STANDARD TENDER DOCUMENT FOR PUBLIC SERVICES …



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REPUBLIC OF ALBANIA

PUBLIC PROCUREMENT AGENCY

STANDARD DOCUMENTS FOR PROCEDURE

CONSULTANCY SERVICES[1]

“DRAFTING OF THE DETAILED TECHNICAL DESIGN OF THE NEW INTEGRATED COMMERCIAL PORT OF DURRES IN PORTO ROMANO”

I CONTRACT NOTIFICATION

Section 1. Contracting Authority

1.1 Name and address of contracting authority

Name Durrës Port Authority

Address District nr. 1, Rruga Tregtare, Durrës

Tel/Fax +355 52 2 93420

E-mail: s.mece@durresport.al

Website durresport.al

1.2 Type of contracting authority:

|Central Institution |Independent institution |

|δ |δ |

|Local government unit |Other |

|δ |X |

1.3 Contract under a special Agreement between Albania and another State

|Yes |δ |No |X |

Section 2 Object of the contract

2.1 Reference number of the procedure/lot: REF-97696-06-08-2021

2.2 Type of “Public Service Contracts”

|Consultancy Services |

|X |

| | | | | |

2.3 Contract based on the Framework Agreement

|Yes |δ |No |X |

2.4 Type of Framework Agreement

With one Economic Operator δ

With several Economic Operators δ

All terms are defined Yes δ No δ

In the Framework Agreement with 1 Economic Operator, where all terms are defined, please provide the reasons for selecting said Framework Agreement

| |

| | | | |

2.5 Number of economic operators, whom the Framework Agreement will be concluded with:___________(Please define the maximum number of Economic Operators, whom the Framework Agreement will be concluded with).

|2.6 |The terms to be followed in case of reopening of the bidding process |      |

| |and/or possible use of electronic bidding | |

2.7 Contracting Authority/Authorities who will enter into the framework agreement: _________________________________________________________________

___________________________________________________________________________

2.8 Brief description of the framework agreement/contract

1. The limit fund/Expected value of the contract 1,145,354,372.96 (one billion one hundred forty-five million three hundred fifty-four thousand three hundred seventy-two and ninety-six hundredths) ALL VAT excluded

2. Should the procurement object be composed of several items, the unit price sum shall be __________________________________________

3. Source of Funding: Made available from the institution's own funds.

4. Object of the framework agreement/contract: “Drafting of the Detailed Technical Design of the new Integrated Commercial Port of Durres in Porto Romano”.

2. 9 Duration of contract or deadline for execution: 

Duration in months: 8 (eight) months from the date of entering into the contract.

or

from δδ/δδ/δδδδ to δδ/δδ/δδδδ

2.9.1. Duration of the Framework Agreement

|Duration in months: or days: (upon the signature of the Framework Agreement (not longer than (4) years)) |

|Or from // (dd/mm/yyyy) |

|to // (dd/mm/yyyy) |

2.10 Location of service performance, object of framework agreement/contract:

2.11 Division into LOTS:  

|Yes |δ |No |X |

If yes,

2.12 Brief description of lots

(Lot object and limit fund) 1_____________________________________________________________________________2.____________________________________________________________________________3.____________________________________________________________________________etc

A Bidder may apply for [one lot], [several lots], [all lots]. A special bid is submitted for each lot.

2.13 Options:  

Number of potential renovations (if any):

Or: from δδ to δδ

2.14 Variations will be accepted:  

|Yes |δ |No |X |

2.14.1 Subcontracting will be accepted:  

|Yes |δ |No |X |

Should subcontracting be allowed, please specify the allowed rate for subcontracting: ___

The Contracting Authority shall make direct payments to the subcontractor:

|Yes |δ |No |δ |

Other notes

- The applicable law is Law No. 162/2020, dated 23/12/2020, “On Public Procurement”

- At the end of the procurement procedure, regarding the signing of the contract, the economic operator shall have:

- A Copy of the Electronic Certificate for the Fiscalization, for the taxpayers who use the Central Invoice Platform.

- A Copy of the Electronic Certificate for the Fiscalization and a valid Copy of the Contract signed with the Certified Company on the software solution in use, for the taxpayers who issue invoices through the software solution.

Section 3 Legal, Economic, Financial and Technical Information

3.1 Acceptance Criteria : according to Appendix 10.

3.2 Bid guarantee: (applicable in the case of procurement procedures with a value higher than the upper monetary limit, if required by the contracting authority). The Economic Operator submits the Bid Security Form, when required, according to Appendix 6. Required value of the insurance bid is 22.907.087,46 (twenty two million nine hundred seven thousand eighty seven / comma forty six) ALL.

In case of bid submission for Lots, when required, the bid security value for each Lot is as follows:

Lot 1 ______ ALL

Lot 2 ______ ALL

Section 4 Procedure

4.1 Type of procedure: Consultancy Services

This procedure consists of two main phases:

Phase 1 - Expression of Interest and Pre-qualification (short listed):

Candidates will submit the request for expression of interest and the required documents to the DT.

The Contracting Authority shall review the documents submitted by the Candidates , and shall assess whether or not they fulfill requirements, which are defined in tender documents. Candidates, who do not meet qualification criteria, shall be disqualified and immediately notified on such disqualification.

At the end of this phase, the qualified candidates are included in a short list, which shall contain at least 2 (two) candidates.

Phase 2 - Submission of Proposals: The Contracting Authority sends an invitation to submit proposals to the candidates who have been qualified for Phase 1 (Shortlisted Bidders).

Bids shall be reviewed and assessed by the Contracting Authority according to relevant criteria. The latter shall award the contract to the Bidder, who submitted the best bid evaluated.

4.2 Winner selection criteria:  

The best bid based on:

Price

and

Technical proposition:

Technical Evaluation Criteria Points

i) Experience in Related Consultant Jobs [-]

(ii) Proposed Methodology [-]

(Technical approach and methodology, work plan, organizational ability)

(iii) Proposed Key Staff Qualifications [-]

(iv) Knowledge Transfer, (if required) [-]

❑ See the document uploaded to SPE “Appendix 4 - evaluation criteria”

4.3. Expression of Interest request submission deadline:  

Date: 09/07/2021 (dd/mm/yyyy) Time:11:00

Location : .al

When the request of Expression of Interest is required to be submitted through electronic means, Economic operators shall submit such request and the required documentation electronically on the official PPA website, .

4.4. The opening date for Expressions of Interest (EoI):  

Date: 09/07/2021 (dd/mm/yyyy) Time:11:00

Location: .al

The information communicated during the public opening of bids submitted electronically, shall be communicated to all Economic Operators who have submitted bids, upon their request.

4.5 Bid Validity Period: 150 (expressed in days)

4.6 Language (s) for drafting the proposal and expression of interest:

|Albanian |X |English |X |

|Other |_______________ |

Section 5 Additional information

5.1 Documents given upon payment (applicable only for procedures carried out electronically):

|Yes |δ |No |δ |

If yes,

|Currency |_________ |Price |_______ |

This price shall cover the actual costs of copying and distributing TD to Economic Operators. Interested economic operators shall be entitled to checking TD before their purchase.

5.2 Additional information (location, office, ways to withdraw tender documents)

______________________________________________________________________________

Date of distribution of this notice 09/06/2021

Contract notification to be filled in by the Contracting Authority, which will be published in the Public Notices Bulletin

1. Name and address of the contracting authority

Name Durres Port Authority

Address Lagjja nr. 1, Rruga Tregtare, Durres

Tel/Fax +355 52 2 93420

E-mail: s.mece@durresport.al

Website durresport.al

2. Type of procurement procedure: Consultancy Services

3. Object of the framework agreement/contract: “Drafting a Detailed Technical Design of the new Integrated Commercial Port of Durres in Porto Romano “

4. Reference number of the procedure/lot: REF-97696-06-08-2021

5. Limit fund 1,145,354,372.96 (one billion one hundred forty five million three hundred fifty four thousand three hundred seventy two points ninety six) ALL without VAT.

6. Contract duration or execution time limit: 8 (eight) months from the date of entering into the contract.

7. Expression of Interest request submission deadline: Date: 09/07/2021 Time: 11:00

8. Deadline for opening of the requests for expression of interest: Date: 09/07/2021 Time: 11:00

162/ 2020, dated 23/ 23/ 2020 ,”On Public Procurement”

II. INSTRUCTIONS FOR ECONOMIC OPERATORS

Section 1. Request/ Bid Drafting

1.1 The candidates/bidders shall draft their requests/bids, in compliance with the requirements provided under TDs. The requests/bids that are not prepared according to these TDs shall be rejected as non-acceptable.

1.2 All costs for the preparation and submission of the bid shall be borne by the candidates/bidders. The Contracting Authority shall not be liable for such costs.

1.3 For procurement procedures carried out in writing, the original request/bid shall be typed or written in indelible ink. All pages of the request/bid must be bound together and numbered. All pages of the request/bid, except printed non-changeable and printed literature, shall bear the initials of or be signed by the Authorized Person(s). Any change in the request/bid must be legible and signed by the Authorized Persons.

1.4 In the case of bids submitted by a consortium of economic operators, the bid shall be accompanied with the Power of Attorney/Written authorization for the Authorized Persons representing the consortium during the procurement procedure

1.5 The economic operator shall be responsible for all documentation submitted as part of the bid. In case of verification of such documentation or self declarations, should their content not appear to be true, the economic operator shall be in the terms provided for in Article 13, paragraph 3, subparagraph (a) of the LPP.

Section 2 Phase I - Pre-qualification()

2.1 The submission of Requests for Participation shall be within the final deadline defined in the Contract Notification.

By filling in the Appendix “Declaration on Guarantee of Applicability of Legal Provisions on Labor Relations”, the Economic Operator shall admit that it has entered into work contracts with any employee and that it respects the rights of employees, pursuant to the provisions of the Labor Code (which includes the rights of pregnant women, new mothers and/or lactating mothers, provided for in Articles 104, 105, 105/a, 106, 108 and 115)), and the labor legislation in its entirety.

Requests submitted after the deadline shall be returned unopened to.

The information communicated during the public opening of bids submitted electronically, shall be communicated to all Economic Operators who have submitted bids, upon their request.

2.2 Requests must be submitted at the following address:

_____________________________________________________.

When the Request is required to be electronically submitted, economic operators must submit the request on the PPA official website, .al.

2.3 For procurement procedures carried out in written form, economic operators shall submit the original request, enclosed in a non-transparent envelope, stamped and signed with the name and address of the Candidate and marked: “Request for Pre-Qualification in procedure No. of Contract___________”

“DO NOT OPEN, EXCEPT IN CASES WHEN THE BID EVALUATION COMMISSION IS PRESENT, . AND NOT BEFORE _____________ (dd/mm/yy), ______at_____”.

When the Request is required to be electronically submitted, economic operators must submit the request on the PPA official website, .al.

Section 3 Phase II Submission and evaluation of proposals

3.1 The bids shall be submitted solely by the candidates who have received an invite for tender by the Contracting Authority, according to the model provided in Appendix 2.

3.2 The bid should include the following documents:

The proposal consists of the technical proposal and the economic proposal.

Technical proposition:

a) Detailed description of the proposed Services and their methodology, containing all the information required in the Tender Documents, and which is sufficient for the Contracting Authority to determine whether the proposed Services meet the requirements specified in the Terms of Reference;

b) The List and the Curriculum Vitae of the Key Personnel;

c) The Implementation Schedule;

d) The alternative technical proposal, if allowed;

(any other document specified by the Contracting Authority)

Economic proposal

a) Price Structure Format (Appendix 4);

One Economic Operator should submit one bid only.

b) Independent Bid Submission declaration according to Appendix 4/1 TD.

3.3 Process confidentiality pursuant to Article 25 of the LPP.

3.4 For procurement procedures, which take place in writing documents, bidders shall submit the original proposal, which consists of the technical proposal envelope and the economic proposal envelope, which are clearly identified by making the relevant notes.

The proposal shall be placed in a non-transparent envelope, sealed and signed with the name and address of the Bidder and marked: “Proposal for Consulting Services __________; No. of Contract Notification _______________

“DO NOT OPEN, EXCEPT IN CASES WHEN THE BID EVALUATION COMMISSION IS PRESENT, AND NOT BEFORE _____________ (dd/mm/yy), ______at_____”.

When the bid is required to be submitted by electronic means, economic operators must submit the bid electronically on the PPA official website, .al.

3.5 For procurement procedures that are carried out in writing, the bidders may modify or withdraw their bids, provided that such modification or withdrawal is carried out before the final deadline for bid submissions. Both modifications and withdrawals shall be communicated to the Contracting Authority in writing prior to the final bid submission deadline. The envelope that contains the Bidder's declaration should respectively state: “BID MODIFICATION” or “BID WITHDRAWAL”.

When the bid is requested to be submitted via electronic means, the bidder may modify the bid at any time before the final bid submission deadline, without any required communication with the responsible authority, after carrying out any action in their accounts, on APP official website, .

Section 4 Calculation of economic bid

4.1 All proposed prices shall be fixed and not subject to review. The applicants should provide the following:

- Fees per unit of time for each person;

- Summary of direct and indirect costs and expenses, including taxes, fees, license fees, insurance and other costs related to the performance of the Services;

- -Total price of the proposal without VAT; and the value of VAT, if applicable.

- (any other information specified by the Contracting Authority).

Alternative Proposals

4.2 If permitted in the Tender Documents, Bidders may submit alternative technical proposals for the requirements specified in the Tender Documents. The Contracting Authority may only consider technical alternatives, if any, to that bidder who has submitted the winning proposal, in accordance with all DT requirements.

4.3 If required in the Tender Documents, each bidder shall submit associated with the main proposal, a separate proposal for certain services, described in the Tender Documents, which the Bidder may or may not include in the contract. These special proposals are called “alternative / possible proposals”. The selection of the winning proposal will consider alternative / potential proposals only if specifically permitted in the Bid Documents.

4.4 In the case of a framework agreement, in any condition in which are NOT set the fixed Prices for the contracts based on the framework agreement, they are subject to change after a Mini-competition between the parties which are part of the framework agreement.

4.5 When requested, the Bid Security shall be submitted with the Bid prior to the bid submission deadline expiry. Failure to fulfill the Bid Security requirements shall result in bid rejection.

4.6 Bid security shall be in any of the following forms:

a) bank guarantee,

b) bond

The bid security form shall be signed by the issuing party (Bank, insurance company, etc.) and shall be submitted together with the bid before opening of bids, otherwise the bid will be rejected.

The above mentioned documents shall be valid during the period of bid validity. In case a bid security is in the form of a bank guarantee, the Contracting Authority returns it to the bidders within 15 days from contract signature.

4.7 Bid Validity Period

Bid validity period shall start at the moment of bid opening. In any case, at least 5 days before the deadline for the bid validity, the contracting authority may require in writing the Bidder to extend the validity period until a given date. The Bidder may reject such request in writing without losing the right to compensation of the bid security, if any. The Bidder who agrees to extend the bid validity period shall notify in writing the Contracting Authority and provide an extended bid security, if any. The Bid shall not be modified. In case a Bidder, following a Contracting Authority request to extend the bid validity period, does not respond, or accept, or submit an extended bid insurance, when due, the Contracting Authority shall reject the bid.

4.8 Unlawful actions shall be considered under Article 26 of LPP

Section 5. Qualification evaluation

Evaluation of Technical Proposals

5.1 The Contracting Authority shall review any technical proposal to confirm whether it complies with all the requirements set forth in the Tender Documents and that it accepts all Terms and Conditions. The proposal that does not meet the Terms of Reference, or fails to comply with the Terms and Conditions of the contract, stated in the Tender Documents, will be rejected. The Contracting Authority evaluates and ranks the technical proposals in accordance with the procedures and evaluation criteria presented in the Tender Documents. No evaluation criteria will be used unless presented in the Tender Documents. If the Tender Documents provide for a minimum result to be achieved, any proposal that does not reach this minimum will be rejected.

Opening of the Financial Proposals

5.2 Upon completion of the evaluation of the technical proposals, the Contracting Authority notifies the Bidders, whose proposals have been rejected, as they have not met some important aspects of the Requests, or they have failed to obtain the minimum result, if this is foreseen. At the end of the complaint period, the Contracting Authority sends the notification on the day and hour of the opening of the economic proposals to all the candidates, whose economic proposals will be opened. On the date and time specified, the Contracting Authority opens the economic proposals. Bidders or their authorized representatives will be allowed to attend the opening of the proposals. The envelope on which it is written “Economic Proposal” will be opened for each proposal that has not been rejected before, and the following information will be announced and registered: the name of the Bidder, the result of the evaluation of the technical proposal, the Proposed Price, as stated in the economic proposal .

Evaluation of the Economic Proposals

5.3 The Contracting Authority determines whether the economic proposals are complete, corrects any arithmetic errors and for the purposes of comparison and evaluation, converts all the proposal prices into a single currency. The Contracting Authority lists and assigns a result for each economic proposal.

Comparison of Proposals

5.4 The Contracting Authority ranks the proposals according to the combined technical and financial results, using the weight shown in the Tender Documents. The bidder who achieves the highest combined technical and financial result will be invited for negotiations and for signing the contract.

Evaluation criteria

❑ see the documentation uploaded in SPE “Link 4 - evaluation criteria”

5.5 The evaluation of the Technical Proposals is performed taking into account the following criteria:

Evaluation criteria Points

i) Experience in Related Consultant Jobs [0-10]

Sub-criteria

i/a Experience for similar work 40-80%

Economic operators shall be evaluated according to successful contracts similar to the procurement object.

i/ b b Economic capacity and quality standard certificates 10-20%

Economic operators shall be evaluated according to the economic capacity and certificates of quality standards presented in the Bid.

In any case, KVO members shall individually argue and document the way of scoring, according to the above sub-criteria.

(ii) Proposed Methodology [20-30]

Sub-criteria

ii a. Technical approach and methodology [20-30%]

ii.b Work plan and project submission schedule [30-40%]

ii.c. Staff Organization [20-30%]

ii / a. Technical approach and methodology: The consultant should explain that he has understood the objectives of the task given in the Terms of Reference, the technical approach and the methodology to carry out the various activities in order to obtain the expected results and the degree of detail of these results. The consultant shall present the main problems and their importance and explain the technical approach he/ she will adopt to solve them. The consultant shall explain the methodology he/she proposes to adopt and shall present the compatibility of these methodologies with the proposed approach (the consultant in this case shall not repeat / copy the Terms of Reference).

ii / b.Work plan and project submission schedule: The consultant shall propose the main activities of the task, the content and duration of the project submission, the phases and the interconnection between them, the stages of the submission of the project reports. The proposed work plan shall be consistent with the technical approach and the methodology, indicating that it has understood the requirements of the Terms of Reference in the concrete work plan. It shall also indicate the ability to transform the Terms of Reference into a concrete work plan. A list of final documents shall be submitted including reports, drawings and tables, which shall be included in this chapter.

ii / c. Organization and support: The consultant shall describe the composition and structure of his team, the list of key experts, the support staff, the CV of the firm and the economic-administrative staff.

In any case, KVO members shall individually argue and document the way of scoring according to the above sub-criteria.

(iii) Qualifications of the Proposed Key Staff [20-50]

The number of points that will be decided for each position or specialty shall be determined taking into account the following sub-criteria and the respective weight in percentage:

a- General qualification [5-20%]

b. Experience in the relevant field [30-80%]

- General qualification includes: relevant education and training, years of experience.

- Experience in the relevant field includes: experience in the specific sector and relevant field related to the position defined in the key staff.

In any case, KVO members shall individually argue and document the way of scoring, according to the above sub-criteria.

(iv) Knowledge Transfer, (if required) [0-10]

If knowledge transfer is not applied (not required), then the maximum points provided for the evaluation of this criterion shall be added to the criterion “Qualifications of the proposed Key Staff”.

Total (Technical Proposal) 100%

▪ The minimum points of the Technical Proposal, to continue with the evaluation of the economic proposal, is 70 points.

The evaluation of the Economic Proposals is performed according to the following formula:

- Pe- Points for Economic Proposal

- Cu- Lowest Price Offered

- C - Queuing Bid Price (starting from the lowest price)

Pe = 100 x Cu / C

(lowest price = maximum points for the economic proposal)

Final assessments

The weights for the Technical and Financial Proposals are given as follows:

Technical Proposal x 0.8 (X)

Finacial Proposal x 0.2 (Y)

The best bid will be according to the combination of the technical proposal points and the economic proposal. Its Calculation formula listed below:

Best bid = X + Y

The economic operator that has received the most points during the collection of the technical and economic points will be invited to negotiate and enter into the contract.

5.6 Correction of errors and removed parts

5.6.1 The Contracting Authority shall correct such errors in the bid that are simply of an arithmetical nature, if the error is found during the review of bids. The Contracting Authority shall immediately notify the Bidder in writing/electronically on any such correction and can continue with the correction of the error, provided that the Bidder accepts such communication. Should the Bidder refuse the proposed correction, the bid shall be rejected, without seizure of bid security, if any.

5.6.2 Errors in price calculation shall be corrected by the Contracting Authority as follows:

a) if there is any discrepancy between amounts in figures and words, the amounts expressed in words shall prevail, except when such amount relates to an arithmetical error,

b) if there is a discrepancy between the unit price and the total value obtained by multiplying the unit price and the quantity, then the unit price shall prevail, and consequently the total amount shall be corrected,

c) if there is an error in a total amount, which corresponds to the addition or subtraction of subtotals, then the subtotal shall prevail and the total shall be corrected. The amounts corrected in this way shall be binding on the bidder. If the bidder does not accept them, then his /her bid will be rejected. Bids with arithmetic errors are rejected when the absolute amounts of all corrections are higher or lower than 2% of the value of the economic bid offered.

5.7 Administrative complaint available to Economic Operators pursuant to Article 63 of LPP.

Section 6. Contract signature

6.1 Notification of the Winner

The Contracting Authority shall notify the winning Bidder, by sending the notification of the winner, pursuant to Appendix 17. A copy of such notification shall be published on the Public Notices Bulletin, as provided for in Article 58 of LPP.

6.2 Contract Insurance

6.2.1 The Contracting Authority shall demand insurance for the contract execution. The amount of such insurance shall be the 10% of the contract’s value. The Contract Insurance Form, according to Appendix 24 of TDs, shall be signed and submitted before contract signature.

6.2.2 Insurance for the contract execution can be submitted in any of the following forms:

i. bank guarantee

ii. bond

This form shall not be used by the contracting authorities for sectorial contracts procurement.

6.3 Notification of the signed contract

According the Public Procurement Rules, upon contract signature, the contracting authority shall send to PPA a notification to be published in the Public Notices Bulletin.

Note: The Contracting Authorities shall not make any modification in the tender documents from section 1 to 6.

III APPENDIXES

The following Appendixes are integral part of TDs:

Appendix 1: Request for expression of interest

Appendix 2 : Invitation to Proposal

Appendix 3: Proposal Declaration Form

Appendix 4: Economic Proposal Form

Appendix 4/1: Declaration for the Submission of Independent Bids

Appendix 5: Proposal Invitation Form (in case of the Framework Agreement)

Appendix 6: Bid Guarantee Form

Appendix 7: Confidential Information Form

Appendix 8: Declaration on Conflict Interest

Appendix 9: Statement on the availability of the consultant staff

Appendix 10: Qualification/Participation Attestation Form

Appendix 11: Declaration on General Criteria Fulfillment

Appendix 11/1: Declaration on Guarantee of Applicability of Legal Provisions on Labor Relations

Appendix 12: Technical Specifications

Appendix 13: Planning of Contracts in the Framework Agreement

Appendix 14: SERVICES AND THE EXECUTION GRAPH

Appendix 15: Terms of Reference:

Appendix 16: Winner Notification Form

Appendix 17: Winning Bid Notice Form

Appendix 18: Notice Form of Successful Economic Operators in the Framework Agreement

Appendix 19: General Terms of Contract

Appendix 20: Special Terms of Contract

Appendix 21: Signed Contract Notice Form

Appendix 22: Signed Contract Notice for Publication in the Public Notice Bulletin

Appendix 23: Bid Price Form

Appendix 24: Contract Insurance Form

Appendix 25: Complaint Form to the Contracting Authority

Appendix 26: Draft Framework Agreement (Not All Terms Defined For)

Appendix 27: Draft Framework Agreement (All Terms Defined)

Appendix 1

[Appendix to be filled in by the Economic Operator]

REQUEST FOR EXPRESSIONS OF INTEREST

____________________________

(Name of the economic operator)

[Date]

To: [Name and address of the contracting authority]

Procurement procedure: [type of procedure]

Brief description of the contract:[]

Publication (if applicable): Public Notice Bulletin [Date] [Number]

I (We), the undersigned, submit our request for expressions of interest for this procedure:

Bidder’s representative

Signature

Seal

Appendix 2:

(Appendix to be filled in by the Contracting Authority)

BID INVITATION

(Only for the selected candidates after the expressions of interest have been taken into consideration)

[Date]

To: [Name and Address of selected Bidder]

_________________________________

Procurement Procedure: ______________________________

In reference to the above-mentioned procedure, we hereby inform you that [name and address of selected Candidate], upon evaluation of your legal, financial and economic, and technical capacities, you qualify for the bidding phase of.

