State Centre for Defence Military Sites and Procurement

APPROVED during the Procurement committee’s meeting of

18 June 2015Meeting Notes No.: VAMOIC 2015/016-02

REGULATIONS OF OPEN PROCEDURE„Aerial Photography of the Area of the Republic of Latvia”

(Identification No.: VAMOIC 2015/016)

Riga, 2015

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IGENERAL INFORMATION

1. Type of procurement procedure and applicable method:1.1. The Open procedure is organized complying with the requirements of the Law on

Public Procurement of the Republic of Latvia and other regulations governing public procurements.

1.2. Identification number of the procurement procedure: VAMOIC 2015/016.1.3. Title of the procurement procedure: Aerial Photography of the Area of the

Republic of Latvia.1.4. Source of financing for procurement procedure: – state budget (100%).

2. Contracting authority: Latvian Geospatial Information Agency located in 43 Ojara Vaciesa Street, Riga, Latvia, LV-1004.

3. Organizer of procedure: State Centre for Defence Military Sites and Procurement (hereinafter – Centre), located at Ernestīnes iela 34, Rīga, LV-1046. Centre’s working hours: working days from 8:30 until 17:00.

4. Contact person: Managerial information on the Procedure is available from: Senior Desk Officer of Goods and Services Contract and Procurement Division of Legal and Procurement Provision Department – first lieutenant Elīna Brūniņa, e-mail: elina.brunina@vamoic.gov.lv, phone: (+371) 67300288, fax: +371 7300207.

5. Tender security: not required.

6. Advance payment: available up to 20% (twenty percent) of the each year order. The arrangements for the payment in accordance with the provisions of the Draft contract.

7. Tenderer: supplier who has submitted an offer.

8. Subject of the procurement and amount:8.1. The subject of procurement: aerial photography of area of Republic of Latvia

(hereafter – Service) from 2016 till 2018 for update cartographical data base, not exceeding 67 400 km2 in compliance with Technical specification (Annex 2).

8.2. CPV code: 79961200-0.8.3. Amount of procurement - stereoscopic photography of the territory of Latvia and

nearest frontier area complying with a chart of the Technical specification‘s Annex. Area is divided in three parts (hereafter – Stages of Service):

8.3.1. area to be photographed in 2016 – 22 400 km2, acceptable deviation +/-5%;8.3.2. area to be photographed in 2017 – 23 450 km2, acceptable deviation +/-5%;8.3.3. area to be photographed in 2018 – 21 550 km2, taking into account the

deviation in scope from 2016 and 2017, i.e., the remaining area.8.4. Tenderer may submit only one version of the bid, for the full amount of the subject

of the procurement. 9. Offer selection criteria: offer complying with the requirements of the procedure

regulations and the technical specification with the lowest price in Euros, VAT not included.

10. Service location: at the request in the territory of the Republic of Latvia.11. Offer submission place, date and time:

11.1. The deadline for offer submission is: 14:00 pm on 08 September, 2015, address: Centre, located at Ernestīnes iela 34, Rīga, LV-1046.

11.2. Documents shall be submitted in person or sent by mail in a closed and sealed envelope to Secretariat of Centre, Ernestīnes iela 34, Rīga, LV-1046, Latvia. If

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the Tenderer sends the offer by post, it is the Tenderer’s responsibility to ensure a timely receipt of the offer.

11.3. Offers received after the deadline for submission of offers are not opened and are sent back to the submitter unopened.

12. Regulations of the procurement procedure, requests and responses for additional information12.1. The Regulations are publicly available on Ministry of Defence web-site

http://www.mod.gov.lv/lv/Papildriki/Iepirkumi/ section „Uzaicinājumi”.12.2. Procurement committee and the interested supplier exchange information in

writing. Any information provided verbally is not binding within the procedure.12.3. Questions regarding the Regulations shall be in writing and shall be submitted by

post services to Ernestīnes iela 34, Rīga, LV-1046, by fax: +371 67300207 or e-mail: elina.brunina@vamoic.gov.lv.

12.4. If the interested supplier has timely requested additional information, Procurement committee shall provide it within 5 (five) days, but no later than 6 (six) days before the deadline of submission of the offer. The day of the receipt of the questions shall be the day when a mailed letter is registered at the Secretariat of the Centre, but for e-mailed or faxed letters – the date of the receipt shown on the respective technical media. For e-mails and faxes received outside the working hours of the Centre, the date of the receipt shall be the following working day.

12.5. Procurement committee provides information to the interested supplier that has submitted a request for additional information/asked questions using mail, fax or e-mail depending on the method the request was submitted and simultaneously (same day/within one day) published the information on Ministry of Defence web-site http://www.mod.gov.lv/lv/Papildriki/Iepirkumi/ section „Uzaicinājumi” with the Regulations. If the interested supplier’s requested information has been published on the Ministry of Defence web-site it is considered that the interested supplier has received the additional information. The Contracting authority is not responsible if the interested supplier has failed to acquaint itself with the information that is readily available on the Ministry of Defence web-site.

12.6. With downloading the Regulations the interested supplier undertakes to follow all future changes in the Regulations, as well as Procurement committee’s answers to the questions submitted by interested suppliers that will be published on Ministry of Defence’s web-site http://www.mod.gov.lv/lv/Papildriki/Iepirkumi/ Section „Uzaicinājumi” with the respective Regulations.

IIREQUIREMENTS FOR PREPARATION AND SUBMISSION OF THE

OFFER13. Tenderer shall prepare and submit the offer in accordance with the following

requirements:13.1. All documents shall be in Latvian or English; 13.2. Offer documents and its copies shall be submitted in one package ensuring

against an unauthorized access without damaging the package;

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13.3. Pages shall be numbered;13.4. All documents of the offer must be thread-bound with a strong thread or string.

The place of bounding shall be prepared in compliance with the requirements of the Regulations of the Cabinet of the Ministers No.916 (dated 28 September 2010) “Regulations on Preparation and Formatting of the Documents”. The offer must be prepared in a way that would not allow any substitution of pages without damaging the fastening;

13.5. Documents of the offer must be clearly legible, without corrections and erasures;13.6. Table of contents shall be placed at the beginning of the offer. If the offer is

submitted in several volumes, each volume must have a separate table of contents and the table of contents of the first volume must contain the number of volumes and number of pages in each volume;

13.7. Documents shall be arranged in the following order: 13.7.1. Procedure application – Financial offer (Annex 1);13.7.2. Statement from the Register of Enterprises;13.7.3. Qualification documents;13.7.4. Technical offer (Annex 3).

13.8. If the offer or parts of if contain trade secrets, the offer pages containing such information shall be marked with “Trade Secret”, except the cases outlined in the Law on Public Procurement;

13.9. The Tenderer shall submit offer in one original and two copies. The title page of the original must be marked with a note “ORIGINAL” and title pages of the copies must be marked with a note “COPY”;

13.10. Supplements, amendments to the offer or withdrawals of the offer may be submitted in written format until the deadline for submission of the offers either personally or sent by mail to the Centre’s Secretariat, address: Ernestīnes iela 34, Rīga, with a corresponding note “SUPPLEMENT”, „AMENDMENT” or “WITHDRAWAL”.

14. Withdrawal is irrevocable and it excludes Tenderer’s withdrawn offer from further participation in the Procedure.

15. Offer shall be submitted in a sealed packaging. The place of the sealing shall be marked with the Tenderer’s stamp and signature.

16. The package shall be marked with: Procurement committee of the

State Centre for Defence Objects and Military SitesErnestīnes iela 34, Rīga

LV-1046Name of the TendererAddress and phone of the Tenderer

Offer for Open Procedure„ Aerial Photography of the Area of the Republic of Latvia”

(Identification No.: VAMOIC 2015/016)

Not to be opened before 14:00 pm on 08 September 201517. In case of any discrepancy in the materials of the Original and Copies of the offer, the

Original shall prevail.

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18. Opening of the offers18.1. The opening of the Offers commence after the deadline for submission of the

offers. The offer opening meeting is organized in accordance with the Law on Public Procurement.

18.2. Due to the access control system, the interested suppliers shall notify of their participation in the offer opening meeting in a timely manner by contacting the point of contact provided in the Regulations.

IIITENDERER’S QUALIFICATION REQUIREMENTS, REQUIRED DOCUMENTS,

VERIFICATION AND EXCLUSION19. Qualification requirements:

19.1. Tenderer shall be registered as required by the law and in accordance with the procedures prescribed by law;

19.2. Tenderer at the moment of the submission of the offer shall have experience in digital aerial photography within last 3 (three) years at least 67 400 km2 in total.

19.3. Tenderer shall have employees who have experience in performance of aerial photography works.

19.4. The Tenderer’s specified aircraft pilot has the appropriate qualifications and valid aircraft pilot licence.

19.5. Tenderer has appropriate instruments and technical equipment:19.5.1. airplane/s that has all permissions and licences needed (air operator’s

certificate, aircraft registration certificate, certificate of aircraft airworthiness, valid insurance certificate).

20. Procedure application and qualification documents20.1. To confirm its participation in the Procedure, the Tenderer shall submit the

Application – financial offer (using Annex 1 form).20.2. The original of the Application must be signed by Tenderer’s representative with

the rights of representation or its authorized person. If the Tenderer is a Supplier association and the rights of representation have not been specified in the association’s agreement, the original of the procedure application must be signed by a representative of each person included in the Supplier association that has the rights of representation.

20.3. In order for the Procurement committee to verify the rights of representation of the Tenderer, the Tenderer shall submit a valid statement (an original or a copy attested in accordance with the Regulations of the Cabinet of Ministers No. 916 (dated 28 September 2015) “Regulations on Preparation and Formatting of the Documents”; hereinafter – attested copy) from the Register of Enterprises of the Republic of Latvia indicating the Tenderer’s representatives with the rights of representation and the scope of the representation (information weather the person/s is/are authorize to represent the Tenderer individually or together with other person/s).

If the application is signed by a person other than the person indicated in the statement from the Register of Enterprises, the Tenderer shall submit an authorization (an original or an attested copy) from the person with the rights of representation to another person to sign the application.

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20.4. Qualification documents:20.4.1. An acknowledgment of the Tenderer’s experience in digital aerial

photography during last three years in form of the Annex 4.20.4.2. Tenderer’s acknowledgment about employees directly involved in the

execution of the Service (e.g., photographers, pilots etc.) education, professional qualification, work experience and its description.

20.4.3. Copy of the aircraft pilot licence valid for flights.20.4.4. Copy of the air operator’s certificate issued to the Tenderer.20.4.5. Information on technical equipment that will be used for the provision of

the Service:20.4.5.1. copy of the aircraft registration certificate;20.4.5.2. copy of certificate of aircraft airworthiness;20.4.5.3. insurance certificate original or attested copy (if the insurance period

has ended, Tenderer has to submit latest valid insurance certificate and a Tenderer’s acknowledgement which identifies the date (deadline) by which appropriate insurance will be provided).

