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Denmark-Copenhagen: Construction work for buildings relating to health
Section I: Contracting authority
Section II: Object
Design and Build Contract — New Hospital Bispebjerg
Region Hovedstaden v/Bispebjerg Projektet (Capital Region, the Bispebjerg Project) (the “Contracting Entity”) intends to award a design and build contract for the design and construction of new emergency facilities (“New Hospital Bispebjerg”) which will become a part of New Hospital and New Psychiatry Bispebjerg located at Bispebjerg Bakke, Copenhagen NV, Denmark.
The contract put up for tender includes the demolition of an existing hospital building of approx. 20 000 m2 as well as design and construction of a new hospital building of approx. 76 000 m2, parking spaces of approx. 3 800 m2 as well as related landscaping. The work is to be performed within an area of the Bispebjerg Hospital campus, while the hospital is in full operation. The Design and Build Contractor will be responsible for the design and construction of the works in accordance with the tender documents to which reference is made.
Bispebjerg Bakke 23, 2400 København NV.
As part of the Capital Region's Hospital and Psychiatry Plan 2020, Bispebjerg Hospital is currently undergoing a large renovation and modernisation process. The vision behind this objective is to extend the hospital so as to create a place where patients, relatives and employees thrive and navigate easily in an aesthetic environment of both new and historical buildings and greenspaces. The area will become a health district in 'the city of tomorrow', a park for recreation and health, and preventive activities for present and future patients. The overall plan for New Hospital Bispebjerg and New Psychiatry Bispebjerg includes a light renovation and modernisation of some of the hospital's listed buildings, major renovation of other existing buildings, demolitionof end-of-life buildings, and construction of new buildings. One of these new constructions will be the newsomatic hospital, also referred to as "New Hospital Bispebjerg", which is the subject of this call for tenders. New Hospital Bispebjerg is one of the largest and most ambitious construction projects in Copenhagen in the coming years and is characterised by a high level of technical and logistic complexity with many interfaces and many stakeholders. A significant complexity of the project is that the on-going clinical functions at Building 7 shall be transferred to and shall be ready for clinical acceptance at the new facility before the Building 7, which is entirely within the site boundary, can be demolished for the construction to be completed. A construction process in phases is therefore necessary in order to provide for a phased transition during the project. This Contract Notice launches a call for tenders for a Design and Build Contract. The configuration of the mainfunctions of the New Hospital Bispebjerg are:
— A&E (Ambulance and Emergency)
— Perioperative area
— Intensive care
— Outpatient units
The tender package is designed to feed into the main competences, supply-chain and production expertise, of a general design and build contractor, or consortium of contractors with strong healthcare competences and comprises of:
— Contract and and contract related documents
— Binding requirements that are Project Basis, cf. para 5.2 in the Tender Specifications
— Non-binding, for reference documents that are Project Information, cf. para 5.2 in the Tender Specifications
The Contract is subject to the negotiated procedure and therefore includes a prequalification process. It should be noted that the amount of m2 mentioned in section II.1.4 is merely an estimated amount at the time of tendering. The scope (which may include but is not limited to the reduction of construction area) may be reduced if, during the negotiations, the Contracting Entity's budget should prove to be insufficient for the design and construction of a building of the mentioned size.
In addition, reference is made to the tender documents.
It is emphasised that the Contracting Entity reserves the right, after publication of the Contract Notice, to modify the tendered project by adding a Mother and Child center to be part of the hospital instead of the four floors originally designated to be bed wards (thus, the total amount of sqm. remains unchanged). In this case, the Mother and Child center must be priced and included in the evaluation of the final tender. The modification of the tender documents can be made by the Contracting Entity before submission of initial tender.
The Contracting Entity will among the suitable candidates select four candidates who on the basis of the Contract at issue are assessed to have submitted the most relevant references.
The assessment of the candidates' references will take place on the basis of an overall assessment of the references submitted, see section III.1.3).
