UNOFFICIAL TRANSLATION

Transcription

1 HELLENIC REPUBLIC MINISTRY OF ENVIRONMENT, ENERGY AND CLIMATE CHANGE GENERAL SECRETARIAT FOR ENERGY AND CLIMATE CHANGE DIRECTORATE GENERAL OF NATURAL RESOURCES DIRECTORATE OF METALLIC AND INDUSTRIAL MINERALS DEPARTMENT D Notice of a public international open bidding tender for the lease of the exploration and exploitation rights on a public mining area in the vicinities of Metaxochori, Vathi, Gerakari, Fyska, Kentriko, Mylochori and Antigoneia, Prefecture of Kilkis UNOFFICIAL TRANSLATION For indicational use. Not for legal use. In case of discrepancy between the Greek language original text and the English language translation, the Greek text shall prevail

2 HELLENIC REPUBLIC MINISTRY OF ENVIRONMENT ENERGY AND CLIMATE CHANGE GENERAL SECRETARIAT FOR ENERGY AND CLIMATE CHANGE DIRECTORATE GENERAL OF NATURAL RESOURCES DIRECTORATE OF METALLIC & INDUSTRIAL MINERALS DEPARTMENT D Postal Address: Mesogeion 119 Postal Code: Contact Person: N. Datsopoulou Tel.: Fax: Athens, 4/1/2012 Ref. No.: D8/D/F16.34/18218/3349PE DECISION SUBJECT: Notice of a public international open bidding tender for the leasing of the exploration and exploitation rights on a state mining area in the vicinities of Metaxochori, Vathi, Gerakari, Fyska, Kentriko, Mylochori and Antigoneia, Prefecture of Kilkis THE VICE MINISTER OF ENVIRONMENT, ENERGY AND CLIMATE CHANGE Taking into consideration: 1. The provisions of: a. the Legislative Decree (L.D.) 210/1973 On the Mining Code (Government Gazette A 277), as applies, and especially articles 144 and 146 hereof, b. the L.D.180/1974 On the regulation of issues occurring from the implementation of the Mining Code due to the abolishment of the Regional Administrations (G.G. A 347), UNOFFICIAL TRANSLATION 1

3 c. the Law (L.) 274/1976 On the amendment of the Mining Code (G.G. A 50), d. the Presidential Decree (P.D.) 381/1989 Determination of duties preserved by the Minister and the trans-prefectural authorities of the Ministry of Industry, Energy and Technology (G.G. A 38, corrections of errors in G.G. A 70), e. article 12 of L. 2837/2000 Regulation of issues regarding Competition, the Regulatory Authority for Energy, Tourism and other provisions (G.G. A 178), f. articles of L. 1892/2000 On modernization and development and other provisions (G.G. A 101), that apply as amended, g. the P.D. 63/2005 Codification of the legislation on Government and governmental bodies (G.G. A 98), h. the P.D. 185/2009 Reconstitution of the Ministry of Finance, merger of the Ministry of Economy and Finance with the Ministries of Development and Mercantile Marine, the Aegean and Insular Policy and renaming to Ministry of Economy, Competitiveness and Shipping, change of the Ministry of Macedonia-Thrace to General Secretariat for Macedonia-Thrace and subordination of the General Secretariat for Macedonia-Thrace and the General Secretariat for the Aegean and Insular Policy to the Ministry of Interior (G.G. A 213), in conjunction with the provisions of the P.D. 27/1996 Merger of the Ministries of Tourism, Industry, Energy & Technology and Commerce into the Ministry of Development (G.G. A 19), as these were amended with the provisions of the P.D. 122/2004 Restructuring of the Ministry of Tourism (G.G. A 85), i. the decision no. 2876/ of the Prime Minister Change of the Ministries titles (G.G. Β 2234), j. the P.D. 189/2009 Determination and redistribution of the Ministries powers (G.G. A 221), k. the P.D. 24/2010 Redetermination of the Ministries powers and amendments to the p.d. 189/2009 (G.G. A 56), l. the P.D. 110/2011 Appointment of the Government s Vice Presidents, Ministers, Deputy Ministers and Vice Ministers (G.G. A 243). 2. The decision no. ec.52306/ of the Prime Minister and the Minister of Environment, Energy and Climate Change Determination of the powers of the Vice Minister of Environment, Energy and Climate Change, Mr. Ioannis Maniatis (G.G. Β 2741). UNOFFICIAL TRANSLATION 2

