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Denmark-Copenhagen: Railway engineering services

2019/S 096-233061

Contract notice – utilities

Services

Legal Basis:

Directive 2014/25/EU

Section I: Contracting entity

I.1)Name and addresses
Femern Bælt A/S
28986564
Vester Søgade 10
København V
1601
Denmark
Contact person: Femern — Anne Bøgh Johansen
Telephone: +45 33414449
E-mail: ajo@femern.dk
NUTS code: DK011

Internet address(es):

Main address: https://femern.com/en

I.2)Information about joint procurement
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=240181&B=KA
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=240181&B=KA
Tenders or requests to participate must be submitted to the abovementioned address
I.6)Main activity
Other activity: Femern A/S manages the construction and operation of the future fixed link across Fehmarn Belt

Section II: Object

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

Framework Agreement for Railway Technical Consultancy Services

II.1.2)Main CPV code
71311230
II.1.3)Type of contract
Services
II.1.4)Short description:

The consultant's services cannot be described exhaustively. However, the consultant is expected to perform the following services:

— assistance in the preparation of the basic design of railway works and assistance in the preparation and completion of the tender processes,

— review of the contractor’s detailed design as well as supervision of the construction of the railway works,

— assistance in the testing and commissioning processes,

— assistance in defining and managing technical interfaces (related to e.g. track, electrification, signalling and communication), and

— general services related to the project — relevant throughout the entire contract period.

II.1.5)Estimated total value
Value excluding VAT: 18 000 000.00 EUR
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)
71300000
71311300
71313410
71318000
71320000
71322500
II.2.3)Place of performance
NUTS code: DK022
NUTS code: DK01
NUTS code: DEF08
NUTS code: DE6
NUTS code: DE3
Main site or place of performance:

Copenhagen.

II.2.4)Description of the procurement:

The consultant's services cannot be described exhaustively. However, the consultant is expected to perform the following services:

— assistance in the preparation of the basic design of railway works and assistance in the preparation and completion of the tender processes,

— review of the contractor’s detailed design as well as supervision of the construction of the railway works,

— assistance in the testing and commissioning processes,

— assistance in defining and managing technical interfaces (related to e.g. track, electrification, signalling and communication), and

— general services related to the project — relevant throughout the entire contract period.

II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
Value excluding VAT: 18 000 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 96
This contract is subject to renewal: yes
Description of renewals:

The Framework Agreement shall cover railway consultancy services throughout the remaining part of the project as well as in connection with the transition from construction phase to operational phase and in the beginning of the operational phase. Thus, Femern A/S has inserted an option to extend the lenght of the Framework Agreement with 3 x 2 years. Please also refer to VI.3.

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:

If more than 5 candidates fulfil the fixed minimum requirements and are not subject to grounds for exclusion Femern A/S will make its selection based on the list of deliveries/references. In this respect Femern A/S will identify the best and most relevant references. Femern A/S will base its evaluation of the references on Section 3 of the Scope of Services (Schedule 1). It will be regarded positively in the assessment of the relevance if each reference fulfils as many of the minimum requirements as possible, see Section III.1.3), and if the references cover projects delivered in accordance with especially German railway regulation. It will also be regarded positively in the assessment of the relevance if the references cover projects delivered in accordance with Danish railway regulation. Please note that any ambiguities and/or unclearness in the information submitted in the ESPD in response to section III.1.3) may be regarded negatively in the evaluation when selecting the limited number of candidates.

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: no
II.2.12)Information about electronic catalogues
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: yes
Identification of the project:

The construction of the fixed link across the Fehmarn Belt receives EU funding from the CEF programme under project code 2014-EU-TM-0221-W.

II.2.14)Additional information

The contract is tendered as one single agreement in order to achieve economics of scale, reduced costs for administration of the contract and a better understanding of the scope of services. Dividing the contract into lots is not considered to lead to a higher level of competition.

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
III.1.2)Economic and financial standing
Minimum level(s) of standards possibly required:

As a minimum requirement the candidate must document that the candidate for each of the last 3 financial years have had a solvency ratio of at least 15 percent and an annual turnover of at least 10 000 000 EUR.

The candidate must complete and submit the European Single Procurement Document (“ESPD”) as preliminary documentation for the purpose of assessing whether the minimum requirement for economic and financial suitability are fulfilled.

Before Femern A/S decides to award the Framework Agreement, Femern A/S shall require that the tenderer to which Femern A/S intends to award the Framework Agreement presents documentation of the information provided in the ESPD. The following documentation must then be provided: The candidate’s/tenderer’s annual reports for the last 3 financial years or excerpts hereof if publication of annual reports is required under the law of the country in which the candidate or tenderer is established or any other documentation for the candidate’s annual turnover and solvency ratio.

III.1.3)Technical and professional ability
Minimum level(s) of standards possibly required:

As minimum requirements the candidate is required to document:

— at least 1 reference covering a infrastructure project where the tenderer has delivered consultancy services related to track, catenary and signalling systems,

— at least 1 reference covering consultancy services related to single phase high volt-age (HV) power supply,

— at least 1 reference covering testing and commissioning of railway infrastructure.

Please note, that 1 reference may cover more than one or even all of the above minimum requirements.

The candidate must fill incomplete and submit the ESPD as preliminary documentation for the purpose of assessing whether the below minimum requirements for technical and professional ability are fulfilled. The list of deliveries of services must be inserted under Part IV, C of the ESPD and is the final documentation. No further evidence or documentation regarding technical and professional ability will be requested before Femern A/S awards the Framework Agreement, however Femern A/S reserves the right to contact the customer indicated on each delivery in order to verify the reference.

