Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
New Building for Faculty of Commerce - Ain Shams University in El-Obour City Project Through Public Private Partnership
Pre-Qualification Document 8/5/2019
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
Prequalification Document
Reference: New Building for Faculty of Commerce Ain Shams University in El-Obour City PPP Project
Dear Prequalification Applicant
The Ministry of Higher Education and Scientific Research (“MOHESR”), represented by Ain Shams University (“ASU”) or the “Tendering Authority”) with the technical assistance of the PPP Central Unit (“PPPCU”) of the Ministry of Finance ("MOF") of the Arab Republic of Egypt (“Egypt”) hereby invites Applicants from interested companies or consortia (“Prospective Applicants”) to submit their prequalification applications to be qualified to bid on a Public Private Partnership (“PPP”) tender to Design, Finance, Build, Equip, Maintain and Provide some non-educational services of the New Building for Faculty of Commerce Ain Shams University in El-Obour City PPP Project (“Project”). It is currently envisaged that the contract term will be for a period of 17 years including 2 Years for constructing and equiping. 1 The Project (including the ownershipP0F P of the new assets) shall be handed over to Ain Shams University (“ASU”) at the end of the contract period or upon earlier termination. The PPP contract (“PPP Contract”) will be awarded through a competitive bidding process (“Bidding Process”) open to both local and international prequalified bidders.
TheU following prequalification procedures will be adopted:
1. This Prequalification Document is provided with a Prequalification Criteria to which must be satisfied by the Prequalification Applicants. 2. Following the submission of the Prequalification Applications, the Prospective Applicants will be evaluated on the requirements and criteria set forth in the attached Instructions in the Prequalification Document.
3. whose Prequalification Application is determined by the Prequalification Committee to be substantially responsive to the requirements and criteria of the prequalification process shall be designated as “Qualified Applicants”.
4. OnlyU Qualified Applicants shall be invited to participate in the bidding process U for the Project.
Prequalification Applications must be in hard copy and delivered no later than 3:00 p.m. local
Cairo time on 4U /7/2019,U at the address indicated in the attached Data Sheet (Annex 1).
Prequalification Applications will be evaluated by a Prequalification Committee. The Committee will announce the Qualified Applicants as as it finishes the evaluation.
1 The site for the Project will remain in the ownership of Ain Shams University throughout the duration of the contract. Newly built assets on the site will be owned by the Project Company for the duration of the contract and will be transferred to Ain Shams University at the end of the PPP Contract.
Page 2 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
Please confirm receipt of this invitation immediately by email to the following email address: [email protected]
If you decide not to submit a Prequalification Application, we would appreciate if you could email us, indicating the reasons for your decision.
Sincerely,
Prof. Dr. Abdul Wahab Ezzat President of Ain Shams University
Page 3 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
IMPORTANT NOTICE
This Prequalification Document is provided to the recipient solely for use in preparing and submitting applications for the competitive tender for a Public Private Partnership (“PPP”) to Design, Finance, Build, Equip, Maintain and Provide some non-educational services of the New Building for Faculty of Commerce Ain Shams University in El- Obour City PPP Project (the “Project”) for a term of 17 years including 2 Years for constructing and equiping, after which the project and its assets will be transferred to the Tendering Authority.
This Prequalification Document is being issued by the Ministry of Higher Education and Scientific Research (“MOHESR”), represented by Ain Shams University (“ASU”), or “Tendering Authority”) with the technical assistance of the Public Private Partnership Central Unit (“PPPCU”) of the Ministry of Finance (“MOF”) solely for use by Applicants to submit Prequalification Applications in considering the Project.
The Prequalification Document has been prepared with the assistance of the specified advisory team from Ain Shams University which consists of different expertise of financial advisors, legal advisors and The Studies Unit & Engineering Consultancy Cadastral in Faculty of Engineering Ain Shams University as a Technical advisor.
This Prequalification Document is intended only as an explanation of the requirements of the Ain Shams University and is not intended to form the basis of an Applicant’s decision as to whether submit a Prequalification Application or enter into any contractual relationship with the Ain Shams University. Each Applicant shall be solely responsible for the information and documents required to submit a Prequalification Application and/or to undertake the Project in accordance with the terms of the relevant Prequalification Application.
Accordingly, whilst the Prequalification Document has been prepared in good faith, it does not purport to be comprehensive nor does it purport to have been independently verified. Neither ASU, its advisers or the directors, officers, members, partners, employees, Ain Shams University teaching staff, agents or advisers of any such person makes any representation or warranty (expressed or implied) as to the veracity, adequacy, accuracy, reasonableness or completeness of the Prequalification Document, nor accepts any responsibility or liability arising out of or in relation to the Prequalification Document (including in relation to any amendments that may occur on the Prequalification Document or the indicated timetables provided) and/or in respect of the use of, or reliance on, such information by Applicants.
Neither these entities, nor their employees or consultants make any representation (expressed or implied) or warranties as to the accuracy or completeness of the information contained herein, in the or other document made available to a person in connection with the tender process for the Project and shall have no liability for this Prequalification Document or for any other written or oral communication transmitted to the recipient in the course of the recipient’s evaluation of the Project.
Neither these entities, nor their employees or consultants will be liable to reimburse or compensate
Page 4 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document the recipient for any costs or expenses incurred by the recipient in evaluating or acting upon this Prequalification Document or otherwise in connection with the Project as contemplated herein.
The Prequalification Document does not constitute an invitation to any investor to invest, or otherwise participate, in the Project, and also the Prequalification Document does not constitute a demand3T 3T6T for3T6T investment. The3T submission of the Prequalification Application does not give to any person or entity preference,3T priority 3T or3T precedence3T when3T competing 3T on3T the 3T 3Tawarding of 3T the3T Project.
Capitalized terms in this important notice have the meaning given to them in the glossary section of this Prequalification Document.