4 3. The decision no. D7/A/ec.12050/2223/ of the Vice Minister of Environment, Energy and Climate Change Regulation on Mining and Quarrying Operations (R.M.Q.O.) (G.G. Β 1227). 4. The decision no. D7/A/F.7/ec.1242/186/ of the Vice Minister of Environment, Energy and Climate Change Constitution of a committee for the assessment of the fiscal potential and potential reserve of the state mines, the mining areas that depend on the Public Unit and the already investigated industrial mineral quarries of the country, as amended by the decision no. D7/A/F.7/ec.10706/1971/ The decision no. 3272/ of the Minister of Industry, Energy and Technology Exception of the exploration areas in the Prefecture of Kilkis for the benefit of the Greek State (G.G. Β 150). 6. The document under protocol no. 1298/ of the Northern Greece Mine Inspectorate by which a topographical plan specifying the borders of the state mining area of Vathi in the Prefecture of Kilkis was forwarded to the Service. 7. The 1 st report of the committee mentioned under item 4 taken into consideration in the present notice, dated 2/6/2011, including the table of the assessed state mining areas submitted to the Vice Minister of Environment, Energy and Climate Change. 8. The petition dated 4/4/2011 (MEECC prot. no / ) filed by a private individual asking for the direct leasing of the exploration and exploitation rights on the state mining area of the subject. 9. The following documents that express the opinions of the competent authorities, in the context of each one s competences, regarding the leasing of the state mining area of the subject, namely: - The document no. F.114.3/314/56365 S.2882/ of the Directorate of Information- Security/2b of the General Army Headquarters. - The document no / of the Department of Natural Resources of Central Macedonia, Directorate of Technical Control of the Decentralized Administration of Macedonia- Thrace. - The document no. D.A.K.I. 1701/ of the Directorate of Development of the Region of Central Macedonia, Regional Unit of Kilkis. - The document no. 7801/DTE2008/ of the Directorate of Technical Projects of the Region of Central Macedonia, Regional Unit of Kilkis. UNOFFICIAL TRANSLATION 3

5 - The document no / of the Directorate of Coordination and Inspection of Forests of the Decentralized Administration of Macedonia-Thrace. - The document no. IST EPKA/A/7636/ of the 16 th Ephorate of Prehistoric and Classical Antiquities. - The document no. 3854/ of the 9 th Ephorate of Byzantine Antiquities. - The document no. 2180/ of the Institute of Geology and Mineral Exploration. WE DECIDE AS FOLLOWS 1. To conduct an international open bidding tender with written sealed offers for the five-year (5) leasing of the metallic mineral exploration and exploitation rights on a state mining area covering a total surface area of km 2 in the vicinities of Metaxochori, Vathi, Gerakari, Fyska, Kentriko, Mylochori and Antigoneia, Prefecture of Kilkis (Region of Central Macedonia, Regional Unit of Kilkis, Municipality of Kilkis). The borders of the whole area are fixed at points 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 1, as determined by the following azimuthal coordinates, which are part of the National Triangulation Network and are expressed in relation to the PORROIA Map Sheet Center, scale: 1:100,000, where L = + 41 o 15' and M = - 0 o 45'. The lessee will have the right to unilaterally extend the lease for five (5) more years each time until the completion of thirty (30) years, provided that the legal obligations and the contractual terms are kept. S/N Coordinates 1 X = Y= X = Y= X = Y= X = Y= X = Y= X = Y= X = Y= X = Y= X = Y= UNOFFICIAL TRANSLATION 4

6 S/N Coordinates 10 X = Y= X = Y= In the Greek Geodetic Reference System 87 (EGSA 87), the above coordinates are as follows: S/N Coordinates 1 X = Y= X = Y= X = Y= X = Y= X = Y= X = Y= X = Y= X = Y= X= Y= Χ= Y= X = Y= The afore-described metallic mineral exploration and exploitation rights to be leased do not include the minerals that have been excluded for the benefit of the Greek State, in accordance with the provisions of article 143 of the Mining Code (L.D. 210/1973, G.G. A 277). 2. The general terms of this tender notice are described in detail in the attached Tender Document and its six (6) Annexes that forms an integral part hereof. 3. The tender will take place at the building of the Ministry of Environment, Energy and Climate Change, General Secretariat for Energy and Climate Change, Mesogeion 119, Athens, Office 356, 3 rd floor, on Wednesday 14/3/2012, at am. Any offers submitted after the lapse of this deadline will be rejected. UNOFFICIAL TRANSLATION 5

7 4. A summary of the tender notice will be published in the Official Journal of the European Union and in the Greek Press, and it will be posted on the website of the Ministry of Environment, Energy and Climate Change ( It will also be posted in a printed form on the notice board of the General Secretariat for Energy and Climate Change building, Mesogeion 119, Athens. 5. Any issues not mentioned in this notice will be regulated by the provisions of the Mining Code (L.D. 210/1973, G.G. A 277). The Vice Minister of Environment, Energy and Climate Change Ioannis Maniatis Attachments: Document of the Tender Notice with six (6) annexes Internal Distribution: - Minister s Office - Vice Minister s Office - Office of the Secretary General - Directorate General of Natural Resources - Registry of the Directorate - D8-D(3), A UNOFFICIAL TRANSLATION 6

8 HELLENIC REPUBLIC MINISTRY OF ENVIRONMENT, ENERGY AND CLIMATE CHANGE GENERAL SECRETARIAT FOR ENERGY AND CLIMATE CHANGE TENDER DOCUMENT OF THE NOTICE NO. D8/D/F16.34/18218/3349PE/ OF A PUBLIC INTERNATIONAL OPEN BIDDING TENDER FOR THE leasing of the metallic mineral exploration and exploitation rights on a state mining area covering a total surface area of km 2 in the vicinities of Metaxochori, Vathi, Gerakari, Fyska, Kentriko, Mylochori and Antigoneia, Prefecture of Kilkis UNOFFICIAL TRANSLATION 7

