Minutes of Meeting

Project Transboundary Biosphere Reserve “Prespa” Albania BMZ No. 2013.66.830 Subject PRE-BID MEETING on “Implementation of the Energy Efficiency Refurbishment of Selected Buildings of Pustec and Devoll Municipalities Date April 12, 2021, 12.00 H Location Conference room, Ministry of Tourism and Environment (MoTE), Tirane, Participants - Prespa Project representatives - NAPA representatives - Potential Bidders - EE consultant

1. Introduction The Project Executing Agency (“PEA”), National Agency of Protected Areas on behalf of Ministry of Tourism and Environment of Albania, has received financing from KfW toward the cost of the “Transboundary Biosphere Reserve Prespa” (PRESPA-Albania), Phase II, and intends to apply part of the proceeds toward payments under the contract for the Implementation of the Energy Efficiency Refurbishment of Selected Buildings of Pustec and Devoll Municipalities.

The Project Executing Agency (“PEA”) now invites sealed Bids from eligible Bidders for the supplies, works and services on the Energy Efficiency Measures applied in the first selected Residential Buildings of Pustec and Devoll Municipalities at the building envelope and installation of the space heating stoves or space heating central systems, composed by one Lot: to promote energy efficiency measures, by selecting cost-effective projects with high visibility, ensuring high benefit to the end-users, energy savings and environmental benefits, contributing to the growth and productivity of the Albanian economy.

The objective of the pre bid meeting is to reply to potential bidders about any clarification they should ask related to bidding documents (Instruction to Bid-ITB) published in the NAPA webpage. 2. Discussions - The meeting was held on April 12, 2021, hr 12.00, at the premises of conference room of MoTE with the representatives of NAPA, Prespa project team leader and respective staff and three potential bidders. A short power point presentation was done by the Project staff, to highlight the relevant topics for this assignment and after that a session of question and answers started. Some important topics were stressed out during the above presentation (refer to Annex 1 for the power point) such as:  The bidders are encouraged to visit the site of the works and make their own measurements of the surfaces etc. in order to be accurate in their bill of quantities. The cost of the visit should be covered by the bidders.

 The provisional sums (contingency) could be part of the quotation in separate line but will not be considered for the evaluation process. (refer to PARA 32)  The quotations should be presented net of VAT. The VAT amount will be not be considered for evaluation purposes.  The sub-contracting is not foreseen in this assignment (refer to PARA 34.1 of ITB).  The administrative documents such as: One document that proves that the subject is not in bankruptcy, issued by National Registration Center. One document that proves that the subject has not been punished for law violation, issued by the competent authority. One document that proves that the subject has not been punished by the Court, related to professional activity, issued by the competent authority. One document that proves that assets of the subject, are not in the hands of Court Executer, or exists any sequester order for them, issued by Executers Office. One document that proves that the subject has fulfilled all employment insurance obligations, issued by Tax Administration.

should be submitted in original only by the awarded company (economic operator) before contract signature. For the purpose of bidding documents, only the Declaration of the fulfilment of the general conditions (refer to Annex 2) is sufficient.

 The own contribution of the direct beneficiaries as indicated in the ITB (pg 63-64 of ITB) should be a prerequisite for the commencement of the works.  PARA 20.2 of ITB specifies the rule to be applied for the authorized person to sign the bidding documents.  The BID validity is 120 days (calendar days)  The BID security validity is 162 days (calendar days)  The BID security amount is Euro 2,250.

The main questions/answers discussed in the bidders meeting are stated below:

i. Question from potential bidder: Is there any breakdown cost needed or only the summary forms for each type of measure, how to present the calculation of the works to be done?

Answer: In addition to the “summary of payments currencies tables” (refer to pages from 44 to 48 of ITB), pursuant to PARA 11.1 point (b) of the ITB, the priced bill of quantities is needed and the details are provided in PARA 12 of ITB.

ii. Question: Is this assignment a lump-sum, meaning turnkey contract? Answer: Yes, it is.

iii. Question: Is it required a particular Environmental and social report or the ESHS of the Works is sufficient? Answer: The ESHS template, part of ITB, from page 80 to page 97, should be filled with Signature confirmation/ Yes or No/ Short clarification text on the measures to be applied, as indicated in the relevant section.

iv. Question: Is the requirement of having experience in similar projects/works in Devoll and Pustec Municipality, mandatory? Answer: No. it is not mandatory.

