Selection of the Operator

The selection procedure of the private operator  

The diagram hereunder illustrates the selection process for the private operator as laid down by the BOT Law.

 
Selection process for candidates and awarding of BOT contract
 
 
 
 


As illustrated in the above flowchart, the launching of the tendering process for a PPP is contingent on (i) the positive endorsement of the Infrastructure Council and (ii) the authorisation of the President of the Republic.

The endorsement of the Infrastructure Council evaluates the level of conformity of the project with the State policy in the area of infrastructure development, environmental norms and land use planning.  

The Dakar-Diamniadio Motorway project was approved by the Infrastructure Council and the authorisation of the President of the Republic by virtue of Decree  2007-170 of 13 February, 2007

This same decree designated the Ministry of the Economic and Finance and the Minister responsible for Roads as the Awarding Authority of the Project and APIX s.a., as Delegated Awarding Authority. 

Pre qualification Phase

In accordance with the 2004-13 law, PPP contracts can only be signed with private Operators with the requisite technical, legal and financial capacity and the capacity to provide uninterrupted services to the public.

The pre qualification of the candidates is based on the following criteria:

·         references vouching for successful completion of similar contracts 

·         men, materials, and machines at the disposal of the candidate to implement the contract;

·         financial standing of the candidates;

·         proof  provided by the Senegalese or foreign authorities establishing that the candidate has met his fiscal and social obligations fully;

·         proof provided by Senegalese or foreign authorities that the management of the contesting candidate or firm do not have a criminal record in relation to their professional activities.

For the Dakar Diamniadio toll, invitations for tenders and pre-qualification notices were published on 2nd April, 2007 in accordance with the provisions of article 11 of the BOT law in the international and national press to invite all interested candidates to send an application to the Delegated awards authority. Three candidates applied for the pre-qualification dossier and submitted pre-qualification applications : Groupement Eiffage comprising of  :

·         Eiffage

·         Eiffage Senegal

Consortium Autoroute Dakar comprised of:

¬∑¬†¬†¬†¬†¬†¬†¬†¬† MSF Concess√Ķes ‚Äď SGPS, S.A.

¬∑¬†¬†¬†¬†¬†¬†¬†¬† BRISA ‚Äď Auto-Estradas de Portugal, S.A

¬∑¬†¬†¬†¬†¬†¬†¬†¬† MSF ‚Äď Moniz da Maia, Serra & Fortunato - Empreiteiros, S.A.

¬∑¬†¬†¬†¬†¬†¬†¬†¬† MOTA- ENGIL CONCESS√ēES, SGPS, S.A.

·         Banco Espírito Santo, S.A.

Groupement Delta Holding comprised of:

·         Delta Holding

·         Autoroutes Du Maroc (ADM)

·         INGEMA

After endorsement by the Infrastructure Council and the Tender Commission, the Delegated awards authority pre-qualified the three candidates who took part in this selection phase.    

Tender Phase

 

Following the pre qualification and in conformity with article 13 of the BOT law, the tender document was only sent to the candidates pre-qualified on 20th November, 2007.

 

The tender phase was in two stages:

·         In the first stage, Candidates were invited to submit a Technical Proposal comprising of technical and legal proposals for implementation the Project.  The objective of this stage was to analyse, in detail and with the candidates, the technical and legal assumptions of interest to the Delegated awards authority. Following the submission of technical and legal proposals, the applicants were interviewed. Based on the discussions with the candidates, the tender document was amended and the adjusted TD was once again transmitted to the candidates.   There was no ranking of technical proposals at this level by the Awards authority.     

·         In a second stage, on the basis of the adjusted TD candidates were invited to submit a comprehensive proposal in accordance with the provisions of article 14 of the BOT law: this stage is carried out uniquely by the Tender Committee which at the end of the process informs candidates of their ranking and the Awards authority of the results.    

Where are we now?

At this stage of the process, the selection of the private Operator is at its final phase. Candidates submitted their final offers since 15 October, 2008 and the evaluations are on-going. The successful bidder will be known by the end of the year, at the latest, and the operations contract will be signed in the first quarter of 2009.