9 CONTENTS PART A: SUBJECT 1 INTRODUCTION 2 LEASING SUBJECT 3 DURATION OF LEASE 4 INFORMATION TO THE INTERESTED PARTIES DELIVERY OF THE TENDER NOTICE REFERENCE MATERIAL PART B: GENERAL TERMS OF THE OPEN TENDER 1 LEGAL FRAMEWORK OF THE TENDER 2 ELIGIBLE CANDIDATES 3 OFFERS 3.1 Sub-envelope A: PARTICIPATION DOCUMENTS 3.2 Sub-envelope B: TECHNICAL OFFER 4 LACK OF SUPPORTING DOCUMENTS 5 EVALUATION CRITERIA 5.1 Criterion 1 (percentage: 15 %) Sub-criterion 1.1 (percentage: 7.5 %) Sub-criterion 1.2 (percentage: 7.5 %) 5.2 Criterion 2 (percentage: 45 %) Sub-criterion 2.1 (percentage: 9 %) Sub-criterion 2.2 (percentage: 7 %) Sub-criterion 2.3 (percentage: 7 %) Sub-criterion 2.4 (percentage: 22 %) 5.3 Criterion 3 (percentage: 20 %) Sub-criterion 3.1 (percentage: 8 %) Sub-criterion 3.2 (percentage: 7 %) Sub-criterion 3.3 (percentage: 5 %) 5.4 Criterion 4 (percentage: 20 %) Sub-criterion 4.1 (percentage: 2 %) Sub-criterion 4.2 (percentage: 18 %) 6 DATE AND TIME OF TENDER SUBMISSION OF OFFERS 7 OPENING EXAMINATION & EVALUATION OF OFFERS 8 REJECTION OF OFFERS 9 AWARD OF THE TENDER - OBJECTIONS 10 OTHER PROCEDURAL TERMS 11 LETTERS OF GUARANTEE 12 CONCLUSION OF THE CONTRACT ON THE LEASE OF THE EXPLORATION & EXPLOITATION RIGHTS UNOFFICIAL TRANSLATION 8

10 ANNEX 1 TOPOGRAPHICAL PLAN OF THE AREA TO BE LEASED ANNEX 2 SUMMARY INFORMATION ON THE AREA TO BE LEASED ANNEX 3 FORM OF STATUTORY DECLARATION ONLY FOR CASE III OF PARAGRAPH ANNEX 4 FORM OF LETTER OF GUARANTEE FOR THE PARTICIPATION INTO THE TENDER ANNEX 5 FORM OF LETTER OF GUARANTEE FOR THE GOOD PERFORMANCE OF THE CONTRACTUAL TERMS ANNEX 6 DRAFT CONTRACT 1 DURATION OF LEASE 2 EXPLORATION WORKS 3 EXPLOITATION WORKS 4 LEASE FEE 5 OFFSET BENEFITS FOR THE LOCAL COMMUNITY 6 EXPROPRIATIONS 7 PROTECTION OF POSSESSION AND OWNERSHIP 8 CONCESSION OF LEASING RIGHTS 9 GUARANTEES 10 WAIVE ON BEHALF OF THE LESSEE 11 DECLARATION OF THE LESSEE IN DEFAULT 12 TERMINATION OF THE CONTRACT 13 RESTRICTIONS TO EXPLOITATION 14 SETTLEMENT OF DISPUTES UNOFFICIAL TRANSLATION 9

11 PART A: SUBJECT 1. Introduction The Ministry of Environment, Energy and Climate Change General Secretariat for Energy and Climate Change Directorate General of Natural Resources Directorate of Metallic and Industrial Minerals (referred to hereinafter as the Lesser ), by virtue of the decision no. D8/D/F16.34/18218/3349PE/ of the Minister of Environment, Energy and Climate Change, announces an international open tender for the leasing of the exploration and exploitation rights on a state mining area in the vicinities of Metaxochori, Vathi, Gerakari, Fyska, Kentriko, Mylochori and Antigoneia, Prefecture of Kilkis (referred to hereinafter as the Lease ). 2. Leasing Subject The leasing subject is the right to explore and exploit the metallic mineral ore deposits that exist within the state mining area, which covers a total surface area of km 2, located in the vicinities of the villages Metaxochori, Vathi, Gerakari, Fyska, Kentriko, Mylochori and Antigoneia, Prefecture of Kilkis (Region of Central Macedonia, Regional Unit of Kilkis, Municipality of Kilkis). The borders of the whole area are fixed at points 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 1, as determined by the following azimuthal coordinates, which are part of the National Triangulation Network and are relative to the PORROIA Map Sheet Center, scale: 1:100,000, where L = + 41 o 15' and M = - 0 o 45'. The lessee will have the right to unilaterally extend the lease for five (5) more years each time and until the completion of thirty (30) years, provided that the legal obligations and the contractual terms are kept. UNOFFICIAL TRANSLATION 10

12 S/N Coordinates 1 X = Y= X = Y= X = Y= X = Y= X = Y= X = Y= X = Y= X = Y= X = Y= X = Y= X = Y= In the Greek Geodetic Reference System 87 (EGSA 87), the above coordinates are as follows: S/N Coordinates 1 X = Y= X = Y= X = Y= X = Y= X = Y= X = Y= X = Y= X = Y= X= Y= Χ= Y= X = Y= The afore-described mineral exploration and exploitation rights to be leased do not include the ones that have been excluded for the benefit of the Greek State, in accordance with the provisions of article 143 of the Mining Code. UNOFFICIAL TRANSLATION 11

