1 Government of the Republic of Cyprus Re-development of the Larnaca Port and Marina Area MTCW/LCA1/2016 Invitation for Expressions of Interest 23 November 2016 2 CONTENTS ARTICLE 1. LEGAL FRAMEWORK OF THE PROJECT AND THE TENDER PROCESS ARTICLE 2. TABLE WITH KEY DETAILS OF THE PROJECT ARTICLE 3. INTRODUCTION – DESCRIPTION OF THE ASSET – SCOPE OF THE PROJECT – OBJECTIVES OF THE CONTRACTING AUTHORITY ARTICLE 4. OVERVIEW OF THE TENDER PROCESS ARTICLE 5. RIGHT TO PARTICIPATE IN THE TENDER PROCESS ARTICLE 6. METHOD OF SUBMISSION OF EXPRESSIONS OF INTEREST/ REQUESTS FOR EXTENSION AND/ OR CLARIFICATIONS ARTICLE 7. DRAFTING OF THE EXPRESSIONS OF INTEREST AND CONTENTS ARTICLE 8. NECESSARY REQUIREMENTS FOR PREPARING AND SUBMITTING AN EXPRESSION OF INTEREST ARTICLE 9. PRE-QUALIFICATION CRITERIA AND EXPRESSIONS OF INTEREST PROCESS ARTICLE 10. OTHER TERMS Annex A: For completion by Interested Parties - Section 1: Interested Party’s profile - Section 2: Personal Situation criteria - Section 3: Financial criteria and financial information - Section 4: Technical criteria and information Annex B: Summary of Information Memorandum 3 ARTICLE 1. LEGAL FRAMEWORK OF THE PROJECT AND THE TENDER PROCESS 1. It is envisaged that the procurement process will be conducted in two (2) phases: (i) the Invitation for Expressions of Interest phase as described in article 4(i) below; and (ii) the Invitation to Tender ("ITT") phase as described in article 4(ii) below. 2. This Process falls outside the scope of the Utilities Directive 2004/17/EC (as transposed into national law by the Co-ordination of the Procurement Procedures for the Conclusion of Contracts of Supplies, Works and Services in the Water, Energy, Transport and Postal Services Sectors and Related Matters Law 11(I)/2006). 3. The new Concessions Directive 2014/23/EU does not apply to this Process as it has not yet been implemented into Cypriot law. However, the Process will be conducted in a fair, transparent and non-discriminatory manner in accordance with the general principles of administrative Law (Law 158(I)/1999, as amended) and the relevant principles applicable under the Treaty on the Functioning of the European Union and within the spirit of the Concessions Directive 2014/23/EU. 4. Furthermore, it is noted that this process is conducted further to the provisions of the Privatisation Law 28(I)/2014. 4 ARTICLE 2. TABLE WITH THE KEY DETAILS OF THE PROJECT Par. Item 2 Tender document number . MTCW/LCA1/2016 1 2 Ministry of Transport . Communications and Works, 4 Republic of Cyprus. Contact person: Ms. Stalo Aristidou Contracting Authority Public Works Department 165, Strovolos Avenue, 2048 Nicosia, Cyprus Tel. 357 22806764 Fax. 357 22806921 Email: [email protected] 2 Available free of charge at the Details on the access to . website documents 5 www.eprocurement.gov.cy Deadline2 for the Submission of 20/01/2017 Comments/. Questions/ (the "Clarification Deadline") Recommendations6 Deadline2 for the Contracting Authority. to address Comments/ 27/01/2017 Questions/7 Recommendations 2 Deadline for the submission of 03/02/2017 at 10:00am . the Expressions of Interest (the "Closing Date") 8 2 6 months after submission of the . Expressions of Interest. 9 Period of Validity of Expressions Expressions of Interest that are of Interest declared to be valid for less than the minimum term required will be rejected as invalid. 2 Expressions of Interest must be . submitted in the English 1 language. Supporting documents Language of the Expressions of 0 drafted and submitted in any Interest other language, shall be accompanied by an official translation in English. 2 Expressions of Interest should be Method. of submission of submitted in Hard copies to the Expressions1 of Interest Tender Board of the Ministry of 1 Transport, Communications and 5 Par. Item Works, at the address: 28 Acheon Street 28 Agios Andreas Nicosia 1424 Republic of Cyprus marked for the attention of: Ms Efi Theofanous and/or Ms Anna Pitsilidou Deadline for the Contracting Authority2 to notify Interested Parties. on whether they have 03/03/2017 qualified1 for Invitation to Tender Phase2 (indicative and not binding to the Contracting Authority) 2 The Invitation to Tender phase is . expected to commence Invitation1 to Tender Phase approximately within 10 days expected3 start date from the date that the Interested Parties are notified as to whether or not they have pre-qualified. 2 The Contracting Authority . expects the selection of the 1 preferred bidder to take place 4 between 4 and 5 months from the dispatch of the Request For Selection of the preferred bidder Proposals of Invitation to Tender expected date Phase. The detailed and definitive timetable will be outlined in the Invitation to Tender Phase documentation. 