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CONDITIONS OF

INVESTOR SELECTION

FOR THE GOVERNMENT AND PRIVATE ENTITY PARTNERSHIP

PROJECTS' DEVELOPMENT OF MILITARY UNIT IN ŠILALĖ DISTRICT,

PAJŪRIS TOWN, DEVELOPMENT OF MILITARY UNIT IN ROKANTIŠKĖS

VILLAGE (VILNIUS DISTRICT) AND DEVELOPMENT OF MILITARY UNIT

IN ŠIAULIAI REGION, IMPLEMENTATION THROUGH ANNOUNCED

NEGOTIATIONS

Vilnius,2019

Development of military unit in Šilalė district, Pajūris town, development of military unit in Rokantiškės village (Vilnius district) and development of military unit in Šiauliai region

CONTENTS

I. INFORMATION ABOUT THE IMPLEMENTED PROJECT............................................................1II. GENERAL PROVISIONS...........................................................................................................12

1. Public entity................................................................................................................123. Essential Project implementation requirements..........................................................144. Information on Investor selection...............................................................................145. Clarification and explanation of conditions................................................................156. Breached rights protection procedure.........................................................................16

III. EXECUTION OF ANNOUNCED NEGOTIATIONS......................................................................161. The course of the negotiations and the indicative timetable.......................................162. Submission of the application.....................................................................................19

Subjects that can provide an application....................................................................19Content of the application...........................................................................................20Application provision term.........................................................................................20

3. Qualification inspection and qualification selection...................................................204. Submitting the Preliminary bid...................................................................................21

Content of the Preliminary bid...................................................................................21Deadline for submission of Preliminary bid...............................................................24Preliminary bid validity term......................................................................................24Presentation of the bid to the Commission.................................................................24

5. Negotiations................................................................................................................256. Document harmonization............................................................................................287. Submitting the Final bid.............................................................................................298. Final bid evaluation....................................................................................................319. Conclusion of the contract..........................................................................................32

IV. EXPENSES OF PARTICIPATION IN ANNOUNCED NEGOTIATIONS..........................................34

2


ANNEXES:

. Used terms

. Technical specifications

. Submission of requests

. Qualification requirements1. Submission of the application . Application form. Qualification assessment and qualification selection procedure . Candidate declaration form. Confidentiality obligation form. Form for asset management and maintenance services list2. Form for construction and installation works' list. Requirements for technical-engineering information. Requirements for the financial activity model. Requirements for legal information. Requirements for infrastructure creation, Service provision and Contract management plan. Bid evaluation procedure and criteria. Submission of bids. Bid form. Form for the list of associated companies. Contract draft. Bid validity and contract performance assurance forms. Dispute resolution procedure

3


I. INFORMATION ABOUT THE IMPLEMENTED PROJECT

1. SHORT DESCRIPTION OF THE PROJECTS AND PRESENTATION OF THE AREA IN WHICH THE PROJECTS ARE IMPLEMENTED

Projects are implemented by the Public entity in accordance with the __ of December, 2018 decree of the Government of the Republic of Lithuania No. “On the implementation of public-private sector partnership projects of the Ministry of Defense”. The projects of military units in Šilalė and Vilnius districts, as well as Šiauliai city, aim to increase the combat capabilities of the Republic of Lithuania for the protection and defense of the sovereignty, integrity and inviolability of the Republic of Lithuania.

Projects to be implemented fall under the scope of national defense activities.

The Projects are implemented as a Public and Private Partnership (hereinafter - PPP) in order to select the Investor or Investors, according to the order, specified in the Conditions, who will have to establish a Private entity / Private entities for the implementation of the Projects before signing the Contract. Private entity / Private entities will be transferred the Works execution and Service supply activities.

2. PROJECT IMPLEMENTATION CONTEXT, THE NEED IN THE PROJECTS AND THEIR IMPORTANCE

Pečiulionis Artillery and Vaidotas and Margiris infantry battalions do not have the appropriate infrastructure for permanent deployment and are temporarily deployed in the territories of other military units.

Project implementation is in line with the main strategic planning documents in the field of public order:

- The Government of the Republic of Lithuania program implementation plan for country defense systems in 2017-2020 priority works and actions, V priority - Safe country, 5.1. direction Strengthening and developing the protection system, 5.1.3 work - creating infrastructure, needed for the development of Lithuanian Armed Forces (hereinafter - LAS) and accepting county's support needs, 7 action Military infrastructure battalion size unit installation in Rokantiškės, by attracting private sector funds has identified, that the infrastructure in question should be started to be built prior to the end of 2020 III quarter, by attracting private sector funds

The Government of the Republic of Lithuania program implementation plan for country defense systems in 2017-2020 priority works and actions, V priority - Safe country, 5.1. direction Strengthening and developing the protection system, 5.1.3 work - creating infrastructure, needed for the development of LAS and accepting county's support needs, 5 action Constant infrastructure preparation for the new military units of the Motorized infantry brigade "Žemaitija" by attracting private sector funds, has identified, that the infrastructure in question should be started to be built prior to the end of 2020 III quarter, by attracting private sector funds

Demand for infrastructure developed for the Šilalė Military unit project consists of:- Soldiers of Šilalė Military unit - 769;

1CONDITIONS FOR INVESTOR SELECTION BY ANNOUNCED NEGOTIATIONS


Demand for infrastructure developed by Vilnius Military unit project consists of:- Soldiers of Vilnius Military unit - 1088;Demand for infrastructure developed by Šiauliai Military Unit project consists of:- Soldiers of Šiauliai Military unit - 802.

Projects address the following issues:- the failure of the existing military infrastructure to serve all of the intended military units;- Insufficient combat capabilities for the protection and defense of the sovereignty, integrity and inviolability the Republic of Lithuania.

3. PROJECTS IMPLEMENTATION GOALS

Project implementation goals are:- ensure reliable deterrence with allies;- in case of failure to deter, independently and together with allies, ensure the defense of Lithuania, and in the case of aggression against any other NATO member - to properly contribute to the defense of allies;- contribute to ensuring regional and international security and stability;- contribute to ensuring security in the state during peacetime.

4. KEY PROJECTS IMPLEMENTATION CONDITIONS

4.1. DURATION OF THE CONTRACT

Duration of the contract - up to 15 years in the project of the Šilalė military unit and / or in the project of the Vilnius Military unit and / or the Šiauliai Military unit project from the full entry of the Contract into legal force.

4.2. OBJECT OF ANNOUNCED NEGOTIATIONS

The object of announced negotiations is divided into 3 (three) parts, with a separate Contract intended to be concluded for each of them:

Project of Šilalė military unitPart I of announced

negotiations - "Development of a military

unit in Šilalė district, Pajūris town"

Project of Vilnius military unitPart II of announced

negotiations - "Development of a Military unit in Rokantiškės village (Vilnius

district)”

Project of Šiauliai military unit

Part III of announced negotiations -

"Development of a Military unit in Šiauliai region"

Šilalė military unit infrastructure in Pajūris town - design of buildings and other needed engineering services, construction and reconstruction of buildings, canteen installation, administration and maintenance of buildings, maintenance of engineering

Vilnius military unit infrastructure in Rokantiškės village - design of buildings and other needed engineering services, construction and reconstruction of buildings, canteen installation, administration and maintenance of buildings, maintenance of engineering systems and networks, organization of utilities

Šiauliai military unit infrastructure in Šiauliai city - design of buildings and other needed engineering services, construction and reconstruction of buildings, canteen installation, administration and maintenance of buildings, maintenance of engineering systems and networks,








district)”




systems and networks, organization of utilities - cold and hot water, wastewater, heating, electronic communications, organizing and coordinating the supply of energy services cleaning of the territory and buildings, as well as waste management.

- cold and hot water, wastewater, heating, electronic communications, organizing and coordinating the supply of energy services cleaning of the territory and buildings, as well as waste management.

organization of utilities - cold and hot water, wastewater, heating, electronic communications, organizing and coordinating the supply of energy services cleaning of the territory and buildings, as well as waste management.

For the implementation of the Šilalė military unit project, the Public entity seeks to select an Investor, which will establish or form a Private entity to ensure the following results:

- designed, constructed and correspondingly (equipped) installed infrastructure of Šilalė military unit, which will consist of barracks, garages, canteen, headquarters, military drill square, medical station, stadium, gas station, vehicle wash, warehouses (inventory), repair shop, shelter for equipment, equipment (vehicle) square fence with gates, equipment (vehicle) square, personal car parking lot, a technical checkpoint, an entry/exit checkpoint, hard pavement roads in the territory, a training area (military club) and other infrastructure provided in the Specifications.

- optimal maintenance of newly created infrastructure by

For the implementation of the Vilnius military unit project, the Public entity seeks to select an Investor, which will establish or form a Private entity to ensure the following results:

- designed, constructed and correspondingly (equipped) installed infrastructure of Vilnius military unit, which will consist of barracks, universal sports hall, garages, canteen, headquarters, military drill square, medical station, stadium, gas station, vehicle wash, warehouses (inventory), repair shop, shelter for equipment, equipment (vehicle) square fence with gates, equipment (vehicle) square, personal car parking lot, a technical checkpoint, an entry/exit checkpoint, engineering networks, hard pavement roads in the territory, a training area (military club), greenery, pedestrian paths and other infrastructure provided in the Specifications.

- optimal maintenance of newly

For the implementation of the Šiauliai military unit project, the Public entity seeks to select an Investor, which will establish or form a Private entity to ensure the following results:

- designed, constructed and correspondingly (equipped) installed infrastructure of Šiauliai military unit, which will consist of barracks, universal sports hall, garages, canteen, headquarters, military drill square, medical station, sports fields, gas station, vehicle wash, warehouses (inventory), repair shop, shelter for equipment, equipment (vehicle) square fence with gates, equipment (vehicle) square, personal car parking lot, a technical checkpoint, an walkway checkpoint, engineering networks with a fence, hard pavement roads in the territory, greenery, pedestrian paths and other infrastructure provided in the Specifications.








district)”




transferring the maintenance of the new infrastructure economy and provision of other Services to the Private entity.

created infrastructure by transferring the maintenance of the new infrastructure economy and provision of other Services to the Private entity.

- optimal maintenance of newly created infrastructure by transferring the maintenance of the new infrastructure economy and provision of other Services to the Private entity.

The Candidate may submit one application / Bid for one (or two or all) of the part (s) of the Announced negotiations. Alternative solutions / Bids will not be allowed for submission.

4.3. PROPERTY, TRANSFERRED TO PRIVATE ENTITIES

The Public entity or the authorized institution will transmit the following to Private entities:


negotiations - "Development of a military unit in Šilalė district, Pajūris town"


negotiations - "MILITARY UNIT

DEVELOPMENT IN ROKANTIŠKĖS VILLAGE

(VILNIUS DISTRICT)";



"Development of Military unit in Šiauliai region"

Land plot

Šilalė land plot, owned by the Republic of Lithuania under the right of ownership, located at Dariaus ir Girėno str. 19, Pajūris town, Šilalė district municipality, which is controlled by the Lithuanian military on the basis of a loan for use agreement.

Šilalė land plot Current situation:

1) Dariaus ir Girėno str. 19, which has the:

- area - 11.5218 ha;- use type - territories used

for purposes of national defense;

- permissible height of

Vilnius land plots, owned by the Republic of Lithuania under the right of ownership, are located at Vilnius district municipality., Satrininkai eldership, Rokantiškės village. One of the plots is managed by the Lithuanian Armed Forces on the basis of a loan for use agreement, another land plot is currently being formed.

Vilnius land plots. Current situation:

1) Rokantiškės village, which has the:

Siauliai land plots owned by the Republic of Lithuania at the following address: Pakruojo str. 49, K. Jankausko str. 27, K. Jankausko str. 29, K. Jankausko str. 37 K. Jankausko str., Šiauliai city, which is managed by the Lithuanian Armed Forces on the basis of a loan for use agreement, and the land plot is located at K. Jankausko street, has its transfer documents for the Lithuanian Armed Forces prepared by the National Land Service under the Ministry of Agriculture.

Šiauliai land plots. Current












buildings - no data;- building density - no data;- building intensity - no

data available;- restrictions - servitudes,

special land and forest use conditions: protected greenery (trees and shrubs) growing on non-forest intended use land; protection zones for water supply, rain and fecal sewerage networks and installations; protection zones for heating and hot water supply networks; land plots with state-owned land reclamation systems and facilities; the territory of immovable cultural heritage property and protection zones; protection zones for power lines; road protection zones; connection lines protection zones),the land plot is located in the territory of immovable cultural values, trees and shrub plantations, growing outside the forest lands, should be preserved,

The land plot of Šilalė is owned by the Republic of Lithuania under the right of ownership and is managed by the right of credence by the National land

- area - 17,4658 ha; - use type - territories used

for purposes of national defense;

- permissible height of buildings - 3 floors;

- building density - 80;- building intensity - no

data available;- restrictions - special

conditions of land and forest use: protection zones for state geodetic base points; protection zones for power lines; road protection zones; communication lines protection zones.

2) Vilnius land plot in Rokantiškės village (0.6494 ha) is currently being formed.

The Vilnius land plots are owned by the Republic of Lithuania under the right of ownership and is managed by the right of credence by the National land service under the Ministry of Agriculture of the Republic of Lithuania, currently managed by Lithuanian Armed Forces by the right of loan for use. Vilnius land plot will be fully formed prior to the Contract entering legal force in its full volume by connecting 2 (two) land plots (approx. 17,5 ha) (the use is determined as - territories for the purpose of national

situation:1) Pakruojo str. 49, which has the:

- area - 3,3002 ha; - use type - territories

used for purposes of national defense;

- permissible height of buildings - 9/30 (floors / meters);

- building density - no data;

- building intensity - 2,5;- restrictions - special

conditions for land use: protection zones for communication lines; aerodrome protection and sanitary protection zones; protection zones for water supply, rain and fecal sewage networks and installations; sanitary protection zones for groundwater bodies (water sources); power line protection zones.

2) K. Jankausko str. 27, which has the:
















service under the Ministry of Agriculture of the Republic of Lithuania, currently managed by Lithuanian Armed Forces by the right of loan for use.

Šilalė land plot will be fully formed prior to the Contract entering legal force in its full volume (about 10.8 ha) by separating a part of the cultural heritage area (about 0.6 ha) via division, (the use is determined as - territories for the purpose of national defense, permissible height of buildings, building density and intensity will not be changed (unless improved) and, as far as possible, any registered restrictions will be removed).

Šilalė land plot will be transferred to the Private entity on a lease basis for the period of Works execution as a construction site without any auctions. No provision is made for the transfer of rights to the land plot at Šilalė to the Private entity at the time of the provision of the Services, unless required by the legislation, applicable at that time.

defense, permissible height of buildings, building density and intensity will not be changed (unless improved) and, as far as possible, any registered restrictions will be removed).

Vilnius land plot will be transferred to the Private entity on a lease basis for the period of Works execution as a construction site without any auctions. No provision is made for the transfer of rights to the land plot at Vilnius to the Private entity at the time of the provision of the Services, unless required by the legislation, applicable at that time.


conditions for land and forest use: aerodrome protection zones; protection zones for power lines; sanitary protection zones for groundwater bodies (water sources); protected greenery (trees and shrubs) growing on non-forest land; protection zones for water supply, rain and fecal sewerage networks and installations.







conditions for land and forest use: aerodrome protection zones; protected greenery (trees and shrubs) growing on non-forest land; protection zones for water supply, rain












and fecal sewerage networks and installations; protection zones for groundwater bodies; power line protection zones.






- building intensity - 2,5;- restrictions - servitudes:

road servitude - right to drive by vehicle, use pedestrian footpaths (serving) - 0.0372 ha. Special land use conditions: protection zones for communication lines; aerodrome protection zones; protection zones for power lines; sanitary protection zones for groundwater bodies (water sources); sanitary protection zones; protected greenery (trees and shrubs) growing on non-forest land; protection zones for heating and hot












water supply networks; protection zones for water supply, rain and fecal sewerage networks and installations.

5) K. Jankausko str., which has the:





- building intensity - 2,5; - restrictions - ??

The Šiauliai land plots are owned by the Republic of Lithuania under the right of ownership and is managed by the right of credence by the National land service under the Ministry of Agriculture of the Republic of Lithuania, currently managed by Lithuanian Armed Forces by the right of loan for use, and one land plot has its loan for use agreement documents being dealt with at the moment.

Šiauliai land plot will be fully formed prior to the Contract entering legal force in its full volume by connecting 5 (five)












land plots (approximately 7,8 ha) by separating a part of the cultural heritage territory (approximately 0,5 ha)(the use is determined as - territories for the purpose of national defense, permissible height of buildings, building density and intensity will not be changed (unless improved) and, as far as possible, any registered restrictions will be removed).

Šiauliai land plot will be transferred to the Private entity on a lease basis for the period of Works execution as a construction site without any auctions. No provision is made for the transfer of rights to the land plots at Šiauliai to the Private entity at the time of the provision of the Services, unless required by the legislation, applicable at that time.

Other tangible assets

The following Transferred assets will be transferred to a Private entity under the Contract for the construction of new infrastructure:

- building - a dormitory with unique no. 8797-8004-

Other tangible assets will not be transferred to the Private entity under the Contract.

All buildings on the Vilnius land plot, which are under the trust of the Lithuanian Armed Forces, will be demolished until the entry of

Other tangible assets will not be transferred to the Private entity under the Contract.

All buildings on the Šiauliai land plot, which are under the trust of the Lithuanian Armed Forces, will be demolished at












9024, plan marking 4N4p, total area 3040.30 sq. m., located at Dariaus ir Girėno str. 19, Pajūris town, Šilalė district municipality.

- building - a garage with unique no. 8796-7007-8038, plan marking 9G1b, total area 1065.51 sq. m. at Dariaus ir Girėno str. 19, Pajūris town, Šilalė district municipality.

- building - a garage, unique no. 8796-7007-8040, located at Dariaus ir Girėno str. 19, Pajūris town, Šilalė district municipality.

All buildings on the Šilalė land plot, which are under the trust of the Lithuanian Armed Forces, will be demolished until the entry of the Contract into legal force in full.

the Contract into legal force in full.

the expense of the Public entity until the entry of the Contract into legal force in full.

4.4. QUESTIONS REGARDING PROPERTY RIGHTS FOR ASSETS

The ownership rights will belong to the Republic of Lithuania during the effective period of the Contract for the Šilalė military unit and/or Vilnius military unit and/or Šiauliai military unit. Šilalė military unit and/or Vilnius military unit and/or Šiauliai military unit management and/or usage rights are not planned to be transferred according to the contract.

4.5. DISTRIBUTION OF RISK BETWEEN PUBLIC ENTITY, INVESTORS AND PRIVATE ENTITIES

The risk types assigned to each party of the Contract are specified in the risk-sharing matrix attached to the Contract (Annex 4 to the Agreement, "Matrix of Risk



distribution between Parties"). The general principle on the basis of which the risk is distributed is that the risk is attributed to that Party of the of the Šilalė Military unit project or Vilnius military unit project or Šiauliai military unit project, which is able to manage the corresponding risk at the lowest cost. The major part of the Project implementation risk is passed on to Investors and Private entities. Investors and Private entities, among other things, assume the risks of the Works, the suitability of the Services and the availability risks. The detailed risk sharing between the parties can be specified (adjusted) during the Announced negotiations, depending on which party will be able to manage the risk at the lowest cost, but without prejudice to the legal requirements for Investors and Private entities to assume all or most of the risks and rights/duties, associated with the activities transferred to the Private entities.

4.6. WHAT FUNDS WILL BE USED AND IN WHAT WAY WILL THE IMPLEMENTATION OF PROJECTS BE FINANCED

Private entities will finance the establishment and operation of the Šilalė military unit and / or Vilnius military unit and / or Šiauliai military unit during the implementation period of the Contract with their own or borrowed funds. Private entities are expected to receive the remuneration according to the law, financed by the Public entity funds, for the implementation of the Projects.

4.7. STRUCTURE OF PAYMENTS FOR THE IMPLEMENTATION OF PROJECTS

The structure of payments for the implementation of the Projects is detailed in Section IX “Payments” of the Contract and Annex 3 “Settlement and payment procedure” of the Contract.

4.8. WORK COMPLETION TERMS AND REQUIREMENTS FOR THEM

The planned duration of the investment in Šilalė military unit and / or Vilnius military unit and / or Šiauliai military unit is 2,5 (two and a half) years, during which it is necessary to establish the Šilalė military unit and / or Vilnius military unit and / or Šiauliai military unit and prepare for proper provision of Services.

4.9. SERVICE PROVISION TERMS, REQUIREMENTS AND PROVISION METHODS

The services at the Šilalė military unit and / or Vilnius military unit and / or Šiauliai military unit are provided after the end of Works and creation of the Šilalė military unit and / or Vilnius military unit and / or Šiauliai military unit. Planned Service provision duration at the Šilalė military unit and / or Vilnius military unit and / or Šiauliai military unit is 12,5 (twelve and a half) years. Requirements for Service provision and Service provision methods are described in the Specifications.

4.10. POSSIBILITIES FOR INVITING SUBCONTRACTORS AND CHANGES

Private entities are not restricted from using the services of Subcontractors, which may be used in accordance with the order, specified in the Conditions. When submitting the Application, Bids or Final bids, the Participants shall, in accordance with the procedure set forth in the Conditions, publicize the Subcontractors involved



in the implementation of the Šilalė military unit and / or Vilnius military unit and / or Šiauliai military unit project.

4.11. REQUIRED INSURANCE

A comprehensive list of insurance contracts to be concluded before or after the entry of the Contract into legal force is contained in Annex 5 to the Contract “List of compulsory insurance contracts".

4.12. MINIMUM REQUIREMENTS FOR PROJECT IMPLEMENTATION MAINTENANCE AND SUPERVISION

The requirements for maintenance and supervision of Šilalė military unit and / or Vilnius military unit and / or Šiauliai military unit are provided in the Specifications.

4.13. PARTY RESPONSIBILITY PRINCIPLES

Party responsibility principles are comprehensively described in Section XVII of the Contract "Responsibility of the Parties".

4.14. PARTY AND THIRD PERSON REQUIREMENT ASSURANCE

For the purposes of the implementation of the Projects, Investors and Private entities shall have the right to use the following measures to ensure the requirements of the Contracting parties and third persons. The terms and procedures for using these measures are described in the Contract. In case of justified need, the list of such measures may be supplemented with the approval of the Public entity;

- pledge of claims on the Annual remuneration;

- pledge of Private entity shares.

By implementing the Projects, the requirements of the Public entity will be ensured by the following measures. The terms and procedures for using these measures are described in the Contract.

- Proposal validity assurance;

- Investor's surety;

- obligation performance assurance, provided according to the requirements of the Contract.

4.15. RETURN OF ASSETS AFTER THE EXPIRATION OF THE CONTRACT

Upon the expiration of the Contract, or upon termination of the Contract before its expiry, the transfer of the Šilalė military unit and / or Vilnius military unit and / or Šiauliai military unit, which was (were) transferred to the Private entities will be required to be returned to the Public entity in accordance with the procedure, established by the Contract, without any rights being retained. The returned Šilalė military unit and / or Vilnius military unit and / or Šiauliai military unit should comply with such qualitative and quantitative requirements and indicators, which are provided in the Specifications and the Final bids, taking their normal wear and tear into account.



4.16. IMPLEMENTATION INDICATORS

The physical performance indicators to be achieved are described in the Specifications.

II. GENERAL PROVISIONS

1. PUBLIC ENTITY

5. The project is implemented by the Ministry of National Defense of the Republic of Lithuania, legal entity code: 188602751, address: Totorių str. 25, LT-01121 Vilnius, tel. +370 706 70 750 (hereinafter - Public entity). Public entity is a state budget institution whose purpose is to form and implement the Lithuanian defense policy by preparing an army, capable of ensuring the sovereignty of the Republic of Lithuania, the integrity of the territory and the security of its citizens, as well as contributing to global and regional stability both independently and with allies. Pursuant to the Regulations of the Public entity, authorized by July 23, 1998 Decree of the Government of the Republic of Lithuania No. 924 (with subsequent amendments), the main objectives of the Public entity activities are:

a) to define and form a defense policy and organize, coordinate and control its implementation;

b) to define and form a policy in the area of international cooperation in the area of defense, including participation in international military operations and cyber-security, to organize, coordinate and control its implementation; c) to ensure the performance of state defense, military and other defense functions under conditions of peace and war; d)to define and form a policy for the development and security of electronic communications and information systems used for national security and defense purposes, a policy for the protection of classified information, a cyber security policy, to organize, coordinate and control their implementation.During the execution of these objectives, the Public entity determines the desired capabilities of the Lithuanian Armed Forces, plans and ensures the long-term development of capabilities of the Lithuanian Armed Forces.

