Licitation

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244/2024

1. Køber

1.1.

Køber

Officielt navn: Energinet Eltransmission

E-mail: procurement@energinet.dk

Den ordregivende enheds aktiviteter: Produktion, transport eller distribution af gas eller varme

2. Procedure

2.1.

Procedure

Titel: ORH-VONØ Offshore works

Beskrivelse: The Contracting Authority wants to purchase Contractor’s scope of work incl. load out from a port in Denmark, transportation, laying, and protection of 2x7 km submarine cables across the Storstrømmen straight. The work is expected to take place in 2026 and needs to be completed by summer of 2027. For further details concerning the purchase, reference is made to the tender documents.

Identifikator for proceduren: cff3a31b-af47-4550-a260-a521c82bea6c

Intern ID: 24/06488

Udbudsprocedure: Udbud med forhandling/indkaldelse af tilbud med forudgående offentliggørelse

2.1.1.

Formål

Kontraktens hovedformål: Bygge og anlæg

Primær klassifikation (cpv): 45314310 Kabellægningsarbejder

2.1.2.

Udførelsessted

Land: Danmark

Hvor som helst i det pågældende land

Yderligere oplysninger: South Zealand and Falster

2.1.3.

Værdi

Anslået værdi eksklusiv moms: 70 000 000,00 DKK

2.1.4.

Generelle oplysninger

Yderligere oplysninger: Tenders submitted must be valid for at least 6 months. If you wish to apply to participate in this tender process, the corresponding ESPD must be filled in. The ESPD for this tender process can be found in EU-Supply. The ESPD must be filled in in EU-Supply, after which it is submitted via "My answer". Guidelines for completing the ESPD can be found on the website of the Konkurrence- og Forbrugerstyrelsen, www.kfst.dk (The contracting entity does not take responsibility for the content of the guidance). Please note the following: - An applicant who participates alone, but relies on the capacity of one or more other enti-ties (e.g. a parent company or sister company or subcon-tractor) shall ensure that the application is accompanied by both the applicant's own ESPD and a separate ESPD for each entity on which it wishes to rely, with a completed Part II "Information on the economic operator" and Part III "Grounds for exclusion" as well as relevant information concerning Part IV "Selection criteria" and Part V: "Limiting the number of qualified applicants". The attached ESPD from those other entities should be duly completed and signed. In addition, the submission of final evidence must also be accompanied by evidence of the commitment of these entities/subcontractors in this respect in the form of a statement of support. - Where groups of economic operators, including temporary associations, apply together, a full ESPD shall be filled in separately for each participating economic operator containing the required information. The final documentation must also be accompanied by a Consortium Declaration, by which the parties declare to be a consortium or other form of association jointly and severally, unconditionally, and directly liable for the fulfilment of the contract tendered.

Retsgrundlag:

Direktiv 2014/25/EU

2.1.6.

Udelukkelsesgrunde

Korruption: Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for corruption, by a conviction ren-dered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, OJ C 195, 25.6.1997, p. 1, and in Article 2(1) of Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ L 192, 31.7.2003, p. 54). This exclusion ground also includes corruption as defined in the national law of the contracting authority (contracting entity) or the economic operator. " For Danish applicants/tenderers the documentation is entailed in the “Serviceattest” which can be acquired from the Danish Business Authority. The time frame from request of a Serviceattest until receipt is usually two weeks. For foreign applicants/tenderers it is the experience of the Contracting Authority that the time frame for receipt of this documentation varies within the individual member states. As a result, The Contracting Authority strongly advises for-eign applicants/tenderers to obtain this documentation as early as possible. Preferably the documentation should be ready and availa-ble already in connection with the prequalification. The EU Com-mission has launched e-CERTIS, a free, on-line source of information to help companies and contracting authorities to deal with different forms of documentary evidence required when tendering for public contracts. Information regarding relevant certificates can be obtained from: https://ec.europa.eu/tools/ecertis/#/search

Deltagelse i en kriminel organisation: Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for participation in a criminal organisation, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Article 2 of Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ L 300, 11.11.2008, p. 42). For Danish applicants/tenderers the documentation is entailed in the “Serviceattest” which can be acquired from the Danish Business Authority. The time frame from request of a Serviceattest until receipt is usually two weeks. For foreign applicants/tenderers it is the experience of the Con-tracting Authority that the time frame for receipt of this documen-tation varies within the individual member states. As a result, The Contracting Authority strongly advises foreign applicants/tenderers to obtain this documentation as early as possible. Preferably the documentation should be ready and available already in connection with the prequalification. The EU Commission has launched e-CERTIS, a free, on-line source of information to help companies and contracting authorities to deal with different forms of documentary evidence required when tendering for public contracts. Information regarding relevant certificates can be obtained from: https://ec.europa.eu/tools/ecertis/#/search