3. Follow-up required The below topics were left for further internal consultation and the respective decisions were taken after the pre-bid meeting: - Audit report requirement: as per National legislation (Law 10091 dated 05.03.2009, “On legal auditing, organisation of approved licensed statutory auditor”) only part of the suppliers/service providers (juridical persons) are subject to mandatory audit. In order to avoid any restriction in bid participation, it was decided to amend PARA 16.1 point (f) by waiving the auditor’s report requirement if not applicable by the national legislation. All the bidders which are subject to mandatory auditing should submit the audit reports, while the bidders not subject to auditing as per legislation, should not. - Translation into English: The administrative documents obtained by e-albania system; balance sheets; profit and loss statements; auditor’s reports (if any) should not be translated in English but submitted in original language (Albanian). - Conversion into Euro currency of the values of supporting documents such as balance sheets, profit and loss statement, contracts for similar assignments, etc. should be done only for the overall amounts not for each item presented in the above-mentioned documents.

Attention! A summary of the most relevant data of ITB (for an easy reference) has been extracted from ITB document and is presented in annex 3 of this document. All the text in red in the EXTRACT document, refers to the amendments made to ITB after the pre-bid meeting.

4. List of Annexes: Annex 1: Presentation Annex 2: Declaration of the fulfilment of the general conditions (in Albanian language) Annex 3: Extract of relevant data of ITB (for easy reference)

Annex 1: Power point presentation during Pre Bid meeting

Annex 2: Declaration of the fulfilment of the general conditions (in Albanian language)

DEKLARATË MBI PËRMBUSHJEN E KRITEREVE TË PËRGJITHSHME1

Deklaratë e operatorit ekonomik2 pjesemarrës në procedurën e prokurimit që do të zhvillohet në datë______nga Autoriteti Kontraktor ______me objekt ______me fond limit ______.

Unë i nënshkruari ______me cilesinë ______të operatorit ekonomik ______deklaroj nën përgjegjësinë time të plotë se:

 Operatori ekonomik ______është i regjistruar në Qendrën Kombëtare të Biznesit dhe ka në fushën e veprimtarisë objektin e prokurimit. Në rastin kur ofertuesi është një organizatë jofitimprurëse, duhet të deklarojë se është i regjistruar si person juridik, sipas Ligjit Nr.8788, datë 07.05.2001 “Për Organizatat jo Fitimprurëse”.

 Operatori ekonomik ______nuk është dënuar për asnjë nga veprat penale, të parashikuara Nenin 45/1 të LPP.

 Personi/at në cilësinë e anëtarit të organit administrativ, drejtuesit ose mbikëqyrësit, aksionerit ose ortakut, ose ka kompetenca përfaqësuese, vendimmarrjeje ose kontrolluese brenda operatorit ekonomik, si më poshtë: ______etj. nuk janë ose kanë qenë të dënuar me vendim gjyqësor të formës së prerë për asnjë nga veprat penale, të përcaktuara në nenin 45/1 të LPP3.

 Operatori ekonomik ______nuk është dënuar me vendim të gjykatës së formës së prerë, për vepra që lidhen me veprimtarinë profesionale.

 Operatori ekonomik ______nuk është në proces falimentimi (statusi aktiv).

 Operatori ekonomik ______ka paguar të gjitha detyrimet për pagimin e tatimeve e të kontributeve të sigurimeve shoqërore, sipas legjislacionit në fuqi.

1 Pasi te shpallet fituesi, Autoriteti Kontraktor gëzon të drejtën ti kërkojë operatorit ekonomik fitues, dorëzimin e të gjithë dokumentacionit të listuar në këtë deklaratë, (origjinalin e dokumentacionit të marrë nga organet përkatëse) para lidhjes së kontratës. Deklarata është e vlefshme si pjesë e dokumentacionit të tenderit për të gjithë operatorët ekonomikë pjesëmarrës në tender. 2 Në rastet e bashkimit të operatorëve ekonomikë, çdo anëtar i grupit duhet të dorëzojë vetëdeklaratën e lartpërmendur. 3 Autorizoj Autoritetin Kontraktor të bëjë verifikimet përkatëse të gjendjes gjyqësore të personave të deklaruar në këtë Deklaratë.

 Operatori ekonomik______vërteton se pasuritë e subjektit nuk janë në duart e Përmbaruesit të Gjykatës, ose ekziston ndonjë urdhër sekuestrimi për to, i lëshuar nga Zyra e Permbaruesve.

Në çdo rast, autoriteti kontraktor ka të drejtë të kryejë verifikimet e nevojshme mbi vërtetësinë e informacionit të deklaruar nga operatori ekonomik si më sipër.

