NOTICE FOR AWARDING A PUBLIC-PRIVATE PARTNERSHIP CONTRACT REALIZED AS A PUBLIC SERVICE CONCESSION

Notice number    01/2023

PART I: PUBLIC PARTNER

I.1) Public partner data

I.1.1) Title of the public partner: Directorate for Technological Industrial Development Zones of North Macedonia
I.1.2) Address of the public partner: Bulevar Partizanski Odredi no. 2, PO Box 311
City/Municipality: Skopje                              Postal code: 1000
I.1.3) Contact: Blagoja Bogoevski                 Telephone: +389 72 264 996
E-mail:  greenzone@fez.gov.mk                    Fax: /
Website: www.fez.gov.mk

I.2) Public partner category

☒Other legal entity that carries out public duties according to the law, in the part of carrying out public duties

PART II: SUBJECT OF THE CONCESSION

II.1. Title of the subject of concession:

Contract on the establishment of a public-private partnership for the design, construction, operating, maintenance, and finance of the technological industrial development zone Gevgelija, North Macedonia.

II.2. Nature and scope of the concession:

The contract is awarded as a PPP contract in the form of a public service concession. The subject matter of the planned concession is the design, construction, operation, maintenance, and financing of the Gevgelija technological industrial development zone in two Phases – Phase 1 and Phase 2.

Phase 1 refers to the establishment of the Gevgelija technological industrial development zone by the Private Partner. This phase includes the construction of infrastructural, industrial, and other facilities with a total surface area of about 270,000 m2 per the urban planning requirements and the area’s intended uses, on a 50.25 ha building plot.

Phase 2 depends on the successful implementation of Phase 1. In Phase 2, the Private Partner would have the obligation to design, build, operate, maintain, and finance Phase 2 of the Gevgelija technological industrial development zone, which includes the construction of infrastructural, industrial, and other facilities per the applicable urban planning requirements and the area’s intended uses, potentially on a building plot of about 70 ha, if the land is available at the time of completion of Phase 1. The Public Partner is under no obligation to make the land available to the Private Partner if the legal, planning, and other conditions, stipulated by the contract concluded with the Private Partner, are not met at the time of fulfilment of the contractual obligations of the Private Partner at the end of the Phase 1 construction period.

II.3. Explanation of the justification for granting the concession and designation of the objectives:

The allocation of the technological industrial development zone Gevgelija to a Private partner derives from the need to attract investments that will provide prerequisites for local economic development in the south-eastern region of the Republic of North Macedonia, i.e., to reduce the number of unemployed people and raise the living standard. Objectives to be achieved by the award of the PPP contract are as follows:

  • economic and social development;
  • increasing the area’s competitiveness;
  • raising the standard of living of the population;
  • retention of the working-age population in the area;
  • construction of infrastructure facilities in the zone;
  • attracting new investors to the zone;
  • reducing unemployment;

presentation of the economic effects of the investment, the necessary costs, as well as the measurable and immeasurable benefits and sustainability of the project.

II.4. Place/location of execution of the concession: Municipality of Gevgelija, North Macedonia
II.5. Estimated value of the contract: around EUR 120 million for Phase 1

PART III: SUBMISSION OF APPLICATIONS FOR PARTICIPATION

III. 1. Deadline for submission of the application for participation

Date: 26/07/2023 up to 16:00h

III.2. Address for submission of the application for participation

III.1.2) Address of the Public Partner: Bulevar Partizanski Odredi no. 2, PO Box 311

City/municipality: Skopje                                                                          Postal code: 1000
III.3. Language of the application for participation:

☒Macedonian

☒English

☐Other

The Application for Participation with its supporting documents must be submitted in English along with a court-sworn translation into Macedonian, or in Macedonian with a court-sworn translation into English, except for documents issued by the Macedonian government and/or administrative bodies, which can be submitted in Macedonian only. The Public Partner reserves the right to request that such documents, issued in Macedonian, be subsequently translated into English by a court-sworn translator. In case of discrepancies between the English and Macedonian versions, the document issued in the original language shall prevail.

PART IV: TYPE OF CONTRACT AWARD PROCEDURE

☒Competitive dialogue

PART V: FEE FOR TENDER DOCUMENTATION

The Tender Documentation can be obtained free of charge in electronic form. The Tender Documentation must be obtained by submitting a request by the Economic Operator to the following electronic address: greenzone@fez.gov.mk . The request must contain Economic Operator’s name and the electronic address(es) for further communication.

