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Small Business Initiative: Investment Preparation for EU4Business - Financial Services

 | Published September 2, 2016  -  Deadline September 26, 2016
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The Procurement Notice has been modified on 7 September 2016 - the changes are recorded in bold text.

Programme Description:

Small and medium-sized enterprises ("SMEs") constitute a significant share in the total legal entities in Ukraine. They make a considerable contribution to job creation and of a value added to the GDP. However, the SME segment in Ukraine has been facing structural problems. Since 2014 local banks have substantially reduced their lending appetite, as a result of which availability of debt and equity financing for SMEs has become extremely limited. At the same time Ukrainian SMEs lack understanding of the standards and procedures they would need to comply with the EU standards, and need to modernise their production processes and adopt new technologies and international best practice in order to compete successfully.

In light of the challenges facing Ukrainian SMEs, the European Bank for Reconstruction and Development ("EBRD" or the "Bank") seeks to enhance their competitiveness by providing access to advisory services covering a wide range of areas, by increasing their access to finance through improved bankability and by financing directly those SMEs that have the greatest growth potential (the "Programme").

The expected outcome of the Programme is that up to 50 SMEs in Ukraine will benefit from the EBRD's direct financing. Direct financing means loans and equity by EBRD to creditworthy company, ca. 10 SMEs/year to benefit from that, ca. 50 SMEs during duration of the whole Programme, ca. EUR 100 mln total financing to be provided to these 50 SMEs subject to acceptable financial due diligence and /or IFRS restatement, among others.

The EBRD now wishes to engage consultants to assist with the pipeline preparation, project origination and implementation activities as well as post-investment monitoring and assistance.

Framework Agreements for the Programme

The EBRD intends to enter into Framework Agreements with at least three consultants (the "Framework Consultants" or the "Consultants") to enable the Bank to call upon a shortlist of pre-qualified firms, from which it can quickly and efficiently obtain reliable services. The Framework Agreements will establish, in advance, fee rates for experts, contract terms and procedures that will govern individual assignments (the "Assignments" or "Call-offs") to be required to implement the Programme. Under these Framework Agreements, the Bank will have the option, but not the obligation, to place individual Assignments with the selected Framework Consultants.

The Framework Consultants will be selected for individual Assignments in accordance with EBRD's Procurement Policies and Rules (PPR). The Bank may send to the Framework Consultant(s) specific Terms of Reference for the Assignment (the "Specific ToR"). The Specific ToR will include a description of the tasks to be performed, time-schedules and reporting instructions. The Framework Consultant(s) should respond by sending to the Bank a technical and financial proposal for the Assignment together with details of the expert(s) proposed to carry out the work. The Bank will then assess the response(s) and – subject to successful negotiations - issue a call-off notice (the "Call-Off Notice") for the individual Assignment to the selected Framework Consultant.

Description of Individual Assignments (Call-offs)

Consultancy services for individual Assignments are expected to include but not be limited to the following:

1. Financial analysis of management accounts and financial management system, which would include among other tasks:

a. Reviewing financial statements of an SME

b. Identifying key variables for the financial performance of the SME

c. Highlighting deviations from local standards

d. Reviewing the terms of existing debts

e. Analysing receivables/payables

f. Assessing management information systems and management accountability procedures

g. Assessing the quality of financial management (including working capital)

.2. Preparation of restated financial statements in accordance with the International Financial Reporting Standards ("IFRS"):

a. Restating the accounts of an SME in accordance with IFRS, including preparing detailed notes

b. Providing training to the SME's accountants/financial managers on reporting in accordance with IFRS

Status of Selection Process: Interested firms or groups of firms are hereby invited to submit expressions of interest.

Programme Start Date and Duration: The Programme started in April 2016, and the Framework Consultants are needed to commence services as soon as the Framework Agreements are concluded. The selected Framework Consultants will be engaged via Framework Agreements with a validity period of up to four years.

Cost Estimate for the Programme and Assignments: The cost estimate for individual Assignments will vary depending on their specific scope, but individual budgets are expected to be up to EUR 75,000 (exclusive of VAT).

The Consultant must determine whether any VAT would be chargeable on the services and the basis for that determination, without taking into consideration the special status of the Bank as an IFI and state this to the Bank in their response to the Invitation for Expressions of Interest. To the extent that a Consultant incurs input VAT on goods and services purchased in connection with the provision of services (e.g. VAT on airline ticket) which is not otherwise recoverable by the consultant from the local tax authority, the gross cost to the consultant of such expenses shall be treated as a reimbursable expense.

Funding Source: This Programme is expected to be funded by the European Union represented by the European Commission under the "EU4Business: Network of Business Centres in Ukraine" programme.

Eligibility: There are no eligibility restrictions.

Framework Consultant Profile: Corporate services are required. The Consultant will be a firm or a group of firms with relevant experience in all major areas of the financial services industry. The Consultant will have to have a relevant experience in Ukraine and/or in the region with similar financial requirements.The Consultant's experience in working with other IFIs would be an additional asset.

The Consultant's expert team is expected to include at least the following Key Experts:

a) Team Leader with preferably at least five years of previous professional experience in IFRS transformation and audit.

b) Senior Financial Expert with preferably at least four years of previous professional experience in IFRS transformation and audit.

c) Pool of additional Financial Experts with preferably at least two years of professional experience in IFRS transformation and audit.

The Consultant's team need to include experts with Ukrainian and/or Russian language skills.

Submission Requirements: In order to determine the capability and experience of Consultants seeking to be shortlisted for the Programme, the information submitted should include the following:

1. Company's/group of firms' profile, organisation and staffing.

2. Details of previous project experience or similar assignments, particularly undertaken in the past five years, including information on contract value, contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided (if different from duration), main activities and objectives.

3. CVs of Key Experts who could carry out the Assignments, detailing qualifications, experience in similar assignments, particularly assignments undertaken in the past five years, including information on contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided, assignment budget, main activities, objectives.

4. Completed Consultant Declaration Form and Contact Sheet, the template for which is available from the following web-link:

http://www.ebrd.com/pages/workingwithus/procurement/notices/csu/contact_sheet.doc.

The above information should not exceed 15 pages excluding CVs and the Consultant Declaration Form and Contact Sheet.

Expressions of Interest should be submitted in English electronically through eSelection, to reach the Bank no later than the closing date. The complete expression of interest (including cover letter, CVs, Declaration and Contact Sheet etc.) shall be one file (pdf) to be uploaded to eSelection. The EBRD reserves the right to reject applications of experts submitting more than one file. Only if the permissible file size (4 MB) is exceeded, the Consultant may split the expression of interest into further files.

Bank Contact Person:

Elena Kolodiy

Technical Co-operation

European Bank for Reconstruction and Development

One Exchange Square

London EC2A 2JN

Tel: + 44 20 7338 6765

e-mail: kolodiyo@ebrd.com (submissions should be sent through eSelection and NOT to this email address)

Notes:

1. Following this invitation for expressions of interest, a shortlist of qualified firms will be formally invited to submit proposals.

2. The evaluation criteria are:

a) Firm's relevant experience in financial analysis of companies, IFRS accounting and auditing – 30%

b) Firm’s experience in Ukraine and/or in the region with similar legal and financial requirements – 20%

c) Calibre of the Key Experts – 30%

d) Ukrainian and/or Russian language knowledge – 10%

e) Firm's previous experience in working with IFIs – 10%

Support for the Restructuring of Financial Sector of Ukraine

 | Published July 20, 2016  -  Deadline August 3, 2016
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Project Description:

A new Law on Financial Restructuring (LFR) was adopted by the Ukrainian Parliament (Verkhovna Rada of Ukraine”) on 14 June 2016 aimed at facilitating the systemic restructuring of non-performing loans (NPL) within the banking sector.

Under the LFR, the voluntary restructuring process will be administered by a technical secretariat (Secretariat), managed by the Independent Association of Banks of Ukraine (NABU) and tasked with processing and coordination of cases. The work of the Secretariat will be subject to the supervision of an oversight board (the Oversight Board), a coordination body tasked with organisation and conduct of the Kiev Approach. The Oversight Board will supervise the work of an arbitration committee (the Arbitration Committee), a body responsible for appointing arbitrators to assist with the resolution of specific disputes among debtors and creditors arising under the LFR.

Secretariat

The Secretariat will assist with administration of LFR cases and will be run by the NABU. It will be responsible for a number of tasks including:

management of all administrative and procedural issues related to the LFR procedure, including registering applications for LFR and supporting the work of the Arbitration Committee in respect of any arbitral proceedings;

preparation and submission of progress and performance reports to the Oversight Board regarding conduct of LFR cases;

organisation and dissemination of information to parties participating in LFR proceedings; and

development of recommendations concerning the LFR proceedings for participating parties.

Since the LFR procedure is entirely new and there is a lack of out-of-court restructuring culture in Ukraine, the Secretariat would benefit from external expert guidance from the outset on the new procedure and capacity-building for its members.

Arbitration Committee

The LFR provides for creation of the Arbitration Committee and relies on the use of binding arbitration under The Law of Ukraine "On International Commercial Arbitration". This law is well-established in Ukraine and arbitral awards are recognized by Ukrainian courts. The debtor consents to arbitration of any disputes in its restructuring application and the banks may submit to arbitration where they sign a ‘Framework Agreement’ or ‘Restructuring Plan’ (each as defined in the LFR). The Arbitration Committee manages the dispute resolution process and is supported by qualified arbitrators.

The purpose of this Project is to assist with the establishment of the Secretariat and the Arbitration Committee and capacity building.

This will involve:

1) providing guidance on all matters related to the establishment of the Secretariat and the Arbitration Committee at the outset of the project;

2) Assistance with drafting an operation plan for both organisations and any template documents required to initiate a procedure before the Secretariat or the Arbitration Committee;

3) providing assistance to both organisations on a regular basis. This assistance shall include but it is not limited to guidance for the NABU on an effective financing structure for the Secretariat and the Arbitration Committee to be implemented following completion of the EBRD project;

4) Drafting of restructuring principles in line with international standards and best practices;

5) Developing and implementing training for representatives of the Secretariat and, if needed, the Arbitration Committee to ensure effective implementation of the framework.


Assignment Description

The Bank now intends to engage an individual expert (the Consultant) to conduct the above activities aiming at supporting the NABU to implement the LFR (the Assignment).

The selected Consultant is expected to provide the following services:

Activity 1: Operation plan and templates for the Secretariat and Arbitration Committee

Work closely with the NABU and provide guidance on all matters related to the establishment of the Secretariat and the Arbitration Committee at the outset of the project. The Consultant shall be required to draft an operation plan for both organisations and any template documents required to initiate a procedure before the Secretariat or the Arbitration Committee. After an initial period (of two to four weeks), the Consultant shall be required to provide assistance to both organisations on a regular basis for a period of at least one year. This assistance shall include guidance for the NABU on an effective financing structure for the Secretariat and the Arbitration Committee to be implemented following completion of the EBRD project.

Activity 2: Drafting restructuring guidelines

The Consultant shall be required to draft restructuring guidelines for management of financial restructuring cases by the Secretariat in line with international standards and best practices as instructed by the EBRD operation leader.

Activity 3: Development of training programme

The Consultant shall develop a three-day module for Secretariat representatives on selected topics relevant to the role of the Secretariat under the LFR. Training will guide Secretariat representatives on the purpose and scope of financial restructuring and aim to increase the capacity of the Secretariat to conduct certain tasks, notably reporting on the outcomes of financial restructuring to the Oversight Board.

Activity 4: Delivery of training

The Consultant shall deliver training to Secretariat members in accordance with the training programme developed by the Consultant under Activity 3. The Consultant shall also contribute, as requested, to any training of the Arbitration Committee members in restructuring-related matters.

Activity 5: Participation in stakeholder meetings

The Consultant shall organise and actively participate in any meetings regarding formation of the Secretariat and in any strategically important meetings organised by the Secretariat with a view to providing guidance on the organisation and responsibilities of the Secretariat under the LFR

Activity 6: Participation in public events

The Consultant shall participate in the organisation and delivery of any public events (in collaboration with other experts where necessary) organised by the EBRD and the NABU to raise awareness of the LFR. The conference will be an opportunity to encourage discussion among key players and outreach to relevant parties within the private sector.

Activity 7: Monitoring and Reporting

The Consultant shall monitor the work of the Secretariat and the Arbitration Committee as applicable and report on their activities to the EBRD on a quarterly basis.

Status of Selection Process: Interested individual experts or firms proposing an individual expert are hereby invited to submit Expressions of Interest.

Assignment Start Date and Duration: The Assignment is expected to start at the end of August 2016 and has an estimated overall duration of 14 months.

Maximum Cost Estimate for the Assignment: EUR 74,840.00 (exclusive of VAT).

The Consultant must determine whether any VAT would be chargeable on the services and the basis for that determination, without taking into consideration the special status of the Bank as an IFI and state this to the Bank in their response to the Invitation for Expressions of Interest. To the extent that a Consultant incurs input VAT on goods and services purchased in connection with the provision of services (e.g. VAT on airline ticket) which is not otherwise recoverable by the Consultant from the local tax authority, the gross cost to the consultant of such expenses shall be treated as a reimbursable expense.

Funding Source: The Assignment is expected to be funded by the EBRD-Ukraine Stabilisation and Sustainable Growth Multi-Donor Account. Contracting will be subject to availability of funding.

Eligibility: There are no eligibility restrictions.

Consultant Profile: Individual services are required. The Consultant will be an individual with previous extensive local and international experience in legal and financial matters related to multi-creditor restructuring (including out-of-court restructurings ).

The Consultant should have preferably 10 years of previous professional experience in restructuring in an international environment and practical experience in managing/coordinating voluntary multi-creditor restructuring cases;

The Consultant shall be fluent in English. Working knowledge of Ukrainian will be an advantage.

Submission Requirements:

Interested individual experts or firms proposing an individual expert are hereby invited to submit Expressions of Interest. In order to determine the qualifications and competence of experts seeking to be selected, experts or the firms proposing an expert must submit an Expression of Interest containing the following information:

- Cover letter including full contact details, inclusive of address of the individual (or company), phone and fax numbers, and email address;
- Detailed Curriculum Vitae;
- Details of the expert's detailing qualifications, experience in similar assignments, particularly assignments undertaken in the previous five years, including information on contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided, main activities, objectives;
-Completed Contact Sheet, the template for which is available from the following web-link:
http://www.ebrd.com/pages/workingwithus/procurement/notices/csu/contact_sheet.doc

Failure to provide the duly completed and signed Consultant Declaration may result in the applicant being disqualified from the selection process.

The Expression of Interest should not exceed 25 pages (excluding CVs, Consultant Declaration and Contact Sheet).

In case firms wish to submit more than one CV, they must register each CV with a unique e-mail address through e-Selection. Should this requirement not be met the EBRD reserves the right to consider any Expression of Interest containing more than one CV non-responsive.
Expressions of Interest should be submitted, in English, electronically through e-Selection, in PDF format or electronic formats compatible with Microsoft Office 2003 not later than the deadline mentioned above. DO NOT send Expressions of Interest to the EBRD's contact person.

The complete Expression of Interest (including CVs, Consultant Declaration and Contact Sheet) should be submitted, in English electronically through e-Selection, to reach the Bank not later than the closing date referred to above. The expression of interest shall be one file (pdf). The EBRD reserves the right to reject applications of firms submitting more than one file. Only if the permissible file size is exceeded (4MB), the Consultant may split the expression of interest into further files.

Bank Contact Person:

Marina Matushina

Advisor, Technical Co-operation

European Bank for Reconstruction and Development

One Exchange Square

London EC2A 2JN

Tel: + 44 207 338 6577

e-mail: MatushiM@ebrd.com (submissions should be sent through eSelection and NOT to this email address)

Notes:

1. The selection will normally be made from responses to this notification only. Consultants will not be asked to submit a proposal. The highest-ranked Consultant will be selected from a shortlist and be invited to negotiate the contract, subject to availability of funding.

2. The shortlist criteria are:

(a) Expert’s international and local experience in legal and financial matters related to multi-creditor restructurings - 50%

(d) Expert’s experience in restructuring in an international environment – 30%

(c) Expert’s practical experience in managing/coordinating voluntary multi-creditor restructuring cases – 20%

Kyiv City Public Transport Project – PasTrans Loan - Financial And Operational Performance Improvement Programme

 | Published May 29, 2015  -  Deadline June 26, 2015
cpvs

CLARIFICATIONS ISSUED ON 5 JUNE 2015: (i) the Terms of Reference are available through the link provided below (ii) interested consultants are invited to propose their approach and methodology to the assignment; (iii) shortlisting criteria and respective weightings are revised (see Important Note 2)
 
Executing Agency (Client): Kyiv PasTrans
 
Project Description: 
 
The City of Kyiv (the “City” or “Kyiv”) with the population of 2.8 million people is the capital of Ukraine and is a financial, commercial, political, scientific and cultural centre. The City is currently receiving financing from the European Bank for Reconstruction and Development (“EBRD” or the “Bank”) for the Kyiv City Public Transport project (the “Project”). The Project includes loans to three municipal public transport companies in aggregate amount of EUR 115 million, secured by the guarantee from the City: (i) EUR 60 million loan to KyivPastrans to procure new buses and trolleybuses; (ii) EUR 40 million loan to KyivMetro to procure new metro wagons and (iii) EUR 15 million loan to KyivDorservice to finance traffic management solutions in the City. KyivMetro project is completed while KyivPastrans and KyivDorservice are in implementation stage.
 
