DESIGN, FINANCING, CONSTRUCTION, AND FACILITY MANAGEMENT OF 14 SCHOOL BUILDINGS
IN THE REGION OF ATTICA THROUGH A PUBLIC PRIVATE PARTNERSHIP
PART I: CONTRACTING AUTHORITY
1. Name, address, telephone and fax number, e-mail address of the Contracting Authority.
SCHOOL BUILDINGS ORGANISATION S.A. 30 Favierou Street, Athens, 10438, Greece. Tel.: +30
210 5272388, fax: +30 210 5272531, e-mail:
kouri@osk.gr, website:
www.osk.gr, information: Mrs. Ioanna Kouri.
Part II: DESCRIPTION
2. Name of the contract, as given by the Contracting Authority.
"Design, Financing, Construction, and Facility Management of 14 School Buildings in the
Region of Attica through a PPP".
3. Brief description of the contract.
The scope of the PPP contract (henceforth Partnership) concerns the design,
financing, construction, and facility management of 14 school buildings in Region of Attica, with a
total surface of approximately 46.369 sq.m. (the "Project"). A detailed description of the Project
is attached to the Tender Document of Restricted Procedure - First Phase - Submission of Interest
Expression. The implementation of the Project, which is part of the strategic planning of SBO S.
A., through a PPP scheme (L. 3389/2005) was approved by the Greek Inter-Ministerial PPP Committee
on 14.4.2006. The building infrastructure will be used for accommodating public schools of primary
and secondary education. The School Building Organisation S.A. will pay to the Special
Purpose Societe Anonyme (SPSA) that will be set up by the Private Entity that will undertake this
project, according to L. 3389/2005, periodical availability payments, starting from the
inauguration of the operational period of the new infrastructures and until the end of the
Partnership.
The Private Entity that will be selected (through the Special Purpose Societe Anonyme (SPSA)
which will be set up) will undertake:
(a) the drawing up of all the necessary designs and documents that will be submitted during
the PPP contract, along with all the necessary actions in order to secure that all the licences and
permits will be issued on time for the execution or/and the maintenance of the Project.
b) The construction of the building infrastructure of the Project and the configuration of
its surrounding spaces, as described analytically during the 2nd Phase of the Tender, in order to
be fully available for use and operation according to their scope.
(c) the financing of the project with equity or/and debt,
(d) the facility management during the PPP Contract (mainly the inspection, the usual,
precautionary and reparative maintenance, heavy maintenance, technical operation, usual facility
management and supervision for the availability and operation of the installations and the systems
of the building infrastructure and its surroundings), as described analytically in the 2nd phase of
the Tender, in order to secure that the Project will be ready on time and available - according to
the availability requirements as defined in the Tender Document of Restricted Procedure - 2nd Phase
and
(e) the insurance of the buildings and other installations and systems of the
infrastructure that fall within the scope of the PPP contract, during the design, the construction
and the operation of the Project as will be defined in the Tender Document of Restricted Procedure
- 2nd Phase
(f) the guarding and securing of the buildings and the rest of the infrastructures and
systems, which form part of the PPP contract, during the operation and throughout the duration of
the PPP contract, as will be defined in the Tender Document of Restricted Procedure - 2nd Phase and
according to the precautions described in the clauses of the relevant legislation in force,
regarding the protection of personality and personal data of the members of the educational
community.
4. Admission or prohibition of variants.
Variants are prohibited.
5. Total amount or extent.
The total budget of the availability payments of the Project, which will be paid to the
Private Entity, indicatively amounts to 86,000,000 euros, plus VAT.
6. Duration of the contract.
Twenty seven (27) years from the PPP Contract set in force.
PART III: LEGAL, ECONOMIC, FISCAL AND TECHNICAL INFORMATION.
7. Deposit and guarantees required.
No guarantee is demanded for the submission of applications of Expressing Interest. The
guarantee for the participation in the second phase of the tender, as well as other guarantees
shall be defined in the tender documents of the second phase.
8. Main terms concerning financing and payment and / or references to the texts
in which these are contained.
The financing of the construction of the project shall be made via equity and debt raised by
the Private Entity. The Project shall be implemented according to Law 3389/2005, as in force, and
P.D. 60/2007 and the availability payments shall be linked to the output specification, which shall
be described in the Tender Document of Restricted Procedure - Second Phase - Invitation to Submit
Tenders.
9. Legal form to be taken by the grouping of economic operators to whom the
contract is to be awarded.
Special Purpose Societe Anonyme (SPSA), according to article 1, paragraph 4 of Law 3389/2005.
Founders and initial shareholders of the SPSA shall be exclusively the selected SPV or its members,
in case of a consortium or joint venture, according to their participation percentage to the SPV
candidate.
