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Tender information notice for the design, construction, financing, facility management and maintenance of three (3) prisons through a PPP

Project Sector: 
Tender Type: 
Contracting Authority: 
Submission Deadline: 
Thu, 15/05/2008
Contract award procedure: 
Tender Summary: 

TENDER INFORMATION NOTICE

DESIGN, CONSTRUCTION, FINANCING, FACILITY MANAGEMENT AND MAINTENANCE OF THREE PRISONS THROUGH A PUBLIC PRIVATE PARTNERSHIP


PART I: CONTRACTING AUTHORITY
1. Name, address, telephone and fax number, e-mail address of the Contracting Authority.
Themis Kataskevastiki S.A., Mesogeion 96, Athens, PC 11527, tel.+30 210 7728184, fax +30 7728230, email: info@themis.com.gr, website: www.themis.com.gr, Information: Mr. Ioannis Gkioulis.

Part II: DESCRIPTION
2. Name of the contract, as given by the Contracting Authority.
"Design, Construction, Financing, Facility Management and Maintenance of three Prisons, through a PPP".

3. Brief description of the contract.
The scope of the PPP contract concerns the design, construction, financing, facility management and maintenance of three prisons, (a) ATTIKI II, in Agios Ioannis Municipality of Saronikos Korinthias, (b) KENTRIKI MAKEDONIA I, in Diavata Thessalonikis and (c) THESSALIA II in Kassaveteia Volou. (the Project). A detailed description of the Project is attached to the Tender Document of Restricted Procedure - First Phase - Submission of Interest Expression. The Project is part of the strategic goals of the Ministry of Justice to upgrade the Penitentiary System of Greece, through the implementation of new prisons in a shorter period of time, with the goal of decongesting or gradually abolishing already existing ones. Their implementation through a PPP scheme (L. 3389/2005) was decided on 6.09.2006 by the Greek Inter-Ministerial PPP Committee.
The Hellenic State will use the building infrastructures and Themis Kataskevastiki S.A. will pay to the Special Purpose Societe Anonyme (SPSA) created by the SPV that will undertake this project, pursuant to L. 3389/2005, periodical availability payments, starting from the beginning of the operation of the new infrastructure and until the end of the Partnership.
The SPV that will be selected will undertake:
(a) the drawing up of all the necessary designs and documents that will be submitted during the PPP contract, along with all the necessary actions in order to secure that all the licences and permits will be issued on time for the execution or/and the maintenance of the Project.
b) The construction of the building infrastructure of the Project and the configuration of its surrounding spaces, as described analytically in the 2nd Phase of the Tender, in order to be fully available for use and operation according to their scope. 
(c) the financing of the project with equity or/and debt,
(d) the facility management and maintenance during the PPP Contract (mainly the inspection, the usual, precautionary and reparative maintenance, heavy maintenance, technical operation, usual facility management and supervision for the availability and operation of the installations and the systems of the building infrastructure and its surroundings), as described analytically in the 2nd phase of the Tender, in order to secure that the Project will be ready on time and available - according to the availability requirements as defined in the Tender Document of Restricted Procedure - 2nd Phase. The facility management and maintenance also includes the periodical renewal of elements of the equipment as described and defined in the 2nd Phase of the Tender and
(e) the insurance of the building and other installations and systems of the infrastructure that fall within the scope of the contract, during the design, the construction and the operation of the Project. 
4. Admission or prohibition of variants.
Variants are prohibited.

5. Total amount or extent.
The total budget of the availability payments of the Project, which will be paid to the Private Entity, indicatively amount to 198,000,000 euros, plus the hard facility management and insurance of infrastructures costs, which are estimated to 20% of the total budget, plus VAT.

6. Duration of the contract.
Twenty seven (27) years from the PPP Contract set in force.


PART III: LEGAL, ECONOMIC, FINANCIAL AND TECHNICAL INFORMATION.
7. Deposit and guarantees required.
No guarantee is demanded for the submission of applications of Expressing Interest. The guarantee for the participation in the second phase of the tender, as well as other guarantees shall be defined in the tender documents of the second phase.

8. Main terms concerning financing and payment and / or references to the texts in which these are contained.
The financing of the construction of the project shall be made via equity and debt raised by the Private Entity. The Project shall be implemented according to Law 3389/2005, as in force, and P.D. 60/2007 and the availability payments shall be linked to the output specification, which shall be described in the Tender Document of Restricted Procedure - Second Phase - Invitation to Submit Tenders.

9. Legal form to be taken by the grouping of economic operators to whom the contract is to be awarded.
Special Purpose Societe Anonyme (SPSA), according to article 1, paragraph 4 of Law 3389/2005. Founders and initial shareholders of the SPSA shall be exclusively the selected SPV or its members, in case of a consortium or joint venture, according to their participation percentage to the SPV.