Page 5 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
CONTENTS
1 INTRODUCTION 9 1.1 Instructions to Applicants 9 1.2 Applicants and Eligibility 9 1.3 Consortium-Lead Members 9 1.4 Consortium Participation Restrictions 10 1.5 Prequalification costs 10 1.6 Confidentiality 10 2 PREQUALIFICATION PREPARATION 11 2.1 Language of Prequalification Application 11 2.2 Document comprising the Prequalification Application 11 2.3 Part I – Prequalification Criteria 12 2.4 Part II – Prequalification Application form and other documents 18 2.5 Part III – Consortia documents and requirements 19 2.6 Part IV - Power of Attorney 19 2.7 Part V - Pre-printed Literature 20 2.8 Clarifications 20 2.9 Timetable 20 2.10 Format and signing of Prequalification Application 21 3 PREQUALIFICATION APPLICATION FORM: SUBMISSION 22 3.1 Sealing and marking of Prequalification Applications 22 3.2 Deadline for submission Prequalification Applications 22 4 PREQUALIFICATION APPLICATION: OPENING AND EVALUATION 23 4.1 Preliminary examination of Prequalification Applications 23 4.2 Evaluation of the Prequalification Application 23 5 INVITATION TO PARTICIPATE IN THE TENDERING PROCESS 24 Annex 1: Data sheet 25 Annex 2: Prequalification Application Form 26 Annex 3: Power of Attorney 29 Annex 4: Basic Information Form 32 Annex 5: List of Projects: Technical Criteria QC1, 2 and Financial Criteria QC1 to QC3 33 Annex 6: Affidavit 36 Annex 7: Audited Financial Statements 37 Annex 8: Form of Letter of Support from Parent Company (if required) 39
Page 6 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
GLOSSARY
Applicant: An entity which has positively responded to the Invitation for Prequalification.
Consortium: Has the meaning given to it in Section 1.3. Consortium Member: Has the meaning given to it in Section 1.3 ASU: Ain Shams University in Arabic Republic of Egypt . Data Sheet: Annex 1 of this Prequalification Document. EGP: Egyptian Pounds being the local currency of Egypt Egypt: Arab Republic of Egypt.
Invitation for Prequalification: The invitation for prequalification published in newspapers and on the websites of the MOHESR, ASU, MOF,U PPPCU,U the General Authority for Investment & Free Zones on 8/5/2019. Lead Member: A member of the Consortium who will be appointed and authorized by the rest of the Consortium Members as a lead member in accordance with Section 1.3 MoF: Ministry of Finance of Egypt. Non-Qualified Applicant: An Applicant whose Prequalification Application is not substantially responsive and/ or has not satisfied one or more of the Prequalification Criteria in accordance with the Prequalification Document. Operator: The Applicant (if the Applicant is a company) that will be responsible for the Project Company’s obligations under the PPP Contract with respect to the non educational services, including all maintenance works , security services and cleaning services of the Project, or if the applicant is Consortium, the operator (determined by the Consortium) will be a Consortium Member who will own at least 20% of the Consortium and should fulfil the prequalification criteria 1, 2 in accordance to section 2.3. It is acceptable that at most two operators from the Consortium Members will be responsible for the operation, provided that they collectively have at least 20% of the Consortium, where each of them shall have at least 10%.
Parent Company: Any legal entity controlling the Applicant (or the relevant Consortium Member). For purposes of this definition, “control” means control in any manner that results an actual domination, whether directly or through the ownership of investment shares or indirectly through a trust, a contract, the ownership of investment shares of any other body corporate or otherwise.
PPP Contract: A contract that shall be concluded between ASU and the Project Company. PPP: Public Private Partnership. PPPCU: PPP Central Unit of the Ministry of Finance. PPP Law: Law No. 67 for the year 2010 for Partnerships with the Private Sector in Infrastructure Projects & Public Utilites and its ammendements, and its Executive Regulations issued pursuant to
Page 7 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
Prime Ministerial Decree 238 for the year 2011. Prequalification Application: An application submitted by an Applicant in response to and in accordance with the requirements set out in this Prequalification Document. Prequalification Committee: The committee established in accordance with Article 20 of the PPP Law, whose responsibility is to evaluate the Prequalification Applications and decide on. Prequalification Criteria: The criteria set in Section 2.3, based on which the Qualified Applicant will be selected. Prequalification Document: This document outlining the prequalification requirements, instructions and criteria to Applicants, including all schedules, annexes attached herein and all amendments that may be occurred from time to time. Project: Design, Finance, Build, Equip, Maintain and Provide some non-educational services of the New Building for Faculty of Commerce Ain Shams University, investment zone in El- Obour City then transfer it to ASU after the end of the project’s term.
Qualified Applicant: An Applicant (company/consortium) whose Prequalification Application is substantially responsive and has satisfied all the Prequalification Criteria in accordance with the Prequalification Document. Project Company: An Egyptian joint-stock company to be established by the successful bidder from the Qualified Applicants who submitted their bids to compete the awarding of the Project.
Tender Documents: Consist of the Invitaion to Bid to be issued by ASU, the draft PPP Contract, including all annexes, schedules and subsequent amendments as applicable. Tendering Authority: Ministry oF Higher Education and Scientefic Research (MOHESR) represented by Ain Shams University (ASU), responsible for the tendering and the contracting of the PPP Contract. Timetable: The estimated timetable (or as may be amended), from the issuance of this Prequalification Document to the completion of the prequalification process as set out in Section 2.9.
Page 8 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
1 INTRODUCTION
1.1 Instructions to Applicants
The Ministry oF higher Education and Scientific Research (MOHESR) represented by Ain Shams University (ASU), as the Tendering Authority with the technical assistance of the PPPCU of the MOF, invites interested companies or consortia to submit a Prequalification Application to be qualified to bid on a PPP tender to design, finance, build, equip, maintain and Provide some non-educational services of the New Building for Faculty of Commerce Ain Shams University in investment zone, in El- Obour City . The Project’s infrastructure, superstructure, equipment and other assets shall be transferred to the ASU at the end of the Contract Term or upon earlier termination. The Project will be structured using a PPP Contract between ASU and the Project Company.
The Tender Documents that will be made solely available to the Qualified Applicants (companies/Consortia) shall specify the tendering procedures, the terms and conditions governing the competition, and the criteria governing the comparison amongst bids, as well as, the awarding and contracting procedures.
The PPP Contract will be awarded through a competitive bidding process in accordance with the terms of the Tender Documents and the PPP Law.
1.2 Applicants13B and Eligibility This Prequalification Document will be sent to the entities which have positively responded to the invitation for prequalification (“Invitation for Prequalification”) published in newspapers and on the websites of the MOHESR, ASU, MOF, PPPCU, the General Authority for Investment & Free Zones on 8 /5/ 2019.
