2024-06-26+00:00 08:47:44+00:00 16 https://www.skyss.no/ ORG-0001 Skyss Postboks 7900 Skyss – Avdeling kontrakt Bergen 5020 NOR 992051825 Åshild Fossgard Sandøy +47 05557 ashild.fossgard.sandoy@skyss.no https://www.domstol.no/no/domstoler/tingrett/hordaland-tingrett/ ORG-0002 Hordaland tingrett Postboks 7412 Bergen 5020 NO0A2 NOR 926 723 367 55 69 97 00 hordaland.tingrett@domstol.no 00382601-2024124/20242024-06-27Z 2.3 eforms-sdk-1.7 facb417d-4707-4bfb-ae3d-9f00acca67d2 7158fdfd-3c3f-443b-a6ba-6e0c4f2a4249 2024-06-26+00:00 08:47:39+00:00 01 32014L0024 cn-standard ENG ra gen-pub ORG-0001 bankr-nat Is the supplier in a situation where he has been forced debt arrangement? Specify why, under the mentioned circumstances, one is able to carry out the contract, considering the current national provisions and measures for continuing the business activities? It is not necessary to provide this information if rejection of tenderers made mandatory in accordance with the current national law without the possibility for exceptions. bankruptcy Is the tenderer in a bankruptcy situation? Specify why, under the mentioned circumstances, one is able to carry out the contract, considering the current national provisions and measures for continuing the business activities? It is not necessary to provide this information if rejection of tenderers made mandatory in accordance with the current national law without the possibility for exceptions. corruption Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, in the event a enforceable verdict has been convicted of corruption by a verdict handed down not more than five years ago, or a rejection period determined directly in the judgement that still applies? Corruption as defined in Article 3 of the Convention on Combating Corruption, Involving European Communities or European Union Member States (EUT C 195 of 25.6.1997, s. 1), and in Article 2, point 1, in the Council ́s framework decision 2003/568/RIA of 22 July 2003 on combating corruption in the private sector (EUT L 192 of 31.7.2003, p. 54). This rejection reason also includes corruption as defined in national law for the contracting authority or supplier. cred-arran Is the supplier in a situation where he has been forced debt arrangement? Specify why, under the mentioned circumstances, one is able to carry out the contract, considering the current national provisions and measures for continuing the business activities? It is not necessary to provide this information if rejection of tenderers made mandatory in accordance with the current national law without the possibility for exceptions. crime-org Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, at the time a legally convicted verdict of participation in a criminal organisation by a verdict handed down no more than five years ago, or a rejection period set out directly in the judgement that still applies? Participation in a criminal organisation as defined in Article 2 of the Council ́s framework decision 2008/841/RIA of 24 October 2008 on control of organised crime (EUT L 300 of 11.11.2008, p. 42) distorsion Has the tenderer entered into agreement(s) with other tenderers with the intention of turning the competition? envir-law Is the tenderer aware of breaches of environmental provisions as stated in national law, the relevant notice or procurement documents or Article 18 (2) of Directive 2014/24/EU. finan-laund Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, in the event a legal verdict has been convicted of money laundering or financing terrorism by a verdict handed down no more than five years ago, or a rejection period set out directly in the judgement that still applies? Money laundering or financing terrorism As defined in Article 1 of the European Parliament and Council Directive 2005/60/EF of 26 October 2005 on preventive measures against the use of the financial system for money laundering and financing terrorism (EUT L 309 of 25.11.2005, p. 15). fraud Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, at the time a legally convicted of fraud has been convicted of fraud by a verdict handed down not more than five years ago, or a rejection period determined directly in the judgement that still applies? Fraud included in Article 1 of the Convention on protection of the Financial Interests of the European Communities (EFT C 316 of 27.11.1995, p. 48). human-traffic Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body or has the competence to represent or control or make decisions in such bodies, in the event a legal verdict has been convicted of child labour and other forms of human trafficking by a verdict handed down no more than five years ago, or a rejection period determined directly in the judgement that still applies? Child labour and other forms of human trafficking as defined in Article 2 of the European Parliament and council directive 2011/36/EU of 5. 