Therefore, we ask you to please submit to [the Contracting Authority herein]

Name ___________________________________________

Address ___________________________________________

your bid, while taking into consideration the following:

The bid submission deadline is:

Date, time and address

Date // (dd/mm/yyyy) At:

Address

When the bid is required to be electronically submitted, economic operators must electronically submit the bid on the PPA official website, .al

The bid opening deadline is:

Date, time and address

Date // (dd/mm/yyyy) At:

Address

The information communicated during the public opening of bids submitted electronically, shall be communicated to all Economic Operators who have submitted bids, upon their request.

The language(s) for bid drafting shall be:

Albanian English

Other ________________________

Winner selection criteria:

The Contracting Authority ranks the proposals according to the combined technical and financial results, using the weight shown in the Tender Documents. The bidder who achieves the highest combined technical and financial result will be invited for negotiations and for signing the contract.

We await your bid.

Appendix 3

[Appendix to be filled in by the Economic Operator]

JOB said FORM

[Date]

To: [Name and address of the contracting authority]

Procurement procedure: [type of procedure]

Brief description of the contract:[]

Publication (if applicable): Public Notice Bulletin [Date] [Number]

I (We), the undersigned, declare that:

1. We have reviewed the Documents of this procedure and we submit this Proposal, without reservations or exceptions to the requirements or Terms and Conditions expressed herein.

2. We offer to perform the Services specified in the Documents of this procedure and in accordance with the required schedule of performing the service.

3. The Total Price of our proposal is expressed in the economic proposal.

4. Our proposal will be valid for the period specified in the DT.

5. If our proposal is accepted, we will secure the contract, as provided in the DT.

6. We do not participate as candidates in more than one proposal in this procurement.

7. We hereby authorize the contracting authority to verify the information / documents attached to this bid.

8. I/we agree to sign the contract according to the terms of the contract if I am/ we are declared the winner.

Bidder’s representative

Signature

Seal

Appendix 4

[Appendix to be filled in by the Economic Operator]

STRUCTURE OF THE ECONOMIC PROPOSAL

Fees by Job Category: (Detailed Subtotal)

Daily Payments: (Detailed Subtotal)

Direct Costs: (Detailed Subtotal)

Personnel expenditures: (Detailed Subtotal)

TOTAL

Bidder Representative

Signature

Seal

Appendix 4/1

[Annex to be filled in by the Economic Operator]

DECLARATION

On submission of Independent Bids

Of the economic operator participating in the public procurement procedure to be held on:_________________; by the Contracting Authority: __________________; with the object: _____________________; with limit fund: __________________.

I, the undersigned _____________________, in the capacity of the representative of the economic operator __________________, pursuant to Article 1 of Law no. 9643, dated 20.11.2006 “On Public Procurement”, as amended, and Law No. 9121/ 2003 “On the Protection of Competition”, make this declaration and I guarantee that the following statements are true and complete in every aspect:

I certify, in the interest of:__________________________that:

(Name of the economic operator)

1. I have read and understood the content of this Declaration;

2. I understand that the submitted bid will be disqualified and/or excluded from participation in public procurement if this declaration is found to be incomplete and/or inaccurate in all respects;

3. I am authorized by the Bidder to sign this declaration and to submit a bid in the interest of the Bidder;

4. Any person, whose signature appears in the bid documentation, authorized by the Bidder to prepare and to sign the bid in the interest of the Bidder;

5. For the purpose of this declaration and the submitted bid, I understand that the word “competitor” means any other economic operator, other than the Bidder, whether or not they are a consortium of economic operators, who:

a) submit a bid in response to the Contract Notification and/or the Bid Invitation made by the Contracting Authority;

b) is a potential bidder who, based on their qualifications, abilities or experience, may submit a Bid in response to Contract Notification and/or Bid Invitation.

6. The bidder declares that: (click one of the following alternatives):

a) The Bidder has prepared their bid independently, without consulting, communicating and without making any agreement with any other competitor; δ

b) The Bidder has consulted, communicated, has made agreements with one or more competitors with regards to this procurement procedure. The bidder states that in the attached documents, the details of this bid include the names of the competitors, the nature and the reasons for the consultation, communication, agreement or engagement (case of economic operators consortium or subcontracting). δ

7. In particular, without prejudice to paragraphs 6 (a) and 6 (b) above, there has been no consultation, communication, contract or agreement with any competitor in respect of:

a) prices;

b) methods, factors or formulas used to calculate the price;

c) the purpose or decision whether or not to submit a bid; or

d) submission of a bid that does not meet the specifications of the bid request.

8. In addition, there has been no consultation, communication, agreement or contract with any competitor regarding the quality, quantity, specifications or specific deliveries of the goods or services, which are related to the concerned procurement, except where stated under paragraph above 6. b).

9. Bid terms have not been and will not be deliberately disclosed by the Bidder to other competitors, by any means, either in advance of the date and time of the official opening of the bids, of the winning bid and of the conclusion of the contract , only if required by law or if specifically stated under paragraph 6.b).

_________________________________________________________________

(Name and Signature of the Authorized Person for Bidder Representation)

_________________ ______________________

(Title by work position) (Date)

Appendix 5

[Appendix to be filled in by contracting authority under the Framework Agreement during the reopening of mini-bidding process]

BID INVITATION

(write the name of the Contracting Authority)

invites the interested persons to submit their bids in the procedure to provide the following services:

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

(please provide an accurate description of the contract object and quantity as defined in Tender Documents (TDs)).

Provision of Services Location

(please provide a short description)

Service duration ______________________

The bid should be submitted at

………………………………………………………………………………………………………

[please provide the accurate address]

Before

……………………………………………………………………………………………………

[Define date and time]

Form of communication:

In writing __ Electronically (email, fax, etc.) _____

Eligibility criteria of winner bid

Appendix 6

[Headed letter of the Bank / Insurance Company]

[Appendix to be submitted by Economic Operator when requested by contracting authority]

BID GUARANTEE FORM

[Date _______]

To: [Name and address of the contracting authority]

On behalf of: [Name and address of insured bidder]

Procurement procedure [type of procedure]

Brief description of the contract: [object]

Publication (if applicable): Public Notices Bulletin [Date] [Number]/ Reference No. in PPA’s website

In reference to the above mentioned procedure,

We certify that [the name of the insured bidder] has deposited a deposit at [the name and the address of the bank] / is guaranteed by [the name and address of the insurance company] in the amount of 22.907.087,46 (twenty-two million nine hundred seven thousand eighty seven / comma forty six) ALL as a condition for securing the bid, submitted by the above mentioned economic operator.

We undertake to transfer the insured amount to the account of [name of contracting authority] within 15 (fifteen) days from your first simple and written request, without seeking explanations, provided that this request mentions failure to fulfill one of the following terms:

- The bidder has withdrawn or changed the bid, after or before the bid submission deadline, in case it was stipulated so in the tender documents;

- The bidder has refused to sign the procurement contract when required by the contracting authority;

- The bidder has not provided the contract insurance, where the bid is awarded as winning or did not meet any other term before contract signature stipulated in the tender documents.

Such Insurance is valid for the period specified in [contract notification or bid invitation].

[Representative of bank/insurance company]

Appendix 7

CONFIDENTIAL INFORMATION LIST

[Annex to be filled in by the Economic Operator]

(Please enlist below the information you want to be confidential)

| | | | |

|Type and nature of information|Number of pages and sections of |The reasons why such information|Time limit such information |

|that needs to be confidential |TDs you want to be confidential |should be confidential |shall be kept confidential |

| | | | |

| | | | |

| | | | |

| | | | |

| | | | |

| | | | |

| | | | |

ATTENTION 

For any information that has not been registered as confidential, it shall be taken for granted that the holder of such rights has willingly given consent for the provision of this relevant information and the Contracting Authority shall bear no responsibility for the publication of such information. 

It does not constitute secret commercial information, which should be made public according to the law, related to the violation of the law, or that ought to be published on the basis of good commercial practices and principles of commercial ethics. The dissemination of this information is considered legitimate if this act is intended to protect the public interest.

Bidder’s representative 

Signature 

Seal

Appendix 8

[Appendix to be filled in by the Economic Operator]

DECLARATION

On Conflict of Interest

Declaration issued by the economic operator participating in the public procurement procedure, to be held on _________________by Contracting Authority________________ with object ____________ and limit fund __________.

Conflict of interest shall be a situation of conflict between public duty and private interest of an official, in which he/she has direct or indirect private interests affecting, or that can affect or that it seems that might affect the unjust performance of public tasks and responsibilities.

Pursuant to Article 21, paragraph 1, of Law no. 9367, date 07.04.2005, the categories of officials under Chapter III, Section II, who are absolutely forbidden to directly or indirectly benefit from contracts signature between a party and the public institution are:

- President of Republic, Prime Minister, Deputy Prime Minister, Ministers, or Deputy Ministers, Members of Parliament, Judges of Constitutional Court, Judges of High Court, the Head of High State Audit, General Prosecutor, Judges and Prosecutors at the level of the Court of First Instance and Court of Appeals, the Ombudsman, Members of the Central Election Commission, Members of High Council of Justice, General Inspector of the High Inspectorate of Declaration and Audit of Assets and Conflict of Interest, Members of Regulatory Entities (Bank of Albania Supervision Council, including Governor and Deputy Governor; competition; telecommunication; electricity; water supply; insurance; bonds; media authorities), Secretaries General of Central Institutions, as well as every public official in any public institution whose position is equivalent to that of the general director, heads of public administration bodies that are not part of civil service.

The middle-ranked civil servants, under article 31, and officials covered by Article 32 of Chapter III, section 2 of this Law, the prohibition of paragraph 1 of this article, on grounds of private interests of official, as stipulated herein, shall be applied only if case of contracts within the institution’s scope and territory and the institution’s jurisdiction, where the official works. This prohibition shall also apply when party to the contract is a subordinate institution thereof.

When the official is a mayor or deputy mayor of a municipality or commune, or the chairman of a regional council, member of the respective council, or a high management official of a local government unit, the prohibition due to private interests of the official, specified herein, shall apply only in the case of entering into contracts, if any, with the municipality, commune or regional council where the official exercises such duty. This prohibition shall also apply when party to the contract is a public subordinate institution of this unit. (Article 21, paragraph 2, Law No. 9367, dated 07.04.2005).

The prohibitions provided for under Article 21, paragraphs 1, 2 of Law No. 9367, dated 07.04.2005, with the respective exemptions, shall also apply to the same extent to the persons related with the official, i.e. spouse, cohabitant, adult children and parents of the official and of the spouse.

I, the undersigned _______________, in the capacity of representative of legal person _______________declare that under my personal responsibility:

I am aware of the requirements and prohibitions provided under Law No. 9367, date 07.04.2005 “On the Prevention of Conflicts of Interest in the Exercise of Public Functions” as amended, and bylaws adopted pursuant thereto by the High Inspectorate of Declaration and Audit of Assets, and also the Law No. 9643, date 20.11.2006 “On Public Procurement”, as amended. 9643, date 20.11.2006 “On Public Procurement”, as amended.

In compliance thereof, I declare herein that no public official, as defined in Chapter III, Section II of the Law no. 9367, dated 07.04.2005, and in this declaration, has any private interests, directly or indirectly, with the legal person I represent herein.

Date of declaration submission ________________

Name, Surname, Signature

____________________________

Seal

Appendix 9

[Appendix to be filled in by the Economic Operator]

DECLARATION

On the availability of the consultant staff member[2]

Declaration issued by the economic operator participating in the public procurement procedure, to be held on _________________by Contracting Authority________________ with object ____________ and limit fund __________.

Pursuant to the provisions of Articles 28 and 37 of the DCM No. 914, dated 29.12.2014 “On the approval of public procurement rules”, as amended, I the undersigned _____________________, in the capacity of the Consultant staff member “................. ............................... “for the procurement procedure with object______________ under my personal responsibility, I Declare that:

1. I authorize ONLY the Consultant “…………………………………… ..” to represent myself and all the necessary documentation, as a member of his/her staff in the public procurement procedure that will take place on date _________________ by the Contracting Authority__________________ with object ____________ with a limit fund __________.

The declaration of myself by any other consultant, as a staff member for the procurement procedure with object …………………………………………………………., is unapproved and without the consent of myself.

2. I am available in the realization of the procurement object, according to the conditions and deadlines determined by the Contracting Authority.

3. I am not in a situation of conflict of interest with any of the staff members of the Contracting Authority, directly or indirectly, or involved in any part of the preparation of the conditions of the contract and / or in the selection process for this contract and / or the supervision of this contract.

Date of declaration submission ________________

Name, Surname, Signature

Seal

Appendix 10

[ Appendix to be filled in by the Contracting Authority]

1. GENERAL ACCEPTANCE/QUALIFICATION CRITERIA

The bidder shall declare that:

a) They are registered at the National Business Center and has the object of the procurement in their field of activity. In case when the bidder is a non-profit organization, they must state that they are registered as a legal person, pursuant to Law No. 8788, dated 07.05.2001 “On Non-Profit Organizations”.

b) is not in the process of bankruptcy, (active status)

c) has not been convicted on criminal offenses, in accordance with Article 45/1 of LPP,

d) has not been sentenced by a final court decision for acts related to professional activity.

e) has paid all the fees for the payment of taxes and social security contributions, according to the legislation in force.

The foreign Bidder shall also declare fulfillment of all requirements listed above by submitting a written self-declaration.

Should the language used for the procedure be Albanian, documents in a foreign language shall be accompanied by a notarized translation into Albanian.

The General Admission Criteria should not be changed by contracting authorities.

These criteria must be submitted by filling the written declaration of the subject on the day of the bid opening, according to Appendix 11.

In case of a Joint Venture of economic operators, every member of the JV shall fill in this declaration.

In any case, the contracting authority shall have the right to carry out the necessary verifications on the authenticity of the information declared by the economic operator as above.

Additionally, if the bid is submitted by an economic operators consortium, the following shall be presented:

a. Notarized agreement according to which the economic operators consortium is officially established;

b. Special Power of Attorney.

Based on Law No. 162, dated 23.12.2020, “On Public Procurement”, Article 14, point 2, if the bid is submitted by a group of economic operators, the notarized agreement and the special power of attorney shall be submitted after this group of operators has been declared the winner.

2. PARTICULAR QUALIFICATION CRITERIA

1. The Candidate/Bidder must submit:

a. Bid in compliance with Appendix 6 in the amount of 22.907.087,46 (twenty-two million nine hundred seven thousand eighty seven / comma forty six) ALL

a. Declaration on Conflict of Interest, in compliance with Appendix 8;

b. Declaration on availability of the consultant staff member, according to Appendix 9;

c. A certificate confirming the settlement of all matured electricity obligations of power contracts for the economic operator registered in Albania.

d. Declaration on guarantee of applicability of legal provisions on labor relations in compliance with Appendix 11/1:

2. The Candidate/Bidder must submit:

1. Economic operator legal/professional capacities:

According to the requirements set out in the General Criteria of Admission / Qualification

Economic and financial capacity

2.1 A document certifying that the subject has met all the obligations of local taxes and fees, for 2020 referred to Law no. 9632, dated 30.10.2006 “On the local tax system”, as well as according to the Decision of the relevant Municipal Council where the subject operates, issued by the Local Government Administration (In cases of joint venture of economic operators, each member of the group must submit this document). In cases of foreign OEs, this point will be proven by a document issued by the official institutions in the countries where OEs are registered.

2.2 Financial Statement (Balance Sheet) for the years 2018, 2019 and 2020 certified by the national or international bodies recognized by Law in the case of foreign OE.

2.3 Copies of declarations of average annual turnover for the years 2018, 2019, 2020, which shall not be less than 40% of the limit fund.

Technical capacity:

3.1. Previous experience, for similar services, shall not be less than 10% of the limit fund, performed during the last 3 (three) years from the procurement procedure date; Evidence of previous, similar services shall be verified with the following documentation:

- In case of previous experience performed with a public entity, it shall submit the Signed Contract / Contracts associated by a certificate for their performance and / or sale tax invoices bearing the dates, the amounts and the services performed;

- In the case of prior experience with the private sector, the only evidences accepted shall be the relevant sale tax invoices bearing the dates, amounts and performed services. “

3.2. License - (Licenses and professional certifications of design companies and staff)

Participating Design Subjects are required to possess Design License, referred to the Decision of the Council of Ministers No. 943, dated 28.12.2016, On some changes and additions to the decision No. 759, dated 12.11.2014, of the Council of Ministers, “On the professional licensing of individuals and legal persons that will exercise activities in the field of study and design in construction and supervision and testing of construction implementation works”.

For the foreign bidders, based above mentioned on legal provisions, the license should be recognized according to the licensing based on the Albanian legislation.

• Category 2. Designer Architect: a, b-1

a. Architectural design for residential buildings - industrial buildings - tourist buildings;

b-1: Covered or partially covered sports buildings; 2. shopping centers; social and cultural facilities; cult objects; educational facilities; 3. hospital facilities; terminals in infrastructure; works of art in infrastructure;

• Category 3: Construction Designer: a,b-1,c-1

a. Civil/industrial/tourist buildings of masonry and skeleton made of reinforced concrete up to 5 floors;

b-1 Civil/industrial/tourist buildings over 5 floors - 2. metal skeleton buildings;

c-1 Facilities with high degree of difficulty - reinforced concrete -metal -2. land and slopes with low sustainability;

• Category 4: Installation Designer: a, b, c, d, f, g, h, i, j.

a. Design of hydro thermal and sanitation installation;

b. Design of thermo-technical and conditioning installations, and thermal energy generation facilities from renewable sources.

c. Point Design of power network lines for civil and industrial facilities;

f. Design of fire fighting systems

g. Design of monitoring and automation systems in industry and buildings

h. Design of lifting and transporting plants (elevators, escalators, etc.)

i. Design of road, plaza, decorative lighting and lighting for large sporting facilities, ports, airports, etc.

j. Design of telephony, entry phone system, audio, internet, TV, access control, CCTV, alarm system, fire detection system networks, etc. for civil and industrial facilities

• Category 5 – hydraulic engineering: b, c, d, h

b. Water supply - flushing collectors;

c. Urban-rural water supply and sewerage;

d. Irrigation works - drainage - watering plants - small dams (not meeting conditions for large dams) - dikes, drains, cascades, spillway crest gate, water flow speeder, plugs, barrage, culverts;

h. Hydro-technical works - balance tower - ports - pontoons;

• Category 6 – Road and railway designer: a, e

a.Local roads, secondary urban roads and secondary interurban roads;

e. Railway - railway junctions;

• Category 8 – Geotechnical designer: a, b, c, d, e.

a. Engineering surveys;

b. Cadastre engineering surveys;

c. GIS system

d. Geodesic baseline.

e. Photogrammetric and cartographic design.

• Category 9 – Geological and Hydrogeological research: a, b, c, d.

a. Geological-engineering study / assessment of the constructible land for civil-economic buildings up to 5 floors;

b. Geological-engineering study / assessment of the constructible land for large H / C facilities, airport ports, foundations carrying heavy loads;

c. Geological-engineering study / assessment of soft constructible lands and slopes with low sustainability

d. Hydro-geological studies and designs

• Category 10 – Power plant and energy distribution grid designer: d, e

d. Electrical substations, primary secondary - high voltage lines

e. Point Electric distribution network cabins - low-medium voltage lines

• Category 11: Road Signage Designer a,b,c

a. Non-illuminated signs on local roads, secondary urban roads, secondary interurban roads, squares and parking lots;

b. Non-illuminated signs in highways, main urban roads and main interurban roads, and in crossings with rails;

c. Lighting signs in infrastructure

• Category 12 – Seismological research Studies: a, b, c, d, e, f.

a. Engineering seismology studies / assessments for geo-systemic classification of constructible lands;

b. Geological-seismic studies / assessments of the constructible lands where civil, social and cultural facilities are built;

Point Engineering seismology studies / assessments of the constructible lands where road and railway infrastructure facilities of all types are built such as bridges, tunnels, viaducts, etc.;

d. Engineering seismology studies / assessments of lands where complex facilities are built, such as: hydro-power plants (for each installed power), power plants, ports, airports, tunnels for hydro-technical works, foundations for heavy loads and industrial facilities.

e. Engineering seismology studies / assessments for constructible lands and slopes with low stability and for loamy construction lands with liquefaction possibilities.

f. Seismic risk studies at regional level (seismic microzonations) and at national level (national seismic risk maps)

3.3 Environmental Expert, certified by the Ministry of Environment on conducting environmental impact assessment and audit.

3.4 Private Firefighting Expert, certified to practice the profession of “Private Firefighting Expert” by FPRS (FPR).

Individuals or legal persons who possess licenses that are not in accordance with the points of Annex 2 “Categories in the fields of study and design in construction”, of DCM No. 943, dated 28. 12. 2016, shall make their renewal and equivalence. In case of non-submission of licenses, bidders will not be considered for qualification. Licenses must be submitted and shall be completed by the license of the subject and all the above points which are given to individuals shall be completed by the sum of points of the individual licenses of the engineering staff.

Points of licenses or certifications that are not addressed by DCM No. 943, dated 28. 12. 2016 shall be in accordance with DCM No. 538, dated 26.5.2009 “On Licenses and Permits Treated by or through the National Licensing Center (NLC) and some other Common Bylaws”, Law No. 10081, dated 23.2.2009, “On licenses, authorizations and permits in the Republic of Albania”, as amended, DCM No. 407 dated 19.06.2019 “On the Approval of the Procedure, Categories, Conditions, Requirements of Qualification and Professional Experience for the Person, to whom Energy Auditor's Certificate is issued” and bylaws in force.

3.5 Staff

Number of the required primary and secondary personnel to be identified in accordance with Albanian legislation.

a. A Project Director, who holds a Master of Science or an equivalent degree, with a minimum of 15 years of experience, shall submit: His/her Degree, employment contract, his/ her CV reflecting the experience of the proposed engineer.

b. A Project Manager, who holds a Master of Science or an equivalent degree, with a minimum of 10 years of experience, shall submit: His/her Degree, employment contract, his/ her CV reflecting the experience of the proposed engineer.

c. A Hydro-technical Engineer who holds a Master of Science or an equivalent degree, with a minimum of 7 years experience;

d. A Marine Structures Engineer who holds a Master of Science or an equivalent degree, with a minimum of 7 years experience;

e. A Structural Civil Engineer who holds a Master of Science or an equivalent degree, with a minimum of 7 years experience;

f. A Civil Engineer who holds a Master of Science or an equivalent degree, with a minimum of 7 years experience; His/her Degree, employment contract, his/ her CV reflecting the experience of the proposed engineer;

g. A Geological Engineer who holds a Master of Science or an equivalent degree, with a minimum of 7 years experience; His/her Degree, employment contract, his/ her CV reflecting the experience of the proposed engineer;

i. An Environmental Engineer holding a Master of Science or an equivalent degree, with a minimum of 7 years experience.

For each key staff member shall be submitted: His/her degree, the employment contract, CV reflecting the experience of the proposed engineer. For key staff engineers, it shall be submitted an individual design license (required in Chapter 1 of this document as well).

3.6 ISO certifications

a) The economic operator shall present ISO 14001: 2015 Certificate “For the environmental management system” (valid) or an equivalent one in accordance with the object of the contract. In the case of Joint Venture of Economic Operators, minimum only one member of the group shall present the above-mentioned certificate.

b) The economic operator shall present ISO Certificate SSH EN 9001: 2015 on “Management system” (valid) or an equivalent one in accordance with the object of the contract. In the case of Joint Venture of Economic Operators, as a minimum one member of the group shall present the above-mentioned certificate.