III.1.4)Objective rules and criteria for participation
III.1.5)Information about reserved contracts
III.1.6)Deposits and guarantees required:
III.1.7)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
III.1.8)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
III.2)Conditions related to the contract
III.2.1)Information about a particular profession
III.2.2)Contract performance conditions:

Candidates shall consider that the Framework Agreement contains requirements in relation to conflicts of interest which will prohibit the consultant from assisting the contractors performing railway works for Femern A/S. Further, please notice that the Framework Agreements contain requirements in relation to CSR.

III.2.3)Information about staff responsible for the performance of the contract

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Restricted procedure
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
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.6)Information about electronic auction
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.2.1)Previous publication concerning this procedure
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 17/06/2019
Local time: 12:00
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:
English
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Duration in months: 6 (from the date stated for receipt of tender)
IV.2.7)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about electronic workflows
VI.3)Additional information:

1) In parallel with the tender processes for the procurement of this Framework Agreement a tender process for the procurement of a Framework Agreement for railway safety consultancy services are being carried out. The consultant under the Framework Agreement for railway safety consultancy services shall carry out quality control with material delivered by the consultant under this Framework Agreement. Due to the risk of problems in regards to conflict of interest the same tenderer cannot win both Framework Agreements. Furthermore, it will also not be possible for a group of legal persons, public entities and/or economic operators, or any tenderer which relies on other subcontractors/sub-consultants to be awarded the Framework Agreement for railway safety consultancy services if one or more of the group members or one or more of the subcontractors/sub-consultants is also affiliated with the winner of this Framework Agreement. Notwithstanding the above, candidates are welcome to apply for pre-qualification to participate in both of the tendering procedures, but it is emphasised that a tenderer can only be awarded one of the Framework Agreements. In this respect, Femern A/S has decided that this Framework Agreement shall take precedence. This means that if a tenderer has sumitted a tender for both Framework Agreements and if said tenderer is awarded this Framework Agreement, Femern A/S will reject the tenderer’s tender for the Framework Agreement for railway safety consultancy services which will then not be evaluated. This will also apply if Femern A/S notes that one or more of the group members or one or more of the subcontractors/sub-consultants participating in a tender under the Framework Agreement for railway safety consultancy services tender procedure is also affiliated with the winner of this Framework Agreement;

2) Due to the complexity of the project it would be extremely burdensome for Femern A/S to replace the consultant during the construction phase as well as during test and commissioning. The chosen consultant will gain a unique insight into and knowledge of the project which would not be possible to hand over to a new consultant without the risk of loss of knowledge, substantial cost, resources and significant consequences for the time schedule. It is therefore crucial for Femern A/S to have the possibility to extend the Framework Agreement by 3 x 2 years in order to ensure the availability of the consultant for the total duration of the project and the initiation of the operational phase. Please also refer to II.2.7;

3) Re the ESPD: the applicant must complete and submit the electronic ESPD which serves as preliminary evidence of fulfilment of the conditions for participation in the tender procedure, including that the applicant is not subject to the grounds for exclusion. Femern A/S reserves the right, at any time during the tendering procedure, to request an applicant to provide documentary proof, cf. Section 151 of the Danish Procurement Act, if required to ensure the proper execution of the procedure. In this situation, Femern A/S will set an appropriate deadline for the submission of documentation. Femern A/S intends to ask the applicants to provide documentation prior to the decision on pre-qualification. Before awarding the Framework Agreement, the tenderer to whom Femern A/S intends to award the agreement must provide documentation concerning the information in the ESPD, cf. Section 153 of the Danish Public Procurement Act. Femern A/S has prepared the electronic ESPD for the economic operator to fill out. The electronic ESPD is available at the link set out in Section I.3. For further information on the requirements to the request for pre-qualification and the tender procedure please refer to the Tender Conditions available at the link set out in Section I.3;

4) Reference is made to the tender conditions clause 5.6 regarding changes to the composition of the tenderer.

VI.4)Procedures for review
VI.4.1)Review body
Klagenævnet for Udbud
Nævnenes Hus, Toldboden 2
Viborg
8800
Denmark
Telephone: +45 72405600
E-mail: klfu@naevneneshus.dk

Internet address: https://klfu.naevneneshus.dk/

VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Pursuant to the Danish Act No 492 of 12.5.2010 with subsequent amendments regarding the complaints board for public procurement, complaints regarding a candidate not being pre-qualified must be filed with the Complaints Board for Public Procurement within 20 calendar days starting the day after the Contracting Authority has sent notification to the candidates involved, if the notification includes a short account of the relevant reasons for the decision.

Complaints regarding other decisions related to the tender must be filed with The Complaints Board for Public Procurement within 6 months after the Contracting Authority has sent notification to the candidates/ tenderers involved that the Contracting Authority has entered into the Framework Agreement if the notification included a short account of the relevant reasons for the decision.

The complainant must inform the Contracting Authority of the complaint in writing at the latest simultaneously with the lodging of the complaint to the Complaints Board for Public Procurement. The complainant shall state whether the complaint has been lodged in the stand-still period. If the complaint has not been lodged in the standstill period, the complainant must also state whether the complainant has requested that the complaint be granted suspensive effect.

VI.4.4)Service from which information about the review procedure may be obtained
Konkurrence- og Forbrugerstyrelsen
Carl Jacobsens Vej 35
Valby
2500
Denmark
Telephone: +45 41715000
E-mail: kfst@kfst.dk

Internet address: http://www.kfst.dk

VI.5)Date of dispatch of this notice:
16/05/2019

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