Denmark-Esbjerg: Heating plant construction work
Contract notice – utilities
Section I: Contracting entity
National registration number: 32662498
Postal address: Ulvsundvej 1
Town: Esbjerg N
NUTS code: DK032 Sydjylland
Postal code: 6715
Contact person: Laila Juncker
Main address: http://www.dinforsyning.dk
Address of the buyer profile: https://eu.eu-supply.com/ctm/Company/CompanyInformation/Index/269437
Section II: Object
Negotiated Procedure of Lot B: Heat Pump for DIN Forsyning Varme A/S
Negotiated procedure of lot B: Heat pump for DIN Forsyning Varme A/S. There will be established 50MW heat pump in the new heat production facilities in the harbor area in Esbjerg.
DIN Forsyning Varme A/S in Esbjerg, Denmark is in the process of replacing the heat delivered from the existing coal fired power station (ESV3) which is going out of operation 2023.
DIN Forsyning Varme A/S has decided to establish new base load production capacity to replace the heat previously purchased from Ørsted A/S with new heat production facilities to be located in harbor area close to the existing peak load plant City Centralen and existing heat accumulator tank and distribution pumps.
There will be established 60 MW wood chips fired heating boiler, 50 MW heat pump and expected 30 MW of electrical boiler.
The contract is based on FIDIC Yellow Book 2017 Edition.
DIN Forsyning Varme A/S intends to enter into a contract with one contractor for the delivery of the heat pump.
All negotiations will follow the same process, see below.
1) Prior to the negotiating meeting, DIN Forsyning Varme A/S will send out a meeting agenda.
2) A short note on the assessment of the initial tender will be enclosed with the agenda. The note contains DIN Forsyning Varme A/S’s assessment of relevant opportunities for improvement in the initial tender, as well as any identified reservations which DIN Forsyning Varme A/S regards as reservations.
(a) Reservations means descriptions which may or must result in non-compliance if the reservation is maintained in the final tender.
3) The tenderer will at the meeting have the opportunity to comment on different views on matters stated in the forwarded assessment.
DIN Forsyning Varme A/S points out that:
• only the contents of the final tender will form the basis for the evaluation of the tender and thus the basis for awarding the contract;
• fundamental elements will not form part of the negotiations;
• the criteria for awarding the contract and their weighting must remain stable throughout the procurement procedure and they will consequently not form part of the negotiations;
• DIN Forsyning Varme A/S will document the entire process in the form of internal minutes of the meetings.
Concurrent notification will be given to the tenderers about all matters, including any changes to the contents of the tender documents.
DIN Forsyning Varme A/S will, after the initial tenders and the first negotiation process is completed carry out a shortlisting.
The shortlisting will be based on the foundation of DIN Forsyning Varme A/S evaluation of the second (2.) initial tenders. The evaluation will be made in accordance with the awarding criterion specified in the contract conditions and as described in section II.2.5). The tenders with the lowest point scores overall will be discarded so that it exclusively will be the three (3) tenderers with the highest overall point score who may enter second (2.)
Negotiation meeting and afterwards submit final tender.
DIN Forsyning Varme A/S initiates the processing of the applications by ascertaining that they are compliant, including that the following requirements have been met:
• the application has been submitted through EU-Supply;
• the application contains the requested documentation and information;
• no reservations have been made about fundamental elements in the tender documents.
If one or more of the above requirements has or have not been met, the tender will generally not be included in the evaluation.
DIN Forsyning Varme A/S is entitled, but not obliged, to request an applicant to supplement, specify or complete the application by submitting relevant information or documentation within a reasonable deadline if this can be done in accordance with the Utilities Directive art. 76 (4).
Choice between several qualified applicants
Among the compliant applicants which meet the above suitability and documentation requirements, up to five (5) Applicants, which are selected on an objective, impartial and factual basis, are requested to submit tenders if five (5) compliant and suitable applications are received.
If the above number of compliant and suitable applications are not received, DIN Forsyning Varme A/S will select the applicants which are compliant and suitable, as long as DIN Forsyning Varme A/S finds that the number of selected applicants can ensure adequate competition on the assignment.
The selection is made on the basis of both economic and financial standing and technical and professional ability, where in particularly the number of and relevance of the references will be of importance.
