Services - 458411-2019

30/09/2019    S188    Services - Services concession - Concession award procedure 

France-Toulouse: Port and waterway operation services and associated services

2019/S 188-458411

Concession notice

Services

Legal Basis:

Directive 2014/23/EU

Section I: Contracting authority/entity

I.1)Name and addresses
Official name: Occitanie Region
Postal address: 22 boulevard du Maréchal Juin
Town: Toulouse Cedex 9
NUTS code: FRJ23
Postal code: 31406
Country: France
Contact person: Public Contracts and Purchasing Department
E-mail: commandepublique@laregion.fr
Telephone: +33 467226308

Internet address(es):

Main address: http://www.laregion.fr

Address of the buyer profile: https://marchespublics.laregion.fr/

I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://marchespublics.laregion.fr/
Additional information can be obtained from the abovementioned address
Applications or, where applicable, tenders must be submitted electronically via: https://marchespublics.laregion.fr/
Applications or, where applicable, tenders must be submitted to the following address:
Official name: Occitanie Region
Postal address: Escpace Capdeville 417 rue Samuel Morse
Town: Montpellier Cedex 2
Postal code: 34064
Country: France
Contact person: Public Contracts and Purchasing Department, at the attention of Mrs Carole Delga, President
Telephone: +33 467226308
E-mail: commandepublique@laregion.fr
NUTS code: FRJ13

Internet address(es):

Main address: http://www.laregion.fr

Address of the buyer profile: https://marchespublics.laregion.fr/

I.4)Type of the contracting authority
Regional or local authority
I.5)Main activity
General public services

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Public Service Concession for Land and Business Development, Operation and Management of the Commercial Port of Port-La Nouvelle, through the Creation of a Dedicated SEMOP

Reference number: SEMOPPLN
II.1.2)Main CPV code
63721000
II.1.3)Type of contract
Services
II.1.4)Short description:

This consultation includes both selection of 1 (or more) economic operator(s) for a future SEMOP (single-purpose semi-public company) and also a public service concession contract with the new SEMOP for land and business development, operation and management of the Port-la-Nouvelle commercial port. The procedure has been initiated by the Occitanie Region, in accordance with the provisions of the Public Procurement Code (CCP), notably Article R. 3121-5 of the said Code. This concession procedure is also governed by Articles L. 1541-1 et seq. of the General Local Authorities Code (CGCT). The contract is based on a public service concession, it being specified that this includes execution of works but with a major weighting towards services.

II.1.5)Estimated total value
Value excluding VAT: 815 608 238.00 EUR
II.1.6)Information about lots
This concession is divided into lots: no
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)
63721000
63721200
II.2.3)Place of performance
NUTS code: FRJ11
Main site or place of performance:

Port of Port-la-Nouvelle.

II.2.4)Description of the procurement:

The main missions entrusted to the concession holder are as follows:

— land development: implementation of the port extension project as well as the design, construction and financing of port infrastructure,

— operation, management and business development: technical and commercial operation of the public service, the commercial, industrial and logistics development of the Port, improvement of the public area under concession, maintenance and upkeep of existing or new infrastructure and superstructures, management, cleaning and maintenance of the surface and bed of the water body, implementation of measures required to guarantee the safety and security of the installations.

A precise and exhaustive description of the services is mentioned in the consultation documents accessible via the buyer profile: https: //marchespublics.laregion.fr

II.2.5)Award criteria
Concession is awarded on the basis of the criteria described below:
  • Criterion: Quality of the development and operation project (40 %)
  • Criterion: Financial and legal quality (30 %)
  • Criterion: Environmental and social quality (20 %)
  • Criterion: Quality of services provided to users (10 %)
II.2.6)Estimated value
Value excluding VAT: 815 608 238.00 EUR
II.2.7)Duration of the concession
Duration in months: 480
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

The duration of the concession will be 480 months from 1.5.2021.

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation
III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions, indication of information and documentation required:

In view of the limits on the mandatory form of the number of characters available, a consultation file including the consultation rules is available at: https://marchespublics.laregion.fr

III.1.2)Economic and financial standing
List and brief description of selection criteria, indication of information and documentation required:

Applicants are invited to refer to the consultation rules.

III.1.3)Technical and professional ability
List and brief description of selection criteria, indication of information and documentation required:

Applicants are invited to refer to the consultation rules.

