File No. MRE. 29105/2013
Ref. Type of procedure: No. 09/2013
“Tendering process to Lease a property for the Official Residence of the Argentine Embassy in United Arab Emirates”
Esteemed,
I am writing to notify you the issuance of the Provision No. 266/2015 dated on the 25 of September 2015, at-tached hereto, by which has been failed the contracting process mentioned in the reference.
Also, is hereby given that against the aforementioned administrative act the resources provided in Articles 84, 88 y 89 of the Decree No. 1759/72 of the National Administrative Procedures Law No. 19,549 may be logged within the deadlines provided for that purpose, in the above regulations.
“Ministry of Foreign Affairs and Worship
Buenos Aires, 25th of September 2015
In view of the File No. 29.105/2013 of the Registry of the Ministry of Foreign Affairs and Worship, the Decrees Nos. 1023 dated on the 13th of August 2001 and 893 dated on the 7th of July 2012, the Provision No. 18 of the 30th of January 2014 of the Legal, Technical and Administrative Subsecretary, and
Considering:
That by the Provision No. 18/14 of the Legal, Technical and Administrative Subsecretary, the bidding terms and conditions has been approved and a call to a private tendering has been authorized to rent a building intended for the Official Residence for the Embassy of the Republic of Argentina to the United Arab Emirates.
That the Mission proceeded to invite on the 1st of June of 2014, five potential bidders indicating in the invitations the deadline for the submission of biddings.
And that the call has also been published in the Embassy’s website.
And that according to the Opening Act, dated on the 10th of July 2014, the opening was held with the proposals received from companies CBRE EMIRATES LLC (bid number 1); Tourism Development and Investment Company PJSC (bid N. 2); Mubadala Capitaland Real Estate LLC (bid N. 3); Nahayan Al Mabarak Al Nahayan (bid N. 4) and Yousef Mohamed Ali Alnowais (bid N.5).
That the deadline mentioned in the Article No. 50 of the Regulation of the System of Recruitment of the National Administration approved by the decree N. 893/12 were accomplished.
That the General Directorate of Infrastructure, Services and Property Management issued the Memorandum No. 286 dated on the 17th of July 2014, concluding that the bid No. 1, completes all the Technical Specifications; the bids Nos. 2 and 3 do not meet the required surface and also the kitchen of the bid No. 2 is integrated into the living room which presents an “incorrect functionality”. Finally the bids Nos. 4 and 5 are rejected for not submitting the necessary files to analyze them.
That the Evaluating Committee issued a Report of Evaluation No. 9 E/2014 dated on the 13th of August 2014, in which they expressed that: 1) the bid of the company CBRE EMIRATES LLC indicated in pages between 120 to 154 (Non-official translation of the pages 155 to 187), for the sum of Two hundred and forty three thousand nine hundred and ninety five with 56 cents in US Dollars ($243.995,56.-), for the property located at Villa No. 22, St Regis State, Saadiyat Island, Abu Dhabi; a) according to the reports of the analysis of the submitted documents received by DGISA, arises that the bid “meets all the Technical Specifications”; b) did not present the power of attorney or any other document that attests the representation of the signatory of the Bid required in the point 3.2 of the bidding terms and conditions; c) did not present the authorization to offer to the public the mentioned property required in the point 3.7 of the bidding terms and conditions and d) arises from the draft of the contract (points 1.8 and 3.1) that the bidder determined a currency (US DOLLARS) other than that specified in point No. 4.3. b) of the bidding terms and conditions (AED dirhams). In consequence the bid contains an essential mistake that cannot be corrected in the terms of the article 84 subparagraphs j) and k) of the regulations approved by the decree No. 893/12. In regards to the indicated point, the rectification of the points b) and c) wasn’t requested to the bidder; II) The bid of the company TOURISM DEVELOPMENT & INVESTMENT CO. indicated between the pages 188 to 232 (Non-official translation of the pages 233 to 274) for the sum of one hundred and seven thousand three hundred and twenty three with 10 cent in US DOLLARS ($107.323,10.-), for the property located in the Department No. 6, Residence 1, Eastern Mangroves Residences, Abu Dhabi: a) according to the reports of the analysis of the submitted documents received by DGISA, arises that the bid doesn’t meet the required surface and presents an “(….) unfortunate design of the premises that comprises the social area, which determines that the internal distribution, presents an incorrect functionality, given that the kitchen is integrated into the living room (….)”; b) didn’t signed all the documentation that integrates the bid as indicated in the point No. 4, second paragraph of the bidding terms and conditions. Notwithstanding the above, a correction wasn’t required for not been necessary as indicated by the technical area in the point a); III) In regards to the presentations made by the company NAHAYAN MABARAK AL NAHAYAN between the pages 313 to 315 (Non official translation between 310 to 312); YOUSEF MOHAMED ALI ALNOWAIS between pages 316 to 335 (Non official translation between 336 to 349) and MUBADALA CAPITALAND REAL STATE LLC between pages 275 to 293 (Non official translation between pages 294 to 309), and must declare the unacceptable bids according to the same and the opening act dated on 10th of June 2014, were sent throw the Email, when the original were supposed to be sent in a closed envelope, according to the point No. 3 of the bidding terms and conditions and the Articles 63 and 147 in reserve point No. b), both are from the regulation of the system of recruitment of the national administration approved by the decree No. 893/12 (B.O. 14/06/2012)”.
It was recommended: “to declare inadmissible the presentations of the companies NAHAYAN MABARAK ALNAHAYAN; YOUSEF MOHAMED ALI ALNOWAIS and MUBADALA CAPITALAND REAL STATE LLC; and reject the bids of the company CBRE EMIRATES LLC TOURISM and DEVELOPMENT & INVESTMENT CO. and declare the failure of the private tendering EEARB No. 9/2014”.
That the report of evaluation mentioned previously was notified to the bidders according to the terms of the Article No. 92 of the Regulation of the System of Recruitment of the National Administration approved by the Decree No. 893/12, no objections to the same were received within the legal deadline.
That In view of the mentioned previously must declare the failure of the private tendering EEARB No. 9/2014.
The Administration of Procurement and Contracting participated in the dictation of this measure.
The Budget Administration has intervened in the field of its competence.
That the General Directorate of Administration and The General Directorate of Infrastructure, Services and Property Management have intervened in the field of their respective competence.
The General Directorate of the Legal Affairs has intervened in the field of its competence.
That this measure has been issued with the use of the powers granted by the Article No. 14 clauses c) of the Regulation of the System of Recruitment of the National Administration approved by the Decree No. 893/12, modified with the Decree No. 1039 dated on the 29th of July 2013.
Therefore,
THE LEGAL, TECHNICAL
AND ADMINISTRATIVE SUBSECRETARY
STATES THAT:
Article No. 1: Approval of the procedure of the Private Tendering EEARB No. 9/2014 to rent a building intended for the Official Residence for the Embassy of the Republic of Argentina to the United Arab Emirates.
Article No. 2: Dismiss the bids presented by the companies CBRE EMIRATES LLC; TOURISM DEVELOPMENT AND INVESTMENT COMPANY PJSC; MUBADALA CAPITALAND REAL STATE LLC; NAHAYAN MABARAK AL NAHAYAN and YOUSEF MOHAMED ALI ALNOWAIS, and for the reasons stated previously in the provision.
Article No. 3: Declared the failure of the Private Tendering No. EEARB 9/2014.
Article No. 4: Register, informed and filed.
Provision No. 266”
You have been duly notified.