20.5. If the Tenderer is a Supplier association, the Tenderer shall submit: 20.5.1. Document specified in Clause 20.3. for each member of the Supplier

association;20.5.2. Partnership agreement (an original or an attested copy), signed by the

representative with the rights of representation or respectively authorized person of the members of the Supplier association. The agreement shall specify the main member that will represent the Supplier association and will sign the offer documents on behalf of all members of the Supplier association. The agreement shall specify the persons incorporated in the Supplier association as well as the extent of liability of each person (the amount of work to be performed);

20.5.3. An acknowledgment that in case the group of persons (Supplier association) shall be awarded the contract, the Supplier association at the request of the Contracting authority, before the conclusion of the contract, will register a general partnership in accordance with the laws and regulations of the Republic of Latvia with specific responsibilities of each member. The Contracting authority shall notify of this requirement together with the decision on the results of the Procedure.

20.5.4. Documents specified in Clause 20.4.1.-20.4.3. for member of the Supplier association, who will provide the Service.

20.6. If the Tenderer is a partnership, the Tenderer shall submit:20.6.1. Document specified in Clause 20.3. for each member of the partnership;20.6.2. Partnership agreement (an original or an attested copy). The agreement shall

specify the main member that will represent the partnership and will sign the offer documents on behalf of the partnership. The agreement shall specify the persons incorporated in the partnership as well as the extent of liability of each person (the amount of work to be performed).

20.6.3. Documents specified in Clause 20.4.1.-20.4.3. for member of the partnership, who will provide the Service.

20.7. Subcontractors and documentation requirements:20.7.1. If needed for the execution of the contract, the Tenderer may utilize

subcontractors;20.7.2. Information on the parts and the amount (%) of contract delegated to

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subcontractor (using Annex 5 form);20.7.3. Valid documentation concluded with Tenderer and acknowledging the

readiness of each subcontractor to perform the delegated parts of the contract (attested copy of cooperation agreement or an original of a letter of consent, signed by the subcontractor’s representative with the rights of representation or its authorized person).

20.7.4. The rights of representation of the subcontractor are acknowledged by submitting document specified in Clause 20.3. for each subcontractor;

20.7.5. Documents specified in Clause 20.4.1.-20.4.3. for subcontractor, who will provide the Service.

20.8. If for the execution of the contract the Tenderer relies on the capabilities of other contractors, the Tenderer shall submit acknowledgments or agreements from these contractors with the Tenderer concerning the cooperation in the execution of the contract and/or regarding the transfer of resources to Tenderer. These documents shall be signed by the representative with the rights of representation or its authorized person of the contractor who’s capabilities the Tenderer will rely on in the execution of the contract.20.8.1. Document specified in Clause 20.3. for each contractor who’s

capabilities the Tenderer will rely.

20.9. Foreign Tenderers:20.9.1. Foreign Tenderers shall comply with the requirements of the Clause 19.1.

and shall submit documents that verify the compliance thereof. The document shall be issued by the respective foreign institution, organization or person who in accordance with the laws and regulations of the Tenderer’s country of registration is authorized to issue such documents. If rules and regulations of the Tenderer’s country of registration do not require issue of documents of registration as prescribed by Clause 19.1., the Tenderer shall submit an acknowledgment or explanation thereof.

20.9.2. Foreign Tenderer may submit document other than that specified in Clause 20.3., but it shall contain information on the authorized persons with the rights of representation and the scope of the representation.

21. If the offer is not signed by the person with the rights of representation, the Procurement committee shall make a decision to refuse to review the offer.

22. If the Tenderer (as a contractual party to an agreement or a member or participant of a contractual party) has failed to execute a procurement agreement with this Contracting authority and thus the Contracting authority has exercised the right of the procurement contract to unilaterally withdraw from the procurement contract, the Procurement committee shall have the right to exclude the Tenderer from further participation in the Open procedure, as well as not to review the Tenderer’s offer (in accordance with the regulations of the Law on Public Procurement, Paragraph 39.2).

23. Assessment of the Tenderer’s qualification23.1. Procurement Committee assesses the Tenderer’s qualification.23.2. Tenderer is eliminated from further participation in the Procedure if the

Procurement Committee establishes the fact that:23.2.1. The Tenderer has failed to provide qualification documents according to

Clause 20 and/or the content of qualification documents does not comply with requirements of Clause 20;

23.2.2. Tenderer has failed to submit the required information, has failed to submit the additional information requested by the Procurement committee within the deadline set by the Procurement committee, or has

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provided untruthful information regarding its qualification;23.2.3. Tenderer does not conform to the requirements of Clause 19.

IV TECHNICAL OFFER

24. Documents to be submitted:24.1. The tenderer shall submit a comprehensive description of the offered service

in the form stipulated in the Annex 3 in accordance with the technical specification (Annex 2).

24.2. A reference (a copy) issued by the manufacturer of the digital frame camera or by the calibration centre which is recognized internationally or which is notified by the camera manufacturer regarding calibration of the digital frame camera that will be used for performance of the service. The camera shall be calibrated not earlier than 2 (two) years before carrying out the photography.

24.3. The technical offer shall be submitted electronically as well on an external data carrier (CD or flash memory and the like) in a Microsoft Word or Microsoft Excel data format in one copy.

25. Technical offer shall contain the following information: 25.1. Acknowledgement that elimination of deficiencies caused by poor quality service

or service which does not comply with the terms of the contract will be carried out based on the drawn-up statement of identified deficiencies and in compliance with the technical specification requirements for the picture quality and flying conditions, besides, it will be done within the stipulated service performance deadline;

25.2. Other equipment and software available to the tenderer which is necessary for taking and processing of the digital aerial pictures in order to provide compliance with the requirements of the technical specification.

26. Assessment of the conformity of the Technical offer.26.1. Procurement committee shall perform the assessment of the conformity of the

Technical offer.26.2. The Tenderer shall be eliminated from further participation in the Procedure

and its offer is not evaluated, if the Procurement Committee establishes the fact that:26.2.1. Tenderer has not submitted the Technical offer documents or the

documents or the content of the documents do not comply with the requirements of the Clause 24 and 25;

26.2.2. Technical offer does not comply with the Technical specification;26.2.3. The offer has not been submitted for the full amount of the subject of

the procurement and/or two or more offer variants have been submitted.

V FINANCIAL OFFER

27. Tenderer shall indicate the following information in the Financial offer:27.1. Offer price in EUR. The offer price shall be determined and indicated with the

accuracy of two (2) digits after the decimal point;

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27.2. Offered price shall include all costs associated with execution of the procurement subject and all state and municipality imposed taxes and duties without VAT.

27.3. The Tenderer shall submit detailed price formation mechanism for 1 km2, including all costs associated with the implementation of the Service – fuel prices, salary of all employees, data processing, profits, and other costs and risks.

28. Evaluation of the Financial offer28.1. The Procurement Committee evaluates the financial offers of the Tenderers

that passed the assessment of the conformity of the Technical offer. The offer is valued at EUR.

28.2. The Procurement Committee examines the offers for arithmetical errors. 28.3. During the evaluation of the Financial offer the Procurement committee acts

according to the Section 56 part three of the Law on Public Procurement.28.4. The Procurement committee assesses whether an offer of unjustifiably low cost

has not been submitted and acts according to the Section 48 of the Law on Public Procurement. If the Procurement committee establishes the fact that an offer of unjustifiably low cost has been submitted, the offer is rejected.

VI VERIFICATION OF INFORMATION BEFORE MAKING THE DECISION ON

CONTRACT AWARD

29. According to Section 39, Paragraph one, Clause five, six and seven of the Law on Public Procurement, the Procurement committee shall verify the information regarding the Tenderer who would be granted the contract award in order to assess if the Tenderer is not to be excluded from the participation in the procurement procedure.

30. Regulations on exclusion of the Tenderer:30.1. Tenderer is excluded from further participation in the procurement procedure if

within the last 3 (three) years since the day the offers have been submitted the Tenderer or the person who is a member of the board or the council of the Tenderer, or a procurator, or a person who is authorized to represent the Tenderer in actions related to a subsidiary, has by such a judgement of a court or a punishment prescription of a prosecutor that has entered into effect and is non-disputable and not subject to appeal been found guilty of committing any of the following criminal offences:30.1.1. taking of bribes, bribery, bribe embezzlement, mediation for bribery,

acceptance of unauthorized benefit or commercial bribery;30.1.2. fraud, embezzlement or money laundering;30.1.3. evasion of taxes and equivalent payments;30.1.4. terrorism, financing of terrorism, invitation to terrorism, threats of

terrorism or recruitment and training of a person for execution of an act of terrorism.

30.2. Tenderer is excluded from further participation in the procurement procedure if within the last 3 (three) years since the day the offers have been submitted the Tenderer has by such a decision of a competent authority or a judgment of a court which has entered into effect and has become non-disputable and not subject to appeal been found guilty of employment of one or more citizens or

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nationals of the countries that are not members of the European Union if they reside in the territory of the European Union country illegally.

30.3. Tenderer is excluded from further participation in the procurement procedure if within the last 12 (twelve) month since the day the offers have been submitted the Tenderer has by such a decision of a competent authority or a judgment of a court which has entered into effect and has become non-disputable and not subject to appeal been found guilty of employment of an individual without written labour contract by failing to provide informative declarations on the employees who assume employment by the deadline set forth in the tax rules and regulations.

30.4. Tenderer is excluded from further participation in the procurement procedure if within the last 12 (twelve) month since the day the offers have been submitted the Tenderer has by such a decision of a competent authority or a judgment of a court which has entered into effect and has become non-disputable and not subject to appeal been found guilty of fraudulent competition in a form of vertical agreement with a purpose to impair customer’s freedom to define the resale price or horizontal cartel agreements, except when the respective institution at the moment of identification of the breach of competition rights has released the Tenderer from the penalty or has decreased the penalty for cooperation within the framework of the leniency program.

30.5. Tenderer is excluded from further participation in the procurement procedure if insolvency proceedings have been declared for the Tenderer, the economic activity of the Tenderer has been suspended or discontinued, legal proceedings have been initiated regarding the bankruptcy of the Tenderer or it is determined that the Tenderer will be liquidated.

30.6. Tenderer is excluded from further participation in the procurement procedure if the Tenderer has tax debts in Latvia and a country where it is registered or permanently residing, including debts of mandatory State social insurance contributions in total exceeding 150 Euros in each country.

30.7. Exclusion regulations mentioned in Clauses 30.1-30.6 are applicable to all members of a partnership, if the Tenderer is a partnership, as well as all members of a Supplier association, if the Tenderer is a Supplier association.

30.8. Exclusion regulations mentioned in Clauses 30.2.-30.6 are applicable to Tenderer’s subcontractors who provide Service with a value at least 20% (twenty percent) of the total public procurement service contract value.

