REPUBLIC OF BULGARIA MINISTER OF TRANSPORT, INFORMATION TECHNOLOGY AND COMMUNICATIONS

Transcription

1 REPUBLIC OF BULGARIA MINISTER 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 In response to a question provided on In Section VI "Criteria for selection of you confirmed that a participants under Art. 26, para. 1 of the company incorporated less than 3 Concessions Act and minimum level of the financial years ago may participate in the applicable requirements on their concession award procedure provided that the requirements of the Financial and Economic Status criterion are evidenced by the presented annual financial report. According to Art. 26, Para 3 of the implementation", item 6.1. of the Tender documents is indicated that the criterion "Economic and financial status" includs in item registered own capital/equity not less than 200,000,000 (two hundred million) Concessions Act the financial and BGN. economic status criterion is to be evidenced by registered fixed capital of the participant or its annual financial reports for the last three years. The registered fixed capital indicated in Art of the Tender Documentation represents an element of the content of the Financial and Economic Status criterion within the meaning of Art. 26, Para 1, item 2 of the Concessions Act. The evidencing of that criterion pursuant to Art. 26, Para 3 of the Concessions Act must be made in one of three alternative ways, only one of which is the annual financial reports for the last three years. Given the above, please confirm that a To prove the criterion "Economic and financial status" the participants under Section VII "Documents proving the minimum applicable requirements on the implementation of the criteria for selecting participants in Section VI", submit annual financial statements for the last 3 financial years, companies incorporated before less than 3 financial years may participate in the procedure for granting the concession, provided that the submitted annual financial statements prove the requirements of criterion "Economic and financial status". The companies incorporated before the expiry of one financial year to the date of submission of the offer and do not have an annual report may participate in the procedure for granting a company incorporated prior to the concession, provided that they submit a completion of one financial year before document proving the amount of the registered

2 submission of the tender, which therefore has not and cannot have a compound annual financial report, may prove that it meets the criterion under Art of the Tender Documentation by excerpt from the Commercial Register for registered capital of not less than BGN 200 million. share capital for participant amounting to not less than 200,000,000 (two hundred million) BGN. QUESTION ANSWER 1 Please confirm that all current and completed construction works, which have not been put into use yet, have been completed and will be carried out in full compliance with the applicable Bulgarian legislation and there are no and there will be no shortcomings and/or violations of the regulations, which may result in the refusal by the competent authority to put the building/facility into use. 2 Please provide an exhaustive list of all easement rights established over the concession area or over any real estates of third parties for the purposes of the Sofia Airport activities, by indicating the affected real estate and the creator of the easement right. Please also provide an exhaustive list of all third party rights on access lines (such as but not limited to underground pipes, underground power lines, above ground pipes, above ground power lines, railroad tracks, access roads, etc.), which are located outside of the concession area but are required for access and supply/disposal of Sofia Airport, to the tender commission. 3 Please provide an exhaustive list of all planned and current construction works in respect of Sofia Airport. Please indicate the stage that they are on. 4 Please confirm that there are no existing encumbrances, liens, pledges, injunctions or other For the completed construction works relevant competent authorities have the discretion to rule on their compliance with the applicable Bulgarian legislation, resulting in was putting into operation of the completed works. For ongoing construction works that have not yet been put into operation the relevant authorities will rule on their compliance with the applicable Bulgarian legislation, under which will be issued relevant documents. Not available documents of easement and/or right of ways established on the concession area for the activities of Sofia Airport. - Annex 7.1 from folder 18 - Annex 7.2 from folder 18 - Annex 7.3 from folder 18 - Annex 7.4. from folder 18 - Annex 7.5 from folder 18 -Annex 7.6 from folder 18 -Annex 7.7 from folder 18 -Annex 7.8 from folder 18 -Annex 7.9 from folder 18 Not available documents of easement and/or right of way. (See paragraph 26 of the Energy Act.) Annex 3 folder 19 According to information available at the time there were no liens, existing encumbrances and f pledges on the assets of "Sofia Airport" EAD 2

