Section II: Object of the contract
II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
Award of spnv-leistungen lines Re 8 and RB 33.
II.1.2)Type of contract and location of works, place of delivery or of performanceServices
Service category No 18: Rail transport services
Main site or location of works, place of delivery or of performance: Re 8 (Mönchengladbach Bonn-Beuel, Köln, Koblenz)
(RB 33 Mönchengladbach — Duisburg — Essen — Aachen/Heinsberg (alleviating flügelung)).
NUTS code DEA15,DEA23,DEA2C,DEB11,DEA25
II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)The notice involves a public contract
II.1.4)Information on framework agreement
II.1.5)Short description of the contract or purchase(s)
The subject of this contract is services in regional rail passenger transport (spnv-aufgabenträger) within the jurisdiction of local passenger transport association (hereafter NVR) Rheinland, Verkehrsverbund Rhein-Ruhr AöR (‘VRR’) and Zweckverband spnv-nord Nord (hereinafter: land Rhineland-Palatinate regional rail passenger transport on the line re 8 international timetable changeover in 2019, probably on 15.12.2019 and the international timetable changeover in 2034, probably on 10.12.2034 and the NVR RB and VRR on the 33 international timetable changeover in 2020, probably on 13.12.2020 and the international timetable changeover in 2034, probably on 10.12.2034 under bruttoverkehrsverträgen with brand new vehicles.
II.1.6)Common procurement vocabulary (CPV) II.1.7)Information about Government Procurement Agreement (GPA)The contract is covered by the Government Procurement Agreement (GPA): no
II.1.8)LotsThis contract is divided into lots: yes
Tenders may be submitted for all lots
II.1.9)Information about variantsVariants will be accepted: no
II.2)Quantity or scope of the contract
II.2.1)Total quantity or scope:
RE 8: around 1,9 million train km/year
RB 33: around 2,0 million train km/year.
II.2.2)Information about optionsOptions: yes
Description of these options: Extension of line 8 Mönchengladbach HBF re, Venlo (NL).
II.2.3)Information about renewalsThis contract is subject to renewal: no
II.3)Duration of the contract or time limit for completionDuration in months: 180 (from the award of the contract)
Information about lots
Lot No: 1 Lot title: Award of spnv-leistungen on line RE 81)Short description
Award of local passenger rail transport services on the Re 8 (Mönchengladbach Bonn-Beuel, Köln, Koblenz). The start of operation of the line Re 8, fully on the international timetable changeover in 2019, scheduled for 15.12.2019. The operation shall end on the international timetable changeover in 2034, scheduled for 10.12.2034.
2)Common procurement vocabulary (CPV) 3)Quantity or scope
Around 1,9 million train km/year.
4)Indication about different date for duration of contract or starting/completion
5)Additional information about lots
Recipients of these services are: NVR spnv-nord, VRR.
Lot No: 2 Lot title: Award of RB 33 spnv-leistungen on line1)Short description
On the award of spnv-leistungen (RB 33 Mönchengladbach — Duisburg — Essen — Aachen/Heinsberg (alleviate flügelung)). The start of operation of the line Ra 33, fully on the international timetable changeover in 2020, scheduled for 13.12.2020. The operation shall end on the international timetable changeover in 2034, scheduled for 10.12.2034.
2)Common procurement vocabulary (CPV) 3)Quantity or scope
Around 2,0 million train km/year.
4)Indication about different date for duration of contract or starting/completionDuration in months: 168 (from the award of the contract)
5)Additional information about lots
Recipients of these services are: NVR and VRR.
Section III: Legal, economic, financial and technical information
III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
In accordance with tender documents.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
In accordance with tender documents.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
Jointly and severally with duly authorised representative.
III.1.4)Other particular conditionsThe performance of the contract is subject to particular conditions: yes
Description of particular conditions: Description of particular conditions: The benefits paid are service providers from different Länder North Rhine-Westphalia and Rhineland-Palatinate, inter alia, jointly awarded. There are different in the Landesvergabegesetze, the collective agreement and Public Procurement Act of North Rhein-Westphalia (TVgG NRW) and the Rhineland Palatinate (landestariftreuegesetz lttg). The laws do not contain identical provisions. Pursuant to § 2, paragraph 6 TVgG NRW, the party responsible for compliance with the provisions of the Act that only the provisions of TVgG NRW are to apply for the purposes of this procurement procedure. It points out that tenderers and their subcontractors and distributor of workers, in so far as they are known at the time the tender submission, in accordance with § 4, § 18 and § 19 to provide necessary commitments have TVgG NRW.
III.2)Conditions for participation
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registersInformation and formalities necessary for evaluating if the requirements are met: Submission of a tender, tenderers must provide the following documents (in the case of consortia of economic operators, each member): Free format, signed self-declaration, stating that:
— no final conviction for a criminal offence, or of an offence concerning the professional conduct of the RU,
— no misconduct within the meaning of § 5 anti-corruption law (korruptionsbg)
— absence of serious or repeated failure to fulfil social or labour law obligations,
— no serious or repeated offences against the interest of the roadworthiness legislation adopted,
— absence of serious or repeated violations of the rules of the General Railways Act (AEG) or similar railway rules of the country of the railway undertaking (RU) or of the regulations based on these acts,
— absence of serious or repeated violations of environmental provisions have been established,
— the RU’s business arising from the tax obligations have been met.
