HELLENIC REPUBLIC — TO BE REGISTERED IN KIMDIS

NOMOS CHANIA MUNICIPALITY OF APOKORONAS TECHNICAL DEPARTMENT Contact: Konstantina Samara Vryses Apokoronas, 73007 Tel.: 28253 40344 Fax: 2825051211 Email: [email protected]

Approved Request: 26REQ019361787 CPV: 45233142-6

TO:

1. DAFNOMILIS EMMANOUEL OF NIKOLAOU Tax ID (AFM): 054831894, Tax Office of Rethymno ID Card No.: A00011594 Address: Garazo, Municipality of Mylopotamos, Postal Code 74054 Tel.: 6976585951 Email: [email protected]

2. XEKALOS EMMANOUEL OF GEORGIOU Tax ID (AFM): 046848182 ID Card No.: ΑΝ474319 Address: Kourmoulis 38A, Postal Code 74100, Rethymno Tel.: 2831042342 / 6977506916 Email: [email protected]

3. BERVANAKIS GIORGOS OF EMMANOUEL Tax ID (AFM): 06653810 Address: G. Androulidaki 25, Postal Code 74100, Rethymno Tel.: 6932919703 Email: [email protected]

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SUBJECT: INVITATION TO SUBMIT AN OFFER FOR THE SELECTION OF A CONTRACTOR FOR THE PROJECT: "Restoration of Damage to Municipal Road Network (Use 2026)"

CPV: 45233142-6 NUTS: EL434

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26PROC019557972 — 2026-07-31

The Municipality of Apokoronas intends to implement the project "Restoration of Damage to Municipal Road Network (Use 2026)", in accordance with Technical Study No. 14/2026 of the Technical Department, with an estimated value of 74,400.00 € including VAT, and announces the following:

1. The award shall be made in accordance with the provisions of Law 4412/2016, Article 118, as currently in force following its amendment by Article 50 of Law 4782/2021.

2. Free, full, direct and unrestricted electronic access to the contract documents is provided on the specially designated, publicly accessible area "Electronic Tenders" of the portal www.promitheus.gov.gr, as well as on the contracting authority's website www.apokoronas.gov.gr, with reference to the system tender number and a link to the aforementioned digital space of "ESIDIS – PUBLIC WORKS". All communication and exchange of information shall take place via the internet portal www.promitheus.gov.gr of the "OPS-E.SI.DI.S".

3. Expenditure approval Decision No. 385/2026 has been issued (ADA: Ψ2Ψ7ΩΨΤ-977, ADAM: 26REQ019361787).

4. The project is financed from Budget Account Code A.L.E.: 030.2420301.027.

5. The selection of the Contractor shall be made in accordance with the direct award procedure of Article 118 of Law 4412/2016 and under the conditions of that law.

The award criterion is the most economically advantageous tender based solely on price (lowest price).

The financial offer shall be drawn up and submitted in accordance with Article 95, paragraph 2(a) of Law 4412/2016 (as amended by Law 4782/2021).

6. Execution of the project shall commence upon signing of the contract, and the deadline for completion of the entire contract is eight (8) months, with the possibility of extension.

7. Contracting Authority: MUNICIPALITY OF APOKORONAS

Tax Identification Number (AFM): 997570100

| Street | Vryses | |---|---| | Postal Code | 73007 | | Tel. | 28253-40344 | | General Internet Address (URL) | www.apokoronas.gov.gr | | E-Mail | [email protected] | | Information | Konstantina Samara |

Employer or Owner of the Project: Municipality of Apokoronas Project Construction Entity: Municipality of Apokoronas Supervisory Authority: Municipal Council Supervising Service: Technical Services Department of the Municipality of Apokoronas