3 restraints over the assets of Sofia Airport EAD and the future Object of the Concession exist. Please also confirm that no liens on assets of Sofia Airport EAD and over the future Object of the Concession can be imposed from the current lenders of Sofia Airport EAD, in case their outstanding debt would not be repaid by Sofia Airport EAD before start of concession. 5 Given that in response to our request for combined layouts you answered that there are no such layouts, please submit a request to the Geographic Information System Sofia for issuance of such combined layouts for full/partial identification of each of the land plots subject to the concession, with data for cadastral and special development history for each land plot from 1990 until now. 6 Please specify as of today the exact number of employees of Sofia Airport EAD who will be transferred to the Concessionaire. 7 Please provide a copy of all of the Service Module Agreements, currently into effect, which has been concluded on the basis of the Worldtracer Service Agreement between Societe Internationale de Telecommunications Aeronatiques and Sofia Airport dated 4 April Please provide cop(ies) of all Service Module Agreement(s), which have been concluded and are currently into effect on the basis of the Master Services Agreement and the site of the concession. The site of the concession has no existing encumbrances, liens, pledges, injunctions or other restraints. Such are not met by the assets of "Sofia Airport" EAD. According to the draft concession agreement, item the concessionaire confirms that it has made its own assessment of the site of the concession and estimation of it. In the attached to the documentation for participation sketches of land plots in the cadastral map are recorded numbers of each land plot by a previous plan. For the land plots, included in the concession area has not been performed a modification of the cadastral map after its approval by Order RD-18-85/ The land plots in the cadastral map match to zoned land by DSDP or are part of zoned land. The acts for public State property describe all previous documents. The full and partial identity of the land plots is limited to the information provided. Available for review on the spot under the terms and conditions set out in Section III pt of Documentation for participation in the procedure in dwg and pdf formats - Annexes from folder 18. Annex 6 folder 19 The contract is renewed automatically, so no other additional contracts have been issued. 3

4 between SITA N.V and Sofia Airport effective as of 1 March Please confirm that the references contained in Articles and of the draft Concession Agreement are wrong because they refer to Articles and of the Concession Agreement. There are no articles and of the Concession Agreement. Please confirm that the reference in Article of the draft Concession Agreement to Article 48e, Para 3, item 8 of the Civil Aviation Act is wrong because the license under Article 48e, Para 3, item 8 of the Civil Aviation Act should not mandatorily be obtained by the Concessionaire. Please correct the wrong references. 10 According to Article 54.3 of the draft Concession Agreement the Concessionaire shall introduce and maintain efficient information and communication system and provides the Concession Grantor with computerized information on all aspects of the activities, necessary for the provision of the Airport Services and for continuous monitoring. Could you please clarify how you see implementation of this obligation? Must the Concessionaire provide the Concession Grantor with direct ongoing access to the systems of the Concessionaire? 11 Please confirm that the reference contained in Article of the draft Concession Agreement to Appendix 13 is wrong and must be replaced by reference to Appendix 14 (Effective Insurance Agreements). 12 Please confirm that no liens on assets of Sofia Airport EAD, also on movable assets or assets under Annex 8 folder 19 The references in Art and Art of the draft concession agreement will be adjusted and accordingly will refer to Art , "в" of the Agreement. The reference in Art of the Agreement will be adjusted, as will refer to art. 48д, para. 3 pt. 1-7 by the Civil Aviation Act. In art. 23 of the Agreement is given the control of the Grantor on the activities of the concessionaire, including but not limited to the order in which checks are carried out by the Grantor. It is not necessary to give the Grantor continuous direct access to the systems of the Concessionaire. The reference in Art will be adjusted and accordingly will refer to Annex 14. The assets included in Annex 3.7.have been declared for public State property by Decision 264/ of the Council of Ministers and 4