30.9. Exclusion regulations mentioned in Clauses 30.2.-30.6 are applicable to the person who’s capabilities the Tenderer relies on to comply with the qualification requirements of the Procedure regulations.

30.10. Procurement committee obtains the required information to verify the information regarding the requirements of the Clauses 30.1.-30.4. from the Information centre of the Ministry of Interior (Penalty register);

30.11. Procurement committee obtains the required information to verify the information regarding the requirements of the Clause 30.5. from the Register of Enterprises;

30.12. Procurement committee obtains the required information to verify the information regarding the requirements of the Clause 30.6. from the State

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Revenue Service and the Latvian municipalities.30.13. In case it is concluded that the Tenderer (to include any member of a Supplier

association or partnership) to be granted the rights of contract award has tax liabilities, to include debts of mandatory State social insurance contributions in total exceeding 150 Euros, the Procurement committee shall request that within 10 (ten) working days a statement (attested by the respective person or its representative) is submitted from Electronic declaration system of the State Revenue Service or a statement issue by a municipality verifying that since the day of the receipt of the request from the Procurement committee the person has no tax liabilities including debts of mandatory State social insurance contributions in total exceeding 150 Euros.

30.14. Requirements towards foreign Tenderers:30.14.1. In case a foreign Tenderer is to be granted the contract award, the

Procurement committee requests documents issued from respective competent institutions that would verify the Tenderer’s compliance with the requirements of the Clauses 30.1.-30.6. Deadline for submission of such documents shall be no less than 10 (ten) working days after the request has been issued or sent out. If the respective Tenderer fails to provide the requested documents, the Tenderer shall be excluded from further participation in the procurement procedure.

30.14.2. If documents verifying the compliance of the Tenderer with the requirements of the Clauses 30.1.-30.6. are not issued in the country of registration or permanent residency, such documents can be substituted by an oath or, if giving an oath is not prescribed by the laws and regulations of the respective country, substituted by an acknowledgment made by the Tenderer itself (or a member of the Supplier association, or sub-contractors, or members of partnership or person who’s qualification the Tenderer is relying on to justify its qualification) to a competent institution of the executive or judicial authority, sworn notary or a competent subject-matter organization in the country of registration (permanent residency).

31. Decision on the contract award and the conclusion of the contract31.1. The Procurement Committee awards the contract to the Tenderer who has

submitted an offer complying with the terms and conditions of the Regulations of the Procedure at the lowest price (not including VAT).

31.2. The Procurement Committee informs Tenderers in writing about the results of the Procedure within 3 (three) working days after the day the decision is made.

31.3. Procurement Contract between the Contracting authority and the winner of the Procedure is concluded according to the Law on Public Procurement not earlier than the next day after the waiting period. Procurement Contract is prepared by the organizer of the Procedure on the basis of the decision of the Procurement committee about contract award, the Draft Contract (Annex 6) annexed to the Regulations of the Procedure and the offer of the winner of the Procedure.

31.4. The winner of the Open Procedure shall sign the contract within five (5) working days starting from the day when the invitation to sign the contract has been sent by Contracting authority. If the winner of the Procedure fails to sign the contract within the deadline, it shall be noted as a rejection to conclude the procurement

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contract and the Procurement committee shall act in accordance with the Law on Public Procurement.

31.5. Upon request of the Procedure organiser the Supplier association who is chosen to conclude the contract with must register a partnership in Register of Enterprises of the Republic of Latvia in accordance with Clause 20.5.3. of the Procedure Regulations and in compliance with the scope of responsibility indicated in the Offer within 10 (ten) working days from the date when the decision on contract award has been published online at Procurement supervision bureau web-page. The Contract with Supplier association is concluded after the Merchant’s registration certificate (a copy) has been submitted to the Contracting authority. If partnership is not registered within ten (10) working days from the date when the decision on contract award has been published online on Procurement supervision bureau’s web-page, it is considered as Tenderer’s (Supplier association’s) rejection to sign the procurement agreement.

VIIRIGHTS AND OBLIGATIONS OF THE PROCUREMENT COMMITTEE

32. The Procurement Committee acts according to the Law on Public Procurement, Procedure Regulations and the order No.82 issued by Centre on 16 February 2015.

33. Rights of the Procurement committee:33.1. To request (in writing) to clarify submitted information and to provide detailed

explanations. Such requests may only be issued for the purpose of clarification of information needed to compare and evaluate the offers, and do not grant any rights to the Tenderer to request to change its offer;

33.2. To verify the reliability of any information submitted by Tenderer;33.3. If the Procurement committee has doubts about the truthfulness of the

information included in the Tenderer’s offer or authenticity of the document copies, the Procurement committee is authorized to request the Tenderer to verify truthfulness of the information and/or to present an original document or issue an attested copy of a document.

33.4. To involve external experts with consultative rights in the work of Committee;33.5. During the meeting of the offer opening, in the presence of the representatives of

the Tenderers, to bound together the original of the Tenderer’s offer if it has not been bound together. In such case the Procurement Committee shall not be responsible for the content of these documents;

33.6. To request from the Tenderer information on the Price formation mechanism for the offered Goods and/or Services;

33.7. To reject an Offer if it has not been submitted in accordance with the requirements of the Regulations and/or its content does not comply with the requirements of the Regulations and/or the Tenderer has submitted untruthful information for the assessment of its offer or has failed to submit the required information, including has failed to submit the additional information requested by the Procurement committee within the deadline set by the Procurement committee;

33.8. To reject Tenderer’s offer if the Tenderer changes or supplements the information included in the offer during any stage of the evaluation process;

33.9. To perform other activities in accordance with the Law on Public Procurement, other rules and regulations and these Procedure Regulations.

34. Obligations of the Procurement Committee:

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34.1. To review the offers of the Tenderers submitted within the set offer submission deadline;

34.2. To make the decision on the results of the Procedure;34.3. To perform other activities in accordance with the Law on Public Procurement,

other rules and regulations and these Procedure Regulations.

VIIIRIGHTS AND OBLIGATIONS OF THE SUPPLIER / TENDERER

35. Rights of the Supplier/Tenderer:35.1. To request from the Procurement committee additional information about

Procedure Regulations by submitting a written request in a timely manner;35.2. To request an acknowledgment of the receipt of the offer when submitting the

offer;35.3. To perform other activities in accordance with the Law on Public Procurement,

other rules and regulations and these Procedure Regulations.

35.4. Obligations of the Supplier/Tenderer:35.4.1. At the Procurement committee’s request within the deadline set by the

Procurement committee respond and give explanations in writing to the questions and request asked regarding the offer,

35.4.2. Provide truthful information in the offer;35.4.3. At the Procurement committee’s request within the deadline set by the

Procurement committee, provide in writing the information on the Price formation mechanism of the Goods and/or Services;

35.4.4. By submitting the offer each Tenderer undertakes to comply with all terms and conditions of the Procedure Regulations as the basis of the execution of the procurement;

35.4.5. To perform other activities in accordance with the Law on Public Procurement, other rules and regulations and these Procedure Regulations.

IXOTHER PROVISIONS

36. Other obligations related to the procurement procedure, if not prescribed by these Regulations, shall be determined in accordance with the valid laws and regulations of the Republic of Latvia.

37. The Open Procedure Regulations have been prepared and approved in Latvian language on 41 (forty one) pages with unofficial translation into English, consisting of the text of the Regulations on 13 (thirteen) pages and 6 (six) annexes on 28 (twenty eight) pages that are an integral part of these Regulations:

1. Annex 1 – Application – Financial offer (form) on 2 (two) pages;2. Annex 2 – Technical specification on 5 (five) pages;3. Annex 3 – Technical offer (form) on 7 (seven) pages;4. Annex 4 – Acknowledgment on experience on 1 (one) page;5. Annex 5 – List of subcontractors on 1 (one) page; 6. Annex 6 – Draft Contract on 12 (twelve) pages.

Head of Procurement committee M.Ozoliņa

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Annex 1 to Regulations of theProcedure with Identification No.  VAMOIC 2015/016

A P P L I C A T I O N - F i n a n c i a l o f f e r

Note! Tenderer shall fill out the empty fields

Procurement: Aerial Photography of the Area of the Republic of LatviaIdentification No. VAMOIC 2015/016

To: State Centre for Defence Military Object and ProcurementErnestīnes ielā 34,Rīga, LV-1046,Latvija

Honourable Committee,

1. In accordance with the Regulations of the Procedure, we, the undersigned, confirm that we agree to the terms and conditions of the Procedure. We offer to do aerial photography of territory of Republic of Latvia in accordance with the requirements of the Regulations for the total amount of:

Periods Amount, km2 Price of 1 km2 Total price EUR

excluding VAT

1. Year 2016 22 400

2. Year 2017 23 450

3. Year 2018 21 550

Total sum of the offer

Total sum of the offer (excluding VAT) in words ____________________________ .

2. Detailed price formation mechanism for 1 km2 attached to the offer on _______ page.

3. If the Tenderer is a Supplier association: 3.1. Persons that form the Supplier association (name, registration No., legal

address):

3.2. Extent of the liability of each person:

4. We agree that the procurement committee can be given the opportunity to obtain information and become acquainted with the possibilities for execution of the service under the procurement contract (technical equipment for aerial photography and the technical equipment necessary for the processing of data).

5. We acknowledge that during thethe Service execution, if requested, we will ensure a possibility for a representative appointed by the Contracting Authority to be present in the plane during the execution of aerial photography works and to monitor the flight route plan for aerial photography of the area, agreed upon in advance, and the requirements of the competent institutions regarding the execution of the works.

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6. We certify that according to the legislation of our country we have rights (we have all permissions and licences etc.) to provide the Service required in Procedure.

7. We agree with the terms and conditions of the draft Contract annexed to the Regulations of the Procedure.

8. We certify that all the documents attached comprise our offer.9. Information on the Tenderer or person that represents the Supplier association in the

Procedure:

Name of the Tenderer: _____________________________________________Registered:_________________________________________________________With No.: ____________________________________________________________Legal address:____________________________________________________

Office address: ______________________________________________________Contact person: ____________________________________________________

(name, surname, positions)Telephone: __________________________________________________________Fax: ____________________________________________________________E-mail address: _____________________________________________________Taxpayer Registration No.: ____________________________________Bank: ____________________________________________________________Code: _____________________________________________________________Account: ____________________________________________________________Telephone: __________________________________________________________

Hereby I assume full liability for the document package submitted for the Procedure, the information included therein, the layout, and compliance with the requirements of the Procedure Regulations. The provided information and data is true.

The document package of the offer consists of _________ (_____________) pages.

