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Invitation for the expression of interest "Design, Financing, Construction, Maintenance and Operation of the infrastructures of the Integrated Waste Management System in the Region of Western Macedonia through a PPP"

Tender Type: 
Contracting Authority: 
Submission Deadline: 
Thu, 03/03/2011
Contract award procedure: 
Tender Summary: 

INVITATION FOR THE EXPRESSION OF INTEREST «DESIGN, FINANCING, CONSTRUCTION, MAINTENANCE AND OPERATION OF THE INFRASTRUCTURES OF THE INTEGRATED WASTE MANAGEMENT SYSTEM IN THE REGION OF WESTERN MACEDONIA THROUGH A PPP

PART Ι: CONTRACTING AUTHORITY

1. Contracting Authority's name, address, telephone number and fax, e-mail

Solid Waste Management Company of Western Macedonia S.A. (DIADYMA S.A.) (6 th km Kozanis - Ptolemaidas - 501 00, tel.: 0030 24610-.45531, fax: 0030 24610- 45532, diadyma@hol.gr, www.diadyma.gr, Contact person: Dimosthenis Mavridis, Kostas Tsioptsias)

PART ΙΙ: DESCRIPTION

2. PPP Contract named by the Contracting Authority

«Design, Financing, Construction, Maintenance and Operation of the Infrastructures of the Integrated Waste Management System in the Region of Western Macedonia through a PPP ».

3. Description of the PPP

3.1 The subject matter of this Partnership relates to the design, finance, construction, maintenance and operation of the infrastructures of the Integrated Solid Waste Management System (ISWMS) in the Region of Western Macedonia, for a period of twenty seven (27) years through a Public Private Partnership (the " Partnership" or the " Project"). A description of the Project is attached in the Invitation of the 1st Phase - Invitation for the Expression of Interest. The Project was aligned with the provisions of Law 3389/2005, according to the decision issued on 02.08.2007 by the Interministerial Public - Private Partnerships Committee.

The Private Sector Partner (through a Special Purpose Societe Anonyme that will found) will undertake:

the drawing up of all necessary designs that will be submitted during the execution of the PPP contract, along with all the actions for the drafting of all necessary documents in order to secure that all the licences and permits will be issued on time for the execution according the applicable provisions regarding the construction, completion, operation, maintenance and facility management of the Project;
all construction works, operation and maintenance of the Solid Waste Treatment Plant (WTP) and the Landfill. The construction and operation of the SWTP shall properly meet the targets that have been set by the EU Directives and the output specifications that will be established by the Contracting Authority in the 2nd Phase of the Tender, during which the Contestants will be invited to submit data in order to prove that (a) at least two (2) same / similar to the proposed SWTP are in operation in a country / countries of the European Union, with a capacity of more than forty thousand (40.000) tones per year each one, irrespective of the entity that operates them (b) at least one (1) of the two above SWTPs is in continuous and unfailing operation for at least two (2) years within the last three (3) years. These elements will be further specified in the 2nd Phase of the Tender. The operation and maintenance throughout the entire duration of the Partnership Contract will mainly consist of the day to day operation of the whole of the infrastructure with owned means, the normal, preventative and corrective maintenance, heavy maintenance, periodical substitution / renovation of parts, sections and elements of the equipment (lifecycle cost) of the whole of the infrastructure, the day-to-day availability of the installations and systems of the SWTP, the Landfill and the Transfer Stations (TS) which are referred below, of the building facilities and of their surrounding areas as described in detail in the 2nd Phase of the Tender;
the facility management and maintenance of the existing waste supplying network towards the SWTP and the Landfill, after the operation of the SWTP and the Landfill. This network consists of ten (10) Transfer Stations (TS) and the mobile equipment of transfer (apart from the place and the equipment used for the recycling, which will stay under the responsibility and operation of DIADYMA S.A.) Nine (9) out of ten (10) Transfer Stations (TS) are already in operation (Florina, Amyntaio, Eordaia, Kastoria, Tsotyli, Siatista, Grevena, Deaskati and Servion), while the Transfer Station (TS) of Kozani, will be constructed by the Private Sector Partner (PSP), during this Project;
financing for the Project using equity and/or loan capital;
the insurance of the buildings and other installations and systems of the infrastructure that fall within the scope of the Partnership Contract, during the design, the construction and the operation of the Project;
commercial exploitation of the SWTP's  end products (e.g. recyclable materials, biogas, RDF, SRF, etc).
3.2 Since at this phase certain actions are taken by the Contracting Authority regarding the exact capacity of the SWTP is likely some changes to be entailed in the physical object of the project. Therefore, the Contracting Authority reserves the right for further specialization and accurate determination of the physical object of this Project in the sense of increasing this to be possibly better adapted to the needs of the project. This change may be to increase the capacity of SWTP, which was initially estimated at 120,000 tonnes during the first year of operation. The decisions of the Contracting Authority regarding this change and the relevant possible change in the budget of the Project will be taken on time and will be communicated to Candidates no later than the publication of the Invitation of the 2 nd Phase of the Tender and other documents that will be attached to it .

4. Submission of alternative bids

It is not permitted the submission of alternative bids.

5. Budget - Financing

The total budget of the Project?s availability payments to be made to the Private Sector Partner, has been indicatively estimated at net present value with the base year being 2007, at the amount of ? 116,400,000 plus VAT including the cost of insurance and heavy maintenance. In case that the Contracting Authority makes use of its right to increase the physical object of the Project, (see paragraph 3.2 above), the corresponding change (increase) in the budget will not exceed the 25% of the initial budget.

6. PPP duration

Twenty seven (27) years since the Partnership Contract comes into effect, pursuant to what will be more specifically stipulated in the tender documents of the 2nd Phase and especially in the Draft Partnership Contract.

PART ΙΙΙ: LEGAL, FINANCIAL AND TECHNICAL INFORMATION

7. Guarantees

No guarantee is demanded for the submission of the expression of interest application.

8. Main financial and payment conditions or/and reference to the relevant provisions

The financing of the Project?s construction will consist of equity and/or loans of the Private Sector Partner in accordance with the provisions of Law 3389/1005, as in force, and the specific provisions of the Partnership Contract would be concluded. Given that recently a financing agreement between the Greek Government and the European Investment Bank has been signed for the creation of the Fund Portfolio JESSICA (Joint European Support for Sustainable Investment in City Areas) through which activities for urban renovation and effective waste management may be financed, the Interested Parties can examine with their own responsibility, the possibility / feasibility / eligibility for funding from the (same and / or borrowed funds) construction project from this fund portfolio. The Contracting Authority will make to the Special Purpose Societe Anonyme (SPSA), which the Private Sector Partner must establish according to Law 3389/2005, periodical availability payments through the Public Investments Program. The availability payments will be linked to the availability criteria and the operation specifications, which will be included in the tender documents of the 2nd Phase, as well as the achievement of the goals, set by the National and European Community Legislation.

9. Legal form of the Private Sector Partner which will be entered into the Partnership Contract

Special Purpose Societe Anonyme (SPSA) according to article 1 paragraph 4 of Law 3389/2005. SPSA founders ? initial shareholders will be exclusively the Private Sector Partner or its Members (in the case of a Union of Entities), according to the participation share (percentage) in the Candidate. Furthermore, the SPSA will be able to establish contracts, among others:

for preparing the necessary designs with the design engineers that were appointed to carry out these designs, regardless of whether or not they participate in the PSP and, therefore in SPSA or they collaborate with it,
for the construction of the Project, with the contracting companies which were appointed to carry out the construction of the Project and in the percentages specified, regardless of whether or not they participate in the PSP and, therefore in SPSA or they collaborate with it,
for the operation and maintenance of the Project which form the subject matter of the Partnership, with the companies which were appointed to provide these services and in the percentages specified, regardless of whether or not they participate in the PSP and, therefore in the SPSA, or they collaborate with it,
for the technology provision of the SWTP with the enterprises which will be stated, according to the requirements specified in the 2nd Phase of the Tender, that they will provide the technology of the SWTP, irrespective of whether or not they participate in the PSP and, therefore in the SPSA, or collaborate with it.
The abovementioned contracts will be approved by the Contracting Authority, in accordance to the more specific provisions of the Invitation to the 2nd Phase and of the other information documents accompanying it.

