Services - 373189-2013

06/11/2013    S215    European Commission - Services - Contract notice - Restricted procedure 

Italy-Ispra: Radioactive metallic waste treatment services

2013/S 215-373189

Contract notice

Services

Directive 2004/18/EC

Section I: Contracting authority

I.1)Name, addresses and contact point(s)

European Commission, JRC Ispra, ISM, Unit C.1
via E. Fermi 2749, TP 800
Contact point(s): Mrs S. Zin
For the attention of: JRC.B5 — Finance and Procurement Unit
21027 Ispra VA
Italy
Telephone: +39 0332785926
E-mail: jrc-b5-sinad-c01-procurement@ec.europa.eu
Fax: +39 0332789108

Internet address(es):

General address of the contracting authority: http://web.jrc.ec.europa.eu/callsfortender/

Further information can be obtained from: The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)

Tenders or requests to participate must be sent to: The above mentioned contact point(s)

I.2)Type of the contracting authority
European institution/agency or international organisation
I.3)Main activity
Other: Research, nuclear decommissioning.
I.4)Contract award on behalf of other contracting authorities
The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
Radioactive metallic waste treatment services.
II.1.2)Type of contract and location of works, place of delivery or of performance
Services
Service category No 16: Sewage and refuse disposal services; sanitation and similar services
Main site or location of works, place of delivery or of performance: JRC Ispra (Italy) and contractor's premises.
NUTS code
II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
The notice involves the establishment of a framework agreement
II.1.4)Information on framework agreement
Framework agreement with a single operator

Duration of the framework agreement

Duration in months: 120
Justification for a framework agreement, the duration of which exceeds four years: The metal treatment services will be provided in campaigns. Given the programme's master plan, it is very difficult that within the standard 48-month duration more than 1 campaign will take place. The reference scenario is 3 or more campaigns over a 10-year period. Extending the duration to cover more campaigns is expected to increase the minimum volume and thus attract a wider response from the market.

Estimated total value of purchases for the entire duration of the framework agreement

Estimated value excluding VAT:
Range: between 6 500 000 and 21 000 000 EUR
II.1.5)Short description of the contract or purchase(s)
The activities of the metal treatment services are to:
a) perform all studies, prepare all documentation, execute all operations necessary to authorise the services;
b) transport the metallic waste to treatment facilities;
c) treat the metallic waste;
d) characterise and transport treatment residuals and secondary waste (if any) back to JRC-Ispra.
The main goals of the services are to:
e) minimise the final radioactive waste volume;
f) maximise metal recycling either through clearance or reuse within the nuclear industry.
II.1.6)Common procurement vocabulary (CPV)

90521000, 90521400

II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
II.1.8)Lots
This contract is divided into lots: yes
Tenders may be submitted for one or more lots
II.1.9)Information about variants
Variants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
Waste is divided into lots depending on the nature and coating of the metals as follows:
— lot 1: uncoated, unpainted ferrous metals — 2 000 000 EUR/6 600 000 EUR,
— lot 2: coated ferrous metals (painted or plastic coatings) — 4 100 000 EUR/13 200 000 EUR,
— lot 3: galvanised ferrous metals — 150 000 EUR/430 000 EUR,
— lot 4: lead — 250 000 EUR/800 000 EUR.
See Annex B for short description.
Estimated value excluding VAT:
Range: between 6 500 000 and 21 000 000 EUR
II.2.2)Information about options
Options: yes
Description of these options: Other metals. Tenderers can offer a price for each metal in a list of the tenderer's choice and not included in the lots. The value of the option is estimated at 20 % of the value of each lot.
II.2.3)Information about renewals
This contract is subject to renewal: yes
Number of possible renewals: 4
In the case of renewable supplies or service contracts, estimated timeframe for subsequent contracts:
in months: 24 (from the award of the contract)
II.3)Duration of the contract or time limit for completion
Duration in months: 120 (from the award of the contract)

Information about lots

Lot No: 1 Lot title: Uncoated, unpainted ferrous metals
1)Short description
Uncoated, unpainted ferrous metals handed over to contractor either in drums (220 litres, provided by the contracting authority) or in containers (e.g. ISO 20' standard IP-2, provided by the contractor).
2)Common procurement vocabulary (CPV)