Signature: Name, surname: Position:

The Application-financial offer has been drafted and signed (Date, month, year)

place for stamp

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Annex 2 to Regulations of theProcedure with Identification No.  VAMOIC 2015/016

TECHNICAL SPECIFICATIONS

Part 1: Aircraft, camera and associated equipment

Parameter Minimum requirements

Aircraft

A suitable aircraft must be used to ensure the compliance with the specified requirements of Technical Specifications

Navigation instrumentsThe aircraft is required to have proper navigation aids, such as GNSS/INS equipment, which is essential for accurate navigation

Camera

General requirements

Digital frame camera (hereinafter, Camera) shall be used for executing aerial photography and shall ensure that the requirements of Technical specifications for aerial photography are complied with. The camera should have a format that ensures the delivery of digital images corresponding to central projection with a minimum size 7000x13000 pixels

Calibration

The digital camera should be calibrated by its manufacturer or by a calibration centre, recognized internationally or approved by Camera manufacturer, at least two years before carrying out the photography

Camera mounting

The camera should be installed on a mounting device that attenuates the effects of the aircraft vibration and other side effects

Camera windows

The camera windows should not have defects that may adversely affect the object resolution and distortion (no scratches and other heterogeneities)The camera window should be mounted in a material preventing mechanical deformation to the window.

Part 2: Flying rules and photographic coverage

Parameter Minimum requirements

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Photographic coverage,

altitude and direction

The area should be covered by approximately straight runs (strips). The straight runs should ensure high quality vertical image acquisition and the flight height should ensure the desired pixel size of not less than 0.25 meters in nature.

The direction of flight lines and the spacing between them should be planned by the Contractor so as to satisfy the overlap conditions.

The forward overlap between successive exposures in each run should be minimum 60 per cent.

The side overlap between adjacent strips should be minimum 30 per cent.

If the endings of the runs are added to other runs flown in the same direction, there should be an overlap of at least two stereoscopic models. If there is a different aerial image scale, it should be in the smallest aerial image scale.

Image heel should not exceed 5° when measured between the base line and the line parallel to the frame of the image nor create gaps in the stereoscopic coverage.

Image tilt normally should not exceed 2°. However, 10 % of a total area exposure with up to 4° may be permitted.

Shall few exposures in a run be rejected because of clouds, unsatisfied quality or insufficient overlap, rejected runs should be compensated by ensuring an overlap of at least two stereoscopic models at both ends of the coverage.

Runs should be parallel when it is possible and should ensure continuous coverage of the area by taking aerial photography within the blocks. Approximate (indicative) block division is shown in Annex of the Technical Specifications.

Specific block territories, their photography sequence within a year and the routing schemes should be approved by the Contracting Authority in writing and follow the Contracting Authority's written instructions.

Flying conditions Aerial photography should be done from May 1 to May 31. The aerial photography can be executed during a different time period if this has been coordinated with the Contracting Authority in writing and the Contracting Authority has agreed to in writing.

Photography cannot be taken if snow covers more than 10% of the area of each digital image.

Photography can be taken at any suitable solar altitude above 30 degrees.

Photography can only be taken in the conditions when the visibility does not significantly negatively affect the colour tone reproduction in the digital image.

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In the digital image clouds, dense cloud shadows or smoke cannot be situated above any central point of the image or homologic points in adjacent images. Single mass of clouds, dense cloud shadows or smoke cannot cover more than three per cent of the total area of photography.

Elimination of defects

In the cases when the quality of images does not correspond with the Technical Specifications, the elimination of the deficiencies should be provided latest within two months after the signing of the Act of Deficiencies following the requirements for executing photography defined in the specifications.

In case the elimination of deficiencies in accordance with the set requirements for the photography and the quality of the digital images of the specification is not possible within 2 (two) months after the signing of the Act on Deficiencies, the elimination of the deficiencies shall be done at another time coordinated with the Contracting Authority in writing or at the time indicated by the Contracting Authority.

Part 3: Digital image quality

Parameter Minimum requirements

Digital image quality

The digital image should be obtained in the part of the electromagnetic spectrum securing colour (RGB), infrared (CIR) and panchromatic (PAN) image acquisition.Electronic forward motion compensation should be used by the camera to ensure that uncompensated forward motion does not exceed 10 micrometres.The camera shutter speed should not be longer than 1/250 of a second in order to reduce the image movement caused by rotations.The Contractor should select filters to ensure a suitable colour tone reproduction.

Part 4: GNSS data

Parameter Minimum requirements

Post-processed GNSS coordinates

GNSS coordinates for each image centre should be obtained and delivered in accordance with Part 5 of the Technical Specifications.

Part 5: Summary of requirements and materials to be delivered

Parameter Minimum requirements

Area to be photographed

Seamless stereoscopic photography of territory of the Republic of Latvia and its border area (67400 km2) in years 2016, 2017 and 2018, all the area being divided into three parts according to the attached aerial photography planning scheme.

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Type of images

Colour (RGB), infrared (CIR) and panchromatic (PAN) digital images where 1 data pixel corresponding to minimum 0.25 m in the nature should be simultaneously obtained.

Images should provide a stereoscopic image where both images are colour (RGB) images.

The geometric accuracy of images should be within one pixel. Images may not have any damages (for example, streaks not compliant with the actual image in the nature, colour distortions, lost data, hot spots). The sharpness of images should be sufficient for ensuring good visibility of terrain objects (in compliance with the resolution).The images should be of the quality and the precision suitable for producing topographic maps and orthophotos in photogrammetric way, by applying the stereo devices available to the Contracting Authority (PLANAR and NVIDIA 3D Vision.)Radiometric resolution of the data should be 12 bits or higher.The delivered digital images should comply with the central projection geometry.The delivered digital images should be processed to the level when they can be processed with the software PHOTOMOD produced by the company "Racurs", as well as the digital photogrammetry software LPS (LPS Core) produced by the company "Intergraph".The operator should do the aerial triangulation process if the data format of the delivered data does not permit doing aerial triangulation works by using "Racurs" PHOTOMOD software, as well as the "Intergraph" digital photogrammetry software LPS (LPS Core).

Materials to be delivered

Latest within 1 (one) month following the day of photography, the following data and materials of the execution of photography works should be delivered on external HDD disks:

1) digital image files obtained during the aerial photography;2) processed GNSS coordinates for each aerial

image centre in LKS-92 TM coordinate system and heights in the Latvian normal heights system (LAS-2000,5);

3) inertial measurement data (IMU - Inertial Measuremet Unit);4) report of aerial triangulation of aerial images (if applicable)

specifying the linkage points measurements, the ground control points measurements and data levelling results and the aerial triangulation accuracy indices.

Latest within 1 (one) month following the day of photography, in addition to the aerial photography data of the present technical specification, the following metadata information shall be submitted in the ESRI Shapefile format:1)  the company which has performed aerial photography (name,

e-mail address), the date of the preparation of the metadata, the metadata language (English);

2)  the experts who were involved in the execution of the aerial photography works (name, surname, e-mail, the type of the works where the expert was engaged);

3)   cameras and their technical parameters (number, model, manufacturer and technical parameters);

4)   calibration of the cameras (the performed of calibration, the venue of calibration and obtained parameters);

5)  the aircraft(-s) used for aerial photography (number and 19

type);6) the navigation system used for aerial photography (the

navigation device, GNSS and IMU devices);7)  the time of obtaining the aerial photography data (date, the

time of beginning and completing the aerial photography);

8)   the GPS/IMU processing parameters (base stations, GNNS/IMU processing methodology and GNSS data correction method);

9)   aerial photography parameters (image resolution, the flight altitude, the date and speed);

10)  georeferencing of aerial photography data (the coordinate system and the altitude system);

11)  aerial photography pre-processing (the pre-processing description);

12)  the description of the applied software (the works stage, applied software, its version);

13)  the responsible person who filled in the metadata (company, position, name, surname, e-mail);

The ESRI Shapefile referred to in the Technical Specifications shall be developed in compliance with the following conditions:

1) the aerial photography territory taken every day is a separate area object;

2) the metadata information shall be specified within the area object attributes;

3) the description of the metadata attributes fields shall be attached in an additional text file.The following report documents of the aerial photography works shall be submitted as print-outs and electronically in the .pdf format after the execution of the complete service scope,:

1) the aerial photography overview map in the LKS-92 TM coordinates system and in the scale which is sufficient for demonstrating the condition of each route and the approximate mutual location of each exposition location;

2) the aerial photography report presenting the parameters of the camera used for photography, the calibration information, the summary of the processed GNSS coordinates for each image centre for the whole photography performed during the execution of the service, the summary of the flight routes schemes.

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Annex to Technical specifications – scheme

Territory of Aerial Photography

21

Annex 3 to Regulations of theProcedure with Identification

No.  VAMOIC 2015/016TECHNICAL OFFER

for the open procedure „Aerial Photography of the Area of the Republic of Latvia” (Identification No.: VAMOIC 2015/016)

Part 1: Aircraft, camera and associated equipment

Parameter Minimum requirements Tenderer’s tender

Aircraft

A suitable aircraft must be used to ensure the compliance with the specified requirements of Technical Specifications

Navigation instrumentsThe aircraft is required to have proper navigation aids, such as GNSS/INS equipment, which is essential for accurate navigation

Camera

General requirements

Digital frame camera (hereinafter, Camera) shall be used for executing aerial photography and shall ensure that the requirements of Technical specifications for aerial photography are complied with. The camera should have a format that ensures the delivery of digital images corresponding to central projection with a minimum size 7000x13000 pixels

Calibration The digital camera should be calibrated by its manufacturer or by a calibration centre, recognized internationally or approved by Camera manufacturer, at least two years before carrying out the

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photography

Camera mounting

The camera should be installed on a mounting device that attenuates the effects of the aircraft vibration and other side effects

Camera windows

The camera windows should not have defects that may adversely affect the object resolution and distortion (no scratches and other heterogeneities)The camera window should be mounted in a material preventing mechanical deformation to the window.

Part 2: Flying rules and photographic coverage

Parameter Minimum requirements Tenderer’s tenderPhotograph

ic coverage, altitude

and direction

The area should be covered by approximately straight runs (strips). The straight runs should ensure high quality vertical image acquisition and the flight height should ensure the desired pixel size of not less than 0.25 meters in nature.The direction of flight lines and the spacing between them should be planned by the Contractor so as to satisfy the overlap conditions.

The forward overlap between successive exposures in each run should be minimum 60 per cent.

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The side overlap between adjacent strips should be minimum 30 per cent.

If the endings of the runs are added to other runs flown in the same direction, there should be an overlap of at least two stereoscopic models. If there is a different aerial image scale, it should be in the smallest aerial image scale.Image heel should not exceed 5° when measured between the base line and the line parallel to the frame of the image nor create gaps in the stereoscopic coverage.Image tilt normally should not exceed 2°. However, 10 % of a total area exposure with up to 4° may be permitted.Shall few exposures in a run be rejected because of clouds, unsatisfied quality or insufficient overlap, rejected runs should be compensated by ensuring an overlap of at least two stereoscopic models at both ends of the coverage.Runs should be parallel when it is possible and should ensure continuous coverage of the area by taking aerial photography within the blocks. Approximate (indicative) block division is shown in Annex of the Technical Specifications.Specific block territories, their photography sequence within a year and the routing schemes should be approved by the Contracting Authority in writing and follow the Contracting Authority's written instructions.

