PUBLIC COMPETITION / TENDER for the allocation of detachments for carrying out works in the Federal Republic of Germany in the detachment year 2024/2025

Based on Article 2.a of the Law on the Foreign Trade Chamber of Bosnia and Herzegovina (“Official Gazette of BiH” Nos. 30/01 and 72/13), and in connection with Article 6, paragraph 6 of the Law on Foreign Trade Policy of BiH (“Official Gazette of BiH” No. 7/98, 35/04), Article 3 of the Instruction for the allocation of detachments for the employment of companies in the Federal Republic of Germany for the detachment year 2024/2025 (“Official Gazette of BiH” No. 53/24) and Articles 9 and 10 of the Rulebook on detachments (No. 01-2-01-2-830-3/16 of 11.05/16), the Foreign Trade Chamber of BiH, in cooperation with the Chamber of Economy of the Federation of BiH and the Chamber of Commerce of the Republika Srpska, announces

 

PUBLIC COMPETITION / TENDER

for the allocation of detachments for carrying out works in the Federal Republic of Germany

in the detachment year 2024/2025

 

The subject of the Public Competition/Tender is the distribution and allocation of 1910 permits/monthly to companies from Bosnia and Herzegovina in the detachment year 2024/2025 according to the conditions and criteria of this Public Competition/Tender.

  1. GENERAL DISTRIBUTION INTO CONTINGENTS AND SUB-CONTINGENTS BY ACTIVITIES AND PARTICIPANTS

1.1. The total contingent of 1910 permits/monthly is distributed by activities (according to the German nomenclature) as follows:

1.1.1.     840 permits/monthly for the construction sector (code 60)

1.1.2.     510 permits/monthly for the insulation sector (code 70)

1.1.3.     560 permits/monthly for other activities (assembly, mining and other activities, in accordance with the Interstate Agreement – codes 10, 40, 50 and 61)

 

1.2. The total contingent from point 1.1. is distributed into sub-contingents by entities and a special sub-contingent as follows:

1.2.1.     1013 permits/monthly for distribution in the Federation of BiH, namely:

1.2.1.1.   446 permits/monthly for the construction sector (code 60)

1.2.1.2.   270 permits/monthly for the insulation sector (code 70)

1.2.1.3.   297 permits/monthly for other activities (codes 10, 40, 50 and 61)

 

1.2.2.     506 permits/monthly for distribution in the Republika Srpska, namely:

1.2.2.1.   222 permits/monthly for the construction sector (code 60)

1.2.2.2.   136 permits/monthly for the insulation sector (code 70)

1.2.2.3.   148 permits/monthly for other activities (codes 10, 40, 50 and 61)

 

1.2.3.      391 permits/monthly of the special contingent for distribution, namely:

1.2.3.1.   172 permits/monthly for the construction sector (code 60)

1.2.3.2.   104 permits/monthly for the insulation sector (code 70)

1.2.3.3.   115 permits/monthly for other activities (codes 10, 40, 50 and 61)

 

The quota of 391 permits/monthly from point 1.2.3. is distributed in the ratio of 2/3 for companies from the Federation of BiH and 1/3 for companies from the Republika Srpska with majority ownership of capital by legal and natural persons from the Republic of Slovenia, and in the absence of such companies, other companies from BiH.

 

  1. RIGHT TO PARTICIPATE IN THE COMPETITION

Companies engaged in construction, insulation and other activities (codes 10, 40, 50, 60, 61 and 70 – according to German regulations) that meet the following general conditions have the right to participate in the Public Competition/Tender:

  1. For the sub-contingent from point 1.2.1. – companies engaged in construction, insulation and other activities (codes 10, 40, 50, 60, 61 and 70) that are registered to carry out works abroad and whose main activity is in BiH, with business headquarters in the territory of the Federation of BiH.
  2. For the sub-contingent from point 1.2.2. – companies engaged in construction, insulation and other activities (codes 10, 40, 50, 60, 61 and 70) that are registered to carry out works abroad and whose main activity is in BiH, with business headquarters in the territory of the Republika Srpska
  3. For the sub-contingent from point 1.2.3. – companies engaged in construction, insulation and other activities (codes 10, 40, 50, 60, 61 and 70) that are registered to carry out works abroad and whose main activity is in BiH, with majority ownership of capital by legal and natural persons from the Republic of Slovenia, and in the absence of such companies, other companies from BiH.

