Services - 410600-2015

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21/11/2015    S226

Luxembourg-Luxembourg: BEI - Assistance juridique pour le projet ABU TARTOUR PORT

2015/S 226-410600

SERVICE PROCUREMENT NOTICE

Location: EGYPT

 1.Reference code

TA2015040 EG NIF
 2.Procedure

International restricted tender
 3.Programme

Neighbourhood Investment Facility (NIF), through the Fostering EU-policy implementation through PPP Project Preparation “MED 5P Initiative”
 4.Financing

Neighbourhood Investment Facility (NIF)
 5.Contracting Authority

European Investment Bank, 98-100, boulevard Konrad Adenauer, L-2950, Luxembourg, Grand Duchy of Luxembourg, http://www.eib.org/about/procurement/calls-technical-assistance/ta2015040.htm


CONTRACT SPECIFICATION

6.Nature of contract
Global price
7.Contract description
The overall objective of the TA operation is to support, in collaboration with IFC, the Government of Egypt through the PPP Central Unit (“PPPCU”) of the Ministry of Finance (MOF) and the Ministry of Foreign Trade and Industry (MTI) in attracting private sector participation for the expansion of the Abu Tartour Port and development of industrial facilities via PPP.
The purpose of the TA operation is to:
- Undertake a legal, regulatory and taxation assessment of the Project;
- Review the legal and institutional climate and existing frameworks of the Project in order to enable private sector to construct, finance, operate and manage additional facilities in ATP;
- Design and recommend potential legal structures suitable for private sector participation;
- Prepare the Project tender documentation;
- Prepare Project contractual agreements; and
- Provide legal support during the entire Technical Assistance period up to financial closing.
The expected results of the TA are:
- Phase 1: Due Diligence and Preparation of Transaction Structure,
- Phase 2: Tender Process and Transaction Implementation.
8.Number and titles of lots
Not applicable.
9.Maximum budget
EUR 643,500
10.Scope for additional services
The Contracting Authority may, at its own discretion and subject to the availability of funding, extend the scope and duration of the project to cover complementary and/or additional services.
In case of complementary services, the extension shall be up to a maximum not exceeding 50% of the initial contract value. In case of additional services, such extension shall be up to a maximum not exceeding the length and value of the initial contract.
Any extension of the contract would be subject to satisfactory performance by the Contractor.


CONDITIONS OF PARTICIPATION

11.Eligibility
Participation is open to all legal persons - participating either individually or in a grouping (consortium) of candidates - which are established in a Member State of the European Union (Austria, Belgium, Bulgaria, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom) or in a country or territory of the regions covered (Algeria, Armenia, Azerbaijan, Belarus, Egypt, Georgia, Israel, Jordan, Lebanon, Libya, Moldova, Morocco, Palestinian Authority of the West Bank and Gaza Strip, Russian Federation, Syria, Tunisia, Ukraine) and/or authorised (countries that are beneficiaries of the Instrument for Pre-Accession Assistance (IPA) set up by Council Regulation (EC) No 1085/2006 of 17 July 2006 (Croatia, Former Yugoslav Republic of Macedonia, Turkey, Albania, Bosnia, Montenegro and Serbia, including Kosovo) and EEA Member States (Iceland, Liechtenstein, Norway)) by the specific instruments applicable to the programme under which the contract is financed (see also item 30 below). Participation is also open to international organisations. The participation of natural persons is governed by the specific instruments applicable to the programme under which the contract is financed.
12.Candidature
All eligible natural and legal persons (as per item 11 above) or groupings of such persons (consortia) may apply.
A consortium may be a permanent, legally-established grouping, or a grouping which has been constituted informally for a specific tender procedure. All members of a consortium (i.e., the leader and all other members) are jointly and severally liable to the Contracting Authority.
The participation of an ineligible natural or legal person (as per item 11) will result in the automatic exclusion of that person. In particular, if that ineligible person belongs to a consortium, the whole consortium will be excluded.
13.Number of applications
No more than one application can be submitted by a natural or legal person whatever the form of participation (as an individual legal entity or as leader or member of a consortium submitting an application). In the event that a natural or legal person submits more than one application, all applications in which that person has participated will be excluded.
14.Shortlist alliances prohibited
Any tenders received from tenderers comprising firms other than those mentioned in the short-listed application forms will be excluded from this restricted tender procedure. Short-listed candidates may not form alliances or subcontract to each other for the contract in question.
15.Grounds for exclusion
As part of the application form, candidates must submit a signed declaration, included in the standard application form, to the effect that they are not in any of the exclusion situations listed in Section 2.3.3 of the Practical Guide to contract procedures for EC external actions.
16.Sub-contracting
Sub-contracting is allowed, up to a maximum of 30% of the initial contract value.
17.Number of candidates to be short-listed
On the basis of the applications received, between 4 and 8 candidates will be invited to submit detailed tenders for this contract. If the number of eligible candidates meeting the selection criteria is less than the minimum of 4, the Contracting Authority may invite the candidates who satisfy the criteria to submit a tender.


PROVISIONAL TIMETABLE

18.Provisional date of invitation to tender
January 2016
19.Provisional commencement date of the contract
March 2016
20.Initial period of implementation of tasks and possible extension of the contract
The initial period of execution of the contract shall be of 20 months. This period may be extended, with the prior approval of the Contracting Authority. See also item 10 above.


