Translation from Bulgarian PUBLIC NOTICE ON SERVICE CONCESSION OR MINING CONCESSION 1. Object of the concession: Service concession 2. Type of concession: Public concession 2.1. Concession grantor: Council of Ministers 2.2. Body, representing the concession grantor: Name of the body: Minister of Transport, Information Technology and Communications Address: 9, Dyakon Ignatiy Street Town: City of Sofia Postal code: 1000 Contact person: Yana Aleksieva and Miroslava Ivanova Telephone: 02/940 9538; 02/940 9560 E-mail: jalexieva@mtitc.government.bg; msivanova@mtitc.government.bg Fax: 02/988 51 49 URL Website: 3. Type of the object of the concession: Port terminal at port used for public transportation of national importance 4. Location of the object of the concession: Vidin 5. Individual description of the object of the concession: 1. Port Terminal Vidin South, part of port for public transport of national importance Vidin, hereinafter referred to as Port Terminal, including: 1.1. Port area, including, being Land Plot ID No.10971.510.139 (ten thousand nine hundred and seventy-one point five hundred and ten point one hundred and thirty-nine) as per the cadastral map and cadastral registers of the town of Vidin, approved by virtue of Order RD- 15-8/28 January 2008 of the Executive Manager of the Geodesy, Carthography and Cadastre Agency, with an area of 47,887 sq. m as per Public Property Deed No.2780 of 12.09.2011, situated in the town of Vidin, South Industrial Area, with the following plot neighbors: to the West - Plot No.10971.307.518; to the South Plot No.10971.307.751 and Plot No.10971.307.616; to the East lot No. 10971.307.711 the Danuve River; to the West and North Plot No. 10971.510.138.
1.2. Port infrastructure - public state property, according to the Annex - an integral part of the concession contract. 1.3. Port infrastructure to be built on the territory referred to in it.1.1. by the concessionaire with funds provided by it and at its own risk, under the conditions and procedures as specified in the concession contract. 1.4. Port area and port infrastructure, determined by an addendum to the concession contract in accordance with enacted subsequent amendments to the detailed site development plan and subsequent amendments to the approved cadastral map. 6. Description and scope of services and/or business activities, which the concessionaire may perform through the object of the concession: At the Port Terminal the following services and business activities may be performed: 1. Port services relating to handling cargo and mail. 2. Marine and technical services (mooring, power supply of vessels, telephone and water supply) performance of which requires the use of the port area and/or port facilities. 3. Accompanying activities under Art. 116a, para. 1 of the Maritime Space, Inland Waterways and Ports Act of the Republic of Bulgaria under the conditions and procedures specified in the concession contract or the amendment thereto. 7. Type of procedure: Open procedure 8. Amount of the bid bond for participation in the procedure and the conditions of its submission or payment: Amount: 43,000 Currency: EUR Condition of submission or payment: The Bid Bond shall be the equivalent in BGN of the amount of EUR 43,000 as per the exchange rate of the Bulgarian National Bank in the form of a bank guarantee or deposit transferred to the bank account of the Ministry of Transport, Information Technology and Communications - IBAN: BG77 BNBG 9661 3300 1248 01, BIC Code of BNB - BNBG BGSD in BGN. The validity of bonds submitted in the form of bank guarantee shall be in accordance with the provisions of Section V of the Concessions Act. 9. Validity term of the bids: 360 calendar days from the date of submission of the bid 10. Place and deadline for receiving the bidding documentation: Place: Republic of Bulgaria, Sofia, Ministry of Transport, Information Technology and Communications, 9, Dyakon Ignatiy Street Number of calendar days after the promulgation in State Gazette: 50 days Time: 17:00 11. Price and method of payment of the bidding documentation: Price in figures: 2,000 Currency: BGN Method of payment: Page 2 of 8
By bank transfer to the bank account of the Ministry of Transport, Information Technology and Communications- IBAN: BG42 BNBG 9661 3000 1248 01, BIC Code of BNB - BNBG BGSD in BGN 12. Language in which the bids must be written: Bulgarian; 13. Place and deadline for the submission of bids: Place: Republic of Bulgaria, Sofia, Ministry of Transport, Information Technology and Communications, 9, Dyakon Ignatiy Street, Room 1007 and 1011 Number of calendar days after the promulgation in State Gazette: 53 days Time: 17:00 14. Place and date of opening of bids: Place: Republic of Bulgaria, Sofia, Ministry of Transport, Information Technology and Communications, 9, Dyakon Ignatiy Street, Office 3 Number of calendar days after the promulgation in State Gazette: 54 days Time: 11:00 15. Documents, certifying the circumstances under Art. 16, para. 