Flying conditions

Aerial photography should be done from May 1 to May 31. The aerial photography can be executed during a different time period if this has been coordinated with the Contracting Authority in writing and the Contracting Authority has agreed to in writing.

24

Photography cannot be taken if snow covers more than 10% of the area of each digital image.Photography can be taken at any suitable solar altitude above 30 degrees.Photography can only be taken in the conditions when the visibility does not significantly negatively affect the colour tone reproduction in the digital image.In the digital image clouds, dense cloud shadows or smoke cannot be situated above any central point of the image or homologic points in adjacent images. Single mass of clouds, dense cloud shadows or smoke cannot cover more than three per cent of the total area of photography.

Elimination of defects

In the cases when the quality of images does not correspond with the Technical Specifications, the elimination of the deficiencies should be provided latest within two months after the signing of the Act of Deficiencies following the requirements for executing photography defined in the specifications.In case the elimination of deficiencies in accordance with the set requirements for the photography and the quality of the digital images of the specification is not possible within 2 (two) months after the signing of the Act on Deficiencies, the elimination of the deficiencies shall be done at another time coordinated with the Contracting Authority in writing or at the time indicated by the Contracting Authority.

Part 3: Digital image quality

Parameter Minimum requirements Tenderer’s tenderDigital image

qualityThe digital image should be obtained in the part of the electromagnetic spectrum securing colour (RGB), infrared (CIR) and panchromatic (PAN) image acquisition.

25

Electronic forward motion compensation should be used by the camera to ensure that uncompensated forward motion does not exceed 10 micrometres.The camera shutter speed should not be longer than 1/250 of a second in order to reduce the image movement caused by rotations.The Contractor should select filters to ensure a suitable colour tone reproduction.

Part 4: GNSS data

Parameter Minimum requirements Tenderer’s tenderPost-processed

GNSS coordinates

GNSS coordinates for each image centre should be obtained and delivered in accordance with Part 5 of the Technical Specifications.

Part 5: Summary of requirements and materials to be delivered

Parameter Minimum requirements Tenderer’s tenderArea to be

photographed

Seamless stereoscopic photography of territory of the Republic of Latvia and its border area (67400 km2) in years 2016, 2017 and 2018, all the area being divided into three parts according to the attached aerial photography planning scheme.

Type of images

Colour (RGB), infrared (CIR) and panchromatic (PAN) digital images where 1 data pixel corresponding to minimum 0.25 m in the nature should be simultaneously obtained.

Images should provide a stereoscopic image where both images are colour (RGB) images.

The geometric accuracy of images should be within one pixel. Images may not have any damages (for example, streaks not compliant with the actual image in the nature, colour distortions, lost data, hot spots).

26

The sharpness of images should be sufficient for ensuring good visibility of terrain objects (in compliance with the resolution).The images should be of the quality and the precision suitable for producing topographic maps and orthophotos in photogrammetric way, by applying the stereo devices available to the Contracting Authority (PLANAR and NVIDIA 3D Vision.)Radiometric resolution of the data should be 12 bits or higher.The delivered digital images should comply with the central projection geometry.The delivered digital images should be processed to the level when they can be processed with the software PHOTOMOD produced by the company "Racurs", as well as the digital photogrammetry software LPS (LPS Core) produced by the company "Intergraph".The operator should do the aerial triangulation process if the data format of the delivered data does not permit doing aerial triangulation works by using "Racurs" PHOTOMOD software, as well as the "Intergraph" digital photogrammetry software LPS (LPS Core).

Materials to be

delivered

Latest within 1 (one) month following the day of photography, the following data and materials of the execution of photography works should be delivered on external HDD disks:

5) digital image files obtained during the aerial photography;6) processed GNSS coordinates for each aerial

image centre in LKS-92 TM coordinate system and heights in the Latvian normal heights system (LAS-2000,5);

7) inertial measurement data (IMU - Inertial Measuremet Unit);8) report of aerial triangulation of aerial images (if applicable)

specifying the linkage points measurements, the ground control points measurements and data levelling results and the aerial triangulation accuracy indices.

Latest within 1 (one) month following the day of photography, in addition to the aerial photography data of the present technical

27

specification, the following metadata information shall be submitted in the ESRI Shapefile format:1)  the company which has performed aerial photography (name,

e-mail address), the date of the preparation of the metadata, the metadata language (English);

2)  the experts who were involved in the execution of the aerial photography works (name, surname, e-mail, the type of the works where the expert was engaged);

3)   cameras and their technical parameters (number, model, manufacturer and technical parameters);

4)   calibration of the cameras (the performed of calibration, the venue of calibration and obtained parameters);

5)  the aircraft(-s) used for aerial photography (number and type);

6) the navigation system used for aerial photography (the navigation device, GNSS and IMU devices);

7)  the time of obtaining the aerial photography data (date, the time of beginning and completing the aerial photography);

8)   the GPS/IMU processing parameters (base stations, GNNS/IMU processing methodology and GNSS data correction method);

9)   aerial photography parameters (image resolution, the flight altitude, the date and speed);

10)  georeferencing of aerial photography data (the coordinate system and the altitude system);

11)  aerial photography pre-processing (the pre-processing description);

12)  the description of the applied software (the works stage, applied software, its version);

13)  the responsible person who filled in the metadata (company,

28

position, name, surname, e-mail);The ESRI Shapefile referred to in the Technical Specifications shall be developed in compliance with the following conditions:

1) the aerial photography territory taken every day is a separate area object;

2) the metadata information shall be specified within the area object attributes;

3) the description of the metadata attributes fields shall be attached in an additional text file.The following report documents of the aerial photography works shall be submitted as print-outs and electronically in the .pdf format after the execution of the complete service scope,:

4) the aerial photography overview map in the LKS-92 TM coordinates system and in the scale which is sufficient for demonstrating the condition of each route and the approximate mutual location of each exposition location;

5) the aerial photography report presenting the parameters of the camera used for photography, the calibration information, the summary of the processed GNSS coordinates for each image centre for the whole photography performed during the execution of the service, the summary of the flight routes schemes.

29

1. We certify, that the elimination of the deficiencies of the Services that was provided in low quality or not confirm with the terms of the Contract

will be performed within the deadline for the Service execution and in accordance with the requirements of the Technical specification regarding the

quality of the image and flying conditions according to the Act of Deficiencies of non-conformity of the Service.

2. Description of other hardware and software which will be available and will be used for digital aerial images acquisition and processing, in order to

ensure the fulfilment of the requirements of the technical specifications:

______________________________________________________________________________________________________________________

______________________________________________________________________________________________________________________.

Hereby I assume full liability for the document package submitted as part of the Technical offer, the information included thereof, the layout, and its compliance with the requirements of the Regulation. The provided information and data is true.

Signature: _________________________________

Name, surname: _________________________________

Position: __________________________________

Technical offer prepared and signed on ____________(date)

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Annex 4 to Regulations of theProcedure with Identification No.  VAMOIC 2015/016

ACKNOWLEDGMENT

1. Name of the Tenderer:

Registered at:

with a registration No.

2. We hereby confirm that within last 3 (three) years we have experience and we have provided following digital aerial photography services:

Time of service

provision (period (year)

within the service was provided)

Customer of the service (name of the company or

authority, registered office)

Scope of the service (km2)

A short description of the provided service (country where service provided, the scope and content of the performed

works)

Contact person of the customer of the service

(position, name, surname,

telephone)

Hereby I assume full responsibility for the information included in the Acknowledgment and its conformity to the requirements of the Procedure Regulations. The provided information and data is true.

Signature:

Name, surname:

Position:

Acknowledgment has been drawn up and signed

(Date, month, year)

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Annex 5 to Regulations of theProcedure with Identification No.  VAMOIC 2015/016

List of the subcontractors

____________________ (Name of Tenderer, reg.No.) For performance of the commitments under the Open Procedure „Aerial Photography of the Area of the Republic of Latvia” (ID Nr. VAMOIC 2015/016) I have attracted subcontractors.

A list of the subcontractors for the execution of the contract:

No. Specify all proposed subcontractors

To indicate in per cent (%) the value of the service to be

provided by a subcontractor out of the

total value of the procurement contract

Description of the transferred part of the

service contract

1. Name and reg.No.

2. Name and reg.No.

3. Name and reg.No.

4.

5.

Information and data is true.

Signature:

Name, surname:

Position:

List has been drawn up and signed

(Date, month, year)

* If the Tenderer does not attract subcontractors for the execution of the contract, then you do not need to fill in this Annex

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Annex 6 to Regulations of theProcedure with Identification No.  VAMOIC 2015/016

DraftContract on

Aerial Photography of the Territory of the Republic of Latvia (identification No. VAMOIC 2015/016)

Riga, _______________ 2015

Latvian Geospatial Information Agency, hereinafter – Contracting Authority, represented by ___________________________ acting in accordance with _______________________________ , as one Party,

and ________________________, registered with the Commercial Register of the Register of Enterprises _____________ under Unified Registration No. _____________, hereinafter – Contractor, represented by ___________________ acting in accordance with ___________________, as the Other party,

Contracting Authority and Contractor jointly hereinafter referred to as the Parties and each separately as the Party,

on the basis of the results of the Open Tender “Aerial Photography of the Territory of the Republic of Latvia”, identification No. VAMOIC2015/016, (hereinafter – Open Tender) recorded in Protocol No. VAMOIC 2015/016 -____ dd. ___________ 2015, hereby conclude the following contract (hereinafter - Contract):

1. SUBJECT OF THE CONTRACT1.1. The Contracting Authority orders and pays for, and the Contractor performs aerial

photography of the territory of the Republic of Latvia in accordance with the set procedures of the Contract, complying with the Contract’s Annex No. 1 “Technical Specification” and Annex No. 2 “Technical offer” (hereinafter – „Service”).

1.2. The Service includes:1.2.1. Seamless, stereoscopic photography of 67,400 (sixty seven thousand four hundred)

km2 of the entire area of the Republic of Latvia and adjacent border zone for update of cartographical data base in accordance with Supplement “Scheme for Territory of Aerial Photography” (hereinafter – Scheme) to Contract’s Annex No. 1 “Technical Specification”, by dividing the territory in the three following parts (hereinafter – Stages of the Service): 1.2.1.1. In 2016 – 22,400 km², acceptable deviation: +/-5%;1.2.1.2. In 2017 – 23,450 km², acceptable deviation: +/-5%;1.2.1.3. In 2018 – 21,550 km², taking into account the acceptable deviations in

2016 and 2017, i.e. the remaining area,1.2.2. Preparation and delivery of executed aerial photography data and material, and

reports on works of aerial photography (Clauses 3.3.6. and 3.3.7.of the Contract).

1.3. The description, the execution and the price of the Service has been determined according to the Contractor’s offer submitted for the Open Tender (Annex No.2 “Technical Offer” and Annex No.3 “Financial Offer”).