“Relevant references” means projects of a significant financial size and with a complexity corresponding to the tendered project [see the description of the project in section II.2.4) of the Contract Notice].
In the assessment of the relevance of the references, the following will be considered particularly favourably:
— the time when the work/services covered by the reference was/were delivered ("newer" references will be given more weight than “older” references),
— experience in hospital construction, laboratory construction, construction of research facilities, construction of pharmaceutical facilities, construction of medical centres, construction of nursing homes, construction of food production facilities, utilities (e.g. heat and power plants), data centres, as well as construction projects with a hospital in operation,
— experience in design and build projects of similar size and complexity as the project put up for tender.
Options are summarised in the pricing document.
As part of their application, the candidates must complete and upload (via Byggeweb) the ESPD prepared by the Contracting Entity and made available as an xml file. The candidates must download the file and then import and complete it via the website https://ec.europa.eu/growth/tools-databases/espd/filter?lang=da
Instructions asto how to complete the ESPD are uploaded to the tender portal/Byggeweb.
Section III: Legal, economic, financial and technical information
The candidates are not required to have enrolled on professional or trade registers.
Prequalification is to be applied for by submission of the European Single Procurement Document ("ESPD"). An ESPD form is made available via Byggeweb, see section I.3. The candidate must provide the following information in the ESPD:
1) Information as to the candidate's name, CVR number (company registration number), address, telephone number, e-mail, contact person as well as information on the candidate's corporate form is to be provided in the relevant parts of Part II of the ESPD.
2) In relation to the mandatory and voluntary grounds for exclusion set out in sections 135, 136 and 137 of the Danish Public Procurement Act (udbudsloven), the candidate must fill in Part III, paras A, B and C of the ESPD. As for voluntary exclusion grounds, section 137, paras 1), 2) and 3) of the Public Procurement Act will apply.
3) In relation to the economic and financial capacity of the candidate, the candidate must fill in and provide the information requested in section III.1.2 below.
4) In relation to the technical and professional capacity of the candidate, the candidate must fill in and provide the information requested in section III.1.3 below.
If an application for prequalification is submitted by a consortium or similar association of operators etc., the ESPD must be provided for each of the participants of the consortium/association.
If the candidate relies on the economic/financial capacity (section III.1.2) and/or technical and professional capacity (section III.1.3) of other operators, Part II.C of the ESPD must be completed and, in addition, an ESPD must be submitted for each of the entities on which the candidate relies. If the candidate relies on the economic/financial and/or technical/professional capacity of other entities/third parties, the candidate will be requested (following the prequalification) to demonstrate that it has at its disposal the resources necessary for performing the contract, for example by submitting a letter of commitment stating such other entities' legal obligation to put the necessary resources at the disposal of the candidate during the term of the contract.
Before the award, the tenderer to whom the Contracting Entity intends to award the Contract, must submit documentation substantiating the information provided in the ESPD, see sections 151-152, cf. section 153 of the Public Procurement Act.
The Contracting Entity expects to obtain this documentation after prequalification, see section VI.3 below.
If the candidate is a group/consortium, the candidate must after prequalification submit a statement concerning the designation of a joint representative authorised to bind the group during the term of the contract, as well as a statement on joint and several, direct and unconditional liability towards the Contracting Entity/Client in respect of the Design and Build Contract.
The candidate must in Part IV of the ESPD provide the following information:
Part IV, para B ("General yearly turnover") — the candidate must state its total yearly turnover for the most recent financial year available. If the candidate has not yet presented its annual accounts, information must be provided in Part IV, para B of the ESPD ("Set-up of economic operator") of the turnover from the time when the candidate was set up or started trading.
Part IV, para B ("Financial ratio") - the candidate must state its solvency ratio for the most recent financial year available. If the candidate has not yet presented its annual accounts, the candidate must state the solvency ratio at the time of application.
