Laughlin E. Waters, U. S. Atty., Bruce A. Bevan, Jr., Richard A. Lavine, Los Angeles, Cal., for appellee.
Jose Pimental-Navarro was ordered deported for having knowingly and for gain assisted, aided, and abetted an alien to enter the United States illegally. Proceeding under the Administrative Procedure Act (5 U.S.C.A. §§ 1001, 1009) and the Declaratory Judgment Act (28 U.S. C.A. § 2201), he instituted this action to obtain a review of that order. Judgment was entered for defendants, and plaintiff appeals.
It is conceded that the act charged is a specified ground for deportation. See 8 U.S.C.A. § 1251(a) (13), quoted in the margin.1 Appellant contends, however, that his return to the United States on March 4, 1954, following a visit of a few hours in Mexico (on which occasion the deportable act was found to have occurred) did not constitute an "entry," within the meaning of the quoted statute, and that his last prior statutory "entry" occurred more than five years previously.
The term "entry" is defined in 8 U.S.C.A. § 1101(a) (13).2 A return from a foreign port or place following even a brief excursion is an "entry," within the meaning of this definition. Resurreccion-Talavera v. Barber, 9 Cir., 231 F.2d 524; Schoeps v. Carmichael, 9 Cir., 177 F.2d 391, 396.
It is further contended that there is no substantial or probative evidence in the record that appellant assisted another alien to enter the United States "for gain." We find, however, that there is substantial and probative evidence in the record to support this finding.
Invoking 8 U.S.C.A. § 1254(a) and (e), appellant applied for suspension of deportation, or the privilege of voluntary departure. This was denied, on the ground that appellant was ineligible for such relief. Appellant challenges this determination.
"* * * a member of one or more of the classes of persons, whether excludable or not, described in paragraphs (11), (12), and (31) of section 1182(a) of this title."
"* * * any alien who at any time shall have, knowingly and for gain, encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law."
The determination that appellant was ineligible for suspension of deportation or voluntary departure is accordingly correct and proper.
At the time of the deportation hearing, appellant applied for nunc pro tunc discretionary relief under 8 U.S.C.A. § 1182(c).3 The Board of Immigration Appeals denied this application. Appellant argues, in effect, that this was an abuse of discretion, because of the extreme hardship which will result, and in view of the fact that during the entire period of his residence in this country, beginning in 1920, and until the incident in question, he has been a person of good moral character.
We find no basis for judicial disturbance of the judgment which has been entered. Nevertheless, in view of the extreme hardship which will result, and the trifling nature of the offense, we think it appropriate to give the Board an opportunity to reconsider the denial of relief under 8 U.S.C.A. § 1182(c).
The facts which move us to adopt this course are not in dispute, and may be briefly stated: Appellant, who owns a modest home and operates a small grocery and vegetable peddling business, entered this country in 1920 and has lived here ever since — thirty-eight years. He is the father of six children, all natives and hence citizens of the United States. Three of the children are minors, the youngest being thirteen years of age. They live with their mother — appellant's wife — from whom he has been separated for twelve years. This means that if appellant must leave the country, he will be separated from his minor children.
His wife is not employed, and she and the minor children are totally dependent upon appellant for their support. He now contributes sixty dollars a month for their support, and also supplies them with groceries and vegetables worth twenty-five to thirty dollars a week.
Except for the incident here in question, there seems to be no flaw in appellant's record. He has never before been charged with a violation of law. Neither he nor his family has ever been a public charge. He registered for military service during the war.
In bringing an alien into the United States illegally and for gain, appellant yielded to temptation under most trying circumstances. On March 4, 1954, a person approached appellant while he was selling vegetables and offered him fifty dollars if he would bring one Sexto Medina into this country from Mexico. Appellant did not immediately accept this offer. But later his truck broke down and he was in need of funds to repair it. He decided to proceed to Tijuana, Mexico, to obtain a loan from a personal friend. If he found himself unsuccessful in this, however, it was his intention to try to obtain the needed funds by bringing Medina into this country.
Appellant was unable to borrow the money from his Mexican friend. Proceeding with his alternative plan to raise the funds, he tried to bring Medina into the United States, but was apprehended. He was not paid the promised fifty dollars, but received fifteen dollars to pay for gasoline.
The case is remanded, with instructions to the district court to remand the case to the proper administrative agency, to permit a reconsideration by it to determine whether, in the exercise of its discretion, it can grant some relief under 8 U.S.C.A. § 1182(c), or otherwise. If appellant's record is generally good, the size of his offense, under an urgent economic strain of the moment, is virtually de minimis.
"(13) prior to, or at the time of any entry, or at any time within five years after any entry, shall have, knowingly and for gain, encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law."
"The term `entry' means any coming of an alien into the United States, from a foreign port or place or from an outlying possession, whether voluntarily or otherwise, except that an alien having a lawful permanent residence in the United States shall not be regarded as making an entry into the United States for the purposes of the immigration laws if the alien proves to the satisfaction of the Attorney General that his departure to a foreign port or place or to an outlying possession was not intended or reasonably to be expected by him or his presence in a foreign port or place or in an outlying possession was not voluntary: Provided, That no person whose departure from the United States was occasioned by deportation proceedings, extradition, or other legal process shall be held to be entitled to such exception."
"Aliens lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of deportation, and who are returning to a lawful unrelinquished domicile of seven consecutive years, may be admitted in the discretion of the Attorney General without regard to the provisions of paragraphs (1)-(25), (30) and (31) of subsection (a) of this section. * *"
"* * * We are aware that the deportation of this respondent will result in a hardship to him because of his long period of residence in this country and because of his close family ties here. We are also aware that his deportation will result in a hardship to his minor children to whom he is contributing support. However, it is our opinion that the nature of the acts which give rise to deportability, which acts recently occurred, are such that the granting of the relief contained in Section 212(c) of the Immigration and Nationality Act is not warranted. The appeal will be dismissed."


text:
Thank you very much for your interest in our company. Data protection has a particularly high priority for the management of Siegfried Heim GmbH. The internet pages of Siegfried Heim GmbH can be used without providing any personal data. However, if a data subject wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person concerned.
Siegfried Heim GmbH, as the data controller, has implemented numerous technical and organizational measures to ensure the most complete possible protection of the personal data processed via this website. Nevertheless, Internet-based data transmissions can in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as telephone.
Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person shall be considered identifiable if he can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an on-line identifier or one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
The website of Siegfried Heim GmbH collects a number of general data and information each time the website is accessed by a person concerned or an automated system. This general data and information is stored in the log files of the server. The (1) browser types and versions used can be recorded, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-sites which are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information used to avert dangers in the event of attacks on our information technology systems.
When using this general data and information, Siegfried Heim GmbH does not draw any conclusions about the person concerned. This information is needed (1) to correctly deliver the content of our website, (2) to optimize the content and advertising of our website, (3) to ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by Siegfried Heim GmbH both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by the person concerned.
Due to legal regulations, the Siegfried Heim GmbH website contains information that enables quick electronic contact with our company as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject shall be automatically stored. Such personal data transmitted voluntarily by a data subject to the controller are stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.
f the storage purpose no longer applies or if a storage period prescribed by the European directive and regulation giver or another competent legislator expires, the personal data shall be blocked or deleted routinely and in accordance with the statutory provisions.
The data subject withdraws his consent on which the processing was based pursuant to Article 6(1)(a) DS Block Exemption Regulation or Article 9(2)(a) DS Block Exemption Regulation and there is no other legal basis for the processing.
If one of the above reasons applies and a person concerned wishes to have personal data stored at Siegfried Heim GmbH deleted, he or she can contact an employee of the data controller at any time. The employee of Siegfried Heim GmbH will arrange for the request for deletion to be complied with immediately.
If the personal data have been made public by Siegfried Heim GmbH and if our company is obliged to delete the personal data in accordance with Art. 17 para. 1 DS-GVO, then Siegfried Heim GmbH, taking into account the available technology and the implementation costs, takes appropriate measures, including technical measures, to inform other persons responsible for data processing who process the published personal data that the person concerned has requested the deletion of all links to this personal data or copies or replications of this personal data from these other persons responsible for data processing, insofar as the processing is not necessary. The employee of Siegfried Heim GmbH will take the necessary steps in individual cases.
If one of the above conditions is met and a person concerned wishes to request the restriction of personal data stored at Siegfried Heim GmbH, he or she can contact an employee of the data controller at any time. The employee of Siegfried Heim GmbH will initiate the restriction of the processing.