6. The Public entity implements Projects according to the rights, granted to it by the __ of ________, 2019 resolution of the Government of the Republic of Lithuania No. ...... "Regarding the Ministry of national defense public and private sector partnership project implementation".

7. The contact person for information on the Announced negotiations conditions and procedures is Aurimas Banys - Specialist of Infrastructure Management Division, Logistics Department, Ministry of National Defense of the Republic of Lithuania, tel. +370 706 80 589, e-mail: [email protected] , fax: +370 5 264 8517.

2. PUBLIC ENTITY NEEDS AND OBJECTIVES


mailto:[email protected]


8. Public entity seeks to select Investors. Investors and their established or concluded Private entities, who will become Parties to the Contracts and will carry out the activities set out therein, will implement the Projects. To this end, the Public entity will sign three separate Contracts with selected Investors and the Private entities they have established or concluded, for the Šilalė Military unit project, the Vilnius military unit project and the Šiauliai military unit project.

9. The Public entity seeks for the Projects to:

8.1 be implemented effectively, qualitatively, in compliance with all legal requirements, based on good business practice;

8.2 ensure the fulfillment of its objectives according to point3 of the Conditions.

10. Project detailed description and requirements for their implementation are provided in Condition Annex Technical specifications. The Candidate invited to attend and submit a Preliminary bid for the negotiations, and who will sign the Confidentiality obligation, will be granted access by the Public entity to the documents, related to the Project (Land plot plans and other documents held by the Public entity), however, the Public entity does not guarantee and does not undertake in any way that all these documents are accurate, correct and / or sufficiently detailed to assess all risks and circumstances related to the implementation of the Projects and to make decisions related to the submission of the Bid. Economic entities / Candidates / Participants are responsible for the collection of all detailed and sufficient information.

11. Project implementation will be financed from the Public entity's budget.

12. The subject of the Announced negotiations is divided into three separate parts:

12.1. Part I of the Announced negotiations - Part I of the Announced negotiations - "Development of a military unit in Šilalė district, Pajūris town";

12.2. Part II of the Announced negotiations - "Development of a military unit in Rokantiškės Village (Vilnius District)";

12.3. Part III of the Announced negotiations - "Development of a military unit in Šiauliai region".

Candidates / Participants will be able to submit applications / Bids for one or more of the parts of the Announced negotiations. The Šilalė military unit project, Vilnius military unit project and the Šiauliai military unit project are not divided into separate parts and each of them will have to be implemented fully. It is forbidden to provide alternative Bids. Alternative Bids and/or Bids for separate Šilalė military unit project, Vilnius military unit project or Šiauliai military unit project parts will be rejected by the Commission.

13. The maximum term of implementation of the Contract is 15 (fifteen) years from the date the Contract entered legal force to full extent. The implementation of the Contract will consist of the following stages:

13.1. Work execution - up to 2.5 (two and a half) years;



13.2. Provision of services - up to 12.5 (twelve and a half) years. If the Works are performed in less than 2.5 (two and a half) years, the term of the Services will not change and the total contract period will be shortened.

14. Detailed requirements for the implementation of the Contract stages shall be established in the Contract, taking into account the Participants' Initial / Final Bids for the implementation of the Project.

3. ESSENTIAL PROJECT IMPLEMENTATION REQUIREMENTS

15. The Commission will refuse to negotiate only the following essential requirements for the implementation of the Projects:

15.1. increased state property obligations during the implementation of the Projects (the largest state property obligations (discounted values) are determined by the ___ _________ 2019 Decree of the Government of the Republic of Lithuania No. "On the Implementation of public-private partnership projects of the Ministry of National Defense"; minus the value of risks retained by the Public entity:

15.1.1. In the case of the Šilalė military unit project - 51 283 806 (fifty-one million two hundred eighty-three thousand eight hundred six), including value added tax;

15.1.2. In the case of Vilnius military unit project - 53 638 950 (fifty-three million six hundred thirty-eight thousand nine hundred fifty) Eur, including value added tax;

15.1.3. In the case of Šiauliai military unit project - 53 060 202 (fifty-three million sixty thousand two hundred two) Eur, including value added tax;

15.2. ownership rights in respect of the Transferred assets for the implementation of the Contract or assets newly created during the execution of the Contract, Land Plots after the Contract;

15.3. duration of Works longer than specified in the Conditions;

15.4. Contract duration longer than 15 (fifteen) years;

15.5. maximum compensation size, paid to the Private entity, determination principle (asset value, which is determined by an independent property assessor according to the legal acts of the Republic of Lithuania), when the Contract is termianted due to the fault of Investor and/or Private entity or without any fault on behalf of any parties of the Contract.

4. INFORMATION ON INVESTOR SELECTION

16. The investor is selected through announced negotiations. This method is regulated by article 22 of the Law. Announced negotiations were chosen taking into account, that due to the specific circumstances related to the nature, complexity, legal and financial nature of the Services and Works, and the risk involved, the Contract cannot be concluded without prior negotiation.

17. These Announced negotiations were not published in advance at CVP IS and ESOL .



18. Announcement regarding the Announced negotiations was published [ years ] m. [ month ] [ day ] d. ESOL, Nr. [ number ] , CVP IS, at https://pirkimai.eviesiejipirkimai.lt/ [ if the negotiations were announced elsewhere and [ other sources in which negotiations are announced ] ] .

19. [ If the Conditions are announced on the Public entity website, the Conditions can also be found on the Public entity website at [ address s]. ]

20. Announced negotiations are implemented by the Commission. It consists of ....... members, who have signed confidentiality obligations and declarations of impartiality. All meetings of the Commission are recorded in minutes. The Public entity has the right to invite legal, technical and financial experts to advise the Commission on issues requiring specific expertise or to assess them. Experts must also sign confidentiality obligations and declarations of impartiality.

21. Announced negotiations shall be governed by the principles of equality, non-discrimination, mutual recognition, transparency, proportionality and rational use of funds, the Law on investment, the Law, the Civil Code of the Republic of Lithuania and these Conditions, as well as the requirements of European Union legislation.

22. All economic operators / Candidates / Participants shall be subject to the same requirements, shall be afforded equal opportunities and, to the extent possible, with the confidentiality of information, provided by economic operators / Candidates / Participants, subject to the same confidentiality of information.

23. Any information, explanation of the Conditions, notices or other correspondence between the Public entity and the interested economic entities / Candidates / Participants shall be made only by CVP IS correspondence measures and in Lithuanian language.

24. The Commission may change the Conditions and shall have the right to terminate the Announced negotiations if circumstances would arise, which could not have been foreseen prior to the commencement of the start of the purchase, and must do so if the principles laid down in Article 6, part one of the Law have been violated and the respective situation cannot be remedied in accordance with the Law and the Rules for the preparation and implementation of sectoral Public and Private sector partnerships, approved by the Government of the Republic of Lithuania by its November 11, 2009 Decree No. 1480 "On Public-Private sector partnerships (Revision No. 730 of the Government of the Republic of Lithuania of 25 July, 2018). If 2 (two) or less Candidates will achieve minimum qualification requirements at Part I of the Announced negotiation part and / or in Part II of the Announced negotiations and / or in Part III of the Announced Negotiations, the Commission shall have the right to suspend the negotiation procedures and to announce a new deadline for the submission of applications or terminate the Announced negotiations.

5. CLARIFICATION AND EXPLANATION OF CONDITIONS

25. If any of these Announced negotiations or their Conditions raise questions or require clarification or explanation, Interested subjects may submit Requests to the Commission according to the order, specified in Conditions Annex Providing requests. Replies to the


https://pirkimai.eviesiejipirkimai.lt/


Requests will be submitted in accordance with this Annex and will be considered as an integral part of the Conditions.

26. The Commission will reply to the Request, which may affect all economic operators / Candidates / Participants, and publish it for all economic operators / Candidates / Participants at the same time, but will ensure the protection of confidential information and will not disclose who has submitted the Request.

27. The Commission may provide clarifications or explanations to all economic operators / Candidates / Participants and on its own initiative according to the order, specified in Conditions Annex Providing requests.

28. In addition, the Commission may arrange meetings with each economic operator / Candidate / Participant to explain the Conditions. Each Candidate will be informed separately about the time and date of their meeting. The minutes of each meeting, which will record all questions, provided by the economic operator / Candidate / Participant during the meeting, as well as answers to them, will be made available to all Candidates / Participants, participating in the Announced negotiation procedures, but without disclosing the identity of the economic operator / Candidate / Participant attending the meeting and ensuring the security of his / her confidential information. Economic operator / Candidates / Participants may also submit questions for the meeting in advance by means of CVP IS correspondence. If needed, additional meetings can be organized. If the Commission organizes joint meetings with all economic operators / Candidates / Participants, such meetings will be recorded in a protocol. Information about the meeting with the economic operators / Candidates / Participants, as well as all questions and answers provided during this meeting, are published in the CVP IS, without revealing the economic operators / Candidates / Participants, who have asked the question.

6. BREACHED RIGHTS PROTECTION PROCEDURE

29. An economic entity / Candidate / Participant, who considers that the Commission or the Public entity does not comply with the requirements of the Law and thereby violate the legitimate interests of the economic entity, shall have the right to use the legal remedies, referred to in the Conditions Annex Dispute settlement.

III. EXECUTION OF ANNOUNCED NEGOTIATIONS

1. THE COURSE OF THE NEGOTIATIONS AND THE INDICATIVE TIMETABLE

30. Below is an indicative timetable for the Announced negotiation Procedures. The terms, specified in the schedule may change, depending on the number of applications received and the number of Preliminary bids / Final bids, the course of negotiations, received Requests / claims from economic entities, Candidates or Participants, the need to clarify the Conditions or their annexes, and so on. The terms will be prolonged for a time, needed for the Public entity to execute the needed procedures and a period, which is reasonably needed for the interested Candidates to properly evaluate the Information, provided by the Public entity.



31. The extension of the terms for the Application, Initial bid / Final bid, will be announced in the same manner as Conditions have been published, it will also be communicated by CVP IS or means of CVP IS correspondence. If necessary, other information provided about the Purchase through Announced negotiations, will also be updated.

32. The Commission will inform the economic operators / Candidates / Participants about other separate dates and deadlines for individual actions.

The main stages of the announced negotiations

Period or date

Publication of Conditions and accepting Candidates applications.

← From 2019 _____ (month) ____ (day) to 2019 _____ (month) ____ (day)

↓

The final deadline for the provision of Requests for qualification inspection and

qualification selection procedures.← 8 (eight) days before the deadline for

submission of applications

↓The term for the Commission to respond to the

Requests for qualification inspection and qualification selection procedures.

← within 6 (six) days of the receipt of the Request

↓The final deadline for the Commission to

provide clarifications on qualification inspection and selection procedures

← 6 (six) days before the deadline for submission of applications

↓

Final deadline for submission of applications ← 2019 __________ (month) ____ (day) _______ (hour) _____ (min) (Lithuanian time)

↓Candidate qualification inspection and

qualification selection← 30 (thirty) days after the deadline for

submission of applications↓

Notification of the results of the qualification inspection and the qualification selection, the

invitation to submit the Initial bid←

within 3 (three) business days from the date of the qualification inspection and / or the qualifying selection completion day

↓Final deadline for Candidates to submit

Requests regarding Conditions, relating to the submission of the Initial bid

← 8 (eight) days before the deadline for submitting the Initial bids

↓The deadline for the Commission to respond to

the Request regarding Conditions, related to the submission of the Initial bid


↓Final deadline for the Commission to provide clarification on the Conditions, related to the

submission of the Initial bid← 6 (six) days prior to the deadline for submitting

the Initial bids




Period or date

↓

Final deadline for Candidates to submit Preliminary bids

←the term will be specified in the invitation to provide Initial bids (expected to be 90 (ninety) days from the date of sending of invitations to provide Initial bids )

↓

Evaluation of initial bids ← 30 (thirty) days from the deadline for submitting the Initial bids

↓

Negotiations (technical, legal and financial stages)

←the term will be specified in the invitation to participate in negotiations (it is expected that all stages of the negotiations will last no more than 150 (one hundred and fifty) days)

↓

Invitation to submit Final bids ← within 5 (five) business days from the completion of the negotiations

↓Final deadline for Candidates to submit

Requests regarding Conditions, relating to the submission of the Final bid

← 8 (eight) days before the deadline for submitting the Final bids

↓The deadline for the Commission to respond to

the Request regarding Conditions, related to the submission of the Final bid


↓Final deadline for the Commission to provide clarification on the Conditions, related to the

submission of the Final bid← 6 (six) days prior to the deadline for submitting

the Final bids

↓

Final deadline to submit Final bids ← the deadline will be specified in the invitation to provide the Final bid

↓Final bid evaluation:

1. Evaluation of technical proposals;2. Evaluation of financial proposals.

←it is expected, that both evaluations will last no more than 20 (twenty) business days after the deadline for submission of Final bids

↓

Notification of the results of the evaluation of the Final bids, bid queues, decisions on the

conclusion of the Contracts and the postponement of the Contract conclusion term

←

within 5 (five) business days from the day of completion of the evaluation of Final bids (it is planned to apply a 10 (ten) day postponement for the conclusion of the contract, unless a single Participant is invited to conclude the Contract in the relevant part of the Announced negotiations)

↓




Period or date

Invitation to conclude the Contracts, Contract conclusion

←

the invitation to conclude a Contract is provided within 3 (three) business days after the expiry of the postponement period, but in fact, the Contracts are only concluded after a positive conclusion from the Ministry of Finance (actual contract conclusion is expected to take place no later than 30 (thirty) days from the date the invitation to conclude the Contract has been sent)

↓

Announcement of the Contract conclusion ← within 48 (forty-eight) days from the date of the Contract conclusion

2. SUBMISSION OF THE APPLICATION

SUBJECTS THAT CAN PROVIDE AN APPLICATION

33. An application to participate in the Announced negotiations can be submitted by a stand-alone economic operator or group of economic operators, that are allowed to be Candidates and meet the qualification requirements, set out in the Conditions Annex qualification requirements. An Economic operator may submit an Application for Part I of the Announced negotiations and / or Part II of the Announced negotiations and / or Part III of the Announced negotiations. If an economic entity plans to participate in two or all parts of the Announced negotiations, the entity shall submit separate applications with attached documents. An economic operator providing an Application to participate in Part I of the Announced negotiations, cannot be a Subcontractor for another economic operator, providing an Application to participate in Part I of the Announced negotiations, whose qualification this economic operator depends upon in order to comply with the minimum qualification requirements, provided in the Conditions. The same rule applies to the Candidates application to participate in Part II or III of Announced negotiations. In case an economic operator (part of a group of economic operators) participates in submitting more than one application for Part I, II or III of Announced negotiations, or is a Subcontractor of another economic operator, who submits such an application or is another economic operator (subject), whose qualification this Candidate depends upon in order to comply with the minimum qualification requirements, all such applications will be rejected.

34. In case a group of economic operators will participate in Announced negotiations:

34.1. the application submitted must indicate the lead member and the contact person of the lead member. This person should be empowered (authorized) to carry out all the necessary actions on behalf of the group of economic operators during the procurement procedures;



34.2. the application must be accompanied by a joint activity agreement, which clearly specifies the obligations assigned to each member of the group of economic operators in the implementation of the project of the Šilalė military unit and / or the project of the Vilnius military unit and / or the project of the Šiauliai military unit. The contract should provide for joint and several liability of all parties to the joint venture for improper performance of obligations for the Public entity or improper execution of the Contract. If this contract is not submitted together with the application or after the Public entity’s request / reminder to submit such a contract, the application will be rejected;

34.3. economic entities that form a group, will not be able to submit their application or participate in the Announced negotiation Procedures independently or with other persons, or be subcontractors of another Candidate / Participant, whose qualification that Candidate depends upon in order to comply with the minimum qualification requirements, as it is specified in point 33 of the Conditions. Failure to comply with this requirement will lead to Commission rejecting all such applications and / or initial bids / final bids.

CONTENT OF THE APPLICATION

35. Economic operators meeting the qualification requirements, should provide the application to the Public entity according to Application form, provided in Conditions Annex Application form, with it being accompanied by all the supporting evidence of their qualifications. The control list of documents, provided with the applications and requirements for the provision of the application are provided in Conditions Annex 5 Submission of the application.

36. Qualification requirements for Candidates are specified in Conditions Annex Qualification requirements. Compliance with qualification requirements may also be substantiated by the respective capacities of other economic entities in accordance with the procedure, set out in the Conditions Annex Qualification requirements.

APPLICATION PROVISION TERM

37. The application must be provided together with attached documents prior to by [ year ] year [ month ] [ day ] day [ hrs. min. ] hours through the means of CVP IS. Applications will no longer be available for submission after the set deadline.

38. If an application with attached documents is submitted after the deadline, specified in Conditions 37 point, the Commission will not evaluate the applications. And if the application is not submitted by the means of the CVP IS, the Commission will not evaluate the application and shall return it.

3. QUALIFICATION INSPECTION AND QUALIFICATION SELECTION

39. After receiving the application, the Commission will execute qualification inspection and will check the compliance of Candidates to the qualification requirements according to the order, specified in Conditions Annex Qualification assessment and qualification



selection procedure. Qualification selection will be made from the Candidates who meet the qualification requirements. During the qualification selection, no more than 5 (five) most qualified Candidates will be chosen according to to the order, specified in Conditions Annex Qualification assessment and qualification selection procedure, who will be invited to provide Preliminary bids and participate in negotiations. If 5 (five) or less Candidates meet the qualification requirements, the qualification selection will not take place and all Candidates who meet the qualification requirements will be invited by the Commission to submit their Preliminary bids and to participate in the negotiations along with the report on the results of the qualification assessment.

40. Candidates must provide all documents, substantiating their compliance with the qualification requirements and ensure the correctness of the information provided. Candidates must submit documents in accordance with the forms provided in the Conditions (if any).

41. If the data, substantiating the qualification requirements is inaccurate or incomplete, the Commission will request such a Candidate to supplement or clarify such data in accordance with the Law. To do this, the Commission will provide the Candidate with a reasonable period of time. In case the Candidate will require more time, due to justified reasons, it will be possible to prolong the provided term. However, if inaccurate or incomplete data on compliance with the qualification requirements, provided in the given term are not supplemented or clarified, the application will be rejected by the Commission.

42. The Commission will inform Candidates of the results of the qualification inspection and qualification selection by CVP IS means of correspondence. The Commission will evaluate the data substantiating the compliance of the Candidate with the qualification requirements for each Applicant, and will notify each of the Applicants within 3 (three) Business days of the results of this inspection, while substantiating the decisions it made. Only Candidates who meet the qualification requirements will have the right to participate in further procurement procedures. The candidates who have completed the qualification selection will be presented by the Commission with an invitation to provide Preliminary offers and participate in negotiations, together with a notification of the qualification selection results no later than in 3 (three) Business days from the completion of the qualification selection.

4. SUBMITTING THE PRELIMINARY BID

CONTENT OF THE PRELIMINARY BID

43. Candidates invited to continue to participate in Announced negotiations, will have provide the Initial bid via the means of CVP IS for Part I and/or II and/or III of the Announced negotiations, separately. The Preliminary bid should consist of a Technical and Financial forms, provided in Conditions Annex Bid form, as well as requirements for legal information, provided in Conditions Annex Requirements for legal information, as well as provide an Associated company list according to the form, provided in Conditions Annex Associated company list. which should be immediately updated, if the companies in such a list change, as well as infrastructure creation, Service



provision and Contract execution plans, provided in Conditions Annex Requirements for infrastructure creation, Service provision and Contract management plan. Requirements for the submission of the Preliminary bid are specified in the Conditions AnnexSubmission of bids. The preliminary bid should be accompanied by a summary of the Preliminary bid, which should cover the following essential aspects of the Preliminary bid:

43.1. Relations and sharing of responsibilities between the private entity and other entities involved in the implementation of the Šilalė military unit project or the Vilnius military unit project or the of the Šiauliai military unit project;

43.2. a summary of the technical solutions proposed to achieve the goals of the Šilalė military unit project or the Vilnius military unit project or the of the Šiauliai military unit project

43.3. other information relevant to the implementation of the Šilalė military unit project or the Vilnius military unit project or the of the Šiauliai military unit project, according to the Candidate.

44. The technical proposal should specify the proposed technical solutions, works, services, stages of the implementation of the Contract, other proposals regarding the conditions and requirements for the implementation of the Project and proposals for amendments to the Contract (if any).

45. The Technical proposal should also indicate Subcontractors, by specifying the Subcontractors and the part of the Contracts for the implementation of which their services will be requested.

46. The above-mentioned Subcontractors will be allowed to be changed during the implementation of the Contract only (i) if the Subcontractors replacing them will comply with the qualification requirements, specified in the Conditions Annex Qualification requirements and (ii) after the receipt of a prior consent of the Public entity, according to the order, determined by the Contract. The consent of the Public entity will have to be given within a reasonable time, which may not exceed 5 (five) Business days.

47. Whether or not Subcontractors will be used, the Private entity will be responsible against the Public entity for proper performance of the Contract.

48. Provided Financial proposal shall indicate the Annual remuneration and shall be accompanied by documents, which substantiate it, i.e. the Financial activity model and other Annual remuneration calculation showing documents, prepared according to the Conditions Annex Requirements for the financial activity model.

49. The annual remuneration must be expressed as a periodic payment. The proposed Annual remuneration must include all costs and all taxes and fees payable under the laws and regulations of the Republic of Lithuania in force at the time of submitting the Initial bid or known to become effective in the future.

50. The proposed Annual remuneration will be assessed by the Public entity in euros. Therefore, if the Annual remuneration is denominated in another currency, it will be



recalculated by the Public entity in Euros according to the ratio of the euro to that currency published by the European Central Bank, and in cases where the European Central Bank does not publish the reference exchange rate between the euro and foreign currency ratio - according to the orientational euro and foreign currency ration, published by the Bank of Lithuania, respectively, on the last day of the Initial negotiation bid or the Final bid period day.

51. The Bid (Initial / Final) may indicate which information contained therein is confidential. However, confidential information cannot be the characteristics of the Bid to be taken into account in the evaluation of the Bids. In addition, the confidential information in the Bid shall not be deemed to be the information referred to in Article 13, part 2 of the Law. If the Commission has any doubts regarding the confidentiality of the information provided in the Participants Bid, it will ask the Participant to prove that the information is confidential. If the Participant fails to provide such evidence or provides improper evidence within the time limit, specified by the Commission (which in all cases will be at least 5 Business days), the information will be considered non-confidential. The Commission reserves the right to disclose the confidential information specified in the Bid to the members of the Commission and the invited experts, the Head of the Public entity and his authorized persons, as well as in the cases provided for by law or upon request of authorized controlling authorities. In such cases, the Participant will not be able to hold the Public entity responsible for the disclosure of confidential information.

52. The Preliminary bid, submitted by the Participant will serve as a basis for further negotiations in order to agree on the measures, best suited to the needs of the Public entity and regarding all terms of Contract performance.