90521000

3)Quantity or scope
Estimated value excluding VAT:
Range: between 2 000 000 and 6 600 000 EUR
4)Indication about different date for duration of contract or starting/completion
Duration in months: 120 (from the award of the contract)
5)Additional information about lots
Lot No: 2 Lot title: Coated ferrous metals (painted or plastic coatings)
1)Short description
Coated ferrous metals handed over to contractor either in drums (220 litres, provided by the contracting authority) or in containers (e.g. ISO 20' standard IP-2, provided by the contractor).
2)Common procurement vocabulary (CPV)

90521000

3)Quantity or scope
Estimated value excluding VAT:
Range: between 4 100 000 and 13 200 000 EUR
4)Indication about different date for duration of contract or starting/completion
Duration in months: 120 (from the award of the contract)
5)Additional information about lots
Lot No: 3 Lot title: Galvanised ferrous metals
1)Short description
Galvanised ferrous metals handed over to contractor either in drums (220 litres, provided by the contracting authority) or in containers (e.g. ISO 20' standard IP-2, provided by the contractor).
2)Common procurement vocabulary (CPV)

90521000

3)Quantity or scope
Estimated value excluding VAT:
Range: between 150 000 and 430 000 EUR
4)Indication about different date for duration of contract or starting/completion
Duration in months: 120 (from the award of the contract)
5)Additional information about lots
Lot No: 4 Lot title: Lead
1)Short description
Lead parts handed over to contractor either in drums (220 litres, provided by the contracting authority) or in containers (e.g. ISO 20' standard IP-2, provided by the contractor).
2)Common procurement vocabulary (CPV)

90521000

3)Quantity or scope
Estimated value excluding VAT:
Range: between 250 000 and 800 000 EUR
4)Indication about different date for duration of contract or starting/completion
Duration in months: 120 (from the award of the contract)
5)Additional information about lots

