Posipni material für die ausführung des winterdienstes

The scope of the contract is described in terms of what, how much, where and when. The subject is the supply of materials for the winter service for up to 36 months from contract signature, in four lots (sklopi), such as: Sklop 1 – road salt for gritting roads (quantity 1,800 tons); Sklop 2 – salt for solution production (180 tons); Sklop 3 – calcium chloride for solution production (60 tons); Sklop 4 – salt for access paths and stairways, 0–4 mm granulometry, supplied in 25 kg bags on pallets (360 bags of 25 kg). The contracting authority will order only quantities actually needed during the contract and may increase the scope, such as, via a contractual amendment under Article 95 ZJN‑3 if justified. Place of performance is specified, such as, Kopališka ulica 2, 9000 Murska Sobota for lots 1 and 4, and Lendavska ulica 27b, 9000 Murska Sobota for lots 2 and 3. The framework contract lasts 36 months (while one clause elsewhere mentions 12 months, the detailed subject clause clearly states 36 months for these materials), and each individual order is sent by email; delivery deadlines are, such as, 3 calendar days in winter season (20 October–10 April) and 10 calendar days outside that season. Offers must remain valid at least 4 months from the bid submission deadline, and prices must be quoted to two decimal places; if 0.00 EUR is entered, that item is considered offered free of charge, and missing unit prices make the offer inadmissible.

Award criteria and weighting are straightforward. The contract is awarded per lot to the bidder offering, such as, the lowest offer price in EUR excluding VAT for each individual lot (merilo: najnižja ponudbena vrednost brez DDV). If there are two or more identical lowest offers for the same lot, the offer submitted earlier in the e‑JN system has priority. Variant bids are not allowed and will not be considered. Arithmetic errors may be corrected by the contracting authority in line with Article 89(7) ZJN‑3, such as, recalculating totals based on unchanged unit prices and quantities or correcting an incorrect VAT rate; bidders explicitly consent to this via OBR‑13. Public opening of tenders is conducted via e‑JN with access to the uploaded PDF price schedule.

Risks and special conditions are extensively regulated in the contract template. There are no bid or performance guarantees (“Zavarovanja niso predvidena”), but significant contractual penalties and remedies exist. For example, if the supplier is in delay with a delivery (material not delivered and unloaded by the deadline calculated from Article 4), it must pay a contractual penalty of 0.5% of the value (incl. VAT) of the delayed order for each begun 24‑hour period of delay, capped at 10% of that order’s value; if the damage exceeds the penalty, the supplier must compensate the difference. The contracting authority may, such as, terminate the contract and claim damages if delays or defects thwart the purpose of the contract, or if the supplier three times delays, unjustifiably refuses orders, or does not comply with contractual conditions. In these cases the contracting authority can perform “kritni nakup” (cover purchase) from another supplier, and the original supplier must pay the positive difference in price and demonstrable costs of urgent delivery and unloading; the authority can offset these claims against amounts payable to the supplier. There is a resolutive condition (razvezni pogoj): if courts or authorities establish serious repeated breaches of labour, environmental or social law by the supplier or its subcontractor (such as repeated fines for underpayment, illegal work, etc.), and the supplier fails to prove remedial measures or to replace the subcontractor, the contract may be resolved and a new procurement started. Prices are fixed for the first year and later subject to index‑based valorisation according to SURS industrial price index, such as, only if cumulative index change exceeds 4% and with a maximum 80% transfer of index change into unit prices, via written amendment. Subcontractors may demand direct payment from the contracting authority under Article 94 ZJN‑3 by ticking “DA” on OBR‑3. The contract includes strong anti‑corruption clauses, such as, declaring the contract void if undue advantages are given to obtain the contract. There is no site meeting; questions and clarifications are only via the public procurement portal, and any clarifications or addenda issued (including those closer than 4 days to deadline) form part of the documentation and may trigger deadline extension. Question deadlines are implicitly linked to the rule that the contracting authority must respond at latest 6 days before the bid deadline.

Regarding contradictions or corrections in the documents, the text itself clarifies which statements prevail. It states that information and answers published on the public procurement portal, such as, clarifications and addenda to the tender documentation, are considered amendments or explanations and become part of the documentation; every addendum becomes a binding part of the tender. The UVODNE UGOTOVITVE clause in the contract template expressly says that the “Dokumentacija v zvezi z oddajo javnega naročila z oznako BL‑5/2026, vključno z njenimi pojasnili in spremembami, sestavljajo to pogodbo” and are used to interpret issues not explicitly regulated by the contract. Where there is a discrepancy between a Slovenian and foreign‑language document, the Slovenian version prevails. The correction (“popravek 23.10”) version of the documentation, such as, the one that updates forms numbering (OBR‑1, OBR‑2, OBR‑3, OBR‑4, OBR‑11, OBR‑12, OBR‑13) and clarifies the contract duration and price valorisation rules, is the applicable one, because addenda and clarifications are explicitly stated to modify the original and to be binding.