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Supplies - 163053-2023
17/03/2023    S55

Denmark-Fredericia: Machinery and apparatus for filtering or purifying gases

2023/S 055-163053

Contract notice – utilities

Supplies

Legal Basis:
Directive 2014/25/EU

Section I: Contracting entity

I.1)Name and addresses
Official name: Energinet
National registration number: 28980671
Postal address: Tonne Kjærsvej 65
Town: Fredericia
NUTS code: DK Danmark
Postal code: 7000
Country: Denmark
Contact person: Procurement - A
E-mail: procurement@energinet.dk
Telephone: +45 70102244
Internet address(es):
Main address: https://eu.eu-supply.com/ctm/supplier/publictenders?B=ENERGINET
Address of the buyer profile: https://eu.eu-supply.com/ctm/Company/CompanyInformation/Index/228008
I.2)Information about joint procurement
The contract is awarded by a central purchasing body
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=356925&B=ENERGINET
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=356925&B=ENERGINET
Tenders or requests to participate must be submitted to the abovementioned address
I.6)Main activity
Production, transport and distribution of gas and heat

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Framework agreement for deodorization units with THT analyses

Reference number: 22/10325
II.1.2)Main CPV code
42514000 Machinery and apparatus for filtering or purifying gases
II.1.3)Type of contract
Supplies
II.1.4)Short description:

In Denmark, the amount of biogas in the distribution grids increases. When bio natural gas (biomethane) from distribution grids is fed into the transmission grid, the concentration of odorant present in the gas needs to be reduced to accepted trace amounts max (1.0 mg THT/Nm3). The removal of the odorant, tetrahy-drothiophene (THT), will be executed by a deodorization unit, at the place of injection into the transmission system. The Framework Agreement covers purchase of a number of deodorizing units for injection of upgraded biogas from the distribution grid into the natural gas transmission grid in Denmark. The deodorization units for reduction of THT in the source gas has the requirements of the export grids will be included in the reverse flow plant’s facilities. The capacity is within 5.000 Nm3/hr., to 30.000 Nm3/hr., and maximum inlet pressure 19-60 barg. For further details concerning the purchase, reference is made to the appendices to the tender documents.

II.1.5)Estimated total value
Value excluding VAT: 63 000 000.00 EUR
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.2)Additional CPV code(s)
42514000 Machinery and apparatus for filtering or purifying gases
44615000 Pressure vessels
44615100 Steel pressure vessels
42514320 Gas filters
II.2.3)Place of performance
NUTS code: DK Danmark
Main site or place of performance:

The framework agreement covers reverse-flow plants to supply biogas projects in Denmark.

II.2.4)Description of the procurement:

The Framework Agreement covers purchase a number of deodorizing units for injection of upgraded biogas from the distribution grid into the natural gas transmission grid in Denmark. The deodorization units for reduction of odorant (THT) in the source gas has the requirements of the export grids will be included in the reverse flow plant’s facilities. The capacity is within 5.000 Nm3/hr., to 30.000 Nm3/hr., and maximum inlet pressure 19-60 barg.

The estimated consumption during the term of the framework agreement is expected to amount to nine (9) deodorizing units in total. The estimated number of deodorizing units is one of each of the following (ID 1, ID 2, ID 3a or ID 3b, ID 4, ID 6, ID 7, ID 8 and ID 9).

The framework agreement consists of an estimated consumption for the FTB project to amount to seven (7) deodorizing units. The framework agreement consists of an initial call-off for four (4) deodorizing units (ID 1, ID 2, ID 3a or ID 3b and ID 4), will be awarded on the basis of the award of the framework agreement to the tenderer that achieves the highest score, cf. section 4.2. The deodorizing units might need to be delivered simultaneously.

The total purchase is made for a period of 4 year(s) from the signing of the framework agreement with the option of an extension for 2x2 years. Orders under the framework agreement will be allocated directly to the supplier which, in the view of the Contracting Authority, has submitted the most economically advantageous tender, see section 4.1.

II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
Value excluding VAT: 63 000 000.00 EUR
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 48
This contract is subject to renewal: yes
Description of renewals:

The framework agreement can be extended for (2x2 years) by a written notice to the Supplier no later than 3 months before the termination of the Agreement.