Part IV, para B ("Other economic or financial requirements") - the candidate must state that the security required under clause 9 of the draft Design and Build Contract can be provided at the time of conclusion of contract. The security provided must in this regard be calculated on the basis of a contract price of DKK 1.55 billion excluding VAT.
The information in the ESPD is used as preliminary proof that the candidate complies with the minimum requirements set out below.
Before the award of contract, the tenderer to whom the Contracting Entity intends to award the Contract must submit documentation that the information stated in the ESPD is accurate, see section VI.3 below as to when documentary evidence is expected to be obtained.
Upon the Contracting Entity's request, the candidate must submit the following documentation of economic and financial capacity:
1) A statement regarding the operator's overall turnover in the most recent financial year available, depending on the date when the operator was set up or started trading in so far as information of the turnover is available. For groups of operators (e.g. a consortium), the information must be provided for each participating operator in the group. Where an operator relies on the economic and financial capacity of other entities (e.g. a parent company, a sister company or a subcontractor), information for such other entities must also be provided.
2) A statement regarding the operator's solvency ratio in the most recent financial year available, or other documentation of the size of the solvency ratio. For groups of operators (e.g. a consortium), the information must be provided for each participating operator in the group. Where an operator relies on the economic and financial capacity of other entities (e.g. a parent company, a sister company or a subcontractor), information for such other entities must also be provided.
3) A statement from a financial institution or other guarantor that the candidate is able to provide security as required in the construction contract, see clause 9 of the Design and Build Contract. The security is to be calculated on the basis of a contract price of DKK 1.55 billion excluding VAT.
If the figures of turnover and solvency ratio are provided in audited annual reports or equivalent documents, such annual reports will be sufficient documentation.
If the candidate relies on the economic and financial capacity of other entities, such other entities must undertake joint and several liability towards the Contracting Entity upon signature of contract (but not in connection with prequalification).
As a minimum requirement, a total annual turnover of at least 3 000 000 000 DKK is required in the most recent financial year available. If the candidate relies on the financial capacity of other entities, the turnover is to be calculated as the total turnover of the candidate and such other entities in the most recent financial year available. For groups of operators (e.g. a consortium), the turnover is calculated as the total turnover of the operators in the most recent financial year available. If the candidate/entity has not yet presented its annual accounts, the requirement in relation to turnover will apply from the time/the period when the candidate was set up or started trading until the time of application.
As a minimum requirement, an solvency ratio is required of at least 10 % in the most recent financial year available. The solvency ratio is calculated as: equity/total assets * 100. If the candidate relies on the financial capacity of other entities, the solvency ratio is to be calculated as the total solvency ratio of the operator and such other entities for the most recent financial year available. For groups of operators (e.g. a consortium), the solvency ratio is calculated as the total solvency ratio of the operators in the most recent financial year available. If the candidate/entity has not yet presented its annual accounts, the solvency ratio requirement will be at the time of application.
If the candidate states its financial data in a foreign currency, the Contracting Entity will convert the currency to DKK on the basis of the official exchange rate of Danmarks Nationalbank (the central bank of Denmark) as at the expiry of the application deadline.
The above minimum requirements will be assessed on the basis of the situation as at the date of application (irrespective of when the documentation might be obtained).
As a minimum requirement, a statement/confirmation that the candidate is able to provide security as required in the construction contract, see clause 9 of the Design and Build Contract. The security is to be calculated in this regard on the basis of a contract price of 1 550 000 000 DKK excluding VAT.
The above requirements are cumulative and must all be complied with in order to fulfil the minimum requirement.
ESPD, Part IV, para C ("Works contracts: performance of works of the specified type") - the candidate is requested to describe the references which document experience in contracting, architectural work, landscaping and engineering concerning relevant construction projects, [see in this respect sections II.1.4 and II.2.4], preferably design and build projects. To ensure sufficient competition, the Contracting Entity has decided to allow the references to date 10 years back calculated from the time of expiry of the application deadline (i.e. the works/services must be carried out within a period of 10 years preceding the expiry of the application deadline). References from contracts/projects in progress are not allowed (i.e. the projects must have been handed over or otherwise finalised).
