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LAUNCH OF THE NEGOTIATION PROCEDURE
On 6 September 2018, the Portuguese Government authorised CP – Comboios de Portugal, EPE (“CP”) – a state-owned company that is responsible for all passenger railway transport services in Portugal –, to launch an international public tender for the supply of 22 trains.
On 4 January 2019, the contract notice was published in the Portuguese Official Journal.
THE PUBLIC SUPPLY CONTRACT
According to the contract notice, the contract shall be executed to supply of:
- 22 trains, divided into 12 bimodal trains and 10 electric trains;
- associated equipment, tools and other special equipment; and
- maintenance and training services.
The maximum price that CP is willing to pay for this purchase is EUR 168,210,000.00 (plus VAT).
The price will be paid over an eight-year period, starting in 2019 and ending in 2026. According to the Government’s statement, the maximum price per year cannot exceed the following amounts (subject to VAT):
- 2019: EUR 5,103,000.00;
- 2020: EUR 5,103,000.00;
- 2021: EUR 16,821,000.00;
- 2022: EUR 16,821,000.00;
- 2023: EUR 30,429,000.00;
- 2024: EUR 34,398,000.00;
- 2025: EUR 36,382,500.00;
- 2026: EUR 23,152,500.00.
The bulk of the investment (around EUR 109,000,000.00 [/109 million]) will be EU-funded, whilst the remaining amount will be sourced from national entities, namely from the Environmental Fund.
THE NEGOTIATION PROCEDURE
The negotiation procedure will be divided into four stages: (i) application to participate in the procedure, (ii) submission of tenders, (iii) negotiation of tenders, and (iv) analysis of final versions of tenders.
In order to participate in the procedure, bidders will have to submit an application and meet the following qualification requirements set out in the tender term sheets:
- Manufacturing facilities and quality systems certified under ISO 9001;
- Experience of supplying of trains for regional or long-distance transport, designed in accordance with ETI Loc&PAS and authorised to operate in at least one Member State of the European Union in the past five years; and
- Experience of providing full maintenance services and technical assistance for trains in the past five years.
Bidders will equally have to meet the following financial standing requirements set out in the tender term sheets:
- Financial autonomy = equity / assets >= 0.25
- Solvency ratio = equity / liabilities >= 0.5
- General liquidity = current asset / current liabilities >= 1
The term in which to submit applications is 30 days, ending on 14 February 2019.
Applicants that meet the experience requirements shall have a term of 45 days to submit their tenders.
Applicants must maintain their tenders for a period of 210 days counting from the tender submission deadline.
The contract shall be awarded to the most economically advantageous tender.
Upon the award of the contract, the tenderer shall provide a 5% security bond.
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