Bulgaria – Construction work – “Framework agreement for the selection of contractors for new construction, reconstruction, conversion, major repairs, performance of individual construction and repair works, and maintenance of buildings, sites and facilities owned by Burgas Municipality”

Opportunity description

The purpose of this procedure is to conclude a Framework Agreement between Burgas Municipality and potential contractors, in which not all conditions for the award of the individual contracts are specified. The maximum number of potential contractors with which the Contracting Authority will conclude a Framework Agreement is up to 5 (five), or a smaller number if there are not enough participants that meet the selection criteria or the Contracting Authority’s previously announced conditions. The scope and volume of the individual contracts awarded on the basis of the framework agreement will depend on the specific need, as well as on the requirements of the regulatory framework during the term of the framework agreement. Performance of the public procurement contract includes activities related to construction, reconstruction, conversion, major and routine repairs, performance of individual construction and repair works, and maintenance of buildings, sites and facilities owned by Burgas Municipality. The main activities that are the subject of this public procurement. The Contracting Authority will specify the volume, specific scope and performance period when awarding each individual contract under the agreement by sending a written invitation to the parties to the framework agreement to conduct an internal competitive selection for the designation of a contractor. When launching a subsequent competitive procedure (internal competitive selection) on the basis of the concluded Framework Agreement, the potential contractors thereunder may not offer prices higher than those stated in the initial price offer. The specific contracts awarded in implementation of the Framework Agreement will be awarded on the grounds and in accordance with Art. 82, para. 3-6 of the Public Procurement Act, following an internal competitive selection – sending an invitation to the parties to the framework agreement specifying the particular activities, site and scope of performance under the relevant contract. The criterion on the basis of which the internal competitive selection will be conducted is “lowest price.” The estimated quantities and volumes in this procedure have been determined on the basis of an in-depth analysis of the performance of the previous Framework Agreement No. 93-ОП24-21(1)/05.07.2024, with subject: “Framework agreement for the selection of contractors for new construction, reconstruction, conversion, major repairs, performance of individual construction and repair works, and maintenance of buildings, sites and facilities owned by Burgas Municipality,” concluded following an open procedure entered in the “Centralized Automated Information System ‘Electronic Public Procurement’” (CAIS EPP) under unique number No. 00797-2024-0022, with a value of BGN 8 000 000 / EUR 4 090 335.05 excluding VAT, with a performance period of up to 3 years (36 months) or until the financial resources are exhausted. As is evident from the cited framework agreement, for the period from July 2024 to the beginning of 2026, i.e. in less than two years, the financial resources were exhausted. On the basis of the stated data, the Contracting Authority determines an estimated value of BGN 4 million/EUR 2 045 167.52 for a period of 12 months, i.e. the estimated value under this procedure is set at BGN 16 000 000,00 / EUR 8 180 670,10 for a period of 4 years or until the maximum financial resources are exhausted. When planning and determining the estimated value of this procurement for the conclusion of a framework agreement with activities identical to those under the previous one, namely: Framework Agreement No. 93-ОП24-21(1)/05.07.2024, account was taken of the average annual rate of performance of new construction, reconstruction, conversion, major repairs, individual construction and repair works, and maintenance of buildings, as well as the projected inflation index and market price dynamics. The estimated value of BGN 16 000 000,00 / EUR 8 180 670,10 has been distributed proportionally over a period of 4 years (48 months) to ensure the continuity of the processes for carrying out new construction, reconstruction, conversion, major repairs, individual construction and repair works, and maintenance of buildings. The foregoing is also evident from the contracts concluded under Framework Agreement No. 93-ОП24-21(1)/05.07.2024, publicly announced in CAIS EPP and the buyer profile, which demonstrate the contracting authority’s needs under this procurement, as well as the quantity and volume of the activities within its scope. Concluded Framework Agreement No.93-ОП25-80(1)25.08.2026, with subject: “Preliminary determination of the main general terms and conditions of contracts for the award of specific public procurements, as well as determination of the group of contractors that may conclude specific public procurement contracts on the basis of conducting an internal competitive selection for the performance of new construction, reconstruction, conversion, major repairs, performance of individual construction and repair works, and maintenance of buildings, sites and facilities owned by Burgas Municipality.” Not all conditions for the award of the individual contracts are specified in the Framework Agreement. The Contracting Authority will conclude contract(s) for specific sites in compliance with the stipulated competitive procedure. The specific activities involving new construction, reconstruction, conversion, major repairs, performance of individual