53. The control checklist for documents and / or information to be provided with the Initial Bid is given below. This list is provided for the Candidates convenience and is not complete. The Candidate must fully familiarize with all of the Conditions and requirements to the Preliminary bid, set therein:



Checklist for submission of Initial bid documents

Reference to the requirements of Conditions

1. Summary of the bid Point 43 of the Conditions2. TECHNICAL PROPOSAL (Conditions Annex

Technical specifications, Conditions Annex Requirements to technical - engineering information, Conditions Annex Bid form)

Point 43 of the Conditions

3. FINANCIAL PROPOSAL(Conditions Annex Technical specifications, Conditions Annex Requirements to financial activity model, Conditions Annex Bid form))


4. LEGAL INFORMATION(Conditions Annex Requirements for legal information)


5. INFRASTRUCTURE CREATION, SERVICE PROVISION AND CONTRACT MANAGEMENT PLAN(Conditions Annex Requirements for infrastructure creation, Service provision and Contract management plan)


6. LIST OF ASSOCIATED COMPANIES(Conditions Annex List of Associated companies form)


7. Other information considered important by the Candidate

DEADLINE FOR SUBMISSION OF PRELIMINARY BID

54. The Preliminary bid for the I and/or II and/or III part of the Announced negotiations should be submitted during the term, specified in the invitation to provide a Preliminary bid, according to the requirements of Conditions Annex Submission of bids The Participants have the right to change and / or withdraw their Preliminary bids prior to the specified deadline. One Participant may submit only one Preliminary bid for the I part of the Announced negotiations or Part II of Announced negotiations or Part III of Announced negotiations. If more than one bid is submitted in at least one of the parts of the Announced negotiations, the Commission will reject all such Preliminary bids.

55. The Preliminary bid is considered submitted whenever its last part is submitted.

PRELIMINARY BID VALIDITY TERM

56. The Preliminary bid should include its validity term, which should be no shorter than 240 (two hundred and forty) days from the Preliminary bid submission deadline.

57. Until the Preliminary bid validity period is not expired, the Commission may request the Participant to extend it up to an exactly specified time.

PRESENTATION OF THE BID TO THE COMMISSION



58. Each Participant will be obliged to present his Bid to the Commission at the time and place, specified in the Commission's invitation to present the Bid. In case the Participant has provided a Bid for several or all Announced negotiation parts, the presentation of such Bids can be executed at the same time.

59. The Participant shall present the solution specified in the Bid: preliminary technical and financial solutions, proposals and comments on the Šilalė military unit project and / or Vilnius military unit project and / or Šiauliai military unit project, technical and financial conditions and requirements for their implementation, as well as essential proposals for the project of the Contract.

5. NEGOTIATIONS

60. After receiving the Preliminary bids, provided by the Participants, the Commission will check if they comply to the Announced negotiation Conditions, as per the order, specified in Conditions Annex Bid evaluation procedure and criteria in no longer than 5 (five) Business days. Participants, whose Preliminary bids will comply with the requirements, specified in Conditions Annex Bid evaluation procedure and criteria, will be invited to negotiations. Participants whose Preliminary bids will be rejected as not meeting the above-mentioned requirements, will not be invited to the negotiations, but will be informed of the reasons why their Preliminary bids have been rejected.

61. The Participant will have to come to the negotiations, at the time, specified in the invitation for negotiations and at: [ address ] . The Commission will ask the Participant to confirm his participation in the negotiations. If the Participant is unable to come to due to justifiable reasons, he must inform the Commission a reasonable period of time before the specified date, so that another date can be agreed for negotiations. Otherwise, the Commission will consider that the Participant has failed to arrive at the negotiations without a justifiable (valid) reason and will reject the Participant's preliminary bid.

62. The Participant will be able to specify a person (persons), who will represent him in negotiations in his confirmation regarding the participation in the negotiations. During the negotiations, the Commission will consider that this representative (representatives) have the right to negotiate and assume obligations on behalf of the Participant.

63. Negotiations will be conducted in Lithuanian language. Foreign Participants should arrange a proper translation of the entire negotiation procedure into their language at their own expense. These costs are not compensated to the Participants under point 109 of the Conditions.

64. Negotiations will be conducted with each Participant individually, on the basis of its preliminary bid.

65. During the negotiations, the Participant and the Commission will be able to discuss and negotiate all terms and conditions of the project of the Agreement and its annexes, as well as other conditions for the implementation of the Šilalė military unit project and / or the Vilnius military unit project and / or Šiauliai military unit project. Provisions set out in the point 15 of the Conditions, are not a subject to change or negotiations.



66. Negotiations on Part I of the Announced negotiations, Part II of the Announced negotiations and Part III of the Announced negotiations will be conducted separately. In the event that the Participant submits Preliminary bids for several or all parts of the Announced negotiations, the Commission may decide to negotiate separate parts of the Preliminary bid (i.e on the Draft Contract and its Annexes) at the same time.

67. Negotiations will consist of stages that may consist of several meetings, where the Preliminary bids will be discussed in order to detail, optimize it, and ensure the best possible implementation of Public entity needs, and to enable the Participant to submit a complete and ready-to-implement Final bid on the basis of the Preliminary bid and the outcome of the negotiations on the implementation of the Šilalė military unit project and / or the Vilnius military unit project and / or the Šiauliai military unit project.

68. Negotiations are expected to take place in these stages (they or their individual meetings may be run in parallel):

68.1. The first stage, where the technical aspects of the Preliminary bid (conditions and solutions) are discussed. It is expected that this stage will last for 60 (sixty) days. During this stage, negotiations will be conducted on the following issues:

68.1.1. engineering and technical solutions for the Šilalė military unit / Vilnius military unit / Šiauliai military unit;

68.1.2. Provision of Services, transferred to the Private entity;

68.1.3. Project results according to Specifications;

68.1.4. other issues related to the technical aspects of the Bid.

68.2. The second stage, where the financial aspects of the Preliminary bid (conditions and solutions) are discussed. It is expected that this stage will last for 30 (thirty) days. During this stage, negotiations will be conducted on the following issues:

68.2.1. financing sources and financing conditions;

68.2.2. settlement and payment order;

68.2.3. tax issues;

68.2.4. Annual remuneration reduction;

68.2.5. other issues related to the financial aspects of the Bid;

68.2.6. Plans for the establishment, operation and project management of the Šilalė military unit / Vilnius military unit / Šiauliai military unit.

68.3. The third stage, where the legal aspects of the Preliminary bid (conditions) are discussed. It is expected that this stage will last for 60 (sixty) days. During this stage, negotiations will be conducted on the following issues:

68.3.1. risk sharing between parties;

68.3.2. Assets needed for the implementation of the Projects and assets created during the implementation of the project, conditions for its use and return;



68.3.3. Asset creation and usage. Asset management plan. Project management plan, including communication, interested parties, document, risk management;

68.3.4. other issues related to the legal aspects of the Bid.

69. If necessary, more steps can be implemented during the negotiations. The number and nature of the other stages of the negotiations will be determined by the remaining Project Implementation issues to be discussed in order to obtain the full and substantiated Final bid on the basis of the Preliminary bid and the negotiations.

70. The Participant has the right to offer additional negotiation stages and / or additional issues to be discussed. If the Commission considers that such a proposal will be justified, the negotiations will be supplemented by the proposed stage and / or issue. In this case, other Participants will have the right to indicate that such a stage and / or question is not relevant to them and allowed not to participate.

71. Each stage of the negotiations will be conducted in the following order:

71.1. negotiating separately with each Participant on the issues discussed at that stage, related to the Participants Preliminary bid (or its corresponding part thereof);

71.1. negotiating separately with each Participant on the issues discussed at that stage, related to the Participants Preliminary bid (or its corresponding part thereof);

71.3. Information provided to the Participant by the Commission, which may be relevant to other Participants, shall be provided to all Participants concerned, while ensuring that the identity and confidential information of the related Participant are not disclosed;

71.4. each stage of the negotiations will be implemented, until the Commission considers that the issues, discussed at that stage, will be detailed enough, to allow the Participant to form a reasonable and complete part of the Final bid on their basis, and the Commission to prepare the final draft of the Agreement;

71.5. Negotiations will be conducted in Lithuanian language.

72. The exact dates of the negotiation stages will be specified in the invitation to negotiations. The results of each stage of the negotiations will be recorded in the negotiating minutes to be signed by the authorized representative of the Participant and the Chairman of the Commission and the Secretary of the Commission. Before signing the Protocol, the Participant will be able to provide comments on it. The protocol shall be signed during each stage (meeting) of the negotiations or after (if additional time is required for the recording of the protocol), but not later than within 5 (five) Business days following each stage (meeting) of the negotiation. If a Participant refuses to sign the protocol or fails to sign it within the time limit set in this clause, the Participant shall be deemed to have waived his Preliminary bid. The Participant will be able to change the negotiation results, which were recorded in the protocol, during the further Announced negotiations procedures execution, only by improving them or receiving the approval of the Commission.



73. In order to finalize the provisions of the Contract and related documents, the Commission has the right to agree on all the terms and conditions and take all necessary actions, even if not expressly provided for in the Conditions. However, such agreements and actions will be non-discriminatory and fair to all Participants.

74. Before signing the negotiations Protocol, the Participant will be able to provide comments on it. The Participant will be able to change the negotiation results, which were recorded in the protocol, during the further negotiations procedures execution, only by improving them.

75. Once the technical, financial and legal stages of the negotiations have been completed, the Commission has the right to ask participants to update the Bids according to the outcome of the negotiations. In such a case, the Commission will indicate to the Participants what extent and what part of the Bids the Participants have to clarify and how much time they have to submit updated versions to the Commission.

76. If necessary, in order to make it possible to compare the economic benefits of the Final bids of the Participants to the Commission, after the completion of the negotiations, the Participants may be provided with a draft Contract, adjusted according to the offers of the Participants regarding the draft Contract (Contract project). Participants will be required to submit their Final bids according to this revised project.

77. After evaluating the Final bids, the three Contracts for the implementation of the Šilalė military unit project and / or the Vilnius military unit project and / or the Šiauliai military unit project will be signed separately with the Participants whose Final bids (for the Šilalė military unit project and / or the Vilnius military unit project and / or the Šiauliai military unit project) will be assessed as the most economically advantageous.

6. DOCUMENT HARMONIZATION

78. In accordance with the amendments to the Contract, agreed by the Participants and the Commission during the negotiations, the Commission shall prepare an updated draft Contract separately for the implementation of the Šilalė military unit project and / or the Vilnius military unit project and / or the Šiauliai military unit project.

79. The Public entity, in accordance with the procedure established by legal acts, submits an updated Contract to the Ministry of Finance to receive its conclusion.

80. The Public entity will be able to conclude the Contract only if the Ministry of Finance of the Republic of Lithuania approves the draft of the Contract, prepared in accordance with the results of the negotiations.

81. The Public entity cannot guarantee the granting of such consent (-s) and assumes no responsibility if the consent would not be given, but undertakes to make all reasonable efforts to obtain such a consent. If the Ministry of Finance or another competent authority will not approve the terms and conditions set out in the draft Contract, the Commission shall have the right to revise (clarify) the draft Contract, invite Participants to negotiate the draft Contract (subject to the conclusion on the Šilalė military unit project and / or the Vilnius military unit project and / or the Šiauliai military unit project



implementation) and re-submit it to the Ministry of Finance or another competent authority, or the Announced negotiation procedures will end, i.e. be terminated by decision of the Public entity. By submitting the Bids, the Participants agree with the possibility of completing the Announced negotiation procedures with the result. specified in this Clause and shall waive (refuse) any claims against the Public entity, the Commission or their representatives.

82. After receiving the approval for the draft Contract, the Participants will be invited to provide their Final bids according to the order, specified in Section 7 of the Conditions.

7. SUBMITTING THE FINAL BID

83. After the end of negotiations, interested Participants will be invited to provide their Final bids, consisting of Technical and Financial proposal forms, provided in Conditions Annex Bid form, the requirements for legal information, provided in Conditions Annex Requirements for legal information , as well as to provide Associated companies list, under the Conditions Annex Associated companies list form, which must be immediately updated whenever there are changes in the Associated companies, development of infrastructure, services and contract management plan, as per Conditions Annex Requirements for infrastructure creation, Service provision and Contract management plan . Requirements for the submission of the Final bid are specified in the Conditions Annex Submission of bids. In the Final bid, the terms that have not been negotiated may not be offered as worse, in respect to the Public entity, than the ones, which were in the original proposal. It, depending on the results of negotiations, should include the final offered Annual remuneration and final technical proposal data. Final bids will have to be submitted by the means of CVP IS before the deadline for submission of Final bids, set by the Commission in its invitation. If the Participant fails to submit the Final bid within the set time, the Participant's bid will be rejected. The Final bid is considered to have been submitted when the last part of it is submitted, including its validity assurance.

84. The checklist for documents and / or information to be provided with the Final bid is provided below. This list is provided for the Candidates convenience and is not complete. The Candidate must fully and comprehensively familiarize with all of the Conditions and requirements to the Final bid, set therein:



Checklist for submission of Final bid documents Reference to the requirements of Conditions

1. TECHNICAL PROPOSAL (Conditions Annex Technical specifications, Conditions Annex Requirements to technical - engineering information, Conditions Annex Bid form)


2. FINANCIAL PROPOSAL(Conditions Annex Technical specifications, Conditions Annex Requirements to financial activity model, Conditions Annex Bid form))


3. LEGAL INFORMATION(Conditions Annex Requirements for legal information. Information provided according to points 1 and 2)


4. INFRASTRUCTURE CREATION, SERVICE PROVISION AND CONTRACT MANAGEMENT PLAN(Conditions Annex Requirements for infrastructure creation, Service provision and Contract management plan)


5. LIST OF ASSOCIATED COMPANIES(Conditions Annex List of Associated companies form )


6. BID VALIDITY ASSURANCE (Condition Annex Offer validity and Contract performance assurance forms)


7. Other information considered important by the Candidate

85. All Participants shall submit a Bid validity assurance for the amount of EUR 25,000 (twenty-five thousand Euro) together with their Final bid for Part I or I or III of Announced negotiations. If the Participant submits Bids for several or all parts of the Announced negotiations, an Assurance for the amount of EUR 15,000 (fifteen thousand) should be submitted for each bid. Assurance should comply with the form, provided in Conditions Annex Bid validity and Contract performance assurance forms and should be valid no shorter than the provided Final bid. In the event that the Participant has submitted inaccurate and / or incomplete Bid validity assurance together with the Bid or has not submitted it, the Commission will request the Participant to clarify, supplement or provide the Bid validity assurance within a reasonable term set by it, which may not be shorter than 3 (three) Business days from the date of sending of the request. If the Participant fails to clarify, supplement or provide the correct Bid validity assurance within the deadline set by the Commission, the Bid will be rejected.

86. The Commission may request an extension of the Bid validity assurance term, for a period not exceeding the extension of the Final bid assurance. Failure to extend the Bid validity assurance term, as it is specified in this point, will mean that the Participant refuses the Bid, however does not lose the right to the Bid validity assurance.



87. If the Bid validity assurance period ends after the Commission accepts the decision to offer the Participant to conclude a Contract, (whenever at least 20 (twenty) days are left prior to the Bid validity assurance period end) the Commission or the Public entity have the right to request to extend the Bid validity assurance for a specific term, determined by the Commission or the Public entity, which is not longer than until the day the Contract is signed. If the Participant does not respond to this request of the Commission or the Public institution to extend the term of Bid validity assurance, does not extend or does not provide a new Bid validity assurance, the Commission or the Public entity shall be entitled to use the Bid validity assurance.

88. The Public entity will immediately, but not later than within 10 (ten) days, return to the Participant the Bid validity assurance or the security, when (i) the Final bid will expire if, at the request of the Commission or the Public entity, the Participant will refuse to extend its term (except in the case, specified in Conditions Point87 ), or (ii) the Contract is concluded and will enter into force in its entirety; or (iii) the Commission / Public entity will terminate the Announced negotiations, or (iv) the Participant's bid will be rejected.

89. The Final bids will be familiarized with at a Commission meeting. The date and place of the meeting at which Final bids will be familiarized with will be specified in the invitation to provide Final bids.

90. Submitted Final bids shall be examined at a Commission meeting without the participation of representatives of concerned Participants. The protocol of familiarizing with the Bids will not be sent to the Participants. Information about the Participants, who have provided the Final bids, will be provided after the winning bid has been determined in accordance with the procedure, established in Article 47, part 1 of the Law.

91. The Commission may request the Participant to clarify his Final bid within a reasonable period of time, but such a request will not allow to ask, propose or authorize any change to the Final bid, i.e. to change the Annual remuneration or other elements forming a part of the Final bid, that are taken into account in its assessment. If any discrepancies are found, that cannot be corrected without modifying the essence of the Final bid, or the Participant fails to explain (clarify) his Final bid within the time limit, specified by the Commission, the Final bid of such Participant will be rejected.

8. FINAL BID EVALUATION

92. Evaluation of the final bids will take place without the presence of Participants. The Commission will evaluate the Final bids and make the Final bid queue according to the most economically beneficial bid criteria, according to the order, procedure and criteria, set out in Conditions Annex Bid evaluation procedure and criteria.

93. Until the Final bid validity period is not expired, the Commission may request the Participant to extend it up to a exactly specified time.

94. If the Participant specifies an unusually low Annual remuneration or its components in his Final bid, the Commission will demand from the Participant to substantiate (justify)



it. If the Participant fails to provide appropriate evidence of the validity of the Annual Remuneration or its components within the specified time, the bid will be rejected.

95. If the Commission finds errors in the calculation of the Annual remuneration at the time of the Final bid evaluation, the Participant will be asked to correct these detected arithmetic errors within the specified time. During the correction of the arithmetical errors provided in the Proposal, the Participant shall not have the right to refuse the components of the Annual remuneration or to supplement the Annual remuneration with new parts, as well as to change the Annual remuneration specified in the Bid. If the Participant fails to correct the indicated arithmetic errors within the specified term, its Final bid will be rejected.

96. The Commission will notify concerned Participants with the means of CVP IS correspondence, regarding the results of executed evaluations, created Final bid queue, decision regarding the Contract conclusion and the specific Contract postponement period application not later than in 5 (five) Business days from the completion of the evaluation. A Participant whose Final bid will be recognized as the best will be invited to conclude a Contract together with such notice.

97. Participants who will not be invited to conclude a Contract will be provided with a detailed explanation of their Final bid Evaluation.

9. CONCLUSION OF THE CONTRACT

98. During the term, specified in the invitation for the conclusion of Agreements for the Šilalė military unit project and / or the Vilnius military unit project and / or the Šiauliai military unit project, the Participants and their Private entities, established prior to the conclusion of the Contracts, will have to come to conclude (sign) the Contracts.

99. If the Participant and / or the Private entity fail to sign or refuse to conclude the Contract according to the terms and conditions, specified in the Conditions, refusing to conclude int in writing, it is held that the Participant and / or the Private Entity has refused to conclude the Contract. In such a case, the Participant whose Bid was the first after the acknowledged best bid, according to the bid queue, will be invited to conclude the Contract. In such a case, the Public entity may use the Bid validity assurance of the Participant who has refused to conclude the Contract.

100. The Financial activity model, submitted by the Participant together with the Final bid is an integral Annex of the Contract. Until the Contract is concluded / signed, the Participant must complete the Financial activity model optimization process, conduct an independent Financial activity model audit at his own expense, and the Public entity with a report on actual observations regarding the Financial activity model. The audit of the Financial activity model shall be carried out by an independent audit company, registered in the list of audit companies of the Republic of Lithuania. The audit should be conducted in accordance with international standards for related services and legislation in force in the Republic of Lithuania, which would allow the auditor to ensure that the terms and conditions of the Contract are properly reflected in the Financial activity model and that the accounting principles applied and the tax calculations are



reasonable and there are no financial modeling errors. The candidate audit company must be agreed upon with the Public entity prior to the audit, and audit work may be performed only after the Public entity has given its written approval, confirming that the audit company is acceptable to the Public entity. The Participant assumes full responsibility for the results of the independent audit of the Financial activity model, i.e. if the Annual remuneration will increase due to correction of financial modeling errors, detected after performing an independent audit of the Financial activity model, such increase shall not be transferred to the Public entity and the Annual remuneration shall not be recalculated. In case modelling error corrections would decrease the Annual remuneration, the Financial activity model should be correspondingly optimized and the Annual remuneration should be recalculated in favor of the Public entity, while keeping the Investment return norm of the Participant, specified in the Final bid.

101. The Contract will be concluded according to the project, provided according to Conditions Annex Contract project, amended according to negotiation results and Participant's offered Final bid. After the Contract is concluded, its terms and conditions may be changed only in the cases, provided for in the Contract or Article 89 of the Law on Public Procurement.

102. In order to ensure that the Participant and the Private Entity will duly fulfill all the preconditions for entry into force of the Agreement, provided for in the Agreement and that the Agreement enters into legal force within the time limits specified therein, the Participant shall provide an Obligation performance assurance, which shall be valid until Agreement will enter into legal force in full. The assurance of obligations (performance assurance) should be prepared according to forms, provided in Conditions Annex Bid validity and Contract performance assurance forms.

103. The Participant may contact the Commission for approval of the suitability of the Obligation performance assurance, prior to providing it. The Commission will provide a reply to such a request no later than 3 (three) Business days after receipt of such a request.

104. In order to ensure that the Šilalė military unit project and / or the Vilnius military unit project and / or the Šiauliai military unit project is implemented and the Contract is executed, the Private entity, when performing the preconditions for the entry of the Contract into force, is obliged to submit the Contract performance (execution) guarantee. The Contract performance assurance should be prepared according to forms, provided in Conditions Annex Bid validity and Contract performance assurance forms. The Participant may contact the Public entity for approval of the suitability of the Contract performance assurance, prior to providing it. The Public entity will provide a reply to such a request no later than 3 (three) Business days after receipt of such a request.

105. Prior to the conclusion of the Contract, the Participant will be obliged to provide a free form guarantee (surety) for the obligations of the Private entity related to performance according to the Contract. The surety must determine, that:

105.1. surety is free of charge;



105.2. If a Private entity fails to perform or improperly performs its obligations under the Contract, the Participant shall be liable to the Public entity jointly and severally with the Private entity;

105.3. The Participant is responsible in the same volume as the Private Entity;

105.4. The Participant shall also be liable in cases, when the Contract is amended and the scope of the liability of the Private entity and the liability of the Participant as a guarantor are changed or other consequences for the Participant as a guarantor arise;

105.5. The liability of the Participant as a guarantor ends only when the Private entity duty validity and performance term ends according to the Contract and cannot end sooner, because the Public entity did not demand Participant's responsibility as a guarantor during a specific period.

106. The Participant's issued surety can end prior to the determined period only in cases, specified in Conditions and the Contract, when the Private entities shares will be transferred to another subject and this subject will guarantee for the corresponding obligations of the Private entity in the same volume as the Participant, transferring the shares.

107. The Participant will only be able to transfer the shares of the Private Entity when (i) the provision of the Services required for the implementation of the Project is started in its entirety and (ii) a consent of the Public entity is obtained, which may be refused only for justified reasons, provided for in the Contract, and (iii) other conditions laid down in the Contract have been fulfilled.

108. In case the Participant and / or Private entity fails to provide Obligation performance assurance, specified in point 102 of Conditions or Contract performance assurance, specified in point 104 of Contract or will not conclude the Contract, or will refuse to conclude it on specified conditions, or will fail to execute the Contract-defined preconditions for the entry of Contract into legal force, the Commission or the Public entity will hold it, that the Participant has refused to conclude the Contract and will have the right to use Bid validity assurance, provided by the Participant and demand compensation of other direct losses from the Participant and invite another Participant to conclude the Contract, whose Final bid is second according to the economic efficiency evaluation queue.

IV. EXPENSES OF PARTICIPATION IN ANNOUNCED NEGOTIATIONS

109. Economic operators participate in these Announced negotiations at their own risks and costs. The Public entity shall not compensate all and any expenses, related to participation in these Announced negotiations, including, but not limited to expenses, related to the receipt of Conditions and (or) their translation to foreign languages, application and Primary / Final bid preparation, provision, as well as expenses, related to negotiations (including translation to foreign languages), document copying, printing, postal or courier services, technical drawing or photography preparation or sending; business trips and meetings, transport, accommodation, salaries, fees to attorneys,



consultants, engineers and other hired persons, document management and state taxes, as well as any other expenses, related to the participation in the negotiations.



Annex 1 to Conditions

USED TERMS1

CVP IS means the Central Public Procurement Information System available at https://pirkimai.eviesiejipirkimai.lt .

Participant / Participants means the Candidate / Candidates submitting the Bid.

Works means all works to be carried out by the Private entity on the design, construction, installation and other works, except Equipment works, Repairs, necessary for the establishment of the Šilalė military unit and / or Vilnius military unit and / or Šiauliai military unit and for it to comply with the requirements of Specifications and the Bid.

