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

Notice number    01/2024

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, operation, maintenance, and financing of the technological industrial development zone Gevgelija in North Macedonia.

II.2. Nature and scope of the concession:

The subject matter of this Open Procedure is the establishment of a public-private partnership for the design, construction, operation, maintenance, and financing of the Gevgelija technological industrial development zone in North Macedonia. The Project comprises of two phases. Only Phase 1 is subject to this Open Procedure and PPP Contract.

Phase 1 includes the construction of infrastructure and the design, financing, construction, management, and maintenance of industrial and other facilities, per urban planning requirements and the in-tended uses, on a 50.25 ha plot owned by the Republic of North Macedonia.

Phase 2 depends on the successful implementation of Phase 1. Phase 2 includes designing, building, operating, maintaining, and financing of the Gevgelija technological industrial development zone, which also 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. Phase 2 will be subject to separate tender procedure.

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 BIDS

III. 1. Deadline for submission of the bid

Date: [11] / [03] / [2024] (dd/mm/yyyy)

III.2. Address for submission of the bid

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 bid:

☒Macedonian

☒English

☐Other

The bid 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/translated in Macedonian language shall prevail.

PART IV: TYPE OF CONTRACT AWARD PROCEDURE

☒ Open Procedure

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 BIDDERS

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 2.2.4 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 in the Republic of North Macedonia, or a competent authority of the Economic Operator’s country of registration;
  • certificate confirming that no liquidation proceedings have been initiated against the Economic Operator by a competent authority in the Republic of North Macedonia, or a competent authority of the Economic Operator’s country of registration;
  • certificate of payment of taxes, contributions, and other public charges, issued by a competent authority in the Republic of North Macedonia, or a competent authority of the Economic Operator’s country of registration;
  • certificate from the 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, issued by a competent authority in the Republic of North Macedonia or a competent authority of the Economic Operator’s country of registration;
  • certificate from the Register of Penalties for Criminal Offences Committed by Legal Entities confirming that the Economic Operator has not been sentenced to a minor penalty, a temporary or permanent ban on performing its business activity, issued by a competent authority in the Republic of North Macedonia, or a competent authority of the Economic Operator’s country of registration;
  • 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, issued by a competent authority in the Republic of North Macedonia, or a competent authority of the Economic Operator’s country of registration.
VI.2. Ability to perform the relevant business activity

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

As proof of qualification for performing the relevant contract based on its ability to perform the relevant business activity, the Economic Operator must submit a certificate of registration or proof that it belongs to an appropriate professional association under the regulations of its country of registration.

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

None

Eventual minimum requirements (if applicable):

None

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

  • Curriculum vitae (CV) ─ each member of the professional team is required to submit a comprehensive CV. The CV should provide detailed information on the individual’s relevant experience, specifically highlighting their participation in projects that align with the requested qualifications. It should include specific details such as name of project, the project’s scope, duration of implementation, geographical region, the individual’s position and responsibilities on the project, contact person for reference and financial details and information related to the project. This will enable a thorough evaluation of the team’s collective expertise and its alignment with the Project requirements.
  • Statement from the Economic Operator that it has the necessary staff and required qualifications.
Eventual minimum requirements (if applicable):

  • Team leader – team leader must possess a graduate degree in economics with at least 15 (fifteen) years of work experience out of which a minimum of 10 (ten) years of previous experience in a process of design, construction, management, maintenance and financing of an industrial zone or experience in PPP design, construction, management, maintenance and financing on PPP projects including projects related with public investments in infrastructure, out of which at least one project is realised in EU member state;
  • Key finance expert – must possess a graduate degree and have at least 10 (ten) years of work experience out of which a minimum of 5 (five) years of previous experience in a process of design, construction, management, maintenance and financing of an industrial zone or experience in design, construction, management, maintenance and financing on PPP projects including projects related with public investments in infrastructure, out of which at least one project is realised in EU member state;
  • A key expert on legal issues must possess a bachelor’s degree in law and have at least 10 (ten) years of work experience out of which a minimum of 5 (five) years of previous experience in a process of design, construction, management, maintenance and financing of an industrial zone or experience in  design, construction, management, maintenance and financing on PPP projects including projects related with public investments in infrastructure, out of which at least one project is realised in EU member state.

PART VII. CRITERIA TO BE APPLIED WHEN AWARDING THE CONTRACT

The most economically advantageous bid as the best ratio between price and quality. For more information, please refer to subsection 1.9 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)

EUR 5,185,000.00. The price shall be the net present value of all payments from Private Partner to Public Partner during the concession period (VAT excluded, if applicable). Such payments shall include (i) one-off fixed concession fee paid at the PPP Contract’s signing date, (ii) the annual concession fee paid each year during the life of the concession (calculated as percentage of the revenue on the annual basis, but not lower than the fix amount of the concession fee payable on the year level offered by the Bidder). The Methodology for calculating the net present value of all payments from Private Partner to Public Partner during the concession period (VAT excluded, if applicable) are given in article 6.3. of the Tender documentation.

PART X. NUMBER AND DATE OF PUBLICATION OF NOTICE

Date: 09.02.2024

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 PPP 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 143 of the Concessions and PPP 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