In order to assert the right to data transfer, the person concerned can contact an employee of Siegfried Heim GmbH at any time.
Siegfried Heim GmbH will no longer process the personal data in the event of an objection unless we can prove compelling reasons for the processing worthy of protection which outweigh the interests, rights and freedoms of the person concerned, or the processing serves the assertion, exercise or defence of legal claims.
If Siegfried Heim GmbH processes personal data in order to conduct direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling in so far as it is related to such direct marketing. If the person concerned objects to Siegfried Heim GmbH processing the data for direct marketing purposes, Siegfried Heim GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right to object to the processing of personal data relating to him by Siegfried Heim GmbH for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) DS-GVO for reasons arising from his particular situation, unless such processing is necessary for the performance of a task in the public interest.
In order to exercise the right to object, the person concerned may contact any employee of Siegfried Heim GmbH or another employee directly. The data subject shall also be free to exercise his right of objection in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the responsible person or (2) is made with the explicit consent of the data subject, Siegfried Heim GmbH will take appropriate measures to protect the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a person on the part of the responsible person, to present one’s own position and to contest the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time do so by contacting an employee of the controller..
Each time a YouTube component (YouTube video) has been integrated into one of the individual pages of this Internet site, which is operated by the data controller, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. Further information on YouTube can be found at https://www.youtube.com/yt/about/de/ . As part of this technical process, YouTube and Google obtain information about which specific subpage of our website is visited by the person concerned.
The data protection regulations published by YouTube, which are available at https://www.google.de/intl/de/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.
Art. 6 I lit. a DS-GVO serves our company as a legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, such as in cases of inquiries about our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our business was injured and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Ultimately, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not predominate. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the person concerned is a customer of the person responsible (recital 47 sentence 2 DS Block Exemption Regulation).
This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the external data protection officer for Hof, in cooperation with the lawyer for data protection law Christian Solmecke.

matches:
Art. 17
Art. 89
Art. 6
Art. 6
Art. 6
Art. 6
Art. 6


text:
19-DP-0124 – Charity T. Walters, 4909 Alpha Road, v. Bryan A. Still, 120 N. Fountain Ave., petition for domestic violence civil protection order.
19-DP-0125 – Nicole Thatcher, New Lebanon, v. Michael D. Steele, Medway, petition for domestic violence civil protection order.
19-DS-0154 – Zachariah A. Whitford, 2318 Sunset Ave., and Karla S. Whitford, 2318 Sunset Ave., petition for dissolution of marriage.
19-DR-0155 – Terry Whaley, 4062 St. Paris Pike, v. Betsy Yoder, 130 W. Southern Ave., complaint for divorce.
19-DS-0156 – Joshua Hall, 3246 E. High St., and Holly Hall, 1526 Eagle City Road, petition for dissolution of marriage.
Laurie Doyle v. Omar Ali, domestic violence civil protection order dismissed.
Leslie Spoon v. Kumar Anderson, case voluntarily dismissed.
Glenda Salser v. Kayleigh Hooten, civil stalking protection order dismissed.
Cindy Ann Sheets and Jack Aaron Cook, dissolution of marriage.
Daniel Wayne Robinson and Angela Jean Robinson, dissolution of marriage.
Shawn W. Fogle v. Kisten L. Fogle, decree of divorce granted on the grounds of incompatibility.
Susan A. Burk and Russell R. Burk III, dissolution of marriage.
Melvin Crabtree Jr., and Danielle R. Crabtree, dissolution of marriage.
First Guaranty Mortgage Corp., v. Joseph D. Adkins, et al., judgment vacated, case dismissed with prejudice at plaintiff’s costs.
Kathy Hargis-Neff, et al., v. Western Reserve Mutual Casualty Company, et al., case dismissed with prejudice.
Cincinnati Insurance Company, et al., v. Wayne Water Systems, et al., case dismissed with prejudice.
Grease Magic, Ltd, v. Mike Stoltz dba Fast Mike’s Pit Stop Oil & Lube, judgment in excess of $19,200 for breach of contract plus an additional $4,500 per month in rent and $300 per month in late fees to the end of the term of the lease, etc.
USAA Federal Savings Bank v. Jennifer Angert, et al., judgment for $218,799.
RoundPoint Mortgage Servicing Corp., v. Joshua M. McGath Sr., aka Joshua M. McGarth Sr., et al., judgment in rem.
U.S. Bank NA, as Trustee, v. Matthew T. Trimble, et al., decree in foreclosure for $97,862.
Christina Hofstetter v. Jason Brumfield, case dismissed with prejudice.
U.S. Bank NA v. Samuel C. Jones, et al., decree in foreclosure for $88,653.
Kaila Mayre Hoefer, 25, 648 Cortland Dr., sales representative, and Kirby Junior Leisure, 27, 648 Cortland Dr., fork lift driver.
Steven Harold Miller, 46, 4100 Troy Road, Lot 88, driver, and Melissa Elaine Moore, 43, Franklin, truck driver.
David E. Allen to Sue Devoe Allen, 0 W. Rose St., two parcels, 403 W. Grand Ave., 1070 N. Belmont Ave., 1437 S. Limestone St., and 221-223 E. Liberty St., Springfield; no fee.
Betty R. Peterson to Cheryl L. Stump, 1364 Bellefair Ave., Springfield; $48,000.
J. Jeffrey Dunmire to Andrea L. Miller, 813 Tanglewood Dr., Springfield; $159,900.
Live Oak Assets LLC to Sheila F. Arnold, 2402 Doris Dr., Springfield; $48,000.
Brian L. Raiff to Alexander and Tracie Bay, 2515 Irwin Ave., Springfield; $62,900.
B & G Home Buyers Ltd., to Jeffrey Martin Young, Trustee, 924 Bellevue Ave., Springfield; $25,000.
Jeremy Todd O’Brien to Rodney L. and Lori E. Rahrle, 426 Bellevue Ave., Springfield; $48,000.
Joel Bustos to Margarita Sonia Buberniak, 240 W. Perrin Ave., Springfield; no fee.
David E. and Sue D. Allen to Sue Devoe Allen, 1118-1120 and 1124 Clifton Ave., Springfield; no fee.
Arthur E. and Nancy R. Wilson to Jason and Emily Owens, 314-316 Chestnut Ave., Springfield; no fee.
Carol M. Colvin to Logan Hoke, 264 Glenmore Dr., Springfield; $65,000.
Pamela E. Schmidt and Cynthia L. Schmidt to Cynthia L. Schmidt, 842 Edgewick Road, New Carlisle; no fee.
Toni L. Albers to Nicholas S. and Alison L. Kovach, 4205 Stone Bridge Dr., Springfield; $265,000.
Naomi F. Williams to Glen and Sarah Courtright, 8426 Selma Pike, South Charleston; no fee.
Kenton B. Weller to Raymond L. Isenbarg and Savanna L. Ramirez, 225 Overlook Dr., South Charleston; $107,000.
Lowell D. and Kathy Y. Taylor to Chad K. and Brooke E. Miller, 2430 Myers Road, Springfield; $182,000.
Brion Withrow, Trustee, to Barry M. and Rebecca J. Locke, 0 Clymer Road, Mechanicsburg; $539,300.

matches: v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v.


1. By the settled land laws of Pennsylvania, no title can exist under a second survey unless such second survey have been ordered by the board of property.
2. The mere fact that a second survey was made is not evidence, even after a long time, as against another confessedly first, that an order for the second was made by the board of property and that the order has been lost. And although the loss of such an order may be presumed after a lapse of time, yet the presumption can be made only where the order is shown by some kind of competent proof to have once existed.
3. Where a charge is merely ambiguous, a party dissatisfied with it ought, before the jury leave the bar, to ask the court to make it clear. He should not acquiesce in the correctness of the instruction, take his chance with a jury, and after the verdict is against him, claim the benefit of the ambiguity on error.
In error to the Circuit Court for the Eastern District of Pennsylvania, in which court Munson and others brought ejectment against The Schuylkill and Dauphin Improvement Company and two other like companies, all corporations of Pennsylvania, to recover certain valuable lands in the state just named. Judgment having gone for the plaintiffs, the companies brought the case here.