Business day means any day other than Saturday and Sunday and other official holidays in the Republic of Lithuania.

ESOL means the Official Journal of the European Union, available at http://eur-lex.europa.eu/oj/direct-access.html .

Financial proposal means a bid regarding the Annual remuneration, submitted together with the Financial activity model and other substantiating documents, according to the form, provided in Conditions Annex 2 Bid form, part B.

Financial activity model Means a document concluded according to a form, provided in Conditions Annex Requirements for the financial activity model, and having the same name, which specifies the Private entity activity financing structure and conditions, investment objectives are financially (economically) substantiated and an investment return evaluation is provided, together with other efficiency indicators.

Financier means a legal entity (other than an Associated person) that provides the Private Entity with the principal funding, specified in the Financial activity model, needed for the proper performance of its obligations under the Contract and with which the Public entity must, at the request of the Financier, conclude a Direct agreement.

Ministry of Finance means the Ministry of Finance of the Republic of Lithuania, legal entity code 288601650, Lukiškių g. 2, LT-01512 Vilnius.

Final bid / Final bids Means the final bid, provided by the Participant according to the forms, specified in Conditions Annex Bid form, discussing

1 The list of terms used is adjusted to the specific features of the Project.


http://eur-lex.europa.eu/oj/direct-access.html



the Project implementation technical, financing and commercial questions, formulated in the Conditions and agreed upon in negotiations, and providing other information, required by the Conditions, according to which, the Participant is ready to conclude the Contract. The Final bid contains the outcome of the negotiations and the decisions of the Bid, which have not been negotiated.

Law on Investmnt (Investment law)

means the Investment Law of the Republic of Lithuania.

Investments means mandatory investments in Šilalė military unit and / or Vilnius military unit and / or Šiauliai military unit, required for provision of Services, or other appropriate investments. required for the performance of Works and / or provision of Services, specified in the Specification.

Investor / Investors means the Participant, whose tender was considered to be the most useful and who won Part I of the Announced negotiations and / or Part II of the Announced negotiations and / or Part III of the Announced negotiations, with whom and whose Private entity the Contract is concluded, including persons replacing such, according to the provisions of the Contract.

Equipment works means the execution of works related to the installation of furniture and equipment after the completion of the Šilalė military unit and / or Vilnius military unit and / or Siauliai military unit construction, which cannot be executed without the recording of the completion of the Šilalė military unit / Vilnius military unit / Šiauliai military unit, unless Specifications or the Contract do not stipulate otherwise;

Law refers to the Law on Public Procurement in the areas of Defense and Security of the Republic of Lithuania;

Candidate / Candidates means an economic operator, seeking to be invited to participate in these Announced negotiations and submit a Preliminary bid. Any legal entity of any legal form, public legal entity (except public and private legal entities, which are classified as public sector according to the procedure established by the Law on Public Debt of the Republic of Lithuania), foreign legal person or other economic operator, established under foreign law and without legal person (entity) status, as well as branches of companies established in the European Union Member States and other countries of the European Economic Area, which are established in the



Republic of Lithuania, or a group of such persons, can become a Candidate.

It is forbidden for a subject, who (in case of a group of economic operators - any member of the group) is related to the Announced negotiation preparation for execution or Project preparation for implementation, to be a Candidate, in case it may lead to the violation of the principle of equality of suppliers.

Commission means a public procurement commission, implementing the Announced negotiations, created (appointed) by the [date] Order of the Head of Public entity No. [number].

Confidentiality obligation Means a document, prepared according to the form, provided in Conditions Annex Confidentiality obligation, with which the Candidate, seeking to participate in the Announced negotiations and receive confidential information, related to the executed project and Announced negotiations, confirms his obligations to refrain from disclosing received confidential information.

Confidentiality pledge means a written undertaking by the member, expert or other person of the Commission, not to disclose any information, the disclosure of which would be contrary to the requirements of the relevant laws, the public interest or would violate the legitimate interests of the participating economic operators and / or the Public entity, to third parties.

Annual remuneration means a payment by the Public entity to a Private Entity paid at the frequency and according to the procedure set out in the Contract.

Declaration of impartiality means a written statement by a member of the Commission, an expert or another person that he is impartial in relation to economic operators.

Bid / Bids means the totality of the documents and data provided by the Participant, proposing to provide the Services and / or to perform the Works in accordance with Conditions, established by the Public entity. The Bid consists of Technical and Financial proposals together.

Services means the provision of services, specified in the Specifications and the Bid by the Private entity, according to the Contract and Specification requirements and Bid provisions,

Transferred assets means the following property transferred by the Public entity to a Private entity: a building - dormitory, unique number 8797-8004-9024, located at Dariaus ir Girėno str. 19, in Pajūris,



Šilalė district municipality ; building - garage with a unique no. 8796-7007-8038, located at Dariaus ir Girėno str. 19, in Pajūris, Šilalė district municipality; building - garage with a unique no. 8796-7007-8040, located at Dariaus ir Girėno str. 19, in Pajūris, Šilalė district municipality.

Preliminary bid the totality of original documents submitted by the Participant prior to the negotiations, in accordance with the Conditions established by the Public entity.

Request means any question or request of a Candidate for clarification or explanation of the Conditions, submitted to the Public entity by the Candidate or Participant in relation to the Announced negotiations.

Private entity means an economic operator, established or formed by the Participant who becomes a party to the Contract and carries out the activities specified therein and which, at the time of conclusion of the Contract, must:

1) be in a legal form of a closed joint stock company; and2) be owned (i.e. 100% of its shares (parts)) only by the Participant; and3) be intended only for the implementation of Project-related activities; and4) be free of any debts or other obligations, unrelated to the execution of the Contract; and5) apply effective business accountancy standards; and6) be a registered VAT payer.

Project / Projects means "Military unit public infrastructure creation and public service provision in Šilalė district, Pajūris town "," Military unit public infrastructure creation and public service provision in Vilnius district, Rokantiškės village ","Military unit public infrastructure creation and public service provision in Šiauliai city " projects, implemented by the Public entity by a partnership between the public and private entities, which descriptions are provided in Conditions Annex Technical specifications.

Repairs means simple or overhaul repair works as defined in the Law on Construction of the Republic of Lithuania and other legal acts of the Republic of Lithuania.

Conditions means the terms and conditions of the Announced negotiations and their annexes, as well as all their revisions and responses to the Requests of Candidates or Participants.



Announced negotiations means, a procurement by a public authority, in accordance with Article 22 of the Law and these Conditions, to select a Private entity for the implementation of the Project and related negotiations with the Participants for the implementation of this purpose in order to agree on the terms and conditions of the Technical and Financial proposals conditions, based on which, the Participants are required to submit to Final bids.

Specifications means the Works and Services specifications, determining requirements and indicators, which should be used as a guide by the Participant to prepare the Preliminary and Final bids, which the Works and Services should comply with, provided for in the Conditions Annex Technical specifications.

Subcontractors means the entities, specified in the application and / or the Preliminary bid and / or the Final bid or the ones replacing them (or new economic operators invited) during the performance of the Contract and the economic operators, employed by such economic operators who carry out the work and / or provide services for which the Private entity is responsible under the Contract, with the exception of electricity and heat, water suppliers, sewage disposal, waste disposal and other utilities providers.

Associated person means:1) Investor;2) Associated company;3) Members of the supervisory and management bodies of the Investor or Associated Company; 4) Spouse of a member of the supervisory and management body of an Investor or an Associated company, his or her close relatives, as well as persons associated with affection to the second degree inclusive;5) companies, associated to persons referred to in point 4) and members of the supervisory and management bodies of such companies.

Associated company means any company, compliant with the requirements, specified in Conditions Annex Associated company list form.

Contract / Contracts means the public and private entity partnership contract between the Public entity, Private entity, and Investor, which is sought to be concluded with these Announced negotiations, which is used to implement the Šilalė military unit project and / or the Vilnius military unit project and / or the Šiauliai military unit project according to the PPP way, as it is specified in the Law on investment and Conditions.



Technical proposal means a proposed regarding the Project implementation technical conditions, provided together with substantiating documents, according to the form, specified in Conditions Annex Bid form part A.

Direct agreement means an agreement between the Financier, Public entity and the Private entity by which the Public entity undertakes to grant access for the Financier (or his appointed subject) to use a step-in right to implement the Contract instead of the Private subject according to the conditions, specified in the agreement.

Assets means the Šilalė military unit, the Vilnius military unit, the Šiauliai military unit and the Transferred assets.

Public-private partnerships or PPP

means a method of public-private partnerships whereby the Private entity invests in the areas of activity assigned to the functions and state or municipal assets, needed to execute such activities, of a Public authority under the conditions set out in a public-private partnership contract and carries out the activities defined in the Investment Law in those areas, for which the Private entity is remunerated by the Public entity.

Public entity means the Ministry of National Defense of the Republic of Lithuania, the state budget institution, the institution code - 188602751, address - Totorių str. 25, LT-01121, Vilnius, tel .: +370 706 70 750 which according to the 2018-__-__ Decree of the Government of the Republic of Lithuania no. ........ "On the implementation of Ministry of National Defense public and private sector partnership projects" is held a governing subject, according to part 17, article 2 of the Investment law, additional - a procuring organization, according to part 25, article 2 of the Law on public procurement of the Republic of Lithuania.

PPP means public-private partnerships.

Land plots means the land plots of Šilalė, the land plot near Vilnius and the land of Šiauliai together.

Šiauliai military unit means the infrastructure of a military unit in Šiauliai - designed, built and equipped as described in the Specifications.

Project of Šiauliai military unit Means the Public entity's implemented PPP project "Military unit development in Šiauliai region", which is described in Specifications.

Start of Šiauliai military unit operation

means the date, after which the Private subject begins providing Services and receiving the Annual remuneration.

Šiauliai military unit creation period

means the period from the date of the entry of the Contract into legal force in full to the Šiauliai Military Unit (MU) operation



start.

Šiauliai land plot. means a plot of land, which, until the entry of the Contract into force, will be fully formed by merging 5 (five) plots of land (about 7.8 ha) at Pakruojis str. 49, K. Jankausko str. 27, K. Jankausko str. 29, K. Jankausko str. 37 K. Jankausko str., Šiauliai city.

Šilale military unit means the infrastructure of a military unit in Šilale region, Pajūris town - designed, built and equipped as described in the Specifications.

Project of Šilalė military unit Means the Public entity's implemented PPP project "Military unit development in Šilalė region, Pajūris town", which is described in Specifications.

Start of Šilalė military unit operation


Šilalė military unit creation period means the period from the date of the entry of the Contract into legal force in full to the Šiauliai Military Unit (MU) operation start.

Šilalė land plot means land plot at Dariaus ir Girėno str. 19., Pajūris town, Šilale district municipality

Vilnius military unit means the infrastructure of a military unit in Vilnius region, Rokantiškės village - designed, built and equipped as described in the Specifications.

Project of Vilnius military unit Means the Public entity's implemented PPP project "Military unit development in Rokantiškės village (Vilnius region)", which is described in Specifications.

Start of Vilnius military unit operation


Vilnius military unit creation period

means the period from the date of the entry of the Contract into legal force in full to the Šiauliai Military Unit (MU) operation start.

Vilnius land plot. means a plot of land which, before the entry of the Contract into full force , will be formed by the merger of 2 (two) plots of land located at Vilnius. municipality., Šatrininkai eldership, Rokantiškės village




TECHNICAL SPECIFICATIONS

[ Attached as a separate document. ]




SUBMISSION OF REQUESTS

Requests may be submitted only by means of CVP IS correspondence. Requests are submitted in Lithuanian language. In order to submit an application or a Preliminary / Final bid, you must register with CVP IS.

A description of the registration procedure can be found at: https://vpt.lrv.lt/en/cvp-is/mokymu-medziaga/tiekejams-1The application form for registration can be found at:https://pirkimai.eviesiejipirkimai.lt/

The application must be submitted in Lithuanian. If the application is submitted in a language other than Lithuanian, the Commission will ask the economic operator to translate the request into Lithuanian.

Applications relating to a specific procedure may be submitted no later than 8 days prior to the closing date for the submission of the application / negotiations / Preliminary or Final bids.

When submitting the Requests, the Candidate / Participant must indicate whether the Request contains confidential information and what exactly is to be considered as such. If the Public entity does not agree that the information provided is confidential, it will ask to substantiate (justify) its confidentiality. If, in the opinion of the public entity, the Candidate / Participant did not justify the confidentiality of the information indicated, such a Request will not be granted a reply.

The Public entity will reply to Request, provided in time, through the means of CVP IS Correspondence immediately but no later than in 6 (six) days and no later than 6 (six) days prior to the deadline for submission of the Application, Negotiations, Preliminary / Final bids. If it takes more time for the Public entity to prepare a comprehensive answer, the Candidates / Participants will be informed about the exact time they will receive replies and / or of the extension of the respective deadlines, no later than in 6 (six) days, if the entity's reply will be provided later than 6 (six) days prior to the deadline for submission of the Application, Negotiations, Preliminary / Final bids.



https://vpt.lrv.lt/lt/cvp-is/mokymu-medziaga/tiekejams-1



QUALIFICATION REQUIREMENTS

An economic operator, participating in Part I and / or II and / or III of the Announced negotiations, should meet the following general, economic and financial state, as well technical and professional capacity requirements specified below. In the event that the parts of the Announced negotiations are not included in the relevant qualification requirements in the table below, it is held that the requirement for all (I, II and III) parts of the Announced negotiations shall be deemed to be of the same scope (volume).

I. General requirements The following should be presented as proof of compliance:

1.1. The Candidate (being a legal entity) head or the true member(s) of an economic partnership, entitled to transact on behalf of the legal entity or the accountant(s) or any other person(s) entitled to sign the Candidate's accounting documents has a conviction that is not expired or expunged, or in the past 5 years the Candidate (being a legal entity) has been convicted by final judgement of the participation in, organizing or management of a criminal organization, a terrorist or terrorist-related crime, state secret disclosure or loss, bribery, influence trade, graft, fraud, the use of a credit, loan or specific purpose aid otherwise than for the intended purpose or in the established procedure, credit fraud, non-payment of taxes, submission of misleading data about income, profit or assets, failure to submit a declaration, report or other document, fraudulent accountancy or abuse, when these criminal acts were aimed at the financial interest of the European union, as it is described in the Convention on the protection of the European Union's financial interests prepared according to article K.3 of the European Union Treaty, 1st article, legitimizing money or property obtained through criminal conductor, or suppliers established in other countries have been the subject of a conviction by final judgment of criminal activities defined in the EU legislation listed in p. 1 article 39 of Directive 2009/81/EB.

An extract from court ruling (if such exists) or a document issued by the IT and Communications Department under the Ministry of the Interior or a document of a relevant foreign authority, confirming that the (i) Candidate, (ii) Head of Candidate and other persons acting on behalf of the Candidate, the (iii) accountant or other person, having the right to conclude and sign Candidate's accountancy documents, has no effective criminal conviction for the criminal activities, specified in this point.If such documents are not issued in the home country of the Candidate or do not cover all the issues raised, they can be changed by:(i) an appropriate declaration of oath, if

applicable in the Candidate's home country; or

(ii) if an oath declaration is not applied - an official Candidate's declaration, which he has provided to the competent legal or administrative institution, notary or competent professional or trade organization in the country of his origin or the country from where he came from.

Documents, specified in this point should be issued not earlier than 30 (thirty) days prior to the end of the application submission term, or their validity term should include this date.digital copies of documents or documents created by electronic means are transferred



with the measures, provided by the CVP IS system.

1.2. The Candidate is not bankrupt or being liquidated, he has not entered into a peace arrangement with creditors (an agreement between the Candidate and creditors to continue the Candidate's activity, when the Candidate undertakes specific obligations and creditors accept to postpone, decrease or give up their demands) or suspended or limited its activities, or his position, according to the laws of the country where he is registered, is similar or the same.

1)If a Candidate is a legal person registered in the Republic of Lithuania, the Commission does not require the Candidate to submit documents regarding its legal status. This information will be checked in the information system of the State Enterprise Center of Registers on the last date for submission of applications, specified in Conditions. If the Candidate is a legal person, registered in a foreign country, he provides a document, issued by a competent foreign country institution, confirming that the Candidate s not bankrupt or being liquidated, he has not entered into a peace arrangement with creditors or suspended or limited its activities, or his position, according to the laws of the country where he is registered, is similar or the same. If such documents are not issued in the home country of the Candidate or do not cover all the issues raised, they can be changed by:(i) an appropriate declaration of oath, if

applicable in the Candidate's headquarters country; or

(ii) if an oath declaration is not applied - an official Candidate's declaration, which he has provided to the competent legal or administrative institution, notary or competent professional or trade organization in the country of his origin or the country from where he came; or

(iii) A Candidate's free form declaration, if it substantiates the circumstances, that there is no such agreement with the creditors and that he did not stop or limit his activities.

2) Candidate's declaration, filled out according to the form, provided in Conditions Annex Candidate's declaration form.

Documents, specified in this point should be issued (created) not earlier than 30 (thirty) days prior to the end of the application submission term, or their validity term should



include this date.digital copies of documents or documents created by electronic means are transferred with the measures, provided by the CVP IS system.

1.3. The Candidate is not subject to restructuring, bankruptcy or bankruptcy outside of court proceedings, compulsory winding-up (liquidation) proceedings or creditor's peace agreement proceedings or analogous proceedings under the law of the State in which the Candidate is registered.

1)If a Candidate is a legal person registered in the Republic of Lithuania, the Commission does not require the Candidate to submit a document regarding its legal status. This information will be checked in the information system of the State Enterprise Center of Registers on the last date for submission of applications, specified in Conditions. If the Candidate is a legal person, registered in a foreign country, he submits a document issued by the relevant foreign state authority, confirming that the Candidate has not been subject to restructuring, bankruptcy proceedings or non-judicial bankruptcy proceedings, no compulsory liquidation or settlement agreement with creditors has been initiated. If such documents are not issued in the home country of the Candidate or do not cover all the issues raised, they can be changed by:(i) an appropriate declaration of oath, if

applicable in the Candidate's headquarters country; or

(ii) if an oath declaration is not applied - an official Candidate's declaration, which he has provided to the competent legal or administrative institution, notary or competent professional or trade organization in the country of his origin or the country from where he came; or

(iii) A Candidate's free form declaration, if it substantiates the circumstances, that there is no forced liquidation process or agreement with the creditors.

2) Candidate's declaration, filled out according to the form, provided in Conditions Annex Candidate's declaration form.

Documents, specified in this point should be issued (created) not earlier than 30 (thirty) days prior to the end of the application



submission term, or their validity term should include this date.digital copies of documents or documents created by electronic means are transferred with the measures, provided by the CVP IS system.

1.4. During the last 5 (five) years, the Candidate, as a legal person, has not been convicted by final judgement for criminal offenses against property, property rights and property interests, intellectual and industrial property, economic and business policy, financial system, public service and public interests, as well as criminal offenses related to the possession of arms, ammunition, military equipment, with the exception of activities, specified in point 1 of this table.

An extract from court ruling (if such exists) or a document issued by the IT and Communications Department under the Ministry of the Interior or a document of a relevant foreign authority, confirming that the Candidate has no active (not terminated) criminal record for the criminal offenses referred to in this point.If such documents are not issued in the home country of the Candidate or do not cover all the issues raised, they can be changed by:(i) an appropriate declaration of oath, if

applicable in the Candidate's home country; or

(ii) if an oath declaration is not applied - an official Candidate's declaration, which he has provided to the competent legal or administrative institution, notary or competent professional or trade organization in the country of his origin or the country from where he came.

Documents, specified in this point should be issued not earlier than 30 (thirty) days prior to the end of the application submission term, or their validity term should include this date.digital copies of documents or documents created by electronic means are transferred with the measures, provided by the CVP IS system.

1.5. The Candidate has not been guilty of grave professional misconduct, which can be proven by the Public entity by any lawful means. On this basis, the Candidate shall be excluded from the procurement procedure if he has conducted at least one of the following violations: a) violation of competition, labor, occupational safety and health and environmental legislation, information and / or intellectual property protection, for which either an administrative sanction or an economic sanction was imposed on

Candidate's declaration, filled out according to the form, provided in Conditions Annex Candidate's declaration form.

digital copies of documents or documents created by electronic means are transferred with the measures, provided by the CVP IS system.



the Candidate, provided for in the laws of the Republic of Lithuania or laws of other states, whenever less than 1 (one) year has elapsed as of the effective date of the decision on such a sanction. b) violation of a ban to conclude prohibited agreements, specified in the Law on competition or similar type of a state legal act, when less than 3 (three) years have passed since the entry in to legal force of a decision to appoint an economic sanction according to the Law on competition or a legal act of a foreign state. c) breach of professional ethics, whenever the Candidate was acknowledged as non-compliant with professional ethics norms has taken place less than 1 (one) year ago;d) failure to implement or improper implementation of a public procurement contract, whenever this was an essential violation of the public procurement contract, as it is set in the Civil Code of the Republic of Lithuania (hereinafter - essential violation of a procurement contract), whenever a public procurement contract has been terminated due to such actions during the last 3 (three) years or a court ruling has been issued and entered legal force in the last 3 (three) years, whenever the procuring organization's demand to compensate losses, incurred due to the Candidate executing his essential condition of the contract with large or constant deficiencies, has been granted. On this basis, the Candidate is also excluded from the procurement procedure where, under the legislation of other States, it has been established during the last 3 (three) years that the Candidate, while executing a previous public procurement contract, has executed an essential requirement of said contract with large or constant deficiencies, and due to such action, that contract was terminated prior to its period, a damage compensation has been demanded or other similar sanctions have been applied to the Candidate. The Public entity also removes the Candidate from the procurement person in cases when he has reliable data, that the Candidate has been established in order to avoid his removal under this basis.

1.6. During the procurement procedures, the candidate has not concealed the information or did not

Candidate's declaration, filled out according to Conditions Annex 8 Candidate



provide false information about compliance with the established requirements, which the Public entity can prove by any legal means. On this basis, the Candidate is also excluded from the procurement procedure, whenever during the previous procedures he has hidden information or provided false information (specified in this point) and due to that, was removed from the procurement procedures during the last year, or had a ruling issued and entering legal force during the last year. On this basis, the Candidate is also excluded from the procurement procedure, whenever (according to other State legal acts) during the previous procurement procedures he has hidden information or provided false information and due to that, was removed from the procurement procedures during the last year, or had a ruling issued and entering legal force during the last year.

declaration form provided form


1.7. The Candidate has fulfilled obligations related to the payment of taxes, including social security contributions, in accordance with the requirements of the State in which he is registered or of the State in which the Public entity is located. A candidate shall be deemed to have fulfilled obligations relating to the payment of taxes, including social security contributions, if the amount of the unfulfilled commitments is less than 50 (fifty) euro.

1) a document issued by the State Tax Inspectorate or a document issued by the State Enterprise Center of Registers in accordance with the procedure established by the Government of the Republic of Lithuania, confirming the joint data processed by the competent authorities, or a document of the relevant foreign state institution.2) If the Candidate is a legal person registered in the Republic of Lithuania, it is not required to submit documents proving the confirmation on fulfillment of social insurance obligations. The Public entity verifies the data on the last date for submission of applications as specified in the Conditions. In the event that the information system of the institution administrating social insurance obligations does not work on the last day of submission of applications due to technical disturbances and the Public entity has no possibility to check data on the qualification of the Candidate free of charge, the Public entity has the right to ask the Candidate to submit a document issued in accordance with the established procedure confirming compliance with the qualification requirement of this clause. before the deadline for submission of applications.If the Candidate is a legal person registered



in a foreign state, he submits a document issued by the relevant foreign state authority confirming the compliance with the established requirement.

Documents, specified in this point should be issued not earlier than 30 (thirty) days prior to the end of the application submission term, or their validity term should include this date.digital copies of documents or documents created by electronic means are transferred with the measures, provided by the CVP IS system.

1.8. The Candidate must comply with the secret information protection requirements and his staff should have the right to work or access secret information, classified as “RESTRICTED ACCESS”.

