202009.300

Prequalification – Authority of the Panama Canal (ACP) Water Administration

MEMORANDUM

 

FROM:        JOSE MIGUEL ALEMAN (jaleman@aramolaw.com)

                     ARIAS, ALEMAN & MORA

FECHA:      September 15, 2020

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Dear Sirs:


We would like to inform you that the Authority of the Panama Canal (ACP) published this September 7th, 2020, the specifications for the prequalification in the tender of a new water management system to guarantee for the next 50 years the sustainable supply of the resource, which has registered historically low levels in recent years due to the climate crisis.


The objective of the Project is to provide a holistic and integrated solution to solve the problem of quantity, quality, and control of water for the Panama Canal, considering the requirements of water for both human consumption and Panama Canal operations, adopting United Nations Sustainable Development Goals.


The intention is that the Contractor shall be solely responsible for the concept, design and construction of the Works, for identifying the site(s) on which the Works will be located and for all investigations, surveys and studies on the topography and physical conditions (whether natural or man-made) of those site(s) including (but not limited to) the sub-surface, hydrological, climatic and environmental conditions at those site(s) and the suitability of those site(s) for the Project.


There will be a virtual public meeting on September 30, 2020 at 10:00 a.m. Republic of Panama local time, where the Contracting Officer will address all clarifications and requests for review received by interested parties. The meeting will be held via Microsoft Teams, and the participation will be limited to two (2) persons per company. Participants will have the opportunity to attend; however, and for purposes of clarity of information, no interaction will be allowed during the meeting. In order to participate, all interested parties must send the email addresses of the proposed participants, and any queries they wish to have clarified and/or reviewed by the ACP during the meeting, not later than 48 hours prior to the scheduled date and time of the meeting


Interested parties must send their proposals in one (1) original and three (3) printed copies, as well as one (1) electronic copy in USB format, of their Statements of Qualifications (each a “Statement of Qualifications”) in accordance with the terms and conditions of the bidding by no later than November 12, 2020 at 1:00 p.m.


The Prequalification of Tenderers will be based on a combination of pass/fail criteria and weighted qualifications.


The information submitted in response to the Administrative and Contractual Requirements will be evaluated using a pass/fail criterion. The information submitted in response to the Financial Stability Requirements and the Engineering and Technical Requirements will be evaluated using weighted qualifications.


The ACP reserves the right to not evaluate the information submitted in response to the Financial Stability Requirement and the Engineering and Technical Requirements, if a Tenderer does not pass each and every Administrative and Contractual Requirement.


The ACP will evaluate the individual qualifications of each Tenderer and any proposed Subcontractor. No Joint Ventures will be allowed for this process.


The ACP does not offer any type of investment figures for the water management project in the basis of the process, but according to a journalistic note based on a report from the rating agency Moody’s released last July, it was indicated that the investments required to address the issue is estimated at between $ 1,000 and $ 1,500 million or 33% to 50% of ACP’s total income.


The Prequalification can be reviewed in the following Link:

https://apps.pancanal.com/sli/Licitaciones/LicitacionHeader


Arias, Alemán & Mora has lawyers with vast experience in advising clients on their participation in tenders and contracts with the State. We remain at your disposal to provide you with our legal advisory.


If you require any additional information or an extension of the information provided, please do not hesitate to contact us.


Very truly yours,

ARIAS, ALEMAN & MORA