8. The following legislative provisions apply to the direct award procedure and project execution:

• Law 4412/2016 "Public Contracts for Works, Supplies and Services (Adaptation to Directives 2014/24/EU and 2014/25/EU)" (A' 147)
• Law 4782/2021 (Government Gazette 36/Vol. A/09-03-2021) "Modernisation, simplification and reform of the regulatory framework for public contracts, specific procurement regulations in the fields of defence and security and other provisions for development, infrastructure and health"
• Law 4013/2011 (A' 204) "Establishment of a unified Independent Public Procurement Authority and Central Electronic Public Contract Registry"
• Law 4727/2020 (A' 184) "Digital Governance (Incorporation into Greek Law of Directive (EU) 2016/2102 and Directive (EU) 2018/1972) and other provisions"
• Law 2690/1999 (A' 45) "Ratification of the Code of Administrative Procedure and other provisions"
• Law 3852/2010 (A' 87) "New Architecture of Local Government and Decentralised Administration – Kallikratis Programme", as amended and in force
• Law 3463/2006 (A' 114) "Ratification of the Municipal and Community Code", as amended and in force
• All provisions of social security, labour, environmental and tax law and, more generally, every provision (Law, Presidential Decree, Ministerial Decision) and interpretive circular governing the award and execution of the contract under this agreement, even if not expressly mentioned

9. Grounds for Exclusion

Any tenderer is excluded from participation in this contract award procedure if the following circumstances apply to the person in question (if an individual natural or legal person) or to any one of its members (if a consortium of economic operators):

9.A.1. When a final and irrevocable conviction exists against them for any of the following offences:

a) Participation in a criminal organisation, as defined in Article 2 of Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ 300 of 11.11.2008, p. 42), and the offences under Article 187 of the Penal Code (criminal organisation);

b) Active bribery, as defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union (OJ 195 of 25.6.1997, p. 1) and Article 2(1) of Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ 192 of 31.7.2003, p. 54), as well as offences under Articles 159A, 236, 237 paragraphs 2–4, 237A paragraph 2 and 396 paragraph 2 of the Penal Code;

c) Fraud, against the financial interests of the Union within the meaning of Articles 3 and 4 of Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 (OJ 198/28.07.2017), and specific offences under the Penal Code and the National Customs Code (Law 2960/2001, A' 265);

d) Terrorist offences or offences linked to terrorist activities, as defined in Articles 3–4 and 5–12 of Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 (OJ 88/31.03.2017), and offences under Articles 187A and 187B of the Penal Code and Articles 32–35 of Law 4689/2020 (A' 103);

e) Money laundering or terrorist financing, as defined in Article 1 of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 (OJ 141/05.06.2015), and offences under Articles 2 and 39 of Law 4557/2018 (A' 139);

f) Child labour and other forms of trafficking in human beings, as defined in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 (OJ 101 of 15.4.2011, p. 1), and offences under Article 323A of the Penal Code (trafficking in human beings).

An economic operator is also excluded where the person against whom a final irrevocable conviction has been issued is a member of the administrative, management or supervisory body of that economic operator, or has powers of representation, decision or control therein.

This obligation concerns: a) In the case of limited liability companies (EPE), partnerships (OE, EE) and private capital companies (IKE): the managers; b) In the case of public limited companies (AE): the Managing Director, the members of the Board of Directors, and persons to whom the Board of Directors has delegated overall management and representation of the company; c) In the case of cooperatives: the members of the Board of Directors; d) In the case of other legal persons: the respective legal representative.

9.A.2. a) When the tenderer has breached its obligations regarding the payment of taxes or social security contributions, as established by a final and binding judicial or administrative decision in accordance with the legislation of the country in which it is established or national legislation; and/or b) The contracting authority can demonstrate by appropriate means that the tenderer has breached its obligations regarding the payment of taxes or social security contributions.

If the tenderer is a Greek citizen or is established in Greece, social security contribution obligations cover both primary and supplementary insurance. The obligations under (a) and (b) are deemed not to have been breached if they are not yet overdue or if they are subject to a binding arrangement that is being respected. The tenderer is not excluded where it has fulfilled its obligations by paying the taxes or social security contributions owed, including accrued interest or fines, or by entering into a binding arrangement for their payment, to the extent that it complies with the terms of such arrangement.