Each Applicant shall respond to all requirements set out in this Prequalification Document within its Prequalification Application. In case the Applicant is a Consortium, only one Prequalification Application representing a combined response from all Consortium Members should be submitted. Only Qualified Applicants willU be invited to purchase the Tender
Documents thatU will be issued by the ASU and submit their bids.
1.3 Consortium14B -Lead Members An Applicant may take the form of a consortium (a “Consortium") comprised of companies, firms, corporate bodies or other legal entities, each of which are members of the Consortium (“Consortium Member”). Each Consortium shall appoint and authorize one (1) lead member (the “Lead Member”) from the Consortium to represent and irrevocably bind all members of the Consortium in all matters connected with the prequalification and tendering process, including but not limited to, the submission of the Prequalification Application on behalf of the Consortium.
Page 9 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
1.4 Consortium Participation Restrictions
No Applicant or Consortium Member may prequalify if it owns more than five percent (5%) of the shares (directly, in terms of voting rights and/or rights to dividends) of another Applicant or Consortium Member of another Consortium. No Applicant or Consortium Member may prequalify if it has any representative on the board of directors of another Applicant or Consortium Member of another Consortium.
NoU Consortium Member shall have less than a 10% of the shares in the Consortium; and the Operator’s shares shall not be less than 20% in the Consortium during the term of the PPP Contract,
1.5 Prequalification16B costs The Applicant shall bear all costs associated with the preparation and submission of its Prequalification Application, including, without limitation, all costs and expenses related to the Applicant’s preparation of responses to questions or requests for clarification from the Tendering Authority.
1.6 Confidentiality17B Save for any information which is part of the public domain or required to be disclosed by law or a court order (in which case all reasonable efforts will be made to notify the Tendering Authority in advance of such disclosure), the Applicant shall treat all information obtained in connection with or arising under this Prequalification Document as confidential and not use this information for any purpose other than for its Prequalification Application and for the fulfilment of any related requirement.
Page 10 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
2 PREQUALIFICATION PREPARATION
2.1 Language of Prequalification Application
The Prequalification Application prepared by the Applicant, and all correspondences and documents related to the Prequalification Application shall be submitted either in Arabic or in English, as specified in the Data Sheet (Annex 1), with the exception of any printed information or financial statements provided by the Applicant may be written in another language other than in Arabic or English, provided that it is accompanied by a certified translation of its pertinent excerpts in Arabic or English. In case of any inconsistencies between the original version and the translated version, the translated version shall prevail.
All information included in the financial statements and excerpts submitted by the Applicant will be considered part of the Prequalification Application and will be evaluated accordingly.
2.219B Document comprising the Prequalification Application
The Prequalification Application submitted by the Applicant shall comprise the following documents: (a) Part I – the information required by Section 2.3; (b) Part II – the documents or information required by Section 2.4; (c) Part III – where the Applicant is a Consortium, the documents required by Section 2.5; (d) Part IV – Power of Attorney required by Section 2.6; and (e) Part V – (optional) separately bound pre-printed literature, as specified by Section 2.7
PrequalificationU Applications shall contain no prices or prices schedules or other reference to rates or prices for undertaking the Project.
Page 11 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
2.3 Part I – Prequalification Criteria
In Part I of the Prequalification Application, the Applicant (or if the Applicant is a Consortium, the Lead Member on behalf of the Consortium), shall submit proof that it meets the Prequalification Criteria set out below.
Figure 1: Prequalification Criteria
Qualification Criteria Qualification Criteria Requirements Required (“QC”) documents/forms The Applicant must provide evidence DQC1 Technical Criteria of the design, construction, 1: maintenance of at least five (5) educational or administrative The following must be buildings. provided by the Applicant for each project: • each Applicant must provide evidence for achieving all • Responses to information periodical and emergency required in Table 1 of maintance works for at least 5 Annex 5;
Technical Criteria 1 - Years. and Design, Construction, Providing that each building shall Equip and maintenance be at least 3 floors including • Certificate of Satisfactory of educational or Ground floor. Execution. administrative buildings The five (5) projects must have Applicant shall provide been delivered during the last evidence of his capability fifteen (15) years. whether by himself or through contracting with a third party to design, construct, equip and maintain new educational and administrative buildings or rehabilitation of existing buildings and equip it.
Page 12 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
The Applicant must provide evidence DQC2 Technical Criterion of experience in cleaning services and 2: List of Projects security. The following must be The Applicant or any member of the provided by the Applicant consortium if the Applicant is a for each project: consortium must provide Evidence for • Responses to Technical Criterion 2 – his capability by himself or through information required in Evidenece of providing contracting with other companies Table 2 of Annex 5; and cleaning and security which are specialized in security and services cleaning services for educational and • Certificate of adminstative buildings for at least 3 Satisfactory Execution consecutive years in the last 15 years. from the client proving his experience whether by himself or through a third paty in security and cleaning services.
Financial Criterion 1 – The Applicant (or if the Applicant is a DQC1Financial Criterion Debt Financing Consortium, at least one of its 1: Consortium Members) must be able to The Applicant shall provide provide evidence of the successful evidence of at least two (2) raising of debt finance from banks or projects to demonstrate it financing institutions for completely satisfies the criteria. The following must be provided financed projects. debt financing of at by the Applicant for each least EGP 100 million (100,000,000) project: or equivalent must have been arranged • Responses to information by the Applicant or its Consortium. required in Table 3 of The projects must have been delivered Annex 5; and during the last ten (10) years. • Certificate from the financing institutions for each project.
Page 13 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
Financial Criterion 2 – The Applicant (or if the Applicant is a DQC2 Financial Criterion Equity Financing Consortium, at least one of its 2: List of Project Consortium Members) must be able to The Applicant shall provide provide evidence of participating in evidence of at least two (2) the equity portion (structured through projects to demonstrate it equity of the financing of projects, satisfies the criteria. The following must be provided with an equity value of at least EGP by the Applicant for each 50 million (50,000,000) or equivalent. project: The projects must have been delivered • Responses to information during the last ten (10) years. required in Table 4 of Annex 5; and • Financial report issued by the financial manager and approved by the external auditor confirming the financing of the submitted projects by capital raising or retained earnings.