The candidate may choose to attach the list of references as a separate document. If so, the applicant/entity should specifically refer to such separately enclosed list in Part IV, para C of the ESPD.
The Contracting Entity requests a total maximum of 10 references for the candidate as a whole (irrespective of whether the candidate relies on other entities, is a group/consortium or applies alone). If the candidate submits more than 10 references, the Contracting Entity will only take the 10 newest references into account (i.e. the 10 projects that have been most recently concluded).
If it is not possible to decide which references are the 10 most recent, the references will be selected by drawing lots.
The references should include the following information:
— Name of project,
— The date of delivery of the construction project/finalisation of the services,
— Project price/fee,
— Name of client/customer and contract details,
— Description of the construction/project (type, complexity and size in gross m2),
— Description of the services delivered in connection with the project,
— Type of contract (trade contract, multi-trade contract, main contract, design and build contract),
— Short summary of the reasons for the relevance of the reference as compared to the project put up for tender.
If the candidate relies on the technical capacity of another entity, such other entity must be used as subsupplier/subcontractor for the performance of the task - the details of this requirement are set out in the contract.
Before award of the contract, the tenderer to whom the Contracting Entity intends to award the contract must submit documentation that the information stated in the ESPD is accurate.
Upon the Contracting Entity's request, the candidate must submit the following documentation of technical and professional capacity: The candidate will not be requested to submit further documentation of technical and professional capacity, as the content of the ESPD/the list of references is considered sufficient documentation. However, the Contracting Entity reserves the right to contact 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.
The candidate must at least enclose 1 reference which concerns a “similar project” and at least 1 reference concerning a project of a “significant financial size”. If a reference concerns both a “similar project” and is of a “significant financial size”, that reference alone is sufficient to fulfil the minimum requirement. However, it is not a requirement that it is one and the same reference.
“Similar projects” means design and build contracts where the candidate has undertaken the performance (i.e. the construction works) of one of the following types of construction: hospital construction, laboratory construction, construction of research facilities, construction of pharmaceutical facilities, construction of medical centres, construction of nursing homes, construction of food production facilities, utilities (e.g. heat and power plants), data centres.
A “significant financial size” means design and build projects where the candidate has undertaken the performance (i.e. the construction works) at a contract price of 500 000 000 DKK (500 million DKK) or more.
In addition, the candidate must enclose at least
— one reference concerning architectural design in a similar project type (but not necessarily a design and build contract) and
— one reference concerning engineering design in a similar project type (but not necessarily a design and build contract).
The same reference may in principle fulfil all the above requirements, provided that the specific entity on the same design/build contract has carried out the construction, the architectural design and the engineering design without the use of external entities, e.g. sub-consultants, so that the entity has carried out the tasks in-house, or, in the alternative, all the entities having delivered the above services on the same design/build contract apply jointly.
In order to fulfil the minimum requirements, the specific references must not be more than 10 years old calculated from the time of expiry of the application deadline (i.e. the works/services must be carried out within a period of 10 years preceding the expiry of the application deadline).
The services of the design and build contractor must be performed in accordance with national and international laws and regulations regarding human rights, labour rights, environment and anti-corruption.
— The UN Declaration on Human Rights,
— The ILO Declaration on Labour Rights,
— The Rio Declaration on Environment and Development,
— The UN Convention against Corruption.
Reference is made to the draft Design and Build Contract for details on the Capital Region's social clauses.
The successful tenderer must provide a guarantee as stated in the Design and Build Contract.
Section IV: Procedure
Section VI: Complementary information
First of all, it is pointed out that the amounts stated in sections II.1.5) and II.2.6) are estimated amounts. In addition, reference is made to the tender documents which are available at Byggeweb via the link: http://www.rib-software.dk/udbudsportal Access is also available by using ref. no./code TN367875. The tender documents are there available without the use of login. Application for prequalification requires the creation of a login account.
