France - Public service concession for urban transport on CINOR territory

Description

Department(s) of publication : 974 Announcement No 23-166731 I.II.III.IV.VI. NOTICE OF CONCESSION Directive 2014/23/EU Section I: Contracting authority/entity I.1) NAME AND ADDRESSES CINOR, Communauté Intercommunale du Nord de la Réunion, 3, rue de la Solidarité - CS 61025, Point(s) de contact : service des marchés et des contrats (2eétage), à l'attention de M. le président, 97495, Sainte Clotilde Cedex (Réunion France), RE, Téléphone : (+33) 02 62 92 34 27, Courriel : [email protected] , Fax : (+33) 02 62 92 53 87, Code NUTS : FRY40 Adresse(s) internet : Adresse principale : https://www.cinor.re Adresse du profil acheteur : https://marches.cinor.fr I.3) COMMUNICATION Contract documents are available free of charge in full and unrestricted direct access at the following address: https://marches.cinor.fr Address from which further information may be obtained: the above-mentioned contact point(s) Applications or, where applicable, tenders must be sent: electronically to the following address: https://marches.cinor.fr I.4) TYPE OF CONTRACTING AUTHORITY I.5) PRINCIPAL ACTIVITY I.6) PRINCIPAL ACTIVITY Urban railway, tramway, trolleybus or bus services Section II: Purpose II.1) SCOPE OF CONTRACT II.1.1) Title: Urban transport public service concession on CINOR territory Reference number: II.1.2) Main CPV code: Main descriptor: 60112000 Additional descriptor: II.1.3) Type of contract Services II.1.4) Brief description: Public service concession procedure pursuant to articles L. 3120-1 et seq. of the French Public Order Code and articles L.1411-1 et seq. and R.1411-1 The contract, which is the subject of this notice of public invitation to tender, constitutes a concession contract within the meaning of article L. 1121-1 of the French Public Procurement Code, for the provision of an urban passenger transport service. The contract has been concluded for a period of eight (8) years from the start of operations on October 1, 2024. II.1.5) Estimated total value : Value excluding VAT : 442 000 000,00 euros II.1.6) Information on lots : This contract is divided into lots : no II.2) DESCRIPTION II.2.1) Title : Lot nº : II.2.2) Additional CPV code(s) Main CPV code: 60112000 Additional descriptor(s): Main CPV code: 60130000 Additional descriptor(s): II.2.3) Place of performance NUTS code: FRY40 Main place of performance: Saint-Denis de la Réunion, Sainte-Marie, Sainte-Suzanne II.2.4) Description of services: The concessionaire is entrusted by CINOR with the management of the public transport network: it is responsible for the maintenance, organization, production and marketing of services. The concessionaire manages public transport services in compliance with the provisions of the public service concession contractual documents. II.2.5) Award criteria The concession is awarded on the basis of the criteria set out in the contract documents II.2.6) Estimated value Value excluding VAT: 442,000,000.00 euros II.2.7) Duration of the concession Duration in months : 96 II.2.13) Information on European Union funds The contract is part of a project/program financed by European Union funds : no Project identification : II.2.14) Additional information : Section III : Legal, economic, financial and technical information III.1) CONDITIONS OF PARTICIPATION III.1..1) Authorization to carry out the professional activity, including requirements relating to registration in the trade or professional register List and brief description of the conditions, indication of the information and documents required: A) A letter of application, dated and signed, and the power of attorney of the person empowered to bind the applicant for the public service concession mentioned in the subject line, as well as, where applicable, the empowerment of the agent by his co-contractors; This letter specifies the full identity of the applicant, indicating whether he is presenting himself alone or as part of a group of companies; in the case of a consortium, the letter of application must indicate the composition of the consortium, the form of the consortium and the name of the company acting as representative, and must be accompanied by the authorization given by each co-signatory to the representative to sign the application on behalf of the consortium; this letter of application must be accompanied by proof that the person(s) signing it have(ve) the necessary authority. The letter of application must indicate a single e-mail address for the applicant; B) Proof of the authority of the person empowered to bind the applicant;C) A presentation of the applicant (legal form, date of creation, share capital, main shareholders or partners) together with contact details: postal and e-mail addresses to which correspondence and requests relating to this consultation procedure should be sent;D) A declaration on honour certifying:1° That the applicant is not the subject of any exclusion from participation in the procedure for the award of concession contracts provided for in articles L. 3123-1 to L. 3123-14 of the French Public Procurement Code;2° That the information and documents relating to its capacities and skills, required in application of articles L. 3123-18 and L. 3123-19 of the French Public Procurement Code and under the conditions set out in articles R. 3123-1 to R. 3123-8 of the French Public Procurement Code, are accurate.Pursuant to article R3123-17 of the French Public Procurement Code, no later than before the award of the contract, the candidate must produce a document certifying that it has not been excluded from participation in the concession contract award procedure provided for in articles L. 3123-1 to L. 3123-14. In application of article R3123-18 of the French Public Procurement Code, to prove that it has fulfilled the obligations set out in article L. 3123-2, the candidate must produce a certificate issued by the competent authorities and organizations. The list of taxes, contributions or social security contributions for which a certificate must be issued, as well as the list of competent