5 Appendix 3.7/3.8 of the tender documentation, can be imposed from the lenders under diverse cases as follows: MAK/ADMAK (arbitration case with ref. No EC/GZ/GFG Arbitration Court of Paris), Dentons Europe, Paris (arb. case No 23/2015 Arbitration Court of the Bulgarian Chamber of Commerce and Industry), G.I.S.A. bg EOOD (enforcement case No 304/2014) 13 Please confirm that all assets listed under Appendix 3 (especially appendices 3.7 and 3.8) will be included in the Object of the Concession without obliging the Concessionaire to pay a purchase price or a charge for usage of those assets and that these assets will not need to be additionally acquired by the Concessionaire. Please confirm that any wrong references to Appendix 3 (especially appendices 3.7 and 3.8) in the draft concession agreement and the tender documentation will be amended accordingly. there are no liens on them. Assets in Annex 3.8, located at Sofia Airport are owned by DG CAA and there are no liens on them. Regarding the case with Mac/Admak we forward to item (p. 32) of the Documentation for participation in the opened procedure for granting a concession for service for object "civil airport for public use Sofia" - public state property. "..Party to that arbitration proceedings is "Sofia Airport" EAD. For the concessionaire does not exist any obligation to participate in that procedure, and there is no payment of any amounts in case of declaration of enforceability of arbitration." In the course of the case was allowed collateral receivable and private bailiff require attachment of bank accounts of "Sofia Airport" EAD. In terms of the arbitration case with Dentons Europe, Paris, in the course of proceedings is not requested and not imposed a lien on assets owned by "Sofia Airport" EAD. The obligation to G.I.S.A. bg EOOD (Executive. case 304/2014 of private bailiff) was paid by "Sofia Airport" EAD. The assets referred to in Annex 3.1., Annex 3.2. Annex 3.3., Annex 3.5., Annex 3.6., Annex 3.7., Annex 3.8. of the Documentation for participation are part of the concession object and concessionaire does not owe any payment for them or other consideration for their acquisition. On the territory of Sofia Airport are situated movable assets owned by "Sofia Airport" EAD set out under Annex of the Documentation for participation. Under the terms specified in the draft concession agreement, the participant selected as a concessionaire has the right to buy or rent movable assets of "Sofia Airport" EAD related to the implementation of the management and operation of the concession site. At the site of the concession are not include land plots, buildings - public state property, plant and equipment provided for management and use by State enterprise "Air Traffic Control" listed in Annex 3.9. Not part of the concession site are: VIP platform 1 with an area of sq. m, platform of 28th Air Detachment with an area of sq. m, with coordinates of the boundary points listed in 5

6 14 Has the term of the agreement with Auto Plus Bulgaria AD dated 22 June 2012 for supply of automobile spare parts and consumables been extended and if yes until when? If a new agreement with the same subject matter has been entered into please provide that in the data room. 15 Please confirm the two financing agreements (the one from the Kuwaiti Arab Economic Development Fund as of 1998, as amended, and the other from the European Investment Bank as of 1998, as amended) would be fully repaid as of signing the concession agreement and the lenders would not be entitled to any claims and enforcement actions against assets which shall be included in the concession. 16 Please provide a list of all contracts concluded by Sofia Airport EAD that will have to be assumed by the Concessionaire which will expire and be renewed or extended within the next 6 months. Please confirm Annex 3.4. and an area of 1120 sq. m of cultivated plot for service dogs of the Ministry of Internal Affairs with coordinates of the boundary points, Application 3.4. The draft concession agreement Annex 1 contains the subject of the concession, consisting of Airport assets - public state property, which is transmitted from the grantor to the concessionaire. The draft concession agreement in Annex 17 are indicated all assets - property of "Sofia Airport" EAD related to the subject of the concession, which are available to the concessionaire and he may at its discretion purchase or rent them. Contract 100-Д-133/ , with the "Auto Plus Bulgaria" AD has expired and was not renewed. At present by Decision 489/ has been started a procedure for the award of public procurement "Implementation of a constant supply of automotive spare parts and consumables for requests of the sponsor" for a period of one (1) year, which till this moment is not yet concluded. The financing agreement (the Loan Agreement by the Kuwait Arab Economic Development Fund (KFAIR) as of 1998 (subsequently amended) and the financing agreement with the European Investment Bank as of 1998 (as subsequently amended) are fully repaid. The early repayment of the loan to the European Investment Bank on behalf of "Sofia Airport" EAD has been committed on September 5, 2016, for which the Management agreement concluded between the Government of the Republic of Bulgaria and "Sofia Airport" EAD is terminated. On , "Sofia Airport" EAD has made a payment of dues amounting to US dollars (equivalent to Kuwait dinars) and US dollars (equivalent to Kuwaiti dinars) which extinguished completely the drawn and due amounts to KFAIR. 6