10. Additional information

The Tender shall be conducted and the contract shall be awarded in accordance with, inter alia, the provisions of Law 3389/2005, the Directive 2004/18/EC, the Presidential Decree 60/2007, the Directive 89/665/EC, the Law 3886/2010, the Presidential Decree 774/1980, as in force.

11. Eligibility for participation

Natural or legal persons may participate in the Tender, individually or in a Union of Entities, which are not required to have a specific legal form provided that:

(a) they or their Members originate from Member States of the European Union (EU) or European Economic Area (EEA) or from states which have signed bilateral agreements or association agreements with the EU or have validated the Government Procurement Agreement (G.P.A.) of the Word Trade Organization (W.T.O.) and

(b) they meet the minimum qualifications of Financial Capacity, Creditworthiness and Technical Capacity, as described in the Invitation of 1st Phase ? Invitation for the Expression of Interest.

Minimum qualifications for the participation of the Candidate

(1) Candidate?s Financial Capacity and Creditworthiness

The Candidate must satisfy cumulatively the minimum conditions of financial capacity and creditworthiness as follows:

(a) the average of the Results Before Taxes of the Candidate for the last three (3) fiscal years must be positive. In the case of a Union of Entities, the weighted average of Results Before Taxes for the last three (3) fiscal years of each member will be taken into account, on the basis of the participation share of each Member in the Union of Entities,

(b) the average Equity of each Candidate for the last three (3) fiscal years must be greater that ten million euro (?10,000,000). In the case of a Union of Entities, the weighted average Equity for the last three (3) fiscal years period of each member will be taken into account, on the basis of the participation share of each Member in the Union of Entities.

(c) the creditworthiness for the implementation of the Project proven with the submission of a financing support letter by a credit institution operating in European Union.

(2) Candidate's Technical Capacity

(a) For the design procedure:

If the Design engineers are Greek, they must be registered at the Greek Design Engineers or Design Engineering Companies Register, which are mentioned in Annex IX C of Directive 2004/18/EC and must specifically hold the following design engineering degrees:

(i) C Class or above in category 18 "Chemical Engineering Designs"

(ii) D Class or above in category 9 "Mechanical, Electrical and Electronic Designs"

(iii) C Class or above in category 27 "Environmental Studies"

(iv) B Class or above in category 6 "Architectural designs of building projects"

(v) C Class or above in category 21 "Geotechnical studies and researches"

(vi) B Class or above in category 8 "Statics"

If the design engineers originate from EU or EEA member states or Countries that have validated the Government Procurement Agreement (GPA) of the World Trade Organisation (WTO) and which keep registers similar to those mentioned above, they must be registered in design engineering branches and categories corresponding to those mentioned above,

If the design engineers originate from EU or EEA member states or Countries that have validated the Government Procurement Agreement (GPA) of the World Trade Organisation (WTO) and which do not keep registers similar to those mentioned in the previous paragraphs, and they are registered in professional / commercial registers of their Country of establishment, they must have a general experience similar to that resulting from inclusion in the Greek Design Engineers or Design Engineering Companies Register, i.e. staff members with experience in the corresponding categories as follows:

(i) in category 18 "Chemical engineering designs", a least 3 staff units,

(ii) in category 9 "Mechanical, Electrical and Electronic designs", at least 7 staff units,

(iii) in category 27 "Environmental studies", at least 3 staff units.

(iv) in category 6 "Architectural designs of building projects" at least 2 staff units

(v) in category 21 "Geotechnical studies and researches" at least 3 staff units

(vi) in category 8 "Statics" at least 2 staff units.

(b) For the Project"s construction:

(i) In the case of a Greek construction company, it should be registered in the Constructing Companies Register held at the General Secretariat of Public Works of the Ministry of Infrastructure, Transport and Networks and mentioned in Annex IX A of Directive 2004/18/EC.

In the case of a construction company originating from an EU or EEA member state of or from a country which has signed the GPA of the WTO and where official lists of recognised constructors are kept in accordance with Annex IX A of Directive 2004/18/EC, it should be registered in these lists.

In the case of construction company originating from an EU or EEA member states or from a country which has signed the GPA of the WTO and where official lists of recognised constructors are not kept, it should be registered in a professional / commercial register of this Country of establishment and it should carried out similar projects as the present one in qualitative and quantitative terms.