A certificate or permit to work or familiarize with secret information, issued according to the regulations, specified in the Law on state and service secrets of the Republic of Lithuania, or certifying compliance with protection requirements to work with information marked as "Restricted access".Companies, institutions, organizations or nationals of foreign states or operating and registered in foreign states with which international agreements on mutual protection of classified information have been concluded, or with whom classified information is exchanged in accordance with European Union or NATO legislation, may participate in the selections organized by the classified subjects of the Republic of Lithuania to form a classified transaction, in the course of which the classified information of the Republic of Lithuania will be transferred, if the foreign authority ensuring the security of the classified transactions confirms that the company, institution, organization or natural person participating in the selection is reliable and complies with the requirements of the foreign country for the suppliers; concluding relevant classified transactions.


II. Requirements for economic and financial condition The following should be presented as proof 7

CONDITIONS FOR INVESTOR SELECTION BY ANNOUNCED NEGOTIATIONS


of compliance:2.1. The Candidate's average annual building (of

which at least one building should have a general area of at least 3.500 m2) and engineering construction management and maintenance service income for the last 3 (three) financial years prior to the application submission term deadline or for the time from the Candidate's registration day (if the activity was executed for less than 3 (three) financial years) to the application submission term deadline, should be at least 400 000 (four hundred thousand) Eur (excl. VAT) (or correspondingly in other currencies).

The list of provided asset administration and maintenance services, according to the form, provided in Conditions Annex 10 Asset administration and maintenance service list form for the last 3 (three) financial years, prior to the end of the application submission term or for the time from the Candidate's registration day (if the activity was executed for less than 3 (three) financial years) to the application submission term deadlineOnly the income that is received for simultaneous administrative and maintenance services in the same building will be counted for the substantiation of the value of the qualification requirement,The public entity reserves the right to request to provide client certificates, stating that the services have been provided in accordance with the requirements of applicable legislation governing the provision of services and that they were properly provided.


2.2. The Candidate must be financially capable of financing the project of the Šilalė military unit or the project of the Vilnius military unit or the project of the Šiauliai military unit. The total amount of funding, including the Financier's contribution to the project of the Šilalė military unit or the project of the Vilnius military unit or the project of Šiauliai military unit, together with the financial contribution of the Participant, should be not less than 40 300 000 (forty million three hundred thousand) Euro in the case of the project of the Šilalė military unit or 42 490 000 (forty two million four hundred ninety thousand) in the case of the Vilnius military unit project or 43 110 000 (forty three million one hundred and ten thousand) in the case of the Šiauliai military unit project.

A letter from the Financier, regarding the planned financing and / or from Candidate shareholders (participants) or other competent management bodies to allocate the required funds or other evidence of the availability of these funds. In the event that the Candidate will rely on the decision of the Candidate's shareholders (participants) or other competent management bodies, Public entity will in all cases verify whether the decision has been taken by the appropriate body of the entity, within the limits of its competence, and whether that person actually manages the amount, necessary to finance the Project (Projects). In case of the Candidate participates in two or all Announced negotiation parts, qualification requirement value is summed accordingly.




III. Technical and professional capacity requirements The following should be presented as proof of compliance:

3.1. The Candidate's average annual building (of which at least one building should have a general area of at least 3.500 m2) together with engineering construction and installation work volume 2for the last 5 (five ) years prior to the application submission term deadline or for the time from the Candidate's registration day (if the activity was executed for less than 5 (five) financial years) to the application submission term deadline, should be at least 15 420 000 (fifteen million four hundred twenty thousand) Eur (excl. VAT) (or correspondingly in other currencies).

Acceptable experience gained by the Candidate in building a construction of the relevant scope and complexity, both on the basis of the agreement for contracted works and on his own risk, using only the builder's (client's) workforce or in a mixed manner.

A list of buildings constructed together with engineering constructions and installation works, for the last 5 (five) years prior to the application submission term deadline or for the time from the Candidate's registration day (if the activity was executed for less than 5 (five) financial years) to the application submission term deadline according to a form, provided in Conditions Annex 11 Construction and installation works list form.To qualify, Candidates may submit KS-01 (Quarterly) statistical reports instead of the above-mentioned documents.3

The Public authority reserves the right to require the submission of client certificates (and / or construction works completion acts) confirming that the construction and installation work has been carried out in accordance with the requirements of the applicable legislation, governing the execution of the works and that the works have been properly completed.


NOTES:

1) If the Candidate is unable to provide the specified documents because of valid (justifiable) reasons, other documents acceptable to the Commission or information, confirming the compliance of the Candidate's qualification with the requirements, may be submitted. In such a case, it is advisable to ask the Commission in advance for the acceptability of the qualifications confirming documents.

2) If submitted documents do not contain the data in euro but in a currency other than the euro, the values quoted must be converted into euro at the exchange rate present on the last day of the document's reporting period or contract implementation last day.

2 The volume of construction and installation works for the building or buildings, together with engineering constructions, should be presented for evaluation. Separate parts - building construction, civil engineering works or installation works will not be evaluated3 In case if KS-01 (quarterly) statistical report does not include the assessed period, the Candidate can provide a list of executed works according to a form, provided in Conditions 2 Annex Construction and installation works list form to compensate for the lacking period.



3) A candidate, who wishes to participate in two or all parts of the Announced negotiations must comply with all the above minimum qualification requirements (for each part of the Announced negotiations separately) and submit the qualification documents for each part of the Announced negotiations separately.

4) If the Candidate is a group of economic operators, point 2.2 of the General requirements and Economic and financial state requirements should be executed by each of the members of the group of economic operators (in case of point 2.2 - each member according to the part of the obligations in the Project, specified in the joint venture agreement), as well as execute other obligations and correspondingly provide documents, specified in Conditions, by at least one member of the group of economic operators or all members together.

5) In order to prove the compliance with the qualification requirements, set out in points 2.1 and 3.1, one can use Subcontractors' or other economic operator's capacity. Subjects, whose qualification is used as a basis by the Candidate, should comply with the General requirements (except for point 1.8). In this case, along with the application to participate in the Part I of the Announced negotiations and / or Part II of the Announced negotiations and / or Part III of the Announced negotiations, the Candidate must provide evidence that such entities undertake to provide the Applicant with the appropriate capacity to perform the Contract and that they have present and may provide the Candidate with such capacity. Such evidence may be provided by providing a preliminary contracted work, service or other relevant agreement, which must clearly and specifically indicate the resources to be transferred, the means and the measures of ensuring that the relevant qualification is actually transferred to the Candidate, and must also provide for a sanction for the resource-providing entity in case of non-performance of contractual obligations and / or improper performance of the contract, and the contract shall contain not only the right of the Candidate, the Private Entity, but also the right of the Public entity to require performance of obligations under this Agreement. The Candidate may also provide other documents proving the availability of resources, however, they must be equivalent and acceptable to the Commission and should be justifying all the conditions set out above by the Commission.

6) Subcontractors or other economic operators, on whose competence the Candidate relies upon, can be changed with other Subcontractors or economic operators according to the order, provided for in the Contracts and only with such subjects, who comply with the General requirements (with the exception of point 1.8) and whose capacity is not worse than the replaced Subcontractor's or other economic operator's ensured capacities, i.e. the new Subcontractor or other economic operator also complies with the qualification requirement, which the Candidate has relied upon the previous Subcontractor or economic operator to comply with the qualification selection requirements.



1 Annex to Conditions

SUBMISSION OF THE APPLICATION

In order to express a wish to participate in the Public entity’s executed Announced negotiations, the economic operator is obliged to fill in a form, provided in Conditions Annex Application form, and attach the following documents to it.DOCUMENT CHECKLIST

A checklist of documents is provided for the convenience of economic entities:

Document checklist

1. Document certifying the authorization of the representative.

2. Joint venture agreement (where applicable).

3. Confidentiality obligation, filled out according to a form, provided in Conditions Annex Confidentiality obligation form.

4. Candidate's declaration, filled out according to the form, provided in Conditions Annex Candidate's declaration form.

5. An extract from court ruling (if such exists) or a document issued by the IT and Communications Department under the Ministry of the Interior or the State Enterprise Center of registers, confirming the joint data, managed by competent institutions, or documents issued by an authorized foreign institution, or in case such documents are not issued or do not cover all of the questions herein, in the state of the headquarters of the Candidate - a declaration of oath / official Candidate's declaration, confirming the compliance of the Candidate with the qualification requirement, provided in point 1.1 of Conditions Annex Qualification requirement.

6. For a legal person registered in a foreign state - a document issued by the relevant foreign state authority confirming that the Candidate is not bankrupt, liquidated, concluded a settlement agreement with creditors, suspended or restricted its activity or the Candidate's position under the laws of the State where it is registered is not the same or similar, or in case such documents are not issued or do not cover all of the questions herein, in the state of the headquarters of the Candidate - a declaration of oath / official Candidate's declaration, confirming the compliance of the Candidate with the qualification requirement, provided in point 1.2 of Conditions Annex Qualification requirement.

7. For a legal person registered in a foreign state - a document issued by the relevant foreign state authority confirming that the Candidate is not a participant of a restructuring, bankruptcy file or a non-judiciary bankruptcy process, there is no forced liquidation or a procedure of settlement with Creditors, or in case such documents are not issued or do not cover all of the questions herein, in the state of the headquarters of the Candidate - a



declaration of oath / official Candidate's declaration / Candidate's free form declaration, confirming the compliance of the Candidate with the qualification requirement, provided in point 1.3 of Conditions Annex Qualification requirement.

8. An extract from court ruling (if such exists) or documents issued by the IT and Communications Department under the Ministry of the Interior or a foreign state authorized institution, or in case such documents are not issued or do not cover all of the questions herein, in the state of the headquarters of the Candidate - a declaration of oath / official Candidate's declaration, confirming the compliance of the Candidate with the qualification requirement, provided in point 1.4 of Conditions Annex Qualification requirement.

9. A document issued by the State Tax Inspectorate or a document issued by the State Enterprise Center of Registers in accordance with the procedure established by the Government of the Republic of Lithuania, confirming joint data processed by the competent authorities or a document of the relevant foreign state institution, or in case such documents are not issued or do not cover all of the questions herein, in the state of the headquarters of the Candidate - a declaration of oath / official Candidate's declaration, confirming the compliance of the Candidate with the qualification requirement, provided in point 1.7 of Conditions Annex Qualification requirement.

10. A certificate or permit to work or familiarize with secret information, issued according to the regulations, specified in the Law on state and service secrets of the Republic of Lithuania, or certifying compliance with protection requirements to work with information marked as "Restricted access".

11. For a legal entity registered in a foreign state, a confirmation by a foreign authority that provides the security of the classified transactions, that the company, institution, organization or natural person, participating in the selection, is reliable and meets the requirements of that foreign country for the suppliers involved in the relevant classified transactions.

12. Asset administration and maintenance service list, filled out according to the form, provided in Conditions Annex Asset administration and maintenance service list form (additionally provided in Microsoft Excel format), confirming the Candidate's compliance with the qualification requirements, provided in Conditions Annex Qualification requirements, point 2.1.

13. Financier's letter regarding the planned financing and / or Candidate's shareholder (participant) or other competent management body's decision to allocate needed funds or other evidence of the availability of such funds, confirming the Candidate's compliance with the qualification requirements, provided in Conditions Annex Qualification requirements, point 2.2.

14. List of construction and installation works of buildings with



engineering constructions, filled according to the form, provided in Conditions Annex 2 Construction and installation works list form (additionally provided in Microsoft Excel format), or KS-01 (quarterly) statistical reports, confirming the Candidate's compliance with the qualification requirements, provided in Conditions Annex Qualification requirements, point 3.1.15. Other documents that the Candidate considers may be useful in assessing his / her compliance with the Qualification requirements.

APPLICATION SUBMISSION REQUIREMENTS

When submitting an application, the Candidate must comply with the following requirements: 1) If, for justifiable reasons, the economic operator is unable to provide the required documentation, he has the right to provide, other documents or information that demonstrate that his qualifications meet the requirements instead. It is advisable to check the admissibility of such documents or information with the Public entity in advance. 2) All documents should be provided in Lithuanian language. If the application and the attached documents are not in Lithuanian, the Commission will ask to translate the application and the documents attached to it into the Lithuanian language within the additional time limit. In case of differences in the content of the application text between the Lithuanian and the non-Lithuanian language, the Lithuanian text of the application and the documents attached to it shall be considered correct. The authenticity of the translation must be certified by the signature and stamp of the translator or the person authorized by the candidate (if any). The candidate assumes responsibility for the correctness of the translation; 3) Taking into account the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille convention) order description, approved by the 30 October 2006 Order of the Government of the Republic of Lithuania, documents, which were issued in foreign countries, which have not joined the Hague convention, and will be submitted in the Republic of Lithuania - should be legalized. If a Candidate is from a foreign country that has joined the Hague Convention or a bilateral agreement is concluded between Lithuania and a foreign country where the Candidate is registered, stipulating that official documents falling within the definition of the subject matter of the bilateral agreement shall be exempt from the approval - it shall not be required from the Candidate qualification confirming document to be approved with an approval mark (Apostille). 4) The submitted application and other documents of the Candidate must be signed by a person authorized by the Candidate. Documents issued by other institutions or persons must be signed by the person who issued them or by a representative of the relevant institution; 5) The application, together with the attached documents (and all other documents requested by the Commission after the submission of the applications), must be submitted by means of CVP IS, by providing a form, which cannot be edited electronically (except for documents substantiating the criteria of the qualifying selection in Microsoft Excel format). The application must be signed by a qualified electronic signature, confirming the application. Electronic submission of documents declares that the digital copies submitted are genuine. Documents or digital copies of documents



submitted by the candidate must be accessible using non-discriminatory, generally available data file formats (i.e. pdf, jpg, etc.). The Commission has the right to request originals or certified copies of documents.




APPLICATION FORM

________________________________________________________________________________(Candidate name, legal entity code, home address)

Ministry of National Defense of the Republic of LithuaniaTotorių str. 25, LT-01121 Vilnius,Tel. +370 706 70 750Fax. +370 5 264 8517email p. [email protected]

APPLICATION TO PARTICIPATE IN [delete unnecessary PART I OF ANNOUNCED NEGOTIATIONS

or PART II OF ANNOUNCED NEGOTIATIONS or PART III OF ANNOUNCED NEGOTIATIONS ]4

(Date) (number)

(Location)

[ delete unnecessary " MILITARY UNIT DEVELOPMENT IN ŠILALĖ DISTRICT, PAJŪRIS TOWN"

or " MILITARY UNIT DEVELOPMENT IN ROKANTIŠKĖS VILLAGE

(VILNIUS DISTRICT)"; or

“MILITARY UNIT DEVELOPMENT IN ŠIAULIAI REGION” ]

Expressing interest in the possibility of the implementation of [ delete unnecessary "Development of a military unit in Šiauliai district, Pajūris town” or "Development of a military unit in Vilnius district, Rokantiškės village" or "Development of a military unit in Šiauliai district"; ] project, declare our wish to participate in the [ delete unnecessary in the Part I of the announced negotiation or Part II of the announced negotiation or Part III of the announced negotiation ] procedures for the award of the contract, which was published on [ date ] in the European Union official Journal of the [ number ] and CVP IS purchase number - [ purchase number ] .

For this purpose, we provide data on our qualification.4 The application shall be completed separately for each part of the Announced negotiations.



General data5 :

Name of candidate

Legal entity code

VAT payer's code

Registered headquarters address

Correspondence address

Responsible person (manager or authorized person)6 :

Position, name, surname

Contacts (address, email, phone number, etc.)

By submitting this application, we note that we agree with all the terms and conditions of these Announced negotiations set forth in the Notice on the Announced negotiations, in these Conditions, their Annexes, as well as in their specifications and explanations.

With this application we confirm that we comply with all of the qualification requirements, provided for in the Conditions Annex Qualification requirements. We prove our compliance with each qualification requirement by submitting the following documents:

Qualification requirement7 Compliance with the requirement is evidenced by8 Meaning of

qualification

Qualification selection criteria Criteria value

(P1) The Candidate's average annual building (of which at least one building should have a general area of at least 3.500 m2) and engineering construction and installation service income for the last 5 (five) financial years prior to the application submission term deadline or for the time from the Candidate's registration day (if the activity was executed for less than 5 (five) financial years) to the application submission term deadline

____________

Eur excl. VAT

5 If the Candidate acts as a group of economic operators, this information must be provided for all members of the group. It is also necessary to specify which member is the principal and authorized to represent the group of economic operators.6 In the case of a group of economic operators, only the person (s) empowered to represent and act on behalf of the group as a whole should be specified.7 Specify the qualification requirement number according to Conditions Annex Qualification requirements.8 Specify the documents confirming the Candidate’s compliance with the qualification requirement and the number of their pages. If compliance with the qualification requirement is based on the capacity of the members of the group of economic operators, subcontractors or other entities, their names must be indicated.



The average Candidate's annual volume of construction and installation works of buildings with engineering structures is evaluated in Euro excluding VAT.

(P2) The Candidate’s average annual building (of which at least one building should have a general area of at least 3.500 m2) and engineering construction management and maintenance service income for the last 3 (three) financial years prior to the application submission term deadline or for the time from the Candidate's registration day (if the activity was executed for less than 3 (three) financial years) to the application submission term deadline.

The average Candidate's income from management and maintenance works with buildings with engineering structures is evaluated in Euro excluding VAT.

____________

Eur excl. VAT

We confirm that Subcontractors or other economic operator's, who we use to substantiate our compliance with qualification requirements, will have the resources, needed to ensure corresponding requirements and will be available to us to the extent needed to implement the Contract, with the following documents:

Qualification requirement, compliance

with which is based on the capability of

subcontractors or other entities

Name, code, address, contact person of the

subcontractor or other entity whose capacity is

used to substantiate compliance

Provided evidence of availability of required resources9

Other important information about the Candidate's compliance with the qualification requirements:

In addition to the above-mentioned documents, we submit the following with the application:

1) Candidate's declaration (Conditions Annex Candidate declaration form)

2) Confidentiality obligation (Conditions Annex Confidentiality obligation form);

3) [Specify other submitted documents - the authorization to represent the Candidate, joint venture agreement, etc.].

9 Documents, named in Conditions Annex Qualification requirements, Notices, Point 5).



We hereby confirm that the information provided in the application or in the documents accompanying it is correct, the digital copies of the submitted documents and the data provided are true. We understand that if this confirmation is found to be incorrect, our application, Bid or Final bid will be rejected.

We hereby specify, that the following parts of the application are confidential10 :

1) [...] ;2)

(Duties of the Candidate or his authorized representative)

(Signature) (Name and surname)

10 Unless parts of the application containing confidential information are specified, the Commission shall have the right to disclose all the information contained in the application. Confidential information shall not include the name of the Candidate (or members of a group of economic operators) and any other information that is not considered confidential by law.




QUALIFICATION ASSESSMENT AND QUALIFICATION SELECTION PROCEDURE

After the Candidates will submit their application, their compliance with the qualification requirements and the qualification selection will be carried out by the Commission in accordance with the procedure set out in this Annex, without the participation of the Candidates.The Commission will check and evaluate:

1) If the Candidate's application complies with application submission requirements, set in Conditions Annex 1 Application submission;

2) whether the Candidate has submitted all documents and information supporting his qualification requirements;

3) whether the data and declarations submitted by the Candidate are correct;4) if the candidate complies with the qualification requirements, specified in Conditions

Annex Qualification requirements.

If the data or documents substantiating compliance with the qualification requirements will be inaccurate, incomplete, erroneous or these data or documents will be lacking, the Commission will request such a Candidate to revise, supplement or explain such data or documents. The Commission will provide the Candidate with a reasonable period of time to do this. In case the Candidate will require more time, due to justified reasons, it will be possible to prolong the provided term. However, if inaccurate, incomplete, erroneous or false data on compliance with the qualification requirements, provided in the given term, are not amended, supplemented or clarified, the application will be rejected by the Commission. In such a case, the Candidate will not be allowed to participate in further Announced negotiations Procedures.

Application of a Candidate, who did not meet the qualification requirements is rejected, except, if the economic operator, whose capacity the Candidate depended on, does not meet the qualification requirements, however the Candidate replaces him with an economic operator, who complies with such requirements and / or if the Candidate proves that he has restored his reputation, as it is specified in Conditions Annex Qualification requirements.

The public entity shall exclude Candidates / Participants from the tender procedure at any stage of the procurement procedure, if it turns out that their action or inaction prior the Announced negotiation procedure or during it does not meet at least one of the requirements for lack of removal basis, set out in Conditions Annex Qualification requirements.

During the qualification selection, the qualification of the Candidates who have met qualification requirements will be compared and at least 5 (five) most qualified Candidates will be chosen, who will be invited to provide Preliminary bids and participate in negotiations If 5 (five) or less Candidates meet the qualification requirements, specified in Conditions Annex Qualification requirements, the qualification selection will not take place and all Candidates who meet the qualification requirements will be invited by the Commission to submit their Preliminary bids



and to participate in the negotiations along with the report on the results of the qualification inspection. In the event that several Candidates score the same amount of points during the qualification selection, the Candidate who submitted the application earlier will be invited to submit the Preliminary bid.

The Commission will carry out a qualification selection among the Candidates who comply with qualification requirements, according to the criteria, specified in the table below:

No. Qualification selection criteria (K)Criteria importance coefficient or points (L)

K 1. The Candidate's average annual building (of which at least one building should have a general area of at least 3.500 m2) and engineering construction and installation service income for the last 5 (five) financial years prior to the application submission term deadline or for the time from the Candidate's registration day (if the activity was executed for less than 5 (five) financial years) to the application submission term deadline (P1).

Assessed Candidate's building and engineering constructions and installation works volumes in Euro excluding VAT

50

K 2. The Candidate's average annual building (of which at least one building should have a general area of at least 3.500 m2) and engineering construction management and maintenance service income for the last 3 (three) financial years prior to the application submission term deadline or for the time from the Candidate's registration day (if the activity was executed for less than 3 (three) financial years) to the application submission term deadline (P2).

The average Candidate's income from management and maintenance works with buildings with engineering structures is evaluated in Euro excluding VAT.

50

The sum of the total qualification assessment points (T) of each Candidate is obtained by summing the scores of the individual qualifying selection criteria (K i ) points:

T=∑i

K i



The points of each Candidate's separate qualification selection criteria (Ki) are calculated as a relative value of the criteria, assessed as a ratio between the corresponding qualification selection criteria value (Pi) and corresponding criteria value provided for the best applications (P imax), multiplied by the corresponding qualification selection criteria importance score (Li):

K i=Pi

Pi max∗Li

Whereas:i - index of the qualification selection criteria being evaluated;K i - points of the evaluated qualification selection criteria;P i - the value of the criteria of the Candidate, whose qualification selection criteria is assessed, assessed and calculated by the Commission;P i max - the maximum value of qualification criteria of all Candidates;L i - assessed qualification selection criteria importance score (relative weight).

Candidates will be notified of the results of the qualification inspection and the qualification selection immediately, but no later than within 3 (three) Business days from the end of each inspection procedure. The Commission will state the reasons for the rejection of the application to the Candidates, whose application will be rejected.




CANDIDATE DECLARATION FORM



CANDIDATE DECLARATION

(Date) (number)

(Location)

[ delete unnecessary "MILITARY UNIT DEVELOPMENT IN ŠILALĖ DISTRICT, PAJŪRIS TOWN"

or "MILITARY UNIT DEVELOPMENT IN ROKANTIŠKĖS VILLAGE


"MILITARY UNIT DEVELOPMENT IN ŠIAULIAI REGION ]

By submitting this declaration, the Candidate certifies that he:

1) has not entered into a settlement with creditors, has suspended or restricted his activities;2) does not seek compulsory liquidation proceedings or an arrangement with creditors;3) has not been guilty of grave professional misconduct where "serious professional misconduct"; is

understood as any of the following:a) violation of competition, labor, occupational safety and health and environmental legislation, information and / or intellectual property protection, for which either an administrative sanction or an economic sanction was imposed on the Candidate, provided for in the laws of the Republic of Lithuania or laws of other states, whenever less than 1 (one) year has elapsed as of the effective date of the decision on such a sanction. b) violation of a ban to conclude prohibited agreements, specified in the Law on competition or similar type of a state legal act, when less than 3 (three) years have passed since the entry in to legal force of a decision to appoint an economic sanction according to the Law on competition or a legal act of a foreign state.c) breach of professional ethics, whenever the Candidate was acknowledged as non-compliant with professional ethics norms has taken place less than 1 (one) year ago;d) failure to implement or improper implementation of a public procurement contract, whenever this was an essential violation of the public procurement contract, as it is set in the Civil Code of the Republic of Lithuania, whenever a public procurement contract has been terminated due to such actions during the last 3 (three) years or a court ruling has been issued and entered legal force in the last 3 (three) years, whenever the procuring organization's demand to compensate losses, incurred due to the Candidate executing his essential condition of the contract with large or constant deficiencies, has been granted. On

1


this basis, the Candidate is also excluded from the procurement procedure where, under the legislation of other States, it has been established during the last 3 (three) years that the Candidate, while executing a previous public procurement contract, has executed an essential requirement of said contract with large or constant deficiencies, and due to such action, that contract was terminated prior to its period, a damage compensation has been demanded or other similar sanctions have been applied to the Candidate. The Public entity also removes the Candidate from the procurement person in cases when he has reliable data, that the Candidate has been established in order to avoid his removal under this basis.