administrations and bodies, are set out in an order of the Minister for the Economy appended to the present code.E) Proof of registration in the trade or professional register, or receipt for filing a declaration with a center for business formalities for those in the process of registering, or equivalent. Foreign bidders will be required to produce equivalent documents.F) If the candidate is under safeguard or receivership proceedings, a copy of the judgement(s) pronounced to this effect (or their equivalent for foreign candidates not established in France), together with a note demonstrating that it is in a position to perform the concession contract, taking into account the rules applicable to the continuation of activities in such situations. III.1..2) Economic and financial capacity List and brief description of the selection criteria, and indication of the information and documents required: G) Overall sales for the last three financial years available; H) Balance sheets and profit and loss accounts for the last three financial years for which the accounts have been closed, or any other document containing the same data, concerning all the applicant's activities in the area covered by the concession;I) The composition of the applicant's share capital in the case of a single applicant or for each member of the consortium, it being specified that newly-created structures will produce the available information or, if they are unable to produce any of the above information or documents, any other document capable of proving their economic and financial capacity. Minimum specific level(s) required: III.1.3) Technical and professional capacity List and brief description of the selection criteria, indication of the information and documents required: J) Professional references in progress over the last five years and/or any other references or information likely to demonstrate its suitability for the public service concession covered by these regulations. K) A sworn statement of the tools, equipment and technical facilities available to the applicant or each member of the applicant group for the provision of services in the area covered by the concession or in a comparable area and/or any other area likely to demonstrate the technical and professional capacity of the applicant or applicant group. L) A declaration on honour concerning the number of employees of the candidate or each member of the candidate group and the size of the supervisory staff for each of the last three years (or since the date of creation of the company if this is less than three years). M) Indication of the professional qualifications of the persons who will be responsible for executing the concession contract, in application of article R3123-2 of the French Public Order Code. N) A note presenting the candidate's ability to ensure continuity of public service from the start of operations, and the equality of users before the public service. O) For road passenger transport operators only: Community license and/or domestic transport license (or proof that steps have been taken to obtain these documents at the latest before the contract is awarded), as well as the attestation of capacity to practice the profession of public road passenger transport operator (or proof that steps have been taken to obtain these documents at the latest before the contract is awarded). NB: In support of its application, the candidate may present the capacities and skills of other economic operators, if it can demonstrate that it will have them at its disposal for the duration of the contract. In this case, it must produce the same documents as above, with the exception of the letter of application, and prove that it has them available for the performance of the contract (this proof may be provided by any appropriate means, such as a written undertaking by the economic operator that it will make its resources available to the applicant throughout the performance of the Contract). Companies in the process of being incorporated or newly created may be admitted to submit a bid under the same conditions as existing companies. In the case of newly-formed companies, each partner must supply all the above documents (unless this is impossible for objective reasons, see NB below), and a copy of the signed articles of association must be supplied. NB: Applicants who are unable to present certain documents required for the analysis of their financial and professional guarantees and their ability to ensure the continuity of the public service and the equality of users before the public service, for an objective reason (e.g. new company), may demonstrate their guarantees and abilities by any other means (e.g. presentation of the qualifications or professional experience of their manager(s)). The objectivity of the situation preventing the candidate from producing one of the above-mentioned documents will be sovereignly assessed by the bid opening committee. To justify the conditions of participation, candidates, even if they are part of a group, may also request that the capacities of other economic operators be taken into account. In this case, it will have to produce the same documents and the fact that it has them at its disposal for the performance of the contract (this proof can be provided by any appropriate means, such as a written undertaking by the economic operator that it will make its resources available to the candidate throughout the performance of the Contract). Minimum specific level(s) required : III.1.5) Information on reserved concessions III.2) Conditions linked to the concession III.2.1) Information concerning the profession The service is reserved for a specific profession Reference to the applicable legislative, regulatory or administrative provisions: The service is reserved for a specific profession: the profession of public road transport as defined in article R. 3113-2 of the French Transport Code. III.2.2) Conditions of performance of the concession: The concessionaire will be responsible for applying the provisions of article L. 1224-1 of the French Labour Code concerning the