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
Will be specified in the invitation to tender and the draft contract.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
Will be specified in the invitation to tender and the draft contract.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
All eligible natural and legal persons or groupings of such persons may apply.
A grouping (i.e. a consortium) may be a permanent, legally-established entity or may have been constituted informally for a specific tender procedure. All members of a grouping (i.e. the leader and all other members) are jointly and severally liable to the contracting authority and will be required to sign the contract in case of award.
Tenders may be submitted by groupings of economic operators that, if awarded the contract, may be requested to assume a legal form by incorporation, partnership or otherwise that will enable them to contract as a single entity. A grouping of economic operators, however, must identify a leader (main contractor) who will have full authority to bind the consortium and each of its members, and who will interface between the Commission and the economic operators both during the procurement phase and during contract execution when he will be responsible for the administrative management of the contract (invoicing, receiving payments, etc.) on behalf of all other entities.
Therefore the grouping must provide a declaration to identify the leader and the other members and which empowers the leader to submit an offer or to sign a contract on behalf of and representing the whole grouping.
Groupings must provide the documents and information required in points III.2.1 for all members and subcontractors thereof. The criterion in point III.2.2(a) applies to the grouping as a whole. The financial criteria 1 and 3 under point III.2.2(b) apply to the grouping as a whole whereas criterion 2 applies to each member. The criteria in point III.2.3(a), (b), (c) apply to the grouping as a whole, excluding subcontractors; concerning the criterion in point III.2.3(d), each party, including subcontractors, that is involved in waste handling and processing shall be certified according to a standard such as DIN-EN-ISO 9001, or equivalent.
The participation of an ineligible natural or legal person will result in the automatic exclusion of that person. In particular, if that ineligible person belongs to a consortium, the whole consortium will be excluded if it doesn't fulfil all selection criteria without the excluded member.
Any tenders received from tenderers having a different composition than the ones on the application forms will be excluded from this restricted tender procedure. Shortlisted candidates may not form alliances or subcontract to each other for the contract in question unless prior approval from the contracting authority has been obtained.
Subcontracting is allowed according to the rules that will be established in the tender documentation but the contractor shall retain full liability towards the contracting authority for implementation of the contract. For specific subcontracts JRC-Ispra may request the subcontractor to provide the declaration on honour on the exclusion criteria and to have specific experience similar to that of the main contractor in the specific subcontracted field.
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: yes
Description of particular conditions: (a) conflict of interest: economic operators having assisted JRC Ispra in the preparation of the documentation related to this project shall demonstrate that they are not in a situation of conflict of interest when taking part in this call for tender;
(b) at the JRC Ispra site Italian law is in force. In particular contracts must be executed in compliance with Legislative Decree No 230/85 'Attuazione delle direttive Euratom 80/836, 84/467, 84/466, 89/618, 90/641, e 92/3 in materia di radiazioni ionizzanti' and its subsequent modifications and/or integrations, and Legislative Decree No 81/08 'Attuazione dell'articolo 1 della Legge 3.8.2007, n. 123 in materia di tutela della salute e della sicurezza nei luoghi di lavoro' and its subsequent modifications and/or integrations;
(c) based on Article 148(7) of RAP, the contractor itself (or a member of a grouping) will have to perform the melting process.
III.2)Conditions for participation
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
Information and formalities necessary for evaluating if the requirements are met: To be eligible to take part in this tender procedure, tenderers must not be in any of the exclusion situations listed in Articles 106 and 107 of Council Regulation (EU, Euratom) No 966/2012 of 25.10.2012 (OJ L 298 of 26.10.2012).
Tenderers must also provide the documents stipulated in Article 143(1) of Commission Regulation (EU) No 1268/2012 of 29.10.2012 (OJ L 362 of 31.12.2012). According to this provision tenderers are required to submit a declaration on honour (see Section VI.3(c)).
Should a contract be awarded, the contractor will need to produce the supporting documents required in Article 143(3) of Commission Regulation No 1268/2012.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: a) A statement of yearly turnover realised over the past 3 financial years (for which data are available) together with balance sheets or summaries thereof certified by external auditors in accordance with applicable national law.
b) Financial criteria:
On the basis of the balance sheets and their summaries and on the basis of definitions provided below, the candidate must demonstrate:
1) past performance (PP):
PP1: business is EBIT profitable in 2 at least of the last 3 years. EBIT calculated after adjusting for the impact of exceptional items in the P&L,
or
PP2: the average of the ratio of the EBIT to the turnover over the last 3 years is greater than [3 %]. EBIT calculated after adjusting for the impact of exceptional items in the P&L;
2) financial sustainability (FS):
FS1: current assets divided by current liabilities is greater than [1] for each of the last 3 years;
3) contract financial impact (FI):
FI1: net asset value is greater than [50 %] TCV of the lot.
Definitions:
Turnover: the entity's annual sales volume net of all discounts and sale taxes.
EBIT: earnings before interest and taxes. EBIT excludes income and expenditure from unusual, non-recurring or discontinued activities. Also called 'operating profit'.
Current assets: an asset is a resource controlled by the entity as a result of past events from which future economic benefits are expected to flow to the entity. An entity shall classify an asset as current when:
a) it expects to realise the asset, or intends to sell or consume it, in its normal operating cycle;
b) it holds the asset primarily for the purpose of trading;
c) it expects to realise the asset within 12 months after the reporting period; or
d) the asset is cash or a cash equivalent (as defined in IAS 7) unless the asset is restricted from being exchanged or used to settle a liability for at least 12 months after the reporting period.
An entity shall classify all other assets as non-current.
Current liabilities: a liability is a present obligation of the entity arising from the past events, the settlement of which is expected to result in an outflow from the enterprise's resources, i.e., assets.
An entity shall classify a liability as current when:
a) it expects to settle the liability in its normal operating cycle;
b) it holds the liability primarily for the purpose of trading;
c) the liability is due to be settled within 12 months after the reporting period; or
d) it does not have an unconditional right to defer settlement of the liability for at least 12 months after the reporting period. Terms of a liability that could, at the option of the counterparty, result in its settlement by the issue of equity instruments do not affect its classification.
An entity shall classify all other liabilities as non-current.
Net asset value: net asset value is the amount by which the value of an entity's assets exceeds its liabilities, representing its capital. Also called 'owner's equity' or 'shareholders' equity' or 'net worth'.
Exceptional items: exceptional items relate to material non-recurring items of income and expense arising from circumstances such as:
a) write-downs of inventories to net realisable value or of property, plant and equipment to recoverable amount, as well as reversals of such write-downs;
b) restructurings of the activities of an entity;
c) releases of provisions;
d) disposals of property, plant and equipment;
e) disposals of associates or other financial assets;
f) discontinued operations;
g) onerous contracts;
h) litigation settlements.
To provide a better understanding of the underlying results of the period, exceptional items are reported separately if the aggregate amount of the specific event or project exceeds 10 000 000 EUR.
TCV: Upper threshold of the estimated total contract value corresponding to the respective lot, as published in the contract notice, Section II.2.1.
Minimum level(s) of standards possibly required: a) the yearly averaged turnover figure for the 3 years must not be less than:
for lot 1: 2 200 000 EUR;
for lot 2: 4 400 000 EUR;
for lot 3: 1 500 000 EUR;
for lot 4: 1 500 000 EUR.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
a) appropriate evidence that the tenderer is owner or licenced operator of a melting facility licenced to process radioactive metallic waste at the time limit for receipt of requests to participate defined in IV.3.4. A copy of the operating licence has to be provided;
b) tenderers shall demonstrate to have completed different melting campaigns of radioactive materials in the past 10 years. Participants have to provide a list of melting campaigns of radioactive materials, giving the details of the nature of the melting campaign, dates and public or private recipients and copies of related plant and commercial records;
c) tenderers shall demonstrate a sufficient melting capacity. A statement together with a copy of the operating licence or operating procedures have to be provided;
d) DIN-EN-ISO 9001 certification or equivalent.
Minimum level(s) of standards possibly required:
b) the tenderers shall demonstrate to have completed at least 3 different melting campaigns of at least 75 t over the past 10 years;
c) tenderers shall demonstrate a minimum melting capacity of 1 500 t per year;
d) DIN-EN-ISO 9001 certification or equivalent must be relevant to the scope of the contract and valid at the date of the deadline of the request to participate defined in IV.3.4.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
Execution of the service is reserved to a particular profession: no
III.3.2)Staff responsible for the execution of the service
Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: no

