vilnius.lt · Web view6.Procedure for the defence of infringed rights16 III.Carrying-out of the Tendering Procedure16 1.Progress and approximate schedule of the Tendering Procedure16

UNOFFICIAL ENGLISH VERSION

THE CONDITIONS OF THE TENDERING PROCEDURE FOR THE SELECTION OF THE CONCESSIONAIRE FOR THE GRANT OF CONCESSION FOR THE

IMPLEMENTATION OF THE PUBLIC–PRIVATE PARTNERSHIPPROJECT “MULTIFUNCTIONAL HEALTH, EDUCATION, CULTURE AND

BUSINESS SUPPORT COMPLEX”

7 September 2016Vilnius

TABLE OF CONTENTS

I. INFORMATION ON THE PROJECT UNDER IMPLEMENTATION................................................5

1. BRIEF DESCRIPTION OF THE PROJECT...................................................................................5

2. CONTEXT OF THE IMPLEMENTATION OF THE PROJECT, NEED FOR THE PROJECT, AND SIGNIFICANCE OF THE PROJECT.........................................................................................................6

3. PROJECT IMPLEMENTATION OBJECTIVES..............................................................................6

4. DESCRIPTION OF THE MODEL FOR THE IMPLEMENTATION OF PUBLIC–PRIVATE PARTNERSHIP.......................................................................................................................................7

5. MAIN CONDITIONS OF THE IMPLEMENTATION OF THE PROJECT........................................7

5.1. Project object (works, services, and required investments)..........................................75.2. The property (condition, legal status, and potential problems) to be transferred to the

Project Company before the entry into force of the Contract to the full extent and the method and rights of transfer........................................................................................8

5.3. Issues of the ownership of the Multifunctional Complex and the New Property.........95.4. Summary of risk sharing among the Awarding Authorities and the Project Company

....................................................................................................................................105.5. Funds and methods of funding the implementation of the Project.............................105.6. Structure of payments for the implementation of the Project.....................................105.7. Tendering Conditions of the execution of the Works and requirements for the Works

....................................................................................................................................115.8. Timing of, requirements for, and methods of the provision of the Services..............115.9. Possibilities of the engagement and replacement of Sub-contractors........................115.10. Insurances required.....................................................................................................115.11. Minimum requirements for the supervision and monitoring of the implementation of

the Project...................................................................................................................115.12. Principles of the responsibility of the parties to the Contract.....................................115.13. Security of the claims of the parties to the Contract and third parties........................115.14. Return of the Multifunctional Complex and the New Property upon expiration of the

Contract.......................................................................................................................125.15. Implementation indicators..........................................................................................12

II. GENERAL PROVISIONS...........................................................................................................12

1. AWARDING AUTHORITIES.....................................................................................................12

2. REQUIREMENTS FOR THE IMPLEMENTATION OF THE PROJECT.........................................13

3. ESSENTIAL TERMS OF THE PROVISION OF THE CONCESSION..............................................14

4. INFORMATION ON THE SELECTION OF THE CONCESSIONAIRE...........................................15

5. EXPLANATION AND SPECIFICATION OF THE TENDERING CONDITIONS.............................15

6. PROCEDURE FOR THE DEFENCE OF INFRINGED RIGHTS.....................................................16

III. CARRYING-OUT OF THE TENDERING PROCEDURE..............................................................16

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1. PROGRESS AND APPROXIMATE SCHEDULE OF THE TENDERING PROCEDURE...................16

2. PRELIMINARY SELECTION.....................................................................................................19

2.1. Entities entitled to submit an application....................................................................192.2. Contents of the application.........................................................................................192.3. Deadline for the submission of the applications.........................................................19

3. PERFORMANCE OF THE PRELIMINARY SELECTION.............................................................20

4. SUBMISSION OF THE PRELIMINARY TENDER.......................................................................20

4.1. Contents of the Preliminary Tender............................................................................204.2. Solution.......................................................................................................................214.3. Validity period of the Preliminary Tender..................................................................234.4. Time limit for the submission of the Preliminary Tender..........................................234.5. Presentation of the Preliminary Tender to the Commission.......................................234.6. Evaluation of the Preliminary Tender.........................................................................23

5. SUBMISSION OF THE DETAILED TENDER.............................................................................24

5.1. Contents of the Detailed Tender.................................................................................245.2. Tender performance security......................................................................................245.3. Validity period of the Detailed Tender.......................................................................255.4. Time limit for the submission of the Detailed Tender................................................255.5. Evaluation of the Detailed Tender..............................................................................26

6. NEGOTIATIONS.......................................................................................................................26

7. COORDINATION OF DOCUMENTS..........................................................................................29

8. SUBMISSION OF THE FINAL TENDERS..................................................................................29

8.1. Contents of the Final Tender......................................................................................298.2. Validity period of the Final Tender............................................................................308.3. Time limit for the submission of the Final Tender.....................................................308.4. Evaluation of the Final Tender...................................................................................30

9. CONCLUSION OF THE CONTRACT.........................................................................................31

10. COST OF PARTICIPATION IN THE TENDERING PROCEDURE...............................................31

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ANNEXES

1 Definitions

2 Specifications

3 Submission of requests

Error: Reference source not found Pre-selection criteria

Error: Reference source not found Pre-selection procedure

6 Application to participate in the tendering procedure

Error: Reference source not found Submission of applications

8 Tenderer declaration

Error: Reference source not found Tender evaluation procedure and criteria

Error: Reference source not found Submission of tenders

11 Tender forms

12 Performance security forms

13 Draft of the Concession Contract

14 Procedure for the consideration of disputes

15 Confidentiality Commitment

16 Requirements for the Financial Business Model

17 List of Affiliated Companies

18 List of Works Performed

19 List of contracts being implemented or completed properly

20 Certificate of the contracts being implemented or completed

21 List of the activities (events) of the Tenderer

22 Curriculum vitae of the specialist

23 Additionally attached documents

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I. INFORMATION ON THE PROJECT UNDER IMPLEMENTATION

1. BRIEF DESCRIPTION OF THE PROJECT

1. The Municipality and the DPES are implementing the public–private partnership project “Multifunctional Health, Education, Culture and Business Support Complex” with award of a concession in accordance with the procedure established by the Law on Concessions.

2. In the sense of Article 2(7) of the Law on Concessions, the Awarding Authorities in the Project shall be the Municipality and the DPES.

3. The Project planned for implementation is intended for the urban development of the city of Vilnius and improvement of the accessibility of pre-school education and non-formal education, health promotion, and other public services in the Northern Target Territory of the city of Vilnius as it is defined in Order No 1V-531 “On the approval of the Programme for the Development of the Integrated Territory of the City of Vilnius” of the Minister of the Interior of the Republic of Lithuania dated 19 June 2016.

4. The Project implementation site shall be the Northern Target Territory of the city of Vilnius. In this territory, a project an international and national sports complex, including a 25,000-seat football stadium with track-and-field tracks was envisaged from 1985. The foundation laying works were commenced in 1987 and completed in 1993. However, the lack of funds caused the works to be suspended with a planned extension at a later time. In 2006, a decision was taken to complete the works in accordance with an updated project. Therefore, construction works on the existing foundations were resumed in 2007. However, the project was again suspended in 2010 due to the lack of funding. At present, a non-completed carcass of concrete structures (construction in progress) remains at the aforementioned place.

5. In implementing the Project by means of concession, it is sough to select, in accordance with the procedure established in these Tendering Conditions, a Concessionaire who will have to establish the Project Company for the implementation of the Project. The Project Company shall be granted the right to plan (to develop and arrange) the territory of the implementation of the Project, to design, to construct, and to equip the infrastructure necessary for the provision of the Services (the Multifunctional Complex and the New Property) and to provide the Services specified in the Specifications, to ensure that the Public Services can be provided, and to carry out the Commercial Activities related to the Services provided at the Facilities and/or ensuring the functionality of the Facilities, without deviating, however, from the implementation of the goals provided for in the Project and requirements for the functionality and intended purpose of the Project, in accordance with the procedure and the terms established by the Contract and the Tendering Conditions.

6. The Tenderer must evaluate the whole forecast benefit and profit of the Commercial Activities permitted at the Multifunctional Complex for the Concessionaire and the Project Company at the time of the preparation and presentation of the Tender and will have to ensure, from that income as well as from the amounts payable from the Awarding Authorities in accordance with the established procedure, the proper provision of the Services.

7. The structures of the Stadium currently existing at the Project implementation site may be transferred, in accordance with the procedure and terms established by the Contract, to the Project Company, while a part of the established Facilities and Additional Immovable Property shall be transferred to the Project Company, in accordance with the procedure and terms established by the Contract, after establishing the Multifunctional Complex. At the other Facilities of the Multifunctional Complex, activities will be carried out and the Facilities will be managed by the entities appointed by the Awarding Authorities. The Land Plots shall be provided to the Project Company during the time of the performance of the Works on the grounds of lease in accordance with the procedure established by legal acts as a construction site if it is required by the Legal Acts. The Land Plots are possessed by the Republic of Lithuania on the grounds of the right of ownership; however, they will be transferred to Vilnius City Municipal Government for management and use on

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the grounds of trust. The implementation of the Project in the Land Plots will not limit the right of the Municipality or other institutions authorised by the state or the Municipality to equip any infrastructure required for the implementation of the functions of the state or the municipality and to carry out any public functions or to provide any public services other than those to be provided at the Multifunctional Complex. In case the Municipality or other institutions authorised by the state or the Municipality start the performance of activities in the Land Plot causing a reduction in the scope of the Services provided by the Project Company, the Annual Remuneration payable to the Project Company shall be reduced to the extent of the part of decreased costs of the scope of the provision of the Services.

2. CONTEXT OF THE IMPLEMENTATION OF THE PROJECT, NEED FOR THE PROJECT, AND SIGNIFICANCE OF THE PROJECT

8. The Project planned for implementation is related to the urban development of the city of Vilnius and improvement of the accessibility of pre-school education and non-formal education, health promotion, and other public services in the Northern Target Territory of the city of Vilnius. The most urgent problems in the context of the Project include the lack of the accessibility of pre-school education services, insufficient physical activity, deteriorating health of the population and insufficient resistance to diseases, social exclusion, lack of sufficient supply of accessible health promotion, educational, cultural and leisure services for the city residents, in particular socially vulnerable groups (people with disabilities, youth, and seniors), insufficient supply of business start-up promotion-oriented infrastructure, unsatisfactory infrastructure for the provision of public services, and unattractive living environment and air pollution. Due to these reasons, the main objectives of the Project is to enhance the accessibility of pre-school education services, to eliminate the threat posed to people by the unsafe structures of the Stadium and to use more effectively the territory for the provision of public services, to reduce air pollution and formation of traffic congestions, to increase the supply of accessible health promotion, educational, cultural and leisure services for the city residents, and to increase the supply of business start-up promotion-oriented infrastructure.

9. When establishing the boundaries of the Project, it is sought to ensure the comprehensiveness of the impact of the Project and arrangement of the territory in the Land Plots. The Project is not divided into smaller parts; however, taking into account the comprehensiveness of the tasks of the Projects, the specified functionally independent tasks (the establishment of the Multifunctional Complex Facilities and assurance of their operation) are distinguished and the sources of their funding are envisaged.

10. In the context of this Project, it is essential that the Public Services assigned to the competence of the Awarding Authorities can also be provided in the territory (the Land Plots) in question. Such convergence of the Public Services will enable the restoration of the currently untapped public service provision and commercial potential of the area and will promote the positive image of Vilnius both as a city and the capital of the Republic of Lithuania in the eyes of local and foreign tourists (including one-day visitors).

3. PROJECT IMPLEMENTATION OBJECTIVES

11. The Project to be implemented is comprehensive and covers the Services of different types and kinds as well as the possibility to provide the Public Services and carry out the Commercial Activities in the in-use Multifunctional Complex. To properly manage and control the process of the Project, the several objectives which are inter-related by the common territory and target groups have been formulated:

11.1. To establish multifunctional infrastructure complying with the public needs for the provision of pre-school education, non-formal education and health promotion services, organisation of a cultural, communications and information centre, sports museum, and mass cultural and sports events;

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11.2. To increase the attractiveness of the location for carrying out the Commercial Activities related to the Services and the Public Services provided in the Multifunctional Complex.

4. DESCRIPTION OF THE MODEL FOR THE IMPLEMENTATION OF PUBLIC–PRIVATE PARTNERSHIP

12. The Project is being implemented by means of the public–private partnership on the basis of theDesign-Build-Finance-Operate model.

13. In the Land Plots, the Project Company will have to perform the Works for the Multifunctional Complex. The Project Company does not acquire any rights of ownership to the Multinational Complex – on the grounds of the right of ownership, it will be possessed by Vilnius City Municipal Government. For the performance of the obligations of the Project Company in accordance with the Contract, the Facilities of the Multifunctional Complex, including the structures of the Stadium, will be transferred to the Project Company on the grounds of lease and other grounds provided by legal acts in accordance with the procedure established in the Contract. If the Facilities of the Multifunctional Complex and the Additional Movable Property are transferred to the Project Company on the grounds of lease, the Project Company will be released from the rental fee or, if the Council of Vilnius City Municipal Government takes a different decision, the payable rental fee will be compensated in accordance with the procedure established in the Contract. The Project Company will have the right, on the grounds of contracts of lease and other contracts, however, in accordance with the procedure and terms agreed upon with the Awarding Authorities, to temporarily sublease or transfer otherwise the Additional Immovable Property or Common-Use Premises existing at the Facilities for use by third parties in ensuring the performance of the Commercial Activities. The sublease by the Project Company or any other transfer of the Additional Immovable Property or other Common-Use Premises must comply with the Tender and not to infringe the requirements of the Legal Acts and the Contract. For the Works and the Services, the Project Company shall be paid the Annual Remuneration in accordance with the procedure and on the terms and conditions established in this Contract.

14. During the period of the Contract, the Company will provide the Services defined in the Contract. The Awarding Authorities will pay for a part of the Services in accordance with the procedure established in the Contract, while the Concessionaire and/or the Project Company will have to cover the remaining part of the funds from the income received from the Commercial Activities carried out in the Multifunctional Complex and from their other funds.

5. MAIN CONDITIONS OF THE IMPLEMENTATION OF THE PROJECT

15. Period of the Contract: up to 25 years.

5.1. PROJECT OBJECT (WORKS, SERVICES, AND REQUIRED INVESTMENTS)

16. The scope of the Project includes the Services provided within the boundaries of the Land Pots that are required for the population of the target territory, the Services necessary for the population of the whole city of Vilnius and, where possible, of the whole Lithuania. The activities to be transferred to the Project Company:

16.1. The arrangement of the abandoned territory in the Land Plots, the construction of common-use engineering networks and equipping of common spaces and their common-use infrastructure, their maintenance and carrying-out of the Commercial Activities related to the Services and the Public Services provided in the Multifunctional Complex;

16.2. The establishment of a kindergarten covering the design, construction, operation, and maintenance of a kindergarten building for at least 300 children and all engineering infrastructure necessary to provide pre-school education services (e.g. roofed playgrounds, open playgrounds, hiking trails, plantations, etc.);

16.3. The design, construction, operation, and maintenance of the infrastructure of a cultural education centre and library (premises of not more than 1600 (one thousand and six hundred)

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sq. m) with the transfer of Šeškinė Branch of the Central Library of Vilnius City Municipal Government;

16.4. The establishment of sports infrastructure facilities intended for non-formal education activities – artistic gymnastics, boxing, wrestling, and physical fitness rooms, at least 3 (three) football fields, 1 (one) track-and-field stadium, 4 (four) multi-purpose sports halls (3 (three) basketball and 1 (one) handball halls), and administrative premises, which includes the design, construction, operation, and maintenance, as well as carrying-out of the Commercial Activities at the time when this infrastructure is not used for the needs of the Municipality;

16.5. The establishment of public cultural and sports events infrastructure, i.e. establishment of a stadium with at least 15 000 (fifteen thousand) fixed seats together with all the necessary infrastructure for the establishment, which includes the design, construction, operation, and maintenance, as well as carrying-out of the Commercial Activities at the infrastructure;

16.6. The establishment of a sports museum, i.e. premises of not more than 1 500 (one thousand five hundred) sq. m, which includes the design, construction, operation, and maintenance;

16.7. The service of events organised at the Public Cultural and Sports Event Infrastructure by the Ministry and Culture and the Ministry of Education and Science of the Republic of Lithuania (the Lithuanian Song Festival, the Lithuanian School Students’ Song Festival, and the Baltic Students’ Song Festival “Gaudeamus”) as well as other events organised by state institutions, according to need, but not more than 20 days per year.

17. In more detail, the Multifunctional Complex which must be established by the Project Company as well as its individual Facilities are described in the Specification.

5.2. THE PROPERTY (CONDITION, LEGAL STATUS, AND POTENTIAL PROBLEMS) TO BE TRANSFERRED TO THE PROJECT COMPANY BEFORE THE ENTRY INTO FORCE OF THE CONTRACT TO THE FULL EXTENT AND THE METHOD AND RIGHTS OF TRANSFER

18. The Municipality will transfer to the Company the Objects specified below:

18.1. The Land Plots possessed by the Republic of Lithuania on the grounds of the right of ownership, which Vilnius City Municipal Government will manage and use in accordance with the right of trust after the Government of the Republic of Lithuania adopts a resolution to transfer the Land Plots to Vilnius City Municipal Government on the grounds of the right of ownership, i.e.:

18.1.1. the land plot (Cadastral No 0101/0020:212; Unique No 4400-0842-8751) located at Ozo g. 27, Vilnius. The method of use of the Land Plot – public/commercial purpose; allowable building height – 12 to 35 m; built-up density – 80%; built-up intensity – 3; share of associated plantations – 15% to 25%; restrictions on 1.8 ha road easement, prohibition to construct shopping centres. The Land Plot is possessed by the Republic of Lithuania on the grounds of the right of ownership and will be managed by Vilnius City Municipal Government on the grounds of the right of trust. The Municipality will transfer the Land Plot to the Project Company on the grounds of lease for the period of the Works as a construction site if it is required by the Legal Acts. It is not planned to transfer the rights to the Land Plot to the Project Company at the time of the provision of the Services unless it is required by legal acts applicable at that time. A written extract from the Real Property Register administered by the State Enterprise Centre of Registers (VĮ „Registrų centras“) concerning this Land Plot (relevant as of [X] (day) 2016) is attached in Annex 23 to the Tendering Conditions;

18.1.2. the land plot (Cadastral No 0101/0020:211; Unique No 4400-0841-3080) located at Ukmergės g., Vilnius. The method of the use of the land plot is the public/recreational purpose. The Land Plot is possessed by the Republic of

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Lithuania on the grounds of the right of ownership and will be managed by Vilnius City Municipal Government on the grounds of the right of trust. The Municipality will transfer the Land Plot to the Project Company on the grounds of lease for the period of the Works as a construction site if it is required by the Legal Acts. It is not planned to transfer the rights to the Land Plot to the Project Company at the time of the provision of the Services unless it is required by legal acts applicable at that time. A written extract from the Real Property Register administered by the State Enterprise Centre of Registers (VĮ „Registrų centras“) concerning this Land Plot (relevant as of [X] (day) 2016) is attached in Annex 23 to the Tendering Conditions.

18.2. The structures of the Stadium (Unique No 1300-2038-7016) at Ozo g. 27, Vilnius (structure under construction). The right of ownership shall belong to Vilnius City Municipal Government. The structures of the Stadium are transferred to the Project Company on the grounds of lease and other grounds provided for by legal acts, provided that according to the Contract the structures of the Stadium are to be used for the establishment of the Multifunctional Complex. Taking into account the Tender of the Tenderer, if the structures of the Stadium are not used for the establishment of the Multifunctional Complex, the Council of Vilnius City Municipal Government will take a separate decision on the demolition (removal) of the structures of the Stadium. In this case, the works of the dissembling, demolition of the structures of the Stadium, removal of construction waste, and all other removal works as well as the receipt of all documents necessary for the performance of the works shall be included in the scope of the Works in accordance with the procedure established in the Contract. A written extract from the Real Property Register administered by the State Enterprise Centre of Registers (VĮ „Registrų centras“) concerning the structures of the Stadium (relevant as of [X] (day) 2016) is attached in Annex 23 to the Tendering Conditions;

18.3. The site, which belongs to Vilnius City Municipal Government in accordance with the right of ownership, but is managed by the private legal entity (AKROPOLIS, UAB) in accordance with the right of usufruct until 9 February 2027. Upon the expiration of usufruct, the Project Company will be able, in accordance with the procedure established in the Contract, to take over the management of the site on the grounds of lease and other grounds established by legal acts, in accordance with the acts applicable at that time, for the activities related to the Services provided in the Multifunctional Complex and the Commercial Activities. A written extract from the Real Property Register administered by the State Enterprise Centre of Registers (VĮ „Registrų centras“) concerning the site (relevant as of [X] (day) 2016) is attached in Annex 23 to the Tendering Conditions.

5.3. ISSUES OF THE OWNERSHIP OF THE MULTIFUNCTIONAL COMPLEX AND THE NEW PROPERTY

19. During the period of validity of the Contract, the Multifunctional Complex will belong to Vilnius City Municipal Government. The Project Company will manage the Facilities and the Additional Immovable Property, in which it will carry out the Commercial Activities, on the grounds of the right of lease or other right permitted by legal acts.

20. During the period of validity of the Contract, the New Property will belong to the Project Company. Upon the expiration or termination of the Contract, the New Property shall be transferred to Vilnius City Municipal Government on the grounds of the right of ownership in accordance with the procedure established in the Contract. The Additional Movable Property shall belong to the Project Company on the grounds of the right of ownership.

