Tool Satena
Tool Satena
Tool Satena
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OFFICIAL TRANSLATION No. 7416/2014
PURPOSE: Sale of Dornier 328 100 MSN 3092 Aircraft and components of aircrafts.
For further information, Phone number: 4238530 Extension 4060/4061/4062. Avenida El Dorado No.
103 - 08, Entrada No.1, Interior 11 of the city of Bogotá, D.C. Web page: www.satena.com and email:
alejandra.cuevas@satena.com
CHAPTER 1
Sale of Dornier 328 100 MSN 3092 aircraft and components of aircrafts in accordance with the
technical specifications established in ANNEX No. 1
All information and updates resulting from this process will be published and may be seen at the Web
page of SATENA, www.satena.com, therefore it should be understood that such acts may be
opposed by third parties as of the time they appear published on this Web page.
If you require further information, clarification or explanation about one or more of the points
established in the Bidding Conditions, you should get in touch with the Contract Group of SATENA
located at Av. El Dorado No 103 – 08 Entrada 1 Interior 11 of the city of Bogotá D.C. by filed written
communication or to the email alejandra.cuevas@satena.com.
The contract's term of execution signed with SATENA will be from August 4, 2014 to August 22,
2014; its duration for effects of settlement and other applicable procedures will be four (4) months
subsequent to its termination date.
SATENA will deliver the aircraft to be sold referred to in this contracting process at its facilities
located at Avenida El Dorado No. 103-08 Entrada 1 Interior 11 of the city of Bogotá D.C.,
Colombia. The bidder/buyer will be solely responsible for moving and transportation expenses of the
assets that are the purpose of this process.
SATENA will deliver the assets that are the purpose of the sale process under “As is, where is”
conditions in accordance with the technical specifications established in ANNEX No. 1 of these
Bidding Conditions, free from seizures, liens or any other domain limitation during the contract term.
The Aircraft will be delivered with a favorable concept to be exported issued by the Colombian
Aeronautical Authority.
The bidder is aware of and accepts the technical characteristics and the general conditions of the
assets that are the purpose of this sale process and therefore bidder waives any eventual claim
based on unawareness or insufficient knowledge of the aircraft exonerates SATENA of any liability
regarding these aspects.
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OFFICIAL TRANSLATION No. 7416/2014
1.6. AWARD
Selection will be PARTIALLY conducted per GROUP. Therefore, bidders will be able to tender for
ONE or BOTH GROUPS included in the ANNEX No. 1 attached hereto. Due to the aforementioned, it
is understood that the bidder undertakes to buy all the items making up part of each GROUP.
SATENA reserves the right of PARTIALLY awarding the GROUP No. 2 per item without implying
entailment or commitment of any kind or it will not establish just cause to file a claim.
According to the commercial valuation of the assets that are the purpose of this process, the
minimum sales reference price will be the following:
Note 1: Bidders shall submit their bids in US Dollars taking into account the reference price
established in this point, that is, the amount offered shall correspond to the minimum price
stipulated herein.
Notwithstanding, in case the entity receives purchase offers for amounts below those
determined on this item, SATENA reserves the right to consider the offer without implying
entailment or commitment of any kind or it will not establish just cause to file a claim.
Note 2: The bidder is aware of and accepts that the values submitted become part of the bids
preselection process and therefore they might be susceptible of negotiation on a direct sale process
pursuant to provisions set out on SATENA’ Contracting Manual in force.
Note 3: The minimum sale reference price is given in US Dollars; these values include all types of
taxes, rates, contributions and national tax burdens which will be borne by SATENA and all direct
and indirect costs resulting from or due to the future contract.
Note 4: The offer shall be submitted in US Dollars and it will be paid according to provisions of point
1.7 of these bidding conditions.
Note 5: for the effects of submitting the economic offer, the bidder must complete ANNEX No. 5
ECONOMIC OFFER attached to these bidding conditions.
The sale value of the aircraft will be whether the minimum sale reference price or the value agreed
upon to that effect in US Dollars.
The value agreed for the aircraft that is the purpose of this process will be paid as follows:
FOREIGNERS: through a deposit in US Dollars to the bank account abroad that SATENA
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OFFICIAL TRANSLATION No. 7416/2014
NATIONALS: through a deposit in Colombian Pesos to the bank account in Colombia that
SATENA will provide to that effect. The value to be deposited will be the result of
multiplying the minimum sales reference price or the value agreed upon to that effect
in US Dollars by the market representative rate in force on the date the respective
deposits are deposited.
AIRCRAFT
This value will not be reimbursed for any reason, especially and not being the only causes, for
retraction on signing the and/or for the existence of ineligibility, incompatibility, conflict of interest
or any other omission or irregularities by the bidder/buyer subsequently to signing the Letter of
Intention. Therefore, SATENA does not assume any liability for the loss of the values paid by the
bidder or buyer. Notwithstanding the above, values may be reimbursed to the bidder/buyer for
situations attributable to the vendor, for matters of force majeure or act of God or for the total or
partial loss of the assets that are the purpose of this process.
This value will not be reimbursed for any reason, especially and not being the only causes, of
breach by the buyer of the terms agreed to pay the assets and/or for the existence of ineligibility,
incompatibility, conflict of interest or any other omission or irregularities by the bidder
subsequently to signing the contract. Therefore, SATENA does not assume any liability for the
loss of the values paid by the bidder or buyer. Notwithstanding the above, values may be
reimbursed to the bidder/buyer for situations attributable to the vendor, for matters of force
majeure or act of God or for the total or partial loss of the assets that are the purpose of this
process.
3. The last payment of the remaining balance as of the formal delivery date of the assets that are
the purpose of this process, pursuant to the terms established in these bidding conditions and in
the contract.