2 and 3 of the Concessions Act (CA): The absence of the circumstances under Art. 16, para. 2 and 3 of the CA shall be evidenced by: 1. Court certificate or equivalent document issued by a judicial or administrative authority of the state where the bidder has been established in order to verify the absence of bankruptcy and liquidation proceedings, unless the application attached to the bid specifies the UIC under Art. 23, para. 1 of the Commercial Register Act; 2. Court certificate or equivalent document issued by a judicial or administrative authority of the state of domestic legislation of the natural person in order to verify the following: 2.1. Regarding the Bidder legal entity: the lack of an effective sentence of (a) Manager, of (b) any member of the managing body, and in case where a member of the managing body is a legal entity of (c) its representative to the respective managing body for any of the following offenses: 2.1.1. against property; 2.1.2. against the national economy; 2.1.3. against the financial, taxation or social security systems (money laundering or fraud); 2.1.4. abuse of office or for bribe-taking (corruption); 2.1.5. for crimes involving participation in a crime ring. 2.2. Regarding the Bidder natural person: 2.2.1. the lack of an effective sentence for the crimes referred to in it. 2.1.1 to 2.1.5, and 2.2.2. lack of depriving a person of the right to engage in economic activity. 3. When the Bidder is: Page 3 of 8
3.1. an association - the documents referred to in it. 1 and 2 shall be presented for each member of the association; 3.2. a foreign person and the legislation of its state of domicile does not provide for the issuance of the documents under it. 1, and 2, or when they do not cover all cases referred to in it. 1 and 2, then the Bidder shall submit an affidavit, provided that such affidavit has legal powers under the legislation of its state of domicile. When the affidavit does not have any legal powers, the Bidder shall submit an official statement, signed before a judicial or administrative authority, Notary Public or any other competent professional or trade authority in its state of domicile. In the cases referred to in it. 3.2, the person shall submit a copy of the instruments evidencing the legal value of the procedure under which the document was issued, including translation into Bulgarian. 4. In the process of the procedure the Bidders are required to notify the Commission of any changes occurred in circumstances under Art. 16, para. 2 and 3 of the CA within 7 days from their occurrence. 16. Relevant circumstances and verification documents under Art. 16, para. 4 of the Concessions Act: 1. Any Bidder shall be excluded from participation in the procedure if it: 1.1. is under insolvency proceeding; 1.2. has obligations for public receivables of the state or municipality as per the provisions of Art. 162, para. 2 of the Tax Proceedings and Social Security Code, certified with an act enforced by a competent body, unless the Bidder has been given permission for rescheduling or extension of the terms for paying the obligations, or outstanding liabilities to the state of domicile for foreign Bidders; 1.3. has overdue outstanding liabilities to employees employed by the Bidder; 1.4. has been a concessioner and the concession contract has been terminated due to Bidder's fault; 1.5. is guilty of professional misconduct for which the Commission has documentary evidence issued by competent authority; 1.6. has not provided all the information required to be submitted by the Bidders under the procedure for granting concession, or the information submitted is incomplete or inaccurate. 2. The absence of the circumstances under it.1 shall be evidenced as follows: 2.1. Under it.1.1 - court certificate or equivalent document issued by a judicial or administrative authority of the state where the Bidder has been established in order to verify the absence of bankruptcy proceedings, unless the application attached to the bid specifies the UIC under Art. 23, para. 1 of the Commercial Register Act; 2.2. Under it. 1.2. - certificate under Art. 87, para. 6 of the Tax Proceedings and Social Security Code, respectively a document according to the legislation of the state of domicile of the Bidder; 2.3. Under it. 1.3. - Declaration according to Appendix 13; 2.4. Under it. 1.4. - Declaration according to Appendix 14; 2.5. Under it. 1.5. - Declaration according to Appendix 15. 2.6. The circumstances under it.1.6 shall be established by the Commission by a reasoned decision. 3. When the Bidder is: 3.1. an association - the documents referred to in it. 2.1-2.5 shall be presented for each member of the association; 3.2. a foreign person and the legislation of its state of domicile does not provide for the issuance of the documents under it. 2.1-2.5, or when they do not cover all cases Page 4 of 8