21. The Municipality will transfer the Facilities of the Multifunctional Complex and the Additional Immovable Property, which will be designed and equipped in the Facilities that are not leased to the Project Company and which the Project Company will use for the carrying-out of the Commercial Activities in accordance with the Contract, to the Project Company on the grounds of lease or other

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grounds established by legal acts otherwise. The period of the contracts for the lease of the Additional Immovable Property or other contracts permitted by legal acts may not be longer than the period of the Contract. The Council of Vilnius City Municipal Government will release the Project Company from payment of the rental fee. However, if such a fee is established, the Municipality will compensate it in accordance with the procedure established in the Contract. The Project Company will have to ensure that the Facilities, in which the Project Company will carry out the Commercial Activities (accept for the Additional Immovable Property), at the time, on the terms, and in accordance with the procedure established by the Contract, are accessible to the Municipality or the entities specified by the Municipality. The lease contracts concerning the Objects and the Additional Immovable Property shall be concluded in accordance with Decision No 1-2167 of the Council of Vilnius City Municipal Government dated 10 December 2014 “Regarding the lease and use of property possessed by Vilnius City Municipal Government in accordance with the right of ownership” (in the version effective as of the time of the conclusion of the Contract) and the standard lease contract forms approved by the legal act, which will be effective at the time of the conclusion of the lease contracts.

5.4. SUMMARY OF RISK SHARING AMONG THE AWARDING AUTHORITIES AND THE PROJECT COMPANY

22. The type of risk attributed to each party to the Contract is specified in the matrix of risk sharing among the parties attached to the Contract (Annex 5 to the Contract). The general principle, on the basis whereof the risks are shared: the risk shall be attributed to the party which is capable of managing that risk in the best manner and at lowest costs. The major portion of the risk arising under the Contract shall be attributed to the Concessionaire and the Project Company. The Concessionaire and the Project Company shall assume, inter alia, the risk of the and accessibility of design, construction works, and services quality and accessibility. The detailed risk sharing between the parties may be updated during the Tendering Procedure with regard to which party will be able to manage that risk at the lowest cost, however, without prejudice of the requirement of Article 2( 1) of the Law on Concessions for the Concessionaire and the Project Company to undertake under the Contract the entire or a major part of the risk associated with the activities transferred to the Project Company as well as respective rights and obligations.

5.5. FUNDS AND METHODS OF FUNDING THE IMPLEMENTATION OF THE PROJECT

23. The Project shall be implemented in accordance with the following procedure and terms:

23.1. The expenses of the establishment of the Multifunctional Complex shall be covered from the funds of European Union structural support funds, funds of the budget of the state and the Municipality, and from own or borrowed funds of the Concessionaire and/or the Project Company.

23.2. The provision of the Services will be partially funded from the funds of the Awarding Authorities in accordance with the procedure established in the Contract. The remaining part of the funding of the provision of the Services will have to be funded from own or borrowed funds of the Concessionaire and/or the Project Company or with the use of funds other than those of the Awarding Authorities.

5.6. STRUCTURE OF PAYMENTS FOR THE IMPLEMENTATION OF THE PROJECT

24. The structure of payments for the implementation of the Project is specified in detail in Chapter IX of the Contract and in Annex 4 to the Contract.

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5.7. TENDERING CONDITIONS OF THE EXECUTION OF THE WORKS AND REQUIREMENTS FOR THE WORKS

25. The envisaged duration of investment in the Multifunctional Complex is three years, within which it is necessary to establish the Multifunctional Complex and to prepare for the proper provision of the Services and carrying-out of the Commercial Activities.

5.8. TIMING OF, REQUIREMENTS FOR, AND METHODS OF THE PROVISION OF THE SERVICES

26. The Services shall be provided upon the completion of the Works and establishment of the Multifunctional Complex. The envisaged maximum total term of the carrying-out of the Works and provision of the Services may not exceed 25 years. The requirements for and methods of the provision of the Services are described in the Specification.

5.9. POSSIBILITIES OF THE ENGAGEMENT AND REPLACEMENT OF SUB-CONTRACTORS

27. The Project Company shall not be limited in the engagement of Sub-contractors. When submitting the application and the Tender, the Tenderer must make public the Sub-contractors in accordance with the procedure established in the Tendering Conditions.

28. During the execution of the Contract, the Sub-contractors may be replaced or engaged in accordance with the procedure established in the Contract.

5.10. INSURANCES REQUIRED

29. A comprehensive list of insurance contracts, which must be concluded before the entrance of the Contract to the full extent, is provided in Annex 7 to the Contract.

5.11. MINIMUM REQUIREMENTS FOR THE SUPERVISION AND MONITORING OF THE IMPLEMENTATION OF THE PROJECT

30. The requirements for the supervision and monitoring of the Multifunctional Complex are provided in the Specification. Before the submission of the Detailed Tenders, the Specifications may be specified in order to ensure that they they meet the needs of the parties to the Contract, primarily the Awarding Authorities, in the best manner.

5.12. PRINCIPLES OF THE RESPONSIBILITY OF THE PARTIES TO THE CONTRACT

31. The principles of the responsibility of the parties to the Contract are described in detail in Chapter XVII of the Contract.

5.13. SECURITY OF THE CLAIMS OF THE PARTIES TO THE CONTRACT AND THIRD PARTIES

32. In implementing the Project, the Concessionaire and/or the Project Company, in order to secure the claims of the parties to the Contract and third parties have the right to use the measures specified below. The terms and procedure of the use of these measures are described in the Contract. In case of justified necessity, the list of such measures may be supplemented upon the approval of the Awarding Authorities:

32.1. Assignment of the rights of claim to the Annual Remuneration;

32.2. Pledge of the licenses of the Project Company.

33. In implementing the Project, the claims of the Awarding Authorities will be secured by the measures specified below. The terms and procedure of the use of these measures are described in the Tendering Conditions and the Contract:

33.1. The security of the Tender;

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33.2. The suretyship by the Concessionaire;

33.3. The joint and several liability of the entities to whose capacities the Tenderer refers in order to comply with the requirements of preliminary selection (Paragraphs 3.1, 3.2, and 3.3 of Annex Error: Reference source not found to the Tendering Conditions);

33.4. The performance security furnished in accordance with the requirements of the Contract.

5.14. RETURN OF THE MULTIFUNCTIONAL COMPLEX AND THE NEW PROPERTY UPON EXPIRATION OF THE CONTRACT

34. Upon the expiration or premature termination of the Contract, the Facilities of the Multifunctional Complex, the Additional Immovable Property, as well as the New Property transferred to the Project Company on the grounds of lease or other grounds provided for in legal acts will have to be returned (transferred) to the Municipality in accordance with the procedure established in the Contract, with the Project Company reserving no rights to them. The Facilities of the Multifunctional Complex, the Additional Immovable Property, and the New Property being returned (transferred) must comply with the quantitative and qualitative requirements and indicators established in the Specifications and the Tender, taking into account the normal wear and tear.

5.15. IMPLEMENTATION INDICATORS

35. The target physical indicators of the implementation of the activities are described in the Specification.

II. GENERAL PROVISIONS

1. AWARDING AUTHORITIES

36. The Project is being implemented by Vilnius City Municipal Government Administration, code: 188710061, address: Konstitucijos pr. 3, LT-09601 Vilnius, and the Department of Physical Education and Sports under the Government of the Republic of Lithuania, legal entity code: 188620621, Žemaitės g. 6, LT-03117 Vilnius.

36.1. Vilnius City Municipal Government Administration is the executing authority of Vilnius City Municipal Government. One of its main functions is to ensure that public services, inter alia the services of the organisation of pre-school education, non-formal education of children and adults, organisation of occupation of children and youth are constantly available for use by the whole population of the Municipality. Paragraphs 1 and 5 of Article 8 of the Law on Local Self-Government specifies one of the functions of a municipality: “A municipality shall be responsible for rendering public services to residents. <...> A municipality must ensure that all residents of a municipality could make use of public services and that such services would be rendered constantly.” In accordance with the provisions of the Law on Local Self-Government, the organisation of pre-school education, non-formal education of children and adults, organisation of occupation of children and youth (Subparagraph 5 of Article 6); cultivation of general culture and fostering of ethnoculture of the population (participation in culture development projects, establishment, reorganisation, transformation, liquidation of museums, theatres, culture centres and other cultural institutions as well as supervision of their activities, establishment, reorganisation, transformation of public municipal libraries as well as supervision of their activities) (Subparagraph 13 of Article 6); planning and implementation of health promotion measures; support of health care of the municipal population (Subparagraph 13 of Article 18); development of physical training and sports, organisation of recreation of the population (Subparagraph 29 of Article 6); creation of conditions for the development of business and tourism, and promotion of such activities (Subparagraph 38 of Article 6) are assigned to the independent competence of local self-

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government. Vilnius City Municipal Government Administration implements the Project in accordance with the rights granted to it by Subparagraphs 5 and 7 of Paragraph 8 of Article 29 of the Law on Local Self-Government, Paragraph 7 of Article 2 and Subparagraph 14 of Paragraph 2 of Article 3 of the Law on Concessions, and Decision No 1-326 of the Council of Vilnius City Municipal Government dated 3 February 2016 “On the appropriateness of implementing the project ‘Multifunctional Health, Education, Culture and Business Support Complex’ by means of concession” (in its current version).

36.2. The DPES is a state budgetary institution, which receives appropriations from the state budget of the Republic of Lithuania for the performance of its activities. The objectives of the activities of the DPES is to implement, together with other interested institutions and establishments of the state and municipalities as well as non-governmental organisations, the physical education and sports policy, healthy lifestyle programmes, to encourage the Lithuanian population to regularly play sports, to ensure that they are healthy and able-bodied, rest in a civilised manner, to create conditions for sports organisations to train highly-skilled athletes who would represent the Republic of Lithuania in international competitions, to create conditions for institutions and establishments of the state and municipalities as well as non-governmental organisations to promote physical culture and sports. The DPES implements the Project in accordance with the rights granted to it by Paragraph 7 of Article 2 and Subparagraph 14 of Paragraph 2 of Article 3 of the Law on Concessions, and Resolution No 1269 of the Government of the Republic of Lithuania dated 9 December 2015 “On the implementation of the of the public–private partnership project ‘Multifunctional Health, Education, Culture and Business Support Complex”.

37. The contact persons of the Awarding Authorities for information on the Tendering Conditions and Procedures:

37.1. Giedrius Krasauskas, head of the Public Procurement Division of Vilnius Municipal Government Administration, tel. (8 5) 219 7935, e-mail: [email protected].

37.2. Kornelija Tiesnesytė, head of the Legal and General Affairs Division of the Department of Physical Education and Sports under the Government of the Republic of Lithuania, tel. (8 5) 213 5863, e-mail: [email protected].

2. REQUIREMENTS FOR THE IMPLEMENTATION OF THE PROJECT

38. The Awarding Authorities seek to select the Concessionaire. The Concessionaire and the Project Company established thereby, which will become a party to the Contract and will carry out the activities established therein, will implement the Project. For this purpose, the Contract will be concluded with the selected Concessionaire and the Project Company.

39. The Awarding Authorities seek that the Project:

39.1. Is implemented effectively, with high quality, in compliance with all requirements of legal acts, on the basis of best business practice;

39.2. Ensures the achievement of its goals – to enhance the attractiveness of the location for the performance of business and commercial activities, to ensure the supply of the Services and Public Services meeting the needs to the population, and to encourage the socialisation of the population and strengthen the local community.

40. The detailed description of the Project and requirements for its implementation are provided in the Specification. The Commission will allow a Tenderer invited to submit a Preliminary Tender and signed the Confidentiality Commitment to familiarise himself with the documents related to the Project (the Investment Project, the Land Plot Lay-outs, with the contracts related to the Project, and other documents available to the Awarding Authorities). However, the Awarding Authorities do not guarantee and do not undertake otherwise that all these provided documents are accurate, correct and/or sufficiently comprehensive in order to evaluate the entire risk and circumstances related to the

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implementation of the Project and to take decisions related to the submission of the applications or Tenders. The Tenderers themselves shall be responsible for the collection of all comprehensive and sufficient information.

41. The Project shall not be divided into parts and will have to be implemented to the full extent. The Commission will reject any Tenders in respect of a separate part of the Project.

42. The maximum time limit for the implementation of the Project shall be up to 25 (twenty-five) years from the day of the signing of the Contract. The implementation of the Contract shall consist of the following stages:

42.1. The performance of the Works: up to 3 (three) years;

42.2. The provision of the Services: together with the stage of the Works, not more than 25 (twenty-five) years.

43. The detailed requirements for the implementation of the stages of the Contract will be established in the Contract, taking into account the Tenders of the Tenderers regarding the implementation of the Project and the results of the negotiations.

3. ESSENTIAL TERMS OF THE PROVISION OF THE CONCESSION

44. The following terms of the provision of the Concession shall be essential and may not be changed during the implementation of the Project:

44.1. Of the right of ownership of the state and Vilnius City Municipal Government to the Multifunctional Complex and/or the Land Plots;

44.2. Of the total duration of the Contract exceeding 25 (twenty-five) years, i.e. The time limit for the establishment of the Multifunctional Complex may be changed but the total duration of the performance of the Works and provision of the Services may not exceed 25 years. The period of the Contract may be shortened;

44.3. The permit to carry out economic activities related to the design, construction, operation, and maintenance at the following newly established Facilities and the area of the Multifunctional Complex:

44.3.1. The arrangement of the abandoned territory in the Land Plots, the construction of common-use engineering networks and equipping of common spaces and their common-use infrastructure;

44.3.2. The establishment of a kindergarten, i.e. a kindergarten building for at least 300 children and all engineering infrastructure necessary to provide pre-school education services (e.g. sheds, playgrounds, hiking trails, plantations, etc.);

44.3.3. The establishment of the infrastructure of a cultural education centre and library, i.e. with an area of up to 1600 (one thousand and six hundred) sq. m;

44.4. The permit to carry out economic and business activities related to the design, construction, management and use, operation, and maintenance at the following newly established Facilities of the Multifunctional Complex:

44.4.1. The establishment of public cultural and sports events infrastructure, i.e. establishment of a stadium with at least 15 000 (fifteen thousand) fixed seats (meeting UEFA Category 4 requirements) together with all the necessary infrastructure and the establishment of the premises of the Sports Museum with an area of not more than 1500 sq. m;

44.4.2. The establishment of sports infrastructure facilities intended for non-formal education activities (artistic gymnastics, boxing, wrestling, and physical fitness rooms, at least three football fields, one track-and-field stadium, four multi-purpose sports halls (three basketball and one handball halls), and

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administrative premises). If during the Tendering Procedure it turns out from the received Tenders of the Tenderers that it is impossible to implement the Project to the full extent without increasing payments of the Awarding Authorities to the Project Company, the scope of the sports infrastructure facilities intended for the Non-formal Education Activities may be changed by a decision of the Awarding Authorities if, at the evaluation of the Awarding Authorities, the change of the scope ensures the implementation of the objectives of the Project as these objectives are understood by the Awarding Authorities.

4. INFORMATION ON THE SELECTION OF THE CONCESSIONAIRE

45. The Concessionaire shall be selected, and Concession shall be granted to the Concessionaire and the Project Company established by the Concessionaire by means of a public Tendering Procedure. This method is regulated by Chapter III of the Law on Concessions. This method was selected taking into account the complexity and importance of the Project.

46. An announcement on this Tendering Procedure was published in Informaciniai pranešimai (Information Notices) and in the Official Journal of the European Union. The terms of the Tendering Procedure are published in the CVP IS, at the address https://pirkimai.eviesiejipirkimai.lt/.

47. The Tendering Conditions can also be found at the websites of the Awarding Authorities at http://www.vilnius.lt/index.php?2195032161 and www.kksd.lt, as well as at http://www.ppplietuva.lt/daugiafunkcis-kompleksas/.

48. The Tendering Procedure is carried out by the Commission formed by a joint decision of the heads of the Awarding Authorities. It shall consist of six members, who have signed confidentiality commitments and declarations of impartiality. All meetings of the Commission shall be put on records. In order to consult the Commission on issues that will require special knowledge or to evaluate such, the Awarding Authorities or the Commission have the right to invite experts in the legal, technical, and financial fields. The experts shall take part in the work of the Commission only upon signing confidentiality commitments and declarations of impartiality.

49. The Tendering Procedure shall be guided by the principles of equality, non-discrimination, mutual recognition, transparency, proportionality, and rational use of funds, the Law on Concessions, the Civil Code of the Republic of Lithuania, as well as other legal acts related to the grant of concession and these Tendering Conditions.

50. All Tenderers shall be subject to the same requirements, equal opportunities and, to the extent possible taking into account the confidentiality of the information provided by Tenderers, shall be provided with the same information.

51. The Awarding Authorities may modify the Tendering Conditions and have the right to cancel the Tendering Procedure in accordance with the procedure and on the conditions established in the Law on or the Concessions.

52. The Commission shall inform of the modification of the Tendering Conditions and/or extension of the established time limits in the same method as the Tendering Conditions were announced.

53. Any information, modifications of the Tendering Conditions, notices and/or other correspondence of the Commission and economic entities concerned shall be performed only by the correspondence means of CVP IS.

5. EXPLANATION AND SPECIFICATION OF THE TENDERING CONDITIONS

54. If any issues arise in respect of this Tendering Procedure or its Tendering Conditions or if their explanation or specification is required, the entities concerned, in accordance with the procedure established in Annex 3 to the Tendering Conditions, may submit Requests by the correspondence means of CVP IS. Replies to the Requests will be provided in accordance with the procedure

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specified in Annex 3 to the Tendering Conditions and will be considered as an integral part of the Tendering Conditions. The Awarding Authorities will provide the reply to the Request to all the Tenderers at the same time, ensuring the protection of confidential information and without disclosing any information on the entity who submitted the Request.

55. At the request of the Tenderers who will be invited to submit the Preliminary Tenders, upon coordinating the time and the number of authorised persons of the Tenderers, as well as upon the signing of the confidentiality commitment by the Tenderer and the persons of the Tenderer authorised for familiarisation with the information provided in Annex 15 to the Tendering Conditions, will be granted the possibility to familiarise themselves with the additional documents and data in the premises of the Municipality (“the Data Storage”). It is planned that the Tenderers, in accordance with the procedure established in this paragraph, will be granted the possibility to familiarise themselves with additional information and data which, due to their scope and/or confidentiality, are not made public, including but not limited to the documents related to the existing stadium building (Unique No 1300-2038-7016, Ozo g. 27, Vilnius). The Tenderer wishing to familiarise himself with information available in the Data Storage must submit the Request by the correspondence means of CVP IS not later than 3 (three) Business Days before the requested day.

56. The Awarding Authorities, adhering to the time limits established in Annex 3 to the Tendering Conditions, may also provide explanations or specifications of the Tendering Procedure and its Tendering Conditions on their own initiative.

57. For the explanation of the Tendering Conditions, including the examination of the site of the implementation of the Project, the Awarding Authorities may arrange meetings with each Tenderer separately or together with all the Tenderers. Each Tenderer will be informed of their time and date separately by the correspondence means of CVP IS. The issues to be discussed at the meetings shall be presented in advance in the manner established in Paragraph 54 of the Tendering Conditions. The minutes of each meeting will be provided to all the Tenderers, without disclosing, however, the identity of the Tenderer who took part in the meeting and ensuring the protection of confidential information, except for those cases when meetings with all the Tenderers are arranged.

6. PROCEDURE FOR THE DEFENCE OF INFRINGED RIGHTS

58. The Tenderer who considers that the actions or decisions of the Commission infringe his rights and/or lawful interests has the right to exercise the remedies specified in Annex 14 to the Tendering Conditions.

III. CARRYING-OUT OF THE TENDERING PROCEDURE

1. PROGRESS AND APPROXIMATE SCHEDULE OF THE TENDERING PROCEDURE

59. The Tendering Conditions provide an approximate schedule of the procedures of the Tendering Procedure. The time limits specified in the schedule may change depending on the number of applications and Tenders received, progress of the Tendering Procedure, Requests of the Tenderers received, claims, emergence of the need to specify the Tendering Conditions or their annexes, and the like. The time limits may be extended for the time which is necessary for the Commission to perform required procedures and as much as it is reasonably required for the Tenderers concerned to properly evaluate the information provided by the Commission.

60. The extension of the time limits for the submission of applications or Tenders will be communicated to all the Tenderers concerned and (except for the case of the Final Tenders) will be published in Informaciniai pranešimai (Information Notices), in the Official Journal of the European Union, and by the correspondence means of CVP IS. Where required, the information provided on the Tendering Procedure in the announcement will also be specified.

61. After the announcement of the Tendering Conditions, the Commission may organise an Information day, to which all economic entities interested in participation in the Tendering Procedure will be invited. Information on a meeting to be organised will be announced in CVP IS, www.vilnius.lt, and

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www.kksd.lt. The interested economic entities have the right to provide, by the correspondence means of CVP IS, questions on the execution of the Tendering Procedure, the Tendering Conditions and the Project to the Commission in advance.

62. The Commission will communicate the other dates and time limits of separate actions to the Tenderers concerned separately.