13 Annex 1 provides a topographical map of the area to be leased. Annex 2 provides summary data about the area to be leased. 3. Duration of lease The right to explore and exploit the state mining property is leased for a period of five (5) years upon the conclusion of the lease contract, while the lessee will have the right to unilaterally extend the lease for five (5) more years each time and until the completion of thirty (30) years, provided that the legal obligations and the contractual terms are kept. 4. Information to the interested parties Delivery of the tender notice Reference material The interested parties may receive the document of the tender notice, the annexes and the draft contract in a printed form for free from the Ministry of Environment, Energy and Climate Change General Secretariat for Energy and Climate Change Directorate General of Natural Resources Directorate of Metallic and Industrial Minerals, at the address Mesogeion 119, 3 rd floor Office 331, tel , -305, -313, datsopouloun@eka.ypeka.gr all working days, between The persons who receive the tender notice must provide all identity details of the interested party they represent (company s name, full name of the physical person in charge [ID particulars], address, telephone number, facsimile number, address). A copy of this tender notice will be posted on the following places at least thirty (30) days before the date of the tender: On the notice board of the General Secretariat for Energy and Climate Change, Ministry of Environment Energy and Climate Change building at Mesogeion 119, Athens. On the website of the Ministry of Environment, Energy and Climate Change (MEECC) ( UNOFFICIAL TRANSLATION 12

14 A copy of this tender notice will also be sent with proof of delivery to: The Decentralized Administration of Macedonia Thrace. The Region of Central Macedonia and the Regional Unit of Kilkis. The Municipality of Kilkis. A summary of this tender notice will be published at least fifty two (52) days before the date of the tender in the Official Journal of the European Union and at least thirty (30) days before the date of the tender in a daily newspaper of Athens and a local daily newspaper of the Municipality of Kilkis, preferably of financial context. In order for the interested parties to submit their offers, they need first to obtain the exploration data of the area to be leased. These data have been prepared and are available in electronic form at the Institute of Geology and Mineral Exploration and Surveys (IGMES), 3 rd Entrance of the Olympic Village, Sp. Loui 1, 13677, Acharnai, Contact Person: Con/nos Laskaridis, tel , for a fee of three thousand (3,000.00) euros. UNOFFICIAL TRANSLATION 13

15 PART B: GENERAL TERMS OF THE OPEN TENDER 1. Legal Framework of the Tender This public international open bidding tender is conducted in accordance with the provisions of the L.D. 210/1973 On the Mining Code (G.G. A 227), as applies today. This tender notice, its annexes and the attached draft contract form a single composite text and each and every one of their terms has an equally binding power and the failure to comply with any of these terms will result, according to the particular case, to the rejection of the participant s offer. Especially for the highest successful bidder, all the terms of the attached draft contract, as these will be completed according to the offer with which he took part in this tender, are mandatory. 2. Eligible Candidates The eligible candidates for the tender are Greek and foreign physical persons and legal entities, either individually or in the form of an association or a joint venture. In the case of associations, it is not necessary for them to have a particular legal form in order to participate in the tender. The awarding authority reserves the right to ask from the candidate association to proceed to the following before the conclusion of the contract: a) to take the form of the joint venture that is specified in the provisions of the Code of Accounting Books and Records, established by virtue of a notary deed, or b) to take the form of a company governed by commercial law, established in accordance with the provisions of the commercial law. In either case, the members of the association or the joint venture are severally and jointly responsible before the awarding authority for their participation in the tender and, in case the tender is awarded to their association or joint venture, for the smooth performance of the contract and for every damage that may be caused because of that. Note that every candidate, either a physical person or a legal entity, is allowed to participate only once in the tender, either by their own or as a member of an association or a joint UNOFFICIAL TRANSLATION 14

16 venture. In the opposite case, all candidates offers in which such person participates will be rejected from the tender. In the case of an association or a joint venture of persons that submit a joint offer, the documents that are required by this tender notice must refer to each one of the participants in the association or the joint venture. 3. Offers The candidates will submit their offer in a sealed envelope, which will contain two separate sealed sub-envelopes, sub-envelope (A) and sub-envelope (B), with the following information: 3.1 Sub-envelope A: PARTICIPATION DOCUMENTS Under penalty of rejection, the sub-envelope A must contain the following documents: Statutory declarations under L. 1599/1986 signed by the candidate or, in the case of legal entities or joint ventures or associations, by the legal representative. Statutory declarations must be legally attested with respect to the originality of the signature, accompanied by a copy of the signatory s ID Card or Passport, and they must contain the particulars of the tender (tender notice protocol number) in which the candidate participates. By the statutory declarations, the candidate will declare that: i. He has not been condemned with an irrevocable court order for any of the offences stated in paragraph 1, article 43 of the P.D. 60/2007 (G.G. A 64). ii. He has not committed any serious professional misconduct or any misconduct which is relevant to the subject of the tender or with respect to his professional title. iii. The offer was prepared in accordance with the terms of the present tender notice that were made known to him and that he accepts these terms unreservedly, that the offer UNOFFICIAL TRANSLATION 15