Circa 1.078 million passengers per annum are carried by the public transport systems in the City. Metro services are the backbone of the public transport system carrying about 47 per cent of all public transport demand. Trams and trolleybuses carry 390 million passengers, while buses carry 179 million passengers. The public transportation network was planned with the objective of finding a balance between available budgets for essential mobility needs, and ensuring high capacity service on the core corridors. The system includes 3 metro lines, 20 tram routes, 38 trolleybus routes, and 140 bus and minibus routes. Most of the minibus routes are operated by private operators. There is currently no functional integrated electronic ticketing system in place.
 
The City coordinates transport service supply through licensing and tariff setting and monitors the provision of services through a Central Dispatching Service. Urban transportation services are the responsibility of the City’s Transport Department for Public Services. 
 
The Metro as well as tram and trolleybus services will remain an essential service for inhabitants with lower income and those eligible for concessionary fares. Kyiv Metro and Kyiv Pastrans are expected to retain their market share and the role as the backbone of the transport system, providing frequent and relatively higher capacity services at more affordable prices.
 
Kyiv PasTrans (the “Company”), a public transport company wholly-owned by the City, responsible for the provision of ground services (bus, trolleybus, tram and light rail). The Company operates 20 tram routes using 436 trams, 38 trolley routes using 546 trolleybuses, 140 bus routes using 1,645 buses, plus one funicular railway. The Company employs approximately 9,419 staff.
 
The Kyiv City Council sets tariffs for public transport services (until last year with approval at the Ministry of Infrastructure level, a practice that has now been discontinued). The tariffs were increased 2 times per cent starting from February 2015. A single flat-rate metro ticket costs UAH 4 (EUR 0.16) significantly below prices of either Warsaw (EUR 1.05) or Sofia (EUR 0.51). A single flat-rate tariff for public on the ground transportation has also been increased 2 times to UAH 3 (EUR 0.13) which is also significantly below the European levels. The privileged/concessionary passenger fares are funded from the State budget (with delays and insufficiently) apart from students and pupils who are co-funded by the municipal budget covering 50 per cent of the full price.
 
The Company is currently developing a reorganisation plan focused on key service delivery indictors and efficiencies.  The Bank’s financing is focusing on renewal of the rolling stock but is conditioned upon the reorganisation plan being timely implemented and as part of the project, the Company will have to improve its corporate governance, maintain financial ratios and other covenants of the legal agreements.
 
Assignment Description: 
 
The Company wishes to engage a Consultant (the “Consultant”) to help develop and implement the Reorganisation aimed at improving efficiency and financial sustainability of its operations.
 
The Consultant shall assist the Company in improving its commercial standing, service and environmental performance by helping to identify and implement the necessary corporate, financial and operational improvements required to meet the related covenants included in the EBRD finance documents and to implement the Reorganisation. This will be achieved via the development and implementation of the FOPIP and of a detailed strategy to roll out the Reorganisation. The Consultant shall also assist the Company in implementing the Reorganisation and to develop short and medium-term focused corporate development plans and to improve their corporate planning capacity to assist their ongoing transition towards becoming self-sustaining entities and commercial operations.
 
The selected Consultant is expected to:
  • assist the Company in identifying and implementing the necessary corporate, financial and operational improvements, including the Reorganisation, to meet the related covenants included in the EBRD finance documents. This will be achieved via the development and implementation of a Financial and Operational Performance Improvement Programme (“FOPIP”);
  • assist the Company in developing and implementing a short to medium term focused Corporate Development Plan (“CDP”) and corporate planning process, so it may continue its transition towards an entirely commercial operation;
  • propose amendments to the existing Public Service Contract (“PSC”) and assist the Company with negotiations and signing of the amended PSC with the City.
Terms of Reference for the Assignment are available from this link .
 
Status of Selection Process: Interested firms or group of firms are hereby invited to submit expressions of interest.
 
Assignment Start Date and Duration: The Assignment is expected to start in Q3 2015 and has an estimated overall duration of 12 months.
 
Cost Estimate for the Assignment: EUR 200,000 (exclusive of VAT).
The Consultant must determine whether any indirect taxes/VAT are chargeable on the proposed services and state the basis for such. If any indirect taxes/VAT are payable, the Client will have to pay indirect taxes/VAT element to the services directly to the Consultant unless otherwise agreed.
 
Funding Source: It is expected that the contract will be financed through the EBRD’s donor funded Technical Cooperation Funds Programme.
 
Eligibility: There are no eligibility restrictions.
 
Consultant Profile: Corporate services are required. The Consultant will be a firm or a group of firms with preferably previous project experience in delivering financial and operational performance improvement consultancy services to transport companies responsible for provision of ground services.
 
The Consultant should ensure that the appropriately qualified experts are available, as required, for each of the different tasks outlined above. It is expected that the Assignment will be led by an appropriately qualified project manager, accompanied by both key and supporting experts (the “Experts”). It is expected that the team will include a resident team leader, who will spend a significant portion of the Assignment working on site.
 
The Consultant’s team is expected to include the following disciplines:
  1. project management;
  2. financial and operational;
  3. public transport;
  4. management and business planning;
  5. environmental; and
  6. legal expertise with expert knowledge of Ukrainian legislation.
 
The Consultant should ensure that the appropriately qualified experts are available, as required, for each of the different tasks outlined above. It is expected that the assignment will be led by an appropriately qualified project manager, accompanied by both key and supporting experts.
 
It is expected that the team will include a team leader, who will spend a significant portion of the assignment working on site. As the key to successful outcome of the assignment is participation of the Company staff in development of the work, the required Consultant’s presence in the field is 80%.
 
It is expected, that the Consultant team will include both foreign and local experts. The Consultant team will be able to efficiently operate in Ukrainian and English.  
 
Submission Requirements: In order to determine the capability and experience of Consultants seeking to be selected, the information submitted should include the following:
 
(a) brief overview of the firm/group of firms including company profile, organisation and staffing;
 
(b) details of similar experience of firm or group of firms and related assignments undertaken in the previous five years, including information on contract value, contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided, assignment budget, percentage carried out by consultant in case of association of firms or subcontracting, main activities, objectives;
 
(c) proposed approach and methodology;
 
(d) CVs of key experts who could carry out the Assignment detailing qualifications, experience in similar assignments, particularly assignments undertaken in the previous five years, including information on contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided, assignment budget, main activities, objectives.
 
(e) Completed Contact Sheet, the template for which is available from the following web-link:
 
The expression of interest shall not exceed 20 pages (excluding CVs and contact sheet).
 
One original and two copies of the expression of interest, in English, and two copies in Ukrainian, shall be submitted to the Client in an envelope marked “EXPRESSION OF INTEREST for Kyiv City Public Transport Project – Pastrans Loan - Financial And Operational Performance Improvement Programme”, to reach Client not later than TBC. The expression of interest should also be submitted electronically.
 
A copy of the expression of interest in English and Ukrainian should also be submitted electronically to the EBRD’s contact person by the same due date.
 
The Client Contact Person:
 
Andrii Davydovych, Head of Finance and Economic Department
KyivPasTrans, CE
2 Naberezhne Highway, 04070 Kyiv, Ukraine
Tel: + 380 44 254 6614
Fax: + 380 44 270 6398
 
The EBRD Contact Person:
 
Larissa Gosling
European Bank for Reconstruction and Development
One Exchange Square
London EC2A 2JN
Tel: + 44 20 7338 6338
Fax: +44 20 7338 7451
 
Important Notes:
 
1. The selection will normally be made from responses to this notification only. Consultants will not be asked to submit a proposal. The highest-ranked Consultant will be selected from a shortlist and be invited to negotiate the contract, subject to availability of funding.
 
2. Shortlisting criteria and respective weightings are:
    1. Firm’s experience in similar assignments in the urban transport sector  -  25%
    2. Firm’s experience of working in Ukraine and the region - 15%
    3. Proposed approach and methodology – 10%
    1. CVs of key experts with relevant experience as per the Consultant Profile section:
    • Key Expert 1: Project Manager – 15%
    • Key Expert 2: Financial Expert – 15%
    • Key Expert 3: Public Transport Expert - 15%
    • Other Key Experts – 5%
 

Kyiv City Public Transport Project – Metro Loan - Financial And Operational Performance Improvement Programme

 | Published May 29, 2015  -  Deadline June 26, 2015
cpvs

CLARIFICATIONS ISSUED ON 5 JUNE 2015: (i) the Terms of Reference are available through the link provided below (ii) interested consultants are invited to propose their approach and methodology to the assignment; (iii) shortlisting criteria and respective weightings are revised (see Important Note 2)
 
Executing Agency (Client): Kyiv Metropolitan
 
Project Description: 
 
The City of Kyiv (the “City” or “Kyiv”) with the population of 2.8 million people is the capital of Ukraine and is a financial, commercial, political, scientific and cultural centre. The City is currently receiving financing from the European Bank for Reconstruction and Development (“EBRD” or the “Bank”) for the Kyiv City Public Transport project (the “Project”). The Project includes loans to three municipal public transport companies in aggregate amount of EUR 115 million, secured by the guarantee from the City: (i) EUR 60 million loan to KyivPastrans to procure new buses and trolleybuses; (ii) EUR 40 million loan to KyivMetro to procure new metro wagons and (iii) EUR 15 million loan to KyivDorservice to finance traffic management solutions in the City. The KyivMetro project is completed while KyivPastrans and KyivDorservice are in implementation stage.
 
Circa 1.078 million passengers per annum are carried by the public transport systems in the City. Metro services are the backbone of the public transport system carrying about 47 per cent of all public transport demand. Trams and trolleybuses carry 390 million passengers, while buses carry 179 million passengers. The public transportation network was planned with the objective of finding a balance between available budgets for essential mobility needs, and ensuring high capacity service on the core corridors. The system includes 3 metro lines, 20 tram routes, 38 trolleybus routes, and 140 bus and minibus routes. Most of the minibus routes are operated by private operators. There is currently no functional integrated electronic ticketing system in place.
 
The City coordinates transport service supply through licensing and tariff setting and monitors the provision of services through a Central Dispatching Service. Urban transportation services are the responsibility of the City’s Transport Department for Public Services. 
 
The Metro as well as tram and trolleybus services will remain an essential service for inhabitants with lower income and those eligible for concessionary fares. Kyiv Metro and Kyiv Pastrans are expected to retain their market share and the role as the backbone of the transport system, providing frequent and relatively higher capacity services at more affordable prices.
 
Kyiv Metropolitan, a public transport company wholly-owned by the City of Kyiv, (the “Company”) is responsible for the provision of underground services. The underground infrastructure includes 3 lines (67.6 km long) with 52 stations, 122 escalators, three depots and 824 metro wagons. The Company employs around 7,645 people.
 
The Kyiv City Council sets tariffs for public transport services (until last year with approval at the Ministry of Infrastructure level, a practice that has now been discontinued). The tariffs were increased 2 times starting from February 2015. A single flat-rate metro ticket costs UAH 4 (EUR 0.16) significantly below prices of either Warsaw (EUR 1.05) or Sofia (EUR 0.51). A single flat-rate tariff for public on the ground transportation has also been increased 2 times to UAH 3 (EUR 0.13) which is also significantly below the European levels. The concessionary passenger fares are funded from the State and Municipal budget (with delays and insufficiently). students are co-funded by the municipal budget covering 50 per cent of the full price.
 
The Company is currently developing a reorganisation plan focused on key service delivery indictors and efficiencies.  The Bank’s financing is focusing on renewal of the rolling stock but is conditioned upon the reorganisation plan being timely implemented and as part of the project, the Company will have to improve its corporate governance, maintain financial ratios and other covenants of the legal agreements.
 
Assignment Description: 
 
The Company wishes to engage a Consultant (the “Consultant”) to help develop and implement the reorganisation aimed at improving efficiency and financial sustainability of its operations.
 
The Consultant shall assist the Company in improving its commercial standing, service and environmental performance by helping to identify and implement the necessary corporate, financial and operational improvements required to meet the related covenants included in the EBRD finance documents and to implement the reorganisation. This will be achieved via the development and implementation of the FOPIP and of a detailed strategy to roll out the reorganisation. The Consultant shall also assist the Company in implementing the reorganisation and to develop short and medium-term focused corporate development plans and to improve their corporate planning capacity to assist their ongoing transition towards becoming self-sustaining entities and commercial operations.
 
The selected Consultant is expected to perform the following tasks:
  • assist the Company in identifying and implementing the necessary corporate, financial and operational improvements, including the Reorganisation, to meet the related covenants included in the EBRD finance documents. This will be achieved via the development and implementation of a Financial and Operational Performance Improvement Programme (“FOPIP”);
  • assist the Company in developing and implementing a short to medium term focused Corporate Development Plan (“CDP”) and corporate planning process, so it may continue its transition towards an entirely commercial operation;
  • propose amendments to the existing Public Service Contract (“PSC”) and assist the Company with negotiations and signing of the amended PSC with the City.
Terms of Reference for the Assignment are available from this link.
 
Status of Selection Process: Interested firms or group of firms are hereby invited to submit expressions of interest.
 
Assignment Start Date and Duration: The Assignment is expected to start in Q3 2015 and has an estimated overall duration of 12 months.
 
Maximum Budget available for the Assignment: EUR 200,000 (exclusive of VAT).
The Consultant must determine whether any indirect taxes/VAT are chargeable on the proposed services and state the basis for such. If any indirect taxes/VAT are payable, the Client will have to pay indirect taxes/VAT element to the services directly to the Consultant unless otherwise agreed.
 
Funding Source: It is expected that the contract will be financed through the EBRD’s donor funded Technical Cooperation Funds Programme.
 
Eligibility: There are no eligibility restrictions.
 
Consultant Profile: Corporate services are required. The Consultant will be a firm or a group of firms with preferably previous project experience in delivering financial and operational performance improvement programmes to transport companies responsible for provision of underground services.
 
The Consultant should ensure that the appropriately qualified experts are available, as required, for each of the different tasks outlined above. It is expected that the Assignment will be led by an appropriately qualified project manager, accompanied by both key and supporting experts (the “Experts”). It is expected that the team will include a resident team leader, who will spend a significant portion of the Assignment working on site.
 
The Consultant’s team is expected to include the following disciplines:
  1. project management;
  2. financial and operational;
  3. public transport;
  4. management and business planning;
  5. environmental; and
  6. legal expertise with expert knowledge of Ukrainian legislation.
As the key to successful outcome of the assignment is participation of the Company staff in development of the work, the required Consultant’s presence in the field is 80%.
 
It is expected, that the Consultant team will include both foreign and local experts. The Consultant team will be able to efficiently operate in Ukrainian and English.  
 
Submission Requirements: In order to determine the capability and experience of Consultants seeking to be selected, the information submitted should include the following:
 
(a) brief overview of the firm/group of firms including company profile, organisation and staffing;
 
(b) details of similar experience of firm or group of firms and related assignments undertaken in the previous five years, including information on contract value, contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided, assignment budget, percentage carried out by consultant in case of association of firms or subcontracting, main activities, objectives;
 
(c) proposed approach and methodology;
 
(d) CVs of key experts who could carry out the Assignment detailing qualifications, experience in similar assignments, particularly assignments undertaken in the previous five years, including information on contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided, assignment budget, main activities, objectives.
 
(e) Completed Contact Sheet, the template for which is available from the following web-link:
 
 
The expression of interest shall not exceed 20 pages (excluding CVs and contact sheet).
 
One original and two copies, in English, and two copies of the expression of interest in Ukrainian, shall be submitted to the Client in an envelope marked “EXPRESSION OF INTEREST for Kyiv City Public Transport Project – Metro Loan - Financial And Operational Performance Improvement Programme”, to reach Client not later than TBC. The expression of interest should also be submitted electronically.
 
A copy of the expression of interest in English and Ukrainian should also be submitted electronically to the EBRD’s contact person by the same due date.
 
The Client Contact Person:
 
Maksim Demchenko, Director of the Department of Economy and Labour
Communal enterprise “Kyivskiy metropolitan”
03056, Kyiv, prospekt Peremohy, 35
Tel: +38 044 238 44 09
Fax: +38 044 238 50 17
 
The EBRD Contact Person:
 
Larissa Gosling
European Bank for Reconstruction and Development
One Exchange Square
London EC2A 2JN
Tel: + 44 20 7338 6338
Fax: +44 20 7338 7451
 
Important Notes:
 
1. The selection will normally be made from responses to this notification only. Consultants will not be asked to submit a proposal. The highest-ranked Consultant will be selected from a shortlist and be invited to negotiate the contract, subject to availability of funding.
 