10. Additional information.
The tender shall take place and the contract shall be awarded and implemented according to
Law 3389/2005, Directive 2004/18/EC, P.D. 60/2007, Directive 89/665/EC, Law 2522/1997, P.D.
774/1980, as in force, and Law 3310/2005.
11. Entities entitled to participate.
At the tender may participate physical or legal entities, independently or in union, as long
as:
(a) they or their members come from a Member State of the European Union or
the European Economic Area (EEC) or from states that have signed bilateral agreements or
association agreements with the European Union or have ratified the Government Procurement
Agreement (GPA) under the auspices of the World Trade Organization (WTO) and
(b) satisfy the conditions and participation requirements as set in the Tender Documents
of Restricted Procedure - First Phase - Submission of Interest Expression.
For the signing of the PPP contract the SPV must take the form of a SPSA. The
scope of the SPSA will concern exclusively the implementation of the Project, while founders and
initial shareholders of it will be exclusively the selected SPV or its members - in case of a
consortium - according to their participation percentage, as stated during the Tender Procedure.
Moreover, the SPSA may enter into agreements
- for the elaboration of the necessary designs, with the designers that will be stated,
independently of their participation or not in the Candidate/Contestant scheme and, consequently,
in the SPSA.
- for the construction of the Project, with the companies that will be stated to execute
this part and according to their declared percentages, independently of their participation or not
in the Candidate/Contestant scheme and, consequently, in the SPSA scheme. The above-mentioned
companies cannot exceed the limit of four (4), otherwise the Candidate/Contestant is excluded.
- for the facility management of the building and other infrastructure of the Project,
with the companies that will be stated by the Candidate/Contestant and according to their declared
percentages, independently of their participation or not in the Candidate/contestant Scheme and,
consequently, in the SPSA scheme. The above-mentioned companies cannot exceed the limit of three
(3), otherwise the Candidate/Contestant is excluded.
Minimum Candidates' requirements
(1) Financial adequacy and credit worthiness of the Candidate
The participants should fulfil the following minimum levels of financial
adequacy and credit worthiness:
(a) The average net profit before taxes of each candidate for the last three financial years
must be positive. In case of a consortium, the above criterion shall be calculated as the weighted
average of the net profits before taxes of the members of the consortium, weighted according to
their participation percentage in the consortium.
(b) The ratio of total debt to total equity of each candidate for the last three financial
years must be lower than two (2). In case of a consortium, the above criterion shall be calculated
as the weighted average of the ratio of debt to equity of the consortium members, according to
their participation percentage in the consortium.
(c) The average equity capital for each candidate for the last three financial years should
exceed 10.000.000 euros. In case of a consortium, the above criterion shall be calculated as the
weighted average of the consortium members' equity capital, according to their participation
percentage in the consortium.
(d) Each Candidate should demonstrate its credit and debt raising ability by submitting a
letter of financial support issued by a financial institution with a credit rating of at least Baa3
of the Moodys or BBB- of the Standard & Poor's scale or a similar rating by Fitch.
(2) Technical qualification of the Candidates
For the elaboration of the required design studies:
Physical or legal entities, independently or in consortium or joint venture, which has been
formed or shall be formed, as long as they or their members (in the case of consortia or joint
ventures):
(a) Are registered in the Greek Register for Designers, which are mentioned in the Appendix
IX C of Directive 2004/18/EC and, specifically, have the following Designer Certificates:
i) D Class and plus in category 06 "Architectural Design of Buildings"
ii) D Class and plus in category 08 "Static Design"
iii) D Class and plus in category 09 "Mechanical/ Electrological Design", or
(b) Come from Member State of the European Union or the European Economic Area (EEC) or from
States that have ratified the Government Procurement Agreement (GPA) under the auspices of the
World Trade Organization (WTO), that keep similar records with those mentioned under (a) and are
registered in classes and design categories, corresponding to the ones mentioned under (a) above,
or
(c) come from States as stated in (b) above, in which formal records of the previous
paragraphs do not exist and are registered in Professional / Commercial Records of their countries
and possess general experience corresponding to that, which is derived from the Greek Designer
Records, and more specifically staff with experience in the following design categories:
i) for category 06 "Architectural Design of Buildings" at least three (3) employees [two with
experience of at least eight (8) years and one with experience of at least twelve (12) years]
ii) for category 08 "Static Design" at least three (3) employees [two with experience of at
least eight (8) years and one with experience of at least twelve (12) years]
iii) for category 09 "Mechanical, Electrological and Electronic Design" at least three (3)
employees [two with experience of at least eight (8) years and one with experience of at least
twelve (12) years].
