OPEN PROCEDURE WITH NOTIFICATION No 2020/S 045-107466, PUBLISHED IN THE “OFFICIAL JOURNAL” OF THE EUROPEAN UNION,
FOR DESIGNATION OF A CONCESSIONAIRE AND AWARDING A WORKS CONCESSION FOR “CIVIL AIRPORT FOR PUBLIC USE PLOVDIV“ – PUBLIC STATE PROPERTY
TENDER DOCUMENTS
SOFIA, February 28, 2020
as amended by a Notice of Amendment No. 2020/S 074-177384 from 15 April 2020, Notice of Amendment No. 2020/S 132-324956 from 10 July 2020 and Notice of Amendment No. 2020/S 200-486521 from 14 October 2020 CONTENTS
1. Introduction …………………………………………………………………………..4 1.1. General Description…………………………………………………………………...……...4 1.2. Estimated Value of the Concession…………………………………………...... 5
2. Description of the Concession Site and Concession subject……………………….6 2.1. Concession subject …………………………………………………………………...6 2.2. Concession Site. Concession territory………………………………………………8 3. Description of the construction works and services covered by the concession …………….…………………………………………………………………………………..19 3.1. Construction works…………...……………………………………………………..19 3.2. Services…………………...…………………………………………………………..20 4. Detailed description of the conditions for the implementation of the concession…24 4.1. Objectives of the concession…………………….…………………………………...24 4.2. Conditions for concession's implementation ………………………………………25 5. Minimum requirements to the offers……………. …………………..…………….29 5.1. Minimum technical and functional requirements ……….………………………..29 5.2. Minimum financial and economic requirements ……..…………………………...29 6. Conditions for the participation of the economic operators ……………….…….30 6.1. Economic operators and participants …………………………………………30 6.1.1 General rules…………………………………………………………………………30 6.1.2. Rules for a group of economic operators………..…………………………………30 6.1.3. Airport Operator…………………………………………………………………….31 6.2. Grounds for exclusion…….…………………………………………………………32 6.3. Conditions of participation related to the technical capabilities of the economic operators…………………………………………………………………….……………….33 6.3.1. Cumulative operating experience…………………………… ………………...33 6.4. Conditions for participation related to the financial and economic situation of the economic operators………………………………………………………………………….35 6.4.1. Registered Capital…...………………………………………………………………35 6.4.2. Book value and/or market value of tangible fixed assets ………………………...36 6.4.3. Fundraising experience………….…………………………………………………..37 6.5. Third party…………………………………………………………………………...37
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6.6. Subcontractor (s) …………………………………………………………………...38 7. Tender Documents ……………..……………………………………………………..39 7.1. Access to documentats through NCR and MTITC …………… ……………….39 7.2. Data room …………...………………………………………………………………39 7.3. Explanations ………………….……………………………………………………..41 7.4. Amendment of Tender Documents ……….…………………………………..41
7.5. Visits to the Concession Site …………………………………...... ………………....41 8. Instructions for preparation of an application and an offer for participation in the concession procedure……………………………………..…………………………………43 8.1. Content of the application and requirements for its preparation ………………...43 8.2. General requirements for the preparation of the offer……………………………44 8.3. Content and requirements to the Proposal of the offer ………..…………………44 8.4. Content and requirements to the binding proposal of the offer …………………47 8.5. Submission and receipt of applications and offers. Time limit for receipt ………..47 8.6. Exchange of information, notifications and communication ………………..……49 8.7. Costs of an economic operator/participant/concessionaire to prepare and/or participate in the procedure for designating a concessionaire or concluding a concession contract and fulfilling the conditions for the oncoming of the Concession Commencement Date ……...... …………………..……………………………………...... 50 9. Award criteria and methodology for the evaluation of offers …………………... 51 10. Bid Data Sheet……….. ………..……………………………………………………52 11. Documents certifying the absence of grounds for exclusion before signing the concession agreement ……………………………………….………………………………54 11.1. Certification of the absence of grounds for exclusion ……………………………..54 11.2. Designation of the ranked in second place participant as a concessionaire …...... 54 12. Revision clauses …………...…………………………………………………………55 13. Annexes……………………………….…………………………………………...…57
1. INTRODUCTION.
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1.1. General Description Plovdiv Civil Airport ("Plovdiv Airport") is the airport of the second-largest city in Bulgaria - Plovdiv, with a population of about 340,000 people. It is located about 10 km southeast of Plovdiv, near the village of Krumovo and the main road Plovdiv - Assenovgrad. Mavrudovo Railway Station is located 3 km from the airport terminal. the Plovdiv - Asenovgrad line. Plovdiv Airport is declared as an International Airport by Decision No. 390 of Council of Ministers on September 25, 1992. Detailed information about Plovdiv Airport is provided in these Tender Documents below and in the Annexes thereto. With a view to developing and upgrading the airport infrastructure, improving facilities and observing the international standards in terms of flight safety and aviation security, improving the efficiency and competitiveness of services, and improving the quality of passengers and aircraft servicing provided to Plovdiv Airport, in accordance with the National Strategy for the Development of the Transport System of the Republic of Bulgaria, an open tender procedure is prepared and announced on award a concession with Notification No 2020/S 045-107466, published on March 04, 2020, in the Official Journal of the European Union. The notification is also published in the National Concession Register on March 04, 2020. The procedure for designating a concessionaire and awarding a concession is an open procedure in accordance with Art. 53, para. 1 in connection with Art. 52, para. 1 of the Concessions Act (CA). According to Art. 85, item 1 of CA, an economic operator may submit an application and an offer not later than the deadline for this, subject to the requirements of the law and the conditions of the notification, the decision of the grantor and these Tender Documents. The Minister of Transport, Information Technology and Communications is the Grantor. The Grantor has appointed a commission to conduct the procedure for designating a concessionaire in accordance with the applicable provisions of the Concessions Act, through which communication will be conducted with economic operators and participants in the Tender procedure unless otherwise is explicitly provided. In addition to the data and documents contained in the Tender Documents and its Annexes, which are publicly disclosed and freely accessible, economic operators' access to other documents and documents containing sensitive information will be ensured through an organized physical data room at the Ministry of transport, information technology and communications, and the procedure of getting acquainted with them set out below in the Tender Documents is applicable to them. Each economic operator is responsible for conducting its own due diligence studies and revisions and the use of consultation, and assistance for the preparation and submission of an application and an offer, for participation in the Tender procedure, and for concluding and executing the concession contract in the case of its designation as a concessionaire, which it organizes and conducts all at its own discretion and at its own expense.
1.2. Estimated Value of the Concession According to Art. 27 - 29 of the Concessions Act and the Ordinance on the requirements
4 for determining the financial and economic elements of the concession, adopted by Decree No. 83 of the Council of Ministers in 2018 (promulgated, SG No. 44/2018) the estimated value of the concession, calculated using the discounted cash flow method on a discount rate of 4% in relation to the estimated total concession earnings that will be generated by the concessionaire over the entire duration of the concession (35 years) and including airport charges and any other earnings from other activities of the concessionaire authorized under the terms of the concession contract is equal to 100,646,260 EUR (196 846 974.70 BGN). The estimated value of the concession with all possible prolongations is equal to EUR 132 342 696 (BGN 258 839 815.12). The estimated value is calculated on the basis of an objective method in accordance with the above-mentioned regulation as follows: The estimated value of the concession for the construction works of the civil airport for public use Plovdiv is calculated as the total turnover of the concessionaire (excluding VAT) during the operation of the concession site, received as the sum of all earnings from the operation of the construction site and services, which are the subject of this procedure, taking into account the following basic assumptions: 1) Term of concession - 35 years; 2) The participant designated as a concessionaire will be entitled to collect all airport charges, earnings from commercial aviation activities that it performs, including ground service under Art. 48e, para. 3, points 2-7, as well as the earnings from conducting commercial activities at the concession site; 3) Making all compulsory investments of the investment program; 4) Estimated earnings for the term of the concession that the concessionaire will receive from regulated aviation activities, earnings from commercial aviation activities (ground servicing under Art. 48e, para 3, items 2-7), and from the performance of commercial non- aviation activities
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2. DESCRIPTION OF THE CONCESSION SITE AND CONCESSION SUBJECT
2.1. Concession subject
1. Concession type.
CA determines the types of concessions on the basis of two main criteria: (a) according to the subject matter: construction works concession, service concession and concession of use (Art. 6, para 2 of CA); and (b) according to the authority that awards them: state, municipal or joint (Art. 6, para. 3 and 4 of CA). 1) The construction works concession is defined as a “public-private partnership whereby a public authority awards to an economic operator the execution of construction works against which it grants the economic operator the right to exploit the construction site in assuming the operational risk” (Art. 7, para. 1 CA), according to Art. 7, para. 4 of CA, "the right of the economic operator to operate the construction site involves the receipt of earnings from the services provided through the construction works and/or from other economic activities with the construction". The terms "construction works" and "construction site" are defined in Art. 7, para. 2 and para. 3 of CA. A service concession is defined as a "public-private partnership whereby a public authority awards an economic operator with the provision and management of one or more services other than works, against which it gives the economic operator the right to receive earnings from the provision of those services in assuming the operational risk, hereinafter referred to as "operation of services" (Art. 8, para. 1 of CA). Art. 11 of CA makes a further distinction between the following two categories of concessions: concessions with a cross-border interest and concessions without cross-border interest. The concessions with cross-border interests include the construction works concessions and the service concessions whose value is greater than or equal to the BGN equivalent of the threshold determined by the European Commission regulation adopted on the basis of Art. 9 of the Concessions Directive. This threshold is currently EUR 5,350,0001. The following documents are published in the Official Journal of the European Union on October 31, 2019: The Commission's Delegated Regulation (EU) 2019/1827 from October 30, 2019, amending Directive 2014/23 / EU of the European Parliament and of the Council regarding the concession thresholds, and a Commission's Communication on the relevant threshold values referred to in Directives 2014/23 / EU, 2014/24 / EU, 2014/25 / EU and 2009/81 / EC of the European Parliament and of the Council (2019 / C 370/01 5 350 000), according to which the threshold as of January 1, 2020, is BGN 10 463 530 or EUR 5 350 000.
1 Established by the Commission Delegated Regulation (EU) 2015/2172 from November 24, 2015, amending Directive 2014/23 / EU of the European Parliament and of the Council regarding the applicable thresholds for procurement awarding procedures (OECD L 307/9, November 25, 2015).
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Every construction works concession or service concession which value is below the specified threshold, as well as every concession for use, are determined as concessions without cross-border interest (Art. 11, para. 2 of CA). Art. 20 of the Concessions Directive governs the so-called "mixed contracts" by laying down rules for determining the applicable provisions, mainly related to the determination of the principal subject of the contract or the estimated value. A slightly different approach is adopted in CA, as Art. 10 explicitly defines some possible mixed cases as one or the other type of concession: (a) when the subject of the award is a performance of construction works under Art. 7, para. 2, item 1 or 2, as well as a provision and management of services, the concession is defined as a construction works concession; (b) where the subject of the award is both the implementation of construction works and/or the provision and management of services and the provision of use of a public state or public municipal property, the concession shall be defined as: (1) a construction works concession, where the construction works are awarded under art. 7, para. 2, item 1 or 2; or (2) service concession - in the other cases.
This concession is determined as a state concession for construction works with cross- border interest because:
1.1. is awarded by the Minister of Transport, Information Technology and Communications - a state body, ( a central sole body of the executive power with special competence - Art. 25 of the Law on Administration);
1.2. In order to comply with Art. 10 para. 1 of CA, it will have to be awarded as construction works concession and will include execution of construction works under Art. 7, para. 2 of the Concessions Act and the provision and management of services - the services are defined in accordance with the Civil Aviation Act and its implementing acts - it is envisaged that the concessionaire will be entrusted with the functions of an airport administration, obtain a license for an airport operator, and for ground service operator for the activities under art. 48e, para. 3, items 2-7 of the Civil Aviation Act;
1.3. the value is greater than the BGN equivalent of the threshold determined by the European Commission regulation adopted on the basis of Art. 9 of the Concessions Directive. This threshold is currently EUR 5 350 000. The value of this concession is EUR 100 646 260.
2. Concession subject.
Pursuant to Art. 10, para. 1 of the Concessions Act, the Plovdiv Airport concession will be defined as construction works concession, the subject of which includes:
2.1. Performance of construction works under art. 7, para. 2 of Concessions Act,
2.2. Provision of services related to the operation of an airport in order to ensure its use by air carriers, in accordance with Art. 8, para. 1 and para. 2 of the Concessions Act in conjunction with item 4 of Annex No. 2 to the Concessions Act.
Due to the legal grounds, the Concessionaire will be awarded:
(a) execution of construction works and the related right to operate the construction site, in assuming the operational and construction risks, including the right to receive earnings from the services provided through the construction site and/or from other commercial activities with the construction site; and
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(b) the provision of services related to the management and operation of the Airport, together with the right to operate those services, including the right to receive the earnings from the performance of those services in assuming the operational risk.