2. Shortlisting criteria and respective weightings are:
    1. Firm’s experience in similar assignments in the urban transport sector  - 25%
    2. Firm’s experience of working in Ukraine and the region - 15%
    3. Proposed approach and methodology – 10%
    4. CVs of key experts with relevant experience as per the Consultant Profile Section:
    • Key Expert 1: Project Manager – 15%
    • Key Expert 2: Financial Expert – 15%
    • Key Expert 3: Public Transport Expert - 15%
    • Other Key Experts– 5%
 

Single Donor/Hybrid Trust Fund - Ukraine - P151927

 | Published March 9, 2016
Winner
Individual Consultant
cpvs

Small Contracts Award (dir,cqs,indv,sss) Small Contract Award Notice Ukraine Project: P151927 - Advisory services and technicalassistance to Naftogaz and the Government of Ukraine on the reform of the natural gas sector Report Period: 21-Oct-2015 - 08-Mar-2016 Awarded Firm/Indv. :Individual Consultant Country: Ukraine Contract Signature Date: 26-Feb-2016 Method of Procurement: INDV- Individual Price: UAH 945,000.00 Duration: 8.00 Month(s) Summary Scope of Contract: All necessary translation and interpretation including the documents inEnglish/Ukrainian or Russian(technical documents,design and issues related to environment and social, procurement, financial an

Lviv District Heating Project

 | Published May 26, 2015  -  Deadline July 10, 2015
cpvs

Replacement of Transmission Lines This Invitation for Tenders follows the General Procurement Notice Ref 7774-GPN-39300 for this project which was published on the EBRD web site, Procurement Opportunities, on the 18/12/2014. The Lviv City Communal Enterprise “LVIVTEPLOENERGO”, the Employer, has received a loan from the European Bank for Reconstruction and Development (the Bank) towards the cost of the Lviv District Heating Rehabilitation Project. The Employer now invites sealed tenders from Contractors for the following contract to be funded from part of the proceeds of the loan: Replacement of Transmission Lines Pipe Section No. Address Direction (HC) DN, mm L, m 1 Drahana Str. HC 1103/14 ÷ HC 1103/18 500 395 2 Luhanska Str. HC 728 - 20 m ÷ HC 734/16 500 500 3 Naukova Str. HC 603 ÷ HC 606 500 220 4 Naukova Str. HC 606 ÷ HC 611 500 670 Total 1,785 Intended time for the completion of the works is 15 October 2015. To be qualified for the award of a contract, tenderers must satisfy the following minimum criteria: 1. Historical non-performance. A consistent history of historical non-performance and/or litigation awards against the tenderer or any partner of a joint venture may result in rejection of the tender. 2. Financial situation. 2.1. Historical financial performance The audited balance sheets for the last three years shall be submitted and must demonstrate the soundness of the tenderer’s financial position, showing long-term profitability. Where necessary, the Purchaser will make inquiries with the tenderer's bankers. 2.2. Average annual turnover. Average annual turnover as a single Contractor, or combined average annual turnover as a joint venture, consortium, or association over the last three years of EUR 2.5 million equivalent as calculated at the date of publishing the Invitation for Tenders on the Bank’s website. 2.3. Financial resources. The tenderer (single entity, joint venture, consortium or association) shall demonstrate that it has access to, or has available, liquid assets, unencumbered real assets, lines of credit, and other financial means sufficient to meet the production cash flow for the contract estimated as not less than EUR 0.4 million equivalent (as calculated at the date of publishing the Invitation for Tenders on the Bank’s website) per three months, taking into account the tenderer's commitments for other contracts. 3. Experience. Experience as Contractor, in at least three contracts within the last five years, each with a value of at least 50% of the estimated cost of the contract, that have been successfully and substantially completed and that are similar to the proposed one. The similarity shall be based on the physical size, complexity, methods/technology, or other characteristics as described in Volume III, The Requirements. 4. Personnel. The tenderer shall provide suitably qualified personnel to fill particularly the positions listed in table 2.2 “Personnel” of the Section III: Evaluation and Qualification Criteria. 5. Equipment. The Tenderer shall possess and have guaranteed access to (lease and rental tools, purchase agreements, availability of technical equipment or other facilities) the major items of equipment in full operating condition as listed in table 2.3 “Equipmnet” of the Section III: Evaluation and Qualification Criteria., and shall demonstrate that, given the commitment assumed, they will be available for works to be performed under this Contract. The Tenderer can also specify alternative equipment which they prefer to propose for this Contract, along with an explanation of their tender. 6. Licences (Permits). The Tenderer and their staff shall have available and be able to demonstrate to the Employer, prior to the Contract signature, all necessary construction permits and licenses required by the legislation of Ukraine. If such licenses and permits are available at the moment of tender submission, their copies shall be provided. All such licenses and permits shall remain in force throughout the Contract period. 7. Joint ventures. Joint ventures, consortia or association (JVCA) must satisfy the following minimum qualification requirements: The leading partner shall meet not less than 80 percent of all the qualifying criteria for turnover and financial position specified above; The other partners shall meet not less than 20 percent of all the qualifying criteria for turnover and financial position specified above; JVCA must satisfy collectively the criteria related to personnel, average annual turnover and financial position specified above. Tendering for contracts to be financed with the proceeds of a loan from the Bank is open to firms from all countries. The proceeds of the Bank’s loan will not be used for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import is prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations. Tender documents may be obtained from the office at the address below upon payment of a non-refundable fee of EUR 200 equivalent which should be paid to the Lviv City Communal Enterprise “LVIVTEPLOENERGO”: for payments from abroad: account No. 26009012543501 at PJSC “ALFA-BANK”, Kyiv, Ukraine SWIFT code: ALFAUAUK correspondent bank: account No. 400886465400 Commerzbank AG, Frankfurt am Main, Germany SWIFT: COBADEFF for local payments: account No. 26009012543501 at PJSC “ALFA-BANK” Upon receiving appropriate evidence of payment of the non-refundable fee, the documents will be promptly dispatched by courier; however, no liability can be accepted for loss or late delivery. If requested, the documents can also be dispatched electronically after the presentation by the prospective tenderer of appropriate evidence of payment of the non-refundable fee. In the event of discrepancy between electronic and hard copies of the documents, the hard copy shall prevail. All tenders must be accompanied by a Tender Security of EUR 25,000, and must be delivered to the address below on or before 10/07/2015, at 14:00 local time, at which time they will be opened in the presence of the tenderers’ representatives who wish to attend. Further information may be obtained, , the tender documents may be inspected and acquired , and a register of potential tenderers who have purchased the tender documents may be viewed at the following office: Ms. Stepaniya Hnatchuk Lvivteploenerho 1 Danyla Apostola Str. 79040 Lviv Ukraine Tel.: +38 (032) 267 31 31 Fax: +38 (032) 297 07 43 e-mail: office_lte@lte.lviv.ua

Lviv Public Transport Financing Project

 | Published June 5, 2015  -  Deadline July 20, 2015
cpvs

Construction of traction substation No. 17 with cable power supply network for trolley and tram line to Sykhiv residential area in Lviv This Invitation for Tenders follows the General Procurement Notice Ref. 6116-GPN-39299 for this Project which was originally published on the EBRD Web Site, Procurement Opportunities on 26 April 2010 and most recently updated on 13 May 2015. Lviv Municipal Enterprise "Lvivelecktrotrans", hereinafter referred to as “the Employer”, intends using part of the proceeds of a loan from the European Bank for Reconstruction and Development (“the Bank”) towards the cost of a project to undertake rehabilitate public transport system in the City of Lviv.. The Employer now invites sealed tenders from contractors for the following contracts to be funded from part of the proceeds of the loan: Construction of traction substation No. 17 with cable power supply network for trolley and tram line to Sykhiv residential area in Lviv: Supply, installation, testing and commissioning of all substation equipment, construction of 6kV and 600V cable lines, telecommunication lines, Site infrastructure works and access facilities. Tendering for contracts to be financed with the proceeds of a loan from the Bank is open to firms from any country. To be qualified for the award of the contract, tenderers must have the relevant licenses in accordance to the Ukrainian Regulation. If the Contractor does not have the license for the execution of some kinds of works it is possible to hire a Subcontractor that has the appropriate licence. To be qualified, a Tenderer must demonstrate to the Employer that it substantially satisfies the requirements regarding experience, personnel, equipment, financial position and litigation history, specified below: Historical contract non-performance. The Tenderer shall provide accurate information on any current or past litigation or arbitration resulting from contracts completed or under execution by him over the last five years. A consistent history of awards against the Tenderer or any partner of a joint venture may result in rejection of the tender. Financial Situation 2.1. Historical financial performance The audited balance sheets for the last three (3) years shall be submitted and must demonstrate the soundness of the Tenderer's financial position, showing long-term profitability. Where necessary, the Employer will make inquiries with the Tenderer's bankers. 2.2. Average annual turnover Average annual turnover as prime contractor (defined as billing for works in progress and completed) over the last four (4) years of Euro four (4) million equivalent. 2.3. Financial resources The Tenderer shall demonstrate that it has access to, or has available, liquid assets, unencumbered real assets, lines of credit, and other financial means sufficient to meet the construction cash flow for the contract for a period of 6 months, estimated as not less than Euro 2’000’000 equivalent, taking into account the Tenderer's commitments for other contracts. Experience. The Tenderer shall meet the following minimum criteria: General experience: successful experience as prime contractor in the execution of at least three projects of a nature and complexity comparable to the proposed contract that have been successfully and substantially completed within the last five (5) years. The similarity shall be based on the physical size, complexity, methods/technology or other characteristics as described in Volume III, The Requirements. (b) Specific experience: (i) Proven experience in supply, installation and commissioning of traction substations for urban public transport, in Ukraine or in any former CIS country other than the Tenderer’s country of origin. (ii) The Tenderer is also required to demonstrate that it has previously performed those similar activities at paces comparable to the pace required to implement the project. Personnel Capabilities. The Tenderer shall provide suitably qualified personnel to fill the following positions. For each position the Tenderer will supply information (in Form 5), each of whom should meet the experience requirements specified below: Position Total experience (years) In similar works (years) As manager of similar works (years) Project Manager 10 5 5 Main Engineer 10 7 5 Civil Engineer 7 5 3 Electrical engineer (Middle Voltage) 7 5 3 Electrical engineer (Traction/Low Voltage) 7 5 3 Quality Control Manager 5 4 3 Commissioning and tests engineer 5 4 3 Minimum Staff Personnel requirement numbers: Position Number of staff Project Manager 1 Main Engineer 1 Civil Engineer 1 Electrical engineer (Middle Voltage) 1 Electrical engineer (Traction/Low Voltage) 1 Quality Control Manager 1 Commissioning and tests engineer 1 Equipment Capabilities. The Tenderer shall own, or have assured access to (through hire, lease, purchase agreement, availability of manufacturing equipment, or other means), the following key items of equipment in full working order, and must demonstrate that, based on known commitments, they will be available for use in the proposed contract. The Tenderer may also list alternative equipment that he would propose to use for the contract, together with an explanation of the proposal. # Equipment type Minimum characteristics Minimum number required 1 Single-scoop diesel excavator with suspension system Scoop capacity – 0.6 m3 1 2 Single-scoop diesel excavators with suspension system Scoop capacity – 0.25 m3 2 3 Vehicle-mounted crane Load carrying capacity -25 t 1 4 Vibratory pile driver Standard frequency 1 5 Drilling Rig for piles Depth not more than 20 m 1 6 Pervibrator Gasoline or electric 1 7 Concrete pump Delivery to 10 m3/hour 1 8 Welding machine Nominal current 250-400А 1 9 Dumper Trucks Load carrying capacity -20 t 2 10 Grader Capacity 100kW 1 11 Hand compactor 25kg 2 12 Surface-launched drilling rig Length not more than 30 m 1 Joint ventures must satisfy the following minimum qualification requirements: (a) The lead partner shall meet not less than 60 percent of all the qualifying criteria for general experience and financial position specified above. (b) The other partners shall meet not less than 40 percent of all the qualifying criteria for general experience and financial position specified above. The joint venture must satisfy collectively the criteria for personnel and equipment capabilities and financial position stated above, for which purpose the relevant figures for each of the partners shall be added to arrive at the joint venture's total capacity. Individual members must each satisfy the requirements for audited balance sheets and litigation. Tender documents may be obtained from the office at the address below upon payment of a non-refundable fee of Euro 200 equivalent, which should be paid to Lviv Municipal Enterprise "Lvivelecktrotrans" : For tenderers from abroad: (IBAN) 2600500013736 at Branch of the Public Joint Stock Company “State Export-Import Bank of Ukraine” in Lviv 4 A. Mitskevytch square, 79000 Lviv, Ukraine; SWIFT Code – EXBSUAUXLVI; Correspondent bank: DEUTSCHE BANK AG, Frankfurt am Main SWIFT Code – DEUTDEFF, Correspondent account – 949876710; For tenderers from Ukraine: Account N°: 2600500013736 at Branch of the Public Joint Stock Company “State Export-Import Bank of Ukraine” in Lviv, code 325718 Tendering for contracts to be financed with the proceeds of a loan from the Bank is open to firms from all countries. The proceeds of the Bank’s loan will not be used for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import is prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations. If requested, the documents will be promptly dispatched by courier and, in addition, electronically via e-mail but no liability can be accepted for loss or late delivery. All tenders must be accompanied by a tender security of Euro 30,000 or its equivalent in a convertible currency. Tenders must be delivered to the office at the address below on or before 20.07.2015 at 15:00 (Lviv local time), at 15:30 hrs p.m. will be opened in the presence of those tenderers’ representatives who choose to attend. A register of potential tenderers who have purchased the tender documents may be inspected at the address below. Prospective tenderers may obtain further information from, and inspect and acquire the tender documents at, the following office: Lviv Municipal Enterprise «Lvivelecktrotrans» 2, Sakharova Str., Lviv 79012, Ukraine Contact person: Ms. Iryna Ivanyshyn, Tel: +38 (032) 238 68 51 +38 (032) 238 68 50 Fax: +38 (032) 238 28 45 e-mail: ivanyshyn.i@ukr.net

Ukraine Lviv Wastewater Biogas Project – CDP

 | Published February 16, 2016  -  Deadline March 15, 2016
cpvs

Executing Agency (Client):

LVIV CITY COMMUNAL ENTERPRISE "LVIVVODOKANAL"

The Client Contact Person:

Dmytro Vankovych
Deputy Director of Economic Affairs
79017, Ukraine, Lviv, Lviv Region , office at 64 Zelena Street

Email: vanjkovych@lvk.lviv.ua
Tel
:  +38(032)45-34-39
Mobile:+38(050)317-45-12
Fax: +38(032)76-74-07

EBRD Contact Person:

James Yoo
Associate, Technical Cooperation Advisor
European Bank for Reconstruction and Development
One Exchange Square
London EC2A 2JN
United Kingdom

E-mail: yooj@ebrd.com
Tel
: + 44 20 7338 6369
Fax: +44 20 7338 7451

Project Description: Lviv Communal Enterprise “Lvivvodokanal” (the “Client”), a municipally owned water and wastewater utility in the City of Lviv, has approached the European Bank for Reconstruction and Development (“EBRD” or the “Bank”) to provide technical assistance for its energy efficiency priority investment programme (“PIP”) aimed at producing additional electricity and heat from biogas to be collected from sludge processed by the existing wastewater treatment plants (“WWTPs”) (the “Project”). 

The overall objectives of the Project are (i) to achieve significant energy savings through use of biogas received as a result of sludge digestion process for combined production of electricity and heat; (ii) improve sustainability of the Company operations; (iii) achieve reductions in greenhouse gas emissions; (iv) reduce volume of sludge with corresponding positive effect on the environment; and (v) improve quality of wastewater going through Poland to the Baltic Sea basin.

Assignment Description: As part of the Project, The Client intends to engage a consulting company (the “Consultant”) to improve its corporate governance and financial and operational performance, maintain financial ratios and other covenants, and ensure that tariffs are reviewed periodically in order to ensure full cost recovery (the “Assignment”). The Company will also sign a Public Service Agreement with the City, which will clarify the responsibilities of the City, the Company and the customers regarding the provision of water supply and sewerage services. In fulfilment of its tasks, the Consultant will closely cooperate with other consultants (including auditors and PIU consultant) working with the Company throughout the duration of the assignment.

The overall objective of this Assignment is to improve the commercial standing of the Company and enable it to implement the Project, as well as ensure that the services are equitably provided to the end-consumers and are of a high quality. To this end the Consultant is expected to provide the following services:

  • identify, discuss with the Company and with the City, and implement the necessary corporate, financial and operational improvements to meet the related covenants included in the EBRD finance documents. This will be achieved via the development and implementation of a Financial and Operational Performance Improvement Programme (“FOPIP”);
  • develop, negotiate with the City and adopt a Public Service Contract (“PSC”);
  • assist the Company with regular water and wastewater tariff calculations and submissions to the Regulator; help the Company submit investment programmes adjustments to the Regulator; 
  • develop and implement a medium to long term Corporate Development Plan (“CDP”) and corporate planning process, so it may continue its transition towards an entirely commercial entity;
  • analyse the impact of planned tariff increases on the end-consumers, with a particular focus on vulnerable groups, and develop guidelines for the municipality for the mitigation of any negative impacts;
  • Prepare a training needs analysis in collaboration with the Client and design and deliver a training programme to improve the capacity of client staff in key areas; and
  • Develop a Stakeholder Engagement Plan including a communication strategy tailored to different groups of end consumers.

Status of Selection Process: Interested firms or group of firms are hereby invited to submit expressions of interest.

Assignment Start Date and Duration: The Assignment is expected to start in Q2 2016 and has an estimated overall duration of 24 months.

Cost Estimate for the Assignment: EUR 230,000 (exclusive of VAT).

The Consultant must determine whether any indirect taxes/VAT are chargeable on the proposed services and state the basis for such. If any indirect taxes/VAT are payable, the Client will have to pay indirect taxes/VAT element to the services directly to the Consultant unless otherwise agreed.

Funding Source: It is anticipated that the contract will be financed by the Sida-EBRD Ukraine Energy Efficiency and Environment Consultant Cooperation Fund (SWUK). Selection and contracting is subject to the availability of funding.

Eligibility: There are no eligibility restrictions.  

Consultant Profile: Corporate services are required. The Consultant will be a firm or a group of firms with preferably previous project experience in corporate development programmes (including financial and operational development programmes) preferably in the municipal water and wastewater sector and in biogas projects similar in scope, nature and complexity in Ukraine and/or other CIS countries.