Data e dorëzimit të deklaratës ______

Nënshkrimi i ofertuesit ______

Vula ______

Annex 3: EXTRACT OF RELEVANT ITB DATA4

 Further information from Project Executing Agency (“PEA”): Attn: Ana Zacharian, Procurement Officer, [email protected] latest by April 19, 2021.

 Bidding docs: http://akzm.gov.al/publications.

 Deadline for submission: April 29, 2021 hrs 16, (ref.ITB 22.1) (late bids will be REJECTED)

 Address of Procurement Entity: Bulevardi “Dëshmorët e Kombit” Nr.1, 1001, Tiranë, Albania. Attn: Transboundary Biosphere Reserve Prespa Project- Albania, (Phase II),

 Bids will be publicly opened (appointed representatives) on April 30, hrs 14 at AKZM

 Para 19 - Bid security: The Bid Security shall be a demand guarantee in the form of an unconditional guarantee issued by a bank or financial institution (such as an insurance, bonding or surety company) from a reputable source from an eligible country as specified in Section V, Eligibility Criteria. Any Bid not accompanied by a substantially responsive Bid Security shall be REJECTED by the Employer as non-responsive.

 Validity of the bid security:42 days beyond the bid validity (refer to 19.3) meaning 162 days.

 Conflict of interest: refer to PARA 4.4.

 To qualify for award of the Contract, bidders shall meet the minimum qualifying criteria specified in the Bid Data Sheet and/or in Section III, Evaluation and Qualification Criteria.

 In case of any contradiction, documents obtained directly from the Employer shall prevail.

 The Employer will respond in writing to any request for clarification, provided that such request is received no later than ten (10) days prior to the deadline for submission of Bids, meaning April 19, 2021.

 The Bidder is advised to visit and examine the Site of Works and its surroundings. The costs of visiting the Site shall be at the Bidder’s own expense.

 The Bidder shall bear all costs associated with the preparation and submission of its Bid.

 Para 10.1 language of the bidding docs: English (supporting documents might be in another language but translation is needed and in case of discrepancy, the translated version will prevail). Following the Pre-bid meeting, it was decided to accept in original language (Albanian) the administrative documents obtained by e-albania or other government institutions, as well as, other documents explicitly mentioned in the following paragraphs.

4 Attention! This material represents an extract of the information already included in the ITB document and does not substitute the ITB requirements. It is intended for an easy reference ONLY, as indicative for relevant elements to be taken into consideration.

 Bidders wishing to offer technical alternatives to the requirements of the Bidding Documents must first price the Employer’s design as described in the Bidding Documents and shall further provide all information necessary for a complete evaluation of the alternative by the Employer including drawings, design calculations, technical specifications, breakdown of prices, and proposed construction methodology and other relevant details. Only the technical alternatives if any, of the lowest evaluated Bidder conforming to the Employer’s design of the Bidding Documents shall be considered by the Employer. (13.3). Pursuant to PARA 13.1 the employer does not ask for alternatives.

 The price to be quoted in the Letter of Bid shall be the total price of the Bid, excluding any discounts offered. (14.3)

 For items with no rate, shall be deemed covered by other items. (14.2)

 For items not listed at all, for price comparison, will be used the highest price of the item quoted by a responsive bidder….. (14.2)

 Para 18.1 Bid validity: 120 days. Bid valid for a shorter period shall be REJECTED by the Employer as non-responsive.

 Para 20- Bidding docs marked as “ORIGINAL” (alternative solutions marked as ALTERNATIVE)

 Para 20.2. If the person signing on behalf of the Bidder is the owner, member, or director of the Bidder, if the Bidder is a single entity, or of the Bidder’s Lead Member, if the Bidder is a JV, as demonstrated in the Bidder’s Application, then no authorization shall be required.

 Para 21.3 If all envelopes are not sealed and marked as required, the Employer will assume no responsibility for the misplacement or premature opening of the Bid.

 Para 38- The Most Advantageous Bid is the Bid of the Bidder that meets the Qualification Criteria and whose Bid has been determined to be:

(a) substantially responsive to the bidding document; and (b) the lowest evaluated cost.

 Bidding docs should be: One original; two paper copies; one electronic version, as well. Should be indicated over the respective envelopes: ORIGINAL/COPY.

 Bidders shall be requested to accept correction of arithmetical errors. Failure to accept the correction in accordance with ITB 31.1 shall result in the REJECTION of the Bid.