1 April 2011 on the prevention and control of human trafficking and the protection of its victims and for compensation of the Council ́s framework decision 2002/629/RIA (EUT L 101 of 15.4.2011, p. 1). insolvency Is the tenderer in an insolvency situation? Specify why, under the mentioned circumstances, one is able to carry out the contract, considering the current national provisions and measures for continuing the business activities? It is not necessary to provide this information if rejection of tenderers made mandatory in accordance with the current national law without the possibility for exceptions. labour-law Is the tenderer aware of breaches of provisions on working conditions as stated in national law, the relevant notice or procurement documents or Article 18 (2) of Directive 2014/24/EU. liq-admin Specify why, under the mentioned circumstances, one is able to carry out the contract, considering the current national provisions and measures for continuing the business activities? It is not necessary to provide this information if rejection of tenderers made mandatory in accordance with the current national law without the possibility for exceptions. misrepresent Has the tenderer: a) given grossly incorrect information with the notification of the information required to verify that there is no basis for rejection, or of the qualification requirements being fulfilled, b) failed to provide such information, c) made reservations immediately to present the supporting documents requested by the contracting authority, or d) improperly affected the contracting authority ́s decision process to acquire confidential information that could give this an unlawful advantage in connection with competition, or negligently has given misleading information that can have a significant influence on decisions on rejection, selection or award? nati-ground The following rejection reasons in the procurement regulations § 24-2 are purely national rejection reasons: - §24-2(2). In this order, it is stated that the contracting authority can reject a tenderer when he is familiar with the fact that the tenderer is legally convicted or has decided on a provision for the stated punishable conditions. The requirement that the contracting authority shall reject tenderers who have adopted conditions for the stated punishable conditions is a distinctively Norwegian requirement. - 24-2(3) letter i. The rejection reason in the ESPD form only applies to serious errors in the professional training, while the Norwegian reason for rejection also covers other general serious errors that may lead to doubts about the tenderer's professional integrity. The contracting authority will reject suppliers who break the sanctions regulations § 8n and otherwise contribute to the maintenance of the Israeli settlements that are contrary to international law. See Procedural description point 7.3. partic-confl Are tenderers aware of a conflict of interest as stated in national law, the relevant notice or procurement documents? prep-confl Has the tenderer or an entity associated with the supplier advised the contracting authority or in another way been involved in the planning of the competition? prof-misconduct Has the tenderer committed serious errors in professional practice? If relevant, see the definitions in national law, the relevant notice or procurement documents. sanction Has the tenderer committed significant breaches of contract in connection with the fulfilment of a previous public contract, a previous contract with a public contracting authority or a previous concession contract, where the breach has led to the cancellation of the contract, compensation or other similar sanctions? socsec-law Is the tenderer aware of breaches of provisions on social conditions as stated in national law, the relevant notice or procurement documents or Article 18 (2) of Directive 2014/24/EU. socsec-pay Have tenderers failed to fulfil all their social security obligations in the country where they are established and in their member state, if this is a different country than what he is established in? susp-act Specify why, under the mentioned circumstances, one is able to carry out the contract, considering the current national provisions and measures for continuing the business activities? It is not necessary to provide this information if rejection of tenderers made mandatory in accordance with the current national law without the possibility for exceptions. tax-pay Has the tenderer not fulfilled his tax and duty obligations in the country in which he is established, and in the contracting authority's member state, if this is a different country than what he is established in? terr-offence Is the tenderer himself or a person, who is a member of the tenderer's administration, management or supervisory body, or has the competence to represent or control or make decisions in such bodies, in the event a legal verdict has been convicted of acts of terrorism or criminal acts connected to terrorist activities by a verdict handed down no more than five years ago, or a rejection period set out directly in the judgement that still applies? Acts of terrorism or criminal acts relating to terrorist activity as defined in Article 1 and 3 of the Council ́s framework decision 2002/475/RIA of 13 June 2002 on combating terrorism (EFT L 164, af 22.6.2002, p. 3). This rejection reason also includes incitement to, participation or attempts to commit such actions as included in Article 4 in the mentioned framework decision. This procurement is made in accordance with the Public Procurement Act, dated 17 July 2016 no. 73 (the Procurement Act) and the Public Procurement Regulations of 12 August 2016 no. 974 (procurement regulations). The procurement will be carried out as a competition with negotiations. The contracting authority in this competition reserves the right, however, to award the contract without negotiations if the contracting authority finds that the need to negotiate after evaluating the tenders is not present. The procedure gives all interested suppliers the opportunity to submit a request to participate in the competition. Only those suppliers who meet the qualification requirements and are invited by the Contracting Authority