This value will not be reimbursed for any reason, especially and not being the only causes, of
breach by the buyer of any of the obligations established in the contract and/or for the existence
of ineligibility, incompatibility, conflict of interest or any other omission or irregularities by the
bidder subsequently to signing the contract. Therefore, SATENA does not assume any liability for
the loss of the values paid by the bidder or buyer.
Notwithstanding the above, values may be reimbursed to the bidder/buyer for situations
attributable to the vendor, for matters of force majeure or act of God or for the total or partial loss
of the assets that are the purpose of this process.
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OFFICIAL TRANSLATION No. 7416/2014
COMPONENTS
This value will not be reimbursed for any reason, especially and not being the only causes, for
retraction on signing the and/or for the existence of ineligibility, incompatibility, conflict of interest
or any other omission or irregularities by the bidder/buyer subsequently to signing the Letter of
Intention. Therefore, SATENA does not assume any liability for the loss of the values paid by the
bidder or buyer. Notwithstanding the above, values may be reimbursed to the bidder/buyer for
situations attributable to the vendor, for matters of force majeure or act of God or for the total or
partial loss of the assets that are the purpose of this process.
This value will not be reimbursed for any reason, especially and not being the only causes, of
breach by the buyer of the terms agreed to pay the assets and/or for the existence of ineligibility,
incompatibility, conflict of interest or any other omission or irregularities by the bidder
subsequently to signing the contract. Therefore, SATENA does not assume any liability for the
loss of the values paid by the bidder or buyer. Notwithstanding the above, values may be
reimbursed to the bidder/buyer for situations attributable to the vendor, for matters of force
majeure or act of God or for the total or partial loss of the assets that are the purpose of this
process.
3. The last payment of the remaining balance as of the formal delivery date of the assets that are
the purpose of this process, pursuant to the terms established in these bidding conditions and in
the contract.
This value will not be reimbursed for any reason, especially and not being the only causes, of
breach by the buyer of any of the obligations established in the contract and/or for the existence
of ineligibility, incompatibility, conflict of interest or any other omission or irregularities by the
bidder subsequently to signing the contract. Therefore, SATENA does not assume any liability for
the loss of the values paid by the bidder or buyer.
Notwithstanding the above, values may be reimbursed to the bidder/buyer for situations
attributable to the vendor, for matters of force majeure or act of God or for the total or partial loss
of the assets that are the purpose of this process.
1.9. PENALTIES:
The deposits value made by the bidder or buyer during the development of this process and
subsequently to signing the contract will not be reimbursed for any reason, especially and not being
the only causes for retraction on signing the contract, for the existence of ineligibility, incompatibility,
conflict of interest or any other omission or irregularities by the bidder and/or for breach of the
obligations or of the terms agreed in the contract to pay the assets. Therefore, SATENA does not
assume any liability for the loss of the values paid by the bidder or buyer.
Notwithstanding the above, values may be reimbursed to the bidder/buyer for situations attributable
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OFFICIAL TRANSLATION No. 7416/2014
to the vendor, for matters of force majeure or act of God or for the total or partial loss of the assets
that are the purpose of this process.
Once the bids preselection process and the direct sales procedure is concluded, the selected
bidder(s) will sign a letter of intention with binding effects which will describe the agreement between
the parties, the economic basis of the sale and the subsequent commitments which will be formalized
in the sale contract.
The sale contract of the aircraft that is the purpose of this preselection process will be entered into on
the date established on point 2.2 “PROCESS TIMETABLE” and it will be legalized according to
Colombian civil and commercial law regulations.
The notary fees regarding the deed (Part Twenty Point 20.7.3.1.1 from Aviation Regulations of
Colombia), registration and other taxes resulting from the signing of the sale contract of the aircraft
that is the purpose of this process will be borne by SATENA.
SATENA will not accept alternative or partial offers diverging from the conditions and requirements
described in these bidding conditions, its annexes and addendums, and based on material or
substantial aspects.
SATENA reserves the right of PARTIALLY awarding the GROUP No. 2 per item without implying
entailment or commitment of any kind or it will not establish just cause to file a claim
The bidder is aware of and accepts that the values submitted by him/her become part of a
preselection of bids and therefore, he/she might be susceptible of a direct sale negotiation process
pursuant to provisions set out in the SATENA’ Contracting Manual in force.
CHAPTER 2
Law 1427 of 2010 modified the legal nature of SATENA and determined that all its legal acts,
contracts and actions required managing and developing its corporate purpose, once the company
was organized as a mixed economy company, it would be exclusively governed by private law
regulations regardless of governmental contribution percentage within the capital stock of the
company.
For legal and contracting effects, SATENA has adopted its own Contracting Manual as special and
particular regulations; accordingly contracts entered into by SATENA will be governed by its
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OFFICIAL TRANSLATION No. 7416/2014
Contracting Manual and those issues particularly regulated by civil and commercial law, as
appropriate.
Without prejudice to the aforementioned, SATENA will apply the principles of administrative function
and fiscal management referred to in articles 209 and 267 of the Political Constitution, respectively as
well as the regime of ineligibilities and incompatibilities for governmental contracting provided by the
Law 80 of 1993 and its Regulatory Decrees and provided by the Anticorruption Statute.
In accordance to what was stated, this preselection process will be carried out pursuant to the
following modality set out in the Contracting Manual in Force as follows:
A. (…)
2.2. PROCESS TIMETABLE: For all effects, time will be understood as Colombian legal
time
Starting Termination
Activity Starting Date Termination Date Time
Plays
Time
To email:
Submission of Remarks to
May 26, 2014 June 17, 2014 8:00 am 5:00 pm alejandra.cuevas@satena.com or
the Bidding Conditions
to Contract Group Office.
To email:
Submission of Remarks to
June 25, 2014 June 27, 2014 8:00 am 4:00 pm alejandra.cuevas@satena.com or
Prior Report
to Contract Group Office.