BIDDING DOCUMENTS TO BE PROVIDED BY THE BIDDERS

 Bidding docs to be provided: (16.1) (a) copies of original documents defining the constitution or legal status, place of registration, and principal place of business of the Bidder; written power of attorney of the signatory of the Bid to commit the Bidder. This requirement has been deleted. (b) total monetary value of construction works performed for each of the last five years5. (c) experience in works of a similar nature and size for each of the last five years, and details of work under way or contractually committed; and clients who may be contacted for further information on those contracts6. (d) major items of construction equipment proposed to carry out the Contract. (e) qualifications and experience of key site management and technical personnel proposed for the Contract. (f) reports on the financial standing of the Bidder, such as profit and loss statements, balance sheets and auditor’s7 reports for the past five years. (g) evidence of adequacy of working capital for this Contract (access to line(s) of credit and availability of other financial resources). (h) authority to seek references from the Bidder’s bankers. This requirement has been deleted. (i) information regarding any litigation, current or during the last five years, in which the Bidder was/is involved, the parties concerned, and the disputed amounts; and awards; (j) proposals for subcontracting components of the Works amounting to more than 10 percent of the Contract Price. The ceiling for sub contractor's participation is stated in the BDS8. The sub-contracting is not foreseen for this assignment. (Para 34.1)

 Para 17. The Bidder shall furnish a Technical Proposal including a statement of work methods, equipment, personnel, Schedules and any other information as stipulated in Section IV Bidding and Qualification Forms, in sufficient detail to demonstrate the adequacy of the Bidder’s proposal to meet the Work requirements and the completion time.

ADDITIONAL DOCUMENTS REQUIRED AS PER BID DATA SHEET (BDS)

 Part A: Information about the Bidder (Qualification of the Bidder) will include documentation issued not before than three months from the day of opening the offer, at least:  The declaration of undertaking

5 Wherever a Bidder is required to state a monetary amount, Bidders should indicate the EUR equivalent using the rate of exchange determined as follows: (a) For construction turnover or financial data required for each year - Exchange rate prevailing on the last day of the respective calendar year; (b) Value of single contract - Exchange rate prevailing on the date of the contract. 6 The contracts will be accepted in original language as signed (Albanian language) or English language. No translation is mandatory for the purpose of the bidding. 7 The auditor’s reports are required only for those economic operators subject to audit as per National legislation. The audit reports should be submitted in the original language (Albanian or English) as issued by the auditors. 8 At this time the Employer does not intend to execute certain specific parts of the Works by sub-contractors selected in advance (nominated subcontractors).

 A duly signed statement(s) of the Bidder (or of each member of the joint venture or consortium) referring to acceptance of the provisions of this Tender and quoting the annual turnover from his operations for the years 2017, 2018, and 2019.  Including also company brochures, references of projects with short description and value, and  any other information that proves that the Bidder (or the consortium of joint venture) possess the Qualifications whether they are capable of delivering the required goods and works duly and properly for each Lot separately (i.e. substantial experience in the execution of comparable projects, experience in Albania, availability in Albania of qualified personnel and appropriate facilities and equipment in sufficient quantities).

 Part B: Technical Bid Bid forms for Part B will provided:  The detailed description including copies of certificates and technical documentation required in order the Evaluation Committee to form a clear opinion about the technical solutions offered and their compliance with the Technical Specifications on this Procurement Dossier.  The warranties and after-sale services offered.  The time schedule for the completion of the project incl. the bills of quantities proposed by the Bidder. Activity Schedule for a lump sum contract of up to 75.000 Euro. A Bid not comprising Technical Proposal or a Bid for which the Technical Proposal is not substantially responsive (i.e. with material deviation, reservation or omission) shall be REJECTED.

 Part C: The Financial Proposal  The Financial proposal will be submitted as specified in accordance with Bid forms provided in Section IV. Bidding and Qualification Forms.

 ESHS: The Bid shall include the ESHS General and Specific Requirements signed by the Bidder as provided for this purpose in Section VII – Works Requirements, 1 b) Specifications for Project Area Environmental, Social, Health and Safety Management (ESHS) p. 80-93 of ITB. A Bid not comprising the signed ESHS General and Specific Requirements shall be REJECTED.