4) during procurement procedures, the candidate has not concealed the information or did not provide false information about compliance with the established requirements, which the Public entity can prove by any legal means. In previous procedures, he did not conceal information or provide false information referred to this paragraph and has therefore not been removed from the procurement procedures for the last year or a court decision has not been issued and enforced in the last one year. According to other State legal acts, during the previous procurement procedures he has not hidden information or provided false information and due to that, he was not removed from the procurement procedures during the last 1 (one) year, and did not have a court ruling issued and entering legal force during the last year.

5) is not related to the preparation of these Announced negotiations or the preparation or implementation of Projects and therefore could not violate the principle of equality.

When submitting an application, the Candidate knows and understands that if this submitted declaration is false (fraudulent), submitted Application, Preliminary or Final bid will be rejected in accordance with Article 28, part 5, point 1 or 2 of the Law.

The Candidate also confirms that he understands, that he is responsible for the correctness of the information, contained in the Application, in accordance with the laws.



2



CONFIDENTIALITY OBLIGATION FORM


CONFIDENTIALITY OBLIGATION

(Date) (number)

(Location)




"MILITARY UNIT DEVELOPMENT IN ŠIAULIAI REGION ]

In order to participate in the Announced negotiations, executed by the [Public entity name] (hereinafter - Public entity), regarding the [delete unnecessary "Military unit development in Šilalė district, Pajūris town" or "Military unit development in Vilnius district, Rokantiškės village" or "Military unit development in Šiauliai region" ] project (hereinafter - Project) implementation and receive confidential information, related to the Announced negotiation procedures, the _________________________ (hereinafter - Candidate) accepts the following confidentiality obligations:

1. The Candidate undertakes to keep any information received from the Public entity in the course of the Announced negotiations secretly, to store such information as his own commercial secrets, but in any event by applying no lesser degree of confidentiality than a averagely prudent entrepreneur, and not to disclose confidential information to third parties, unless such confidential information:

1.1. are generally known or publicly available;

1.2. is obtained from third parties without the obligation of confidentiality to the person who disclosed the information;



1.3. must be disclosed to third parties in order to participate in the Announced negotiations or the while executing the Project implementation Contract, if the third parties receiving the information assume confidentiality obligations that are at least as stringent as the confidentiality obligations contained in this Confidentiality obligation (if third parties disclose the Public entity’s confidential information, the Candidate bears responsibility for their actions as his own);

1.4. was independently created by the Candidate without the use of the Confidential Information of the Public entity or was previously known to the Candidate;

1.5. must be disclosed to the state authorities in accordance with effective legal acts, if the Candidate has disclosed the smallest possible amount of confidential information to the State institutions, has taken all the measures provided for in the legal acts in order to keep the received information confidential and has immediately informed the Public entity about such disclosure.

2. The confidentiality obligations contained in this obligation apply both during and after the completion of the Announced negotiated Procedures.

3. This commitment creates legally binding obligations for the Candidate. They are governed by the law of the Republic of Lithuania. Disputes related to the fulfillment of this obligation shall be settled in the courts of the Republic of Lithuania according to the location of the registered headquarters of the Public entity.






FORM FOR ASSET MANAGEMENT AND MAINTENANCE SERVICES LIST



ASSET MANAGEMENT AND MAINTENANCE SERVICES LIST

We provide income data from the asset administration and maintenance services in non-residential buildings to comply with the Conditions Annex Qualification requirements point 2.1 qualification requirement and to substantiate the qualification selection (P2) criteria value.

No. No.

Short description of provided services (Asset management and / or

maintenance)

Location of services provided

Service provision period ([ insert period ] years)

Value of services provided excluding

VATClient

1. Non-residential building - [Address]

2. Non-residential Building - [Address]

[...] Non-residential Building - [Address]

Total (average annual income): ≥ [ provide the required incomein digits ] Eur excl. VAT



In addition to the application, the list of asset management and maintenance services must be submitted in Microsoft Excel format according to the form attached to the Conditions.




2 Annex to Conditions

FORM FOR CONSTRUCTION AND INSTALLATION WORKS' LIST



CONSTRUCTION AND INSTALLATION WORKS LIST

We provide data regarding building with engineering constructions building and installation work volumes 11 to certify compliance with the qualification requirement, set out in Conditions Annex Qualification requirements point 3.1, as well as qualification selection (P1) criteria value substantiation.

No. No. Short description of works Works completion

term ( [date] )

Value of works performed excluding VAT

Client

1.2.3.[...]Total (average annual volume): ≥ [fill in required

volume in digits] Eur excluding VAT

11 The candidate can provide KS-01 (quarterly) statistic reports to comply with the qualification requirement and qualification selection (P1) criteria value substantiation, instead of this list.


In addition to the application, the list of construction and installation works must be submitted in Microsoft Excel format according to the form attached to the Conditions.

(Duties of the Candidate or his authorized

representative)




REQUIREMENTS FOR TECHNICAL-ENGINEERING INFORMATION

Below are the recommended requirements for technical-engineering information

1. The Candidate / Participant must submit the complete technical documentation as a digital version. Text (descriptive) documents must be compatible with Microsoft Word and Microsoft Excel (where required) software, technical drawings must be opened in Autocad program. Documents can also be submitted in .pdf format.2. The Candidate / Participant shall provide a description of the condition of the structure, external equipment and parts of the other elements in accordance with the Technical Specifications, when submitting a Technical Proposal (Preliminary / Final). Each part must contain text, presenting engineering solutions, qualitative and quantitative parameters.3. When presenting a technical solution, essential attention should be paid to the following information, presented together with the Technical proposal (Preliminary/Final) information:

3.1. Detailed description of Šilalė military unit / Vilnius military unit / Šiauliai military unit concept, taking into account the current situation of the land plot and needs. 3.2. Conceptual offers should convey:

3.2.1. Volume of Šilalė military unit / Vilnius military unit / Šiauliai military unit;3.2.2. Integration of Šilalė military unit / Vilnius military unit / Šiauliai military unit in the environment;3.2.3. Description of adjacent buildings;3.2.4. Šilalė military unit / Vilnius military unit / Šiauliai military in relation to the solar movement trajectory;3.2.5. Connection of volume solutions of Šilalė military unit / Vilnius military unit / Šiauliai military unit to surrounding structures;3.2.6. Preliminary connection points for engineering networks within and outside the land plot;3.2.7. An analysis of the surrounding parking spaces and a solution ensuring the needs in parking spaces.

3.3. The technical description of the conceptual proposals must include:3.3.1. Essential principles of Šilalė military unit / Vilnius military unit / Šiauliai military;3.3.2. Substantiated Candidate / Participant interpretations not according to the specifications;3.3.3. Interior design guidelines;3.3.4. The quality of equipment provided in the Specifications.

3.4. Land plot plan, conveying:3.4.1. The representativeness of Šilalė district, Pajūris town / Vilnius district, Rokantiškės village / Šiauliai city - Šilalė military unit / Vilnius military unit / Šiauliai military unit;3.4.2. Planned fundamental changes in the undeveloped territory and the novelty of the Šilalė military unit / Vilnius military unit / Šiauliai military unit;


3.4.3. Šilalė military unit / Vilnius military unit / Šiauliai military connection to the adjacent public spaces.

3.5. Floor plans:3.5.1. Principal main and auxiliary premises layouts in Šilalė military unit / Vilnius military unit / Šiauliai military unit;3.5.2. Principle administrative premises layout plan for Šilalė military unit / Vilnius military unit / Šiauliai military unit;3.5.3. Principal layout of public spaces.

3.6. A typology of sustainable design that should include:3.6.1. Candidates / Participants must provide solutions, which demonstrate contemporary design practice and the concept of sustainable development, including the selection of all materials, economic benefits and operational efficiency;3.6.2. Justification of sustainable design solutions that meet technical specifications.

3.7. Šilalė military unit / Vilnius military unit / Šiauliai military unit typology of major architectural and structural solutions, which must include:

3.7.1. Construction design / selection main principles:3.7.2. A list of essential and special requirements to be followed during design process;3.7.3. Šilalė military unit / Vilnius military unit / Šiauliai military unit surroundings pictures and conceptual solutions.

3.8. Šilalė military unit / Vilnius military unit / Šiauliai military unit functional-technological solution typology, which must include:

3.8.1. List of equipment and engineering networks to be put into operation;3.8.2. Security typology: The Candidate / Participant must provide information on how the proposed solutions relate to the safety and security requirements of the Šilalė military unit / Vilnius military unit / Šiauliai military unit This includes, but is not limited to:

1) Šilalė military unit / Vilnius military unit / Šiauliai military unit perimeter security;2) Protection of personnel;3) Anti-theft protection;4) Protection in the premises of Šilalė military unit / Vilnius military unit / Šiauliai military unit.

3.8.3. Typology of mechanical engineering system solutions: the Candidate / Participant must provide basic principles for the design and operation of heating, ventilation, refrigeration and air conditioning systems;3.8.4. Typology of acoustic requirements: the Candidate / Participant must provide basic methods of implementation of desired acoustic properties of the planned Šilalė military unit / Vilnius military unit / Šiauliai military unit;3.8.5. Typology of fire protection requirements: the Candidate / Participant must provide basic principles of fire safety system design for planned Šilalė military unit / Vilnius military unit / Šiauliai military unit;


3.8.6. Typology of electrotechnics design: the Candidate / Participant must provide basic principles of electrical systems design of the planned Šilalė military unit / Vilnius military unit / Šiauliai military unit;3.8.7. Description of other specific engineering systems: The Candidate / Participant must provide the basic design principles for the specific engineering systems of the planned Šilalė military unit / Vilnius military unit / Šiauliai military unit.

3.9. Šilalė military unit / Vilnius military unit / Šiauliai military unit design and project implementation guideline plan: the Candidate / Participant should provide the description of construction methods he plans to use and provide construction works duration guideline plan.3.10. Preliminary assessment of traffic flows.

4. When preparing and presenting the solutions of engineering infrastructure of Šilalė military unit / Vilnius military unit / Šiauliai military unit, the forms provided in Appendix 1 of this Annex to these Conditions shall be submitted together with the Preliminary / Final proposal.

During the preparation and presentation of engineering solutions of the Šilalė military unit / Vilnius military unit / Šiauliai military unit, energy consumption in Šilalė military unit / Vilnius military unit / Šiauliai military unit total and conditional indicators should be provided together with the Preliminary/ Final proposal according to Appendix 2 to this Annex to the Conditions.


Appendix 1 to Annex 12 of Conditions

Together with the Preliminary / Final bid, the Candidate / Participant should provide a filled in Conditions Annex Appendix 1 form, the requirements of which are provided in a separate Microsoft Excel format.



REQUIREMENTS FOR THE FINANCIAL ACTIVITY MODEL

1. The Candidate / Participant must provide a Financial activity model that meets the following requirements:

1.1. The financial activity model must be prepared in accordance with the provided form and with all the documents substantiating the financial activity model, specified in the form.

1.2. The Financial activity model should contain proposals from the Candidate / Participant and clear descriptions of all obligations of the Private entity, listed in the Conditions.

1.3. The descriptions in the financial activity model should be sufficiently detailed and comprehensive to enable any competent financial analyst to assess the logic and justification of the assumptions without any additional information.

1.4. Financial activity model should be prepared for the whole period of the Contract.

1.5. The calculations presented in the financial activity model must be substantiated, i.e. the assumptions used to make the financial model must be described in detail and based on good business practice, financial market data, commercial offers, market price analysis, and so on. The documents supporting the calculations of the financial activity model should be submitted together with the Financial activity model.

1.6. The Financial activity model should assess all costs and payable fees, related to the Private entity's obligations.

1.7. The Financial activity model should be prepared in accordance with the requirements set out in the Conditions and its interpretations by the Commission without adapting the modifications made by the Participant during the negotiations.

1.8. The financial activity model should be based on, but not limited to, the points presented below in this document.

1.9. The financial activity model must be open to adjustment, the formulas used cannot be hidden.

2. Financial activity model arrangement basis:

Financial activity model (hereinafter - FVM) arrangement basis

2.1. Financial activity model arrangement assumptions

The Candidate / Participant must submit a set of assumptions describing all the assumptions used in the Financial activity model (hereinafter - FVM) the level of detail of which should be sufficient for the preparation of an analogous FVM, when completing the FVM form.

FVM must be arranged in real values, i.e. Prices quoted at the time of



the preparation of the Preliminary/Final bid.

When describing assumptions, it must be clearly stated whether the amounts are included with or without value added tax.

The set of FVM assumptions must justify and explain the Candidate / Participant's stated planned costs (the establishment, installation, provision of services, performance, financing, etc. of Šilalė military unit / Vilnius military unit / Šiauliai military unit) and their calculation principles.

For the purpose of concluding the FVM, all the utility fees costs, incurred for the establishment of the Šilalė military unit / Vilnius military unit / Šiauliai military unit before (but not including) the date of commencement of the provision of the Services should be attributed to the self-cost of the creation of Šilalė military unit / Vilnius military unit / Šiauliai military unit.

The FVM must be accompanied by the relevant expenses supporting documents (i.e. estimates, commercial offers) or the basis and components of the expenses must be explained.

2.2. Main dates

Base date is [ insert base date ] (hereinafter - Base date)

Assume the date of the Contract entering legal force is [ insert predicted date when the Contract enters legal force ] (hereinafter - Predicted date of Contract entering force)

2.3. Currency

Submit prices (Annual remuneration) in Euro according to Base date.

2.4. Indexing The parts of the annual remuneration will be indexed in accordance with Annex 3 to the Contract "Settlement and payment procedure".

For the purposes of calculating and submitting the Preliminary / Final bid, one should assume that indexing is performed annually and the first correction is executed starting with the Base date.

The Public entity will only apply indexing to the costs listed below:

(a) Provision of services;

(b) Administration and management.

Indexing is not applied to credit and own capital flows, as well as to financial and investment activity costs.

2.5. Internal Rate of Return

Internal Rate of Return Internal Rate of Return (IRR) is the rate of return at which the current value of the income flows received by the Investor from the Private entity is equal to zero and which is calculated according to the following formula:



0=∑n=1

n IPSn

(1+ IGN )nwhereas:

IPS n - Investors equity flows. These are the equity flows for Project funding (i.e. Private entity share payment and shareholder subordinate loan provision sizes for the year of n ) and Equity return flows (i.e. paid distributed profits and subordinated loan payments). The equity flows shown in the formula include both negative (equity flow for Project financing, to the Project) and positive (cash flow from the Project) cash flows.

N - Period of validity of the Contract.

n - n'th year of the contract.

IGN - Return on investment rate.

The rate of return on investment is used as the discount rate in the calculation of compensation in the event of termination of the Contract.

2.6. Weighted average cost of capital

The weighted average cost of capital (WACC) reflects the cost of the capital required for the Project after the estimation of funding structure (borrowed and equity capital) and is calculated using the formula:

WACC= EV

× RE+DV

× RD×(1−tax)+ HV

× RH × (1−tax )

whereas:

E is the amount of equity capital

D - The size of the Financer's credit

H - Amount of mixed capital (including subordinated loans, convertible bonds, mezzanine loans, etc.)

V - Amount invested in Šilalė military unit / Vilnius military unit / Šiauliai military unit in the period prior to the date of Service provision start, V = E+D+H

R E - return on equity capital

R D - Financier's credit interest

R H - Return on mixed capital (costs)

Tax - Income tax rate

The weighted average cost of capital is used in the calculation of compensation in case of a Compensated event.

2.7. Annual remuneration guarantee

The Preliminary / Final bid specified Annual remuneration should be valid at least for the period, specified in the Conditions. The Annual remuneration stated in the Preliminary / Final bid may differ only due to objective circumstances beyond the control of the Private entity in the event of a change in the terms of the financing (i.e. change in the



base rate, restrictions on financing in the market, etc.).

During the performance of the Contract, the Annual remuneration guarantee is implemented by applying the procedures for optimization and re-optimization of FVM and indexing under the conditions set out in Annex 3 “Settlement and Payment Procedure” of the Agreement.

2.8. Annual remuneration calculation

The Annual remuneration offered by the Candidate / Participant should be calculated without the application of any additional modifications, i.e. when calculating, the Candidate / Participant should assume that hte Private entity will provide the services in full volume, i.e. the Annual remuneration reduction mechanism will not be applied.

3. Funding plan and financial capacity requirements:

Funding plan and justification of financial capacity

3.1. Assessment of funding needs and expected capital structure

The Candidate / Participant must provide a description of the Project funding structure and supporting documents when filling in the FVM form, to prove that the Candidate / Participant has attracted sufficient funds to finance the Project and that the planned Project funding plan complies with the following points:

(a) Includes the entire funding structure and proposed instruments;

(b) A detailed description of all funding sources is provided;

(c) Conditions of all surety warranties and details of how the Private entity will comply with these conditions are provided;

(d) A description is provided of the Candidate's / Participant's / Private entities' intended insurance strategy and requirements.

3.2. Funding conditions (borrowed capital)

Project funding sources, including a loan or other loaned funds financing source (including subordinated loans and leasing), the information below should be provided about each Financier as financing conditions or a letter of funding obligation:

(a)Loan provider's legal information and credit rating (if rated);

(b)Amount provided or committed;

(c)Funds payout schedule;



(d)Detailed information on the postponement period, including its duration and contingencies;

(e)Repayment or buy-out schedule, with buy-out dates, early return conditions (including conditions for repayment of outstanding loan);

(f) Requirements for sureties, guarantees or other collateral (from parent company or third party);

(g)Contract preparation, commitment, intermediary and other similar charges/fees;

(h)Interest rates and margins, including increase / decrease mechanisms;

(i) Essential restrictions, obligations and other requirements;

(j) Requirements for reserve accounts;

(k) Insolvency or other similar arrangements;

(l) Rights and obligations transfer agreements;

(m) Prerequisites;

(n) Due Diligence requirements;

(o)Other restrictions, requirements or conditions that would have a financial impact on the ability of the Candidate / Participant to attract funding;

(p)Detailed information on the availability of funding (intended for Project funding) and the financial condition of the funding provider (if the financier is not a credit institution).

The Candidate / Participant must submit a summary of the above-mentioned funding conditions when completing the FVM form and attach substantiating documents.

3.3. Funding conditions (own capital)

The Candidate / Participant must specify the following when completing the FVM Form:

(a) Equity capital providers, shareholders and guarantors;

(b) Legal data and credit rating (if rated) of equity capital providers;

(c) The amount of capital to be provided by each equity provider (s);

(d) Detailed terms and conditions for the provision of 5



equity capital, including applicable interest rates, margins, expected return on equity, other essential restrictions and requirements;

(e) Detailed information on the availability of equity capital financing and the financial condition of the equity provider (s) (a description of sources of funding, cash or other liquid assets that will be available to ensure the expected level of equity);

(f) Information on all material (essential) financial events that may affect the current financial position of the economic operator from the last annual financial statements presented.

The Candidate / Participant must submit a summary of the above-mentioned funding conditions when completing the FVM form and attach documents, substantiating the provision of equity capital (own capital).

3.4. Refinancing If the Candidate / Participant is planning to use refinancing instruments, he must describe the refinancing plan and provide the refinancing assumptions for the refinancing structure and period, interest rate, margin, refinancing repayment period, payment schedule, reserve accounts, refinancing coverage and other required indicators.

3.5. Specification of funding capacity

The public entity may, at its discretion, require additional evidence of funding capacity.

4. Requirements for investment and costs justification:

Justification of investments and costs

4.1. Expenses for the (construction of) Šilalė military unit / Vilnius military unit / Šiauliai military unit

The Candidate / Participant, must provide detailed information on the investments for the Šilalė military unit / Vilnius military unit / Šiauliai military unit design and construction, when filling out the FVM form, as well as investments for recognition of Šilalė military unit / Vilnius military unit / Šiauliai military as eligible for use, calculated while taking the requirements of technical specification in mind.

Construction estimate should be detailed according to investment groups, while specifying the units of measure (i.e. square meters), quantity and price per unit, as well as general sums.

The estimate should be additionally expressed as a price per



square meter.

Together with the FVM, the Candidate / Participant should provide the data and documents, substantiating the calculations of expenses (estimates, commercial offers, links to market prices, etc.)

4.2. Expenses for the (installation of) Šilalė military unit / Vilnius military unit / Šiauliai military unit

The Candidate / Participant, must provide detailed information on the costs of the installation of the Šilalė military unit / Vilnius military unit / Šiauliai military unit when filling in the FVM form,

Installation estimate should be detailed according to investment/expenses (costs) groups, while specifying the units of measure (i.e. square meters), quantity and price per unit, as well as general sums.

The estimate should be additionally expressed as a price per square meter.


4.3. Service provision costs

The Candidate / Participant, must provide detailed information on the costs of transferring the permanent services to the Private entity according to the Contract, calculated in accordance with the requirements of the Service Specifications.

If the Candidate / Participant plans to receive revenue other than the Annual remuneration from the Services, the data on the cost of these Services should be reported after estimating all expected revenue.

The cost of providing the services must be detailed by cost groups, with their components, expressed as a product by a multiplication of a unit and its price, by providing monthly and annual amounts.

Annual costs should be additionally expressed as a price per square meter.


4.4. Administratio The Candidate / Participant must provide detailed information



n and management costs

on costs related to the activities, management and administration of the Private entity (for example, salaries of the Private entity administration employees, accounting, auditing services, rental of premises, etc.) when completing the FVM.

Administration and management costs must be detailed by cost groups, with their components, expressed as a product by a multiplication of a unit and its price, by providing monthly and annual amounts.

The annual costs must additionally be expressed as a price per square meter (i.e. the total annual cost of administration and management must be divided by the Šilalė military unit / Vilnius military unit / Šiauliai military unit area in square meters).


4.5. Financial and investment activity costs

The Candidate / Participant must provide detailed information on all Project financing costs, including base interest rates, margins, financing fees, conditions for the provision of equity, etc., when filling in the FVM form.

Together with the FVM, the Candidate / Participant must provide documents justifying the funding conditions.

4.6. Risk elimination costs

The Candidate / Participant must provide detailed information on the elimination costs of the risks transferred to the Private entity or explain how they will be reduced / eliminated without additional costs when completing the FVM Form.

4.7. Other costs The Candidate / Participant must provide detailed information on all other costs related to the fulfillment of obligations under the Contract when filling in the FVM Form.

5. Requirements for income substantiation (except Annual remuneration):

Income (except Annual remuneration) substantiation

5.1. Interest income

The Candidate / Participant must provide detailed information about the Private entity's planned receivable interest (interest income) from its reserve accounts or other credit accounts, or indicate that they are not expected to be received.

The planned interest income must be based on a detailed


Income (except Annual remuneration) substantiation

description of the interest rates used in the calculation or assumptions about interest rates.

5.2. Other income The Candidate / Participant must provide detailed information on the other income planned to be received by the Private entity (excluding Annual remuneration), describing the assumptions used for the calculation in detail.