▪ Foreign Economic Operators shall submit their entire documentation in Albanian or English, and documents issued by public authorities shall be certified with an “Apostille” stamp. For Operators from countries that have not ratified the Hague Convention of 05.10.1961 on “Abolishing the Requirement of Legalization for Foreign Public Documents”, the documents shall be made legal in the respective embassies, consulates or offices from the country of origin. For self-declarations submitted by foreign bidders, the signature shall be certified by a notary and it shall be certified with the apostille stamp. Failure to submit the documentation in this form constitutes a non-qualifying condition.

All documents shall be originals or notarized copies of them. Cases of non-submission of a document, or of false and inaccurate documents, are considered as non- qualifying conditions.

Appendix 11

[Appendix to be filled in by the Economic Operator]

DECLARATION ON GENERAL CRITERIA FULFILLMENT

Declaration of the economic operator participating in the procurement procedure to be held on _______________ by the Contractor Authority ___________ with object ___________________ with a limit fund __________.

I, the undersigned __________________ in the capacity ___________ of economic operator ___________________ declare under my full responsibility that:

• The Economic operator ______________________ is registered at the National Business Center and the procurement object belongs to his/her field of activity . In case when the bidder is a non-profit organization, they shall state that they are registered as a legal person, pursuant to Law No. 8788, dated 07.05.2001 “On Non-Profit Organizations”.

• The economic operator ____________________ has not been sentenced for any of the criminal offenses provided for in Article 45/1 of the LPP.

• The person(s) in the capacity of a member of the administrative body, director or supervisor, shareholder or partner, or in the capacity of a person who has representative, decision-making or controlling powers within the economic operator, as follows:

_____________________

_____________________

_____________________ etc.

they are not or have not been convicted by a final court decision for any of the offenses, set forth in article 45/1 of the LPP[3].

• The economic operator ____________________ has not been convicted by a final court decision, for acts related to professional activity.

• The economic operator ____________________ is not in the process of bankruptcy (active

status).

• The economic operator ____________________ has paid all the fees for the taxes payment and social security contributions, according to the legislation in power.

In any case, the contracting authority has the right to perform the necessary verifications on the veracity of the information declared by the economic operator above.

Date of the declaration submission _____________

Bidder signature ______________

Seal

Appendix 11/1

[Appendix to be filled in by the Economic Operator]

DECLARATION ON GUARANTEE OF APPLICABILITY OF LEGAL PROVISIONS ON LABOR RELATIONS

Declaration of the Economic Operator participating in the procurement procedure to be held on _______________ by the Contracting Authority ___________ with object _______________ with limit fund __________.

I, the undersigned ______________________________ in the capacity ___________ of the economic operator __________________, declare under my full responsibility that:

• Economic operator ________________________ guarantees the protection of the right to employment and occupation from any form of discrimination as provided by applicable labor legislation.

• Economic operator ___________________ enters into relevant work contract with employees and guarantees measures in terms of safety and health at work for All and, in particular, for groups at risk, based on applicable labor legislation.

• Economic operator ________________ does not have an effective Legal force, established by the State Labor Inspectorate and Social Services (SLISS). In cases when legal violations have been ascertained, the economic operator has taken the necessary measures to address them, within the deadlines set by SLISS.

Date of the declaration submission _____________

Bidder’s representative

Signature

Seal

Appendix 12

[Appendix to be filled in by the Contracting Authority]

TECHNICAL SPECIFICATIONS

Designs, technical parameters etc:

Materials Specification:

Description of service implementation requirements related to them:

Appendix 13

[Appendix to be filled in by the Contracting Authority in the framework agreement]

PLANNING

OF CONTRACTS IN THE FRAMEWORK AGREEMENT

| |

|Service: |

|Total number of contracts under Framework Agreement       |

|Contract No. |Contract title |Brief contract description |

|01 |           |                |

|02 |           |                |

|03 |           |                |

|… |           |                |

Appendix 14

(Appendix to be filled in by the Contracting Authority)

(This Appendix in the case of the Framework Agreement will be filled in by the Contracting Authority only during the reopening of the mini-tender process)

SERVICES AND THE EXECUTION GRAPH

Required service: “Drafting the Detailed Technical Design of the new Integrated Commercial Port of Durres in Porto Romano”.

Execution date: 8 (eight) months from the date of signing according to the timetable below:

|Name of the Indicator |Table of Contents |Submission time |

|Initial project report | |Week Six |

|Topographic study report | |Week Eight |

|Batimetric study report | |Week Eight |

|Geological / geotechnical study report | |Week Ten |

|Environmental Impact Assessment Report | |Week Twelve |

|Project Criteria Report - Draft | |Week 16-20 |

|Implementation Project, Final Report - | |Week 24 |

|Draft | | |

|Project Criteria Report - Final | |Week 24 |

|Implementation Project, Final Report | |Week 32 |

|(***) | | |

|The project for the approval of |All necessary documentation and technical material for the | |

|development permits |application and approval of the construction permit. (****) | |

Appendix 15

(Appendix to be filled in by the Contracting Authority)

TERMS OF REFERENCE

Object and purpose of services:

Duties:

Distribution:

Location and delivery of services:

1 INTRODUCTION

These technical specifications cover the Functional Specifications and Design Parameters for the design and construction of the new port at Porto Romano and the handling systems and equipment that are to be installed.

DPA aims to design a new intermodal port and logistics space in the strategic interland area behind the port space according to the interests of Regional actors and the demands of the goods processing market.

The drawings show the long term layout of the port and the extent of the Phase 1 development. The master layout shall be used by the designer as the basis for the detailed design proposals.

The scope of the technical specifications includes the layout, design, construction, supply and maintenance of all civil engineering, buildings, services and equipment required for the port.

2 TECHNICAL REQUIREMENTS GENERALLY

2.1 Phase 1 Scope

The project shall include, but not limited to, the following objectives:

a) A fully equipped multipurpose terminal to handle all container, breakbulk cargo, project cargo, grain and vegetable oil traffic that is currently handled at Durres Port;

b) A fully equipped dry bulk terminal to handle all dirty cargoes, including coal, minerals, fertiliser, scrap metal and cement, that are currently handled in bulk at Durres Port;

c) Facilities for the use of the organisations responsible for the regulation and overall management of the port, including the port authority, harbour master, customs, health authorities and fire, ambulance and security services;

d) An entirely new harbour, comprising breakwaters, dredged channels and basins, and reclaimed land, to provide safe access for vessels in transit and at berth, and for terminal operations.

2.2 Overall Requirements - Primary Design Tasks

Responsibilities are as follows:

Design Consultant (also referred to herein as the designer) shall:

• Arrange / carry out all field investigations, analysis and modelling that may be required for the detailed planning, design and construction of the port facilities.

• Design and detail the harbour and terminal layouts, determining the required extent of all works, ground enhancement measures (if any), all new structures and their foundations, road and railway access provisions, utility services and their external connections, security provisions including fencing, interfaces with adjacent areas, and all other items required for a fully operational port and marine terminals.

• Arrange / carry out numerical and physical modelling required for the design and EIA.

• Provide detailed design of the works, which shall be in accordance with the requirements of these technical specifications and the requirements of the standards and codes of practice referred to therein. as well as based on the national legislation on Territorial Planning and Development No. 107/2014 and DCM 408 “On the approval of the Territory Development Regulation”.

• Planning, development and technical, legal and financial proposal on the development of the area and the yards behind the Port (Area of Interest sip-300 ha) as well as their connection with road and railway axes between the existing infrastructure and those presented in the port design.

• Design and detailing of road, rail, electrical, hydro, fire protection, drainage and IT security network infrastructure as well as IT services infrastructure.

• The project for energy audit based on the Instruction of the Minister of the Ministry of Infrastructure and Energy No.5 dated 21.01.2021 “On the format of the Energy audit and the payment of the auditor.”

• Perimeter fencing to be observed according to the international ISPS norms.

• Based on the proposed infrastructure and the existing infrastructure, a study and planning shall be done for a transit logistics terminal in the vicinity of the terminal or in the City of Tirana.

• Study, planning and design of the infrastructure planned for the berths of the naval vessels and yards in service of the Armed Forces according to the forecast of the MASTERPLAN.

• Design proposal of all new port space and all marine and land infrastructure components detailed with technical details.

• Study for docking, processing and operation of POST-PANAMAX type vessels with maximum depth level -15.00 m.

Works Contractors shall be responsible for:

• The construction of the Phase 1 works, which will be supervised by an Engineer appointed by the Port Authority.

• The construction of any expansion works after Phase 1, which will be supervised by an Engineer appointed by the Port Authority.

The site will be handed over to the Phase 1 works contractor clear of existing buildings and other property assets.

The new port and terminals shall be designed to operate on an all-weather, 365 days/year, 24 hours/day basis.

The designer shall demonstrate that, for all cargo categories, its designs for Phase 1 will enable the safe and efficient handing of traffic volumes not lower than the projected high case undertaken by the designer and agreed by DPA.

All designs shall be prepared taking into account subsequent possible or planned expansion or upgrades, as identified in the Reference Design, such that the subsequent works can be built with minimal disruption to the previous works and to port operations. In subsequent expansions the port shall be designed to accommodate a suitable level of expansion, as to be agreed with DPA, referred to as ‘Ultimate Development’.

3 DESIGN

3.1 Introduction

The Reference Design includes layout plans that illustrate the conceptual requirements of the proposed port.

• The Reference Design shown in the Master Plan and technical specifications provides guidance to the designer on the minimum requirements for the project. Proposals submitted by the designer shall be equal to or better than the Reference Design.

• The designer may propose larger facilities than indicated in the Reference Design, subject to compliance with relevant national and international norms and with safety distances from existing installations.

• The designer is requested to propose measures that will maximize efficiency and avoid or minimize environmental impacts throughout the concession period that result from construction and port operations, including in, but not limited to, the following aspects:

o Infrastructure design and methods of construction;

o Through-terminal handling systems;

o Utilization of handling equipment and storage facilities;

o Methods of handling, transporting and storing cargo;

o Types and quantity of the equipment, tools, processing mechanisms (types of cranes, forks, wreckers, reachstackers, silos, towing heads, trucks, etc.) and vehicles to be selected;

o Methods to reduce emissions from vessels;

o Forms of energy used throughout the port;

o Programmes of maintenance, renewal and upgrading for equipment, vehicles and infrastructure;

o Scheduling and transport of cargo and materials to and from the port;

o Transport of personnel to, from and within the port.

• The port and terminals shall be designed and operated in compliance with ISPS requirements.

• The port will be operated on the basis that tug, pilotage and bunkering services will be provided by separate private contractors.

• The cargo terminals and the port as a whole shall be designed and operated in compliance with international and national environmental regulations. The Port Authority and the terminal concessionaires will be required to prepare environmental management plans for their facilities and operations for future development, which after approval shall be applied to all MPT activities.

3.2 Designs Generally

All designs shall be prepared taking into account subsequent possible or planned expansion or upgrades, as identified in the Reference Design, such that the subsequent works can be built with minimal disruption to the previous works and to port operations.

3.3 Codes and Standards

The designs shall be carried out in accordance with an agreed set of relevant and mutually compatible system of Albanian and international Codes and Standards and, where no specific reference is contained therein, in accordance with best international practice. Acceptable standard reference documents including the following:

|Publisher |Date |Title |

|PIANC | |Numerous publications with guidelines and recommendations for maritime infrastructure planning |

| | |and design |

|PIANC |2002 |Seismic Guidelines for Port Structures |

|CIRIA |2007 |The Rock Manual - the use of rock in hydraulic engineering (C683, 2nd edition) |

|US Army Corps of |2002 |Coastal Engineering Manual |

|Engineers | | |

|Wiley |2015 |Recommendations of the Committee for Waterfront Structures EAU 2012 – English edition |

|Thomas Telford |2016 |ICE Specification for Piling and Embedded Retaining Walls (3rd edition) |

|Interpave |2007 |Heavy Duty Pavements – the structural design of heavy duty pavements for ports and other |

| | |industries (4th edition) |

3.4 Properties of Soil and Fill Materials

The soil properties used for design shall be based on those obtained from field investigations at the Site. The properties of filling materials imported to the Site shall be determined on the basis of laboratory testing.

3.5 Environmental Conditions and Loadings

Environmental conditions and loadings applicable to operations and design shall be based on data to be obtained from the field investigations and during detailed design. Any data environmental included in this document should be verified by the designer before it is used.

3.6 Units and Datum

Designs, calculations and drawings shall be in SI units.

All levels in this document refer to Chart Datum (CD), which approximates to the level of Lowest Astronomical Tide (LAT). CD shall be used in all designs and drawings. The designer shall be responsible for correct interpretation and conversion of levels that are referred to other datums such as that used for land surveys.

3.7 Site Data

Metocean Data

Data on weather and sea conditions is contained in the Appendix attached to this material, it mainly refers to measurements recorded at Durres. It includes weather data such as winds, rainfall, air temperatures and humidity, and marine data such as water levels, tides, currents and waves.

Tidal levels at Durres are as follows, referred to Chart Datum (CD) [to be confirmed by DPA]:

MHWS +0.3m

MHWN +0.2m

MLWN +0.1m

MLWS +0.0m

According to the Durres Port Master Plan (Royal Haskoning, 2008), extreme water levels recorded in Durres Bay were +0.92m and -0.48m, and 100-year return level values were estimated at +1.07m and -0.48m.

For preliminary design purposes only, further information is contained in the Durres Port Master Plan and the MSc thesis Master Plan Porto Romano Bay (MK Kersten, TU Delft, 2010).

Sea level rise along the Albanian coast has been predicted as 0.24m by 2050 and 0.61m by 2100 (source: ).

Ground Conditions

Geotechnical data is contained in the Appendix attached to this material.

According to the Durres Port Master Plan, for the Durres ferry terminal design the maximum horizontal acceleration of the ground due to an earthquake was taken as 0.26g. This figure was based on a Category 3 soil and a VIII degree event.

For preliminary design purposes only, further information is contained in the MSc thesis Master Plan Porto Romano Bay.

3.8 Design of Structures Generally

The designs shall take account of the most severe combinations of the various loads acting on the structures during their life. Due consideration shall be given to seismic loading in the design, in accordance with national and international recommendations.

Reinforced concrete structures and members using limit state methods. Structural steelwork, gravity structures and retaining walls shall be analyzed by either limit state or permissible working stress methods.

Analysis of the principal structures and their overall stability shall be completed using approved computer programs.

3.9 Design Life

The following table defines the minimum design life of main components of the works, measured from completion, and the minimum intervals between major maintenance. The works shall be designed, constructed and maintained to remain fully serviceable for at least the respective specified design life, taking into account extreme loadings, environmental conditions and events, and fatigue effects.

|Item |Design Life (years) |Major Maintenance Intervals |

| | |(years) |

|Breakwaters |100 |50 |

|Land reclamation including backfill behind quay walls and ground strengthening; sea walls, |50 |50 |

|revetments and armour layers; anti-scour protection | | |

|Quay walls, retaining walls and crane rail foundations |50 |50 |

|Reinforced concrete and steel structures including piles and connections between members; |50 |50 |

|movement joints and bearings in structures | | |

|Bollards; steelwork and chains for fenders; ladders; crane rails, tie-downs and anchorages; |50 |15 |

|buffer stops | | |

|Rubber fenders and fender panel facings; crane rail support systems |20 |10 |

|Cathodic protection and paint systems |50 |15 |

|Pavements, roads and parking areas |20 |20 |

|Railway track |50 |15 |

|Fences and gates |20 |10 |

|Surface water drainage systems; underground pipe work and ducts, chambers and covers; |50 |15 |

|hydrants and valves; lighting masts | | |

|Buildings – masonry walls |50 |15 |

|Buildings – cladding; fixtures and fittings |20 |10 |

|Mechanical and electrical installations not listed above |20 |As manufacturer’s instructions |

| | |and in accordance with |

| | |maintenance schedule |

|Miscellaneous non-structural metalwork and other items not listed above |20 |10 |

3.10 Loading Criteria

The loads imposed by cranes and other handling equipment on structures and pavements shall be in accordance with manufacturers’ data. For rail-mounted cranes, horizontal loads perpendicular or parallel to the rail shall be assumed to be 10% of vertical loads.

Superimposed loads on the MPT quay apron and crane back reach area shall be as given below.

|Description |Load |

|Mobile harbour cranes |Loads imposed through the outriggers during handling operations |

| |Loads imposed through the tyres while in transit or standing |

|Containers |Distributed and corner loads from containers stacked at 3 m high |

|Vehicles |Terminal tractor-trailers carrying 2 x 20 m containers with a combined weight of 50 t |

| |Reach stackers carrying full containers |

|Vessel hatch covers |40 t covers stacked 5 m high, standing on corner pedestals, under the crane back-reach |

For the DBT quay apron, and in all MPT and DBT storage areas, design loadings shall be based on the maximum operational stacking heights and equipment proposed by the designer and agreed by the Port Authority.

3.11 Durability

Steelwork

All steelwork surfaces shall be protected against corrosion using a proven coating system. All steel piles and structural steelwork below Mean Sea Level shall have cathodic protection in addition to proprietary coating systems. Tie rods and their connections shall be protected using a proprietary petrolatum-based tape and mastic system. Steel members and piles shall be designed without taking into account the benefits afforded by the protective coating or cathodic protection.

The design shall allow for loss of thickness due to corrosion. The corrosion rates in each zone shall be based on local experience and not less than those recommended in BS 6349 or EAU 2012.

Reinforced Concrete

Concrete shall be designed for durability as recommended in BS 6349, including cover to reinforcement and crack control.

Wherever possible, concrete shall be pre-cast and the use of over-water formwork shall be minimized.

3.12 Materials and Workmanship

The materials and workmanship used shall be in accordance with the agreed standards, codes of practice, design guidelines and, where no specific reference is contained therein, in accordance with best international practice.

4 FUNCTIONAL & OPERATIONAL REQUIREMENTS

4.1 Scope of Works

The overall scope of works in Phase 1 shall comprise:

• Marine works including:

o Breakwaters to form a sheltered harbour;

o Dredging to form an approach channel, turning area and basin;

o Reclamation to provide new port land and filling to raise existing ground levels;

o Seawalls to retain and protect the port land;

o Quay walls for berthing cargo vessels.

• Infrastructure works for:

o A multipurpose terminal;

o A dry bulk terminal;

o Common port facilities;

o Connections to external roads, future railway and utility services.

Handling equipment, vehicles and other equipment will be procured separately.

The works are located within the land and marine boundaries of the proposed new port. Works on land outside the port boundary, including access roads, (future) railways and utility services, will be undertaken under separate arrangements, but the designer shall be responsible for ensuring that its designs and construction are coordinated to interface smoothly with those works.

Depending on future traffic volumes, the Phase 1 works may be expanded by agreement.

4.2 Traffic

It is planned that Durres Port will be closed to all cargo traffic except for freight carried on ferries: thereafter the port will handle only ferries, cruise vessels and pleasure craft. The new port at Porto Romano will be required to handle all cargo for Durres and its hinterland, as well as transit traffic to / from other countries (excluding ro/ro cargo). Petrochemicals are and will continue to be handled at the existing Porto Romano marine terminals, which will function independently of the new port.

Traffic projections prepared by the Port Authority are provided during design with winning OR and should be reviewed and updated by the designer. Updated traffic projections for [2053], once agreed with DPA, will be used for the design capacity of Phase 1. For long term development the port shall be designed to accommodate a suitable level of expansion, as to be agreed with DPA, referred to as ‘Ultimate Development’.

4.3 Marine Works

4.3.1 Harbour Layout

The harbour layout shall be designed to facilitate safe marine operations and avoid siltation in the dredged areas, and to meet the following requirements:

• Breakwater layout to minimize wave penetration into the harbour and wave reflection towards the channel and towards the existing marine terminal, for all wave directions, and to limit wave disturbance at the berths so as to avoid reducing the efficiency of cargo handling operations.

• Layout to avoid increasing tidal currents near the harbour entrance.

• Sufficient space to enable arriving vessels to come to a stop without endangering vessels berthed in the vicinity.

• Straightforward maneuvering between turning area and berths.

• Forms of construction of edge structures that minimize wave reflection.

• Basin layout that avoids wave resonance.

• Avoids conflict with existing harbour installations and marine operations.

• Avoids or mitigates negative impacts on the coastline.

It is expected that the port will operate with the use of tugs.

The effectiveness and impacts of the harbour layout shall be verified and refined by numerical modelling using industry-recognized software. Physical hydraulic model testing in a reputable laboratory shall be used to test the final layout.

2. Design Vessels

The port shall be designed to accommodate the following vessels:

| |Container |Dry Bulk |

| |Initial Development |Phase 1 |Initial Development |Phase 1 |

|Capacity |3,500 TEU |8,000 TEU |30,000 dwt |60,000 dwt |

|LOA |255m |340m |190m |*230m |

|Beam |32.2m |43m |28m |*35m |

|Fully laden draft |12.2m |14.5m |11.3m |*14m |

|Max draft at port |11m |13m |11m |13m |

• envelope of max dimensions (may not all co-exist)

While detailed designs need to be provided for Phase 1, in the initial development stages the smaller vessel sizes may allow the dredging to be staged as required within Phase 1 to reduce upfront capital costs. The staging of dredging should be agreed with DPA during the preliminary design stage.

The Phase 1 berths shall also be designed to accommodate small vessels as follows:

• Multipurpose Terminal: 80m LOA / 2.000 DWT.

• Dry Bulk Terminal: 115m LOA / 6.500 DWT.

4.3.3 Navigation Areas

The entrance channel alignment shall be selected to optimize vessel handling and minimize dredging volume. It shall be dredged seawards to at least as far as the existing seabed depth that matches the specified dredged level, and any higher areas of bed material further offshore on the channel alignment shall also be removed.

Navigation channel, turning area and basin / berth areas shall meet the requirements of PIANC Report #121, 2014, or other acceptable standard. One-way channel operation is acceptable.

The following dimensions shall be provided as a minimum, but shall be verified by detailed study and modelling:

• Depths:

o Channel and turning area: 1.15 x vessel draft;

o Basin: 1.1 x vessel draft.

• Widths:

o Channel: 180m initially and 240m at Ultimate Development;

o Turning area: 450m diameter initially and 600m ultimately(plus clearance to adjacent berths);

o Basin: 230m with berths along one side and 270m with berths along both sides(measured from fender lines).

The layout and dimensions of the channel, turning area and basin in each phase shall be evaluated and optimized using fast-time navigation / maneuvering simulation based on industry-recognized software. If the results are inconclusive, real-time simulation may also be required.

4.4 Multipurpose Terminal(MPT)

4.4.1 Overall Requirements

The Multipurpose Terminal (MPT) shall be designed as a leading facility to handle containers, break bulk cargo, project cargo and bulk grain and vegetable oils. It shall be designed for efficient handling and storage of all cargoes onshore to match the throughput capacity of the berths.

It is envisaged that the container operations will be segregated from those for break bulks, grain and vegetable oils, with separate storage facilities and lorry gates for each.

Introductory description of the technological operation of the terminal:

A modern terminal operating system shall be used that enables all handling operations to be integrated, all containers and break bulk cargoes to be tracked as they progress through the terminal, all container moves to be planned, including on board the vessel and at the main gate, and the number of unproductive container moves to be minimized. The TOS and IT systems shall be linked to any facilities that the concessionaire will operate in the Porto Romano logistics zone or in Durres.

The Reference Design is based on the following handling systems: the designer may propose alternative proven systems that provide equal or better results:

• Containers: based on mobile harbour cranes (MHCs) or ship-to-shore (STS)gantry cranes and yard gantry cranes supported by internal movement vehicles(IMVs) to transport containers between the quay and the stack. The handling system shall be capable of high-speed operation and dense stacking, matching the quay crane productivity and the land area.

• Break bulk: based on MHCs supported by forklifts or IMVs to transport cargoes between the quay and the yard.

• Bulk grain: based on pneumatic unloading of vessels, with underground pipeline(s) to move the material between the quay and the silos.

• Bulk vegetable oils: based on unloading of vessels using ship’s pumps to move the liquid between the quay and the tanks via underground pipeline(s).

• All cranes and bulk handling systems operate on electric power, and mobile equipment and IMVs with low energy / low emission or hybrid diesel engines.

• All landside movement of cargoes is by road, but provision may be made for possible use of rail to carry part of the throughput.