Rules of decision in the courts of the United States, as well as the forms and modes of process, are very largely derived from the laws of the states as construed by the decisions of the state courts, in cases where they apply, except where the Constitution, treaties, or statutes of the United States otherwise require or provide.
plaintiffs, on the sixth of February, 1866, brought an action of ejectment against the three corporation defendants and the other defendants therein named to recover the possession of the tract, alleging that the title to the tract and the right of possession were in them and not in the defendants. Service was duly made and the defendants appeared and pleaded that they were not guilty as alleged in the declaration. Issue was joined upon that plea and the parties went to trial, and the verdict and judgment were for the plaintiffs. Exceptions were duly taken by the defendants, and they sued out a writ of error and removed the cause into this Court.
(1) An application to the land office of the state dated December 14, 1829, made by him for sixty-six acres of unimproved land in Lower Mahantongo Township, Schuylkill County, bounded as therein described.
(2) Warrant from the state of the same date to the applicant for the land described in the application, as fully set forth in the record.
(3) Return of survey made by a deputy surveyor of the county, June 1, 1829, in pursuance of the warrant, as duly returned to the land office and accepted the fifth of March of the succeeding year, as follows, to-wit: situate in Lower Mahantongo Township, Schuylkill County, containing sixty-six acres and one hundred and three perches, and allowance of six percent, returned this third day of March, 1830, in pursuance of a warrant dated the 14th of December, 1829, to Benjamin Bonawitz. Superadded to the return is the following statement, that the lines and corners of the survey were made on the eighteenth of June, 1829, in pursuance of a warrant dated the seventeenth of March of that year, granted to the same person, a return on which was made, but was rejected on account of the survey not answering the description of the warrant.
grantees of the land described in the warrant, to the plaintiffs.
Appended to the statement that those conveyances were introduced is the admission of the counsel for the defendants that Schuylkill County was erected out of Berks County, and that Porter Township, where the premises are situated, as alleged in the declaration, was created out of Lower Mahantongo Township, which is the name of the township where the location was made under the warrant, survey, and return.
(1) An application, dated July 1, 1793, made by Jacob Yeager to the land office for four hundred acres of and adjoining land granted the same day to William Witman, Jr., in the County of Berks.
(2) Warrant from the state, dated July 1, 1793, to Jacob Yeager for the same land, as more fully set forth in the bill of exceptions.
(3) Return of survey on the warrant by the Deputy Surveyor of Berks County, on the tenth of July, 1794, of four hundred and forty acres and sixty-four perches of land and allowance, situate in Pinegrove Township, in the County of Berks, returned and accepted August 26, 1794, as therein certified.
(4) Sundry conveyances were also offered in evidence by the defendants, tending, as they contend, to deduce title to the said corporations, or one of them, to the land located and surveyed under the warrant to Jacob Yeager, which includes the land embraced in the warrant and survey under which the plaintiffs deraign their title.
(1) Certified copies of eighteen applications, dated July 1, 1793, to the land office, for four hundred acres each, the leading one being in the name of James Silliman, and one of the number being the application by Jacob Yeager given in evidence by the defendants, as follows: Jacob Yeager applies for four hundred acres of land adjoining land this day granted to William Witman, Jr., in the County of Berks.
upon those applications, including the warrant given to Jacob Yeager, introduced in evidence by the other party.
(3) Also certified copies of eighteen surveys, including the Jacob Yeager tract, made by a deputy surveyor of Berks County, upon those warrants, corresponding with the descriptions set forth in the warrants, the certificate of the survey in question being fully set forth in the bill of exceptions.
(4) Return and acceptance of those eighteen surveys, made by Henry Vanderslice, July 16, 1793, as appears in the list annexed to the return. They also introduced a certified copy of a caveat, entered July 18, 1793, by John Kunckle and Aaron Bowen against granting the tracts either to the said Jacob Yeager or to anyone of the other seventeen applicants under the warrants included in that list.
(5) Certificate from the office of the surveyor general that no proceedings had ever been had upon the said caveat.
By that certificate, it appears that diligent and careful search had been made in that department for proceedings on that caveat, and the proper officer certifies that he does not find that any citation was ever applied for or that any proceedings or action was ever had by the board of property upon or concerning the same, which remains recorded in the office of the surveyor general.
(6) They also offered in evidence a map, showing the two locations of the Jacob Yeager tract, the first by Henry Vanderslice and the second by William Wheeler, both deputy surveyors of Berks County.
(7) Both sides admitted that Henry Vanderslice was a deputy surveyor of Berks County, and that the location of the Jacob Yeager tract as made by him was made in the County of Northumberland, within one mile of the line between that county and Berks County, and that the second location of the warrant by William Wheeler was made in Berks County about twenty-two miles distant from the survey made by the other deputy surveyor.
eighteen warrants returned and accepted, August 26 of that year, together with a connected chart of the four tracts, as prepared from the original surveys on file in the office of the surveyor general.
Neither party desiring to offer any further evidence, the presiding justice proceeded to charge the jury. Speaking of the warrant and survey introduced by the plaintiffs, he told the jury that the court saw no defect in the plaintiffs' title under that warrant and survey, adding that the only claim which the defendants have set up is under warrants located several miles from the land in controversy by surveys returned and accepted, and to that instruction no exception was taken by the defendants. But the court also told the jury that "no subsequent official survey of the land under those warrants, without a warrant of survey or order of the board of property, was authorized." Therefore, said the justice, if the jury take the same view of the evidence as the court, the verdict should be for the plaintiffs, and the jury followed that instruction, and the defendants excepted.
(1) That the court erred in charging the jury that no subsequent official survey of the land under those warrants, without a warrant of survey or order of the board of property, was authorized.
(2) That the court erred in telling the jury that if they took the same view of the evidence as the court, the verdict should be for the plaintiffs, as the effect of the instruction, as the defendants contend, was to withdraw from the jury the consideration of the question whether or not the board of property might not have issued an order for a second survey of the tract, the evidence of which had been lost.
Much discussion of the first error assigned is unnecessary, as the defendants admit that the law is well settled in that state that a warrant, where it appears that a survey has been ordered upon it and made, returned, and accepted, is functus officio, and that no title under a second survey can be made unless such second survey was ordered by the board of property, which it is admitted is not directly proved in this case.
2. Whether the circuit court erred, as alleged in the second assignment of errors, depends upon the disputed fact whether there was any evidence in the case which would have warranted the jury in finding that an order for a second survey was ever granted by the board of property, as it is settled law that it is error to submit a question to a jury in a case where there is no evidence upon the subject.
the settled rule is if the charge is merely ambiguous the party dissatisfied with it should have requested to have it made clear before the jury left the bar; that a party under such circumstances may not acquiesce in the correctness of the instruction by his silence and take his chance with the jury, and them be allowed, if the verdict is against him, to claim the benefit of the ambiguity without having invited attention to the subject and given the court an opportunity to have made the correction to the jury. Much weight is certainly due to the suggestions of the plaintiffs, that the judge did not withdraw the evidence from the jury, if any there was in the case, that the language only warrants the conclusion that he expressed his own opinion, as he had a right to do, if he thought it proper, and left the question to the determination of the jury. Assume that to be the true construction of the language employed, and it is quite clear that the exception cannot be sustained, but the court is not inclined to place the decision upon that ground, as it is even clearer that there was no evidence in the case which would have warranted the jury in finding that an order for a new survey was ever granted by the board of property, as required by law and the repeated decisions of the supreme court of the state.
nor the payment of any taxes assessed upon the land. On the contrary, they proved nothing except the mere lapse of time, unaccompanied by evidence of possession, or of improvements, or the payment of taxes, or any other circumstance, as a ground of presumption to warrant the jury in finding that the board of property ever granted a new warrant of survey or made any order of a character to give legality to the title set up in their behalf, which is all that need be remarked to show that there is no error in the record. Unquestionably lost records may be proved by secondary evidence, but their former existence and loss must first be established by competent proof, and it is clear that evidence merely showing that they do not exist is not sufficient to establish either of those requirements.
MR. JUSTICE STRONG having been of counsel for one of the parties did not sit.
3 Sergeant & Rawle 346.
Purdon's Digest, 9th ed., 619, pls. 7 and 8.
Drinker v. Holliday, 2 Yeates 89; Porter v. Ferguson, 3 id. 60; Vickroy v. Skelley, 14 Sergeant & Rawle 377; Oyster v. Bellas, 2 Watts 397; Bellas v. Cleaver, 4 Wright 260; Gratz v. Beates, 9 Wright 495.