2.2. Concession Site. Concession territory.
The subject of the concession is the civil airport for public use Plovdiv - public state property. The site of the concession includes a concession territory of 2 376 517 sq. m according to the areas of the land plots (LP), specified in the issued acts for public and state property, respectively 2 376 464 sq. m, according to LP, indicated in the issued plans and includes LP and buildings and fitments constructed thereon as follows: 2.2.1. Description of land plots and buildings - public state and private state property: The site of the concession includes land plots - property of the Bulgarian state, located in the territory of Municipality of Rodopi, Sadovo Municipality and Asenovgrad Municipality, referred to in Inquiry No. 1 to Annex No. 1, with identifiers under the cadastral map and cadastral registers of Plovdiv. and the town of Asenovgrad, and individualizing data as follows: 2.2.1.1. Land Plot (LP) with identifier No 87240.250.262, located on the land of Yagodovo village, East Baker, Rodopi municipality, Plovdiv district, with an area of 1 223 sq. m. acted by Public State Property Deed (PSPD) No 6834 from July 16, 2008, issued by the Regional Governor of the District of Plovdiv and according to Plan No 15-761072-August 20, 2019, issued by the Geodesy, Cartography and Cadastre Office- Plovdiv; 2.2.1.2. LP with identifier 40004.250.185, located in the land of Krumovo village, locality Kapsidata, Rodopi municipality, Plovdiv district, with an area under PSPD of 2 000 806 sq. m and area under plan of 2 000 756 sq. m, updated with PSPD No. 6835 dated July 16, 2008, issued by the Regional Governor of the District of Plovdiv and according to Plan No. 15- 761067-August 20, 2019, issued by the Geodesy, Cartography and Cadastre Office - Plovdiv, together with the constructed on it buildings as follows: 2.2.1.2.1. New passenger terminal building with cadastral register identifier 40004.250.185.26, massive, on one floor, built-up area (BA) 5170 sq. m (according to the technical passport BA is 5200 sq. m), built in 2009; the building is designated as Terminal 2 on the map LBPD AD2-19, AIP of the Republic of Bulgaria. PSPD is issued for the building with No. 92277 dated June 28, 2013; 2.2.1.2.2. Building with identifier 40004.250.185.27 - of the transport (BCP), semi- solid, on one floor, built-up area 32 sq. m., year of construction 2008. With PSPD No. 92277 dated June 28, 2013; 2.2.1.2.3. Building with identifier 40004.250.185.28 - of the transport (GRU), semi- solid, on one floor, built-up area of 143 sq. m, year of construction 2009. With PSPD No. 92277 dated June 28, 2013; 2.2.1.2.4. Building with identifier 40004.250.185.29 - of the transport (complex transformer post), semi-solid, on one floor, built-up area 41 sq. m, year of construction 2009. PSPD No. 92277 dated June 28, 2013. 2.2.1.3. LP with identifier 40004.250.184, located in the land of Krumovo village, Kapsidata place, Rodopi municipality, Plovdiv district, with area under PSPD 72 097 sq. m and under plan 72 095 sq. m PSPD No. 6836 of July 16, 2008, is issued by the Regional Governor of Plovdiv District and a Sketch No. 15-761065-August 20, 2019, is issued by the Geodesy, Cartography and Cadastre Office - Plovdiv. The following buildings have been built on Land Plot: 2.2.1.3.1. Building with identifier 40004.250.184.1, with designation -
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Agricultural building on one floor, with built up area 899 sq.m; 2.2.1.3.2. Building with identifier 40004.250.184.2, with designation - Agricultural building, with built up area 31 sq.m; 2.2.1.3.3. Building with identifier 40004.250.184.3, with designation: building for water supply and/or sewage, with built up area 81 sq.m; 2.2.1.3.4. Building with identifier 40004.250.184.4, with designation: building for public catering , with built up area 199 sq.m; 2.2.1.3.5. Building with identifier 40004.250.184.5, with designation: building with special purpose, with built up area 15 sq.m; 2.2.1.3.6. Building with identifier 40004.250.184.6, with designation: building of the transport, with built up area 191 sq.m; 2.2.1.3.7. Building with identifier 40004.250.184.7, with designation: other type building for habitation, with built up area 189 sq.m; 2.2.1.3.8. Building with identifier 40004.250.184.8, with designation: storage, with built up area 210 sq.m; 2.2.1.3.9. Building with identifier 40004.250.184.9, with designation: building for domestic services, with built up area 109 sq.m; 2.2.1.3.10. Building with identifier 40004.250.184.10, with designation Agricultural building, with built up area 189 sq.m; 2.2.1.3.11. Building with identifier 40004.250.184.11, with designation Agricultural building, with built up area 197 sq.m. 2.2.1.4. LP with number 000381 (identifier 36676.250.381), located on the land of Katunitsa village, Canton locality, Sadovo municipality, Plovdiv district, with area of 793 sq.m, with PSPD No. 6837 dated July 16, 2008. , issued by the Regional Governor of the District of Plovdiv and according to Sketch No K17225 /August 16, 2019, issued by the Agricultural Department - Sadovo Municipality; 2.2.1.5. LP with number 000382 (identifier 36676.250.382), located on the land of Katunitsa village, "Orehite" locality , Sadovo municipality, Plovdiv district, with area of 900 sq.m, with PSPD No. 6838 dated July 16, 2008, issued by the Regional Governor of Plovdiv District and according to Sketch No. K17224 / August 16, 2019., issued by the Agricultural Department - Sadovo Municipality; 2.2.1.6. LP with number 000391 (identifier 36676.250.391), located on the land of Katunitsa village, "Beyond the River"locality, Sadovo Municipality, Plovdiv District, with area of 627 sq.m, PSPD No. 6839 from July 16, 2008, issued by the Regional Governor of the District of Plovdiv and pursuant to Sketch No. K17222 / August 16, 2019, issued by the Agricultural Department - Sadovo Municipality; 2.2.1.7. LP with number 000395 (identifier 36676.250.395), located on the land of Katunitsa village, "Beyond the River"locality, Sadovo Municipality, Plovdiv District, with area of 6 415 sq.m, with PSPD No. 6840 from July 16, 2008, issued by the Regional Governor of the District of Plovdiv and pursuant to Sketch No. К17223/August 16, 2019, issued by the Agricultural Department - Sadovo Municipality; 2.2.1.8. LP with identifier 99088.1.132, located in Dolni Voden (section) quarter, "Chaykara" locality, Asenovgrad municipality, Plovdiv district, with an area of 89 481 sq.m, with PSPD No. 9165 from May 30, 2016, issued by the Regional Governor of the District of Plovdiv and according to Sketch No 15-761074-August 20, 2019, issued by the Geodesy, Cartography and Cadastre Office - Plovdiv; 2.2.1.9. LP with identifier 40004.250.7 (previous plan No. 000186), located in the land of Krumovo village, Kapsidata place, Rodopi municipality, Plovdiv district, with area 204 175 sq.m, with PSPD № 9168 from June 06, 2016, for the land and 14 buildings constructed thereon, issued by the Regional Governor of the District of Plovdiv and according to Sketch No
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15-761069-August 20, 2019, issued by the Geodesy, Cartography and Cadastre Office - Plovdiv, together with the buildings built on the property, as follows:; 2.2.1.9.1. Buildings built on LP with identifier 40004.250.7 ( previous plan No. 000186), enrolled in PSPD 9168 in 2016 (14 buildings out of 38 pieces) and indicated in Sketch No 15-761069-August 20, 2019, issued from the Geodesy, Cartography and Cadastre Office - Plovdiv: 2.2.1.9.1.1. Building 01 with identifier 40004.250.7.1 – Checkpoint and shop, with BA 79 sq.m, on one floor, solid, year of construction 1962; 2.2.1.9.1.2. Building 02 with identifier 40004.250.7.2 – special purpose building (headquarters) with BA 152 sq.m, on one floor, solid, year of construction 1962; 2.2.1.9.1.3. Building 03 with identifier 40004.250.7.3 – special purpose building (Checkpoint-2) with BA 28 sq.m, on one floor, solid, year of construction 1963; 2.2.1.9.1.4. Building 05 with identifier 40004.250.7.5 – special purpose building (kitchen and dining room) with BA 320 sq.m, on one floor, solid, year of construction 1963; 2.2.1.9.1.5. Building 06 with identifier 40004.250.7.6 – special purpose building (bedrooms) with BA 346 sq.m, on one floor, solid, year of construction 1962; 2.2.1.9.1.6. Building 07 with identifier 40004.250.7.7 – special purpose building (offices and cinema) with BA 261 sq.m, two floor, solid, year of construction 1971; 2.2.1.9.1.7. Building 08 with identifier 40004.250.7.8 – special purpose building (Bath-washing complex) with BA 170 sq.m, on one floor, solid, year of construction 1962; 2.2.1.9.1.8. Building 09 with identifier 40004.250.7.9 – special purpose building (visits room) with BA 70 sq.m, on one floor, solid, year of construction 1980; 2.2.1.9.1.9. Building 10 with identifier 40004.250.7.10 – special purpose building (storage) with BA 418 sq.m, on one floor, solid, year of construction 1974; 2.2.1.9.1.10. Building 19 with identifier 40004.250.7.19 – special purpose building (garages) with BA 1737 sq.m, on one floor, metal construction, year of construction 1976; 2.2.1.9.1.11. Building 20 with identifier 40004.250.7.20 – special purpose building (garages) with BA 417 sq.m, on one floor, metal construction, year of construction 1974; 2.2.1.9.1.12. Building 21 with identifier 40004.250.7.21 – special purpose building (garages) with BA 1321 sq.m, on one floor, metal construction, year of construction 1976; 2.2.1.9.1.13. Building 29 with identifier 40004.250.7.29– special purpose building (repair hall and offices) with BA 1647 sq.m, on one floor, solid construction, year of construction 1977; 2.2.1.9.1.14. Building 33 with identifier 40004.250.7.33 – special purpose building (repair hall) with BA 233 sq.m, on one floor, solid construction, year of construction 1978. 2.2.1.9.2. Private state property buildings, with State Property Deed No. 9222 from September 15, 2016, by the Plovdiv District Governor, constructed on LP with identifier 40004.250.7 (24 buildings out of 38 pieces), indicated in Sketch № 15-761069 -August 20, 2019, issued from the Office of Geodesy, Cartography and Cadastre - Plovdiv: 2.2.1.9.2.1. Building 04 with identifier 40004.250.7.4 – special purpose building (offices) with BA 422 sq.m, on one floor, solid construction, year of construction 1963; 2.2.1.9.2.2. Building 11 with identifier 40004.250.7.11 – special purpose building (carpentry) with BA 43 sq.m, on one floor, solid construction, year of construction 1969; 2.2.1.9.2.3. Building 12 with identifier 40004.250.7.12 – special purpose building (storage) with BA 293 sq.m, on one floor, solid construction, year of construction 1972; 2.2.1.9.2.4. Building 13 with identifier 40004.250.7.13 – special purpose building (storage) with BA 120 sq.m, on one floor, solid construction, year of construction 1972; 2.2.1.9.2.5. Building 14 with identifier 40004.250.7.14 – special purpose building (storage) with BA 43 sq.m, on one floor, solid construction, year of construction 1972; 2.2.1.9.2.6. Building 15 with identifier 40004.250.7.15 – special purpose building
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(storage) with BA 41 sq.m, on one floor, solid construction, year of construction 1974; 2.2.1.9.2.7. Building 16 with identifier 40004.250.7.16 – special purpose building (навес-горива) with BA 98 sq.m, on one floor, metal construction, year of construction 1978; 2.2.1.9.2.8. Building 17 with identifier 40004.250.7.17 – special purpose building (storage) with BA 39 sq.m, on one floor, solid construction, year of construction 1971; 2.2.1.9.2.9. Building 18 with identifier 40004.250.7.18 – special purpose building (storage -medical) with BA 38 sq.m, on one floor, solid construction, year of construction 1972; 2.2.1.9.2.10. Building 22 with identifier 40004.250.7.22 – special purpose building (garages) with BA 533 sq.m, on one floor, metal construction, year of construction 1979; 2.2.1.9.2.11. Building 23 with identifier 40004.250.7.23 – special purpose building (fuel lubricants storage) with BA 14 sq.m, on one floor, solid construction, year of construction 1984; 2.2.1.9.2.12. Building 24 with identifier 40004.250.7.24 – special purpose building (garage with a workshop) with BA 666 sq.m, on one floor, solid construction, year of construction 1977; 2.2.1.9.2.13. Building 25 with identifier 40004.250.7.25 – special purpose building (storage) with BA 61 sq.m, on one floor, solid construction, year of construction 1968; 2.2.1.9.2.14. Building 26 with identifier 40004.250.7.26 – special purpose building (Steam plant) with BA 181 sq.m, on one floor, solid construction, year of construction 1973; 2.2.1.9.2.15. Building 27 with identifier 40004.250.7.27 – special purpose building (storage) with BA 76 sq.m, on one floor, solid construction, year of construction 1980; 2.2.1.9.2.16. Building 28 with identifier 40004.250.7.28 – special purpose building (chemical laboratory) with BA 60 sq.m, on one floor, solid construction, year of construction 1975; 2.2.1.9.2.17. Building 30 with identifier 40004.250.7.30 – special purpose building (storage) with BA 35 sq.m, on one floor, solid construction, year of construction 1981; 2.2.1.9.2.18. Building 31 with identifier 40004.250.7.31 – special purpose building (storage) with BA 25 sq.m, on one floor, solid construction, year of construction 1981; 2.2.1.9.2.19. Building 32 with identifier 40004.250.7.32 – special purpose building (storage) със ЗП 37 sq.m, on one floor, solid construction, year of construction 1981; 2.2.1.9.2.20. Building 34 with identifier 40004.250.7.34 – special purpose building (storage) with BA 161 sq.m, on one floor, solid construction, year of construction 1978; 2.2.1.9.2.21. Building 35 with identifier 40004.250.7.35 – special purpose building (storage - unaccomplished) with BA 84 sq.m, on one floor, solid construction, year of construction 1986; 2.2.1.9.2.22. Building 36 with identifier 40004.250.7.36 – special purpose building (toilets) with BA 17 sq.m, on one floor, solid construction, year of construction 1963; 2.2.1.9.2.23. Building 37 with identifier 40004.250.7.37 – special purpose building (storage) with BA 25 sq.m, on one floor, solid construction, year of construction 1981; 2.2.1.9.2.24. Building 38 with identifier 40004.250.7.38 – special purpose building (power substation) with BA 9 sq.m, on one floor, solid construction, year of construction 1964. 2.2.1.9.3. For the buildings referred to in item 2.2.1.9.2, consent has been given for their removal in accordance with Decision No 687 from September 10, 2015, of the Council of Ministers. The buildings have not been removed and the Concessionaire may remove them in connection with the implementation of the concession, subject to the terms of the concession agreement and subject to the applicable legislation.
2.3. Facilities and equipment located on the concession territory and constituting an adjoining infrastructure specified in the Tender Documents; The facilities and equipment of the airport infrastructure included in the concession site are specified in Reference No. 3 to Annex No. 1.
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The following airport infrastructure is built on land plots from the concession territory and is included in the concession site: 2.3.1. Runway The airport operates a single runway (RWY) with dimensions: length - 2500 m and width - 45 m. RWY has two side safety strips/SSS/ 3.7 m wide each and two Runway End Safety Area (RESA) with a length of 60 m each. Light approaches in both directions of RWY use the ALPAATA system with the appropriate lengths: at RWY 12 it is 420 m long and at RWY 30 it is 900 m. There are no centerline lights installed in the landing area. A PAPI glide path visual indication system sloped at 3-degrees is installed at both RWY directions. There are end lights (red) installed at both thresholds and sidelights every 60m, (1900 m in white and 600m in yellow). 2.3.2. Taxyways – 6 pices: 2.3.2.1. TXWY „А” – 22,5 m, concrete overlay; 2.3.2.2. TXWY „B” – 22,3 m, concrete overlay; 2.3.2.3 TXWY „С” – 22,8 m, concrete overlay; 2.3.2.4. TXWY „D” – 22,4 m, concrete overlay; 2.3.2.5. TXWY „Е” – 23.0 m, concrete overlay; 2.3.2.6. TXWY “F” – 30.0 m, concrete overlay.
2.3.3. Platform Тhe "Platform " facility-property is situated in the concession territory and is permanently attached to the terrain, it is built in LP with identifier 4000.250.185. The concession site includes a part of the "Platform " facility ("new part"), with area of 47 420 sq.m, measuring 258/160 m, concrete overlay (described on the basis of forensic expertise as cement concrete, cement stabilizing base and anti-freezing layer in PMC Decision 482 from April 24, 2017), with 6 aprons with numbers: 10A, 10B, 11A, 11B, 12A and 12B, according to the platform marking announced in AIP of the Republic of Bulgaria, scheme LBPD AD2- 19 used by Plovdiv Airport. This part of the platform is repaired in 2009 on the basis of Permit for Construction works No 465 /October 23, 2008, issued to MTITC - DG CAA and a repair made with DG CAA funds, enlargement and reconstruction of a part of the existing platform, in relation to which there is a legal dispute. Note: The "Platform" facility consists of: 1. "old" part (not included in the concession site), covering airplanes aprons from No. 1 to No. 9 according to the platform marking announced in AIP of the Republic of Bulgaria, scheme LBPD AD2-19, with area of 61 752 sq. m (the exact area cannot be asserted since different documents indicate different areas, and some of the differences are significant - for example, in a court case there is a certain area of 61 762 sq. m, according to geodetic surveying from 2004 for the purposes of the notarial deed the area is 72 381 sq. m., according to a non- monetary contribution, approved by PMC meeting minutes on January 13, 1995, the area is 111 440 sq. m). The "old part" is built in 1982 by the Ministry of National Defense. This part is described as "construction of concrete, sand and coarse aggregate layers" in PMC Decision 482 of April 24, 2017. The same part is a non-monetary contribution made by "Plovdiv Airport" EOOD (this is the legal form before its conversion in EAD) in the capital of the newly established "Plovdiv Airport" AD. With Decision № 47 of 07.07.2020, the Supreme Court of Cassation upheld Decision № 169 of 16.10.2018, ruled on the case file № 373 on the inventory for 2018 of the Court of Appeal-Plovdiv, which rejected the negative declaratory claim for ownership of real estate filed by the state, represented by the Minister of Regional Development and Public Works against Plovdiv Airport AD, registered office in Plovdiv: a platform built in 1982 on state land,
12 representing land property with identifier № 40004.250.185 under the KKKR of the village of Krumovo with an area of 2000.805 decares, which platform has an area of 61 752 sq. M. The decision of the court is final.