If the candidate does not already have a valid user name and password, the candidate must first register as a new user. The candidate will then receive a personal e-mail with a link through which the necessary password can be created. After completion of the approval process, log-in is via www.rib-software.dk with the candidate's new user name and new password. Prequalification application takes place via the above link (Byggeweb).
The application takes place by upload of completed ESPD and, if applicable, a separate list of references, see sections III.1.1 - III.1.3, preferably in PDF format. The ESPD is made available in xml format as part of the tender documents. Please note that the xml file does not open on "double click". Instead, the file must first be downloaded to the computer and then uploaded and completed via https://ec.europa.eu/tools/espd, whereupon it is once again saved on the computer and uploaded as part of the application. It is not a requirement that the candidate signs the ESPD document.
As for the requirements in respect of completion of the ESPD, reference is made to section III.1.1 (above).
The candidate should note that it is the responsibility of the candidate to ensure access to the tender portal and to become acquainted with the requirements for compliant submission of the application in due time and within the deadline for application.
All communication in connection with the tender procedure, including questions and answers, must take place through Byggeweb. Questions regarding prequalification must be submitted not later than 22 March 2019. Questions submitted after this date will be answered if they are received in time for the Contracting Entity to provide the information required and communicate the answers not later than six days before expiry of the application deadline. Questions received later than six days before expiry of the deadline cannot expect to be answered.
Interested operators are requested to keep updated via Byggeweb.
Candidates who are in doubt as to the completion of the ESPD document are requested to seek clarification in the "Guide to the ESPD" made available by the Contracting Entity as part of the tender documents, or, in the alternative, to ask questions to the Contracting Entity.
The Client must obtain documentation from the candidate to whom the Client expects to award the contract that the information provided in the ESPD document is correct. With reference to section 151(2) of the Public Procurement Act, the prequalified candidates will be requested when informed of their prequalification to submit final documentation of the accuracy of the information prior to submission of initial tenders.
The necessary documentation of the information on exclusion grounds may, for Danish operators, as a general rule consist of a service certificate from the Danish Business Authority, which must not be more than six months old calculated from the date of submission of application for prequalification. For groups of operators (e.g. a consortium), documentation regarding exclusion grounds must be submitted by all participating members of the group. Where the candidate relies on the economic and financial capacity of other entities (e.g. a parent company, a sister company or a subcontractor), documentation of exclusion grounds must also be submitted for such entities. As for documentation form/documentation requirements in relation to technical/professional and economic/financial capacity, reference is made to sections III.1.2-III.1.3
Appeals concerning the procurement procedure must be lodged with the Danish Complaints Board for Public Procurement (Klagenævnet for Udbud) pursuant to section 7 of Act on the Danish Complaints Board for Public Procurement as follows:
Appeals for not having been prequalified must be submitted to the Danish Complaints Board for Public Procurement within 20 calendar days calculated from the day after the day when the Contracting Entity has sent notification to the affected candidates of the identity of the prequalified candidates, provided that the notification is accompanied by the relevant grounds for the decision.
Other complaints must be received by the Complaints Board for Public Procurement within 45 calendar days calculated from the day after the day when the Contracting Entity has published a notice in the Official Journal of the European Union that the Contracting Entity has entered into a contract. The complainant must no later than at the same time as lodging the appeal with the Complaints Board for Public Procurement notify the Contracting Entity in writing that an appeal has been lodged with the Board and whether the appeal has been lodged within the standstill period. If the appeal was not lodged within the standstill period, the complainant must also state whether a suspensory effect of the appeal has been requested. A complaints fee of 20 000 DKK must be enclosed with the appeal.
For more on the appeals procedure, please see the website of the Complaints Board for Public Procurement: www.klfu.dk