SELECTION AND AWARD CRITERIA

21.Selection criteria
The following selection criteria will be applied to candidates. In the case of applications submitted by a consortium, these selection criteria will be applied to the consortium as a whole:
Legal persons:
1) Economic and financial capacity of candidate (based on item 3 of the application form). In case of applicant being a public body, equivalent information should be provided.
(a) The annual turnover {if the candidate is an individual company) or the average annual turnover (if the candidate is a consortium) of the candidate must be of at least EUR 700,000 for each of the last two years for which accounts have been closed. Note to candidates: In the application form, please make sure to include the actual year for which the data is provided
2) Professional capacity of candidate (based on items 4 and 5 of the application form)
Legal persons:
(a) The number of the permanent staff of the candidate (individual company or consortium overall) currently working in fields related to this contract (as they are described in item 7 – “Contract Description" above), must be at least 4 for each of the last three years (2012, 2013 and 2014). Note to candidates: In the application form, please make sure to include the actual year for which the data is provided
(b) For each of the last three years (2012, 2013 and 2014) at least 20% of overall number of staff of the candidate (individual company or consortium overall) working in the fields related to this contract are permanent.
3) Technical capacity of candidate (based on items 5 and 6 of the application form)
Legal persons:
(a) The candidate (individual company or consortium altogether) has provided PPP legal and tax due diligence services in at least 2 port projects structured as public-private partnerships (PPPs), during the last 5 years (January 2010 up to the deadline for the receipt of applications indicated under item 23 below), In each project referenced, the value of the services provided should have a minimum value of EUR 200,000 equivalent. If the services were provided as a part of a consortium, the value of the services provided by the candidate should be at least 50% of the value of the services provided by the consortium.
(b) The candidate (individual company or consortium altogether) has provided each of the following services:
i. preparation of PPP tender documentation and drafting of PPP project contractual agreements;
ii. provision of support to the public sector promoter during the PPP tender process;
during the last 5 years (January 2010 up to the deadline for the receipt of applications indicated under item 23 below), in at least 2 port projects under PPP structures. In each project referenced, the value of the services provided should have a minimum value of EUR 300,000 equivalent. If the services were provided as a part of a consortium, the value of the services provided by the candidate should be at least 50% of the value of the services provided by the consortium
(c) The candidate (individual company or consortium altogether) has provided PPP legal support to the public sector promoter in at least 2 infrastructure projects in Egypt during the last 5 years January (2010 up to the deadline for the receipt of applications indicated under item 23 below).
Note to candidates: the projects referenced must have been completed before the deadline for the submission of applications. Where the projects referenced have been implemented by consortia comprising two or more of the members now associated as a consortium for this tender procedure, their respective percentages shall be added together, in order for the application to be assessed on the basis o f the consortium as a whole
An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It must in that case prove to the Contracting Authority that it will have at its disposal the resources necessary for performance of the contract, for example by producing an undertaking on the part of those entities to place those resources at its disposal. Such entities, for instance the parent company of the economic operator, must respect the same rules of eligibility and notably that of nationality, as the economic operator.
If more than 8 eligible candidates meet the above selection criteria, the relative strengths and weaknesses of the applications of these candidates must be reexamined to identify the eight best applications for the tender procedure. The only factors which will be taken into consideration during this re-examination are, in order of precedence:
1) The number of projects brought as reference which comply with the requirements of criterion 3(a) above.
2) The number of projects brought as reference which comply with the requirements of criterion 3(b) above.
22.Award criteria
Best value for money.


APPLICATION

23.Deadline for receipt of applications
The applications must be received by the Contracting Authority no later than 17:00 hrs. CET on 08/01/2016.
Any application received after this deadline will not be considered.
24.Application format and details to be provided

Applications must be submitted using the standard application form (available at the following EIB web page: http://www.eib.org/about/procurement/technical-assistance.htm), whose format and instructions must be strictly observed.

Any additional documentation (brochure, letter, etc) sent with an application will not be taken into consideration.
25.How applications may be submitted
Applications must be submitted in English exclusively to the Contracting Authority:
• EITHER by recorded delivery (official postal service) to:
European Investment Bank (EIB), Mr Stefan Kerpen, Head of unit, Consultant Procurement and Contract Management, SG/AS/CPCM, 100 boulevard Konrad Adenauer, L-2950 Luxembourg
• OR hand delivered (including courier services) to:
European Investment Bank (EIB), Mr Stefan Kerpen, Head of unit, Consultant Procurement and Contract Management, SG/AS/CPCM, 100 boulevard Konrad Adenauer, L-2950 Luxembourg
The Contract title and the Reference code (see item 1 above) must be clearly marked on the envelope containing the application and must always be mentioned in all subsequent correspondence with the Contracting Authority.
Applications submitted by any other means will not be considered.
26.Alteration or withdrawal of applications
Candidates may alter or withdraw their applications by written notification prior to the deadline for submission of applications. No application may be altered after this deadline.
Any such notification of alteration or withdrawal shall be prepared and submitted in accordance with Item 25. The outer envelope (and the relevant inner envelope if used) must be marked 'Alteration' or 'Withdrawal' as appropriate.
27.Operational language
All written communications for this tender procedure and contract must be in English.
28.Additional information
This tender procedure is launched with “suspension clause”. This entails that the award of the contract is subject to the conclusion of the cooperation agreement with the Promoter(s) and IFC.
The candidates interested in participating in this tender procedure must be fully aware that in no event shall the Contracting Authority be liable for any damages whatsoever including, without limitation, damages for loss of profits / costs incurred by applicant in preparing and submitting his application, in any way connected with the cancellation of the tender procedure on the ground of the “suspension clause” even if the Contracting Authority has been advised of the possibility of damages.
As such, by submitting their application, the candidate accepts in full the use of the “suspension clause” in this tender procedure as well as its possible consequences.
29.Date of publication of contract forecast
04/08/2015
30.Legal basis
Regulation (EC) no.1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument.