 (two) executive officers
Assistant supervising engineer
Civil or mechanical engineer with working experience
of at least 10 years in the field, with the appropriate
authorisation to perform category A supervision
Responsible supervising engineer, civil
engineering phase, responsible for quality
of materials (concrete, steel, other)
Civil engineer with working experience of at least 7
years in the field, with the appropriate authorisation to
perform category A supervision in the civil engineering
field
Responsible supervising engineer, civil
engineering phase, responsible for control
of works pertaining to water streams, roads
and other infrastructure
Civil engineer with working experience of at least 7
years in the field, with the appropriate authorisation to
perform category A supervision in the civil engineering
field, specialization hydrotechnical engineering
Responsible supervising engineer, civil
engineering phase, responsible for control
of works when building accompanying
facilities
Civil engineer with working experience of at least 7
years in the field, with the appropriate authorisation to
perform category A supervision in the civil engineering
field
At least 3 (three) responsible mechanical
engineers
At least 5 (five) years of working experience with valid
license A for supervision





At least 4 (four) executive officers,
mechanical engineers or mechanical
technicians
The persons shall possess certificates for NDT testing in
accordance with EN473/ISO 9712 and PED 97/23/EC
and can be mechanical engineers or mechanical
technicians with NDT testing certificates in accordance
with EN473/ISO 9712 and PED 97/23/EC, as follows:
Radiographic testing (RT), Ultrasound testing (UT)
1 executive officer,
Visual testing (VT), Magnetic flux (MT) 1
executive officer,
Ultrasound thickness testing (UTT) 1
executive officer,
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Penetration testing (PT) 1 executive officer
At least 3 (three) executive officers, survey
engineers

Survey engineer with working experience of at least 5
years in the field, with appropriate authorisation to
perform category A supervision for the geodesy area
At least 2 (two) executive officers,
engineers with authorizations in the field of
geotechnics
Civil, geological or geotechnical engineers with working
experience of at least 5 years in the field with
appropriate authorisation to perform category A
supervision in the field of geotechnics
At least 1 (one) executive officer, electrical
engineer
Electrical engineer working experience of at least 5
years in the field, with appropriate authorisation to
perform category A supervision in the field of
electrotechnology
At least 1 (one) executive officer,
environment engineer
Environment, mechanical or civil engineer with
authorisation to perform category A supervision in the
field of environment
Technical support personnel,
(two executive officers)
Technical person for documentation, correspondence
and translation, engineer, IT person or person with
secondary education with knowledge of MS Office and
Autocad

B/ Expert support team
The expert support team should provide the complete expert and professional support to the field
(operational) supervising team. The members of the expert support team should possess high level of
theoretical and practical knowledge in various technical and other areas necessary for the purposes of Project
realization. Within this team, as a minimum, the following experts per areas should be included:
Position in the expert team Qualifications
Civil engineering, two responsible persons
obliged to at least twice a week, and more
if necessary and on call, perform a control
of the facility
Civil engineers with a working experience of at least 10
years in the field, minimum master of technical science,
of which one mandatory PhD of technical science with
the appropriate authorisation to perform category A
supervision and authorisation for category A designing,
civil engineering field
Geotechnics, two responsible persons
obliged to at least once a week, and more if
necessary and on call, perform a control of
the basic gas pipeline zone
Civil engineer with a working experience of at least 8
years in the field, with an authorisation to perform
category A supervision and authorisation for category A
designing, geotechnics field
Geology, one responsible person, obliged
to at least once a week, and more if
necessary and on call, perform a control of
the basic gas pipeline zone
Geological engineer, with a working experience of at
least 10 years in the field, with appropriate authorisation
to perform category A supervision and authorisation for
category A designing, geotechnics field, as well as a
license to prepare geological documentation
Geodesy, one responsible person, obliged
to at least once a week, and more if
necessary and on call, perform a control of
the geodetic measurements
Survey engineer with a working experience of at least 5
years in the field, with the appropriate authorisation to
perform geodetic works, issued by the Chamber of
authorised land surveyors, and with the appropriate
authorisation to perform category A supervision and
authorisation for category A designing, geodesy field,
minimum master of technical sciences
Mechanical engineering, two responsible Mechanical engineer with working experience of
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persons obliged to at least twice a week,
and more if necessary and on call, perform
control of the facility
minimum 10 years in the field with the appropriate
authorisation to perform category A supervision and
authorisation for category A designing, mechanical
engineering field, minimum master of technical sciences
Electrical engineering, one responsible
person obliged to at least once a week, and
more if necessary and on call, perform
control of the facility
Electrical engineer, with working experience of
minimum 10 years in the field with the appropriate
authorisation to perform category A supervision and
authorisation for category A designing, electrical
engineering field, minimum master of technical sciences
Environment, one responsible person
obliged to at least once a week, and more if
necessary and on call, perform control of
the facility
Engineer, with working experience of at least 5 years in
the field with Certificate for passed professional exam
for Environment project impact assessment, minimum
master of technical sciences

Apart from the working experience, authorisations and certificates, the personnel that comprises the
expert team, in accordance with the position for which the same were proposed, should also have experience
on works of similar nature (supervision and designing of gas pipeline systems and line facilities pipelines).

4. CONTRACT AWARD CRITERION

The criterion for the public procurement contract award is:

- The lowest price

The economic operator that offered the lowest price during the electronic auction and whose tender had been
previously assessed as acceptable shall be selected as the contractor. In the procedure that ends with an
electronic auction, the tenders are not scored, but only the tenderers are ranked according to the amount of
offered prices.


5. TECHNICAL SPECIFICATIONS (SPECIFICS OF WORKS)

The technical specifications (specifics of works) of the procurement subject are provided in Part IV of the
tender documentation.


6. CLARIFICATION, AMENDMENT AND SUPPLEMENTING OF THE TENDER
DOCUMENTATION

6.1. Tender Documents Clarification
The respective economic operator may ask the contracting authority for clarification of the tender
documentation, exclusively electronically using the ESPP, via the Question and Answers module, at the
latest 6 days prior the final deadline for tender submission.

The contracting authority shall submit the clarification via the ESPP, using the module Questions and
answers, after which all economic operators having downloaded the tender documentation shall be
automatically informed that there is answer to the question and shall have access to the clarification, without
having access to the identity of the economic operator having requested the relevant clarification.

6.2. Amendment and Supplementing of the Tender Documentation
The contracting authority shall reserve the right to, no later than six days before the expiration of the
deadline for submission of tenders, on its own initiative or on the basis of questions for clarification
submitted by the economic operators, to make modification or supplement the tender documentation, about
which it shall inform all economic operators that have obtained the tender documentation.

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In case of amending of the tender documentation, the contracting authority can extend the deadline for tender
submission on request submitted by the respective economic operator (if justified reasons exist) and it shall
allow at least 5 business days for submission of tenders after having disclosed the clarifications/amendments
to the economic operators.

In case of amendments and supplementing of the tender documentation, as well as extending of the deadline,
the contracting authority shall be obligated to send notification in electronic form, using the ESPP, informing
all economic operators that have downloaded the tender documentation until the moment of the occurrence
of the amendment or the supplement and publish the amendment using the ESPP.

7. PREPARATION AND SUBMISSION OF TENDERS

7.1. Contents of the Tender
Tenders should be prepared on the basis of the original tender documentation in electronic form, except for
those elements which can be submitted in original hard copies according to the rules of the tender
documentation, and should be composed of the following elements:

- Completed form of tender composed of general part and financial proposal, provided in Part II.1 of the
tender documents;
- Documents establishing the personal standing listed in sub-item 2.5.1 of the tender documents;
- Documents establishing the capacity for performing of professional activity referred to in sub-item
2.5.2 of the tender documentation;
- Proofs establishing the economical and financial standing listed in item 2.5.3 of the tender
documentation;
- Proofs establishing the technical and professional capacity referred to in sub-item 2.5.4 of the tender
documentation;
- Completed form of the list of classified information provided in Part II.2 of the tender documentation
(if no classified information exist, the form does not have to be filled in and submitted);
- Completed form of the statement by which the economic operator accepts the Notice requirements,
provided in Part II.3 of the tender documentation;
- Completed form for proving the capability of the economic operators with the necessary attachments,
provided in Part II.4 of the tender documentation;
- Tender guarantee, provided in Part II.5 of the tender documentation;
- Written authorisation for the representative of the group of economic operators (only for group of
economic operators).

The economic operators may use the electronic forms provided by the contracting authority or can prepared
them by themselves, provided that the same do not differ from the contents of the forms provided with the
tender documentation; otherwise, the tender can be rejected as unacceptable.

The tender is obligatory for the entire validity period set by the contracting authority.

7.2. Language of the tender
Both, the tender and the complete correspondence and documents related to the tender and exchanged with
the tenderer shall be in Macedonian language by using its Cyrillic alphabet. The tender shall be submitted in
Macedonian language.

The accompanying literature may be in another language. During the tender evaluation stage, the contracting
authority shall reserve the right to ask the tenderers to translate the printed literature that had been originally
submitted in a different language.

7.3. Price of tenders
The tender price shall be expressed in denars.

The tender price shall be written in numbers and letters.

The price shall be fixed and valid till the complete contract realisation.
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The economic operator shall include the price in the financial proposal for each individual part.

The offered price shall include all expenses and discounts of the economic operator and shall be without
value added tax, which is separately indicated.

The respective electronic operator shall obligatorily enter the tender price in the ESPP as well, using the
online form Submit tender/request to participate, tab Tender information, in the field for entering the
price for each part individually, that is, for the part it registers for.

The price shall be expressed in numbers and in denars for each part, that is, for the part of the contract
subject for which the tender is submitted, in the form of the electronic public procurement system (ESPP).
The price to be entered in the electronic form shall be the total price for the part for which the tender is
submitted (total price of the tender + customs duties).

If the respective tender price is unusually low and largely deviates from the actual market price which causes
concerns regarding the contract realisation, the contracting authority shall ask the economic operator, before
rejecting the tender, for a written explanation on the tender details which it considers as important and shall
check the evidences submitted as justification for such a tender price. If the economic operator shall fail to
provide electronically submitted explanation using the ESPP, via the module Explanation/supplementing of
submitted documents, as to the reasons for such tender price within 3 days as of the date of submitting of
the request, or if the Commission shall fail to accept such reasons, the tender shall be rejected

In cases of abnormally low tender prices, regarding the estimated procurement value, the contracting
authority shall act in accordance with Article 163 and Article 164 of the Law on Public Procurement.

7.4. Tender Currency
The tender currency shall be denars.

7.5. Validity Period of Tenders
Tenders shall be valid at least 120 days as of the day set as deadline for submission of tenders, and the
tender, in all its components, shall be obligatory for the tenderer during its entire validity

If the day of opening of tenders shall not be a business day, the period of validity of tenders shall start as of
the first business day coming after the one when the tenders were opened.

The tender with validity period shorter than the envisaged one shall be rejected by the contracting authority
as a tender which does not meet the requirements.

If the contracting authority shall establish it to be necessary, it can ask the respective tenderer to extend the
validity period of the tender.

7.6. Tender Guarantee
As part of the tender, the respective economic operator shall obligatory provide tender guarantee amounting
3% of the total value of the respective tender, VAT excluded.

Tender guarantees shall be in the form of a bank guarantee.

The tender guarantee should also be submitted in its original form in the procedures which are being
implemented electronically. Copies shall not be accepted.

The bank guarantee shall be issued by a bank acceptable for the contracting authority, by using the Tender
Guarantee Form, provided in Part II.5 of the tender documentation.

The contracting authority may invoke the tender guarantee, if the economic operator:

- withdraws its tender prior the expiry of its validity;
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- fails to accept the correction of arithmetic errors by the commission;
- fails to sign the public procurement contract, and
- fails to provide the guarantee for quality contract realisation.

The tender guarantee validity shall be at least 14 days as of the date of expiry of tender validity

Each tender which shall fail to contain a tender guarantee or shall contain a tender guarantee which is not in
line with the requirements referred to in the tender documentation shall be rejected by the contracting
authority as unacceptable.

In exceptional cases, the contracting authority may request the tenderers for continuation of the tender
guarantee validity period.

The tender guarantee of the unsuccessful economic operators shall be returned within 7 days as of the date of
the conclusion of the contract with the most advantageous economic operator.

The tender guarantee of the economic operator, whose tender was selected as the most advantageous one,
shall be returned to it after it signs the public procurement contract and submits a performance guarantee.

The tender guarantee shall be submitted to the archive of the Ministry of Transport and Communication by
the date and hour set out as deadline for submission of tenders.

7.7. Form and Signing of Tenders
Tenders shall be submitted in an electronic form by using the ESPP system and they should be electronically
signed using a digital certificate of the head person of the respective economic operator or of the person
authorised by it. If the tender shall be signed by person authorised by the head person, the tender should
include an authorisation for signing of the tender signed by the head person. Additional information on the
manner of digital signing are contained in Annex 1 of the Guideline for using the ESPP published on the
home page of the ESPP in the section Economic Operators

Tenders shall be signed electronically, using a digital certificate which shall be issued by certificates issuing
entity registered with the Ministry of Finance of the Republic of Macedonia (Currently, KIBS and
Macedonian Telecom).

Foreign economic operators can electronically sign tenders using a qualified digital certificate issued by
registered certificates issuing entity with registered address in the European Union.

In case of usage of qualified certificate issued by an issuing entity with registered address in third country,
the certificate shall be considered as valid if one of the following 3 requirements has been met:

! The issuing entity meets the requirements for qualified certificate in line with the Law on Data in
Electronic Form and Electronic Signature (Official Gazette of the Republic of Macedonia no.
34/01, 6/02 and 98/08) and is voluntarily accredited in the European Union; or
! Registered domestic issuing entity guarantees for the foreign certificate as if it has itself issued the
certificate; or
! If it has been so agreed on the basis of bilateral or multilateral international agreement concluded
between the Republic of Macedonia and other country or international organisation.

The Commission shall reserve the right to ask for additional information or documents which shall establish
the validity of the certificate, if it is shall doubt the validity of the certificate which has been used or the
issuing entity of the certificate.

The holder of the digital certificate used to sign documents which are integral part of the tender (the financial
and the technical proposals, statements) should obligatory be the authorised signatory of the legal entity (the
economic operator) or a person authorised by the authorised signatory. Although for a person who is not an
authorised signatory of the economic operator to be issued a certificate it is necessary for him/her to submit
an authorisation (power of attorney) issued by an authorised signatory (the manager) of the legal entity, in
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the case when such person - holder of certificate, shall sign a tender, he/she shall be bound to submit the
power of attorney as an integral part of the tender

Power of attorney shall be considered as valid if it is submitted as follows:

a) in an electronic form signed by using a digital certificate of the manager;
b) scanned, bearing the seal and personal signature of the manager; or
c) in hard copy, bearing the seal and personal signature of the manager.

Tenders signed by using a digital certificate whose holder is a person who has no authorisation to sign the
respective tender shall be rejected as tenders containing formal shortcomings.

7.8. Manner of Submission of Tenders and Accompanying Documentation
Tenders may only be submitted by economic operators that have downloaded the tender documentation
using the ESPP. The contracting authority can accept tenders from economic operators which have not
downloaded the tender documentation via the ESPP; however, it shall not be bound to submit the possible
amendments and supplements to the tender documentation to such economic operators.

Economic operators shall submit their tenders in an electronic form via the ESPP.

Tenders submitted via the ESPP should be electronically signed by the respective economic operator by
using a digital certificate issued by a registered issuing entity of certificates in the Republic of Macedonia or
a renowned and recognised foreign issuing entity.
Economic operators may submit the accompanying documents in hard copy prior to the deadline for
electronic submission of tenders, if the same is not available in electronic form, and submit it by mail or
personally to the archive of the Ministry of Transport and Communications, in a sealed internal envelope
stating the full name and address of the economic operator. The sealed internal envelope shall be placed in an
outer envelope which:

- is addressed with the exact address of the contracting authority;
- contains information on the number of the public procurement contract award notice and the
respective contract notice date;
- the upper left corner contains the words Do not open, so that the envelope shall not be opened
before the set time and date for opening of the tenders

7.9. Costs for Submission of Tenders
The economic operator shall bear all the costs related to the preparation and submission of the tender, and the
contracting authority shall not be responsible for any such costs irrespective of the course and the outcome of
the procedure for awarding a public procurement contract.

The costs related to the preparation and submission of tenders shall be burden of the tenderer and shall not be
recognised.

The tenderer shall bear the risks related to the tender submission, including fore majeure.

7.10. Alternative Tenders
No alternative tenders shall be allowed in this procedure for awarding a public procurement contract.

7.11. One Tender Principle
One legal entity may submit only one tender, regardless if it submits it individually or as a member of a
group of tenderers; otherwise, all tenders including that legal entity shall be rejected.

7.12. Amendment, Replacement and Withdrawal of Tenders,
The tenderer may amend, replace or withdraw its tender before the expiry of the deadline for submission of
tenders.

