REPUBLIC OF BULGARIA MINISTRY OF TRANSPORT, INFORMATION TECHNOLOGY AND COMMUNICATIONS TO ALL INTERESTED PERSONS IN THE PROCEDURE FOR GRANTING A CONCESSION FOR SERVICE FOR THE OBJECT CIVIL AIRPORT FOR PUBLIC USE SOFIA RE: Received questions concerning the procedure for granting a concession for service for the object civil airport for public use Sofia public state property DEAR SIR/MADAM, In connection with questions received from interested party concerning the procedure for granting a concession for service for the object civil airport for public use Sofia public state property, we provide the following answers: QUESTION ANSWER A. A.1. A.2. Please provide information whether the rental contracts, which have expired are still effective and provide the respective instruments whereby the extension of their is agreed. Please provide all Acts of occupying to the rental contracts, by which the parties customarily verify the transfer of holding of the rented property The expired lease agreements are not renewed. Annex A.2 - scanned acts on a CD, folder 12. A.3. Please provide the Tariff of domestic and consumables expenditures under art. 14, para. 1 of the General Terms and Conditions on renting of real estate properties of Sofia Airport EAD Annex A.3, folder 12. A.4. Please provide all bank guarantees provided by
A.5. A.6. B. lessees on rental contracts, issued as security of the receivables of the lessor Sofia Airport EAD Are there any other concluded rental contracts for advertising sites, located in Terminal 1, unless these referred to Rental contract for advertising site No. 100-D-200/13.11.2014, namely: advertising sites No. DA21, DA09, DA16, 0A08U, AA17, AA23, AA24. While there is an Answer that the contracts to be listed As Annex 18 to the Concession Agreement are provided as Addendum N0. 47, there is no such Addendum (nor list) in the Data Room. Could you please provide this list? Annex A.4, folder 12. No. All valid agreements of "Sofia Airport" EAD are available for review by all interested persons in the Information Room of MTITC since the publication of documents for participation in the opened procedure. Annex 18 to the concession agreement will be elaborated immediately before the signing of the concession agreement with the current at the date of conclusion contracts. Besides the above, you should be aware that item 2.4.4. "Contractual Relations" of Tender documents clearly indicates what contracts the concessionaire should conclude compulsory and which intervention will be done at its discretion. B.1. Has Sofia Airport been subject to any ICAO 1 inspections? If so, please provide copies of the respective inspections reports and information on any subsequent measures implemented to address any report findings There were no inspections at the airport carried out by ICAO. B.2. Please provide comprehensive data (reports) from the automatic aviation noise notice monitoring system installed at Sofia airport. Under Regulation 54/13.10.2010 on the activities of the national system for monitoring of environmental noise and requirements for conducting selfmonitoring are being regularly submitted quarterly reports on noise to the EEA/MEW, which 1 International Civil Aviation Organization 2
B.3. B.4. B.5. Please provide information on any flights during the time period from 23.00 h until 06.00, both landing and flying out. Please confirm if there are any agreements with airlines providing for the exclusive right of any airline to fly from/to Sofia to/from specific airport(s) and, if yes, provide list and copies of such agreements. Please explain what measure has Sofia Airport implemented on each T1 and T2 for the separation of the arriving passengers from departing passengers are published on the website of EEA and the access to them is limited. Quarterly reports on the acoustic status of areas located near the airport in January-March 2016 April-June 2016 are enclosed as Annexes B.2.1 and B.2.2., folder 12. Annex B.3.1, folder 12. Annex B.3.2, folder 12. Annex C.3.3, folder 12. Annex C.3.4, folder 12. International aviation legislation in respect of scheduled air traffic is based on the principles, standards and practices of ICAO. Neither ICAO documents or EU legislation permits "to grant exclusive rights to airlines." All concluded air transport agreements worldwide follow a model drafted by ICAO (Doc.9626, Chapter 2.2) and basically contain standard clauses. Such provisions are to provide fair and equal opportunities as a general principle, exclude discrimination or unfair competitive practices in relation to airlines. AnnexB.5. folder 12. 3
