Public procurement notice: Works Concession
Published: 2016-04-20
Buyer: Municipality of Zelenikovo
Country: MK
Region: Skopski
Contract type: Works
CPV classification: 55000000 | 92600000
Estimated value:  EUR
Submission deadline: 2016-05-09
Award criteria: Other

Technical requirements: Awarding of contract on establishing public-private partnership for construction, operation, management and maintenance of sports and recreation centre for golf courses and supporting facilities in the function of the centre.
Subject of the public procurement contract is establishing public-private partnership for construction, operation, management and maintenance of a sports and recreation centre for golf courses and supporting facilities in the function of the centre. A detailed description of the contract subject is given in the technical specifications attached to this tender documentation.
1.7.1. Facilities constructed in accordance with the Contract on establishing a public-private partnership for the construction, operation, management and maintenance of sports and recreational centre for golf courses and other facilities in the function of the centre are owned by the public partner. With the expiry of the Contract on establishing a public-private partnership, the private partner, he is obliged to hand over the facility with all the equipment in the possession of the public partner within 30 days, according to the inventory of movable and immovable property in the facility prepared by the Commission monitoring the implementation of the Contract.
1.10.1.1. The request for issuance of building permits will be submitted after completion of the procedure for awarding a Contract for public-private partnership, that is, after the selection of the private partner (most favourable bidder), conclusion of the Contract for public-private partnership, and after the preparation of the basic designs and provision of other necessary documents in accordance with applicable laws and regulations. The private partner undertakes to prepare the design documentation and other necessary documents in accordance with applicable laws and regulations, and audits required within a maximum of six (6) months from the date of signing the Contract for the public-private partnership.
1.10.1.2. The design documentation should provide that the sports and recreation centre for golf courses and supporting facilities in function of the centre meet the requirements of sustainable development for protection of the environment, implementation of urban and architectural standards and establishment of an energy system using renewable energy sources and application of energy efficiency.
1.10.1.3. The building permit will be issued in the name of the Public Partner based on the basic design developed by the Private Partner.
1.10.1.4. The basic design will be developed in accordance with the Terms of Reference. The private partner will develop the terms of reference for the sports and recreation centre for golf courses and supporting facilities in the function of the centre upon agreement of the public partner.
1.10.1.5. The sports and recreation centre for golf courses and supporting facilities in the function of the centre will be fully built in accordance with the technical documentation approved in the procedure for issuance of the building permit. The design documentation must contain the following elements: architecture, statics, water supply, sewage, electricity (mechanics), thermotechnology, fire protection and to provide the functionality of the facility.
1.10.2.1. The sports and recreation centre for golf courses and supporting facilities in the function of the centre built on the construction plot GP.1.1 in compliance with the extract from the Urban plan outside an inhabited area for a sports recreation centre Pakoshevo is owned by the public partner.
1.10.3.1. The private partner undertakes to bear the costs of verification of the Contract on Public-Private Partnership and the Annexes to the Contract on Public-Private Partnership by a notary public, and the cost of registering the right of use and management on the name of the private partner for the period stipulated in the contract, under Article 39 of the Law on Concessions and Public-Private Partnership.
1.10.3.2. In return for the invested funds, the private partner is entitled to the design, construction, use, management and maintenance of the sports and recreation centre for golf courses and accompanying facilities in the function of the centre for a period of thirty (30) years upon signing the contract.
1.10.3.3. The private partner shall entirely be burdened and have the risk of: the financing of the preparation of the necessary technical documentation; provision of the other necessary documentation; necessary audits; construction and supervision of the sports and recreation centre for golf courses and accompanying facilities in the function of the centre; and insurance during the construction, with minimum facilities, equipment and employees that need to be provided for the smooth functioning of the sports infrastructure, as components in the function of the golf courses:
— Accommodation and catering facilities — a minimum of 10 bungalows with a minimum of 2 beds in a bungalow and a coffee bar with a minimum of 100 catering places;
— Transport infrastructure, with the following elements: Access road and bridge in accordance with the technical standards for construction of such a type of facilities and category of road.