can make offers/tenders. The contracting authority may choose to carry out negotiations in several phases where the number of tenderers reduces between each of the phases. The first reduction can take place before the negotiations. Such a reduction will possibly take place on the basis of the award criteria. See the procurement regulations § 23-11. neg-w-call false SKYSS/24/23 Operation of ferry services in Sogn og Fjordane and Osterøy The purpose of the procurement is to get an operator in place to operate the ferry routes Måløy-Husevågøy-Oldeide, Isane-Stårheim, Askvoll-Fure-Værlandet, Rysjedalsvika-Rutledal-Krakhella-Losna, Hisarøy-Mjånes and Breistein-Valestrand. See the contract document for requirements for the delivery in chapter 2, requirements for the vessels in chapter 3, route production requirements in chapter 4 and climate requirements in chapter 5. The procurement is divided into three subcontracts: - Subcontract 1: operation of the routes Måløy-Husevågøy-Oldeide, Isane-Stårheim, Askvoll-Fure-Værlandet, Rysjedalsvika-Rutledal-Krakhella-Losna. The contract includes an option fpr the Contracting Authority to include the route Askvoll-Gjervik. - Subcontract 2: Operation of the Hisarøy-Mjånes route. - Subcontract 3: Operation of the Breistein-Valestrand route. The contracting authority will enter into three contracts. Tenderers can submit tenders for one or several of the contracts. It will not be possible to submit a joint tender for all three contracts. Subcontracts 1 and 3 will apply from the time of contract signing up to and including 30.11.2042, while subcontract 2 will apply from the time of signing up to and including 29.11.2037. See the Contract's point 1.1.5. Start of operation of the route shall be 29.11.2027. See contract point 1.1.5. The contracts will be gross contracts, where the contracting authority is responsible for marketing and ticket income, while the operators carries out the route production for a payment from the contracting authority. services Subcontracts 1 and 3 will apply from the time of signing until 30.11.2042, while subcontract 2 will apply from the time of signing up until and including 29.11.2037, see Point 1.1.5 of the contract. The operational start-up shall be from 29.11.2027. See contract point 1.1.5. The contracting authority ́s estimate: Subcontract 1 Sogn og fjordane: Skyss estimates an annual contract sum of approx. NOK 197-277 million, including the option route and estimated costs for energy infrastructure, grid upgrade, mooring installations and quay improvements to NOK 137-466 million. Nok 3,088,000,000 - NOK 4,546,000,000 is the estimate for the entire contract period. This estimate does not include the contracting authority`s rights to change the requirements, for example the right to increase route production, access to require the deployment of larger and/or additional vessels. Estimates are given in 1st quarter 2023 NOK. Subcontract 2 Hisarøy-Mjånes: Skyss estimates an annual contract sum for approx. NOK 11-24 million. Nok 110-240 million is the estimate for the entire contract period. This estimate does not include the contracting authority`s rights to change the requirements, for example the right to increase route production, access to require the deployment of larger and/or additional vessels. Estimates are given in 1st quarter 2023 NOK. Subcontract 3 Breistein-Valestrand: Skys estimates an annual contract sum of approx. NOK 37.5 - 45 million and the estimated costs for energy infrastructure, grid upgrade, mooring installations and quay improvements to NOK 5-23 million. Nok 567-678 million is the estimate for the entire contract period. This estimate does not include the contracting authority`s rights to change the requirements, for example the right to increase route production, access to require the deployment of larger and/or additional vessels. Estimates are given in 1st quarter 2023 NOK. The contract contains requirements for how much of the route production per route must be carried out with documented renewable electricity and the permitted amount of gas emissions. If the requirement for emissions per year is not met, a climate fee will be imposed. See the Contract chapters 5 and 7 for more information. 5484000000 60000000 60600000 60610000 Subcontract 1 includes the routess Måløy-Husevågøy-Oldeide, Isane-Stårheim, Askvoll-Fure-Værlandet, Rysjedalsvika-Rutledal-Krakhella-Losna. NO0A2 Subcontract 2 includes the route between Hisarøy and Mjånes. NO0A2 Subcontract 3 includes the route between Breistein and Valestrand. NO0A2 LOT-0000 ef-stand Economic and financial position requirements Tenderers shall have sufficient economic and financial strength to fulfil the contract. Documentation: Annual accounts The tenderer's annual accounts including notes with the board ́s and auditor's report for the years 2021, 2022 and 2023. Key information Tenderers shall fill in and enclose a form with key information, cf. Annex E. Liquidity plan Tenderers shall submit a short description/plan for how the tenderer will maintain or possibly improve the liquidity of the company in the coming years. E.x. What does the company do to ensure liquidity? What is the equivalent degree of liquidity in the company? Credit rating The contracting authority reserves the right to carry out a credit assessment himself with the help of an independent credit rating company. used other This fulfils the objective and non-discriminatory criteria or rules that shall be used to select the number of tenderers in the following way: If certain certificates or other