The budget for the Assignment is limited and although it is anticipated that the Consultant’s team shall include the following expertise with short-term support as required in other disciplines, the Consultant will need to provide the optimum work schedule for its staff to ensure sufficient resources are in place on site to manage the contracts. For this reason office backstopping should be kept to a minimum. The Consultant’s team should consist of at least the following key experts:

  • Key Expert No 1: Team Leader/Water and Wastewater Expert with preferably 10 years of professional experience in the municipal water and wastewater sector for the design and management of corporate development programmes;
  • Key Expert No 2: Water and Wastewater Institutional and Regulatory Expert with preferably 5 years professional experience in regulation preferably in the municipal water and wastewater projects and expertise in biogas;
  • Key Expert No 3: Financial Specialist with preferably 5 years professional experience or more in finance, preparing and implementing FOPIPs and International Financial Reporting Standards (IFRS) reporting;
  • Key Expert No 4: Environmental and Social Specialist with preferably 5 years professional experience or more in gender and expertise in environmental and social standards for municipal wastewater projects;
  • Key Expert No 5: Legal Expert with preferably five years of relevant professional experience in Ukrainian legislation concerning financial and accounting issues;
  • Key Expert No 6: Local Experts (including, inter alia, an expert with experience in local tariff regulation in the water and wastewater sector) with preferably 5 years of relevant professional experience and fluency in Ukrainian.

Submission Requirements: In order to determine the capability and experience of Consultants seeking to be shortlisted, the information submitted should include the following:

1. Company/group of firms’ profile, organisation and staffing (max. 2-4 pages).

2. Details of previous project experience or similar assignments particularly undertaken in the previous five years, including information on contract value, contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided (if different from duration) , main activities, objectives.

3. CVs of key experts who could carry out the Assignment detailing qualifications, experience in similar assignments, particularly assignments undertaken in the previous five years, including information on contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided, assignment budget, main activities, objectives.

4. Completed Consultant Declaration Form and Contact Sheet, the template for which is available from the following web-link:

http://www.ebrd.com/pages/workingwithus/procurement/notices/csu/contact_sheet.doc.

The expression of interest shall not exceed 20 pages (excluding CVs Consultant Declaration and Contact Sheet).

An electronic copy of the expression of interest, in English and Ukrainian, should be submitted to the Client by email marked “EXPESSION OF INTEREST for Lviv Wastewater Biogas Project – Corporate Development Support Programme”, to reach Client not later than at 10:00 (Ukrainian time) on the above mentioned due date. One further electronic copy of the Expression of Interest should be submitted to the EBRD’s contact person by email and by the same due date.

Important Notes:

1. The selection will normally be made from responses to this notification only. Consultants will not be asked to submit a proposal. The highest-ranked Consultant will be selected from a shortlist and be invited to negotiate the contract, subject to availability of funding.

2. The shortlist criteria are as follows:(a) Firm’s previous project experience in corporate development programmes (including financial and operational development programmes)  in the municipal wastewater sector and in biogas projects similar in scope, nature and complexity (35%);

(b) Firm’s previous project experience in Ukraine and/or CIS countries (15%);

(c) CV of Key Experts (Project Manager, Institutional and Regulatory Expert, Financial expert, Environmental and Social Expert, Legal Expert) (50%).

Ternopil District Heating Modernisation Project

 | Published July 9, 2015  -  Deadline August 26, 2015
cpvs

Replacement of large Distribution Pumps THIS IS AN UPDATE OF THE ORIGINAL NOTICE. PLEASE NOTE AMENDED PAYMENT INSTRUCTIONS FOR UKRAINIAN TENDERERS AND PRE-TENDER MEETING INFORMATION This Invitation for Tenders (IFT) follows the General Procurement Notice Ref 7689-GPN-42524 for this Project, which was published in Procurement Opportunities, 4th September 2014. Communal Enterprise “Ternopilmiskteplokomunenergo” of the Ternopil City Council (the Employer), has received a loan from the European Bank for Reconstruction and Development (the Bank) towards the cost of the Ternopil District Heating Modernisation Project. The Employer now invites sealed tenders from suppliers / contractors for the following contracts to be funded from the proceeds of the loan: Replacement of large distribution pumps in Kyivska and Kupchinskogo boiler houses. The distribution pumps replacement with frequency converters is intended to increase power energy efficiency. To be qualified for tendering for the Contract, the tenderer must demonstrate to the Employer that it substantially satisfies the requirements regarding experience, personnel, financial position and litigation history, specified below: The tenderer shall have an average annual turnover (defined as annual earnings, expressed in its equivalent of a defined currency) as a contractor over the last 5 (five) years of EURO 1,200,000 equivalent. The tenderer shall demonstrate the successful experience as a contractor (prime or subcontractor) in the execution of at least 5 (five) contracts of a magnitude comparable to the proposed contract within the last 5 (five) years. For assessment purposes the values of the referred contracts shall be not less than the equivalent of EURO 650,000. At least 2 (two) of these contract shall be for supply and installation of distribution pumps with minimal nominal unit power of 75 kW for district heating or water supply. The tenderer shall demonstrate the following specific operations and works experience: Design works for supply and installation of pumps for district heating and/or water supply. The Tenderers are permitted to claim the experience of their specialised sub-contractors. The tenderer shall provide suitably qualified personnel for the contract: Contractor’s Representative, Chief Designer and Construction Manager (each of them with 10 years of total work experience with 10 years in similar works and 5 years in similar position). The tenderer shall demonstrate that it has access to, or has available, liquid assets, unencumbered real assets, lines of credit, and other financial means sufficient to meet the construction cash flow for the contract for a period of 4 months, estimated as not less than EURO 500,000 equivalent, taking into account the tenderer's commitments in other contracts. The submitted annual financial statements for the 3 (three) years must demonstrate the soundness of the tenderer's financial position, showing long term profitability. Consistent losses or a risk of insolvency shown in the accounts may be cause for the disqualification of the tenderer. The tenderer must provide information of a consistent history of litigation and/or arbitration awards against the tenderer or any partner of a joint venture or their non-performance under the contracts may result in failure of the qualification and reject of the tender. Moreover, if a tenderer is formally debarred from contracting activities by the Bank, and the Employer may not enter into a contract with such tenderer, the Employer may reject the tender. The tenderer shall have the above mentioned resources free of ongoing obligations and/or pending contract awards. The tenderer shall provide information on the on-going contractual obligations and pending contract awards. In case if the tenderer is a JVCA, he must satisfy the following minimum qualification requirements: The joint venture or consortium must satisfy collectively all the above mentioned qualification criteria, for which purpose the relevant figures for each of the partners shall be added to arrive at the joint venture's or consortium’s total capacity. Each partner shall meet not less than 25 percent, and a lead partner shall meet not less than 40 percent of all the qualifying criteria for the turnover and the availability of the financial means as per the criteria specified under general experience and financial position above. Each partner shall satisfy the requirements with regard to the soundness of the financial position and non-performance history, specified above. The lead partner of the joint venture or consortium shall demonstrate that this partner acted as a main contractor on project(s) of similar magnitude. The tenderer may also be requested to provide additional critical information, or clarification with regard to the tenderer’s questionable ability to undertake the proposed works due to the significant current commitments or the pending award of other significant contracts. In case, where the tenderers plan to use specific manufacturers and/or subcontractors for major and/or specialised items of supply or works and services, the tenderers shall specify the names and qualifications of such specific manufacturers and subcontractors. These major items of supply or works and services are those in excess of 20 percent of the estimated value of the works/supply and/or any of the specific operations and works, listed in the last paragraph of the Tender Data 3.2.2, Specific Experience, above. To be qualified for award of the Contract, the tenderer must demonstrate to the Employer that the subcontractors proposed by them for the above mentioned items of works and services substantially satisfy the requirements regarding specific experience: The Tenderer or its local service agent shall be able to carry out the maintenance, warranty, repair and spare parts stocking obligations prescribed in these Tender documents for the period of 2 years. Tendering for contracts to be financed with the proceeds of a loan from the Bank is open to firms from all countries. The proceeds of the Bank’s loan will not be used for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import is prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations. Tender documents may be obtained from the address below upon payment of a non-refundable fee of EUR 200.00 or equivalent in a convertible currency: For Ukrainian tenderers, upon payment of the mentioned amount in UAH (Ukrainian Hryvna) at National Bank of Ukraine rate on the day of payment to the account: Acc.26002000126435/980 State Export Import Bank of Ukraine, Ternopil branch, Ukraine, МФО 338879 ОКПО 14034534 For the foreign Tenderers, upon payment of the mentioned amount to the account: Acc.26002000126435/978 State Export Import Bank of Ukraine, Ternopil branch, Ukraine, SWIFT: EXBS UA UXTER, cor/acc.9498767 10 DEUTSCHE BANK AG, Frankfurt am Main, SWIFT: DEUT DE FF Upon request with payment, the documents will be promptly despatched by courier, but no liability can be accepted for loss or late delivery. At same time, the soft copy in PDF format will be submitted to the tenderer. In case of any discrepancies between hard copy and soft copy, the former must prevail. All tenders must be accompanied by a Tender Security of EURO 20,000 or its equivalent in a convertible currency or in Ukrainian Hryvna at the selling exchange rate established by the National Bank of Ukraine for similar transactions on 28 days prior to the deadline specified for the submission of tenders, and must be delivered to the address below on or before 11:00 on August, 26, 2015, at which time they will be opened in the presence of the tenderers’ representatives who wish to attend. The late tenders will be returned unopened. A pre-tender meeting / site visit will be held on July 28, 2015, starting at 10:00 at the address: 16 Franka Street, Ternopil, Ukraine. Prospective tenderers may obtain further information from, and inspect and acquire the tender documents and a register of potential tenderers who have purchased already the tender documents at the following office: Mr Bohdan Myskiv, Deputy Director “Ternopilmiskteplokomunenergo” of Ternopil City Council 16 Franka Street, Ternopil, Ukraine, 46001 Phone: +380 50 437 3006 Fax: +380 352 52 75 93 E-mail: bohdan.myskiv@gmail.com Email address: pta-teplo@tr.ukrtel.net

Lviv Public Transport Financing Project

 | Published May 26, 2015  -  Deadline July 10, 2015
cpvs

Supply of new three-section articulated tram vehicles, associated goods and related services This Invitation for Tenders follows the General Procurement Notice Ref. 6116-GPN-39299 for this Project which was originally published on the EBRD Web Site, Procurement Opportunities on 26 April 2010 and most recently updated on 13 May 2015. Lviv Municipal Enterprise “LVIVELEKTROTRANS” (the Employer), has received a loan from the European Bank for Reconstruction and Development (the Bank) towards the cost of the Lviv Public Transport Project. The Employer now invites sealed tenders from Suppliers for the following contracts to be funded from the proceeds of the loan: Supply of new three-section articulated tram vehicles, associated goods and related services as follows: The trams vehicles shall be built for 1,000mm gauge, 100% low floor, three-section, 2.3m wide and 19-25 m long with minimum passenger capacity of 160 passengers including 30 seats and 1 place for wheelchair. Base supply quantity – 5 units Optional supply (subject to budget availability) – up to 2 units Expected delivery period is 7.5 months from receipt of the advance payment. To be qualified for the award of a contract, tenderers must satisfy the following minimum criteria: 1. Historical non-performance. A consistent history of historical non-performance and/or litigation awards against the tenderer or any partner of a joint venture may result in rejection of the tender. 2. Financial situation. 2.1. Historical financial performance. The audited balance sheets for the last Three years shall be submitted and must demonstrate the soundness of the tenderer’s financial position, showing long-term profitability. Where necessary, the Purchaser will make inquiries with the tenderer's bankers. 2.2. Average annual turnover. Average annual turnover as single Supplier or combined average annual turnover as Joint venture, Consortium or Association over the last three years of EURO 7.5 million equivalent. 2.3. Financial resources. The tenderer (single entity, joint venture, consortium or association) shall demonstrate that it has access to, or has available, liquid assets, unencumbered real assets, lines of credit, and other financial means sufficient to meet the production cash flow for the contract estimated as not less than EURO 1.0 million equivalent per year, taking into account the tenderer's commitments for other contracts. 3. Experience. Experience as Contractor, in at least three contracts within the last three years, for the total value of 5M Euro equivalent, as supplier of public transport vehicles (trams, railway and metro trains), including at least two contracts of supply of tram vehicles, that have been successfully and substantially completed and are similar to the proposed one. The similarity shall be based on the physical size, complexity, methods/technology or other characteristics as described in Volume III, Supply Requirements. A Joint Venture, Consortium or Association may be also qualified provided it satisfies the following conditions: (a) The lead partner shall meet not less than 60 percent of all the qualifying criteria for general experience and financial position specified above. (b) The other partners shall meet not less than 40 percent of all the qualifying criteria for general experience and financial position specified above. (c) Individual members must each satisfy the requirements for audited balance sheets and litigation. Tendering for contracts to be financed with the proceeds of a loan from the Bank is open to firms from all countries. The proceeds of the Bank’s loan will not be used for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import is prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations. Tender documents may be obtained from the address below upon payment of a non-refundable fee of Euro 200 or equivalent in a convertible currency which should be paid to Lviv Municipal Enterprise ‘Lvivelektrotrans’ account at following bank details for tenderers from Ukraine and from abroad: For tenderers from abroad: (IBAN) 2600500013736 at Branch of the Public Joint Stock Company “State Export-Import Bank of Ukraine” in Lviv 4 A. Mitskevytch square, 79000 Lviv, Ukraine; SWIFT Code – EXBSUAUXLVI; intermediary bank: DEUTSCHE BANK AG, Frankfurt am Main SWIFT Code – DEUTDEFF, Correspondent account – 949876710; For tenderers from Ukraine: Account N°: 2600500013736 at Branch of the Public Joint Stock Company “State Export-Import Bank of Ukraine” in Lviv Upon request, the documents will be promptly despatched by courier, but no liability can be accepted for loss or late delivery. A two stage tender procedure will be adopted and will proceed as follows: (a) the First Stage tender will consist of a technical proposal only, without any reference to prices, and a list of any deviations to the technical and commercial conditions set forth in the tender documents or any alternative technical solutions a tenderer wishes to offer, and a justification therefore, provided always that such deviations or alternative solutions do not change the basic objectives of the project. Following evaluation by the Employer of the First Stage tenders, the Employer will invite each tenderer who meets the qualification criteria and who has submitted a technically responsive tender to a clarification meeting. The proposals of all such tenderers will be reviewed at the meeting and all required amendments, additions, deletions and other adjustments will be noted and recorded in a Memorandum. Only qualified tenderers submitting a technically responsive and acceptable First Stage tender will be invited to submit a Second Stage tender. (b) the Second Stage tender will consist of an updated technical tender incorporating all changes required by the Employer as recorded in the Memorandum to the clarification meeting or as necessary to reflect any amendments to the tender documents issued subsequent to submission of the First Stage tender; and the commercial tender. First Stage tenders must be delivered to the address below on or before 10:00 on 10 July 2015 at which time they will be opened in the presence of the tenderers’ representatives who wish to attend. All Second Stage tenders must be accompanied by a Tender Security of 75,000.00 Euro or its equivalent in a convertible currency, and must be delivered to the address below on or before the time and date of the submission deadline specified in the Letter of Invitation to submit Second Stage tenders, at which time they will be opened in the presence of the tenderers’ representatives who wish to attend. Prospective tenderers may obtain further information from, and inspect and acquire the tender documents at, the following office: Ms. Iryna Ivanyshyn Head of Project Implementation Unit Lviv Municipal Enterprise Lvivelektrotrans 2, Sakharov str. Lviv 79012 Ukraine Tel: +38 (032) 238 68 50 Fax: +38 (032) 238 28 45 E-mail: ivanyshyn.i@ukr.net

Lviv District Heating Project

 | Published January 29, 2016  -  Deadline March 22, 2016
cpvs

Supply and Installation of the Dispatching and Monitoring System

This Invitation for Tenders follows the General Procurement Notice for this project which was published on the EBRD web site, Procurement Opportunities, on 18 December 2014 and updated on 28 January 2016.

The Lviv City Communal Enterprise "LVIVTEPLOENERGO" (the Employer) has received a loan from the European Bank for Reconstruction and Development (the Bank) towards the cost of the Lviv District Heating Rehabilitation Project.

The Employer now invites sealed tenders from сontractors for the following contract to be funded from part of the proceeds of the loan:

  • Supply and Installation of the Dispatching and Monitoring System
     

Tendering for contracts to be financed with the proceeds of a loan from the Bank is open to firms from any country.

To be qualified for the award of the contract, tenderers must have the relevant licenses in accordance to the Ukrainian regulations. If the tenderer does not have the license for the execution of a particular type(s) of the required works, it is possible to attract a subcontractor that has an appropriate licence.

To be qualified, a Tenderer must demonstrate to the Employer that it substantially satisfies the requirements regarding experience, personnel, equipment, financial position and litigation history, specified below:

1. Historical Contract Non-performance. The Tenderer shall provide accurate information on any current or past litigation or arbitration resulting from contracts completed or under execution by him over the last five (5) years. A consistent history of awards against the Tenderer or any partner of a joint venture may result in rejection of the tender.

2. Financial Situation

 

2.1. Historical financial performance. The audited balance sheets for the last three (3) years shall be submitted and must demonstrate the soundness of the Tenderer's financial position, showing long-term profitability.  Where necessary, the Employer will make inquiries with the Tenderer's bankers.

2.2. Average annual turnover. Average annual turnover as prime contractor (defined as billing for works in progress and completed) over the last four (4) years of Euro three million five hundred thousand (3,500,000) equivalent.

2.3. Financial resources. The Tenderer shall demonstrate that it has access to, or has available, liquid assets, unencumbered real assets, lines of credit, and other financial means sufficient to meet the construction cash flow for the contract for a period of 6 months, estimated as not less than Euro one (1) million equivalent, taking into account the Tenderer's commitments for other contracts.

3. Experience. The Tenderer shall meet the following minimum criteria:

  1. General experience: successful experience as prime contractor in the execution of at least three (3) projects: one of a nature and complexity at least comparable to the proposed contract, the two small others representing at least 60% of its volume; all should have been successfully and substantially completed within the last five (5) years. The similarity shall be based on the physical size, complexity, methods/technology or other characteristics as described in Volume III, The Requirements.
     