obligation to take back staff.In the interests of promoting employment and combating exclusion, CINOR has decided to include a mandatory clause on integration through economic activity in the specifications. The delegatee undertakes, during the performance of the concession, to reserve for persons eligible for integration schemes any job vacated or newly created during the term of the contract, and relating solely to operational personnel. III.2.3) Information on personnel responsible for the performance of the concession III.2.4) Contract eligible for MPS Transmission and verification of application documents may be carried out by the Simplified Public Procurement system on presentation of the SIRET number: NO Section IV: Procedure IV.1) DESCRIPTION IV.1.8) Information concerning the Government Procurement Agreement (GPA) The contract is covered by the Government Procurement Agreement: IV.2) ADMINISTRATIVE INFORMATION IV.2.2) Deadline for submission of applications or receipt of tenders 1.e.r March 2024 - 12:00 IV.2.4) Language(s) which may be used in the tender or request to participate: French Section VI : Additional information VI.1) RENEWAL This is not a renewable contract Provisional publication schedule for next notices: VI.2) INFORMATION ON ELECTRONIC EXCHANGES VI.3) ADDITIONAL INFORMATION This is an open procedure, which means that the consultation file is made available to tenderers as soon as the public invitation to tender is published. Tenders will be submitted at the same time as applications. The deadline for receipt of bids is local time (Reunion Island). Additional information in section lll.1.3) Technical and professional capacity: Before examining the applications, if it appears that any of the documents in the application file are missing or incomplete, the local authority may, in application of article R. 3123-20 of the French Public Procurement Code, decide to ask all the tenderers concerned to produce or complete these documents within an appropriate period of time. Section lll.2.3) Information on the personnel responsible for executing the concession: Obligation to indicate only the professional qualifications of the persons who will be responsible for executing the concession contract. - Will variants be considered? Only one mandatory variant is required. The bidder is not authorized to submit a free variant. - Information on options: Options: yes. Description of options: The concessionaire will operate the delegated services, taking into account the implementation of exclusive right-of-way public transport and cable car projects within the local authority's territory, the modification of the transport offer on Sundays, and the redesign of the service's graphic charter.Given the implementation of these projects, the operation of the network will be divided into a firm tranche and four optional tranches:Firm tranche: Operation of the current urban transport network. Optional tranche 1: Restructuring of the bus network following the commissioning of a cable link between lower Bellepierre and La Montagne. Option 2: Relocation of the current bus station to the Lambert barracks (BAOBAB project). Optional section 3: Increase in Sunday service based on Saturday service ? Optional stage 4: Redesign of the graphic charter - Information on reserved concessions: not applicable. A visit to the works (not compulsory) is organized by the Collectivité for all bidders on FRIDAY FEBRUARY 09TH 2024 (Meet at 9 a.m. at Cinor headquarters), under the conditions specified in article 8 of the consultation regulations. - Additional information: Conditions for obtaining the Consultation file: only downloadable from the website www.cinor.re , Section: Marchés publics en cours (click on the action: accéder à la consultation), or on the direct link: https://marches.cinor.fr . The dematerialization assistance form is available at https://marches.cinor.fr under the heading: Assistance. -Conditions for obtaining additional information: all questions must be sent electronically to the following website: https://marches.cinor.fr , in accordance with the conditions specified in article 8 of the consultation regulations. -Submission of applications and tenders: only by electronic means (on the website: https://marches.cinor.fr), under the conditions specified in article 6.2 of the consultation rules VI.4) APPEAL PROCEDURES VI.4.1) Instance chargée des procédures de recours : Tribunal Administratif de La Réunion, 27 rue Félix Guyon, CS 61107, 974040, Saint-Denis CEDEX, RE, Téléphone : (+33) 02 62 92 43 60, Courriel : [email protected] , Fax : (+33) 02 62 92 43 62, Adresse internet : http://la-reunion.tribunal-administratif.fr VI.4.2) Organe chargé des procédures de médiation : VI.4.3) Time limits for lodging appeals: Pre-contractual right of appeal (Référé précontractuel) throughout the award procedure up to the signing of the contract and before the conclusion of the contract (article L. 551-1 of the Code of Administrative Justice).Contractual right of appeal (Référé contractuel) which may be exercised no later than the thirty-first day following publication of a notice of award of the contract (article L. 551.13 et seq. of the French Code of Administrative Justice) Any competitor who has been unsuccessful in obtaining an administrative contract may bring an action before the administrative court challenging the validity of the contract or of certain of its clauses which are divisible therefrom, together with claims for compensation where appropriate, within 2 months of the appropriate publicity measures, in particular publication of the award notice. VI.4.4) Service auprès dont des renseignements peuvent être obtenus sur l'introduction de recours : Tribunal Administratif de La Réunion, 27 rue Félix Guyon, CS 61107, 974040, Saint-Denis CEDEX, RE, Téléphone : (+33) 02 62 92 43 60, Courriel : [email protected] , Fax : (+33) 02 62 92 43 62, Adresse internet : http://la-reunion.tribunal-administratif.fr VI.5) DATE OF DELIVERY OF THIS NOTICE December 8, 2023 Receive similar notices

Opportunity closing date

01 March 2024

Value of contract

to be confirmed