7 that the termination provisions under such renewals/extensions will allow for early termination and will not have unreasonable terms. 17 According to the information provided in the data room based on the Framework Agreement between Sofia Airport EAD and GBS Partners, Hydrostroy SAPLAT and Trace Air with a maximum value of BGN 96,426,000 ex VAT (the Framework Agreement ), Sofia Airport EAD has entered into the following agreements (the Agreements ): (i) three separate contracts with GBS Partners dated respectively 10 November 2015, 29 December 2015, 14 March 2016; (ii) two contracts with ROUTEX OOD dated 11 February Please confirm that apart from the Agreements listed above, Sofia Airport EAD has not entered any further contracts for the assignment of new works under this Framework Agreement. What part of the maximum value of BGN 96,426,000 ex VAT has been reached? What is the stage of implementation of the Agreements listed above and what part of the payments thereunder have been performed? Please clarify if Sofia Airport EAD intends to assign new works under the Framework Agreement? If yes at what amounts? The Framework Agreement expires on 31 January Please confirm that the Framework Agreement will not be extended. 18 In response to a question provided on you confirmed that a company incorporated less than 3 financial years ago may participate in the concession award procedure provided that the requirements of the Financial and Economic Status criterion are evidenced by the Annex 16 from folder 19 - details of all contracts that will expire and will be renewed or extended within the next six months from Annex 17 from folder 19 In Section VI "Criteria for selection of participants under Art. 26, para. 1 of the Concessions Act and minimum level of the applicable requirements on their implementation", item 6.1. of the Tender documents is indicated that the criterion "Economic and financial status" includs in item registered own capital/equity not 7

8 presented annual financial report. According to Art. 26, Para 3 of the Concessions Act the financial and economic status criterion is to be evidenced by registered fixed capital of the participant or its annual financial reports for the last three years. The registered fixed capital indicated in Art of the Tender Documentation represents an element of the content of the Financial and Economic Status criterion within the meaning of Art. 26, Para 1, item 2 of the Concessions Act. The evidencing of that criterion pursuant to Art. 26, Para 3 of the Concessions Act must be made in one of three alternative ways, only one of which is the annual financial reports for the last three years. Given the above, please confirm that a company incorporated prior to the completion of one financial year before submission of the tender, which therefore has not and cannot have a compound annual financial report, may prove that it meets the criterion under Art of the Tender Documentation by excerpt from the Commercial Register for registered capital of not less than BGN 200 million According to the information provided in the data room a Framework Agreement has been concluded between Sofia Airport EAD and Vera Stroi EOOD and Denivo Group EOOD dated 22 December 2015 (the Framework Agreement ). less than 200,000,000 (two hundred million) BGN. To prove the criterion "Economic and financial status" the participants under Section VII "Documents proving the minimum applicable requirements on the implementation of the criteria for selecting participants in Section VI", submit annual financial statements for the last 3 financial years, companies incorporated before less than 3 financial years may participate in the procedure for granting the concession, provided that the submitted annual financial statements prove the requirements of criterion "Economic and financial status". The companies incorporated before the expiry of one financial year to the date of submission of the offer and do not have an annual report may participate in the procedure for granting a concession, provided that they submit a document proving the amount of the registered share capital for participant amounting to not less than 200,000,000 (two hundred million) BGN. Annex 19 from folder 19 Could you please clarify whether Sofia Airport EAD has assigned works under the Framework Agreement? If yes, please provide us with information about the assigned works (parties, value, 8