REQUIREMENTS FOR LEGAL INFORMATION

1. Information about Subcontractors

1.1. Completed table below:

Subcontractor name, code, contact details

Which part of the Contract the Subcontractor is welcomed to execute (Works or Services entrusted to the Subcontractor, their percentage of the Annual remuneration)

1.2. Scheme of contractual relations with explanation (attached as a separate document).

2. Confirmation regarding the unchanged compliance with the qualification requirements, i.e. a confirmation, that the data, provided in the Candidate's application regarding the compliance with the qualification requirements, specified in Conditions Annex Qualification requirements, according to which the Commission has executed the qualification selection according to the criteria, set out in Conditions Annex Qualification assessment and qualification selection procedure has not changed. In case this data changed, the Candidate / Participant should provide the Public entity with updated data.

3. Proposals for the Contract project, including a matrix of risk distribution between parties provided according to Conditions Annex Contract project Offers for the contract should be provided in the changes table, where each offered change should have the following information provided for it:

3.1. Point of the Contract, which is proposed to be changed;3.2. Contract project point with marked offered changes and a commentary explaining the

offered change, specifying the following:3.2.1. Critical changes, which are needed by the Candidate in making a decision

regarding the provision of the Final bid (i.e. such changes, the absence of which will prevent the Candidate from providing a Final bid according to his internal policies / requirements);

3.2.2. Changes, which can affect the Annual remuneration;3.2.3. Changes that may affect the Project funding structure;3.2.4. Changes that may affect Candidate's agreements with Subcontractors;3.2.5. Changes that are necessary to adapt them to the Project implementing measures /

solutions, proposed by the Candidate;3.2.6. Changes that change the matrix of Risk sharing between the parties, proposed by

the Public entity (independently or in favor of the Public entity or the Candidate); and

3.2.7. other changes.1


Candidates must submit a table of proposed changes in an electronic editable format and a draft Contract updated according to all proposed changes (changes must be marked using the "Track Changes "; feature of the text editor or a similar feature). The Public entity is not obliged to agree with them, however, the Public entity can take these changes into account while preparing the final negotiation object list.



REQUIREMENTS FOR INFRASTRUCTURE CREATION, SERVICE PROVISION AND CONTRACT MANAGEMENT PLAN

The Infrastructure creation, service provision and contract management plan (hereinafter - Plan) is provided by the Candidate / Participant as the description of order of creation and operation of the Šilalė military unit / Vilnius military unit / Šiauliai military unit, as well as Šilalė military unit / Vilnius military unit / Šiauliai military unit Service provision and Contract administration and management, which provided together with the Preliminary bid / Final bid. Candidate's ability and capacity to implement the Project will be decided upon according to the submitted Plan. In this Plan, the Candidate must indicate how he will implement the Project by presenting the construction, design and operation works, the operation of the Šilalė military unit / Vilnius military unit / Šiauliai military unit partial management and the provision of Services described in the Specification, as well as administration and management of the Contract, including an in-detail description of risk management, which should specify how the Candidate / Participant will be able to implement the Project in accordance with the requirements of the Specifications.

The plan should indicate the execution of the Project in the context of implementing environmental protection standards and should be prepared in accordance with the applicable legislation of the Republic of Lithuania and the European Union in the field of construction and environmental protection (i.e. how compliance with the environmental requirements will be ensured; how compliance of the Works and the Services with the standards, provided in the Specifications, will be ensured).

No. Plan part Description

I. Performance efficiency

The description must include a detailed Service provision strategy:

Procedures and terms for the organization of works and repairs; Energy resource consumption recording, maintenance and management description; Distribution of responsibilities between entities implementing the Contract; Description of services and their provision, essential conditions and processes for provision of Services, including strategy and means of organizing the protection and safety of Šilalė military unit / Vilnius military unit / Šiauliai military unit, as well as Šilalė military unit / Vilnius military unit / Šiauliai military unit maintenance means, procedures and maintenance management plan, assessing the Service provision flexibility, environment protection, etc.; Šilalė military unit / Vilnius military unit / Šiauliai military unit functionality - Šilalė military unit / Vilnius military unit / Šiauliai military


unit adaptation to changing Public entity needs; Service provision flexibility, environmental protection, etc. Contract management plan - management principles; management structure and management of communications between the persons, implementing the Project (conflict prevention and management), as well as management of communications with third parties, who are not implementing the Project (conflict prevention and management); human resources and their management (team building, selection principles, principles of ensuring the presence of competences, needed for the implementation of the Contract, their management, conflict prevention and management); management of documents and essential Contract information (preparing information and documents, their provision to Project participants, documenting and tracing information about activities, drawing reports and their submission to the Public entity); risk management (main principles of management of risks, specified in the Contract, risk probability and assessing their financial effect, assessing the impact of possible risks on the Project implementation, risk management measure plan, and others);

II. Other questions

The following essential points, which will have to be ensured throughout the contract period, are to be described in detail:

Schedule for Contract implementation activities; Contract implementation quality; Warranty issues; Possession of valid licenses and permits; Compliance with certified requirements; Eligibility standards; Others.

It should be noted that the Candidate / Participant who is submitting the Plan, may indicate other aspects, which are important for the Project, without being limited to provided requirements, which could be used by the Commission to assess the Preliminary bid / Final bid compliance with the Conditions in a more comprehensive way and evaluate it. Maximum Plan volume - 30 pages.



BID EVALUATION PROCEDURE AND CRITERIA

I. BID EVALUATION

After the Participant submits a Preliminary bid / Final bid, it will be evaluated by the Commission in accordance with the procedure and criteria set out in this Annex. Evaluation procedures are conducted in the absence of the Participants.

II. BID INSPECTION AND EVALUATION

During the evaluation of the Preliminary bids the Commission will check, if:

(i) The Preliminary bid has been submitted for the full required scope of implementation of the Šilalė military unit and / or Vilnius military unit and / or Šiauliai military unit;(ii) No more than one Preliminary bid is provided and no alternative Preliminary bid is provided;(iii) Preliminary bid validity term is not shorter than requested;(iv) Preliminary bid complies with the submission requirements, set out in the Conditions Annex Submission of bids, point 53 and other Preliminary bid provision requirements; (v) Preliminary bid has no technical errors and arithmetic Annual remuneration calculation errors - in case they are present, the Participant will have to correct them during a specified period of time;(vi) Preliminary bid is substantiated and realizable.

During the evaluation of the Final bids the Commission will check, if:

(i) The Final bid has been submitted for the full required scope of implementation of the Šilalė military unit and / or Vilnius military unit and / or Šiauliai military unit;(ii) The Annual remuneration proposed by all Participants whose Final bids have not been rejected for other reasons is not excessive and unacceptable to the Public entity. It is considered that the proposed Annual remuneration is too high and unacceptable if it exceeds the 2018-__-__ Decree of the Government of the Republic of Lithuania No. ___. "On the implementation of Ministry of National Defense public and private sector partnership projects", specifying the maximum asset liabilities in the Šilalė military unit project and / or Vilnius military unit project and / or Šiauliai military unit project minus the value of risks that the Public entity has left for itself;(iii) no unusually low Annual remuneration is provided in the Final bid. A Participant, who will offer an unusually small Annual remuneration will have to substantiate it during a specified period of time; (iv) No more than one Final bid is provided and no alternative Final bid is provided;(v) Final bid complies with the submission requirements, set out in the Conditions Annex Submission of bids, point 84 and other Final bid provision requirements; (vi) Final bid validity term is not shorter than requested;(vii) Final bid complies with the conditions, is substantiated and realizable;


(viii) a proper Final bid validity assurance is provided;(ix) Final bid has no arithmetic Annual remuneration calculation errors - in case they are present, the Participant will have to correct them during a specified period of time;

If it is determined that Participant's Preliminary bid / Final bid does not comply with at least one of the above-mentioned corresponding criteria, and in cases specified earlier, when the Participant will not correct the shortcomings of the Preliminary bid / Final bid during a period, specified by the Public entity, such a Preliminary / Final bid of the Participant will be rejected by the Public entity. The Preliminary bid / Final bid of the Participant is also rejected in case the Participant will fail to come to the negotiations without a justifiable reason, fails to provide a Final bid, fails to provide a password (due to his own fault) or provides an incorrect password, using which, the Public entity cannot decode the Final bid (in case the Participant chooses to code his Final bid), before the start of the procedure (meeting) of inspecting the Final bids.

At the request of the Participant, the Public entity will provide him the reasons for the rejection of the Final bid.

III. EVALUATION CRITERIA

Having determined that the Final bids of the Participants comply with the above-mentioned requirements, the Public entity will evaluate them according to the most economically advantageous bid criteria :

Evaluation criterion

Comparative weight of the criteria parameter

Comparative weight in the economic benefit evaluation

1. Annual remuneration (during the whole Contract period) (C)

A = 60

2. Quality and effectiveness of the Final bid (T)

B = 40

2.1. Technical efficiency of the Šilalė MU / Vilnius MU / Šiauliai MU (P1)

Max. R - 100 points L 1 = 0.4

2.2. Energy efficiency (P 2 ) L 2 = 0.42.3. Activity implementation

efficiency(P 3 ) Max. R - 100 points L 3 = 0.1

2.4. Validity, clarity and effectiveness of the Contract management plan (P 4 )

Max. R - 100 points L 4 = 0.1

2.2. FORMULA FOR CALCULATING THE ECONOMIC BENEFIT SCORE (S)


Economic benefit score (S) calculated by adding the Participant's Final bid criteria (C) and points (T):

S=C+T

2.3. CALCULATING THE VALUE OF THE CRITERIA (C)Criteria (C) points are calculated according to the ratio between the smallest offered Annual remuneration (incl. VAT) (Cmin) and assessed Final bid offered Annual remuneration (C i) being multiplied by the criteria comparative weight (A):

C=Cmin

C i× A

2.4. CRITERIA (T) CALCULATION

Criteria (T) points are calculated by assessing its parameters (Ps) sum and multiplying it by the evaluated criteria comparative weight (B):

T=(∑sP s)⋅B

2.5. CALCULATION AND EVALUATION OF CRITERIA (T) PARAMETERS (P1), (P2), (P3), AND (P4)Criteria (T) parameter (P 1 ) (P 3 ), and (P 4 ) evaluation (P s ) is calculated by comparing the parameter value (R p ) in comparison with the best value of the same parameter (R max ) and multiplying by criteria parameter comparative weight ( L s ):

Ps=Rp

Rmax⋅Ls

Criteria (T) parameters (P 1 ), (P 3 ) and (P 4) are evaluated by experts and the specific Final bid parameter value (R p) is determined by calculating the average (R px ) score, assigned by each of the experts employed by the Commission. Each expert must award from 0 to 100 (R px ) points for the evaluated Final bid. Criteria (T) parameter (P2) evaluation is calculated by multiplying the Final bid parameter value (Rs) by the criteria parameter comparative weight (L2):

P 2=R s⋅L 2

TECHNICAL ŠILALĖ MILITARY UNIT / VILNIUS MILITARY UNIT / ŠIAULIAI MILITARY UNITEFFICIENCY (P1)

Evaluation criteria 2.1The experts will evaluate the Technical Šilalė MU / Vilnius MU / Šiauliai MU efficiency (criteria (T) parameter (P1)), apart from other things, by taking into account the efficiency of technical Project implementation solutions, presented in the Final bid:- functionality (layout of spaces; interconnection of spaces; adaptation to the needs of the

Public entity; adaptation to changing needs of the Public entity; convenience of use);- appropriateness of Šilalė MU / Vilnius MU / Šiauliai MU interior solutions; Exterior


solutions of Šilalė MU / Vilnius MU / Šiauliai MU; their consistency with the environment);

- quality (construction structure of Šilalė MU / Vilnius MU / Šiauliai MU; architectural elements of Šilalė MU / Vilnius MU / Šiauliai MU; engineering systems; information and communication systems; materials and decoration).

The higher the score, the better the value of criteria (T) parameter (P 1 ). Only the arithmetic average of expert assessments is used in subsequent calculations. The table below provides a description of each of the possible number of points:

Numberof points

Evaluation description

80–100 The proposed functionality of Šilalė MU / Vilnius MU / Šiauliai MU - layout of spaces, their interconnections are fully adapted to the existing needs of the Public entity and possible changes in such needs. The proposed technical solution is a unified, complete and is additionally including important aspects, which were not listed in the requirements, this solution fully meets the objectives of the Project. Convincing arguments, solutions and descriptions are provided. Optimal building solutions are chosen, buildings are properly integrated into the environment. The proposed solutions ensure convenient use of Šilalė MU / Vilnius MU / Šiauliai MU.External and internal spaces are designed to be accessible, the entire infrastructure is safe to operate. All of the Šilalė MU / Vilnius MU / Šiauliai MU premises and spaces are easily located and conveniently accessible for different users. Substantiated technical decisions were provided regarding the possibilities for Šilalė MU / Vilnius MU / Šiauliai MU to perform the functions assigned to the Public entity by legal acts. Offered Šilalė MU / Vilnius MU / Šiauliai MU exterior and interior solutions are fully compatible with the environment and corresponding parts of [enter city name]. Šilalė MU / Vilnius MU / Šiauliai MU infrastructure, including its construction structure, architectural and engineering infrastructure, information and communication systems, materials, finishing works and installations, as well as interoperability is created in high quality, taking the sustainability and easy operation requirements into account. Proposed technological, engineering and structural solutions meet the requirements.

50-79 The proposed functionality of Šilalė MU / Vilnius MU / Šiauliai MU - layout of spaces, their interconnections are adapted to the existing needs of the Public entity, however possible changes in such needs are not evaluated. Proposed technical solution is not unified and fully substantiated. The Final bid specifies Šilalė MU / Vilnius MU / Šiauliai MU infrastructure, including its structure, architectural and engineering infrastructure, information and communication systems, materials, finishing works and installation, however, their interoperability is not presented, there is no possibility to properly assess if Šilalė MU / Vilnius MU / Šiauliai MU infrastructure is created in high quality, taking the requirements of sustainability and convenient use into account. Proposed technological, engineering and structural solutions meet the requirements. Šilalė


MU / Vilnius MU / Šiauliai MU external and internal space concept is provided, however there is no possibility to assess in more detail, of all of the spaces would be accessible, and all of the Šilalė MU / Vilnius MU / Šiauliai MU infrastructure would be safe to operate. Technical solutions regarding the possibility of Šilalė MU / Vilnius MU / Šiauliai MU to execute the functions appointed to the Public entity by legal acts are provided, however, their substantiation is questionable, and unchecked assumptions are present.

30-49 The Final bid provides the solutions that meet the minimum of the Public entity's needs, the concept is not complete, there are non-essential uncertainties or discrepancies from the specification provisions. Insufficiently detailed solutions are provided. The compliance of the solutions to the Public entity needs, according to corresponding evaluation criteria is described inadequately.

0-29 Information in the Final bid is incomplete, provided in a fragmented way and in an inconsistent manner. There is doubt if the technical solution complies with the requirements of the Conditions and if it ensures the needs of the Public entity. There is a reasonable suspicion that the Final bid's compliance with the evaluation criteria is purely formal, not sufficiently substantiated by presented solutions. Information, provided in the Final bid, regarding how will the Specification requirements be executed according to corresponding evaluation criteria, is not convincing or poorly prepared, important functional and/or architectural, engineering, technological solutions are either not provided or not described, the ways to achieve them are not provided. There is a risk found, that expected results will not be achieved according to the corresponding evaluation criteria.

ENERGY EFFICIENCY (P2) Evaluation criteria 2.2

The annual amount of consumed water and electricity, specified in the Šilalė MU / Vilnius MU / Šiauliai MU, Participant's Final bid, is evaluated: Rs = R1 + R2 + R3.The higher the score, the better the value of criteria (T) parameter (P2).

Number of points


R1

Consumption of heat

energy for hot water

production

Comparison of the least offered consumption of heat energy for hot water production (m3) (R1min) and the amount of heat energy, specified in the Final bid (m3) (R1p):

R 1= R1 minR 1 p

R2

Consumption of heat

energy for heating of

Comparison of the least offered consumption of heat energy for premises heating (m3) (R2min) and the amount of heat energy, specified in the Final bid (m3) (R2p):

R 2= R 2minR 2 p


premises

R3

Electricity consumption

Comparison of the least offered consumption of electricity (kWh) (R3min) and the amount of electricity, specified in the Final bid (kWh) (R3p):

R 3= R 3 minR 3 p

ACTIVITY IMPLEMENTATION EFFICIENCY (P3)Evaluation criteria 2.3

The Experts will evaluate the Activity implementation efficiency (criteria (T) parameter (P3)), inter alia, by taking in account the Final bid's Šilalė MU / Vilnius MU / Šiauliai MU creation, Service provision and Contract management plan's offered Service quality assurance strategy throughout the whole period of service provision and the efficiency of offered measures:- functionality (flexibility of Service provision; environmental protection; maintenance of Šilalė

MU / Vilnius MU / Šiauliai MU);- management (human resources management; personnel selection; activity implementation

planning).The higher the score, the better the value of criteria (T) (P 3 ). Only the arithmetic average of expert assessments is used in subsequent calculations. The table below provides a description of each of the possible number of points:

Numberof points


80–100 The Final bid provides a clear and comprehensive analysis of the Service provision strategy, demonstrates an understanding of Service provision needs and their connections with interconnecting areas above the Specification requirements and identifies specific measures to achieve goals. A complete and clear Service provision strategy is provided, including the flexibility of Service provision, while taking in account the execution of functions, appointed to the Public entity by legal acts, during unforeseen circumstances, which may affect the Service provision schedules / stages / time. Service provision strategy includes innovative solutions and other important aspects, which were not named in the requirements, the strategy is fully in line with the Service provision needs and Project implementation strategy, all Service provision parts interconnections are demonstrated and their assurance measures are substantiated. The Final bid is based on a Service needs oriented methodology. A substantiated and clear activity implementation plan and sequence of actions have been presented. It is clear that the Participant seeks to optimize the use of human and other resources, during the preparation of the activity plan. Alternatives are planned for in the solution of problems due to delays or overlapping actions, the plan’s connection with other Final bid parts, as well as the general Service provision methodology is shown. A clear, detailed and effective action schedule is provided. The time and terms appointed for actions are substantiated and extensively explained, while connecting them with the functions of existing personnel. IT has been shown, that during the creation of the plan, there was an objective to optimize the use of


human and other resources, possible alternatives are also planned for.50-79 Analyzed Final bid Service provision strategy complies with the provisions of the

Specifications. Specific measures to achieve goals are presented, however, interconnections are not specified, and there is no explanation how measures will ensure the general objective of the Project in a complex way. Presented Service provision strategy complies with the current Public entity needs, however, the reaction to the changing Public entity's needs and changes in functions, appointed to it by legal acts, is not explained. Presented action plan complies with requirements, however, it is not consistent and detailed enough to verify its justification. The use of human and other resources is planned, alternatives in solving resource problem due to delays or other problems are planned. However, the information provided is more formal and is not substantiated. An action schedule is provided, there is time and terms provided for actions, however, they are not explained and substantiated, while taking the current personnel functions into account.

30-49 The Final bid provides the solutions that meet the minimum of the Public entity's needs, the Service provision strategy is not complete, there are non-essential uncertainties or discrepancies from the Specification provisions. Insufficiently detailed solutions are provided. The compliance of the solutions to the Public entity needs, according to corresponding evaluation criteria is described inadequately.

0-29 The Final bid contains incomplete information, it is presented in a fragmented, inconsistent manner. The compliance of the Final bid to the Specifications is only formal. The evaluation close to zero would mean that the descriptions, of how the quality of provided Services will be ensured, Service flexibility, are provided declaratively, the Services are not described, or are described inaccurately, the requirements of the Specifications are declared instead of a description of ways to achieve them. There is a risk that a high-quality result or the objective indicators will not be achieved and that Project goals will not be implemented.

VALIDITY, CLARITY AND EFFECTIVENESS OF THE CONTRACT MANAGEMENT PLAN (P 4 )

Evaluation criteria 2.4The experts will evaluate the substantiation, clarity and efficiency of Šilalė MU / Vilnius MU / Šiauliai MU creation, Service provision and the Contract management plan (contained in the Contract management plan) (Criteria (T) parameter (P4)), they will be evaluated, inter alia, according to the following criteria:- The substantiation and clarity of the plan to ensure the responsibility of the Project

participating economic operators (including subcontractors and other economic operators) for the creation of Šilalė MU / Vilnius MU / Šiauliai MU and Service provision efficiency.

- The substantiation, detail and efficiency of the Cooperation and communication plan for Project participating economic operators (including subcontractors and other economic operators) and Public entity K.

- Compliance of the Contract risk management plan with the Conditions, its substantiation and efficiency.


The Contract management plan must be related to the implementation of the Contract and issues relevant to the Project, avoiding excessive and general information. The higher the score, the better the value of criteria (T) parameter (P4). Only the arithmetic average of expert assessments is used in subsequent calculations. The table below provides a description of each of the possible number of points:

Number of points


80–100 The Final bid includes a comprehensive, logically based Contract management plan, that covers issues related to ensuring the effectiveness of the activities of persons involved in the project, communication, stakeholder, document and risk management. There is a detailed description of the ways in which the contractor and subcontractor's responsibility for the creation of Šilalė MU / Vilnius MU / Šiauliai MU and activity implementation, of means of communications and cooperation between all of the suppliers and sub-suppliers participating in the Project. Issues of report provision, periodicity of discussion between the Public entity or its authorized persons and the Participant, communication with interested parties (third parties) during the implementation of the Project, which means will be used to provide communication, which means will be used to provide information about the Project, how will conflicts between the Participant and interested parties will be settled, how will issues regarding the provision of information be harmonized, how will communication timeliness and efficiency be insured. There is a detailed description of the ways and means of presenting information regarding executed Works and the Services provided. There is a detailed description of risk management ways and means, which can assure the Commission, that the Contract will be managed efficiently and ensuring its objectives.

50-79 The Final bid provides a Contract management plan, which includes the responsibility for suppliers and sub-suppliers for the creation of Šilalė MU / Vilnius MU / Šiauliai MU and ensuring activity execution, communications, interested parties, documents and risk management issues, however it is not consistent and comprehensive enough, the plan lacks details and this forbids the evaluation of its efficiency and implementation feasibility, or there are doubts regarding its implementation feasibility. There is a description of the ways in which the contractor and subcontractor's responsibility will be distributed for the creation of Šilalė MU / Vilnius MU / Šiauliai MU and provision of Services, in which ways the communications and cooperation between all of the suppliers and sub-suppliers participating in the Project will be realized. Issues of report provision, periodicity of discussion between the Public entity or its authorized persons and the Participant, communication with interested parties (third parties) during the implementation of the Project, which means will be used to provide communication, which means will be used to provide information about the Project, how will conflicts between the Participant and interested parties will be settled, how will issues regarding the provision of information be harmonized with the Project executor, how will communication timeliness and efficiency be insured.


However, specified means and ways of communication do not ensure efficiency, are not detailed, there is no possibility to assess if they comply with the objectives of the activity and if they can help to achieve project objectives. A description of the means of provision of information regarding executed Works and provided Services is provided, however, the document provision plan does not ensure efficiency, measures and ways are not detailed, and are not adapted to a complex project, there is no possibility to assess if they comply with the activity objectives and can help to achieve the goals of the Project. The distribution of responsibilities between suppliers and sub-suppliers and their assurance during the creation of Šilalė military unit / Vilnius military unit / Šiauliai military unit are not explained or detailed. A risk management plan is provided, however, means and types of risk management are not provided, or they do not ensure efficiency and are not adapted to a complex project, there is no possibility to evaluate if they comply with the activity objectives and if they can help to achieve Project goals.

0-49 The information in the Final bid is fragmented, scattered, incomplete. There is reasonable suspicion that plans for ensuring the responsibility of suppliers and sub-suppliers during the creation of Šilalė MU / Vilnius MU / Šiauliai MU as well as during the provision of Services, communications, interested parties, documents and risk management plans only formally comply with the requirements; plans are not fully adapted to the complex project implementation. A description of how the plans will be implemented is poorly convincing or poorly prepared, failing to describe important means and measures or describing them in a declarative manner.