II.2.9)Information about the limits on the number of candidates to be invited
Envisaged minimum number: 3
Objective criteria for choosing the limited number of candidates:

If more than [3] applicants fulfill the minimum requirements, cf. section III, the Contracting Authority will prequalify the [3] applicants who are evaluated as most qualified for the specific tendered assignment. Only these applicants will be invited to submit a tender. The selection of the applicants will be based on the submitted references. That is to which extend the reference(s) are assessed to be similar to the tendered assignment, cf. section II.2.4, in terms of comparability and relevance. As a result, the number of references will not be the determining factor alone, but more importantly to which degree the specific forwarded references are comparable and relevant to the tendered assignment regarding solution and scope, especially concerning:

• Deodorization units within similar capacity and pressure levels as the tendered assignment (5.000 Nm3/hr., to 30.000 Nm3/hr., and maximum inlet pressure 19-60 barg).

• Deodorization units designed and constructed to the same standards and norms, as reverse-flow plants for injection of upgraded biogas with regard to ASME B31.3 and ASME B31.8 or equivalent.

II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: yes
Description of options:

Companies in which Energinet SOV or another company in the Energinet group acquire half or more than half of the capital or have the authority to exercise half or more than half of the voting rights or has the right to manage the company’s business regardless of the official name during the term of the Frame Agreement will have an option to use the Frame Agreement.

The at all-time existing Companies can be found here: Fakturering - praktisk info (energinet.dk)

The framework agreement can be extended for (2x2 years) by a written notice to the Supplier no later than 3 months before the termination of the Agreement.

II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

With the exception of mandatory parts, the Tender Documents may undergo changes as part of the negotiation process. The below stated is explicitly identified as subject to negotiation which may lead to changes made by the Contracting Authority during negotiations: Price regulation: The price index is subject to negotiation, and the tenderer may give suggestions to price regulation.

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation
III.1.2)Economic and financial standing
List and brief description of selection criteria:

The applicant must confirm the economic ability in the ESPD part IV.B: “Economic and financial standing” with information from the latest annual report regarding the following economic indicators:

1. Equity (total equity incl. share capital, reserves, revaluation, retained earning etc.)

2. Equity ratio (equity/total assets). This must be stated with two decimals.

If the applicant is relying on the capacities of one or more other entities (e.g. a parent or sister company or a subcontractor) or the applicant is a group of economic operators (e.g. a consortium) the information for the ESPD part IV.B must also be given in a separate ESPD from each of these entities, cf. section VI.3 “Additional information”. It is the sole responsibility of the applicant to secure that the minimum level(s) of standards required are reached on the basis of consolidation when the applicant is relying on the capacity of other entities or when the applicant is a group of economic operators (e.g. a consortium).

Minimum level(s) of standards possibly required:

Concerning 1: Equity from the latest annual report must, at the time of prequalification, be at least 675,000 EUR.

Concerning 2: Equity ratio from the latest annual report must be at least 15 pct.

Upon request the applicant must be able to document the fulfilment of minimum requirements by submitting an approved annual report or auditor’s statement containing the figures required to be disclosed in the ESPD. The applicant may also document the other fulfillment of any document that the contracting authority deems appropriate if the applicant is unable to submit the above documents.

III.1.3)Technical and professional ability
List and brief description of selection criteria:

The applicant can include the up to (5) most comparable and relevant references undertaken in the past three (3) years as part of the application. The references must be stated in the ESPD part IV.C: “Technical and professional ability”. Undertaken in the past three (3) years implies that the reference must not have been completed prior to the date reached when counting 3 years backwards from the submission date for prequalification. References older than this will not be taken into consideration. References which have not yet been fully completed / closed-out and accepted by the Employer can be included as part of the application. However, if this is the case, the applicant must describe the parts which have not yet been delivered, and this may affect the evaluation of the applicant, cf. section II.2.9.

The references should include a specific description of the work performed for each reference, including:

1. A description of the deodorization units and THT Analyzer unit

2. Inlet pressure, outlet pressure and capacity

3. Design basis used

4. Reference to directives used for authority approval

5. Contract value (if possible)

6. Contact information for the entity in question (including contact person)

7. Date of initiation and final delivery (day, month, year)

Any ambiguities and/or incomprehensibilities concerning the above information may have a negative effect on the selection of candidates, cf. section II.2.9. Please note the “description” box can contain more text than is visible. I.e. it is possible to copy paste text into the box.

If the applicant is relying on the references of one or more other entities (e.g. a parent or sister company or a subcontractor) or the applicant is a group of economic operators (e.g. a consortium) the information for the ESPD part IV.C must also be given in a separate ESPD from each of these entities.

The number of references should not surpass a maximum of the (5) most comparable and relevant references. If the applicant is relying on the capacity of one or more other entities (e.g. a parent or sister company or a subcontractor) or the applicant is a group of economic operators (e.g. a consortium) the maximum number of references to be submitted must still be respected and cannot exceed (5) when combined. If more than (5) references are included, the Contracting Authority will only consider the (5) most recent references determined by date of final delivery (in this case not yet finished references will not be included).