2. "new" part (included in the concession's site) - with an area of 47 420 sq. m, dimensions 258/160 m, concrete overlay(described on the basis of forensic expertise such as cement concrete, cement stabilizing base and antifreeze layer in Decision of PMC 482 of April 24, 2017), with 6 aprons with numbers: 10A, 10B, 11A, 11B, 12A and 12B, according to the platform marking announced in AIP of the Republic of Bulgaria, scheme LBPD AD2-19. This part of the platform is repaired in 2009 on the basis of Permit for construction works No. 465 /October 23, 2008, issued to MTITC - DG CAA and a repair made with the funds of DG CAA, enlargement and reconstruction of a part of the existing platform. There is a legal dispute regarding the "new" part of the platform. The airport is currently using the "new" section of the platform with six new parking stands with numbers: 10A, 10B, 11A, 11B, 12A and 12B, according to the platform marking announced in AIP of the Republic of Bulgaria, scheme LBPD AD2-19.
2.3.4. Passenger terminal The passenger terminal for arrivals and departures on domestic and international flights is built in 2008, with identifier 40004.250.185.26, designated as Terminal 2 on scheme LBPD AD2-19, AIP of the Republic of Bulgaria. The building is presented in Reference No. 2 for the buildings which are public state property under No. 1.2.1. 2.3.5. Other service facilities: 2.3.5.1. road access to the terminal area of passenger terminal 2 with two lanes, 3.5 m wide each; 2.3.5.2. public parking and road connections in front of passenger terminal 2; 2.3.5.3. Apron lighting etc.
2.4. Accessories to the concession site: The object of concession includes the facilities of the adjoining technical infrastructure, namely: the elements of the technical infrastructure, which represent independent items located in the concession area, as well as those to the buildings included in the concession site, such as: 2.4.1.water supply and sewerage, including off-site drinking and anti-fire water piping, on- site drinking and anti-fire water piping, site sewerage, site rain sewerage; 2.4.2. Electrical power supply, including Main switchyard and a Complete transformer post, 20kV external cable power supply, low voltage cable routes, etc .; 2.4.3.The electronic communications, internal roads, electrical supply.
2.5. Inclusion of additional land plots, buildings and facilities in the Concession site 2.5.1. The Concession Site includes the buildings, facilities and equipment, which will be constructed and/or installed by the Concessionaire, at his own risk and with its means, in connection with the implementation of the Concession contract and under the conditions stipulated therein. 2.5.2. The Concession site may include additional public state property - land, buildings and facilities which are necessary for the expansion of the Concession site when provided for in accordance with an approved Master Plan for the development of the Airport and related to
13 the implementation of the Concessionaire's investment program under the terms and conditions provided in the Concession contract. 2.5.3. With an additional agreement to the concession contract, after the completion of the proceedings in case No. 398 on the Supreme Cassation Court 's 2019 year inventory, and if the court decision decrees the state as the owner of the above-mentioned facility, airplane aprons with numbers from 1 to 9 will be included as part of the concession site, according to the platform marking announced in AIP of the Republic of Bulgaria, scheme LBPD AD2-19, which are part of the "Platform" facility's "Old" part, with an area of about 61 752 sq. m ( the exact area cannot be asserted since different documents indicate different areas, and some of the differences are significant - for example, in a court case there is a certain area of 61 762 sq. m, according to geodetic surveying from 2004 for the purposes of the notarial deed the area is 72 381 sq. m., according to a non-monetary contribution, approved by PMC meeting minutes on January 13, 1995, the area is 111 440 sq. m), including aprons Nos. from 1 to 9.
2.6. Land plots, buildings and facilities located in the area of the Airport but are not included in the Concession site 2.6.1. Properties - public state property, granted to SE BULATSA, which are not included in the concession site. The concession site does not include the following three buildings, built on the land plot with identifier40004.250.185, which have been granted to be managed by State Enterprise BULATSA for performing its functions as an air navigation service provider at Plovdiv Airport, namely: 2.6.1.1. Building with identifier 40004.250.185.2, with designation: administration and business, with BA 464 sq.m; 2.6.1.2. Building with identifier 40004.250.185.12, with designation: storage facility, with BA 508 sq.m; and 2.6.1.3. Building with identifier 40004.250.185.16, with designation: storage facility, with BA 474 sq.m. 2.6.2. Properties - owned by "Plovdiv Airport" AD, which are not included in the concession site. "Plovdiv Airport" AD owns a total of 22 buildings, which are located in the land plot with identifier 40004.250.185, within the boundaries of the concession territory, and are not included in the site of the concession since they are not state property. Private property buildings which are not included in the concession site № Area Floor Name of the building and Identifier under (sq.m) (numbers) designation CMCR 1 Building of the transport 40004.250.185.1 2249 1 2 Administrative business building 40004.250.185.3 328 1 3 Administrative business building 40004.250.185.4 80 1 4 Building of the transport 40004.250.185.5 265 1 5 Storage facility 40004.250.185.6 433 1 6 Storage facility 40004.250.185.7 68 1 7 Storage facility 40004.250.185.8 335 1 8 Storage facility 40004.250.185.9 337 1
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9 Storage facility 40004.250.185.10 338 1 10 Storage facility 40004.250.185.11 338 1 11 Building for domestic services 40004.250.185.13 99 1 12 Other type of production, storage, 40004.250.185.14 63 1 infrastructure building 13 Other type of production, storage, 40004.250.185.15 76 1 infrastructure building 14 Other type of production, storage, 40004.250.185.17 19 1 infrastructure building 15 Storage facility 40004.250.185.18 31 1 16 Building of the transport 40004.250.185.19 34 1 17 Building of the transport 40004.250.185.20 98 1 18 Storage facility 40004.250.185.21 34 1 19 Storage facility 40004.250.185.22 52 1 20 Storage facility 40004.250.185.23 62 1 21 Storage facility 40004.250.185.24 124 1 22 Building of the transport 40004.250.185.25 44 1
2.6.3. "Platform" facility with aprons Nos. from 1 to 9, which are not included in the site of the concession.
For a real estate owner: a platform with an area of 61,752 sq. M., Built in 1982 on state land, representing a land property with identifier № 40004.250.185 under the KKKR of the village of Krumovo with an area of 2000,805 decares, with Decision № 47 from 07.07.2020 the Supreme Court of Cassation recognized Plovdiv Airport AD. With respect to those listed in item 2.6. - land plots, buildings and facilities located in the area of the airport but not included in the concession site, the concessionaire will be obliged to tolerate the right of passage of their owners, as well as their employees and designated by them persons. In the event that the realization of the concession and the execution of the concession contract is hindered or impeded by the rights of these persons, the concessionaire shall have the right to take the respective legal and factual actions independently to reach an agreement with these persons, giving prior notice to the grantor, according to the concession contract. 2.6.4. From land plot with identifier 40004.250.184 with an area of 72 097 sq. m kennels for service dogs of MoI, with an area of 300 sq. m is excluded and is not a part of the concession site. Its boundary points' coordinates are pointed in Reference No 5 to Annex No 2.
2.6.5. Movable property The participant in the procedure designated to be the concessionaire will have the opportunity to purchase and/or rent the movable property owned by "Plovdiv Airport" EAD, which it deems to be necessary for carrying out the activities within the scope of the concession.
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2.7. Certificates issued under CAA
Plovdiv Airport has a Certificate of Operational fitness issued by the Directorate General Civil Aviation Administration at MTITC (DG CAA) - "Certificate of Operational fitness of Airport No. 4" dated December 12, 2016, in assurance that Plovdiv Airport is responsible for the requirements of the civil aviation regulations in the Republic of Bulgaria and is fitted for operation by aircraft code "D" according to the classification of ICAO as an airport for public use of international and domestic passenger and cargo transportation. Plovdiv Airport corresponds to the airport category according to item 1 of Annex 2 to Article 6 of Ordinance No. 20 from 2006 - Airport for public use for the service of international and domestic transportation of passengers and cargo. The certificate is issued to "Plovdiv Airport" EAD. Plovdiv Airport has also a Certificate BGLBPD-001 issued in accordance with the requirements of Regulation No 216/2008 of the European Parliament and of the Council and Commission Regulation (EC) No 139/2014. Plovdiv Airport has been issued with a Certificate of Operational fitness by DG CAA for ground service systems and facilities related to ground service, servicing and supplying aircraft, loading and unloading of luggage and cargo No 4U dated December 12, 2016, for compliance with the requirements of Art. 30, para. 2 of Ordinance No. 20 from 2006. The certificate is issued to "Plovdiv Airport " EAD. The airport operator "Plovdiv Airport" EAD at the moment of opening the concession procedure has other certificates, registrations and similar in connection with the requirements of CAA, as well as related to other aspects of its commercial activity, its quality as a business entity, employer, etc. The airport code according to Table 1 of Ordinance No. 14 on Airports and Airport Provision is 4D. The announced geographical coordinates of the airport checkpoint are: 42 04 04 N 024 51 03 E.The International ICAO Four Letter Code for Plovdiv Airport is LBPD and the IATA Code is PDV.
2.7.1. Master plan for airport development
In 2008, a Master Plan for the Development of Plovdiv Civilian Airport (Master Plan) is adopted. In the case of a concession awarded, this Master Plan will be the basis for the design and execution of the construction site, construction and assembly works, and its implementation will be continued by the designated concessionaire. Depending on the views of the concessionaire for the development of the airport, he will have the opportunity to take actions for updating it by amending and supplementing, respectively for the preparation of a new master plan, which he will carry out in compliance with the applicable regulatory requirements, as well as in accordance with the concession contract. The draft concession contract provides for updating the Master Plan (existing or future) by periods of 5 years.
2.7.2. The current airport operator, ground service operator and performing airport administration activities The airport operator operating at the time of opening the concession procedure, which
16 manages and operates Plovdiv airport as a ground service operator and performs the activities of the airport administration, is "Plovdiv Airport" EAD, UIC 115007069, a company which capital is property solely to the Republic of Bulgaria. The company has licenses issued for ground service operator at Plovdiv Airport for the following activities: 1) Ground administration and supervision under art. 48e, para. 3, item 1 of CAA under the Ground Service Operator License No 4-1 from December 12, 2016; 2) Passenger service under Art. 48e, para. 3, item 2 of CAA under the Ground Service Operator License No 4-2 from December 12, 2016; 3) Luggage processing (servicing) under Art. 48e, para. 3, item 3 of CAA under the Ground Service Operator License № 4-3 dated December 12, 2016; 4) Processing of cargo and mail under art. 48e, para. 3, item 4 of CAA under the Ground Service Operator License № 4-4 from December 12, 2016; 5) Airborne aircraft servicing (Airplane servicing) under Art. 48e, para. 3, item 5 of CAA under the Ground Service Operator License No. 4-5 dated December 12, 2016; 6) Aircraft service under Art. 48e, para. 3, item 6 of CAA under the Ground Service Operator's License No. 4-6 dated December 12, 2016; 7) Service of aircraft with fuels and oils under art. 48e, para. 3, item 7 of CAA, pursuant to Ground Service Operator's License No 4-7 from December 12, 2016. "Plovdiv Airport" EAD fully exercises the functions of airport administration at the airport assigned to it by the Minister of Transport, Information Technology and Communications.
2.7.3. Documents that certify the property and/or individualize the concession’s site Documents that certify the property and/or individualize the concession site The main documents that certify the property and individualize the concession's site through the assets included in it - land plots, buildings and facilities are: 1) Airport Operational Fitness Certificate No 4 from December 12, 2016. 2) Certificate for operational suitability of related to the ground service systems and facilities for servicing passengers, servicing and supplying aircraft, loading and unloading of luggage and cargo No. 4U dated December 12, 2016. 3) Public State Property Deed (PSPD) No. 6834 from July 16, 2008, issued by the Regional Governor of the District of Plovdiv and cadastral sketch No. 15-761072-20.08.2019, issued by the Office of Geodesy, Cartography and Cadastre - Plovdiv for Land Plot (LP) with identifier 87240.250.262; 4) PSPD No. 6835 from July 16, 2008, issued by the Regional Governor of the District of Plovdiv and cadastral sketch No. 15-761067-August 20, 2019, issued by the Office of Geodesy, Cartography and Cadastre - Plovdiv for LP with identifier 40004.250.185; 5) PSPD No. 6836 from July 16, 2008, issued by the Regional Governor of the District of Plovdiv and cadastral sketch No. 15-761065- August 20, 2019, issued by the Office of Geodesy, Cartography and Cadastre - Plovdiv for LP with identifier 40004.250.184; 6) PSPD No. 6837 from July 16, 2008, issued by the Regional Governor of the District of
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Plovdiv and cadastral sketch No. К17225 from August 16, 2019, issued by Agriculture Department – Sadovo municipality for LP No. 000381 (identifier 36676.250.381); 7) PSPD No. 6838 from July 16, 2008, issued by the Regional Governor of the District of Plovdiv and cadastral sketch No. К17224 from August 16, 2019, issued by Agriculture Department – Sadovo municipality for LP No. 000382 (identifier 36676.250.382); 8) PSPD No. 6839 from July 16, 2008, issued by the Regional Governor of the District of Plovdiv and cadastral sketch No. К17222 from August 16, 2019, issued by Agriculture Department – Sadovo municipality for LP No. 000391 (identifier 36676.250.391); 9) PSPD No. 6840 from July 16, 2008, issued by the Regional Governor of the District of Plovdiv and cadastral sketch No. К17223 from August 16, 2019, issued by Agriculture Department – Sadovo municipality for LP No. 000395 (identifier 36676.250.395); 10) PSPD No. 9165 from May 30, 2016, issued by the Regional Governor of the District of Plovdiv and cadastral sketch No. 15-761074- August 20, 2019, issued by the Office of Geodesy, Cartography and Cadastre - Plovdiv for LP with identifier 99088.1.132; 11) PSPD No. 9168 from June 06, 2016, issued by the Regional Governor of the District of Plovdiv and cadastral sketch No. 15-761069- August 20, 2019, issued by the Office of Geodesy, Cartography and Cadastre - Plovdiv for LP with identifier 40004.250.7 (Previous plan No. 000186); 12) Private State Property Act No. 9222 from September 15, 2016, issued by the District Governor of the Plovdiv District for Private State Property buildings constructed on LP with identifier 40004.250.7 (24 buildings out of 38); 13) Technical passport for the construction of "Passenger Terminal at Plovdiv Airport for Domestic and International Flights" 14) Permit for use from 2009, issued by DNCC, for the construction site "Repair, reconstruction and modernization of Plovdiv Airport", incl. on-site rain sewerage; extension and development of internal road network - drainage of the parking; electric and lighting installation of the parking; on-site plumbing networks and facilities; complete reconstruction and modernization of the lighting, power supply and power backup systems; apron lighting; external cable power supply; GRU; repair, extension and reconstruction of the platform, etc. 15) Plovdiv Airport Master Plan from 2008 Property documents (deeds and sketches) are attached to these documents - Reference No 4, Annex No 1.