Final Evaluation Report
Publication
SATENA Web page:
July 2, 2014 8:00 am
Answer to Remarks. www.satena.com
Preselection of Bid(s)
SATENA Facilities
Direct sale / negotiation
July 3, 2014 July 17, 2014
procedure (estimated)
Contract Group Office
Contract signature
August 4, 2014 Contract Group Office
(estimated)
SATENA facilities
Offers may be submitted by individuals and national or foreign legal entities with legal capacity
pursuant to Colombian legal regulations.
- Foreigners:
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Foreign entities without a branch in Colombia interested on participating on this sale process should
provide, when applicable, the documents requested in these bidding conditions by submitting whether
an equivalent document issued by the competent person abroad or a document containing the same
information requested by SATENA in these bidding conditions.
The documents issued abroad shall be subject to provisions set out in legal regulations in force
related to the documents granted by a foreign authority.
The bidder shall learn about the legal requirements of the jurisdiction about the purpose of the
contract being performed.
Invitations to bid or to participate in an auction are not legally considered as binding but as a request
to interested parties, if they wish to do so, to submit their bids or quotations to SATENA which for this
fact does not assume any commitment to continue with the process or to conclude it.
SATENA will not consider as valid those proposals diverging from the conditions or specifications
contained in this preselection and constituting material or substantial aspects, or when the same
condition the sale that is the purpose of this preselection process.
SATENA reserves the right of suspending or terminating the preselection process at any of its
stages, if none of the bids presented are preselected, that the contract is not awarded to any of the
bidders or the sales process is not concluded, which shall not imply any liability for SATENA in
relation to the bidders affected by such decision.
The bidder is aware of and accepts that the values presented by him/her become part of a bids
preselection and that therefore, he/she can be susceptible of negotiation on a direct sale process
pursuant to provisions set out in SATENA’ Contracting Manual in force.
The bidder is aware of and accepts that if SATENA receives purchase offers having values below the
amounts set forth on point 1.7 MINIMUM SALES REFERENCE PRICE, SATENA reserves the right
of considering the bid without this implying entailment or commitment of any kind or it will not
constitute just cause to file a claim.
It is also clarified that by submitting and/or receiving bids SATENA does not assume any commitment
to continue or conclude the sale process.
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This document describes the technical, economic, legal, contractual basis in addition to the required
conditions that the bidder must take into account in order to prepare and submit the proposal to
purchase the assets established in these Bidding Conditions.
The bidding conditions should be interpreted on its entirety and its provisions should not be
understood separately; therefore, the annexes and addendums make up part of these bidding
conditions.
Interested parties may request any clarification to the contents of these bidding conditions or to the
evaluation reports within the term indicated on point 2.2. “PROCESS TIMETABLE” to the email
alejandra.cuevas@satena.com, or directly filed at the facilities of the Contract Group Office of
SATENA, to which SATENA will immediately respond by means of a written communication
published at the Web page, via email, fax or ordinary mail.
Remarks to the bidding conditions or to evaluation reports that arrive subsequently to the date and
time indicated on the “PROCESS TIMETABLE” will be understood as extemporaneous and therefore
they will not be answered.
Based on the applicable remarks, SATENA will be able to make Addendums to the bidding
conditions, and the amendments it deems convenient will be published at the Web page
www.satena.com.
2.7. EXPRESSION OF INTEREST AND PHYSICAL INSPECTION: (Annex No. 6 and Annex
No. 7)
- EXPRESSION OF INTEREST
Bidders may express their interest in participating in this selection process and their intention to bid
by filling out the APPENDIX No. 6 of these bidding conditions and sending it to Avenida El Dorado
No. 103-08 Entrada 1 Interior 11 of the city of Bogotá D.C. or by email:
aleiandra.cuevas@satena.com, or by sending a written communication to the physical and email
address listed above. Expressions of interest can be sent from 8:00 am on May 26, 2014 up to 5:00
pm on June 6, 2014.
- PHYSICAL INSPECTION
Bidders may inspect the assets that are the purpose of this preselection process which is located at
the SATENA facilities of Avenida El Dorado No. 103 - 08, Entrada No.1, Interior 11 of the city of
Bogotá, D.C., Colombia, from 8:00 am on June 9, 2014 up to 5:00 pm on June 17, 2014, with prior
request for an appointment to emails alejandra.cuevas@satena.com or ingenieria@satena.com or
to phone number 4238530 Ext. 4060 / 4062 / 4410 / 4411 of the city of Bogotá D.C., Colombia.
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The person designated to perform the physical inspection of the assets and components that are the
purpose of this process will represent and commit the bidder for all aspects related to verification,
acceptance and awareness of the physical and technical conditions of the aircraft inspected.
Aircraft inspection consist of a visual inspection of plans with extended flaps, landing gears and
wheels with the doors open, engines with the doors open, full access to passengers cabin and pilots’
cockpit of powered aircraft and access to the Avionics equipment areas.
In order to sign the letter of intention, SATENA will verify that the bidder has physically inspected the
aircraft and components that are the purpose of this process. The physical inspection certificate
becomes a requirement to sign the letter of intention.
The bidder/buyer is exclusively responsible for verifying, becoming aware of, and accepting the
physical and technical conditions of the aircraft that is the purpose of this sale process, therefore,
SATENA will neither assume any liability nor accept any claims related to unawareness or insufficient
knowledge of the conditions, state and/or technical characteristics of the assets to be sold.
On the date, time and place indicated on point 2.2. “PROCESS TIMETABLE”, the official closing of
the term to submit bids within the present process will be carried out. For all effects, time will be
understood as legal Colombian time.
SATENA reserves the right of considering the bids submitted after the time limit laid down in the
“PROCESS TIMETABLE” without implying entailment or commitment of any kind or it will not
establish just cause to file a claim.
Once the bid has been filed at the Contract Group of SATENA, or by email or by ordinary mail
pursuant to provisions set out in point 3.2 of these bidding conditions, within the term established to
present bids in the “PROCESS TIMETABLE”, it will be understood as a final proposal and therefore
it may not be the purpose of any modification, complementation or addition by the bidder.