4.4.2 MPT Planning Basis

The MPT Reference Design is based on the following main assumptions:

• Total vessel entry + exit time 2.5 hours for containers / break bulk, 4 hours for grain.

• Operations on 350 days/year, 21 hours/day.

• Vessel service levels to be in line with best modern practice.

• Equipment numbers based on productive moves per year: MHC 66,150, ERTG 40,000, ECH / RS 20,000; 3 tractor-trailers per ERTG + 10% reserve.

• Container dwell times per 2008 Durres Port Master Plan: full import 7 days, full export 5 days, empty 14 days.(These are conservative compared with DPA data for 2020 of full import 5 days, full export 4 days)

• Stacking based on full containers by 1 over 5 ERTGs @ average 3 high and empty containers by ECH @ average 5 high. (Additional capacity can be achieved using 1 over 6 ERTGs.)

• Break bulk cargo: average parcel 1,500t, net crane unloading rate 75 t/hr.

• Break bulk cargo averages: dwell time 10 days, density 0.6 t/m3, stacking 2m high, occupancy 70%.

• Bulk grain: average parcel 8,000t, net unloading rate 250 t/hr.

4.4.3 MPT Facilities

The MPT concession area shall contain the following features as a minimum:

• A straight quay length of at least 750m, with a minimum depth alongside of –14.0m, and able to accommodate vessels in a range of capacities from small up to the ultimate design vessel.

• A quay apron at least 40m wide designed for operation with MHCs operating over the entire quay length.

• Over the westernmost 500m quay length: a quay apron at least 65m wide designed for future operation with STS gantry cranes, with rails on a span in the range 20m to 30.48m / 100’ to support up to four electrically powered gantry cranes.

• Over the easternmost 250m quay length: quay designed for operation by an electrically powered bulk grain unloader and associated conveying installations.

• A total land width of at 250m, measured between the cope line and the rear boundary, to include storage areas serviced by gantry cranes (for full containers) and mobile equipment (for empty containers and break bulk).

• An area of land at the eastern end of the quay, for the silos, tanks, lorry gates and waiting areas, weighbridges, scanners, buildings and maintenance and other ancillary facilities; some of the Phase 1 area may also be available for extending the storage yard(s) after initial construction.

• Utility services including electrical distribution, telecoms / datalinks, reefer stacks, high-mast.

In Phase 1 the minimum depth alongside may initially be reduced to -12.0m.

The MPT shall be designed to enable future expansion into the area to the west to meet increased volumes of containers or break bulk. Therefore the Phase 1 container yard shall be designed for future expansion of the break bulk storage area.

The timing of any expansion works shall be estimated by the designer.

The grain handling and storage systems shall be designed taking into account the measures that will be adopted for management and mitigation of hazards, including health, fire, contamination and explosion.

The designer may propose different layouts and handling arrangements for the MPT, provided that they can demonstrate with readily verifiable calculations and / or simulation that the proposals will result in a terminal whose efficiency and throughput and storage capacities are at least equal to those of the Reference Design.

4.4.4 MPT Scope of Works

The MPT requires the design of all works associated with the development of the terminal, including, without limitation, the following:

• At least 750m of quay with a minimum alongside design water depth of –14.0m (-12.0m initially), and including:

o Anti-scour apron in front of the wall (if required).

o All quay furniture such as fenders, bollards, vehicle safety barriers, safety ladders and chains.

o Power cable feeds for up to eight MHCs.

o Provision for installations for future gantry cranes such as rails, buffers, tie-downs, storm anchors, power cable feeds.

o Provision for installations for future shore-ship power to up to three vessels.

• Infrastructure works including:

o Storage areas including provision for container storage over at least the westernmost 500m portion of the quay back-up area and break bulk storage over the remainder.

o Reefer platforms.

o An area for leaking tank containers.

o Provision for covered storage of break-bulk cargoes and for cold storage (if required: may be added later by the concessionaire – to be agreed with DPA).

o Silos for storage of bulk grain, with pipelines between the silos and the eastern berth and truck loading facilities storage (may be added later by the concessionaire – to be agreed with DPA).

o Tanks for storage of vegetable oils, with pipelines between the tanks and the eastern berth and truck loading facilities (may be added later by the concessionaire – to be agreed with DPA).

o Pavements to quay apron, storage areas, roads, truck waiting areas and parking areas for mobile equipment, other vehicles and cars.

o Safety barriers, signage and surface markings.

o Railway tracks.

o Buildings for terminal office, workshop / stores, amenities and utilities.

o Utility services and fuelling station.

o Security fencing.

o Fire detection and alarm systems.

o Infrastructure for the TOS, IT and security systems that will be installed later by the concessionaire.

4.5 Dry Bulk Terminal (DBT)

4.5.1 Overall Requirements

The Dry Bulk Terminal (DBT) shall be designed, equipped and operated as a leading facility to handle dry bulk cargoes including coal, minerals, fertilizer, scrap metal and cement. It shall be designed for efficient handling and storage of all cargoes onshore to match the throughput capacity of the berths.

A modern terminal operating system shall be used that enables all handling operations to be integrated and materials to be tracked as they progress through the terminal.

The Reference Design is based on the following handling systems: the designer may propose alternative proven systems that provide equal or better results:

• Cement: based on pneumatic loading and unloading of vessels, with underground pipeline(s) to move the material between the quay and the silos and between the silos and trucks or rail wagons.

• Other materials: based on either screw unloaders or mobile harbour cranes (MHCs)discharging via de-dusting hoppers to transporters or dump trucks to move the materials between the quay and the stack, and mobile loaders to load the materials into trucks or rail wagons. If bulk materials are to be exported, loading shall be by low dust systems such as enclosed conveyor and Cleveland cascade. The handling system shall be capable of high-speed operation and dense stacking, matching the quay crane productivity and the land area.

• All cranes and cement handling systems operate on electric power, and mobile equipment and IMVs with low energy / low emission or hybrid diesel engines.

• A rail terminal to maximize the use of transport once the railway link to the port has been completed.

• Landside movement by road of all cargoes not carried by rail.

4.5.2 DBT Planning Basis

The DBT Reference Design is based on the following main assumptions:

• Operations on 350 days/year, 21 hours/day.

• Break bulk cargo averages: dwell time 10 days, density 0.6 t/m3, stacking 2m high, occupancy 70%.

• Total vessel entry + exit time 4 hours.

• Vessel service levels to be in line with best modern practice.

• Bulk coal: average parcel 25,000t, net crane unloading rate 200 t/hr x 2 cranes, stockpiles up to 10m high.

• Scrap, fertilizer: average parcel 10,000t, net crane unloading rate 200 t/hr x 2 cranes.

• Bulk cement: average parcel 10,000t, net unloading rate 250 t/hr, net loading rate 600 t/hr.

4.5.3 DBT Facilities

The MPT concession area shall contain the following features as a minimum:

• A straight quay length of at least 480 m, with a minimum depth alongside of -14.0 m, and able to accommodate vessels in a range of capacities from small up to the ultimate design vessel.

• A quay apron at least 40 m wide designed for operation with MHCs operating over the entire quay length and having sufficient outreach, height and loading capacity to serve the design vessels, and mobile de-dusting hoppers.

• Over the easternmost 250 m quay length: quay designed for operation by an electrically powered bulk cement loader / unloader and associated conveying installations.

• A total land width of 250 m, measured between the cope line and the rear boundary, to include storage areas and future rail terminal.

• An area of land at the eastern end of the quay, for the silos, lorry gates and waiting areas, weighbridges, buildings and maintenance and other ancillary facilities; some of the Phase 1 area may also be available for extending the stackyard after initial construction.

• Utility services including electrical distribution, telecoms / datalinks, high-mast lighting, water supply, dust suppression system, fire mains and sewerage.

In Phase 1 the minimum depth alongside may be reduced to -12.0 m initially.

The DBT shall be designed to enable future expansion into the area to the west to meet increased traffic volumes.

The timing of any expansion works shall be estimated by the designer.

The DBT shall be designed taking into account:

• The measures for management and mitigation of hazards, including health, fire, contamination and explosion, that will be adopted for each type of material to be handled.

• The methods of cleaning and spillage collection that will be employed in each part of the terminal.

The designer may propose different layouts and handling arrangements, provided that it can demonstrated with readily verifiable calculations and / or simulation that the proposals will result in a terminal whose efficiency and throughput and storage capacities are at least equal to those of the Reference Design.

4.5.4 DBT Scope of Works

The DBT requires the design of all works associated with the development of the terminal, including, without limitation, the following:

• At least 750 m of quay with a minimum alongside design water depth of -14.0 m (-12.0 m initially), and including:

o Anti-scour apron in front of the wall (if required).

o All quay furniture such as fenders, bollards, vehicle safety barriers, safety ladders and chains.

o Power cable feeds for up to four MHCs.

o Provision for installations for future shore-ship power to up to two vessels(may not be worthwhile given the low energy consumption of bulk carriers in port).

• Infrastructure works including:

o Gravel storage areas.

o Silos for storage of bulk cement, with pipelines between the silos and the eastern berth and truck and rail loading and unloading facilities (may be added later by the concessionaire – to be agreed with DPA).

o Installations to minimize escape of dust such as covered storage and conveyors, sediment collection system, dust suppression system, wind fences (may be added later by the concessionaire – to be agreed with DPA).

o Pavements to quay apron, roads, truck waiting areas and parking areas for mobile equipment, other vehicles and cars.

o Safety barriers, signage and surface markings.

o Railway tracks.

o Buildings for terminal office, workshop / stores, amenities and utilities.

o Utility services and fuelling station.

o Security fencing.

o Fire detection and alarm systems.

o Infrastructure for the TOS, IT and security systems that will be installed later by the operator.

4.6 Common Port Facilities

The common port facilities shall be designed and equipped for the following organizations and activities:

a) The Port Authority

b) Harbour Master

c) Customs

d) Health authorities

e) Border control / security

f) Emergency services

g) Washroom facilities for staff and visitors.

The design of all works associated with the common port facilities, including, without limitation, the following shall be carried out:

• Buildings containing offices for the port authority, harbour master, customs, health authorities, border control / security and emergency services.

• Specialist facilities including marine control room, first aid clinic.

• Secure open and enclosed inspection facilities for customs and health authorities.

• Garages for patrol vehicles and emergency vehicles, including fire engine and ambulance.

• Berths for harbour craft, provisional depth -6m, including:

o Marine Unit 1: 4 tug boats, 6 pilot boats, 2 service / basin cleaning boats.

o Marine Unit 2: 8 motor boats up to 13m long (two each for harbour master, border police, customs and port authority).

• Store for oil spill equipment.

• Washing / toilet facilities for visitors.

• Car parking, fencing, landscaping.

• Utility services for the buildings and external areas, including lighting.

• IT, security, fire detection and alarm systems: split between Phase 1 works and facility users to be agreed with DPA.

It is expected that maintenance and repair of the vehicles will be performed at the MPT M&R workshop.

4.7 Other Facilities

The port layout shall make provision for the following facilities outside the ISPS boundary in suitably sheltered waters:

• Navy / Coastguard: quay length 120 m and depth 6m, with a land area of up to 6.000 sq m.

• Ship repair yard: area 200 m x 50 m, with a berth depth of 8m and a facility to lift vessels up to 500 GT out of the water.

5 INFRASTRUCTURE GENERALLY

5.1 Breakwaters

The breakwaters are envisaged as rubble mound structures armoured with either rock or concrete units. Rock armour may be used only if a sufficient quantity of material of the required size and of acceptable quality is available.

Breakwaters shall be designed to limit wave overtopping and transmission into navigation areas and into adjacent land areas, both initial and future, and to minimize wave reflection. They shall be designed using data to be obtained from field investigations to be undertaken by the designer. They shall be designed so as to require minimal maintenance during the design life.

The roundheads shall be designed to ensure that the structure will not be affected by future deepening of the entrance channel and turning area.

The armour, slopes and crest shall be designed to ensure stability under all design conditions. The inner slopes of breakwaters where future reclamation is shown adjacent shall be designed to facilitate the removal of the armour material and placing of filter layers before the fill material is placed.

The design of all elements of breakwater structures shall be fully integrated and shall be consistent with the method and sequence of construction. The foundations and cross section shall be designed to take into account the existing geotechnical conditions along the length and breadth of the structure, and to achieve acceptable factors of safety and degrees of settlement under all loading conditions during the design life, including in earthquake. Removal and / or improvement of weak bed material shall be carried out if necessary.

The stability and hydraulic performance of the cross-section design shall be verified using physical hydraulic model testing in a reputable laboratory.

5.2 Dredging

The navigation areas shall be dredged to the minimum depths specified for marine access.

Dredged material suitable for re-use shall be used in the reclamation. Dredged material unsuitable for use in reclamation shall be disposed of at a licensed offshore site, or elsewhere, subject to the necessary approvals.

Methods for dredging, transport and dumping operations shall be designed to minimise the release of suspended material in accordance with specified environmental impact mitigation requirements.

Additional reclamation material may be obtained by dredging from a licensed offshore site, subject to the necessary approvals.

Side slopes shall be designed on the basis of the results of the field investigations, and may be modified by agreement during the course of the works.

Where the seabed at the berth is of loose or soft material, the areas in front of the quay wall and the seawalls bordering the basin and turning area shall be protected against scour by vessel propellers and thrusters.

5.3 Land Areas

All port land areas in each phase shall be reclaimed or raised to the specified elevations using approved fill material. They shall be designed to take into account the existing geotechnical conditions beneath each area, and to achieve acceptable factors of safety and degrees of settlement under all loading conditions during the design life, including in earthquake. Ground improvement and / or removal / replacement of weak bed material shall be carried out if necessary.

Based on a projected sea level rise of 0.61m by 2100, the final elevation at the perimeter of the Phase 1 area shall be not less than +2.4m. The final elevation of areas that are not to be paved in Phase 1 shall be not less than +1.8m. All structures, installations, paving, railways, drainage and services shall be designed to allow for the effects of settlement over a period of 50 years from completion of the works.

Fill material for reclamation and for raising existing ground levels that is not obtained by dredging may be obtained from sources on land, subject to the necessary approvals.

Fill material shall be placed within containment bunds to minimise the escape of suspended material during construction.

The seaward edges of all new port land not retained by other structures shall be protected against action by waves, currents, propeller wash and run-off by means of wave absorbing slopes. The slopes shall be formed with rock fill layers and rock armour, with a geotextile filter to prevent fill material being washed out. The toes of the slopes shall also be protected against erosion.

All fill material placed above water shall be compacted in layers using heavy duty equipment to limit settlement and maximise load bearing capacity. Improvement of the material placed below water and of the underlying seabed material shall be carried out if required for the finished works to comply with the specified settlement criteria.

The existing land drainage system shall be segregated from the new port. Existing drainage channels that cross the new port area shall be diverted as necessary.

All port land areas shall be sloped to promote drainage, with minimum gradients of 1:100 for paved storage areas and quay apron and 1:50 cross falls for roads and unpaved areas. In general, all surface water, including along the perimeter of the Phase 1 port land, shall be directed via channels or gullies to a network independent of the existing land drainage system. In the DBT stockpile areas, the use of underground drains should be avoided, and durable flexible impermeable sheeting shall be installed, if necessary, to prevent escape of contaminants into groundwater or the sea.

Interceptors will be required at the workshop areas and at all outfalls so that any spilt fuel, oil, grease or other pollutants are contained and not discharged directly to the sea or the external drainage system. The drainage slopes and network shall be designed to avoid ponding and to take into account any other effects of post-construction settlement.

5.4 Berths and Quay Walls

This section refers to the quay walls and berths for the MPT and the DBT. The quay walls for the marine unit shall be designed to suit the range of harbour craft to be accommodated.

The designer shall consider alternative forms of construction to be used for the quay walls and shall recommend his preferred option, for approval. The designs shall include all quay equipment such as fenders, bollards and safety equipment, and utility services including provision for electrical connections to quay cranes, potable water for vessels, and provision for future shore power for vessels.

The berths and quay walls shall be designed to allow for eventual deepening to the minimum levels specified plus an allowance of at least 0.5m for over-dredging. The designer may propose greater depths, subject to approval.

The cope and fender line for the quay walls shall be continuous, and the minimum distance between the future seaward crane rail and the cope line shall be 3m. The cope level shall be +2.4m.

Minimum clearance between face of underwater part of the structure and vessel hulls with a 1( list and fenders fully compressed shall be 0.5 m.

At each development stage, the ends of the quay wall shall return at 900 to the berthing line, and shall extend for a sufficient distance to retain the fill material up to the point where this function is performed by the rock fill sea wall/slope.

The quay wall shall incorporate joints and filters to minimise differential water pressures and prevent migration of backfill material, and the calculations shall clearly indicate the maximum differential water pressures assumed in the design.

The quay design shall take into account the following minimum operational requirements:

a) Under normal conditions, at least two cranes working in close proximity.

b) Under normal conditions, four MHCs or STS cranes working on the largest design vessel.

The fender system design shall be optimised in conjunction with vessel mooring configurations to minimise vessel motions at berths due to wave action within the harbour basin. The spacing of the fenders shall not exceed 15m. The fender spacing and geometry shall be designed to ensure that a positive clearance is always maintained between the vessel and the quay structure and the maximum allowable hull pressure is not exceeded.

Bollards with a minimum capacity of 100 tonnes shall be provided to accommodate the largest vessels along the length of the quay. Bollard spacing shall be designed to suit the range of design vessels and shall not exceed 24m.

Detailed design of interfaces with rail-mounted cranes shall be based on information provided by the crane supplier. The following installations shall be provided as a minimum, and designed to suit the supplied cranes, based on at least one crane per 100m length of quay:

a) Heavy duty track system to support the seaward and landward crane wheels over the full length of the quay, including welded rail supported on resilient pad and sole plate, all continuous. The rail heads shall be flush with the apron surface and the rails shall be capable of lateral adjustment by at least +/-10mm using clips that allow longitudinal thermal movement of the rail and its removal if damaged.

b) Crane rail foundations shall be designed and built so as to limit post-construction settlement and lateral movement to values within the range stipulated by the quay crane manufacturer, subject to an over-riding limit of 15mm in both directions.

c) Buffers at the ends of the rails.

d) Sets of recessed tie-down points and anchor pin slots, located at approximately equal spacing along the quay.

e) A continuous slot for crane power cables on the seaward side of the seaward rail. The slots shall be designed to accommodate the maximum number of cables that could result from the range of crane operating positions.

f) Cable connection points. Pits for rail-mounted cranes are to include cable anchorage and funnel and sized for personnel access.

g) Adequate drains for all slots and sumps for all pits.

Rail and cable slots shall be filled in with durable material until such time as they are required for use.

5.5 Aids to Navigation

Works on aids to navigation (AtN) comprise the supply and installation of illuminated navigation buoys in the channel and turning area, fixed lights at the tips of the breakwaters and the western ends of the quay walls, and illuminated lead-in towers on land.

The Port Authority may also procure and install a Vessel Traffic System (VTS) complete with equipment installed in the marine operations room in the Harbour Master’s offices.

5.6 Roads/Pavements

Within the main terminal areas, roads shall be provided for circulation of external lorries and terminal equipment, as well as parking areas for terminal equipment and vehicles. The road system shall be designed to maximise the use of one-way traffic movements through the container yard for all vehicles. The layout of the roads and aisles shall provide sufficient lane width, turning space and sight lines to enable operations to be conducted safely.

Access roads outside the port boundary shall be designed to facilitate safe traffic flows. Major junctions with roundabouts having a minimum central island of 30m diameter are envisaged.

Pavements shall be designed for the expected use during the design life, based on the expected numbers of movements of each class of vehicle.

Yard paving shall be designed for the following minimum requirements:

a) Laden container stacks: to support loads from containers, as stated above, to suit the stacking configuration proposed by the designer. Subject to serviceability, acceptable options include heavy duty paving, and concrete ground beams to support the container corner castings with gravel or light surfacing between them.

a) Runways (including cross-runways) for yard gantry cranes: to support loads from the supplied cranes. Subject to serviceability, acceptable options include heavy duty paving and concrete ground beams. Depending on the gantry crane turning system, turning plates may be required to prevent surface damage at junctions of main and cross-runways.

b) Special areas, e.g. railway terminals, maintenance areas (including service bays, washdown bays, fuelling station, etc), leaking container storage: to support loads from the heaviest vehicles or handling equipment and to be resistant to the expected usage and accidental spillages. Reinforced concrete slabs with a durable, non-slip, non-dusting and oil-resistant surface.

c) Empty container stacks and break bulk storage areas: heavy duty paving designed to support the loads imposed by cargo and the heaviest vehicles or handling equipment.

d) Dry bulk storage areas shall be surfaced with compacted gravel or other approved material.

All pavements shall be designed to allow for settlement and to require minimal maintenance during the design life: within these constraints, either rigid or flexible pavements may be proposed.

The pavement layers shall be constructed on a suitable prepared foundation whose design strength properties shall be derived on the basis of laboratory testing. The actual properties of the foundation material shall be checked and the design adjusted if necessary.

Depending on the RTG design, storm tie-down anchorages may be required. One set of anchorages should be provided for each stack.

Covers and gratings to drainage and utility services installations in each area of the works shall be designed to suit the usage and loadings to which the area will be subjected.

The system of signs and surface markings on all roads and other paved areas shall be designed to facilitate traffic flow and promote safety.

5.7 Buildings

5.7.1 General

To be designed to meet the functional, operational and environmental requirements of the users. For all administration building external areas and associated service roads and parking areas, landscaping shall be provided.

All buildings shall be designed integrally with their heating, cooling, ventilation and air conditioning systems and to ensure that ambient conditions will be suitable for their occupants and equipment. Buildings and their services installations should be designed to function with low energy consumption and low carbon emissions, including through provision of electronic controls. The use of solar panels to provide power for the building and other facilities should be considered.

5.7.1 Multipurpose Terminal (MPT)

Administration/Operations

Main office building for the terminal administration, management and operations functions, together with space and facilities on the ground floor for the various shipping lines and agents as well as a bank and security for the building.

Pre-gate office to be located on the ground floor or near the container lorry waiting area.

Terminal control room to be sited on the top floor.

Parking spaces for vehicles and motorcycles / bicycles to be provided on the landside of the building for terminal staff and visitors, and limited parking on the terminal side for terminal operations staff only.

Maintenance and Repair (M&R)

The M&R facilities are to include a well-equipped workshop with sufficient space to work on approximately 10% of the mobile equipment and spreaders at any one time. To be located outside but close to the container and break bulk storage areas. To include at least the following features:

• Functions:

o In-situ maintenance and repair, under cover, of all mobile handling equipment in the terminal, spreaders, tyres, batteries and components.

o Open service bays for RTGs, fitted with anti-condensation heater connection points.

o Base for maintenance and repair of MHCs and future rail-mounted gantry cranes.

o Base for monitoring and repair of reefer power supplies.

o Fuel station (with canopy) to serve all terminal mobile equipment, excluding RTGs and other large items that are fuelled by bowser.

o Parking for mobile equipment.

o Base for maintenance and repair of terminal infrastructure.

• Workshop section: clear span shed with continuous doorways along one side and equipped with an overhead travelling crane; charging station for electric vehicles and batteries; welding bays; tyre pressure testing; cleaning systems; services including water, compressed air, lubricants, gases.

• 2-storey block for offices, stores with receipt point for external vehicles, changing rooms for all workshop personnel, first aid section.

• Secure storage for large items (e.g. tyres).

• External washing bay able to accommodate the largest vehicles and mobile equipment.

• Mobile workshop to minimise lost time resulting from minor breakdowns.

Areas subject to oil spillage to be paved with concrete slabs and drained via oil interceptors or sumps to collect oily waste water for separate disposal.

Canteen/Amenities

Located adjacent to the main terminal personnel checkpoint. Canteen facilities with a single kitchen catering for two separate sections: “clean” for office staff and “dirty” for terminal operatives and maintenance personnel.

The kitchen will require a separate external vehicular access for deliveries of catering supplies.

This facility will also include changing rooms and lockers for all yard personnel.

At strategic points around the terminal, small blocks comprising a washroom and shelter should be provided for terminal personnel.

Leaking/Hazardous Containers

Two pits for 40 ft containers to be provided outside the main stacking areas to cater for leaking containers. The pits will be tanked to contain any hazardous discharges and constructed with separate drain interceptors to facilitate cleaning. Leakers will be transported within the terminal using a special tanked trailer, which may also be used to store the box as an interim measure.