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Ministry of Transport and Communications
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The tenderers may amend, replace or withdraw their tenders after tender submission, provided that the
amendments, replacements or withdrawals are received by the contracting authority before the deadline for
tender submission stipulated in sub-item 2.2.1 of the tender documentation.

The amendments, replacements and withdrawals of tenders shall be submitted via the ESPP, using the
Submit a tender module, by attaching new documents, deleting of existing documents or complete
withdrawal of tenders.

Tenders may not be amended, replaced or withdrawn following the expiry of the deadline for submission of
the tenders set forth in sub-item 2.2.1 of the tender documentation.

The withdrawal of tenders within the period between the deadline for tenders submission and expiry of the
tender validity period shall result into invoking of the tender guarantee pursuant to sub-item 7.6 of the tender
documentation.

8. PUBLIC OPENING AND EVALUATION OF TENDERS

8.1. Public Opening of Tenders
Any interested party can attend the public opening of tenders.

Only the authorised representatives of the tenderers may participate in the procedure for public opening of
tenders with providing their own remarks registered in the minutes for the tender opening.

At the public opening of tenders, authorised representatives of economic operators must present an
authorisation signed by the authorised person of the economic operator. All authorised representatives of the
economic operators present at the public opening of tenders should sign an attendance list.

The tender opening shall be electronic, via the ESPP, and shall be public.

The public opening of tenders shall take place on 25.04.2014, at 11:00 hours, in the Ministry of Transport
and Communications.

All submitted tenders shall be opened in line with the Law on Public Procurement, as follows: one at a time,
by reading the name of each economic operator, followed by establishing whether the tenders have been
submitted pursuant to item 7.8 of the tender documentation and whether all tenders have been signed
electronically, followed by a reading of tenders respecting the same order of opening. The tenderers which
shall fail to meet the requirements referred to in the tender documentation shall be excluded from the further
procedure, that is, they shall not be invited to the electronic auction. None of the tenders shall be rejected at
the opening of the tenders, except for the late tenders

The public procurement commission shall open the tenders even if only one tender is received. In that case,
there shall be no electronic auction. The condition for having an electronic auction is to receive at least two
acceptable tenders in the procedure.

During the public opening of tenders and evaluation of the initially submitted tenders, minutes shall be kept
in line with the Rulebook for the Procedure for Tenders Opening and the Form for Minutes Keeping at
Tenders Opening (Official Gazette of the Republic of Macedonia No 154/07), as well as a Report on the
conducted procedure.

Prior to evaluating the tenders, the commission shall verify the completeness and validity of the
documentation proving the tenderers capability.

Unacceptable tenders shall not be evaluated by the commission.

The evaluation of tenders shall be performed in accordance with the criteria indicated in the tender
documentation, published in the contract award notice.

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8.2. Confidentiality of the Tenders Evaluation Process
None of the information regarding the review, evaluation and the comparison of tenders during the tender
evaluation process shall be disclosed to the economic operators, nor to any other person not officially
involved in that process.

During the tender evaluation, the commission and the external experts shall be obliged to keep confidential
the content of the tenders and all other information submitted by the economic operators.

8.3. Clarification of Tenders
During the period of tender review and evaluation, the contracting authority may ask for clarification of the
tender of any economic operator. The request of the contracting authority for clarification and the response
shall be done electronically via the ESPP, using the Clarification/amending of submitted documents
module. No tender price or content modification shall be required, offered or allowed, except with reference
to confirmation of the correction of arithmetical errors discovered by the contracting authority during the
evaluation of the tenders.

Any clarification submitted by the economic operators with respect to their tenders that is not submitted as a
reply to the request of the contracting authority, shall not be taken into consideration.

8.4. Correction of Arithmetic Errors
1 If the tenders shall be considered as acceptable, prepared and submitted in accordance with the tender
documentation, the contracting authority shall correct the arithmetic errors in the following manner:

- in case of discrepancy between words and figures, the amount in words shall prevail;
- in case of discrepancy between the unit price and the total price, than the unit price shall prevail

The Public Procurement Commission shall correct the errors in tenders in accordance with the described
procedure and this shall be considered as binding for the economic operators.

If the respective economic operator shall not accept the proposed correction of arithmetic errors, the
respective tender shall be rejected and the tender guarantee shall be invoked.

9. CONTRACT AWARD

9.1. Public Procurement Contract Award
Following the electronic auction as the last stage of the open procedure, the contracting authority shall award
the public procurement contract to the economic operator having offered the lowest price during the reverse
auction procedure.

In case of submission of only one acceptable tender in the first stage of the procedure, that is, if the
requirements for taking place of an electronic auction shall not be met, the contracting authority can award
the public procurement contract to the single economic operator that has submitted an acceptable tender.

In case when during the auction there shall be no reverse auction, that is, lowering of the starting price, the
contracting authority may award the public procurement contract to the economic operator having offered
the lowest price during the initial stage of the procedure.

9.2. Notification of Public Procurement Contract Award
Following the ending of the public segment of the electronic auction, the ESPP shall automatically publish
and shall automatically send to all participants at the auction a notification on the economic operator having
submitted the lowest price during the reverse auction. Such notification shall be considered as informative
and shall cause no legal consequences. The result of the electronic auction shall be considered as basis for
decision for selection of the most advantageous tender

Before the expiry of the validity period, and at the latest 3 days as of the adoption of the decision for
selection of the most advantageous tender, the selected most favourable economic operator shall be informed
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Ministry of Transport and Communications
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electronically via the ESPP that its tender has been accepted. At the same time, all other economic operators
shall be informed on the results of the tender procedure, they shall receive the decision for awarding of the
public procurement contract, and they shall be informed on the reasons due to which their tender has not
been selected

9.3. Legal Protection

9.3.1 Any economic operator that has a legal interest to win the public procurement contract and that
suffered or could have suffered damages related to potential breach of the provisions of the Law on Public
Procurement, may seek legal protection against the decisions, actions or failure to undertake actions by the
contracting authority in the contract award procedure, in accordance with the Law on Public Procurement.
The right to appeal in a procedure ending with an electronic auction shall be realised after the adoption of the
decision for selection of the most advantageous tenderer or cancellation of a procedure.

9.3.2 The appeal shall be submitted within eight days starting from the day:

- publication of the contract award notice with reference to the data, actions or failure to
undertake actions related to the notice;
- receiving of the decision for selection of the most advantageous tender or the decision for
cancellation of the procedure, or
- findings about irregularities in the management of the contract award procedure, within one
year at the latest starting from the day of the termination of the implemented procedure

9.3.3 The economic operator that failed to lodge an appeal with respect to the provisions stipulated in sub-
item 9.3.2, shall not have a right to an appeal in a later stage of the procedure for the same legal basis

9.3.4 The appeal should contain the following elements:

- data on the submitter of the appeal (name, surname, name of the economic operator, address of
residence and registered address);
- data on the representative or the proxy;
- name and registered address of the contracting authority;
- number and date of the contract award procedure and data on the contract notice;
- number and date of the decision for selection of the most advantageous tender, cancellation of
the procedure or other decisions of the contracting authority;
- data on the actions or failure to undertake actions by the contracting authority;
- description of the factual situation;
- description and explanation of the irregularities;
- proposed evidence;
- Appeal and/or claim for compensation of procedure costs; and
- signature and seal of an authorised person.

9.3.5 The submitter of the appeal shall be obliged to submit a proof of payment of the fee for procedure
implementation.

9.3.6 The submitter of the appeal whose registered address is not on the territory of the Republic of
Macedonia shall be obliged to determine a proxy to receive writs.

9.3.7 The appeal shall be lodged with the State Appeals Commission. The appeal shall be submitted in
person or by registered mail to both the contracting authority and the State Appeals Commission. The day
when the appeal is sent by registered mail shall be deemed as the day when the appeal was submitted. In case
the appeal is submitted in person, the contracting authority shall be obliged to issue a confirmation of the
time of the receipt to the submitter.
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9.3.8 In the procedure before the State Appeals Commission, the appellant shall, in addition to the
administrative fee, be liable to pay a fee for implementing the procedure depending on the amount of the
tender, as follows:

- up to 20.000 euros in denar counter-value, a fee of 100 euros in denar counter-value,
- from 20.000 to 100.000 euros in denar counter-value, a fee of 200 euros in denar counter-value,
- from 100.000 to 200.000 euros in denar counter-value, a fee of 300 euros in denar counter-value,
or
- over 200.000 euros in denar counter-value, a fee of 400 euros in denar counter-value.

9.3.9 In case when there is no tender, the amount of the fee for procedure implementation shall be calculated
on the basis of the estimated value of the public procurement contract, and the State Appeals Commission
shall inform the appellant about the amount of the fee and the deadline in which the appellant needs to
submit proof for payment of the fee.

9.3.10 The procedure implementation fee shall be revenue of the Budget of the Republic of Macedonia.

9.4. Signing of the Public Procurement Contract

9.4.1 The contracting authority shall submit the public procurement contract to the selected most
advantageous tenderer in 6 copies for signing.

9.4.2 The selected most advantageous tenderer shall have an obligation to sign the public procurement
contract within 3 days starting from the day of the reception of the contract and to return it to the contracting
authority. The contracting authority shall undertake an obligation to send the required number of copies of
the contract to the selected most advantageous tenderer after it has been signed by the authorised person of
the contracting authority.

9.4.3. If the selected most advantageous tenderer fails to sign the contract within the term stipulated in item
9.4.2 of the tender documentation, the contracting authority shall retain the right to consider that the selected
most advantageous tenderer refrained from the contract signing and shall invoke the tender guarantee.

10. MANDATORY ELEMENTS OF THE PUBLIC PROCUREMENT CONTRACT

10.1. Method of Payment
It is envisaged that the method of payment shall be by bank transfer within 30 days as of the receipt of signed
and verified invoices, submitted at the archive office of the contracting authority on actually performed
services.
The payment shall be made on the basis of man/month defined rates, regardless of the realised working hours
during the month.

The method of payment of the services subject to the public procurement contract shall be obligatory for the
selected contractor.
Each tender that contains a payment method that differs from the one defined in sub-item 14.1 shall be
considered as unacceptable and as such, rejected by the public procurement commission.
It is envisaged that the payment method shall be by bank transfer within 30 days as of the receipt of signed
and verified invoices, submitted at the archive office of the contracting authority on actually performed
services.
The payment shall be made on the basis of man/month defined rates, regardless of the realised working hours
during the month, in accordance with the following dynamics:
- in 2014 25.000.000,00 denars, VAT included, at the most
- in 2015 40.000.000,00 denars, VAT included, at the most
- in 2016 38.486.000,00 denars, VAT included, at the most
The method of payment of the services subject to the public procurement contract shall be mandatory for the
selected contractor.
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Each tender that contains a payment method that differs from the one indicated in sub-item 14.1, shall be
considered as unacceptable and as such, shall be rejected by the Public Procurement Commission.

10.2. Timeframe and Place of Realisation of the Service
The timeframe for realisation of the service for performing supervision over the construction shall
commence on the day after the date when the contracting authority provided access to, and possession of, the
site for the contractor.
The contractor shall be obliged to perform the service pertaining to the supervision over the construction of
the gas pipeline of the Republic of Macedonia, lot 1, section: Klechovce-Shtip-Negotino in a continuous
manner till the final completion of the works relating to the construction of the subject building by the
Contractor.
The contractor shall be obliged, while performing supervision over the construction, to prepare written
Monthly reports on the performed supervision, and following the completion of construction works, to
prepare a written Final Report on the performed supervision.
The timeframe for preparation of the monthly reports for the performed supervision over the construction
shall commence on the day following the last day of the current month.
The contractor shall be obliged to prepare the monthly reports on the performed supervision within 3
working days, at the latest.
The timeframe for preparation of the Final Report on the performed supervision shall commence on the day
following the date registered in the construction logbook, as a date of finalisation of the construction.
The contractor shall be obliged to prepare the Final Report on the performed supervision within 5 working
days, at the latest.

The timeframes for realisation of services subject to the public procurement contract shall be mandatory for
the selected contractor.

10.3. Difference in Prices (Price Corrections)
Correction of prices of the subject of the public procurement contract shall not be allowed and they shall
remain fixed and unchangeable on any basis for the entire contract duration.

10.4. Advance Payment
Advance payment for contract realisation is not allowed.

10.5. Performance Guarantee
The requirement for signing the contract with the most advantageous economic operator is the provision of a
performance guarantee for the contract in amount of 15% of the public procurement contract value.

The contract performance guarantee shall be in the form of a bank guarantee.

The contract performance guarantee shall be submitted in original. Copies shall not be accepted.

The contract performance guarantee shall be valid till the full contract realisation. The contracting authority,
following the selection of the most advantageous tenderer, shall additionally determine the end guarantee
validity date.

The contract performance guarantee shall be submitted by the selected most advantageous tenderer to the
contracting authority within 10 working days as of the contract conclusion.

The contract performance guarantee shall be submitted within the prescribed timeframe: by mail or
personally to the head office of the contracting authority.

The contract performance guarantee shall be invoked if the contractor shall fail to meet any of the obligations
of the public procurement contract within the maturity timeframe.

The contract performance guarantee shall be returned to the contractor within 14 days as of the date of
complete public procurement contract realisation and after the contractor shall submit to the contracting
authority a bank guarantee for a guarantee timeframe.
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Ministry of Transport and Communications
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The contract performance guarantee shall be returned by the contracting authority to the contractor, by mail
or personally to the head office of the contracting authority.

10.6. Elements of the Contract resulting from the Implemented Procedure
Following the completion of the electronic auction, and the selection of the most advantageous tenderer, if
the procurement subject or the individual part consists of several items, the price of each of the individual
items shall be calculated with relevant decrease equal to the percentage of decrease of the price of the initial
proposal of the selected most advantageous tenderer (before the electronic auction) and the price of the last
auction (following the completion of the auction).

11. CANCELLATION OF THE PROCEDURE
The contracting authority may cancel the contract award procedure if:
- the number of candidates is lower than the minimum number envisaged for the contract award
procedures in accordance with the provisions of the Law on Public Procurement;
- no tender or no acceptable tender have been submitted;
- acceptable tenders have been submitted, but they cannot be compared due to the different
approaches employed in the technical or financial proposals;
- unforeseen changes to the budget of the contracting authority have occurred;
- the tenderers offered prices and requirements for the performance of the public procurement
contract, which are less favourable than the real market prices;
- it establishes that the tender documentation has significant faults or weaknesses;
- the needs of the contracting authority have changed due to unforeseen or objective
circumstances, or
- the contracting authority cannot select the most advantageous tender due to significant
violations of the Law on Public Procurement in accordance with Article 210 of this Law.


Attachments:

Attachment 1 Technical Specifications (specifics of works)
Attachment 2 - Contract Model
Attachment 3 - Tender Form
Attachment 4 Statement by which the tenderer confirms the compliance with the qualification
criteria
Attachment 5 - Statement for Independent Tender
Attachment 6 Tender Guarantee
Attachment 7 Performance Guarantee


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Attachment 1 Technical Specifications (specifics of works)





















































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PROJECT PROGRAMME

for performance of works related to
the construction of the national gas pipeline of the Republic of Macedonia
SECTION: KLECHOVCE-SHTIP-NEGOTINO


1. SUBJECT OF THE PROGRAMME

The Objective and the Subject of the present Project Programme is to define the terms of the performance of
supervision works related to the construction of the Lot 1 of the gas pipeline system of the Republic of
Macedonia (SECTION KLECHOVCE-SHTIP-NEGOTINO km 0+000,00 km 96+365.38). Namely, this is
one of the most significant infrastructure and energy projects in the Republic of Macedonia, whose
performance must be done under strictly defined terms and conditions, meaning that the supervision stage is
of exceptional importance.
The general legal basis for performance of supervision are defined in the respective clauses of the Law on
Construction, while the frameworks of this Programme present the specific features related to this project.
It has been especially pointed out that having in mind the unfavorable terrain and the length of the alignment,
in this type of projects, there is frequently a need for certain adjustments of the solutions of the Design, so in
addition to the performance of an operational (ongoing, regular or quantitative) supervision, it is also
envisaged to perform design and consultative supervision. The objective is to ensure timely resolution of
all potential problems and to create conditions for maximally quality and fast construction of this section of
the gas pipeline system.
To that end, it is necessary to perform supervision of the following main sections (stages) for different
purposes:
a) Geodesy
b) Geotechnics
c) Civil engineering
d) Mechanical engineering
e) Electrical engineering
Pursuant to the aforementioned, it is necessary for the Bidders to provide expert staff to perform all aspects
of the supervision, which shall follow the work of contractors regarding all aspects and shall be able to
provide for the benefit of the Ordering Party (the Investor) a complete control over all positions and most
optimal construction of the gas pipeline.
In order to obtain information on the basic characteristics of the section of the gas pipeline system which is
subject of the present Project Programme, the most significant sections of the design solution have also been
presented.