The request in writing made by a bidder about withdrawing its offer at any time, before the date and
time set out for closing the reception term of proposals of this process will be returned in the state it
was delivered and that bidder may not submit another offer by himself or through a third party.
Subsequently to the closing date of the process, the bidder may not withdraw the proposal or modify
the terms and conditions of the same until the time that SATENA selects the most favorable bid(s)
and it starts the direct sale process, in that case, the economic conditions of the preselected bid(s)
may be rejected, negotiated, modified or improved.
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Once the term to receive bids has expired, Minutes shall be taken at the Contract Group Office of
SATENA stating the way the bid was received, name of bidders who submitted the bid and its value
when it does not involve an inverse auction, in that case such data will be omitted for reasons
attributable to the dynamics of the preselection process.
Within the date and time indicated on point 2.2. “PROCESS TIMETABLE”, SATENA will prepare the
technical and economic studies required within the bids evaluation stage. For all effects, time will be
understood as Colombian legal time.
Within such term clarifications, explanations and/or documents considered pertinent may be
requested, without giving the bidder the right to add, modify or improve the bid until SATENA selects
the most favorable bid(s) and it starts the direct sale process in that case economic conditions of the
preselected bid(s) may be rejected, negotiated, modified or improved.
Within the date, time* and place indicated in point 2.2. “PROCESS TIMETABLE”, in its Web page
SATENA will publish the evaluation reports from 8:00 am to 5:00 pm so that bidders may present the
remarks they deem pertinent. During the exercise of this authority they may not complete, add,
modify or improve their bids until SATENA selects the most favorable bid(s) and it starts the direct
sale process in that case economic conditions of the preselected bid(s) may be rejected, negotiated,
modified or improved.
CHAPTER 3
The bidder-contracting party shall prepare the bid at his/her own risk pursuant to what is requested
on these Bidding Conditions, and in its annexes and addendums. The bid along with the adjustments
that could arise, requested by SATENA, will make up part of the sale contract of the aircraft and
components that are the purpose of this preselection process.
The studies carried out by the entity for this contracting process are to determine the process basis;
they should not be considered at any time or be taken as an advisory for the bidder in the sense of
legal investment, financial, tax, fiscal or of any other nature.
The bidder-contracting party shall take into account all expenses incurred into to attain the purpose of
the contract derived from the present preselection process it will be based on his/her own technical,
economic and legal studies and on his/her own estimates and characteristics of the business to be
made.
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Therefore:
a. The bidder will be responsible for being aware of all and any legal and economic involvements
his/her bid implies.
b. The bidder must inform his/herself about the legal requirements of the jurisdiction and the type
of contract being performed.
c. In case the bidder has not obtained all the information which could influence the preparation of
his/her bid, this will neither exempt the bidder from his/her liability regarding the contents of the bid
nor give him/her the right to any claim, reimbursements to readjustments by the future contracting
party in case such omissions generate a surcharge on the purchase.
d. The bidder/buyer is exclusively responsible for verifying, being aware of and accepting the
physical and technical conditions of the aircraft that is the purpose of this sale process, therefore,
SATENA will neither assume any liability nor accept any claim related to unawareness or insufficient
knowledge of the conditions, state and/or technical characteristics of the assets to be sold.
e. Costs to prepare and submit the bid will be exclusively at the bidder's own risk, which is why
SATENA will neither acknowledge any amount nor make any reimbursement of any nature for such
concepts.
SATENA will not consider those bids diverging from the conditions and requirements described on
these Bidding conditions and based on material or substantial aspects.
In order to facilitate the correct integration of the bid by the bidder, its study and evaluation the bidder
should attach the bid’s documents in the same order listed on the following numerals, and include an
index.
Bids must be submitted in writing either in Spanish or English delivered in an original on a closed
envelope, duly labeled on the outside indicating the process number with all completed attachments.
The bid should be numbered in strict ascending numerical order. In case of discrepancy between the
magnetic media and the hard copy, the information contained in the hard copy will prevail.
The bid should be signed by the bidder, through its representative or attorney, whichever is
applicable including the essential documents and requirements to consider and study the bid,
complying with these Bidding Conditions instructions.
Each bidder must present a single and exclusive bid, which shall fully comprise all the requirements
of the bidding conditions and adjust to all requirements, specifications and conditions established on
the bidding conditions.
SATENA will not admit bids sent by fax; all attachments indicated on the bidding conditions must be
fully filled out, under the penalty of not having a qualification for the aspect not filled out, when
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established. There will be no exemptions on the responsibility of data, reports, documents and results
provided in the process.
The documents issued abroad shall be subject to provisions set out in the legal regulations in force
related to documents granted by foreign authorities.
SATENA reserves the right of corroborating the veracity of the information provided by bidders.
SATENA reserves the right of considering the bids submitted after the time limit laid down in the
“PROCESS TIMETABLE” without implying entailment or commitment of any kind or it will not
establish just cause to file a claim.
In order to safeguard the bidders’ right of participation and guarantee plurality of bidders in the
process, SATENA will admit bids sent by email and/or ordinary mail, in accordance to the following
terms:
1. Bids sent by email shall be sent to the email alejandra.cuevas@satena.com within the term
established for the closing of the process and reception of bids established on point 2.2
“PROCESS TIMETABLE”. For the effects of establishing reception date and time of a bid, it
will be taken into account the date and time of arrival of the addressee. SATENA does not
assume any liability for failure, inconsistency or error when sending the bids by email. For all
effects, time is understood as Colombian legal time
Once the closing hearing and bids reception is made in accordance with the “PROCESS
TIMETABLE”, the bidder must send its bid in original by ordinary mail or file it at the Contract
Group of SATENA, located at Avenida El Dorado No. 103 - 08, Entrada No.1, Interior 11 of the
city of Bogotá, D.C., Colombia, so that the bid sent by email is filed at the contractual file of the
process.
