What is ARCCLA's tax identification number?
ARCCLA's tax identification number is 5000692891.
What is the legal regime applicable to the present public procurement: that of the Public Contracts Law (Law No. 41/20, of 23 December) or the special legislation of the Legal Regime of the National Network of Logistics Platforms, contained in the Presidential Legislative Decree No. 2/21, of 14th May?
Both are applicable, it being certain that the Public Contracts Law is subsidiarily applicable. In fact, the procedure in question pertains to a concession for a logistics platform integrated in the National Network of Logistics Platforms, meaning that, firstly, the Legal Regime of the National Network of Logistics Platforms will be applicable, which, in turn, refers to the subsidiary application of the Public Contracts Law (cf. Article 19(1) of the Legal Regime of the National Network of Logistics Platforms).
Why is the concession not awarded through a Public Tender?
Under the terms of Article 24(5) of the Public Contracts Law, a provision that resulted from the last amendment to this Law, on December 23, 2020, in public procurement, procedures tending to signature of a concession contract must be carried out by Public Tender or by Limited Tender by Prior Qualification.
Considering that this is a concession of a logistics platform of the National Network of Logistics Platforms and that the Legal Regime of the National Network of Logistics Platforms applies (a diploma that was approved shortly after the last amendment to the Public Contracts Law), we opted for the Limited Tender by Prior Qualification as it is the procedure that best complies with the norms set out in this regime.
In the case of a public procurement for the execution of public works contracts and concessions, isn't the Contracting Public Entity obligated to present an Execution Project, that is, a Project consisting of written and designed pieces for the correct definition of the work and execution of the works?
Yes. However, the public procurement in question concerns an exceptional case, in which the contractor assumes, under the terms of the Specifications, the obligations of results related to the use of the work to be performed, in addition to the fact that the technical complexity of the constructive process of the work to be performed requires, due to the technicality of the tenderers, their special connection to the conception of the work.
In this case, the Contracting Public Entity, under Article 49(6) may foresee, as an aspect of the execution of the contract to be signed, the preparation of the execution project, and the Specifications must only be comprised of a basic program, in this case consisting of (i) the Financial Base Case proposed by the Grantor, (ii) the Executive Summary of the Master Plan of the logistics Platform and (iii) the Descriptive Memory of the Logistics Platform.
Will contracts for the provision of inspection be signed within the scope of the logistic platform concessions?
Yes, and the Concessionaire should choose and contract the supervision services, by default.
However, in the case of a business model in which the State oversees the construction and supervision of the infrastructure, the State itself may contract the supervision services.
Are variant proposals admissible? If so, how many variants? And what aspects of the Specifications may be subject to variation?
Yes, up to 1 (one) variant proposal is allowed and must be presented within the logic of the Financial Base Case proposed by the Grantor and Executive Summary of the Master Plan of the Logistics Platform, Annex I and II to the Specifications, respectively.
The aspects of the Specifications that may be subject to variation are identified in Table 4.3 of the Executive Summary of the Master Plan of the Logistics Platform.
In the Regulation on Evaluation and Selection Criteria it is written in article 3(2) that "The definition of the elements that make up the evaluation parameters are defined in the respective Master Plans of the Logistics Platforms, or equivalent documents". Where can these documents be found?
The Regulation on Evaluation and Selection Criteria applies to 6 (six) different logistic platforms, and the elements that make up the evaluation parameters may vary according to the logistic platform in question. In this regard, these elements will be provided in a document attached to the Invitation Letters sent to the Qualified Applicants during the Presentation of the Proposals and Awarding phase.
What are the steps in order to acquire and have access to the Tender documents, as a resident applicant?
To acquire the tender documents, as a resident applicant, the procedure is as follows:
- Proceed with the payment of Kz 2.500.000,00 (two million and five hundred thousand Kwanzas) by deposit in the Single Treasury Account CUT No. AO06 0001 0000 0000 0094 0003 9 with the NIF 5000692891 belonging to ARCCLA;
- Once the payment is made, the applicant must send the scan of the Settlement Note to the e-mail address indicated for the concession, after which he/she must receive a communication by the same means with confirmation of receipt by ARCCLA and information on the day and time when he/she can pick up the pieces of the procedure at ARCCLA's headquarters;
- Once the aforementioned e-mail is received, indicating the day and time in which the tender documents must be picked up, the applicant may go to the competent department on the 5th floor, as indicated in the respective Announcement, and ask to be indicated where the secretariat of the respective tender is located so that the original proof of payment can be received and the pieces of the procedure can be delivered to him/her in digital format, immediately, and in paper format (if desired), within 2 (two) working days;
- For any additional clarification, the competent service will be available through the phone number indicated in the respective Announcement regarding the public tender in question.