  2. Specific experience:

(i)       Proven experience in the supply, installation and commissioning of two SCADA systems out of the three mentioned in point 3.a in the EU countries or countries with climatic and technical conditions similar to Ukraine.

(ii)      The Tenderer is required to demonstrate that the SCADA systems installed by the Tenderer as prime contractor have operated successfully within 3 years upon the expiration of the guarantee period.

(iii)     The Tenderer is also required to demonstrate that it has previously performed those similar activities at paces comparable to the pace required to implement the project.

4. Personnel Capabilities. The Tenderer shall provide suitably qualified personnel to fill the following positions.  For each position the Tenderer will supply information (in Form 5), each of whom should meet the experience requirements specified below:

Position – Total experience (years) – In similar works (years)

Project Manager – 10 – 5

Main Engineer – 10 – 7

SCADA engineer  – 7 – 5

Heating engineer – 5 – 3

Quality Control Manager – 5 – 4

Commissioning and tests engineer – 5 – 4

Minimum Staff Personnel requirement numbers:

Position – Number of staff

Project Manager – 1

Main Engineer – 1

SCADA engineer  – 1

Heating Engineer – 1

Quality Control Manager – 1

Commissioning and tests engineer – 1

5. Equipment Capabilities. The Tenderer shall own, or have assured access to (through hire, lease, purchase agreement, availability of manufacturing equipment, or other means), the following key items of equipment in full working order, and must demonstrate that, based on known commitments, they will be available for use in the proposed contract.

Joint ventures must satisfy the following minimum qualification requirements:

(a)      The lead partner shall meet not less than 60 percent of all the qualifying criteria for general experience and financial position specified above.

(b)      The other partners shall meet not less than 40 percent of all the qualifying criteria for general experience and financial position specified above.

The joint venture must satisfy collectively the criteria for personnel and equipment capabilities and financial position stated above, for which purpose the relevant figures for each of the partners shall be added to arrive at the joint venture's total capacity. Individual members must each satisfy the requirements for audited balance sheets and litigation.

Tender documents may be obtained from the office at the address below upon payment of a non-refundable fee of Euro 200 equivalent, which should be paid to Lviv City Communal Enterprise "LVIVTEPLOENERGO":

 

  1. or payments from abroad

PUBLIC JOINT STOCK COMPANY
JOINT STOCK BANK "UKRGASBANK"
Kyiv, Ukraine,
1 Yerevanska Str.
SWIFT: UGASUAUK
account No.: 400886433201
correspondent bank:
COMMERZBANK AG
Neue Mainzer Strasse 32-36,
60261 Frankfurt am Main, Germany
SWIFT: COBADEFF
Beneficiary: LVIV CITY COMMUNAL ENTERPRISE LVIVTEPLOENERGO
Beneficiary aссount: № 260021215883
 

  1. for local payments:
    PUBLIC JOINT STOCK COMPANY
    COMMERCIAL BANK "KHRESHCHATYK"
    Account No.: 26003001151692

 

Tendering for contracts to be financed with the proceeds of a loan from the Bank is open to firms from all countries. The proceeds of the Bank’s loan will not be used for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import is prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations.

If requested, the documents will be promptly dispatched by courier and, in addition, electronically via e-mail but no liability can be accepted for loss or late delivery.

A pre-tender meeting shall take place on 17 February 2016, at 11:00 Lviv local time at the address shown below.

All tenders must be accompanied by a tender security of Euro 15,000 or its equivalent in a convertible currency.

The tenders must be delivered to the office at the address below on or before 22 March 2016, at 13:00 local time, when they will be opened in the presence of those tenderers’ representatives who choose to attend.

A register of potential tenderers who have purchased the tender documents may be inspected at the address below.

Prospective tenderers may obtain further information from, and inspect and acquire the tender documents at the following office:

 

Ms. Stepaniya Hnatchuk
Lviv City Communal Enterprise "LVIVTEPLOENERGO"
1 Danyla Apostola Str., room 303
79040
Lviv
Ukraine
Tel.: +38 (032) 267 31 31
Fax: +38 (032) 297 07 43
e-mail: gnatchuk_stefa@lte.lviv.ua

 

Ternopil District Heating Modernisation Project

 | Published January 5, 2016  -  Deadline February 22, 2016
cpvs

SUPPLY AND INSTALLATION OF INDIVIDUAL HEATING SUBSTATIONS This Invitation for Tenders follows the General Procurement Notice for this project, which was published in Procurement Opportunities, 4th September 2014. Communal Enterprise "Ternopilmiskteplokomunenergo" of Ternopil City Council (the Employer) has received a grant from the Eastern Europe Energy Efficiency and Environmental Partnership ("E5P") administered by the European Bank for Reconstruction and Development (the Bank) and a loan from the Bank towards the cost of the Ternopil District Heating Modernisation Project. The Employer now invites sealed tenders from contractors for the following contracts to be funded from the proceeds of the grant: IFT No.: TernopilDH/IHS/02 – Supply and Installation of Individual Heating Substations in min. 182 Buildings (min. 247 Individual Heating Substations) including: Supply, installation and commissioning of new equipment in individual heating substations (IHSs) to be installed in min. 182 buildings (min. 247 IHSs) located in different areas of the City and connected to the district heating networks. The Contractor shall be responsible for developing a detailed design for the installations and obtaining necessary permits and approvals in accordance with the requirements of relevant legislation of Ukraine. A limited scope of related civil works associated with the IHS installation is also included in the Contract. To be qualified for tendering for the Contract, the tenderer must demonstrate to the Employer that it substantially satisfies the requirements regarding experience, personnel, financial position and litigation history, specified below: 1.General Experience. The tenderer shall have an average annual turnover (defined as annual earnings, expressed in its equivalent of a defined currency) as a contractor over the last 5 (five) years of EUR 2,300,000 equivalent. 2.Specific Experience. The tenderer shall demonstrate the successful experience as a contractor (prime or subcontractor) in the execution of at least 3 (three) contracts of a magnitude comparable to the proposed contract within the last 5 (five) years. For assessment purposes the values of the referred contracts shall be not less than the equivalent of EUR 2,000,000 (each contract); The tenderer or the lead partner in a Joint Venture, Consortium or Association ("JVCA") shall have acted as a main contractor on at least 1 (one) contract of a similar magnitude as described above. The tenderer shall demonstrate the successful experience as a contractor (prime or subcontractor) in the execution of at least 3 (three) contracts of a nature and complexity (supply and installation of heating equipment such as IHSs, central heat stations, heat pumps) comparable to the proposed contract within the last 5 (five) years. At least one of these three contracts shall include: design, supply, installation and commissioning of at least 50 IHSs in multi-storey apartment buildings within the period of 12 months. The tenderer or the lead partner in a JVCA shall have acted as a main contractor on at least 1 (one) contract that included design, supply and installation of IHSs in multi-storey apartment buildings as described above. 3.Personnel Capabilities. The tenderer shall provide suitably qualified personnel for the contract: Contractor’s Representative, Chief Designer and Construction Manager (each of them with 10 years of total work experience and 5 years of experience in similar works). 4. Financial Position. The tenderer shall demonstrate that it has access to, or has available, liquid assets, unencumbered real assets, lines of credit, and other financial means sufficient to meet the construction cash flow for the contract for a period of 4 months, estimated as not less than EUR 450,000 equivalent, taking into account the tenderer's commitments in other contracts. In case the tenderer uses other currency, the calculations shall be based on the exchange rate, as set by the National Bank of Ukraine on the date of publication of the Invitation for Tender. The submitted annual financial statements for the 5 (five) years must demonstrate the soundness of the tenderer's financial position, showing long term profitability. Consistent losses or a risk of insolvency shown in the accounts may be cause for the disqualification of the tenderer. The tenderer may also be requested to provide additional critical information, or clarification with regard to the tenderer’s questionable ability to undertake the proposed works due to the significant current commitments or the pending award of other significant contracts. 5. Non-performance History. The tenderer must provide information of a consistent history of litigation and/or arbitration awards against the tenderer or any partner of JVCA or their non-performance under the contracts that may result in failure of the qualification and reject of the tender. Moreover, if a tenderer is formally debarred from contracting activities by the Bank, and the Employer may not enter into a contract with such tenderer, the Employer may reject the tender. 6. Current Obligations and Pending Awards. The tenderer shall have the above mentioned resources free of ongoing obligations and/or pending contract awards. The tenderer shall provide information on the on-going contractual obligations and pending contract awards. 7. Specific Requirements with regard to JVCA. In case if the tenderer is a JVCA, he must satisfy the following minimum qualification requirements: (a) The JVCA must satisfy collectively all the above mentioned qualification criteria, for which purpose the relevant figures for each of the partners shall be added to arrive at the joint venture's total capacity. (b) Each partner shall meet not less than 25 percent, and a lead partner shall meet not less than 40 percent of all the qualifying criteria for the turnover and the availability of the financial means as per the criteria specified under General Experience and Financial Position above. (c) Each partner shall satisfy the requirements with regard to the soundness of the financial position and non-performance history, specified above. (d) The lead partner of the JVCA shall demonstrate that he acted as a main contractor on project of similar magnitude. 8. Specific Requirements with regard to Subcontractors. In case, where the tenderer plans to use specific manufacturers and/or subcontractors for major and/or specialised items or works in excess of 20 (twenty) percent of the estimated of the works/supply and/or any of the specific operations and works, the tenderer shall specify the names and qualifications of such specialist subcontractors. The tenderer shall demonstrate that proposed manufacturers and subcontractors substantially satisfy the requirements regarding specific experience, namely: successful experience as a contractor (prime or subcontractor) in the execution of at least 3 (three) contracts of a magnitude and/or nature and complexity comparable to the works/supply proposed for subcontracting within the last 5 (five) years. The Employer reserves the right to request a substitution of the proposed subcontractors, should such subcontractor be determined to be unqualified. 9. Ability to perform after-sale service and maintenance. The Tenderer or its local service agent shall be able to carry out the supplier’s maintenance, warranty, repair and spare parts stocking obligations prescribed in these Tender documents for the period of three (3) years. Tendering for contracts to be financed with the proceeds of the E5P grant is open to firms from all countries. The proceeds of the E5P grant will not be used for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import is prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations. Tender documents may be obtained from the address below upon payment of a non-refundable fee of EUR 200 or equivalent in Ukrainian Hryvnia: 1. For Ukrainian tenderers, upon payment of the mentioned amount in UAH (Hryvna of Ukraine) at National bank rate on the payment day to the account: Acc.26002000126435/980 State Export Import Bank of Ukraine, Ternopil branch, Ukraine, МФО 338879 ОКПО 14034534 2. For the foreign Tenderers, upon payment of the mentioned amount to the account: Acc.26002000126435/978 State Export Import Bank of Ukraine, Ternopil branch, Ukraine, SWIFT: EXBS UA UXTER, cor/acc.9498767 10 DEUTSCHE BANK AG, Frankfurt am Main, SWIFT: DEUT DE FF Upon request with payment, the documents will be promptly despatched by courier, but no liability can be accepted for loss or late delivery. At same time, the soft copy in PDF format will be submitted to the tenderer. In case of any discrepancies between hard copy and soft copy, the former must prevail A two stage tender procedure will be adopted and will proceed as follows: (a) the First Stage tender will consist of a technical proposal only, without any reference to prices, and a list of any deviations to the technical and commercial conditions set forth in the tender documents or any alternative technical solutions a tenderer wishes to offer, and a justification therefore, provided always that such deviations or alternative solutions do not change the basic objectives of the project. Following evaluation by the Employer of the First Stage tenders, the Employer will invite each tenderer who meets the qualification criteria and who has submitted a technically responsive tender to a clarification meeting. The proposals of all such tenderers will be reviewed at the meeting and all required amendments, additions, deletions and other adjustments will be noted and recorded in a Memorandum. Only qualified tenderers submitting a technically responsive and acceptable First Stage tender will be invited to submit a Second Stage tender. (b) the Second Stage tender will consist of an updated technical tender incorporating all changes required by the Employer as recorded in the Memorandum to the clarification meeting or as necessary to reflect any amendments to the tender documents issued subsequent to submission of the First Stage tender; and the commercial tender. First Stage tenders must be delivered to the address below on or before 11:00 on February 22, 2016 at which time they will be opened in the presence of the tenderers’ representatives who wish to attend. All Second Stage tenders must be accompanied by a Tender Security of EUR 30,000 or its equivalent in a convertible currency or in Ukrainian Hryvna at the selling exchange rate established by the National Bank of Ukraine on the date of publication of the Invitation for Tender ,and must be delivered to the address below on or before the time and date of the submission deadline specified in the Letter of Invitation to submit Second Stage tenders, at which time they will be opened in the presence of the tenderers’ representatives who wish to attend. A site visit will be held on February 04, 2016, starting at 10:00 a.m. at the address: 16 Franka Street, Ternopil, Ukraine. Prospective tenderers may obtain further information from, and inspect and acquire the tender documents and a register of potential tenderers who have purchased already the tender documents at the following office: Mr Bohdan Myskiv, Deputy Director “Ternopilmiskteplokomunenergo” of Ternopil City Council 16 Franka Street, Ternopil, Ukraine, 46001 Phone: +380 50 437 3006 Fax: +380 352 52 75 93 E-mail: bohdan.myskiv@gmail.com Email address: pta-teplo@tr.ukrtel.net

Odessa Trolleybus

 | Published September 20, 2016  -  Deadline November 7, 2016
cpvs

Supply of low-floor trolleybuses, facilities for washing of trolleybuses and related services

 

This Invitation for Tenders follows the General Procurement Notice Ref 7990-GPN-47902 for this project, which was published on the EBRD website, Procurement Notices (www.ebrd.com) on 07 September, 2015.

 

Communal Enterprise „Odesmiskelektrotrans“, hereinafter referred to as “the Purchaser”, intends to use part of the proceeds of a loan from the European Bank for Reconstruction and Development (the Bank) towards the cost of the Odessa Trolleybus Project.

 

The Purchaser now invites sealed tenders from eligible suppliers for the following contract to be funded from part of the proceeds of the loan:

 

Contract No. OPT-01, Supply of low-floor trolleybuses, facilities for washing of trolleybuses and related services, including:

  • Lot 1 – Supply of 45 low-floor two axle trolleybuses, a set of mandatory spare parts and consumables, a set of workshop tools and equipment for maintenance and repair of trolleybuses and related services, DDP (Odessa), delivery period is 16-50 weeks after receiving of advance payment;
  • Lot 2 – Supply of facilities for washing of trolleybuses, including equipment for water recycling and water treatment, DDP (Odessa), delivery period is 12 weeks after receiving of advance payment.

 

Tenders are invited for one or more lots.  Each lot must be priced separately.  Tenders for more than one lot may offer discounts and such discounts will be considered in the comparison of tenders.

 

Tendering for contracts to be financed with the proceeds of a loan from the Bank is open to firms from any country.

 

To be qualified for the award of a contract, tenderers must satisfy the following minimum criteria for one lot or both lots:

(a)   Tenderers shall meet the eligibility requirements: no conflicts of interests, not having been declared ineligible by the Bank, compliance with requirements of tender documents for government owned entity if a tenderer is owned by the government, not having been excluded as a result of the Borrower’s country laws or by an act of compliance with UN Security Council resolution;

(b)   Tenderers shall not have a consistent history of contractual non-performance within the last 3 (three) years. All pending litigation shall in total not represent more than 10% of the Tenderer’s net worth;

(c)   The audited balance sheets for the last 3 years must demonstrate the soundness of tenderer financial position, showing long-term profitability.

(d)   The tenderer must have an average annual turnover as prime Supplier over the last 3 years of at least:

Lot 1: Euro 10 million equivalent and

Lot 2: Euro 200 thousand equivalent.

(e)   The tenderer shall demonstrate that it has access to, or has available, liquid assets, unencumbered real assets, lines of credit, and other financial means sufficient to meet the production cash flow for the contract estimated as not less than:

Lot 1: Euro 3.0 million equivalent and

Lot 2: Euro 60 thousand equivalent.

(f)    The tenderer must have the following successful experience:

Lot 1: execution of the analogous deliveries of trolleybuses with similar models (single or articulated) in a quantity not less than 50 units in the last 3 years;

Lot 2: supply and installation (or supervision of installations) of facilities for washing of transport vehicles in a quantity of not less than 2 contracts in the last 3 years.

(g)   Tenderer shall be capable of the fulfilment of commitments regarding maintenance, the repair and supply of spare parts, provided in the tender documents;

(h)   In the case of a tenderer offering to supply goods under the Contract which the tenderer does not manufacture or otherwise produce, the tenderer has been duly authorised by the goods’ manufacturer or producer to supply the goods in the Purchaser’s country;

(j)    Manufacturer of trolleybuses proposed by the tenderer in its tender must have a certificate of quality management system (ISO 9000, or its equivalent).

 

Joint venture, consortium, or association (JVCA) shall satisfy the following minimum qualification criteria:

(a)   At least one partner of JVCA shall meet 60% of all the above referred qualification criteria on average annual turnover and financial resources.

(b)   Each partner of JVCA shall meet at least 20% of all the above referred qualification criteria on average annual turnover and financial resources.

(c)   JVCA shall meet in whole criteria for experience, as well as the eligibility and financial situation referred to above, the corresponding data, that defines the overall capacity of the JVCA, shall be specified for each partner. Each JVCA partner shall meet the requirements for historical financial performance, eligibility and trials.

 

Tender documents may be obtained from the Purchaser’s office at the address below upon payment of a non-refundable fee of 200 EUR (two hundred Euro), including VAT, or equivalent in Ukrainian Hryvnia or in US Dollars at the exchange rate of National Bank of Ukraine on the date of payment.