forms of documentation are requested, indicate for each individual whether the tenderer is in possession of the requested documents: If any of these certificates or other forms of documentation are available in electronic form, the certificates are to be provided for each: used other The tenderer fulfils the stated qualification requirements: All the necessary selection criteria specified in the notice or in the procurement documents mentioned in the notice are fulfilled. used sui-act n-used tp-abil Technical and professional qualifications are required. Tenderers must have good competence and experience from the operation of carferries certified for more than 12 passengers and where the operational assignment includes departures at least three days a week. Documentation: Tenderers shall document their experience by filling in Annex D for the reference assignment/tenderers has carried out in the last three years.   The contracting authority reserves the right to contact the given references and to emphasise the assessment given by the contact person in the evaluation of the tenderer ́s qualifications.      used tp-abil Organisational and legal requirements Tenderers shall be a legally established company. Documentation: Norwegian tenderers: Documented by a company registration certificate from the http://altinn.no The Company Registration Certificate must not be more than six months old. Foreign tenderers: Verification that the tenderer is registered in a trade register or company register. legislation in the country where the tenderer is established. Group of tenderers: If groups of suppliers are considering delivering tenders to Saman, a legal company with joint and several liability will be required to sign the contract. used tp-abil Tenderers must have all their tax affairs with the tax authorities in order Tenderers must have all their tax affairs with the tax authorities in order Documentation: Tenderers shall deliver 1. Tax certificates (not older than six months). For Norwegian tenderers: Certificate for tax and VAT from the tax office via the Altinn.no. For foreign tenderers: Foreign tenderers must submit corresponding certificates from their countries that show that they have the tax and duty payments in order. If the authorities in the relevant country do not conduct such certificates, the tenderer shall submit a statement which states that all taxes and duties have been paid. The declaration shall be approved and signed by the tenderer's Financial Director/ financial liability doctor. The documentation shall be in Norwegian or English. used not-allowed no-eu-funds false not-allowed true The subcontract 1 contains a requirement for a guarantee of NOK 35 million, for subcontract 2 a guarantee of NOK 2,5 million and a guarantee of NOK 6 million for subcontract 3. Lenke til innkjøpsdokumentene non-restricted-document https://tendsign.com/doc.aspx?MeFormsNoticeId=23400 late-none none required false no allowed false true per-exa 100 price Lowest evaluation price The contracting authority will award the 3 contracts to the tenderer/tenderers who delivers the tender with the lowest offered evaluation sum. See the Procedure Description for information on filling in the price form and evaluation. 0 quality Climate requirements The Procurement Regulations § 7-9 requires that climate and environmental considerations are, as a general rule, weighted with a minimum of thirty percent in competitions. However, it is a possibility for the contracting authorities to use climate and environmental requirements in the requirement specifications in stead of as an award criterion. This is only possible "if it is clear that this provides a better climate and environmental effect and this is justified in the procurement documents". In concrete terms, this means that Skyss can use minimum emissions reduction requirements if it will produce a better climate and environmental effect than using it as an award criterion.   Skyss wants to use the alternative in the fourth section which opens up for use of minimum requirements in stead of award criteria. The main reason for this is that the award criteria does not give enough guarantee for what climate and environmental effects one achieves. The contracting authority would like to be sure that a minimum level of emission reduction is achieved in line with Vestland County Municipality's ambition of zero emissions by 2030. Furthermore, the contracting authority needs foresight related to contract costs, and for that reason sees that minimum requirements provide greater certainty for emission reductions within the economic framework the contracting authority has at his disposal. Furthermore, the use of minimum requirements related emissions is considered to be the most cost-effective tool for achieving a defined minimum level of emission reductions. In the spring of 2023, a proposal for zero-emission regulations for boats and ferries was put out for consultation. Skyss assumes that these regulations are intended to specify special rules for boat and ferry contracts rather than the general climate rule in the procurement regulations. In the proposed regulation, a requirement for zero emissions was laid down for all vessels, with the exception of vessels and routes where the cost of measures for climate reductions will exceed NOK 5,000 per tonne of CO2. Based on, amoung other things, the guidelines in the regulation proposal, the contracting authority for this competition has set minimum requirements for the following emission reductions: For subcontract 1 the contracting authority sets requirements that means that the routes Isane-Stårheim and Måløy-Oldeide shall be operated with an electrical degree of about 95%. For the routes Askvoll-Værlandet, Askvoll-Gjervik and Krakhella-Rysjedalsvika, it is a requirement that the operation must be partly electric. The requirement for route Askvoll-Værlandet is equivalent to approx. 