B.6. B.7. Please provide list of the memberships of Sofia Airport EAD into various organizations (e.g. EUACA 2, etc.) with information on transferability of such memberships, procedures of transfer and membership fees Please confirm whether the equipment of Sofia Airport EAD listed in Annex 4 the Tender Documentation (available on the web-site of the Ministry only in Bulgarian language, namely https:///upload/docs/2 016-06/Prilojenie_N4_Dalgotraini_aktivi_2_ 30.04.2016_letishte_Sf_EAD.pdf; https:///upload/docs/2 016-06/Prilojenie_N4_Dalgotraini_aktivi_ 30.04.2016_letishte_Sf_EAD.pdf; https:///upload/docs/2 016-06/Prilojenie_N4_Materiali_2_ 30.04.2016_letishte_Sf_EAD.pdf; https:///upload/docs/2 016-06/Prilojenie_N4_Materiali_ 30.04.2016_letishte_Sf_EAD.pdf), which the Concessionaire may purchase or hire from Sofia Airport EAD and those listed Annex 3.8 to the Tender Documentation (available on the web-site of the Ministry only in Bulgarian language https:///upload/docs/2 016-06/Prilojenie_N3.8_aktivi_GVA.pdf) is enough for the Concessionaire to obtain Airport operator s license and Ground Handling operator s license for the activities under Art. 48д, para. 3, item 1-7 of the Civil Aviation Act and to meet the criteria for technical ability under art.6.2.2. of the Tender Documentation? Would the participant satisfy the requirement to provide description of the proposed equipment under art.7.2.2 of the Tender Documentation if it proposes the same list of equipment under Annex 4 and Annex 3.8 without additional description? Would the participant satisfy the requirement to provide description of the proposed equipment under art.7.2.2 of the Tender Documentation if it refers to the content of both annexes or the content of the annexes review on the spot under the terms Annex B.6. folder 12. At present, the technical equipment of "Sofia Airport" EAD specified in Annex 4 to the documents and referred to in Annex 3.8 of the documentation is sufficient for obtaining a license for airport operator and operator license, ground service activities under Art. 48 "d", para. 3 pt. 1-7 by the Civil Aviation Act. It should be borne in mind that the condition and serviceability of the equipment, with which is applied for a license for airport operator and ground service is assessed at the time of application in DG "CAA" and shall follow the procedure defined in Regulation 20 of 24.11.2006 to certify the fitness of civil airports, airfields, systems and equipment for ground handling, licensing of airport operators and ground service and market access ground handling services at airports. 2 European Airport Coordinators Association 4
B.8. needs to be duplicated? On the web-site of Sofia Airport there are Internal rules on planning, assigning and control of public, mixed and private procurements published (as lastly amended by resolution of the Board of Directors of Sofia Airport EAD under minutes dated 27.04.2015). Please confirm that these rules are the most actual and currently effective and there are no other amendments thereto (made after 27.04.2015). If not please provide the most actual and currently effective procurement rules. QUESTION ANSWER 1. The present declared capacity is 25 movements per hour. How is that capacity defined and what are the assumptions? What are the reasons for not declaring 40 ATM 3 /hours? On the website of "Sofia Airport" EAD were published Internal Rules for planning, assigning and monitoring of public, joint and private procurement in "Sofia Airport" EAD applicable to procedures for public procurement that have been revealed and conducted under the Public Procurement Act in force until 14.04.2016 under Art. 244 PPL (prom. SG. 13 of 02.16.2016, effective from 15.04.2016) The sector contracting authorities are not obliged to adopt internal rules for the management of the procurement cycle. The capacity is determined in accordance with methodology of EUROCONTROL, based on study data on the movement of aircraft on the manoeuvring area and the platform collected through direct observation of the behaviour of the aircraft. The data collected include information on the timing of the predefined events relevant to the bandwidth of the runway. Data collection was performed by trained observers who used specially elaborated for the purpose applications. Annex 1.1., folder 12 - letter estimates of BULATSA capacity and Annex 1.2, folder 12 - report of BULATSA with a description of the method used. 3 Air Transport Movement 5
2. Describe the mode of operation at the eastern runway end. What is the procedure and sequence for changes between TO and landings? 3. What is the percentage of the traffic handled from the eastern and western runway end respectively (departures and landings)? 4. What are the specific environmental restrictions with respect to the overflying of the city? Is there a specific number of allowed departures and landings to and from the west? 5. We understand that noise is a consideration and eastward departure and westward arrivals are preferred. Is there any legal or regulatory restriction that limits continuous westward departure and eastward arrival or is it just an operational preference to keep noise at a low level? During normal operation of the airport, the organization of takeoffs and landings complies with the minimum allowable noise in Sofia using runway 27. If the weather conditions do not allow the above, is used runway 9. It is not kept such statistics. In the Aeronautical Information Publication (AИП/AIP) of the Republic of Bulgaria, supported by BULATSA, have been published procedures to reduce noise, which impose specific conditions when selecting the runway. Take offs and landings are not limited in number, but depend on weather conditions. Annex 4, folder 12 - Section LBSF AD 2.21 "Procedures for noise reduction" of AIP Bulgaria. The manner of conducting the flights of aircrafts irrespective of their nationality is implemented in respect of the organization of the airspace in the Sofia airport control area, published in AIP. That organization of the airspace includes schemes for arrival and departure at the airport and approach procedures and a second round for the two directions of the runway for taking-off and landing (CIP). Implementation of the schemes and procedures depends on many factors, such as direction and speed of wind on the runway, take-off weight of the aircraft, linear and vertical speed of the aircraft, operating characteristics and limitations of the aircraft, 6