 

Payment of a non-refundable fee is to be made by bank transfer to:

 

Beneficiary Bank: Pivdennyi Bank, Odessa, Ukraine

SWIFT: PIVDUA22

Beneficiary: Communal Enterprise „Odesmiskelektrotrans“

Acc.No. for payments in UAH: 26004312202

Acc.No. for payments in USD: 26007342202

Acc.No. for payments in EUR: 26002310220203

 

Upon receiving appropriate evidence of payment of the non-refundable fee, the tender documents may be collected from the Purchaser’s office at the address given below or the documents will be promptly dispatched by courier or by e-mail to the address, indicated in the written request, but no liability can be accepted for loss or late delivery. In the event of discrepancy between electronic and hard copies of the documents, the hard copy shall prevail.

 

All tenders must be accompanied by a Tender Security in the following amount:

Lot 1: EUR 160,000 or its equivalent in a convertible currency;

Lot 2: EUR 20,000 or its equivalent in a convertible currency.

 

The tenders must be delivered to the address below on or before 07.11.2016, 12:00 Kiev time, at which time they will be opened in the presence of those tenderers’ representatives choose to attend.

 

A register of potential tenderers who have purchased the tender documents may be inspected at the address below.

 

Prospective tenderers may obtain further information from, and also inspect and acquire the tender documents at, the following address:

 

Purchaser:                    Communal Enterprise „Odesmiskelektrotrans“

Contact person:                        Mr. Alexander Katashinsky, Chief Engineer

Ms. Inessa Mandrus, Secretary of the tender commission

Address:                       1, Vodoprovondaya Str., Odessa, 65007, Ukraine

Phone:                          +380 48 7175403, +380 48 7175400 (reception)

Fax:                              +380 48 7246257

E-mail:                          mandrus.i@oget.od.ua

Kremenchuk Trolleybus Project

 | Published April 21, 2017  -  Deadline June 6, 2017
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Supply of low-floor 12m solo and 18m articulated trolleybuses and related services

 

This Invitation for Tenders follows the General Procurement Notice Ref 8458-GPN-48235 for this project, which was published on the EBRD website, Procurement Notices (www.ebrd.com) on 11 November, 2016.

 

Communal Enterprise „Kremenchutske troleybusne upravlinnya“, hereinafter referred to as “the Purchaser”, intends to use part of the proceeds of a loan from the European Bank for Reconstruction and Development (the Bank) and a grant from the Eastern Europe Energy Efficiency and Environment Partnership (E5P) administered by the Bank towards the cost of the Kremenchuk Trolleybus Project.

 

The Purchaser now invites sealed tenders from eligible suppliers for the following contract to be funded from part of the proceeds of the loan and the grant:

 

Contract No. KPT-01, Supply of low-floor 12m solo and 18m articulated trolleybuses and related services, including:

 

  • 35 low-floor 12m trolleybuses;
  • 5 low-floor 18m articulated trolleybuses;
  • a set of mandatory spare parts and consumables, a set of workshop tools and equipment for maintenance and repair of trolleybuses;
  • Delivery conditions: DDP (Kremenchug). Delivery period is 16-50 weeks after receipt of advance payment.

 

One contract will be signed.

Tendering for the contract to be financed with the proceeds of a loan from the Bank and grant from the E5P is open to firms from any country.

 

To be qualified for the award of a contract, tenderers must satisfy the following minimum criteria:

 

(a)   Tenderers shall meet the eligibility requirements: no conflicts of interests, not having been declared ineligible by the Bank, compliance with requirements of tender documents for government owned entity if a tenderer is owned by the government, not having been excluded as a result of the Borrower’s country laws or by an act of compliance with UN Security Council resolution;

(b)   Tenderers shall not have a consistent history of contractual non-performance within the last 5 (five) years. All pending litigation shall in total not represent more than 10% of the Tenderer’s net worth;

(c)   The audited balance sheets for the last 3 years must demonstrate the soundness of tenderer financial position, showing long-term profitability.

(d)   The tenderer must have an average annual turnover as prime Supplier over the last 3 years of at least Euro 10 million equivalent.

(e)   The tenderer shall demonstrate that it has access to, or has available, liquid assets, unencumbered real assets, lines of credit, and other financial means sufficient to meet the production cash flow for the contract estimated as not less than Euro 4.0 million equivalent;

(f)    The tenderer must have successful experience in execution of the analogous deliveries of trolleybuses with similar models in a quantity not less than 140 low-floor 12m solo trolleybuses and 40 low-floor 18m articulated trolleybuses in the last 3 years;

(g)   Tenderer shall be capable of the fulfilment of commitments regarding maintenance, the repair and supply of spare parts, described in the tender documents;

(h)   In the case of a tenderer offering to supply goods under the Contract which the tenderer does not manufacture or otherwise produce, the tenderer has been duly authorised by the goods’ manufacturer to supply the goods in the Purchaser’s country;

(i)    Manufacturer of the proposed trolleybuses shall have at least 10 years of experience in manufacturing of 12m buses or trolleybuses of any model. If the manufacturer hast experience of at least 10 years in bus manufacturing only, its experience in manufacturing of trolleybuses shall be at least 3 years.

(j)    Manufacturer of trolleybuses proposed by the tenderer in its tender must have a certificate of quality management system (ISO 9000, or its equivalent).

 

Joint venture, consortium, or association (JVCA) shall satisfy the following minimum qualification criteria:

 

(a)   At least one partner of JVCA shall meet 60% of all the above referred qualification criteria on average annual turnover and financial resources.

(b)   Each partner of JVCA shall meet at least 20% of all the above referred qualification criteria on average annual turnover and financial resources.

(c)   JVCA shall meet in whole criteria for experience, as well as the eligibility and financial situation referred to above, the corresponding data, that defines the overall capacity of the JVCA, shall be specified for each partner. Each JVCA partner shall meet the requirements for historical financial performance, eligibility and trials.

 

Tender documents may be obtained from the Purchaser’s office at the address below upon payment of a non-refundable fee of 200 EUR (two hundred Euro), including VAT, or equivalent in Ukrainian Hryvnia or in US Dollars at the exchange rate of National Bank of Ukraine on the date of payment.

 

Payment of a non-refundable fee is to be made by bank transfer to:

 

Beneficiary Bank: Public Joint Stock Company UkrSibbank, Ukraine

Bank code (MFO): 351005

SWIFT: KHABUA2K

Correspondent bank details for the payments in EUR: BNP Paribas SA, Paris, Account Number 07205696, SWIFT: BNPAFRPP

Beneficiary: Communal Enterprise „Kremenchutske troleybusne upravlinnya“

Acc.No. for payments in UAH: 2600 8368 5791 00

Acc.No. for payments in EUR: 2600 8368 5791 00

 

Upon receiving appropriate evidence of payment of the non-refundable fee, the tender documents may be collected from the Purchaser’s office at the address given below or the documents will be promptly dispatched by courier or by e-mail to the address, indicated in the written request, but no liability can be accepted for loss or late delivery. In the event of discrepancy between electronic and hard copies of the documents, the hard copy shall prevail.

 

All tenders must be accompanied by a Tender Security in the amount of EUR 160,000 or its equivalent in a convertible currency.

 

The tenders must be delivered to the address below on or before 06.06.2017, 12:00 Kiev time, at which time they will be opened in the presence of those tenderers’ representatives choose to attend.

 

A register of potential tenderers who have purchased the tender documents may be inspected at the address below.

 

Prospective tenderers may obtain further information from, and also inspect and acquire the tender documents at, the following address:

 

Purchaser:        Communal Enterprise „Kremenchutske troleybusne upravlinnya“

Contact person:            Mr Alexander Alekseyev, Chief Engineer

Address:           69 Kievskaya Street, Kremenchuk, Ukraine

Phone:  +380 (93) 3567580

Fax:      +380 (536) 774911

E-mail:  kremen.kty@ukr.net

 

Ukraine: Legal Services for the Ukraine Business Ombudsman Institution (BOI)

 | Published December 11, 2014  -  Deadline January 2, 2015
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Project Description

Having received grant funding from the EBRD-Ukraine Stabilisation and Sustainable Growth Multi-Donor Account Fund (the Donor) the European Bank for Reconstruction and Development (the EBRD or the Bank) agreed to provide financing and technical assistance for establishing the Ukrainian Business Ombudsman Institution (the Project or the BOI).

Assignment Description

The Bank (see, however, note 2 below) now intends to engage for the BOI a Ukrainian legal advisor (the Consultant) to provide legal services in connection with the development and operation of the BOI (the Assignment).

The selected Consultant is expected to provide the following services:

A. Start-up Phase

(1) Arrange for all necessary tax, social security, etc., documents, approvals, consents and licences needed for the BOI and its staff; where relevant (e.g., in the case of the Business Ombudsman who is likely to be a foreign national), assist with all necessary immigration arrangements, including visas, labour and other permits and consents required for a foreigner to live and work in Ukraine.

(2) Assist with the review and negotiation of all contractual arrangements relevant to the office lease and work closely with a real estate agent engaged by the EBRD for this purpose.

(3) Assist with the review and negotiation of the contractual arrangements for office fit-out, contracts for supply of equipment (furniture, IT, security, etc.,).

(4) Prepare templates of employment contracts for staff and other templates needed for the BOI in connection with the employment arrangements and, if so required, assist with preparation and negotiation of individual employment contracts.

(5) Assist with all legal and contractual issues relevant to the setting up of the BOI web-site and related IT matters, as well as the initial media campaign.

(6) Prepare the draft Rules and Procedures for the BOI and help with the explanation and adoption of this document by the BOI supervisory board. The Rules and Procedures will cover, among other things, the following:

(a) BOI governance (e.g., the role of the Supervisory Board, its powers, relationship between the Business Ombudsman/Deputies and the Supervisory Board; duties and responsibilities of the Ombudsman and Deputies, rules relevant to staff recruitment and employment, etc.,).
(b) Detailed rules for conducting investigations, including clear eligibility criteria for a claim to be investigated by the BOI (this task should include the development of a clear and reasonably form for complainants who wish to submit a complaint to the BOI); identification of the kinds of matters that are not handled by the BOI (such as review of court decisions); steps that are necessary to be taken by the complainants before they are able to launch their complaint to the BOI (e.g., they have to exhaust appropriate administrative and other similar remedies available under applicable law to complain, where relevant, to the entity whose wrongdoing it alleges, and/or to an entity who supervises the alleged wrongdoer); rules relevant to the processing of a claim; guidance on how to conduct investigations and procedures for requesting a further investigation by relevant state authorities in cases where the initial investigation by the BOI determines that there are reasonable grounds that a business malpractice may have occurred.
(c) Rules relevant to the periodic Reports to be issued by the BOI – to the Supervisory Board and to the public at large.
(d) Confidentiality issues.
(e) Files and archives of the BOI.

The Start-up Phase is expected to take between six to eight months.

B. The Post-BOI law Adoption Phase

Once the law on the BOI is approved by the Verkhovna Rada:

(1) Assist with the assignment/transfer of all existing contractual arrangements to the new BOI, and ensure the preservation of the continuity of the BOI function.

(2) If necessary, prepare such constituent and other documents of the BOI as required by applicable law.

(3) Assist with all necessary permits, licences, consents, registrations, approvals (including, if necessary, appropriate changes to the employment, social security, etc., arrangements that may be necessary for the BOI to put in place following the adoption of the BOI law).

This phase of work is likely to commence in the second quarter of 2015 and is likely to take three to six months.

C. Ongoing duties during the term of the Assignment

(1) Provide company secretarial services, including, without limitation, arranging regular quarterly meetings for the supervisory board of the BOI, make any legal filings and submissions and take other action as, from time to time, required by the BOI;

(2) Amend, from time to time, as required by the BOI, of the Rules of Procedure, as well as any existing contracts of the BOI.

(3) Provide assistance in respect of such other legal issues as may, from time to time, be requested by the BOI and/or the EBRD, including, without limitation, labour law, tax and company law matters.

The on-going support for the BOI will commence immediately upon appointment and terminate at the end of the two-year Assignment.

Selection Process: Interested firms are hereby invited to submit expressions of interest.

Assignment Start Date and Duration: The Assignment is expected to start in January 2015 and is expected to be completed on 31 December 2016.

Financial Proposals from Interested Firms: Interested firms are expected to provide a financial proposal which shall be denominated in US Dollars (USD).

The Financial Proposal shall include:

(1) Financial cap for the Start-up Phase;
(2) Financial cap for the Post-BOI Adoption Phase;
(3) Monthly cap for the Ongoing Services; and
(4) Discounted and/or blended fee for the key experts or another form of discount in connection with the proposed fee arrangements (this criterion is encouraged albeit not required).

In principle the Financial Proposal shall be exclusive of VAT. However, the Financial Proposal shall set out (a) the applicable VAT separately as additional budget lines for each of the 3 phases/areas of services as above and (b) shall include an overall statement as follows:

Indirect taxes/VAT have been estimated at [add amount in words and figures]. If this determination is verified by the Bank, it is intended that the Bank is responsible for paying and recovering the indirect taxes/VAT associated with the services.

Funding Source: It is expected that the Assignment will be funded through the EBRD-Ukraine Stabilisation and Sustainable Growth Multi-Donor Account Fund. Please note selection and contracting will be subject to the availability of funding.

Eligibility: There are no eligibility restrictions but the firm and the key experts are expected to have substantial experience in providing Ukrainian law advice as specified below.

Consultant Profile: Legal services are required. The Consultant is expected to be a law firm with substantial previous experience related to:

1. Corporate and company secretarial services;
2. In-depth corporate governance expertise;
3. Commercial contract, immigration and labour law;
4. Administrative law and procedure;
5. Dealing with material legal issues with central governmental authorities, including in the context of anti-corruption and/or corporate governance legislation.

The Consultant’s expert team is expected to include key experts as follows:

(a) Key Expert No. 1 (Team Leader, preferably a Partner in the law firm in question) with preferably 15 years or more of practicing as a lawyer in Ukraine and previous professional experience with matters similar to those described in the Assignment. Ability to work, communicate and write clearly, including drafting of comprehensive legal documents and agreements in both Ukrainian and English is a must.
(b) Key Expert No. 2 (Partner or Senior Associate) with preferably more than 5 years of practicing as a lawyer in Ukraine previous professional experience with matters similar to those described in the Assignment. Ability to work, communicate and write clearly, including drafting of comprehensive legal documents and agreements in both Ukrainian and English is a must.
(c) Key Expert No. 3 (Associate) with preferably more than 3 years of practicing as a lawyer in Ukraine previous professional experience with matters similar to those described in the Assignment. Ability to work, communicate and write clearly, including drafting of comprehensive legal documents and agreements in both Ukrainian and English is a must.

Submission Requirements: In order to determine the capability and experience of Consultants seeking to be selected for this Assignment, the information submitted should include the following:

1. Firm’s profile, organisation and staffing (max. 2-4 pages);

2. Details of previous relevant experience or similar assignments particularly undertaken by the key experts proposed for the Assignment (and not the firm as a whole) in the previous five years, including information on contract value, contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months, days or hours provided (if different from duration) , main activities, objectives;

3. CVs of key experts who could be available to work on the Assignment with details of the experts’ professional experience,

4. Short technical proposal (max. 5 pages) summarising the approach, methodology, split of the key tasks among different team members and the approach to each individual phase of the Assignment.

5. Financial Proposal including the respective hourly rate for each key expert and any reimbursable expenses (if any) and the overall fee proposal as described in the section entitled “Financial Proposals from Interested Firms” above.

6. Completed Consultant Declaration Form and Contact Sheet, the template for which is available from the following web-link:

http://www.ebrd.com/pages/workingwithus/procurement/notices/csu/contact_sheet.doc.

The above information should not exceed 10 pages excluding CVs and Consultant Declaration and Contact Sheet.

The complete expression of interest (including CVs, Consultant Declaration and Contact Sheet) should be submitted, in English, electronically through e-Selection, to reach the Bank not later than the closing date. The expression of interest shall be one file (pdf). The EBRD reserves the right to reject applications of firms submitting more than one file. Only if the permissible file size is exceeded (4MB), the Consultant may split the expression of interest into further files.


Bank Contact Person:

Martin Ehrenberg
Technical Co-operation
European Bank for Reconstruction and Development
One Exchange Square
London EC2A 2JN
Tel: + 44 20 7338 7657
e-mail: ehrenbem@ebrd.com or yooj@ebrd.com (submissions should be sent through eSelection and NOT to this email address)

Important Notes:

1. The selection will normally be made from responses to this notification only. Consultants will not be asked to submit further proposals. The highest-ranked Consultant will be selected from a shortlist and be invited to negotiate the contract, subject to availability of funding.

2. Once the BOI is fully operational, the Bank’s contract with the selected firm will be assigned (or otherwise transferred) to the BOI, while the EBRD will continue financing the services under the assigned contract through the above-described grant funding. The selected law firm is expected to facilitate such transfer of the consultancy contract at no additional cost to the EBRD or the BOI. If, under applicable Ukrainian law, any indirect taxes/VAT are payable by the BOI under the consultancy contract, unless otherwise agreed, the Client will then have to pay the indirect taxes/VAT applicable to the services directly to the Consultant with the Bank providing the relevant funding.