Hvidvaskning af penge eller finansiering af terrorisme: Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for money laundering or terrorist fi-nancing, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction contin-ues to be applicable? As defined in Article 1 of Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15). For Danish applicants/tenderers the documentation is entailed in the “Serviceattest” which can be acquired from the Danish Business Authority. The time frame from request of a Serviceattest until receipt is usually two weeks. For foreign applicants/tenderers it is the experience of the Con-tracting Authority that the time frame for receipt of this documentation varies within the individual member states. As a result, The Contracting Authority strongly advises foreign applicants/tenderers to obtain this documentation as early as possible. Preferably the documentation should be ready and available already in connection with the prequalification. The EU Commission has launched e-CERTIS, a free, on-line source of information to help companies and contracting authorities to deal with different forms of documentary evidence required when ten-dering for public contracts. Information regarding relevant certificates can be obtained from: https://ec.europa.eu/tools/ecertis/#/search

Svig: Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for fraud, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? Within the meaning of Article 1 of the Convention on the protection of the European Communities' financial interests (OJ C 316, 27.11.1995, p. 48). For Danish applicants/tenderers the documentation is entailed in the “Serviceattest” which can be acquired from the Danish Business Authority. The time frame from request of a Serviceattest until receipt is usually two weeks. For foreign applicants/tenderers it is the experience of the Contracting Authority that the time frame for receipt of this documentation varies within the individual member states. As a result, The Contracting Authority strongly advises foreign applicants/tenderers to obtain this documentation as early as possible. Preferably the documentation should be ready and available already in connection with the prequalification. The EU Com-mission has launched e-CERTIS, a free, on-line source of information to help companies and contracting authorities to deal with different forms of documentary evidence required when tendering for public contracts. Information regarding relevant certificates can be obtained from: https://ec.europa.eu/tools/ecertis/#/search

Børnearbejde og andre former for menneskehandel: Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for child labour and other forms of trafficking in human beings, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1). For Danish applicants/tenderers the documentation is entailed in the “Serviceattest” which can be acquired from the Danish Business Authority. The time frame from request of a Serviceattest until receipt is usually two weeks. For foreign applicants/tenderers it is the experience of the Contracting Authority that the time frame for receipt of this documen-tation varies within the individual member states. As a result, The Contracting Authority strongly advises foreign applicants/tenderers to obtain this documentation as early as possible. Preferably the documentation should be ready and available already in connection with the prequalification. The EU Commission has launched e-CERTIS, a free, on-line source of information to help companies and contracting authorities to deal with different forms of documentary evidence required when tendering for public contracts. Information regarding relevant certificates can be obtained from: https://ec.europa.eu/tools/ecertis/#/search

Har afgivet urigtige oplysninger eller tilbageholdt oplysninger, som ikke var i stand til at fremlægge de krævede dokumenter og indhentet fortrolige oplysninger i forbindelse med denne procedure: § 134 a. A contracting entity shall exclude a candidate or tenderer from participation in a procurement procedure if the candidate or tenderer is established in a country that is included on the EU list of non-cooperative jurisdictions for tax purposes and has not acceded to the WTO's Government Procurement Agreement or other trade agreements obliging Denmark to open the public procurement market to tenderers established in that country

Rent nationale udelukkelsesgrunde: § 134 a. A contracting entity shall exclude a candidate or tenderer from participation in a procurement procedure if the candidate or tenderer is established in a country that is included on the EU list of non-cooperative jurisdictions for tax purposes and has not acceded to the WTO's Government Procurement Agreement or other trade agreements obliging Denmark to open the public procurement market to tenderers established in that country

Interessekonflikt som følge af deltagelse i udbudsproceduren: Is the economic operator aware of any conflict of interest, as indi-cated in national law, the relevant notice or the procurement documents due to its participation in the procurement procedure?