In the event the bidder does not file the documents in original and is one of the bidder(s)
selected, the contract signature will be subject to the submission of all these documents.
In case of discrepancy between the bids sent by email and the hard copy delivered, the bid’s
information contained on the electronic media sent by email will prevail.
All annexes of these bidding conditions must be duly filled out, under the penalty of not having
a qualification for lack of completion, when this had been established. For bids sent by email,
those documents requiring a signature must be sent with their respective scanned signature.
SATENA uses the Windows operating system; therefore, all bids sent by email should be
designed so that its content can be unloaded by any of the programs of the aforementioned
system.
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2. Bids sent by ordinary mail shall arrive to SATENA facilities before the maximum date and
time established for closing the process and receiving bids established in point 2.2 “PROCESS
TIMETABLE”. For all effects, time is understood as Colombian legal time.
In order to send the bid by ordinary mail, the bidder shall send an email to
alejandra.cuevas@satena.com informing about the day when it was sent and the possible
reception time* of the bid at SATENA. The aforementioned, in order for the Contract Group to
verify in advance the bids received by ordinary mail at the office of SATENA in charge of this,
before the hearing established on point 2.8 of these bidding conditions is held.
SATENA does not assume any liability for the reception of a bid subsequently to the maximum
date and time established for closing the process and receiving bids established on point 2.2
“PROCESS TIMETABLE”.
Bids must have a minimum validity of ninety (90) calendar days, counted as of the closing date of the
process or its extensions if there were any.
Subsequently to the closing date of the process the bidder can neither withdraw its bid nor amend the
terms or conditions thereof until SATENA selects the most favorable one(s) and starts the direct sale
process, in that case, the economic conditions of the preselected bid(s) may be rejected modified or
improved.
The bidder is aware of and accepts that the values submitted by him/her which make up part of a bids
preselection process and therefore they are susceptible of negotiation on a direct sale process in
accordance to provisions set out in SATENA’ Contracting Manual in force.
Bidders must indicate in their offer which of provided documents are confidential and invoke the
regulations covering such confidentiality. If the bidder does not expressly state that this is covered by
Law it will be understood that it is a public bid.
Bids submitted for this preselection process will be analyzed by SATENA, first of all in order to verify
the economic offer in accordance with the parameters demanded in these bidding conditions.
Such economic offer will be compared and qualified for preselection of bids in accordance with the
selection criteria of these bidding conditions.
At the end, SATENA will preselect the bid(s) from bidder(s) in accordance with submitted economic
proposal results.
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A. LEGAL DOCUMENTATION:
The bid must be accompanied by a letter of introduction signed by the individual bidder or by the Legal
Representative of the Company or by the attorney appointed to that effect which must be filled out
according to the format established in Annex No. 2.
The LEGAL REPRESENTATION AND GOOD STANDING CERTIFICATE will be verified in order to
accredit the legal capacity of the bidder which must comply with the following requirements at the
time of submitting the bid:
a. Accredit its Good Standing and Representation, by presenting the Original Good Standing and
Representation Certificate issued by the Chamber of Commerce of its place of business with an
issuance date less than or equal to one (1) month before the bid is submitted.
b. Accredit sufficient power of the Legal Representative to submit the bid and sign the contract.
In case of foreign legal entities, which do not have a branch established in Colombia, they shall
prove their good standing and representation in accordance to the regulations of their country of
origin.
When the Legal Representative or the legal entity is limited to submit the bid or commit the company,
he/she should enclose a corresponding corporate body authorization, authorizing the Legal
Representative or the legal entity to submit bids and sign the contract in case it is awarded, as well as
the authorization required to take part as a Consortium or a Joint Venture.
When the bidder acts through a representative or attorney he/she shall be accredited by a formal
document stating that its representative or attorney is especially authorized to inspect and accept the
physical and the technical conditions of the aircraft that is the purpose of this sale process, submit the
bid and/or sign the respective contract.
All the people interested in participating in this preselection process should previously accredit that
the resources with which payments will be made come from a legal origin and that they do not come
from any other activity contemplated as criminal in the Colombian Criminal Code or in any other
regulation that amends it or is added to it, or in international treaties in force signed by Colombia.
Accreditation will be made through statement in accordance to the text established in ANNEX No. 4
of these bidding conditions.
This requirement is NOT applicable to foreign corporations or companies that do not have a branch
in Colombia.
B) TECHNICAL DOCUMENTS:
The bidder through its Legal Representative should state its acceptance and awareness with respect
to all the obligations, specifications, characteristics and technical conditions of the aircraft to be
acquired by signing ANNEX No. 1 of these Bidding Conditions.
In the event the bidder does not submit ANNEX No. 1 with its proposal, SATENA will understand that
by the fact of submitting the bid, he/she accepts all the obligations, specifications, technical
characteristics and conditions established therein.
If the bidder has conducted the inspections of assets that are the purpose of this selection process
referred to in point 2.7 of these bidding conditions, shall attach the attendance certificate.
For the signing of the letter of intention, SATENA will verify that the bidder has in fact physically
inspected the aircraft and components that are the purpose of this process. The physical condition
certificate becomes a requirement to participate in this preselection process.
The bidder/buyer is exclusively responsible for verifying, becoming aware of and accepting the
physical and technical conditions of the assets that are the purpose of this sale process, therefore,
SATENA will neither assume any liability nor accept any claims related to unawareness or insufficient
knowledge of the conditions, state and/or technical characteristics of the assets to be sold.
BIDDING CONDITIONS
PAGE: 18 - 59
OFFICIAL TRANSLATION No. 7416/2014
CHAPTER 4
PRESELECTION OF BIDS
To preselect the bids, SATENA will only take into account the best eight (8) economic bids
submitted.
Note 1: For preselecting bids, the bidder must fill out ANNEX No. 5 ECONOMIC OFFER in
accordance with ANNEX No. 1 of these Bidding Conditions.