6 ARTICLE 3. INTRODUCTION – DESCRIPTION OF THE ASSET – SCOPE OF THE PROJECT – OBJECTIVES OF THE CONTRACTING AUTHORITY 1. Introduction 1.1. The Ministry of Transport Communications and Work (“MTCW” or the “Contracting Authority”) of the Republic of Cyprus (“RoC”) has committed to proceed with a long term concession for the re-development and commercial exploitation of the Larnaca Port and Marina area (the “Project”), through an international competitive tender process (the “Tender Process”). 1.2. This is an invitation to potentially interested parties that are individuals, single legal entities or consortia ("Interested Parties" and each an "Interested Party") to express an interest in entering into a concession agreement with the Contracting Authority (this "Invitation"). 1.3. The purpose of this Invitation is to guide Interested Parties on the terms and conditions for the submission of an expression of interest ("Expression of Interest") and to outline the personal situation criteria ("Personal Situation Criteria"), the financial eligibility criteria ("Financial Eligibility Criteria"), and the technical eligibility criteria ("Technical Eligibility Criteria") (together the "Pre-Qualification Criteria") described below, being the basis on which Interested Parties will be selected to participate in the next phases of the procurement process as defined in Article 3. 2. Description of the Asset 2.1. The Larnaca Port and Marina Area (the “Asset”) subject to re-development, is located on the southeast coast of Cyprus at a distance of 6km from the Larnaca International Airport. The Asset is extending along the seafront of the city of Larnaca, adjacent to its center. 2.2. The Asset, comprises of a total area of approximately 510,000 sq.m, and includes the following: a. the Larnaca Marina; b. the Larnaca Port; and c. the land area, mostly unexploited, surrounding the marina and port infrastructure. 2.3. Detailed information regarding the Asset is available under Annex B - Summary Information Memorandum. 3. Scope of the Project 3.1. The scope of the Project is to develop the Asset as a mixed-use development, combining a state-of-the-art marina, a modern and functional port and a real estate development, which may include residential, tourist, retail and office uses. It is envisaged that the contractual arrangement will be in the form of a long-term concession agreement. 7 3.2. The overall objective is the successful, innovative and viable re-development of the Asset, addressing the following: a. the integrated development of the Asset, aiming at the regeneration of the wider area by increasing its attractiveness to visitors, residents, cruise passengers, marina users and the general public; b. the upgrade of the Marina facilities and thereafter their operation to the highest international standards; c. the modern and proper operation of the commercial port in order to serve the regional commercial needs of Larnaca and its hinterland taking into consideration the rest of the uses; d. the development and expansion of the cruise terminal operations; e. the transformation of the Asset to a high quality sea front. 4. Objectives of the Contracting Authority 4.1. The wider benefits sought by the Contracting Authority are summarized below: a. ensure a successful and feasible innovative redevelopment of the Asset; b. re-development of the Port so as to attract the development of the cruise market in the Eastern Mediterranean and respond to demand whilst also addressing the needs of the commercial freight activities; c. transform the Marina into a high quality recreation harbor; d. development of the Port and Marina facilities to acceptable international standards in a timely manner to match the growing needs of Cyprus’ economy; e. transfer of responsibility to the qualified Interested Party for the marketing of the Port and Marina to realize the above; f. development of the surrounding land of the existing Port and Marina aiming to transform the area to be made more attractive to cruise passengers, marina users and the general public; g. operation of the Port and Marina to the highest standards. ARTICLE 4. OVERVIEW OF THE TENDER PROCESS 1. Expressions of Interest will be evaluated by an Evaluation Committee specifically appointed by the Authority for this purpose. The recommendations of this committee will be submitted to a Specialised Board, also specifically appointed for this purpose. The Specialised Board will have the power to either approve, reject or request further clarifications on the recommendations submitted to it by the Evaluation Committee. The decisions of the Specialised Board will be the final decisions concerning the Process, against which an Interested Party may appeal to the Administrative Court in accordance with