6. Please explain expected legal and financial implications of noise in relation to relevant legislation once air traffic movements exceed 50,000 ATM per annum? 7. What is the impact of the wind for the choice of runway direction? weather conditions, etc. BULATSA prepares aeronautical schemes for departures and arrivals from/to Sofia Airport and monitors their compliance. Regulation on air navigation services falls within the responsibility of Directorate General "Civil Aviation Administration" (CAA) to the Minister of Transport, Information Technology and Communications. Under the Environmental Noise Protection Act, Chapter Two "Strategic noise maps and action plans" for each "main airport" is being developed a strategic noise map and based on its Action Plan with specific measures to reduce and prevent from environmental noise. Measures, stipulated in the action plan, are implemented in time limits specified therein and are financed by the owners of sites and facilities - sources of environmental noise. Strategic map and Action Plan can be reviewed and, if necessary, updated at least once every five years from the date of approval by the competent authorities. Annex 6, folder12 The direction and the speed of the wind are the leading factor in choosing the direction of origin and destination, particularly for Sofia Airport are available two ways - namely, east direction or west direction. When the plane approaches for take-off in east direction, the approved trajectory of the aircraft inevitably goes over 7
8. How can the capacity be improved by new procedures, new equipment and more training of ATCs 4? What would be the ultimate capacity with these measures? Would it reach 40 ATMs/hour? 9. Are there any man-made or natural obstacles which penetrate the no-obstacle surfaces? If yes, how is that handled. 10. What would be the capacity of a dual runway system (segregated mode) with a distance between the runways of 210 meters? alternatively 420 meters? 760 meters? 11. What would be the preferred (or ideal) location and characteristics of the second runway? What would hourly capacity be with such runway? What are potential problems associated with it? 12. Will it be acceptable to design the second runway for 2.800 meters compared to the present runway of 3.600 meters. All code C aircraft can populated areas of the city of Sofia and is a potential source of aviation noise. While carrying out departure in west direction, although the trajectory of the aircraft follows another route, it also passes over the city of Sofia. As a rule, flights are operated respectively: landing in west direction and take off in east direction. This can be changed and planes can be directed to approach for landing in east direction and take-offs may take place in the west for various reasons: if you have the operational situation in the sky above the city of Sofia; heavy traffic at Sofia Airport, direction and force of the wind, etc. The capacity of the the runway can be improved by building new speed taxiway between taxiway Е and taxiway С, as set out in the approved master plan. 40 aircraft movements per hour is the maximum capacity for a track, reaching it may reflect on flight safety. All obstacles entering the surface free of obstacles areas are reflected in the AIP and they have previously been subject to a risk analysis. Irregularities of surfaces defined by Annex 14 are secured by flight procedures. This issue is subject to the provisions of the master plan, which will be elaborated by the future concessionaire. This issue is subject to the provisions of the master plan, which will be elaborated by the future concessionaire. This issue is subject to the provisions of the master plan, which will be elaborated by the 4 Authorized Training Centers 8
operate at 2.800 meters. If Code D or E aircraft arrive they can use the present runway. 13. Would it be possible to meet with BULATSA 5 management to discuss capacity related issues as it is very important to understand their approach and plans? The meeting can be open to all bidders. 14. In the tender material reference is made to ICAO 6 and IATA 7 standards but not to EASA 8 standards. However, Bulgaria being a member of the EU, is obliged to follow the EU-EASA Regulation 139/2014 and subordinated documents. Should we take into account EU- EASA regulation or ICAO and IATA standards for bid documentation? future concessionaire. In relation to your request for a meeting, you should keep in mind that under the Concessions Act and the Rules for Implementation of the Concessions Act is not possible to carry out actions related to the provision of information for granted concession, outside cases determined with the Concessions Act and its implementing rules. The procedure for obtaining additional information is specified in the documentation for participation in the procedure for granting a concession. The EASA regulations are leading, but they include texts, referring to ICAO and IATA. 5 Bulgarian Air Traffic Services Authority 6 International Civil Aviation Organization 7 International Air Transport Association 8 European Aviation Safety Agency 9