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3. DESCRIPTION OF THE CONSTRUCTION WORKS AND SERVICES COVERED BY THE CONCESSION
3.1. Construction The subject matter of a construction concession involves the performance by the concessionaire of construction, against which the latter has the right to exploit the works in assuming operational and construction risks. The right to exploit the construction includes the receipt of earning from the services provided through the construction and/or from other economic activity with the construction, in order the concessionaire to perform the respective activities and the provision of services with the construction/constructions, as a result of the performance of the concession for construction. It is envisaged that the construction will be mostly implemented for the repair, expansion and construction of sub-projects and infrastructure for the development, modernization and expansion of Plovdiv Airport. For this purpose, mandatory construction and investment are envisaged, including the design and construction of an entirely new cargo terminal - a building and facilities of the airport and technical infrastructure. The obligatory construction activities under art. 7, para. 2, item 1 concern the execution or simultaneous design and execution of the construction site: 1) Expansion of SSS of RWY; 2) Extension of SSS of TXWY; 3) New perimeter fence; 4) CCTV of perimeter fence; 5) Internal ring road around the perimeter fence; 6) New drainage system; 7) Cargo terminal; 8) taxiway for the cargo platform with TXWY D connection; 9) SSS on a new TXWY; 10) Parking for cargo terminal; 11) Auto fleet; 12) Technical unit incl. a fire-brigade, GSSE Special; 13) Cargo platform and connection with existing one for 3 airplane stands; 14) Expansion of the existing terminal parking; 15) New lighting system; 16) Storage for fuels and lubricants; 17) New hangars.
The obligatory construction activities under art. 7, para. 2, item 2 concern the execution or simultaneous design and execution of construction and assembly works and activities through which an existing construction site is to be reconstructed, renovated or overhauled: 1) Increasing the carrying capacity of the runway; 2) Increasing the carrying capacity of TXWYs;
Note: The specific parameters (squares and lengths) for the size of the elements of the obligatory construction activities under art. 7, para. 2, item 1 and item 2 of CA will be specified
19 with the update of the Master Plan and in accordance with the offer of the winning participant. The parameters described in this documentation are indicative.
Construction requirements, including mandatory investments, are set out in Annex No. 3 to determine the minimum technical and functional requirements. The construction also includes the related design, provision of construction supervision, and organization, supplying, financing, and implementation prior to commissioning or authorization for the use of any construction site.
Studies carried out so far, including the state of traffic, show that the "new" part of the platform meets the requirements without the need to use the so-called "old part" of the platform. To the extent that the "new part" of the "Platform" facility is the subject of the same legal dispute (which concerns also the so-called "old part"), participants in the procedure will need to include in their proposal a mandatory investment to ensure that a new platform for 6 aircraft, code C and an area of 30,000 square meters, or the cost of acquiring the existing facility currently used by "Plovdiv Airport" EAD and representing a "platform" with aprons with numbers 10A, 10B, 11A, 11B, 12A and 12B, according to the platform marking announced in AIP of the Republic of Bulgaria, scheme LBPD AD2-19 ("new" part), as in both cases the costs will be recognized by the grantor of the investment, in accordance with the terms of the concession contract. The investment for the construction of a new platform or the investment costs intended for the acquisition of the existing ("new" part of the platform) will not participate in the formation of the evaluation of the Concession Site Development Program and the investment program, which is a part of the technical proposal of the participants. The eventual inclusion of this investment in the investment program will not lead to distortion of the economic balance of the concession. In case the concessionaire proves the expediency and economic justification of the extension of the runway, this would not constitute a separate construction, but a reconstruction, extension and modernization of the existing facility as defined in Art. 7, para. 3 of the CA "The construction site is a result of construction and assembly works, which is sufficient by itself to fulfill an economic or technical function".
3.2. Services The subject matter of the concession includes the provision of services related to the management and operation of the airport, together with the concessionaire's right to operate those services, including the right to receive earnings from the performance of the services in assuming the operational risk. The Concessionaire will be obliged to perform the main airport activities as defined in the regulations, this documentation and the concession contract, namely the mandatory services that the Concessionaire must provide in compliance with the necessary quality requirements and keep them available for the whole term of the concession are as follows:
3.2.1 Activities of an airport operator The concessionaire will be obliged to perform the activities of an airport operator under Art. 16l, para. 5 of CAA, on the basis of an airport operator license issued to the concessionaire
20 after concluding the concession contract within the agreed terms, when it meets the requirements for issuing a license in accordance with the legislation.
3.2.2 Ground service operator activities When defining ground service activities, it is taken into account their definition by law as "activities performed within the security boundaries of an airport, related to the pre-flight or post-flight servicing of the aircraft" (para. 18 of § 3 of the Civil Aviation Act). In addition, according to the definition in § 1, item 1 of Ordinance No. 20 from 2006 on certification of the operational fitness of civilian airports, airfields, ground service systems and facilities, licensing of airport operators and ground service operators and for access to the ground service market at airports, issued by the Minister of Transport, prom. in SG No.101 from December 15, 2006, with its subsequent amendments (Ordinance No. 20 from 2006), ground service means "services under Annex No. 1" thereto. Art. 48e, para. 3 of CAA establishes the issuance of a ground service or self-service operator license for each of the following activities at the relevant airport: 1) ground administration and surveillance; 2) passenger service; 3) baggage handling; 4) cargo and mail processing; 5) apron servicing of aircraft; 6) aircraft servicing; 7) aircraft servicing with fuels and oils; 8) aircraft maintenance; 9) flight operations and crew administration; 10) land transport; 11) serving the onboard buffet. Pursuant to Art. 43b, para. 5 of CAA the rights and obligations related to the activities under Art. 48e, para. 3, items 2-7 of CAA, which are performed by the concessionaire, shall be determined by the concession contract. These are 4 of the 11 activities outlined in the law, namely: passenger services (item 2); baggage handling (item 3); cargo and mail processing (item 4); apron servicing of aircraft (item 5); servicing aircraft (item 6) and servicing aircraft with fuels and oils (item 7). The concessionaire must carry out these six ground service activities, and for the rest, at its own discretion and if it meets the relevant requirements for them. The ground servicing arrangements are detailed in Art. 52 and seq. of Ordinance No. 20 from 2006, as the main requirements for issuing a license for a ground service operator are set out in its Art. 41. Accordingly, the concessionaire must obtain a license at least for the ground service activities specified in Art. 48e, para. 3, items 2-7 of CAA.
3.2.3 Exercise of airport administration functions The airport administration is a public airport management service according to the definition of the concept in § 3, item 15 of DR of CAA. The functions of the airport administration are legally established - they are specified in Art. 48a, para. 3 of CAA, namely the airport administration: 1) ensures the level of the announced categories and standards in the performance of the
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functions taken as obligations by the State under international contracts, related to: (a) the maintenance of the airfield and development of the airport's infrastructure; (b) restriction and removal of obstacles; (c) the maintenance of visual aids to navigation; (d) emergency rescue and firefighting provision of flights within and around the airport; (e) airport security; (f) flight safety; (g) coordination between the different agencies and enterprises in relation to the use of the airport; (h) traffic management within the airport; (i) power supply equipment and installations; (j) simplification of formalities at the airports; 2) entrusts the development and updating of the airport master and cadastral plan; 3) creates conditions for business activity at the airport territory for the licensed ground service operators; 4) takes measures to reduce aviation noise; 5) may delay the departure of an aircraft (except in the case of scheduled services) if its user has not paid the due fees or given sufficient guarantees for the payment; 6) collects airport charges according to CAA. An airport operator which performs the functions of an airport administration financed by the airport charges under Art. 120, para. 1 of CAA, prepares and submits for coordination with DG CAA a program for the necessary costs for payment of the credits received, for the investment costs for the development of the infrastructure and for the sustentation costs of the airport administration. The Airport Administration at the public airports in order to service international and domestic transportations, operate flights and to fulfill aviation and other services, for a fee, in accordance with Art. 12 of Ordinance No. 20 of 2006 : a) maintains the declared categories of the airport in accordance with the issued certificate of suitability for operation; b) provides unobstructed access to aviation inspectors, government anti-fire supervisors, emergency and rescue and security officers; c) promptly notifies DG CAA of changes or deviations from technical, safety and security standards, requirements and rules; d) monitor the activities of ground service or self-service operators on a daily basis in order to comply with safety and security requirements; e) fulfills the obligations under Art. 48a, para. 3 of CAA. In performing its functions as an airport administration, the airport operator, including when assigned a concession contract as a concessionaire, must create conditions for economic activity at the airport concerned by providing access to the market for licensed ground service and self-service operators in compliance with the applicable regulatory conditions (Art. 52, para. 6 of Ordinance No. 20 of 2006). The functions of an airport administration shall be entrusted, in whole or in part, to the airport operator by the Minister of Transport, Information Technology and Communications. When awarding the concession for Plovdiv Airport it is envisaged that the assigned concessionaire will be fully entrusted with the functions of the airport administration.
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4. DETAILED DESCRIPTION OF THE CONDITIONS FOR THE IMPLEMENTATION OF THE CONCESSION
4.1. Objectives of the concession By awarding a state concession for the construction of a civil airport for public use Plovdiv, in accordance with the National Strategy for the Development of Concessions in the Republic of Bulgaria until 2027 and the Action Plan for State Concessions (2019-2020), the aim is to achieve the following Government priorities: Development of quality and accessible transport infrastructure and transport services of public interest through a partnership between MTITC and an economic operator; Meeting the public needs for the development of the transport infrastructure by including private investments in the construction, provision and management of transport services and related service activities at the best quality-price ratio; Economic effectiveness in managing public property in the interests of the citizens and society; Ensuring the accessibility and quality of the provided services; Effective maintenance, modernization and development of the transport infrastructure; Integration of the Bulgarian transport system into the European one; Limiting the negative impact of transport over the environment and human health; Achieving a high level of transport safety and security; Developing the airport infrastructure and maintaining the international standards in terms of flight safety and aviation security; Creating prerequisites for further development of the infrastructure with a view to serving modern large payload aircraft at long distances, including direct intercontinental flights. In order to achieve these common national goals, the concession procedures are expected to attract private investors in the process of development of the transport infrastructure sites, which will bear the operational and construction risk of their construction and modernization, managing and maintaining them to achieve optimization of the provided transport services and the provision of stable financial resources, expert knowledge and management skills for a relatively long period, in accordance with the subject matter of the concession and the terms of its implementation. The specific objectives derive from the three strategic objectives of the transport sector policy in the management program - achieving economic efficiency, developing a sustainable transport sector and improving regional and social development and cohesion. The main objectives of awarding this concession for the construction of civil airport Plovdiv for public use are to achieve, through the mechanisms of the awarded concession for construction and attracting a financially stable private investor in the management of the airport: • Development and modernization of the airport infrastructure and maintainnance of
24 the international standards in terms of flight safety and aviation security; • Creating prerequisites for further development of the infrastructure with a view to serving modern large payload aircraft at long distances, including direct intercontinental flights; • Increasing the efficiency and competitiveness of the airport; • Improving the quality of passenger and aircraft service; • Modernization of airport security and safety systems. The concession award aims to transfer to the designated concessionaire the operational and construction risks in the construction, management and maintenance of Plovdiv Airport, with funding provided for the construction and other concession activities, including the rehabilitation and upgrading of the existing airport infrastructure and the quality of the provided services, while the functions of the state remain only regulatory and controlling with the retention of the ownership of the assets provided - public state property and acquisition of the assets built by the concessionaire in the form of improvements of the concession site during the concession period.
4.2. Conditions for the implementation of the concession The concession shall be realized with the funds provided by the concessionaire, and upon its assumption at least of the operational and construction risk, under pre-determined conditions included also in the draft concession contract. The ownership right over the object of the concession belongs to the Republic of Bulgaria and this title is retained for the entire duration of the concession contract. All increments and improvements to the object of the concession and the concession territory, or to accessories that are public state property, become state property in the moment of their occurrence, including new constructions constructed by the concessionaire. The conditions for the implementation of the concession are: 1. the ranked in first place participant may create, and if it is a consortium, it is obliged to create a Project Company, which means a commercial company to be established in the Republic of Bulgaria, for the purpose of concluding and signing the Concession contract in accordance with Clause 42.2 (Creation of a Project Company), as this clause is applicable when a ranked in second place participant is designated as a Concessionaire; 2. the conclusion of a direct agreement with the financing institutions, if necessary; 3. a transitional period (after the award of the concession) and the obligations of the concessionaire during the transitional period, in accordance with the clauses of the concession contract; 4. Providing the airport services by the concessionaire (the activities of an airport operator, the activities of a ground service operator at least under Art. 48e, para. 3, items 2-7 of CAA and the functions of an airport administration) for the entire duration of the concession, their continuity and quality level in accordance with the draft concession contract, as well as their granting in compliance with the requirements of the current legislation, good practices and ensuring equality of persons. The Concessionaire is obliged to obtain and maintain in compliance with the requirements of the current legislation valid licenses for an airport operator and for an operator for ground service operator, a single certificate for a civil airport for public use according to Art. 44a of CAA, as well as other licenses, permits, certificates, etc., necessary for the complete and lawful implementation of the airport and other activities related to the
25 concession site; 5. Implementation of the construction works, proposed in the offer and the investment program of the concessionaire, within the foreseen volumes and terms; 6. Management and maintenance of the concession site in operational fitness for the whole duration of the concession all year round, according to its purpose as a civil airport for public use for servicing international and domestic transportations, including continuing a valid certificate of operational suitability and other acts and documents, certifying or related to the operation of the airport; 7. Providing the necessary funds, executing the investments and carrying out the activities proposed by the concessionaire in its offer for participation in the concession procedure; 8. Payment by the concessionaire to the grantor of the concession fees according to the amount, terms and order specified in the concession agreement; 9. The Concessionaire owes the Grantor a single time concession fee of BGN 150,000 (one hundred and fifty thousand) BGN, excluding VAT, payable up to the commencement date of the concession. 10. The Concessionaire shall insure the Concession Site at its own expense for every year of the Concession Period, as well as its liability as Airport Operator and Ground Handling Operator, in accordance with the legislation in force and with the provisions of the Concession Agreement; 11. Compliance with national security and defense requirements, including those applicable to the strategic sites important for the national security (Plovdiv Airport has been designated as such an item on the list - Annex 1 to Decree No. 181 from 20 July 2009 of the Council of Ministers on the definition of the strategic sites and activities relevant for the national security, promulgated SG 59/2009, as subsequently amended) the life and health of citizens, the environment, protected territories, zones and sites, the public order, the provision of health and safety at work, the international and domestic requirements for safety and security in the field of civil aviation, as well as the obligations taken under international contracts to which the Republic of Bulgaria is a party, throughout the duration of the concession; In this regard, pursuant to Decision No. 390 of the Council of Ministers from September 25, 1992, and Decision No. 15 of the Council of Ministers from january 15, 2008, the concessionaire shall ensure the joint use of Plovdiv Airport with the Ministry of Defense and its units, subject to the conditions of the Interaction Agreement under the terms of joint use of Plovdiv Airport, concluded on August 30, 2017, between "Plovdiv Airport" EAD and Military Unit 32040 to the Ministry of Defense. 12. Compliance with the applicable obligations in the field of environmental, social and labor legislation, established by national legislation, European Union law, collective agreements or international conventions in the social field and in the environmental field under Annex No. 5 to the Concessions Act; 13. On the Concession Site, the Concessionaire shall be entitled and obliged to provide the Airport Services in accordance with the Concession Agreement ensuring that all users have equal access to the services and complying with the requirements for their provision. 14. The purpose of the concession site cannot be changed; 15. Non-transferability of the rights and obligations under the concession contract, except under the conditions and in the order determined by the contract and in compliance with the current legislation;
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16. Until the termination of the concession contract, the parties thereto may not dispose of whole or part of the concession site, including its affiliation or the concession territory. The Concessionaire shall not be entitled to encumber assets from the Concession Site; 17. The Grantor shall not owe the Concessionaire any compensation under Art. 32 of the Concessions Act; 18. The concession contract shall be terminated on the grounds specified in it and the legislation in force. Upon termination of the concession contract due to the expiry of the concession, the concessionaire shall not be entitled to compensation; in case of early termination of the concession contract for a reason which is one of the parties' responsibility, the responsible one owes compensation in accordance with the stipulated in the concession contract and the legislation in force; 19. The economic balance shall be considered distorted where: 19.1. as a result of changes in the legislation or of an act of regulatory body, there is a change in the conditions for financing, construction, management or maintenance of the Concession Site and/ or the conditions for the provisions of services; 19.2. as a result of a force majeure, certain activities under the Agreement are continuously suspended; 19.3. the Concession Site in its entirety or in part perishes or there is an objective impossibility to use it for its intended purpose, except for the cases where the loss or impossibility is caused by a wrongful action or inaction on the part of the Concessionaire; 19.4. there is a threat to the national security and defence of the country, the protection of citizen’s life and health, the environment, the protected territories, areas and sites, and the public order; 19.5. If in two consecutive years of the Concession, the actual Internal Rate of Return of the Concessionaire's investments exceeds by thirty percent (30%) the amount of the Internal Rate of Return of its capital under the Concessionaire's offer, the Grantor shall have the right to reimburse the balance. 20. An estimated price of the main services included in the subject of the concession: With regard to airport charges, the charges collected by the present airport operator may be pointed as estimates according to its tariff, which is determined in accordance with the Regulation on charges for use at the airports for public use and air navigation services in the Republic of Bulgaria.