1.10.3.4. Despite the obligations under sub-item 1.10.3.3 of this tender documentation, the private partner is obliged to pay an annual concession fee for public-private partnership. The amount of the annual fee for public-private partnership, which should be paid by the private partner, amounts and depends on the offered percentage of the profit shown in the annual balance sheet, but not less than 24 000 EUR, in the 5

Eligibility requirements: 2.2.1. The public partner shall exclude from the procedure for awarding a public-private partnership contract any economic operator: — Against which an effective Court decision for participation in criminal organization, corruption, fraud or money laundering in the past 5 years was rendered; — To which a secondary penalty — ban on participation in public call procedures, awarding public procurement contracts and contracts on public-private partnership has been pronounced; — To which a secondary penalty — temporary or permanent prohibition to perform a certain activity has been pronounced; — Which is in bankruptcy or liquidation procedure; — Which has unsettled taxes, contributions and other public duties, unless it is allowed to make deferred payment of such taxes, contributions and other public duties in compliance with the separate regulations and pays them regularly; — To which a misdemeanour sanction — ban on performance of profession, activity or responsibility, i.e. temporary ban on the performance of particular activity has been pronounced; and — Which gives false data or does not submit data requested by the contracting authority. 2.2.2. In order to evidence its capacity, the economic operator shall provide and submit the following documents: — Statement by the economic operator that no effective Court decision for participation in criminal organization, corruption, fraud or money laundering was rendered in the past 5 years; — Statement by the competent authority, that no bankruptcy procedure has been initiated; — Statement by the competent authority, that no liquidation procedure has been initiated; — Statement on settled taxes, contributions and other public duties by the competent authority in the country where the economic operator is registered; — Statement from the Register of Penalties for Crimes Committed by Legal Persons that no secondary penalty — ban has been pronounced for participation in invitation to public call procedures, awarding of public procurement contracts or private-public partnership contracts; — Statement from the Register of Penalties for Crimes Committed by Legal Persons that no secondary penalty — temporary or permanent interdiction on carrying out particular business activity has been pronounced; — Statement that no misdemeanour sanction — interdiction on carrying out profession, action or responsibility, i.e. temporary interdiction on carrying out particular business activity, has been pronounced with an effective Court decision. 2.2.3. The statement from indent 1, sub-item 2.2.2 shall be prepared and signed by the economic operator, and it does not have to be verified by a competent authority. 2.2.4. The statements that no bankruptcy procedure and no liquidation procedure has been initiated, as well as the statements from the Register of Penalties referred to in indents 5 and 6, sub-item 2.2.2 for criminal acts committed by legal persons, shall be issued by the competent authorities in the country in which the economic operator has been registered. In the Republic of Macedonia the competent authority for issuance of the aforesaid statements is the Central Register of the Republic of Macedonia. 2.2.5. The receipt on settled taxes, contributions and other public duties shall be issued by the competent authority from the country in which the economic operator has been registered. In the Republic of Macedonia the competent authority for issuance of the aforesaid receipt is the Public Revenue Office. 2.2.6. The statement of indent 7, sub-item 2.2.2 shall be issued by the competent authority in the country in which the economic operator has been registered. In the Republic of Macedonia the competent authority for issuance of the aforesaid statement is the Central Register of the Republic of Macedonia. 2.2.7. The documents of sub-item 2.2.2 shall not be older than 6 (six) months calculated from the final deadline for submission of the bids calculated backwards. 2.3. Establishing capacity to carry out professional/business activity: 2.3.1. In order to prove the capacity to carry out business activity, the economic operator shall submit a document of registered business activity as a physical or legal party for carrying out the business activity related to the subject of the public procurement contract, or an evidence of participation in a respective professional association in accordance with the regulations of the country of where it is registered. 2.3.2. Certificate issued by the competent authority for the fulfilment of the specific conditions for conducting the activity prescribed under law pertaining to the subject of the contract. The bidder shall provide a statement for building of professional competencies in the area of golf by undertaking a commitment to sign cooperation agreements with at least 2 golf clubs in the region for a period of 2 years from the start of operation of golf courses. 2.3.3. Pursuant to the Law on Physical and Urban Planning the bidder should possess and submit a license for preparation of design documentation and a license for construction of facilities of the 2 nd category.