Note:

Companies that already use detachments in the Federal Republic of Germany or have previously approved contracts for implementation in 2024/2025 and the following detachment years are also required to apply to the Public Competition/Tender.

Failure to apply to the Public Competition/Tender entails the withdrawal of the previously obtained quota under approved contracts from previous allocations.

Companies that do not start using the allocated quota within 3 months from the date of the commission’s decision on allocation will have the permits withdrawn and allocated to other participants in the Public Competition/Tender. Allocated detachments may not be combined or transferred to other companies, and in cases of non-use, the competent commission will redistribute the detachments to other users-participants in the Public Competition/Tender. For companies to which this allocation grants a smaller number of detachments than they had in the previous detachment year, the use will be aligned with the newly obtained number of permits.

 

To exercise the right to participate in the allocation of detachments, companies must meet the following conditions:

2.1.1.   The company must be adequately staffed and technically equipped to execute the assumed contracts,

2.1.2.   In accordance with the applicable regulations of the Federal Republic of Germany, there must be no obstacles to the engagement of companies from BiH in the implementation of contracts in the Federal Republic of Germany arising from decisions of the competent authorities of the Federal Republic of Germany prohibiting their work in the Federal Republic of Germany,

2.1.3.   They must have a registered representative office of the company in the Federal Republic of Germany,

2.1.4.   The company applying to the Public Competition/Tender must be active in the territory of BiH within the activity for which it is applying,

2.1.5.   They must have a minimum of 15 permanently employed workers on works in BiH within the scope of the activity for which they are applying,

2.1.6.   For the sub-contingent from point 1.2.3. – the company engaged in construction, insulation and other activities (codes 10, 40, 50, 60, 61 and 70) must be registered to carry out works abroad and whose main activity is in BiH, with majority ownership of capital by legal and natural persons from the Republic of Slovenia, and in the absence of such companies, other companies from BiH.

2.1.7.   The company applying to the Public Competition/Tender must have fully settled all obligations on the basis of VAT, entity taxes and contributions on the basis of pension and health insurance of workers, as well as settled obligations to chambers on the basis of fees for used detachments by 30.06.2024.

The stated conditions are eliminatory for all participants in the Public Competition/Tender.

 

  1. With applications to the Public Competition/Tender, companies are obliged to submit the following documentation:

 

  1. Decision or certified copy of the court decision on the registration of the company in BiH, with all attachments, not older than 3 months,
  2. Certified copy of the registration of the company’s representative office in the Federal Republic of Germany (Gewerbe anmeldung),
  3. Confirmation that the company’s representative office in the Federal Republic of Germany has an authorized tax advisor in the Federal Republic of Germany (Steuerberater),
  4. Confirmation of settled tax obligations of the representative office of the business entity in the Federal Republic of Germany, with the indicated tax number, issued by the competent authority – Finanzamt, not older than 2 months,
  5. Certified copy of the company’s final account for 2023, submitted to the competent tax authority,
  6. Certified copy of the final account for 2023 of the representative office in the Federal Republic of Germany/certificate of an authorized accountant on operations in 2023 (companies that had operations in the Federal Republic of Germany),
  7. Certificate:
  8. a) of the Indirect Taxation Authority on the settlement of VAT obligations,
  9. b) of the tax administration of the entity, i.e. the Brčko District, on the settlement of tax obligations and contributions for health and pension insurance, until 06.2024, and
  10. c) certificate of the entity chamber on settled obligations on the basis of fees for permits/detachments by 30.06.2024.
  11. Company reference list:
  12. a) Value and type of works performed on facilities in BiH in 2023 and the first half of 2024 (copy of certified situations of performed works) within the scope of the activity for which the application/tender is submitted,
  13. b) Value and type of works performed on facilities in the Federal Republic of Germany in 2023 and the first half of 2024, for companies already engaged in detachments.
  14. Proof of staffing and technical capacity:
  15. a) Certified confirmation of the competent authority on the number of permanently employed workers within the activity, with indicated qualifications, in 2023 and the first half of 2024, or certified copies of the M1 form. In accordance with the applicable Regulation, companies that have a minimum of 15 workers in permanent employment for at least the previous 3 months may apply,
  16. b) Certified and signed statement on the technical equipment of the company,
  17. German license for each activity for which detachments are requested (Handwerskarte), for companies that carry out works in the Federal Republic of Germany and to which it applies,
  18. Confirmation from ULAK, for companies to which it applies and which carry out works in the Federal Republic of Germany
  19. License issued by the Ministry of Spatial Planning, Construction and Ecology of the Republika Srpska (only for companies from the Republika Srpska and relevant companies of the Brčko District),
  20. Companies are obliged, together with the application for the competition/tender for the allocation of the quota, to attach a payment slip for the processing costs of the application: 200 KM for independent application to the competition.