DIN Forsyning Varme A/S will regard it as positive, that the applicant has:
— the highest possible number of comparable references that are commissioned in relation to size and functionality;
— low accident statistics in the references stated;
— solid average annual manpower in the relevant divisions attached to projects comparable to this tender;
— solid economy;
— prioritizing of The 17 Sustainable Development Goals in project comparable to this tender.
DIN Forsyning Varme A/S makes an overall assessment of the applications.
Option 1: strategic spare parts
DIN Forsyning Varme A/S requests a price list for strategical spare parts there are considered as necessary to achieve the guaranteed availability. Strategic spare parts are considered com-ponents with extraordinary long delivery time, and a risk of failure. Inexpensive components that will prevent plant operation in case of failure shall also be included as strategic spares.
Option 2: An additional heat pump line of same size as those offered.
DIN Forsyning Varme A/S requests as an optional price for an additional heat pump line with a thermal capacity of the same size as a line used in the main offer, however the capacity of the option must not be less than 10 MW. The optional heat pump will be placed on a reserved area in the machinery room next to the remaining plant.
Option 3: Service contract
As an option the tenderer shall quote for a 5-year maintenance agreement of the permanent works. The maintenance agreement will start at taking-over.
The maintenance agreement shall be based on and include the following:
• delivery of all goods and materials;
• delivery of qualified and experienced manpower for engineering, planning, inspection, supervision, maintenance, repair and replacement works;
• one (1) yearly plant main maintenance stoppage, of a duration of two (2) consecutive weeks. The Tenderer may propose different duration based on his experience;
• execution of inspections, maintenance, repair and/or replacement works;
• that the tenderer is available for on-call technical support and trouble-shooting on a 24/7 basis;
• that the tenderer from time of notification by the employer will arrive at the plant within 24 hours, and that the Tenderer without any delay will execute required maintenance, repair and/or replacement works;
• certificates, reports and other documentation covering the executed maintenance works, repair and/or replacement works.
Section III: Legal, economic, financial and technical information
‘Specific yearly turnover’ in the business area covered by the contract for the financial statements for each of the last three (3) closed financial years at the time of the application deadline.
‘Solvency Ratio’ for each of the last three (3) closed financial years at the time of the application deadline.
‘solvency ratio’ must be calculated/determined in accordance with the Danish Financial Statements Act:
‘solvency ratio’ = ‘Shareholder’s equity’/total assets * 100
It is a minimum requirement that the ‘Specific yearly turnover’ amounts to minimum DKK 400 million for each of the three (3) closed financial years.
It is a minimum requirement that the ‘Solvency Ratio’ amounts to minimum 25 percent for each of the three (3) closed financial years.
The applicant must provide up to five (5) references there are delivered and the Tenderer finds most comparable with this invitation to tender.
If more references are provided, DIN Forsyning Varme A/S will only assess the five (5) latest references. Latest references mean not-concluded references or references with termination closest to the application deadline. If more references are not-concluded, DIN Forsyning Varme A/S will (where relevant) assess the references with the latest commencement date.
The references must contain the following:
1) Description: description of the reference(s) with focus on the elements which make the reference comparable to this tender, and compliant with the minimum requirements, see the last bullet. The description may also contain information about the period(s) in which the assignment has been performed (start and conclusion dates).
2) Amount: The value of the assignment(s) in EUR, i.e. the amount paid by the customer for the performance of the assignment(s).
3) Date: date for start-up (commencement date) and date for completion (conclusion date) of the most recent assignment listed under ‘Description’. For references which have not yet been concluded, the field ‘conclusion date’ is left blank/empty.
4) Recipients: customer name incl. contact person and contact person’s telephone number.
The applicant has the opportunity, to attach a supplement to the answers that cannot be contained in ESPD'et, for example in the form of photographs and illustrations, etc. If the Applicant chooses to do so, please clearly indicate reference in both ESPD and attachment.
The applicant must state ‘Average annual manpower’ for each division attached projects comparable to this tender.
The applicant must state in ‘Supply chain management’ the accident statistics for the references stated.
The applicant must state in ‘Environmental management measures‘ how ‘The 17 Sustainable Development Goals’ there are included in project comparable to this tender.