9.A.3. A tenderer in any of the following situations is also excluded: (a) Breach of obligations under Article 18(2) of Law 4412/2016, concerning principles applicable to public procurement procedures; (b) If the economic operator is subject to bankruptcy proceedings, special liquidation, court-ordered administration, bankruptcy settlement, has suspended its business activities, or is subject to a rescue procedure and is not complying with its terms, or is in any analogous situation under national law; (c) If the contracting authority has sufficiently plausible indications that the economic operator has entered into agreements with other economic operators with the aim of distorting competition; (d) If a conflict of interest within the meaning of Article 24 of Law 4412/2016 cannot be effectively remedied by other, less intrusive measures; (e) If a distortion of competition from the prior involvement of the economic operators in the preparation of the procurement procedure, as provided for in Article 48 of Law 4412/2016, cannot be remedied by other, less intrusive measures; (f) If the economic operator has shown significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract, a prior contract with a contracting entity or a prior concession contract, resulting in early termination of that prior contract, damages or other comparable sanctions; (g) If the economic operator has been guilty of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria, has withheld such information or is not in a position to submit the supporting documents required pursuant to Article 79 of Law 4412/2016 on the European Single Procurement Document, and Article 23 of this notice; (h) If the economic operator has undertaken to unduly influence the decision-making process of the contracting authority, to obtain confidential information that may confer undue advantages upon it in the contract award procedure, or to negligently provide misleading information that may have a material influence on decisions concerning exclusion, selection or award; (i) If the economic operator has committed a serious professional misconduct.

9.A.4. The contracting authority shall exclude an economic operator at any point during the contract award procedure when it is proved that, due to acts or omissions either before or during the procedure, the operator is in one of the situations referred to in the preceding paragraphs.

If the exclusion period has not been set by a final irrevocable decision, in the cases referred to in paragraph 9.A.1 the period shall be five (5) years from the date of the conviction by final irrevocable judgment, and in the cases referred to in paragraph 9.A.4, three (3) years from the date of the act establishing the relevant fact.

9.A.5. An economic operator falling under one of the situations referred to in paragraphs 9.A.1 and 9.A.4 — except for case (b) — may provide evidence to demonstrate that the measures it has taken are sufficient to prove its reliability despite the relevant ground for exclusion. To this end, the economic operator shall prove that it has paid or undertaken to pay compensation in respect of any damage caused by the criminal offence or misconduct, clarified the facts and circumstances in a comprehensive manner by actively cooperating with the investigating authorities, and taken concrete technical, organisational and personnel measures appropriate for preventing further criminal offences or misconduct. The measures taken by the economic operators shall be evaluated taking into account the gravity and particular circumstances of the criminal offence or misconduct. If the evidence is deemed sufficient, the economic operator in question shall not be excluded from the procurement procedure. If the measures are deemed insufficient, the grounds for the decision shall be communicated to the economic operator. An economic operator that has been excluded by final decision from participation in procurement or concession award procedures may not avail itself of the above option during the exclusion period set by that decision.

9.A.6. The decision on the adequacy or otherwise of the remedial measures referred to in the preceding paragraph shall be issued in accordance with the provisions of Article 73, paragraphs 8 and 9 of Law 4412/2016.

9.A.7. An economic operator against which the sanction of horizontal exclusion has been imposed in accordance with the applicable provisions shall be excluded from the present contract award procedure for the period specified therein.

9.B. Suitability to Pursue the Professional Activity

As regards suitability to pursue the professional activity, economic operators are required to be registered in the relevant professional register kept in their country of establishment.

9.C. Economic and Financial Standing

Economic operators established in Greece must possess economic and financial standing at least equivalent to that required for the class and category of the Contractors' Register (M.E.EP.) resulting from the corresponding part of the estimated contract value, pursuant to Article 76(3)(a) of Law 4412/2016, in the light of the transitional period for the application of the Public Works Contractors' Register (MH.E.E.D.E.) as provided for in Article 65 of Presidential Decree 71/2019, as amended by Article 144(4) of Law 4764/2020.

9.D. Technical and Professional Capacity

Economic operators established in Greece must possess technical and professional capacity at least equivalent to that required for the class and category of the Contractors' Register (M.E.EP.) resulting from the corresponding part of the estimated contract value.