Question 1: Regarding proposed location of the equipment stockpiles, could you please advise if important technical requirements must be observed?

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1 (EMSA/NEG/1/2011) Service Contracts for Stand-by Oil Spill Recovery Vessel(s): Questions and Answers 2 Please find below the answers from the European Maritime Safety Agency to enquiries submitted with respect to the EMSA/NEG/1/2011 Service Contracts for Stand-by Oil Spill Recovery Vessel(s). Question 1: Regarding proposed location of the equipment stockpiles, could you please advise if important technical requirements must be observed? Answer to question 1: For this first phase of the procedure the applicant is only requested to identify the proposed location of the stockpile, e.g. a specific port, without providing more details on the storage conditions. The candidates passing this first phase will be requested to provide further details on the storage location and condition. For your information and reference only, please find below the expected requirements for the second phase (no need to address them in this first phase): In case the equipment is stored on shore, the storage place must comply with the following conditions: It must be secured, covered by a roof, and with adequate lighting. It must be provided with electricity and fresh water to facilitate maintenance of equipment. The equipment must be stored in such a way that there is sufficient space to handle it safely and with adequate access for means of transportation. In case the equipment is stored onboard the vessel, all parts must be well protected against the negative influence of the weather and seawater with canvas, containers or similar. Question 2: Regarding the structure of the initial mobilisation plan, please describe briefly an example? Answer to question 2: For this first phase the applicant is free to choose the structure of the mobilisation plan based on the information provided in the Invitation to Apply and Application Specifications. Page 1 of 5

2 However, please find below a suggested structure for this initial mobilisation plan: Usual or expected trade patterns of the ship. Indication of whether it is planned to store the equipment onboard or onshore. General indication on where and how it is planned to discharge cargo. General indication on the means to be used to load the Pollution Response Equipment onboard if applicable (e.g. port cranes, trucks, etc.) Rough estimation of Mobilisation time time elapsed from the Emergency Notice from EMSA until the vessel is empty, with the equipment onboard and ready to sail from the home port. Question 3: The budget distribution for Lot 5 (Black Sea) is the following: Lot Area Availability Fee Equipment Price per set Pre-fitting Price per vessel overall budget 5 Black Sea 2,4m 1,75m 0,6m 4,25m The total in the table is 4,25m instead of 4,75m ( 2,4m+ 1,75m+ 0,6m). What is the difference? Answer to question3: Please note that for this first phase no financial offer has to be presented. However please note the following: In order to be eligible all the budget ceilings indicated in the Application Specifications must be respected. This includes the overall ceiling for the contract and the individual elements ceilings (availability fee, pre-fitting and equipment). Adding the ceilings for the three individual elements you will reach an amount above the overall ceiling for the contract. Accordingly, when presenting an offer in the second phase, the tenderer cannot reach the ceiling for all individual elements. Following the case provided, for lot 5 the following ceilings are applicable: Overall Contract Ceiling: 4.25m Availability Fee Ceiling: 2.4m Equipment Ceiling: 1.75m Pre-fitting Ceiling: 0.6m In the table below you can find some examples of eligible and non-eligible bids for lot 5 which we hope will clarify this issue: Page 2 of 5

3 Bid Availability Equipment Pre- Overall Eligible Comment Fee fitting Bid No Bid Yes Bid No Overall budget ceiling not respected (4.75>4.25) All ceilings respected Pre-fitting ceiling not respected (0.75>0.6) Question 4: Do you require all official documents, declarations, PoAs (i.e. "document authorising the person heading the project to submit an application"), certificates, accounting statements etc. related to the application procedure to be notarized? Answer to question4: The sworn statement in front of a notary is only needed when any of the official documents requested does not exist within the administrative framework of the country where the company is based. For example, for one of the Exclusion Criteria it is requested to provide an extract from the judicial record. If this document (or similar) does not exist in the relevant country, the tenderer can provide a solemn statement in front of a notary indicating that it fulfils the exclusion criteria to which this document is referring to. Question 5: How long is the preparatory implementation phase (for pre-fitting of the vessel and purchase of equipment) expected/ allowed to take place? Answer to question 5: The preparatory phase starts on the day in which the contract is signed (expected in November 2011) and lasts until 30 th June However, the contract for lot 5 (Black Sea) is expected to be signed only in January Accordingly, the preparation phase will be extended until 30 th September 2012 approximately, although the specific date will be indicated during the second phase. Page 3 of 5

4 Question 6: During the service contract it is normal to expect that the vessel will be for some short period of time not readily available to perform the designated duty of a standby vessel i.e. planned special/ intermediate class survey/ dry-docking etc. How is this issue dealt with in the Service Contract? Answer to question 6: The service contract will be sent to the short listed candidates during the second phase. However, please note that the current clause related to this issue reads as follows: The Contractor is entitled to make port or dry dock repairs on (each of) the Vessel for up to 30 full days for the whole duration of the stand-by phase without any reductions of the Annual Availability Fee. If this period is exceeded, the Annual Availability Fee will be reduced proportionally to the number of additional days. Question 7: In your Contract Notice 2011/ S under section III.1.1), we note that deposits and guarantees are required. Could you please clarify this requirement? Answer to question 7: The Contract Notice as published by the Official Journal uses a pre-determined template. Accordingly, the headings are common for all publications and include a large range of conditions and factors that can be filled by the contracting authority when they are relevant to the procurement procedure. In this particular case you are referring to the heading regarding the existence of any deposits and guarantees. As it can be noted, there is no text written below the heading and therefore is not applicable to this particular Contract Notice. In summary, no deposit or guarantee is needed to participate in this tender. Question 8: We would like to know whether offering a vessel based in a port outside the geographical area of the lot would be a ground for exclusion from the procurement procedure. Answer to question 8: Please note that in this first phase the location of the vessel will not be a ground for exclusion. However, as indicated in the Application Specifications, the vessel should trade in the geographical area of the lot and, if necessary, can sail out of the lot as long as the service mobilisation time for the contracted response capacity is respected. Page 4 of 5

5 Please note that 16 th March is the deadline for submission of the light documentation in order to be pre-selected to participate in the 2 nd phase of the tender. General Comments regarding submission of Enquiries The deadline for additional submissions of enquires to the Agency, as indicated in the Invitation to Apply EMSA NEG/1/2011, point 9, has already passed. Accordingly, no further questions will be replied during this phase. Responsibility for monitoring the Agency s website for further information remains with the potential applicants. Page 5 of 5