2. PRESENTATION OF THE BASIC ELEMENTS OF THE DESIGN SOLUTION

Drafted and revised Main Design for the national gas pipeline exists regarding the section KLECHOVCE-
SHTIP-NEGOTINO (km 0+000.00 - km 96+365.38) of the gas pipeline system of the Republic of
Macedonia. The Designer of the works is Prima Engineering DOO Skopje and the project has been revised
by the Faculty of Civil Engineering in Skopje.
The Main Design has been prepared based on the previously drafted and revised Feasibility study for the
gas pipeline system of the Republic of Macedonia with Preliminary Designs which has been financed by
the Ministry of Transport and Communications.
In accordance with the Main Design, this national gas pipeline section shall be connected at the connection
point located at the village of Klechovce which is marked using chainage at km 0+000.00 and ends at the
chainage at km 96+365.38, that is, up to the branch that will be used to connect the city gas pipeline network
of the city of Negotino to its surrounding area.
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The alignment of the gas pipeline starts in the region of Klechovce as a connection to the existing gas
pipeline Kriva Palanka-Skopje, continues to the south up to the region of Negotino, where it heads west and
stretches up to the block valve station Kavadarci 1.
The following designing facilities are also included into the Design:
! National gas pipeline DN 500, 20 with length of 96.36 km;
! Starting pigging station Klechovce" at the begging of the gas pipeline (km 0)
! Gas pipeline connections are envisaged to:
1. Veles, Sveti Nikole- DN 200, with length of 25 m; (km 29.5)
2. Kochani, Vinica, Probishtip, Delchevo and Berovo- DN 400, with length of 33 m; (km 40.5);
3. Shtip- DN 100, with length of 100 m (50.6 km);
4. Radovish - DN 700, with length of 55 m (60.6 km);
5. Thermal Power Plant Negotino - DN 100, with length of 40 m (86.5 km);
6. Negotino - DN 80, with length of 100 m (87.3 km);
7. Kavadarci- DN 150, with length of 40 m (96.3 km);
! Line block valve stations DN500 are envisaged at km 0; km 29.5; km 60.7 and km 87.3;
! Adequate block valve stations are envisaged at all connections;
! Optical communication network;
! Cathode protection system;
! Main measuring and regulation stations
- Main measuring and regulation station (MMRG) Shtip (Q=19 000 m
3
/h)
1. MMRS Negotino (Q= 7 000 m
3
/h)
- Telemetry system

The basic block valve stations are passable, spherical, equipped with pneumatic and hydraulic control
features and automatic blocking features. The blocking apparatuses of the block valve stations are envisaged
to be installed under ground and they will include overground controlling features of the blocking device and
automatic blocking device used in case of breakdown. The automatic blocking device which is part of the
blocking apparatus ensures safe blockage in case of pressure drop into the gas pipeline of 10-15% compared
to the operational pressure for a time period of 1 to 3 minutes. The propelling mechanism of the apparatus is
pneumatic and hydraulic and it has pneumatic control and option for remote control. A bypass line used for
release of gas through a vent is envisaged for each block valve station. Before and after the blocking
apparatuses on the gas pipeline, gas release apparatuses should be mounted at distance not shorter than 15 m
from the blocking equipment. Each block valve station is envisaged to have grounding of the metal fence and
a system which shall channel away the static electricity from the segment of the pipeline which stretches
from the vent to the insulation segment.
At the beginning of the gas pipeline, it is envisaged to install starting pigging station. The starting pigging
station "Klechovce" serves as pigging devices sending point in order to maintain the envisaged capacity of
the gas pipeline.
The gas pipeline crosses the following asphalt roads: Kshave- Regional road R201; Kokoshinci-Pavleshenci;
Dolno Gjugjanci- Regional road R201; Orel-Mezdra; Nemavica-Sveti Nikole; Sudish-Vrsakovo; Shtip-
Kadrifakovo; Sport airport Shtip-Tri Cheshmi; Sushevo-Tri Cheshmi, Novo Selo-Penush, Shtip-Dragoevo;
Selce-Dragoevo; Lekovica-Negotino; Voishanci-Negotino; Demir Kapija-Negotino; Highway corridor K-10;
Dolno Disan-Negotino; Kavadarci-Negotino and Sopot-Marena.
The gas pipeline also crosses the railway line Skopje-Shtip and Negotino-TPP Negotino. . It also crosses the
rivers Nemanjica, Sudichka Reka, Bregalnica, Lakavica, Seobska Reka, Vesliva, Vardar, Suva Reka and
Luda Mara.
The function of the main measuring and regulation station (MMRS) is reduction of the pressure of the
natural gas from the level of the operational pressure of the national gas pipeline to the level of the primary
distributing pressure, as well as measuring of the flowing quantity of the gas transferred to the primary
distributor. The MMRS is composed of two reduction lines and two measuring lines. Afterwards, there is
another reduction in order to meet the needs of natural gas of the boiler room. The MMRS is located into a
facility constructed of solid construction materials.
The cathode protection system ensures anticorrosive protection of the gas pipeline and it consists of:
- passive protection- with insulation covering of the pipeline using adequate insulation material;
- active protection, with a system of cathode polarization of the pipeline through a system of
Cathode Protection Stations (CPS);
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The telemetry system is the transfer of technological information from and to the elements of
pipeline lines through setting up of optical technological and communication connections.

The following laws and rulebooks have been mainly used into the Main Design:
-Law on Environment (Official Gazette of the Republic of Macedonia no. 53/05 and 81/05).
-Law on Energy (Official Gazette of the Republic of Macedonia no. 63/2006, 106/2008);
-Law on Construction (Official Gazette of the Republic of Macedonia no. 130/2009);
-Law on Environment (Official Gazette of the Republic of Macedonia no. 53/2005);
-Law on Expropriation (Official Gazette of the Republic of Macedonia no. 33/95, 20/98, 40/99, 45/00
and 31/03);
-Law on Ambient Air Quality (Official Gazette of the Republic of Macedonia no. 67/04);
-Law on Waste Management (Official Gazette of the Republic of Macedonia no. 68/04);
-Law on Spatial and Urban Planning (Official Gazette of the Republic of Macedonia no. 24/08);
-Law on Waters (Official Gazette of the Republic of Macedonia no. 04/98; 19/00 and 42/05);
-Law on Water Supply and Drainage of Urban Wastewater (Official Gazette of the Republic of
Macedonia no. 68/04);

-Law on Protection Against Harmful Noise (Official Gazette of the Socialist Republic of Macedonia
no. 21/84);

-Rulebook on the technical conditions and norms for safe transport of liquid and gas hydrocarbons
using national oil and gas pipelines and oil and gas pipelines used for international transportation
(Official Gazette of the Republic of Macedonia no. 16/85 and 18/97);

-EN 1594 January 2009;
-Rulebook on the standards and the norms for spatial planning (Official Gazette of the Republic of
Macedonia no. 02/02 and 50/03);

-Rulebook on the standards and the norms for designing of facilities (Official Gazette of the Republic
of Macedonia no. 69/99, 102/00 and 02/02);

-Law on Public Roads and Law on Road Safety;

- National and European norms and standards (Eurocodes EC, EC1, EC2, EC3, EC7 and EC8);

-Decision defining in which case and under which conditions the peace of citizens is considered
disturbed by harmful noise (Official Gazette of the Republic of Macedonia no. 64/93).

During works related to soil excavation, it is of utmost importance to apply the following geotechnical
surveys standards:
MKS U.B1.010/79 Soil sampling
MKS U.B1.012/79 Moisture testing in soil samples
MKS U.B1014/88 Specific soil weight testing
MKS U.B1.016/92 Specific soil volume weight testing
MKS U.B1.018/80 Granulometric composition testing
MKS U.B1.020/80 Soil consistency testing
Atterberg limits.
MKS U.B1.024/68 Defining the contents of combustible and organic matters in soil
MKS U.B1.016/92 Defining the modifications of soil volume
MKS U.B1.026/68 Defining the contents of carbonates in soil
MKS U.B1.028/69 Examining the direct shear of soil
MKS U.B1.029/70 Testing the shear strength of soil using three axial compression device
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MKS U.B1.030/92 Soil pressure strength testing
MKS U.B1.034/69 Water permeability coefficient testing
MKS U.B1.032/69 Soil compressibility testing
MKS U.B1.038/68 Optimal water contents testing
MKS U.B1.046/68 Establishment of compressibility module using the circular plate method
MKS U.E1.010/81 Soil related works during road construction
MKS U.E8.010/81 Bearing and flatness of the bedding
MKS U.B1.040/68 Sand equivalent establishing
MKS U.B1.042/69 Testing of California bearing ratio
MKS B.B0.001/84 Stone and stone aggregates sampling
MKS B.B8.012/87 Pressure strength testing
MKS B.B8.010/80 Water absorption testing
MKS B.B8.030/86 Aggregate volume weight testing
upon certain level of compression
MKS U.B8.032/80 Aggregate specific weight testing
MKS B.B8.031/82 Volume weight testing and water absorption
MKS B.B8.036/82 Testing of the quantity of small particles using the wet sieving method
MKS B.B8.039/82 Approximate organic matters pollution
MKS B.B8.047/87 Defining of the shape and the look of grains surface
MKS B.B3.050/64 Contents of clay and silty components
MKS U.E9.020/66 Classical and modern road base.
MKS B.B8.001/82 Consistency in conditions of ice
MKS B.B8.044/82 Testing of consistency of aggregate in conditions of ice using sodium
sulfate.

As topographic base for the drafting of the Design, in addition to the topographic maps in scale 1:25 000,
archive geodetic cadastral surveys with horizontal and vertical representation in scale 1:2500 and 1:1000
have also been used for the urban areas which have been updated in the adequate scale in order to meet the
needs of this documentation. In addition, in order to meet the needs of the designing process, detailed
geodetic terrain survey has been performed in the scale of 1:1000, and for certain locations and if required,
the scale used was 1:500 and 1:200. In order to meet the needs of the designing process and in order to
ensure better presentation of the factual state of the terrain, according to the requirements of the design task,
aerial orthophoto survey with pixel resolution of 12-20 cm has also been performed. The orthophoto
documentation, along with the detailed geodetic survey which has been superposed over the documentation,
provide complete and clear presentation of the state of the terrain in the time when the Main Design was
drafted.
In this manner, it have been provided maximally quality and punctual designing surveys which provide
designers with completely clear presentation of the three-dimensional situation of the terrain, the existence of
natural obstacles, the presence of overgrown vegetation, as well as the density and presence of crop fields
along the axis of this section of the national gas pipeline.
Within the frame of the geodetic works, pursuant the requirements referred to into the design task, individual
survey reports also include the survey report updating the existing geodetic surveys along the alignment and
the survey report for numerical data, which was previously known as the Survey Report for temporary and
permanent expropriation. The practical solutions of the horizontal location of the axis of the national gas
pipeline are presented into the updated geodetic cadastral surveys in scale of 1:2500 completed with detailed
geodetic surveys printed in scale of 1:1000.

Engineering-geologic and geotechnical conditions along the alignment

The observed section stretches along several different geomorphologic forms. It should be pointed out that
the different geomorphologic zones directly depend on the existing geological units. Therefore, the following
facts may be pointed out:
! The zone from km 0+000 to km.3+028 is characterized by mild upward sloping of the
terrain which is made of pliocenic sediments covered by a thin diluvium layer.
! The zone from km.3+028 to km.9+632 is characterized by several slopes, but in general the
terrain is characterized by upward slopes and it is made of sandstones, claystones and marls
covered by pliocenic sediments.
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! The zone from km.9+632 to km.16+999 is characterized by mildly slopping terrain which is
made of pliocenic sediments, partially covered by recent Quaternary sediments.
! The zone from km.16+999 to km.44+452 is characterized by mild upward and downward
sloping of the terrain made of sandstones, claystones and marls covered by diluvial layer.
! The zone from km.44+232 to km.44+797 is a pass on the hill called Ezhovo brdo, made of
sandstones, claystones and marls.
! The zone from km.44+797 to km 51+000 is characterized by a mild slope, which turns into a
slightly steeper slope at the region of the dales and dry ravines, covered by sandstones and
claystones on the surface or the deeper layers, where the proluvial sediments are found in
dry ravines.

! The zone from km. 51+000 to km. 56+980 is characterized by a mild slope, which turns into
a slightly steeper slope at the region of the dales and dry ravines, covered by sandstones,
claystones and marls found on the surface or the deeper layers, where the proluvial
sediments are found in dry ravines, while terrace and alluvial deposits are predominantly
found on the plain terrain between the flow of the rivers Bregalnica and Lakavica.
! The zone from km.56+980 to km.57+495 is characterized steep upward slopes which are
made of pliocenic sediments.
! The zone from km.57+495 to km.62+505 is characterized by mild upward slopes up to the
village of Selce which are made of pliocenic sediments.
! The zone from km. 62+505 (village of Selce) to km.69+684 is a pass with steep slopes on
both sides; the terrain is made of several types of rocks, such as sandstones, claystones and
gabbros; the most specific feature is that there are no or there are rarely thin diluvial layers.
! The zone from km.69+684 to km.84+123 (right river terrace of the Vardar River) is mildly
sloping downwards to the plain terrain, where it stretches through proluvial deposits,
sandstones, Pliocene sediments and recent river sediments of the Vardar River.
! The zone from km.84+123 up to the end of gas pipeline alignment is mostly plain or with
mild upward slopes and it stretches through terrain made of sandstones covered by diluvium,
and the last several kilometers stretch through pliocenic sediments.

On the basis of the performed surveys which help define the location and the relation among the different
lithological members, it can be stated that the following units are present:

Alluvial sediments (al)
The products of the accumulative activity of recent or permanent watercourses are found on specific
locations along the length of the alignment. Namely, this type of sediments are found at km.18+608-18+639
(Gjurgjinci River), km. 22+951-23+139 (Orelska River), km. 35+182-35+451 (Mustafinska River), km.
39+923-39+998 (Sudichka River), km. 56+035-56+103 (Bregalnica River), km. 56+426-56+449 (Lakavica
River), km. 81+045-81+212 (Dunjichka River), km. 83+823-83+965 (Vardar River), and at km. 94+169-
km.94+758 (Luda Mara River).
From a general point of view, the alluvial creations are made of non-bound to poorly bound gravelly and
sandy creations, which are sporadically mildly to well compacted, where their grains are mildly to well
rounded, and there are sporadically individual pieces and blocks of parent rocks. From a hydro-geologic
point of view, they are considered as a collection environment in which there are conditions for formation of
aquifer zone of free level condensed type.

River terrace (t)
River terraces are predominantly found on both, the left and the right bank along the flow of all temporary
and permanent watercourses. They are made of terrace sediments represented by various granulations of
gravels and sands, as well as diluvial and proluvial drifts brought by the watercourses during different
periods of formation of such terraces. Such drifts are defined by means of chainages at the following
locations: km.18+530-18+608, km.18+639-18+935 km.34+673-35+182 km.55+663-56+035, km.56+449-
56+887, km.82+979-83+823, km.83+965-84+123, km.93+975-94+169 and at km.94+758-95+631.
From a hydro-geologic point of view, they are considered as a collection environment in which there are
conditions for formation of aquifer zone of free level condensed type. The level of groundwater in river
terraces is connected to the oscillations of water in river flows themselves. The forecasts suggest that the
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level of groundwater at the largest part of the terrace is at depth exceeding 2 m, except at locations near the
riverbeds where the level is close to the surface of the terrain.

Diluvial sediments (d)
Diluvial creations are product of the processes of surface disintegration of basic bedrocks. These creations
are generally presented by sand dusts, dusty clays including rare gravel grains, dusty sands and other
sediment formations. Through the major part of such material, there are individual, sporadically, frequent
pieces of flysch sediments found in the foothill ore. The thickness of such non-bound sediments is estimated
to be between 0.1 m at the points of contact with parent rocks up to more than 3 m in depressions. Such
deposits are found almost along the entire alignment of the gas pipeline, with exception of certain locations
where the parent rock emerges on the surface of the terrain and at the locations where there are sediments in
the form of pliocenic deposits. The position of the diluvium, as well as its thickness is shown on the
engineering and geologic map and the longitudinal geotechnical profile. These sediments are
hydroconductive, meaning that water infiltrates through them on its way to the stratigraphically deeper
layers.

Proluvial sediments (pr)
The proluvial sediments are found at all major grabens on the tested terrain. They are represented by means
of chainage at km.0+070-3+168, km.4+764-5+100, km.5+661-5+681, km.8+152-8+319, km.13+396-
14+549, km.23+139-23+489, km.32+276-32+688 km.35+451-35+580 km.52+075-52+135, km.52+293-
52+750, km.54+218-54+278, km.71+785-72+053, km.73+040-78+704, km.78+788-78+823, km.85+302-
85+346, 85+531-85+606 and km.87+755-88+466. According to the composition, the proluvium is made of
treated and non-treated pieces of parent rocks, most frequently represented by sandstones and clay
sandstones which originate from flysch formations, while the interspace is filled with dusty sand. They are
formed under the impact of torrential flows of permanent and temporary local watercourses. From a
hydrogeological point of view, proluvial sediments are hydroconductive, meaning that water infiltrates
through them on its way to the stratigraphically deeper layers.