**The Applicant (or if the Applicant is a Consortium, at least one of its Consortium Members) may provide evidence of fulfilling his ability of the financing only through equity, and in this case the previous amount in (Financial Criterion 2 – Equity Financing) will be doubled and therefore (Financial Criterion 1 – Debt Financing) will be waived.
The Applicant shall have an average DQC3 Financial Criterion annual turnover greater than EGP 200 3: Audited Financial million (200,000,000) or equivalent in Statements the last three (3) years. If the - The Applicant, or if Applicant is a Consortium, the average the Applicant is a annual turnover will be calculated as Consortium, each weighted average of the Consortium Consortium Member Financial Criterion 3- Members’ annual turnover in the last shall provide audited Turnover (annual three (3) years (based on their financial statements, average of current proportion in the Consortium). revenues) duly certified by a legal accounting office, for the last three (3) integral financial years, including the consolidated balance sheet, income
Page 14 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
statement, statement of cash flows
And
- the accompanying notes and complete all the financial requirements contained in figure 4 in Annex 7.
QC: Legal Criterion The Applicant, or if the Applicant is a DQC Legal Criterion: (Affidavit) Consortium, each Consortium Affidavit Member shall not: The Affidavit shall be • Be subject to any bankruptcy or signed and submitted by liquidation proceedings inside or each Consortium Member outside Egypt. and the signature shall be • Have been convicted of fraud, authenticated as bearing true corruption, collusion or money signature by bank as per laundering. Annex 6.
Page 15 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
2.3.1 Parent Company The Applicant, or Consortium Member(s) in the case of a Consortium, may elect to present evidence of projects undertaken by a “Parent Company” to fulfil the Technical Criteria, when it can demonstrate to the Prequalification Committee that the relevant skills and resources of the Parent Company will be available to the Applicant or Consortium Member in accordance with paragraph 2.3.2.
The Applicant, or each Consortium Member, may elect to present financial statements from a Parent Company to fulfil the Financial Criteria in accordance with paragraph 2.3.3.
Therefore, if an Applicant is qualified based upon the technical and/or financial qualifications of the Parent Company, such Parent Company shall be required to provide a letter of support for the bid process and the PPP Contract substantially in the form of Annex 8 and that will also be considered part of its offer and the PPP Contract.
2.3.2 Technical Criteria – evidence to be provided For the technical criteria, evidence of reference projects will be accepted from: • The Applicant (including each/any Consortium Member if the Applicant is a Consortium as the case may be in each criteria) itself; and/or • Any parent, subsidiary or affiliate over which the Applicant can demonstrate that it can utilize their relevant attributes, skills, resources or experience. In such case the relationship with such named company must be evidenced, and that will also be considered part of its offer and the PPP Contract.
2.3.334B Financial Criteria – evidence to be provided
Where the information provided by Applicant in response to the Financial Criteria 1 to 3 raises material concerns, the Prequalification Committee reserves the right to request further information from the Applicant. Where this information is not forthcoming or does not satisfy the material concerns of the Prequalification Committee, the Prequalification Committee reserves the right to consider the Applicant non-responsive to the financial criteria.
The Prequalification Committee reserves the right to: Where the balance sheet of the most recent set of accounts submitted in accordance with Annex 7 is more than ten (10) months old (at the date of submission of the Prequalification Application), require the provision of the Chairman’s half yearly statement (if available) and/or a statement signed by an executive director responsible for financial matters within the Applicant setting out any significant changes in the current financial position of the Applicant (or where the Applicant is a Consortium, each Consortium Member, or if evidence is based on projects undertaken by a Parent Company then that Parent Company) from the latest available balance sheet. Specifically, such a statement should:
• Confirm that the Applicant is meeting its financial covenants contained within any credit/loan agreements and is working within the credit facilities made available to the Applicant at the time of submitting the Prequalification Application; and
• Confirm whether, since the time of filing the most recent audited accounts, there have been any
Page 16 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
material changes in the gearing ratios (+/- 10%) and if so provide details of current interest cover (profit before interest and tax divided by interest payable and similar charges) and financial gearing ratio (debt divided by debt plus equity); and
• Confirm whether, since the time of filing the most recent audited accounts, there have been any material changes in profitability ratios (+/- 10%) and if so provide details of current net profit margin (profit on ordinary activities before tax divided by turnover).
2.3.4 General Remarks A single reference project may be used more than once to fulfil the minimum requirements set out in technical criterion 1,2 and Financial criterion 1 to 2 provided the Applicant clearly demonstrates its relevance to the specific criterion.
In case of the inclusion of reference projects executed by a group of entities, the Applicant’s or Consortium Member’s (if the Applicant is a Consortium) share in the scope, activities and contract value must be indicated and only this share will be taken into account in the assessment.
For each reference project provided by the Applicant demonstrating its experience to fulfil the minimum requirements in the Prequalification Criteria, a required document which prove the mentioned criteria must be included as part of the Prequalification Application, certifying that the data provided in Annex 5 is correct.
Page 17 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
2.4 Part II – Prequalification Application form and other documents
In Part II of the Prequalification Application, each Applicant shall provide the following:
• A Prequalification Application signed by the Applicant (or if the Applicant is a Consortium, the Lead Member) in the form of Annex 2;
• The following legal documents and basic information:
– Basic information on the Applicant (or each Consortium Member in case the Applicant is a
Consortium), as detailed in Annex 4, including upU to date details of the ownership structure of the Applicant (or each Consortium Member in case the Applicant is a Consortium) as evidenced by
an extract from the entity's shareholders register U(or equivalent corporate information) (e.g. recent listing from a stock exchange) listing any shareholders owning 10% or more of the shares and their respective shareholdings (or equivalent corporate information); and – Up-to-date company charter, articles of association or incorporation and/or by-laws of the Applicant (or, if the Applicant is a Consortium, such information as to each Consortium Member); and – A valid updated extract of the commercial registry or equivalent documents with respect to the Applicant (or, if the Applicant is a Consortium); and
– AnU Affidavit, should be submitted and signed from the Applicant or each Consortium Member
sperately in case the Applicant is a Consortium in the form of Annex 6,U confirming that the Applicant or each Consortium Member (in the event that the Applicant is a Consortium): (a) is not in bankruptcy, insolvency or liquidation proceedings; and (b) has not been convicted of, any public property crimes, fraud, corruption, collusion, terrorist, tax evasion or money laundering crimes and is not aware of any pending prosecution, proceedings or legal action against it in such respect.