A secure compound to be provided for two 40 ft units containing hazardous materials, as a back-up to the normal storage arrangements for full IMDG containers. The compound will have a canopy for weather protection, lighting and a fire sprinkler system. Canopy clearances to be sufficient to enable the containers to be handled with a reach stacker.

Security

The terminal shall comply with ISPS requirements, and the entire terminal compound must be protected against unauthorised entry. The following requirements shall be provided as a minimum:

• Along the perimeter, a robust weldmesh fence or wall at least 2.4m high surmounted by barbed or razor wire, supplemented by CCTV and perimeter security lighting.

• Central security office to include a CCTV control room. The office will be located near the lorry gate or in the main office building. It will also be used to process drivers requiring a day pass.

• Access control systems (including cameras) will be used for all vehicles, cargo and personnel entering the secure area. The movement of all vehicles entering the terminal will be recorded and each one issued with a pass (either for a single visit or a renewable one for regular hauliers). The vehicle and the driver (and other personnel in the cab) will be photographed on entry, and records maintained. Provision to be made for future installation of under-vehicle inspection (UVI) at all vehicle lanes.

• Pedestrian movements within the terminal should be minimised through the use of buses. Bus stops will be provided both inside and outside the terminal, next to the checkpoint.

• Special measures will be required at secondary / emergency gates. Where rail tracks enter the secure area, there will be a secure gate across the tracks (with personnel and CCTV control) that will be opened only while rail movements are taking place.

• To give maximum flexibility to adjust road and storage layouts to suit changes in traffic patterns and handling procedures, edges of roads and boundaries between container and break bulk stacking areas will generally be marked using heavy precast concrete barriers that can be moved with a reach stacker.

Customs

Facilities within or adjacent to the container yard, comprising:

• A building of 3,000 sq m, for physical control and warehouse for temporary storage of goods and/or dangerous goods.

• 7,000 sq m open area for container inspections, including waiting area.

• Container scanner area 3,000 sq m.

An area of 400 sq m within or adjacent to the break bulk cargo yard, to accommodate offices and two customs scales of 50 sq m each.

Other

The designer shall propose such additional minor buildings as he considers necessary to operate the terminal efficiently, including plant rooms, toilet blocks, berth offices, gate kiosks and canopy.

Covered storage shall be provided if the terminal is to handle weather-sensitive materials that cannot be stored in the open. Temperature-controlled storage may also be required. Covered stores shall be designed to be demountable to facilitate changes of use / relocation.

5.7.2 Dry Bulk Terminal (DBT)

Administration / Operations

Main office building for the terminal administration, management and operations functions, together with space and facilities for shipping lines and agents as well as security for the building.

Parking spaces for vehicles and motorcycles / bicycles to be provided on the landside of the building for terminal staff and visitors, and limited parking on the terminal side for terminal operations staff only.

Maintenance and Repair (M&R)

The M&R facilities are to include a well-equipped workshop with sufficient space to work on approximately 10% of the mobile equipment and grabs at any one time. To be located outside but close to the storage areas. To include at least the following features:

• Functions:

o In-situ maintenance and repair, under cover, of all mobile handling equipment in the terminal, grabs, tyres, batteries and components.

o Base for maintenance and repair of MHCs, ship loaders / unloaders, silo systems, pneumatic pipelines, conveyors.

o Fuel station (with canopy) to serve all terminal mobile equipment, excluding large items that are fuelled by bowser.

o Parking for mobile equipment.

o Base for maintenance and repair of terminal infrastructure.

• Workshop section: clear span shed with continuous doorways along one side and equipped with an overhead travelling crane; charging station for electric vehicles and batteries; welding bays; tyre pressure testing; cleaning systems; services including water, compressed air, lubricants, gases.

• 2-storey block for offices, stores with receipt point for external vehicles, changing rooms for all workshop personnel, first aid section.

• Secure storage for large items (e.g. tyres).

• External washing bay able to accommodate the largest vehicles and mobile equipment.

• Mobile workshop to minimise lost time resulting from minor breakdowns.

Areas subject to oil spillage to be paved with concrete slabs and drained via oil interceptors or sumps to collect oily wastewater for separate disposal.

Canteen / Amenities

Located adjacent to the main terminal personnel checkpoint. Canteen facilities with a single kitchen catering for two separate sections: “clean” for office staff and “dirty” for terminal operatives and maintenance personnel.

The kitchen will require a separate external vehicular access for deliveries of catering supplies.

This facility will also include changing rooms and lockers for all yard personnel.

At strategic points around the terminal, small blocks comprising a washroom and shelter should be provided for terminal personnel.

Security

The port and terminals shall comply with ISPS requirements, and each terminal compound must be protected against unauthorised entry. The following requirements shall be provided as a minimum:

• Along the perimeter, a robust weldmesh fence or wall at least 2.4m high surmounted by razor wire, supplemented by perimeter security lighting and CCTV designed to provide full coverage of each terminal area including the quays, buildings, the secure area perimeter and each vehicle gate lane and pedestrian gate.

• Central security office to include a CCTV control room. The office will be located near the lorry gate or in the main office building. It will also be used to process drivers requiring a day pass.

• Access control systems (including cameras) will be used for all vehicles, cargo and personnel entering the secure area. The movement of all vehicles entering the terminal will be recorded and each one issued with a pass (either for a single visit or a renewable one for regular hauliers). The vehicle and the driver (and other personnel in the cab) will be photographed on entry, and records maintained. Provision to be made for future installation of under-vehicle inspection (UVI) at all vehicle lanes.

• Pedestrian movements within the terminal should be minimised through the use of buses. Bus stops will be provided both inside and outside the terminal, next to the checkpoint.

• Special measures will be required at secondary / emergency gates. Where rail tracks enter the secure area, there will be a secure gate across the tracks (with personnel and CCTV control) that will be opened only while rail movements are taking place.

Other

The designer shall propose such additional minor buildings as he considers necessary to operate the terminal efficiently, including plant rooms, toilet blocks, berth offices, gate kiosks and canopy.

Covered storage shall be provided if the terminal is to handle weather-sensitive materials that cannot be stored in the open. Covered stores shall be designed to be demountable to facilitate changes of use/relocation.

5.7.3 Common Port Facilities

Port Authority

A dedicated area of 2,000 sq m for offices and parking.

Harbour Master

A dedicated area of 400 sq m for offices and control tower, plus parking spaces and secure storage for marine units and oil spill equipment.

Border Police

A total ground area of 500 sq m.

Customs 

A general area of 3,000 sq m for offices, warehouse, parking, training centre, etc.

Emergency Services

• Fire station, with a total ground area of 1,000 sq m, including canopy for fire tender.

• Medical centre providing first aid facilities, with a canopy for an ambulance.

5.8 Utility Services

To be designed to meet the functional, operational and environmental requirements of the users. The following arrangements are envisaged, but all utilities shall be designed to comply with local and international standards.

5.8.1 Water Supply/Distribution

Potable water will be supplied from the public system. It is proposed that the water storage will consist of a ground tank, holding about the maximum daily requirement, and a smaller overhead tank filled using pumps installed in the ground tank. The tanks will be located in the common port facilities area, outside the terminals.

Ring mains will distribute the water around each terminal, including to the berths for supplying vessels, and the common buildings. The mains shall provide adequate flow and a minimum pressure of 4 bars at any point. The buildings will have roof tanks.

The ground tank storage shall be sufficient for at least 24 hours’ use when the terminals are operating at full capacity, based on average daily water demand from the workforce and other uses including DBT (dust suppression), maintenance areas (equipment wash down, etc) and the berths (vessel bunkering).

5.8.2 Fire Protection

A dedicated fresh water-based firefighting system will be installed in each terminal and the common port area. Ring mains, connected to hydrants, will provide a continuously pressurised system maintained full of water.

The firefighting system shall include a dedicated tank, located in the common port facilities area, supplied from the potable water main, with a provisional capacity of 150 cu m to supply two hydrants each delivering 600 l/min for two hours. Two pumps - one electric and one engine-driven – shall each be capable of maintaining a minimum flow of 600 l/min from two adjacent hydrants at 3 bars pressure.

Fire-fighting equipment will also be installed at vulnerable installations such as fuel tanks and dispensers.

Fire detection and alarm systems, including an alarm panel to indicate status of alarm zones and equipment, will be provided in all buildings and returned to a control console in the port fire station.

5.8.3 Sewerage

Domestic wastewater and sewage from all facilities in the port shall be piped to one or more package sewage treatment plants located within the port. Holding tanks shall be provided as back-up in the event of discharge pump failures. The treated sewage will either be used to irrigate landscaped areas or pumped into the public gravity main or into the sea provided it complies with local and international standards.

5.8.4 Waste Product Collection

Facilities shall be provided to receive waste from vessels to ensure that each terminal complies with MARPOL requirements, and to collect garbage and contaminants from the terminals and the common port facilities.

5.8.5 Fuel Storage and Facilities

Diesel fuel will be supplied via a dedicated pipeline from the existing depot, but facilities will also be provided for road tanker deliveries. The fuel will be used to supply the mobile equipment and vehicles.

A fuel station consisting of pumps and fuel dispensers will be provided in each terminal for the terminal tractors and other terminal vehicles. A fuel bowser will be used to re-fuel the auxiliary engines on the MHCs and ERTGs, and the reach stackers and ECHs. At least two dispensers will be provided per terminal.

Fuel storage tanks will be provided adjacent to the vehicle fuelling stations, with sufficient capacity for approximately 12 days’ average consumption when the terminal is operating at full capacity. The tanks will be located to allow safe access, with space for vehicles waiting for fuel and the delivery tanker. The tanks will be bunded to contain spillages, with drainage via interceptors.

It is envisaged that fuel for vessels, if required, will be supplied by barge from one of the existing marine terminals at Porto Romano.

5.8.6 Cable Services

The port electrical system shall include a main incoming substation located in the common port facilities area, HV distribution and substations, and distribution networks to all electrical loads and outlets. Designs, materials and plant shall be in accordance with current IEE and CEB Regulations.

Power supply to reefer containers shall be via secure connections mounted on steel access platforms with landings at each tier of containers and stairways between landings.

Back-up power sources shall be provided to essential facilities including security, alarm and IT systems, making safe gantry cranes carrying a load, minimum levels for exterior lighting, reefers and workshop equipment, pumps, and lighting and elevators in buildings. Depending on system requirements, back-up power may also be required for vegetable oil heating installations and temperature-controlled sheds.

Provision shall be made to facilitate the future supply of electrical power to vessels at all berths.

External telecommunications connections shall be made at the common port facilities area.

IT links shall be provided to all operational buildings and facilities including reefer stacks, substations, plant and plant rooms and the fuelling stations, and to all handling equipment.

Telecommunication and data transmission systems shall include EDI links to the Port, Customs, port security and port users. A telephone exchange with charger shall be located in each administration building.

Security systems to control and monitor access by personnel across the port and terminal boundaries and within the terminal areas, and to detect unauthorised entry and activate alarms, shall be installed at all external doors of operational buildings and facilities.

The CCTV system shall be integrated with the anti-intrusion and lighting systems and shall meet ISPS requirements. Cameras shall be controlled remotely from a control centre located in the security office. Gate cameras shall be controllable from the lane kiosk.

A fire / smoke / heat detection and alarm system shall be installed in all operational buildings and facilities, and these shall be linked to a central panel in the administration building.

All underground cables shall be laid in ducts.

Lightning protection shall be provided, and structures including rail tracks shall be earthed.

5.8.7 Lighting

Lighting shall be installed in all areas to provide constant and uniform lighting levels appropriate to the activities in each area. Emergency lighting shall be provided to facilitate safe egress in the event of power failure.

Area and security lighting will be designed to allow safe working at night, with the lighting masts arranged to optimise the use of the terminal space and minimize shadows. Such systems will be automatically controlled but will include a manual override.

High mast lights will be provided to illuminate the quay aprons, storage areas, lorry gate / waiting areas and the rail terminals. The mast design shall enable the lanterns to be lowered to the ground for inspection and repairs.

Street lighting will be provided to all service roads and parking areas.

In general, proven LED lighting equipment should be used.

5.8.8 Terminal Operating Systems (TOS)

The TOSs to be installed by the terminal concessionaires, which will form part of the overall IT system within the terminals, will be proven systems, appropriate to the types of cargo and operations at each terminal. The TOS shall provide all required functionality and stability to efficiently operate the terminals.

Functions may include vessel planning (stowage), yard planning (yard allocations/advice), and control of all containers and cargo entering and leaving the terminal and whilst they are stored or being moved in the terminal. The systems should allow management of the gates, yard, vessel arrivals and offloading, notifications (bookings), holds and releases, as well as archival functions. They should allow customers (lines, Customs, and selected consignees) to access information through the internet, and also allow for the placement and release of holds by the lines and Customs.

The works shall include the fixed infrastructure required for the TOS installations and equipment by the concessionaires.

5.8.9 Workshop Services and Equipment

The terminal workshops shall be fully equipped to enable the concessionaires to undertake maintenance and repair of all terminal equipment and vehicles. Workshop services shall include systems for compressed air, lubrication and gases, all designed in accordance with international standards and local regulations. Workshop equipment shall comply with international standards and local regulations and shall be supplied by reputable manufacturers in accordance with their standard specification.

The layout of the workshops and facilities shall be provided to meet the requirements of the handling equipment in consultation with the manufacturers. Adequate space should be provided for storage of spare parts and consumables with air-conditioned spaces as necessary.

Any recommended and specialist equipment to undertake the maintenance of the handling equipment shall be provided. Adequate open or lay down areas shall be incorporated.

IT systems to control spare part inventories, maintenance systems and records shall be provided and incorporated as part of the terminal systems.

Appendix - TERMS OF REFERENCE

1. PROJECT DESCRIPTION

Project objectives

The government aims to turn the Port of Durrës into an urban center for real estate development, tourism and maritime passenger transport. As part of this vision, some of the existing port activities taking place in the Port of Durrës will be relocated to Porto Romano, an existing port area, located 10km north of the Port of Durrës.

Operations and infrastructure related to articles in the Port of Durrës include the following:

|Services in the Port of Durrës |Location of services in the future |

|Container terminal. This terminal is administered by the Durrës |These services will be relocated to the new Porto Romano |

|Port Authority (DPA) (Currently a tender has been announced to |Multi-Service Terminal. |

|find an operator that will administer this terminal during the | |

|remaining 5 years before its relocation). | |

|General Goods (Western Terminal) - administered by DPA | |

|Dry Bulk Terminal (Eastern Terminal) - administered by EMS-APO |These services will be relocated to the new Dry Bulk Terminal in |

| |Porto Romano and will continue to be operated by the current |

| |concessionaires under the contract in force. |

|Ferry Terminal - administered by the company AFTO (Albanian Ferry |This terminal will stay in the Port of Durrës. |

|Terminal Operator) | |

Figure 1 below shows the layout of the existing Port of Durrës and the three terminals that will be relocated to Porto Romano.

Figure 1: Port of Durrës

[pic]

Porto Romano

It is located in the north of the city of Durrës. In 2004, Porto Romano was granted a BOT (Build, Operate, and Transfer) concession for the transportation of oil and liquefied natural gas products. The second concession, located south of Porto Romano, was awarded to the MBM Port company in 2017 for the processing of vessels transporting hydrocarbons and bulk cargo: the CBM service is also planned. As shown in Figure 2, the area north of existing installations is considered as a potential location to relocate not only the activities of the terminals of the Port of Durrës, but also the administration of goods.

It is required that the study provide a detailed project for the medium-term development of the port and the plans of the layout should determine how capacities will be increased, in order to have an increase in the long-term plan. The two stages of development planning are defined as follows:

Phase 1: The detailed design for Phase 1 should be large enough to withstand the transit capacity of port cargo by [2053], also based on the Traffic Advisor forecasts. The capacity of terminals for Phase 1 should not be less than that of existing terminals in the Port of Durrës .

Final development: The layout project should also provide how the port can be expanded over time by going through different stages. Meanwhile, the final capacity will be determined in consultation with the DPA as well.

Figure 2: Proposed location for the Port of Porto Romano

[pic]

New location of Porto Romano

Drainage sluice

2 CONSULTANCY OBJECTIVES

The main objective of this consultancy is to perform all the necessary services to complete the master plan and to prepare the appropriate construction designs and the tender documents to be submitted to the contractors. The main tasks are as follows:

a. Review of existing studies and data, as well as update of the master plan for the Port of Porto Romano.

b. Conducting economic and financial analysis.

c. Research planning for project purposes and environmental impact assessment.

d. Preparation of port layouts, including numerical modeling.

e. Conduct an assessment of the impact that the port project may have on the environment.

f. Preparation of detailed plan for Phase 1 works, including physical wave modeling.

g. Preparation of tender documents for the construction and performance of Phase 1 works.

h. Compilation of reports for each of the tasks mentioned above.

The project will be in accordance with Albanian legislation, standards and codes of practice, in accordance with standards and codes of marine and other internationally recognized works, including British Standards, Euro codes and PIANC guidelines.

3 REVIEW OF EXISTING STUDIES AND DATA

3.1 General

The Consultant will study and consider all existing documentation for Porto Romano, including those set forth below, as well as all research, previous project studies, and works performed for existing seaport terminals and the new port. They will also study and consider physical conditions at and affecting the site, including biometrics, topography, metro-oceanography, geotechnics, sedimentation and hydrology.

Thanks to the use of these documents, the Consultant will update the master plan, as well as ascertain the gaps related to the information for the site, which must be filled in order to plan the entire port and detailed drawings for Phase 1.

3.2 Traffic forecasting

The port of Durrës is expected to be closed to all external cargo traffic, excluding cargo transport carried out by ferries. Afterwards, only ferries, cruise ships and yachts will be anchored in the port. All goods of Durrës and its remote areas will be administered in the new port of Porto Romano as well as transit traffic to/from other countries, with the exception of ro​​/ro type ships. Petroleum products are and will continue to be administered at the existing Porto Romano maritime terminals, the operation of which will be independent of the new port.

DPA has prepared a forecast for the traffic of the ports of Durrës and Porto Romano. The Consultant will review and update the forecast, as well as make its forecasts for the state of traffic until 2053. Taking into account the regional trade, the forecast will address all maritime cargo traffic administered in the Durrës region, including the Porto Romano logistics area, as well as including transit traffic to/from inland countries, as well as the transfer of goods to another ship, if any.

The forecast will reflect year-on-year estimates for all types of goods, including volumes to be administered in Porto Romano. The forecasts for Porto Romano will include the types, sizes, drawings, and number of stops of ships in each trade, as well as the dimensions of the goods transported inland by road and rail.

In addition to the baseline case, comprehensive forecasts will be prepared, which will be used as key data for the design of the new port, including the capacity of the Phase 1 works. The capacity of the “Final Development”, which should be adapted to the potential long-term growth, should be determined after consultation with the DPA.

3.3 Conceptual port layout

The conceptual layout for the ports of Durrës and Porto Romano was prepared by Antwerp International Port [AIP]. The Consultant will review the report and provide feedback on the overall approach and conclusions.

3.4 Port Master Plan and technical specifications

The master plan and technical specifications for the Port of Porto Romano were prepared by DPA. Although a number of alternative port layouts were considered during the preparation of the master plan, the chosen layout was based on the conceptual plan of the port, but with changes. The master plan is a separate document and the technical specifications are reflected in Annex 12 of the Terms of Reference.

For the master plan refer to the attached materials.

The consultant will review the master plan, alternative port layouts and technical specifications, as well as provide comments on the general approach, report conclusions and technical specifications. In cases where the Consultant wishes to propose another layout for the port, including one of the alternatives considered before, he shall provide in his report the details and reasons, which will be analyzed by the DPA.

The review will include road and rail access points, as well as safety permits for existing petrochemical installations.

3.5 Other documentation

Additional documentation that must be submitted in relation to the project are as follows:

General:

• Batimetric study for the proposed port area. Albanian Coast Guard, 2020.

• Report on the geological and geotechnical conditions of the “Multi Buoy Mooring” Project Area located in Porto Romano. Altea & Geostudio 2000, May 2017.

• Port report on Geological and geotechnical conditions of the MBM Port type in Porto Romano. Altea & Geostudio 2000, July 2020.

• Drafting/updating the Master Plan for the Port of Durrës. Royal Haskoning for the European Commission, 10 July 2008.

• Various information regarding the traffic and operations of the Port of Durrës made available by DPA .

• Various wind recordings for the Port of Durrës. [in Albanian]

• Various information regarding geology and transport networks for the Durrës region. [in Albanian]

• Master Plan and Energy and Industrial Zones in Porto Romano. Ministry of Economy, Trade and Energy, 2008. [in Albanian]

• Other data materials. [in Albanian]

The Internet:

• Satellite imagery taken by Google Earth from 2002 onwards.

• Master Plan for the Bay of Porto Romano, Albania. Topic for Master studies developed by MK Kersten, TU Delft, June. 2010.

• Albanian coast: morphology, evolution and coastal management issues. Simeoni Pano, Ciavola. Bulletin de l’Institut oceanographique, Monaco, no special 18, 1997.

• The Third National Communication of the Republic of Albania according to Ko United Nations Framework Convention on Climate Change. Bruci, Islami, Kamberi. Ministry of Environment, June 2016.

• EIA for the Integrated Management and Cleanup Project of the Coastal Zone of Albania. ERM together with SËS for the World Bank, January 2008.

• Report on the Implementation, Completion and Results of a loan granted to the Republic of Albania for the Integrated Coastal Zone Management and Cleanup Project (P086807). World Bank, April 27, 2016.

3.6 Updating the Master Plan

The Master Plan will be updated by the Consultant based on reviews of existing documents and data. A single report will then be given to the DPA. The updated Master Plan will be the basis of the drawings.

4 ECONOMIC AND FINANCIAL ANALYSIS

a. Cost and benefit analysis

The consultant will conduct a detailed analysis of social costs and benefits. The social impact analysis aims to address the social benefits of the project and its economic viability. The analysis will consider the “with” and “without” project scenarios. For the purposes of cost-benefit analysis, the latter will include development costs, investment costs, operating costs, annual maintenance costs, replacement/ongoing maintenance costs, costs incurred due to environmental and social impacts, as well as any other costs that the Consultant deems relevant to the analysis.

In terms of benefits, the Consultant will determine the value of the benefits to the community near which the port located, as well as the nationwide benefits. Given that the purpose of this project is to create the opportunity for the old port of Durrës to be further developed, the benefits of urban development and tourism of the Port of Durrës, as well as the development that Porto Romano, should be taken into account when conducting the analysis of costs and benefits.

The calculation of costs and benefits, as well as the main economic indicators will be done for a period of 30 years. The main indicators that will be calculated are as follows:

• IERR (internal economic rate of return)

• NPV (net present value)

• BCR (benefit-cost ratio).

b. financial analysis

The consultant will prepare a model for the financial evaluation of the updated master plan. The created model will reflect two dimensions: the first relates to financial flows from the point of view of the port authority, while the second will reflect the financial income from the potential multi-service terminal operator (the bulk cargo terminal operator will be relocated from the Port of Durrës). The purpose of the first dimension is for the port authority to be able to assess what financial impact the proposed investment program will have on its finances. The second dimension represents the prospect that the potential private operator has to determine the value of the business involved in a potential private sector investment transaction.

The financial analysis shall include the forecast for a period of 30 years, while the goal should address only the port of Porto Romano, excluding all costs and financial income from the redevelopment of the Port of Durrës.

From the point of view of the port authority and the potential investor, the model should generate the following:

• Pro Forma financial statements, which will reflect the calculation of the internal financial rate of return (IFRR).

• Net financial flows to the government, forecasting the future revenues and expenditures that the port authority will have for drafting the master plan. They will also include payments for the use of assets by operators and tenants.

• Value forecasts, which will provide data on the economic value of the operation, will be formulated from the financial statements, using the present values ​​of cash flows or multiples of EBITDA (earnings before interest on credit, taxes, depreciation, and ammortisation) based on industry standards.

The analysis should reflect the calculation of the critical profitability point and standard financial indicators (including net present value of Project and Capital, ROI/Return on Investment, ROE/Return on Equity, ICR/Interest Coverage Ratio, and DSCR/Debt Service Coverage Ratio, as well as estimates for the sustainability of financial income taking into account potentially unfavorable traffic and future cost trends.