61 U. S. 20 How. 254.
Goodman v. Simonds, 20 How. 359; Dubois v. Lord, 5 Watts 49; Haines v. Stouffer, 10 Barr, 363.
Ryder v. Wombwell, Law Reports 4 Exchequer 39; Law Reports 2 Privy Council Appeals 335.
Jewell v. Parr, 13 C.B. 916; Toomey v. L. & B. Railway Co., 3 C.B.N.S. 150; Wheelton v. Hardisty, 8 Ellis & Blackburn 266; Schuchardt v. Allens, 1 Wall. 369.
1 Greenleaf on Evidence, 2d ed., § 558.
1 Greenleaf on Evidence, 12th ed., § 20; Hathaway v. Clark, 5 Pickering 490; Brunswick v. McKean, 4 Greenleaf 508.
Purdon's Digest, 9th ed., pl. 65.
Mock v. Astley, 13 Sergeant & Rawle 382; Caul v. Spring, 2 Watts 390; Norris v. Hamilton, 7 Watts 91; Nieman v. Ward, 1 Watts & Sergeant 68; Ormsby v. Ihmsen, 10 Casey 462.
Deal v. McCormick, 3 Sergeant & Rawle 346; Oyster v. Bellas, 2 Watts 897; Cassiday v. Conway, 1 Casey, 240; Hughes v. Stevens, 7 Wright 197.
9 Sergeant & Rawle 39.


Austrian Development Agency (acting in its own name and on behalf of the public water management company Srbijavode) intends to award a contract for works under FIDIC contract conditions for the rehabilitation of Kupinac channel in Obrenovac and rehabilitation of six pumping stations in Obrenovac and Surčin. Optional components of the tender are the rehabilitation of the drainage system in Boljevci and Surčin and procurement of mobile pumps. The tender is implemented using financial assistance from the European Union. An open tender procedure is conducted pursuant to the provisions of the Austrian Federal Act on Public Procurement (Bundesvergabegesetz).
The official tender notice is published on the eProcurement platform at https://schramm-oehler.vergabeportal.at/Detail/64512. The tender dossier can be downloaded under the link https://schramm-oehler.vergabeportal.at/Detail/64512#tab2 after registration.
Possible additional information, addenda or clarifications shall be published on the eProcurement platform where the tender dossier is published.
Location of the works: Obrenovac and Surčin in Serbia.
Deadline for submission of tenders: Monday, 27 May 2019, 17:00 hours local time at Schramm Öhler Rechtsanwälte in Bartensteingasse 2, 1010 Vienna or via the eProcurement platform mentioned above.
The Republic of Serbia has received financing from the Council of Europe Development Bank in the form of a loan toward the cost of the project: Research and Development in the Public Sector. The Public Investment Management Office of the Government of the Republic of Serbia, an implementing agency of the Borrower, intends to apply a portion of the proceeds of this loan to eligible payments under the contract for Sub-project: Construction of new building – Institute for Cardiovascular Diseases ”Dedinje” in accordance with the Council of Europe Development Bank′s Guidelines for procurement of supplies, works and services, September (2011).
Pursuant to Art.7, para.1, item 2a) of the Public Procurement Law RS 124/2012, 14/2015 and 68/2015, respectively pursuant to Framework Agreement on the F/P 1739 Loan Agreement between the Republic of Serbia and the Council of Europe Development Bank, concluded on 4th Nov 2011th in Paris, Public Investment Management Office, as the Purchaser, has decided to initiate an international open procurement procedure for the following construction works: Construction of new building – Institute for Cardiovascular Diseases ”Dedinje” no. IOP/24-2018/RD, and now invites bids from eligible tenderers to provide the already mentioned construction works.
Estimated value is 18,900,000.00 EUR excluding VAT.
Expected commencement date of construction works is March 2019th.
New hospital building with underground, ground floor, and 3 levels, is located at the back side of existing hospital building in south west direction, and after the construction of new building of reconstruction of existing one, both buildings will be connected into one functional entity.
Condition for project realisation is that undisturbed work in existing building need to be provided during the construction of new building. Gross area of new hospital building is 13.858 square meters. In addition, new technical block building have area of 100 square meters.
Construction of new building with belonging part of external arrangement is the first phase of realisation of project and include all the works at the complex and at the existing hospital building that are necessary for brining into function new hospital building as well as functioning of the existing building in temporary construction site conditions.
Furthermore, in this tender are included certain works on external infrastructure for nearby Wing “A” of Dragisa Misovic Hospital.
-Increasing the capacities for vascular surgery and cardiology departments.
In new building are predicted joint medical services (laboratory, transfusion unit, central sterilisation) technical rooms (electrical substation, boiler room, water preparation, water preparation, chillers, medical gases substation, processing of medical waste...) and joint staff rooms (wardrobe and restaurant), spaces for reception and evacuation, and administrative and management rooms.
The external infrastructure works for wing “A” of Dragisa Misovic Hospital include: MEP (mechanical, electrical, plumbing) installations, medical gasses and IT telecommunication cables.
Tenders with variant solutions will not be accepted.
Contract will be signed with the best tenderer in an open international procurement procedure. The contract is expected to be implemented from March 2019 to September 2020 (excluding Defects Notification Period).
The tender evaluation criterion is the Lowest Evaluated Tender Price.
The right to participate in this international tender belongs to all interested entities that fulfill the mandatory conditions for the participation in the procedure. The tenderer is obliged to submit the evidence on the fulfillment of the conditions that are determined in the Tender documents.
The conditions which must be met by a tenderer, and also a way of proving whether the conditions are met, are specified in the Tender documents.
Interested parties may obtain further information from Public Investment Management Office Belgrade via e-mail: procurement.rd@pim.gov.rs.
The Tender Documents are available in the English language except for detailed design files that are given in Serbian.
A complete set of Tender Documents shall be posted on the Employer’s website: http://www.obnova.gov.rs/english/public-procurement and will be available to any interested tenderer.
All tenders must be accompanied by a bank guarantee for Tender Security to be submitted in the amount of 500.000 EUR payable in Serbian dinar calculated according to the average exchange rate of the National Bank of Serbia on the day of the payment. The Bank guarantee for Tender Security must be valid at least thirty (30) days after the expiration of Tender validity.
The Tender Security and the Performance and the Advance Payment Guarantee which the chosen Tenderer is required to present following the execution of contract, must be verified by a domestic bank, i.e. the Tenderer is required to present, together with a foreign bank’s guarantee, a counter guarantee from a domestic bank.
All bank guarantees must be irrevocable, i.e. without protest, unconditional and payable at first call.
Tender validity period is at least 120 calendar days from the final tender submission date.
Tenders have to be made according to the ”two-envelope” procedure, in which both the technical and financial offers are submitted together, but in separate envelopes. The technical offers are opened first and evaluated for compliance. The financial envelopes of the technically responsive tenders only are then opened.
Bids must be submitted in a sealed envelope, marked with the reference „Bid for Construction of new building – Institute for Cardiovascular Diseases ”Dedinje” no. IOP/24-2018/RD” in person or by post at the abovementioned address no later than February 14th, 2019, until 11 am.
Bids received after the deadline specified in the preceding paragraph shall be considered untimely. Untimely bids shall not be opened and after opening procedure shall be returned to the bidder, with an indication stating that the bid is not submitted timely.
The tender opening (the technical offers) shall take place on the same day February 14th, 2019 at 1pm at the address: Belgrade, Krunska street No. 58 in the presence of the authorized representatives of those tenderers who choose to attend the tender opening with the provision of the authorization to attend the tender opening session.
Opening of financial part of the tenders shall be performed after the examination of the technical part of the bids. The Employer shall submit, to all tenderers who sent bids, a reasoned Decision on the eligibility of the tenderer, as well as an invitation to all qualified tenderers to participate in the opening of financial bids.
22 January 2019. - The Republic of Serbia has received a loan from the and Council of Europe Development Bank toward the cost of the project: Public Sector Research and Development, and intends to apply part of this funds for payments under the contract for sub-project: Modernisation of Emergency Centre – Clinical Centre of Serbia.
Pursuant to Art.7, para.1, item 2a) of the Public Procurement Law RS 124/2012, 14/2015 and 68/2015, respectively pursuant to Framework Contract Agreement between the Republic of Serbia and the Council of Europe Development Bank F/P 1739 dated 4th of November 2011, Public Investment Management Office has decided to initiate an international open procedure for the “Procurement of Medical equipment for Emergency Centre-Clinical Centre of Serbia” no. IOP/23-2018/RD.