33

2. THE PRICE OF THE SERVICE AND THE TOTAL CONTRACT AMOUNT2.1. The Price for the Service for 1 (one) km2 not including the Value Added Tax

(hereinafter - VAT) is _____ EUR (______ euro and ________ cents) and the VAT according to the stipulations in regulatory enactments (if applicable).

2.2. The Contract Amount excluding the VAT is up to _____EUR ( _____ euro ______cents) plus the VAT according to the stipulations in regulatory enactments (if applicable) (hereinafter – the total Contract Amount).

2.3. The total Contract amount includes all expenses related to rendering of the Service, including the salaries of the Contractor’s employees, technology, materials, devices, instruments, hardware and other types of equipment necessary for complete and qualitative performance of Service, transportation costs, the data carriers used to deliver the data, materials and reports of aerial photography execution works, as well as any taxes (except the VAT), duties and permits from third parties and any other payments related to rendering of the Service.

3. RIGHTS AND OBLICATIONS OF THE PARTIES3.1. The Contracting Authority:

3.1.1. Upon the Contractor’s request, shall provide the requested generally available information related to the execution of the Service and at its disposal;

3.1.2. No later than within 5 (five) working days after submission, in accordance with the procedure prescribed in Clause 3.3.5. of the Contract, the Contracting authority shall approve the Contractor’s scope of work to be performed as a part of a respective Stage of the Service, including the blocks of territories to be photographed, the sequence of photographing within the framework of the Stage of the Service and the aerial photography routing scheme submitted by the Contractor; and if necessary shall instruct the Contractor on required corrections in the submitted documentation for aerial photography planning;

3.1.3. Before commencing the work of the aerial photography of the Stage of Service which intends to perform aerial photography of the Latvian border zone, the Contracting authority shall organize the obtaining of the initial permits required for Service execution from foreign institutions (except for the responsible institutions of the Republic of Latvia), provided the Contractor has submitted the information and documents required to obtain the permits indicated by the Contracting Authority in a timely manner and according to the procedure defined by the Contract;

3.1.4. Shall accept the Service within the deadlines and according to the procedures set forth in the Contract, if the Service has been qualitative, in accordance with the Contracting Authority’s requirements and terms of the Contract, including Annexes of the Contract;

3.1.5. Shall pay for the Service provided according to the terms of the Contract and accepted by the certificate of delivery and acceptance within the deadlines and according to the terms of the Contract.

3.2. The Contracting Authority has the following rights:3.2.1. To control the progress of the execution of the Contract, by requesting and

receiving the information necessary for the control from the Contractor;3.2.2. To request from the Contractor electronically or in writing and to receive from

the Contractor the information and documents, including information on data of natural or legal entities and ownership of the aircraft and their equipment involved in Service provision, in order to organize the obtaining of the permits

34

required for the Service execution from foreign institutions (except for the responsible institutions of the Republic of Latvia), and to coordinate the aerial photography with competent authorities of the Republic of Latvia and foreign countries, for the control of the execution of the Service; as well as transfer the above information to competent authorities.

3.3. The Contractor:3.3.1. Shall provide the Services using its own resources, its own material-technical

base and personnel in accordance with the provisions of Contract’s Annex No.1 “Technical Specification” and Annex No.2 “Technical offer”, following the Contracting Authority’s approved blocks of the territories for photography, the sequence of photography within the Stage of Service and the planning of aerial photography routing scheme approved by Contracting Authority and competent authorities;

3.3.2. Shall ensure that during the entire period of execution of the Service, a specialist(-s) (aircraft pilot(-s)) with valid aircraft pilot qualification for the aircraft used for the execution of the Service is (are) used during the performance of the aerial photography;

3.3.3. Shall ensure that during the entire period of execution of the Service, the Contractor maintains required permits and appropriate technical equipment for the Service provision, including:

3.3.3.1. Permit for the use of the aircraft (aircraft operation license for the performance of specialised aviation assignments) indicated in the Contractor’s offer and used for providing the Service;

3.3.3.2. All the required permits and licenses for Service provision (registration certificate of the aircraft indicated in the Contractor’s offer and used in Service provision; certificate on authorization of the aircraft to fly, the insurance certificate, the licence in compliance with the requirements of regulatory enactments and the permit for the execution of special aviation assignments in compliance with the relevant Service, the permit for execution of the aerial photography works provided for within the Service at border zones of countries and crossing the state borders);

3.3.4. Shall ensure that an appropriate format camera calibrated according to the requirements of the Contract’s Annex No. 1 “Technical Specification” is available to the Contractor during the entire period of the execution of the Service;

3.3.5. No later than 10 (ten) business days before commencing the execution of each Stage of the Service, the Contractor shall coordinate with the Contracting Authority the blocks of territories to be photographed, their sequence of photographing within the framework of the Stage of the Service and the routing scheme of the aerial photography by submitting it in a *.dgn or *.dxf or *.shp format on an external data carrier or by sending it electronically to the e-mail address of the Contracting Authority’s representative responsible for execution of the Contract indicated in the Contract (Clause 11.4), as well as, if it is necessary (if corrections in the aerial photography planning documents are made) the Contractor shall coordinate with the Contracting Authority the corrections in the documents of the aerial photography plan no later than within 5 (five) business days before the respective flight;

3.3.6. No later than within 1 (one) month after the day of the aerial photography, shall deliver to the Contracting Authority according to the performed Service the execution data and materials of the aerial photography in external HDDs in accordance with requirements of the part „Materials to be

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delivered” of the Contract’s Annex No.1 „Technical Specification”, in the quality and formatting set forth in Annex No.1 „Technical Specification”;

3.3.7. Following the completion of each Stage of the Service, simultaneously with the delivery of the last aerial photography execution data (Clause 3.3.6.), shall transfer to the Contracting Authority in a paper format or electronically on an external data carrier the documents of reports on the aerial photography (the overview map of aerial photography, summary of aerial photography) in accordance with the requirements of the part „Materials to be delivered” of the Contract’s Annex No.1 „ Technical Specification”;

3.3.8. Shall perform the planning and the execution of the aerial photography, as well as the deliver the data of the execution of the aerial photography works in sequence per blocks and seamless territories. A seamless territory is deemed to be a territory where the photography of minimum 5 (five) adjacent routes within a single block have been taken;

3.3.9. Upon the Contracting Authority’s request, within 5 (five) business days shall provide full information regarding the progress and the results of the execution of the Contract and the information available to the Contractor that is related to the execution of the Contract;

3.3.10. Upon the Contracting Authority’s request, within 5 (five) business days shall provide all the required documentation and information necessary for organizing the obtaining of the initial permits required for Service execution from foreign institutions (except for the responsible institutions of the Republic of Latvia), for coordinating the aerial photography with competent authorities of the Republic of Latvia and foreign countries, and for controlling the execution of the Service, following the Contracting Authority’s instructions on preparation of information and documentation;

3.3.11. Shall follow and timely comply with the requirements of regulatory enactments, the instructions and requests of the Contracting Authority and competent authorities that are related to the performance of the works for execution of the Service;

3.3.12. In a timely manner and following all the requirements of regulatory enactments, shall obtain and pay for all the required permits necessary for execution of the Service, shall coordinate the aerial photography for the performance of the works within the framework of the Service with the competent authorities of the Republic of Latvia and foreign countries;

3.3.13. No later than 90 (ninety) calendar days before or as soon as possible, shall inform the Contracting Authority in writing or electronically, if technical equipment that is not indicated in the Contractor’s offer is necessary and will be used for the execution of the Service (aircraft), and shall ensure the coordination of required changes for the Service execution with the competent authorities of the Republic of Latvia and foreign countries, and shall obtain required permits, as well as shall promptly provide information to the Contracting Authority regarding any problems that could affect or hinder the execution of the Service in accordance with the requirements of the Contract;

3.3.14. Upon the Contracting Authority’s request, shall provide a possibility for the representative appointed by the Contracting Authority to be present in the aircraft during the performance of the aerial photography works and to control the compliance with the approved aerial photography routes and the instructions of the competent authorities;

3.3.15. Upon the request by the security authorities of the Republic of Latvia, shall provide a possibility to survey and to inspect the aircraft used for the execution

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of the Service and the equipment used for aerial photography prior to and after a flight during which the aerial photography works are executed;

3.3.16. Shall ensure the execution of the aerial photography from May 1 to May 31 every year. Aerial photography can only be executed at a different time period if there is an objective justification, the execution of aerial photography at any other time has been coordinated in writing with the Contracting Authority and the Contracting Authority has agreed to it in writing;

3.3.17. Shall execute the Service, including the preparation of all the data and the materials obtained in the result of the execution of the Service (Clause 3.3.7 of the Contract) and the submission thereof in the format and according to the procedure defined by the Contract in compliance with the following terms:

3.3.17.1. by 31 July every year (2016, 2017 and 2018) – shall submit the data and the materials of aerial photography to the Contracting Authority for the aerial photography executed during the time period defined by this Clause of the Contract (the execution term shall not include the time for the delivery-acceptance and verification of the Service execution works in compliance with Clause 5.2 of the Contract);

3.3.17.2. by 30 November every year (2016, 2017 and 2018) – the final completion term of the Stage of the Service defined for the relevant calendar year, including the elimination of the Service deficiencies identified in compliance with the procedure of Clauses 5.2 and 5.3 of the Contract and the aerial photography of the remaining territory not executed within the term provided for by Clause 3.3.17.1 of the Contract, and the Parties have agreed in writing regarding the term and the territory of the execution of aerial photography (the execution term shall not include the term for the delivery-acceptance and the verification of the Service execution works in compliance with Clause 5.2 of the Contract).

3.3.18. Shall only engage experts with suitable qualifications specified in the Contractor’s offer as the experts engaged in the execution of the Service and compliant with the qualification requirements defined by the procurement documents (identification No. VAMOIC 2015/016) in the execution of the Service;

3.3.19. The replacement of the experts involved in the execution of the Service during the validity term of the Contract shall only be performed upon the Contracting Authority’s written agreement by submitting relevant documents attesting the qualification and experience and by the Contracting Authority assuring the suitability of the expert to be involved for the performance of the Services in compliance with the qualification requirements defined by the procurement documents (identification No. VAMOIC 2015/016);

3.3.20. Shall ensure that a written agreement has been received from all the experts involved in the execution of the Service for the use of their personal data and their transmission to the Contracting Authority and competent authorities for obtaining the necessary permits, for the coordination of the aerial photography works with competent authorities in the Republic of Latvia and in foreign countries and the control of the execution of the Service.