5 CONDUCTING SITE RESEARCH

The necessary data for the realization of projects and EIA shall be drawn from the research carried out on site. Also, this research should be carried out at the beginning of the project and they shall be contracted by the Consultant, who will select one or more companies that have the appropriate experience and qualifications.

With regard to conducting site research for the project, the Consultant will undertake the following tasks:

• Determine the research to be performed on site to make up for the lack of information found during the data review: see the list below.

• Prepare a list of proposed research to be carried out on site, including layout, project purpose, duration and cost.

• As part of the Consultant’s expression of interest and submission of bids, he shall prepare a list of contractors who will conduct research on site, who have been proposed by the Consultant, and shall prepare interim contracts/Memorandum of Understanding, so that the contracts may be concluded as soon as possible, after the approval of the consultancy contract.

• Prepare project details, drawings and tender documents for site research, including testing and reporting requirements.

• Deal with resolving issues that may arise during the research period.

• Take over, review and analyze the results made available by contractors conducting site research during the period of field research and laboratory testing.

• Advise the DPA, as soon as possible, on outcomes that may have a significant impact on the project.

• Propose changes to the DPA during site research, and if required, determine the approximate impact they may have on the duration and cost of the project, as well as issue change orders as appropriate. The Consultant will cover the changes themselves, the value of which is less than 5,000 Euros, while DPA will reimburse the Consultant for changes that exceed the amount of 5,000 Euros.

• Review and comment on final draft reports submitted by contractors conducting site research, as well as take over final reports.

• Will make payments according to invoices submitted by contractors who have conducted research on site.

• Prepare reports for DPA for each of the on-site exploration contracts, making a brief summary of the purpose and results. The Consultant will also provide his interpretation of the results for the purposes of the project and the EIA.

Possible types of research that may be required to be performed on site are given below. When preparing the research plan at the proposed project site, the Consultant will propose changing the list, giving the following reasons:

• Batimetric and geophysical/seismic study of all marine areas that have been considered for the construction of the new port, including sedimentation sites and sites to be filled for reclamation, in order to measure the depth and assess the nature of the layers below sea level.

• Batimetric and topographic study of nearby sea areas which may be affected by the new port (e.g. sedimentation or erosion).

• Study with the device “Side-scan” of all marine port areas to determine the latest features of the sea, rock discoveries, archeological sites and other objects, etc.

• If required, magnetometer study (using the same studies performed above), in order to detect metal objects/unexploded ordnance.

• Deep wells along the line of main structures (including breakwaters, pier walls, silo towers) and shallower wells for other construction areas (water bodies cleaning, reclamation of other port areas as well as along roads and railways within 100 meters from the port border), including sampling of soil and rocks, plus additional methods such as vibro-cores, cone penetration tests, sampling from the bottom of the sea, excavation of soil for sampling, method of sampling through tests to determine the hardness of uncultivated soil in cohesive soils, etc. (depending on the soils encountered during the process).

• Hydraulic data including measurement of directional wave recordings, current, tide, wind and temperature for as long a period as possible.

• Topographic study of all coastal areas within the proposed boundary for the port and surrounding areas up to 100 meters from the border, including drainage sluice, offshore and flood protection structures, utilities, property boundaries and land elevations of infrastructure/existing properties to be preserved.

• Other measurements required for CIA (e.g. taking sea water and land waters samples, turpidity, pollution, marine life, land ecology).

• Research for quarries for rock materials to be used for filling and reclamation, including sampling.

• Checking the quality and capacity of existing quarries for the supply of materials that will be needed for concrete and paving.

• Laboratory analysis of samples taken during research.

• Report on all of the above which will include layout drawings, profile drawings, photographs, registers, analysis results, as well as a description of the purpose of the work, dates, methods used, results obtained, conclusions and recommendations.

Geotechnical research will also be carried out in areas outside Phase 1, but which may require a Final Development, as well as drilling and sampling in waterfront clearing areas to extend up to at least 1 meter below the final depths.

For the purposes of the marine study, the Consultant shall act in cooperation, and consult with the Albanian Coast Guard to obtain the necessary approvals, as well as cooperate to conduct batimetric studies and other studies.

The Consultant shall also assess the extent of the impact that the project will have on sediment movement and water quality. He will report to the DPA on this aspect together with the relevant recommendations for all on-site research, modeling and study for project purposes and EIA. All of these will be included in the research plan at the proposed site.

In addition, the Consultant will provide the most up-to-date and reliable meteorological data for the project and the EIA, including rainfall, humidity, visibility and air temperature. The measurement of the data shall have been done for a long period of time. The data will be processed by the Consultant in a form that is valuable to the project and the EIA.

6 Study

6.1 General

After reviewing the existing documentation and in accordance with the updated master plan, the Consultant will prepare an updated plan for the new port, including findings and making adjustments after receiving the results of the research carried out on site. The plan shall include, without limitation, all the works and plants required for the port. Separate plans will be prepared for Phase 1 and subsequent phases until Final Development.

The study shall include:

• Functional requirements:

• Multipurpose Terminal (MPT).

• Dry Bulk Terminal (DBT).

• Port administration and related functions.

• Operational requirements in general:

• Navigation - access channel, turning area, basin, mooring places.

• Volumes of goods, handling, storage and delivery/take over.

• Internal connections - roads, railways.

• Terminal operators, tug/pilot contractors, port users.

• Port administration and other government agencies, local authorities.

From the data collected from the research carried out on site which will be processed and analyzed, physical properties of the materials will be obtained, which will determine the following:

• The nature of the materials to be cleaned.

• Stability of slopes with water bodies extracted from the clearing.

• Sediment load in water.

• The nature of the materials under the breakwaters, the embankments and areas to be reclaimed and the existing land areas within the port boundary.

• Condition of foundations for pier walls, other structures and works.

• Quality of filling materials and filling stones to be used for breakwaters, breakwater dams, as well as for reclamation of the port area.

6.2 Duties

In order to cover the developments for Phase 1 and Final Development, the Consultant shall perform, without limitation, the following tasks:

• Consult with port stakeholders requests, including those listed above.

• Verify safety distances from existing oil / gas mooring areas, as well as storage tanks.

• Depending on the layout result to be approved according to the instructions given by DPA, he shall update the current port layout or prepare a layout for an alternative port.

• Confirm that the proposed maritime services will be able to safely and efficiently cope with the anticipated number of vessels in peak periods.

• Conduct independent assessments to verify or propose adaptation to existing assumptions, arrangements for handling and storage, downtime, capacities, layouts, specifications and equipment numbers, and modify coastal service drawings as appropriate. To assess capacity in the future, he shall take into account persuasive changes such as increasing parcel sizes, technological developments and improvements of operational performance.

• Take into account metro-ocean data, sea level rise forecasts and reported decreases in existing elevated sites of breakwater ridges, pier wall dividers, reclamation edges and paved areas, and the port boundary.

• Define design criteria for all works, including design life, cargo (including cargo carried by equipment that can be installed at a later stage in Phase 1), design standards/ codes of practice. He shall include all cargo clusters including earthquakes.

• Consider the size of the forecasted vessels, the groups and type of materials to be cleaned, consider whether the water body cleaning works should be carried out in stages, and recommend the dimensions and depths required at the Start, Phase 1 and the final phases.

• Consider forecasting the concentration of volumes of goods for a period up to 2050, consider whether works in the storage area should be carried out in phases, and recommend the dimensions required for Start, Phase 1 and Final phases.

• Compare options for construction forms to be used for main structures and road pavements, and recommend the form to be adopted in relation to foundation drawings, consider the risks of percussion accumulation operations to ensure the integrity of existing petrochemical installations.

• Prepare drawing plans for all works to be carried out in the port, which should be further verified/modified based on the results obtained from site research and modeling, if valid in time. The plans will be based on the modifications proposed by the Consultant for the technical specifications reflected in Annex 12, as agreed with the DPA, and shall include drawings showing the general adjustments, levels and typical intersections.

• Identify covered warehouses, silo towers and other assets, which will be provided by the operators who shall be responsible for the detailed design.

• Prepare layout drawings for all marine and coastal works, showing all cleaned water bodies, breakwaters, reclamation, breakwater dams, pier walls, storage areas, buildings, access areas, access roads and railways.

• Use layout drawings, show containers and other piles of goods, platforms for reefer ships, lighting masts and traffic flow.

• Present designs and plans for a ship repair yard outside Phase 1 works.

• Include detailed designs for Fleet/Coast Guard mooring area in Phase 1.

• Prepare integrated projects and plans outlining all major drainage sluices, utility services and foundations.

• Determine the number of staff to be based on and visit each terminal and port service, as well as prepare plans for medium and large visits.

• Determine area requirements for each building, for utility plant main halls and storage tanks.

• Determine the number of trucks and rail movements to and from each terminal, as well as other port services in general and in the busiest periods.

• Calculate the number of traffic lanes required at the gates and roads leading to the main line, the number of parking spaces for vehicles/two-wheeled vehicles, as well as the number of railways and spare rails required for each terminal.

• Determine the total demand for electricity and water for the port as a whole and for each terminal, based on Albanian consumption norms for use by staff.

• Complete the drawings with other details, as required, in order to take into account the results of the tasks defined above.

• Prepare a summary with the findings to determine an option for building materials and sediment removal.

• Propose mitigation measures, if required, to minimize or avoid adverse impacts such as increased sediment and erosion on the nearby shore or wave reflections which have an impact on the operations of existing marine terminals.

• Make an estimate of the budget costs for the works and equipment that will be required on an annual basis for Phase 1, including replacements and key maintenance items.

• Prepare a program outlining all key activities by the end of Phase 1, including drawings, tenders, contract award and construction, and the duration of other developments.

Also, the Consultant shall prepare studies for roads and railways outside the port border, which will be as follows:

• General review of routes and junctions presented in existing documents.

• Guidance notes on general aspects of the design related to roads and railways between the port and existing networks in the vicinity of Durrës, including geometry, right of way, authorizations, etc.

• Evaluate the capacity requirements for Phase 1, as well as the number of lanes and rails in order to meet these requirements.

• Prepare road and rail studies up to 100 meters from the port boundary, including port entrances, intersections, sidewalks, curbs, railway works, barriers, signage, lighting, drainage sluices, service corridors/junctions and works connected to ground drainage sluices.

6.3 Numerical modeling

The consultant, using existing data and measurements obtained from site research, shall perform the following:

• Determine the wave climate for the construction site area, which shall be used in subsequent hydraulic modeling.

• Model waveforms for the proposed port layout under a range of conditions, in order to test and optimize the layout including offshore basins.

• Depending on the Consultant’s findings on the impact that the project will have on sediment displacement and water quality: modeling for sediment transport to study the effects that the works will have on streams and nearby coast will make an assessment of sedimentation in the future and will regulate sediment piles in the areas of the latter. This will include discharges from artificial drainage channels / pumping stations located in the MBM port.

• Computer simulation within a very fast time (in consultation with pilots) to verify the navigability of the proposed channel, curved area and basin in Phase 1 and Final Development, using the respective ships and tugs. Proposed layout and vertical layouts including side slopes should also be presented in the ship simulation model. If required, dimensions and depth should be reviewed.

For all numerical models that the Consultant proposes to subcontract, details should be provided at all stages of the expression of interest/offer.

Modeling is expected to start during the layout phase and can be extended to the detailed design phase.

6.4 Reports

The Consultant shall prepare a draft report for the general study of the basic elements, in which all the aspects defined above should be addressed. This report must be submitted to the DPA. After receiving the relevant comments from DPA, the adjustment and completion of the report will continue, which will be submitted again.

The Consultant must also submit to DPA reports on completion of hydraulic modeling and rapid simulation.

3. ENVIRONMENTAL IMPACT ASSESSMENT.

Compliance with regulatory acts

The content of the EIA must be in accordance with: 

• All statutory regulations in force for environmental approvals in the Republic of Albania. 

• Procedures in force for the Environmental Assessment of International Financial Institutions, such as the ‘Equatorial Principles’’. 

• European Union Environmental Assessment Directives. 

In the vicinity of the port is a large plot of land, which will be used for the port area and for possible future developments of the area. The land acquisition process and the social impact assessment associated with this process have been undertaken by the DPA. The consultant should engage with DPAs through the interface between these studies.

EIA requirements

The EIA requirements are as following: 

|EIA Section |Content search |

|Executive Summary |An accurate summary of the proposed project, its logical basis, existing environment, significant environmental |

| |impacts, recommended mitigation and improvement measures, monitoring proposals. |

|Project |The introductory part in which are treated the following: |

|description |EIA Purpose |

| |Project Summary |

| |The project duration plan including time limit for the public consultations, project evaluation and implementation.|

|Regulatory |Summary of policies, regulations and guidelines that are in force and should be implemented for the project, public|

|environment |notification for the preparation of the EIA. |

| |Summary of regional and global conventions / agreements that are in force and applicable to the project and public |

| |notification for the preparation of the EIA. |

| |Summary of environmental requirements and the approval for the Project financing. In the context of EIA |

| |preparation, the following should be addressed in this section: |

| |Procedures in force of International Financial Institutions for Environmental Assessment to support funding |

| |applications. |

| |The International and Republic of Albania Regulatory Framework, standards, guidelines and agreements in force. |

| |Approach to comparative studies with best practices. |

|Project |Accurate description of the proposed project within its geographical, environmental and socio-economic context. |

|description |This description will include information on the fact that the project is part of a wider development program which|

| |aims to redevelop the Port of Durres as a maritime center for passengers and tourism. |

|Description of the|Description of the physical, natural, environmental and socio-economic conditions in both marine and terrestrial |

|existing |areas that will be affected by this Project. In this section should be introduced an estimate of at least: |

|environment | |

| |Physical Environment |

| |Climate |

| |Ground water |

| |Surface |

| |The bottom of the sea |

| |Tides, waves, currents |

| |sediments |

| |Water resources and quality |

| |Geomorphology and geology |

| |Air quality |

| | |

| |Biological Environment |

| |Biological and ecological resources |

| |Marine and terrestrial flora and fauna |

| |Variety of protected species |

| |Critical Habitats |

| |Ecosystems |

| | |

| |Landscape |

| |Landscape and visual impacts |

| |Socio-economic overview |

| |Noise |

| |Community |

| |Fisherman |

| |Existing infrastructure |

| |Vulnerable groups |

| |Culture |

| |Public health |

| |Health and safety at work |

| | |

| |Conservation and Protected Areas. |

| |Heritage / archeology |

| |Land use and land use organization models |

| |Marine protected areas |

|Potential Impacts |Identification of the potential environmental and social impacts that may be associated with the Project, including|

|of the Project |aggregated and indirect impacts. In this section should be considered: |

| |Impacts at the local level |

| |Impacts at the national level |

| |Regional / global impacts |

|Alternatives |A systematic comparison of feasible project alternatives in terms of project location, the technology or the |

|Analysis |project model related to the potential environmental impact. |

|Impacts and |This section should identify and describe the positive and negative impacts on the environment in terms of size, |

|problems |importance, reversibility, extent and duration. At least the following impacts should be identified: |

|characteristics |Positive Project Impacts |

| |Social impacts in the community |

| |Major environmental impacts starting from the construction up to commissioning and maintenance phases. |

| | |

| |It is recommended that quantitative data be used as much as possible. In this section, the possibilities for |

| |environmental improvements should be identified, as well as the identification of the key insecure connections and |

| |lack of information. |

|Facilitation and |This section should outline possible cost-effective measures to prevent or minimize environmental impacts to an |

|management of the |acceptable level as well as address other environmental issues including: |

|impacts and |The necessity to improve employees health and safety at work |

|problems |The Intergovernmental coordination |

| |The Community engagement |

| |The Requirements for capacity development according to the Contracting Authority or at the community level for the |

| |proper implementation of the Project. |

| | |

| |In this section should at least: |

| |Define the measures for the improvement of the environmental aspects within the area over which the impact of the |

| |Project will be felt. |

| |Determine the nature of the waste that will have environmental impacts or cause problems, and for which a solution |

| |has not yet been found. |

| |Define the financial provisions for the management of potential risks. For example, the escrow accounts and |

| |insurance coverage in order to arrange a transfer and the removal of the commissions, terrain improvements, oil |

| |spills, and other emergencies, etc.). |

|Monitoring and |This chapter should define how to monitor and manage environmental impacts and problems in practice. It should also|

|Supervision |specify how the project will be overseen by lenders and government agencies. It should also address the |

| |construction phase, the operations and maintenance phase, up to the commission removal phase. |

| | |

| |On the other hand, forecasts should be made for the major costs and for the operational and maintenance costs, |

| |where possible. |

|Management plan |Identify and define all measures required to address environmental and social impacts and problems, the monitoring |

| |and the activities related to the supervision process. It should also define the responsibilities of the |

| |institutions, the time limit and the costs associated with them. |

| | |

| |This section will include a summary of: |

| |Stakeholder management plan |

| |Public consultation plan |

| |The process for handling the complaints and disagreements related to the Project. |

|Appendixes |The names of the other persons responsible for the preparation of the EIA |

| |The references and sources of information |

| |The minutes of the meetings and consultations held with the public |

| |All technical data, plans / support reports. |

4. DETAILED STUDIES.

1. General

Detailed studies will be prepared for all Phase 1 works. Thanks to them, the process of expansion and improvement will be made easier in order to meet the requirements of the Final Development.

Studies will be prepared using appropriate modern computer methods including building information modeling bases (BIM].

The following tasks will be included in the detailed study of the project:

• Completion of the specified numerical modeling according to the study phase.

• Determination of physical wave modeling.

• Preparation of the detailed plan for all works based on studies prepared by the Consultant and approved by DPA.

• Preparation of a study report, including all study activities, assumptions, basics and results, along with a program of works cost evaluation.

• Assists DPA in preparing a plan for the organizations from which permits, approvals and prior approvals are required to proceed and carry out the works.

2. The study

The study will include all elements of the works defined in the technical specifications and other documents, and it will also include, without limitation, the following aspects:

• The objectives and the location of the project will be determined.

• The functions and operations of the terminals and the port as a whole will be defined.

• The Construction layout and depths of the areas to be cleared of water bodies will be confirmed, as well as the side slopes will be designed.

• The layout and characteristics of the aids to go to sea and land navigation installations will be designed. Advice will be provided on the need for either a Maritime Traffic Monitoring or Information System (MTMIS), taking into account future maritime traffic levels.

• Requirements for sediment removal will be determined, including locations, plan limitations and permitted thickness of materials.

• Appropriate sources for fillers and stone fillers, transport methods and discharges during construction, characteristics of fillers when on site, as well as reinforcement measures required for materials to securely support loads without exceeding the limits of agreement during the project duration will be determined.

• The Construction Layout and vertical layouts required for the breakwaters and breakwaters dams will be determined, including the reinforcement measures required for the seabed, in order to maintain the structures in all conditions. it should also include a detailed vertical layout which will include all embankments, substrates, protection against water corrosion, filters and core materials, as well as construction order and methods.

• Project loads will be determined for all structures and sidewalks.

• Detailed requirements for pier walls will be determined, including protection against water corrosion (if required), all installations such as anchor columns, fender piers and ladders, crane track arrangements and other crane services, all services, installations and surface water drainage.

• Planning and load requirements will be determined for all paved road areas including cargo storage areas.

• The final elevation levels of all areas in the port along with the drainage system will be determined.

• Functional and spatial requirements for all buildings will be determined by the end of the operation period.

• The layout and demand for all utility services will be determined as well as detailed network diagrams will be created for each of them. The general port demand for electricity, water and sewerage system at the junctions with future public networks will also be determined.

• A detailed study of all required works to be carried out will be carried out, in order for the terminals and the port to be put into operation, with the exception of covered depots and silo towers, which will be provided by the operators, as well as the buildings for the government authorities who will secure their own facilities.

• The study and plan for all required works to be carried out for roads and railways within a distance of 100 meters from the port border will be completed.

• A construction order will be devised for all the main sections of the works, and the connections between them will be shown.

• A plan for acceptance tests will be implemented, which must be specified in the works contracts for each element of the works.

• A list of maintenance manuals will be compiled, which will be specified in the works contract for each element of the plant and equipment..

• It will be recommended which assets will be maintained by the terminal operators and which by DPA.

• The main volumes of the construction materials, the maximum daily volumes and the possible way of their transportation will be determined.

• Existing and future volumes of sedimentation in areas cleared of water bodies will be assessed.

• A summary of the status of applications will be made and permits will be issued for the construction and implementation of works.

• All other tasks that may be required in order for the project to be implemented in accordance with applicable regulations.

All studies will be carried out to meet the specific requirements of the terminal operators, with whom the Consultant will work closely throughout the duration of the project.

3. Physical modeling

The Consultant will ensure that physical wave modeling is performed in a recognized hydraulic laboratory, as follows:

• 3D wave modeling of the port plan basin, for Phase 1 Construction layout and the Final Development, to test the calmness, reflectivity, transmission, surface water output, mooring forces and ship movements at berths for goods and locations of marine mooring units.

• 2D testing of vertical display of receptors to test stability, reflection and transmission.

The Consultant will provide details about their arrangements for the proposed physical modeling in the EIA / Bid phases.

The Construction layout and studies for the breakwaters will be modified in case the results are unsatisfactory, or if it is seen that costs can be reduced without compromising integrity or efficiency.

4. Drawings

The consultant will make detailed drawings for all aspects of the project, which will include without limitation the following information:

• The plan for the location of the project, based on the current map with existing features.

• Existing construction layout of the offshore and onshore areas where the works will be carried out, including the surrounding offshore terminals, the coast, and all installations and features located on the shore, identification of all facilities to be removed or modified, areas that are available to be used for a temporary period by the contractor.

• Existing plan of the marine areas where the works will be carried out, in which the latest bathymetry and the land areas with the latest topography, the locations of all open wells and other sites for field research will be clearly determined.

• The construction layout of works to be carried out for the cleaning of water bodies, including side slopes and floating aids, vertical layouts of the cleaning works at the respective locations. Diagrams showing the location and extent of areas for obtaining cleaned materials for reclamation, elimination of sediments extracted from cleaning.

• The construction layout and vertical layout of breakwaters, including round-headed structures, indicating areas to be previously cleared of water bodies (if any).

• The layout and vertical layouts of the irrigation works, showing the areas to be previously cleared of water bodies (if any), breakwaters, and all other reinforcing works on the ground will be indicated as well as the temporary areas where the contractor will be conducting the works.

• The construction layout and vertical layouts of the ground drainage system and diverging channels.

• The plan, vertical layouts and elevation of the pier walls as well as the foundation structures of the crane tracks, details of fender piers, anchor columns, other pier fittings and all installations for the pier cranes.

• Layout of the entire port and terminal areas, showing all functional areas and traffic flows.

• Road signs and surface signs.

• construction layout which shows all paved areas and landscapes, together with the vertical layouts of each paved area.

• construction layout, vertical layout and details of railway routes including road barriers and intersections.

• Plan of the surface water drainage system and the last levels of paved roads, including details of canals, pipelines, wells, interceptors, etc.

• Plan of all utilities and details of pipelines, cable pipes, sewers, partitions, wells, etc., and connections to services installed by others.

• construction layout, locations and details of all utility installations, including gate controls, platforms for refrigerator vessels, masts and lighting poles, electrical substations, generators, storage tanks, pumping station, gas stations, etc.

• Architectural, structural details and services of all buildings, including industrial services and equipment in the workshop, kitchen equipment in canteens.

• Details of fences, gates, barriers, CCTV and other security installations.

• Layout of terminals in which are presented underground services, drainage pipes, pier wall rails, coupling shafts (as appropriate), other foundations and other installations located underground.

• Additional construction layout and details, as required, to present internal adjustments and modifications made between subsequent stages of development.

5. Bill of Quantities

An estimate will be made for the main works, which will be composed of items reflected in sufficient detail, in order to show that all activities are included and the quantities are accurately calculated. Separate sections will be used for facilities provided by operators and government authorities.

Quantities will be calculated on the basis of plans and drawings, and the specified items payment will include deducted amounts. These items will also reflect indirect costs incurred by the contractor, approvals and testing by third parties, consulting costs, and physical uncertainties.

The estimate will include a preface which will specify the basis on which this document was realized as well as the methods used to calculate the works during the duration of the contract.

6. Costs Projection

Costs projection for the main costs of Phase 1 will be prepared, for which will be used the same format as that of the estimates. It will also determine the basis on which the costs projections are made, including the assumptions used.

Monthly expenses will also be calculated during the duration of the works contract.

