Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694844091588.pdf (Malta)
IT-TNAX-IL LEGIZLATURA P.L.

3949 Dokument imqieghed fuq il-Mejda tal-Karma tad-Deputati fis-Seduta Numru 211 tal-l ta' Di cern bru 2 0 14 mill-Ministru ghat-Trasport u 1-Infrastruttura.
Raymond Scicluna Skrivan tal-Karma 1 Background 1.1 1.2 1.3 The Authority for Transport in Malta (hereinafter referred to as the "Authority") entered into an exclusive public service concession agreement with a private bus operator following a competitive tendering process on the 20th November 2010, for the provision of Scheduled Bus Services in Malta and Gozo for 10 years starting on the 3rd July 2011.
This concession agreement specified the basic network which had to be serviced by the bus operator, together with maximum fares for different categories of users, including reduced fares for old age pensioners, disabled persons, children and students.

As a public service concession, the risks inherent in the prov1s1on of Scheduled Bus Services were completely transferred to the bus operator.
Since the concession included public service obligations as defined in Regulation (EC) 1370/2007 relating to maximum fares chargeable, special concession fares, and a minimum route network, there was the need for a subsidy to compensate for the social aspect of the route network and reduced concessionary fares.

For this purpose, the concession agreement provided for a public service compensation payable monthly to the bus operator.
1.4 The concession agreement includes other aspects of the service delivery, includ ing the bus fleet, maintenance of infrastructure, electronic solutions and other equipment, and the provision of information to passengers and to the Authority.
2 Current Situation Following a mutual agreement between the Authority and the bus operator, the Government of Malta acquired 100% of the shares in the company operating the concession agreement on the 2"d January 2014 and which company is now called Malta Public Transport Services (Operations) Limited (hereinafter referred to as the "Operating Company" ) with its registered office at Mdina Road, Qormi QRM9010 and bearing registration number C48875.
A draft copy of the financial statements of the Operating Company for the year ended 31st December 2013 together with the list of assets and liabilities of the Operating Company, will be made available throughout the clarification process.
3 Objective 3.1 The objective of this Expression of Interest is for interested parties to submit offers to acquire the exclusive concession rights to operate the Scheduled Bus Services in Malta and Gozo for the remaining term of the concession (that is until the 2"d July 2021), with the immediate option to extend this by to 10 r;y-... ~...-.€ pre~~ years or 15 years.
This offer can take the form of any of the following : a) arLoffer to acquire the Operating Company including all its assets and liabilitiesi b:.dder ( -e..ueluat~~~, b) an offer to acquire the exclusive concession rights to operate the services in their entirety (ie.

the entire_ route network specified in Section 4 of this Notice) including the assets of the Operating Company; or ~ ....
Page 2 of 25 c) to operate a group of routes as explained in Section 4 of this Notice with the option to also acquire some--or all of the assets of the Operating Company.

When evaluating the submissions, preference will first be given to the submissions received in the order of priority as indicated above starting with paragraph (a) and ending with paragraph (c) .
Therefore sh..f>uld the Authority be satisfied with the submissions received under the first option (paragraph {a) above), all submissions received for the remaining options will not be considered.

The same methodology will apply when moving through the remaining options in order of priority.
3.2 The ultimate aim of this Notice is to identify a professional and competent Candidate that is able and willing to operate the Scheduled Bus Services in Malta and Gozo subject to a concession agreement, which will be negotiated with the Authority once the preferred Candidate is selected, with the aim of meeting the fundamental contracting principles listed in Section 9 of this Notice, and of: a) Improving the level of services in order to meet the public's needs and increase bus patronage; b) Optimising the efficiency and effectiveness of the route network taking into account social considerations; c) Adding a number of buses to the fleet to meet the requirements of the route network stipulated in Section 4 of this Notice.
This should also include the replacement of temporary coaches and buses that are currently being used to provide a number of services, to align these with the required safety, emissions, accessibility, information technology, vehicle tracking, and comfort specifications; d) Upgrading the existing information technology and communication systems to provide more effective control from an operational point of view and more effective information systems which will result in reliable information for users and for the Authority.
This should include an effective vehicle tracking and monitoring system to be used by the prospective operator, the Authority and other interested stakeholders; e) Shifting the majority of ticket sales to off-bus ticketing and regular travel solutions.

The successful Candidate will be expected to successfully implement an effective and innovative ticketing solution, which will drastically reduce on-bus ticketing and encourage period tickets within one year.
4 The Route Network and Fare Structure 4.1 Throughout 2013, the Authority, in conjunction with the Transport M inistry reviewed the route network following a public consultation exercise, with the aim of improving its effectiveness in line with the travelling needs of the public.

It is therefore the Authority' s intention to implement the route network together with the frequencies set out in Appendix 5 to this Notice.

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--· Page 3 of 25 c) A detailed description of how they intend to operate the Scheduled Bus Service in order to demonstrate that they have (i) a clear understanding of the requirements of the Scheduled Bus Service; and (ii) the capacity and capability of carrying out the Services.

As a minimum, interested parties shall submit the information required in Appendix 1.
Submissions that do not include all the above minimum requirements shall automatically be disqualified and will not be considered any further.

Candidates are advised that an inspection of the operational capacity, facilities and quality control measures of the Candidate may be carried out by the Authority orb a person(s) acting on its behalf.
9 Fundamental Contracting Principles and Minimum Requirements The fundamental contracting principles of the concession agreement which will be negotiated and entered into between the Authority and the successful Candidate must include the following: a) Full commercial and operational risk including fluctuations in costs including but not limited to fuel and energy costs, labour costs, maintenance costs and other costs which are to be borne fully by the bus operator; b) The operation of the agreed route network at minimum frequencies; c) The charging of maximum fares including concessionary reduced fares for specific categories of users like old age pensioners, disabled persons, children and students; d) Minimum requirements for Buses which must i.
Be at least Euro 5 compliant, fully accessible (low-floor), and air-conditioned; ii.

Be fitted with CCTV systems covering the entire seating area including the driver; iii.

Be suitable for the route they are operating on, and must not exceed 12.5m in length and 4.5m in height; iv.
Comply with the requirements of EU legislation, with particular reference to the Emission Standards stipulated in Regulation 595/2009 and Directive 2007/46 for buses being registered for the first time in any European Member State v. Comply with procurement legislation as may be applicable with regard to Directive 2009/33/EC transposed into local legislation by means of LN .l75 of 2011; vi.

Not be older than 15 years at any point throughout the concession agreement term.
e) The bus operator must have an effective vehicle tracking and locating system providing real time access to the Authority and other stakeholders as may be required.

f) The Authority must have real-time access to all services (including vehicle tracking and locating data) together with all recorded data for at least three months.

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