Pliocenic sediments (Pl)
Pliocenic sediments are generally built of dust, sand and gravel sediments, dusty sands and marly clays, and
similar creations made of the aforementioned sediment creations. The color of these sediments is yellowish-
red, and sometimes even brown. Most frequently, they lay discordantly over all older lithological units, and
at certain locations, they are covered by quaternary sediments. In most of the cases, they are poorly bound
with clay or carbonate binder, and they can also be sporadically diagenised. They are represented by means
of chainages at km. 0+000-7+412; based on their condition, they are most frequently made of non-bound
gravelly sands and dusty sands, sporadically covered by quaternary sediments and they actually represent an
overburden with poor potency lying over the older Eocene flysch sediments. Starting at km. 9+462-16+976,
they are made of sandy dust, sandy clay and dusty sand; at km.56+887-62+501 they are made of dusty sand,
sandy clay and marly clay, which at some locations can be well compressed. At km. 61+300-61+501, where
at B-100 we have reached very well compacted dusty sand, indicating a starting zone of older disintegrated
Eocene sandstones. They can also be found next to the river terrace of the Vardar River and are made of
sandy clay, sandy dust and rare layers of dusty sand. Pliocenic sediments are also found at shorter sections
along the alignment of the future gas pipeline, and their components are described into the individual
geotechnical exploration wells. They represent hydrogeological collectors of compressed type and their role
is most frequently to act as hydroconductors towards the deeper strata.

Eocene flysch sediments (E)
The flysch sequence, along with the Pliocene sequence, is the most common lithological environment
through which passes the alignment of the gas pipeline. Based on deep terrain observation, it has been
established that at certain locations, the flysch has equable composition with certain regularity (rhythmicity)
of different members, while at certain locations only some of them are found. Generally speaking, its
composition mainly includes the following lithological creations: sandstones, claystones and marls.
Sandstones are the most frequently found members, while claystones and marls appear rather rarely, usually
on surface segments along the alignment of the future pipeline. The thickness of the strata of individual
members ranges from 5 cm up to 20 cm, and some of them rarely appear in the form of bigger formations.
The sandstones may be fine-grained and cemented with carbonate matter. At certain locations, more
specifically at km. 26+549-26+648 and km.36+545-36+866, there are also more solid silicified sandstones.
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The color of sandstones is mainly gray, and in some cases it may also be yellow, while claystones are mainly
gray and grayish-green. Claystones usually appear between two layers of sandstone and are most frequently
flat, very thin and if found on the surface, they are usually disintegrated. Marls are also pretty frequently
found in the flysch sequence, and are found in geotechnical exploration wells (B-16, B-35, B-36, B-37,
B38, B-53, B-68, B-70, B-71, B-80 and B-89), and they have also been found on surface locations between
the villages of Vrsakovo and Ezhovo brdo, and also in rarer cases on the surface southwest from the
Mountain of Serta. Most frequently, on the surface of the terrain, the flysch is covered by diluvial material or
is intensively disintegrated into flat pieces with dimensions between 5 and 10 cm. Flysch sediments which
are found on the terrain which is under observation most frequently act as hydrogeological insulators. In the
individual geotechnical profiles of the geotechnical exploration wells, there is presentation of the type of
flysch sediments and the thickness of the diluvial layer on top of them.

Gabbros (uPz)
These basic rocks originating from the Paleozoic are characterized by massive texture and granular structure.
They have grayish-green color and are pretty solid. On the surface of the terrain, they are penetrated by
amphibolic schists and massive marbles, and they are found only from km. 63+317 to km.63+960 along the
alignment. They protrude on the surface of the terrain or are partially covered by crumbled diluvial layer.

Contemporary geological processes: In terms of the representation of contemporary geological processes,
it has been established that the following processes have taken place on this terrain:
- the process of surface drainage which has taken place on the steeper slopes made of flysch
sediments on the surface covered by a thin diluvium layer, which does not have any significant
impact on the terrain of the alignment.
- the process of surface disintegration and denudation of the already created top layer of the surface
of the terrain is in advanced stage. On top of the Eocene sediments, there are plates made of
sandstones and claystones all over the surface of the terrain.
- the process of gully erosion has been observed at several locations on the terrain, most frequently
above the flysch sediments covered by thin diluvium. The effects of this process are notably visible
at km.43+800-44+250 on the right side of the alignment which has been affected by the gully
erosion, which resulted in disintegrated flysch which is clearly visible on the surface. The gullies are
around 7 to 10 m wide and 3 to 5 m deep; the alignment stretches above them and they have no
influence whatsoever on the future national gas pipeline. Moreover, the process of gully erosion has
also been noted at km.62+390-62+540 near the left side of the alignment. At this location, the
alignment stretches above a gully around 3 m wide and 1 to 1.5 m deep, around 20 m long, which on
the left merges with the dale into deep gullies. Near the alignment on the right side, at km. 65+400,
there is a gully which is 5 to 8 m wide, 2 to 3 m deep and around 100 m long. This area is also
affected by a recent surface drainage. Gully erosion has also affected other locations along the
alignment, but it has been estimated that its intensity is lower at these locations or the gullies created
at these locations are far from the alignment.

Excavation conditions:
The existing bedrocks and soils are also categorized based on the existing applicable construction norms, as
follows:
! III IV category diluvial and proluvial sediments);
! III IV category (Pliocene sediments);
! IV V category (Eocene flysch complex);
! VI category (gabbros);

Having in consideration the fact that bedrocks are disintegrated along their surface zones, as well as the
covering of the terrain by diluvial and proluvial sediments, it is expected that in certain sections of the
terrain, combined excavation methods may be applied.
Based on the performed engineering and geologic mapping and depending on the engineering and geologic
type of bedrocks, we can state that the majority of the alignment of the gas pipeline, or 70% of the
alignment, stretches through non-bound or poorly bound bedrocks, while the rest, or around 30% of the
alignment stretches through well bound semirocky bedrocks, and only small portion stretches through stony
bedrocks. According to the analogy referred to in the literature dealing with similar environments from our
territory and GN 200, the firmly bound semirocky bedrocks are placed into the IV-V category; only a small
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portion of them are categorized in VI category along with stony rocks (gabbros), while the majority of the
excavation works related to the future pipeline shall be performed on III-IV category masses, that is, on non-
bound and poorly bound rocks.

Conditions for corrosive impact on the soil: Simultaneously with the boring of geotechnical exploration
wells and the sampling for laboratory testing, sampling was also performed to test soils concerning their
corrosiveness. Sampling is performed at intervals of 2.0-2.5 m, that is, at the depth on which it is planned to
place the gas pipeline system. Sampling is done on individual quasi-homogenous zones where it is expected
to have the same or similar impact of soils on the pipes of the future pipeline. For the majority of dug-in
metal constructions, the speed of general corrosion is rather insignificant and it can be predicted. Since the
limit density of current reduction is rather merely changeable, generally between 10 and 200 mA m-2, the
corresponding corrosion speed is between 10 and 200 m god-1. Therefore, this general corrosion has rarely
caused any significant damaging of facilities.
Special attention should be dedicated to the possibilities of localized corrosion as a consequence of
differentiated properties of soils, as well as the specific conditions which may exist in certain local
environments; in addition, significant importance in this direction should also be given to the so-called
microbiological corrosion which is caused by metabolic processes in bacteria.

Conditions for corrosive influents of surface water: At the examined section of the alignment of the gas
pipeline system, there are also several rivers and flows of surface water, which have also been sampled for
the purpose of performing chemical analysis. Corrosive impact on metals have waters which contain higher
concentration of free oxygen and hydrogen at ph < 5, as well as those containing concentration of sulfate
ions higher than 100 mg/l. The content of certain chemicals in waters is also tested through sections of the
alignment in which there are non-homogenous values of sulfates (12.3-666), as well as of chlorine content
(32-228). The pH value of waters ranges in relatively tight interval (7.1 to 8.40).

Conditions for corrosive influence of groundwater: All groundwaters with pH < 7 have aggressive
impact, which also depends on the quantity of dissolved sulfate ions and carbon dioxide found in them. All
groundwaters and surface waters containing ions concentration higher than 250 mg/l (SO42-) are considered
to be aggressive. Groundwaters have aggressive impact on concrete, iron and other construction materials if
they contain higher concentration of humus acids, which is frequently case in wetlands and mires. Upon the
performance of examination works along the alignment of the pipeline at the location of the geotechnical
exploration wells B-19 and B-131, it has been registered certain level of groundwater which has been
sampled for the purpose of performing chemical analysis, and the results of this analysis are provided into
the annex 13/22.

Zones of potential protection: Based on the laboratory testing of soils and the geoelectrical mapping along
the alignment of the pipeline, it can be stated that the bed in which the pipes will be buried is mainly
meagerly corrosive. Geoelectrical measuring of the virtual specific electrical resistance along the alignment
has helped us identify several zones of corrosive impact, as follows: from km.13+455-14+548, from
km.20+000-21+400, from km.25+500-26+000, from km.27+080-28+100, from km.47+056-47+110
km.49+251-50+498. km.85+706-86+117 and km.86+356-87+782 in pliocenic sediments made of sandy
clay. With intensive corrosive impact represented from km. 87+782-88+240 in the proluvial deposit made of
mixture of clay and sand. In the second zone, we have registered the lowest value of the virtual specific
electrical resistance of 4
!
m, which can be ranged into the category of intensively corrosive environment
and this is the only location of the tested section in which the category 5 has been registered.

-Limit profile elements

The limit elements of the plan and the profile are minutely defined into the Main Design, or more
specifically, into the situation solution and the transversal profiles, where the following items should be
pointed out:
- working zone for pipe welding 5,00
- space for excavation of construction trench 4,00
- space for disposal of excavated material 5,00
- space for pipelayers and transversal transportation 6,00
- disposal of humus from wide excavation 3,00
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- total wide excavation 25,00
- minimal cross inclination 2%
- minimal longitudinal inclination 0,0%
- max. cross inclination 6% (8%)
- max. longitudinal inclination 100%

The inclinations of the declivities of cuts and banks which mainly have low heights are
constructively adopted and are as follows:
- cuts 1:1
- banks 1:1

The three basic characteristic cases which would be dominant in this stage of construction are given in the
illustration 1.


Illustration 1: Appearance of trenches and characteristic cross profiles

Further on in the text, in order to provide better presentation of the total longitudinal positioning of the
alignment concerning the absolute size of longitudinal inclinations and their total length, we have prepared a
table showing the corresponding statistical data.
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SECTION KLECHOVCE-SHTIP-NEGOTINO
STATISTICAL DATA OF THE LENGTH OF THE LONGITUDINAL INCLINATIONS
Inclinatio
n in %
fro
m
Longitudinal
inclination
to
Inclinatio
n in %
=
Total length
in m
Representation in %
compared to the total length
0 > i < 10 = 83,769.72 86.92
10 > i < 20 = 9,401.78 9.75
20 > i < 30 = 2,376.89 2.46
30 > i < 40 = 621.15 0.64
40 > i < 50 = 150.80 0.15
50 > i < 60 = 45.04 0.04
60 > i < 70 = 0 0.00
70 > i < 80 = 0 0.00
80 > i < 90 = 0 0.00
90 > i < 100 = 0 0.00
i > 100 = 0 0.00
96,365.38 100.00

Based on this table, it can be stated that as much as 96.67% of the total length of the section have
longitudinal inclination lower than 20%, 2.46% or 2.376 km of the total length has longitudinal inclination
ranging between 20% and 30%. As more severe inclinations may be considered the longitudinal inclinations
ranging from 30% to 50%, and their total representation in % is 0.79% or 0.772 km'.
The inclinations over 50% which are considered to be exceptionally difficult participate with total percentage
of 0.04% or with total length of 45m'. Considered individually, we are speaking about inclinations which
usually appear upon the mastering of the steep hillsides due to which we would be forced to go on the other
side and they are located on very short sections, which are usually mastered using one or two pipes, each of
them being 12 m' long.

Preparatory works on the field and installation of the gas pipeline

In order to ensure successful and undisturbed construction of the national gas pipeline, it is first necessary to
perform geodetic marking of the working zone in order to create conditions for start of the construction of
the access manipulative road along the length of the axis of the pipeline. This road will actually be used as
an operating/manipulative access space which is necessary for undisturbed construction of the national
pipeline, and in principle is necessary along the entire length of the pipeline.
This zone of 25m' or less should accommodate the access road and the working zone used by the
construction mechanization, which includes wheel excavators, bulldozers, loaders, pipelayers, etc. In
addition, it is very important to provide access of heavy transportation motor vehicles in order to ensure local
transportation and distribution of steel pipes. At poorly accessible locations, such transportation may be
organized by means of tractors and other similar mechanization which is adequate to ensure undisturbed
movement on rough unpaved roads.
The aforementioned working and manipulative zone should also accommodate the trench used for placing of
the pipes, as well as space for disposal of the excavated dirt and other material, or the sandy material used
for initial fine burying of pipes.
This operating/manipulative, and access/traffic road, that is, space, is usually cleared up by means of wide
excavation using bulldozers and heavy-duty loaders in accordance with the depth and the width established
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with this Design, that is, according to the performed temporary expropriation. The depth of the wide
excavation is most frequently determined depending on the structure of the surface humus stratum. When
working in conditions of ownership structure composed of small individual owners of agricultural lots, it
should be insisted that the humus layer of each lot is removed on each individual lot itself in order to avoid
disrupting the quality of each agricultural lot and causing additional unplanned expropriation costs; in
principle, the humus and the dirt from excavated trenches (as well as trenches themselves) should be
disposed of on the more elevated side of this manipulative and transportation corridor in order to ensure
satisfactory protection against lateral surface storm waters. Depending on the cross inclination of the terrain
and depending on the category of the soil, it should be established the manner of excavation, that is, the type
of mechanization that should be used for performing of soil excavation works. In principle, the best solution
is first to perform supply and distribution of pipes. Then, individual pipes should be welded into longer pipe
units in accordance with the mounting proposal provided into the present Design.
The minimal radii of elastic bending of the pipeline in vertical and horizontal plain are 15m for DN80,
DN100, DN150 and DN200, for DN400- 20m, for DN500- 25m and for DN700- 35m.
In cases of larger vertical and horizontal arcs and lack of available space for installation of elastic (cold bent)
elbows, it is envisaged to use factory-made elbows with 5D radius. This radius of the joints allows the
passage of cleaning and inspection devices (pigs).
Once this is done, the necessary trench is excavated which is defined into the longitudinal and cross profiles;
after the performed control of the welded joints and their insulation, pipelayers are used to put down pipes
into trenches. During the stage of lifting and putting down the welded pipeline sections, special measures
should be taken in order to avoid unwanted straining and after the placing of pipes into trenches, they should
be placed into their planned unstrained position or a position close to the planned position. At locations
where according to the design it is envisaged to have welded joint of two longer pipes or pieces with
adequate bending, there should be deepening and expansion of the trench for at least 1.2m' in order to
provide the necessary manipulative space for operating and such space should be excavated before the
welding process in order to prevent eventual collapsing and self- burying.
Before the placing of the pipes, the floor of the trench should be flat and clean; in case of terrains abundant
in rocky materials or weather conditions leading to freezing of the soil, trench floors should be covered with
15 cm' of fine sand or loose non-frozen soil. The burying by means of dispersing in these conditions is also
performed using the aforementioned material up to a height of around 20cm' above the upper edge of the
pipe and such material should be lightly compacted. In case this type of material should be transported from
a distant location, in order to ensure mechanical protection of the insulation layer around the pipes, a layer of
straw, wooden laths, Styrofoam or other material should be placed. Once this procedure is implemented, the
trench may be buried first using fine soil up to the 20-25 cm' mark above the top of the pipe, and then using
the basic excavated material.
In order to prevent collapsing of the soil, upon the installation of the pipeline along steep longitudinal
inclinations where the inclination is over 15
0
, it is recommended to construct temporary barriers in the
trench, which are carefully presented into the graphic annex 46-21_22-01-GP-DE-G-DWG-006 of the
Design.
On locations where the gas pipeline stretches through agricultural lots, it is necessary to reinstate the
removed humus to each agricultural lot individually, in order not to disturb the previously achieved quality.
Following this procedure, each lot should be re-cultivated by means of deep ploughing.
Prior to the final burying of pipes, geodetic survey of horizontal and vertical coordinates should be
performed at each welded joint in order to meet the needs of the as-built documentation.
Once the alignment of the pipeline is constructed and buried, it should be visibly marked using special
markings which are carefully described into the graphic annex 46-21_22-01-GP-DE-G-DWG-002 $ 46-
21_22-01-GP-DE-G-DWG-014, which is an integral part of the Main Design.
The distance between markings on the pipeline is 1.000 m on the flat section of the alignment, and that are
placed at each bending of pipes, and before and after each passage under watercourse, channel, road or
railway. The markings on the pipeline are set 0.8m to the right of the axis of the pipeline. The markings and
marking distances on the alignment of the pipeline should be in line with the norms prescribed in the
corresponding Macedonian standards.

In order to ensure complete safety of movement along roads and railways and undisturbed performance of
construction works, the pipes of the pipeline are placed in protective covers. The protective cover is made of
steel pipe whose diameter is 150-200 mm wider than the diameter of the pipeline. The ends of the protective
cover should be placed in radius of 25 m from the end railway lane, from the railways infrastructure, in
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radius of 15 m from the industrial lanes and in radius of 10 m from the edge of the road lane, but not less
then 2 m from the base of the bank. The ends of the cover should be dulled using bitumen-brizol-bitumen or
using heated and welded metal objects. The objective of this procedure is to prevent the evaporation of the
gas in case of gas leak, in which case it would remain trapped between the cover and the pipeline. In order
the extract the gas from the space between pipes, on one end of the protective cover a vent should be
installed at least 5 m above the level of the terrain which should be used to escape possible gas leaks. The
debt on which the pipeline should be placed under railways should be at least 2m, measuring from the bed of
the railway up to the upper layer of the protective cover and at least 1.4m under the level of road asphalt.

Some basic rules that need to be considered when the pipeline crosses rivers are as follows:
- the crossing locations should be chosen at straight and stable sections of rivers upon minimal width of
flowing terrace;
- the underwater crossing should be vertical on the dynamic axis of the flow, where the angle can be reduced
up to 60;
- the level of the upper end of pipes should be at least 0.5 m under the limit level of effluence of the riverbed,
for a 25-year period, but not less than 2.5m under the bottom during the installation;
- the sections of underwater pipeline, at crossings, within the limits of the horizon of high waters and through
muddy areas (or high levels of groundwaters), should be planned and protected against flooding.
The crossings through small rivers and creeks are built basically, according to the underground method, that
is, under the surface of the water. There are several manners of construction of underground crossings:
- temporary placing of banks to act as barriers into the hollow;
- digging using loader of the bottom of the body of water;
- redirecting of water course during construction and installation works;
- construction of bank for installation of the pipeline, by means of redirecting of the water course through the
water supply pipe;
- operating with loader from riverbank.

The locations where there are crossings of the pipeline, and of this working road zone with other local roads,
should be clearly planned and passable during the entire process of construction of the national gas pipeline.
Sections of this manipulative and road zone should at any time be passable in order to ensure undisturbed
moving of vehicles transporting the workers and the engineers, as well as the vehicles of the experts of the
supervising entity, the Designer, the different types of inspection bodies, the Investor, vehicles supplying
foodstuff, emergency vehicles etc.
Part of the existing transversal local roads should be used according to the plan and the design in order to
ensure access to the alignment and to the manipulative/road zone along the pipeline, that is, they should be
reinforced in order to ensure constant movement of mechanization; such reinforcement should be performed
by placing and compressing ground stone or other material. In this manner, the existing national, regional
and local road network shall ensure relatively easy and fast access to any point of the national pipeline.

In order to ensure safe operating conditions during the construction of the pipeline and the additional works,
protection against erosion, landslide, protection against drainage of the external layer of the surface waters,
the Design sets forth measures for erosion protection.

All these aspects, as well as the other details from all books of the Design, should be carefully examined by
the supervising entity so it can be able to perform its task at the highest level and in order to ensure quality
construction of the pipeline.


3 SUBJECT OF WORK OF THE SUPERVISING ENTITY

3.1. GENERAL PROVISIONS

The Supervising entity is a competent professional institution or a company or two or more institutions or
companies associated for joint performance, engaged by the Investor to provide all services in accordance
with the Terms of the contract for complete and permanent quantitative and qualitative supervision over the
performance of Works till their completion and removal of shortcomings of such Works. The Supervising
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entity shall participate in the technical control over the performance of Works, the amendments,
replacements and supplementing of the Project documentation for such Works, as well as in the resolution of
all disputable issues.
The Supervising entity representative Chief Engineer, is a competent professional person, appointed by the
Supervising entity in coordination with the Investor, which on behalf of the Supervising entity, organizes,
manages, and is responsible for, the supervision realization pursuant to the Contract and the overall contract
documentation.
The main tasks of the Supervising entity and its work should be in accordance with the basic provisions of
the Law on Construction.
The general benchmarks and aspects to be performed by the Supervising entity are as follows:

1) checks whether the construction is performed in accordance with the building authorization, the
designs and other conditions set out with the Law on Construction and other laws and technical
norms for work with such facilities;
2) checks whether the contractor or its subcontractors possess the required operational licenses;
3) controls the quality of performed works;
4) informs the builder of all shortcomings, that is, irregularities it shall perceive during the
construction and notes them in the construction logbook, and informs the builder and the
construction inspection, as well as the other inspections of the determined irregularities.

Having in mind that such types of buildings, such as the gas pipeline, must have several supervision
engineers with different expertise, the tenderers should declare to the builder who shall be the Chief
supervision engineer responsible for the mutual coordination of the different supervision engineers, and for
the drafting of relevant partial and final reports on the performed supervision. The Chief supervision
engineer can at the same time be the supervision engineer for a certain phase or position of the supervision.

3.2. SUBJECT OF WORK OF THE SUPERVISING ENTITY
The legal entity for performing supervision shall provide complete supervision services on behalf of the
Client in a phase of work and after the phase of performance in the period till the technical take over of the
facility. In order to realize this, it shall have to establish an organization of the supervision that shall comply
with the requirements for efficient operational (current, permanent) supervision including the quality control,
quantity control, overseeing the progress of works and costs, full implementation of the environmental
measures, as well as the contractual administration of works. Due to the significant alignment length, it is
probable that the performance shall be realized from several main points, so the Supervising entity should
secure full coverage and control of the works simultaneously at several locations.

3.2.1 Subject of work of the Supervising entity in construction phase

The services provided by the Legal entity for supervision performance shall include the following tasks:
1. Acceptance of the overall Programme for realisation of Works, and realisation of proposals for
mobilisation of plants and machinery to the construction site of the contractor, and control over the
engagement of subcontractors.
2. Monitoring the progress of realisation of works through preparation of dynamics plans at the end of
each month and comparison of the planned and the actual realised progress. This comparison shall
be included in the Monthly Progress Report submitted to the contracting authority with explanation
on the delays and provision of details on the proposed measures for avoidance of all future delays, as
well as the potential measures for compensation of lost time in the Project realisation.
3. Performing inspection of Works on the construction site, whenever necessary, so as to check and
determine the quality and quantity of performed works of the Contractor and the Project realisation
in accordance with the contract documentation and the good engineering practice for construction of
gas pipelines.
4. Checking the geodetic measures, research, boundaries marking and all other measures performed by
the Contractor necessary for the purposes of good realisation of Works, as well as for the monthly
and final interim certificates.
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5. Checking the geotechnical conditions at the excavation site (stability, categorisation of land, load
capacity, erodibility, corrosion, control of compactness), other measures of the physical and
mechanical base features and the earth incorporated materials performed by the Contractor and
required for the purposes of good realisation of Works, as well as for the monthly and final interim
certificates.
6. Check of the quality of all incorporated construction materials (concrete, steel, stone, plaster and
other) with control measuring of the physical and mechanical features of the materials, performed by
the contractor and required for the purposes of good realisation of Works, as well as for the monthly
and final interim certificates.
7. Full implementation of the designed environmental protection measures, including the professional
opinions, analysis, reports and proposals on the necessary additional activities for improvement of
the environmental protection.
8. If necessary, performing inspection and testing of all materials and products envisaged to be
incorporated in the Works, in accordance with the Technical requirements, the accepted international
practice and the Macedonian and European standards in the field of construction of gas pipelines, as
well as the cross-section of gas pipelines with roads and other facilities, water stream overpasses,
ditches and similar.
9. Obtaining information and provision of recommendations on the appropriateness and other
characteristics of the producers and sources for procurement of machinery, plants and equipment, as
well as materials that the contractor proposes to be used for realisation of the Works on the gas
pipeline, as well as for the temporary and permanent works.
10. Check and provision of recommendations to the contracting authority on the adequacy and
authenticity of all orders, confirmations, certificates, insurances, guarantees, compensations,
ownership of machines etc., which are obligation of the contractor according to the Contract terms.
11. Propose to the contracting authorities such changes in the project documentation and the Technical
terms which might become required or desirable during the construction, as well as to check the
necessary revised parts of the Project documentation and the Technical terms on all changes
approved by the contracting authority.
12. Radiographic testing (RT), ultrasound testing (UT), visual testing (VT), magnet flux testing (MT),
ultrasound thickness testing (UTT), penetration testing (PT), and other tests of the gas pipeline.
13. Control of all parts of the project related to incorporation of electro-technical materials, optical
systems, electrical installation, corrosion protection systems, etc., with the necessary control
measuring.
14. To advise the contracting authority on the possible ways to cut costs for the Works on the gas
pipeline and ask the contractor to undertake appropriate measures for improvement of the progress
of Works.
15. To provide the contractor in writing or through the construction logbook with all necessary
instructions, in accordance with the contract terms.
16. To continuously and timely check, supplement and verify the construction logbook kept by the
contractor and to cooperate with the contractor in the logbook preparation, in a diligent manner and
throughout the duration of the realisation of the Works, in accordance with the contract terms.
17. To provide the contracting authority with recommendations on the acceptance or rejecting of the
works on the gas pipeline or any part of those Works performed by the Contractor, in cooperation
with the Contract terms.
18. To prepare and submit for approval by the contracting authority, payment orders for the monthly and
final payment certificates, in accordance with the Contract terms.
19. To periodically monitor the work quantity remaining to be performed and to also make a review of
costs for the Works for calculation of the final price for the works for gas pipeline realisation.
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20. To consult with the contractor and submit written recommendations to the contracting authority on
the prices and amounts for all unforeseen work positions that might occur during the gas pipeline
works realisation.
21. When necessary, to provide the contractor with guidelines on all field tests, including the tests with
trial testing of welding, construction, registration of results of the testing, recording the performed
works, including the supervision and verification of such tests.
22. Following the completion of the Works on the gas pipeline, to submit to the contracting authority
such geodetic, geo-technical, construction, electro-technical, mechanical and other reports,
registrations, etc., as well as the Project on usage and maintenance of the gas pipeline, and the
Project for the as built situation of the road and the facilities in the form with possibility for
computer memorising and translation into microfilms, prepared by the contractor, required for the
purposes of successful maintenance of the completed building.
23. The provide the contractor with guidelines and instructions regarding the care and securing of the
property of the contracting authority, as well as on the maintenance and securing of accesses,
temporary roads and deviations and securing and regulating the traffic in the construction site area
and next to it.
24. Before the final certificate payment, to ask the contractor to check, supplement and verify and
submit to the contracting authority the completely filled in form with data on the performed works
on the gas pipeline envisaged for the information data bank on the gas pipeline system of the
Republic of Macedonia, which in accordance with its instructions, is prepared by the contractor.
25. Following the completion of Works, to cooperate in the organisation, to prepare all necessary reports
and documentation and to organise the Technical control of the construction site, and to cooperate in
the issuing of the Takeover certificate (certificate for usage).
26. To assist the contracting authority and to actively participate in the process of land expropriation (if
such need occurs in the phase of construction), as well as other arrangements in the handover of the
location of the future construction site of the contractor for the purposes of realisation of Works and
for the takeover of completed Works, in parts or completely.
27. To provide estimates and to advise the contracting authority on all requirements of the contractor,
including the process for such requirements.
28. To continuously cooperate and consult with the contracting authority on all professional and
technical aspects related to, or arising from, the realisation of Works.
29. Together with the design and consultation supervision, to provide proposals on the resolution of
potential disputes or different opinions between the contracting authority and the contractor
regarding the realisation of the Works on the gas pipeline.
30. During the guarantee period for removal of shortcomings, to advise and assist the contracting
authority in all necessary procedures including the issuing of certificates for final completion of
Works.
31. To assess the final measuring and the final payment certificate and to appropriately advise the
contracting authority including all necessary advises on issues relating to the compensation
requirements or the early completion of Works.
32. To perform all other works, continuously or incidentally and whenever necessary, arising from its
rights, duties and responsibilities in accordance with the Contract terms, for the purposes of
successful realisation of the gas pipeline Works supervision, the procurement or the Project
implementation.
33. All other activities and services prescribed for the legal entity for supervision in accordance with the
Contract terms.
34. To control and assess the progress of works, to order interruption of works with authorisation of the
contracting authority, as well as continuation of the period for completion of works.

3.2.2 Subject of work of the Supervising entity after the construction phase
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After completion of the works, the legal entity for supervision shall perform an inspection of the works,
periodically, and shall assist the contracting authority in reference with the administrative issues pertaining to
the contract for realisation. The tasks shall include, but shall not be limited to:
1. Temporary inspection of removal of damages by the contractor (every 2 months).
2. Preparation and issuing of the Final payment certificate.
3. Recommending the return of guarantees and the guarantee deposit.
4. Report on all activities in the guarantee period.
This phase shall cover the guarantee period defined in the contract and it shall occasionally include only the
Chief Engineer and the Consultation Engineer. The effective duration of the engagement for these persons
shall be 4 months for the entire guarantee period.

3.3. EXPERT SUPPORT TEAM

The expert support team means personnel that includes experts in various fields who, depending on the needs
of the Project, are included mainly for the purposes of dealing with the occurred problems of technical and
administrative nature or of a specific area as required by the Supervising entity.

The expert support team should secure a complete expert and professional support to the field (operational)
supervising team. The members of the expert support team should possess high theoretical and practical
knowledge in various technical and other areas necessary for the purposes of Project realisation. This team
should, when required, include experts in field of: line infrastructure designing, statics, geotechnics, geology,
environmental protection, geodesy, mechanical engineering and electrotechnics.
The total number of member of this expert team is not limited and should include all areas needed by the
Investor for this Project.

During the construction, due to the nature of works, and in accordance with the Law on Construction, it is
necessary to control and adjust the design solutions from the Main Design with the actual conditions
perceived at the excavation opening and gas pipeline foundation.
Accordingly, during the construction, there is a need of ongoing design control, control calculations,
adjustment and verification of the design solutions with the actually determined field conditions.

If necessary, a proposal is made for modification of the solutions for certain phases of the design, especially
in case of more significant deviations against the designed situation.

In this context, the expert support team makes preparations for all detailed designs, besides those already
prepared, which might be necessary for the contractor for the purposes of preparation of drawings for design
realisation.

In addition, it proposes to the contracting authority such changes in the Project documentation and the
Technical terms that might be necessary or desired during the construction, and checks the necessary revised
parts of the Project documentation and the Technical terms for all changes approved by the contracting
authority.

The expert support team should perform control of the loading specifics of the existing and foreseen
foundation of the gas pipeline and the accompanying facilities. If necessary, to envisage the relevant
modification of the foundation, depending on the determined field conditions. During the control of the
geotechnical performance conditions, the expert support team shall use the results of the Report on
geotechnical study prepared for the Main Design phase, and all results of the control and ongoing tests in the
construction phase.

For the purposes of modification and approval of the potentially offered solutions of the contractor, the
expert support team is obliged to check and approve the proposals.

The modification of design solutions should be completed in accordance with the valid technical regulations
in the Republic of Macedonia or other recognised technical regulations for such type of facilities, standards,
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norms, rulebooks, as well as in accordance with the technical specifications of the materials envisaged with
the design or arising upon a request of the Client in the construction phase.

The expert support team has a task to also prepare the necessary technical details, if necessary during the
phase of work, to provide opinion on the proposals of the contractor or the quantitative supervision and other
data necessary for the purposes of verification of the adopted solution.

The design solutions in the phase of construction should contain calculations and analysis for the existing
loads, and in accordance with the valid technical regulation or the positive practice for work for such type of
works. The drawings should be elaborated in accordance with the European and Macedonian regulations,
norms and standards relevant for their preparation.

For certain completed phases, the expert support team should prepare a Design that would be an integral part
of the Design for the as built situation, which shall describe the design solutions and the relevant details for
performance.

The expert support team shall be available throughout the duration of the construction works. Its engagement
shall depend on the specific Project needs.

The monthly payment rates shall also cover all material expenses for office and field work, expenses for field
controls, usage of the required equipment for field research works, field geodetic works, etc.), during which
the Supervising entity shall independently assess the volume of these works in accordance with the needs.

4. NOTIFICATION
The legal supervision entity, during the realisation of its services, shall provide the contracting authority with
the following reports:
Inception report within six weeks after the commencement of works,
Monthly progress reports (3-4 pages),
Quarterly progress report during the phase of construction,
Report on the completion of works within one month as of the issuance of the Certificate for
handover (decision for usage) by the competent state body.
Report on the maintenance every six months after the Guarantee period commencement.
Final report one month after the issuing of the Final payment certificate.
Handover of the modified design solutions with all technical calculations and details
Handover of the consultation report with revision of all works.

All reports shall be prepared in Macedonian language and three copies shall be submitted to the contracting
authority.
5. PLAN OF DYNAMICS
The contractual period for realisation of works shall commence on the date of commencement of the
construction and shall last till the construction completion for the entire gas pipeline length defined with the
Basic design. The Supervising entity is also obliged in the period after the construction, in the guarantee
period defined with the contract.
6. WORKING HOURS
For the purposes of securing smooth and continuous supervision of works, the working hours of the
supervision team shall be maximally adjusted to the working hours of the contractor. The tenderers should
know that during the winter months, the contractor usually works with reduced working hours, while during
the months with favourable weather conditions, the working hours vary and can be extended by inclusion of
non-working days.
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In that respect, the Consultant should know that the number of working hours of its personnel during one
month can be higher and lower than 176 hours/month, but the payment shall be realised on the basis of the
man/month defined rates, regardless of the realised working hours during the month.
7. CAPACITIES TO BE SECURED BY THE TENDERER
The tenderer, among the other, should be aware that the one shall, at own cost, secure an office (offices),
office equipment, etc., within the Work Contract. If several key points are in question, it shall mean that there
will be special office secured for the supervision with all the necessary equipment on each location of
construction site organisation.
Each office shall have a working premise for having meetings for a minimum of 12 participants, copier,
minimum two places for computer work, minimum one scanner, two printers, a fax machine and other
supporting equipment.
The legal supervision entity, within the frames of the contract, shall secure transport vehicles necessary for
realisation of its services and equipment for all control and ongoing geodetic, geotechnical, construction,
electro technical and mechanical parts of the project. These costs should be covered as a lump sum in the
tender and should be envisaged for the entire duration of the project and minimum 3 months after the
handover of works by the contractor.
8. PERSONNEL
The Supervising entity should provide an adequate team/personnel for the purposes of providing the services
indicated in this programme, as follows:

#/ KEY PERSONNEL AND QUALIFICATIONS OF THE SUPERVISING ENTITY PERSONNEL
The Supervising entity should provide all persons declared to perform supervision with an appropriate
authorization to perform supervision category A issued by a competent body, and each person should possess
a relevant authorisation for performing category A supervision in the relevant areas issued by the Chamber
of authorized architects and authorized engineers. In addition, for certain specific issues, it is foreseen that
the supervision shall also have other certificates and licenses. The structure of the team for supervision and
the main qualifications are presented in the following table:
Position in the operation supervision
team
Qualifications
Chief supervision engineer Civil or mechanical engineer with working experience
of at least 10 years in the field, with the appropriate
authorisation to perform category A supervision.
At least 2 (two) executive officers
Assistant supervising engineer
Civil or mechanical engineer with working experience
of at least 10 years in the field, with the appropriate
authorisation to perform category A supervision
Responsible supervising engineer, civil
engineering phase, responsible for quality
of materials (concrete, steel, other)
Civil engineer with working experience of at least 7
years in the field, with the appropriate authorisation to
perform category A supervision in the civil engineering
field
Responsible supervising engineer, civil
engineering phase, responsible for control
of works pertaining to water streams, roads
and other infrastructure
Civil engineer with working experience of at least 7
years in the field, with the appropriate authorisation to
perform category A supervision in the civil engineering
field, specialization hydrotechnical engineering
Responsible supervising engineer, civil
engineering phase, responsible for control
of works when building accompanying
facilities
Civil engineer with working experience of at least 7
years in the field, with the appropriate authorisation to
perform category A supervision in the civil engineering
field
At least 3 (three) responsible mechanical
engineers
At least 5 (five) years of working experience with valid
license A for supervision
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At least 4 (four) executive officers,
mechanical engineers or mechanical
technicians
The persons shall possess certificates for NDT testing in
accordance with EN473/ISO 9712 and PED 97/23/EC
and can be mechanical engineers or mechanical
technicians with NDT testing certificates in accordance
with EN473/ISO 9712 and PED 97/23/EC, as follows:
Radiographic testing (RT), Ultrasound testing (UT)
1 executive officer,
Visual testing (VT), Magnetic flux (MT) 1
executive officer,
Ultrasound thickness testing (UTT) 1
executive officer,
Penetration testing (PT) 1 executive officer

At least 3 (three) executive officers, survey
engineers

Survey engineer with working experience of at least 5
years in the field, with appropriate authorisation to
perform category A supervision for the geodesy area
At least 2 (two) executive officers,
engineers with authorizations in the field of
geotechnics
Civil, geological or geotechnical engineers with working
experience of at least 5 years in the field with
appropriate authorisation to perform category A
supervision in the field of geotechnics
At least 1 (one) executive officer, electrical
engineer
Electrical engineer working experience of at least 5
years in the field, with appropriate authorisation to
perform category A supervision in the field of
electrotechnology
At least 1 (one) executive officer,
environment engineer
Environment, mechanical or civil engineer with
authorisation to perform category A supervision in the
field of environment
Technical support personnel,
(two executive officers)
Technical person for documentation, correspondence
and translation, engineer, IT person or person with
secondary education with knowledge of MS Office and
Autocad

.
B/ EXPERT SUPPORT TEAM
The expert support team should provide the complete expert and professional support to the field
(operational) supervising team. The members of the expert support team should possess high level of
theoretical and practical knowledge in various technical and other areas necessary for the purposes of Project
realization. Within this team, as a minimum, the following experts per areas should be included:
Position in the expert team Qualifications
Civil engineering, two responsible persons
obliged to at least twice a week, and more
if necessary and on call, perform a control
of the facility
Civil engineers with a working experience of at least 10
years in the field, minimum master of technical science,
of which one mandatory PhD of technical science with
the appropriate authorisation to perform category A
supervision and authorisation for category A designing,
civil engineering field
Geotechnics, two responsible persons
obliged to at least once a week, and more if
necessary and on call, perform a control of
the basic gas pipeline zone
Civil engineer with a working experience of at least 8
years in the field, with an authorisation to perform
category A supervision and authorisation for category A
designing, geotechnics field
Geology, one responsible person, obliged
to at least once a week, and more if
necessary and on call, perform a control of
Geological engineer, with a working experience of at
least 10 years in the field, with appropriate authorisation
to perform category A supervision and authorisation for
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the basic gas pipeline zone category A designing, geotechnics field, as well as a
license to prepare geological documentation
Geodesy, one responsible person, obliged
to at least once a week, and more if
necessary and on call, perform a control of
the geodetic measurements
Survey engineer with a working experience of at least 5
years in the field, with the appropriate authorisation to
perform geodetic works, issued by the Chamber of
authorised land surveyors, and with the appropriate
authorisation to perform category A supervision and
authorisation for category A designing, geodesy field,
minimum master of technical sciences
Mechanical engineering, two responsible
persons obliged to at least twice a week,
and more if necessary and on call, perform
control of the facility
Mechanical engineer with working experience of
minimum 10 years in the field with the appropriate
authorisation to perform category A supervision and
authorisation for category A designing, mechanical
engineering field, minimum master of technical sciences
Electrical engineering, one responsible
person obliged to at least once a week, and
more if necessary and on call, perform
control of the facility
Electrical engineer, with working experience of
minimum 10 years in the field with the appropriate
authorisation to perform category A supervision and
authorisation for category A designing, electrical
engineering field, minimum master of technical sciences
Environment, one responsible person
obliged to at least once a week, and more if
necessary and on call, perform control of
the facility
Engineer, with working experience of at least 5 years in
the field with Certificate for passed professional exam
for Environment project impact assessment, minimum
master of technical sciences

The aforestated team and the duration of duties are only indicative, and the duration of the engagement of
individual team members may vary depending on the actual project needs, with previous consent by the
contracting authority.

Apart from the working experience and certificates, the personnel that comprises the expert team, in
accordance with the position for which the same were proposed, should also have experience on works of
similar nature.























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Attachment 2 Contract Model

*NOTE: The contracting authority shall reserve the right to amend the contract model prior
to its signing.

Contract Model


Concluded on ________________ 2014 in Skopje, between:

I. CONTRACTING PARTIES

1. CLIENT: MINISTRY OF TRANSPORT AND COMMUNICATIONS
and
2. SERVICE PROVIDER: ___________________________________

Article 1
This contract shall regulate the mutual rights and obligations of the contracting parties regarding the
realisation of services: for performing supervision over the construction of the national gas pipeline of the
Republic of Macedonia, lot 1, section: Klechovce-Shtip-Negotino, in accordance with the Decision for
public procurement No _________ from __________, following the conducted open procedure number
____/201_ and published in the website of the Public Procurement Bureau on _______ 201__ which ended
with an electronic auction and the Decision for selection of the most advantageous tender number
____________ from _________.

II. CONTRACT SUBJECT

Article 2
The subject of this Contract is the provision of services: for performing supervision over the
construction of the national gas pipeline of the Republic of Macedonia, lot 1, section: Klechovce-Shtip-
Negotino, in accordance with the accepted tender registered with the Service Provider with number _______
from __________, and registered with the Client with number _______ from __________, in accordance
with the technical specifications (specifics of works) of the tender documentation and the tender
documentation, which represent an integral part of this Contract.
The service for supervision over the construction shall be performed by the Supervising Engineer
determined by the Service Provider.

Article 3
The services referred to in Article 2 of this Contract which are subject of the procurement consist of:
performing supervision over the construction of the national gas pipeline of the Republic of Macedonia, lot
1, section: Klechovce-Shtip-Negotino, according to quality and quantity, in accordance with the project
documentation and in accordance with the Bill of Quantity (description and quantities) which contains the
description and quantity of works to be covered during the supervision over the construction, provided in the
tender documentation which is an integral part of the Contract and preparation of the Monthly reports on the
performed supervision over the construction and Final report on the performed supervision over the
construction, according to the accepted tender registered with the Client with number ____________ from
__________, the project documentation and pursuant to the valid legislation for such type of buildings.

III. LANGUAGE OF CONTRACT

Article 4
The language of the Contract and the other documents that are integral part of this Contract shall be
the Macedonian language and the usage of its Cyrillic alphabet.
The language of the entire communication and correspondence in writing between the contracting
parties shall be the Macedonian language.

IV. PRICE OF THE CONTRACT SUBJECT
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Article 5
The total price for the services referred to in Article 2 of this Contract, in accordance with the
reached price at the electronic auction held on ________ 20__, shall amount ___________________ denars
with all costs and discounts included, VAT excluded.
The total VAT amount shall be___________________ denars.
The total Contract price, with all costs and discounts included, with VAT, is___________________
denars.

Article 6
The total prices for expression of individual services are given in the tender of the Service Provider,
which represents an integral part of this Contract and the same are determined on the basis of all elements
valid at the time of conclusion of the Contract.
The total prices include all costs for operations, material, transport costs, tax obligations, profit, and
all other costs necessary for the price to be formed.
The prices that result from the negative bidding during the electronic auction as reached highest
prices, are fixed and shall remain unchanged on any basis for the entire Contract duration.
The reached total price at the electronic auction, including all costs and discounts, VAT excluded,
for the public procurement contract subject, shall involve proportional reduction of prices for each position
of the public procurement contract subject.

V. CONTRACT DURATION

Article 7
This Contract shall cease to be valid when the rights and obligations undertaken with this Contract
by the contracting parties are fully met.

VI. RESPONSIBILITIES OF THE CLIENT

Article 8
The Client shall be obliged with this Contract:
1) To enable the Service Provider with conditions for proper and timely execution of the contractual
obligations;
2) To provide the Service Provider with a copy of the authorisation for construction;
3) To provide the Service Provider with one copy of the project documentation necessary for
realisation of the services subject to this Contract;
4) To provide the Service Provider with all information available to it, which are necessary for the
purposes of smooth realisation of services;
5) To enable the Service Provider, within the frames of the possibilities of the Client, access to the
other institutions in terms of obtaining information required for the Service Provider, and necessary for the
purposes of smooth realisation of services;
6) To inform the Service Provider on the person designated by the Client for coordination and
cooperation between the Client, the Contractor and the Service Provider, as representative of the Client;
7) To inform the Service Provider on the legal entity (Contractor) which shall execute the
construction works, as well as on the person designated by the Contractor as performance engineer who shall
manage the construction and be responsible for realisation of the commitments pursuant to the law;
8) To inform the Contractor on the legal entity (Service Provider) for performing supervision over
the construction, as well as on the person designated by the Service Provider as a Supervising Engineer who
shall, on behalf of the Client, perform supervision over the construction;
9) To inform the Service Provider on the date and hour of provision of access to and possession of
the site of the Service Provider;
10) To provide access to and possession of the site for the Service Provider (Supervising Engineer);
11) To handover to the Service Provider a copy of the Plan for Construction with dynamics and
timeframes for construction, prepared by the Contractor;
12) Upon request of the Service Provider, to become involved in the resolution of potential
disagreements and problems with the Contractor.


Article 9
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The Client shall be obliged, within 7 working days at the latest, from the date of conclusion of this
Contract, to inform the Service Provider in writing on the date and hour of provision of access to and
possession of the site of the Service Provider.
Special minutes shall be prepared on the provision of access to and possession of the site, between
the Client and the Service Provider.


VII. RESPONSIBILITIES OF THE SERVICE PROVIDER

Article 10
The Service Provider shall be obliged to perform the services subject to this Contract in a
professional, quality and complete manner, in accordance with the accepted tender, project documentation
and pursuant to the provisions of this Contract.

Article 11
The Service Provider shall be obliged to continuously perform the service pertaining to the
performing of supervision over the construction of the national gas pipeline in the Republic of Macedonia,
lot 1, section: Klechovce-Shtip-Negotino till the full completion of the works for construction of the building
in subject by the Contractor and in accordance with the valid regulations for such type of buildings.

Article 12
The Service Provider shall be obliged within 3 working days, at the latest, as of the date of
conclusion of this Contract, to designate a Supervising Engineer who shall, on behalf of the Service Provider,
perform supervision over the construction.
The Supervising Engineer shall be responsible for realisation of the obligations in accordance with
the law.
If, during the construction, that is, during the realisation of the services subject to this Contract, the
Service Provider changes the Supervising Engineer and designates another person to perform the supervision
over the construction who shall be responsible for realisation of the obligations pursuant to the law, the
Service Provider shall be obliged, within 3 working days as of the made change at the latest, to inform the
Client in writing on the made changes.

Article 13
The Service Provider may designate several supervising engineers, in which case it shall designate a
Chief Supervising Engineer, who shall be responsible for the mutual construction supervision coordination
and for the preparation of the Final construction supervision report.
If the Service Provider shall designate several supervising engineers and shall designate a Chief
Supervising Engineer, the same shall be obliged to inform the Client in writing thereof.

Article 14
The timeframe for realisation of the service for performing supervision over the construction shall
commence on the day following the day of provision of access to, and possession of, the site for the Service
Provider by the Client.
If the Service Provider shall fail to commence the realisation of the service referred to in paragraph 1
of this Article, the Client shall provide it with an additional reasonable timeframe of 7 working days for
commencement of the realisation of the stated service, if the Service Provider has justified reasons for that.
If the Service Provider shall fail to commence the realisation of the services referred to in paragraph
1 of this Article for the timeframe provided for in paragraph 2 of this Article, the Client may terminate the
Contract and ask for damage compensation from the Service Provider and invoke the bank performance.

Article 15
The Service Provider shall be obliged with this Contract:
1) To inform the Contractor on the date and hour of provision of access to, and possession of, the site
for the Contractor;
2) To provide the Contractor with access to, and possession of, the site;
3) To be continuously present at the construction site;
4) To perform the construction supervision in a continuous, thorough and professional manner in
accordance with the rules of the profession and pursuant to the law;
5) To control the work of the Contractor on a daily basis;
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6) To control the construction whether it is performed in accordance with the project documentation
and the construction authorisation;
7) To determine whether the designed building was marked on site;
8) To control the building in each construction phase;
9) To control the quality of the incorporated materials and the equipment in the building;
10) To determine whether the Contractor has secured proofs for origin of the building technical
stone, the building sand and gravel, and if it concludes that the same are not secured, inform the competent
body that issued the construction authorisation thereof, as well as the State Inspectorate for Technical
Inspection;
11) To control the quality and quantity of performed works in accordance with the project
documentation and the Plan for construction with dynamics and timeframes for construction prepared by the
Contractor;
12) To control whether the works are executed according to the valid technical regulations, norms
and obligatory standards valid for construction of such type of works;
13) To inform the Client and the competent civil engineering inspector of all determined
shortcomings or irregularities found during the construction and note them in the construction logbook;
14) To check whether the construction logbook notes the date of construction commencement;
15) To prepare a written Report for every phase of the construction for the performed control with an
assessment on the compatibility of the building with the project documentation and the building conditions;
16) To submit the Report on the performed check with assessment of the building compatibility with
the project documentation and the building conditions in the Clients archive;
17) To prepare written Monthly reports on the realised construction supervision;
18) To submit the Monthly reports on the realised construction supervision in the Clients archive;
19) To check whether the construction logbook registers the date of completion of the construction;
20) To prepare written Final report on the performed construction supervision;
21) To submit the Final report on the performed construction supervision in the Clients archive;

Article 16
The obligations of the Service Provider set out in Article 17 paragraph 1 of this Contract, shall be
realised by the Supervising Engineer designated by the Service Provider.