CHARGE FOR AIRCRAFT LANDING
Aircraft performing a General purpose aircraft Aircraft with a maximum Aircraft with a maximum training flight with a maximum take-off take-off weight takeoff weight of over 5.7 weight of up to 5.7 tonnes exceeding 5.7 tonnes tons performing cargo incl. performing passenger or flights mixed (passenger and cargo) flights 5,00 EUR per landing 25,00 EUR per landing 5,00 EUR per tonne 3,50 EUR per tonne
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PARKING CHARGE The parking fee is not due for the first 3 (three) hours after landing of passenger aircraft and for the first 6 (six) hours after cargo aircraft landing. After that period, the parking fee is determined as 20% of the landing fee for each 24 (twenty-four) hours started. When there is an agreement with the carrier it to be based on the airport, in agreement with DG CAA, the parking fee is 5% of the landing fee for each 24 (twenty-four (hours)) commenced
PASSENGER CHARGE (only for departures) 6 EUR per departing passenger Children up to 2 years are free of charge.
SECURITY CHARGE 1,50 EUR per departing passenger; 1.00 EUR per tonne maximum takeoff weight of aircraft conducting flights carrying only cargo.
NOISE (ENVIRONMENTAL CHARGE) 0,15 EUR per tonne maximum takeoff weight of all types aircraft. * The indicated values are in accordance with the tariff of the present operator's fees, without taking into account the incentive programs. A detailed description of the tariff is available on the link: http://www.plovdivairport.com/uploads/assets/files/darjavni_taksi.pdf
21. The main services that the concessionaire will provide as а part of the subject matter of the concession are the services related to the management and operation of Plovdiv Airport, together with the right to operate these services, including the right to receive earnings from airport charges and from commercial activities; 22. Taking over the personnel of the former airport operator under the conditions of Art. 123a of the Labor Code and observance of the labor and social security legislation, as well as entrance or replacement under insurance and other contracts instead of "Plovdiv Airport" EAD and CAA CA.
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5. MINIMUM REQUIREMENTS TO THE OFFERS
5.1. Minimum technical and functional requirements The minimum technical and functional requirements for the tenders are presented in Annex No. 3 "Minimum technical requirements".
5.2. Minimum financial and economic requirements The minimum financial and economic requirements for tenders, in accordance with Art. 67 of CA are determined on the basis of the estimated financial and economic elements of the concession and are presented in Annex No. 8 " Bid Requirements and Evaluation Methodology ".
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6. CONDITIONS FOR THE PARTICIPATION OF THE ECONOMIC OPERATORS
6.1. Economic operators and participants
6.1.1 General rules 6.1.1.1. Economic Operator means any natural person or legal person, or other entity, or a group of such persons or entities, including temporary associations of undertakings, which offers the execution of works, the supply of products or the provision of services. The Economic operators may participate in the procedure for designating a concessionaire individually or by associating themselves in a form of their choice, referred to as a "group of economic operators". 6.1.1.2. An economic operator who has submitted an application and a tender acquires the rights of a participant in the procedure for designating a concessionaire. 6.1.1.3. The conditions of participation shall be also applied to the subcontractors unless otherwise provided by the Concessions Act. 6.1.1.4. A participant shall not be entitled to submit an application and offer when, individually or as a member of a participant in the form of a merger/consortium, holds participation (directly or indirectly, such as voting rights and/or dividend rights) in another participant - alone or a member of another group of economic operators. A participant or member of an merger /consortium cannot submit an application and offer if its relationship with another participant or member of an association is such that it can be considered as being submitted by the same governing body or by the same persons. 6.1.1.5. The participants shall submit a declaration under the Law on Measures against Money Laundering (LMAML) in the form - Annex No 12 to the Tender Documents, which shall be submitted to the proposal of the offer, according to item 8.2.3. 6.1.1.6. A person or any of its shareholders shall not be admitted to the tender proceeding if: (a) comes, directly or indirectly, from States subject to sanctions imposed by the United Nations Security Council; or (b) is included in the European Union List of Persons, Groups and Entities Subject to Financial Sanctions by the European Union.
6.1.2. Rules for a group of economic operators (merger, consortium or other form of joint participation)
6.1.2.1. To participate in the tender proceeding, the group of economic operators creates a contractual merger /consortium /another form of association that is not a legal entity (hereinafter referred to as " merger /consortium"), with the signing of a contract by persons with representative power for each member of the group. At least the following must be stipulated or secured in this contract: 1) a representative and/or lead partner to be appointed - member of the merger /consortium with the right to represent it and to take obligations that bind all other members in connection with the procedure for designation of a concessionaire, including but not limited to the submission of an application and offer on behalf of the participant); 2) one of the members of the merger /consortium to be indicated as an airport operator or as an option - explicitly stating that the airport operator will be a third party designated by the merger /consortium (designation of the same member is allowed simultaneously as a lead
30 member and as an airport operator); 3) the members of the merger /consortium are obliged to form and register before the concession contract a project company in the form of a capital commercial company, if that participant is designated as a concessionaire, the concession agreement will be concluded with the project company as a concessionaire; 4) the following conditions must be fulfilled or ensured at the conclusion of the concession contract with a project company: a) the economic operators participating in the concession procedure as a group record all the capital in the project company in the proportion indicated in the tender of the tenderer; b) the economic operators participating in the group shall be liable jointly and severally with the concessionaire for the performance of the concession agreement as the provided for therein, taking into account the nature and size of the participation of each economic operator in the project company or their commitment to provide resources to the project company; c) the economic operators participating in the group are obliged to provide the concessionaire with the resources, which have demonstrated compliance with the requirements for technical ability and/or financial and economic condition, in the manner indicated in the tender and the in the financial model; d) each of the members may subcontract one or more of the activities subject to the concession contract, as specified in the tender and the financial model of the tenderer; e) in concluding and executing the concession agreement, the concessionaire established as a project company will be unconditionally bound by the bid of the tenderer designated as a concessionaire. 6.1.2.3. Changes in the composition of the bidder after the submission of the application and the offer until the concession procedure is completed cannot be made. 6.1.2.4. After the conclusion of the concession contract, changes in the composition of the concessionaire can be made only with the approval of the grantor, subject to the specified contractual restrictions and in accordance with the current regulations. The conditions for this are set out in the draft concession agreement, restrictions and requirements are defined in the event of changes in the participation of the founders of the project company. 6.1.2.5. The Group of Economic Operators shall have the right to fulfill the requirements laid down for the participants through the cumulative experience/resources of the economic operators which are members of the merger /consortium, with the exception of the requirements regarding experience in operating and managing airports. Requirements regarding experience in the operation and management of airports must be met by the designated airport operator in accordance with paragraph 6.1.3 below, as well as the requirements for issuing an airport operator license in accordance with Bulgarian law.
6.1.3. Airport operator 6.1.3.1. Airport Operator when the Participant is a Group of Economic Operators – a merger /consortium under item 6.1.2 In the case of an merger /consortium participant, its member which is designated as an airport operator must meet the requirements for an airport operator at the time of submission of the application and the offer, as well as after the conclusion of the concession contract, in the case the participant is designated as a concessionaire. The draft concession agreement sets out
31 restrictions and requirements for changes. 6.1.3.2. When an independent participant in the procedure is designated as an airport operator A bidder submitting an application and an offer as an individual person (individual participant) must meet the requirements for an airport operator defined at the time of submitting an application and offer, as well as after concluding the concession contract for obtaining an airport operator license. 6.1.3.3. Airport Operator as a third party to a participant in the procedure An individual participant or a participant in the form of a merger /consortium may fulfill the requirements for operation at an airport (an airport operator), through a third party - an airport operator. In this case, it shall provide evidence of the fulfillment of the requirement by the third party and, if the tenderer is designated as a concessionaire, must submit as a precondition under the concession agreement a document for the duly undertaken commitment of the third party - an airport operator.
6.2. Grounds for exclusion 6.2.1. 6.2.1. The grounds for exclusion are statutory ones in which the participant is removed from the procedure for designation a concessionaire. 6.2.2. The grounds for exclusion are defined in Art. 60, para. 2 and 3 of CA and in the notice for the opening of the procedure for designation of a concessionaire, namely: 1) a sentence which has entered into force whereby a participant or a member of its management or supervisory body, or a person it's authorized to represent, take decisions or exercise control within those bodies, has been convicted of an offense under Art. 108a, Art. 159a - 159g, Art. 192a, Art. 212, para. 3, Art. 248a, Art. 253, Art. 253a, Art. 254b, Art. 301 - 302a, Art. 304 - 305a, Art. 307, Art. 321 and Art. 321a of the Penal Code, or a sentence or other court order for a similar crime in another Member State of the European Union or a third country has entered into force; 2) a court or administrative act entered into force, which establishes that the participant has not fulfilled obligations related to the payment of taxes or compulsory social security contributions within the meaning of Art. 162, para. 2, item 1 of the Tax and Social Insurance Procedure Code and the interest thereon in the Republic of Bulgaria, or similar obligations under the legislation of the country in which it is established; 3) an administrative or judicial act prohibiting a participant from participating in procurement or concession procedures under the law of the country in which it is established or in another one - Member State of the European Union; 4) an administrative or judicial act establishing that the participant : a) is guilty of a grave professional misconduct, or b) has not fulfilled obligations in the field of environmental, social and labor law, established by the national legislation, the law of the European Union, collective agreements or the international conventions in the social field and in the field of environment under Annex No 5 to CA, or c) has concluded an agreement with one or more other economic operators in breach of competition rules;
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5) a significant failure by the participant to fulfill an obligation under a concession contract or a public procurement contract, which has led to the termination of the respective contract; 6) registration of the participant or related to it persons in a preferential tax regime within the meaning of § 1, item 64 of the additional provisions of the Corporate Income Tax Act; 7) declared bankruptcy or liquidation, or open bankruptcy proceedings to the participant or the presence of a similar procedure under the law of the state in which it is established. 6.2.3. The exclusion is also justified by each of the following circumstances, established during the procedure for designation of a concessionaire and certified with proper evidence: 1) the presence of a conflict of interests2 that cannot be overcome by the removal of the person for whom there is a conflict of interests; 2) an attempt by the participant to exercise undue influence over the decision-making process of the grantor, to obtain confidential information that may give it an undue advantage in the concessionaire selection process, or to provide incorrect, incomplete or misleading information that may affect the procedure decisions for exclusion, selection or designation of a concessionaire; 3) failure of the participant to provide the information necessary to certify the absence on grounds of exclusion or the fulfillment of the requirements for professional or technical ability and/or financial and economic status determined by the grantor. 6.2.4. The grounds for exclusion under Art. 60, para. 2 of CA shall not apply in the cases under Art. 60, para. 4 of CA and in the case of duly presented evidence of the relevant circumstance. 6.2.5. In the absence of grounds for exclusion, participants shall submit declarations to their applications under specimens in this documentation. 6.2.6. The grounds for exclusion under item 6.2.2 and 6.2.3 shall also apply to any third party and any subcontractor indicated by the participant's application, for which the participant submits documents proving that there is no reason for exclusion for each of them. 6.2.7. Until the conclusion of the procedure, the Commission shall ex officio monitor the existence of a ground for exclusion. When it finds an existing or new reason for exclusion, the commission does not evaluate the offer and removes the participant from participation in the procedure for designation of a concessionaire. 6.2.8. Prior to the conclusion of the concession agreement, the participant designated as a concessionaire shall submit to the grantor evidence supporting the facts and circumstances declared by the application for the grounds for exclusion, except in the cases under Art. 121, para. 1, items 1 and 2 of CA.
2 According to item 8 of § 1 from DR of CA the conflict of interest is “the existence of a private interest in the award of the concession within the meaning of the Low Against Corruption and the seizure of illegally acquired property for the grantor, employees of the grantor or other persons who participate in the organization and the conduct of the procedure for designating a concessionaire or may influence the outcome thereof "
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6.3. Conditions of participation related to the technical capabilities of the economic operators
6.3.1. Existence of operational experience (management and operation experience at an international airport) 6.3.1.1.The participant must have operated and currently operate at least one international airport with a passenger flow of at least 450,000 (four hundred and fifty thousand) passengers in total for a period of not less than 5 years in the last 10 (ten) years, up to the date of submission of the application and the offer by the participant. 6.3.1.2. In the case of participation in the form of a merger/consortium, this condition should be fulfilled by its member designated as an airport operator, or by the capabilities of a third party that provides its resources to the participant to fulfill this condition. 6.3.1.3. In the case of individual participation, this requirement should be fulfilled by the participant in person or by the capabilities of a third party. 6.3.1.4. In order to demonstrate compliance with this condition, the participant must submit: a) a declaration in accordance with the specimen attached to these documents, with duly completed any and all projects referred to by the tenderer as evidence and signed by a person with representative authority, and b) a document (license, certificate, registration, contract or other documents under the participant's national law) issued by an official body, the relevant airport owner/assignor or by an official register, with information from which can be established the airport, the period of operation and management by the participant, the average annual number of passengers/cargo and the type of airport services provided. This document shall be presented in original or certified copy and, if issued in a foreign language, shall be accompanied by an unofficial translation into Bulgarian. 6.3.1.5. В случай на доказване на условието с възможностите на трето лице, участникът представя документите по т. 6.3.1.5 от третото лице, включително подписана от него декларация, както и документ/и, с които доказва, че при изпълнението на концесионния договор ще има на разположение ресурсите на третото лице (такъв документ може да бъде например едностранно волеизявление на третото лице, в което то посочва в какво се изразяват предоставяните възможности, безусловната си готовност и възможност да предостави тези свои възможности за срока на концесията в случай на сключване на договор за концесия с този участник, или договор с участника, който да съдържа такова задължение).