The costs will be valid until the date of preparation of the forecasts and will be verified using as a reference other similar projects and in consultation with the contractors.

Costs will be divided according to local or foreign currency, and in a separate section all taxes that are mandatory to be paid to Albania will be presented.

An estimate will also be made for the annual costs of infrastructure and cleaning maintenance, including the range of frequency of water body cleaning.

A special estimate will also be realized as the following buildings are associated with:

- Harbor Master

- Customs

- Health authorities

- Border control / security

- Emergency Services

- Fleet

- Coast Guard

7. Program

The consultant will draft a program, which will present all the main activities that will be performed during the duration of the works contract, including all links between activities and critical road items. Also, the assumptions used to design this program will be determined.

8. Coordination with DPA and others

At all stages of the project, the consultant will consult on all technical issues with the harbor master, border police, emergency services, road and rail authorities, utility service providers, existing marine terminal operators, concessionaires / operators selected for terminals, as well as any other organization associated with them. He will assist DPA in preparing applications to obtain the appropriate permits for the project.

9. Reports

The consultant will prepare a detailed draft report in which all the above aspects will be addressed. This report will be submitted to DPA. After receiving the relevant comments from DPA, the adjustment and completion of the report will continue, and will be resubmitted again.

The Consultant will also submit to the DPA a report on the completion of the physical modeling.

5. TENDER DOCUMENTS

The Consultant will prepare the complete set of tender documents for the contract for the performance of works for Phase 1, in an easy way that DPA can then forward it to the contractors.

After approval by DPA, the documents will be as follows:

• Guidelines for tenderers

• Appendixes with relevant specifications.

• Criteria for evaluation and qualification.

• Bid forms.

• Countries eligible to participate in the tender.

• Entrepreneur requirements.

• General terms of the contract.

• Specific terms of the contract.

• Contract forms.

The general terms of the contract will be the FIDIC Red Book and other internationally recognized documents.

In its requests, the Entrepreneur will specify the specifications, Drawings and additional information that give a description of the works to be performed. They will be based on previously approved specifications and drawings.

The provisions for the Tenderers should be defined in the documents, so that the tenderer can submit alternative plans for the elements of the works, under the condition that the tenderer should submit bids for both the specified and the alternative projects.

The consultant will prepare a set of tender documents, which will be submitted to DPA. After receiving the relevant comments from DPA and it will be followed by the completion of the final documents which will have to be submitted again.

6. THE DEADLINE AND SUBMISSION OF DOCUMENTS.

Submission and approval of reports

The project with all the required reports will be submitted in printed form in 5 (five) copies in Albanian and 5 (five) copies in English, signed in the original and in the required formats.

The project for the approval of the construction permit will be submitted in the required format for the application for construction permit in the e-permit system and must be signed with the electronic stamp of each engineer of the design firm.

All project material (on CD) in PDF final versions and in original working format, compatible with AutoCAD, Word, Exel programs according to point 4 below "Reports" and sub-point 4.1 "Reporting requirements" with a total deadline maximum of 8 months.

7. DPA RESPONSIBILITIES

During the duration of the project, DPA will be responsible for various activities, including:

• Will facilitate access to the construction site of contractors and the Consultant, who will also conduct field research.

• It will make available the relevant data at its disposal.

• It will enable the Consultant to have access to the relevant organizations.

• Will coordinate with ministries, regional and municipal authorities.

• Will make the necessary applications to obtain permits and obtain relevant approvals for the performance of works.

• Will deal with legal and financial issues.

• Will review, comment and approve in a timely manner all documents submitted by the Consultant.

DPA will provide its comments on all draft reports, one week after their submission.

Appendix - Geology, Reporting, Licenses and Staff

Geological and geotechnical study

General

In order to determine the geological parameters and geotechnical parameters as well as the land profiles for the irrigation area, it is necessary to prepare a geological and geotechnical study for the land investigation.

This study, including the necessary drilling, will serve to identify the characteristics of the soil layers, test the soil hardness in the field and take samples to test in the laboratory. This data will be used by the consultant to determine the values and characteristic parameters of the land, for the static calculations and the stability of the structures.

For the investigation of the current site, drilling works and relevant tests necessary to obtain the appropriate results for the design work will have to be carried out.

Services related to earth mechanics, earthquakes and geotechnics generally include:

• Assessment of the seabed and consulting for works related to the irrigation, deepening and construction of the scaffolding, for the calculation of the loads of the port structures that are planned to be built, where such services cannot be performed using standard tables or similar data e.g. by construction rules.

• Obtaining quotations and supervision of preparatory works in the country for conducting laboratory tests and field tests.

• Advice on securing structures close to them

• Product solution, penetration solution and static field calculations where such services are not covered by other basic services.

• Studies should include static and dynamic qualities of soils and rocks that are present in the proposed study site which- serve as the basis for the calculation of the foundations.

• Advice on the measures to be taken for strengthening the foundations with rock materials.

• Accepted excavations and support points.

• general estimates of load-bearing capacity of the site structure and the options for foundations, that are not related to a specific construction or engineering works;

• Ensuring Quality---

Works purpose for the geological and geotechnical study

Based on the requirements specified above, the scope of work for the site investigations should consist of the assessment of the bottom waterbed and the consultancy of the foundation works as mentioned below:

1. Review of existing documents and agree on the scope of project service.

2. Field tests.

• Complete mobilization and demobilization of equipment for conducting full sampling drilling, SPT and CPT tests as well as for possible geophysical soil investigations.

• Preparation for drilling and CPTs.

• Drilling, below the seabed, up to -15 m below the bottom, including SPTs in the drilling well, protection of the well pillar with fencing pipes and after the completion of the drilling filling the hole with cement.

• CPT test involving cone penetration up to 15 m below the seabed depth by showing cone resistance at the top, lateral friction, and pore pressure - measured from ground level and down.

• Photographic documentation of drilling cores placed in 4m or 5m crates.

3. Laboratory tests as in the point below “Soil investigation and laboratory tests”.

4. Evaluation of the physical parameters of the soil such as granulometric composition, volumetric weight, specific weight, plasticity limits.

• Evaluation of mechanical parameters such as: internal friction angle, cohesion, deformation modulus measured with straight cut tests, triple-axial test, oedometric test.

• Evaluation of the bottom waterbed based on field and laboratory analyzes.

• Calculation of key parameters of the land structure such as bearing capacity and deformation (land reductions over time)

5. Submission of recommendations for the natural condition of the land and measures for its improvement.

• Recommendations for different types of foundations based on the quality of the soil evaluated by field and laboratory tests and the weight exercised by the facilities.

• Appropriate recommendations for more detailed studies in places where there are important facilities such as new piers to be built or buildings of heavy weights.

• Instructions on how to dig of the foundation and on how to its structure and it dry, as well as how to control the impact of the project on the adjacent structures.

Documents to be submitted

Daily reports including drilling logs and a daily on-site report.

All work must be certified as accurate and complete in accordance with standards and technical specifications. This includes drilling logs (fisheries standard, test conduction standards, sampling standard, storing and delivery of the samples to the laboratory), laboratory tests (certificates for each test the test conduction standard should be clearly specified), seismic measurement report, type of apparatus, measurements standard and their interpretation, geological drawings, as well as geotechnical calculations.

Environmental study

The aim of the study

The project will provide for the implementation of the necessary environmental studies according to the legislation in force and obtain the relevant environmental permits.

Based on the requirements of the Albanian legislation in force:

• Law No.10 081, Dated 23.2.2009 “On licenses, authorizations and permits in the Republic of Albania ”; (Amended by Law no. 6/2015, dated 12.2.2015,)

• Law No. 10 431, Date 9.6.2011 “On environmental protection”

• Law No. 10 448, Date 14.7.2011 ”On environmental permits”;

• Law No. 10 440, Date 7.7. 2011 “On environmental impact assessment”;

• Law No. 8905, Dated 06.06. 2002 “On the protection of the marine environment from pollution and damage”

• Law No. 8672, dated 26.10.2000, “On the ratification of the Aarhus Convention on the right of the public to have information, to participate in decision-making and to address the court on environmental issues.

In the design phase of the project, these environmental aspects should be taken into account:

The project should be designed taking into account a general, integrated and timely assessment of the environmental impacts, preventing and mitigating negative impacts on the environment;

In the design of the project should be identified, specified and evaluated the direct and indirect impacts of the project on the environment where it will be implemented.

Compare the advantages and disadvantages of a project proposed in other possible different Options which contain the necessary changes:

- On the site where the project will be implemented;

- In its dimensions and capacities;

- In technology;

- In the comparisons with the state of the environment, in case the project shall not be implemented;

- In determining the measures to prevent and mitigate environmental damage.

Consider the emission rates of expected pollutants in air, water, and soil.

Provide for mandatory measures based on the best possible construction and commissioning techniques of the project.

Provide mandatory measures for the protection of the air, water, soil, and biodiversity as well as prevent the transfer of pollution from one component of the environment to another.

Provide requirements for monitoring discharges, determining the methodology of their measurements, their frequency, evaluation procedure, and the publication of the results.

Provide conditions for limiting transboundary pollution above permitted norms.

Predict the degree of risk for accidents with a significant impact on health and the environment.

In order to determine the requirements, responsibilities, rules and procedures for the assessment of significant negative impacts on the environment of the Republic of Albania, of the proposed projects, private or public, the Albanian Parliament has approved Law no. 10 440, Dated 07.07. 2011 "On environmental impact assessment". This Law is fully aligned with Council Directive 85/337 / EEC, On the assessment of the effects of public and private projects on the environment ”, as amended, number CELEX: 31985L0337, Official Journal of the European Union, series L, no. 175, dated 5.7.1985, pages 40-48.

Before starting the implementation of the project, it must be applied for the procedures of obtaining the Environmental Permit.

Before obtaining an Environmental Permit, it is necessary to draft an Environmental Impact Assessment Report EIA, by an expert or company licensed for this purpose, which will identify the environmental and social impacts that will be generated by the development of the project and the measures to be taken for the mitigation of these impacts. These measures will be considered in the points of the Environmental Permit and will be mandatory conditions for implementation.

The Report and the general requirements for the environmental impact assessment

1. The Environmental impact assessment includes the definition, description, and assessment of the expected direct and indirect environmental impacts of project implementation or non-implementation.

2. The environmental impacts of the project are assessed in relation to the state of the environment in the affected territory at the time of submission of the relevant environmental impact assessment report of the project.

3. The environmental impact assessment includes its preparation, implementation, operation, and closure, as the case may be, the consequences of the closure of the activity, and decontamination/cleaning or restoration of the area to its previous state, if such an obligation is provided by law. The assessment includes, as appropriate, both the normal operation and the possibility of accidents.

4. The project evaluation also includes the proposal for the necessary measures to be taken to prevent, reduce, mitigate, minimize such impacts or increase the positive impacts on the environment, during the project implementation, including the evaluation of the expected effects of the proposed measures.

The project in question is included in Annex I of Law no. 10 440, Dated 07.07. 2011: “On the environmental impact assessment”.

Project criteria report

The consultant should draft the initial project report which should contain (inter alia and without limitation):

- Project description and scope of services;

- Terrain conditions (meteorological, sea conditions, land conditions);

- Results of the topographic study;

- Results of batimetric study,

- Results of the geological / geotechnical study;

- Results of the Environmental Study;

- Seismic data;

- Wave modeling with Delft 3D numeric software, SWAN or others.

- Design criteria for the irrigation works and other supporting structures, including standards, references, project life, actions and loads from port structures to be built in the future, seismic loads, ground parameters, project materials, materials security factors, loads and geotechnical design.

- Design criteria for breakwater works including standards, references, project life, operations and loads from port structures to be constructed in the future, seismic loads, ground parameters, and project materials, safety factors for materials, loads and geotechnical design.

- Relevant scale drawings.

Technical report

The consultant must draft the technical report of the project which must contain (among others and without limitation):

- Relevant calculations for the whole project, as well as wave modeling with Delft 3D, SWAN or other numerical software.

- Methodology of works implementation which should include possible scenarios of implementation of works in parallel phases and/or one after the other.

- Implementation project, drawings, specifications, costs estimates for the irrigation works.

- BoQ and the measurement method for each component of the project.

- Costs estimates of works will be presented separately for each component of the project and a joint one.

- Tender documentation.

Technical Specifications for all items of works, including detailed descriptions, drawings of details or illustrations of the costs estimates, divided into groups, the items of which correspond to the technical specifications.

CHAPTER II – CONTRACT MENAGEMENT

1. The responsible Body for the Contracting Authority.

The body responsible for the managing of the contract and taking over the project are:

Durres Port Authority Technical Directorate, Development and Infrastructure Sector

Durres Port Authority; Directorate of Environment as well as the Sector of Standards and Environmental Monitoring.

1.1. The facilities provided by the Contracting Authority and / or other parties.

All economic operators interested in participating in this procurement are open to observe the terrain, object of the realization of the design task.

The Durres Port Authority will provide to the contractor all the necessary information, during the contract implementation period, such as,

existing construction layout of the area,

existing infrastructure network,

Any other information that will be required by the designer as necessary for the realization of the project.

The designer must be in contact with DPA specialists throughout the project design period, for the optimal implementation of the project.

Logistics and time

Commencement date and implementation period

The commencement date of the design work is the date of the contract signing. The deadline for completion and submission of the project is 8 months.

Requirements

List of design staff and preliminary statements

The design entity must complete and submit during the procurement procedure:

Appendix 1 “Company statement and design group list”

Appendix 2 “Statements of Design Engineers”

- for availability to perform the services they have undertaken to perform,

- for the conflict between consultants. The consultant and their staff must declare their availability for the consultant and not engage in other bidding consultants in the same procedure.

- for the conflict between consulting duties. The consultant and their staff must declare that they are not or will not be employed to perform a task which by its very nature may be in conflict with another task of the consultants.

- for the relationship with the staff of the contracting authority. The consultant and their staff must declare that they have no business or family relationship with a staff member of the contracting authority, directly or indirectly involved in any part of the preparation of the terms of the contract and/or in the selection process for this contract, and/or for the supervision/monitoring of this contract.

Reports

Reasons for reporting

|Name of the Indicator |Table of Contents |Submission time |

|Initial project report | |Week Six |

|Topographic study report | |Week Eight |

|Batimetric study report | |Week Eight |

|Geological / geotechnical study report | |Week Ten |

|Environmental Impact Assessment Report | |Week Twelve |

|Project Criteria Report - Draft | |Week 16-20 |

|Implementation Project, Final Report - | |Week 24 |

|Draft | | |

|Project Criteria Report - Final | |Week 24 |

|Implementation Project, Final Report | |Week 32 |

|(***) | | |

|The project for the approval of |All necessary documentation and technical material for the | |

|development permits |application and approval of the construction permit. (****) | |

(*) The consultant has to create a draft with the technical specifications for each stage of work and the material to be used in the works. These specifications should be based on the Albanian standards in force, and on European standards indicating where they are based.

(**) Based on the calculations and drawings of the project, the consultant will compile a list of all works items that are part of the Final List of Volumes (Estimates). The estimate will be accompanied by the tables of volumes and the way of their calculation. Prices will be according to the technical analysis in force. The consultant will accompany the Items of works that are not foreseen in this approved unit price list with the analysis of the price calculation.

(***)The project must comply with the accepted national and international standards.

(****)The designer must be ready and available to complete the necessary documentation required by the institutions responsible for issuing the development permit.

Appendix 16

[Appendix to be filled in by the Contracting Authority]

STANDARD NOTIFICATION FOR THE DISQUALIFIED BIDDER[4]

[Location and Date]

[Name and address of the contracting authority]

[Bidder’s address]

Dear Sir/Madam, Mr./Ms.

Thank you for Your participation in the aforementioned public procurement procedure. The procedure is conducted pursuant to Law no. 9643, dated 20.11.2006 “On Public Procurement”.

Your bid was carefully evaluated according to the terms and conditions set out in the contract notification and the bidding file. We regret to inform that you were, the bid submitted by you was rejected on (-)/ the following grounds:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

If You think that the Contracting Authority has violated the LPP or PPR during the public procurement procedure, then you have the right to initiate a review procedure as provided for in Chapter VII of the LPP.

Although we could not use Your services in this case, I believe that You will continue to be interested in our procurement initiatives.

Kind regards,

< Name >

Appendix 17

[ Appendix to be filled in by the Contracting Authority]

WINNER NOTIFICATION FORM

[Date]

To: [Name and address of winning bidder]

Procurement procedure:

Reference number of the procedure/lot:

Brief description of the contract: [Quantity or purpose and duration of the contract]

Previous publications (if applicable): Public Notices Bulletin [Date] [Number]

* * *

List of qualified economic operators at the end of the first phase of the above procedure:

1._________________________________ _____________________________

Company’s full name TIN

2._________________________________ _____________________________

Company’s full name TIN

Etc.

* * *

We notify that these bidders have participated in the procedure with the respective values offered:

1._________________________________ _____________________________

Company’s full name TIN

Amount ___________________________

(in numbers and words)

2._________________________________ _____________________________

Company’s full name TIN

Amount ___________________________

(in numbers and words)

Etc.

The following economic operators have been disqualified:

1._________________________________ _____________________________

Company’s full name TIN

2._________________________________ _____________________________

Full name of the company NUIS number

Etc.

Respectively for the following reasons:

* * *

Referring to the above procedure, we inform [name, Tax ID number, and address of the winning bidder] that the bid submitted by you and evaluated with ______ points, has been identified as a successful bid.

Consequently, you are encouraged to submit to [name and address of the contracting authority and contact reference] insurance contract, as provided in the tender documents within ____________ days of receipt / publication of this notification.

In case you do not agree with this request, or withdraw from signing the contract, the security of your bid will be confiscated (if required) as provided in Article 49 of Law no. 9643, dated 20.11.2006 “On public procurement”, amended.

Classification Notification published on _____________________

Complaint: yes, or no ______________

(if any) answer received on _________________________

[Contracting authority official]

Appendix 18

[Appendix to be filled in by the Contracting Authority in the framework agreement]

NOTICE FORM OF SUCCESSFUL ECONOMIC OPERATORS IN THE FRAMEWORK AGREEMENT

[Date]

To: [Name and address of winning economic operators]

1. ________________________________________

2. _________________________________________

3._________________________________________

* * *

Procurement procedure: ______________________

Reference number of the procedure/lot:

Short description of the contract: [Quantity, object, duration of contract, etc.]

Previous publications (if applicable): Public Notices Bulletin [Date] [Number]

Winner selection criteria:  ( economically most favourable offer (Lowest price

We notify that these economic operators have participated in the procedure with the unit price sum offered/respective values offered:

1._________________________________ _____________________________

Company’s full name TIN

Unit price sum offered/value _____________________________

(in numbers and words)

2._________________________________ _____________________________

Company’s full name TIN

Unit price sum offered/value _____________________________

(in numbers and words)

Etc.____

The following economic operators have been disqualified:

1._________________________________ _____________________________

Company’s full name TIN

2._________________________________ _____________________________

Company’s full name TIN

Respectively for the following reasons:

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

* * *

In reference to the above mentioned procedure, we herein inform that the following economic operators have been identified as successful:

1._________________________________ _____________________________

Company’s full name TIN

Unit price sum offered/Value _____________________________/Total points ____

(in numbers and words)

2.________________________________ _____________________________

Company’s full name TIN

Unit price sum offered/Value ___________/Total points ____

(in numbers and words)

Etc.____________________________

Consequently, you are invited to appear at [name and address of the contracting authority and contact reference], before ____________ days from the date of receipt/publication of this notice to conclude the draft agreement.

Classification Notification published on _____________________________

Complaint: yes, or no ______________

(if any) answer received on ___________________________

[Contracting authority official]

Appendix 19

GENERAL TERMS OF THE CONTRACT

Maintenance Services

Article 1 Scope

1. These general terms of contract (GTC) will be implemented for the carrying out of procured Services through a restricted open procedure.

2. Law on Public Procurement in the Republic of Albania provides for that the provisions of the Albanian Civil Code shall apply to public procurement contracts. Some provisions of the Code are included in the GTC in order to increase the transparency of the terms of the contract. However, quoting some provisions herein shall not in any way affect the implementation of other provisions of the Civil Code of this contract.

3. Likewise, some provisions of the Law on Public Procurement are included in the GTC in order to increase the transparency of the law governing public procurement. However, quoting some provisions herein shall not in any way affect the implementation of other provisions of the Law on Public Procurement on the rights, duties and obligations of the parties.

4. GTC shall apply to the extent not superseded by the terms and provisions set out in other parts of the contract.

Terms of the contract shall also include special terms of contract (STC). If case of discrepancy between the GTC and the STC, the STC shall prevail.

Article 2 Definitions

1. “Contract” means the written agreement entered into by the Public Purchaser and Contractor consisting of the tender documents including GTC and STC, all attachments and completed forms and all other documents included in the referral of each document.

2. “Contract price” means the price to be paid to the Contractor under the contract for the full and proper performance of its contractual obligations.

3. “Object of contract” means all Services that the Contractor shall provide under the terms of the contract.

4. “Party (Parties)” means signatory parties of the contract.

5. “Contracting Authority” means the Contracting Authority part of this contract and that purchases services according to the provisions of this contract. This term, wherever used, has the same meaning as defined by law.

6. “Contractor” means the natural or legal person party to this contract providing the services according to the provisions of this contract.

7. “Services” refers to all tasks to be performed by the Contractor pursuant to the contract.

8. “Terms of Reference” express the object and purpose of the contract, define the tasks, requirements, objectives, delivery of the Services to be provided.

Article 3 Drafting of Contract

1. The winner announcement shall serve as a basis for the drafting of contract between the parties, which shall be signed within the term stated in the tender documents.

2. The existence of contract is confirmed by the signing of a contract document incorporating all agreements between the parties.

Article 4 Corrupted Practices, Conflict of Interest and Inspection of Records

1. The Contracting Authority can petition to the court to declare the nullity of contract if it ascertains that the Contractor has committed acts of corruption. Corruptive actions shall include actions described in Article 26 of the Law on Public Procurement.

2. The Contractor shall not be associated (present or past) with any consultant or any other entity that has participated in the preparation of tender documents for this procurement.

3. 4.3 The Contractor agrees to exclude himself from the procurement of goods, services or constructions that may follow, as a result of, or in connection with, this contract.

4. The Contractor shall permit the Contracting Authority to inspect the accounts and records related to the implementation of the contract or to have them audited by inspectors appointed by the Contracting Authority.

Article 5 Confidential Information

1. The Contractor and the Contracting Authority must protect the confidentiality of all documents, data and other information provided by the other party to the contract.

2. The Contractor may provide subcontractors such documents, data or other information it receives from the Contracting Authority to the extent required for the subcontractor to perform its work under the contract. In such case, the Contractor shall include in its contract with the subcontractor a provision that provides for confidentiality as stated in Paragraph 5.1 above.

Article 6 Intellectual Property

1. Unless otherwise provided in the contract, all intellectual property rights provided by the Contractor in performing the Contract shall belong to the Contracting Authority, who may use them at their discretion.

2. Unless otherwise stated in the contract, the Supplier, after completion of the contract, shall submit to the Contracting Authority all reports and data such as maps, diagrams, drawings, sketches, specifications, plans, statistics, calculations and supporting records or materials acquired, collected, or prepared by the Contractor in performing the contract. The Contractor may retain copies of such documents and data, but shall not be used for purposes unrelated to the contract without prior written approval of the Contracting Authority.

3. The Contractor shall protect the Contracting Authority from liability for infringement of intellectual property rights that may arise from the production or provision of Services under the contract.

4. In the event of any claim or suit against the Contracting Authority regarding with any violation of intellectual property rights caused by the implementation of the contract or the use of goods supplied under the contract, the Contractor shall provide the contracting Authority all evidence and information in the possession of the Contractor pertaining to such suit or claim.

Article 7 General Obligations of the Contractor

1. The Contractor should perform the Services and meet their obligations with all efficient and economic efforts, pursuant to the generally accepted professional techniques and practices.

2. The Contractor should follow sound business practices and use advanced and suitable technology and safe methods.

3. In case the contract requires performing professional advisory services, the Contractor shall always act as a loyal adviser to the Contracting Authority, in accordance with the rules and codes of conduct of their profession and shall always uphold and maintain the public interest.

4. In case the contract requires performing professional advisory services, the Contractor must be very careful with third parties relations including the media and must not take part in actions that are outside their competence in representing the Contracting Authority.