17 covers the total of the announced lease and that all information included in the offer is true and accurate, according to Annex 3 of this tender notice. iv. The information referring to the experience in the implementation of projects of similar financial and technical size is true. v. He is not in a state of bankruptcy, liquidation, cease of operations, receivership, composition or other similar state, and no process of being placed in bankruptcy, liquidation, receivership, composition or other similar process has been filed against him. vi. He has no outstanding tax or social security obligations In the case of legal entities, an attested copy of the memorandum of association together with any amendments made until the date of submission of offers, the issue of the Government Gazette in which the summary of the memorandum and the relevant amendments were published, or the establishment agreement of the association or joint venture. The aforementioned documents must show the lawful establishment of the legal entity, all relevant amendments of the memorandums of association, the physical person that legally binds the legal entity (legal representative, signature right, etc.) and the term of office of the members of the Board of Directors. In addition, in the case of a joint venture or association, the establishment agreement must identify the person who will represent the association or joint venture throughout the term of the tender and who will be authorized to sign on behalf of the joint venture or association the documents of the offer as well as any other document relevant to the tender. Such agreement must also state that the members of the association or joint venture are severally and jointly responsible before the awarding authority for their participation in the tender and, in case the tender is awarded to their association or joint venture, for the smooth performance of the contract and for any damage that may be caused because of that The share register or a true copy of the minutes of the last general meeting of the shareholders (if the legal entity is a limited company). In the case of a limited liability company, UNOFFICIAL TRANSLATION 16

18 a legally attested copy of the partners register or a true copy of the minutes of partner s general meeting is required Closed balance sheets of the last three fiscal years before the tender date or, if the company s fiscal years are less than three, of the last two fiscal years (if the applicable provisions require the existence of a balance sheet) A participation letter of guarantee, in accordance with those specified in paragraph 11.1 of this tender notice. The letter of guarantee shall be valid for two (2) years and the amount of the guarantee will be five hundred thousand (500,000.00) euros A proof of obtaining the electronic file containing the IGMES research data. Note that items (3.1.2), (3.1.3) and (3.1.4) must be legally certified. If the documents are certified in a foreign language, they should bear an Apostille certification in accordance with the Convention of Hague or they should be certified by the Greek consular authority in the country of issue, as specified in the provisions of L.1497/1984 On the authentication of foreign documents Apostille (G.G. A 188). Any documents that have been issued outside Greece must be accompanied by their official translation in the Greek language. Any inconsistency that may be found in the documents will lead to the participant s disqualification. 3.2 Sub-envelope B: TECHNICAL OFFER Under penalty of rejection, the sub-envelope B must contain the following: All of the required official documents that document the criteria and sub-criteria of paragraph 5 hereof (paragraphs 5.1, 5.1.1, 5.1.2, 5.2, 5.2.1, 5.2.2, 5.2.3, 5.2.4, 5.3, 5.3.1, 5.3.2, 5.3.3, 5.4, 5.4.1, 5.4.2) A complete business plan (as specified in paragraph 5.2.4). UNOFFICIAL TRANSLATION 17

19 3.2.3 An one-page table with the final binding values of every criterion and sub-criterion An one-page table with the summary data of the closed balance sheets of the last three years or the last two years (if the closed balance sheets are less than three) preceding the year of the tender, in the cases where the applicable provisions require the existence of a balance sheet, or as evidenced by official certifications or declarations in any other case. This table will show the participants financial capability to fulfil the obligations they undertake with their offer. This table will accompany the official documents that are required according to paragraph Proof of the scientific, technological and technical qualification and competence of the participants in general and of the team that will undertake the specific project in particular (e.g. career resumes, employment of specialized scientific staff in the company regardless of the type of employer - employee relationship, or agreement of cooperation with specialized scientific or technical staff) Proof of the participants experience in the implementation of projects of similar financial and technical size, in accordance with those specified in paragraphs and hereof (e.g. a complete list of similar projects including the place and date of implementation, a short description, the type and magnitude of the projects, as well as any other relevant information). 3.3 The official language of this tender notice, as well as of the submitted offers, is the Greek language. Any certificates, affirmations, attestations and other legal documents that have been issued by foreign public authorities in another language must be accompanied by a certified translation in the Greek language, in accordance with the Greek Law. Any offers that are not written in the Greek language or are not accompanied by all necessary documents and information are deemed unacceptable and they will be rejected. 3.4 The offers must have been typed and they must not have irregular corrections (erased or deleted parts, additions, etc). If there are such corrections, the bidder must have initialled them and the Committee will also initial them during the examination of the documents. UNOFFICIAL TRANSLATION 18