9 subject), what is the stage of implementation of the assigned works and what part of the payments thereunder have been performed? Please also clarify what part of the maximum value of the Framework Agreement has been reached by now? Please clarify if Sofia Airport EAD intends to assign new works under the Framework Agreement? If yes, at what amounts and would they include construction works? The Framework Agreement expires on 22 December Please confirm that the Framework Agreement will not be extended by Sofia Airport EAD. I. Financial and Tax 1 In prargraph of the tender documentation it is stipulated that a seperate financial model of regulated activities shall be presented with regard to proofing the proposed regulated return. Could you please explain the difference between this model and the financial model for the term of concession mentioned in paragraph 8.7.? Could the financial model of regulated activities be included in the financial model mentioned in paragraph ? 2 In Articles and of the Tender Documents it is stipulated how the pro-forma statements and the financial model shall be presented in the bid. Could you please confirm that the electronic copies in Microsoft Excel version 2000 or higher should be presented without any hidden formulas? 3 In Article of the Tender Documents it is stipulated how the financial model shall be presented in the bid. Could you please clarify which parts of the financial model should be presented as hard copies (input sheets, calculation sheets, pro-forma statements)? The financial model of regulated activities can be part of the financial model under paragraph 8.7. of the Documentation for participation in the procedure as it should be explicitly referred to the financial parameters (revenues, expenses, etc.) separately for regulated and unregulated activities per year for the duration of the concession, so that it makes clear that the conditions under item 6.17 from CMD 419/2016 are met. As stated in paragraph of the Documentation of participation, all electronic files of the financial model are presented without any hidden cells and formulas. On paper are presented all tables contained in the electronic file of the financial model, including dll sheets (i.e. Excel sheets). The content of the electronic file and the one on paper should be identical. 9

10 4 In Article of the Tender Documents it is stipulated how the financial model shall be presented in the bid. Should the electronic copy in Microsoft Excel version 2000 or higher be protected by a password? III. Tender documents 1 Referring to articles to of the tender documentation, please confirm that any such document which has originally been issued in Bulgarian language (independent from the type of document) is not required to possess a certificate of an official translation office. Furthermore, please confirm that delivering the ""offer"" in Bulgarian language together with such documents, which were issued in another language than the Bulgarian language und that have been officially translated into Bulgarian language, is sufficient. 2 For the subcontractors which have to be indicated in Annex 7 paragraph II.6. it may not be possible to exactly define these subcontractors because negotiations with such subcontractors and closing of contracts with such subcontractors will be done at a later stage after the concession has started. Therefore, the details requested in Annex 7 paragraph II.6. (such as but not limited to: name, share of every subcontractor, address of subcontractor etc.) will naturally not be known at the time of submitting the bid and can therefore not be indicated. For these cases, please give clear indication which - more general - information shall be alternatively indicated in the bid. IV. Masterplanning & Infrastructure 1 According to Art of the draft concession agreement the concessionaire will have to The electronic version in Microsoft Excel of the financial model can be protected by a password at the discretion of the participant. In this case, the password should be provided to the Commission in order to provide an opportunity to review the files. The offer is submitted in Bulgarian language and the documents attached to it in the language of issue together with the official translation into Bulgarian language. If the documents are issued in original in Bulgarian language, it is enough to be submitted. Leading for the participant when submitting the information for subcontractors is to be mentioned the types of activities, which they will perform in the execution of the concession contract. The capacity of the runway at Sofia Airport is calculated by DP "ATC" and approved by DG "CAA" in There are two runway capacities 10

11 construct a new runway at its own expense once 70% of its capacity is reached. Please advise if capacity is defined as the technically possible ATM/hour, ATM/day or ATM/year and explain the underlying methodology. 2 We understand that currently, 40 ATM/hour are technically possible at Sofia Airport. Please confirm. VII. Operations 1 Please disclose or make available the agreements of Sofia Aiport EAD with Ryanair. QUESTION ANSWER 1 We have several additional questions regarding the railway subject to the Contract between Sofia Airport EAD and BDZ Tovarni Prevozi EOOD dated What does Sofia Airport EAD use the railway for? Given that (according to your answers from ) the railway is part of the concession object could you please clarify which precise obligations does the concessionaire have to fulfill in this regard? Is there in any way a risk, that the future concessionaire might not be allowed to cross the third party owned section of the railroad track or that high charges will be raised for that? If there is such a risk, how could that be mitigated? 2 If after entering into force of the Concession Agreement Manti-Co OOD creates obstacles to the on Sofia Airport: 1. for 60 minutes - 22 aircraft movements (takeoffs and landings). 2. for 20 minutes - 8 aircraft movements (takeoffs and landings). 40 aircraft movements per hour are technically possible after improving the capacity of the runway. The capacity of the runway can be improved by building a new speed taxiway between taxiway E and taxiway C, as set out in the approved master plan. 40 aircraft movements per hour is the maximum capacity for a track and reaching it can reflect on flights safety. The use of incentive discounts on the amount of airport charges is not subject to individual contract. The Stimulating discounts programme for traffic development is opened for all airport users. It contains transparent criteria for granting different types of discounts and any airline can benefit in achieving compliance. So far "Sofia Airport" EAD has not signed contracts with "Ryan Air" for rental of premises. Annex 1 from folder 19 "Sofia Airport" EAD has signed a contract to use the track, located on the property owned by "Manti Co." OOD for a period of two years with 11