referred to in it. 2.1-2.5, then the Bidder shall submit an affidavit, provided that such affidavit has legal powers under the legislation of its state of domicile. When the affidavit does not have any legal powers, the Bidder shall submit an official statement, signed before a judicial or administrative authority, Notary Public or any other competent professional or trade authority in its state of domicile. In the cases referred to in it. 3.2, the person shall submit a copy of the instruments evidencing the legal value of the procedure under which the document was issued, including translation into Bulgarian. 4. In the process of the procedure the Bidders are required to notify the Commission of any changes occurred in circumstances under Art. 16, para. 4 of the CA within 7 days from their occurrence. 17. Selection criteria and the documents evidencing compliance therewith: 17.1. Suitability to pursue the professional activity: Requirements and required documents: 1. In order to comply with the criterion of suitability to pursue the professional activity Bidder shall provide evidence for prior experience for the last 3 (three) years as from the date of submission of the Bid in the implementation of: 1.1. port services by a port operator and/or 1.2. activities identical or similar to those that lead to generation and/or transportation of cargo in ports. Identical or similar activities shall be considered the activities leading to generation and/or transportation of cargo by its own and/or chartered vessels in ports. The Bidder performing the services under it.1.1. shall demonstrate that for the last financial year it has handled at least 150,000 tonnes of cargo and the Bidder performing the activities under it.1.2. shall demonstrate that for the last financial year it has generated and/or transported at least 150,000 tonnes of cargo with its own and/or chartered vessels in ports. 2. The compliance with the criterion of suitability to pursue the professional activity shall be evidenced with the certified copies of the following documents: 2.1. Experience in port services as a port operator shall be evidenced by the Bidder with the following documents: 2.1.1. document of registration in a register of port operators or other identical register in accordance with the legislation of the state of domicile of the Bidder. In the event that the legislation of the state of domicile of the Bidder does not provide for registration of port operators, the Bidder may submit a contract, license or other document on the grounds of which it has been granted access to the market of port services; and 2.1.2. documentary evidence of prior experience in the performance of port services: statement list of contracts for at least the last 3 financial years, evidencing the provision of port services and other documents in accordance with the legislation of the state of domicile of the Bidder. and 2.1.3. documentary evidence that within the last financial year the Bidder performing services as per it.1.1. has handled at least 150,000 tonnes of cargo. or Page 5 of 8
2.2. Prior experience in generating and/or transporting cargo by its own and/or chartered vessels in ports shall be evidenced by the following documents: 2.2.1. documentary evidence of prior experience in generating and/or transporting cargo by its own and/or chartered vessels in ports: statement list of contracts for the last 3 calendar years demonstrating the generation and/or transportation of cargo, mandatory stating the contractual parties, duration of contract, volume of cargo, contact information of the other contractual party and other documents; the list shall be accompanied with performance references of each of the contracts, specifying the period and the volume of cargo; and 2.2.2. documentary evidence that within the last financial year the Bidder performing the activities as per it.1.2 has generated and/or transported at least 150,000 tonnes of cargo by its own and/or chartered vessels in ports. 17.2. Economic and financial standing: Requirements and required documents: 1. The criterion of economic and financial standing shall be evidenced by the Bidder by demonstrating: 1.1. subscribed equity of at least BGN 1,000,000 (one million) and/or 1.2. carrying amount of assets at least BGN 20,000,000 (twenty million) and/or 1.3 revenue from port management and/or operation for at least 1 (one) of the last 3 (three) financial years as from the date of submission of the bid amounting to at least BGN 4,000,000 (four million). 2. The compliance with the criterion of economic and financial standing shall be evidenced as follows: 2.1. One or more documents evidencing the amount of the subscribed equity of the Bidder and the carrying amount of its assets. 2.2. Annual financial statements for the last 3 financial years. In the event that the legislation of the state of domicile of the Bidder requires it, the presented annual financial statements shall be certified by an auditor. The lack of requirements for auditing under the respective legislation shall be evidenced by the Bidder by filing a declaration. When the Bidder prepares consolidated financial statements, to demonstrate compliance with the criterion of economic and financial standing it may use the data from the consolidated financial statements. If the Bidder is a foreign person, it shall submit its audited annual financial statements in translation into Bulgarian language, accompanied by a reference of the exchange rates of the relevant currency to BGN as quoted by the Bulgarian National Bank as of 31st December of the year of the respective annual financial report, used to demonstrate compliance with the criterion; If the Bulgarian National Bank does not quote exchange rate of the relevant currency of the Bidder to BGN, then the Bidder may use the respective exchange rate of the relevant currency to BGN quoted by ОANDA Corporation - http://www.oanda.com/convert/fxhistori. 3. In the event of association: 3.1. The Bidder, representing the association shall meet the selection criterion of suitability to pursue the professional activity; 3.2. The criteria of economic and financial standing shall be jointly met by the members of the association as a whole. Page 6 of 8
3.3. Regarding the criteria under it. 3.2, each member of the association shall explicitly specify the selection criterion that it complies with, showing respectively what part thereof it complies with. 4. In the event that a Bidder is appointed to be the Concessionaire, and that Bidder has participated as an association which is not a legal entity, the concession shall be granted to a newly established company, the capital of which is owned by the members of the association according to the ratio specified in their contract of association. 5. Calendar year shall be considered each year commencing on 1 January and ending on 31 December. 6. If the Bidder is an association which is not a legal person, the documentary evidence for selection criteria shall be submitted by the members of the association that prove the compliance of the respective criterion. 7. The application shall contain a Summary showing how and what data and documents are used to demonstrate compliance for each separate selection criterion. If the participant is an association which is not a legal entity, the application shall explicitly specify: share distribution among the members of the association, which member of the association demonstrates the compliance of the Bidder with each selection criterion and a short summary showing how and what data and evidence are used to demonstrate compliance with the relevant criterion. 17.3. Technical capacity and/or professional qualification: Requirements and required documents: There is no requirement for technical capacity and/or professional qualification. 18. Evaluation criterion of most economically advantageous bid: 1. Investment proposal with relative weighting of 30%, containing: 1.1. Investment program, including mandatory investments for the duration of the concession amounting to at least BGN 6,110,000, including an amount of at least BGN 5,060,000 within the first 10 years; 1.2. Plan for financing the concession and assessment of the financial impact of investments on the users of port services; 2. Business proposal with relative weighting of 15%, including: 2.1. Production program 2.2. Social program 2.3. Operations and maintenance program 2.4. Plan for the transitional period 2.5. Organizational - management plan 2.6. Safety and security program. 3. Proposal for a fixed part of the annual concession payment with relative weighting of 30%; 4. Proposal for the variable part of the annual concession payment with relative weighting of 25%. The assessment of the individual criteria shall be made according to the methodology for evaluation - an integral part of the bidding documentation. 19. Option for submitting variants in the tenders: No 20. Procedure for appeal: 20.1. Body responsible for appeal procedures: Page 7 of 8
Official name: Commission for Protection of Competition Address: 18, Vitosha Blvd. Town: City of Sofia Postal code: 1000 Country: Republic of Bulgaria E-mail: cpcadmin@cpc.bg Telephone: 02/ 935 61 13 Website (URL): Fax: 20.2 Service from which information about the lodging of appeals may be obtained: Official name: Commission for Protection of Competition Address: 18, Vitosha Blvd. Town: City of Sofia Postal code: 1000 Country: Republic of Bulgaria E-mail: cpcadmin@cpc.bg Telephone: 02/ 935 61 13 Website (URL): www.cpc.bg Fax: 02/ 980 73 15 21. The concession is related to a project and/or programme financed by EU funds: The concession is related to a project and/or programme: No Name of the project and/or programme: 22. Others, depending on the specifics of the object of the concession and the business activities carried out with it: 23. Date of dispatch of the notice: 13 August 2012. I, the undersigned Svetlana Velikova Milenkova certify the true translation from Bulgarian into English of the document attached. The translation consists of 8 pages. Translator:.. Svetlana Velikova Milenkova Page 8 of 8