20 4. Lack of supporting documents a) If the participant fails to submit any of the supporting documents under items 3.1 and 3.2 of this tender notice, the offer will be rejected as unacceptable. b) No missing documents can be submitted after the expiration of the deadline for the submission of offers. 5. Evaluation criteria The criteria that will be applied in the evaluation of the participants in the present tender aim at the selection of the highest bidder who also guarantees a complete, scientifically documented and technically feasible exploration program in order for the exploitation works to start as soon as possible and for the maximum utilization of the mineral deposit for the benefit of the National Economy and the local community, in conditions of sustainability and in terms of sustainable development, namely with the use of the best available techniques and with absolute respect to the natural and anthropogenic environment and cultural heritage. The evaluation criteria that will lead to the selection of the successful bidder are as follows: 5.1 Criterion 1 (percentage: 15%) Minimum guaranteed annual lease fee (AF) This is the minimum annual lease fee to be confirmed and paid for each lease year, from the first lease year and until the end of the first five-year lease period, as well as for each year of extension of the lease period. The annual fee must be paid within the first three months of each lease year, under penalty of rejection in case the lessee fails to pay the fee. This criterion is divided into two subcriteria: Subcriterion 1.1 (percentage: 7.5%) Minimum guaranteed annual lease fee (AF) during the exploration works. AF = c * e 2 * (1+P er ) with the product value expressed in (EUR), where: AF: Minimum annual lease Fee (in ) The minimum lease fee derives from the product of the parameters: c= constant = 10,000 (ten thousand) UNOFFICIAL TRANSLATION 19

21 e= variant related to the number of lease years, as explained below P er = decimal or whole number greater than zero (P er > 0). The following are clarified for parameter e : a. The value of parameter e will be 1 for the first lease year, 2 for the second lease year, 3 for the third lease year, and so on, provided that the technical study for the exploration works which is the last of the Administration s requirements for the commencement of the exploration works, will have been approved at any time within the 1 st lease year. b. Otherwise, the following procedure will be followed: b1. If the technical study of the exploration works is approved at any time within the 2 nd lease year, then the value of parameter e will be 1 for the first and second lease year, 2 for the third lease year, 3 for the fourth lease year, and so on. b2. The aforementioned value will be similarly adjusted if the technical study for the exploration works is approved at any time within the 3 rd lease year or the 4 th lease year, etc. c. Case b (b1 or b2) above shall only be applied if the lessee submits the environmental and technical studies that are required by the law to the competent authorities for approval within the first six months of the 1 st lease year, otherwise the lessee will be held liable for the non-approval of the technical study and the values of parameter e under case a shall be applied. In the context of this subcriterion, the participants must offer their binding value for parameter P er, whereas the score that will be given to the offers for this subcriterion is based on the total minimum guaranteed lease fee that will be paid cumulatively by the participant to the State within the first three lease years, in conjunction with the binding price of the participant s offer in parameter P er and with the values of parameter e being 1 for first lease year, 2 for the second lease year, 3 for the third lease year. UNOFFICIAL TRANSLATION 20

22 5.1.2 Subcriterion 1.2 (percentage: 7.5%) Minimum guaranteed annual lease fee (AF) during the exploitation works. AF = a * e * c * (1+P ekm )/5 with the product value expressed in (EUR), where: AF: Minimum annual lease fee (in ) The minimum annual lease fee derives from the product of the parameters: a= a variant having the values 500, 1000 and 2000, depending on the degree of ore processing. More specifically, if, after the end of the initial exploitation program, an investment plan of total vertical processing integration is approved to the successful bidder (namely incorporating the metallurgical processing of more than 75% of the ore or concentrate), then a=500, while if an investment plan of intermediate processing is approved (physical-mechanical and hydromechanical concentration), then a=1000 and, finally, if no further processing is to be made and the ore is to be sold as extracted or following a simple mechanical processing (crushing and classification), then a=2000. e= a variant related to the number of lease years passed, taking the values 1, 2, 3, 4 and 5. More specifically, parameter e will be 1 for the 1 st lease year during which the aforementioned mathematical formula will be used for the calculation of the minimum guaranteed annual lease fee, 2 for the second year, 3 for the third year, 4 for the fourth year and 5 from the fifth year and until the end of the thirty-year contract. c= T-To. If T-To < 500, then c=500 (Namely, the value of parameter c cannot be less than 500) where T= the average fixing price of gold for the last three months of the previous lease year according to the London Gold Market Fixing (London AM Fix) (in USD / troy oz). Only the absolute value of the average price is required in the mathematical formula for the calculation of the lease fee, while the currency (USD) is not taken into account. To= constant = 800 P ekm = decimal or whole number greater than zero (P ekm > 0). UNOFFICIAL TRANSLATION 21

23 It is clarified that the calculation of the minimum annual lease fee by using the mathematical equation of subcriterion 1.2 shall apply from the lease year that follows the lease year in which the technical study for ore exploitation, which is the last of the Administration s requirements for the commencement of the exploitation works, and the investment plan for the utilization of all reserves that have been found in the leased area or will be found in the next lease years were approved. In the context of this subcriterion, the participants must offer their binding value for parameter P ekm. The offers in the same subcriterion will be evaluated and scored based on their binding value for parameter P ekm. 5.2 Criterion 2 (percentage: 45%) Business plan for the first five (5) lease years. This criterion is divided into four subcriteria: Subcriterion 2.1 (percentage: 9%) Total cost of exploration works for the first five (5) lease years. In the context of this subcriterion, a complete analysis of the exploration program per year is required for the first five (5) lease years. The cost of every task included in the exploration program must be justified and documented in a clear way. More specifically, the following restrictions apply on the scoring for this subcriterion: a. Expenses for topographical survey works, geological mapping, geophysical and geochemical works, mineralogical and chemical analyses, and generally any similar research works and studies will not be taken into account if they exceed 10% of the total exploration cost for every lease year, with the exception of a1. the first lease year, in which the expenses may amount to 25% of the total exploration expenses for this year, a2. the second lease year, in which the expenses may amount to 15% of the total exploration expenses for this year. UNOFFICIAL TRANSLATION 22

24 b. In the exploration program of every lease year, the expenses of the core drilling with the use of a selection grid must be at least 70% of the total exploration expenses for this year (from the 3 rd lease year and on). The score that will be given to the offers for this subcriterion is based on their binding value regarding the total expenses of the exploration program for the first five (5) lease years Subcriterion 2.2 (percentage: 7%) Amount of investments in mechanical and other operating equipment for the first five (5) lease years. This subcriterion includes the mechanical equipment that is fully owned or rightfully used by leasing by the lessee and will remain on the site of the mine throughout the term of the lease (initial term and extensions) to serve the needs of the mining research and the operational organization of the mine. In the case of second-hand mechanical equipment, its value will be estimated based on the residual value of the asset, in accordance with the applicable tax provisions. The operating equipment includes investments in buildings (permanently constructed or prefabricated) and any facilities of any type that are necessary and included in the business plan. If this is deemed necessary, the equipment may be examined with respect to its suitability and relevance to the project by an Expert Committee, which may be constituted for this purpose by decision of the Minister of E.E.C.C. and will report to the Tender Committee, which will issue the final opinion on this subcriterion. The score that will be given to the offers for this subcriterion is based on their binding value regarding the total investments that will be realized in mechanical and other equipment during the first five (5) lease years for the implementation of the exploration program and for the operational organization of the mine, as detailed in the business plan Subcriterion 2.3 (percentage: 7%) Number of full employment positions. UNOFFICIAL TRANSLATION 23

25 This subcriterion is included in the context of the social mission of the governance of public property and aims at the creation of employment conditions in regions with high unemployment rate and in border regions. In the context of this subcriterion, the participants must offer their binding value for the total number of full employment positions that will be created at the end of the second lease year, for the implementation of the exploration program and for the initial organizational structure of the project. These employment positions must be maintained at least for the first five (5) lease years and the relevant offers will be evaluated based on the aforementioned binding value Subcriterion 2.4 (percentage: 22%) (Subcriterion 2.4 is also ON/OFF) Completeness of the business plan for the first five (5) lease years. The business plan for the first five (5) lease years will present the exploration program in detail, by mentioning specific tasks, designed in such a way, so as to lead to the documentation of the reserves that will have been discovered. The main directives for the business plan will be the achievement of scientific and technical excellence and the earliest possible commencement of the exploitation. More specifically, the contents of the business plan shall be, indicatively and not restrictively, the following: Characterization, location and resource evaluation of exploration targets related to mineralization occurrences of the area. Detailed description of the methodology and type of the exploration works, justification and documentation of the purpose for each task. Total cost of the exploration works for the first five (5) lease years, regardless of whether the commencement of the exploitation of the located deposit is being planned within these first five years, which is the main goal of this notice (namely to start the exploitation as soon as possible within the first five-year lease period, in particular during the second or third lease year, if possible), as well as a detailed estimate of the capital and relevant operating cost per type of exploration work. UNOFFICIAL TRANSLATION 24

26 Analysis of the investments in electromechanical and other operating equipment for the implementation of the exploration program and for the operational development of the mine. A time schedule ANNEX indicating the progress of works and investments in conjunction with the time of execution and the time the expenses are incurred. The project financing plan (own funds, loans, etc.). The estimated date of the commencement of the exploitation works based on the existing data, the progress and the expected result of the exploration works. The proposed exploitation plan of the mineralization that exists and/or is going to be discovered, with a short mining/processing operation foreplan (method of extraction, processing of extracted minerals, market research, etc.). The organization structure of the project (organization chart, project management team, working staff). The scientific, technological and technical competence and the experience on similar projects. Sustainability of the investment, and generally adequate documentation of all of the evaluation criteria under the present paragraph 5. The business plan will be considered as incomplete and will not be evaluated and therefore the relevant offer will be rejected as a whole in any one of the following cases: The exploration program of the first five (5) lease years does not cover at least 50% of the extent of the leased area. The yearly expenses of core drilling with the use of a selection grid from the 3 rd lease year and on do not correspond to a percentage equal to the 70% at least of the total exploration expenses for that year. The design of the exploration program and the time schedule ANNEX of works does not lead to the commencement of exploitation the latest after the completion of the 5 th lease year. The average of the scores given by the members of the Committee to subcriterion 2.4 completeness of the business plan is less than fifty (50) (where zero is the lowest and one hundred is the highest score). UNOFFICIAL TRANSLATION 25

27 The score that will be given to the offers for this subcriterion by each one of the members of the Evaluation Committee, following a documented justification, will fall within the scale from zero (0), which is the lowest score, to one hundred (100), which is the highest score. The method of calculation of the final score of every offer in the context of this subcriterion is specified in paragraph 7.8 of this document. 5.3 Criterion 3 (percentage: 20%) Offset Benefits for Local Community. The companies are part of the society within which they operate, affecting it and being affected by it. With this criterion, the Greek State, in order to establish an honest relationship of mutual trust among all parties involved, aims to encourage the participants to take further initiatives in addition to the obligations they carry hereby, for the welfare, the quality of life and the employment of the local community in accordance with the principles of sustainable development. This criterion is divided into three subcriteria: Subcriterion 3.1 (percentage: 8%) Corporate social responsibility. This subcriterion requires a complete analysis of the actions (with specific timing and specific budget) referring to the local anthropogenic environment of the particular project, namely the actions referring to the community where the project is to be implemented (Regional Unit of Kilkis), which the participants are committed to take. More specifically, these actions, which may be educational, research (other research not included in the scope of this tender), cultural or athletic must bring added value to the local community and must be maintained throughout the thirty-year term of the contract (initial five years and any extensions). For the evaluation needs of the offers, this subcriterion will only take into account the expenses that will be realized only during the first five (5) lease years. The quality, the timelessness, the added social value and generally all elements of these actions will be evaluated by the Committee during the examination of the completeness of the business plan. UNOFFICIAL TRANSLATION 26

28 The score that will be given to the offers for this subcriterion is based on their binding value regarding the total expenses of the corporate social responsibility actions that will be realized during the first five (5) lease years as described in the business plan and will refer to the community within which the project will be implemented (Regional Unit of Kilkis) Subcriterion 3.2 (percentage: 7%) Local society employment. In the context of this subcriterion, the tender participants must specify how many (number) of the full employment positions that will be created at the end of the second lease year for the implementation of the exploration program and upon the initial organizational structure of the project and will be maintained at least for the first five (5) lease years (subcriterion 2.3). This number will come exclusively from the local community, where the project is to be implemented (Regional Unit of Kilkis). The score that will be given to the offers for this subcriterion is based on their binding value with regard to the number of full employment positions referring to the local community where the project will be implemented (Regional Unit of Kilkis). These positions will be included in the total number of full employment positions that will be created at the end of the second lease year (subcriterion 2.3) for the implementation of the exploration program and upon the initial organizational structure of the project and they must be maintained at least for the first five (5) lease years Subcriterion 3.3 (percentage: 5%) Additional environmental Expenses. In the context of this subcriterion, the participants must specify and analyze in detail the environmental actions (with a specific budget in current prices and an estimate of the time of execution) that they are committed to implement in the area of the particular project in addition to the obligations deriving from the valid environmental regulations. The Committee will evaluate the innovation, creativity and positive contribution of the actions to the local community during the examination of the completeness of the business plan. These actions will refer to the whole thirty-year term of the contract (initial five-year term and any extensions). UNOFFICIAL TRANSLATION 27

29 The score that will be given to the offers for this subcriterion is based on their binding value regarding the total expenses of the additional environmental actions to be taken throughout the whole thirty-year term of the contract (initial five-year term and its extensions) in the area of the present project, as these actions are detailed in the business plan. 5.4 Criterion 4 (percentage: 20%) (Criterion 4 is also an ON/OFF criterion) Financial capability - Experience This criterion refers to the participants potential to fulfil the obligations they undertake by their offers based on their financial capability and their experience in the exploration and exploitation and/or further processing of ores, as well as to their experience in other extraction (quarries, mines of energy minerals) or construction (road design, tunnels) projects. This criterion is divided into two subcriteria: Subcriterion 4.1 (percentage: 2%) (Subcriterion 4.1 is also an ON/OFF criterion) Financial capability. In the context of this subcriterion, all participants must demonstrate in a well documented way and based on their financial capability that they are competent to fulfil the obligations undertaken through their offer. More specifically, each participant can prove his financial capability either (a) by producing a certified copy of the financial statements of the last three (3) fiscal years or, if the fiscal years in their case are less than three, of the last two (2) fiscal years that preceded the year of the tender, or (b) by producing official attestations or evidence (certifications from banks, tax statements) of his assets (bank deposits, securities, real estate property, etc.). For Associations or Joint Ventures, this requirement can be met cumulatively. The participant s financial capability will be considered insufficient for the needs of this tender and will not be scored and therefore the whole relevant offer will be rejected in any one of the following cases: UNOFFICIAL TRANSLATION 28

30 The participant s financial capability, as determined in accordance with the aforementioned, does not correspond to at least twenty (20) million Euros ( ) at the time the offer is submitted. If the participant is a legal entity of any form (as the legal entities are specified in par. 2 of this document) and the financial statements of the last three (3) fiscal years or, if the fiscal years in the particular case are less than three, of the last two (2) fiscal years that preceded the year of the tender do not show cumulatively a profitable position. The score that will be given to the offers for this subcriterion is based on the amount of the financial capability ( 20,000,000 ), as this is determined according to the aforementioned Subcriterion 4.2 (percentage: 18%) (Subcriterion 4.2 is also an ON/OFF criterion) Experience. This subcriterion takes especially into account the previous experience in projects referring to the exploration, extraction and processing of exploitable minerals, while any relevant experience in other mining, quarrying and construction projects will also be taken into account. Note that in order to take into account the experience in the implementation of projects that have been completed in the past or are still in progress, such projects must have started at least two (2) years before the date of this tender. The experience is calculated by using the following formula: E = x (1+k) * y (1+l) * z (1+m) where, E= Total experience of the participant x= variable whose value depends on the experience in projects referring to minerals extraction. x= 3 if the participant has experience in at least one project referring to the exploration of mineral resources. UNOFFICIAL TRANSLATION 29