10. Additional information.
The tender shall take place and the contract shall be awarded and implemented according to Law 3389/2005, Directive 2004/18/EC, P.D. 60/2007, Directive 89/665/EC, Law 2522/1997, P.D. 774/1980, as in force, and Law 3310/2005.

11. Entities entitled to participate.
At the tender may participate physical or legal entities, independently or in union, as long as

they or their members come from a Member State of the European Union or the European Economic Area (EEC) or from states that have signed bilateral agreements or association agreements with the European Union or have ratified the Government Procurement Agreement (GPA) under the auspices of the World Trade Organization (WTO) and
Satisfy the conditions and participation requirements as set in the Tender Documents of Restricted Procedure - First Phase - Submission of Interest Expression.

For the signing of the PPP contract the SPV must take the form of a SPSA. The scope of the SPSA will concern exclusively the implementation of the Project, while founders and initial shareholders of it will be exclusively the selected SPV or its members - in case of a consortium - according to their participation percentage, as stated during the Tender Procedure. Moreover, the SPSA may enter into agreements among others,
for the elaboration of the necessary designs, with the designers that will be stated, independently of their participation or not in the SPV scheme and, consequently, in the SPSA.
For the construction part of the Project, with the companies that will be stated to execute this part and according to their declared percentages, independently of their participation or not in the SPV scheme and, consequently, in the SPSA scheme. The above mentioned companies cannot exceed the limit of four (4), otherwise the Candidate/Contestant is excluded.
For the facility management of the building and other infrastructure of the Project, with the companies that will be stated by the Candidate/Contestant and according to their declared percentages, independently of their participation or not in the SPV Scheme and, consequently, in the SPSA scheme. The above mentioned companies cannot exceed the limit of three (3), otherwise the Candidate/Contestant is excluded.
 
Minimum requirements of the Candidates

(1) Financial adequacy and credit worthiness of the Candidate

The participants should fulfil the following minimum levels of financial adequacy and credit worthiness:

(a) The average net results before taxes of each candidate for the last three financial years must be positive. In case of a consortium, the above criterion shall be calculated as the average of the net results before taxes of the members of the consortium, weighted according to their participation percentage in the consortium.
(b) The ratio of the sum of the debt to the sum of the equity of each candidate for the last three financial years must be lower than two (2). In case of a consortium, the above criterion shall be calculated as the weighted average of the ratio of debt to equity of the consortium members, according to their participation percentage in the consortium.
(c) The average equity capital for each candidate for the last three financial years should exceed the amount of 25.000.000 euros. In case of a consortium, the above criterion shall be calculated as the weighted average of the consortium members' equity capital, according to their participation percentage in the consortium.
(d) Each Candidate should demonstrate its borrowing capacity for the implementation of the project that will be proven by the submission of a Letter of Support by a Financial Institution with a credit - rating of at least Baa3 on the Moodys scale or ΒΒΒ- on the Standard & Poors scale or the equivalent on the Fitch scale.
 
(2) Technical qualification of the Candidates

For the elaboration of the design studies:
Physical or legal entities, independently or in consortium or joint venture, which has been formed or shall be formed, as long as they or their members (in the case of consortia or joint ventures):
(a) Are registered in the Greek Register for Designers, which are mentioned in the Appendix IX C of Directive 2004/18/EC and, specifically, have the following Designer Certificates:
i)  E Class in category 06 "Architectural Design of Buildings"
ii)  E Class in category 08 "Static Design"
iii)  E Class in category 09 "Mechanical/ Electrological Design", or

(b) Come from Member State of the European Union or the European Economic Area (EEC) or from States that have ratified the Government Procurement Agreement (GPA) under the auspices of the World Trade Organization (WTO), that keep similar records with those mentioned under (a) and are registered in classes and design categories, corresponding to the ones mentioned under (a) above, or
(c) come from States as stated in (b) above, in which formal records of the previous paragraphs do not exist and are registered in Professional / Commercial Records of their countries and possess general experience corresponding to that, which derives from the Greek Designer Records, and more specifically staff with experience in the following design categories:

i) for category 06 "Architectural Design of Buildings" staff with a capacity of 12 units minimum, including at least three (3) employees [two with experience of at least twelve (12) years and one with experience of at least eight (8) years]
ii) for category 08 "Static Design", staff with a capacity of 12 units minimum, including at least three (3) employees [two with experience of at least twelve (12) years and one with experience of at least eight (8) years]
iii) for category 09 "Mechanical, Electrological and Electronic Design" staff with a capacity of 12 units minimum, including at least three (3) employees [two with experience of at least twelve (12) years and one with experience of at least eight (8) years].

The capacity of the Designers' Company staff is calculated in units as follows:
a) Designer having completed 4 years from the acquisition of the diploma: 1 unit
β) Designer having completed 8 years from the acquisition of the diploma, with experience corresponding to that: 2 units
c) Designer having completed 12 years from the acquisition of the diploma, with experience corresponding to that: 3 units.