It is a minimum requirement that the references concern 25MW Heat pumps.
The application for pre-qualification must consist of the European Single Procurement Document (ESPD), inwhich the requested information, cf. section VI.3) Additional information, must be provided. The ESPD is a self-declaration form which serves as initial documentation that the applicant, other entities or the association meets the criteria for exclusion, suitability and selection. This information must subsequently be verified.
The application for pre-qualification must be submitted via the link in section I.3) communication.
The terms of deposits and guarantees must be in accordance with:
— template for performance guarantee,
— contract agreement, security.
The terms of payment must be in accordance with contract agreements payments schedule.
Section IV: Procedure
Section VI: Complementary information
The application must consist of the European Single Procurement Document (ESPD).
The applicant fills in the ESPD electronically in the system EU-Supply:
— Section A: information about the economic operator;
— Section B: information about the economic operator’s representatives;
— Section C: information about reliance on the capacities of other entities;
— Section D: information concerning subcontractors on whose capacity the economic operator does not rely.
— Section A: grounds relating to criminal convictions;
— Section B: grounds relating to the payment of taxes or social security contributions: if there are any outstanding payments, click ‘Yes’ and state the outstanding amount;
— Section C: grounds relating to insolvency, conflicts of interest or professional misconduct:
The applicant must confirm that the applicant is not covered by the mandatory exclusion grounds laid down in section 135(1)-(3) and section 136 of the Danish Public Procurement Act. Otherwise, the contracting authority is obliged to exclude the applicant, see, however, section 135(4) and (5) of the Danish Public Procurement Act.
The applicant must further confirm, that the applicant is not covered by the following optional exclusion grounds cf. section 137 (1) of the Danish Public Procurement Act:
— breach of certain obligations cf. No 1;
— conditions concerning insolvency/bankruptcy or the like cf. No 2;
— serious negligence cf. No 3;
— agreement for distortion of competition cf. No 4;
— breach of previous public contract cf. No 5;
— improper influence of the purchaser's decision making cf. No 6.
In this connection, reference is made to the European Commission’s guide for ESPD, which can be found under the following website: https://ec.europa.eu/isa2/solutions/european-single-procurement-document-espd_en
In continuation of the notification of pre-qualification, the tenderer, other entities and association must, at the contracting authority’s request, submit documentation in accordance with sections 144 and 152 of the Danish Public Procurement Act for the information provided in the ESPD in connection with the pre-qualification. How this documentation must be submitted is described in the tender conditions.
The contracting authority is entitled, but not obliged, to request the tenderer, the association’s participants or other entities to supplement or specify the received documentation, see the Utilities Directive art. 76 (4).
If the tenderer, the association’s participants or other entities are from Denmark, the documentation is presented in the form of a service certificate from the Danish Business Authority. The service certificate must contain information from:
— the probate court under the Danish District courts,
— the Danish Customs and Tax Administration,
— the Danish Labour Market Supplementary Pension Fund (ATP),
— the Police (the Danish Central Crime Register) Please note that a ‘declaration of consent’ must be filled in,signed and uploaded when ordering the service certificate.
The service certificate must be maximum six (6) months old calculated from the deadline for submission of the service certificate as stated by the contracting authority in the letter of request.
The processing time with the Danish business authority is approximately 2 weeks from when the order of the service certificate has been received.
If the tenderer, one or more of the participants in the association or other entities are not from Denmark, they must, as a general rule, submit the types of documentation stipulated in eCertis. eCertis is an online information system which must be used to find the right documentation to be used by EU member states in connection with invitations to tender.
The applicant/tenderer is requested to seek to clarify any unclear points and uncertainties by asking questions to the tender procedure. All questions must be submitted in EU-Supply.
Postal address: Nævnenes Hus, Toldboden 2
Postal code: 8800
Telephone: +45 72405708
Internet address: https://erhvervsstyrelsen.dk/klagenaevnet-for-udbud
Precise information on deadline(s) for review procedures:
Complaints regarding the tender procedure must be submitted to the Danish authority ‘Danish Complaints Board for Public Procurement’ (‘Klagenævnet for udbud’) according to The Act on the Danish Complaints Board for Public Procurement (available on www.retsinfo.dk), paragraph 7. Please observe that the act is not translated.