HELLENIC REPUBLIC — TO BE REGISTERED IN KIMDIS

NOMOS CHANIA MUNICIPALITY OF APOKORONAS TECHNICAL DEPARTMENT

Contact: Konstantina Samara Vrysses Apokoronas, 73007 Tel.: 28253 40344 FAX: 2825051211 Email: [email protected]

Approved Request: 26REQ019654485 CPV: 45111100-9

TO:

1. XEKALOS EMMANUIL SON OF GEORGIOS AFM: 046848182 ADDRESS: KOURMOULIS 38A, PC 74100 RETHYMNO TEL: 2831042342 / 6977506916 Email: [email protected]

2. MPERVANAKIS GIORGOS SON OF EMMANUIL AFM: 06653810 ADDRESS: G. ANDROULIDAKI 25, PC 74100 RETHYMNO TEL: 6932919703 Email: [email protected]

3. LYGIZOS STYLIANOS SON OF IOANNIS AFM: 027318779 ADDRESS: SIFI VLASTOU 7, PC 74100 RETHYMNO TEL: 2831025670 / 6945995323 Email: [email protected]

SUBJECT: INVITATION TO SUBMIT A BID FOR THE SELECTION OF A CONTRACTOR FOR THE CONSTRUCTION PROJECT: "REMOVAL OF HAZARDS FROM DILAPIDATED STRUCTURES AND BUILDINGS (Use Year 2026)"

CPV - 45111100-9

NUTS – EL 434

The Municipality of Apokoronas intends to implement the project "REMOVAL OF HAZARDS FROM DILAPIDATED STRUCTURES AND BUILDINGS (Use Year 2026)", in accordance with Study No. 34/2026 of the Technical Department, with an estimated value of €74,400.00 including VAT, and announces the following:

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26PROC019777622 2026-09-14

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

2. Free, full, direct and unrestricted electronic access to the contract documents is provided in the special, 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 area of "ESIDIS - PUBLIC WORKS". All communication and exchange of information takes place via the internet portal www.promitheus.gov.gr of the "OPS-E.S.I.DI.S".

3. Expenditure approval Decision No. 550/2026 has been issued (ADA: 91ΖΦΩΨΤ-ΝΡΤ, ADAM: 26REQ019654485).

4. The project is financed from Budget Appropriations, Budget Code A.L.E.: 030.2420902.004.

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

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

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

6. Execution of the project will begin upon signature of the contract, and the deadline for the execution 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 | Vrysses | |---|---| | Postal Code | 73007 | | Tel | 28253-40344 | | General Internet Address (URL) | www.apokoronas.gov.gr | | E-Mail | [email protected] | | Information: | Konstantina Samara |

Employer or Project Owner: Municipality of Apokoronas Project Construction Authority: Municipality of Apokoronas Supervisory Authority: Municipal Council Directing Service: Department of Technical Services, Municipality of Apokoronas

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

• 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 (GG 36/Vol. A/09-03-2021) "Modernisation, simplification and reform of the regulatory framework for public contracts, special 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 single independent Public Procurement Authority and Central Electronic Public Contracts Registry".
• Law 4727/2020 (A' 184) "Digital Governance (Incorporation into Greek Law of 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 Self-Government and Decentralised Administration – Kallikratis Programme" as amended and in force.
• Law 3463/2006 (A' 114) Ratification of the Code of Municipalities and Communities as amended and in force.
• The entirety of the provisions of social security, labour, environmental and tax law and generally every provision (Law, Presidential Decree, Ministerial Decision) and interpretive circular governing the award and execution of the project of this contract, even if not expressly referred to.

9. Grounds for Exclusion

Every tenderer is excluded from participation in this procurement procedure if the following applies to them (in the case of an individual natural or legal person) or to one of their members (in the case of a consortium of economic operators) one of the grounds in the following cases:

9.A.1. When there is against them an irrevocable conviction for one of the following offences:

a) Participation in a criminal organisation, as defined in Article 2 of Framework Decision 2008/841/JHA of the Council 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 in Article 2(1) of Framework Decision 2003/568/JHA of the Council of 22 July 2003 on combating corruption in the private sector (OJ 192 of 31.7.2003, p. 54), and as defined in the national law of the economic operator, and the offences under Articles 159A (bribery of political persons), 236 (bribery of an official), 237(2)–(4) (bribery of judicial officers), 237A(2) (trading in influence – intermediaries), 396(2) (bribery in the private sector) of the Penal Code,

c) Fraud to the detriment of the Union's financial interests 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 on the fight against fraud to the Union's financial interests by means of criminal law (OJ 198/28.07.2017) and the offences under Articles 159A, 216, 236, 237(2)–(4), 242, 374, 375, 386, 386A, 386B, 390 of the Penal Code and Articles 155 et seq. of the National Customs Code (Law 2960/2001, A' 265), where these are directed against or connected with the infringement of the European Union's financial interests, as well as the offences under Articles 23 and 24 of Law 4689/2020 (A' 103),

d) Terrorist offences or offences linked to terrorist activities, as defined respectively in Articles 3–4 and 5–12 of Directive (EU) 2017/541, or incitement, aiding and abetting or attempt to commit an offence as defined in Article 14 thereof, and the 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, and the 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, and the offences under Article 323A of the Penal Code (trafficking in human beings). An economic operator is also excluded when the person against whom the 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-making or control therein.

The obligation of the preceding paragraph 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 Chief Executive Officer, 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 relating to the payment of taxes or social security contributions and this has been 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 relating to the payment of taxes or social security contributions.