Public Investment Management Office as the Purchaser now invite eligible bidders to participate in the procurement of medical equipment with the estimated value of 730.000 EUR.
Contract will be signed with the best bidder in an open international tender procedure, in accordance with the contract conditions determined in the Tender documents and all other documents that will be a consistent part of the Contract.
The contract is expected to be implemented from April 2019 to June 2019.
The Tender evaluation criterion is “The lowest tender price” (The ranking of bids will be based on that criteria).
Alternative Bids shall not be considered.
Interested eligible bidders may obtain further information from Public Investment Management Office via e-mail: procurement.rd@pim.gov.rs.
Qualifications requirements and the additional details are provided and in particular determined in Bidding Documents.
http://www.obnova.gov.rs/english/public-procurement and will be available to any interested bidder.
A Bid Security, must accompany all bids, shall be in the form of an unconditional, irrevocable and payable on first call bank guarantee issued by a bank. The amount and currency of the bid securities are defined by tender documents.
Deadline for submission of the bids is March 15th, 2019 not later than 11 a.m. local time.
All bids must be delivered in closed envelopes marked with the reference „IOP/23-2018/RD – Procurement of Medical equipment for Emergency Centre-Clinical Centre of Serbia, Kancelarija za upravljanje javnim ulaganjima”, at the address: Nemanjina street no. 22-26, Belgrade, Administration for Joint Services of the Republic Bodies registry.
Bids received after the above mentioned deadline shall be declared late, rejected and returned unopened to the bidder (upon request submitted by the bidder).
The bid opening shall take place at the address: Krunska street no. 58, Ground Floor, Belgrade, on March 15th, 2019 at 1 p.m. local time.
Opening of the bids is public and any interested person may be present. Only authorised representatives of Bidder’s may be actively involved in the procedure of opening bids.
The Austrian Development Agency intends to award a service contract for the supervision of works under FIDIC contract conditions in Obrenovac, Surčin and Svilajnac with financial assistance from the European Union. The open tender procedure is conducted pursuant to the provisions of the Austrian Federal Act on Public Procurement (Bundesvergabegesetz).
Location of the works/projects to be supervised: Obrenovac, Surčin and Svilajnac in Serbia.
Deadline for submission of tenders: Monday, 8 April 2019, 17:00 CET at Schramm Öhler Rechtsanwälte in Bartensteingasse 2, 1010 Vienna or via the electronic procurement platform https://schramm-oehler.vergabeportal.at/.
The Republic of Serbia has received a loan from the European Investment Bank and Council of Europe Development Bank toward the cost of the project: Public Sector Research and Development and intends to apply part of this funds for payments under the contract for sub-project: Тhe Centres of Excellence.
Pursuant to Art.7, para.1, item 2a) of the Public Procurement Law RS 124/2012, 14/2015 and 68/2015, respectively pursuant to Framework Contract Agreement between the Republic of Serbia and the Council of Europe Development Bank F/P 1739 dated 4th of November 2011, Public Investment Management Office has decided to initiate an international open procedure for the „Procurement of Equipment for BioSense Institute in Novi Sad, Serbia” no. IOP/22-2018/RD.
Place of destination is: BioSense Institute, Dr Zorana Djindjica 1, 21101 Novi Sad, Republic of Serbia.
Contract will be signed with the Bidder whose offer has been determined to be the lowest evaluated, compliant and technically responsive bid, in an open international tender procedure, in accordance with the contract conditions determined in the Tender documents and all other documents that will be a consistent part of the Contract.
The contract is expected to be implemented from March to July 2019.
The Tender evaluation criterion is „The lowest price of the compliant and technically responsive tenders” (The ranking of bids will be based on that criteria).
Deadline for submission of the bids is February 20th 2019 not later than 11 a.m. local time.
All bids must be delivered in closed envelopes marked with the reference „IOP/22-2018/RD – The Procurement of Equipment for BioSense Institute in Novi Sad, Serbia, Kancelarija za upravljanje javnim ulaganjima, lot name and number”, at the address: Nemanjina street no. 22-26, Belgrade, Administration for Joint Services of the Republic Bodies registry.
The bid opening shall take place at the address: Krunska street no. 58, Ground Floor, Belgrade, on February 20th 2019 at 1 p.m. local time.
Belgrade, 9 October 2018 - The Republic of Serbia has received financing from the European Investment Bank in the form of a loan toward the cost of the project: Research and Development in the Public Sector. The Public Investment Management Office of the Government of the Republic of Serbia, an implementing agency of the Borrower, intends to apply a portion of the proceeds of this loan to eligible payments under the contract for Sub-project: Faculty of Electronic Engineering (University of Niš) – Multifunctional building upgrade construction works execution in accordance with the European Investment Bank Guide to Procurement.
Pursuant to Art.7, para.1, item 2a) of the Public Procurement Law RS 124/2012, 14/2015 and 68/2015, respectively pursuant to Finance Contract (Public Sector Research and Development) between the Republic of Serbia and the European Investment Bank dated 4th of March 2010, Public Investment Management Office, as the Purchaser, has decided to initiate an international open procurement procedure for the following construction works: Faculty of Electronic Engineering (University of Niš) – Multifunctional building upgrade construction works execution no. IOP/15-2018/RD, and now invites bids from eligible tenderers to provide the already mentioned construction works.
Estimated value is 4,250,000.00 EUR excluding VAT.
Expected commencement date of construction works is February 2019th.
The new multifunctional building of the Faculty of Electrical Engineering in Nis was designed, with GF+5 floors, total gross surface area of the building (upgrade) 6950.38 m2, on the cadastral parcel no. 1928/1, cad. mun. Nis-Crveni Krst. The multifunctional building will be located next to the existing building of the Faculty of Electrical Engineering, and presents its upgrade, and makes a functional whole with it (building in interrupted row).
Floor level of the ground floor: +198.60 m.a.s.l. and +199.10 m.a.s.l.
Contract will be signed with the best tenderer in an open international procurement procedure. The contract is expected to be implemented from February 2019 to January 2020 (excluding Defects Notification Period).
All tenders must be accompanied by a bank guarantee for Tender Security to be submitted in the amount of 50.000€. For the Tenderer from the Employer’s Country: Payable in RSD at the middle exchange rate of The National Bank of Serbia on the day invoking of the guarantee. The Bank guarantee for Tender Security must be valid at least thirty (30) days after the expiration of Tender validity.
The Tender Security, Performance and Advance Payment Guarantee, which the chosen Tenderer is required to present following the execution of contract, must be verified by a domestic bank, i.e. the Tenderer is required to present, together with a foreign bank’s guarantee, a counter guarantee from a domestic bank.
Bids must be submitted in a sealed envelope, marked with the reference „Bid for tender: Faculty of Electronic Engineering (University of Niš) – Multifunctional building upgrade construction works execution no. IOP/15-2018/RD” in person or by post at the abovementioned address no later than November 27th, 2018, until 11 am.
The tender opening (the technical offers) shall take place on the same day November 27th, 2018 at 1pm at the address: Belgrade, Krunska street No. 58 in the presence of the authorized representatives of those tenderers who choose to attend the tender opening with the provision of the authorization to attend the tender opening session.
5 October 2018 - The Republic of Serbia has received a loan from the and Council of Europe Development Bank toward the cost of the project: Public Sector Research and Development, and intends to apply part of this funds for payments under the contract for sub-project: Institute for Cardiovascular Diseases „Dedinje“Modernisation.
Pursuant to Art.7, para.1, item 2a) of the Public Procurement Law RS 124/2012, 14/2015 and 68/2015, respectively pursuant to Framework Contract Agreement between the Republic of Serbia and the Council of Europe Development Bank F/P 1739 dated 4th of November 2011, Public Investment Management Office has decided to initiate an international open procedure for the “Procurement of Medical Devices for the Institute for Cardiovascular Diseases „Dedinje” no. IOP/21-2018/RD.
Public Investment Management Office as the Purchaser now invite eligible bidders to participate in the procurement of medical equipment with the estimated value of 625.260 EUR.
The contract is expected to be implemented from January 2019 to March 2019.
The Tender evaluation criterion is “The lowest evaluated bid” (The ranking of bids will be based on that criteria).