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The deadline for the submission of the Preliminary Tender

The announcement of the conclusion of the Contract

The completion of the negotiations, submission and evaluation of the Final Tender, and conclusion of the Contract

The evaluation of the Detailed Tenders, communication of the evaluation results and the Tenderer(s) to be invited for

negotiations

The deadline for the submission of the Detailed Tender

The deadline for the submission of Requests regarding the Tendering Procedure

The evaluation of the Preliminary Tenders, communication of the evaluation results to the Tenderers, and invitation for the

Detailed Tenders

The time limit shall be specified in the invitation for the Preliminary Tenders. It is planned to be of at least 90 (ninety)

days

Within 3 business days from the day of the signing of the Contract

It is planned to be within 40 (forty) days from the coordination of the documents with the responsible institutions

The commencement date will be specified in the invitation for negotiations. It will be sought that the negotiations last for not

more than 90 (ninety) days

It is planned to be within 20 (twenty) days from the receipt of the Detailed Tenders and their explanation

The time limit will be specified in the invitation for the Detailed Tenders. It is planned to be of at least 60 (sixty) days

8 (eight) days before the date of the submission of the Detailed Tenders

Within 25 (twenty-five) days from the receipt of the Preliminary Tenders, their explanations or specifications

Notice of the results of the preliminary selection, invitation for the Preliminary Tenders, and grant of access to the Data

Storage

Not later than within 3 (three) Business Days from the performance of the preliminary selection

Performance of the preliminary selection Planned as 30 (thirty) days after the receipt of the applications

The deadline for the submission of the application 7 October 2016

The deadline for the Tenderers to submit the Requests for the preliminary selection and for applications

at least 6 (six) days before the time limit for the submission of the applications

Announcement of the Tendering Conditions and acceptance of applications

From 7 September 2016 to 7 October 2016

The deadline for the submission of Requests regarding the Preliminary Tenders

8 (eight) days before the date of the submission of the Preliminary Tenders

Main stages of the Tendering Procedure Period or date

Negotiations

The presentation of the Preliminary Tenders to the Commission Within 14 (fourteen) days from the receipt of the Preliminary

Tenders

Coordination of the documents with the Ministry of Finance and the Municipal Controller and the Council of the

Municipality

Before the end of the negotiations

2. PRELIMINARY SELECTION

2.1. ENTITIES ENTITLED TO SUBMIT AN APPLICATION

63. An application for participation in the Tendering Procedure may be submitted by an independent economic entity or a group of economic entities who are able to be a Tenderer and comply with the preliminary selection criteria specified in Annex No Error: Reference source not found to the Tendering Conditions.

64. A Tenderer may submit only one application either individually or as a member of a group of economic entities. Besides, a Tenderer submitting an application may not be a sub-contractor of another Tenderer submitting an application, to whose qualification that Tenderer refers in order to comply with the preliminary selection criteria established in the Tendering Conditions. If a Tenderer (a member of a group of economic entities) participates in the submission of more than one application, or is a sub-contractor of another Tenderer submitting an application or another economic entity, to whose qualification that Tenderer refers in order to comply with the established preliminary selection criteria, all such applications will be rejected.

65. If a group of economic entities intends to participate in the Tendering Procedure:

65.1. In the application being submitted, it is necessary to indicate the leading member and the contact person of the leading member. This person should be granted powers to perform, on behalf of the group of economic entities, all actions necessary during the procedures of the Tendering Procedure;

65.2. Together with the application, it is necessary to submit the joint activity agreement, which should clearly specify the obligations in implementing the Project assigned to each member of the group of economic entities. The Contract must provide for joint and several liability of all parties to the joint activity agreement for the improper execution of obligations to the Awarding Authority or under the Contract;

65.3. The entities forming the group of economic entities will not be entitled to submit an application or to participate in the Tendering Procedure independently or with any other persons, or to be sub-contractors of another member, to whose capacities the Tenderer refers in substantiating his compliance with the preliminary selection criteria. If this requirement is not complied with, the Commission will reject all such applications and/or the Preliminary Tender, the Detailed Tender, and the Final Tender submitted by the Tenderer.

2.2. CONTENTS OF THE APPLICATION

66. Economic entities complying with the preliminary selection criteria shall provide applications to the Commission in accordance with the form provided in Annex 6 to the Tendering Conditions, while attaching it with all evidence substantiating their compliance with the preliminary selection criteria. The reference list of the documents to be submitted together with the application and the requirements for the application are provided in Annex Error: Reference source not found to the Tendering Conditions.

67. The preliminary selection criteria are specified in Annex Error: Reference source not found to the Tendering Conditions. Compliance with the preliminary selection criteria can also be substantiated by the respective capacities of the economic entities (sub-contractors) to be engaged for the execution of the Contract or other economic entities; however, these economic entities must comply with the requirements established for them in Annex Error: Reference source not found to the Tendering Conditions.

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2.3. DEADLINE FOR THE SUBMISSION OF THE APPLICATIONS

68. The application, together with the documents to be attached, must be submitted by 13:00 hrs, 7 October 2016. After the established deadline, the submission of applications will no longer be allowed, and no applications will be accepted or evaluated.

3. PERFORMANCE OF THE PRELIMINARY SELECTION

69. Upon the receipt of the applications, the Commission, on the basis of the preliminary selection criteria established in Annex Error: Reference source not found to the Tendering Conditions and in accordance with the procedure established in Annex Error: Reference source not found to the Tendering Conditions and other provisions of the Tendering Conditions, will perform the preliminary selection and establish which Tenderers comply with the selection criteria.

70. The Tenderers shall be obliged to provide all the documents substantiating compliance with the preliminary selection criteria and ensure the validity of the provided information. The Tenderers must submit the documents in compliance with the document forms provided in the Tendering Conditions (where such are provided).

71. The Commission will inform each Tenderer of the results of the preliminary selection in Informaciniai pranešimai (Information Notices) and CVP IS, by announcing an alphabetic list of those Tenderers who are invited to submit their Preliminary Tenders. The Commission will provide the Tenderers, who comply with the preliminary selection criteria, with invitations for Preliminary Tenders and will grant those Tenderers, who have signed a confidentiality commitment provided in Annex 15, access to the Data Storage. The procedure of the use of the Data Storage will be specified by the Commission in the invitation.

72. In case when only one Tenderer complies with the preliminary selection criteria, the Commission has the right to immediately invite that Tenderer to submit the Detailed Tender.

73. If less than three Tenderers comply with the preliminary selection criteria, the Commission has the right to revoke the Tendering Procedure as it is provided for in Paragraph 51 of the Tendering Conditions.

4. SUBMISSION OF THE PRELIMINARY TENDER

4.1. CONTENTS OF THE PRELIMINARY TENDER

74. The Tenderers who have been invited for participation in further procedures of the Tendering Procedure and provided their Preliminary Tenders will have to submit them in accordance with the form presented in Annex 11 to the Tendering Conditions. Together with the Preliminary Tender, the Tenderer must submit the following:

74.1. In accordance with the form presented in Annex 17 to the Tendering Conditions, the List of the Affiliated Companies, which must be updated immediately if the indicated Affiliated Companies change;

74.2. The preliminary Financial Business Model drawn up in accordance with the form presented in Annex 16 to the Tendering Conditions;

74.3. Other documents required by the Tendering Conditions.

75. The detailed requirements for the submission of the Preliminary Tender are specified in Annex Error: Reference source not found to the Tendering Conditions.

76. The Preliminary Tender shall indicate the following:

76.1. The solution meeting the requirements of Paragraphs 82 and 83 of the Tendering Conditions;

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76.2. The comments on the Tendering Conditions and reservations in respect the Tendering Conditions specified in the Contract (including all annexes thereto, in particular, the Specification and the Procedure of Settlements and Payments presented in Annex 4 to the Contract);

76.3. The preliminary Annual Remuneration;

76.4. The preliminary Financial Business Model.

77. In the Preliminary Tender, a Tenderer may offer only one Solution. The Tenderers shall not be allowed to submit any alternative Preliminary Tenders. In case of submitting alternative Preliminary Tenders, all the Detailed Tenders of the Tenderer will be rejected.

78. The Annual Remuneration must be expressed in a periodic payment in accordance with the form established in Annex 11 to the Tendering Conditions. The proposed Annual Remuneration must include all expenses and all taxes and charges payable in accordance with the laws of the Republic of Lithuania effective or known as due to come into effect at the time of the submission of the Preliminary Tender as well as the expenses of the public events planned to be organised at the Public Cultural and Sports Events Infrastructure for the needs of state institutions.

79. The Commission will evaluate the proposed Annual Remuneration in terms of the euro. Therefore, if the Annual Remuneration is indicated in a foreign currency, the Commission will recalculate it in euros in accordance with the relation of the euro and that foreign currency established and announced by the European Central Bank as of the final day of the time limit for the submission of the tender.

80. The Preliminary Tender may specify which information provided therein is confidential. The Commission has the right to require substantiation of the confidentiality of such information, and if the Tenderer fails to substantiate the confidentiality of the information within the established time limit, the Commission has the right to consider such information as non-confidential.

81. The Commission shall reserve the right to disclose the confidential information indicated in the tender to the invited experts, heads of the Awarding Authorities and institutions/establishments that delegated the Commission members/experts and persons authorised by such heads, working group/commission members supervising the activities of the Commission as well as in the cases established by laws and upon the respective requirement of authorised control and law enforcement institutions (entities) (including the Control and Audit Service of Vilnius City Municipal Government). In such cases, the Tenderer will not be able to hold liable the Commission or the Awarding Authorities for the unlawful and unjustified disclosure of confidential information.

4.2. SOLUTION

82. The Solution being submitted together with the Preliminary Tender must include the following information:

82.1. The urban and architectural solution of the Multifunctional Complex, which must cover information at least on the following:

82.1.1. The Land Plots built-up (development) scheme and principles, proposals on the optimal use, management, and terrain formation (raising, lowering, levelling, and similar proposals) of the Land Plots, and common-use engineering networks laying plan;

82.1.2. Proposals on the organisation of external traffic and solution of the equipping of parking lots in and outside the Land Plots;

82.1.3. The architectural association of the Multifunctional Complex with the established historical, cultural heritage, landscaping, and existing built-up urban environment;

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82.1.4. The approximate dimensions and shapes of the Multifunctional Complex, its hight characteristics (number of floors and their height), materials of the façade finishing and their colour proposals;

82.1.5. The functionality of the proposed architectural solution (interior solutions), multi-functionality and versatility of the internal spaces (layout of the spaces, mutual links between the spaces, their adaptation to the needs of the Awarding Authorities, adaptation to ever-changing needs, and user-friendliness), engineering systems, information and communication systems, and materials and finish.

82.2. The description of how the urban and architectural solution of the Multifunctional Complex implements the requirements specified in the Specification, including but not limited to the following:

82.2.1. The description of the solution of the kindergarten;

82.2.2. The description of the solution of the sports facilities intended for the non-formal educational activities;

82.2.3. The description of the solution of the cultural and educational centre and library;

82.2.4. The description of the solution of the sports museum;

82.2.5. The description of the solution of the infrastructure for organising public cultural and sports events.

82.3. The description of the compliance of the Multifunctional Complex with the functional and technical specifications set out in the Specification, which are applicable to the separate Facilities of the Multifunctional Complex;

82.4. The description of the functionality of the Multifunctional Complex, including but not limited to the following:

82.4.1. The scheme – principles of the built-up (development) of the land plots;

82.4.2. The planning – spatial solutions of the Multifunctional Complex;

82.4.3. Proposals on the organisation of motor and pedestrian traffic, parking and garaging in and outside the Land Plots;

82.4.4. The functionality of the proposed urban and architectural solution;

82.5. The description of how the Solution complies with the requirements of the legal acts implementing Specific Task 7.1.1 “To enhance the diversity of economic activities and to improve conditions for the attraction of investments with the purpose of establishing new jobs in the target territories (cities)” of Priority 7 of 2014–2020 European Union Funds Investment Action Programme (with amendments) dated 8 September 2014 for receiving funding for the implementation of the Project;

82.6. The description of the provision of the Services in accordance with the requirements of the Specifications, including but not limited to the following:

82.6.1. The description of the scope of the Services and detailed description of the organisation and provision management;

82.6.2. The description of the activity and organisation of the help centre;

82.6.3. Other information proving the compliance of the Services with the requirements of the Specifications;

82.7. The Business Plan describing how the Project Company intends to carry out the Commercial Activities;

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82.8. The relations and responsibility sharing among the Concessionaire, the Project Company, and other economic entities related to the implementation of the Project;

82.9. Other information necessary for the evaluation of the Preliminary Tender;

82.10. Other information describing the essence of the Solution of the Tenderer which, in the opinion of the Tenderer, is important.

83. The proposed Solution must be harmonised with its Financial Business Model, assumptions used and cash flows specified therein.

4.3. VALIDITY PERIOD OF THE PRELIMINARY TENDER

84. The Preliminary Tender shall specify its validity period, which must be not shorter than 120 (one hundred and twenty) days from the deadline for the submission of the Preliminary Tenders. The Commission may request the Tenderers to extend the validity of their Preliminary Tenders until a certain specified time; however, the Tenderers will not be obliged to do so. In this case it shall be considered that the Tenderer abandons the Preliminary Tender and withdraws from the Tendering Procedure. In this case, the Commission shall not evaluate the Preliminary Tender of the Tenderer.

4.4. TIME LIMIT FOR THE SUBMISSION OF THE PRELIMINARY TENDER

85. The Preliminary Tender will have to be submitted within the time limit specified in the invitation for Preliminary Tenders, in compliance with the requirements specified in Annex Error: Referencesource not found to the Tendering Conditions. Before the specified deadline, the Tenderers have the right to amend and/or withdraw their Preliminary Tenders. One Tenderer shall be entitled to submit only one Preliminary Tender (however, has the right two Solutions as established in Paragraph 77 of the Tendering Conditions). If the Tenderer (or its member where the Tenderer is a group of economic entities) submits or participates in the submission of more than one Preliminary Tender, the Commission will reject all such Tenders.

4.5. PRESENTATION OF THE PRELIMINARY TENDER TO THE COMMISSION

86. Each Candidate will be obliged to present his Preliminary Tender to the Commission separately at the time and in the place specified in the invitation for the presentation of the Preliminary Tender from the Commission. The Commission will invite each Tenderer separately to explain and discuss the Preliminary Tenders. The Commission may propose to update the Preliminary Tenders within a reasonable period of time; however, such a proposal shall not be obligatory for the Tenderers.

87. The Tenderer shall present in the Preliminary Tender the specified Solution: the preliminary technical and financial Solutions, proposals and comments on the technical and financial conditions of the Project and requirements for their implementation.

4.6. EVALUATION OF THE PRELIMINARY TENDER

88. The Commission, in accordance with the evaluation procedure specified in Annex Error: Referencesource not found to the Tendering Conditions, will perform the evaluation of the compliance of the Preliminary Tenders with the requirements of the Tendering Conditions.

89. The alphabetic list of the Tenderers whose Preliminary Tenders will comply with the requirements of the Tendering Conditions will be announced in Informaciniai pranešimai (Information Notices) as well as to the Tenderers through CVP IS. The Tenderers will also be informed of the results of the evaluation of the Preliminary Tenders by the e-mail addresses indicated in their Preliminary Tenders. The Tenderers whose Preliminary Tenders will be evaluated positively, together with the notice of the results of the evaluation of the Preliminary Tenders, will also receive an invitation for Preliminary Tenders.

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90. In case when only one Preliminary Tender is evaluated positively and the Tenderer who submitted the Preliminary Tender agrees to consider it as the Detailed Tender, the Commission has the right to invite such a Tenderer for negotiations immediately. In this case, the Tenderer, within the time limit specified in the invitation for negotiations, must submit the performance security of the Tender in accordance with the procedure established in Paragraphs 97 – 98 of the Tendering Conditions.

91. After the evaluation of the Preliminary Tenders, but not later than before the invitation for Detailed Tenders, the Awarding Authorities, taking into account the Tenders of the Tenderers, may update the Specification and the draft Contract (including all annexes thereto) and the Tendering Conditions in accordance with the procedure established by the Law on Concessions. In this case, the updated documents shall be provided to all the Tenderers invited to submit their Detailed Tenders, together with invitations for Detailed Tenders.

5. SUBMISSION OF THE DETAILED TENDER

5.1. CONTENTS OF THE DETAILED TENDER

92. The Tenderers who have been invited to submit Preliminary Tenders will have to submit them in accordance with the form presented in Annex 11 to the Tendering Conditions. The requirements for the submission of the Detailed Tender are specified in Annex Error: Reference source not found to the Tendering Conditions.

93. The Detailed Tender must provide all information necessary for the Commission in order to evaluate the Detailed Tender in accordance with the criteria for the evaluation of the Tenders, which are specified in Annex Error: Reference source not found to the Tendering Conditions:

93.1. The solution meeting the requirements of Paragraphs 82 and 83 of the Tendering Conditions;

93.2. Proposals, comments and reservations in respect of the terms and requirements specified in the Contract (including all annexes thereto). The submitted Detailed Tender will have to be valid to the full extent irrespective of such proposals, comments, or reservations, and the Tenderer must be prepared to agree to conclude the Contract on the terms specified in the Detailed Tender irrespective of any proposals, comments, or reservations in respect of the Contract. The Awarding Authorities do not undertake to accept or to take into consideration in any way the proposals, comments, or reservations presented by the Tenderer. However, at the sole discretion of the Awarding Authorities, the proposals, comments, or reservations of the Tenderer (all or a part of them) may form the grounds for the negotiations;

93.3. Annual Remuneration;

93.4. The Financial Business Model, together with the (preliminary) commitments of the funders to allocate funding for the implementation of the Project, if the Tenderer is proposed to conclude the Contract.

94. In the Detailed Tender, a Tenderer may offer only one Solution. This Solution must be prepared on the basis of the Solution presented in the Preliminary Tender, i.e. it must be expanded/specified in accordance with the Specification and other requirements of the Tendering Conditions for the Solution proposed in the Preliminary Tender, without changing its essence. The Tenderers shall not be allowed to submit any alternative Detailed Tenders. In case of submitting alternative Detailed Tenders, all the Detailed Tenders of the Tenderer will be rejected, and the Commission will have the right to use the performance security(ies) of the Tender presented by the Tenderer.

95. The contents of the Detailed Tenders shall also be subject to the requirements established, respectively, in Paragraphs 78 – 81 of the Tendering Conditions.

96. The submitted Detailed Tender must be unconditional and acceptable to the Tenderer without any modifications. The terms proposed in the Detailed Tender in accordance with the evaluation criteria

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specified in Annex Error: Reference source not found to the Tendering Conditions may not be worse than those proposed in the Preliminary Tender. Otherwise, such a Detailed Tender will be rejected.

5.2. TENDER PERFORMANCE SECURITY

97. Together with the Detailed Tender, the Tenderer will have to provide the performance security of the Tender to an amount of 100 000 (one hundred thousand) euro. The performance security of the Tender must comply with the requirements established in the form of Annex 12 to the Tendering Conditions and to be valid for at least 10 (ten) Business Days from the expiration of the Detailed Tender. The performance security of the Tender shall be extended in accordance with the following procedure:

97.1. At least 20 (twenty) days before the expiration of the performance security of the Tender, the Commission or the Awarding Authorities have the right to request the performance security of the Tender for a period equal to the period established in Paragraph 100 of the Tendering Conditions. The Tenderer who agrees to extend the performance security of the Tender shall inform the Commission to that effect in writing, extend the period of the performance security of the Tender, or present a new performance security of the Tender. If the Tenderer fails to reply to the request of the Commission or the Awarding Authorities to extend the performance security of the Tender, to extend the Tender, or to present a new performance security of the Tender, it shall be considered that the Tenderer has rejected the request to extend the validity of his Tender and withdrawn his Detailed Tender and the Final Tender if the latter were submitted during the period of validity of the Tender.

97.2. If the period of validity of the performance security of the Tender expires after the Commission takes a decision to propose the Tenderer to conclude the Contract, then the Commission and the Awarding Authorities, at least 20 calendar days before the expiration of the performance security of the Tender, have the right to request the extension of the performance security of the Tender for a specific period established by the Commission or the Awarding Authorities. If the Tenderer fails to reply to the request of the Commission or the Awarding Authorities to extend the performance security of the Tender, fails to extend the Tender, or fails to present a new performance security of the Tender, the Commission or the Awarding Authorities have the right to use the performance security of the Tender.

98. The Commission or the Awarding Authorities shall immediately, but not later than within 10 (ten) Business Days, return the performance security of the Tender when:

98.1. The Tender ceases to be in force if, upon the request of the Commission or the Awarding Authorities, the Tenderer refuses to extend the validity period of the Tender (except for the case specified in Paragraph 97.2 of the Tendering Conditions);

98.2. The Contract is concluded and enters into force to the full extent;

98.3. The Commission terminates the Tendering Procedure; or

98.4. All the Tenders of the Tenderers are rejected.

5.3. VALIDITY PERIOD OF THE DETAILED TENDER

99. In the Detailed Tender, a Tenderer must specify its validity period. The validity period of the Detailed Tender must be not shorter than 280 (two hundred and eighty) days from the deadline for the submission of the Detailed Tenders.

100. The Commission may request the Tenderer to extend the validity of the Tender until a certain specified time; however, the Tenderer will not be obliged to do so, and such a request can be rejected without losing the right to the provided performance security of the Tender (except for the case specified in Paragraph 97.2 of the Tendering Conditions). If the Tenderer extends the validity period of his Detailed Tender (or, as the case may be, of the Final Tender), he shall also be obliged to

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extend the performance security of the Tender for a period not shorter than the extension of the Tender, or present a new performance security of the Tender to be valid for the respective period.

5.4. TIME LIMIT FOR THE SUBMISSION OF THE DETAILED TENDER

101. The Tenderer will have to submit the Detailed Tender before the deadline specified in the invitation for Detailed Tenders, in compliance with the requirements specified in Annex Error: Referencesource not found to the Tendering Conditions. Before the specified deadline, the Tenderers have the right to amend and/or withdraw their Detailed Tenders. One Tenderer may submit only one Detailed Tender. If the Tenderer (or its member where the Tenderer is a group of economic entities) submits or participates in the submission of more than one Detailed Tender, the Commission will reject all such Detailed Tenders.

102. The Detailed Tender shall be considered as have been submitted when the last part thereof is submitted, including the performance security of the Tender.

5.5. EVALUATION OF THE DETAILED TENDER

103. Upon the receipt of the Detailed Tenders, the Commission will verify their compliance with the Tendering Conditions in accordance with the procedure established in Annex Error: Referencesource not found to the Tendering Conditions.

104. Having evaluated the compliance of the Detailed Tenders with the Tendering Conditions, not later than within 60 (sixty) days from the day of receipt of the Detailed Tender, the Commission will perform their evaluation according to the criterion of the economically most efficient tender, in accordance with the procedure and criteria established in Annex Error: Reference source not found to the Tendering Conditions. The list of the Tenderers will be drawn up according to the ranking of the assigned evaluations, in the descending procedure of economic efficiency. The Contracting Authorities have the right to extend the period of the evaluation of the Detailed Tenders.