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
Restricted
IV.1.2)Limitations on the number of operators who will be invited to tender or to participate
IV.1.3)Reduction of the number of operators during the negotiation or dialogue
IV.2)Award criteria
IV.2.1)Award criteria
The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document
IV.2.2)Information about electronic auction
An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
JRC/IPR/2013/C.1/0036/RC.
IV.3.2)Previous publication(s) concerning the same contract
no
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
Payable documents: no
IV.3.4)Time limit for receipt of tenders or requests to participate
3.12.2013
IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates
IV.3.6)Language(s) in which tenders or requests to participate may be drawn up
Any EU official language
IV.3.7)Minimum time frame during which the tenderer must maintain the tender
IV.3.8)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.3)Additional information
a) Based on Article 134(1)(f) of Regulation (EC, Euratom) No 2342/2002, the Commission has the faculty to enter into negotiated procedures with the winning tenderer of the present call for tender for services similar to those of the present notice and/or, based on Article 134(1)(g) additional supplies.
b) With reference to Section IV.3.4, time limit, requests to participate must be sent in duplicate not later than 3.12.2013 (postal service date) or delivered by hand not later than 3.12.2013 (16:00) at the address mentioned in Section I.1. In case of hand delivery, a receipt must be obtained as proof of submission, signed and dated by the Commission's central mail department.

c) Documents and communications related to this procedure are available free of charge at the following website: http://www.jrc.ec.europa.eu/callsfortender

Any additional information and reply to request for clarifications will be published on this website. It is therefore the responsibility of the applicants to check this website on a regular basis.

d) With regards to III.2(b), in case your balance sheets are not in EUR, the table for the financial ratios has to be filled in EUR using the exchange rate published in the EU Official Journal, series C on 29/12 of each financial year you are declaring. Please consult: http://new.eur-lex.europa.eu/oj/2008/12/direct-access.html?ojSeries=OJ-C&ojYear=2013

VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

General Court
rue du Fort Niedergrünewald
2925 Luxembourg
Luxembourg
E-mail: cfi.registry@curia.europa.eu
Telephone: +352 4303-1
Internet address: http://curia.europa.eu
Fax: +352 4303-2100

VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: Within 2 months of the plaintiff being notified or, failing this, of the day on which it came to his knowledge.
VI.4.3)Service from which information about the lodging of appeals may be obtained

As in point VI.4.1

VI.5)Date of dispatch of this notice:
25.10.2013