III.1.4)Objective rules and criteria for participation
List and brief description of rules and criteria:

The applicant must submit a completed version of the ESPD.

Applicants may not be subject to the mandatory grounds for exclusion, cf. the Danish Public Procurement Act (udbudsloven) Section 135 (1-3) and 136.

Please see section VI.3 “Additional information” for further information regarding the ESPD. The application must be submitted through EU-Supply, cf. link in section I.1 in this TED announcement. Applications not submitted via EU-supply or received after the deadline will not be accepted.

The Contracting Authority reserves the right to request the applicant to supplement, specify or complete the information submitted.

III.1.6)Deposits and guarantees required:

The information is stated in the Tender Documents.

III.1.7)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

The information is stated in the Tender Documents.

III.1.8)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

The information is stated in the Tender Documents.

III.2)Conditions related to the contract
III.2.2)Contract performance conditions:

The information is stated in the tender material.

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Negotiated procedure with prior call for competition
IV.1.3)Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
Framework agreement with a single operator
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 13/04/2023
Local time: 12:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
IV.2.4)Languages in which tenders or requests to participate may be submitted:
English
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Duration in months: 3 (from the date stated for receipt of tender)

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about electronic workflows
Electronic invoicing will be accepted
Electronic payment will be used
VI.3)Additional information:

This is a negotiated tender, which means that companies wishing to participate in the tender process must first apply for pre-qualification.

Applications must be uploaded and submitted via the tender system before the application deadline.

No remuneration is paid for participation in the tender process.

Any questions about the application process must be asked via the tender system. All questions will be answered to the extend that is possible to submit an answer no later than 6 calendar days before the application deadline. Questions and answers, as well as any corrections will be published in the tender system on an ongoing basis.

The applicant must submit a completed ESPD to apply for prequalification for this tender procedure. The ESPD for this tender can be found via EU-supply. The ESPD must be completed in EU-Supply and submitted via “My Response”.

A guide to the ESPD can be found on the webpage of the Competition and Consumer Authority (www.KFST.dk) in Danish (the Contracting Authority is not responsible for the content of the guide).

Please note:

- An applicant participating on its own, but relying on the capacities of one or more other entities (e.g. a parent or sister company or a subcontractor), must ensure that the application includes the applicants own ESPD together with a separate ESPD from each of the entities it relies on with a completed part II: “Information concerning the economic operator” and part III: “Exclusion grounds” of the ESPD as well as the relevant information regarding part IV: “Selection criteria” and part V: “Reduction of the number of qualified candidates”. The ESPD from each of the entities should be duly filled and signed by the entities concerned.

Further where an applicant wants to rely on the capacities of other entities, it shall prove to the contracting authority that it will have at its disposal the resources necessary, for example, by producing a commitment by those entities to that effect, which must be submitted as part of the final documentation.

- Where groups of economic operators, including temporary associations, participate together in the procurement procedure, a complete separate ESPD for each of the participating economic operators must be submitted.

Further, the final documentation must include a signed declaration by all parties of the group of economic operators (joint venture, consortium or other) stating that all economic operators assume joint and several liabilities towards the Contracting Authority for the performance of the contract as a whole.

VI.4)Procedures for review
VI.4.1)Review body
Official name: Klagenævntet for Udbud
Postal address: Nævnenes Hus, Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405708
Internet address: https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Complaints regarding a candidate not being pre-qualified must be filed with The Complaints Board for Public Procurement within 20 calendar days starting the day after the contracting authority has sent notification to the candidates involved, provided that the notification includes a short account of the relevant reasons for the decision.

Other complaints must be filed with The Complaints Board for Public Procurement within:

1. 45 calendar days after the contracting authority has published a contract award notice in the Official Journal of the European Union (with effect from the day following the publication date);

2. 30 calendar days starting the day after the contracting authority has informed the tenderers in question, that the contracting authority has entered into a contract based on a framework agreement through reopening of competition or a dynamic purchasing system, provided that the notification includes a short account of the relevant reasons for the decision;

3. 6 months starting the day after the contracting authority has sent notification to the candidates/tenderers involved that the contracting authority has entered into the framework agreement, provided that the notification included a short account of the relevant reasons for the decision.

VI.4.4)Service from which information about the review procedure may be obtained
Official name: Konkurrence- og Forbrugerstyrelsen
Postal address: Carl Jacobsen Vej 35
Town: Valby
Postal code: 2500
Country: Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Internet address: http://www.kfst.dk
VI.5)Date of dispatch of this notice:
13/03/2023