All RUs to directly or indirectly local shareholders also have to show that the submission of the bid in accordance with the economic activity of the municipality is kommunalverfassungsrechts provisions. For example, by a certificate issued by the competent supervisory authority, submission of the tender are not the municipality should have prevented (in the case of municipal capital) or to continue participating in the RU with the kommunalwirtschaftsrecht (in the case of municipal minority shareholding). According to the function or the RU for the relevant gemeinwirtschaftsrechts may require the submission of further evidence.
Candidates must also submit a declaration to the effect that there is no breach of competition law (e.g. by stating the reasons which led to the formation of the group) and that no unlawful anti-competitive collusion.
The contracting authorities reserve the right to take action to recover the missing documents.
III.2.2)Economic and financial abilityInformation and formalities necessary for evaluating if the requirements are met: Submission of a tender, tenderers must provide the following documents (in total), the group of candidates:
1. Free format, signed self-declaration, stating that:
— The railway undertaking is not subject to a bankruptcy or a similar legal proceedings insolvency procedure or enforcement procedure occurred and that there is no equivalent proceedings have been opened or masseabgelehnt requested or, in the absence of this request,
The requirements of section 2 are met (ebzugv eisenbahnunternehmer-berufszugangsverordnung).
2. Annual reports of the last 3 years for which accounts have been closed.
In the case of a declaration of commitment eignungsleihe is in accordance with a model declaration, which shall form an integral part of the tender documents, shall be submitted with the tender.
The contracting authorities reserve the right to take action to recover the missing documents.
III.2.3)Technical capacityInformation and formalities necessary for evaluating if the requirements are met:
Submission of a tender, tenderers must provide the following documents (in total), the group of candidates:
— informal signed declaration that the RU Railway Undertaking for the granting of the necessary know-how, in particular ebzugv eisenbahnunternehmer-berufszugangsverordnung (§ 3),
Evidence that the railway undertaking, the authorisation as a railway undertaking in accordance with § 6 Abs. 2 of Allgemeines Eisenbahngesetz — AEG). If the authorisation is not yet available, the RU has to explain how such up to the award is sought
Signed list of informal, through comparable reference projects as part of or in other rail traffic from the last 3 financial years,
— information on the transport and tarifkooperation experience from the last 3 financial years, where available.
In the case of a declaration of commitment eignungsleihe is in accordance with a model declaration, which shall form an integral part of the tender documents, shall be submitted with the tender.
The contracting authorities reserve the right to take action to recover the missing documents.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular professionExecution of the service is reserved to a particular profession: yes
Reference to the relevant law, regulation or administrative provision: The provision of transport services, a marketing authorisation pursuant to § 6, paragraph 2 of the Railways Act; To achieve this, point III.2.3 above.
III.3.2)Staff responsible for the execution of the serviceLegal 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 procedureNegotiated
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 criteriaThe 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
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
IV.3.2)Previous publication(s) concerning the same contract IV.3.3)Conditions for obtaining specifications and additional documents or descriptive documentPayable documents: yes
Price: 200 EUR
Terms and method of payment: BPR Consult GmbH
IBAN CODE: DE32570900001038502020
Volksbank Koblenz).
IV.3.4)Time limit for receipt of tenders or requests to participate19.9.2016 - 12:00
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 upGerman.
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 recurrenceThis is a recurrent procurement: no
VI.2)Information about European Union fundsThe contract is related to a project and/or programme financed by European Union funds: no
VI.3)Additional information
The NVR shall carry out this procedure led by other contracting authorities:
Verkehrsverbund Rhein-Ruhr AöR, augustastr. 1, 45879 Gelsenkirchen
ZWECKVERBAND friedrich-ebert-ring Nord, Rhineland-Palatinate regional rail passenger transport 14-20, 56068 Koblenz.
The local authorities in the implementation of the procurement procedures of the BPR consult GmbH — Gesellschaft für consultancy and project management in transport. The authorities shall be organised in such a way as to assist in the implementation of the procurement procedure. The local authorities all the substantive decisions.
The procedures for the preparation of the tender documents. The tender documents are available at the following protected website on the Internet and can be downloaded:
https://www.nvr-re8-rb33-vergabe.daisikomm.de
The site is protected by a login and a password protected. The user’s details after payment of EUR 200 pursuant to point IV.3.3. of the BPR to consult GmbH (Annex A (II).
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures VI.4.2)Lodging of appealsPrecise information on deadline(s) for lodging appeals: The procedure for infringements of this award are governed by the provisions of § § 102 et seq. of the Law against restrictions on competition (Gesetz gegen Wettbewerbsbeschränkungen). In order to respect the time limits, see § § 107 et seq. of the GWB. In particular, we would point out that the application pursuant to § 107, paragraph 3 sentence 1 No 4 GWB no later than 15 calendar days after receipt of the notification by the contracting authority, a nonsense to claim cannot be made. Breaches of procurement law are under § 107 subpara. 3 No 1 GWB, without undue delay, within a period of 10 days after the tenderer has acknowledged the infringement complaints with the contracting entity. Breaches of procurement law, are identifiable on the basis of the contract notice in accordance with § 107 subpara. 3 No 2 GWB, at the latest by the closing date for the submission of tenders the contracting authority of first instance. On the basis of breaches of procurement law, the tender documents, in accordance with § 107 subpara. 3 No 3 GWB also at the latest until the deadline for the submission of tenders to the contracting authority.
VI.4.3)Service from which information about the lodging of appeals may be obtained VI.5)Date of dispatch of this notice:15.4.2016