For the construction of the Project:
Independent construction companies:
(i) Registered in the Greek Register of Construction Companies (M.E.EP.), which is kept at the General Secretariat for Public Works in the Ministry of Environment, Planning and Public Works and is mentioned in the Appendix IX A of Directive 2004/18/EC.
Or that come from Member State of the European Union or the European Economic Area (EEC) or from states that have ratified the Government Procurement Agreement (GPA) under the auspices of the World Trade Organization (WTO), in which official lists of certified construction companies exist, according to the Appendix IX A of Directive 2004/18/EC, as long as they are registered in them.
Or that come from States as stated in (b) above, in which official lists of certified construction companies do not exist, as long as they submit a certificate of Registration in the Professional / Commercial Record of their countries or in case such a certificate is not issued, an affidavit certifying this fact and also (certifying) its Registration in the abovementioned Commercial/Professional Record. In the case that the abovementioned country?s legislation does not provide for an affidavit, a relevant Solemn Declaration with the same context is submitted.
 
(ii) Average turnover in the field of constructions over the three past financial years, of at least Euros 60.000.000, from which, 20.000.000 Euros at least, in building works and 15.000.000 Euros in electro mechanical works. In the case of a consortium or joint venture, the weighed average turnover mentioned above, must exist accumulatively in the companies that are stated to undertake the constructive part of the project.

(iii) Each company and, in case of a consortium or joint venture, at least one of their members, must have constructed and concluded at least one building project (with the exemption of Logistics and industrial buildings) the building and electro mechanical works being included, of a construction value of at least Euros 15.000.000. The date of conclusion of the above-mentioned project/s must have taken place within the last five years before the submission of Interest Expression, independently of the beginning of their construction. 

(3) For the facility management of the infrastructure and the maintenance of the security systems of the Project:
(i) The companies, that will be stated to undertake the facility management of the Project must include in their Scope the services mentioned above and
(ii) at least one of those companies that will be stated, as above, must have signed and started implementing or must have concluded a contract or renewal contracts, concerning the provision of facility management and maintenance services, as described in the Tender Document of Restricted Procedure - First Phase - Submission of Interest Expression, for a minimum of  one year period, and within the last three years before the submission of Interest Expression for this Tender.
In the evoked contracts as above, the fee for the services must amount to a minimum of 700.000 per year, V.A.T. excluded. In case the contracting fee is less than 700.000 Euros, these contracts will be acceptable, as long as they concern the facility management services of building infrastructure with a total surface of at least 10.000 sq.m.

PART IV : PROCEDURE
12. Award Procedure chosen.
Restricted procedure.

13. Limitations as to the number of entities to be invited to submit tenders.
Α) Anticipated number of candidates .
Five (5), as long as an appropriate number of capable Candidates exists.
Β) Objective criteria to be used to chose that number of candidates.
According to article 19 of the Tender Document of Restricted Procedure - First Phase - Submission of Interest Expression.


14. Contract award criterion.
The most economically advantageous offer, according to art. 10 par. 1 of L. 3389/2005, art. 51 par. 1a of P.D. 60/2007 and art. 53 of the EC Directive 2004/18. The specific criteria will be described in the invitation to submit tenders (Second Phase Tender Documents).
In any case, the price criterion will be a matter of particular gravity.

15. Deadline for the receipt of applications for files or for the access to files or for clarifications.
Deadline for the receipt of the Tender Documents of Restricted Procedure - First Phase - Submission of Interest Expression: up to 10 calendar days prior the submission of Interest Expression, that is until Monday, 07.04.2008, at 14.00. Deadline for submission of questions or for clarifications: Up to 15 calendar days prior the Submission of Interest Expression, that is until Wednesday, 02.04.2008 at 14.00.

16. Name, address, telephone and fax numbers, e-mail of the agency from which the Tender Document of Restricted Procedure - First Phase - Submission of Interest Expression and further can be requested.
Themis Kataskevastiki S.A., Mesogeion 96, Athens, PC 11527, tel. +30 210 7728184, fax +30 7728230, email: info@themis.com.gr, website: www.themis.com.gr, Information: Mr. Ioannis Gkioulis.
 
17. Cost for the provision of the documents and payment terms.
300 euros for the Tender Documents of Restricted Procedure - First Phase - Submission of Interest Expression and 500 euros for the translated version of the Tender Notice and the accompanying documentation in English language.
 
18. Deadline for the submission of the interest expressions.
Friday 18.04.2008, at 12:00 o' clock.

19. Language that shall be used in the application for participation.
Greek.

20. Day of dispatch of the notice to the Commission.
30.01.2008

For THEMIS KATASKEYASTIKI S.A.

The Managing Director
Dimitrios Bakasis