All bids must be delivered in closed envelopes marked with the reference „IOP/21-2018/RD – The Procurement of Medical Devices for the Institute for Cardiovascular Diseases „Dedinje”, Kancelarija za upravljanje javnim ulaganjima”, at the address: Nemanjina street no. 22-26, Belgrade, Administration for Joint Services of the Republic Bodies registry.
The bid opening shall take place at the address: Krunska street no. 58, Ground Floor, Belgrade, on November 26th 2018 at 1 p.m. local time.
Public Investment Management Office publish Contract Award Notice, No: IOP/12-2018/RD/NP-10 - Procurement of Medical Devices for the Clinic for Neurosurgery - Clinical Centre of Serbia, Lot 4 – Stereotactic Arc.
Public Investment Management Office publish Contract Award Notice, No: IOP/18-2018/RD/NP-11 - Procurement of Medical Devices for the Obstetrics and Gynaecology Clinic “Višegradska” - Clinical Centre of Serbia, Lot 2 – Auxiliary hospital and medical equipment.
Public Investment Management Office publish Contract Award Notice, No: IOP/5-2017/RD/INP-4 - Procurement of Additional Medical Imaging Equipment for the Clinical Hospital Center ”Zemun″.
Public Investment Management Office publish Contract Award Decision, No: IOP/11-2017/RD/INP-5 - Procurement of Medical Devices for University Children Hospital Tiršova, Lot 6 – ICT, UPS and backup infrastructure.
" Deadline for submission of the bids is: July 31st, 2018 not later than 11 a.m. local time."
"The bid opening of the Technical proposals shall take place at the address: Krunska street no.58, Ground Floor, Belgrade, on July 31st, 2018 at 1 p.m. local time."
In all other aspects, Procurement Notice for procurement of consulting service: Feasibility Study of “Construction of a new University Children's Hospital in Belgrade, no. IOP/16-2018/UCH, international open procurement procedure, remains unchanged.
June 13, 2018 - The Republic of Serbia has received funds from the Council of Europe Development Bank in the form of a (SIGA) grant toward the cost of the project New University Children's Hospital in Belgrade. The Public Investment Management Office of the Government of the Republic of Serbia, an implementing agency of the Republic of Serbia, intends to apply a portion of the proceeds of this grant to eligible payments under the contract for which this Request for Proposals is issued.
Pursuant to Art.7, para.1, item 2a) of the Public Procurement Law RS 124/2012, 14/2015 and 68/2015, CEB Guidelines for procurement of supplies, works and services (September 2011), respectively pursuant to (SIGA) grant toward the cost of the project New University Children's Hospital in Belgrade between the Republic of Serbia and the Council of Europe Development Bank, Public Investment Management Office, as the Client, has decided to initiate an international open procurement procedure for the following consulting services: Feasibility Study of “Construction of a new University Children's Hospital in Belgrade, no. IOP/16-2018/UCH, and now invites proposals from eligible consultants to provide the already mentioned consulting services.
More details on the services which are the subject of this International Tender Invitation for Proposals are provided in the Terms of Reference (Section 7 of the Bidding Documents - Request for Proposals). Participation in the procurement process is open to all eligible candidates.
Estimated value is 250.000 EUR excluded taxes and duties in the Client’s country.
Contract will be signed with the successful Consultant in an open international tender procedure, in accordance with the contract conditions determined in the Bidding Documents - Request for Proposals and all other documents that will be a consistent part of the Contract.
Expected date for the commencement of the Services is September 2018.
Interested eligible consultants may obtain further information from Public Investment Management Office via e-mail: procurement.rd@pim.gov.rs.
Qualifications requirements and the additional details are provided and determined in Bidding Documents - Request for Proposal.
A complete set of Bidding Documents in English language shall be posted on the Client’s website: http://www.obnova.gov.rs/english/public-procurement and will be available to any interested bidder.
A Bid Security, must accompany all bids, shall be in the form of an unconditional, irrevocable and payable on first call bank guarantee issued by a bank. The amount and currency of the bid security shall be 10.000,00 EUR. For the Bidders from the Client’s Country: Payable in RSD at the middle exchange rate of The National Bank of Serbia on the day invoking of the guarantee.
All bids must be delivered in closed envelopes marked with the reference „Bid for Procurement of Consulting Services: Feasibility Study of “Construction of a new University Children's Hospital in Belgrade” RFP No: IOP/16-2018/UCH, Kancelarija za upravljanje javnim ulaganjima”, at the address: Nemanjina street no.22-26, Belgrade, Administration for Joint Services of the Republic Bodies registry.
Bids received after the above-mentioned deadline shall be declared late, rejected and returned unopened to the bidder.
determined in Bidding Documents - Request for Proposal.
Technical proposals are opened first and evaluated for responsiveness.
Opening of the bids is public and any interested person may be present. Only authorized representatives of Bidder’s may be actively involved in the procedure of opening bids.
For the extension of the contract (through the repetition of similar services entrusted to the original contractor), the Client announces the possibility of using the negotiated procedure for new services for the project as well as the relevant estimated cost.
The awarded consultant will not be eligible for participation in any form during the “design, build and maintain - DBM” construction tender for the project.
25 April 2018. - The Republic of Serbia has received financing from the European Investment Bank in the form of a loan toward the cost of the project: Research and Development in the Public Sector. The Public Investment Management Office of the Government of the Republic of Serbia, an implementing agency of the Borrower, intends to apply a portion of the proceeds of this loan to eligible payments under the contract for Sub-project: Science and Technology Park in Niš (STP Niš), New building construction works execution in accordance with the European Investment Bank Guide to Procurement.
Pursuant to Art.7, para.1, item 2a) of the Public Procurement Law RS 124/2012, 14/2015 and 68/2015, respectively pursuant to Finance Contract (Public Sector Research and Development) between the Republic of Serbia and the European Investment Bank dated 4th of March 2010, Public Investment Management Office, as the Purchaser, has decided to initiate an international open procurement procedure for the following construction works: Science and Technology Park in Niš (STP Niš), New building construction works execution no. IOP/13-2018/RD, and now invites bids from eligible tenderers to provide the already mentioned construction works.
Estimated value is 8,750,000.00 EUR excluding VAT.
Expected commencement date of construction works is August 2018th.
Construction of Science and Technology Park Niš, with underground, ground floor and 3 levels, ground and above ground levels gross surface of 10.625,37m2 and underground level gross surface of 3.352,22m2, is planned to be built at cadastre parcel “1929/6 KO Niš – Crveni krst” gross surface of 9.429,00m2. Subject parcel is located within vicinity of High School Institutions and other facilities for fulfilling required students’ standards.
- Underground level is multifunctional space with major function as underground garage with capacity of 75 parking places, extended within the limits of complete building, having technical rooms, two staircases, two elevator lobbies with three elevators and additional spaces as for fitness club with sanitary block included.
- Ground level is “opened by the penetration” positioned transversally against longitudinal facade plane. Ground level (business space) clear height is from 5.40m up to about 5.70m. Meeting room with restaurant and kitchen, showroom with technical and sanitary block, staircases and elevators are projected at ground level.
- Business space with offices, kitchenette, dining room, terrace, sanitary block, technical rooms, staircases and elevators are at levels 1, 2 & 3.
Contract will be signed with the best tenderer in an open international procurement procedure. The contract is expected to be implemented from August 2018 to October 2019 (excluding Defects Notification Period).
All tenders must be accompanied by a bank guarantee for Tender Security to be submitted in the amount of 100.000 € or equivalent in a convertible currency in RSD calculated according to the average exchange rate of the National Bank of Serbia on the day of the payment. The Bank guarantee for Tender Security must be valid at least thirty (30) days after the expiration of Tender validity.
Bids must be submitted in a sealed envelope, marked with the reference „Bid for Science and Technology Park in Niš (STP Niš), New building construction works execution no. IOP/13-2018/RD” in person or by post at the abovementioned address no later than June 18th, 2018, until 11 am.
The tender opening (the technical offers) shall take place on the same day June 18th, 2018 at 1pm at the address: Belgrade, Krunska street No. 58 in the presence of the authorized representatives of those tenderers who choose to attend the tender opening with the provision of the authorization to attend the tender opening session.
In all other aspects, Procurement Notice for “Procurement of Medical Devices for the Clinic for Neurosurgery - Clinical Centre of Serbia” no. IOP/12-2018/RD, international open procedure, remains unchanged.