Page 18 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
2.5 Part III – Consortia documents and requirements
If the Applicant is a Consortium, there must be a Lead Member from its members who is duly authorized (through a power of attorney signed in front of a notary, as described in Section 2.6) by all other Consortium Members to act on their behalf.
An Applicant wishing to qualify as Consortium shall submit, as Part III of the Prequalification Application, a written commitment, in the form of a letter duly executed by the legal representative of each Consortium Member, which:
• ConfirmsU each Consortium Member’s commitment (in terms of proposed percentage in the Consortium) to the Consortium; and
• UIdentifies the Consortium Member that will assume the role of Lead Member on behalf of the other Consortium Members, with the authority to commit all Consortium Members.
• UIdentifies the Consortium Member/s that will assume the role of the Operator.
2.6 Part IV - Power of Attorney
Each Applicant (or if the Applicant is a Consortium, each Consortium Member) shall provide, as Part IV of the Prequalification Application, a written authenticated Power of Attorney in the form attached hereto as Annex 3, and this Annex comprises the required authorizations in the following manner: i. If the Applicant is a Consortium: Each Member in the Consortium shall authorize the Lead Member in signing the Prequalification
Documents by PowerU of Attorney,U substantially in the form attached and as required under applicable law. ii. If the Applicant is a company: The Prequalification Documents shall comprise a recent extract of the commercial register showing the person having the right to sign on behalf of the company. The Prequalification Documents shall be signed by that person (or by others authorized by him). Authorizations thereof – duly authenticated as bearing true signatures – shall be attached to the Prequalification Documents.
Page 19 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
2.7 Part V - Pre-printed Literature
If the Applicant wishes to provide pre-printed literature about its activities or the Consortium Members activities, that pre-printed literature shall be contained in Part V of the Prequalification Application only and shall be separately bound.
2.8 Clarifications
Any request for clarification of the Prequalification Document must be received by email at: [email protected] before 3:00 p.m. (Cairo time) on 26/5/2019. Electronic copies of the response, including an explanation of the query, will be sent to all Applicants.
2.9 Timetable
The Estimated Timetable “Estimated Timetable” is as follows:
(a) Figure 2: Estimated TimetableP Activity Target date
Issuance of Prequalification Document 8/5 / 2019
Deadline for submission of requests for clarifications by Applicants 26/5 / 2019 Response to requests for Applicants clarifications 18/6/ 2019
Public session with interested Applicants to respond to clarifications 23/6/ 2019
Deadline for Prequalification Application submission 4/7/ 2019
Note: (a) The Estimated Timetable is presented for indicative purposes only
The Tendering Authority reserves the right, after the prior approval of the PPPCU of the MOF may, at their sole discretion and without prior notice to the Applicants, amend the Estimated Timetable. Applicants shall not rely in any way whatsoever on the Estimated Timetable and neither the ASU, MOHESR, PPPCU, MOF nor their advisers shall incur any liability whatsoever arising out of amendments to the Estimated Timetable. The MOHESR, its representative ASU after the approval of the PPPCU shall give notice of changes to the Timetable to all Applicants.
Page 20 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
2.10 Format and signing of Prequalification Application
• Each Applicant shall prepare and submit one (1) original of its relevant Prequalification Application and the number of copies specified in the Data Sheet, clearly marking each one as "Original," "Copy" as appropriate. In the event of any discrepancy between the copies and the original, the original shall prevail. • The original and all copies of the Prequalification Application, each consisting of the documents listed in Section 2.2, shall be typed and printed on the Applicants papers. The person or persons duly authorized to bind the Applicants shall sign the Prequalification Application by: – signing the original of the relevant Prequalification Application; and
– initiallingU all the pages of the original of the relevant Prequalification Application,U except for unamended printed literature. • The relevant Prequalification Application shall contain no alterations, or additions, unless such corrections are signed by the person or persons signing the Prequalification Application.
• The Applicant shall be obliged by the form and the tabulation of the Prequalification Application and the forms requested in the Annexes, according to what is mentioned in this Prequalification Document.
Page 21 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
3 2 PREQUALIFICATIONB APPLICATION FORM: SUBMISSION
3.128B Sealing and marking of Prequalification Applications
The Applicant shall seal the original Prequalification Application and each copy in separate envelopes, each containing the documents specified in Section 2.2, and shall mark the envelopes as "Prequalification Application - Original" and "Prequalification Application - Copy" (all duly marked as required herein). The envelopes shall be sealed in an outer envelope. The inner and outer envelopes shall: • Be addressed to Ain Shams University; and • Bear the words “New Building for Faculty of Commerce Ain Shams University in El-Obour City”: PREQUALIFICATION APPLICATION”.
EachU inner envelope U shall indicate the name and address of the Applicant.
If the outer envelope is not sealed and marked as required by this Section 3.1, the Prequalification Committee will bear no responsibility for any Prequalification Application's misplacement or premature opening.
3.2 Deadline for submission Prequalification Applications
Prequalification Applications must be received at the address specified in the Data Sheet no later than the time and date stated in the Data Sheet as the ‘Prequalification Application submission deadline’ or as may be ammended, and in accordance with the number of copies specified in the Data Sheet (Annex 1) ‘Number of copies of Prequalification Application’.
Page 22 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
4 PREQUALIFICATION3B APPLICATION: OPENING AND EVALUATION
4.130B Preliminary examination of Prequalification Applications
The Prequalification Committee will examine each Prequalification Application to determine whether it is complete, whether the documents have been properly signed, and whether it is generally in compliance with the requirements of the Prequalification Document. The Prequalification Committee reserves the right to reject any Prequalification Application found to be non-compliant and such Prequalification Application shall not be included for further consideration.
The Prequalification Committee may request if necessary, supplementary information or documentation from the Applicant (including each Consortium Member) for determining its eligibility for prequalification. Whenever such a request is made, the Applicant shall provide the same by such date as may be specified by the Prequalification Committee.