Note 2: Failure to present ANNEX No. 5 ECONOMIC OFFER will not be excusable under no
circumstances and the bid will be rejected.
Note 3: Bidders must submit their bids in US Dollars taking into account the reference price
established in point 1.7 of these Bidding Conditions, that is, the amount offered must correspond to
the minimum price established therein.
However, in the event the SATENA receives purchase offers for amounts lower than those
established in point 1.7, SATENA reserves the right to consider the bid without implying any
entailment or commitment of any kind or it will not establish just cause to present a claim.
For preselection, SATENA will establish the following procedure with bids which met the technical
capacity evaluation:
a) If a single bidder submits a bid: SATENA will preselect the bidder provided that his/her bid is
favorable for the entity and SATENA will proceed to perform the direct sale negotiation procedure.
b) If there are several bidders: SATENA will preselect the bids establishing an eligibility order starting
from the highest to the lowest. Bids that hold the four (4) first places in the eligibility order will be
considered as the most favorable to perform the direct sale negotiation.
c) In case there is a tie between two (2) or more bids, SATENA reserves the right to consider all the
tied bids.
1) If bidder does not comply with any of the requirements to participate in the contracting process.
BIDDING CONDITIONS
PAGE: 19 - 59
OFFICIAL TRANSLATION No. 7416/2014
2) If bidder does not submit the economic offer or it cannot be deduced from it, its clarity,
seriousness or firmness.
3) If the bid is submitted subordinated to complying with any other condition or modality.
4) When it is legally shown that the resources destined to purchase the assets come from an
illegal origin or come from a criminal activity contemplated in the Colombian Criminal Code or in
international treaties in force signed by Colombia.
5) When the bid is submitted by persons who lack the legal capacity to obligate themselves, or
who do not comply with the participation qualifications and conditions indicated on these
bidding conditions.
6) When several bids are submitted by the same bidder for this same process, by his/herself, or by
a third party. In this case, the second bid would be rejected.
ANNEX No. 1
TECHNICAL SPECIFICATIONS
CURRENT STATUS
Date Total time Total Cycles
May 23, 2014 28174:11 44.986
ENGINES
Engine No. 1 Engine No. 2
Manufacturer Partt & Whitney Canada Partt & Whitney Canada
Model: PW119C PW119C
Serial Number: 116170 116169
th th
Current Status as of: May 23 , 2014 May 23 , 2014
Total Time: 24481:37 25932:04
Total Cycles: 38.603 41.101
Total Since HSI: 3217:24 3614:26
Time Since OVH: 10783:37 12450:11
CREM to 1st LLP: 10.753 10.161
st th
Last Shop Visit: June 01 , 2011 November 25 , 2010
Time Since Last Shop Visit: 3217:24 3614:26
LANDING GEAR
Nose Left Right
Part Number: 22510-000-00 22730-000-8 22731-000-8
Serial Number: IL125 U90 U34
th th th
Current Status as of: May 23 , 2014 May 23 , 2014 May 23 , 2014
Total Cycles: 10.984 40.908 40.908
22.000 Cycles 22.000 Cycles 22.000 Cycles
OVH Interval:
120 Months 120 Months 120 Months
th th th
Date Last Overhaul: June 8 , 2012 May 12 , 2006 May 09 , 2006
Cycles Since Overhaul: 728 18.870 18.870
PROPELLERS
Prop No. 1 Prop No. 2
Manufacturer: Hartzell Hartzell
Model: HD-E6C-3B HD-E6C-3B
Serial Number: HL35 HL124
th th
Current Status as of: May 23 , 2014 May 23 , 2014
Total Time: 17942:58 20203:14
Time Since Overhaul: 48:48 3071:33
th th
Last Shop Visit: August 30 , 2013 December 23 , 2010
Time Since Last Shop Visit: 48:48 3071:33
BLADES
DESCRIPTION Serial Number Total Time Since New Time Since OVH
Blade 1-1 1532C 4936:28 48:48
Blade 1-2 1355C 18947:50 48:48
Blade 1-3 330C 17626:40 48:48
Blade 1-4 565C 17941:21 47:11
Blade 1-5 568C 17942:58 48:48
Blade 1-6 593C 17942:58 48:48
Blade 2-1 1527C 10009:10 3071:33
Blade 2-2 1529C 10009:10 3071:33
Blade 2-3 657C 20203:08 3071:33
Blade 2-4 677C 20203:08 3071:33
Blade 2-5 689C 20203:08 3071:33
Blade 2-6 690C 20203:08 942:31
OFFICIAL TRANSLATION No. 7416/2014 PAGE: 23 - 59
INTERIOR
SEATS
Qty Deck Class Model/Part Type / Mfr
B/E Aerospace Inc.
32 Passenger Tourist Various
Aircraft Modular Products Inc.