Article 8 Special Obligations of the Contractor

1. The Contractor must perform all Services as specified in the Terms of Reference.

2. The Contractor shall submit to the Contracting Authorities all services, in the quantities specified, as required by the contract, including but not limited to, all reports, documents, studies, drawings and layouts.

3. The Contractor should provide the reports related to the implementation of Services as required in the contract.

Article 9 Specifications and Drawings

1. If the contract requires sketching services, the Contractor should prepare all specifications and drawings by using generally accepted and recognized systems for the Contracting Authority and should take in consideration the most recent standards.

2. If the contract requires sketching services, the Contractor should ensure that all specifications, drawings and other requirements are prepared on a neutral basis with respect to promoting competition in the procurement of sketching objects.

Article 10 Permits and Licenses

1. The Contractor shall be liable for the provision of permits and licenses in accordance with the requirements of the Laws of the Republic of Albania for the performance of Services in this contract unless the parties agree otherwise.

Article 11 Removal and Replacement of Key Personnel

1. The Contractor shall obtain prior written approval from the Contracting Authority prior to the removal or replacement of key personnel as described in the Contractor's bid.

2. The Contractor shall replace any employee if the Contracting Authority discovers that the person has committed an unlawful act or that the Contracting Authority is highly dissatisfied with the work of the person.

3. If the need arises to replace one of the key personnel members, the Contractor shall provide as a replacement a person with equivalent or better qualifications.

4. The Contractor shall pay additional costs for the replacement of key personnel, unless the cause for the replacement is due to the negligence or lack of care of the Contracting Authority.

Article 12 Location

1. The services should be performed in the location or locations specified in the contract.

2. If the location has not been specified, the Contracting Authority shall reserve the right to approve the location or locations where the Services will be carried out, however, the approval must not be unreasonably delayed.

Article 13 Professional Liability Insurance

1. The Contractor shall provide insurance for the professional liability according to generally recognized rules and practices on the occupation, in order to indemnify the Contracting Authority on damages as a result of negligence, errors or shortcomings in providing Services.

2. Should there not be a minimum insurance amount on the contract, the Contractor shall provide insurance in the amount that is generally recognized as sufficient in the circumstances of the insured Services.

Article 14 Price of the Contract

1. The contract price shall be the price provided in the Contractor bid and accepted by the Contracting Authority.

Article 15 Payment Terms

1. The contract price, including upfront payment, shall be paid in the manner specified in the contract.

2. Unless otherwise provided in the contract, payment shall be made in the Albanian currency. The exchange rate of the different currencies shall be the rate of the Bank of Albania on the publication date of the contract notification.

3. Unless otherwise provided in the contract, the Contractor's request for payment shall be made to the Contracting Authority in writing. For each request, the Contractor must submit the original and copy along with a list of items describing the services performed which must be paid for.

4. Unless otherwise stated by another provision in the contract, the service payment shall be made within 30 calendar days from the day of Service provision, delivery presentation or accomplishment, or payment request receipt, whichever is the latest.

5. The payment date shall be the day on which funds are withdrawn from the account of the Contracting Authority.

Article 16 Delay in Payment

In the event of verifying delay in payment by the Contracting Authority, although the contractor has fulfilled all obligations in accordance with the terms of the contract, the overdue obligations and the corresponding delays will be fulfilled in accordance with the provisions of Law No. 48/2014 “On late payments in contractual and commercial obligations”

Article 17 Amendment of laws and regulations

If after the date of bids submission or contract signature date, any Albanian law or bylaw enter into force or are amended and affect the terms, including the submission date or price of the contract, the terms or price of the contract will be adjusted to the extent that the contractor is affected by the obligation to fulfill its obligations under the contract..

Article 18 Force Majeure

1. The Contractor shall not be responsible for loss of insurance of the contract, liquidated damages or cancellation for non-fulfillment, even to the extent of the delay in implementation or any other failure in fulfillment of its obligations according to this contract are cause of an event of Force Majeure.

2. For the purposes of this Article, “Force Majeure” shall mean any unforeseeable event beyond the control of the contractor on the fault or negligence. Events may include, but are not limited to, the actions of the Contracting Authority, whether in its sovereign or contractual capacity, war, revolutions, fire, flood, earthquake, epidemics, quarantine constraints and transit embargoes.

3. Should there be a Force Majeure event, the Contractor shall immediately notify the Contracting Authority. Except when the Contracting Authority gives different instructions, the Contractor shall agree to comply with its obligations under the Contract at the practically reasonable amount and shall request all reasonable measures for implementation that are not hindered by the Force Majeure.

Article 19 Delay in Implementation and Extension of Deadline

1. Except as otherwise provided, the Contractor shall start the performance of the Contract immediately upon its signature.

2. Except where the Contracting Authority agrees to extend the term of the contract, the Contracting Authority shall have the right to claim damages for delay in performance if the Contractor fails to submit Services within the Contract period.

3. The Contracting Authority may deduct the amount of liquidated damages due from the amount payable to the Contractor. In such case, the Contracting Authority shall give the Contractor written notice of the amount and the reason for the deduction.

4. The Contracting Authority shall agree for an extension of the term in case of Force Majeure.

5. The Contracting Authority may agree to extend the term in other circumstances if it is in the public interest to do so. In case the Contractor encounters conditions that hinder the timely implementation, the Contractor should immediately notify the Contracting Authority in writing for the delay, cause and the proposed date of submission or completion. The Contracting Authority must evaluate the request. If the Contracting Authority agrees with the delay, the extension shall enter into force with an amendment of the contract in writing, signed by the Contracting Authority and the Contractor.

Article 20 Liquidated damages for delay in finishing works

1. Liquidated damages for delay in finishing works shall be calculated at the following daily rates:

a) For contracts with an implementation period of not more than 6 months, the daily fee will be 4/1000 of the corresponding value without total contract value, but this value will be calculated at a minimum above 25% of the contract value.

b) For contracts with an implementation period longer than 12 months, the daily fee shall be 2/1000 of the remaining corresponding unimplemented value of the total price of the contract but it shall be calculated at a minimum value of over 25% of the contract value.

c) For contracts with an implementation period longer than 12 months, the daily fee shall be 1/1000 of the remaining corresponding unimplemented value of the total price of the contract but it shall be calculated at a minimum value of over 25% of the contract value.

Article 21 Negotiations and Amendments

1. The parties will not negotiate changes or amendments to any contract terms that would significantly alter the terms that form the basis of the contractor’s selection.

2. No amendment or other contractual change shall be valid unless it is in writing, dated, explicitly referred to in the contract and signed by the authorized representative of the Contractor and the Contracting Authority.

3. Any waiver of the rights, powers or arrangements by the parties shall be in writing, dated and signed by the authorized representative of the party who waives such right and shall specify the right and the extent to which it is issued.

Article 22 Change of Order

1. The Contracting Authority shall reserve the right to order Additional Services up to an amount not exceeding 20% of the total contract price. Any additional orders must be made in accordance with the rules and procedures provided in the Law on Public Procurement.

Article 23 Termination for Default

1. The Contracting Authority may terminate the contract in whole or in part, if:

a) The Contractor fails to deliver Services within the period specified in the contract or within any extension granted; or,

b) The Contractor fails to perform any other obligation of the contract.

2. The Contracting Authority shall give written notice of termination for default and grant the Contractor 15 days to cure the default unless the termination is for corrupt or illegal actions, in which case the termination shall be immediate.

Article 24 Termination for Bankruptcy

1. The Contracting Authority may terminate the contract at any time if the Contractor becomes bankrupt or insolvent.

2. The Contracting Authority shall give written notice of termination.

Article 25 Termination for reasons of Public Interest

1. The Contracting Authority may terminate the contract at any time if it determines that this action must be taken to best serve the public interest.

2. The Contracting Authority shall provide the Contractor written notice of termination.

3. The Contracting Authority shall pay the Contractor for all Services performed before the termination and shall pay the Contractor for damages incurred for partially performed Services. In calculating the amount of damages, the Contractor shall be required to take all necessary actions to minimize the damage.

Article 26 Subcontract

1. A subcontract shall be valid only if it is in the form of a written agreement by which the contractor entrusts performance of a part of their contractual obligations to a third party

2. The Contractor shall not subcontract without prior written approval of the Contracting Authority and not more than 40% of the contract value. The Contractor shall notify the Contracting Authority on the contract elements to be subcontracted and documentation proving the ability of sub-contractor. The Contracting Authority shall notify the contractor of their decision within 5 days of receiving the notification, stating the reasons whether it approves it or not.

3. Every subcontractor should have the right to participate in the public procurement pursuant to the Public Procurement Law. The Authority may direct payment to the subcontractor to supply services to be.

4. Should the Contractor plan to subcontract some of the works, they should present on the bid, according to the tender documents, all the required documentation for the subcontractor, as well as specific works to be subcontracted.

5. The Contractor shall remain fully responsible for the implementation of the contract irrespective of the subcontractor's behavior.

Article 27 Transfer of Rights

1. The Contractor should not transfer, fully or partially, their obligations pursuant to the agreement, except when the Contracting Authority shall grant prior approval.

Article 28 Contract Insurance

1. Before signing the contract, the contractor shall provide to the Contracting Authority contract insurance in the amount and form required

2. The amount of contract insurance shall be payable to the Contracting Authority as compensation for any loss resulting from the Contractor’s failure to fulfill their obligations under the contract.

3. The contract insurance shall be returned to the Contractor not later than 30 days after the date of receipt of the Services.

Article 29 Legal Basis

1. The contract shall be regulated and interpreted according to the Albanian legislation in force.

Article 30 Dispute Resolution

1. The Contracting Authority and the Contractor shall make every effort to resolve any disagreement or dispute arising between them under or in connection with this agreement by direct negotiation.

2. If the parties fail to resolve the dispute or conflict, problems shall be considered through contract dispute resolution and legal procedures in force under the legislation of the Republic of Albania.

Article 31 Representation of Parties

1. Each party shall appoint in writing a person or organizational position that shall be responsible, on behalf of the party, for making statements and party representation in matters related to the execution of the contract.

2. Each party shall notify the other party of any change in the appointment of representatives of the party. If a party fails to give notice, they must assume any losses caused by the failure to give adequate notice.

3. Parties may appoint additional persons or organizational units to represent the party in the specific actions or activities, in which case the written notice must be given and must determine the extent of the representative’s authority.

Article 32 Notifications

1. Any notice given by one party to the other under this contract shall be made in writing to the address specified in the contract.

2. The notice will come into effect upon delivery.

Article 33 Calculation of deadlines

1. All references to days shall be calendar days unless otherwise provided.

Appendix 20

[Appendix to be filled in by the Contracting Authority]

Special Terms of Contract

Maintenance Services

Special terms of contract are drafted in accordance with the specific contract object. Should there be any discrepancy between the GTC and the STC, the Special Terms of Contract shall prevail.

Article 1 Definitions

1. The Contracting Authority shall be

2. The Contractor shall be

Article 2 Contract Insurance

1. Contract Insurance in the amount of (10 % of the bid value) shall be provided by the Contractor to insure the execution of their obligations under the contract.

2. Contract Insurance shall be issued or returned immediately to the Contractor according the following form:

Article 3 Contract Commencement

1. The implementation of the contract should begin on __________. If not specified, implementation will begin on the date the Contractor signs the contract form.

Article 4 Service Location

1. Services will be performed in:

Article 5 Information that should be provided by the Contracting Authority

1. Within 15 days from the receipt of the contract insurance, the Contracting Authority must provide the Contractor with the following information and documents:

Article 6 Reporting Requirements

1. During the extension of the contract, the Contractor must provide reports to the Contracting Authority pursuant to the following form:

Article 7 Professional Liability Insurance

1. Prior to the commencement of the contract, the Contractor shall provide the Contracting Authority with evidence of professional liability insurance with the following minimum amounts:

Article 8 Payment Terms

1. Payment for Services should be made according to the following file:

2. Each filed payment must be made within _________ days from the date of entering into the agreement on the payment or from the date of receipt of the written request for payment, whichever is the later. If not specified, the time period shall be 30 days.

3. Payment currency shall be _____. In case it has not been stated, the payment will be made in Albanian Lek.

Article 9 Preliminary Payment

1. The pre-payment percentage will be _____. If left unpaid, the Contractor will not receive a pre-payment.

2. In case a prepayment has been promised, it shall be paid within ____ days from the contract security receipt.

3. If a prior payment is made, the amount shall be deducted from the payment to be made to the Contractor under the following formula:

Article 10 Contract waiver deduction

10.1 If a contract waiver deduction shall be provided, it shall be carried out as follows

_________________________________________________________________________ _________________________________________________________________

If not completed, the guarantee shall remain unchanged.

Appendix 21

[ Appendix to be filled in by the Contracting Authority]

SIGNED CONTRACT NOTIFICATION PUBLICATION FORM

I. Contracting Authority

I.1 Name and address of contracting authority

Name ___________________________________________

Address ____________________________________

Tel/Fax ___________________________________________

E-mail ___________________________________________

Website ___________________________________________

I.2 Type of contracting authority:

|Central Institution |Independent institution |

|δ |δ |

|Local government unit |Other |

|δ |δ |

Section 2 Object of the contract

2.1 Reference number of the procedure/lot ____________________________________

2.2 Type of “Public Contracts for Services”

|Design Competition |Consultancy Services |Other Services |

|δ |δ |δ |

2.2. 2.1 Contract based on Framework Agreement

|Yes |δ |No |δ |

If yes, type of Framework Agreement

With 1 Economic Operator δ

With several Economic Operators δ

All terms are defined

|Yes |δ |No |δ |

2.3 Brief description of the contract

1 Limit Fund _____________________________________________

2. Source of Funding ______________________________________

3. Object of the contract / framework agreement_______________________________________

2. 4 Contract duration or execution time limit:  

Duration in months δδδ or days δδδδ

or

from δδ/δδ/δδδδ to δδ/δδ/δδδδ

2.5 Division into LOTS:  

|Yes |δ |No |δ |

If yes, number of LOTS:

2.6 Options:  

Number of potential renovations (if any):

or: from δδ to δδ

2.7 Subcontracting contract:  

|Yes |δ |No |δ |

Section 3 Procedure

3.1 Type of procedure:

3.2 Winner selection criteria:  

Best offer based on:

Price ((δδ( Technical proposal δδ

3.3 Number of requirements submitted:((δδδ

Number of regular requirements:((δδδ

3.3.1 Number of proposals submitted δδδ Number of regular proposals δδδ

Section 4 Contract Information

4.1 Contract Number: _______________ Date of Contract δδ/δδ/δδδδ

4.2 Name and address of contractor

Name ___________________________________________

Address ____________________________________

Tel/Fax ___________________________________________

E-mail ___________________________________________

Website ___________________________________________

4.2 Name and address of subcontractor/s

Name ___________________________________________

Address ____________________________________

Tel/Fax ___________________________________________

E-mail ___________________________________________

Website ___________________________________________

4.3 Total final value of the contract (including lots, , options and subcontracting):

|Value |_______________ (VAT excluded) |Currency |__________ |

|Value |_______________ (VAT included) |Currency |__________ |

4.3.1 Total value of subcontracting: ___

|Value |_______________ (VAT excluded) |Currency |__________ |

|Value |_______________ (VAT included) |Currency |__________ |

4.4 Additional information

________________________________________________________________________________________________________________________________________________

Date of distribution of this notice δδ/δδ/δδ

Appendix 22

[Notice to be completed by the Contracting Authority, which will be published in the Public Notices Bulletin]

1. Name and address of the contracting authority

Name ___________________________________________

Address ____________________________________

Tel/Fax ___________________________________________

E-mail ___________________________________________

Website ___________________________________________

2. Type of procedure: ___________________________________________

3. Reference number of the procedure/lot ____________________________________

4. Object of the framework agreement/contract _______________________

5. Limit Fund _____________________________________________

6. Total final value of the contract (including lots, options and subcontracting):

| | | | |

|Value |_______________ (VAT included) |Currency |__________ |

| | | | |

Value of subcontracting ______________VAT included Currency __________________

7. Agreement Signing Date

8. Name and address of the contractor/subcontractor

Name ___________________________________________

Address ____________________________________

Protocol No. TIN ___________________________________________

Appendix 23

FORM OF CANCELLATION OF THE PROCUREMENT PROCEDURE

1. Name and address of the contracting authority

Name ___________________________________________

Address ___________________________________________

Tel/Fax ___________________________________________

E-mail ___________________________________________

Website ___________________________________________

1.    Type of procedure:  _______________________________________

the above.      Reference Number: ______________________________________

3. Contract Object ________________________________________

4. Limit Fund _____________________________________________

5.      Cancellation Reason:

Pursuant to Law No. 9643, dated 20.11.2006 “On Public Procurement”, as amended, Article 24, Paragraph 1:   a)  ;

              b)   ;

              c)    ;

            ç)   ;

              d)   ;

             dh)  ;

Etc. ______________________________________

6.  Additional information

________________________________________________________________________________________________________________________________________________

Date of distribution of this notice _

Appendix 24

[Headed letter of the Bank / Insurance Company]

[Appendix to be filled in by the economic operator]

CONTRACT INSURANCE FORM

[Date _______

To: [Name and address of the contracting authority]

On behalf of: [Name and address of insured bidder]

Procurement procedure: [type of procedure]

Brief description of the contract: [object]

Publication (if applicable): Public Notice Bulletin [Date] [Number]

In reference to the above mentioned procedure, and provided that [name of the winning bidder] has been awarded the contract,

We certify that [name of the winning bidder] has made a deposit to the [name and address of the bank/insurance company] in the amount of [currency and amount expressed in words and figures] as a condition for the execution of contract to be signed with [name of contracting authority]

We undertake to transfer to the account of [name of contracting authority] the insured amount, within 15 (fifteen) days from your, simple and written, without asking explanations, provided that the request mentions the failure to fulfill the terms of the contract.

This Insurance shall be valid until the full execution of the contract.

[Representative of the bank/insurance company]

Appendix 25:

COMPLAINT FORM TO THE CONTRACTING AUTHORITY

Complaint to: Contracting Authority

Section I. Identification of Complainant

The complainant may be a bidder or potential bidder (e.g. individual, partnership, association, joint venture).

|      |

|Complainant full name (please type) |

|      | |

|Address | |

|      | | | |      |

|City | |State | |Postal/Zip Code |

|      | |      |

|Prot. Telephone number (including area code) | |No. Fax number (including area code) |

|      |

|E-mail |

|      |

|Name and title of the official authorized to issue the complaint (please type) |

| | |      |

|Signature of the authorized official | |Date (year/month/day) |

|      | |      |

|Prot. Tel. No. (including Prefix) | |No. Fax No. (including Prefix) |

Section II. Information on the procedure

1. ID Number

Fill in the number of contract in the contract notification or in the tender documents, including the type of procedure used for the procurement in question (e.g., Proposal Requirements (PR), Open Procedure (OP), Restricted Procedure (RP), Negotiation Procedure (NP), Consulting Service (CS), Design Competition (DC).

|      |

2. Contracting Authority

The name of the contracting Authority administering the procurement process.

|      |

3. Estimated Value of the Procurement

Calculation of contract value (amount expressed in numbers and in words)

|      |

| |

| |

4. Object of Contract

Brief Description of works/goods/services purchased.

|      |

5. Deadline for Submission of Bid

The deadline for submission of bids.

|      |

|Date (year/month/day) |

6. Date of Contract Award

|      |

|Date (year/month/day) if applicable |

Section III. Description of complaint

1. Complaint Legal Basis

(please write the law infringement, based on decisions, acts, documents, etc.)

|      |

2. Detailed Declaration of Facts and Arguments

Give a detailed declaration of facts and arguments that support your complaint. For every complaint reason, state the date you were notified on the facts related to the complaint reasons. In addition, state the respective sections of the tender documents, if implemented. Use additional pages if necessary.

3. List of Appendixes

For a complaint to be considered filed, it must be complete. Attach a legible copy of all documents related to your complaint and a list of all these documents. Documents should normally include any notice published, all tender documents with all amendments, appendices, and your proposition. Determine which information is confidential, if any. Explain why the information is such, or submit a version of the relevant documents with confidential parts removed and a summary of the content.

|      |

Please send the filled in procurement complaint form, all necessary appendices and some additional copies, to the contracting authority

Note: For complaints to the Public Procurement Commission, refer to the Complaint Form put out by this institution.

Protocol No. Fax:

E-mail:

Signature and seal of the complainant

Appendix 26

DRAFT FRAMEWORK AGREEMENT

(All Terms Defined)

FOR WORK/GOODS/SERVICES

[Use of this draft agreement is binding on all Contracting Authorities using the framework agreement)

No __

DATE:

This contract is entered into on [date] between [name and address of the Contracting Authority], hereinafter referred to as the “Contracting Authority” and [name and address of Contractor] represented by [representative], hereinafter referred to as “Contractor”.

The Contractor, through their bid, on [date] agrees to supply goods, as specified in the terms set out in:

– This contract

– Bid Declaration Form, submitted by the Bidder

– Technical Specifications

– Bid Price Form

All the present attached documents shall constitute an integral part of the present Agreement.

Article 1 Object

1.1 The scope of the framework agreement shall be to define terms, including prices per unit and rules for the delivery of goods/services/works below.

[general description]

E.g. Whenever the Contracting Authority included in this agreements seeks to purchase items under this contract, they shall send a “bid invitation” to the Contractor, specifying the items list to be supplied, alongside their respective quantities.

1.3 The foreseen quantities shall solely be guiding and shall NOT condition the Contracting Authority to purchase them. The Contracting Authority shall have the right to buy less or more quantity than those indicated.

1.4 The Contractor shall not be entitled to compensation and shall NOT be allowed to make changes to the unit price, for instance in case the contracting Authority decides to purchase fewer or more quantities than those specified and/or in case the contracting authority decides not to purchase any of these quantities for some items.

1.5 Duration of the Framework Agreement:

______________________

Article 2 Price

2.1 Prices per unit of work/goods/services are shown in the Bid Price Form.

2.2 Unit prices shall be fixed and not subject to change for orders placed on this framework agreement.

Signatures and Dates

|For the Contractor |For the Contracting Authority |

|Name: | |Name: | |

|Position: | |Position: | |

|Signature: | |Signature: | |

|Date: | |Date: | |

|Seal: | |Seal: | |

Appendix 27

DRAFT FRAMEWORK AGREEMENT

(Not All Terms Defined)

FOR WORK/GOODS/SERVICES

Name of Contracting Authority

And

Name of Contractor

Agree as follows:

Signing this framework agreement on the object: < put title > with identification number:

Article 1 Object

1. The scope of this framework agreement shall be to set the rules for contracts, which shall be entered into through mini –bidding process only between economic operators, who are party to this framework agreement.

2. This framework agreement shall not be a contract in itself, but it shall set terms for contracts which will be signed based on it.

3. The Contractor shall be only one of the parties of the framework agreement.

Article 2 Obligations of Parties

2.1 The Contracting Authority, as a party of this agreement, shall send a “Bid Invitation” to the Contractor whenever there is a need for work/goods/services.

2. The Contractor shall be obliged to submit a bid whenever required by the Contracting Authority.

Article 3 Contracts pursuant to the framework agreement

3.1 Contracts shall be signed only after the mini –bidding process.

Article 4 Mini –bidding process

4.1 The mini-bidding process shall be conducted with all economic operators, party to the framework agreement, whenever there will be the need for work/goods/services for Contracting Authorities.

2. The Contracting Authority shall re-open competition under the same terms or other terms set on the bid invitation, as defined in the tender documents.

4.3 Whenever there is a need for work/good/service, the Contracting Authority must prepare Bid Invitations and send them to all economic operators who are part of the framework agreement. Bids evaluation shall be done according to the criteria specified on the Bid Invitation

Article 5 Duration of the Framework Agreement

__________________________________

Signatures and Dates

|For the Contractor |For the Contracting Authority |

|Name: | |Name: | |

|Position: | |Position: | |

|Signature: | |Signature: | |

|Date: | |Date: | |

|Seal: | |Seal: | |

-----------------------

[1]

|In case of specific failure to stipulate in this set of documents, the contracting authority shall refer to stipulations of the legislation and | |

|public procurement rules in force. | |

[2] This declaration shall be signed by each member of the consultant staff and will be part of the consultant's bid documents.

[3] I authorize the Contracting Authority to make the relevant verifications of the legal status of persons in this Declaration

[4] This notification shall be used in cases of procurement procedures carried out in writing

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