Direkte eller indirekte involvering i forberedelsen af denne udbudsprocedure: Can the economic operator confirm that: a) It has been guilty of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria, b) It has withheld such information, c) It has not been able, without delay, to submit the supporting documents required by a contracting authority or contracting entity, and d) It has undertaken to unduly influence the decision making process of the contracting authority or contracting entity, to obtain confidential information that may confer upon it undue advantages in the procurement procedure or to negligently provide misleading information that may have a material influence on decisions concerning exclusion, selection or award

Skyldig i alvorlige forsømmelser i forbindelse med udøvelsen af erhvervet: Is the economic operator guilty of grave professional misconduct? Where applicable, see definitions in national law, the relevant notice or the procurement documents

Betaling af socialsikringsbidrag: Has the economic operator breached its obligations relating to the payment social security contributions, both in the country in which it is established and in Member State of the contracting authority or contracting entity if other than the country of establishment? For Danish applicants/tenderers the documentation is entailed in the “Serviceattest” which can be acquired from the Danish Business Authority. The time frame from request of a Serviceattest until receipt is usually two weeks. For foreign applicants/tenderers it is the experience of the Contracting Authority that the time frame for receipt of this documentation varies within the individual member states. As a result, The Contracting Authority strongly advises foreign applicants/tenderers to obtain this documentation as early as possible. Preferably the documentation should be ready and available already in connection with the prequalification. The EU Commission has launched e-CERTIS, a free, on-line source of information to help companies and contracting authorities to deal with different forms of documentary evidence required when tendering for public contracts. Information regarding relevant certificates can be obtained from: https://ec.europa.eu/tools/ecertis/#/search

Betaling af skatter og afgifter: Has the economic operator breached its obligations relating to the payment of taxes, both in the country in which it is established and in Member State of the contracting authority or contracting entity if other than the country of establishment? For Danish appli-cants/tenderers the documentation is entailed in the “Serviceat-test” which can be acquired from the Danish Business Authority. The time frame from request of a Serviceattest until receipt is usually two weeks. For foreign applicants/tenderers it is the experience of the Contracting Authority that the time frame for receipt of this documentation varies within the individual member states. As a result, The Contracting Authority strongly advises foreign applicants/tenderers to obtain this documentation as early as possible. Preferably the documentation should be ready and available already in connection with the prequalification. The EU Commission has launched e-CERTIS, a free, on-line source of information to help companies and contracting authorities to deal with different forms of documentary evidence required when tendering for public contracts. Information regarding relevant certificates can be obtained from: https://ec.europa.eu/tools/ecertis/#/search

Terrorhandlinger eller strafbare handlinger med forbindelse til terroraktivitet: Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for terrorist offences or offences linked to terrorist activities, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Articles 1 and 3 of Council Framework Decision of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3). This exclusion ground also in-cludes inciting or aiding or abetting or attempting to commit an offence, as referred to in Article 4 of that Framework Decision. For Danish applicants/tenderers the documentation is entailed in the “Serviceattest” which can be acquired from the Danish Business Authority. The time frame from request of a Serviceattest until receipt is usually two weeks. For foreign applicants/tenderers it is the experience of the Con-tracting Authority that the time frame for receipt of this documentation varies within the individual member states. As a result, The Contracting Authority strongly advises foreign applicants/tenderers to obtain this documentation as early as possible. Preferably the documentation should be ready and available already in connection with the prequalification. The EU Commission has launched e-CERTIS, a free, on-line source of information to help companies and contracting authorities to deal with different forms of documentary evidence required when ten-dering for public contracts. Information regarding relevant certificates can be obtained from: https://ec.europa.eu/tools/ecertis/#/search

5. Delkontrakt

5.1.

Delkontrakt: LOT-0000

Titel: ORH-VONØ Offshore works

Intern ID: 1

5.1.1.

Formål

Kontraktens hovedformål: Bygge og anlæg

Primær klassifikation (cpv): 45314310 Kabellægningsarbejder

Valgmuligheder:

Beskrivelse af optioner: 0

5.1.2.

Udførelsessted

Land: Danmark

Hvor som helst i det pågældende land

Yderligere oplysninger: South Zealand and Falster

5.1.3.

Anslået varighed

Varighed: 36 Måneder

5.1.4.

Fornyelse

Højeste antal fornyelser: 0

5.1.5.

Værdi

Anslået værdi eksklusiv moms: 70 000 000,00 DKK

5.1.6.

Generelle oplysninger

Reserveret deltagelse:

Deltagelse uden forbehold.

Indkøbsprojekt, der ikke finansieres med EU-midler

Udbuddet er omfattet af aftalen om offentlige udbud (GPA): ja

5.1.9.

Udvælgelseskriterier

Kriterium:

Type: Økonomisk og finansiel formåen

Navn: Economic and financial standing

Beskrivelse: The applicant must confirm the economic ability in the ESPD part IV.B with information from the latest annual report regarding the following economic indicators: 1. Equity (total equity incl. share capital, reserves, revaluation, retained earning etc.) 2. Equity ratio (equity/total assets). This must be stated with two decimals. If the applicant relies on the capacities of one or more entities (e.g., an affiliated company or a subcontractor) or the applicant is a group of economic operators (e.g., a consortium) the information for the ESPD part IV.B must also be given in a separate ESPD from each of these entities. It is the sole responsibility of the applicant to secure that the minimum requirements are reached based on consolidation when the applicant is relying on the capacity of other entities or when the applicant is a group of economic operators.

