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France-Toulouse: Port and waterway operation services and associated services
Section I: Contracting authority/entity
Main address: http://www.laregion.fr
Address of the buyer profile: https://marchespublics.laregion.fr/
Section II: Object
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
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.
Port of Port-la-Nouvelle.
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
The duration of the concession will be 480 months from 1.5.2021.
Section III: Legal, economic, financial and technical information
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
Applicants are invited to refer to the consultation rules.
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.
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.
Section IV: Procedure
Section VI: Complementary 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.
Internet address: http://montpellier.tribunal-administratif.fr/
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.