68% lower emissions than today, Rysjedalsvika-Krakhella approx. 48% lower emissions than today and the (option) route Askvoll-Gjervik having approx. 85% lower emissions than today. For subcontracts 2 and 3 the contracting authority the requirements means that the route shall be operated with an electrical degree of approx. 95%. As the requirement in total will guarantee an emission reduction of at least 70-95 per cent compared to today, the requirements will, in the contracting authority's assessment, have a better climate and environmental effect than using climate as an award criterion. https://tendsign.com/doc.aspx?MeFormsNoticeId=23400&GoTo=Tender ORG-0001 ORG-0001 From procedure depiction. ORG-0002 NOR true true false required false 2024-09-05Z 2024-08-26+00:00 10:00:58+00:00 2024-08-18+00:00 22:00:00+00:00 false none none SKYSS/24/23 Operation of ferry services in Sogn og Fjordane and Osterøy The purpose of the procurement is to get an operator in place to operate the ferry routes Måløy-Husevågøy-Oldeide, Isane-Stårheim, Askvoll-Fure-Værlandet, Rysjedalsvika-Rutledal-Krakhella-Losna, Hisarøy-Mjånes and Breistein-Valestrand. See the contract document for requirements for the delivery in chapter 2, requirements for the vessels in chapter 3, route production requirements in chapter 4 and climate requirements in chapter 5. The procurement is divided into three subcontracts: - Subcontract 1: operation of the routes Måløy-Husevågøy-Oldeide, Isane-Stårheim, Askvoll-Fure-Værlandet, Rysjedalsvika-Rutledal-Krakhella-Losna. The contract includes an option fpr the Contracting Authority to include the route Askvoll-Gjervik. - Subcontract 2: Operation of the Hisarøy-Mjånes route. - Subcontract 3: Operation of the Breistein-Valestrand route. The contracting authority will enter into three contracts. Tenderers can submit tenders for one or several of the contracts. It will not be possible to submit a joint tender for all three contracts. Subcontracts 1 and 3 will apply from the time of contract signing up to and including 30.11.2042, while subcontract 2 will apply from the time of signing up to and including 29.11.2037. See the Contract's point 1.1.5. Start of operation of the route shall be 29.11.2027. See contract point 1.1.5. The contracts will be gross contracts, where the contracting authority is responsible for marketing and ticket income, while the operators carries out the route production for a payment from the contracting authority. services 3 Subcontracts 1 and 3 will apply from the time of signing until 30.11.2042, while subcontract 2 will apply from the time of signing up until and including 29.11.2037, see Point 1.1.5 of the contract. The operational start-up shall be from 29.11.2027. See contract point 1.1.5. The contracting authority ́s estimate: Subcontract 1 Sogn og fjordane: Skyss estimates an annual contract sum of approx. NOK 197-277 million, including the option route and estimated costs for energy infrastructure, grid upgrade, mooring installations and quay improvements to NOK 137-466 million. Nok 3,088,000,000 - NOK 4,546,000,000 is the estimate for the entire contract period. This estimate does not include the contracting authority`s rights to change the requirements, for example the right to increase route production, access to require the deployment of larger and/or additional vessels. Estimates are given in 1st quarter 2023 NOK. Subcontract 2 Hisarøy-Mjånes: Skyss estimates an annual contract sum for approx. NOK 11-24 million. Nok 110-240 million is the estimate for the entire contract period. This estimate does not include the contracting authority`s rights to change the requirements, for example the right to increase route production, access to require the deployment of larger and/or additional vessels. Estimates are given in 1st quarter 2023 NOK. Subcontract 3 Breistein-Valestrand: Skys estimates an annual contract sum of approx. NOK 37.5 - 45 million and the estimated costs for energy infrastructure, grid upgrade, mooring installations and quay improvements to NOK 5-23 million. Nok 567-678 million is the estimate for the entire contract period. This estimate does not include the contracting authority`s rights to change the requirements, for example the right to increase route production, access to require the deployment of larger and/or additional vessels. Estimates are given in 1st quarter 2023 NOK. The contract contains requirements for how much of the route production per route must be carried out with documented renewable electricity and the permitted amount of gas emissions. If the requirement for emissions per year is not met, a climate fee will be imposed. See the Contract chapters 5 and 7 for more information. clim-mitig other 5484000000 60000000 60600000 60610000 Subcontract 1 includes the routess Måløy-Husevågøy-Oldeide, Isane-Stårheim, Askvoll-Fure-Værlandet, Rysjedalsvika-Rutledal-Krakhella-Losna. NO0A2 Subcontract 2 includes the route between Hisarøy and Mjånes. NO0A2 Subcontract 3 includes the route between Breistein and Valestrand. NO0A2 2025-01-31Z 2042-11-29Z For subcontrakt 1, the contracting authority has the right to expand the assignment with the operation of the Askvoll-Gjervik-Fure route.