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Denmark-Taastrup: Risk or hazard assessment for construction

2021/S 204-534413

Contract notice – utilities

Services

Legal Basis:
Directive 2014/25/EU

Section I: Contracting entity

I.1)Name and addresses
Official name: DSB
National registration number: 25 05 00 53
Postal address: Telegade 2
Town: Taastrup
NUTS code: DK01 Hovedstaden
Postal code: 2630
Country: Denmark
Contact person: Nicholaj Alstrøm
E-mail: niahal@dsb.dk
Telephone: +45 24683957
Internet address(es):
Main address: www.dsb.dk
Address of the buyer profile: https://eu.eu-supply.com/ctm/Company/CompanyInformation/Index/63264
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=310762&B=DSB
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=310762&B=DSB
Tenders or requests to participate must be submitted to the abovementioned address
I.6)Main activity
Railway services

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Overall Safety Assessment Future S-network

II.1.2)Main CPV code
71313410 Risk or hazard assessment for construction
II.1.3)Type of contract
Services
II.1.4)Short description:

SB is in demand of an overall assessment body (AsBo) for the program “Future S-network” (FS). Assessor must ensure an independent assessment of the suitability of both the application of the risk management process and of its results, as given in Article 6, Commission Implementing Regulation (EU) No 402/2013 of 30 April 2013 on the common safety method for risk evaluation and assessment and repealing Regulation (EC) No 352/2009.

II.1.5)Estimated total value
Value excluding VAT: 25 000 000.00 DKK
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.2)Additional CPV code(s)
71313410 Risk or hazard assessment for construction
II.2.3)Place of performance
NUTS code: DK01 Hovedstaden
Main site or place of performance:

Høje Taastrup

II.2.4)Description of the procurement:

SB is in demand of an overall assessment body (AsBo) for the program “Future S-network” (FS). Assessor must ensure an independent assessment of the suitability of both the application of the risk management process and of its results, as given in Article 6, Commission Implementing Regulation (EU) No 402/2013 of 30 April 2013 on the common safety method for risk evaluation and assessment and repealing Regulation (EC) No 352/2009.

II.2.5)Award criteria
Criteria below
Quality criterion - Name: Quality / Weighting: 75 %
Price - Weighting: 25 %
II.2.6)Estimated value
Value excluding VAT: 32 000 000.00 DKK
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 180
This contract is subject to renewal: no
II.2.9)Information about the limits on the number of candidates to be invited
Envisaged number of candidates: 5
Objective criteria for choosing the limited number of candidates:

The shortlisting of candidates invited to the tender will be based on an evaluation of which candidates have documented the most relevant deliveries, see section III.1.3), of the services covered by the Agreement, see the description in sections II.1.4) and II.2.4).

The evaluation of the most relevant deliveries will be made on the basis of the extent to which the references document experience with delivery of comparable services on the basis of the following listed criteria:

- Experience as Overall Assessor with assessment on a system level. (30%)

- Experience as Overall Assessor managing assessments from other assessors on subsystem level as part of the system integration assessment on system level. (10%)

- Experience with assessment of fully automated and driverless systems (automated infrastructure and driverless trains) from programs/projects equivalent to the program future S-network. This experience must originate from the conversion of existing railway systems (brownfield). (40%)

- Experience with assessment in a Danish context including collaboration with the Danish National Safety Authority knowledge of Danish legislation and executive orders for infrastructure and rolling stock, knowledge of Danish norms and standards from the infrastructure manager Banedanmark and knowledge of the current operation and traffic management of the S-network. (20%)

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation
III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions:

Candidates must be accredited in accordance with art. 7 in: COMMISSION IMPLEMENTING REGULATION (EU) No 402/2013 of 30 April 2013 on the common safety method for risk evaluation and assessment and repealing Regulation (EC) No 352/2009, paragraph 1, liter a.

III.1.3)Technical and professional ability
List and brief description of selection criteria:

The candidate must submit the ESPD with the following information:

A list of the 5 most significant comparable services (references), see sections II.1.4) and II.2.4), that the candidate has carried out in the last 3 years before the expiry of the application deadline.