105. The Commission will inform the Tenderers of the results of the performed evaluation of the Detailed Tenders and of the list of the Tenderers drawn up according to the ranking of the assigned evaluations by the correspondence means of CVP IS not later than 5 (five) Business Days from the performance of the evaluation. The List of the Tenderers will also be announced in Informaciniai pranešimai (Information Notices).

106. The Tenderer whose Detailed Tender will be evaluated as the best one, together with the notice of the results of the evaluation of the Detailed Tenders, will also receive an invitation for negotiations. The invitation will specify the time, place, planned progress of the negotiations, issues to be considered, and other information related to the conduct of the negotiations.

107. The Commission has the right also to invite for participating in the negotiations the Tenderer the evaluation of the economic efficiency of whose Detailed Tender is the second in the drawn-up ranking of the Detailed Tenders if the Detailed Tender of that Tenderer is similar to the Detailed Tender of the Tenderer who received the best evaluations. In the sense of this paragraph, the Detailed Tender shall be considered as similar if the evaluation of its economic efficiency (economic efficiency score S) differs from the Detailed Tender that received the best evaluation by not more than 10% (ten percent) or equals to 10% (ten percent). In case when the Detailed Tenders of the Tenderers gain the same number of economic efficiency scores, the Commission has the right, at its discretion, to invite for the negotiations either one or two Tenderers, whose Detailed Tenders were submitted at the earliest time.

108. The Detailed Tender of the Tenderer being invited for the negotiations shall form the basis for the negotiations with the purpose to reaching agreement on the issues specified in the invitation for negotiations.

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6. NEGOTIATIONS

109. At the time specified in the invitation for negotiations, the Tenderer will have to arrive for the negotiations, which will take place at the address and time specified in the invitation. The Commission will request the Tenderer to confirm in writing that he will participate in the negotiations (or in any stage of the negotiations). If the Tenderer is unable to arrive for the negotiations at the established time due to valid reasons, he must inform the Commission to that effect reasonably in advance so that another date of the negotiations could be coordinated. Otherwise, the Commission will consider that the Tenderer has failed to arrive for the negotiations without a valid reason and thus abandoned his Detailed Tender and will have the right to use the provided performance security of the Tender.

110. In the confirmation of participation in the negotiations, the Tenderer may specify the person(s) who will represent the Tenderer and will submit other documents proving the powers of such a person. During the negotiations, the Commission will consider that this representative (these representatives) have the right to conduct the negotiations and to assume obligations on behalf of the Tenderer.

111. The negotiations will be conducted with each Tenderer invited for the negotiations separately, on the basis of the Detailed Tender submitted by that Tenderer.

112. During the Negotiations, the Tenderer and the Commission will be able to discuss and negotiate all the terms and conditions of the Contract and annexes thereto (i.e. the drafts of the Contract and annexes thereto) as well as other terms of the implementation of the Project (including the scope and terms of the carrying-out of the Commercial Activities). Only the following terms may not be changed during the negotiations:

112.1. The essential terms of the provision of the Concession as specified in Section 3 of Chapter II of the Tendering Conditions;

112.2. Other terms specified in the Tendering Conditions or in legal acts (including the legal acts for the implementation of the Project), which are specified as not subject to change.

113. The Commission will seek to complete the negotiations with the Tenderer(s) within not more than 90 days. However, this time limit is a target only and may change depending on the progress of the negotiations.

114. The negotiations will consist of stages, which may include several meetings and at which the Detailed Tender will be discussed with the purpose of its specification, optimisation, and ensuring of the possibly quick implementation of the needs of the Awarding Authorities as well as of achieving a situation when the Tenderer can submit, on the basis of the Detailed Tender and results of the negotiations, a detailed Final Tender prepared for implementation.

115. It is planned that the negotiations will be conducted in the following stages (they or their separate meetings may also be conducted in parallel):

115.1. The first stage, where the technical aspects (terms and solutions) of the Detailed Tender are negotiated. This stage is expected to last for around 30 days. During this stage, the negotiations will be conducted on the following issues:

115.1.1. The Solution as well as engineering and technical solutions;

115.1.2. The provision of the Services to be transferred to the Project Company and the Public Services;

115.1.3. The results of the Project in accordance with the Specification;

115.1.4. Other issues related to the technical aspects of the Detailed Tender.

115.2. The second stage, where the financial aspects (terms and solutions) of the Detailed Tender are negotiated. This stage is expected to last for around 30 days. During this stage, the negotiations will be conducted on the following issues:

115.2.1. The sources of funding and terms of funding;

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115.2.2. The procedure of settlements and payments;

115.2.3. Taxation issues;

115.2.4. The reduction of the Annual Remuneration;

115.2.5. Other issues related to the financial aspects of the Detailed Tender.

115.3. The third stage, where the legal aspects (terms) of the Detailed Tender are negotiated. This stage is expected to last for around 30 days. During this stage, the negotiations will be conducted on the following issues:

115.3.1. Risk sharing among the parties;

115.3.2. The property necessary for the implementation of the Project and the property to be created during the implementation of the Project as well as the conditions of the use and return thereof;

115.3.3. Other provisions of the Contract;

115.3.4. Other issues related to the legal aspects of the Detailed Tender.

116. If required, more stages may be conducted during the negotiations. The number and character of other stages of the negotiations will be established taking into account the remaining issues of the implementation of the Project to be discussed in order to receive detailed and substantiated Final Tenders on the grounds of the Detailed Tender.

117. The Tenderer has the right to propose additional stages of the negotiations and/or additional issues which must be discussed. If such a proposal, in the opinion of the Commission, is substantiated, the negotiations will be supplemented with the proposed stage and/or issue. In this case, the other Tenderers will have the right to indicate that such a stage and/or issue is not relevant to them and to refrain from participating in it.

118. Each stage of the negotiations will be conducted in accordance with the following procedure:

118.1. The negotiations will be conducted separately with each Tenderer in respect of the issues to be discussed at that stage and related to the Detailed Tender submitted by the Tenderer;

118.2. The information provided by the Tenderer during the negotiations will be considered as confidential and may not be disclosed to the other Tenderers, except for the cases established in the Tendering Conditions;

118.3. The information provided to the Tenderer, which may also be important to the other Tenderers, shall be provided to all the interested Tenderers, ensuring, however, that the identity of the relevant Tenderer and his confidential information will not be disclosed;

118.4. Each stage of the negotiations will be carried out until the issues being discussed at the stage are elaborated, in the opinion of the Commission, to such an extent that to enable the Tenderer to form a respective part of the Final Tender on their grounds in a substantiated and detailed manner.

118.5. The negotiations will be conducted in the Lithuanian language.

119. The results of each stage of the negotiations will be documented in the form of minutes, which will need to be signed by the authorised representative of the Tenderer, the chairperson of the Commission, and the secretary of the Commission. Prior to signing the minutes, the Tenderer will be able to provide his comments on them. The minutes shall be signed at the time of or immediately after each stage of the negotiations but not later than within 5 (five) Business Days after each stage of the negotiations. If the Tenderer refuses to sign the minutes or fails to sign them within the time limit established in this paragraph, it shall be considered that the Tenderer has abandoned his Detailed Proposal, and in this case the Commission will have the right to use the performance security of the Tender provided by the Tenderer. During the conduct of the further procedures of the Tendering Procedure, the Tenderer will be able to change the results of the negotiations documented in the minutes only by improving them or upon receipt the approval of the Commission.

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120. With the purpose of reaching the final agreement on the provisions of the Contract and documents related thereto, the Commission has the right to agree upon all the terms and to take all necessary actions, even though if they are not provided for in the Tendering Conditions directly. However, such agreements and actions will be non-discriminatory and fair in respect of all the Tenderers.

121. In case when the negotiations with the Tenderer (with both Tenderers, if two Tenderers have been invited for negotiations) terminate, the Commission may invite for negotiations the other Tenderers in accordance with the ranking of the evaluation of the economic efficiency of their Detailed Tenders; however, in this case, only one Tenderer will be invited at a time.

122. If negotiations are conducted with only one Tenderer, and after the negotiations the terms and conditions of the Detailed Tender submitted by him comply with the requirements established in these Tendering Conditions and annexes hereto as well as the essential requirements for the implementation of the Project and are not worse than the Detailed Tender submitted before the negotiations, except for the terms which were agreed upon with the Commission separately, this Tenderer will be proposed to conclude the Contract.

123. If negotiations are conducted with two Tenderers, the Final Tenders submitted by them after the negotiations will be evaluated again in accordance with the same criteria and procedure as the Detailed Tenders submitted before the negotiations. In this case, the Tenderer whose Final Tender after the negotiations is evaluated as the most economically effective will be proposed to conclude the Contract.

7. COORDINATION OF DOCUMENTS

124. The Commission shall draw up the updated draft of the Contract in accordance with the amendments to the Contract agreed upon by the Tenderer(s) and the Commission during the negotiations.

125. The Awarding Authorities, in accordance with the procedure established by legal acts, shall submit the updated draft of the Contract to the Ministry of Finance of the Republic of Lithuania for the provision of its conclusion/opinion, to the Controller of Vilnius City Municipal Government for the provision of his conclusion, and the Council of Vilnius City Municipal Government for its approval of the draft of the Contract.

126. The Awarding Authorities may not guarantee the provision of the approval or consent by the aforementioned institutions to the draft of the Contract and do not assume any responsibility in case no approval or consent is provided; however, they undertake to apply all their reasonable efforts to obtain such a consent. If the aforementioned institutions do not approve or do not agree with the terms and conditions indicated in the draft of the Contract, the Commission has the right to update the draft of the Contract, to invite the Tenderer(s) for negotiations on the draft of the Contract, and to repeatedly submit it to the institutions specified in Paragraph 125 of the Tendering Conditions, or the procedures of the Tendering Procedure shall be completed by a decision of the Awarding Authorities. By submitting the Tenders, the Tenderers agree with the possibility of the completion of the procedures of the Tendering Procedure in the case established in this paragraph and waive any claims to that effect in respect of the Awarding Authorities or their representatives.

8. SUBMISSION OF THE FINAL TENDERS

8.1. CONTENTS OF THE FINAL TENDER

127. The Tenderer(s) who have been invited, by the correspondence means of CVP IS, to submit his (their) Final Tender will have to submit it (them) in accordance with the draft of the Contract updated after the results of the negotiations and agreed upon in Paragraphs 124 – 126 of the Tendering Conditions. The requirements for the submission of the Final Tender are specified in Annex Error: Reference source not found to the Tendering Conditions.

128. The Final Tender shall provide the information provided in Paragraph 93 of the Tendering Conditions, except for the information specified in Paragraph 93.2 of the Tendering Conditions. If

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the information provided in the Detailed Tender does not change, the Tenderers have the right to submit only those documents (information) which change with regard to the results of the negotiations, specifying that clearly in the submitted Final Tender.

129. The Final Tender of the Tenderer may not be worse than the results of the negotiations recorded in the minutes of the negotiations, while the provisions in respect of which no negotiations were conducted may not be worse than those in the Detailed Tender.

130. The contents of the Final Tenders shall also be subject to the requirements established, respectively, in Paragraphs 77 – 81 of the Tendering Conditions.

131. The submitted Final Tender must be unconditional and acceptable to the Tenderer without any modifications.

8.2. VALIDITY PERIOD OF THE FINAL TENDER

132. The Final Tender shall specify its validity period, which may be not shorter than the validity period of the Detailed Tender.

133. The Commission may request the Tenderer to extend the validity of the Final Tender until a certain specified time; however, the Tenderer will not be obliged to do so, and such a request can be rejected without losing the right to the provided performance security of the Tender (except for the case specified in Paragraph 97.2 of the Tendering Conditions). The period of the performance security of the Tender shall be extended in accordance with the procedure established in Paragraph 100 of the Tendering Conditions.

8.3. TIME LIMIT FOR THE SUBMISSION OF THE FINAL TENDER

134. The Tenderer will have to submit the Final Tender before the deadline specified in the invitation for Final Tenders, in compliance with the requirements specified in Annex Error: Reference source notfound to the Tendering Conditions. Before the specified deadline, the Tenderers have the right to amend and/or withdraw their Final Tenders. However, if the Tenderer fails to submit the Final Tender before the established deadline for the submission of the Final Tenders, it will be considered that he has refused to participate in the Tendering Procedure, and the Commission will have the right to use the performance security of the Tender provided by the Tenderer. One Tenderer may submit only one Final Tender. If the Tenderer (or its member where the Tenderer is a group of economic entities) submits or participates in the submission of more than one Final Tender, the Commission will reject all such Final Tenders.

8.4. EVALUATION OF THE FINAL TENDER

135. Upon the receipt of the Final Tender(s), the Commission will verify its (their) compliance with the Tendering Conditions in accordance with the procedure established in Annex Error: Referencesource not found to the Tendering Conditions.

136. If two Tenderers submit the Final Tenders to the Commission, the Commission will perform their evaluation according to the criterion of the economically most efficient tenders, in accordance with the procedure and criteria established in Annex Error: Reference source not found to the Tendering Conditions. The list of the Tenderers will be drawn up according to the ranking of the assigned evaluations, in the descending procedure of economic efficiency. In case when the Final Tenders of the Tenderers gain the same number of economic efficiency scores, the Commission will acknowledge as the best the Final Tender of the Tenderer which was submitted at the earliest time.

137. The Commission will inform the Tenderers of the results of the performed evaluation of the Final Tenders and of the list of the Tenderers drawn up according to the ranking of the assigned evaluations, if the Final Tenders have been submitted by more than one Tenderer, by the correspondence means of CVP IS not later than 5 (five) Business Days from taking the decision on the evaluation.

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138. The Tenderer whose Final Tender will be evaluated as the best one, together with the notice of the results of the evaluation of the Final Tender, will also receive an invitation to conclude the Contract. The invitation will specify the time and place of the conclusion of the Contract. The Commission may change the specified time and/or place upon a reasoned proposal of the Tenderer.

139. The Awarding Authorities will announce the decision on the conclusion of the Contract in Informaciniai pranešimai (Information Notices) not later than within 3 Business Days from the conclusion of the Contract. The announcement will indicate the name of the Concessionaire and a description of the main terms and conditions of the Contract.

9. CONCLUSION OF THE CONTRACT

140. The Contract will be concluded in accordance with the draft presented in Annex 13 to the Contract amended with regard to the results of the negotiations and agreed upon in accordance with the procedure established in Paragraphs 124 – 126 of the Tendering Conditions, taking into account the Final Tender submitted by the successful Tenderer. After the conclusion of the Contract, only (i) non-essential terms of the Contract may be changed and only provided that such changes meet public interests, or (ii) if the changes are made in the cases and in accordance with the procedure established in the Contract.

141. Prior to concluding the Contract, the Concessionaire will be obliged to provide suretyship for the obligations of the Project Company associated with the fulfilment of the Contract. The suretyship must establish that:

141.1. The suretyship is non-compensable;

141.2. If the Project Company fails to execute or improperly executes its obligations under the Contract, the Concessionaire shall bear joint and several liability with the Project Company to the Awarding Authorities;

141.3. The Concessionaire shall be liable to the same extent as the Project Company;

141.4. The Concessionaire shall also be liable in those cases when the Contract is changed and this leads to the change of the scope of the obligations of the Project Company and the liability of the Concessionaire as the surety, or other circumstances unfavourable to the Concessionaire as the surety arise.

141.5. The liability of the Concessionaire as the surety shall expire only when the period of validity and execution of the obligations of the Project Company under the Contract expires, and may not expire at an earlier time due to the fact that the Awarding Authorities did not demand the liability of the Concessionaire as the surety for a certain period of time.

142. The suretyship of the Concessionaire may expire prematurely only in case when, in the cases permitted by the Tendering Conditions and the Contract, the shares of the Project Company are transferred to another entity (or a member of the group of economic entities constituting the Concessionaire) and this entity stands surety for the respective obligations of the Project Company to the same extent as the Concessionaire (the member of the group of economic entities) transferring the shares.

143. If the Concessionaire and/or the Project Company fails to provide the aforementioned surety or to conclude the Contract or refuses to conclude the Contract on the specified terms, or fails to fulfil the Conditions Precedent for the Entry into Force of the Contract within the established time limit, the Commission will consider that the Concessionaire has refused to conclude the Contract and will have the right to use the performance security of the Tender provided by the Tenderer and to require that the Tenderer (Concessionaire) should compensate other direct losses as well as to invite for the conclusion of the Contract another Tenderer who has submitted the Final Tender or, where such a Tenderer is not available, to invite for negotiations the Tenderer who follows the Tenderer that refused to conclude the Contract in the list of the Detailed Tenders drawn up according to the ranking of the assigned economic efficiency evaluations.

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10. COST OF PARTICIPATION IN THE TENDERING PROCEDURE

144. Economic entities shall participate in the Tendering Procedure at their own risk and cost. The Awarding Authorities will not compensate any expenses related to participation in this Tendering Procedure and may not be held liable for any expenses of the preparation of the applications or the Tenders and/or other expenses related to participation or preparation for participation in the Tendering Procedure, including but not limited to the expenses related to the obtaining of the Tendering Conditions and their translation into a foreign language, preparation and submission of the applications and Tenders, as well as expenses related to the negotiations (including translation into a foreign language), copying and printing of documents, postal or courier post services, preparation or sending of drawings and photographs, business trips and meetings, transport, accommodation, fees, payments to lawyers, consultants, engineers and other hired persons, document management and state taxes, and other expenses related to participation in the negotiations and the Tendering Procedure.

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1. Annex to the Tendering Conditions

DEFINITIONS

Grounds shall mean the grounds of 13,094 sq.m. (unique No. 4400-0985-3030) at Ozo g. in Vilnius, property of Vilnius City Municipal Government, held in usufruct by a private legal entity until [date].

Fields shall mean the infrastructure consisting of a minimum of three football fields and one track and field stadium, as defined in the Specifications, within the Multifunctional Complex.

Common-Use Premises

shall mean the space in the Objects comprising the Multifunctional Complex that is not designed for individual use, i.e. it has no independent use; its use has to do with serving the needs of other premises and creating conditions for the normal use of the features of the Object for their intended purpose, utilising the full potential and ensuring the functionality of the Object (e.g. Object hallways, lobbies, etc.).

Premises shall be defined as the space within the Object having a designated use and limited by walls and other partitions (Articles 2, 96 of the Law on Construction).

CVP IS shall mean the central information system for public tendering accessible at https://pirkimai.eviesiejipirkimai.lt.

Tenderer shall mean an entity or entities which have expressed an interest in participating in the Tendering Procedure in accordance with section 2 of Chapter III of the Law on Concessions and/or submitted an application(s) and/or a Tender(s). Any legal person, irrespective of their legal form, public body (with the exception of public or private bodies qualified as government agencies in the Law on the National Debt of the Republic of Lithuania, and natural persons), foreign legal persons and other entities organised under the laws of a foreign state without the status of a legal person, also Lithuanian branches of companies established in any country of the European Union or the European Economic Area, or a group of these persons, may be a Tenderer.

No economic operator (in the case of a group of economic operators) may be a Tenderer, if in any way connected with the preparation of this Tendering Procedure or the Project for implementation resulting in a potential breach of the principle of equal treatment.

Works shall mean all design, construction, repair, installation and other works to be carried out by the Project Company in order to create the Multifunctional Complex and the New Property so that it complies with the requirements of the Specifications and the Tender.

Business Day shall mean any day except for Saturdays, Sundays and other public holidays.

Multifunctional Complex

shall mean the immovable property and appurtenances thereof created by the Project Company during the implementation of the Contract, including engineering networks and structures of common use (infrastructure), public areas infrastructure, Kindergarten, public cultural and sports events infrastructure, Sports museum, Cultural development centre and library, objects of sports infrastructure for informal education, as defined in the Specifications and the Contract, as well as any appurtenances thereof (including parking areas), general

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https://pirkimai.eviesiejipirkimai.lt/

infrastructure of the Multifunctional Complex and the Additional Immovable Property.

General Infrastructure of the

Multifunctional Complex

shall mean the infrastructure necessary for the management and operation of the Multifunctional Complex, including parking areas, other communication infrastructure, common-use infrastructure, engineering Networks, structures and elements of public areas in the Land Plot, as defined in the Specifications.

Data Repository shall mean the data repository designed to store Project-related documents in the possession of the Awarding Authorities, for example, investment project, territorial planning documents, Project-related contracts, etc., unless the disclosure of these documents to the Concessionaire or the Project Company would be in contradiction to confidentiality obligations assumed by the Awarding Authorities or applicable legislation.

Financial Business Model

shall mean the financial business model compiled in accordance with the form provided in Annex 16 to the Tendering Conditions and detailing the financing structure and conditions of the business of the Concessionaire and/or the Project Company, financial (economic) justification of investment objectives, assessment of the return on investment, and other performance indicators.

Ministry of Finance shall mean the Ministry of Finance of the Republic of Lithuania, legal person number 288601650, Lukiškių g. 2, LT-01512 Vilnius.

Final Tender shall mean a tender in the form given in Annex 11 to the Tendering Conditions prepared by a Tenderer or Tenderers, if more than one Tenderer is invited to negotiate, together with supporting documents to be submitted after the negotiation process in accordance with the requirements of the Tendering Conditions.

Informaciniai pranešimai

shall mean the special supplement Informaciniai pranešimai to the official gazette Valstybės žinios of the Republic of Lithuania.

Law on Investment shall mean the Law on Investment of the Republic of Lithuania.

Investments shall mean the obligatory investments into the Multifunctional Complex and the New Property needed for the provision of Public Services or Services, or other investments referenced in the Specification needed in order to perform the Works or provide Public Services and Services.

Detailed Tender shall mean a detailed binding tender in the form given in Annex 11 together with supporting documents to be submitted after the evaluation of the Preliminary Tenders detailing technical, financial and commercial matters related to Project implementation identified in the Tendering Conditions, and other information required in the Tendering Conditions, and under which the Tenderer is willing to enter into the Contract.