1 Flight Attendant - 2060-5AC AMI Industries Inc.
1 Observer - 1112-1AA AMI Industries Inc.
3A165-0007-01-2
2 Crew - IPECO Europe
3A165-0008-01-2
SEATS
Std Std
Qty Position Type / Mfr Model/Part
Installed Delivered
1 AFT RH MUEHLENBERG ALBERT GMBH&CO 106100 Yes Yes
LAVATORIES
Qty Position Type / Mfr
1 AFTER RH WASTE / DISPOSAL
AVIONIC EQUIPMENT
Description Manufacturer Model / Part Qty
Autopilot: Honeywell GP-300 / 7015327-905 1
Integrated Com Unit (XPDR): Honeywell RCZ-851B/7510700-802 1
Integrated Com Unit (ICU): Honeywell RCZ-851C/7510700-804 1
Radio Management Unit (RMU): Honeywell RM-855B/7013270-932 2
Cockpit Voice Recorder (CVR): L3-Communications A1 OOS/S100-0080-00 1
ELT: Honeywell ELT96A2560000000 1
Flight Data Recorder (FDR): L3-Communications F1000 / S800-2000-00 1
Integrated Avionics Computer (IAC): Honeywell IC-800 /7017300-11004 1
Data Acquisition Unit (DAU): Honeywell DA-800/ 7013348-913 2
Air Data Computer (ADC): Honeywell AZ-840/7014700-911 2
AHRS: Honeywell AH-800 / HG2010AC02 2
Weather Radar: Honeywell WU-650 / 7008470-922 1
Radio Altimeter: Honeywell RT-300/ 7001840-932 2
EGPWS: Honeywell MK VI / 965-1190-020 1
Integrated Navigation Unit (INU): Honeywell RNZ-851 / 7510100-634 1
Integrated Navigation Unit (INU) Honeywell RNZ-851B/ 7510100-631 1
GPS: Honeywell / 965-1190-020 1
TCAS Computer: Honeywell RT-910/ 4066010-904 1
FMS: Honeywell CD-810/7007549-906 1
Transceiver HF Bendix/King 064-1015-01 1
OFFICIAL TRANSLATION No. 7416/2014 PAGE: 24 - 59
OFFICIAL TRANSLATION No. 7416/2014 PAGE: 25 - 59
DESCRIPTION OF COMPONENTS
ENGINE
QUANTITY QUANTITY
DESCRIPTION
ITEMS ELEMENTS
MOTOR PW119C 1 1
5729C000-003/1762D000-
94 001/5732C000/8563C000/8554 ENVIRONMENTAL CONTROL UNIT 2 YES
C000/5586C000/677C000
TOOLS
66 BATTERY 616 1
67 PIN MS179870407 5
68 ADJUSTING PIN 001U764A0300000A 1
77
RUBBER COMPONENTS
Quantity of Quantity of
Description
items elements
A. Buyer's Obligations:
- Performing the physical inspection within the term established to that effect.
- Accepting the aircraft that is the purpose of this process “As is where is” condition with the
documentation for each component free from liens, according to the technical specifications
described on this Annex.
- The bidder/buyer is exclusively responsible for verifying, being aware of and accepting the
physical and technical conditions of the aircraft that is the purpose of this sale process,
therefore, SATENA will neither assume any liability nor accept any claims related to
unawareness or insufficient knowledge about the conditions, state and/or technical
characteristics of the assets to be sold.
- Bearing all costs and expenses resulting from requesting or needing a test flight or
borescope inspection.
- Signing a Letter of Intention with the general conditions within the term established to that
effect.
- Making deposits and final balances payments of the aircraft and components that are the
purpose of this process, according to the payment terms defined on these bidding conditions.
- Removing the aircraft from SATENA’ facilities within a term no longer than fifteen (15) days
subsequently to the formal delivery in accordance with the term lay down to that effect.
- Not sending the components, the aircraft and/or its components to forbidden jurisdictions or
to perform illegal activities pursuant to the regulations set out in the Colombian Criminal
Code or in international treaties in force signed by Colombia.
- Not sending the components, the aircraft and/or its components to transactions in which
traceability and origin of the same are not guaranteed, or violate the applicable aeronautical
regulations for each case.
- Complying with the obligations and/or applicable legal provisions to the nature of the
agreement to be signed pursuant to Colombian civil and commercial regulations.
B. Vendor Obligations:
- Carrying out registration cancellation process and lift the anti-narcotic seals from the Dornier
328 100 MSN 3092 aircraft.
OFFICIAL TRANSLATION No. 7416/2014 PAGE: 52 - 59
- Delivering the aircraft in the “As is where is” conditions, with the respective technical records
and documentation relevant to disposal and movement free from seizures, liens or other
domain limitation during the contract term in accordance with the technical specifications
described in these bidding conditions.
- Delivering a “Non Incident Statement” covering the Dornier 328 100 MSN 3092 aircraft.
- Sending the buyer a Letter of Intention with the general conditions within the term
established point 2.2 “PROCESS TIMETABLE” or on the date agreed with SATENA for such
effect.
- Sending to the buyer a sale contract within the term established to that effect in point 2.2
“PROCESS TIMETABLE” or on the date agreed with SATENA for such effect.
- Paying for the notary fees regarding the deed, registration and other taxes resulting from
signing the sale contract of the aircraft that is the purpose of this process.
The bidder must sign this Annex as acceptance and awareness of the technical
specifications indicated herein.
I accept the technical specifications and I submit a BID for (mark with an X):
GROUP 1 AIRCRAFT:__________________________
GROUP 2 COMPONENTS_______________________
__________________________________________
LEGAL REPRESENTATIVE SIGNATURE
OFFICIAL TRANSLATION No. 7416/2014 PAGE: 53 - 59
ANNEX No. 2
Bogotá D.C.,
Messrs
SERVICIO AÉREO A TERRITORIOS NACIONALES S.A. “SATENA”
Bogotá D.C., Colombia
1. That by summiting this bid, I am aware of, In understand and I accept the conditions set forth for
the Bidding Process LI-005-2014
2. That this bid, letter of intention and contract that could be entered into will only compromise those
who signed herein.
3. That no entity or person other than the undersigned has any commercial interest in this bid or in
the letter of intention, or the contract derived from them.
4. That we are aware of the general and special information and the other documents of the Bidding
Conditions and we accept the requirements contained therein.
5. That we have received the following Addendums (if any) and we accept their contents.
6. That we have received the following information about questions and answers (if any) and we
accept their contents.
7. That we agree to comply with the terms pursuant to provisions set out in the Bidding Conditions.
8. That we are aware of and accept all the obligations and conditions described on Annex No. 1 of
these Bidding Conditions.
9. That we verified, became aware of and accepted the physical and technical characteristics and
conditions of the aircraft that is the purpose of this sales process.
