Tender documents for foreign bidders

Bids, the bidder's statement and the bid guarantee go through ESJN, the electronic public procurement system.

• Registration on ESJN. The system registers bidders and keeps their record; the bid is prepared and submitted in electronic form through ESJN.

  Issued by:

  The ministry responsible for public procurement, which runs ESJN (Art. 44).

  What we do:

  We go through the registration with you, so that your account is ready before the first deadline.

  Law on Public Procurement:

  Arts. 44, 45(1)(5) and 122(1)12

• Language of the bid: the one the tender documentation sets. The buyer may allow the application and the bid, in whole or in part, in a language used in international trade for the technical characteristics, quality and technical documentation.

  Issued by:

  The buyer, in the tender documentation.

  What we do:

  We read the tender documentation with you and list the documents to translate, before you order the translations.

  Law on Public Procurement:

  Art. 5(3)-(4)13

What the bidder files with the bid (Art. 120(16)); after the deadline the statement, the joint bid agreement and the bid guarantee cannot be changed, except in the cases the law names (Art. 120(17)).

• The bidder's statement: a formal statement, in electronic form on the ministry's form, that the company meets the conditions and that no ground for exclusion applies. Each member of a joint bid and each subcontractor gives one.

  Issued by:

  Your company.

  What we do:

  We fill it in with you from your own documents, line by line, before you sign it.

  Law on Public Procurement:

  Arts. 111 and 120(16)(1)24

• Bid guarantee: required from an estimated value of EUR 40,000, at 2% of the estimated value or of the lot, valid for the bid validity period plus 5 to 15 days. Filed electronically through ESJN; if that is not possible, a copy goes through ESJN and the original reaches the buyer before the deadline.

  Issued by:

  The issuer and type the tender documentation sets (Art. 96).

  What we do:

  We check the wording, amount and validity against the tender documentation before your bank issues it.

  Law on Public Procurement:

  Arts. 96, 97 and 122(2)-(3)52

• Joint bid agreement, if you bid with others: it sets the rights and duties of the members, the lead member, the part of the work and the percentage of each. Every member meets the mandatory conditions of Art. 99; the buyer may not require a particular legal form.

  Issued by:

  The members of the joint bid.

  What we do:

  We look for a Montenegrin partner where the bid needs one and check the partner's documents against the same conditions.

  Law on Public Procurement:

  Arts. 29, 120(16)(4) and 12612

• Subcontractor details: the part of the work and its percentage, and the subcontractor's name, seat, tax number, account number and authorized person. A company may be the subcontractor in only one bid, save for the exceptions the law names.

  Issued by:

  You and the subcontractor.

  What we do:

  We find and check a local subcontractor where you need one; the agreement is between you and the subcontractor.

  Law on Public Procurement:

  Art. 1282

• If you rely on another company's financial or technical capacity: proof that it will put those resources at your disposal, filed when the buyer checks your statement.

  Issued by:

  The company whose capacity you use.

  What we do:

  We tell you which conditions that company must meet for its part of the work.

  Law on Public Procurement:

  Art. 1272

• Evidence for the award criteria and on the quality of the subject, as the tender documentation sets. Certificates of accredited bodies of other states are recognized under the law on technical requirements for products and conformity assessment.

  Issued by:

  You, and the certification bodies that certified you.

  What we do:

  We match each criterion to a document you already hold and flag what is missing.

  Law on Public Procurement:

  Arts. 114(2) and 120(16)(3) and (5)52

The buyer checks the statement of the bidder whose bid is the most economically advantageous; where a framework agreement is concluded with several bidders, it checks the statement of every bidder ranked within the number foreseen for the agreement (Art. 135a(3)). If it cannot obtain a document itself, it asks you to file the original or a copy through ESJN within 8 days, with 5 more days if it is not filed or is unclear or incomplete. You are not excluded if you show that the document is not issued in your state (Art. 135a).

• Certificate from the criminal record, for the company and its authorized person.

  Issued by:

  The competent authority of the state of your seat, or of the authorized person's residence.

  What we do:

  We tell you which certificate the tender asks for and how recent it must be.

  Law on Public Procurement:

  Arts. 99(1)(1) and 135b(1)(1)56

• Certificate that taxes and pension and health contributions are paid.

  Issued by:

  The tax authority of the state of your seat.

  What we do:

  We check the certificate covers what Art. 99 asks before it goes on ESJN.

  Law on Public Procurement:

  Arts. 99(1)(2) and 135b(1)(2)526

• Extract from the business register, with the authorized person or executive director.

  Issued by:

  The business register of the state of your seat.

  What we do:

  We compare the extract with the data in your statement.

  Law on Public Procurement:

  Arts. 102(1)(1) and 135b(1)(3)56

• Licence, permit or approval for the activity, where the tender asks for one.

  Issued by:

  The competent authority for that activity.

  What we do:

  We check the licence covers the subject of the procurement.

  Law on Public Procurement:

  Arts. 102(1)(2) and 135b(1)(4)56

• Financial statements for the two previous years, with the auditor's report, accepted by the competent authority of your state.

  Issued by:

  Your company and your auditor.

  What we do:

  We check the figures against the financial condition the tender sets.

  Law on Public Procurement:

  Art. 135b(1)(5)6

• References from clients for deliveries, services or works over at most the previous five years, counting the year the procedure started, with the value, the period and a statement that the contract was performed on time and properly. The tender may accept older work if it says so.

  Issued by:

  Your clients.

  What we do:

  We tell you which references fit the condition and what each one must state.

  Law on Public Procurement:

  Art. 135b(1)(6)64

• Evidence on staff: qualifications, certificates, experience and how each person is engaged.

  Issued by:

  Schools, certification bodies, your company.

  What we do:

  We list the evidence per person named in the bid.

  Law on Public Procurement:

  Art. 135b(1)(7)6

• List of equipment and fixed assets, owned or made available by another company.

  Issued by:

  Your company.

  What we do:

  We check the list against the technical condition of the tender.

  Law on Public Procurement:

  Art. 135b(1)(8)6

• Certificates of quality and environmental management systems, where asked.

  Issued by:

  A certification body or other authorized organization.

  What we do:

  We check the scope of the certificate against the subject.

  Law on Public Procurement:

  Art. 135b(1)(9)-(10)6

• Sample, catalogue or photographs of the subject, if the buyer asks for them.

  Issued by:

  Your company.

  What we do:

  We tell you the form the buyer asks for.

  Law on Public Procurement:

  Art. 135b(1)(11)6

• If your state does not issue one of the first two certificates, or issues it without all the data: an act of your competent authority, or of your state's embassy in Montenegro, confirming that.

  Issued by:

  Your competent authority or your embassy in Montenegro.

  What we do:

  We tell you early which certificate needs this, so that it is ready inside the 8 days.

  Law on Public Procurement:

  Art. 135b(2)6

From an estimated value of EUR 40,000 the buyer asks for a performance guarantee as well (Art. 96).

• Performance guarantee: at most 10% of the contract value, in the type and with the validity the tender documentation sets.

  Issued by:

  The issuer and type the tender documentation sets.

  What we do:

  We check the wording against the contract before it is issued.

  Law on Public Procurement:

  Arts. 96 and 98(2)5

• For an appeal: if your company has no seat in Montenegro, a proxy for service in Montenegro, or another way of service that does not delay the procedure. The appeal is filed through ESJN, with the fee of 1% of the estimated value, at most EUR 20,000.

  Issued by:

  You appoint the proxy.

  What we do:

  We tell you the appeal deadline that applies to your tender. We do not file appeals.

  Law on Public Procurement:

  Arts. 185(2) and 188(2)-(4)78