Anvendelse af dette kriterium: Anvendt

Kriteriet vil blive anvendt til at udvælge de ansøgere, som skal opfordres til at deltage i anden fase af proceduren

Kriterium:

Type: Økonomisk og finansiel formåen

Navn: Economic and financial standing - minimum requirements

Beskrivelse: Concerning 1: Equity from the latest annual report must, at the time of prequalification, be at least EUR 3,200,000.- Concerning 2: Equity ratio from the latest annual report must, at the time of prequalification, be at least 20 pct. If the equity ratio is between 15 pct. and 20 pct. the applicant can qualify if Equity exceeds EUR 9,400,000.-

Anvendelse af dette kriterium: Anvendt

Kriteriet vil blive anvendt til at udvælge de ansøgere, som skal opfordres til at deltage i anden fase af proceduren

Kriterium:

Type: Andet

Navn: Selection of applicants

Beskrivelse: If more than 3 applicants fulfill the minimum requirements, cf. section 2.2.3, the Contracting Authority will prequalify the 3 applicants who are evaluated as most qualified for the specific tendered assignment. The selection of the most suitable applicants will be based on the applicant’s references. The evaluation of the references will be based on to which extent the references demonstrate extensive experience with deliveries comparable to the tendered assignment cf. Section 1.4 regarding solution, complexity, scope and purpose, especially concerning: • Submarine power cable installation and protection, especially for shallow water areas. • Landfall pull-in • Experience with provision of HDD either as a primary service or through subcontractors.

Anvendelse af dette kriterium: Anvendt

Kriteriet vil blive anvendt til at udvælge de ansøgere, som skal opfordres til at deltage i anden fase af proceduren

Kriterium:

Type: Egnethed til at udøve det pågældende erhverv

Anvendelse af dette kriterium: Ikke anvendt

Kriteriet vil blive anvendt til at udvælge de ansøgere, som skal opfordres til at deltage i anden fase af proceduren

Kriterium:

Type: Teknisk og faglig formåen

Navn: Technical and professional ability

Beskrivelse: The applicant must document fulfilment of minimum requirements concerning technical and professional ability in ESPD part IV.C: • Up to three (3) most comparable and relevant references undertaken in the past five (5) years as part of the application. By "undertaken in the past five (5) years” implies that the reference must not have been completed prior to the date reached when counting five (5) years backwards from the submission date for prequalification. References older than this will not be taken into consideration. References which have not yet been fully completed can be included as part of the application, however the applicant must describe the parts which have not yet been delivered, and this may affect the evaluation of the applicant, cf. section 2.3. The references should include: o A specific description of the work performed for each reference, including: o Submarine power cable installation and protection, especially for shallow water areas. o Landfall pull-in o Contract value (if possible) o Contact information for the entity in question (including contact person) o Date of initiation and final delivery (day, month, year) Any ambiguities and/or incomprehensibilities may have a negative effect on the selection of applicants. Please note the “description” box in ESPD part IV.C. can contain more text than is visible and it is possible to copy paste text into the box. If the applicant is relying on the capacity of one or more other entities (e.g. a parent or sister company or a subcontractor) or the applicant is a group of economic operators (e.g. a consortium) the maximum number of references to be submitted must still be respected and cannot exceed five (5) when combined. If more than five (5) references are submitted, the Contracting Authority will only consider the three (3) most recent references determined by date of final delivery (in this case not yet finished references will not be included). If the applicant relies on other entities capacity or is part of a group of economic operators the information concerning ESPD part IV.C must be submitted in separate ESPD’s for each entity. It is the applicant’s sole responsibility to ensure that the requirement concerning technical and professional ability is met.

Anvendelse af dette kriterium: Anvendt

Kriteriet vil blive anvendt til at udvælge de ansøgere, som skal opfordres til at deltage i anden fase af proceduren

Oplysninger om den anden fase i en procedure, der afvikles i to faser:

Mindsteantallet af ansøgere, som skal opfordres til at deltage i anden fase af proceduren: 3

Det højeste antal ansøgere, som skal opfordres til at deltage i anden fase af proceduren: 5

Proceduren afvikles i successive faser. I hver fase kan nogle ansøgere blive

5.1.10.

Tildelingskriterier

Kriterium:

Type: Pris

Navn: Price

Beskrivelse: Prices must be stated in the attached Price List and the defined price elements must be completed herein. Prices must be stated exclusive of VAT but inclusive of all other expenses associated with the purchase. Prices must be stated in EUR