Payment should be made to the account:

  1. a) For companies registered in the territory of the Federation and relevant companies of the Brčko District:

Payment should be made in favor of the Chamber of Economy of the Federation of BiH, to the account

– UNICREDIT BANKA, account no. 3383202200018791

Purpose of payment: application for the Public Competition/Tender for the allocation of detachments.

 

Applications to the Public Competition/Tender for the allocation of sub-contingents of detachments under point 1.2.1. and 2/3 of the sub-contingent under point 1.2.3., with the required documentation, for companies from the territory of the Federation of BiH and relevant companies of the Brčko District are submitted in sealed envelopes within 15 days from the date of publication of the Public Competition/Tender, to the address:

CHAMBER OF ECONOMY OF THE FEDERATION OF BIH, Commission for detachments, 71000 SARAJEVO, Branislava Đurđeva 10/IV, marked for the Public Competition/Tender for detachments.

 

Incomplete and untimely applications will not be considered.

  1. b) For companies registered in the territory of the Republika Srpska and relevant companies of the Brčko District:

Payment should be made in favor of the Chamber of Commerce of the Republika Srpska to the account:

562-099-00000797-43 NLB – Razvojna banka Banja Luka,

Purpose of payment: Application for the Public Competition/Tender for the allocation of detachments.

Applications to the Public Competition/Tender from the sub-contingent under point 1.2.2. and 1/3 of the sub-contingent under point 1.2.3., with the required documentation, for companies from the territory of the Republika Srpska and relevant companies of the Brčko District are submitted in sealed envelopes within 15 days from the date of publication of the Public Competition/Tender, to the address:

CHAMBER OF COMMERCE OF THE REPUBLIKA SRPSKA, 78000 BANJA LUKA; Branka Ćopića 6, marked for the Public Competition/Tender for detachments.

 

Incomplete and untimely applications will not be considered.

  1. c) Note for submitting applications by companies registered in the territory of the Brčko District:

Companies registered in the territory of the Brčko District submit applications to the Public Competition/Tender to one of the entity chambers of their own choice, according to the conditions, deadlines and to the address established for that entity chamber, and payments for processing the application should also be made in favor of the account of the Chamber to which they submit the application for the allocation of the detachment contingent.

 

5. CRITERIA FOR THE ALLOCATION OF DETACHMENTS

When deciding on the allocation of detachments to companies, the competent commission for detachments will primarily take into account the criteria arising from the general conditions, and then the special criteria, respecting territorial and sectoral balance, depending on:

  1. Achieved business results of the company,
  2. Number of employees in the previous business year and in the first half of the current year,
  3. Staffing and technical capacity,
  4. Achieved references of the company and
  5. Utilization of detachments in the Federal Republic of Germany in the previous year.

Additional criteria for the allocation of detachments:

  1. Of the total available annual contingent of detachments for companies that are applying for the first time for carrying out works in the Federal Republic of Germany, up to 10% of the entity contingent is set aside.
  2. The maximum number of detachments allocated to one company may be 20% of the total entity sub-contingent of detachments.
  3. The commission for detachments of the entity chambers shall decide on the amounts/percentages from paragraphs 1 and 2 of this article at the beginning of the annual detachment allocation procedure.
  4. The minimum number of detachments allocated to one company is five.
  5. When allocating the contingent of detachments to companies that already use the contingent, the use and utilization of the company’s detachments in previous periods will be specially taken into account.

 

  1. ALLOCATION OF THE CONTINGENT

The first-instance decision on the applications of participants in the Public Competition/Tender is made by the Commission for detachments of the entity chambers of commerce, against which participants in the public competition/tender may file an appeal within 8 (eight) days from the date of receipt of the decision.

The appeal is submitted to the competent second-instance body of the entity chambers of commerce, which is obliged to make a decision on the appeal within 15 days from the date of receipt of the case.

FOREIGN TRADE

CHAMBER OF BOSNIA AND HERZEGOVINA