Invitation for preparatory market consultations for potential bidders in the public procurement process

We take the opportunity of inviting you to preparatory market consultations for the preparation of a public procurement for the selection of a recognized stock keepers of emergency stocks of crude oil and petroleum products pursuant to § 25 of Act no. 343/2015 Coll. on Public procurement and on the amendment of certain laws as amended (hereinafter referred to as the "Public Procurement Act").

The Emergency Oil Stocks Agency (hereinafter referred to as the "Agency") is preparing a public procurement for the selection of recognized stock keepers of emergency stocks of crude oil and petroleum products pursuant to Act No. 218/2013 Coll. on Emergency stocks of crude oil and petroleum products and on dealing with state of oil emergency and on amendments and supplements of certain acts as amended (hereinafter referred to as "Act No. 218/2013 Coll.") after the termination of the currently valid contracts on the storage of crude oil or petroleum products. In order to set conditions that support fair economic competition, the Agency announces these preparatory market consultations (hereinafter also referred to as "PTK") in order to obtain information affecting the possibilities of stock keepers to provide services for maintaining emergency stocks of crude oil or petroleum products in accordance with Act no. 218/2013 Coll. during the year 2025. The aim of these PTK is to verify the reality, objectivity, and adequacy of the requirements for the provision of these services for relevant economic entities (hereinafter referred to as "relevant entities").

As part of the preparation of the public procurement, the Agency considers it necessary to discuss with the relevant entities some important aspects of the provision of services for maintaining emergency stocks of crude oil or petroleum products. For this reason, the following areas will be consulted:

1.     Stock keepers' experience and proposals with the construction and operation of large-capacity storage tanks intended for long-term storage of crude oil or petroleum products with regard to time aspects and documents declaring the active construction of the storage tank.

2.     The effect of a change in the amount of stored stocks on the sustainability of the price for storage in contracts lasting 5, 10 or more years, including the possibility of a fair valorisation of the unit price for storage.

3.     The level of recommended confidential information from a security point of view towards the public (e.g., the method of securing your premises).

4.     The level of confidentiality of the information provided, respecting the special rights of the stock keeper and at the same time respecting the requirements of the Public Procurement Act from the point of view of the reviewability of the decisions made in the procurement process (i.e., what data/information do you consider to be confidential in the given matter).

5.     Your opinion on determining the criterion/criteria for evaluating bids from the perspective of your experience with the construction of your storage facilities, as well as from the perspective of the energy security of the Slovak Republic? (i.e., in your opinion, should the price be the only such criterion?)

Participation in PTK is voluntary and each subject can freely decide to accept or not to accept this invitation. In order to address as many relevant entities as possible, the Agency will also publish this call on its website, on the Josephine system page as a communication software commonly used in public procurement processes, and in the procuring entity's profile maintained on the website of the Public Procurement Office. Due to the international nature of the public procurement being prepared (the value of the contracts exceeds the threshold values for internationally requested public procurement), the Agency will ensure the publication of a preliminary notice in the Official Journal of Public Procurement of the European Union.

Requirements for relevant entities:

With regard to the need for certain knowledge and experience of the relevant entities, which are necessary for a stimulating discussion, the Agency decided to require the relevant entities to demonstrate the following requirements:

1.     A person directly participating in the PTK shall prove him/herself by a power of attorney from a person authorized to act on behalf of the relevant entity on whose behalf he/she is participating in the PTK. Due to the epidemiological situation, the Agency requests the participation of max. 3 persons.

2.     Only those relevant entities (and/or their representatives) who are aware of the legal regulation of PTK, the consequences resulting from the relevant entity's participation in PTK and agree to them (§ 25 and § 40, paragraph 7 of the Act) will be able to participate in the consultations themselves on public procurement).

3.     The contracting authority recommends the relevant entities to submit information/presentation of the relevant entity, from which it will be possible to find out what experience and knowledge the relevant entity has in the given field.

Rules for participation in consultations:

The decision to participate in consultations must be free and serious. The Agency has listed all the currently important information and rules for participation in the consultations in the Information Document on the Preparatory Market Consultations, which is attached to this call.

Place and time of consultations:

Consultations will take place at the Agency's headquarters on weekdays from 9:00 a.m. to 3:00 p.m. from May 10 to 21, 2021.

The Agency reserves the right to extend the duration of consultations or carry out consultations also in the week after May 24, 2021, in case of high interest in participation in consultations or due to the development of the epidemiological situation.

As part of expressing an interest in consultations, the relevant subject will propose to the Agency at least 3 specific dates in the specified period in which it is ready to ensure its participation in the consultations.

Expression of interest in participating in consultations:

Below, the Agency provides a direct link to the page through which the relevant entity will express its interest in participating in the consultations.


Communication during consultations:

With regard to § 20 of the Public Procurement Act, all written (correspondence) communication during the consultations will take place electronically, through the Josephine system. In this call, the Agency provides a direct link to the page through which the relevant entity confirms its participation in the consultations. All the necessary information and documents are and will be found on the mentioned link.

If necessary, it is possible to contact the contact person of the Agency mentioned at the beginning of this call, which ensures the organization of market consultations.

The goal of the tender procedure, which will follow the termination of the market consultations, is to find a stable partner to ensure the maintenance of emergency stocks of crude oil or petroleum products at a reasonable price, therefore we believe that you will accept the invitation.