6.3.2. Requirements for issuance of an Airport Operator License under Bulgarian law.
6.3.2.1. The participant must meet the requirements for issuing an airport operator license under Art. 48d, para. 2, items 2 and 3 of the CA in connection with Art. 43b, para. 4 and Art. Art. 34 and 35 of Ordinance No. 20 from 2006, namely: 1) to have financial stability according to Art. 34, item 1 of Ordinance 20 from 2006 and item 40 of § 3 of DR of CAA, namely: financially stable is a person for whom, as a result of analysis and evaluation of the presented balance sheet, income statement and expenses; a cash flow statement, certified by a registered auditor, it is found to be in good financial status,
34 solvent and able to provide the necessary financial means to ensure the safety of flights); and 2) to provide personnel possessing qualification, professional experience and experience required for carrying out the activity of an airport operator according to Art. 34, Vol. 2, b. "A" from Ordinance No. 20 from 2006. 6.3.2.2. The participant shall submit a declaration for the conditions under item 6.3.2.1. and evidence such as: 1) in respect of subsection 1, it is necessary to submit a certified annual financial репорт by a registered auditor for the last completed financial year and an interim financial report for the month preceding that of the application submission for an airport operator license. Remarks: if these documents have already been submitted to prove the fulfillment of the condition under item 6.4.2.1, they shall not be resubmitted; when they are announced in the Commercial Register kept by the Registry Agency, they are not presented if the UIC of the participant is indicated. 2) in respect of subsection 2, submits a list of persons who proposes to be assigned to management positions being responsible for the management and operation of the airport, including an indication of the following details for each person: names, education, qualifications, positions held and work experience not less than five years.. 6.3.2.3. In case of proving the condition under item 6.3.2.1. with the capabilities of a third party, the participant shall submit the documents under item 6.3.2.2. by the third party, including a declaration signed by it, as well as document (s), proving that the resources of the third party will be available during the execution of the concession contract (such document may be a unilateral declaration of the third party, in which it indicates unconditionally the readiness and ability to provide its capabilities in the event of concluding a concession contract with that participant, for the duration of the concession, what are the provided opportunities, it will submit the necessary documents for obtaining a license for airport operator within the time limit after concluding the concession contract and will perform such services as an airport operator after obtaining such a license under the conditions of the concession contract). 6.3.2.4. When a participant is a group of economic operators, at least one of them must comply with 6.3.2.1. It is not allowed to cumulate the capabilities of two or more persons to prove the requirements. When the documents are in a foreign language, an unofficial translation into Bulgarian shall be provided. 6.3.2.5. An airport operator license shall be issued after the concession contract has been concluded within the terms agreed upon therein when the concessionaire meets the requirements for issuing a license specified by this law.
6.4. Conditions for participation related to the financial and economic situation of the economic operators
6.4.1. Registered capital 6.4.1.1. The participant must have a registered capital of not less than BGN 1 000 000 (one million) at the time of submission of the application and the offer. When the capital is registered abroad, the amount must correspond to its BGN equivalent of at the respective exchange rate of the Bulgarian National Bank for the currency of registration, determined at the date of the deadline for receipt of applications and tenders.
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6.4.1.2. When the participant is in the form of a merger/consortium, the condition for the amount of the main capital referred to in 6.4.1.1 shall be satisfied by the cumulative registered capital of the economic operators - members of the merger/consortium or by the capital of one of the members of the merger/consortium - at their discretion. In the case the members of the merger are foreign persons, the second sentence of the preceding paragraph shall be applied. 6.4.1.3. The fulfillment of the condition under item 6.4.1.1 shall be declared by the participant and proven by presenting an up-to-date document for the registered capital, issued by a competent authority, register or other, according to the legislation of the state of registration - in original or certified copy. Where the entry is in the Commercial Register kept by the Registry Agency, such document shall not be presented if the participant has indicated its UIC. Where the document is in a foreign language, an unofficial translation into Bulgarian shall also be provided. 6.4.1.4. A participant can prove the fulfillment of the condition under item 6.4.1.1 with the capabilities of a third party. In this case, the tenderer shall present the documents referred to in 6.4.1.3 by the third party, including a declaration signed by it, as well as document (s) proving that the resources of the third party will be available during the execution of the concession agreement (such a document may be a unilateral declaration of will by the third party, in which it states unconditionally the readiness and ability to provide its abilities in the case of concluding a concession contract with that participant, for the duration of the concession, what the abilities are and that will bear joint and several liability with the participant in the performance of the concession contract). The joint and several responsibility of the third party together with the concessionaire for the performance of the concession contract is in accordance with the provided therein, taking into account the nature and size of the commitment of the third party to provide resources.
6.4.2. Book value and/or market value of tangible fixed assets of the Participant. 6.4.2.1. Book value and/or market value of tangible fixed assets of the Participant, or at least of one member of the Merger, if the Participant is a Merger for the last 3 (three) financial years, not less than BGN 40 000 000 (forty million) BGN, determined as the arithmetic mean carrying amount of tangible fixed assets. 6.4.2.2. The fulfillment of the condition under item 6.4.2.1 shall be declared by the participant and proven by presenting the annual financial reports and/or by the relevant market valuation prepared by a licensed appraiser for each of the last three completed financial years together with the relevant audit and management body reports. If required by the law of the State in which the Participant is established, the submitted annual financial reports must be certified by an auditor. The absence of an audit requirement from the relevant legislation shall be demonstrated by the Participant by a declaration. When the annual financial reports are published in the Commercial Register managed by the Registry Agency, they are not presented if the participant's UIC is indicated. When the documents are in a foreign language, an unofficial translation into Bulgarian shall also be provided. 6.4.2.4. A participant can prove the fulfillment of the condition under item 6.4.2.1 with the capabilities of a third party. In this case, the tenderer shall submit the documents referred to in 6.4.2.2 by the third party, including a declaration signed by it, as well as document (s) proving that the resources of the third party will be available during the execution of the concession agreement (such a document may be a unilateral declaration of will by the third party, in which it states unconditionally the readiness and ability to provide its abilities in the case of concluding a concession contract with that participant, for the duration of the concession, what the abilities
36 are and that will bear joint and several liability with the participant in the performance of the concession contract). The joint and several liability of the third party together with the concessionaire for the performance of the concession contract is in accordance with the provided therein, taking into account the nature and size of the commitment of the third party to provide resources.
6.4.3. Fundraising experience 6.4.3.1. The participant must have the ability to finance a project in the infrastructure sector through by its own capital and/or debt financing raised for such a project and in particular to have experience in financing (with its own and/or borrowed funds) at least one such project which realized value exceeds BGN 10 000 000 (ten million) in the last 10 years until the date of submission of the application and offer. 6.4.3.2. Where the participant is in the form of a merger/consortium, the condition for the ability to finance a project under 6.4.3.1 shall be cumulatively satisfied by the economic operators - members of the merger/consortium to finance the projects or by one of the members - at their discretion. 6.4.3.3. For the fulfillment of the condition under item 6.4.3.1, the participant shall submit a declaration, and prove it with a submitted document - certificate or other, issued by the owner of the capital or by the relevant financing institutions, persons or loan sources, their representative or agent, indicating the funded project from the infrastructure sector, the amount of funding provided for it and the timeframe for its implementation. The document, if not in English, shall be accompanied by unofficial translations into English and Bulgarian; if it is drafted in English, it is accompanied by an unofficial translation into Bulgarian. 6.4.3.4. In case of proving the condition under item 6.4.3.1 with the capabilities of a third party, the participant shall present the documents under item 6.4.3.3 by the third party, including a declaration signed by it, as well as documents proving that during the execution of the concession agreement will have at its disposal the resources of the third party (such a document may be a unilateral declaration of will by the third party, in which it states unconditionally the readiness and ability to provide its abilities in the case of concluding a concession contract with that participant, for the duration of the concession, what the abilities are and that will bear joint and several liability with the participant in the performance of the concession contract). The joint and several liability of the third party together with the concessionaire for the performance of the concession contract is in accordance with the provided therein, taking into account the nature and size of the commitment of the third party to provide resources.
6.5. Third party 6.5.1. A participant may prove the fulfillment of the requirements specified by the grantor regarding the technical abilities under item 6.3 and/or the financial and economic condition under item 6.4, as specified therein, through the capabilities of one or more third parties within the meaning of Art. 63, para. 1 of CA, regardless of the legal connection with them, if he has specified the required information in its application according to the specimen, and under the following conditions: 1) there are no grounds for exclusion for every third party, for which the participant has submitted documents (declarations), proving that there is no reason for exclusion for every third party, if more than one; 2) the tenderer submits a document proving that during the performance of the concession contract it will have at its disposal the resources of the third party (s) which it uses
37 to prove the relevant requirement/requirements for professional or technical capability and/or financial and economic status; 3) the participant also submits the specified declarations and documents to prove the fulfillment of the relevant requirement under item 6.3 or 6.4, which is proved by the capabilities of the third party; 4) any third party through which capabilities the conditions for participation in the procedure for the award of a concession are met: a) is jointly and severally liable with the concessionaire for the performance of the concession agreement as provided therein, taking into account the nature and size of the commitment of the third party to provide resources - where they are a requirement for financial and economic status; (b) where required for an airport operator, the third party must participate in the execution of the concession for the entire duration of the concession contract; c) during the term of the concession contract there should be no reason for exclusion for a third party, and if it occurs - the consequences are regulated in accordance with the contract and the legislation in force.
6.6. Subcontractor/s 6.6.1. A participant in the procedure may use one or more subcontractors specified in its application under the specimen, including the required information: 1) the types of activities the relevant subcontractor will execute, and 2) the share of the concession corresponding to the activities planned for implementation by the subcontractor. 6.6.2. No person may be subcontracted to a participant in the procedure if: does not meet the requirements defined as grounds for exclusion referred to in item 6.2. or has not declared their absence. 6.6.3. During the term of the concession contract there should be no reason for exclusion for a subcontractor, and if it occurs - the consequences are settled according to the contract and the current legislation.
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7. TENDER DOCUMENTS
7.1. Access to documentats through NCR and MTITC 7.1.1. The Grantor shall provide unrestricted and full free direct access to this documentation, including its Annexes, in the National Concession Register (NCR) on the website of the Council of Ministers Administration at: https://nkr.government.bg/ConcessionaireProcedures. 7.1.2. In addition, the same access is provided by MTITC at: www.concession-pdv.bg. 7.1.3. In addition to the information in the documentation, the following documents and information are publicly available: a) financial reports for the last 5 years of "Plovdiv Airport" EAD, announced in the company account or applied for promulgation in the Commercial Register to the Registry Agency; b) for the passengers passed through the passenger terminals of the airport for the last 5 years - the data are publicly available on the website of DG CAA - www.caa.bg, head "Aviation Industry" - "Statistics"; c) characteristics and dimensions of the airfield - on the web site of SE BULATSAS - www.atsa.bg, Section "E-Services" - Collection "Aeronautical Information and Publication"; d) the published in NCR decision to open the procedure, the notice of the procedure opening, the documents for the concession, the justification of the concession, as well as the clarifications or additional information provided. 7.1.4. Access to other information related to the concession shall be provided through a physical location at MTITC, in which additional information called the "Data Room" is organized, according to item 7.2, and managed and controlled by the commission appointed by the grantor. 7.1.5. Each economic operator shall be responsible for the volume, quality, quantity, depth and understanding of the persons designated by it to carry out an examination of the information contained in the documentation, in publicly available sources, or made available in the Data Room.
7.2. Data Room
7.2.1. Data Room organization 7.2.1.1. The Data Room shall be organized in the following sections: a) a physical section, which will contain hard copies of information and documentation made available by the Commission considered to be sensitive information and for which no electronic copies will be made available to the Economic Operators and b) an electronic section, which will contain digital copies of information and documentation made available to the Economic Operators. 7.2.1.2. The Data room also contains all the documents, questions and answers (concerning the provided clarifications), notices and any other information that the committee deems relevant for the procedure for designating a concessionaire and for the concession, and which it decides ( by its discretion ) to communicate to the economic operators.
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7.2.1.3. All the information contained in the Data Room or any amendment, supplement or update provided to the economic operators under the terms and conditions provided for by law and by this documentation shall be subject to confidentiality requirements. 7.2.2. Confidentiality when accessing information in the Data room 7.2.2.1. Economic operators are required to maintain confidentiality and not to disclose to third parties the contents of the documents reviewed as a result of their access to the Data Room, except for documents that are publicly available. 7.2.2.2. For the purposes of their participation in the concession award procedure and the award of the concession, the economic operators are entitled to disclose the contents of the above documents to their employees, bankers or other financiers, technical staff, legal or financial advisors, that the individuals in those categories are required not to disclose the information in terms that are at least equivalent to the conditions of confidentiality requirements to the economic operators.
7.2.3. Sensitive information, terms and conditions for access by the economic operators to sensitive information 7.2.3.1. Sensitive information about the concession's site, the concession assets, assets, rights and obligations of third parties and any other information and documents that are sensitive but need to be provided to the economic operators for their participation in the procedure for designating the concessionaire and awarding this concession will be further provided through the Physical Data Room. 7.2.3.2. For the needs of the economic operators, the access to sensitive information is provided, but is only possible through on-site inspection in the physical section of the Data Room, under the following terms and conditions: 1) Until the deadline for submission of the applications and tenders of the economic operators, access to the following documents containing information related to the activity of "Plovdiv Airport" EAD is provided: a) The existing contracts of "Plovdiv Airport" EAD; b) List of pending court proceedings to which "Plovdiv Airport" EAD is a party; c) List of staff of "Plovdiv Airport" EAD by positions; d) A copy of the concluded active insurance policies; e) Other sensitive information, including such in relation to the sharing of Plovdiv airport for defense purposes. 2) Documents presenting sensitive information can be reviewed every working day in the intervals of 10.00 - 12.00 hrs. and 14.00 - 17.00 hrs. in the MTITC building, room 1006. 3) For to receive access: a) each person identifies himself/herself with an identity document and presents a document certifying which interested party he or she is a member to and the quality in which he or she represents it, and b) the person signs a confidentiality statement which will be presented to him in situ. 4) An official designated by the commission shall record the data of the person, with the exception of personal data, in a special register, which shall also record the time during which
40 the documents were examined. The entered data shall be verified by the signatures of the person who examines the documents and of the official. 5) An interested party may send more than one representative to review the documents and as many times as he or she deems necessary, until the expiry of the time limit set for that purpose.