This amendment has been made due to the Amendment No. 2 to Tender Documents that shall be the part of the Tender Documents and that has been issued on the 25th of July 2018, which made an amendment in the Technical specification for Lot 6 – Ultrasonic Aspiration by adding the new item 6.3. Ultrasonic Surgical Aspiration system for spine and brain surgery Qty. 1, and have increased the estimated value.
June 8, 2018 - The Republic of Serbia has received a loan from the European Investment Bank and Council of Europe Development Bank toward the cost of the project: Public Sector Research and Development, and intends to apply part of this funds for payments under the contract for sub-project: Clinic for Neurosurgery Modernisation.
Pursuant to Art.7, para.1, item 2a) of the Public Procurement Law RS 124/2012, 14/2015 and 68/2015, respectively pursuant to Framework Contract Agreement between the Republic of Serbia and the Council of Europe Development Bank F/P 1739 dated 4th of November 2011, Public Investment Management Office has decided to initiate an international open procedure for the “Procurement of Medical Devices for the Clinic for Neurosurgery - Clinical Centre of Serbia” no. IOP/12-2018/RD.
Place of destination is: The Clinic for Neurosurgery - Clinical Centre of Serbia, Koste Todorovića 4, 11000 Belgrade, Serbia, 11000 Belgrade, Serbia.
The contract is expected to be implemented from September 2018 to November 2018.
A complete set of Bidding Documents in English language shall be posted on the Purchaser’s website: http://www.obnova.gov.rs/english/public-procurement and will be available to any interested bidder.
All bids must be delivered in closed envelopes marked with the reference „IOP/12-2018/RD – Procurement of Medical Devices for the Clinic for Neurosurgery - Clinical Centre of Serbia, Kancelarija za upravljanje javnim ulaganjima”, lot name and number“, at the address: Nemanjina street no. 22-26, Belgrade, Administration for Joint Services of the Republic Bodies registry.
The bid opening shall take place at the address: Krunska street no. 58, Ground Floor, Belgrade, on August 7th 2018 at 1 p.m. local time.
In all other aspects, Procurement Notice for “Procurement of Medical Devices for The Obstetrics and Gynaecology Clinic “Višegradska”-Clinical Centre of Serbia, international open procedure, remains unchanged.
This amendment has been made due to the Addendum No. 2 to Tender Documents that shall be the part of the Tender Documents and that has been issued on the September 11, 2018, in order to give prospective bidders reasonable time in which to take the addendum into account in preparing their bids.
30 July 2018. - The Republic of Serbia has received a loan from the and Council of Europe Development Bank toward the cost of the project: Public Sector Research and Development, and intends to apply part of this funds for payments under the contract for sub-project: The Obstetrics and Gynaecology Clinic “Višegradska”Modernisation.
Pursuant to Art.7, para.1, item 2a) of the Public Procurement Law RS 124/2012, 14/2015 and 68/2015, respectively pursuant to Framework Contract Agreement between the Republic of Serbia and the Council of Europe Development Bank F/P 1739 dated 4th of November 2011, Public Investment Management Office has decided to initiate an international open procedure for the “Procurement of Medical Devices for the Obstetrics and Gynaecology Clinic “Višegradska” - Clinical Centre of Serbia” no. IOP/18-2018/RD.
The contract is expected to be implemented from November 2018 to January 2019.
All bids must be delivered in closed envelopes marked with the reference „IOP/18-2018/RD – The Procurement of Medical Devices for the Obstetrics and Gynaecology Clinic “Višegradska” - Clinical Centre of Serbia, Kancelarija za upravljanje javnim ulaganjima”, lot name and number“, at the address: Nemanjina street no. 22-26, Belgrade, Administration for Joint Services of the Republic Bodies registry.
The bid opening shall take place at the address: Krunska street no. 58, Ground Floor, Belgrade, on September 18th 2018 at 1 p.m. local time.
The Republic of Serbia has received financing from the European Investment Bank in the form of a loan toward the cost of the project: Research and Development in the Public Sector. The Public Investment Management Office of the Government of the Republic of Serbia, an implementing agency of the Borrower, intends to apply a portion of the proceeds of this loan to eligible payments under the contract for Sub-project: Creation of Centers of Excellence in priority research fields.
Pursuant to Art.7, para.1, item 2a) of the Public Procurement Law RS 124/2012, 14/2015 and 68/2015, respectively pursuant to Finance Contract (Public Sector Research and Development) between the Republic of Serbia and the European Investment Bank dated 4th of March 2010, Public Investment Management Office, as the Purchaser, has decided to initiate an international open procurement procedure for the following consulting services: Main Design, Detailed Design, Project Management, Supervision of Civil Works and Clean Room Validation for Construction of BioSense Institute Building in Novi Sad, Serbia, no. IOP/10-2017/RD, and now invites proposals from eligible consultants to provide the already mentioned consulting services.
Estimated value is 500,000.00 EUR.
Expected date for the commencement of the Services is December 2017.
Qualifications requirements and the additional details are provided and in particular determined in Bidding Documents - Request for Proposal.
A Bid Security, must accompany all bids, shall be in the form of an unconditional, irrevocable and payable on first call bank guarantee issued by a bank. The amount and currency of the bid security shall be 20.000,00 EUR. For the Bidders from the Purchaser’s Country: Payable in RSD at the middle exchange rate of The National Bank of Serbia on the day invoking of the guarantee.
All bids must be delivered in closed envelopes marked with the reference „Bid for Procurement of Consulting Services Main Design, Detailed Design, Project Management, Supervision of Civil Works and Clean Room Validation for Construction of BioSense Institute Building in Novi Sad, Serbia RFP No: IOP/10-2017/RD, Kancelarija za upravljanje javnim ulaganjima”, at the address: Nemanjina street no.22-26, Belgrade, Administration for Joint Services of the Republic Bodies registry.
in particular determined in Bidding Documents - Request for Proposal.
Technical proposals are opened first and evaluated for responsiveness. Following the completion of the evaluation of the Technical Proposals, the Purchaser will notify all Consultants of the location, date and time of the public opening of Financial Proposals.
Deadline for submission of the bids is: November 20th 2017 not later than 11 a.m. local time.
Bids received after the above-mentioned deadline shall be declared late, rejected and returned unopened to the bidder (upon request submitted by the bidder).
The bid opening of the Technical Proposals shall take place at the address: Svetozara Markovića street no.42, 1st Floor, Belgrade, on November 20th 2017 at 1 p.m. local time.
30 October 2017 - The Republic of Serbia has received a loan from the European Investment Bank and Council of Europe Development Bank toward the cost of the project: Public Sector Research and Development, and intends to apply part of this funds for payments under the contract for sub-project: University Children Hospital “Tiršova” Modernisation.
Pursuant to Art.7, para.1, item 2a) of the Public Procurement Law RS 124/2012, 14/2015 and 68/2015, respectively pursuant to Framework Contract Agreement between the Republic of Serbia and the Council of Europe Development Bank F/P 1739 dated 4th of November 2011, Public Investment Management Office has decided to initiate an international open procedure for the “Procurement of Medical Devices for University Children Hospital “Tiršova”” no. IOP/11-2017/RD.
The contract is expected to be implemented from February 2018 to April 2018.
All bids must be delivered in closed envelopes marked with the reference „IOP/11-2017/RD – Procurement of Medical Devices for University Children Hospital “Tiršova”, Kancelarija za upravljanje javnim ulaganjima”, lot name and number“, at the address: Nemanjina street no.22-26, Belgrade, Administration for Joint Services of the Republic Bodies registry.
The bid opening shall take place at the address: Svetozara Markovića street no.42, 1st Floor, Belgrade, on December 20th 2017 at 1 p.m. local time.
is October 10th 2017 not later than 11 a.m. local time.
shall take place at the address: Svetozara Markovića street no.42, 1st Floor, Belgrade, on October 10th 2017 at 1 p.m. local time."
In all other aspects, Procurement Notice for “Procurement of Medical Devices for Clinical Centre Dr Dragiša Mišović” no. IOP/6-2017/RD, international open procedure, remains unchanged.
This amendment has been made due to the complaint by the prospective bidder on the Tender documents received on the 3rd of October 2017.
18 August 2017. - International invitation for tender - Procurement of Medical Devices for Clinical Centre Dr Dragiša Mišović NO. IOP/6-2017/RD - The Republic of Serbia has received a loan from the European Investment Bank and Council of Europe Development Bank toward the cost of the project: Public Sector Research and Development, and intends to apply part of this funds for payments under the contract for sub-project: Clinical centre Dr Dragiša Mišović Modernisation.