Article 17
The Supervising Engineer shall, on behalf of the Client, provide access to, and possession of, the site
for the Contractor.
The Supervising Engineer shall be obliged within 3 working days, at the latest, as of the date of
provision of access to, and possession of, the site for the Service Provider, inform the Contractor in writing
of the date and hour for provision of access to, and possession of, the site for the Contractor.

Article 18
The timeframe for provision of access to, and possession of, the site for the Contractor shall
commence as of the date and hour stated in the written notification submitted to the Contractor by the
Supervising Engineer for provision of access to, and possession of, the site for the Contractor.
The Supervising Engineer shall be obliged to provide access to, and possession of, the site for the
Contractor within 1 working day, at the latest.
Special minutes shall be prepared between the Supervision Engineer and the Contractor on the
provision of access to, and possession of, the site.
Copy of the stated minutes shall be submitted by the Service Provider to the Client.
The date of provision of access to, and possession of, the site, shall be registered in the construction
logbook.

Article 19
The Supervising Engineer shall be obliged, while performing supervision over the construction, to
prepare Monthly Progress Reports, and following the completion of the construction works, to prepare and
Final report on the performed construction supervision.
The Supervising Engineer shall be obliged to prepare the Monthly Progress Reports and the Final
report for performed construction supervision in accordance with the provisions of the Law on Construction
(Official Gazette of the Republic of Macedonia No 130/09, 124/10, 18/2011, 36/2011, 54/2011, 13/2012,
144/2012, 25/2013, 79/2013, 137/2013, 163/2013, 27/2014 and 28/2014).
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VIII. TIMEFRAME FOR REALISATION OF THE SERVICE

Article 20
The timeframe for realisation of the service for construction supervision shall commence on the day
following the date of provision of access to, and possession of, the site for the Service Provider by the Client,
which is defined in Article 11 paragraph 1 of this Contract.


Article 21
The timeframe for preparation of the monthly progress reports shall commence on the day following
the day of ending of the current month.
The Service Provider shall be obliged to prepare the monthly progress reports within 3 working
days, at the latest.
The timeframe for preparation of the Final report on the performed construction supervision shall
commence on the day following the date of registration of the date of completion of the construction in the
construction logbook.
The Service Provider shall be obliged to prepare the Final report on the performed construction
supervision within 5 working days, at the latest.


IX. TIMEFRAME AND MANNER OF SUBMISSION OF REPORTS AND SUBMISSION OF THE
CONSTRUCTION LOGBOOK


Article 22
The timeframe for submission of the monthly progress reports and the Final report on the performed
construction supervision shall commence on the day following the date of their preparation.
The Service Provider shall be obliged to submit the monthly progress reports and the Final report on
the performed construction supervision in writing to the archive of the Client within 3 working days, at the
latest.
The Service Provider shall be obliged to submit one complete copy of the construction logbook and
the construction book, duly bound, to the archive of the Client within 5 working days, at the latest.
The timeframe for submission of a complete copy of the construction logbook and the construction
book shall commence on the day following the date of registration of the date of completion of the
construction in the construction logbook.


X. LIQUIDATED DAMAGES

Article 23
The Service Provider shall agree to pay to the Client a defined amount (liquidated damages), if:
- it is lagging behind with the realisation of the obligations defined in this Contract.

Article 24
The liquidated damages shall amount 2 (two per mille) of the total agreed price for services for
each day of delay if the obligations are not realised within the prescribed timeframe, so that the amount of
the agreed liquidated damages cannot exceed 5% (five percent) of the total agreed price for services.
The liquidated damages shall be calculated till the realisation of the obligations defined with this
Contract.
The Client is entitled, after expiration of the timeframe for realisation of the obligations subject to
this Contract, to deduct from the invoices for performed services for construction supervision the agreed
liquidated damages referred to in paragraph 1 of this Article.


Article 25
The request for realisation of the liquidated damages right can be stated within 15 working days, at
the latest, as of the date of handing over of the complete copy of the construction logbook and the
construction book to the Clients archive.
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Article 26
If the Service Provider shall be late with the realisation of its obligations, the Client shall ask for
realisation of the obligations and the liquidated damages, as compensation for the damage suffered by the
Client due to the untimely realisation of obligations.

Article 27
The Client shall be entitled to ask for the liquidated damages when its amount shall exceed the
damages it suffered, as well as when it did not suffer any damages.
If the damages suffered by the Client are higher than the amount of the liquidated damages, it shall
be entitled to ask for the difference up to the full damage compensation.

Article 28
The Service Provider agrees to pay the Client a one-off penalty payment in amount of 6.000,00
denars, for each case individually, of the Supervising Engineer shall fail to act in accordance with Article 20
paragraph 1 items 3, 4 and 5 of this Contract.

XI. MANNER, TERMS AND DEADLINES FOR PAYMENT

Article 29
The payment shall be realised on the basis of the man/month defined rates, regardless of the realised
working hours during the month, according to the following dynamics:
- in 2014 25.000.000,00 denars with VAT, at the most
- in 2015 40.000.000,00 denars with VAT, at the most
- in 2016 38.486.000,00 denars with VAT, at the most

Article 30
The date of invoice receipt shall be the date when the invoice was registered in the Clients archive
office.

XII. DEFAULT INTEREST FOR LATE PAYMENT

Article 31
The Client, if late with the realisation of the monetary obligation (payment) of this Contract, shall,
besides of the principal, also be obliged to pay the default interest according to the positive legal regulations.

Article 32
The Service Provider is entitled to a default interest regardless whether it suffered any damages due
to the delay.
If the damage caused to the Service Provider due to the delay is higher than the amount it would
receive as a legal default interest, it is entitled to ask for the difference up to the full damage compensation.

XIII. DIFFERENCE IN PRICES

Article 33
The correction of unit prices is not envisaged, that is, the unit prices expressed in the tender which
are a result of the negative bidding during the electronic auction as reached lowest prices, shall be fixed and
cannot be changed on any basis throughout the Contract duration.

XIV. CONTROL (SUPERVISION) FOR THE REALISATION OF THE SERVICE FOR
CONSTRUCTION SUPERVISION

Article 34
The Client shall be entitled at any given time, without any previous notification, to perform control
on site (supervision) over the work of the Supervising Engineer, in order to determine whether it complies
with the obligations set out in this Contract.

Article 35
If during the control on site, the Client shall not find the Supervising Engineer on the construction
site where the construction works are carried out, the Client shall prepare minutes on the performed control
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in which it shall indicate the absence of the Supervising Engineer and the lack of compliance with its
obligations set out in this Contract.
The Client shall inform in writing the Service Provider of the conclusions of the made control and
shall point out the lack of compliance with the obligations of this Contract.
The minutes referred to in paragraph 1 of this article shall be signed and verified by the
representative of the Client and the Performance Engineer.

XV. APPLICABLE LAW

Article 36
The valid regulations of the Republic of Macedonia shall apply for all potential disputes that might
arise in reference with this Contract.

XVI. FORCE MAJEURE

Article 37
Neither of the contracting parties shall be held liable for the failure to execute this Contract resulting
from a Force majeure.
If one of the contracting parties shall be prevented due to a Force majeure event, the one shall be
obliged, within 24 hours, to inform the other party in writing thereof, by indicating the reasons of the Force
majeure and providing the relevant proof, if possible.
After the Force majeure event shall be removed, the Contract can be realised if required with a
jointly accepted supplementing of the Contract or with Contract termination.

XVII. PERFORMANCE GUARANTEE FOR THE CONTRACT AND CONDITIONS FOR
INVOKING OF THE GUARANTEE

Article 38
The Service Provider shall be obliged to submit to the Client a bank performance guarantee for the
Contract, issued by a Bank acceptable for the contracting authority, in amount of 15% of the Contract value,
VAT included, that is, in an amount of __________ denars, which obliges it for timely and quality
realisation of the obligations from this Contract.
The Service Provider shall be obliged within 10 working days, at the latest, as of the date of signing
of this Contract, to submit the bank guarantee referred to in paragraph 1 of this Article, irrevocable, non-
transferable and collectible unconditionally on first written request, valid till the full Contract realisation.
If the Service Provider shall fail to provide the bank guarantee referred to in paragraph 1 of this
Article within the defined timeframe, the Contract shall be considered as void and shall not cause legal
actions.

Article 39
The Client shall invoke the performance guarantee for the Contract in the following cases:
- If the Service Provider shall fail to commence the realisation of the service for construction
supervision within the prescribed timeframe;
- If the Service Provider shall fail to comply with the obligation for daily control of the work of the
Contractor and the obligations related to the performing of the construction supervision defined in Article 20
of this Contract;
- In case the Service Provider bears the responsibility for substandard realisation of the services
according to the Contract subject described in Article 2 and Article 4 of this Contract;
- If the Service Provider shall fail to comply with any of the Contract obligations, and
- In case of Contract termination which is attributed to the Service Provider.

The performance guarantee for the Contract in case of timely and quality realisation of the Contract,
shall be returned to the Contractor within 14 days as of the date of full Contract realisation.


XVIII. RESPONSIBILITY FOR SHORTCOMINGS

Article 40
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The Service Provider, who was entrusted with the realisation of construction supervision, shall be
held responsible for the shortcomings in the performed works which can be attributed to the Contractor if the
same could have been noted with the standard and reasonable monitoring of the works.

XIX. INDEMNIFICATION

Article 41
The contracting parties shall be obliged to comply with the obligations arising from this Contract.
When one of the contracting parties shall fail to comply with the obligation or shall be late in terms
of its realisation, the other contracting party shall be entitled to indemnification for the damage caused due to
that.
The contracting party which was given a reasonable additional timeframe for realisation by the other
contracting party, shall be liable for the damages occurred due to delays in the realisation.
The contracting party shall be also responsible for the partial or complete impossibility to fulfill the
obligations although it had not been hiding this impossibility if it has occurred after the delay for which the
party is responsible.
The contracting party shall be exempt from the responsibility for the damage if it can be proven that
the subject of the obligation would coincidently fail even if the party had fulfilled the obligation in time.

Article 42
The contracting party shall be exempt from the responsibility for the damage if it is proven that it
could not have fulfilled its obligation, i.e. that it had been late with the fulfillment of the obligation due to
circumstances which have occurred after the signing of the Contract which it could not have prevented,
removed or avoided.

Article 43
The Contracting party shall have a right to indemnification of the regular damages and the lost
benefits which the other contracting party must have envisaged during the signing of the Contract as possible
consequences from breach of Contract, considering the facts that had to have been known to the party at the
time.
In the event of fraud or purposeful non-fulfillment as well as non-fulfillment due to utter negligence,
the contracting party shall have the right to seek from the other contracting party indemnification of the
entire damages incurred because of breach of Contract, regardless of whether the other contracting party had
not known about the special circumstances due to which they have arisen.
If during the failure to fulfill an obligation, in addition to the damage, the contracting party has
incurred some profit, it shall be reasonably taken into account when determining the level of the
indemnification.
The party invoking the breach of Contract shall be obligated to undertake all reasonable measures to
mitigate the damage caused by the breach or the other side may seek reduction of the indemnification.

Article 44
The Contracting party which must inform the other party about the facts which are of significance
for their mutual relationship, shall be responsible for the damages suffered by the other party because it had
not been informed in time.


XX. DISPUTE RESOLUTION

Article 45
All potential disputes and misunderstandings which could arise from this Contract shall be resolved
by the contracting parties in the spirit of good business practice with mutual agreements. If this does not
generate results within 10 working days, the dispute shall be resolved before an arbitrage committee
comprising of 3 (three) members, 1 (one) from each contracting party and the third shall be chosen jointly
from the pool of arbiters of the Arbitrage Court at the Economic Chamber of the Republic of Macedonia.



Article 46
If the Arbitrage Committee fails to provide a mutually acceptable solution, all potential disputes
shall be resolved by the Basic Court Skopje II in Skopje.
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XXI. CONTRACT TERMINATION

Article 47
If one of the contracting parties shall fail to perform their obligation, the other party may request that
the obligation be fulfilled or may terminate the Contract, and in any case it shall have the right to a
compensation.

Article 48
The Client is entitled to unilaterally terminate the Contract if the Service Provider shall refuse
without a justification to complete the agreed services till the utilisation of the agreed total price.

Article 49
When one of the contracting parties shall fail to perform its obligation in the specified deadline, the
other contracting party must provide for an additional reasonable deadline of 7 working days for fulfillment
of the obligation.
If the contracting party again fails to fulfill the obligation in the specified additional deadline of 7
working days, the other contracting party may terminate the Contract without a termination notice, and shall
be entitled to compensation.


Article 50
One of the contracting parties may terminate the Contract without providing an additional deadline
to the other party to fulfill the obligation if the behavior of the other party shows that it does not intend to
perform its obligation even in the additional deadline, and shall be entitled to damage compensation.

Article 51
When, before the expiration of the deadline for the fulfillment of the obligation it becomes obvious
that one contracting party shall fail to perform its obligation of the Contract, the other party may terminate
the Contract and seek indemnification of damages.

Article 52
The contracting party which due to failure to have the contractual obligations fulfilled, terminates the
Contract, shall be obliged to convey this information in writing to the other contracting party without delay
by submitting a written statement on contract termination.
The Contract shall be considered as terminated following the receipt of the written notification
referred to in paragraph 1 of this Article.

Article 53
With the termination of the Contract both contracting parties are released from their obligations
except from the obligation for indemnification of possible damages.

XXII. FINAL PROVISIONS

Article 54
This Contract shall enter into force on the date of its signing by the contracting parties.

Article 55
The provisions of the Law on Obligations and the valid legal regulations of the Republic of
Macedonia shall apply to anything not regulated with this Contract.

Article 56
The contracting parties may supplement and/or amend the provisions of this Contract only by mutual
agreement.
The contracting party seeking amendments and/or supplementing shall be obliged to submit its
request to the other party in writing.
The amendments and supplementing of this Contract can be made by mutual consent of the
contracting parties in writing.
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The Contract can be amended and supplemented with an Annex Contract, signed by the authorised
representatives of the contracting parties
The Contract can be changed only in accordance with the provisions of the Law on Public
Procurement and the tender documentation and the Law on Obligations.


Article 57
Neither of the contracting parties shall have the right to transfer its obligations to a third party,
without a mutual written agreement.

Article 58
This Contract is made in 8 (eight) identical copies, of which 5 (five) for the Client and 3 (three) for
the Service Provider.


CLIENT: SERVICE PROVIDER:





The tenderer (authorised person) shall initialise the proposed contract model by which it shall formally
confirm that it accepts the contractual terms in case the procurement realisation is awarded


































Attachment 3 Tender Form
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[memorandum of the tenderer]



On the basis of the notice number _____________________ [enter the notice number] published by
____________________________________________ [enter the name of the contracting authority], for
awarding a contract for public procurement __________________________________________________
_____________________________________________________________________________ [enter
the contract subject as indicated in the notice] by implementing a simplified competitive procedure with a
notice publishing, with an electronic auction through the Electronic System for Public Procurement (ESPP),
and the tender documentation that we have acquired through the ESPP (https://www.e-nabavki.gov.mk), we
hereby submit the following:




TENDER





Part I Information on the tenderer

I.1. Name of the tenderer: _______________________________________________________________

I.2. Contact information:

- Address: _______________________________________________________________________

- Telephone: _____________________________________________________________________

- Fax: ________________________________________________________________________

- E-mail: _____________________________________________________________________

- Contact person: _____________________________________________________________

I.3. Head person: __________________________________________________________________

I.4. Tax reference number: _________________________________________________________________

Part II Technical proposal

II.1.We hereby agree to offer the following services: ____________________________________________
_______________________________________________________________________________________
_
______________________________________________________________________________________.

II.2. We accept the manner, timeframe and the place for realisation of the services defined in the tender
documentation.


