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Unrevised Machine Translation
Greece-Athens: Construction work for highways, roads
Section I: Contracting authority
Main address: https://www.ggde.gr
Section II: Object
Call for expressions of interest in relation to the award of a DSCC contract, to carry out the work on “OΚ. — Study, construction, financing, operation and maintenance of the section ‘Peninsular — Naples’ with SAD.’;
Implementation of the project: “North Road Axis of Crete — Study, construction, financing, operation and maintenance of section ‘Peninsula — Naples”, with S.D.I.T.”.
Island of Crete, Greece.
Subject of the partnership agreement, it is the implementation of the project “Northern road axis of Crete — Study, construction, financing, operation and maintenance of the section “Peninsular — Naples” with SAD.”
Under the contract of association, the private partnership body is to undertake the following:
the preparation of all the studies required for the construction of the project, building on existing studies, the final design of the project which will arise during the procurement process and the environmental authorisation;
construction of all the works, provided for in the studies of the construction design of the project, and maintenance and upgrading of the parts of the design to be included in the final design;
financing of the project, as will be produced on the basis of the final design; and
maintenance — operation of the road section ‘Peninsular — Naples’ as foreseen in the definitive planning, for the entire duration of the partnership;
as well as an option, for the maintenance and operation of the ‘Naples — Agios Nikolaos section’ section, to be built with a public works contract, after delivery for service, in exchange for availability or other instalments, during the period of operation.
Description of options: The contracting authority reserves the right to enter the IKA-ETAM. operation and maintenance of other section of the Northern Road Axis of Crete (V.O.A.K.) as laid down in Decision ref DOY/οικ/5776 decision of the Minister for Infrastructure, Transport and Networks “Characterisation and Numbering Aytokinītodrómōn” (Government Gazette 253/Α.Α.Π./21.12.2015) and in particular, Section “Naples — Ág. Nikolaos”, to be manufactured in the context of a public works contract of a total length of 14,2 kilometres. The precise object and the conditions for activation of the right will be further specified in phase II of the tendering procedure. The activation of the right does not alter the overall nature of the cartel contract. The right may be exercised, in whole or in part, by notification of a decision of the contracting authority, in any case before the end of the duration of the Contract.
The competition will be carried out in accordance with Law ν.4412/2016 (adaptation to Directives 2014/24/EU and 2014/25/EU) — Government Gazette, Series I, No 148/08.08.2016) and Law ν.3389/2005 (Government Gazette, Series I, No 232/22.09.2005)).
The award procedure for this partnership comprises 2 phases:
Phase a: Expressions of interest.
B1 Phase: Dialogue.
B2: Submission of binding offers.
Section III: Legal, economic, financial and technical information
Natural or legal persons or associations of natural and/or legal persons, where they or, in the case of an association of persons, their members:
— they are installed:
a) in a Member State of the European Union (EU) or
in a Member State of the European Economic Area (EEA) or
c) in third countries that have signed and ratified the S.D.S., insofar as the award of public contract is covered by Annexes 1, 2, 4 and 5 and the General Notes to the European Union’s Appendix I to that Agreement,
third countries which do not fall under point (c) of this paragraph and which have concluded bilateral or multilateral agreements with the Union in the field of procurement procedures; and
— satisfy the criteria for qualitative selection as set out in the call for expressions of interest.
In the form of an association of persons, candidates who participate in the competition are not required to obtain a specific legal form for submitting a file of expressions of interest. During the tender procedure, however, members of an association of persons shall be jointly and severally liable towards the contracting authority for their obligations in accordance with the terms of the invitation to tender. In the case of a candidate union, the percentage of its membership will be stated in the interest file.
Offshore companies or associations of persons or natural persons residing or having their registered office or actual office or have an establishment in uncooperative States as defined in Article 65 of the Income Tax Code (n. 4172/2013 as in force) and are listed in the relevant decision of the Minister for Finance, issued in accordance with these provisions (now in Decision C 1188835 ΕΞ 2016 of the Minister of Finance — Government Gazette, Series II, No 4569/30.12.2016), they cannot participate in the competition either individually or as members of an association of persons.
The requirement of professional or trade registration:
— the candidate or, in the case of an association of persons, members of the latter must be registered in one of the professional or trade registers kept in his State of establishment. The candidate (or, in the case of an association of persons, its members), established in a Member State of the European Union, must be registered in one of the professional or trade registers kept in the Member State of establishment, as described in Annex XI of Appendix A of Law LAW 4412/2016 (GOVERNMENT GAZETTE, SERIES I, NO 147).