References can be attached to the ESPD as a separate document.

Only references relating to services carried out at the time of application will be given importance in the evaluation of which candidates have documented the most relevant deliveries, see section II.2.9). Hence, in the case of an ongoing task, only the part of the services already performed at the time of application will be included in the evaluation of the reference.

Each reference is requested to include a brief description of the deliveries made. The description of the delivery should include a clear description of the delivered services and how the delivered services are comparable (section II.2.9) with the services described in sections II.1.4) and II.2.4). The reference is furthermore requested to include the financial value of the delivery (amount), the date of delivery and the name of the customer (recipient).

When indicating the date of the delivery, the candidate is requested to indicate the date of commencement and finalisation of the delivery. If this is not possible, for example if the tasks were performed on a continuous basis under a framework agreement, the candidate is asked to indicate the specification of the date.

No more than 5 references may be stated, irrespective of whether the candidate is a single operator, whether the candidate relies on the technical capacity of other entities, or whether the candidate is a group of operators (e.g. a consortium).

The ESPD serves as provisional documentation that the candidate's compliance with the selection criterion, see section II.2.9).

Before the decision to award the contract is made, the tenderer to whom DSB intends to award the contract must submit documentation that the information stated in the ESPD is accurate. No additional documentation of technical and professional capacity will be required from the candidate. However, the contracting entity reserves the right to con-tact the candidate or the customer stated in the reference for confirmation of the information stated in the reference, including the dates of the reference indicated.

III.1.7)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

Financing conditions and payment arrangements will be stated in the procurement documents.

Reference is furthermore made to the electronic invoicing required and the option of ordering electronically pursuant to (Consolidated) Act no. 798 of 28 June 2007 about payment to public authorities, etc., as amended. The consolidated act is available (in Danish) at www.retsinformation.dk.

III.1.8)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

No specific legal form is required.

If the order is awarded to a group of economic operators (e.g. a consortium), each participant of the group must assume joint and several liability and appoint a joint representative.

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Negotiated procedure with prior call for competition
IV.1.3)Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
Framework agreement with a single operator
In the case of framework agreements, provide justification for any duration exceeding 8 years:

- “Future S-network” is based on a long time horizon, and the Supplier must be commited to the same time horizon to ensure, that responsibility and liability are anchored.

- “Future S-network” relates to the procurement of long time assets with high-risk and high-cost

- Risk of large loss of knowledge

- Risk that a new supplier (assessor) does not approve a previous assessment

IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 15/11/2021
Local time: 13:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
IV.2.4)Languages in which tenders or requests to participate may be submitted:
Danish, English
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Duration in months: 3 (from the date stated for receipt of tender)

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about electronic workflows
Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used
VI.3)Additional information:

Participation in the tendering procedure may only take place by electronic means via the electronic tendering system used by the contracting entity, see the address set out in section I.3). The tendering procedure may be accessed under the tab "Ongoing public invitations to tender". For access to the procurement docu-ments, the candidate must be registered or register as a user.

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If the application contains several versions of the same document, the latest uploaded version will apply.

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All communication in connection with the tender procedure, including questions and answers, must take place through the electronic tendering system.

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Interested operators are requested to keep updated via the electronic tendering system. If the candidate encounters problems with the system, please contact support by e-mail, dksupport@eu-supply.com, or telephone (+45) 70 20 80 14.

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The candidate must submit as its application an ESPD as preliminary documentation of the circumstances set out in section 148(1), paras (1)-(3) of the Danish Public Procurement Act, cf. s.11 of Ministerial Order on procurement by entities operating in the water, energy, transport and postal services sectors. For groups of operators (e.g. a consortium), a separate ESPD must be submitted for each participating economic operator. If the candidate relies on the capacity of other entities, an ESPD must be submitted for each of the entities on which the candidate relies.