In considering the appropriateness of requesting supplementary information, the Prequalification Committee will follow the principles of non-discrimination, transparency and equal treatment. Requests for supplementary information or documentation will only be used to resolve ambiguities and to rectify obvious errors / clearly accidental omissions on the part of the Applicant. The Prequalification Committee will not give the Applicant an opportunity to improve a non-compliant submission. Applicants should be aware that the Prequalification Committee is under no obligation to seek clarification and it is the responsibility of the Applicant to ensure that its responses are unambiguous and complete and to seek clarification if necessary of the Prequalification Committee requirements.
4.231B Evaluation of the Prequalification Application
The Prequalification Committee will carry out a detailed evaluation of the Prequalification Applications in order to determine whether they are substantially responsive to the Prequalification Criteria. In order to reach such a determination, the Prequalification Committee will examine the information supplied by the Applicants, pursuant to Section 2.3 to 2.7, and other requirements, taking into account the following factor:
Prequalification Criteria specified in Section 2.3 Part I is based on "pass"/"fail" for each such criteria.
• An Applicant whose Prequalification Application is determined by the Prequalification Committee to be substantially responsive and as meeting the Prequalification Criteria specified in Section 2.3 Part I and the other requirements in Section 2 shall be designated to be a "Qualified Applicant".
• An Applicant whose Prequalification Application is determined by the Prequalification Committee to be substantially non-responsive or as not meeting one or more of the Prequalification Criteria specified in Section 2.3 Part I and/or the other requirements in Section 2 shall be designated to be a "Non-Qualified Applicant".
Page 23 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
5 INVITATION TO PARTICIPATE IN THE TENDERING PROCESS
At the end of the Prequalification Applications evaluation, the Prequalification Committee will either:
• Notify an Applicant that it has been designated a Non-Qualified Applicant as its Prequalification Application has been rejected on the grounds of being substantially non- responsive, and/or that it does not meet one or more of the Prequalification Criteria or other requirements set forth in Section 2; or • Notify an Applicant that it has been designated as being a Qualified Applicant and will be sent an invitation to participate in the tendering process.
If the Qualified Applicant is a Consortium, it shall not change the structure of the Consortium without the prior written consent of the MOHESR (represented by ASU) after the coordination with the PPPCU, which shall be conditional on the prior approval of the Prequalification Committee.
The specific details of the tendering process, including the deadline and content for submission of bids, will be specified in the Tender Documents to be issued by the Tendering Authority to the Qualified Applicants.
Partnering between Qualified Applicant:
Any Qualified Applicant shall be precluded from partnering (directly or indirectly) with another Qualified Applicant without the express written approval of ASU or its representative after the coordination with the PPPCU, which shall be conditional on the prior approval of the Prequalification Committee. If the Qualified Applicant is a Consortium, the above applies to all Consortium Members.
Partnering between Qualified Applicant and Non-Qualified Applicant:
A Non-Qualified Applicant shall be entitled to partner with a Qualified Applicant, provided that: (a) the said Non-Qualified Applicant shall not be the Lead Member of the Consortium; (b) the Consortium, including the Non-Qualified Applicant, continues to fulfil all Prequalification Criteria in Section 2.3; and (c) the express prior written approval is obtained of MOHESR represented by ASU after the coordination with the PPPCU, which shall be conditional on the prior approval of the Prequalification Committee.
Page 24 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
Annex 1: Data sheet The following specific data for the Project to be procured shall supplement the provisions in the Prequalification Document.
Figure 3: Specific data to be procured New Building for Faculty of Commerce Ain Shams Project name University in El-Obour City
Name of Tendering Authority Ain Shams University
Ain Shams University Address for submission of El Khalifa El Mamoon st., El Abassaya, Cairo, Egypt. Prequalification Applications Attn: Prof. Dr. Abdul Wahab Ezzat Office of the President of Ain Shams University Email for clarification submission of the [email protected] Prequalification Document Deadline for submission of requests for clarification 26/ 5/ 2019 submission Public session with interested Applicants to respond to 23 / 6/ 2019 clarifications
Deadline for Prequalification 4 /7 /2019 Application submission 3:00pm Cairo time Language of Prequalification English or Arabic Application Number of copies of One (1) original and three (3) copies plus a PDF format Prequalification Application copy on a CD or USB.
Page 25 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
Annex 2: Prequalification Application Form
New Building for Faculty of Commerce Ain Shams University in El-Obour City Attn: Prof. Dr. Abdul Wahab Ezzat President of Ain Shams University El Khalifa El Mamoon st., El Abassaya, Cairo, Egypt.
Re: Design, Finance, Build, Equip, Maintain and Provide some non-educational services of the New Building for Faculty of Commerce Ain Shams University in El-Obour City through Public Private Partnership (the “Project")
Pursuant to the Prequalification Document 8/5/2019, [Insert Name of Applicant or Consortium Members] hereby submits its Prequalification Application in conformity with the Prequalification Document and requests to be considered for prequalification.
[Name of Applicant/Consortium Lead Member] hereby confirms that it:
(a) agrees to comply with the all the bidding rules, laws and regulations governing the tender as issued by the relevant authorities from time to time in the event that it is a Qualified Applicant;
(b) accepts the right of the Prequalification Committee to: (i) request additional information reasonably required to assess the Prequalification Application; (ii) amend the procedures and rules or make clarifications thereof; and (iii) extend or amend the Timetable of the pre-qualification and the tender.
(c) accepts the exclusive application of Egyptian law with respect to these prequalification procedures and the bidding process.
(d) not to change the structure of the Consortium without a prior written consent of MOHESR represented by ASU, after the coordination with the PPPCU, which shall be conditional on the approval of the Prequalification Committee.
[Name of Applicant/Consortium Lead Member] hereby represents and warrants that as of the date of this letter:
Page 26 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
(a) all of the information submitted in this Prequalification Application, including the enclosed forms and documents, is accurate in all respects; and the submission of the application for prequalification does not give to [Name of Applicant], including any of our Consortium Members [Name of Consortium Members] and affiliates and preference, priority or precedence when competing on the award of the Project;
(b) [Name of Applicant], including any of our Consortium Members [Name of Consortium Members] and affiliates, have not been subject to any voluntary or involuntary bankruptcy or insolvency or similar proceeding during the last five (5) years including all members of the consortium and subsidiaries;
(c) [Name of Applicant], including any of our Consortium Members [Name of Consortium Members] and affiliates, have paid all taxes due, except those which are being contested in good faith by appropriate proceedings and for which adequate reserves have been established;
(d) [Name of Applicant], including any of our [Consortium Members] and affiliates, have not colluded or shared information with any other Applicant, including but not limited to (i) communicating to any other Applicant any financial, technical or commercial information submitted within its Prequalification Application, (ii) entering into any agreement that they shall refrain from tendering, or (iii) offering or agreeing to pay or give or actually pay or give any sum of money, inducement or valuable consideration to any other Applicant for any act or omission in relation to any other Prequalification Application;
(IfU the Applicant is a Consortium, the following information in clauses (e, f,) should be filled in)
(e) [Applicant, if the Applicant is a Consortium] confirms that the proposed consortium structure is as follows:
Consortium Members Shareholding 1- 2- 3- etc., 100%
(f) [Applicant] hereby identifies the Consortium Member/s that will assume the role of the Operator; which is: ……………………………
Page 27 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
Attached herewith to this application for prequalification are the following documents, as appropriate: • Power of Attorney (Annex 3); • Basic Information Form (Annex 4); • List of Projects (Annex 5); • Affidavit (Annex 6); • Audited Financial Statements (Annex 7); • Form of Letter of Support from a Parent Company (Annex 8); and • Other documents required in Section 2 of the Prequalification Document.
[Name of Applicant] hereby designates ______U U as a representative to receive notices in respect of the prequalification and the tender at the following address, email address, telephone and facsimile numbers:
[Insert Representative’s address, email address, telephone and facsimile numbers.]
Dated this day of , 2019.
[signature]
In the capacity of [position]
Authorized to sign this Prequalification Application of [name of Applicant]
Page 28 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
Annex 3: Power of Attorney
This Annex comprises the required authorizations in the following manner: i. If the Applicant is a Consortium: Each member in the Consortium shall authorize the Lead Member in signing the Prequalification Documents by Power of Attorney, substantially in the form attached and as required under applicable law.
ii. If the Applicant is a company: The Prequalification Documents shall comprise a recent extract of the commercial register showing the person having the right to sign on behalf of the company. The Prequalification Documents shall be signed by that person (or by others authorized by him). Authorizations thereof – duly authenticated as bearing true signatures – shall be attached to the Prequalification Documents.
Page 29 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
PowerU of Attorney
TheU Power of Attorney must be executed substantially in the form below, save as required by applicable law in the jurisdiction of execution.
On this day of
Before me
The Notary in this office
The undersigned
Mr./Ms. ______
In his capacity as ______
Nationality
Holder of Passport or ID no. ______
Issued from ______
Dated ______
Residing at ______
Hereby appoints Mr/Ms..______in his capacity as ______, to: send correspondences, and sign on my/ our behalf in delivering and receiving all documents related to this Prequalification Document and all tendering procedures, and submit it to the competent authorities or the Project’s concerned party,
Sign on my/our behalf in delivering and receiving all papers and documents and all Prequalification Applicant Documents related to the “New Building for Faculty of Commerce Ain Shams University in El-Obour City”. Do all essential or inessential procedures in respect of the matters set out herein including to do, execute and perform any other deed or act ought to be done executed or performed to perfect or otherwise give effect to the Prequalification Document; and
Page 30 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
In general, it has the right to sign, accept and reject the prequalification and tender procedures for the Project to be undertaken on behalf of the principal and contracting in my name with Ain Shams University on the intended PPP Contract to be concluded.
And is hereby authorized to appoint others for all or part of the powers delegated by the present Power of Attorney.
Therefore, this Power of Attorney has been written by the Principal to the Deputy, and the delivering and receiving of all documents related to “Design, Finance, Build, Equip, Maintain and Provide some non-educational services of the New Building for Faculty of Commerce Ain Shams University in El-Obour City shall be made in the Ain Shams University.
This Attorney has been written in the above-mentioned date,
And this Attorney is on my/ our behalf to act accordingly.
Principal in his capacity as:______
Notary:______
Page 31 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
Annex 4: Basic Information Form
Applicant information
Name:______Type: (Corporation, Partnership, etc.):______Commercial Registration No.:______Domicile:______Address of principal office:______Telephone number:______Fax number:______E-mail address:______Primary areas of business:______Ownership structure ______(attach separately)
Consortium Members Information: (fill in details for all Consortium
Members, identifyingU the Lead Member and the Operator/s and each Consortium
Member’s ownership structure)U
Name:______Type: (Corporation, Partnership, etc.):______Commercial Registration No.:______Domicile:______Address of principal office:______Telephone number:______Fax number:______E-mail address:______Primary areas of business:______Ownership structure (attach separately)
Ownership36B structure of the Applicant Shareholders (10% or more) Shareholding (%) 1- 2- 3- 4- . .
100%
Page 32 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
Annex 5: List of Projects: Technical Criteria QC1, 2 and Financial Criteria from QC1 to QC3
The Applicant or at least one Consortium Member should provide sufficient detail on its experience as required in Section 2.3.
All financial submissions should be in EGP or USD or Euros, and Applicants should state the exchange rate, date of exchange when converting from another currency to the above currencies. Accompanied with this Annex 5, for each reference project, a required document which prove the mentioned criteria must be included which confirms the data in the applicable Tables below are correct and the project was properly executed, on schedule.
Table 1: Experience in Design, Construction, equip, Maintain of educational or administrative buildings (DQC1 Technical Criteria 1)
Project Name Project (1) Project (2) Project (3) Project (4) Project (5)
Country
Project Description
Overall investment value (EGP)
Company’s investment
Company’s role Design or construct or equip or mainain Date Signed
Date Completed
Current Status
Client Contact Information
Page 33 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
Table 2: Experience in providing cleaning and security services for educational or administrative buildings (DQC2 Technical Criteria 2)
Project Name Project (1) Project (2) Project (3) Project (4) Project (5)
Country
Project Description
Overall value for cleaning services contracts (EGP)
Overall value for security services contracts(EGP)
Company’s role
Date Signed
Date Completed
Current Status
Client Contact Information
Table 3: Evidence on debt financing – financial criteria (DQC1 financial criteria 1)
Project Name Project (1) Project (2) Project (3) …………… ……………….
Country
Project Description
Overall investment value (EGP) Company’s investment
Amount of debt raised Date Signed
Client Contact Information
Page 34 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
Table 4: Evidence on equity financing- financial criteria (DQC2 financial criteria 2)
Project Name Project (1) Project (2) Project (3) …………… ……………….