12 concessionaire to use the railway line of Manty Co OOD, such as terminates the existing rental agreement, refuse to enter into a new rental agreement and/or refuse to enter into a contract for establishment of servitude rights, is it possible for the concession grantor to procure the establishment of easement right of passage for the entire term of the Concession Agreement through the real estate and the railway line of Manty Co OOD through issuance of appropriate administrative act (order) of the competent administrative body? 3 Please confirm what is the area of RRE VIII for VIP Terminal, indicated in art of the Concession Agreement and which are the neighboring real estates? Please confirm whether RRE VIII for VIP Terminal is identical to real estate with cadastral identification No if not, please specify to which plot as per cadastral identification No. is RRE VIII for VIP Terminal identical? 4 Appendix 11 of Folder 18 in the Data Room is missing please present it. 5 If RE 123, with area sq. m. has been purchased by Sofia Airport EAD, what was the legal ground this area, located in RE , to become public state property and the title to be transferred from Sofia Airport EAD? Is there a Resolution of the Council of Ministers for the purpose. effect from , and is currently running. Ensuring the use of the track is subject of a contractual relationship between the concessionaire and the third person, as the grantor has no legal powers to bind with his acts private individuals. RRE VIII for VIP Terminal is identical to land property with cadastre identifier and has an area of cadastral map of 38,132 sq. m It is bordered by: on south with RE and RE , on east with RE and on north with RE The land property is not included in the concession area. Annex 3.1. from folder 19 - Sketch of RE with cadastral identifier Annex 11 is available for review in folder 18. The part of RE 123 (in old Cadastre), which is part of the subject of concession is part of the RE with identifier , for which is composed APDS 09133/ The rest - RE withidentifier is quoted in item of the CMD 419/20 May There is available Order for the transaction with RD / , which ordered to "Sofia Airport" EAD to purchase the abovementioned land property. The property was purchased for the purposes of realization of the project "Reconstruction, Development and 12

13 Extension of Sofia Airport", which project makes an object public state property. The funds for the acquisition of property were restored to the company of capital transfer (the state budget). 6 Appendix 31 of Folder 18 does not address the question raised. Please respond to the question raised. 7 In response to our question Please confirm that all real estates subject to the concession area are free of encumbrances, mortgages, pledges, foreclosures, limited property rights and / or any other rights and claims of third parties that may hinder or impede the Concessionaire to exercise and to fulfill its obligations under the Concession Agreement. If there are such encumbrances, rights or claims, please indicate them explicitly and present documents in this regard you answered only that there are no legal disputes, without mentioning what is the situation regarding encumbrances, mortgages, pledges, foreclosures, limited property rights or any other rights of third parties. Please provide full and exhaustive answer to the question raised. 8 In response to our question Please confirm that all movables that will be subject to the concession, as well as those indicated in Annex 4 to the tender documentation are free from any third parties rights, encumbrances, pledges, attachments, security interests and any other rights and claims of Annex 5 from folder 19 - copy of Order RD / The answer is in Annex 31 from folder 18. With respect to the properties subject of the concession, there are no encumbrances, mortgages, pledges, foreclosures, limited property rights and any other rights and claims of third parties. At present the assets - movable property subject of the concession (included in Annex 3.7, wich have obtained a status of public state property by Decision 264/ of the Council of Ministers), as well as those indicated in Annex 4 to the Tender documents are free from any third parties rights, encumbrances, pledges, attachments, security interests and any other rights and claims of third parties. The movable property included in Annex

14 third parties. In case of assets over which there are security interests/rights/claims of third parties, please list them and provide any documents in this regard you confirmed that there are no encumbrances over movable assets subject to the concession. Please provide full answer to the question raised, including regarding the movables under Annex 4 to the tender documentation. of Tender documents located at Sofia Airport are owned by DG "CAA" and are free from any third parties rights, encumbrances, pledges, attachments, security interests and any other rights and claims of third parties. 14