DPES shall mean the Department of Physical Education and Sports under the Government of the Republic of Lithuania, number 188620621, address: Žemaitės g. 6, LT-03117 Vilnius.

Commercial Activity shall mean the business and commercial activity carried out by the Project Company at its own risk in the Public Cultural and Sports Events Infrastructure, the Objects of Sports Infrastructure for Informal Education, the General Infrastructure of the Multifunctional Complex, the Additional Immovable Property and the Common-use Premises of the Objects that is permitted under the Specification and the Contract and provided for in the Tender, and is related to the Public Services or the Services offered in the Objects, and/or ensures the functionality of the Objects by using the Additional Immovable Property and the New Property and by not departing from the implementation of Project

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Objectives, or functionality and use requirements of the Object.

Commission shall mean the Commission for the tendering procedure formed by Order No. [number] of [date] of the Awarding Authorities and tasked with the execution of the tendering procedures and performance of other functions delegated to the Commission.

Law on Concessions shall mean the Law on Concessions of the Republic of Lithuania.

Concession shall mean a right conceded by the Awarding Authorities to the Project Company to carry out, subject to the Tendering Conditions and the Contract, the activities related to the design, construction, development, renovation, alteration, repairs, management, operation and/or maintenance of the Multifunctional Complex and individual Objects thereof, provide the Services, manage and operate the Objects so conceded on the basis of lease (or other grounds provided for by legislation), and pursue the Commercial Activity.

Concessionaire shall mean the successful Tenderer whose Final Tender was recognised as the most advantageous one and who was awarded the Contract, or the Project Company established by the Tenderer who was awarded the Contract, and its successors in cases provided for in the Contract.

Tendering Procedure

shall mean the public tendering procedure for concession carried out by the Awarding Authorities in accordance with section 2 of Chapter III of the Law on Concessions and these Tendering Conditions with the aim of selecting a Tenderer to implement the Project and for this purpose negotiating with the Tenderer that had submitted the most economically advantageous tender (or two Tenderers in cases stipulated in the Tendering Conditions) to agree on the technical and financial terms of the Detailed and Final Tenders that would satisfy the requirements of the Awarding Authorities and serve as a basis for the Contract.

Cultural Education Centre and Library

shall mean the infrastructure (of up to 1,600 (one thousand six hundred) sq.m.) and all other infrastructure (including parking areas), as defined in the Specification, where the establishment of Šeškinė branch of the Central Library of Vilnius City Municipal Government and the provision of Public Services is planned.

Annual Remuneration

shall mean all payments by the Awarding Authorities to the Project Company calculated and payable in accordance with Annex 4 to the Contract.

New Property shall mean the equipment, furniture, software, tools and other movable property needed for the fitting-out of the Multifunctional Complex in compliance with requirements of the Specifications and the Tender, and/or for the provision of Services and Public Services and pursuit of the Commercial Activity in the Multifunctional Complex.

Objects of Sports Infrastructure for

Informal Education

shall mean the objects of sports infrastructure (structures and premises) intended for informal education activities (artistic gymnastics, boxing, wrestling, physical training halls, Fields, four universal sports halls (two basketball and one handball)), as defined in the Specifications.

Object shall mean a functionally separate part of the Multifunctional Complex where the Project Company can carry out the Works or offer Services, and the Awarding Authorities (or other entities) can provide Public Services, separately from other parts of the Multifunctional Complex, i.e. the Grounds, the Kindergarten, the Public Cultural and Sports Events Infrastructure, the Sports Museum, the Cultural Education Centre and Library, the Objects of Sports Infrastructure for Informal Education. The Objects and the requirements they have to meet are listed in the Specifications and the Tender.

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Additional Movable Property

shall mean the infrastructure (movable property: equipment, furniture, instruments, etc.) created by the Project Company at its own risk and cost in the Multifunctional Complex, the Common-use Premises of the Object and the Additional Immovable Property, intended exclusively for conducting the Commercial Activity in connection with the Services and the Public Services offered in the Multifunctional Complex, and/or ensuring the functioning of the Objects. The Project Company retains/will retain ownership of Additional Movable Property throughout the period of the Contract. The Project Company is not allowed to transfer the property to third persons and upon expiry of the Contract the property shall remain with the Project Company.

Additional Immovable Property

shall mean separate premises of the Objects designed and installed by the Project Company at its own risk and cost and intended exclusively for conducting the Commercial Activity; it shall be the property of Vilnius City Municipal Government.

Premises shall be defined as space within the Object having a designated use and limited by walls and other partitions (Articles 2, 96 of the Law on Construction).

Tender shall mean the Preliminary, Detailed and Final Tenders collectively.

Tender Security shall mean a security of the Detailed Tender that complies with the requirements laid down in the form of Annex 12 to the Tendering Conditions.

Services shall mean the services offered by the Project Company in accordance with the Contract, requirements of the Specification and provisions of the Final Tender except for the Commercial Activity.

Request shall mean any inquiry related to the Tendering Procedure addressed to the Commission and submitted by a Tenderer as provided for in the Tendering Conditions, or an application requesting to provide an explanation or clarification of certain provisions of the Tendering Conditions.

Preliminary Tender shall mean a preliminary non-binding tender in the form given in Annex 11 to the Tendering Conditions together with supporting documents to be submitted after the evaluation of applications and detailing the methods and conditions of Project implementation.

Project shall mean the PPP project “Multifunctional Health, Education, Culture and Business Support Complex” implemented by the Awarding Authorities and described in the Specification.

Project Company shall mean the company formed by the Concessionaire for the purpose of implementing the Project in accordance with Article 16(1) of the Law on Concessions; it shall act as a contracting Party, carry out the activity set in the Contract and meet the following requirements at the time of signature of the Contract:- it must exist in the form of a limited liability company; and- it must be owned by the Concessionaire alone (i.e. the Concessionaire must hold 100% interest in the company); and- its activity must be focused exclusively on Project implementation ; and- it must have no debts or other liabilities unrelated to the implementation of the Contract; and- it must apply the existing business accounting standards; and- it must be a registered VAT payer.The Project Company shall be established by the successful Tenderer before the signature of the Contract.

Municipal Government

shall mean Vilnius City Municipal Government Administration, number 188710061, address: Konstitucijos pr. 3, LT–09601 Vilnius, considered to the an

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awarding authority under Article 2(7) of the Law on Concessions.

Tendering Conditions

shall mean these Tendering Conditions, including annexes thereto, as well as any clarifications and replies to Tenderer Requests.

Specification shall mean the specifications of the Works and Services detailed in Annex 2 to the Tendering Conditions laying down the requirements and indicators that the Works or Services must meet and the Tenderer should take into account when compiling its Tender.

Sports Museum shall mean the premises and other infrastructure of up to 1,500 (one thousand five hundred) sq.m. within the Multifunctional Complex needed for the installation and operation of the museum, as defined in the Specifications, and the provision of Public Services.

Solution shall mean the solutions proposed by the Tenderer and submitted together with the Tender and supporting documents with regards to the methods and techniques for implementing the Project described in the Specification in order to best meet the needs of society and interests of the Awarding Authorities.

Stadium Structures shall mean the property owned by Vilnius City Municipal Government that is transferred by Vilnius City Municipal Government to the Project Company for the latter’s management and use on the basis of lease or otherwise, i.e. building, unique number 1300-2038-7016, address: Ozo g. 27, Vilnius (unfinished structure).

Sub-contractors shall mean the entities specified in the application and/or the Tender who carry out the Works or provide the Services which fall within the scope of responsibility of the Project Company under the Contract and in exchange receive remuneration from the Project Company.

Affiliated Company shall mean any company that meets the requirements of Annex 17 to the Tendering Conditions.

Contract shall mean the concession contract between the Awarding Authorities, the Tenderer who had been awarded the contract and the Project Company regarding the implementation of the Project on the basis of PPP as provided for by the Law on Concessions and these Tendering Conditions.

Awarding Authorities

shall mean the Municipal Government and the DPES collectively.

Property shall mean the Stadium Structures (until they are dismantled or converted into the Multifunctional Complex in accordance with the procedure laid down in the Contract), the Multifunctional Complex, the New Property, the Additional Movable Property and the Land Plots collectively.

Kindergarten shall mean the building of a pre-school education establishment (kindergarten) of a minimum of 300 places, and the complete engineering infrastructure needed for the provision of pre-school education services (arbours, sheds, playgrounds, pedestrian paths, plants, parking areas, etc.), as defined in the Specification.

Public Services shall mean the services of informal education provided in the Multifunctional Complex by the Awarding Authorities, or their authorised establishments, or other persons, as well as public events organization, cultural, sports and education services, museum services and other similar services that will be provided in the Multifunctional Complex by the Awarding Authorities, or their authorised establishments, or other persons, as well as any other activity in the Multifunctional Complex carried out by the Awarding Authorities, or their authorised establishments, or other persons and needed for the provision of the

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Services.

Public Cultural and Sports Events Infrastructure

shall mean the stadium with a minimum of 15,000 fixed seats, together with all the other infrastructure (including parking areas) needed for the organization of mass cultural and sports events, as defined in the Specifications.

PPP shall mean the method of cooperation between the Awarding Authorities, the Tenderer who had been awarded the contract and the Project Company as defined in the Law on Investment and the Law on Concessions whereby certain activities pertaining to the functions of the Awarding Authorities are carried out by the Project Company and the Project Company invests in these activities and the infrastructure needed for this purpose and receives the Annual Remuneration and entitlement to payments from third parties in exchange for the economic and commercial activities carried out.

Land Plots shall mean the land plots having the cadastre No 0101/0020:212 and the unique No. 4400-0842-8751 as well as the cadastre No. 0101/0020:211 and the unique No. 4400-0841-3080) that are the property of the Republic of Lithuania and will be entrusted to Vilnius City Municipal Government; a Land Plot shall mean any of the land plots individually.

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SPECIFICATIONS

To be provided in a separate document.

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SUBMISSION OF REQUESTS

All Tenderers, including entities that intend to submit applications, may submit Requests exclusively by CVP IS means of communication. To submit a Request, or an application or a Tender, the Tenderer must be a registered user of the CVP IS. The description of the registration procedure can be found at:

http://www.cvpp.lt/index.php?fileid=66&task=download&option=com_quickfaq&Itemid=71

The description of the procedure for submitting Requests can be found at:

http://www.cvpp.lt/index.php?fileid=68&task=download&option=com_quickfaq&Itemid=71.

All Requests related to applications and the pre-selection procedure shall be submitted at least 6 days before the expiry of the deadline for submission of applications.

Other inquiries related to the Tendering Procedure may be submitted by the Tenderers at least 8 days before the expiry of the deadline for submission of particular Tenders as indicated in the invitation to submit the particular Tender.

When submitting a Request, the Tenderer (entity that intends to submit an application) shall specify whether information in the Request is confidential and what information exactly is to be treated as confidential. If the Commission disagrees with the information provided in the Request being treated as confidential, the Commission shall request that the Tenderer (entity that intends to submit an application) justifies the confidential nature of this information. The Law on Concessions requires that all Tenderers (entities that intend to submit applications) be provided the same information about the tendering procedure, meaning, that in the event that confidential information provided by the Tenderer (entity that intends to submit an application) would make it impossible, in the opinion of the Commission, for the Commission to provide a reply to the Request that could be distributed to all remaining Tenderers (entities that intend to submit applications) without disclosing confidential information provided by the requesting Tenderer (entity that intends to submit an application), the Commission shall not reply to such a Request and indicate to the Tenderer (entity that intends to submit an application) the reasons the Commission is unable to satisfy the Request.

The Commission shall reply to a Request promptly, but in any event within 6 (six) days at most and at least 4 (four) days before the expiry of the deadline for submission of applications or Tenders, using CVP IS means of communication. In the event that the Commission should need more time to reply, the Tenderers (entities that intend to submit applications) shall be notified of the exact time of the Commission’s reply within the time frames specified earlier.

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PRE-SELECTION CRITERIA

Entities participating in the Tendering Procedure must satisfy the following general, economic and financial eligibility, and technical and professional capacity criteria:

No. I. General Requirements Supporting Documents

1.1. Head of administration of the Tenderer, if a legal person, or some other person with authority to conclude transactions on behalf of the Tenderer, and the accountant, or some other person with authority to prepare and sign accounting documents of the Tenderer, do not have any unexpired or non-annulled conviction, and no final judgement has been delivered against the Tenderer, if a legal person, in the past 5 (five) years for participating in a criminal organisation, starting or running such an organisation, bribery, bribery of an intermediary, corruption, fraud, use of a credit, loan or targeted support for a purpose other than the one intended or in violation of the procedure established, bank fraud, tax evasion, presentation of false data about income, profit, or assets, failure to submit a declaration, report, or some other document, acquisition or realisation of illegally obtained assets, legalisation of illegally obtained money or property; and no final judgement has been delivered for any of the criminal offences as defined in the European Union legislation listed in Article 38(4) of Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts and the Tenderer, if a legal person, does not have any unexpired or non-annulled conviction for any of the criminal activities listed in chapters XXXI and XXXII of the Criminal Code of the Republic of Lithuania.

A certificate issued by the Department of Information Technology and Communications of the Ministry of the Interior of the Republic of Lithuania, a certificate issued by the State Enterprise Centre of Registers, or documents issued by a competent foreign institution confirming that: (i) the Tenderer, (ii) the Tenderer’s head of administration and other persons acting on behalf of the Tenderer, and (iii) the accountant, or some other person with authority to prepare and sign accounting documents of the Tenderer, do not have any valid conviction for any of the criminal activities listed herein.

Where such documents are not issued in the country of domicile of the Tenderer, or do not cover all of the required aspects, the documents can be substituted with the following:

(i) an appropriate declaration on oath, if applicable in the country of domicile of the Tenderer;

(ii) where declarations on oath are not applicable, an official declaration of the Tenderer which the Tenderer had submitted to a competent legal or administrative authority, notary or competent professional or trade organisation in its country of origin or in the country where it comes from.

Documents specified herein must be issued no earlier than 60 (sixty) days before the expiry of the deadline for submission of applications, or their term of validity must include this date.

1.2. The Tenderer is not bankrupt or being wound up, has not entered into an arrangement with its creditors (an arrangement with its creditors to continue the Tenderer’s operations whereby the Tenderer assumes certain obligations and the creditors agree to postpone, reduce or withdraw their claims), has not suspended or limited its operations and is not in any analogous or similar situation under the laws of the country where the Tenderer is registered.

1) Since the information system of the state enterprise Centre of Registers provides, free of charge, information about the legal status of Tenderers (legal persons) registered in the Republic of Lithuania, data supporting the qualifications of a Tenderer registered in the Republic of Lithuania (legal person) shall be recorded and stored at the contracting authority on the last day tender applications may be accepted. A Tenderer (legal person) registered in the Republic of Lithuania shall not be required to present a document supporting its qualification.

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If a Tenderer is a legal person registered in a foreign country, the Tenderer shall present a document issued by the respective authority of the foreign country supporting Tenderer compliance with this requirement.


1. an appropriate declaration on oath, if applicable in the country of domicile of the Tenderer;

2. where declarations on oath are not applicable, an official declaration of the Tenderer which the Tenderer had submitted to a competent legal or administrative authority, notary or competent professional or trade organisation in its country of origin or in the country where it comes from; or

3. free form declaration by the Tenderer.

Since the information system of the state enterprise Centre of Registers provides, free of charge, information about the legal status of Tenderers (legal persons) registered in the Republic of Lithuania, data supporting the qualifications of a Tenderer registered in the Republic of Lithuania (legal person) shall be recorded and stored at the contracting authority on the last day tender applications may be accepted. A Tenderer (legal person) registered in the Republic of Lithuania shall not be required to present a document supporting its qualification.

and

2) Completed Tenderer declaration in the form provided in Annex 8 to the Tendering Conditions.

Documents specified herein must be issued no earlier than 60 (sixty) days before the date of application submission, or their term of validity must include this date.

1.3. The Tenderer is not the subject of restructuring or bankruptcy proceedings or out-of-court bankruptcy proceedings, or forced liquidation proceedings or analogous proceedings under the laws of the country where the Tenderer is registered.

1) Since the information system of the state enterprise Centre of Registers provides, free of charge, information about the legal status of Tenderers (legal persons) registered in the Republic of Lithuania, data supporting the qualifications of a Tenderer registered in the Republic of Lithuania (legal person) shall be recorded and stored at the contracting authority on the last day tender applications may be accepted. A Tenderer (legal person) registered in the Republic of Lithuania shall

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not be required to present a document supporting its qualification.

If a Tenderer is a legal person registered in a foreign country, the Tenderer shall present a document issued by the respective authority of the foreign country supporting Tenderer compliance with this requirement.



2. where declarations on oath are not applicable, an official declaration of the Tenderer which the Tenderer had submitted to a competent legal or administrative authority, notary or competent professional or trade organisation in its country of origin or in the country where it comes from; or

3. free form declaration by the Tenderer.

Since the information system of the state enterprise Centre of Registers provides, free of charge, information about the legal status of Tenderers (legal persons) registered in the Republic of Lithuania, data supporting the qualifications of a Tenderer registered in the Republic of Lithuania (legal person) shall be recorded and stored at the contracting authority on the last day tender applications may be accepted. A Tenderer (legal person) registered in the Republic of Lithuania shall not be required to present a document supporting its qualification.

and

2) Completed Tenderer declaration in the form provided in Annex 8 to the Tendering Conditions.

Documents specified herein must be issued (executed) no earlier than 60 (sixty) days before the date of application submission, or their term of validity must include this date.

1.4. The Tenderer does not have any unexpired or non-annulled conviction, and no final judgement has been delivered against the Tenderer, if a legal person, in the past 5 (five) years for offences against property, ownership rights and property interests, intellectual or industrial property, economy and business practices, financial system, civil service and public interest, except for the offences listed in

A certificate issued by the Department of Information Technology and Communications of the Ministry of the Interior of the Republic of Lithuania, a certificate issued by the state enterprise Centre of Registers, or documents issued by a competent foreign institution confirming that the Tenderer has not been convicted of the offences listed herein.

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1.1 of this table. Where such documents are not issued in the country of domicile of the Tenderer, or do not cover all of the required aspects, the documents can be substituted with the following:


2. where declarations on oath are not applicable, an official declaration of the Tenderer which the Tenderer had submitted to a competent legal or administrative authority, notary or competent professional or trade organisation in its country of origin or in the country where it comes from.


1.5. The Tenderer is not guilty of any serious professional misconduct.

The term professional misconduct shall be understood as a violation of professional ethics where less than a year has passed from the moment the Tenderer was declared in breach of professional ethics, or as a violation of statutory provisions of competition, labour, occupational safety and health and/or environmental protection for which the Tenderer, acting as a legal person, was subjected to an economic sanction provided for by the laws of the Republic of Lithuania where less than a year has passed from the effective day of the decision imposing the sanction. Where a Tenderer, acting as a legal person, has violated Article 5 of the Law on Competition of the Republic of Lithuania, this violation shall qualify as professional misconduct if less than 3 (three) years have passed from the effective date of the decision imposing the economic sanction envisaged in the Law on Competition.

Completed Tenderer declaration in the form provided in Annex 8 to the Tendering Conditions.

1.6. The Tenderer has fulfilled all of its obligations related to the payment of taxes, except for social insurance contributions, subject to the requirements of the country where the Tenderer is registered and of the country of the Awarding Authorities.

A document issued in accordance with the procedure established by the territorial unit of the State Tax Inspectorate of the State Tax Inspectorate under the Ministry of Finance, or by the state enterprise Centre of Registers, confirming the aggregate data processed by competent authorities, and a certificate issued by a competent national authority of the country where the Tenderer is registered confirming that the Tendered has fulfilled

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all of its tax obligations.


1.7. The Tenderer has fulfilled all of its obligations related to the payment of social insurance contributions subject to the requirements of the country where the Tenderer is registered and of the country of the Awarding Authorities. A Tenderer is deemed to have fulfilled its tax obligations, including social insurance contributions, if outstanding obligations of the Tenderer amount to less than €50.

Where a Tenderer is a legal person registered in the Republic of Lithuania, the Awarding Authorities shall not require that the Tenderer produces a document supporting the fulfilment of obligations related to social insurance contributions. This information will be checked in the information system of the State Social Insurance Fund Board under the Ministry of Social Security and Labour on the day of application submission.

Where a Tenderer is a legal person registered in a foreign country, the Tenderer shall produce a document issued by the respective authority of the foreign country supporting the fulfilment of Tenderer obligations related to social insurance contributions.


1.8. The Tenderer has not provided false information about its compliance with the requirements that the Awarding Authorities could prove by any legal means.

Completed Tenderer declaration in the form provided in Annex 8 to the Tendering Conditions.

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1.9. The Tenderer must be certified and have the right to perform special building construction works:

Groups of structures :

non-residential buildings; engineering networks: water supply networks, heat supply networks, sewage networks, power networks;

Fields of construction works:

general construction works (excavation work; construction and installation of building structures (reinforced concrete, concrete, metal, brick, wooden, etc.), waterproofing, roofing, finishing works).

special construction works (mechanical works (installation of water supply and sewerage systems for buildings; installation of heating, ventilation and air conditioning systems for buildings), electrical engineering works (installation of power systems for buildings; installation of process management and automation systems; installation of remote communication (telecommunications) systems for buildings; installation of security and fire alarm systems for buildings).

A duly certified copy of a certificate or right recognition document1 issued by the Centre for Certification of Construction Products.

No. II. Economic and Financial Eligibility Requirements

Supporting Documents

2.1. The average volume of construction and installation works carried out by the Tenderer in the past 5 (five) years, or from the date of registration (if the Tenderer has been operating for less than 5 (five) years) until the expiry of the deadline for submission of applications must be at least €36.5m (thirty six point five million) (VAT excl.) (or an equivalent in another currency)2.

A list of construction and installation works carried out by the Tenderer in the past 5 (five) years, or from the date of registration (if the Tenderer has been operating for less than 5 (five) years), until the expiry of the deadline for submission of applications (Annex 18 to the Tendering Conditions).