PART VI: TERMS AND CONDITIONS FOR DETERMINING THE ABILITY OF CANDIDATES

VI.1. Personal standing – Evidence that there are no reasons for exclusion from the procedure

Evidence and their value indicators in order to determine the standing:

The Public Partner will accept the following documents in accordance with section 2.3 of the Tender Documentation as evidence of lack of grounds for exclusion from the procedure:

  • statement of the Economic Operator that in the last 5 years, no final judgment has been rendered for a crime under subsection 2.2.1. of the Tender Documentation;
  • certificate confirming that no bankruptcy proceedings have been initiated against the Economic Operator issued by a competent authority;
  • certificate confirming that no liquidation proceedings have been initiated against the Economic Operator by a competent authority;
  • certificate of payment of taxes, contributions, and other public charges, issued by a competent authority;
  • certificate from the Macedonian Register of Penalties for Criminal Offences Committed by Legal Entities confirming that the Economic Operator has not been imposed a secondary penalty, a ban on participating in public tender procedures, the award of public procurement contracts or public-private partnership contracts;
  • certificate from the Macedonian Register of Penalties for Criminal Offences Committed by Legal Entities confirming that the Economic Operatorhas not been sentenced to a minor penalty, a temporary or permanent ban on performing its business activity;
  • certificate confirming that no misdemeanour sanction has been imposed on the Economic Operator  through a final judgment – a ban on performing a profession, activity, or duty, i.e. a temporary ban on performing a business activity.
VI.2. Ability to perform the relevant business activity

Evidence and their value indicators in order to determine the ability:

A certificate of registration or proof that the Economic Operator belongs to an appropriate professional association under the regulations of its country of registration as indicated in section 2.4.1.а of the Tender Documentation.

VI.3. Economic and financial standing
Evidence and their value indicators in order to determine the ability (if envisaged):

The Economic Operator shall provide evidence of its compliance with this condition by submitting its audited financial statements for the previous two closed accounting periods, prepared in line with the IFRS effective for the given accounting period. For more details, please refer to section 2.4.1.b of the Tender documentation.

Eventual minimum requirements (if applicable):

A minimum annual income of EUR 30 (thirty) million for each of the last two calendar years, ending on the date of the balance sheet of the last audited financial statements.

VI.4. Technical and professional capability
Evidence and their value indicators in order to determine the ability (if envisaged):

A copy of recommendations from previous relevant PPP projects as indicated in section 2.4.1.c of the Tender Documentation.

Eventual minimum requirements (if applicable):                

In the last 15 years, established and/or developed   and/or operated a minimum of 1 (one) industrial zone, with an Investment Value of at least EUR 100 (one hundred) million.

PART VII. CRITERIA TO BE APPLIED WHEN AWARDING THE CONTRACT

The most economically advantageous offer as the best ratio between price and quality. For more information, please refer to subsection 1.8 of the Tender Documentation.

PART VIII: MINIMUM WORKS EXPRESSED IN PERCENTAGES TO BE ALLOCATED TO THIRD PARTIES (if envisaged)

Not envisaged at this stage.

PART IX. THE MINIMUM AMOUNT OF THE CONCESSION FEE AND/OR THE MANNER IN WHICH IT IS CALCULATED (if envisaged)

Not envisaged at this stage.

PART X. NUMBER AND DATE OF PUBLICATION OF NOTICE

Date: 01/2023 from 26/06/2023

PART XI. APPEAL PROCEDURE

XI.1. Competent authority deciding on appeal

XI.1.1) Name of the body: State Public Procurement Appeal Commission
XI.1.2) Address of the body: Str. Filip Vtori Makedonski no. 11, floor 4
City/municipality: Skopje                                Postal code: 1000
XI.1.3) Contact:                                                      Telephone: +389 2 3251 260
E-mail: dkzjn@gs.gov.mk                                Fax: +389 2 3251 269
Website: https://dkzjn.mk

XI.2. Right to an appeal

Any Economic Operator with a legal interest in being awarded a contract, which has suffered or could suffer damage from a possible violation of the statutory provisions, may seek legal protection against any decisions, actions or omissions by the Public Partner in the procedure for the award of a contract for establishing a PPP.
XI.2.1) Deadline for submitting an appeal: Pursuant to Article 144 of the Public Procurement Act

ANNEX A

OTHER ADDRESSES AND CONTACTS

I. ADDRESS AND CONTACT WHERE ADDITIONAL INFORMATION CAN BE OBTAINED:

Title: Directorate for Technological Industrial Development Zones of North Macedonia
Address: For additional information/clarifications, please use the designated e-mail only
Place: Skopje Postal code: 1000 Country: The Republic of North Macedonia
Office/place for contact: Contact person: Blagoja Bogoevski Telephone: +389 72 264 996
E-mail : greenzone@fez.gov.mk  Fax : /
Website: www.fez.gov.mk

II. ADDRESS AND CONTACT WHERE ADDITIONS/AMANDMENTS TO THE TENDER DOCUMENTATION ARE AVAILABLE:

Title: Directorate for Technological Industrial Development Zones of North Macedonia
Address: For additions and amendments of the tender documentation, please use the designated e-mail only
Place: Skopje Postal code: 1000 Country: The Republic of North Macedonia
Office/place for contact: Contact person: Blagoja Bogoevski Telephone: +389 72 264 996
E-mail : greenzone@fez.gov.mk Fax: /
Website: www.fez.gov.mk

III. ADDRESS AND CONTACT FOR DELIVERY OF APPLICATION FOR PARTICIPATION:

Title: Directorate for Technological Industrial Development Zones of North Macedonia
Address: Bulevar Partizanski Odredi no. 2, PO Box 311
Place: Skopje Postal code: 1000 Country: The Republic of North Macedonia
Office/place for contact: Contact person: Blagoja Bogoevski Telephone: +389 72 264 996
E-mail : greenzone@fez.gov.mk Fax: /
Website: www.fez.gov.mk