Country
Project Description
Overall investment value (EGP)
Company’s investment
Amount of equity raised
Date Signed
Client Contact Information
Page 35 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
Annex 6: Affidavit (Legal Criterion)
Affidavit
On this day of
The undersigned
Mr/Ms.. ______who has signature authority, as (mentioned in the commercial register or the Company's Prospectus) ______
Holder of Passport or ID no. ______
[Name of Applicant] hereby represents and warrants that the Company or the Consortium, as of the date of this letter [Name of Applicant]:
• is not in bankruptcy, insolvency or liquidation proceedings inside or outside Egypt; • has not been convicted of, any public property crimes, corruption, terrorist, tax evasion or money laundering crimes and is not aware of any pending prosecution, proceedings or legal action against it in such respect inside or outside Egypt; regarding the Design, Finance, Build, Equip, Maintain and Provide some non-educational services of the New Building for Faculty of Commerce Ain Shams University in El-Obour City
This is an acknowledgement / a declaration on my part.
Affiant’s signature Bank stamping for signature verification
Authorized signature
Name and title signatory
Name of Firm
Address
Note: this Affidavit shall be filled in by the person who has the signature authority as it mentioned in the commercial register or the company's prospectus if the Applicant is a company, and from each Member of the Consortium if the Applicant is a Consortium.
Page 36 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
Annex10B 7: Audited Financial Statements
Balance38B sheet the past three full financial years
This Annex 7 outlines the Applicant’s, each Consortium Member’s (where the Applicant is a Consortium) and each Parent Company’s (if parent company support is to be provided in accordance with Section 2.3) revenues and balance sheet for the three most recent years for audited accounts, in order to fulfill Finacial Criteria QC3. The Applicant, Consortium or Parent Company must provide, in addition, audited financial statements for the three (3) most recent financial years as explained in DQC3 financial criteria3. Figure 4: Revenues and balance sheet
Currency / units Year 1 Year 2 Year 3 Revenues Assets Current assets Cash & equivalents Accounts receivable Inventory Other current assets Total current assets Fixed assets Gross fixed assets (-) Depreciation Other fixed assets Total fixed assets Total assets Liabilities & owners’ equity Current liabilities Accounts payable Short-term debt Other current liabilities Total current liabilities
Long-term liabilities
Page 37 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
Currency / units Year 1 Year 2 Year 3 Long-term debt Other long-term debt Total long-term liabilities
Total liabilities Shareholders’ equity Owner’s equity Retained earnings Total Owner’s equity Total liabilities & Owner’s equity
When submitting financial statements in foreign languages other than English language, Applicants are required to translate the accounts into Arabic or English and convert to EGP or USD or EURO. The balance sheet will be converted into the previously mentioned currencies using an exchange rate as of one (1) month before the submission of the Prequalification Application, and the profit and loss statement will be converted into EGP or USD or EURO using the average annual exchange rate for the financial year presented.
Please provide details of any significant financial or business factors (past, present or future) that you are aware of that may have an impact on the Applicant (e.g. mergers, take-overs, rationalization, change of ownership) not taken account of within the financial data submitted. This information should be submitted for the Applicant, each Consortium Member (where the Applicant is a Consortium) and Parent Company where a Parent Company support is to be provided.
Page 38 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
Annex 8: Form of Letter of Support from Parent Company (if required)
New Building for Faculty of Commerce Ain Shams University in El-Obour City Project
Dated: ---/---/
Attn: Attn: Prof. Dr. Abdul Wahab Ezzat Ain Shams University
El Khalifa El Mamoon st., El Abassaya, Cairo Governrate, Egypt, Office of the President of Ain Shams University Cairo Governrate, Egypt.
Re: Design, Finance, Build, Equip, Maintain the New Building for Faculty of Commerce Ain Shams University in El-Obour City (the “Project")
We refer to the prequalification document issued by the The Ministry of Higher Education and Scientific Research represented by Ain Shams University,
with the technical assistance of the PPP Central Unit of the Ministry of Finance of the Arab Republic of Egypt, 8/ 5 / 2019 for the execution and completion of a Public-Private Partnership contract (“PPP Contract”) tender involving the Design, Finance, Build, Equip, Maintain and Provide some non-educational services of the New Building for Faculty of Commerce Ain Shams University in El-Obour City.
According to paragraph 2.3 of the Prequalification Document, the Applicant, or Consortium Member if the Applicant is a Consortium, may elect to present (a) evidence of projects undertaken by a Parent Company to satisfy the technical and financial criteria; and/or (b) financial statements from a Parent Company.
"Parent Company" shall mean any entity controlling the Applicant (or the relevant Consortium Member), where the skills and financial resources of the Parent Company will be available to the Applicant or Consortium Member and "control" means control in any manner that results in control in fact, whether directly through the ownership of investment shares or indirectly through a trust, a contract, the ownership of investment shares of any other body corporate or otherwise.
In consideration of the above, we hereby confirm and undertake that:
• We are the Parent Company of [name of subsidiary], acknowledge that all the documents attributed to our company provided by the Applicant/Consortium Member is correct and
Page 39 of 40
Arab Republic of Egypt Public Private Partnership Program New Building for Faculty of Commerce Ain Shams University in El-Obour City Prequalification Document
valid.
• We are the Parent Company of [name of subsidiary], which is seeking to pre-qualify for the Project as [Applicant/Consortium Member];
• We will make available sufficient technical resources and skills to [name of subsidiary] to enable it to contribute the same to the Project Company and meet the full and due performance of all requirements specified in or in connection with the Prequalification Document, its Prequalification Application and the PPP Contract; and
• We will make available sufficient funds to [name of subsidiary] to enable it to meet its obligations as a shareholder of the Project Company (to be formed in relation to the PPP Contract) and exercise its right and perform its obligations in full as Applicant or Consortium Member of the Project in accordance with all requirements specified in or in connection with the Prequalification Document, its Prequalification Application and the PPP Contract.
We acknowledge that except where the context requires otherwise, capitalized terms used in this letter shall have the meaning ascribed in the Prequalification Document.
We accept the exclusive application of Egyptian law with respect to this letter
Yours faithfully
[Name of Parent Company]
By: ______
Name: ______
Title: ______(Authorized signatory)
Page 40 of 40