construction and repair works, and maintenance of buildings, sites and facilities, the conditions and performance period, total price, payment method, etc. are set out in detail in the contract between the parties for the specific award, in compliance with the conditions of the CONTRACTOR’S Technical and Price Proposal, which constitute an integral part of this Framework Agreement. Contracts for the specific construction and installation activities required by the CONTRACTING AUTHORITY will be concluded after an internal competitive selection conducted in accordance with Art. 82, para. 4 of the Public Procurement Act and an invitation sent to all POTENTIAL CONTRACTORS that are parties to this framework agreement, under the conditions of Art. 82, para. 4, item 1 of the Public Procurement Act, in accordance with the general requirements established in the agreement, which will be specified in the contracts for the award of specific public procurements. Based on the needs of Burgas Municipality and within the financial resources allocated for the types of construction and/or construction and repair works that are the subject of this procurement during a budget year, the Contracting Authority concludes contracts under the public procurement by applying the terms of the framework agreement. The value of the contract for the relevant financial year may not exceed the funds provided for that type of activity in the budget of Burgas Municipality for the year and depends on the assignments and the work actually performed. The main activities that are the subject of the Framework Agreement are as follows: New construction, major repairs, reconstruction, conversion, major and routine repairs of public, residential and mixed-use buildings owned by Burgas Municipality or under mixed ownership, which constitute fourth- and fifth-category construction works; New construction of sixth-category construction works owned by Burgas Municipality or under mixed ownership; Performance of construction and repair works for the purpose of achieving normal operation and good technical condition of buildings, sites and facilities owned by Burgas Municipality; Supply and incorporation of the necessary construction materials and products in accordance with the Ordinance on the Essential Requirements for Construction Works and Assessment of the Conformity of Construction Products; Performance of the necessary tests and laboratory analyses; Remedying defects that become apparent during the warranty periods specified in the public procurement contract. The types of sites/construction works are as follows: 1. The fourth-category sites/construction works comprise the following subtypes, pursuant to Art.1З7, para.,1, item 4 of the Spatial Development Act: new construction of residential and mixed-use buildings with medium-rise development; new construction of public-service buildings with a gross floor area from 1 000 to 5 000 sq.m. or with a capacity of 100 to 200 visitor places; reconstruction and major repairs of fourth-category construction works; internal conversions of buildings from the first to the fourth category that do not affect their structure; and other fourth-category construction works; 2. The fifth-category sites/construction works comprise the following subtypes, pursuant to Art.1З7, para.,1, item 5 of the Spatial Development Act: new construction of residential and mixed-use buildings with low-rise development; new construction of public-service buildings with a gross floor area of up to 1 000 sq.m. or with a capacity of up to 100 visitor places; ancillary development construction works other than those in the sixth category; reconstructions, conversions, major repairs and changes in the designated use of fifth-category construction works; and other fifth-category construction works; З. The sixth-category sites/construction works comprise the following subtypes, pursuant to Art.1З7, para.1, item 6 of the Spatial Development Act: new construction of temporary construction works within the meaning of Art.54, para. 1 and para.4 of the Spatial Development Act; new construction of ancillary development structures; new construction of construction of swimming pools with a volume of up to 100 cubic m on enclosed land properties; new construction of retaining walls; new construction of solid and openwork fences; and other sixth-category construction works. In the performance of new construction, reconstruction, conversion and major repairs, the construction and installation works provided for in the approved investment designs and/or structural opinions are carried out, including the following activities: supply and installation of construction products and materials; provision of land for construction needs—for temporary construction, storage of materials and equipment in cases where these are outside the territory on which the construction work is being built; performance of the necessary tests and laboratory analyses; preparation of construction documents and preparation of the as-built documentation for the construction works; participation in procedures for commissioning the construction works; remedying deficiencies identified upon handover and commissioning of the construction works; warranty maintenance of the construction works, including the remedying of defects that become apparent during the warranty periods specified in the public procurement contract in accordance with the offer and national legislation; provision of a technical manager for the construction work and a Health and Safety Coordinator; to ensure compliance with the requirements of—continued in Additional information(BT-300-Lot) Procedure: open. Estimated value: 8,180,670.1 EUR. Review the original TED notice for the complete requirement, lots, amendments and attachments.