7.3. Explanations 7.3.1. An economic operator which wishes to obtain clarifications or additional information about the conduct of the procedure for designation of a concessionaire, the criteria for awarding a concession or the tender documents for shall have the right to send a request for clarification or additional information to the grantor commission by email on the indicated in the announcement or in this documentation electronic address or by letter to MTITC on the address Sofia, 8, Dyakon Ignatiy Str., to the attention of the Commission not later than 14 days before the deadline for the submission of applications and tenders. 7.3.2. The official designated by the Grantor shall publish the clarifications or additional information, without specifying the requester, in the account of the procedure in NCR, as well as in the Q&A section of the Data Room, within 4 working days after receiving the request for clarification or additional information, but not later than 6 days before the deadline for submission of applications and tenders. 7.3.3. The Commission will not send any replies and clarifications to the economic operator which has sent the request and to other economic operators too. It is up to each economic operator to keep track of the published responses in this manner.
7.4. Amendment of Tender Documents 7.4.1. The Grantor may amend the documentation in the cases provided for in the Concessions Act by means of a Notice of Correction published in the Official Journal of the European Union, on the procedure's account in the NCR and on the website - www.concession- pdv. bg. 7.4.2. In order to provide the economic operators with a reasonable time within which to take into account the amended documentation when preparing their applications and tenders, the grantor shall extend the deadline for receipt of applications and tenders by at least 7 days for each change in the documentation which is published on the account of the procedure in NCR and on the website - www.concession-pdv.bg, specifying the new deadline for receipt of applications and tenders.
7.5. Visits to the Concession Site 7.5.1. Each economic operator has the right to visit and inspect the concession site (an inspection) and to obtain, on its own and under its own responsibility, the information necessary for the preparation of an application and an offer. The costs associated with the site visits shall be borne by the economic operator. An inspection visit may be made after the notice of initiation of the procedure has been published till the day preceding the deadline for receipt of applications and tenders 7.5.2. The economic operators wishing to receive access to the concession site must send a request for this, indicating their preferred day (s) and particulars about the persons authorized for the visit. The request shall be sent to the Commission electronically at
41 [email protected] or by letter to MTITC at the address Sofia, 8, Dyacon Ignatiy Str., To the attention of the Commission. 7.5.3. The Commission will endeavor to satisfy to the fullest possible extent the requests of the economic operators and will inform them promptly of the day (s) selected for the visits to the concession site by sending a notice to the relevant email address indicated by the economic operator in the visit request. 7.5.4. An economic operator who has received a permit by the Commission for its representatives to make inspection visits to the concession site is fully responsible for its experts, employees, consultants and persons authorized by it, and releases and compensates the grantor, the commission, the present operator and their staff and consultants from any liability in this respect, as the latter are not liable for death or personal injury, loss or damage to property and any other loss, damage, costs and expenses incurred as a result of the visit. 7.5.5. Each visit to the concession site will be conducted in the presence of a person (s) designated for this purpose by the grantor and the visit made will be enrolled in a special register.
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8. INSTRUCTIONS FOR PREPARATION OF AN APPLICATION AND AN OFFER FOR PARTICIPATION IN THE CONCESSION PROCEDURE
8.1. Content of the application and requirements for its preparation 8.1.1. In order to participate in the procedure for designating a concessionaire, the economic operators shall simultaneously submit an application and an offer by model, annexed to this document. 8.1.2. The application is duly signed by a person with representative authority - the legal representative of the participant, from the designated representative of the merger/consortium (lead partner), respectively duly authorized person with explicit notarized power of attorney (the power of attorney may be common to sign the application and offer as well as other rights in relation to participation in the procedure, at the participant's discretion but to contain clearly defined rights of binding importance for the principal). 8.1.3. The application shall be accompanied by the documents proving the fulfillmen of the requirements for technical capability and/or financial and economic status, as well as other necessary documents, including its legal personality and the representative power of the persons, as follows: 1) Documents for incorporation and/or registration with the updated status of the individualized data on the name, seat and address, UIC under the commercial register, BULSTAT register / other identification number, the person / persons with representative power, the way of representation and the position of the representative; in the case of a merger/consortium participant, these documents shall be submitted for each of its members; the document (s) are not submitted if the participant has indicated a UIC in the trade register managed by the Registry Agency; 2) Merger/consortium agreement /another legal form that is not a legal entity - in the case of a group of economic operators; 3) Power of Attorney (where applicable); 4) Declarations for the absence of grounds for exclusion - for the participant as well as for the members of the merger, for the subcontractors and third parties, in accordance with the law and referred to in section 6, item 6.2; 5) Evidence of meeting the requirements for technical capability, as specified in section 6, item 6.3; 6) Evidence of meeting the requirements for economic and financial condition as specified in section 6, item 6.4; 7) Evidence of meeting the requirements of the legislation for issuing an airport operator license, as specified in section 6, item 6.5; 8) Declaration of independence of the participant; 9) Other, if necessary for the purposes of the application, in view of the specifics of the participant. 10) Participation guarantee of BGN 1,000,000 (one million). The guarantee for participation must be in the form of an independent, unconditional and irrevocable bank guarantee, payable on request. The Participation Guarantee shall be submitted in accordance with the attached Model 13 (Participation Guarantee). The guarantee is payable upon the first request by the GRANTOR and is valid for three hundred and sixty (360) days after the Application and Offer submission Deadline + additional 30 days]. The guarantee for the participation of the ranked in first place Participant shall in all cases be extended and shall remain in force until the Concession Start Date.
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8.1.4. Where a tenderer has indicated that it demonstrates its compliance with the requirements for technical ability and/or financial and economic status through the capabilities of a third party, it shall attach to the application and evidence that the resources of third parties will be available for the entire duration of the concession. 8.1.5. In fulfillment of the condition stipulated by the grantor for the creation of a project company under Art. 21, para. 2 of CA, where a participant is a group of economic operators, the application shall be submitted to a contract for the creation of a merger/ consortium or another legal form, which is not a legal entity, with content including the requirements set out in this documentation. 8.1.6. The application shall be prepared and submitted in Bulgarian language as specified in the notice of the procedure opening. 8.1.7. The application shall be submitted in electronic form (2 copies) in the form of an electronic document signed with an electronic signature by the person representing the economic operator. The electronic medium shall also include an electronic image of the documents by which the economic operator certifies the facts and circumstances alleged by him. The electronic image shall be captured with a scanner in a form and manner that can be read. The complete and accurate conformity of the taken electronic image with the document shall be certified by an electronic signature. 8.1.8. The documents to be included in the electronic medium shall be in the language of their issue, which, if is not Bulgarian, shall be accompanied by a translation into Bulgarian. 8.1.9. In case of discrepancy between the texts of the documents in the original language and the translation into Bulgarian, the translation into Bulgarian shall be considered as correct, 8.1.10. The submission of applications shall be made together with the offers, as defined below.
8.2. General requirements for the preparation of the offer 8.2.1. Tenders shall be submitted by the economic operators together with the applications referred to in point 8.1. 8.2.2. A condition for awarding the concession is the participant's offer to meet the minimum bid requirements set by the grantor. 8.2.3. With the notice of opening the procedure, it is not allowed the submission of variants of the tender and the participants are not allowed to submit variants of their tenders. 8.2.4. The tenderer's offer must consist of a proposal drawn up in model No. 6 and a binding proposal drawn up in model No. 7 contained in this tender documents. 8.2.5. The contents of the offer (the proposal and the binding proposal) shall be prepared and presented in the Bulgarian language, as indicated in the notice of opening the procedure. 8.2.6. The documents to be included in the electronic medium with the tender shall be in the language of their issue, which, if not Bulgarian, shall be accompanied by a translation into Bulgarian. 8.2.7. In case of discrepancy between the texts of the documents in the original language and the translation into Bulgarian, the translation into Bulgarian shall be considered as correct. 8.3. Content and requirements to the Proposal of the offer 8.3.1. The proposal of the offer must meet the requirements of art. 88, para. 2 of CA and the requirements to it laid down by the grantor, containing:
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1. The specific proposals of the tenderer according to the award criteria according to item 8.3.2 below, which must: a) be motivated; b) be accompanied by evidence of their feasibility; c) meet the laid down requirements; 2. A prepared financial model, including an analysis of the concession cash flows and a proposed concession term, which may not be longer than the maximum term specified by the grantor in the notice of opening the procedure (35 years); regulated rate of return of the equity of the concessionaire, with a specified percentage, given that it is subject to control by the grantor and is reported annually, by 30 June of the respective year, with a report on the implementation of the financial model as of December 31 of the previous year on its constituent elements and the achieved rate of return for the concessionaire for the period from the beginning of the term of the concession. The proposed model by the participant designated for the concessionaire will be annexed to the concession agreement and will indicate the proposed rate of regulated return on equity; 3. 3. Proposals, developments and information in fulfillment of the requirements set out in the notice and these tender documents as a part of the Technical Proposal to the Bidder's proposal, including: a) the necessary design, construction, construction works and maintenance of the concession site in accordance with the investment program, as well as additional construction in accordance with its concept for the development of the concession site during the concession period; b) the volume, type and manner of provision of airport services and the performance of airport activities, including as an airport and ground service operator, and in the exercise of the functions of an airport administration; proposals on the organization, technique and technology for compliance with the established standards and procedures for ensuring the safety and security of the flights at the airport, and proposals on how to manage and operate it in accordance with Art. 43b, para. 4 of CAA; c) other services and economic activities, which it envisages to perform at the concession site, other than those under b. "a" and "b"; 4. Proposal for assumption or allocation of risks, including determination of risks for sharing with the Grantor, without the right to exclude or make arrangements on the construction and operational risks, including for sharing, in accordance with this documentation and Art. 6, para. 3 of the Ordinance on the requirements for determining the financial and economic elements of the concession, adopted by Council of Ministers Decree No 83 from May 22, 2018, prom. SG 44 from 2018; 5. Commitment to provide the funds necessary to fulfill the obligations of the concessionaire in the implementation of the concession, including the implementation of the investment and other programs, the provision of performance guarantees, insurance and other specified in the documentation, including the draft contract and in the current legislation; this shall include both the mode of supply and the type of resources to be made available, including to the project company and to a third party, where applicable; 6. Proposal for establishing a project company, where applicable: a) at the request of an economic operator - an individual participant, when it takes advance of the opportunity under Art. 21, para. 4 of CA; it must then indicate in the proposal
45 its desire to create a project company to conclude the concession agreement if it is designated as a concessionaire; in this case, the participant designated as a concessionaire shall be obliged to take over as the sole owner the capital of the project company; b) where the tenderer is a group of economic operators, the proposal confirms that the condition of the grantor for the creation of a project company will be fulfilled if the tenderer is designated as a concessionaire, within the time limit and under the terms and conditions for this, what is the ratio of the economic operators participating in the concession procedure as a group, record all the capital in the project company; c) in the cases of a) and b), the participant is required to state in its proposal: aa) the manner in which the participant has demonstrated compliance with the requirements for the technical capability and/or financial and economic status of the project company, and bb) the involvement of the participants in the group as subcontractors, where applicable; cc) willingness to assume joint and several liability with the project company in the implementation of the concession, and in the case of a group of economic operators, according to the nature and size of each of them in the project company or their commitment to provide resources to the project company; (dd) other, according to this tender documentation and at the discretion of the economic operators. 7. Declaring the validity period of the Bid - 360 calendar days from the Deadline for Submission of Applications and Offers, unless extended in accordance with this Tender Documentation; 8. Declaring the origin of the funds in accordance with the Law on Measures against Money Laundering according to the models - the annexes to the Rules for the Implementation of the LMAML. 9. Classification of information as confidential - optional, is at the discretion of the participant, which may indicate certain information that it determines to be a confidential one. The classification of proposals by award criteria as confidential shall not be allowed. The absence in the proposal of information explicitly defined as confidential means that there is no such.8.3.2. The participants prepare their proposals according to the defined award criteria, such as under item 8.3.2.1 - separately in the Financial Proposal, respectively under item 8.3.2.2 - separately in the Technical Proposal (the Financial Proposal and the Technical Proposal are attached to the proposal according to the template proposal to this documentation). The criteria proposals concern each of the following: 8.3.2.1. Financial proposal (criterion with a relative weighting of 45% in the complex assessment), which consists of an annual concession fee, comprising two components: a fixed annual concession fee and a variable annual concession fee and is presented separately for: 1) the fixed part, the amount of which is offered by the participant in the procedure, but not less than BGN 100,000 excluding VAT, adjusted by the inflation index applicable for the respective period, according to the concession agreement, which is the permanent component of the determination of each annual concession remuneration ; and 2) the variable part, the amount of which is offered by the participant in the procedure, but not less than 5% of the gross income of the concessionaire from all activities related to the concession site, to which the amount VAT is charged and due. 8.3.2.2. Technical proposal for the execution of works and services at the concession site (criterion with a relative weight of 55% in the complex evaluation) 8.3.2.3. The proposal shall be submitted in electronic form (two copies) in the form of an electronic document signed electronically by the person representing the participant, which
46 shall include: a) an electronic image of the binding proposal, and b) an electronic image of the documents, with which the facts and circumstances claimed by the participant are verified. 8.3.2.4. The electronic image shall be captured with a scanner in a form and manner that can be read. The complete and accurate conformity of the electronic image with the taken document shall be certified by an electronic signature.
8.4. Content and requirements to the binding proposal of the offer 8.4.1. The binding proposal shall contain a summary of the specific proposals of the tenderer for each of the award criteria, indicated respectively: a) in item 8.3.2.1 with respect to a financial proposal consisting of a proposal for the annual concession fee - fixed and variable part; b) in item 8.3.2.2 with respect to the technical proposal with the indicated developments and the size of the proposed investment program. 8.4.2. The proposals for the award criteria contained in the proposal and in the binding proposal should not be different, except for their more detailed presentation in the proposal compared to the binding proposal. In the event of a mismatch between the proposal and the binding proposal, the evaluation of the tender shall be carried out on the basis of the information provided in the binding proposal. 8.4.3. The binding proposal shall be submitted on paper. 8.4.4. The electronic media containing the proposal shall also include an electronic image of the binding proposal.