The candidate must also submit a letter of commitment in which the entity/entities on which the candidate relies has/have undertaken joint and several liability with the candidate if the candidate is awarded the contract. The form is enclosed as an attachment to the tender specifications.

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Before the decision to award the contract is made, the tenderer to whom the contracting entity intends to award the contract must provide documentation of the information submitted in the ESPD pursuant to sections 151 and 152(3), cf. section 11 of the Danish Order on Implementation (implementeringsbekendtgørelsen).

In the event of change of the tenderer, the provisions of s.147 of the Danish Public Procurement Act will apply in their entirety.

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As regards sections II.1.5) and II.2.6), it should be noted that the estimated value of the framework agreement is DKK 20-30 million. The range indicated is based on the uncertainty as to the final value of the framework agreement. The lower limit of the range thus expresses DSB’s estimate of the framework agreement’s expected minimum value of all Services delivered in the term of the Agreement, whereas the upper limit of the range is an expression of the expected maximum value of all Services delivered in the term of the Agreement. DBS’s expectations based on the most likely amount of business on the Agreement are thus taken into account, as well as the expected uncertainty of this estimate.

As regards the lower limit, it is emphasised that the tenderers are not guaranteed any minimum business on the Agreement; the estimate indicated is therefore not an acceptance on the part of DSB of a minimum amount of business on the Agreement.

DSB’s estimate is based on the expected workload in the term of the framework agreement compared to DSB's insight into the relevant market prices.

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It is specifically pointed out to the tenderer that the tenderer is bound by the prices offered, irrespective of the turnover specifically achieved under the framework agreement, i.e. also if the specific turnover deviates from the estimates, both up and down.

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As regards section II.2.9) it should be noted that each candidate may only submit one application for prequalification.

VI.4)Procedures for review
VI.4.1)Review body
Official name: Klagenævnet for Udbud
Postal address: Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405708
Internet address: https://erhvervsstyrelsen.dk/klagevejledning-0
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Pursuant to the Danish Act on the Complaints Board for Public Procurement, etc. (lov om Klagenævnet for Udbud m.v.) (the Act is available (in Danish) at www.retsinformation.dk), the following deadlines apply to the lodging of complaints:

Complaints for not having been selected must be submitted to the Danish Complaints Board for Public Procurement before the expiry of 20 calendar days, see section 7(1) of the Act, from the day after submis-sion of notification to the candidates concerned of the identity of the successful tenderer where the notifi-cation is accompanied by an explanation of the grounds for the decision in accordance with section 2(1), para (1) of the Act.

In other situations, complaints of award procedures, see section 7(2) of the Act, must be lodged with the Danish Complaints Board for Public Procurement before the expiry of:

1) 45 calendar days after the contracting entity has published a notice in the Official Journal of the Euro-pean Union that the contracting entity has entered into a contract. The deadline is calculated from the day after the day when the notice was published.

2) 30 calendar days calculated from the day after the day when the contracting entity has notified the can-didates concerned that a contract based on a framework agreement with reopening of competition or a dy-namic purchasing system has been entered into where the notification has included an explanation of the relevant grounds for the decision.

3) 6 months after the contracting entity entered into a framework agreement calculated from the day after the day when the contracting entity notified the candidates and tenderers concerned, see section 2(2) of the Act.

Not later than at the time of lodging a complaint with the Danish Complaints Board for Public Procure-ment, the complainant must notify the contracting entity in writing that a complaint has been lodged with the Danish Complaints Board for Public Procurement and whether the appeal was lodged during the stand-still period, see section 6(4) of the Act. In cases where the complaint was not lodged within the standstill period, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see clause 12(1) of the Act.

The e-mail address of the Complaints Board for Public Procurement is set out in section VI.4.1).

The Complaints Board’s own complaints procedure is available at https://klfu.naevneneshus.dk/

VI.4.4)Service from which information about the review procedure may be obtained
Official name: Konkurrence- og Forbrugerstyrelsen
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postal code: 2500
Country: Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Internet address: http://www.kfst.dk
VI.5)Date of dispatch of this notice:
15/10/2021

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