For the construction of the Project:
Independent construction companies:
(i) Registered in the Greek Register of Construction Companies (M.E.EP.), which is kept at
the General Secretariat for Public Works in the Ministry of Environment, Planning and Public Works
and is mentioned in the Appendix IX A of Directive 2004/18/EC.
Or that come from Member State of the European Union or the European Economic Area (EEC) or
from states that have ratified the Government Procurement Agreement (GPA) under the auspices of the
World Trade Organization (WTO), in which official lists of certified construction companies exist,
according to the Appendix IX A of Directive 2004/18/EC, as long as they are registered in them.
Or that come from States as stated in (b) above, in which official lists of certified
construction companies do not exist, as long as they submit a certificate of Registration in the
Professional / Commercial Chambers of their countries or in case such a certificate is not issued,
an affidavit certifying this fact and also (certifying) its Registration in the abovementioned
Commercial/Professional Chambers. In the case that the abovementioned country's legislation does
not provide for an affidavit, a relevant Solemn Declaration with the same context, is submitted.
(ii) Average turnover in the field of constructions over the three past financial years, of
at least euros 30.000.000, from which, 15.000.000 euros at least, in building works and
5.000.000 euros in electro mechanical works. In the case of a consortium or joint venture, the
weighed average turnover criterion mentioned above, must be satisfied accumulatively in the
companies that are stated to undertake the constructive part of the project.
(iii) Each company and, in case of a consortium or joint venture, at least one
of their members, must have constructed and concluded at least one building project (with the
exemption of Logistics and industrial buildings), the building and electro mechanical works being
included, of a construction value of euros 15.000.000 minimum, from which, euros 8.000.000 in
building works and 2.000.000 euros in electro mechanical works. The date of conclusion of the
above-mentioned project/s must have taken place within the last five years before the submission of
Interest Expression, independently of the beginning of their construction.
The building projects will be assessed and accepted, as long as their construction value, or
in the case that the buildings have been constructed by a partnership or consortium, the resulting
value, taking into account the percentage participation in the partnership or consortium, amounts
to a minimum of euros 800.000.
For the facility management of the infrastructure of the Project:
(i) the companies, that will be stated to undertake the facility management of the Project
must include in their scope the services mentioned above and
(ii) at least one of those companies that will be stated, as above, must have signed and
started implementing or must have concluded a contract or renewal contracts, concerning the
provision of facility management services, as described in the Tender Document of Restricted
Procedure - First Phase - Submission of Interest Expression, within the last three years before the
submission of Interest Expression for this Tender.
In the evoked contracts as above, the fee for the services must amount to a minimum of euros
300.000 per year, V.A.T. excluded. In case the contracting fee is less than euros 300.000, these
contracts will be acceptable, as long as they concern the technical facility of building
infrastructure with a total surface of at least 5.000 sq.m.
PART IV: PROCEDURE
12. Award Procedure chosen.
Restricted procedure.
13. Limitations as to the number of entities to be invited to submit tenders in
the 2nd phase.
Á) Anticipated number of candidates.
Five (5), as long as an appropriate number of capable Candidates exists.
Â) Objective criteria to be used to chose that number of candidates.
According to article 19 of the Tender Document of Restricted Procedure - First Phase -
Submission of Interest Expression.
14. Contract award criterion.
The most economically advantageous offer, according to art. 10 par. 1 of L. 3389/2005, art.
51 par. 1a of P.D. 60/2007 and art. 53 of the EC Directive 2004/18. The specific criteria will be
described in the invitation to submit tenders (Second Phase Tender Documents).
In any case, the price criterion will be a matter of particular gravity.
15. Deadline for the receipt of applications for documents or for the access to
documents.
Up to 20 days prior the submission of Interest Expression, that is until the 29th of May 2008
at 14.00 o' clock.
16. Name, address, telephone and fax numbers, e-mail of the agency from which
the Tender Document of Restricted Procedure - First Phase - Submission of Interest Expression and
further information can be requested.
SCHOOL BUILDINGS ORGANISATION S.A. 30 Favierou Street, Athens, 10438, Greece. Tel.: +30
210 5272388, fax: +30 210 5272531, e-mail:
kouri@osk.gr, website:
www.osk.gr, information: Mrs. Ioanna Kouri.
17. Cost for the provision of the documents and payment terms.
Three hundred Euros (300) for the Tender Document of Restricted Procedure - First Phase -
Submission of Interest Expression and five hundred Euros (500) for the English translation of the
Tender Document of Restricted Procedure - First Phase - Submission of Interest Expression.
18. Deadline for the submission of the interest expressions.
18th of June 2008, at 12:00 o' clock.
19. Language that shall be used in the application for participation.
Greek.
20. Day of dispatch of the notice to the Commission.
15th of April 2008