3. The evaluation criteria are as follows:

(a) Technical Proposal - 30%
(b) Financial Proposal and value for money - 30%
(c) Quality as well as relevance of past experience of key experts – 40%

Road Sector Development Project - P149322

 | Published August 30, 2016
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Consultancy Services For Design Of Repair (rehabilitation) Maintenance And Improvement Of ?-06 Kyiv ? Chop Road Onsections: Km 14+080 ? Km 129+600 And Km 151+730 ? Km 434+230 consultancy services for DESIGN OF REPAIR (REHABILITATION), maintenance ANDIMPROVEMENT of ?-06 Kyiv ? Chop road ON sections km 14+080 ? km 129+600 and km 151+730 ? km434+230 Project name: Road Sector Development Project Country:Ukraine Finance source: The WorldBank Services name: Consultancy services for design of repair (rehabilitation)maintenance and improvement of ?-06 Kyiv ? Chop road on sections: km 14+080 ? km 129+600 and km 151+730 ? km 434+230 Consultant's name: Proektdormisttechnologia LLC (Ukraine) Consultant's address: office 7, 58-b, Stolychne Shose, Kyiv, Ukraine,03131 No and dateof Contractsigning: CS-9 (b) dated August 23, 2016 Contract price:398 400 USD Time period: 5 calendarmonths Selection method:Selection Based on Consultant's Qualification (CQS) underGuidelines: Selection and Employment of Consultants by World Bank Borrowers(January 2011, revised July 2014). Technical score:87.69 Financial score:N/A Rejected Consultants: N/A

Chernivtsi District Heating Project – Corporate Development Support Programme

 | Published March 11, 2016  -  Deadline April 1, 2016
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Executing Agency (Client):

Municipal Communal Enterprise «Chernivtsiteplokomunenergo»
19A, Maksymovycha street, Chernivtsi city, 58018, Ukraine

Project Description:

The district heating company “Chernivtsiteplokomunenergo” (the “Company” or “CTE”), a municipal utility wholly owned by the City of Chernivtsi (“Chernivtsi” or the “City”) has approached the European Bank for Reconstruction and Development (“EBRD” or the “Bank”) requesting a loan to support its energy efficiency priority investment programme (“PIP”) in the DH infrastructure.

Chernivtsi, with a population of 264,000, is the regional centre of the Chernivtsi oblast in the western part of Ukraine, close to the Romanian border. The Company is the only distributor of DH services in the City, with the total employee headcount of ca. 500 people, supplying heat to approximately 593 residential apartment buildings in the City. The Company generates heat in 89 boiler houses and distributes heat through 99,3 km of distribution networks.  The boiler houses are using natural gas.

The PIP will focus on increasing energy efficiency, reducing fuel, electricity and water consumption and other maintenance and operating costs, improving the reliability and quality of district heating services. The PIP will be implemented over a period of three years. It is expected that the PIP, as structured, will reduce the operating costs for the Company and will save up to 8890 thousand m3 of natural gas, 5400 MWh of electricity, and 5800 m3 of water each year, as well as increase the quality of heat and hot water services to the consumers. The PIP will include, inter alia:

  • Installation of Individual Heating Substations;
  • Installation of a bio-fuel boiler with a net capacity of 10.0MW;
  • Rehabilitation and modernization of large boiler houses;
  • Rehabilitation and/or replacement of small boiler houses;
  • Rehabilitation and replacement of DH networks;
  • Installation of dispatching and monitoring system.
  • Heat meters  installation;
  • Repair works at selected boiler houses boiler houses;
  • Rehabilitation and replacement of DH networks.

The PIP will directly benefit 24 per cent of the City population connected to the district heating system while indirectly benefiting all of the connected households. The Individual Heat Substation (“IHSs”) component of the project covers installation of 268 units in residential buildings connected to the system. The IHSs districts will serve as an example of complete district heating system loop operated with modern technology such as pre-insulated pipes, frequency converters and automatic heating substations, which ultimately increases quality of provided services to the end-consumers.

The Project addresses urgent investments aiming at improving energy efficiency as well as the Company’s quality of district heating service provision, and also reducing losses incurred in the distribution networks. The introduction of IHSs represents the first step on the customer demand side to transfer control of heating from the supplier to the end-users.

Assignment Description:

As part of the Project, the Company will need to improve its corporate governance and financial and operational performance, maintain financial ratios and other covenants, calculate tariffs based on actual heat consumption and ensure that tariffs are reviewed periodically in order to ensure full cost recovery. The Company will also sign a Public Service Agreement with the City, which will clarify the responsibilities of the City, the Company and the customers regarding the provision of heating services.

The overall objective of the Assignment is to improve the commercial standing of the Company and enable it to implement the Project, as well as ensure that the services are equitably provided to the end-consumers and are of a high quality. Specific objectives are to assist the Company to, inter alia:

  • identify, discuss with the Company and with the City, and implement the necessary corporate, financial and operational improvements to meet the related covenants included in the EBRD finance documents. This will be achieved via the development and implementation of a Financial and Operational Performance Improvement Programme (“FOPIP”);
  • develop, negotiate with the City and adopt a Public Service Contract (“PSC”);
  • assist the Company with regular heat tariff calculations and submissions to the Regulator; help the Company submit investment programmes adjustments to the Regulator; 
  • develop and implement a medium to long term Corporate Development Plan (“CDP”) and corporate planning process, so it may continue its transition towards an entirely commercial entity;
  • analyse the impact of planned tariff increases on the end-consumers, with a particular focus on vulnerable groups, and develop guidelines for the municipality for the mitigation of any negative impacts; and
  • develop and implement policies which promote equal opportunities and non-discrimination.

Status of Selection Process: Interested firms or group of firms are hereby invited to submit expressions of interest.

Assignment Start Date and Duration: The Assignment is expected to start in Q2 2016 and has an estimated overall duration of 24 months.

Cost Estimate for the Assignment: EUR 200,000 (exclusive of VAT).The Consultant must determine whether any indirect taxes/VAT are chargeable on the proposed services and state the basis for such. If any indirect taxes/VAT are payable, the Client will have to pay indirect taxes/VAT element to the services directly to the Consultant unless otherwise agreed.

Funding Source: It is anticipated that the contract will be financed by the Sida-EBRD Ukraine Energy Efficiency and Environment Consultant Cooperation Fund (SWUK). Selection and contracting is subject to the availability of funding.

Eligibility: There are no nationality eligibility restrictions.

Consultant Profile: Corporate services are required. The Consultant should ensure that the appropriately qualified experts are available, as required, for each of the different tasks outlined above. It is expected that the assignment will be led by an appropriately qualified project manager with experience in the district heating sector and in implementing the key areas of this assignment, accompanied by both key and supporting experts.

The Consultant would likely comprise the following key expertise and some individuals may fulfil more than one role:

  • Team Leader/District Heating Expert;
  • District Heating Institutional and Regulatory Expert;
  • Financial Specialist;
  • Environmental and Social Specialist;
  • Legal Expert;
  • Local Experts (including, inter alia, an expert with experience in local tariff regulation in the DH sector).

Submission Requirements: In order to determine the capability and experience of Consultants seeking to be shortlisted, the information submitted should include the following:

1. Company/group of firms’ profile, organisation and staffing (max. 2-4 pages).

2. Details of previous project experience or similar assignments particularly undertaken in the previous five years, including information on contract value, contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided (if different from duration) , main activities, objectives.

3. CVs of key experts who could carry out the Assignment detailing qualifications, experience in similar assignments, particularly assignments undertaken in the previous five years, including information on contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided, assignment budget, main activities, objectives.

4. Completed Consultant Declaration Form and Contact Sheet, the template for which is available from the following web-link:

http://www.ebrd.com/pages/workingwithus/procurement/notices/csu/contact_sheet.doc.

The expression of interest shall not exceed 20 pages (excluding CVs Consultant Declaration and Contact Sheet).

One electronic copy of the expression of interest, in English and Ukrainian, should be submitted to the Client by email, marked “EXPESSION OF INTEREST for Chernivtsi District Heating Project – Corporate Development Support Programme”, to reach Client not later than at 12:00 (midday) on 1 April 2016 (Ukrainian time). One further electronic copy should be submitted to the EBRD’s contact person by the same due date.

The Client Contact Person:
Melenchuk Oleksandr, Director
Municipal Communal Enterprise «Chernivtsiteplokomunenergo»
19A, Maksymovycha street, Chernivtsi city, 58018, Ukraine
Email: chernivtsitke@gmail.com
Tel: +380372241135
Fax: +380372241135

The EBRD Contact Person:
Larissa Gosling
European Bank for Reconstruction and Development
One Exchange Square
London EC2A 2JN
Tel: + 44 20 7338 6338
Fax: +44 20 7338 7451
E-mail: goslingl@ebrd.com

Important Notes:

1. The selection will normally be made from responses to this notification only. Consultants will not be asked to submit a proposal. The highest-ranked Consultant will be selected from a shortlist and be invited to negotiate the contract, subject to availability of funding.

2. The shortlist criteria are as follows:

(a) Firm’s previous project experience in delivering corporate development programmes for district heating projects similar in scope, nature and complexity (35%)

(b) Firm’s previous project experience in Ukraine (15%)

(c) CV of Key Experts (Project Manager, DH Institutional and Regulatory Expert, Financial Expert, Legal Expert, Environmental and Social Expert, Local Experts) (50%)

Lviv Public Transport Financing Project

 | Published January 26, 2016  -  Deadline March 28, 2016
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Rehabilitation of the Maintenance Building with Boiler Room, Utility and Administrative Rooms of Tramway Depot 2 of the Lviv Municipal Enterprise “Lvivelektrotrans” located at 29 Promyslova St. in Lviv, Ukraine

This Invitation for Tenders follows the General Procurement Notice Ref. 6116-GPN-39299 for this Project which was originally published on the EBRD Web Site, Procurement Opportunities on 26 April 2010 and most recently updated on 13 May 2015.

Lviv Municipal Enterprise "Lvivelektrotrans", hereinafter referred to as “the Employer”, intends using part of the proceeds of a loan from the European Bank for Reconstruction and Development (“the Bank”) for a project to rehabilitate public transport system in the City of Lviv.

The Employer now invites sealed tenders from contractors for the following contracts to be funded from part of the proceeds of the loan:

  • Rehabilitation of the Maintenance Building with Boiler Room, Utility and Administrative Rooms of Tramway Depot 2 of the Lviv Municipal Enterprise “Lvivelektrotrans” located at 29 Promyslova St. in Lviv.


The works include general construction works, thermal envelope of the building, new engineering systems (electricity, plumbing, heating, drainage, gas supply), supply and installation of tram maintenance equipment and washing machine for tramways.

Tendering for contracts to be financed with the proceeds of a loan from the Bank is open to firms from all countries. The proceeds of the Bank’s loan will not be used for the purpose of any payment to persons or entities, or for any import of goods, if such payment or import is prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations.

To be qualified for the award of a contract, tenderers must satisfy the following minimum qualification criteria:
 

  1. Historical contract non-performance. Non-performance of a contract did not occur within the last five (5) years prior to the deadline for tenders submission, based on all information on fully settled disputes or litigation.  A fully settled dispute or litigation is one that has been resolved in accordance with the Dispute Resolution Mechanism under the respective contract, and where all appeal instances available to the Tenderer have been exhausted. All pending litigation shall in total not represent more than ten percent (10%) of the Tenderer’s net worth and shall be treated as resolved against the Tenderer.
  1. Financial Situation
     

2.1. Historical financial performance .The balance sheets for the last three (3) years, supported by audit statements or tax returns/acceptance by the tax authorities, shall be submitted and must demonstrate the soundness of the Tenderer’s financial position, showing long-term profitability. Where necessary, the Employer will make inquiries with the Tenderer's bankers.

2.2. Average annual turnover .The Tenderer shall have an average annual turnover, defined as billing for construction works contract in progress and completed, over the last three (3) years of not less than two (2) million euro equivalent.

2.3. Financial resources. The Tenderer shall demonstrate that it has access to, or has available, liquid assets, unencumbered real assets, lines of credit, and other financial means sufficient to meet the construction cash flow for the contract for a period of three (3) months, estimated as not less than 400,000 (four hundred thousand) euro equivalent, net of tenderer’s commitments for other contracts.

 

  1. Experience. The Tenderer shall meet the following minimum criteria:

 

General experience: Experience under contracts in the role a contractor or prime contractor for the last three (3) years prior to the tender submission deadline and license for contractor or management contractor activities valid in Ukraine or country of Tenderer’s registration. 

Specific experience:

  1. Participation as contractor or management contractor in at least two (2) contracts within the last five (5) years, each with a value of at least 800.000 (eight hundred thousand) euro equivalent, that have been successfully and substantially completed and that are similar to the proposed Works. The similarity shall be based on the physical size, complexity, methods/ technology or other characteristics as described in the Employer’s Requirements.
  2. The Tenderer shall demonstrate the successful experience as a contractor or prime contractor in at least one (1) contract during last two (2) years including supply, installation and commissioning of gas-fired boiler room with output of at least 1000 Gcal (to demonstrate compliance with this particular requirement the tenderers are allowed to claim experience of its sub-contractor as a contractor for such works).

 

  1. Personnel. The Tenderer shall provide suitably qualified personnel to fill the following positions.  Each position should meet the experience requirements specified below:

No – Position – Total Work Experience (years) – Specific Similar Work Experience (years)

1 – Project Manager – 10 – 5

2 – Chief Design Engineer – 7 – 3

3 – Senior Heating Engineer – 5 – 3

4 – Senior Electrical Engineer – 5 – 3

5 – Senior Civil Works Engineer – 5 – 3

6 – Senior Health and Safety Manager – 5 – 3

7 – Quality Engineer – 5 – 3

 

  1. Equipment. The Tenderer shall own, or have assured access to (through hire, lease, purchase agreement, availability of manufacturing equipment, or other means), the following key items of equipment in full working order, available for use in the proposed contract.  The Tenderer may also list alternative equipment that he would propose to use for the contract, together with an explanation of the proposal.

No – Equipment type and Characteristics – Minimum number required

1 – Automobile crane (capacity at least 25t) – 1

2 – Track mounted excavator (bucket capacity at least  0,2m3) – 1

3 – Track mounted excavator (bucket capacity at  least 0,5m3) – 1


The joint ventures, consortiums or associations must satisfy collectively the qualification criteria stated above, for which purpose the relevant data of each of the partners shall be added to arrive at the joint venture's total capacity, taking into account the following provisions: 

(a)      Each partner individually must satisfy the requirements for audited balance sheets and litigation history.

(b)      For qualifying criteria Financial Position and General Experience: each partner shall meet at least 30 (thirty) percent of the criteria, the leading partner shall meet not less than 60 (sixty) percent of the criteria.

(c)      All partners combined must meet criteria for Special Experience, and Personnel and Equipment capabilities

Tender documents may be obtained from the office at the address below upon payment of a non-refundable fee of 200 euro or equivalent in Ukrainian hryvnia at the official exchange rate at the date of payment, which should be paid to Lviv Municipal Enterprise "Lvivelektrotrans”:
 

For tenderers from abroad:

(IBAN) 2600500013736 at Branch of the Public Joint Stock Company “State Export-Import Bank of Ukraine” in Lviv 4 A. Mitskevytch square, 79000 Lviv, Ukraine;
SWIFT Code – EXBSUAUXLVI;
Intermediary bank: DEUTSCHE BANK AG, Frankfurt am Main SWIFT Code – DEUTDEFF, Correspondent account – 949876710;
For tenderers from Ukraine:
Account N°: 2600500013736 at Branch of the Public Joint Stock Company “State Export-Import Bank of Ukraine” in Lviv


If requested, upon receipt of appropriate evidence of payment of the non-refundable fee, the documents will be promptly dispatched by courier and, in addition, electronically via e-mail, but, no liability can be accepted for their loss or late delivery. In the event of discrepancy between electronic and hard copies of the documents, the hard copy shall prevail.

All tenders must be accompanied by a tender security of 20,000 (twenty thousand) euro or its equivalent in another convertible currency or Ukrainian Hryvnia. The equivalent of tender security amount in Ukrainian Hryvnia shall be calculated at the National Bank of Ukraine’ official exchange rate on 29.02.2016 (i.e. 28 days prior to the deadline of submission of tenders).

Tenders must be delivered to the office at the address below on or before 28 March 2016 at 10:00 (Lviv local time) will be opened in the presence of those tenderers’ representatives who choose to attend.

A register of potential tenderers who have purchased the tender documents may be inspected at the address below.