8.5. Submission and receipt of applications and offers. Time limit for receipt 8.5.1. The applications and tenders shall be submitted to the address indicated in the notice of the procedure's opening through the means of communication under item 8.6 in accordance with Art. 83, para. 1, item 2 or 3 of CA. 8.5.2. The electronic media containing the application and the proposal, as well as the paper media with the binding proposal, shall be placed in three separate sealed opaque envelopes, which shall be indicated accordingly, indicating: 1. the contents of the envelope which is "APPLICATION", "PROPOSAL" and "BINDING PROPOSAL"; 2. the name of the concession - Concession for construction for the Site "Civil Airport for Public Use Plovdiv" 3. the participant's name, address and e-mail address. 8.5.3. Sealed and inscribed according to item 8.5.2 three envelopes with the application and the offer of the participant shall be placed and submitted in a general envelope with the inscription "APPLICATION AND TENDER" and the name of the concession - Concession for construction for the Site "Civil Airport for Public Use Plovdiv" and the participant's name, address and e-mail address. 8.5.4. The envelope containing the bidder's application and offer must be received by the specified date and time in the manner specified in the notice as means of exchange of information. 8.5.5. The application and the offer shall be submitted by the participant personally or
47 by a person expressly authorized by it, or by postal service, at the designated place of receipt - the building of MTITC at the address 9, Dyacon Ignatiy Str., Floor 10, Sofia. room 1007 referred to in the notice for the procedure's opening. The possibility of using a postal service to receive the application and the offer is a matter of judgment of the economic operator concerned, wholly at its own risk of not receiving on time or in the prescribed manner, and at its own expense. In all cases, the obligation to comply with the deadline and the procedure for submitting and receiving applications and tenders is a responsibility of the participant. 8.5.6. When there are one or more participants/their representatives at the appointed time and place for the receipt, they shall be included in a list to be signed by the official designated by the grantor and by the persons present. The official shall accept the envelopes containing the applications and tenders of all the participants from the list in the order indicated in the list. 8.5.7. The official shall mark on the envelope the serial number, date and time of receipt, enroll in an enter register in the order of their receipt and issue to the bearer a receipt for registration in the register. 8.5.8. The official does not accept the application and the offer in the following cases: 1. after the deadline, except in the cases under item 8.5.6; 2. they are in an unsealed or defective envelope; 3. The envelope is not written in the required manner. 8.5.9. The enter register contains the following information under Art. 95, para. 5 of CA. 8.5.10. Time limit (date and time) for receipt of applications and tenders 8.5.10.1. The envelope with the application and the offer must be received by the grantor's official by the end of the deadline for the receipt of applications and tenders for the open procedure. 8.5.10.2. The deadline for receipt of applications and tenders for this concession is November 26.2020, 12:30 hrs. 8.5.10.3. In case of a change to the deadline specified in clause 8.5.10.2, made by a notice of correction, the decision of the grantor shall provide for a modification of the documentation, including the date and time specified in clause 8.5.10.2 for the receipt of applications and tenders, which is replaced by the new one. The notice of correction shall set a new time limit for the receipt of tenders which shall be at least 7 days longer than the time limit laid down in the notice about the procedure opening. 8.5.10.4. The deadline for receipt of applications and tenders for this procedure shall start from the date of sending for publication the notice in accordance with Art. 76, para. 1 of CA. 8.5.10.5. Until the expiration of the deadline under item 8.5.10.2, a participant which has already submitted an application and an offer has the right to request its withdrawal, having stated this in writing to the Commission. In this case, the envelope with the offer shall be returned to the tenderer or its duly authorized representative, for which a bilaterally signed acceptance and hand over minutes shall be drawn up between the tenderer and the person/persons designated by the grantor. A withdrawn offer is not included in the offer register. It is permissible for a tenderer which has withdrawn its tender to resubmit an application and an offer for the same procedure until the deadline for receipt of applications and tenders, including when it's been extended, regardless of the reason.
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8.5.10.6. The time limit for receipt of applications and tenders shall be subject to extension within the limits set out in Art. 94 of CA cases, which carries out by a publication of a notice of correction and sets a new deadline that is at least 7 days longer than the deadline set by the notice of the procedure opening. 8.5.10.7. The compliance with a fixed deadline, including the deadline for receipt of applications and tenders, is the sole responsibility of the economic operators. 8.5.11. Bid opening date and time 8.5.11.1. Tenders received within the time limit under 8.5.10.2 will be opened on December 10, 2020, 9:00 hrs. 8.5.11.2. In the case of item 8.5.10.3, the decision of the grantor to amend the tender documents will change the initially determined date and time of opening the envelopes with the tenderers' bids and set a new date and time. 8.5.11.3. An extension of the term by setting a new date and time for opening of the tenders shall also be carried out by the Committee for Review, Evaluation and Ranking, in the cases under Art. 98, para. 1 of CA, as the Commission sets a new term (date and time) for the opening of tenders. In such cases, the committee shall notify all participants of the extension of the time limit for opening tenders.
8.6. Exchange of information, notifications and communication 8.6.1. The exchange of information by the Grantor and the Commission with the economic operators and participants in the conduct of the procedure for designating a concessionaire shall be performed through the means specified in the notice of the procedure opening. 8.6.2. The notifications and communication by the Grantor and the Commission during the period of the procedure for designating a Concessionaire to the economic operators, respectively to the participants, will be performed: by the Commission - only electronically, by electronic means, including e-mail and through the Data Room. The electronic messages are sent to the email address specified by the person concerned; 8.6.3. The following means are eligible for notifications and communications from the economic operators and participants to the Grantor and the Commission: 1. electronic means, including e-mail - these are indicated in the notice about the concession procedure opening and in the Data Room; or 2. postal or courier service. 8.6.4. Prior to submitting applications and tenders, the economic operators' communications email addresses shall be indicated in the relevant notification, including when questions and requests for clarification are sent, which shall be made in writing. 8.6.5. Following the receipt of the application and the offer, the follow-up information and notifications shall be provided at the e-mail address specified in the application of the relevant participant. 8.6.6. Notifications shall not be made by sending messages and information in the specified cases of publication in NCR, in the Data Room or otherwise explicitly stated.
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8.7. Costs of an economic operator/participant/concessionaire to prepare and/or participate in the procedure for designating a concessionaire or concluding a concession contract and fulfilling the conditions for the oncoming of the Concession Commencement Date 8.7.1. All costs related to preparation of documents, receipt, familiarization and analysis of documents and information, preparation and submission of application and offer, in the case of being designated as a concessionaire - costs related to preparation of documents, conclusion and entry into force of the concession contract, including, but not limited to, the establishment, registration, issuance of bank and other guarantees, insurances, state fees in proceedings before public authorities and others, directly or indirectly related to the concession procedure and the conclusion or the entry into force of the concession contract shall be at the expense of the economic operator, respectively the tenderer and the designated concessionaire. 8.7.2. The Grantor and/or the Commission appointed by it shall have no obligation and shall not be liable for the non-exhaustive costs referred to in item 8.7.1 or any other costs incurred by the economic operator, participant or concessionaire in carrying out the procedure, concluding and entering into force the concession contract, including the termination of the procedure without concession award.
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9. AWARD CRITERIA AND METHODOLOGY FOR THE EVALUATION OF OFFERS
General principles.
Participants' bids are evaluated on the basis of the financial proposal and the technical proposal, each of which is evaluated separately in the ratio of 45:55, represented in detail in Annex 8 "Bid Requirements and Evaluation Methodology".
Proposals which do not meet the criteria and/or the minimal values, deadlines and other requirements set out in this Documentation are not considered and evaluated by the Commission.
The award criteria and the evaluation methodology are set out in detail in Annex 8 "Bid Requirements and Evaluation Methodology".
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10. BID DATA SHEET: 1. Name of Concession Works concession for the "Civil airport for public use Plovdiv" - public state property 2. Name of the Grantor The Minister of Transport, Information Technology and Communications 3. Address and other contact information of Grantor and Ministry of Transport, Information Technology and Commission Communications of the Republic of Bulgaria, 9, Dyakon Ignatii Street, Sofia, Republic of Bulgaria Tel/Fax: 02/9409 419; 02 9885149 Internet address: www.mtitc.government.bg; www.concession-pdv.bg Email: [email protected] 4. Contact person at the Commission Contact person: Ms. Albena Lazarova Tel/Fax: 02/9409 419; 02 9885149 Email: [email protected] 5. Address for Submission of the Application and Offers, Ministry of Transport, Information Technology and Modification of Application and Offer and Withdrawal of Communications of the Republic of Bulgaria, 9 Dyakon the Application and Offer Ignatii Street, floor 10, room 1007/1011, 1000 Sofia, Republic of Bulgaria Email: [email protected] 6. Concession Notice of the Tender Procedure published on № 2020/S 045-107466 the Official Journal of the European Union 7. Lot of the Tender Procedure in the National Concession The notice is published in NCR on March 04, 2020 Register 8. Project Website Address www.concession-pdv.bg 9. Language of the Tender Procedure and the Offering Съгласно Клауза 8.1.6. и 8.2.5 Заявленията и Офертите се Documents изготвят и представят на български език 10. Currency of Bid BGN 11. Currency of Participation Guarantee BGN 12. Bid Validity Period 360 calendar days from the Bid Submission Deadline unless extended pursuant to these Tender Documents 13. Number of Copies of Offering Documents As prescribed in clause 8 (Instructions for preparation of Application and Tender for participation in open procedure) 14. Bid an application Submission Deadline April 10, 2020, 12:30 hrs local, floor 10, room 1007 at МТIТС 15. Place, date and time of Opening of the Offers Ministry of Transport, Information Technology and Communications of the Republic of Bulgaria, floor 3, room No.3, 9 Dyakon Ignatii Street, 1000 Sofia, Republic of Bulgaria Date and time: April 27, 2020, 09:00 hrs local 16. Timeline of the Tender Procedure (changes to the timeline ACTION DATE of the Tender Procedure will Publication of the Concession March 04, 2020 be notified to the Bidders pursuant to clause 8.6 of these Notice and the Opening of the Tender Documents) Procedure for Designating a Concessionaire and Awarding a Concession Published amendment notice April 15, 2020 July 10, 2020 October 14, 2020 Last Day for submitting a request November 11, 2020 for clarifications pursuant to clause 7.3.1. Last Day for publishing responses November 18, 2020 to requests for clarifications pursuant to clause 7.3.2. Application and Bid Submission 12:30 hrs on November Deadline 26, 2020. Opening of the Applications 14:30 hrs on November
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(closed session) 26, 2020. Opening of the Offers (public 9.00 hrs on December session) 10, 2020 Deadline for completion of the January 11, 2021 procedure
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11. DOCUMENTS CERTIFYING THE ABSENCE OF GROUNDS FOR EXCLUSION BEFORE SIGNING THE CONCESSION AGREEMENT
11.1. Certifying the absence of grounds for exclusion 11.1.1. Концесионният договор се сключва с определения за концесионер участник с влязло в сила решение (класираният на първо място, а при определени обстоятелства – класираният на второ място). 11.1.2. The statutory conditions must be fulfilled before the conclusion of the concession contract, at least those which shall be established by the participant's determined as concessionaire presentation of the documents constituting proof of declared by the application facts and circumstances concerning the exclusion grounds and the conditions for participation. 11.1.3. When a participant in the concession for designating a concessionaire is a group of economic operators in the form of a merger/consortium, the above documents shall be presented for each member of the merger/consortium, as well as a criminal record certificate for the person/persons representing the merger, if is/ are different from the obliged persons of the members of the merger and are not Bulgarian citizens. 11.1.4. The documents under Art. 63, para. 1 and 2 of CA shall also be submitted for each subcontractor and third party specified in the application and bid of the bidder. 11.1.5. The Grantor shall not be entitled to require the submission of evidence - the abovementioned documents when relating to facts and circumstances which are accessible through an electronic public free register, or when the information, respectively access to such information is provided to the Grantor by the relevant competent authority. 11.1.6. To prove the conditions for participation, the evidence presented with the application and accepted by the commission of the grantor shall not be presented again, unless the document presented has a validity or expiry date, which at the time of concession procedure's closing has expired. In such a case the tenderer designated as a concessionaire shall resubmit it with an extended period, certified as valid or otherwise certified as valid at the time of concession contract's conclusion.
11.2. Designation of the ranked in second place participant as a concessionaire If by the expiry of the term determined by the decision for designating a concessionaire, the tenderer designated as a concessionaire does not present all the evidence under item 11.1.3- 11.1.4 under item 11.2 (where applicable) or refuses to conclude the concession contract, the grantor may, by a decision, designate the ranked in second place participant as a concessionaire. In this case, the requirements for presentation of the evidence under item 11.1.4 and under item 11.2 shall be also applied to the ranked in second place bidder designated as a concessionaire (where applicable).
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12. REVISION CLAUSES 12.1. The concession contract may be amended in accordance with the revision clauses provided for in it and subject to the applicable legislation, which may change the value of the concession or the duration of the concession (but not exceeding the maximum allowable increase), or other circumstance depending on the cause and the intended result. 12.2. The revision clauses provided for in the draft concession contract relate to: 12.2.1. the economic balance restoration when a factual or legal circumstance occurs violating it and which can take place by: 12.2.1.1. reduction or prolongation of the Concession Term, as the extension, a single time or in total when more extensions, should not exceed the maximum legal concession term; 12.2.1.2. change in airport charges; 12.2.1.3. change in the amount of the concession fee; 12.2.1.4. any other form agreed between the Parties. 12.2.3. the possibility of changes, regardless of their value, including the inclusion of assets in the concession site, in case of modification or conclusion of an international agreement relevant for the concession, in the case of changes in insurance, in actions for the recovery of the concession site regarding the investment program related to the involvement of a subcontractor (s) in the implementation of the concession, including the share of the performance and the types of activities (if applicable), changes in the distribution of the performance of the share and the types of activities of the partners, including when it is a project company (if applicable)3, on the resources provided and the participation of third parties (if applicable), or in the implementation of a valid court or arbitration agreement relating to the concession site or the concession agreement, or others, provided for in the draft concession contract and/or the legislation in force; 12.2.4. Studies carried out so far, including the state of traffic, show that the "new" part of the "Platform" facility satisfies the requirements without the need to use the so- called "old part" of the "Platform" facility. To the extent the "new part" of the "Platform" facility is subject of the legal dispute, the participants in the procedure will need to include in their proposal a mandatory investment to ensure that a new platform for 6 aircraft, code C and an area of 30,000 sq. m, or the cost of acquiring the existing facility currently used by "Plovdiv Airport" EAD and representing the "Platform" facility with aprons with numbers 10A, 10B, 11A, 11B, 12A and 12B, according to the platform marking announced in AIP of the Republic of Bulgaria, scheme LBPD AD2-19 ("new" part), as in both cases the costs will be recognized by the grantor as investments, in accordance with the terms of the concession contract. The investment for a new platform construction or the investment costs intended for the acquisition of the existing ("new" part of the platform) will not participate in the formation of the evaluation of the Concession Site Development Program and the investment program, which is a part of the technical proposal of the participants. The eventual inclusion of this
3 This and some of the other clauses are subject to clarification and editing, depending on what is specified in the application and the bid of the tenderer designated as concessionaire
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12.2.5. replacement of the concessionaire under the revision clause of art. 42.6.1, "a" of the draft concession contract in case of transformation with universal succession. 12.3. None of the modifications of the concession contract, when a stipulated possibility is used according to a revision clause, even if it constitutes a material change, can change the concession site and its overall character unless otherwise provided in the applicable law.
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13. ANNEXES
ANNEX No 1 - PLOVDIV AIRPORT ASSETS INCLUDED IN THE CONCESSION SITE
ANNEX No 2 - PLOVDIV AIRPORT ASSETS NOT INCLUDED IN THE CONCESSION SITE
ANNEX No 3 - MINIMUM TECHNICAL REQUIREMENTS
ANNEX No 4 - DRAFT CONCESSION CONTRACT
ANNEX No 5 - APPLICATION MODEL
ANNEX No 6 - PROPOSAL MODEL
ANNEX No 7 - BINDING PROPOSAL MODEL
ANNEX No 8 - Bid Requirements and Evaluation Methodology
ANNEX No. 9 - MODEL OF DECLARATION of lack of grounds for exclusion under Art. 60, para. 2, item 1 and item 4, "A" and para. 3, item 1 of the Concessions Act
ANNEX No. 10 - MODEL OF DECLARATION of lack of grounds for exclusion under Art. 60, para. 2, items 2-7 and para. 3, items 1-3 of the Concessions Act
ANNEX No 11 - DECLARATION of Bidder' Independence
ANNEX No. 12 - DECLARATION OF FUNDS' ORIGIN under Art. 66, para. 2 of the Law on Measures Against Money Laundering
ANNEX No 13 - Guarantee of participation
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