OFFICIAL TRANSLATION No. 7416/2014 PAGE: 54 - 59
10. That if we are successful bidders, we agree to sign the letter of intention, contract and to carry
out all required procedures to perfect and legalize within the terms indicated in the Bidding
Conditions.
11. That under oath I state that we are not under the framework of any of the events of special
prohibitions to contract.
12. That in all actions derived from the provisions of these Bidding Conditions, letter of intention and
the contract, we will act with the transparency and morality established in the Political
Constitution and in the law, pursuant to the Governmental Program of the Fight Against
Corruption.
13. That the value offered is the one established in ANNEX No. 5 - ECONOMIC OFFER and that it
could be subject of modification or change according to the negotiation made to that effect with
SATENA.
14. That the following BID comprises _______________ ( ) pages duly numbered.
15. That I am aware that the economic offer submitted takes into account the reference price
established in point 1.7 of the bidding conditions, that is, that the amount offered must
correspond to the minimum price stipulated therein.
That notwithstanding, I accept that in case SATENA receives purchase bids for amounts below
the ones determined on the aforementioned point, SATENA reserves the right of considering the
bid without this implying entailment or commitment of any kind or it will not constitute just cause
to file a claim.
Sincerely,
______________________________________________
LEGAL REPRESENTATIVE SIGNATURE
OFFICIAL TRANSLATION No. 7416/2014 PAGE: 55 - 59
ANNEX No. 3
ANTICORRUPTION COMMITMENT
“ON THIS PROCESS AND IN THE CONTRACT THAT WILL BE ENTERED INTO PREVAILS
THE FOLLOWING ANTICORRUPTION COMMITMENT WHICH MUST BE EXPRESSLY
AGREED UPON IN THE CONTRACT AS FOLLOWS: “THE BIDDER and EVENTUAL
CONTRACTING PARTY assumes the following commitments: (i) he/she will not offer or give bribes
or any other gratification to any public officer related to his/her bid in the contracting process, or
with the performance of the present contract as a result of his/her bid; (ii) he/she will not allow
anyone, whether an employee of the company or an independent commission agent, or advisor or
consultant to do it in his/her name; (iii) he/she will impart instructions to all his/her employees,
agents and advisors and any other of his/her representatives, demanding them to comply at all
times with the laws of the Republic of Colombia, especially those governing the process and the
contractual relation derived from the same and he/she will impose them the obligations of: (a) Not
offering or paying bribes or any gratification to SATENA officers, or to any type of public or private
employee to influence the acceptance of this contract; (b) Not offering payments or gratifications
to SATENA officers during the development of this contract; (iv) he/she will formally agree not to
make any agreements or carry out actions or behaviors which have the purpose or the effect of
collusion in this contract.”
________________________________________________
LEGAL REPRESENTATIVE SIGNATURE
OFFICIAL TRANSLATION No. 7416/2014 PAGE: 56 - 59
ANNEX No. 4
1. That the resources with which I will make the payment of the asset that is the purpose of this
process do not come from any illegal activity pursuant to provisions of Colombian legislation or in
international treaties in force signed by Colombia, and that the sources are the following:
Salary _________________
Fees ___________________
Credit _________________
Savings _________________
Others (describe)
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
2. That I authorize SATENA to abstain from formalizing the legal business that I intend to enter into, in
case of any infraction to the clauses contained herein exempting such entity, their advisors or
subcontractors, from any liability derived from erroneous, false and inaccurate information that I had
provided in this document or for the breach of the same.
3. Under oath, I state that all data stated herein are true, and I authorize their verification before any
individual or legal entity, private or public, without any limitation, as of now and while it subsists any
legal relationship with SATENA.
Sincerely
ANNEX No. 5
ECONOMIC OFFER
Failure to present this Annex will not be excusable under no circumstances and will constitute grounds for REJECTION of
the bid. Bidder must complete this Annex in the following terms:
DESCRIPTION VALUE
COMPONENTS USD
Note 1: Bidders must submit their bids in US Dollars taking into account the reference price established in point 1.7 of
these Bidding Conditions, that is, the amount offered must correspond to the minimum price stipulated therein.
However, in case SATENA receives purchase offers for amounts lower than those determined in point 1.7 of
these bidding conditions, SATENA reserves the right to consider the bid without implying entailment or
commitment of any kind, or it will not constitute just cause to present any claim.
OFFICIAL TRANSLATION No. 7416/2014 PAGE: 58 - 59
ANNEX No. 6
EXPRESSION OF INTEREST
Bogotá D.C.,
Messrs
SERVICIO AÉREO A TERRITORIOS NACIONALES S.A. “SATENA”
Bogotá D.C., Colombia
Cordially,
Signature:
Name:
In behalf of:
Address:
Phone:
Email:
OFFICIAL TRANSLATION No. 7416/2014 PAGE: 59 - 59
ANNEX No. 7
PHYSICAL INSPECTION
Being the _________ day of July, August, 2014, at SATENA facilities located at Av. El Dorado No.
103-08 Entrada 1 Interior 11 of the city of Bogotá D.C., Colombia appeared Mr. / Mrs.:
________________________________________, identified by Colombian citizenship card ________
Passport No. __________ ID _____________ Other ID document _____________ No. ___________
issued in _______________, in the name and on behalf of _____________________________, in
order to physically inspect the aircraft _____________ and components _____________ that are the
purpose of Bid No. LI-005-2014
That during the development of the physical inspection, the undersigned states that he/she verified,
became aware of and accepted the physical and technical conditions of the asset that was exhibited
at SATENA facilities by __________________________________as ________________________of
Technical Direction of SATENA, and that the same correspond to the assets that are the purpose of
the sale process of Bid No. LI-005-2014, therefore, the undersigned states that he/she exempts
SATENA of any type of liability or future claims related to unawareness or insufficient knowledge of
the conditions, physical state and/or technical characteristics of the assets to be sold within the
aforementioned process.
_____________________________________
On behalf of
______________________________________
SATENA