(ii) The construction company must have an average turnover of at least ten million euro (10.000.000 ?) over the last three (3) fiscal years. If several companies participate, the above minimum levels of average turnover must be achieved cumulatively by the construction companies witch are to undertake the Project?s construction.

(iii) Each construction company or, in the case where several construction companies, participate, they must have constructed and completed at least one Solid Waste Treatment Plant, with a construction budget of at least ten million euro (?10.000.000) at 01/01/2011 prices or at a capacity of at least forth thousand (40.000) tones per year. For the purposes of the present paragraph, Solid Waste Treatment Plant is the treatment plant of mixed solid wastes (treatment plant of exclusively pre-selected material from separation at source can be a part of the SWTP but not the whole SWTP) that consists of all systems, equipment (indicatively mechanical separation systems, composting systems, pretreatment and antipollution systems, energy utilization etc) building facilities and the relevant infrastructure, where mechanical physical, thermal, chemical or biological treatment technologies are applied that alter the characteristics of the solid waste. The aim of this plant is to minimize the volume or/and the weight and the biodegradability of the waste for landfilling to reduce the hazardous substances of the waste and to minimize the environmental impacts from the disposal of treated waste.

(c) For the operation and the maintenance of the Project

Enterprises undertaking the operation and maintenance of the Project must have signed and be implementing or have completed, within the last three years prior the deadline for submitting the application for the expression of interest in this Tender, a contract or renewed contracts with duration of at least one (1) year with the following objects:

(i) the operation and maintenance of Solid Waste Treatment Plant, as defined in 11.2 (b) item iii above, with a capacity of at least forty thousand (40.000) tones per year.

(ii) the operation of Landfill, with a capacity at least of fifteen thousand (15.000) tones per year.

PART IV: TENDER PROCEDURE

12. Type of Tender procedure

Restricted procedure.

13. Restrictions regarding the number of the preselected Candidates, who will be invited to participate in the 2nd Phase

Α) Number of pre - selected Candidates

Six (6), provided that there will be a sufficient number of suitable Candidates.

Β) Pre - selected criteria

According to article 17 Invitation of the 1st Phase - Invitation for the Expression of Interest.

14. Criterion for the Partnership Contract award

The ?most financially advantageous tender? in accordance with article 10 para. (1) of Law 3389/2005, article 53 of Directive 2004/18/EC and paragraph 1a, article 51 of Presidential Decree 60/2007. The more specific criteria will be included in the Invitation for the 2nd Phase. In any case, the criterion of price shall bear particular weight.

15. Deadline for Collection of pre-selection information documents

The Interested Parties can receive this Invitation for Expression of Interest from the Contracting Authority up to fifteen (15) calendar days prior to the submission deadline for the applications for the expression of interest.

The Interested Parties are able to receive complementary information or clarifications pertaining to this Invitation by submitting questions in writing to the Contracting Authority at no later than ten (10) calendar days prior to the deadline for the submission of applications for the expression of interest.

16. Name, address, telephone number and fax, e-mail, of the service that is charged to provide the Invitation for the Expression of Interest and further information

Solid Waste Management Company of Western Macedonia S.A. (DIADYMA S.A.) (16th km Kozanis - Ptolemaidas - 501 00, tel.: 0030 24610 - 45531, fax: 0030 24610 - 45532, diadyma@hol.gr, www.diadyma.gr, Contact person: Dimosthenis Mavridis, Kostas Tsioptsias

17. Cost of Invitation for the Expression of Interest

? 500 for the Greek text, ? 650 for the English text.

18. Deadline for the submission of the applications for the expression of interest

Thursday, March 3, 2011 at 12:00 noon, at offices of Solid Waste Management Company of Western Macedonia S.A. (DIADYMA S.A.) (16th km Kozanis - Ptolemaidas - 501 00, tel.: 0030 24610 - 45531, fax: 0030 24610 - 45532., diadyma@hol.gr, www.diadyma.gr, Contact person: Dimosthenis Mavridis, Kostas Tsioptsias)

19. Language of the applications for the eexpression of iinterest

Greek

20. Date that the Invitation was sent to the Commission.

January 5, 2011