4. TERMS OF PAYMENT4.1. The Contracting Authority shall make the payment to the Contractor within the

framework of the total Contract amount for rendered qualitative Services that comply with the terms and conditions of the Contract, including the Contract Annexes and

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regulatory enactments of the Republic of Latvia, based on the stages of the rendered Services as follows:

4.1.1. shall pay an advance payment in the amount of 20% (twenty per cent) of the estimated price of each Stage of Service by 10 April each year after the Contract has come into force and the day of the receipt of the respective Contractor’s invoice (the Contracting Authority’s acknowledgment of receipt) (calculating the payment based on the planned scope of work within each Stage of Service (Clause 1.2.1. of the Contract) and the price per km2 indicated in Clause 2.1 of the Contract);

4.1.2. shall pay for the actual Service performed within 30 (thirty) calendar days after the respective Stage of the Service is performed and the certificate of delivery and acceptance has been signed by both Parties and the day of the receipt of the respective Contractor’s invoice (the Contracting Authority’s acknowledgment of receipt). When making the payment for the actual Services performed within the respective Stage of the Service, the amount payable shall be reduced by the amount of the advance payment paid to the Contractor.

4.2. If the Contractor has not performed the full scope of work planned for the relevant Stage of the Service, the Contracting Authority shall pay for the scope of the actually performed and accepted Service (Clause 5.8 of the Contract).

4.3. The Contracting Authority is not obligated to make a payment for the Contractor’s scope of aerial photography according to the procedure and the deadline set forth in Clause 4.1.2., if the Contractor has failed to comply with the Stages of the Service and the scope of the work therein indicated in Clause 1.2.1. or has performed a larger scope of work within the respective Stage of Service than indicated in Clause 1.2.1., unless the Parties have agreed otherwise in writing.

4.4. For the purpose of performing the payment provided for by Clause 4.1 of the Contract, the Contractor shall submit invoices to the Contracting Authority in compliance with the following procedure:

4.4.1. for the performance of the payment provided for by Clause 4.1.1 of the Contract – until 15 March each year (2016, 2017 and 2018);

4.4.2. for the performance of the payment provided for by Clause 4.1.2 of the Contract – within 5 (five) business days as from the mutual signing of the delivery-acceptance certificate on the scope of the Service executed within the relevant Stage of the Service.

4.5. The Contractor shall submit invoices to the Contracting Authority in writing by poste (a registered letter) or electronically to the e-mail address info@lgia.gov.lv. By concluding the present Contract, the Parties agree that the Contractor’s invoices that have been prepared and sent electronically shall be deemed binding for the Parties without a secure electronic signature if they have been sent from the Contractor’s e-mail address: _____________ to the Contracting Authority’s e-mail address info@lgia.gov.lv.

4.6. The date of the payment shall be the day when the Contracting Authority has conducted the transfer to the Contractor’s bank account indicated in the invoice (the payment order).

4.7. Each Party shall cover its own expenses for bank services that are related to money transfers.

4.8. The Contracting Authority has the right to propose amendments to the payment procedure provided for by the Contract depending on the opening of the central budget by notifying the Contractor thereof in writing and by the Parties signing the relevant delivery-acceptance certificate on the acceptance of a part of the Service Scope in compliance with the procedure provided for by Clause 5.7 of the Contract.

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4.9. If, based on the Contracting Authority’s proposal, payments are made for the execution of a part of the Service provided for within the relevant Stage of the Service (Clause 4.8 of the Contract), the Contracting Authority shall make a payment for the actually executed Service scope within 30 (thirty) calendar days from the mutual signing of the relevant delivery-acceptance certificate and the day of the receipt of the Contractor’s invoice (the Contracting Authority’s attestation of receipt).

4.10. The VAT shall be paid in compliance with the procedure of payment and the rate defined by the regulatory enactments in force in the Republic of Latvia.

5. PROCEDURE OF THE SERVICE EXECUTION AND ACCEPTANCE5.1. After the execution of each Stage of the Service, the Contractor transfers and the

Contracting Authority accepts the scope of the Service executed within the Stage of the Service by mutually signing the certificate of delivery and acceptance, by delivering and accepting the aerial photography execution data and materials (Clause 3.3.6 of the Contract) and the aerial photography report documents (Clause 3.3.7 of the Contract) that are prepared in accordance with the procedure and in the format described in the Contract’s Annex No.1 „Technical Specification”.

5.2. Within 30 (thirty) calendar days after receipt, the Contracting Authority has the right to verify the data, materials and report documents submitted as a result of the execution of the work of the respective Stage of the Service and sign the certificate of delivery and acceptance or submit a written claim on identified deficiencies and non-compliances to the Contractor, if the Service of a low quality or not complying with the Contract (including the annexes of the Contract) terms and provisions has been provided.

5.3. Within 5 (five) business days after the receipt of a written claim submitted in accordance with Clause 5.2 of the Contract, the Contractor shall arrive at the Contracting Authority’s address specified in the claim in order to prepare and sign a statement on identified deficiencies and non-compliances, the time of arrival shall be coordinated with the Contracting Authority’s representative indicated in the Contract. In case the Contractor fails to arrive, the Contracting Authority has the right to prepare the statement on identified deficiencies and non-compliances without Contractor’s attendance. The deficiencies in the Service execution and the deadline for elimination of the deficiencies shall be indicated in the statement on identified deficiencies and non-compliances.

5.4. The Contractor shall eliminate the deficiencies identified according to the procedure set forth in Clauses 5.2 and 5.3 of the Contract at its own expense within 2 (two) months after the day of signing the statement on identified deficiencies and incompliance, following the requirements for the aerial photography described in the Contract’s Annex No. 1 “Technical Specification”. In case the elimination of deficiencies in accordance with the set requirements for the photography and the quality of the digital images of the specification is not possible within 2 (two) months after the signing of the statement on identified deficiencies and non-compliances, the elimination of the deficiencies shall be done at another time coordinated with the Contracting Authority in writing or at the time indicated by the Contracting Authority.

5.5. The Contracting Authority shall accept the aerial photography data is they are of high quality and comply with the requirements of the Contract, including the technical specifications, and if they comply and are delivered in compliance with the requirements of Clause 3.3.8 of the Contract.

5.6. The Service shall be considered to be executed at the moment when the Contractor has executed the total scope of the Service as described in Clause 1.2 of the Contract and Contractor has delivered and the Contracting Authority has accepted by a

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certificate of delivery and acceptance all the data, materials and report documents (Clauses 3.3.6 and 3.3.7 of the Contract) obtained as a result of all the Stages of the Service that comply with the quality, the format and the procedure described in the Contract’s Annex No.1 “Technical Specification”.

5.7. The Contracting Authority has the right to accept the Service and to make payments in portions on the basis of the Contracting Authority’s request by the Parties signing the relevant certificate of delivery and acceptance of a part of the Service scope.

5.8. If the whole Service scope provided for the relevant Stage of the Service is not executed within the term of the execution of the Service defined in Clauses 3.3.17.1 and 3.3.17.2 of the Contract, the Contracting Authority has the right to accept the scope of the Service that has been actually executed at a high quality and in compliance with the Contract terms and provision, by the Parties mutually signing a certificate of delivery-acceptance and in this case the Contracting Authority shall pay for the Service that has been actually provided in compliance with the Contract terms and provisions, including the Contract Annexes.

5.9. The Contracting Authority has the right not to accept the Service and not to make the payment if the Contractor has submitted the data of the execution of aerial photography works regarding the territory outside the scope and the territory of the Service to be performed within the relevant Stage of the Service.

6. COPYRIGHT6.1. The data, materials, reports and other documents obtained and generated during the

execution of the Service are the property of the Contracting Authority and the Contractor has no right to transfer them to third parties or to use for services rendered by the Contractor.

6.2. The Contractor shall transfer to the Contracting Authority all exclusive economic rights of an author to the data, materials and report documents prepared as a result of the execution of the Contract and delivered to the Contracting Authority.

7. FINANCIAL LIABILITIES7.1. If the Contractor fails to execute the Service by the deadline set forth in Clause

3.3.17.1 of the Contract or fails to render the Service according to the requirements of the Contract, the Contracting Authority is entitled to impose a contractual penalty in the amount of 0,01 % (one hundredth of one per cent) of the amount of the delayed Service for each day of delay.

7.2. If the Contractor fails to eliminate the deficiencies of the execution of the Service identified according to the procedure of Clauses 5.2 and 5.3 of the Contract or the photography of the remaining territory, which has not been performed within the term set forth in Clause 3.3.17.1 of the Contract and regarding which the Parties have agreed in writing, within the term set forth in Clause 3.3.17.2 of the Contract, or fails to execute the Service in compliance with the Contract requirements within the term set forth in Clause 3.3.17.2 of the Contract, the Contracting Authority is entitled to impose a contractual penalty in the amount of 0,02 % (two hundredths of one per cent) of the amount of the delayed Service for each day of delay.

7.3. The total amount of the contractual penalty imposed in compliance with Clauses 7.1 and 7.2 of the Contract shall not exceed 10% of the total Contract Amount.

7.4. If the Contracting Authority fails to pay for the rendered Service within the deadline and according to the procedure set forth in Clause 4 of the Contract, the Contractor is entitled to impose a contractual penalty in the amount of 0,01 % (one hundredth of one per cent) of the amount of the delayed payment for each day of delay, however not exceeding 10% (ten per cent) of the total Contract Amount.

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7.5. The payment of the contractual penalty shall be made based on the invoice issued by the Party that requests the payment of the contractual penalty, within 15 (fifteen) calendar days after the day of dispatching the invoice for the contractual penalty (postal stamp). The payment of contractual penalty shall not release the Parties from fulfilment of the obligations.

7.6. If either Party has been late in the performance of its obligations arising from the Contract, the other Party shall not be held liable for the delayed performance of its obligations if the non-performance of the obligations is of mutual causal relationship.

8. RESOLUTION OF DISPUTES AND TERMINATION OF THE CONTRACT8.1. The Parties shall resolve disputes and disagreements that may arise during the

execution of the Contract by mutual negotiations. If Parties are unable to reach an agreement within 30 (thirty) calendar days, the disagreements shall be resolved in the court of the Republic of Latvia in accordance with the procedure defined by regulatory enactments.

8.2. The Contracting Authority has the right to unilaterally terminate the Contract by notifying the Contractor thereof in writing 10 (ten) days in advance if the Contractor does not perform the obligations provided for by the Contract, including the following:

8.2.1. has not complied with any of the provisions of Clauses 3.3.1 - 3.3.5 of the Contract, any of the provisions of Clauses 3.3.9 - 3.3.15 of the Contract or any of the provisions of Clauses 3.3.18 - 3.3.20 of the Contract;

8.2.2. has not executed aerial photography or has not delivered the data and materials of the execution of aerial photography to the Contracting Authority according to the procedure defined by the Contract regarding the aerial photography executed within the term defined by Clause 3.3.17 of the Contract for more than 30 (thirty) days after the term provided for by Clause 3.3.17.1 of the Contract;

8.2.3. the Contracting Authority has submitted a claim, an act on defects has been drawn up in compliance with the procedure provided for by Clauses 5.2 and 5.3 of the Contract and the Contractor has not eliminated the Service deficiencies or has not executed the aerial photography of the remaining territory (which was not executed within the term defined by Clause 3.3.17.1 of the Contract) or does not execute the Service in compliance with the Contract requirements within 15 (fifteen) days after the term defined by Clause 3.3.17.2 of the Contract.