2.2. The net profit of the Tenderer for the past 3 (three) financial years, or from the date of registration (if the Tenderer has been operating for less than 3 (three) financial years), must be

Duly certified copies of profit (loss) statements for the past 3 (three) financial years, or from the date of registration (if the Tenderer has been operating for less than 3 (three) years).

1 In accordance with Article 15(4) of the Law on Construction of the Republic of Lithuania, the certification of legal persons registered in the Republic of Lithuania and the recognition of rights to pursue analogous construction activities by legal persons registered in foreign states or of other foreign organisations or their subsidiaries in their countries of origin is done by the state enterprise the Centre for Certification of Construction Products (www.spsc.lt). The Centre issues a qualification certificate, or a right recognition document, within 20 business days from the date of submission of an application and all required supporting documents.2 If the Tenderer intends to commission a Sub-contractor (contractor) to perform the Works, the requirement specified shall be met and the documents required shall be produced by the Sub-contractor (contractor).

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http://www.spsc.lt/

No. II. Economic and Financial Eligibility Requirements


positive or equal to zero. To calculate this figure the values of every year over the period specified shall be added up.

2.3. The Tenderer must be financially capable of funding the Project. The total amount of funding, including the financial contribution to the Project by a commercial bank or some other financial institution, combined with the Tenderer’s financial contribution must be at least €88.4m (or an equivalent in another currency VAT incl.).

A letter from a commercial bank or some other financial institution stating the envisaged funding and/or decision by the Tenderer’s shareholders or some other competent management body to allocate the required funding, or other evidence supporting the existence of this funding.

No. III. Technical and professional capacity requirements


3.1. In the past 10 (ten) years until the expiry of the deadline for submission of applications, or in the period from the date of registration (if the Tenderer has been operating for less than 10 (ten) years until the expiry of the deadline for submission of applications) the Tenderer has properly completed at least one construction contract of a building falling within the category of special buildings (of an equivalent building in the case of foreign suppliers): non-residential buildings, whereby construction works were worth at least €25.8m VAT excl.

A list of properly completed contracts (Annex 19 to the Tendering Conditions) and Tenderer Certificate (Annex 20 to the Tendering Conditions) supporting the fact that the contract was completed properly. The certificate shall specify the following:

1. Customer and customer contact details;

2. Location of works;

3. Value of works (VAT excl.);

4. Start and end dates; and

5. A confirmation of whether the works have been performed in compliance with the requirements of the applicable legislation regulating performance of works and whether the works have been completed properly or not (i.e. whether the works have been completed by the deadline set in the contract (or additional agreement) and whether a certificate of occupancy, statement of construction completion or an equivalent document has been signed or not).

The contract shall be deemed to have been properly implemented if the certificate of occupancy, the statement of construction completion, the final certificate of transfer and acceptance of works, or an equivalent document was issued in the past 10 (ten) years before expiry of the deadline for submission of applications.

It shall be deemed that the Tenderer has properly completed one contract, if construction works by the Tenderer on the same object (non-residential building) had been performed under several construction contracts.

A non-residential building shall be understood as a structure where construction works are carried out

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under a single technical (technical work) design.

Should the Commission have any doubts as to the contracts or works completed by the Tenderer, the Commission may request that the Tenderer produces a certificate drawn up by a respective customer containing information specified herein, or the Commission may contact the customer directly with a request to provide respective information.

3.2. In the past 3 (three) years before the expiry of the deadline for submission of applications the Tenderer had been performing for at least 12 consecutive months, or is currently performing, a contract for the management and operation of a sports and/or cultural complex (facility or facilities) designed to host sports and/or cultural events and comprising a facility(ies) for sports and/or cultural events with at least 10,000 (ten thousand) fixed seats for visitors.

A list of properly completed/in progress contracts (Annex 19 to the Tendering Conditions) together with a Tenderer certificate confirming that the services have been provided/are being provided properly (Annex 20 to the Tendering Conditions). Any such certificate must specify the customer and customer contact details, data and location of service provision, and a confirmation that the services had been provided in compliance with the requirements of the applicable legislation regulating service provision and that the services had been provided/are being provided properly.

Should the Commission have any doubts as to the contracts or works completed by the Tenderer, the Commission may request that the Tenderer produces a certificate drawn up by a respective customer containing information specified herein, or the Commission may contact the customer directly with a request to provide respective information.

3.3. In the past 3 (three) years before the expiry of the deadline for submission of applications the Tenderer had been pursuing the activities of sports and/or cultural events planning in a sports facility with at least 10,000 fixed seats (several such facilities), or had been managing such facilities, and these activities over the period specified meet the following requirements:

1. an average of at least 3 (three) international sports and/or cultural events per year, of which at least one event is a football and/or track and field event; and

2. the average annual revenue of the Tenderer generated by these activities are at least €2m (VAT excl.), including the Tenderer’s share from ticket sales, lease of

A list sports facilities (sports infrastructure facilities or equivalent buildings) and activities carried out in those facilities (Annex 21 to the Tendering Conditions) with a specification of the events meeting the specific requirements in Item 1 and their brief description, and a certificate certified by the Tenderer stating average revenue of the Tenderer in accordance with the requirements of Item 2.

Should the Commission have any doubts as to the activities or revenues specified by the Tenderer, the Commission may request that the Tenderer produces additional evidence supporting Tenderer compliance with this pore-selection criterion, or the Commission may contact the specific service customers or other persons directly with a request to provide information required for the evaluation of compliance with this criterion.

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facilities/premises for events and related functions, broadcasting rights, infrastructure management fees and other revenue generated by these activities.

3.4. The Tenderer must ensure that, for the purposes of implementing the Contract, it is able to provide a project manager for the special building (buildings group: non-residential buildings) (at least one specialist) responsible for the drafting of the design necessary for performing the Works. The specialist must:

1. hold a university degree, or equivalent degree;

2. have at least 3 (three) years experience of practical work of designing for structures classified as special buildings;

3. have managerial experience resulting from the designing of at least 1 (one) completed UEFA Category 4 or equivalent sports facility with at least 10,000 (ten thousand) fixed seats.

Job description clearly stating information about the compliance of the specialist with the qualification requirement (Annex 22).

Requirements for a certified project manager for special buildings: a document permitting the construction of the designed building (copy), or an equivalent document (declaration), or a certificate of construction completion (copy) or an equivalent document.

A copy of the qualification certificate or right recognition document.3

If a Tenderer is unable, for valid reasons, to produce the documents required, the Tenderer may produce other documents or information acceptable to the Commission supporting Tenderer compliance with the selection criteria established. Should this be the case, it is recommended to contact the Commission is advance to check what documents the Commission deems acceptable to support compliance with the selection criteria.

In the event that a Tenderer is a group of economic operators, Tenderer compliance with the selection criteria is evaluated as follows:

1. The general requirements in 1.1–1.8 above must be satisfied by each of the members of the group of economic operators. The general requirement in 1.9 above must be satisfied by those economic operators that will be carrying out the Works;

2. The economic and financial eligibility requirement in 2.2 above must be satisfied by each of the members of the group of economic operators;

3. The technical and professional capacity requirements in 3.1, 3.2 and 3.3 above must be satisfied by at least one member of the group of economic operators (these requirements may be separately satisfied by different members of the group of economic operators); and

4. The remaining pre-selection requirements must be satisfied by all members of the group of economic operators jointly depending on the obligations being assumed.

3 The Commission may use the national registers (http://www.spsc.lt and other), or some other sources of official data, to check whether the expert (specialist) proposed have qualification certificates or right recognition documents issued by the Ministry of Environment or state enterprise Centre for Certification of Construction Products and/or Lithuanian Chamber of Architects, o some other competent authority.

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http://www.spsc.lt/

In order to prove compliance with the pre-selection criteria (except for compliance with the requirements in 1.1–1.8 and 2.2 above), A Tenderer may rely on the capacities of its Sub-contractors or other economic operators. The Sub-contractors or other economic operators whose capacities the Tenderer relies on to prove its compliance with the requirements in 3.2 and 3.3 must assume the unconditional obligation to be jointly liable with the Tenderer (the Concessionaire) and the Project Company established by the Tenderer (the Concessionaire) for the proper fulfilment of the obligations under the Contract. The Tenderer must present this evidence together with its application. Such evidence may be a letter of guarantee, whereunder the Sub-contractor or an economic operator agrees to be jointly liable towards the Awarding Authorities for the proper discharge of obligations under the Contract by the Tenderer (the Concessionaire) and the Project Company established by the Tenderer.

The entities the qualification of which the Tenderer relies on must satisfy the general requirements in 1.1–1.8 above. Should this be the case, the application to participate in the Tendering Procedure must be accompanied by evidence confirming that these entities agree to provide the Tenderer with the capacities required to implement the Contract and that these entities have and are in position to provide these capacities to the Tenderer. Examples of such evidence include a preliminary construction or services contract, or some other agreement stipulating sanctions for default on the contract or agreement. Any such contract or agreement must be concluded for the benefit of not just the Tenderer and the Project Company but also for the benefit of the Awarding Authorities and mandatorily provide for the right for any of the parties to demand the fulfilment of obligations under the contract/agreement. Other evidence may also be produced, however, it must be equivalent and acceptable to the Commission and must clearly and specifically indicate the resources provided to the Tenderer by the Sub-contractor or economic operator, as well as the methods and measures ensuring that the Tenderer will actually be transferred the respective qualifications.

The Sub-contractors, whose capacities the Tenderer relies on during the implementation of the Project, may only be substituted by different Sub-contractors according to the procedure set out in the Contract and only with if the new Sub-contractors satisfy the general requirements in 1.1–1.8 above and their capacities are not worse than the capacities ensured by the Sub-contractor being substituted, i.e. the new Sub-contractor also meets the pre-selection criterion for which the Tenderer (the Concessionaire) needed the capacities of a Sub-contractor during the pre-selection procedure in the first place.

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PRE-SELECTION PROCEDURE

Once the Tenderers submit their applications their compliance with the Tendering Conditions and pre-selection as stipulated in this Annex shall be carried out by the Commission without participation of the Tenderers.

The Commission shall check and evaluate:

1) whether all documents and information supporting compliance with all of the pre-selection criteria have been submitted;

2) whether the data and declarations submitted are true; and

3) whether the Tenderer complies with the pre-selection criteria.

In the event that the data supporting compliance with the pre-selection criteria are inaccurate, incomplete, or submitted in a form other than the one given in the Tendering Conditions, or the Tenderer fails to submit all of the documents required to be submitted together with the application, the Commission shall request, through CVP IS means of communications, that the Tenderer supplements or clarifies the data, or supplies the missing or additional documents using CVP IS means of communication. The Commission shall set a reasonable time frame for the Tenderer to do this. If, for valid reasons, the Tenderer should require more time, the Commission may extend the time frame so established. If, nevertheless, the incorrect or incomplete data about compliance with the pre-selection criteria are not submitted by the Tenderer within the time frame, the Commission shall reject the application of the Tenderer.

If replies to at least one of the above listed questions of evaluation are to be negative, the Commission shall reject the application. Should this be the case, the Tenderer shall not be allowed to participate in the subsequent tendering procedures.

In the event that the Tenderer does provide the clarification so requested, and replies to the above listed questions of evaluation are positive, the Tenderer shall be included in the alphabetical list of Tenderers meeting the pre-selection criteria and shall be invited to participate in the Tendering Procedure and submit a Preliminary Tender.

The outcome of the pre-selection procedure shall be communicated to all Tenderers who submitted applications promptly through CVP IS means of communications, but in any event within 3 (three) business days at most from the last day of the evaluation procedures. A list of the Tenderers invited to participate in the subsequent tendering procedures shall be published in Informaciniai pranešimai.

In the event that a Tenderer had submitted an application but failed the pre-selection criteria resulting in the rejection of its application, the Commission shall indicate the reasons for rejecting the application.

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(name, legal entity code, and registered office address of the Tenderer)

Vilnius City Municipal Government AdministrationKonstitucijos pr. 3, LT-09601 Vilnius T: (8 5) 211 2000F: (8 5) 211 2222, E-mail: [email protected]

Department of Physical Education and Sports under the Government of the Republic of LithuaniaŽemaitės g. 6, LT-03117 VilniusT: (8 5) 233 53 53, F: (8 5) 213 32 21, E-mail: [email protected]

APPLICATION TO PARTICIPATE IN THE TENDERING PROCEDURE

(Date) (Number)

(Place)

MULTIFUNCTIONAL HEALTH, EDUCATION, CULTURE AND BUSINESS SUPPORT COMPLEX

As an expression of an interest in the possibility to implement the PPP project Multifunctional Health, Education, Culture and Business Support Complex, our organisation hereby submits its application to participate in the Tendering Procedure for the award of the Contract under the Tendering Conditions as published in Informaciniai pranešimai of [date], No. [number], and the Official Journal of the European Union No. [number] and on CVP IS on [date].

Šiuo tikslu pateikiame duomenis apie savo atitikimą išankstinės atrankos kriterijams.

General details4:

Name

Business ID

VATID

Registered office

Mailing address

4 Where a Tenderer acts as a group of economic operators, this information shall be provided about every member of the group. It shall also be required to specify which member acts as a lead member and is authorised to represent the group of economic operators.

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mailto:[email protected]


Responsible person (head of administration or authorised

person)5:

Title, name and surname

Contacts (address, e-mail address, telephone number,

etc.)

By submitting this application our organisation accepts all of the terms and conditions and requirements laid down in the Tendering Conditions and annexes thereof.

By submitting this application our organisation represents that it complies with the following pre-selection criteria in Annex Error: Reference source not found of the Tendering Conditions and produces the following supporting documents:

Pre-selection criterion6

Compliance with the criterion

(Yes/No)

Compliance supported by7

Our organisation provides the following details supporting the fact that the resources of its Sub-contractors and other economic operators, the capacities of which the organisation relies on to demonstrate its compliance with the pre-selection criteria, required to ensure the appropriate criteria shall be available to the organisation for the time need to implement the Contract:

Pre-selection criterion

Name, business ID, contact person of an economic operator the capacities of which are lied on to demonstrate compliance (if capacities of a different economic operator are to be used)

Evidence supporting the availability of the resources needed8

5 In the case of a group of economic operators, specify a person (persons) authorised to represent and act on behalf of the entire group.

6 Specify the number of the pre-selection criterion in accordance with Annex 4 of the Tendering Conditions.7 Specify documents supporting Tenderer compliance with a pre-selection criterion and number of pages. If compliance is based on the capacities of members of a group of economic operators, Sub-contractors or of other economic operators, specify their names.8 Provide agreements with economic operators regarding the availability of the resources required and evidence that these entities are able to provide these resources.

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In addition to the documents listed above, the following is also attached to the application:

1. Tenderer Declaration (Annex 8)

2. Confidentiality Commitment (Annex 15)

3. [Specify other documents submitted by the organisation, such as powers of attorney with regards to Tenderer representation, partnership agreements, etc.].

Other important information about compliance with the pre-selection criteria:

The organisation hereby represents that information provided in this application and documents attached to it are true and the digital copies of the documents submitted and information therein are true. The organisation hereby acknowledges that should it be ascertained this representation to be false, its application or the Preliminary, Detailed or Final Tender shall be rejected.

Please note that the sections listed below contain confidential information:

1.

2.

3.

4.

5.

If not specified which sections of the application contain confidential information, the Commission may disclose information on the application in its entirety.

(Title of the Tenderer or authorised person of the Tenderer)

(Signature) (Name and surname)

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SUBMISSION OF APPLICATIONS

In order to express its interest in participating in the Tendering Procedure carried out by the Awarding Authorities, a Tenderer must complete the application form in Annex 6 to the Tendering Conditions and attach documents listed below.

I. DOCUMENT CHECKLIST

DOCUMENT CHECKLIST:

No. Document checklist9

1. Document supporting authority of the representative for the Tenderer (power of attorney, job description, etc.)

2. A certificate issued by the Department of Information Technology and Communications of the Ministry of the Interior of the Republic of Lithuania or by the state enterprise Centre of Registers, or documents issued by a competent foreign institution, or declaration (on oath) confirming Tenderer compliance with the selection criterion under 1.1 of Annex Error: Reference source not found to the Tendering Conditions.These documents must be issued no earlier than 60 (sixty) days before the day of application submission, or their term of validity should include this date.

3. Where a Tenderer is a legal person registered in a foreign state, documents issued by a competent institution of that foreign country or declarations (on oath) confirming Tenderer compliance with the selection criteria under 1.2 of Annex Error: Reference source not found to the Tendering Conditions.These documents must be issued no earlier than 60 (sixty) days before the day of application submission, or their term of validity should include this date.

4. A certificate issued by the Department of Information Technology and Communications of the Ministry of the Interior of the Republic of Lithuania or by the state enterprise Centre of Registers, or documents issued by a competent foreign institution, or declaration (on oath) confirming Tenderer compliance with the selection criterion under 1.3 of Annex 4 to the Tendering Conditions.These documents must be issued no earlier than 60 (sixty) days before the day of application submission, or their term of validity should include this date.

5. Where a Tenderer is a legal person registered in a foreign state, a document issued by a competent institution of that foreign country confirming that the Tenderer has no outstanding tax obligations.These documents must be issued no earlier than 60 (sixty) days before the day of application submission, or their term of validity should include this date.

6. Where a Tenderer is a legal person registered in a foreign country, a document issued by a competent institution of that foreign country confirming that the Tenderer has no outstanding obligations related to social insurance contributions.These documents must be issued no earlier than 60 (sixty) days before the day of application submission, or their term of validity should include this date.

7. Copy of a qualification certificate (or equivalent document) or right recognition document issued by the Ministry of Environment of the Republic of Lithuania or the Centre for the Certification of Construction Products.

8. Tenderer Declaration completed in the form given in Annex 8 to the Tendering Conditions.

9. Confidentiality commitment competed in the form given in Annex 15 to the Tendering Conditions.

10. Partnership Agreement (if applicable).

9 Document list is provided for convenience purposes only based on the documents listed in Annex 4 to the Tendering Conditions.

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11. List of civil and installation works completed by the Tenderer (Annex 18 to the Tendering Conditions).

12. List of contracts properly completed by the Tenderer/in progress (Annex 19 to the Tendering Conditions).

13. Duly certified copies of profit (loss) statements for the past 3 (three) financial years, or from the date of registration of the Tenderer (if the Tenderer has been operating for less than 3 (three) financial years).

14. Certificates by the Tenderer that the agreements specified by the Tenderer have had been duly completed, or are being duly performed (Annex 20 to the Tendering conditions).

15. A letter from a commercial bank or some other financial institution stating the envisaged funding and/or decision by the Tenderer’s shareholders, or some other competent management body, to allocate the necessary funding, or some other evidence of the existence of this funding.

16. Description of professional duties of an expert (specialist) (Annex 22 to the Tendering Conditions).

17. Duly certified copies of documents supporting qualifications of experts (specialists).

18. Other documents which, in the opinion of the economic operator, could be useful in evaluating Tenderer compliance with the qualification criteria.

II. REQUIREMENTS FOR SUBMITTING APPLICATIONS

When submitting an application the Tenderer shall follow these requirements:

1. The application and accompanying documents shall be produced in the Lithuanian language. In the event that the application and accompanying documents are produced in a language other than Lithuanian, the Commission will request the Tenderer to translate the application and accompanying documents into Lithuanian within an additional time frame. In the event of discrepancies in the contents of the application and the accompanying documents and translations thereof, the text in Lithuanian shall take precedence. The authenticity of translations shall be certified by a signature of the translator, or by a signature of the authorised person of the economic operator, if any, and seal. The Tenderer shall be responsible for the accuracy of translations.

2. The application and other documents the economic operator intends to submit shall be signed by an authorised person of the economic operator. Documents issued by other institutions or persons shall be signed by a representative of the issuing authority or person.

3. The application and the accompanying documents (and all other documents requested by the Commission post submission of applications) shall be submitted by CVP IS means of communication in read-only files. The application shall be signed using a secure electronic signature thus validating the application. By submitting the documents so signed the Tenderer warrants that the electronic copies submitted are true. Documents or digital copies thereof submitted by the Tenderer shall be available in non-discriminatory open access file formats (e.g., PDF, jpg, etc.). The Commission shall have the right to determine whether the original documents or duly certified copies thereof need to be submitted.

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Vilnius City Municipal Government AdministrationKonstitucijos pr. 3, LT-09601 Vilnius T: (8 5) 211 2000F: (8 5) 211 2222, E-mail: [email protected]

Department of Physical Education and Sports under the Government of the Republic of LithuaniaŽemaitės g. 6, LT-03117 VilniusT: (8 5) 233 53 53, F: (8 5) 213 32 21, E-mail: [email protected]

TENDERER DECLARATION

(Date) (Number)

(Place)


By submitting this declaration the Tenderer hereby warrants that the Tenderer:

1. is not bankrupt, or being wound up, has not entered into an arrangement with its creditors (an arrangement with its creditors to continue the Tenderer’s operations, whereby the Tenderer assumes certain obligations and the creditors agree to postpone, reduce or withdraw their claims), has not suspended or limited its operations, and is not in any analogous or similar situation under the laws of the country where the Tenderer is registered;

2. is not the subject of restructuring or bankruptcy proceedings or out-of-court bankruptcy proceedings, or forced liquidation proceedings or analogous proceedings under the laws of the country where the Tenderer is registered.

3. is not guilty of any serious professional misconduct (violation of professional ethics where less than a year has passed from the moment the Tenderer was declared in breach of professional ethics, or violation of statutory provisions of competition, labour, occupational safety and health and/or environmental protection for which the Tenderer, acting as a legal person, was subjected to an economic sanction provided for by the laws of the Republic of Lithuania where less than a year has passed from the effective day of the decision imposing the sanction, also violation of Article 5 of the Law on Competition of the Republic of Lithuania, if less than 3 (three) years have passed from the effective date of the decision imposing the economic sanction envisaged in the Law on Competition);

4. is not in any way connected with the preparation of the Tendering Conditions, organisation of the Tendering Procedure, or preparation of the Project for implementation resulting in a potential breach of the principle of equal treatment; and

NOTE. If a group of economic operators participates in the public Tendering Procedure, the declaration shall be completed by each economic operator.