Part III Financial proposal
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III.1. The total price of our tender, including all costs and discounts, VAT excluded, which is given
separately, amounts:

Positi
on
Type of work Unit price
Number
of
executiv
e officers
Total
months
of
engage
ment
Unit
price
without
VAT
(denars)
Total
without
VAT
(denars)

1

Operational supervision
(chief supervising engineer)
24
months
/man

1

24


2
Operational supervision
(assistant supervising engineer)
20
months
/man

2

40


3
Operational supervision
(phase civil engineering)
15
months
/man

3

45


4
Operational supervision
(phase mechanical engineering)
15
months
/man

3

45

5
Operational supervision
(mechanical engineers or mechanical
technicians for welding control)

17
months
/man

4

68


6
Operational supervision
(phase - geodesy)
15
months
/man

3

45


7
Operational supervision
(phase - geotechnics)
15
months
/man

2

30


8
Operational supervision
(electrotechnology)
15
months
/man

1

15


9
Operational supervision
(environment)
15
months
/man

1

15


10
Technical support personnel
20
months
/man

2

40


11
Transport, accommodation and usage
of equipment for geodetic control
measuring for the entire construction
period

Lump sum



12
Transport, accommodation and usage
of equipment for geotechnical
measuring for the entire construction
period

Lump sum



13
Transport, accommodation and usage
of equipment for measuring and testing
in the field of environment

Lump sum



14
Transport, accommodation and usage
of equipment for mechanical
measuring for the entire construction
period

Lump sum


Republic of Macedonia Tender documentation
Ministry of Transport and Communications
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15
Transport, accommodation and usage
of equipment for measuring the quality
of used construction materials for the
entire construction period

Lump sum



16
Securing an office (offices) for each
key work site minimum two premises
with all the necessary office and
accompanying equipment for the entire
contract duration and the entire
construction period, plus minimum
three months after the construction
with all costs included



Lump sum


TOTAL FOR ALL POSITIONS, VAT EXCLUDED
VAT 18%
GRAND TOTAL IN NUMBERS
GRAND TOTAL IN LETTERS:

2. EXPERT SUPPORT TEAM
Position Type of work Unit price
Number
of
executive
officers
Total
months
of
engage
ment
Unit
price
without
VAT
(denars)
Total
without
VAT
(denars)

1
Civil engineer, Master of technical
sciences and PhD of technical
sciences (civil engineering phase)
15
months
/man

2

30


2
Mechanical engineer, Master of
technical sciences and PhD of
technical (mechanical engineering
phase)
15
months
/man

2

30


3
Electrical engineer, Master of
technical sciences (electro
technology phase)
15
months
/man

1

15



5
Civil engineer (geotechnics phase) 15
months
/man

2

30


6
Engineer of geology (geology
phase)
20
months
/man

1

20



7
Survey engineer, Master of
technical sciences (geodesy phase)
20
months
/man

1

20


8
Environment engineer, Master of
technical sciences (environment
phase)
15
months
/man


1

15

TOTAL FOR ALL POSITIONS, VAT EXCLUDED
VAT 18%
GRAND TOTAL IN NUMBERS
GRAND TOTAL IN LETTERS::

TOTAL PRICE FOR ALL WORKS 1 + 2:
VALUE ADDED TAX (VAT 18%):
GRAND TOTAL FOR ALL POSITIONS:
GRAND TOTAL IN LETTERS:

Republic of Macedonia Tender documentation
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III.2. Accordingly, the total price of our tender, including all costs and discounts, VAT excluded, amounts:
______________________________________________________________________ [in numbers]
(__________________________________________________________________ denars.) [in letters]

The total VAT amount is: __________________________________________________ [in numbers]
(___________________________________________________denars.) [in letters]

Total with VAT: _______________________________________________[in numbers]
(_________________________________________ denars.) [in letters

II.3. Our tender shall be valid for the period set out in the tender documentation.
II.4. We agree with the manner and timeframe for payment set out in the tender documentation.
II.5. Our tender consists of the following parts:
- Documents proving the personal standing;
- Documents proving the capability to perform professional activity;
- Proof of fulfillment of the requirements for economic and financial capability;
- Proof of fulfillment of the requirements for technical and professional capability;
- Filled form of a list of confidential information (if there is no confidential information the form
does not need to be submitted);
- Filled form of the statement by which the economic operator accepts the Notice requirements;
- Filled form for proving the capability of the economic operators with the necessary attachments;
- Copy of License A for category one buildings supervision, License A for category one buildings
designing, and License A for project documentation revision;
- Initialised contract model;
- Tender guarantee;
- Written authorisation for the representative of the group of economic operators (only for group of
economic operators).
II.6. By submitting this tender, we entirely accept the conditions provided for in the notice and the tender
documentation and the provided contract model, and we shall not contest your right to cancel the procedure
for awarding a public procurement contract in accordance with article 169 of the Law on Public
Procurement.
II.7. The tender guarantee in the form of a bank guarantee is submitted in original to your address.

II.8. If our tender shall be accepted, we are hereby obliged to secure a Performance Guarantee the contract in
the form of a bank guarantee, in amount of 10% of the contract value.

Place and date Head person
_____________ ______________________
(signature and seal)*

* This form shall not be signed by hand, but exclusively electronically by attaching the valid digital
certificate whose holder is the head person or the person duly authorised by him/her.














III.1. Form of confidential information list
Republic of Macedonia Tender documentation
Ministry of Transport and Communications
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_____________________________________________________________________________________________________________________________________________________________________

TENDER DOCUMENTATION
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63

(this form is filled in and should be electronically signed by the head person or a person duly authorised by
him/her by using a digital certificate attached through the ESPP), if there are no confidential information,
the form does not have to be filled in and submitted

III.1. Form of confidential information list

Confidential information
Number of
pages
containing this
information
Reasons for confidentiality of
this information
Time period in
which this
information will
be confidential




















* This form shall not be signed by hand, but exclusively electronically by attaching the valid digital
certificate whose holder is the head person or the person duly authorised by him/her.





























Republic of Macedonia Tender documentation
Ministry of Transport and Communications
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III.2. Form proving the capability of the economic operators with the necessary attachments

(this form is filled in and should be electronically signed by the head person or a person duly authorised by
him/her by using a digital certificate attached through the ESPP),


III.3. Form proving the capability of the economic operators with the necessary attachments


1. General information on the economic operator

1. Name of the economic operator / representative of a group of economic operators / member of a
group of economic operators
.............................................................................................................................................................
.

2. Head office address:

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

3. Telephone:


Contact:
4. Fax:


email:
5. Place of incorporation/registration:


Year of incorporation/registration:

6.

Principal activities of the economic
operator:

7.

Number of permanent employees according
to qualifications (faculty education,
secondary education, highly qualified,
qualified and PK):





(In case of a group tender, the general information form shall be filled in for each member of the group of
economic operators)


2. Review of the association of the group of economic operators for joint performance


Names of the group of economic operators for joint performance (partners in the association)

1. Leading company (name and address)
..........................................................................................................................................................................
.
2. Company-partner (name and address)
..........................................................................................................................................................................
.
Republic of Macedonia Tender documentation
Ministry of Transport and Communications
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3. Company-partner (name and address)
..........................................................................................................................................................................
.


3. Details on realised contracts in the last 5 years by submitting confirmations from the clients, that
is, investors, including the value, time and location.


Economic operator / group of economic operators:

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



1. Contract number and date:
2. Contractor:
3. Name of procuring party:
4. Address of procuring
party:

5. Foreseen duration of the
contract/subcontract:

6. Date of full realisation of
the contract/subcontract:

7. Contract subject:

8. Contract value:

Total value
____________
____________
Individual
contractor
____________
____________
Group member

____________
____________
Subcontractor
___________
___________
9.
Other data (if any), description or explanation :




(The form shall be repeated as many times as there were required contracts and data on the same)


The Contracting Authority shall reserve the right to check the accuracy of the information stated in
the form







Republic of Macedonia Tender documentation
Ministry of Transport and Communications
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4. Education and professional qualifications of the managing personnel and the persons responsible
for realisation of the specific services and work experience



Name of economic operator / group of economic operators:

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



The group of economic operators for joint performance shall propose one list of candidates.

Team members in accordance with the minimal criteria:

No

Name and surname

Qualification
(education)
Type of
authorisation and
area of authorisation
Years of
working
experience in the
field

1.





2.





3.





4.





5.





6.





7.





8.



(The names of the other persons shall follow)


Each economic operator shall fill in the table with data on the person in accordance with the required
minimal participation criteria




5. Data on the technical equipment and capacity and other resources available to the economic
operator for the realisation of the procurement in subject

Republic of Macedonia Tender documentation
Ministry of Transport and Communications
_______________________________________________________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________________________________________________________

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67



Name of economic operator / group of economic operators:

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



We hereby confirm that the below stated units of equipment and transportation means shall be used for the
purposes of realisation of the public procurement contract in subject.


5.1. Information on the equipment

1. Type of equipment:


2. Equipment number:

3. Manufacturer:


4. Model and power:
5. Capacity:


6. Year of production:
7. Equipment ownership:

1. _______________________ 1. Own 2. Rented 3. Leased

8. Produced:

1. _______________________ 1. Serial 2. Specially according to plan/project
of the economic operator


(This form shall be filled in separately for each type of equipment)

Indicate the data whether the equipment is owned by the economic operator, rented or leased (submit the
relevant proof)

5.2. Information on transportation means

1. Type of transportation means:


2. Number:

3. Manufacturer:


4. Model:
5. Capacity:


6. Year of production:
7. Other data:


8. Ownership of transportation means:

1. _______________________ 1. Own 2. Rented 3. Leased
Republic of Macedonia Tender documentation
Ministry of Transport and Communications
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9. Produced:

1. _______________________ 1. Serial 2. Specially according to plan/project
of the economic operator


(This form shall be filled in separately for each type of transportation means)


Indicate the data whether the transportation means are owned by the economic operator, rented or leased
(submit the relevant proof)


6. Contract elements which the economic operator intends to give to a subcontractor


Economic operator / group of economic operators:

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



If the economic operator intends to give any part of the contract to a subcontractor, the contract elements
(type of works) intended to be given to a subcontractor shall be indicated, as well as its name and address.


1. Name and address of subcontractor:

.............................................................................................................................................................
.
Description of contract elements (type of works) given to the subcontractor:
..........................................................................................................................................................................
.
..........................................................................................................................................................................
.
..........................................................................................................................................................................
..........................................................................................................................................................................
..........................................................................................................................................................................
...

(The names of the other subcontractors, with description of the contract elements type of works given to the
subcontractor, shall follow)

* This form with the necessary attachments shall not be signed by hand, but exclusively electronically
by attaching the valid digital certificate whose holder is the head person or the person duly authorised
by him/her.



Attachment 3 Form of the statement by which the economic operator accepts the terms of the Notice

Republic of Macedonia Tender documentation
Ministry of Transport and Communications
_______________________________________________________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________________________________________________________

TENDER DOCUMENTATION
__________________________________________________________________________________________________________________________________________________________________
69




S T A T E M E N T





We hereby declare that by submitting the tender we fully accept the terms of the Public Procurement
Contract Award Notice number ___/2014 for procurement of services for performing supervision over the
construction of the national gas pipeline of the Republic of Macedonia, lot 1, section: Klechovce-Shtip-
Negotino, published in the Official Gazette of the Republic of Macedonia number ____/_____, the invitation
to submit a tender and all requirements indicated in the tender documentation on the basis of which we
submit our tender. We agree that those requirements shall be an integral part of the contract.
We agree that the contracting authority is entitled to cancel the contract award procedure in
accordance with Article 169 of the Law on Public Procurement.






Place and date Head person
_____________ ______________________
(signature and seal)*




* This form shall not be signed by hand, but exclusively electronically by attaching the valid digital
certificate whose holder is the head person or the person duly authorised by him/her.





















Attachment 4 Independent tender statement


Republic of Macedonia Tender documentation
Ministry of Transport and Communications
_______________________________________________________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________________________________________________________

TENDER DOCUMENTATION
__________________________________________________________________________________________________________________________________________________________________
70

S T A T E M E N T





I, the undersigned, ____________________________ [name and surname], on the basis of Article
129 paragraph 2 of the Law on Public Procurement, in the capacity of authorised person of the tenderer
________________________________, declare under full material and criminal responsibility that the
tender in the open procedure ____/2014 is hereby submitted independently, without an agreement with other
economic operators in a manner that is not in conflict with the competition protection regulations, as well as
that I do not participate in the procedure with other economic operators with whom I am related in equity,
ownership or family-based terms.

In addition, I hereby declare that I am fully aware of the consequences from provision of false
information in the Statement which might result into initiation of a procedure for determining the
misdemeanour or criminal liability against the tenderer on whose behalf and account I am authorised to
provide this Statement.







Place and date Head person
_____________ ______________________
(signature and seal)*





* This form shall not be signed by hand, but exclusively electronically by attaching the valid digital
certificate whose holder is the head person or the person duly authorised by him/her.


















ATTACHMENT 5. Tender guarantee
Tender guarantee

Republic of Macedonia Tender documentation
Ministry of Transport and Communications
_______________________________________________________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________________________________________________________

TENDER DOCUMENTATION
__________________________________________________________________________________________________________________________________________________________________
71
Date: ______________________________

Notice number: __________________________

To ____________________________________________________________________________ (name of
contracting authority)

Considering the fact that _________________________________________________________________
(name of tenderer), (hereinafter referred to as tenderer), on _____________ submitted its tender for
______________________________________________________________________________
_________________________________________________________ (hereinafter referred to as tender),

we hereby confirm that we _______________________________________________________ (name of
bank), with address at __________________________________________________________, with
registered head office at ____________________________________________ (hereinafter referred to as
bank, are hereby obliged with _______________________________________________________,
(name of contracting authority) (hereinafter referred to as procuring party) an amount of
___________________________ in words (
_____________________________________________________________________ ), for which the bank
and its successors and institutions appointed by them shall be obliged to fully and timely execute for the
procuring party.

Terms for invoking of the bank guarantee:

(1) If the tenderer shall withdraw its tender prior the expiry of its validity; or
(2) If the tenderer shall fail to accept the correction of arithmetic errors by the commission;
(3) If the tenderer shall fail to sign the public procurement contract; or
(4) If the tenderer shall fail to provide a bank performance guarantee for the contract.

we accept irrevocably, unconditionally, on first written request, to pay the procuring party the afore-stated
amount, without an obligation for the procuring party to prove its request, provided that the procuring party
shall indicate in that request that the amount it requires arises from any of the afore-mentioned terms, by
indicating such term or terms.

This guarantee shall be valid till and inclusive of ___________ day after the expiry of the deadline for tender
validity as indicated in the instructions for the tenderers, or the extended deadline set by the procuring party,
and the bank does not have to be informed of such extension.
Any request in relation with this guarantee shall be delivered to the bank in the abovementioned timeframe.

This guarantee cannot be transferred to third persons.

Date:

______________________________

Name and signature of authorised person:

______________________________



Seal of the bank


* The tender guarantee shall be submitted to the contracting authority in original at the latest by the
date and hour defined as deadline for submission of tenders



Attachment 6 Performance guarantee

Republic of Macedonia Tender documentation
Ministry of Transport and Communications
_______________________________________________________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________________________________________________________

TENDER DOCUMENTATION
__________________________________________________________________________________________________________________________________________________________________
72
Performance Guarantee

Date: ______________________________

Notice number: __________________________

To ____________________________________________________________________________ (name of
contracting authority)

Considering the fact that _________________________________________________________________
(name of contractor), (hereinafter referred to as contractor), in accordance with the contract no _________
from ________ was obliged for the procurement _________________________________________
_____________________________________(procurement subject), (hereinafter referred to as contract).

Since you have envisaged with the afore-mentioned contract for the contractor to submit a bank performance
guarantee for the contract, in the amount as set out in the contract, as a guarantee for quality realisation of the
contract,

we hereby confirm that we _______________________________________________________ (name of
bank), with address at __________________________________________________________, with
registered head office at ____________________________________________ (hereinafter referred to as
bank), are hereby liable, on behalf of the contractor, for an amount of ________________________ in
words (_______________________________________________________________________) and are
hereby obliged with _______________________________________________________, (name of
contracting authority) (hereinafter referred to as procuring party) for which the bank and its successors and
institutions appointed by them shall be obliged to fully and timely execute for the procuring party.

Terms for invoking of the bank guarantee:

! If the Service Provider shall fail to commence with realisation of the service for performing
supervision over the construction within the agreed timeframe;
! The Service Provider shall fail to comply with the obligation to perform control of the
contractors work on a daily basis and the obligations related to performing supervision over
the construction described in Article 20 of the Contract.
! In cases when the Service Provider bear responsibility for substandard realisation of the
services in accordance with the contract subject defined in Article 2 and Article 4 of the
Contract;
! If the Service Provider shall fail to comply with any of the Contract obligations; and
! In case of termination of Contract attributed to the Service Provider.

If one the afore-stated terms is fulfilled, we accept irrevocably, unconditionally, on first written request,
by which you declare that the Service Provider has failed to comply with its contract obligations, to pay the
procuring party, without disputing the afore-stated amount, without an obligation for the procuring party to
prove its request or to provide grounds or reasons for its request, provided that the procuring party shall
indicate in that request that the amount it requires arises from any of the afore-mentioned terms, by
indicating such term or terms.

This guarantee shall be valid till the full contract realisation and shall include ________ day after the full
realisation of the Contract number _______ from _________.

Any request in relation with this guarantee shall be delivered to the bank in the abovementioned timeframe.

This guarantee cannot be transferred to third persons.


Date:

Name and signature of authorised person:

Republic of Macedonia Tender documentation
Ministry of Transport and Communications
_______________________________________________________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________________________________________________________

TENDER DOCUMENTATION
__________________________________________________________________________________________________________________________________________________________________
73
______________________________

______________________________



Seal of Bank