IV. FINAL BID EVALUATION AND QUEUING

The Commission will evaluate the Final bids according to the above-mentioned economic benefit criteria and would select the most economically advantageous Bid. A list of Participants will be drawn up in order of decreasing of economic benefits of the final Bids. If the economic benefits of several Final bids will be the same, the Participant whose Final bid was submitted earlier will be ranked higher in the Participant's list. Interested Participants will be informed no later than in 5 (five) Business days from the execution of the Final bid evaluation, regarding the evaluation results, concluded Participant queue, decisions to conclude a Contract regarding the implementation of the Project and an exact Contract conclusion postponement term.A Participant, who will submit the most economically beneficial Final bid, will be invited to conclude the Contract with the Public entity.In case only one Participant will submit a Final bid or the Final bid of only one Participant will comply with the requirements, set out in the Conditions, this Participant will be considered the winner and his Final bid will not be evaluated according to the economic efficiency criteria.At the request of the Participant, the Public entity will provide him with the characteristics and relative advantages of the winning Bid, allowing that Bid to be acknowledged as the best, as well las the name of the Participant with the winning Bid, offered Maximum remuneration (excluding its constituent parts), with the exception of confidential information, specified by that Participant.




SUBMISSION OF BIDS

The Technical and Financial offers, concluding the Preliminary or Final bid for the I and / or II and / or III Part of the Announced negotiations, should be provided in Lithuanian language. If documents are submitted in a foreign language, they must be translated into Lithuanian. The authenticity of the translation should be certified by the signature of the translator or the person authorized by the Participant.

Provided Technical and Financial proposals, as well as other submitted documents, should be signed by a person authorized by the Candidate / Participant, and documents, certifying the right of the person to sign the documents on behalf of the Candidate / Participant, should be attached to the documents, in case the Technical and Financial offers are signed by a person different from the person who has signed the Application. Documents issued by other institutions or persons must be signed by the person who issued them or by a representative of the relevant institution.

The Preliminary bid / Final bid, together with attached documents, should be submitted only through the use of CVP IS means, submitting them in an electronic form that cannot be edited . A description of the order of Preliminary bid / Final bid submission can be find at:

https://vpt.lrv.lt/en/cvp-is/mokymu-medziaga/tiekejams-1

Preliminary bid / Final bid should be signed by a safe electronic signature, confirming the whole Preliminary / Final bid with it. Separate signatures for each document are not required. Submission of documents, signed in such a way - declares that the digital copies submitted are genuine. The Public entity has the right to request the originals or properly authorized (with the signature of the Head of Candidate / Participant and, if applicable, seal, specifying the date, name, surname and position, or authorized public subject, according to the order, provided for in the legal act of the Candidate / Participant country of origin).

The Final bid provided by the Participant can be encrypted. A Participant who chooses to submit an encrypted Final bid must:1) Prior to the end of the Final bid submission term , provide an encoded Final bid by the means of CVP IS (encoding the whole Final bid or a document of the Final bid, which specifies the Annual remuneration). The instruction on encryption of the final bid can be found at:http://vpt.lrv.lt/uploads/vpt/documents/files/uzsifravimo_instrukcija.pdf. 2) prior to the start of the procedure (meeting) where the envelopes with Final bids will be opened - provide the password through means of CVP IS correspondence , which can be used by the Public entity to decipher the provided Final bid. In the event of technical problems with CVP IS, when the Participant is unable to provide a password via the means of CVP IS correspondence , the Participant shall have the right to submit the password by other chosen means: official e-mail of the Public entity, fax or in writing. In such a case, the Participant should be active and make sure that the password reaches the addressee in time (for example, by contacting the Public entity by official telephone and / or other means of communication).


http://vpt.lrv.lt/uploads/vpt/documents/files/uzsifravimo_instrukcija.pdf

https://vpt.lrv.lt/lt/cvp-is/mokymu-medziaga/tiekejams-1

In case the Participant fails to provide (due to his own fault) the password or in case he provides a wrong password, which cannot be used by the Public entity to decipher the Final bid Prior to the start of the procedure (meeting) of familiarization with Final bids, the Participant's bid is rejected as not meeting the requirements of Conditions (the Participant failed to provide Annual remuneration (price) and (or) other required documents).

Bid validity assurance original should be provided to the Public entity by mail at the following [address]] prior to the end of the Final bid submission term, in a sealed envelope, specifying the Project name, Participant’s name and the fact that the envelope contains the Bid validity assurance.

A digital copy of the Bid validity assurance should be presented to the Public entity prior to the end of the Final bid submission term by CVP IS measures of communication.

Participants can provide a digital original of the Bid validity assurance. Such a digital document should be provided to the Public entity prior to the end of the Final bid submission term and it should be separately signed by a safe (protected) electronic signature of the subject, who has issued the Bid validity assurance and provided by CVP IS measures of communication.Bid validity assurance should comply with the form, provided in Conditions Annex Bid validity and contract performance assurance forms and should be valid no shorter than the provided Final bid.

The Participant may contact the Public entity for approval of the suitability of the Bid validity assurance, prior to providing it. The reply will be provided by CVP IS measures no later than in 3 (three) Business days from the receipt of such a request.



Part A

BID FORM

________________________________________________________________________________(Participant's name, legal entity code, home address)


TECHNICAL PROPOSAL

(Date) (number)

(Location)




“MILITARY UNIT DEVELOPMENT IN ŠIAULIAI REGION ](Project name)

Participant's name12

Legal entity code

VAT payer's code



By providing this Technical proposal, we approve that we have thoroughly reviewed the Conditions, announced at [date] in the Official Journal of the European Union [number], and CVP IS, procurement (purchase) number - [procurement number] and other provided

12 If the Participant acts as a group of economic operators, this information must be provided for all members of the group. It is also necessary to specify which member is the principal and authorized to represent the group.


documents and have made sure that all of the information to be provided for the such a proposal to be correct and complete.

We provide the following offers regarding the implementation of the Project:

Project implementation conditions and requirements

Offers

[ Specify Project conditions and requirements, the Participants wants to submit offers for ]

[ Specify Project conditions and requirements, the Participants wants to submit offers for ]

Other offers important to the implementation of the Project, according to participant's opinion

We offer the following Contract implementation stages:

Stage Stage implementation term

Stage description

We will use the following Subcontractors, known during the submission of the Preliminary / Final bid, for the implementation of the Contract.

Subcontractor 13 name Which part of the Contract is he invited to implement

13 This section is also used to specify specialists, who were referred to prove compliance of the Candidate with the qualification requirements and the execution of the Contract, if they were not employees of the Candidate and the time of submission, but would be employed in the case of winning.


We hereby specify, that the following parts of the Technical proposal are confidential 14 :

1.

2.

3.

[If applicable We provide our offers regarding the Contract project, both newly provided and the ones provided prior to the submission of this Technical proposal, and their explanations, we provide in the text of the Contract project with marked changes, which we attach to the Technical proposal.]

By providing this Technical proposal, we confirm that the services and works we are offering are fully compliant with the requirements, set out in the purchasing documents and legal acts effective in the Republic of Lithuania, and the digital copies of documents and data, provided together with the Bid, are real (genuine).

We provide the following to ensure the Bid validity

(specify type of guarantee, size, documents and the guarantor or surety issuer)

The offer is valid until

No. No.

Names of attached documentsNumber of

pages of document

1. [ Applied when submitting the Final bid Bid validity assurance

2. [If applicable Contract project with offers, clarifications and their explanations (provided in the Contract text, by marking them clearly or using the "Track changes" or similar function of the text editor software)]

3. [If applicable List of associated companies]

4. [ Specify other documents ]

14 In case one does not specify, in which Technical proposal parts contain confidential information, the Public entity has the right to disclose (reveal) all of the information, contained in the Technical proposal.


(Duties of the Participant or his

authorized representative)



Part B

_______________________________________________________________________________(Participant's name, legal entity code, home address)


FINANCIAL PROPOSAL

(Preliminary / Final)

(Date) (number)

(Location)

[ delete unnecessary "MILITARY UNIT DEVELOPMENT IN ŠILALĖ DISTRICT, PAJŪRIS TOWN"



"MILITARY UNIT DEVELOPMENT IN ŠIAULIAI REGION ](Project name)

Participant's name15

Legal entity code

VAT payer's code



With this Final bid we approve that we have thoroughly reviewed the Conditions, announced at [date] in the Official Journal of the European Union [number], and CVP IS, procurement (purchase) number - [procurement number] and other provided documents and have made sure that all of the information to be provided for the Financial proposal to be correct and complete. We confirm that we have assessed our owned and available financial resources, the cost-effectiveness of the Project, and have developed a reasonable Financial activity model.

15 If the Participant acts as a group of economic operators, this information must be provided for all members of the group. It is also necessary to specify which member is the principal and authorized to represent the group of economic operators.


We offer the following Annual remuneration:

_ No.

Price(Eur) excl. VAT

Price (Eur) incl. VAT

1. Annual remuneration (for the whole Contract period)


Annual remuneration payment structure excl. VAT:

Abbreviations Part of the payment

Measurement unit.

Total Year

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

M1 Credit flows Eur

M2 Own capital flows

Eur

M3 Financial and investment activity costs

Eur

M4 Service provision costs

Eur

M5 Administration and management costs

Eur

M Total16 Eur

Payment part description and constituent parts are described in Conditions Annex Contract project Appendix 3 Settlement and payment procedure.

16 Total Annual remuneration structure payment part sum (incl. VAT) for the whole period of Contract validity should be equal to the Annual remuneration, specified in the Bid.


The indicated Annual remuneration includes all of our expenses and payable fees.

It should be noted that under part 2 of article 13 of the Law, the Annual remuneration of the Bid, is not accounted as confidential information, with the exception of its constituent parts.

We attach a Financial activity model (as a Financial proposal integral part), prepared according to the form, provided in Conditions Annex Requirements for the financial activity model, where we financially (economically) substantiate our investment objectives, provide the evaluation of return on investment and other efficiency indicators. We also indicate and justify the funds, needed for the implementation of the Contract, financing sources and conditions, in that document. We hereby confirm the understanding, that in case the Financial activity model would be unsubstantiated, the Financial proposal will be held as non-compliant with the Conditions and our Proposal will be rejected.

Financial proposal is valid only until the expiry of the Technical proposal.

We hereby specify, that the following parts of the Financial proposal are confidential 17 :

1.

2.

3.

No. No.

Names of attached documentsNumber of

pages of document

1. Financial activity model (and documents substantiating it)

2. [ Specify other documents ]

3.




17 In case one does not specify, in which Financial proposal parts contain confidential information, the Public entity has the right to disclose (reveal) all of the information, contained in the Financial proposal.



FORM FOR THE LIST OF ASSOCIATED COMPANIES

________________________________________________________________________________(participant's name, legal entity code, home address)

[date], No. [number]


LIST OF ASSOCIATED COMPANIES

In accordance with the requirement of the Conditions, when providing the Preliminary bid / Final bid to participate in the [delete the unnecessary I Part of announced negotiations / II Part of announced negotiations / III Part of announced negotiations ], we provide the following list of companies, associated with us as a Participant:

Companies associated with [Participant name]: Linking (association) connections:

1.

2.

3.

4.

5.

An associated company in this case is any company, economic partnership, limited responsibility company, fund or any other unit (legal or non-legal person), which is controlled directly or indirectly by the Participant (or his members) or who is directly or indirectly controlling the Participant (or his member), or who is controlled directly or indirectly, together with the Participant, by a different unit, having the ownership right, part of capital or implementing the requirements of legal acts, applicable to such a controlled company.

Control means a dominating influence to another economic operator by having direct or indirect ownership rights and / or participating financially in other ways or providing participation rules in such a subject, i.e. when:

(i) more than half of the shares or other securities (stocks) issued by such a controlled company are owned; or

(ii) more than half of the voices, which are provided by the shares or other securities (stocks) issued by such a controlled company are owned; or


(iii) there is a possibility to choose or elect more than a half of such a controlled company management or other body (with the exception of participant meeting) members; or

(iv)an agreement is concluded, according to which, the company is obliged to implement the decisions and instructions of the controlling company; or

(v) there is a right for at least a half of controlled company assets, profit or residual requirement.

We hereby state that we understand and agree with the fact, that if it becomes clear, that our List of associated companies is incorrect, or these companies would change and the list would not be updated during a reasonable term, our Bid can be rejected and we can be removed from further participation in Announced negotiations.






DRAFT CONTRACT

[Attach Contract project.]



BID VALIDITY AND CONTRACT PERFORMANCE ASSURANCE FORMS

Attached:

1) Bid validity assurance form (Guarantee);

2) Bid validity assurance form (Surety);

3) Obligation performance assurance form (Guarantee);

4) Obligation performance assurance form (Surety).


BID VALIDITY ASSURANCE (Guarantee )

(Date) (number)

(Location)The Client,[specify the Participant's name; company code, address, in the case of a group of economic operators - specify their full names and specify the responsible member, or indicate that the Participant provides a bid on behalf of a joint venture, by specifying the joint venture agreement date and number ], provided the Bid to participate in the Announced negotiations regarding [delete the unnecessary "Military unit development in Šilalė district, Pajūris town" or "Military unit development in Vilnius district, Rokantiškės village" or "Military unit development in Šiauliai region"] project implementation.[Guarantor's name, company code].[represented by [branch name]branch] [address], (hereinafter - Guarantor), according to the conditions, provided in this guarantee, irrevocably undertakes to pay [ Name of Public Entity] (hereinafter - Institution) no more than [amount in digits], ([amount in words, name of the currency]), after receiving the first written demand for payment (original) from the Institution, where the guarantee No. [specify the guarantee's number] is specified. The Institution is not required to substantiate its claims, but must state in its letter that the amount claimed is subject to one or more of the following conditions:1. The Client cancels or replaces his Bid during its validity period, after the Bid provision term;2. The Client, who has won the Announced negotiations:

a. does not sign the Contract or refuses to conclude it during a term, specified by the Institution;b. does not provide the Contract performance assurance during a term, specified by the Institution;c. does not execute the preconditions to the entry of the Contract into effect during a period, specified in the Contract.

The Institution is obliged to provide any written messages to the Guarantor together with the confirmation from the Bank, serving the Institution, that the signature is authentic.This obligation is mandatory for the Guarantor and the successors of his rights and is confirmed by the Guarantor's seal [guarantee issue date]. The Guarantor is obliged only to the Institution, therefore this guarantee is not transferable and cannot be pledged (mortgaged).This guarantee is valid until [ guarantee validity date, not shorter than the Bid validity date with an additional 10 (ten) Business days ].All of the obligations of the Guarantor to the Institution according to this guarantee shall expire, if:

1. The Guarantor will not receive the Institution's written requirements to pay (original) and the confirmation from the bank, servicing the Institution, that the signature is authentic, prior to the last day of the validity of the guarantee (including the last day) according to the address, provided above;2. The Contract will be concluded and will enter legal force;3. Announced negotiations will be terminated;4. The Client's Bid in the Announced negotiations is rejected and the rejection is not appealed according to the order, provided for in the laws of the Republic of Lithuania.


The Guarantor is provided with the returned original of the guarantee with the Institution's mark, specifying that:2.1. The Institution refuses its right according to this guarantee; or2.2. The Client has fulfilled his obligations, specified in this guarantee.

All and any requirements of the Institution for payment will not be executed, if they will be received according to the above-mentioned address of the Guarantor after the expiry of the guarantee validity term. The law of the Republic of Lithuania is applicable to this guarantee. Disputes between the Parties shall be settled in the manner prescribed by the laws of the Republic of Lithuania.

Seal. (position of the authorized

person)

(Signature) (first letter of name and

surname)


BID VALIDITY ASSURANCE (Surety)

(Date) (number)

(Location)This surety letter is valid only with the Insurance agreement No. [insert insurance agreement number].The Client[specify the Participant's name; company code, address, in the case of a group of economic operators - specify their full names and specify the responsible member, or indicate that the Participant provides a Bid on behalf of a joint venture, by specifying the joint venture agreement date and number ]and the guarantor[ specify the name, legal status and address of the guarantor](hereinafter - Guarantor), have provided the Bid to participate in the Announced negotiations regarding [delete the unnecessary "Military unit development in Šilalė district, Pajūris town" or "Military unit development in Vilnius district, Rokantiškės village" or "Military unit development in Šiauliai region"] project implementation.[Surety issuer's name, company code ][, represented by[branch name] branch,] [address[ (hereinafter - Surety issuer), is irrevocably undertaking to pay the [Name of Public entity] (hereinafter - Institution) no more than [enter surety sum in digits ]([enter sum in words])under the conditions of this Surety agreement, after receiving the first written demand of the Institution to pay (original) where the surety agreement No. [specify surety agreement number] is provided. The Institution is not required to substantiate its claims, but must state in its letter that the amount claimed is subject to one or more of the following conditions:1. The Client cancels or replaces his Bid during its validity period, after the Bid provision term.2. The Client, who has won the Announced negotiations:2.1. does not sign the Contract or refuses to conclude it during a term, specified by the Institution;2.2. does not provide the Contract performance assurance during a term, specified by the Institution;2.3. does not execute the preconditions to the entry of the Contract into effect during a period, specified in the Contract.The Institution is obliged to provide any written messages to the Surety issuer together with the confirmation from the Bank, serving the Institution, that the signature is authentic.This obligation is mandatory for the Surety issuer and the successors of his rights and is confirmed by the Surety issuer's seal [guarantee issue date]. Surety issuer is obliged only to the Institution, that is why this surety is not transferrable and cannot be pledged (mortgaged).This surety is valid until [ surety validity date, not shorter than the Bid validity date with an additional 10 (ten) Business days ].All of the obligations of the Surety issuer to the Institution according to this surety shall expire, if:

1. Surety issuer will not receive the Institution's written requirements to pay (original) and the confirmation from the bank, servicing the Institution, that the signature is authentic, prior to the last day of the validity of the surety (including the last day) according to the address, provided above;

2. The Contract will be concluded and will enter legal force;4


3. Announced negotiations will be terminated;4. he Client's Bid in the Announced negotiations will be rejected and the rejection is not appealed

according to the order, provided for in the laws of the Republic of Lithuania.The Surety issuer is provided with the returned original of the surety with the Institutions marks, specifying that:2.1. The Institution refuses its right according to this surety; or2.2. The Client has fulfilled his obligations, specified in this surety.

All and any requirements of the Institution for payment will not be executed, if they will be received according to the above-mentioned address of the Surety issuer after the expiry of the surety validity term. The law of the Republic of Lithuania is applicable to this surety. Disputes between the Parties shall be settled in the manner prescribed by the laws of the Republic of Lithuania.

Surety issuer:


person)


surname)


OBLIGATOIN PERFORMANCE ASSURANCE (Guarantee);

(Date) (number)

(Location)Client's [enter Private entity's name, company code, address ] obligations according to the Contract No. [number], signed with the [Public entity name] (hereinafter - Contract) due to [Contract name] should be assured by a Contract implementation guarantee.[Guarantor's name, company code ][, represented by[branch name] branch,] [address[ (hereinafter - Guarantor), is irrevocably undertaking to pay the institution not more than [amount in digits], ([amount in words]) Eur, according to the conditions set in this guarantee, after receiving the first written demand of the Institution (the original) to pay, which would specify the guarantee's No. [specify guarantee agreement number], confirmation, that the Client has failed to implement or improperly implemented his obligations under the Contract, while specifying which obligations were not implemented or implemented improperly. This obligation is mandatory for the Guarantor and the successors of his rights and is confirmed by the Guarantor's seal [guarantee issue date].The Guarantor is obliged only to the Institution, therefore this guarantee is not transferable and cannot be pledged (mortgaged).The Institution is obliged to provide any written messages to the Guarantor together with the confirmation from the Bank, serving the Institution, that the signature is authentic.This guarantee shall enter legal force after the Contract enters legal force in full.This guarantee is valid until [guarantee validity date].All of the obligations of the Guarantor according to this guarantee shall expire, if:

1. The Guarantor will not receive the Institution's written requirements to pay (original) and the confirmation from the bank, servicing the Institution, that the signature is authentic, prior to the last day of the validity of the guarantee (including the last day) according to the address, provided above;The Guarantor is provided with the returned original of the guarantee with the Institution's mark, specifying that:2.1. The Institution refuses its right according to this guarantee; or2.2. The Client has fulfilled his obligations, specified in this guarantee.

All and any requirements of the Institution for payment will not be executed, if they will be received according to the above-mentioned address of the Guarantor after the expiry of the guarantee validity term. The law of the Republic of Lithuania is applicable to this guarantee. Disputes between the Parties shall be settled in the manner prescribed by the laws of the Republic of Lithuania.


person)


surname)



OBLIGATOIN PERFORMANCE ASSURANCE (Surety);

(Date) (number)

(Location)This surety letter is valid only with the Insurance agreement No. [insert insurance agreement number].Client's [enter Private entity's name, company code, address ] obligations according to the Contract No. [number], signed with the [Public entity name] (hereinafter - Contract) due to [Contract name] should be assured by a Contract implementation surety.[Surety issuer's name, company code ][, represented by[branch name] branch,] [address[ (hereinafter - Surety issuer), is irrevocably undertaking to pay the institution under the conditions of this not more than [amount in digits], ([amount in words]) Eur, according to the conditions set in this surety letter, after receiving the first written demand of the Institution (the original) to pay, which would specify the surety agreement No. [specify surety agreement number], conforming, that the Client has failed to implement or improperly implemented his obligations under the Contract, while specifying which obligations were not implemented or implemented improperly. This obligation is mandatory for the Surety issuer and the successors of his rights and is confirmed by the Surety issuer's seal [guarantee issue date].Surety issuer is obliged only to the Institution, that is why this surety is not transferrable and cannot be pledged (mortgaged).The Institution is obliged to provide any written messages to the Surety issuer together with the confirmation from the Bank, serving the Institution, that the signature is authentic.This surety shall enter legal force after the Contract enters legal force in full.This surety is valid until [surety validity date].All of the obligations of the Surety issuer according to this surety shall expire, if:

1. Surety issuer will not receive the Public entity's written requirements to pay (original) and the confirmations from the bank, servicing the Institution, that the signature is authentic, prior to the last day of the validity of the surety (including the last day) according to the address, provided above;2. The Surety issuer is provided with the returned original of the surety with the Institution's mark, specifying that:2.1. The Institution refuses its right according to this surety; or2.2. The Client has fulfilled his obligations, specified in this surety;

All and any requirements of the Institution for payment will not be executed, if they will be received according to the above-mentioned address of the Surety issuer after the expiry of the surety validity term. The law of the Republic of Lithuania is applicable to this surety. Disputes between the Parties shall be settled in the manner prescribed by the laws of the Republic of Lithuania.Surety issuer:

Seal. (position of the authorized (Signature) (first letter of name and


person) surname)



DISPUTE RESOLUTION PROCEDURE

In case the economic operator / Candidate / Participant believes, that the Public entity did not adhere to the requirements of the Law and thus has breached or will breach his rightful interests.

In such a case the economic operator / Candidate / Participant can provide the Public entity (Commission) with a claim, regarding the actions taken or decisions made by the Public entity, that (in his opinion) violates the rightful interests of the economic operator / Candidate / Participant. Presenting such a claim is a mandatory pre-trial dispute settlement stage.

The claim can be provided to the Public entity (Commission) by fax, by CVP IS or other means of electronic communication or as a signed copy through the provider of mail (post) services or other appropriate courier in 10 (ten) days from the day of the announcement of the purchasing organization regarding its decision or the day of the purchasing organizations written notification regarding the sending of its decision by the means of CVP IS to economic operators / Candidates / Participants.

The claim will be examined by the Public institution (Commission) only if it will be received within the above-mentioned terms and prior to the day of the conclusion of the Contract. The Public entity is obliged to examine the claim and make a reasoned decision in no longer than 5 (five) Business days from the day of the receipt of the claim, and to inform the economic operator / Candidate / Participant who has filed the claim and interested Candidates / Parties of its decision, as well as to inform them regarding the changes in previously announced procurement procedure term changes in no later than the second Business day by the means of correspondence of CVP IS, and in writing, when there is no such possibility.

In case the Public entity (Commission) does not satisfy the claim

If the provided claim is not satisfied, satisfied only partially or is not examined during a defined term, the economic operator / Candidate / Participant who has filed it, has the right to address the court regarding the protection of his violated rights according to the laws of the Republic of Lithuania.

In case the economic operator has addressed the court, he is obliged to immediately, but no later than in 3 (three) Business days, provide the Public entity with a copy of request or court claim with a receipt mark or other evidence that the document has been received by the court via fax, means of electronic communication or according to a signed receipt procedure through a courier service.