If the tenderer is a Greek citizen or is established in Greece, its obligations relating to social security contributions cover both primary and supplementary insurance.

The obligations under points (a) and (b) shall be deemed not to have been breached if they have not fallen due or if they are covered by a binding arrangement that is being complied with.

A tenderer is not excluded when it has fulfilled its obligations, either by paying the taxes or social security contributions owed, including, where applicable, accrued interest or fines, or by entering into a binding arrangement for their payment, to the extent that it complies with the terms of that arrangement.

9.A.3. A tenderer is excluded from participation in this public procurement procedure in any of the following situations:

(a) It has breached the obligations provided for in Article 18(2) of Law 4412/2016, concerning principles applicable to public procurement procedures,

(b) the economic operator is subject to bankruptcy proceedings or has been placed in special liquidation or is subject to compulsory administration by a liquidator or by a court or has entered into a composition with creditors or has suspended its business activities or is subject to restructuring proceedings and is not complying with its terms, or is in any analogous situation arising from a similar procedure provided for by national law.

The contracting authority may decide not to exclude an economic operator that is in one of the situations referred to in this provision, provided that the contracting authority has established that the economic operator concerned is able to perform the contract, taking into account the applicable provisions and measures for the continuation of its business activity (Article 73(5) of Law 4412/2016),

(c) if, subject to Article 44(3b) of Law 3959/2011 (A' 93) on criminal sanctions and other administrative consequences, the contracting authority has sufficiently plausible indications leading to the conclusion that the economic operator has entered into agreements with other economic operators aimed at distorting competition,

(d) if a conflict of interest situation within the meaning of Article 24 of Law 4412/2016 cannot be effectively remedied by other, less intrusive means,

(e) if a distortion of competition from the prior involvement of 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 means,

(f) if the economic operator has shown serious or repeated deficiencies in the performance of a substantive requirement under a previous public contract, a previous contract with a contracting entity or a previous concession contract, which led to early termination of that previous contract, damages or other similar sanctions,

(g) if the economic operator has been found guilty of making intentionally serious misrepresentations in providing the information required to verify the absence of grounds for exclusion or the fulfilment of selection criteria, has concealed such information or is unable to produce the documents required pursuant to Article 79 of Law 4412/2016 on the European Single Procurement Document, as well as Article 23 of this notice,

(h) if the economic operator has attempted to unduly influence the contracting authority's decision-making process, to obtain confidential information that could give it an unfair advantage in the procurement procedure, or to provide, in a fraudulent manner, misleading information that could materially affect decisions concerning exclusion, selection or award,

(i) if the economic operator has committed a serious professional misconduct. The contracting authority shall exclude an economic operator at any point in time during the procurement procedure when it is demonstrated that the economic operator is, due to its acts or omissions either before or during the procedure, in one of the situations referred to in the previous paragraphs.

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

If the exclusion period has not been determined by an irrevocable decision, in the cases of paragraph 9.A.1 that period amounts to five (5) years from the date of conviction by irrevocable decision and in the cases of paragraph 9.A.4 to three (3) years from the date of issuance of the act certifying the relevant fact.

9.A.5. An economic operator which is in one of the situations referred to in paragraphs 9.A.1 and 9.A.4, except for point (b), may provide evidence in order to demonstrate that the measures it has taken are sufficient to show its reliability despite the existence of the relevant ground for exclusion. For this purpose, 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, that it has clarified the facts and circumstances in a comprehensive manner by actively cooperating with the investigating authorities, and has taken concrete technical, organisational and personnel measures appropriate to prevent further criminal offences or misconduct. The measures taken by 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 concerned shall not be excluded from the procurement procedure. If the measures are deemed insufficient, the reasoning for such decision shall be communicated to the economic operator. An economic operator which has been definitively excluded, pursuant to applicable provisions, from participating in procurement or concession award procedures may not make use of the possibility provided above during the period of exclusion determined in that decision.

9.A.6. The decision on the adequacy or otherwise of the remedial measures under the previous paragraph shall be issued in accordance with the provisions of Article 73(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 applicable provisions, and for the period determined therein, is excluded from this procurement procedure.

9.B. Suitability to Pursue the Professional Activity

With regard to suitability to pursue the professional activity, economic operators are required to be registered in the relevant professional register maintained in the state of their establishment.

9.C. Economic and Financial Standing

Economic operators established in Greece must have economic and financial standing at least commensurate with that required for the class and category of the Contractors' Register (M.E.EP.) that results based on the corresponding part of the estimated contract value, in accordance with Article 76(3a) of Law 4412/16, in view of the transitional period of application of the Register of Contractors for Public Works (MI.E.E.D.E.) as provided for in Article 65 of Presidential Decree 71/2019 as amended and in force by Article 144(4) of Law 4764/2020.

9.D. Technical and Professional Ability

Economic operators established in Greece must have technical and professional ability at least commensurate with that required for the class and category of the Contractors' Register (M.E.EP.) that results based on the corresponding part of the estimated contract value, in accordance with Article 76(3a) of Law 4412/16, in view of the transitional period of application of the Register of Contractors for Public Works (MI.E.E.D.E.) as provided for in Article 65 of Presidential Decree 71/2019 as amended and in force by Article 144(4) of Law 4764/2020.

10. Electronic Submission of Tender Documents and Contents of the Tender File

Tenders shall be submitted electronically through the internet portal www.promitheus.gov.gr of the OPS ESIDIS, by the deadline date and time specified in Article 12 of this invitation, in an electronic file of the subsystem "ESIDIS - PUBLIC WORKS", and shall be signed with at least an advanced electronic signature.

Full tender document (PDF)