DOCUMENTS9 TO BE SUBMITTED ONLY BY THE AWARDED ECONOMIC OPERATORS, BEFORE CONTRACT SIGNATURE (Not by the bidders at this stage)

 One document that proves that the subject is not in bankruptcy, issued by National Registration Center.  One document that proves that the subject has not been punished for law violation, issued by the competent authority.  One document that proves that the subject has not been punished by the Court, related to professional activity, issued by the competent authority.  One document that proves that assets of the subject, are not in the hands of Court Executer, or exists any sequester order for them, issued by Executers Office.  One document that proves that the subject has fulfilled all employment insurance obligations, issued by Tax Administration.

The bidders should submit the Declaration as per Annnex 2 of this MoM, which covers at this stage the fulfilment of the above-mentioned documents requirement.

SOME MINIMUM REQUIREMENTS

(a) Average annual financial amount of construction work over a period of 3 years of at least Euro 150,000. (b) Experience as prime contractor in comparable projects successfully completed by the Bidder in the last three years proving substantial engagement in building construction, as well as extensive application of Energy Efficiency measures, i.e. thermal insulation in buildings construction, electromechanical installations in buildings, including efficient stoves, central heating systems, solar hot water system and EE LED lighting system, in the total amount of a nature, size and complexity equivalent to the Works over the period of last two years must be at least 5 comparable works.

Experience in Albania: The Bidder must provide evidences that has adequate experience in working in the country and possibly in Pustec & Devoll Municipalities, having at least carried out successfully similar projects in Albania in the last three years.

(c) Essential equipment required for the project: All equipment required for implementation of the requested works as per Section VII, especially but not limited to:

• Tape measure for measuring the insulation and the area being insulated, • Straightedge such as a yardstick or 2x4 for cutting insulation • Utility knife for cutting insulation • Stapling tool for attaching faced insulation or polyethylene vapor barrier to framing or studs • Putty knife or screwdriver for forcing pieces of insulation into small places

9 The documents listed refer to the ones substituted by the Declaration of the Fulfillment of the General Conditions (Deklarata e Permbushjes se Kushteve te Pergjithshme). Only the awarded company should submit the originals after award, as a precondition of contract signature.

• Caulking gun and caulk to seal floor and ceiling plates and other gaps through which air may flow • Dust mask to minimize temporary irritation from breathing airborne particles • Safety glasses or goggles to protect eyes from airborne particles and other potential hazards • Loose-fitting, long-sleeved shirt; long pants; and gloves to help minimize skin contact with insulation • Sturdy work boots for protection from insulation dust and equipment hazards • Durable caulking gun with sealant • High quality power drill • Strong pry bar • Caulking gun with sealant, a power drill, and a pry bar.

(d) Liquid assets and/or credit facilities10, net of other contractual commitments and exclusive of any advance payments which may be made under the Contract, of no less than 75,000 Euro. (PARA 5.2.d of ITB)

 …..may have their origin in any country subject to the restrictions specified in Section V, Eligibility Criteria, and all expenditures under the Contract will not contravene such restrictions. Pg 8 (PARA 4.2)11

 Performance security: will be at 10% of the contract amount Pg 32 of BDS: or comparison of Bids, the Bid Price, corrected pursuant to Clause 32, shall first be broken down into the respective amounts payable in various currencies12 by using the exchange rates specified by the Bidder in accordance with Sub-Clause 15.1. In the second step, the Employer will convert the amounts in various currencies in which the Bid Price is payable (excluding Provisional Sums but including Day work where priced competitively) to the single currency identified above at the selling rates established for similar transactions by the authority specified and on the date stipulated above.

TEMPLATES TO BE USED BY BIDDERS

1.Bid security: pg109-110 of ITB;

2. Letter of Bid: pg 36-37 of ITB

3. Appendix to bid: pg 38-40 of ITB

4. Declaration of undertaking: pg 41-43 of ITB

5. Summary of payment currency: pg 44-48 of ITB

10 Usually the equivalent of the estimated payments flows over 4-6 months at the average (straight line distribution) construction rate. The actual period of reference shall depend on the speed with which the Employer shall pay the Contractor’s monthly certificates. 11 The meaning is: The Section V specifies 1. Consulting Services, Works, Goods, Plant and Non-Consulting Services are eligible for KfW financing regardless of the country of origin of the Contractors (including subcontractors and suppliers for the execution of the Contract), except where an international embargo or sanction by the United Nations. 12 The only currency payable is EURO, as this is lump sum, we compare the total price excluding VAT.

6. Technical proposal should contain: (pg 49) - Site Organization and Method Statement - Construction Schedule - Personnel proposed - Equipment proposed and its quantities

7. Qualification information: pg 50-52 of ITB

8. ESHS: Pg 79-97 of ITB