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Documentation for the Concession Amended with Decision № РК-5

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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 2 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. 3 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 5
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