Minimum level(s) of standards possibly required:

Consortium applications are accepted. The composition of the consortium may not be changed during the consultation. An economic operator part of a consortium may not submit a tender as part of another consortium or as an individual candidate.

III.1.5)Information about reserved concessions
III.2)Conditions related to the concession
III.2.1)Information about a particular profession
III.2.2)Concession performance conditions:

The concession contract will be concluded with a SEMOP (single-purpose semi-public company). The capital of this company, currently valued at 45 000 000 GBP, will be held by the Region to a minimum level of 34 % and by an economic operator selected at the end of this call for competition to a maximum of 51 %, in accordance with the provisions of Article L. 1541-2 of the CGCT, and also by the Caisse des dépôts et consignations as a financial ‘Third Party Investor’, subject to validation by its internal committee, to a maximum of 15 % and pari passu with the economic operator with regard to any quasi equity.

III.2.3)Information about staff responsible for the performance of the concession

Section IV: Procedure

IV.2)Administrative information
IV.2.2)Time limit for submission of applications or receipt of tenders
Date: 13/03/2020
Local time: 16:00
IV.2.4)Languages in which tenders or requests to participate may be submitted:
French

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about electronic workflows
VI.3)Additional information:

The Region may provide an investment grant which may not exceed 34 % of the total amount of investments for which the SEMOP is responsible, with a ceiling limit of 150 000 000 EUR. Applicants may also request payment of an annual and flat-rate operating grant to compensate for specific, duly identified and justified constraints on the operation of the public service. The concessionaire will pay the Region an operating fee comprising a fixed part set at 300 000 EUR excluding tax and a variable part, to be proposed by the bidders, indexed to turnover. The SEMOP will also contribute, through an annual flat-rate contribution, to dredging costs of up to 590 000 EUR excluding VAT indexed to the TP01 index.

The procedures for submitting applications and tenders are set out in the consultation documents.

Sealed envelopes containing applications and offers may be sent by post with acknowledgement of receipt, or delivered against receipt to the Region. Candidates may also submit their documents electronically on the contracting authority's buyer profile. If an application is incomplete, the Region may, in accordance with Article R. 3123-20 of the CCP, request the applicant to provide any missing document(s) within a time limit that it shall freely determine. Any file received after the deadline for receipt of applications and tenders set out in Section IV.2.2) will not be opened and will be returned to its sender. In view of the limits on the mandatory form of the number of characters available, a consultation file including the consultation rules and the SEMOP preliminary document is available at the following address: https://marchespublics.laregion.fr

It is the candidates' responsibility to read it. This notice is published in the J.O.U.E.; B.O.A.A.M.P, Le Marin, in compliance with Article R. 3122-2 of the CCP (date of submission of the publication to the JOUE, (Official Gazette): 25.9.2019). Some documents are in English (RC, SEMOP Preliminary Document, draft contract (excluding annexes), SEMOP draft statutes and shareholders' agreement) and will be made available to candidates as soon as possible.

VI.4)Procedures for review
VI.4.1)Review body
Official name: Montpellier Administrative Court
Postal address: 6 rue Pitot
Town: Montpellier Cedex 2
Postal code: 34063
Country: France
E-mail: greffe.ta-montpellier@juradm.fr
Telephone: +33 467548100

Internet address: http://montpellier.tribunal-administratif.fr/

VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Clarification of the time limits for registering appeals:

The present consultation may be the subject of the following appeals:

— pre-contract appeal under summary proceedings, up until the conclusion of the public service concession contract (Articles L. 551-1 et seq. of the Administrative Justice Code),

— contract under summary proceedings: within 31 days of the publication of a contract award notice or, in the absence of such a notice, within 6 months from the day after the signature of the public service concession contract (Articles L. 551-13 et seq. of the Administrative Justice Code and Article R. 551-7 of the Administrative Justice Code),

— appeal against the validity of the contract, accompanied, where appropriate, by claims for compensation: within 2 months of the publication by the Occitanie Region of the contract award notice.

VI.4.4)Service from which information about the review procedure may be obtained
Official name: Administrative Court of Montpellier
Postal address: 6 rue Pitot
Town: Montpellier
Postal code: 34063
Country: France
E-mail: greffe.ta-montpellier@juradm.fr
Telephone: +33 467548100

Internet address: http://montpellier.tribunal-administratif.fr/

VI.5)Date of dispatch of this notice:
25/09/2019