5. has not provided false information about its compliance with the requirements that the Awarding Authorities could prove by any legal means.

The Tenderer acknowledges and agrees that should this declaration be ascertained to be false the application or Tender by the Tenderer shall be rejected in accordance with item 7 of Article 10(4) of the Law on Concessions.

The Tenderer also acknowledges that the Tenderer is liable for the accuracy of information in this application as provided for by law.

(Title of the Tenderer or

authorised person of the Tenderer)


NOTE. If a group of economic operators participates in the public Tendering Procedure, the declaration shall be completed by each economic operator.


TENDER EVALUATION PROCEDURE AND CRITERIA

1. INITIAL EVALUATION

After the Tenderer has submitted its Tender the Commission shall evaluate the Tender in accordance with the procedure and against the criteria laid down in this annex. The evaluation procedures shall be conducted without participation of the Tenderers.

The Commission shall check whether:

1. the Tender submitted by the Tenderer covers the implementation of the Project in the scope required;

2. the Solution proposed by the Tenderer is valid, possible to implement and satisfies the requirements of the Tendering Conditions;

3. there is just one Tender and no alternative Tenders submitted;

4. the term of validity of the Tender is no shorter than required;

5. in the case of a Detailed Tender – an appropriate Tender Security has been submitted;

6. the Tender is free from arithmetic mistakes in the calculations of the Annual Remuneration, or of other revenue and expenditure described in the Tender. Should such mistakes be detected, the Tenderer shall be required to correct those within the time frame given; and

7. the Tender satisfies other requirements for Tenders established in the Tendering Conditions.

To evaluate a Tender each member of the Commission shall give a positive or negative evaluation of Tender compliance with the criteria established earlier. In the event that a Tender fails, i.e. a Detailed Tender fails to satisfy even one item referred to in 1–7 above, and a Preliminary or Final Tender fails to satisfy even one item referred to in 1–4, 6 and 7 above and/or the Tenderer fails to clarify its Tender within the time frame set by the Commission (in the event clarification is possible), the Tender shall be rejected and, in the case of a Detailed or Final Tender, the Tender shall be evaluated no further and the Tenderer that had submitted the Tender shall not be invited to participate in the subsequent tendering procedures and/or sign the Contract.

The Commission may request that a Tenderer specifies or clarifies its Preliminary or Detailed Tender within a reasonable time frame given without changing the essence of the Tender. Should the Tenderer fail to provide a specification or clarification of the Tender within the time frame given, or should the Tenderer change the essence of the Preliminary or Detailed Tender, any such Preliminary or Detailed Tender shall be rejected.

In the event that only one Detailed Tender satisfies the Tendering Conditions and the Commission gives a positive evaluation for this Tender (i.e. the Detailed Tender satisfies Items 1–7 of this annex referred to earlier), the Commission may immediately invite the Tenderer to negotiate and publish its decision in Informaciniai pranešimai and by CVP IS means of communication. In the event that more than one Detailed Tender satisfies the Tendering Conditions, these Tenders shall be evaluated against the evaluation criteria for Detailed and Final Tenders given below. Should the Commission invite more than one Tenderer to negotiate and submit the Final Tender, the Detailed and Final Tenders complying with the Tendering Conditions shall be evaluated against the evaluation criteria for Detailed and Final Tenders.

If requested by a Tenderer whose Tender was rejected as non compliant with the Tendering Conditions, the Commission shall specify, using CVP IS means of communication, the reasons behind the rejection of the Tender.

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2. DETAILED AND FINAL TENDER EVALUATION CRITERIA

All Detailed and Final Tenders complying with the Tendering Conditions shall be evaluated against the criterion of the most economically advantageous tender consisting of the following elements:

2.1. Evaluation criteria

In the case of a Detailed and Final Tender the criterion of the most economically advantageous tender shall consist of the following elements:

No. Evaluation criterion Brief description

Comparative weight in cost

benefit evaluation

1. Multifunctional Complex development costs (C)

Costs related to the development of the Multifunctional Complex, including the New Property, € inclusive of VAT

A=35

2.

Multifunctional Complex operating costs (exclusive of the operating costs related to the Commercial Activity) (O)

Multifunctional Complex operating costs include the costs related to service provision, operation, maintenance, reinvesting and administration attributable to the Multifunctional Complex throughout the Project term, except for the costs related to service provision, operation, maintenance, reinvesting and administration attributable to the Multifunctional Complex, its Object or the Additional Immovable Property while carrying out the Commercial Activity, € inclusive of VAT

B=15

3.

Amount (M2 + M3) of Annual Remuneration(K)

Annual Remuneration (payable by the Awarding Authorities to compensate for the provision of Services in the Multifunctional Complex (M2) and for the servicing costs related to events within the Public Cultural and Sports Events Infrastructure (M3)) throughout the Project term, € inclusive of VAT

C=15

4. Number of extra fixed seats within the Public Cultural and Sports Events

Number of extra fixed seats within the stadium of the Public Cultural and Sports Events Infrastructure in

D=5

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Infrastructure (T)excess of the minimum required of 15,000 fixed seats

5. Multifunctional Complex urban and architectural solution (G)

Multifunctional Complex urban and architectural solution

E=10

6. Multifunctional Complex functionality (P)

Multifunctional Complex functionality solution F=10

7. Business plan (V) Business plan rationale and acceptability G=10

2.2. Formula for calculating the cost benefit ratio (S)

The cost benefit ratio (S) is calculated by adding the scores for criteria (C), (O), (K), (T), (G), (P) and (V) given for the Detailed or Final Tender of the Tenderer:

The score for every criterion is calculated using the formulae given below.

2.2.1. Calculating criterion (C) score

Criterion (C) score is calculated by multiplying the ratio between the minimum development costs offered (Cmin) and the development costs offered in the Detailed or Final Tender under evaluation (C i) from the comparative weight of the criterion (A):

2.2.2. Calculating criterion (O) score

Criterion (O) score is calculated by multiplying the ratio between the minimum operating costs throughout the Project term offered (Omin) and the operating costs throughout the Project term offered in the Detailed or Final Tender under evaluation (Oi) from the comparative weight of the criterion (B):

2.2.3. Calculating criterion (K) score

Criterion (K) score is calculated by multiplying the ratio between the lowest value (Kmin) of the Annual Remuneration (M2 + M3) offered and the value of the Annual Remuneration (M2 + M3) offered in the Detailed or Final Tender under evaluation (Ki) from the comparative weight of the criterion (C):

2.2.4. Number of extra fixed seats within the Public Cultural and Sports Events Infrastructure (T)

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Criterion (T) score is calculated by allocating 0.001 point for every fixed seat offered in excess of the minimum required of 15,000 seats, but no more than for 5,000 fixed seats offered. For this reason the criterion (T) score cannot exceed 5 points defined as comparative weight (D) in the cost benefit evaluation.

2.2.5. Calculating criterion (G) score

Criterion (G) score is calculated by multiplying the ratio between the score for the urban and architectural solution under evaluation (Gi) and the highest score for the urban and architectural solution among all the Detailed or Final Tenders (Gmax) from the comparative weight of the criterion (E):

The score for the urban and architectural solution under evaluation (G i) is obtained when the Commission scores the acceptability of the solution to the Awarding Authorities. The criterion is subject to expert evaluation and the parameter value (Gi) of a particular Detailed or Final Tender is obtained by calculating the average of Gix scores given by each expert commissioned by the Commission. Each expert scores a Detailed or Final Tender on the scale between 0 and 100 (Gix).

The experts shall evaluate the urban and architectural solution offered against, inter alia, the following criteria:

Urban design concept (integration of the Multifunctional Complex into the Northern Target Territory of Vilnius City and the optimum development possibility for Vilnius City)

Architectural expression concept for the Multifunctional Complex (volumetric and spatial solution of modern and contemporary architecture, respect for the principles of sustainable development, connection to the surrounding historical and cultural heritage)

Indicative dimensions and shapes, height (number of storeys and their height) of the Multifunctional Complex and of individual Objects thereof, and of the Additional Immovable Property, materiality of façade surfaces and colour schemes (exterior solutions)

Taking into account, inter alia, these criteria an expert shall score Gix on a scale between 0 and 100. The higher the score, the better the criterion value. The descriptions of every score possible are given in the table below.

Evaluation Score Description

Excellent 80–100

The urban and architectural solution offered satisfies completely all evaluation criteria and ensures the needs stemming from the intended use of the Multifunctional Complex. The solution concept is consistent, comprehensive and fully meets the objectives of the Project. The arguments, solutions and descriptions provided are sound. The development solutions offered are optimum and the Objects are properly integrated into the surrounding environment.

Good 50-79

The urban and architectural solution offered meets the needs stemming from the intended use of the Multifunctional Complex. The solution concept meets the objectives of the Project. The development solutions offered are optimum and the Objects are properly integrated into the surrounding environment.

Average 30-49

The urban and architectural solution presented in the Tender only minimally meets the needs of the Awarding Authorities, the concept is incomplete with minor uncertainties or non-conformances to the provisions of the Specifications. The solutions presented are insufficiently detailed. The compliance of the solutions to the needs of the Awarding Authorities based on the evaluation criteria is insufficiently described.

Satisfactory

0-29 The description of how the requirements of the Specifications shall be met against this criterion is unconvincing, or poorly prepared, important architectural solutions

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are not described (or missing), often declarations are made of design specifications or terms of reference rather than the solutions how the requirements established shall be met. Information in the solution is incomplete, presented in a fragmented and inconsistent manner, there are doubts as to whether the architectural solution meets the requirements of the Specifications, fits in with the surrounding environment, ensures the needs of the Awarding Authorities and consumers. Reasonable suspicions arise that the compliance of the urban and architectural solution with he evaluation criteria is merely formal, insufficiently justified by the solutions presented. There is a risk that the expected deliverables under the appropriate evaluation criterion might not be produced.

2.2.6. Calculating criterion (P) score

Criterion (P) score is calculated by multiplying the ratio between the score for functionality solution under evaluation (Pi) and the highest score for the functionality solution among all the Detailed or Final Tenders (Pmax) from the comparative weight of the criterion (F):

The score for the functionality solution under evaluation (Pi) is obtained when the Commission scores the acceptability of the solution to the Awarding Authorities. The criterion is subject to expert evaluation and the parameter value (Pi) of a particular Detailed or Final Tender is obtained by calculating the average of Pix

scores given by each expert commissioned by the Commission. Each expert scores a Detailed or Final Tender on the scale between 0 and 100 (Pix).

The experts shall evaluate the functionality solution offered, inter alia, against the following criteria:

Land plot development scheme – principles – optimum use of the land plots, suggestions for the management of the land plots and landscaping (lowering, elevation, levelling, etc.)

Multifunctional Complex zoning and spatial solutions (rational zoning solution, functional and technological substantiation)

Location of public areas, visibility thereof, technical solutions and features that would enable the protection of the Multifunctional Complex infrastructure against acts of vandalism

Solutions for motor vehicle and pedestrian traffic management, parking on the land plots and beyond their boundaries

Object security during mass events, solutions ensuring safe evacuation of people

Object layout within the complex, functional links and the possibilities to organise activities anticipated in the Project flexibly

Multifunctionality and versatility of interior areas (spatial planning, connections between the areas, adaptation to the existing needs of the Awarding Authorities and for the provision of Public Services, adaptation to the changing needs of the Awarding Authorities and new opportunities to provide services, convenience of use, engineering systems, information and communication systems)

Interior and exterior functional solutions that enable convenient and safe use of the Objects by the disabled.

By taking into account, inter alia, these criteria an expert shall score Pix on the scale between 0 and 100. The higher the score, the better the criterion value. The descriptions of every score possible are given in the table below.


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Excellent 80–100

The solutions for the external motor vehicle transport management and parking both on the Land Plots and beyond their boundaries during normal operation and mass events are sound. The Multifunctional Complex infrastructure, including structure thereof, architectural and engineering infrastructure, information and communication systems, materials, finishes and installations and their interoperability is developed in a quality manner taking into account the requirements of sustainability and convenience of use. The technological, engineering and structural solutions offered meet the requirements established. The Objects and infrastructure of the Multifunctional complex are adapted to the changing needs of the Awarding Authorities and their final users. Both exterior and interior areas of the Multifunctional Complex are created in a way that makes them accessible and makes the entire infrastructure safe and convenient to operate. All premises and areas in the Multifunctional Complex are easy to find and convenient to reach for different users, including the disabled. The technical solutions presented with regards to simultaneous performance of different functions, activities within the Multifunctional Complex are sound. The solution fully meets the functional needs of the Multifunctional Complex and the New Property.

Good 50-79

The solutions for the external motor vehicle transport management and parking both on the Land Plots and beyond their boundaries are presented but they are not substantiated well enough, in particular when it comes to mass events. The solution presents the infrastructure of the Multifunctional Complex, including structure thereof, architectural and engineering infrastructure, information and communication systems, materials, finishes and installations, but their interoperability is not covered and there is no possibility to properly whether the Multifunctional Complex infrastructure developed is of adequate quality and respects the principles of sustainability and convenience of use. The technological, engineering and structural solutions offered meet the requirements established. The facilities and infrastructure of the Multifunctional complex are adapted to the needs of the Awarding Authorities and their final users, but there is no assessment of the possible changes to these needs. The solution includes the concept of both exterior and interior areas, but it is impossible to assess whether those areas will be accessible, whether it would be safe to operate the entire infrastructure. There are technical solutions presented with regards to simultaneous performance of different functions, activities within the Multifunctional Complex, but their justification is doubtful and based on unverified assumptions. The urban and architectural solution meets the functional needs of the Multifunctional Complex and the New Property.

Average 30-49

The Tender contains solutions that only minimally meet the needs of the Awarding Authorities, the concept is incomplete with minor uncertainties or non-conformances to the provisions of the Specifications making it impossible to understand to what extent the activities can be carried out, services provided and whether it will be convenient and safe for the users of the Objects. The compliance of the solutions to the needs of the Awarding Authorities based on the evaluation criteria is insufficiently described. The solution is incomplete with minor uncertainties or non-conformances to the provisions of the Specifications.

Satisfactory

0-29 Information in the Tender is incomplete, presented in a fragmented and inconsistent manner, there are doubts as to whether the technical solution satisfies the requirements of the Tendering Conditions, ensures the needs of the Awarding Authorities and consumers (users of the Multifunctional Complex). Reasonable suspicions arise that compliance of the Tender with the evaluation criteria is merely formal, insufficiently justified by the solutions presented. There is a risk that the expected deliverables under the appropriate evaluation criterion might not be produced. Information provided in the Tender about how the requirements of the Specifications shall be met against the respective criterion is unconvincing, or poorly

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prepared, important functional, engineering, technological solutions are not described (or missing). There is a risk that the expected deliverables under the appropriate evaluation criterion might not be produced.

2.2.7. Calculating criterion (V) score

Criterion (V) score is calculated by multiplying the ratio between the score for business plan rationale and acceptability under evaluation (Vi) and the highest score for business plan rationale and acceptability among all the Detailed or Final Tenders (Vmax) from the comparative weight of the criterion (G):

The score for the business plan rationale and acceptability (V i) is obtained when the Commission scores the acceptability of the business plan to the Awarding Authorities. The criterion is subject to expert evaluation and the parameter value (Vi) of a particular Detailed or Final Tender is obtained by calculating the average of Vix scores given by each expert commissioned by the Commission. Each expert scores a Detailed or Final Tender on the scale between 0 and 100 (Vix).

The experts shall evaluate the business plan rationale and acceptability, inter alia, against the following criteria:

Strategy, vision and mission of the Commercial Activity, rationale, short-term and long-term goals and expected deliverables

Criteria for the Commercial Activity, target clients and audience, measures ensuring event planning, organisation and occupancy, uniqueness of the Commercial Activity, popularity of the Commercial Activity (events, sports events, concerts) and volume

Commercial Activity indicators (occupancy, attractiveness and visibility of the Multifunctional Complex)

Commercial Activity market analysis, understanding and evaluation of analysis results; forecasts and their justification through concrete calculations in the Financial Business Model; the practicability of the Commercial Activity and ability to generate revenues and the occupancy of the Multifunctional Complex; marketing and pricing instruments and principles

Actual possibilities of cooperation with event planners and customers, possibilities to attract and ensure unique and high-profile international events, sports games and performances; ability to maintain stable occupancy and traffic to the Multifunctional Complex

Understanding of risk factors related to the provision of Services and justification of the risk analysis; evaluation of competition and measures to ensure and enhance the competitive advantage

Compatibility of the Commercial Activity with the provision of Public Services

By taking into account, inter alia, these criteria an expert shall score Vix on the scale between 0 and 100. The higher the score, the better the criterion value. The descriptions of every score possible are given in the table below.


Excellent 80–100

The Tenderer has clearly and in a detailed manned identified Services to be provided and the Commercial Activity to be carried out, has clearly formulated a real vision and mission and a strategy that fully meets the needs of not just the Awarding Authorities but also of the general public (users of the Multifunctional Complex). The Tenderer has clearly identified target audience of the Multifunctional Complex, defined real and enforceable measures to ensure full occupancy of the Multifunctional

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Complex, organise unique and high-profile international events, sports games, performances. The goals set ensure the optimum achievement of the deliverables expected. There is a demonstrated ability to ensure occupancy of the Multifunctional Complex, attract international and high-profile events, ensure revenues from the activities carried out, also clear identification of market needs and marketing tools.

Good 50-79

The Tenderer has identified the Services it intends to provide and the Commercial Activity it intends to carry out, presented its vision and mission that meet the needs of the Awarding Authorities. The measures covered, however, do not ensure full occupancy of the Multifunctional Complex, organisation of international events, internal sports games or performances. The goals set ensure the optimum achievement of the deliverables expected and there is a demonstrated ability to ensure occupancy of the Multifunctional Complex and generate revenue from the activities carried out.

Average 30-49

The Tenderer has insufficiently identified the Services it intends to provide and the Commercial Activity it intends to carry out, the criteria defining the same are insufficiently detailed, there is no definition of possible occupancy of or the traffic the Tender intends to attract to the Multifunctional Complex. The measures covered allow the conclusion that the Multifunctional Complex will be occupied to some but not the fullest extent. There are no plans to organise international events, sports games or performances.

Satisfactory 0-29

The circumstances and possibilities for pursuing the Commercial Activity are overly generalised, there is no indication of clear measures, market, events plan or expected occupancy of the Multifunctional Complex. The strategy for service provision is described in a fragmented manned and in insufficient detail, the application of the strategy to achieve project goals is unjustified. There is no description of the expected deliverables of service provision, target groups or the needs of the target groups.

3. EVALUATION OF DETAILED AND FINAL TENDERS AND RANKING OF TENDERS

The Commission shall evaluate all Detailed and Final Tenders against the evaluation criteria as defined earlier. The ranking of Tenders shall be made starting with the most economically advantageous tender to the least economically advantageous tender. In the event that several Tenders are equally economically advantageous, in the ranking of Tenders the Tenderer who had submitted its Tender the earliest shall be included the first. The ranking of tender shall be published in Informaciniai pranešimai. The outcome of the evaluation procedure, ranking of Tenders and the Tenderer(s) invited to negotiate shall be communicated to the Tenderers who express interest through CVP IS means of communication within 5 (five) business days after the end of the evaluation procedures.

The Tender who had submitted the most economically advantageous Detailed Tender shall, together with a notice of the outcome of the evaluation procedures, receive an invitation to negotiate. The Commission may also invite the Tenderer ranked second in the ranking of Tenders by the most economically advantageous tender to negotiate in accordance with the procedure laid down in Item 107 of the Tendering Conditions.

The Tenderer who submits the most economically advantageous Final Tender shall be invited to sign the Contract.

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SUBMISSION OF TENDERS

Applications and the accompanying documents shall be produced in the Lithuanian language. In the event that the application and accompanying documents are produced in a language other than Lithuanian, the Commission will request the Tenderer to translate the application and accompanying documents into Lithuanian within an additional time frame. In the event of discrepancies in the contents of the application and of the accompanying documents and translations thereof, the text in Lithuanian shall take precedence. The authenticity of translations shall be certified by the translator or an authorised person of the economic operator.

The Tender and other documents shall be signed by an authorised person of the Tenderer. The Tender shall be accompanied by the documents evidencing the person’s authority to sign on behalf of the Tenderer in cases when the Tender is signed by a different person to the one who signed the application (and these documents had not been submitted earlier). All documents issued by other authorities or persons shall be signed by a representative of the issuing authority or by the issuing person.

The Tender together within the accompanying documents may only be submitted via CVP IS means of communication in a read-only electronic format (unless the Tendering Conditions would require to submit a specific document in some other format). The description of the procedure for submitting Tenders can be found at: http://www.cvpp.lt/index.php?fileid=68&task=download&option=com_quickfaq&Itemid=71.

The Tender shall be shall be signed using a secure electronic signature thus validating the entire Tender. There shall be no need to sign each document separately. By submitting the documents so signed the Tenderer warrants that the electronic copies submitted are true. The Commission may request that the Tenderer produces just original documents or duly certified copies thereof (certified by a signature of the head of administration or the Tenderer, or some other authorised person, and seal, if available, with an indication of date, name and surname, title, of by an authorised public body, or certified in accordance with the procedure provided for by legislation of the Tenderer’s country of origin).

The original Tender Security and any extensions thereof as might be requested in cases stipulated in these Tendering Conditions shall be delivered to the Commission until the last day of the deadline for submission of Detailed Tenders at [address]. The Tender may produce its Tender Security in an electronic format delivered in a separate file via CVP IS means of communication and signed by an original secure electronic signature of the issuing bank in compliance with the requirements of the Law on Electronic Signature of the Republic of Lithuania. The Contracting Authority has to be able to verify easily the secure electronic signature of the bank issuing the Tender Security.