The Contract of Association will provide specific conditions for performance of contracts, which will indicate:
(a) to the commitment of the private partnership body to comply with obligations in the fields of environmental, social security and labour law established by European Union law, national law, collective agreements or international environmental, social security and labour law provisions, listed in Annex X in Appendix A to Law 4412/2016;
(b) the number or percentage, by category of specialisation, of the unemployed and/or persons belonging to vulnerable groups recruited for the performance of the contract; and
c) on the environmental performance of the project.
Section IV: Procedure
Section VI: Complementary information
Expressions of interest are submitted by the interested parties by electronic means, via the portal. www.promitheus.gov.gr by the National Information System (ESIDIS), up to the closing date and time specified in the invitation, in an electronic file on the subsystem.
For participating in this procedure, interested economic operators required to have digital signature issued by a certified authority providing digital signature and entered in the electronic system (E.S.Ī.DĪ.S.- Portal www.promitheus.gov.gr), in accordance with the procedure laid down in Article 5 (3) 1.2 to 1.4, of Joint Ministerial Decision No 117384/26-10-2017 (GG II 3821) on the technical questions concerning the award of public contracts for works, studies and technical and other related scientific services, using the individual tools and procedures, National Electronic Procurement System (ESIDIS).
Internet address: http://www.aepp-procurement.gr
In accordance with the provisions of book IV of Law 4412/2016, any person concerned who has, has had or has had an interest in obtaining the contract in question and who has or has been or may be injured by an enforceable act or omission by the contracting authority, in breach of European Union legislation or internal legislation, may lodge a preliminary appeal before the Authority for the Examination of Preliminary Appeals against the act or omission of the contracting authority, specifying in particular the legal and actual objections justifying its request.
Where the contracting authority acts against an instrument, the period for preliminary action shall be:
I) 10 days from notification of the contested act to the economic operator concerned, whether the transaction was notified by electronic means or fax or
(II) 15 days after notification of the contested act, if other means of communication were used, otherwise;
(III) 10 days from the actual or presumed knowledge and knowledge of the act adversely affecting the interests of the economic operator concerned. Specifically for appeals, full knowledge of this notice shall be presumed after a period of 15 days from publication in the KISA.
In the event of a failure to act, the time limit for the preliminary review shall be 15 days from the day following the date on which the contested omission was reached.
The pre-trial proceedings, and as set out in Presidential Decree 39/2017, submitted electronically, using the standard form and using the ‘communication’ functionality of the subsystem to the contracting authority, selecting “Pre-appeal” and enclosing the document in accordance with the paragraph). Article 8 of Decision No 3 JOINT MINISTERIAL DECISION 117384/26-10-2017
For the admissibility of the preliminary appeal proceedings, a fee shall be paid by the appellant in favour of the State, in accordance with Article 363 of Law 4412/2016, which shall be returned to the appellant in the event of total or partial acceptance of the application, or where, prior to the issuing of the decision of the Fisheries Operational Programme. on appeal, the contracting authority shall revoke the contested act or perform in due action.
The time allowed for the exercise of the preliminary appeal and the fact that it is lodged shall be such as to prevent the conclusion of the contract by way of penalty of invalidity established by decision of the Supreme Court of First Instance. following an appeal, in accordance with Article 368 of Law 4412/2016. For the rest, the reference for a preliminary appeal shall not prevent the competition from taking place unless interim protection measures are requested under Article 366 of Law ν.4412/2016..
The Contracting Authority, through the operation of ‘communication’:
a) notify the pre-trial proceedings to each interested party in accordance with ca. paragraph (a) of Article 365 (1) of Law 4412/2016 and point set out in paragraph (a) of the first paragraph Article 9 (1) of Presidential Decree 39/2017 and
and (b) give notice, give access to all the details of the invitation to tender and forward them to the Authority for the Examination of Appeals under the General Court of Appeal, as provided for in points (b). Article 2 (2) Article 365 (1) of Law 4412/2016, in accordance with paragraph 1 Article 9 of Presidential Decree 39/2017.
A.P.E.P.P. give a reasoned decision, on the merits of the alleged factual and legal arguments relied on by the contracting authority and, in the case of intervention, on the intervener’s claims and accepts (in full or in part), or dismisses the appeal, by a decision issued within a time-limit of 20 days from the date of examination of the appeal.
Pre-trial action is a prerequisite for seeking the legal remedies of a request for suspension and for annulment of Article 372 of Law 4412/2016, against the enforceable acts or omissions of the contracting authority.
Internet address: http://www.ggde.gr