Pursuant to Art.7, para.1, item 2a) of the Public Procurement Law RS 124/2012, 14/2015 and 68/2015, respectively pursuant to Framework Contract Agreement between the Republic of Serbia and the Council of Europe Development Bank dated 15th of October 2010, Public Investment Management Office has decided to initiate an international open procedure for the “Procurement of Medical Devices for Clinical Centre Dr Dragiša Mišović” no. IOP/6-2017/RD.
The contract is expected to be implemented from November 2017 to February 2018.
A Bid Security, must accompany all bids, shall be in the form of an unconditional, irrevocable and payable on first call bank guarantee issued by a bank. The amount and currency of the bid security shall be 2% of estimated value per Lot (EUR). For the Bidders from the Purchaser’s Country: Payable in RSD at the middle exchange rate of The National Bank of Serbia on the day invoking of the guarantee.
All bids must be delivered in closed envelopes marked with the reference „ IOP/6-2017/RD – Procurement of Medical Devices for Clinical Centre Dr Dragiša Mišović, Kancelarija za upravljanje javnim ulaganjima”, at the address: Nemanjina street no.22-26, Belgrade, Administration for Joint Services of the Republic Bodies registry.
The bid opening shall take place at the address: Svetozara Markovića street no.42, 1st Floor, Belgrade, on October 10th 2017 at 1 p.m. local time.
In all other aspects, Procurement Notice for “Procurement of Medical Imaging Equipment” no. IOP/5-2017/RD, international open procedure, remains unchanged.
This amendment has been made due to the Addendum No. 5 to Tender Documents that shall be the part of the Tender Documents and that has been issued on the 20th of October 2017, in order to give prospective bidders reasonable time in which to take the addendum into account in preparing their bids.
25 September 2017 - The Republic of Serbia has received a loan from the European Investment Bank and Council of Europe Development Bank toward the cost of the project: Public Sector Research and Development, and intends to apply part of this funds for payments under the contract for sub-project: Clinical Centres Modernisation.
Pursuant to Art.7, para.1, item 2a) of the Public Procurement Law RS 124/2012, 14/2015 and 68/2015, respectively pursuant to Framework Contract Agreement between the Republic of Serbia and the Council of Europe Development Bank dated 15th of October 2010, Public Investment Management Office has decided to initiate an international open procedure for the “Procurement of Medical Imaging Equipment” no. IOP/5-2017/RD.
Estimated value is 1.625.000 euro.
A Bid Security, must accompany all bids, shall be in the form of an unconditional, irrevocable and payable on first call bank guarantee issued by a bank. The amount and currency of the bid security shall be 30.000 EUR per lot. For the Bidders from the Purchaser’s Country: Payable in RSD at the middle exchange rate of The National Bank of Serbia on the day invoking of the guarantee.
All bids must be delivered in closed envelopes marked with the reference „ IOP/5-2017/RD – Procurement of Medical Imaging Equipment, Lot name and number, Kancelarija za upravljanje javnim ulaganjima”, at the address: Nemanjina street no.22-26, Belgrade, Administration for Joint Services of the Republic Bodies registry.
The bid opening shall take place at the address: Svetozara Markovića street no.42, 1st Floor, Belgrade, on October 27th 2017 at 1 p.m. local time.
9 March 2017 - The Republic of Serbia has received a loan from the European Investment Bank and Council of Europe Development Bank toward the cost of the project: Public Sector Research and Development, and intends to apply part of this funds for payments under the contract for sub-project: New Capital Equipment.
Pursuant to Art.7, para.1, item 2a) of the Public Procurement Law RS 124/2012, 14/2015 and 68/2015, respectively pursuant to Framework Contract Agreement between the Republic of Serbia and the Council of Europe Development Bank dated 15th of October 2010, Public Investment Management Office has decided to initiate an international open procedure for the “Procurement of MRI Scanner” no. IOP/2-2017/RD.
The Ministry of Education, Science and Technological Development as the Project promoter and responsible for its implementation and Public Investment Management Office as the Purchaser, now invite eligible bidders for the procurement of Electron Microscope including HR TEM FEG 200 KeV and Dual Beam (SEM with Focused Ion Beam) for the needs of Vinča Institute of Nuclear Sciences.
The contract is expected to be implemented from May 2017 to August 2017.
A complete set of Bidding Documents in English language shall be posted on the Purchaser’s website: http://www.obnova.gov.rs and will be available to any interested bidder.
A Bid Security, must accompany all bids, shall be in the form of an unconditional, irrevocable and payable on first call bank guarantee issued by a bank. The amount and currency of the bid security shall be 30.000,00 EUR. For the Bidders from the Purchaser’s Country: Payable in RSD at the middle exchange rate of The National Bank of Serbia on the day invoking of the guarantee.
Deadline for submission of the bids is: April 24th 2017 not later than 11 a.m. local time.
All bids must be delivered in closed envelopes marked with the reference „Bid for Procurement of Electron Microscope (SEM and TEM) IOP/2-2017/RD, Kancelarija za upravljanje javnim ulaganjima”, at the address: Nemanjina street no. 22-26, Belgrade, Administration for Joint Services of the Republic Bodies registry.
The bid opening shall take place at the address: Svetozara Markovića street no.42, 1st Floor, Belgrade, on April 24th 2017 at 1 p.m. local time.
Pursuant to Art.7, para.1, item 2a) of the Public Procurement Law RS 124/2012, 14/2015 and 68/2015, respectively pursuant to Framework Contract Agreement between the Republic of Serbia and the Council of Europe Development Bank dated 15th of October 2010, Public Investment Management Office has decided to initiate an international open procedure for the “Procurement of MRI Scanner” no. IOP/1-2017/RD.
The Ministry of Education, Science and Technological Development as the Project promoter and responsible for its implementation and Public Investment Management Office as the Purchaser, now invite eligible bidders for the procurement of MRI Scanner including magnetic resonance imaging system 1,5T with „Turnkey” site preparation for the needs of University Children’s Hospital Tiršova.
Contract will be signed with the best bidder in an open international tender procedure, in accordance with the contract conditions determined in the Tender documents and all other documents that will be a consistent part of the Contract. The contract is expected to be implemented from May 2017 to August 2017.
All bids must be delivered in closed envelopes marked with the reference „Bid for Procurement of MRI Scanner IOP/1-2017/RD, Kancelarija za upravljanje javnim ulaganjima”, at the address: Nemanjina street no.22-26, Belgrade, Administration for Joint Services of the Republic Bodies registry.
The bid opening shall take place at the address: Svetozara Markovića street no.42, 1st Floor, Belgrade, on April 21th 2017 at 1 p.m. local time.
The Austrian Development Agency (acting on behalf of the public water management company Srbijavode as Investor) intends to award a works contract for the regulation and reconstruction of the Crnica river in Paraćin with financial assistance from the European Union. The open tender procedure is conducted pursuant to the provisions of the Austrian Federal Act on Public Procurement (Bundesvergabegesetz).
The Austrian Development Agency (acting on behalf of the public water management company Srbijavode as Investor) intends to award a works contract for the regulation and reconstruction of the Resava river in Svilajnać with financial assistance from the European Union. The open tender procedure is conducted pursuant to the provisions of the Austrian Federal Act on Public Procurement (Bundesvergabegesetz).
The Austrian Development Agency (acting on behalf of the public water management company Srbijavode as Investor) intends to award a service contract for the supervision of works under FIDIC contract conditions in Valjevo, Paraćin and Svilajnać with financial assistance from the European Union. The open tender procedure is conducted pursuant to the provisions of the Austrian Federal Act on Public Procurement (Bundesvergabegesetz).
The Austrian Development Agency (acting on behalf of the public water management company Srbijavode as Investor) intends to award a works contract for the regulation and reconstruction of the Kolubara river in Valjevo with financial assistance from the European Union. The open tender procedure is conducted pursuant to the provisions of the Austrian Federal Act on Public Procurement (Bundesvergabegesetz).
The Austrian Development Agency (acting on behalf of the public water management company Beogradvode as Investor) intends to award a works contract for the rehabilitation of drainage channels (dredging of silty material) with financial assistance from the European Union. The open tender procedure is conducted pursuant to the provisions of the Austrian Federal Act on Public Procurement (Bundesvergabegesetz).