Before submitting the Tender Security or an extension thereof, the Tenderer may contact the Commission to obtain confirmation with regards to the acceptability of the security. Replies to such inquiries shall be provided by the Commission via CVP IS means of communication within 3 (three) business days from the day of receipt of the respective inquiry.

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Vilnius City Municipal Government AdministrationKonstitucijos pr. 3, LT-09601 Vilnius, Phone: (8 5) 211 2000Fax: (8 5) 211 2222, E-mail: [email protected]

The Department of Physical Education and Sports under the Government of the Republic of LithuaniaŽemaitės g. 6, LT-03117 Vilnius, Phone: (8 5) 233 53 53, Fax: (8 5) 213 32 21, E-mail: [email protected]

[PRELIMINARY/DETAILED /FINAL]TENDER

(Date) (number)

(Place)


Name of the Tenderer10

Legal entity code

VAT payer code

Registered office address

Correspondence address

By submitting this [Preliminary/Detailed /Final] Tender, we confirm that we have thoroughly considered the Tendering Conditions published in the Official Journal of the European Union, appendix Informaciniai pranešimai (Information Notices) to Valstybės Žinios (Official Gazette), and CVP IS, as well as other documents provided and have satisfied ourselves that the information necessary for us to submit such a[Preliminary/Detailed /Final] Tender is sufficient, accurate, and comprehensive. We confirm hereby that we have evaluated our available and accessible financial resources and economic efficiency of the Project and have formed a substantiated Financial Business Model.

We provide the following proposals on the implementation of the Project:

10 If the Tenderer operates as a group of economic entities, this information must be indicated in respect of all the members of the group. It is also necessary to specify which member is the leading member and is authorised to represent the group.

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The terms of and requirements for the implementation of the Project

Proposals

Solution

Notes, proposals, and comments on the terms of

the Contract

Financial Business Model

Other proposals which, in the opinion of the

Tenderer, are important for the implementation of

the Project

Note: The proposals may be provided in appendices separate from this Tender, with a summary of the proposal presented in the table and precise reference to the document or its part containing the detailed proposal.

The costs of the establishment of the Multifunctional Complex and the New Property proposed by us are as follows:

Item No

Excluding VAT Including VAT

1. The costs of the establishment of the Multifunctional Complex and the New Property

The costs of the maintenance of the Multifunctional Complex over the whole period of the Project proposed by us are as follows:

Item No

Excluding VAT Including VAT

1.The costs of the maintenance of the infrastructure of the Multifunctional Complex over the whole period of the Project

The amount of the Annual Remuneration (compensation of the provision of the Services of the Multifunctional Complex paid by the Awarding Authorities) over the whole period of the Contract is as follows:

Item No

The Annual Remuneration excluding VAT

The Annual Remuneration including VAT

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1.The Annual Remuneration payable by the Awarding Authorities to the Project Company (the amount for the whole period)

The part of the amount of the Annual Remuneration (compensation of the provision of the Services of the Multifunctional Complex paid by the Awarding Authorities) over the whole period of the Contract attributable to the obligations of the DPES and the Municipality:

Item No

The Annual Remuneration excluding VAT

The Annual Remuneration including VAT

1.The part of the amount of the Annual Remuneration over the whole period of the Contract attributable to the DPES

2.The part of the amount of the Annual Remuneration over the whole period of the Contract attributable to the Municipality

The structure of payments of the Annual Remuneration:

The payment

part11

Measurement unit

Year

1 2 ... N-1 N12

[specify the payment

part]

[specify the measurement

unit]


part]


unit]


part]


unit]

Total13:

Note: The specified Annual Remuneration includes all our expenses and payable taxes/charges.

As an integral part of the [Preliminary/Detailed/Final] Tender, we attach hereto the Financial Business Model drawn up in accordance with the requirements specified in Annex 16 to the Tendering Conditions, wherein we financially (economically) substantiate our investment objectives and provide an evaluation of return on investment and other efficiency indicators. We also specify and substantiate therein the funds necessary for the implementation of the Contract, funding sources and terms.

11 The payment parts are presented from the results calculated in Form A.2.2 of the Financial Business Model.12 The last period (year) of the Contract for which the Annual Remuneration is paid.13 The total amount of the payment parts of the payment structure over the whole period of validity of the Contract must be equal to the Annual Remuneration specified in the Tender.

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Besides, as an integral part of the [Preliminary/Detailed/Final] Tender, we attach hereto the Solution in accordance with the requirements of the Tendering Conditions.

For the execution of the Contract, we will engage the following Subcontractors:

Name of the Subcontractor

The part of the Contract for the implementation of which the Subcontractor is engaged

The data proving the capacities of the Subcontractor to implement the part of the Contract commissioned to the Subcontractor

We provide proposals on the Contract, both newly provided and those provided before the submission of this Detailed14 Tender, as well as their detailed and reasoned explanations, in the text of the draft of the Contract with tracked changes, which we attach to the Tender.

By submitting this [Preliminary/Detailed /Final] Tender, we confirm that the Works and the Services offered by us fully comply with the requirements established in the Tendering Conditions and in legal acts effective in the Republic of Lithuania, and that the digital copies of the documents and data being submitted together with the [Preliminary/Detailed /Final] Tender are true.

[Together with this Detailed Tender], we submit the following performance security of this Tender:

(specify the security method, amount, documents, and guarantor or surety)

The [Preliminary/Detailed /Final] Tender is effective until

Item No Titles of the documents attached:

Number of pages of the document

1. The Financial Business Model (and documents substantiating it)

2. [Proposals for the draft of the Contract, clarifications and their explanations (provided in the text of the Contract, clearly marking them or using the “track changes” or similar feature in the text editor]15

3. List of affiliated companies

4. [Specify the other documents]

14 No proposals for the Contract are provided with the Final Tender. If proposals for the draft of the Contract were already provided together with the Preliminary Tender, these proposals must also be provided together with the Detailed Tender.15 To be submitted only with the Preliminary Tender or the Detailed Tender.

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(Position of the Tenderer or his

authorised representative)


72


Vilnius City Municipal Government AdministrationKonstitucijos pr. 3, LT-09601 Vilnius, Phone: (8 5) 211 2000Fax: (8 5) 211 2222, e-mail: [email protected]


PERFORMANCE SECURITY (Guarantee) OF THE DETAILED TENDER

(Date) (number)

(Place)

The Client, [insert the name of the Tenderer; company code, address; in the case of a group of economic entities, specify the full names of the members with indication of the responsible member, or mark that the Tenderer submits the tender on behalf of joint activity, which submits the tender, with indication of the date and number of the joint activity agreement], has submitted the Detailed Tender for participation in the [title of the Tendering Procedure] Tendering Procedure.

[Name, company code of the Guarantor][represented by the [name of the branch] branch] [address], (hereinafter referred to as “the Guarantor”), on the terms established in this Guarantee, irrevocably undertakes to pay Vilnius City Municipal Government Administration and the Department of Physical Education and Sports under the Government of the Republic of Lithuania (hereinafter referred to as “the Authorities”), in equal parts, a total of not more than [amount in figures], ([currency name, amount in words]), upon the receipt of the first written payment demand of the Authorities (original copy) with indication of the Guarantee No [specify the number of the Guarantee]. The Authorities shall not be obliged to substantiate their demands but have to indicate in their letters that the amount demanded is payable to them under one or several conditions established below:

1. The Client revokes or amends his Detailed Tender or Final Tender during its validity period, after the expiration of the time limit for the submission of the Detailed Tender or the Final Tender;

2. The Client, without a valid reason, fails to participate in the negotiations or unreasonably refuses to sign the minutes of the negotiations;

3. When invited to submit the Final Tender, the Client fails to submit it before the established deadline for the submission of the Final Tenders.

4. Upon becoming the successful Tenderer, the Client:4.1. Fails to sign the Contract or refuses to do so within the time limit established by the

Authorities;4.2. Within the time limit established in the Contract, fails to fulfil the Conditions Precedent for

the Entry into Force of the Contract.Any written notifications should be presented by the Authorities to the Guarantor together with the

confirmation of the banks servicing the Authorities that the signatures are authentic.This obligation shall be binding upon the Guarantor and upon the legal successors thereof and has

been attested with the seal of the Guarantor [the issuance date of the Guarantee].

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The Guarantor shall assume obligations only towards the Authorities; therefore, this Guarantee shall be non-negotiable and non-pledgeable.

This Guarantee shall be valid until [the date of the validity of the Guarantee, not shorter than the date of the validity of the Detailed Tender or the Final Tender plus additional 10 (ten) business days].

All the obligations of the Guarantor to the Authorities under this Guarantee shall expire if:1. By the last date of the validity period of the Guarantee, the Guarantor has not received, by the

aforementioned address, the written demands of the Authorities for payment (original copy) and the confirmations of the banks servicing the Authorities that the signatures are authentic;

2. The Contract has been concluded and has entered into force;3. The Tendering Procedure has been terminated;4. The tenders of the Client for the Tendering Procedure have been rejected and the rejection is

not appealed against in accordance with the procedure established by the laws of the Republic of Lithuania.

2. The original copy of the Guarantee with remarks of the Authorities stating the following is returned to the Guarantor:

2.1. The Authorities waive their rights under the Guarantee; or2.2. The Client has fulfilled the obligations provided for in this Guarantee.

Any requirements of the Authorities to pay will not be executed if they are received by the aforementioned address of the Guarantor after the expiration of the validity period of the Guarantee.

This Guarantee shall be subject to the law of the Republic of Lithuania. Disputes of the parties shall be resolved in accordance with the procedure established by the laws of the Republic of Lithuania.

L. S. (position of the authorised

person)

(Signature) (initial of the name and

surname)

74



PERFORMANCE SECURITY(Guarantee)

(Date) (number)

(Place)

The obligations of the Client [insert the name, company code, and address of the Project Company] under Concession Contract No [number] (hereinafter referred to as “the Contract”) signed with Vilnius City Municipal Government Administration and the Department of Physical Education and Sports under the Government of the Republic of Lithuania (hereinafter referred to as “the Authorities”), and [insert the name, company code, and address of the Concessionaire] regarding [object of the Tendering Procedure] must be secured by the performance security of the Contract.

[Name, company code of the Guarantor][represented by the [name of the branch] branch] [address], (hereinafter referred to as “the Guarantor”), on the terms established in this Guarantee, irrevocably undertakes to pay the Authorities, in equal parts, not more than [amount in figures], ([currency name, amount in words]), upon the receipt of the first written payment demands of the Authorities (original copy) with indication of the Guarantee No [specify the number of the Guarantee], confirming that the Client has failed to fulfilled or improperly fulfilled the obligations under the Contract, with indication of the obligations that were not fulfilled or were fulfilled improperly.

This obligation shall be binding upon the Guarantor and upon the legal successors thereof and has been attested with the seal of the Guarantor [the issuance date of the Guarantee].

The Guarantor shall assume obligations only towards the Authorities; therefore, this Guarantee shall be non-negotiable and non-pledgeable.

Any written notifications should be presented by the Authorities to the Guarantor together with the confirmation of the banks servicing the Authorities that the signatures are authentic.

This Guarantee shall enter into force upon the entry into force of the Contract to full extent.This Guarantee shall remain in force [validity date of the Guarantee].All the obligations of the Guarantor under this guarantee shall expire if:

1. By the last date of the validity period of the Guarantee, the Guarantor has not received, by the aforementioned address, the written demands of the Authorities for payment (original copy) and the confirmations of the banks servicing the Authorities that the signatures are authentic;

2. The original copy of the Guarantee with remarks of the Authorities stating the following is returned to the Guarantor:

2.1. The Authorities waive their rights under the Guarantee; or2.2. The Client has fulfilled the obligations provided for in this Guarantee.

Any requirements of the Authorities to pay will not be executed if they are received by the aforementioned address of the Guarantor after the expiration of the validity period of the Guarantee.

This Guarantee shall be subject to the law of the Republic of Lithuania. Disputes of the parties shall be resolved in accordance with the procedure established by the laws of the Republic of Lithuania.

75

L. S. (position of the authorised

person)

(Signature) (initial of the name and

surname)

76


Draft of the Concession Contract

To be provided as a separate document

77


PROCEDURE FOR THE CONSIDERATION OF DISPUTES

If an economic entity or a Tenderer considers that the actions or decisions of the Commission infringe or will infringe its lawful interests, the economic entity/the Tenderer may lodge a claim to the Commission in respect of the actions of or decisions taken by the Commission which, in the opinion of the economic entity or the Tenderer, infringe its lawful interests.

The claim may be submitted to the Commission either by fax, correspondence means of CVP IS, or via a courier against signature within the following time limits:

1. 15 days from the day of the dispatch of the written notice of the Commission regarding its decision to the economic entity or the Tenderer; or

2. 10 days from the day of the announcement of the decision of the Commission in those cases when the Law on Concessions does not require that the economic entity should be informed in writing of decisions taken by the Commission.

The Commission will consider the claim only in case when it is received without infringing the aforementioned time limits and before the day of the publication of the notice of the decision to conclude the Contract in Informaciniai pranešimai (Information Notices) and correspondence means of CVP IS. During the period of the consideration of the claim, the procedures of the Tendering Procedure shall be suspended. The Commission must consider the claim and take a reasoned decision not later than within 5 (five) business days from the day of its receipt and, not later than the next business day, by the correspondence means of CVP IS, must provide the decision to the Tenderer who lodged the claim as well as inform the other interested Tenderers of the decision taken. Where required, the Commission will also inform of the change in the previously announced time limits of the procedure of the Tendering Procedure due to the consideration of the claim.

If the Commission does not satisfy the claim, the economic entity or the Tenderer have the right to appeal to court in accordance with the procedure established by the Law on Concessions. The economic entity or the Tenderer may appeal to court in accordance with the procedure established by the Law on Concessions also without lodging a claim to the Commission.

78





CONFIDENTIALITY COMMITMENT

With the purpose of participating in the Tendering Procedure of the Awarding Authorities in respect of the implementation of the project “Multifunctional Health, Education, Culture and Business Support Complex” (hereinafter referred to as “the Project”) and to receive confidential information related to the Project being implemented and the procedures of the Tendering Procedure,

(hereinafter referred to as “the Tenderer”)

hereby undertakes the confidentiality obligations stated below:

1. The Tenderer undertakes to keep confidential any information received from the Awarding Authorities or the Commission during the Tendering Procedure, to protect such information as its own commercial secrets, however, in any case, while applying confidentiality protection not lower than that which would be applied by an average prudent businessman and not to disclose the confidential information to any third parties, except for the cases when such confidential information:

1.1. Is publicly known or publicly available;

1.2. Is received from third parties without assuming any confidentiality obligations toward the person who disclosed the information;

1.3. Should be disclosed to third parties with the purpose of the participation of the Tenderer in the Tendering Procedure or execution by the Tenderer of the Contract for the implementation of the Project provided that the third parties assume confidentiality obligations which, by their scope, are not less strict than the confidentiality obligations provided for in this Confidentiality Commitment (if the third parties disclose the confidential information of the Awarding Authority or the Commission, the Tenderer shall be responsible for the actions of the third parties as for his own);

1.4. Was independently created by the Tenderer without using the confidentiality information of the Awarding Authority or the Commission, or was previously known to the Tenderer;

1.5. Must be disclosed to state authorities in accordance with effective legal acts, provided that the Tenderer disclosed to the state authorities the minimum possible amount of the confidential information, took all measures provided for in legal acts in order to ensure that the state authority,

79

which received the information, keeps the received information as confidential, and immediately informed the Awarding Authorities or the Commission of such disclosure.

2. The confidentiality obligations provided for in this Commitment shall be effective both during the performance of the procedures of the Tendering Procedure and after the end of those procedures (without time limit).

3. This Commitment forms legally binding obligations to the Tenderer. They shall be subject to the law of the Republic of Lithuania. Any disputes relating to the execution of the Commitment shall be resolved in courts of the Republic of Lithuania according to the registered office address of the Municipality.

(Position of the Tenderer or his authorised representative)


80


REQUIREMENTS FOR THE FINANCIAL BUSINESS MODEL

To be provided as a separate document

81



[date], No [number]Vilnius City Municipal Government AdministrationKonstitucijos pr. 3, LT-09601 Vilnius, Phone: (8 5) 211 2000Fax: (8 5) 211 2222, e-mail: [email protected]


LIST OF AFFILIATED COMPANIES

Taking into account the requirement of the Tendering Conditions, submitting the Tender for participation in the Tendering Procedure for the selection of the Concessionaire for the implementation of the PPP project “Multifunctional Health, Education, Culture and Business Support Complex”, we hereby submit the following list of the companies affiliated with us as the Tenderer:

The companies affiliated with [name of the Tenderer]:

Affiliation:

1.

2.

Affiliated Company, in this case, shall mean any company, partnership, limited liability company, foundation or another entity (legal or non-legal entity) that is under direct or indirect control of the Tenderer (or its members) or that has direct or indirect control over the Tenderer (or its member), or that is under joint direct or indirect control of another entity together with the Tenderer through the right of ownership, capital share, or exercise of the legal requirements applicable to such a controlled company.Control shall mean a dominating impact on another economic entity, either directly or indirectly, through the right of ownership, participating financially otherwise, or stipulating participating rules in that entity, i.e. when:

1. Holding more than a half of the shares or other equity securities issued by such a controlled company; or

2. Holding more than a half of the votes granted by the shares or other equity securities issued by the controlled company; or

3. Having the ability to appoint or elect more than a half of the members of a management or another body (except for the meeting of members) of the controlled company; or

4. Availability of a concluded agreement under which the controlled company undertook to implement decisions or instructions of the controlling company; or

82

5. Availability of the right of claim to more than a half of the assets, profits or residual claim of the controlled company.

We understand and agree that if it transpires that the List of Affiliated Companies provided by us is incorrect, or in case of failure to update the List within a reasonable time in the case of change of those Affiliated Companies, our Preliminary/Detailed/Final Tender may be rejected and we may be excluded from further participation in the Tendering Procedure.



83


LIST OF WORKS PERFORMED

Item No Name of works

Value of works performed(EUR, '000

excluding VAT)

The Customer

[specify the year]1.......

Total [specify the year][specify the year]




Total [specify the year]TOTAL

84





LIST OF CONTRACTS BEING IMPLEMENTED OR COMPLETED PROPERLY

Preliminary Selection Requirement No Date of conclusion and title of the contract

In the Annex to the Tendering Conditions,

Annex Error:Reference source not

found, Table “III. Requirements for

technical and professional capacity”,

Paragraph 3.1

In the Annex to the Tendering Conditions,

Annex Error:Reference source not

found, Table “III. Requirements for

technical and professional capacity”,

Paragraph 3.2

85





CERTIFICATE OF THE CONTRACTS BEING IMPLEMENTED OR COMPLETED BY THE PARTICIPANT

We hereby provide information on the contracts being implemented or completed by the Tenderer, which prove the compliance of the Tenderer with the preliminary selection requirements specified in the Annex to the Tendering Conditions, Annex Error: Reference source not found, Table “III. Requirements for technical and professional capacity”, Paragraphs 3.1 and 3.2:

Tenderer

The economic entity or Subcontractor whose

capacities are referred to16

Qualification requirement

[Specify the preliminary selection requirement, in respect of which information on the project complying with the requirement is provided]

Project item number [To be numbered in sequence starting from 1]

Information Answers

Title of the contract

Place of the performance of works (provision of

services)

Description of the works or provision of services

The Customer

Contact information of the Customer

16 If the Tenderer refers to the capacities of another economic entity or subcontractor, the Tenderer, in accordance with the procedure established by the Tendering Conditions, must submit documents proving the reference to these capacities.

86

Duration of the contract

Description of the structure in which the

works were performed or services were

provided

Confirmation in respect on the suitability of the

works or provision of services and compliance

with the requirements of the contract and legal

acts

The end of the proper fulfilment of the contract

of works

Contract model [Specify the contract structure: e.g., PPP, design and construction, construction, or other]

Other information [Other information which, in the opinion of the Tenderer, is important in evaluating the qualification of the Tenderer]



87





LIST OF THE ACTIVITIES (EVENTS) OF THE PARTICIPANT

Item No Event

PeriodType of the event

start end

1.

2.

3.

Description of the event

Item No

Number of spectators

of the event

Customer of the event; venue of the event

Functions of the Tenderer during the event

Amount of income received for the event (excluding VAT)

1.

2.

3.

Other information which, in the opinion of the Tenderer, must be provided to the Commission in order to evaluate compliance with the requirement specified in the Annex to the Tendering Conditions, Annex Error: Reference source not found, Table “III. Requirements for technical and professional capacity”, Paragraph 3.3:

88

Item No

Titles of the documents attached: Number of pages of the document

1. The certificate attested by the Tenderer specifying the average income of the Tenderer in accordance with the requirement specified in the Annex to the Tendering Conditions, Annex Error: Reference source not found, Table “III. Requirements for technical and professional capacity”, Paragraph 3.3 (Sub-paragraph 2)

2.

3.

4.



89



CURRICULUM VITAE OF THE SPECIALIST

Key informationName and

surname

Address

Phone number and e-mail

Employer

Education

Work experience

Period Organisation (full name and address)

Description of the practical activities in structures attributable to the group of special structuresstart end

Experience of design management in a completed sports structure of UEFA Category 4 or equivalent

Period Project name (category), type,

number of spectators, and

venue

Position and character of

activities

Experience proving

documents

Document proving the end of the

projectstart end



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ADDITIONALLY ATTACHED DOCUMENTS

1. The extract from the Real Property Register regarding the Land Plot, Cadastral No 0101/0020:212, Unique No 4400-0842-8751, and the Stadium Structures (Unique No 1300-2038-7016) Ozo g. 27, Vilnius (structure under construction);

2. The extract from the Real Property Register regarding the Land Plot, Cadastral No 0101/0020:211, Unique No 4400-0841-3080), and the Site.

3.

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