Call for tenders' details
Status
Submission date
19/10/2021
Answer date
21/10/2021
Language
Status
Answered
Question details
Subject
Request for clarification on Tender Specifications, Annex 5.2 and point 2.4.3
Question
With reference to Annex 5.2 of the Tender Specifications (4. Tender specifications Part1- adm annex_002), we would like to ask: 1) According to the Commitment letter (Annex 5.2), does the use of the capacity of another entity, concerns only the economic and financial capacity or does include all the other selection criteria? 2) On the point 2.4.3 of the Tender Specifications is reported “the Contracting authority may require the entity to sign the contract or, alternatively, to provide a joint and full financial guarantee on first demand for performance of the contract” What is meant by a financial guarantee? Is the financial guarantee required regardless of the fulfilment of the selection criteria?
Answer
21/10/2021
1. If a tenderer use an entity on whose capacity is being relied, then as it is quoted in the (Annex 5,2. Commitment letter by an entity on whose capacity is being relied), “company(entity) authorizes the tenderer to rely on its economic and financial capacity to meet the minimum capacity levels”. As a result, it concerns only the economic and financial capacity. With regard to technical and professional criteria, an economic operator shall only rely on the capacities of other entities where the latter will perform the works or services for which those capacities are required. The contracting authority shall verify whether the entities on whose capacity the economic operator intends to rely and the envisaged subcontractors, when subcontracting represents a significant part of the contract, fulfil the relevant selection criteria. 2. A financial guarantee is a bank guarantee that may be requested by the subcontractor or the entity on whose capacities the tenderer relies to fulfil the selection criteria, as an economic guarantee to these entities in case the Contractor is no longer able to pay for the services already rendered. The contracting authority may request it even if it they pass the selection criteria.