8.3. The Contracting Authority has the right to immediately terminate the Contract by notifying the Contractor thereof in writing if the Contractor has not obtained the permit by competent authorities for executing the works of aerial photography in compliance with the procedure defined by regulatory enactments or if this permit has been cancelled.

8.4. The Contracting Authority has the right to unilaterally terminate the Contract by notifying the Contractor thereof in writing 60 (sixty) days in advance due to the reasons not dependent of the Contracting Authority and the Contractor related with the reduction of the central budget funding, the opening of the central budget, changes in the Contracting Authority’s legal status or the resolutions, ordinances of the state and municipalities, or changes in regulatory enactments, as well as changes in the Contracting Authority’s operations.

8.5. In the case defined in Clause 8.2 of the Contract, the Contracting Authority has the right to claim and the Contractor shall be obliged to pay a contractual penalty in the amount of 10% (ten per cent) of the total Contract Amount within 10 (ten) business days after the receipt of the Contracting Authority’s notification, except the case if the obligations were not performed due to force majeure conditions and the Contractor has submitted relevant documents attesting the existence of the force

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majeure conditions in compliance with Clause 10 of the Contract or the condition referred to in Clause 7.6 of the Contract is in force.

8.6. The Contractor has the right to unilaterally terminate the Contract by notifying the Contracting Authority thereof 10 (ten) days in advance if the Contracting Authority has delayed the execution of any of the obligations provided for by Clauses 3.1.2 – 3.1.5 of the Contract by more than 30 (thirty) days after the term set forth by the Contract.

8.7. In the cases set forth in Clauses 8.2, 8.3, 8.4, 8.5 and 8.6 of the Contract the Contracting Authority shall pay the Contractor for the Service executed at a high quality level and in compliance with the procedure set forth by the Contract until the Contract termination notice within 10 (ten) business days after the acceptance of the Service and the day of the receipt of the Contractor’s invoice. If in this case the Service has not been executed to the scope equal to the advance payment amount paid by the Contracting Authority based on the Service price set forth by the Contract, the Contractor shall repay the amount of the advance payment equal to the non-executed scope of the Service to the Contracting Authority.

8.8. Parties may terminate the Contract before the end of the term of the Contract by agreeing mutually in writing.

9. SUBCONTRACTOR9.1. In compliance with the offer submitted by the Contractor in the Open Tender, the

Contractor shall engage the Subcontractors stated in the Contract in the performance of the Contract.

9.2. The Contractor transfers the following parts of the Contract Subject for the execution by Subcontractors1:9.2.1. – Subcontractor No.1 shal ensure (the list of the works to be performed) The

estimated scope up to __% of the total Contract Amount;9.2.2.....;(...)

9.3. The Subcontractor shall execute the scope of the work and the obligations assigned to it in compliance with the Contractor’s offer in the Open Tender.

9.4. The Contractor shall only be entitled to transfer the information directly related with the part and the scope of the Contract transferred to the Subcontractor to the Subcontractor. The Subcontractor has no rights to disclose the obtained information about the Contracting Authority or the Service to be executed to third parties.

9.5. The Contractor shall be responsible for ensuring that the Subcontractor engaged in the execution of the present Contract works should not engage third parties, including subcontractors, in the execution of the works.

9.6. The Contractor shall assume full liability for the overall performance of the Contract, including the ensuring that Subcontractors comply with all the provisions provided for by the present Contract.

9.7. During the Contract term the Contractor may only change the Subcontractors engaged in the performance of the Contract with the Contracting Authority’s written agreement. In case of the change of Subcontractors the Contractor shall be obliged to submit all the documentation required for subcontractors in the Regulations of the Open Tender about each of the engaged Subcontractors.

9.8. The Contractor shall be obliged to notify the Contracting Authority of any changes regarding Subcontractors immediately, as soon as this information becomes available.

1 It shall be filled in on the basis of the Tenderer’s offer if the Tenderer engages subcontractors for the performance of the procurement contract in compliance with its tender offer

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9.9. The Contracting Authority shall not agree to the replacement of the personnel and Subcontractors if any of the following conditions is valid:9.9.1. the Subcontractor proposed by the Contractor does not comply with the

requirements applicable to the Contractor’s Subcontractors provided for by the Regulations of the Open Tender;

9.9.2. the Subcontractor whose capacities were used by the Contractor in the procurement procedure for attesting the compliance of its qualification with the requirements defined in the contract notification and the procurement procedure documents is being replaced and the proposed Subcontractor does not have minimum the same qualification that was referred to by the Contractor for attesting its compliance with the requirements set forth in the procurement procedure;

9.9.3. the proposed Subcontractor complies with the conditions for excluding tenderers referred to in Part One of Section 39.1 of the Public Procurement Law. In the course of verifying the Subcontractor’s compliance the Contracting Authority shall apply the information verification conditions defined in Clause 20.7 of the Regulations of the Open Tender.

9.10. The Contracting Authority shall decide on allowing or refusing the replacement of the Contractor’s Subcontractors or the engagement of new Subcontractors in the performance of the Contract within 5 (five) business days after the receipt of all the information and documents required for adopting the relevant decision.

10. FORCE MAJEURE10.1. Neither of the Parties shall be responsible for failure to fulfil the contractual

obligations, if the fulfilment of the obligations has been prevented by force majeure circumstances and the Party has informed the other Party on such circumstances within 7 (seven) calendar days from the day the circumstances have occurred. Force majeure circumstances include: fires, nature disasters (flood, earthquake, storms, etc.,), decisions and orders of the government and the state authorities, as well as changes in regulatory enactments, political and economic blockades and other accidents of extreme nature that the Parties could not have foreseen, nor prevented. Force majeure circumstances do not include such hydro-meteorological conditions as rain, heavy rain, snow, blizzard, puddles or separately flooded areas, etc.

10.2. In case force majeure circumstances mentioned in Clause 10.1. of the Contract occur, the Contract deadlines shall be extended for a period that corresponds to the period of the force majeure circumstances that delayed the execution of the Contract, but no longer than thirty (30) calendar days.

10.3. The Party that refers to force majeure circumstances must prove that it could not foresee, nor prevent the circumstances and the resulting consequences were not preventable despite exercised due diligence. In case force majeure circumstances occur, the Party that is involved in the force majeure circumstances is obligated to inform the other Party in writing within 7 (seven) calendar days. In the written notification the Party shall indicate the characteristics of the force majeure circumstances, and as soon as it is possible shall attach documents issued by state or the municipality that verify the existence of the force majeure circumstances, and the Parties shall agree on the consequences of the following actions of the Contract so that it is mutually beneficial. In case the Party fails to notify the other Party in a timely manner, the Party shall not be released from fulfilment of the Contract’s obligations.

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10.4. In case the force majeure circumstances last for more than thirty (30) calendar days, either of the Parties has the right to unilaterally withdraw from the Contract notifying the other Party in writing 7 (seven ) calendar days in advance.

10.5. If the Contract is terminated due to circumstances of force majeure, neither of the Parties shall have the right to request the other Party to pay for caused damages or request compensation for any type of losses. If in this case the Service has not been rendered in the scope that according to the Price of the Service defined by the Contract equals the advance payment made by the Contracting Authority, the Contractor shall reimburse the Contracting Authority the advance payment in the amount that corresponds with the Service that was not provided.

11. FINAL PROVISIONS11.1. The Contract comes into force at the moment when both Parties have signed the

Contract and it is registered with the Contracting authority, and it remains in force until complete fulfilment of the Contract liabilities.

11.2. Contract can be supplemented, amended or terminated by a mutual agreement between the Parties. All Contract amendments or additions shall be prepared in writing and become an integral part of this Contract.

11.3. Parties can agree in writing on the extension of the completion term of the Service defined in Clause 3.3.17.2 of the Contract if the Contract performance is delayed because of the Contracting Authority’s fault or if the timely securing of the approvals of permissions of responsible institutions is delayed and this delay is not due to the Contractor’s fault, or if the Service has not been performed due to Force Majeure conditions and the Contractor has submitted relevant documents that confirm the existence of Force Majeure circumstances in compliance with Clause 10 of the Contract. The extension of the completion term of the Service provided for by the present Clause of the Contract is also applicable if the Contractor has notified the conditions hindering the completion of the Service to the Contracting Authority in compliance with the procedure provided for by the Contract and the Contracting Authority accepts them.

11.4. Contracting Authority’s representative responsible for execution of the Contract: _____________, telephone No.: _____________, fax: _____________, e-mail:__________________.

11.5. Contractor’s representative responsible for execution of the Contract: _____________, telephone No.: _____________, fax: _____________, e-mail: __________________.

11.6. Parties’ representatives responsible for execution of the Contract are responsible for monitoring the execution of the Contract, including preparation, submission and signing of the delivery-acceptance certificates in accordance with the requirements of the Contract; timely submission, acceptance, approval, signing of invoices and their forwarding for payment; preparation and signing of statements on deficiencies and non-compliance and other exchange of information provided for by the Contract and as a result of the responsibilities of the Parties set forth in the Contract.

11.7. Parties shall inform each other about changes in addresses, bank accounts or other details or changes of the representative responsible for the execution of the Contract within 5 (five) business days.

11.8. All notifications in relation to execution of the terms of the Contract shall be sent in a registered letter to the legal addresses specified in the Contract or shall be transferred to the Party in person. The day of submission of applications, claims or warnings shall be the day when the submission has been transferred to the Party’s representative responsible for the execution of the Contract (signature acknowledgment), provided the Contract does not specify otherwise, or the 7th

(seventh) day after dispatching of the registered letter. The information sent 44

electronically by e-mail shall be deemed received on the day when it was dispatched to the e-mail addresses stated in the Contract if it was sent on a business day and during business hours until 17:00. If electronic information was sent on a holiday or after 17:00, it shall be deemed received on the following business day.

11.9. The conditions of the Contract shall be interpreted in compliance with the legal enactments of the Republic of Latvia.

11.10. If the signatory of the present Contract was not authorised to represent the Party the representative of whom he/ she presented himself/ herself, this person shall be liable for the performance of the contractual obligations as a natural entity.

11.11. Notifications on withdrawal from Contract and other correspondence related to the Contract (except the cases provided for by the Contract) shall be sent in a registered letter to the addresses of Parties indicated in the Contract.

11.12. The Contract is prepared in Latvian on __ (______) pages, of which _ (_____)are the text of the Contract, __ (_____) pages are Annex No. 1 „ Technical Specifications”, ___ (______), Annex No. 2 „ Technical Offer” and ___ (______) pages are Annex No. 3 “Financial Offer”, in 2 (two) original copies having equal legal value, one of which resides with Contracting authority, and the other with Contractor.

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