Prospective tenderers may obtain further information from, and inspect and acquire the tender documents at, the following office:

 

Lviv Municipal Enterprise «Lvivelektrotrans»
2, Sakharov Str., Lviv 79012, Ukraine
Contact person: Ms. Iryna Ivanyshyn or/and Mr.Andriy Petryshyn
Tel: +38 (032) 238 68 51 / +38 (032) 238 68 50
Fax: +38 (032) 238 28 45
e-mail: ivanyshyn.i@ukr.net / tenderlet@gmail.com

Vinnytsia Automated Fare Collection - Regulatory Framework

 | Published August 25, 2015  -  Deadline September 21, 2015
cpvs

Executing Agency (Client): City of Vinnytsia (the “City”) The Client Contact Person: Ms. Katerina Babina, Director Vinnytsia Card Services 64 Soborna Str., Vinnytsia, Ukraine, 21050 Email: vincardservice@gmail.com Phone +38 093 108 13 56 The EBRD Contact Person: Julie Michel European Bank for Reconstruction and Development One Exchange Square London EC2A 2JN Tel: + 44 20 7338 7556 Fax: +44 20 7338 7451 E-mail: michelj@ebrd.com Project Description: The European Bank for Development and Reconstruction (the “EBRD”) is working with the City of Vinnytsia (the “City” or the “Client”) to finance an Automated Fare Collection (“AFC”) system, and as part of it, an Automated Vehicle Location (“AVL”) system, for the City. A new special purpose municipally-owned company called Municipal Enterprise Vinnytsia Card Service (“VCS”) was established on 12 December 2014 to implement the AFC system. The Project is called Vinnytsia Card at the City level. The system will include an AVL sub-system to track public transport vehicles and offer modern dispatch services for the City and transport operators. It is planned to have an AFC system where users are issued with contactless smart cards (“e-cards”) carrying information with stored value or purchased tickets and other products. It is planned that the e-card will be able to carry equivalents of money, various public transport tickets and be suitable for other dedicated applications including access to City services, parking or potentially bicycle rental. AVL sub-system will be used for real time passenger information as well as for monitoring transport operators’ performance in order to adjust municipal payments in line with operators’ actually delivered services. It should improve service quality by facilitating greater focus on the reliability of services by transport operators, but also providing real time information to users on the expected arrival of vehicles at bus stops. The bulk of the public transport supply (circa 75 per cent) is provided by Vinnytsia Transport Company (“VTC”) formerly “Vinnytske Tramvaino – Trolleybusne Upravlinnya” (“TTU”), whose tram, trolleybus and bus fleet will be the basis to introduce AFC system. However the City intends to implement the new system on all public transport services, including private operators (i.e. 200 minibuses). Assignment Description: The overall objective of this assignment is to support the City with strengthening their public transport regulatory framework, including assisting in the preparing of a Public Transport Strategy, an Agreement on the Implementation of the AFC system, Public Service Contracts between the city and operators, Fare Revenue Collection Service Contracts between VCS and operators and a new set of rules regarding passenger and luggage carriage (the “Assignment”). The Assignment will also assist the City in preparing a route tender documentation package. The contracting entity will be the City. The selected Consultant is expected to provide the following services: TASK 1. Assistance in Drafting the City’s Public Transport which should include: an assessment of public transport system’s and Key Performance Indicators (“KPIs”) of main public transport service providers; identify city’s transport sector issues and problems; stipulate main principles for new strategy; establish a vision and goals; set out measures and timeline to for achieving these goals, as well as resources required. TASK 2. Drafting an Agreement between the City and VCS for the Implementation and Operation of an AFC/AVL system The Consultant will formalise/stipulate the City’s objectives of the AFC system implementation and discuss the envisaged principles to serve as the basis of the agreement. The Consultant will support the City in drafting the agreement between VCS and VCC to enable the implementation and operation of the AFC and AVL system. This shall include, inter alia, the governance mechanism for oversight of VCS’s operations by VCC and relevant transport operators. TASK 3. Preparation of a Public Service Contract between the City and VTC The Consultant will prepare a PSC between the City and transport operators and supporting financial model. TASK 4. Preparation of Fare Revenue Collection Service Contracts between VCS and transport operators Taking into consideration the envisaged contractual structure of the system and final principles of the AFC system, as well as main terms and conditions of the Contract between the VCS and operators for Implementation and Operation of an AFC/AVL systems. The Consultant will outline goals, main principles, and terms and conditions for Fare Revenue Collection Contract between the VCS and transport operators in a separate paper before drafting the Contract. The Contract will set out terms and conditions for installation, access and maintenance of AFC equipment on operators’ vehicles, rules for notification of equipment failures, payment formulae, incentive mechanisms, etc. The Contract will include a separate section dedicated to AVL system and its deployment on operators fleet. TASK 5. Preparation of Vinnytsia New Passenger and Luggage Carriage Rules The Consultant will review national and local legislation regulating transportation of passengers and carriage of luggage and will propose amendments necessary for implementation of AFC system to be approved by the City Council. TASK 6. Development of Tender Documentation Package for Transport The Consultant will review the current bus and minibus route tendering document package, relevant laws and point out main limitations and restrictions and will draft a new tender documentation package to include a description of the tender procedure, recommended bidders qualification criteria and proposal evaluation criteria, minimum requirement to the services, template for operational plan, potentially template business plan with a basic template financial model. Based on the PSC developed for VTC the Consultant will draft an adopted PSC for private bus and minibus operations taking into account additional risks and particularities of the market. Consultant should refer to the Terms of Reference (“ToR”) for a more detailed description of the Assignment. Status of Selection Process: Interested firms or group of firms are hereby invited to submit expressions of interest. Assignment Start Date and Duration: The Assignment is expected to start in January 2016 and has an estimated overall duration of 2 years. Cost Estimate for the Assignment: EUR 288,750 (exclusive of VAT). The Consultant must determine whether any indirect taxes/VAT are chargeable on the proposed services and state the basis for such. If any indirect taxes/VAT are payable, the Client will have to pay indirect taxes/VAT element to the services directly to the Consultant unless otherwise agreed. Funding Source: EU Neighbourhood Investment Facility Eligibility: There are no eligibility criteria. Consultant Profile: Corporate services are required. The Consultant will be a firm or a group of firms with proven previous project experience related to: (a) Urban transport sector; (b) Project management, projects, legal analysis and contract preparation, procurement of public transport services and financial modelling. The Consultant’s experts team is expected to include key Experts as follows (with short-term support as required): Key Experts No. 1: Pool of local legal experts (both junior and senior levels); Key Expert No. 2: Transport planner; Key Expert No. 3: Transport economist with expertise in fares; Key Expert No. 4: Financial adviser; Key Expert No. 5: AFC/AVL specialist to support the performance contract between the City and VCS and between VCS and Transport Operators; Key Expert No. 6: Local Procurement and Contract Specialist. All key Experts should preferably have 7 years of experience of the activity for which they are proposed or from a similar position including: ability to work in local language is considered essential; and previous project experience in the country would be an advantage. Submission Requirements: In order to determine the capability and experience of Consultants seeking to be selected, the information submitted should include the following: 1. Company/group of firms’ profile, organisation and staffing (max. 2-4 pages). 2. Details of previous project experience or similar assignments particularly undertaken in the previous five years, including information on contract value, contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided (if different from duration) , main activities, objectives. 3. CVs of key Experts who could carry out the Assignment detailing qualifications, experience in similar assignments, particularly assignments undertaken in the previous five years, including information on contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided, assignment budget, main activities, objectives. 4. Completed Consultant Declaration Form and Contact Sheet The expression of interest shall not exceed 25 pages (excluding CVs Consultant Declaration and Contact Sheet). The complete expression of interest (including CVs, Consultant Declaration and Contact Sheet) should be submitted, in English and Ukrainian via email (pdf) titled “EXPESSION OF INTEREST for UKRAINE: Vinnytsia Automated Fare Collection - Regulatory Framework, TCS No. 48408 to the Client’s contact person and should reach the Client not later than the closing date. One additional copy shall reach the Bank’s contact person by the same due date. The expression of interest shall be one file (pdf). The Client reserves the right to reject applications of firms submitting more than one file. Only if any limitation on the permissible file size is exceeded, the Consultant may split the expression of interest into further files. Important Notes: 1. The selection will normally be made from responses to this notification only. Consultants will not be asked to submit a proposal. The highest-ranked Consultant will be selected from a shortlist and be invited to negotiate the contract, subject to availability of funding. 2. The shortlist criteria and weightings are as follows: (a) Firm’s previous project experience in project management, legal analysis and contract preparation, procurement of public transport services and financial modelling. (20%) (b) Firm has preferably 10 years’ knowledge of the urban transport sector, with international experience in countries in Central Europe (20%) (c) CV of key Experts : legal experts, transport planner, transport economist with expertise in fares, financial advisor AFC/AVL specialists and local procurement and contracting specialist (60%) 3. Consultants are authorised to send Expression of interest for this Assignment but as well for the Project Implementation Support TCS No. 48406, subject to their capabilities.

Ukraine: Consolidation of Post-trade Infrastructure and Legal Framework Upgrade

 | Published June 8, 2016  -  Deadline June 29, 2016
cpvs

Project Description:

The National Securities and Stock Market Commission of Ukraine has requested the European Bank for Reconstruction and Development (the “EBRD” or the “Bank”) to provide technical assistance for the technical cooperation project “Ukraine: Consolidation of Post-trade Infrastructure and Legal Framework Upgrade” (the "Project").

Currently the integration of the Central Security Depositor (CSD) for Government Securities operated by the National Bank of Ukraine (NBU) into the National Depository of Ukraine (NDU) is planned and it has to be ensured that legal, institutional, operational and IT support is ready for such integration. Bringing Ukraine’s capital market infrastructure (CMI) closer to the best European standards in a phased approach is expected to assist Ukraine in developing its capital markets and attracting investment to the economy.

The introduction of new and the development of available financial sector instruments were amongst the measures identified by the EBRD in order to increase the investment attraction into reliable financial instruments, according to Strategy 2020 (The “Comprehensive Program of Ukraine Financial Sector Development until 2020” ) and in line with EU Action Plan on building a Capital Markets Union.

The market integration and efficiency enhancing objectives are also relevant for the covered bond markets which stand out prominently as a cornerstone of long term finance: they are instrumental for credit institutions to channel cheap finance to the real estate market (namely housing) and the public sector, and have also been used so far in Europe to raise funding on the back of other assets such as loans for the acquisition of aircraft or loans to SMEs.

Issuance volumes show that covered bonds remained throughout significant stressed conditions a more resilient and reliable source of funding for European credit institutions than unsecured debt and other forms of collateralised lending, key to such good performance being the perception that covered bonds are lower risk instruments.

EBRD intends to support the capital market development efforts of the National Security Commission (the “Client”), the NBU and the Government. It is expected that this assignment (the “Assignment”) will lead to a consolidation and upgrade of the post-trade environment in accordance with the reform agenda of the Ukrainian Government.

Assignment Description:

The Bank intends to engage a consulting company (the “Consultant”) for the Assignment to facilitate an improvement and consolidation of financial instruments in Ukraine, as well as improvement of the legislative basis for the post-trade environment infrastructure/services and development of new financial instruments in Ukraine.

The aim of the Assignment is to upgrade the legal and regulatory framework for post-trade infrastructure/services and for the development of new financial instruments (such as ABS/covered bonds).

The selected Consultant is expected to provide the following services:

1. For post-trade infrastructure and services:

(a) Review the existing Ukrainian laws and regulations covering post-trade infrastructure and services in order to identify any existing constraints/inconsistencies/drawbacks;

(b) Advise on the implementation of IOSCO standards and principles (including CPSS-IOSCO “Principles for financial market infrastructures”) in the local laws and regulations;

(c) Support NSSMC in updating and drafting legislation and regulations

(d) Assist NSSMC in drafting the post-trade related legal/regulatory framework.

2. For securitisation/covered bonds:

(a) Review the existing securitisation/covered bonds legal framework/legislation that impacts such instruments in order to identify the legal/regulatory constrains that are currently impeding the development or the market;

(b) Present legal and regulatory solutions (and reasons for adopting them) adopted by countries which have traditional influence on the Ukrainian financial sector and/or have a developed markets for securitisation/covered bonds but also related EU framework and proposed regulations as well as international best practices as identified during the project, including ECB’s initiatives, European Banking Authority advice to the Commission, European Commission’s initiative on high quality securitisation and the Action Plan for a Capital Markets Union;

(c) Advise on implementation of relevant EU legislation (such as relevant provisions that affect ABS/covered bonds from the UCITS Directive, the CRR, Solvency II Delegated Act, LCR Delegated Act, and the BRRD) and proposed initiatives in line with the EU Action Plan on building a Capital Markets Union.

(d) Support NSSMC in drafting legislation and regulations in conformity with European/Example Countries practices (as mentioned in Section 3 or according to potential instructions /suggestions identified and agreed during the project by the OL and the Client).

The Consultant would be expected to, inter alia, prepare the following:

1. Concept papers (the Concept Papers) analysing the legal framework (legislation and regulation) on post-trade infrastructure/services and financial instruments (ABS/covered bonds), advising on the approach to legal reform in Ukraine and providing proposed solutions, underlying reasons and examples from international practice that will serve as the basis for the development of the Ukrainian legal and regulatory framework;

2. A set of legal and regulatory provisions to update/ create the Ukrainian legal framework on post-trade infrastructure/services and financial instruments (ABS/covered bonds).

To ensure a high level of acceptance of the proposed solutions the Consultant should consult with NSSMC and the key stakeholders.

Status of Selection Process: Interested law firm or a law firm in consortium with firm(s) and/or individual expert(s) are hereby invited to submit expressions of interest.

Assignment Start Date and Duration: The Assignment is expected to start in July 2016 and has an estimated overall duration of maximum 28 months.

Cost Estimate for the Assignment: EUR 220,000.00 (exclusive of VAT).

The Consultant must determine whether any VAT would be chargeable on the services and the basis for that determination, without taking into consideration the special status of the Bank as an IFI and state this to the Bank in their response to the Invitation for Expressions of Interest. To the extent that a Consultant incurs input VAT on goods and services purchased in connection with the provision of services (e.g. VAT on airline ticket) which is not otherwise recoverable by the consultant from the local tax authority, the gross cost to the consultant of such expenses shall be treated as a reimbursable expense.

Funding Source: It is anticipated that the contract will be financed by EBRD Shareholder Special Fund. Selection and contracting are subject to the availability of funding.

Eligibility: There are no eligibility restrictions.

Consultant Profile:

The Consultant will be a law firm or a law firm in consortium with firm(s) and/or individual expert(s) with previous project experience in advising regulatory authorities, preferably in Ukraine, on capital market related reform projects; experience focusing particularly on CSD and post-trade development, as well as financial instruments (such as ABS and covered bonds).

The Consultant is expected to propose a team of highly specialised legal experts who will carry out the assignment. The provided expertise should cover all areas as defined in the scope of work.

It is expected that the Consultant’s team of key experts will consist of:

(a) Key Expert 1: Team Leader / Legal Expert

­ preferably 8 years’ of consultancy experience related to capital markets development covering trading, clearing and settlement/and financial instruments (such as ABS and covered bonds);

­ Preferably 5 years of project management experience including acting as Team Leader on similar assignments, including without limitation in minimum 2 similar assignments;

­ Excellent knowledge of international standards and r EU Directives & regulations relevant to the Assignment, as well as relevant latest legislative developments;

­ Previous experience on post-trade infrastructure/services and/or financial instruments (such as ABS and covered bonds) legislation and regulations is preferred;

­ Experience in supporting governments in legal and regulatory reform projects;

­ Excellent communication, analytical, report writing and presentation skills;

­ Assignment related experience including without limitation network with related stakeholders in Ukraine will be an advantage;

­ Proficiency in written and spoken English language.

­ Ability to speak and write in Ukrainian will be an advantage.

­ (b) Key experts 2: Pool of Legal, Regulatory and Subject Experts

­ Preferably 2 years of professional experience as a legal and regulatory expert with focus on capital markets legislation in the post-trade infrastructure and services and/or financial instruments (ABS and covered bonds);

­ As a minimum a Master degree or equivalent in legal studies;

­ Practical experience as legal/regulatory expert in at least one capital market development projects;

­ Extensive experience in drafting laws and regulations;

­ Excellent knowledge of international standards (i.e. PFMI) and EU Directives related to post-trade institutions and activities (i.e. CSDR, EMIR, Settlement Finality, Collateral Management, CRD IV/CRR, MiFID2/MiFIR);

­ Excellent knowledge of EU acquits and initiatives as well as other countries’ legislation (international best practices) on securitisation/covered bonds

­ Knowledge of the international and especially the Ukrainian legal and regulatory environment;

­ Proficiency in written and spoken English language.

It is important that at least one key expert has in-depth knowledge of the Ukrainian capital market/legislation and relevant network experience with local market players, especially institutional investors.

If one expert can cover various expert roles this has to be clearly stated in the Expression of Interest and reflected in the CV(s) and the proposed work plan accordingly.

Key Experts 2 Pool of Legal, Regulatory and Subject Experts should contain some experts fluent in Ukrainian.

Submission Requirements: In order to determine the capability and experience of consultants to be shortlisted, the information submitted should include the following:

1. Company/group of firms’ profile, organisation and staffing (max. 2-4 pages).

2. Details of previous project experience or similar assignments particularly undertaken in the previous five years, including information on contract value, contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided (if different from duration) , main activities, objectives.

3. CVs of key experts who could carry out the Assignment detailing qualifications, experience in similar assignments, particularly assignments undertaken in the previous five years, including information on contracting entity/client, project location/country, duration (mm/yy to mm/yy), expert months provided, assignment budget, main activities, objectives.

4. Completed Consultant Declaration Form and Contact Sheet, the template for which is available from the following web-link:

http://www.ebrd.com/pages/workingwithus/procurement/notices/csu/contact_sheet.doc.

The expression of interest shall not exceed 20 pages (excluding CVs and Consultant Declaration and Contact Sheet).

Failure to submit duly completed and signed Consultant Declaration may result in the applicant being disqualified from the selection process for this assignment.

The complete expression of interest (including CVs, Consultant Declaration and Contact Sheet) should be submitted, in English via eSelection to reach the Bank not later than the closing date. The expression of interest shall be one file (pdf). The Bank reserves the right to reject applications of firms submitting more than one file. Only if any limitation on the permissible file size is exceeded, the Consultant may split the expression of interest into further files.

The EBRD Contact Person:

Marina Matushina

Advisor, Technical Cooperation

European Bank for Reconstruction and Development

One Exchange Square

London EC2A 2JN

Tel: + 44 20 7338 6577

Fax: +44 20 7338 7451

E-mail:MATUSHIM@ebrd.com (DO NOT send the Expressions of Interest to this e-mail address)

Important Notes:

1. The selection will normally be made from responses to this notification only. Consultants will not be asked to submit a proposal. The highest-ranked Consultant will be selected from a shortlist and be invited to negotiate the contract, subject to availability of funding.

2. The shortlist criteria are as follows:

(a) Firm’s previous project experience in advising regulatory authorities, preferably in Ukraine, on capital market related reform projects (40%)

(b) Firm’s previous project experience focusing particularly on CSD and post-trade development, as well as financial instruments (such as ABS and covered bonds) (30%)

(c) CV of Key Experts proposed (30%) (thereof Team Leader (45%), pool of legal and regulatory experts (55%))