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Services - 168482-2014

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20/05/2014    S96    Services - Contract notice - Negotiated procedure 

Denmark-Copenhagen: Risk or hazard assessment for construction

2014/S 096-168482

Contract notice – utilities

Services

Directive 2004/17/EC

Section I: Contracting entity

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

Official name: Metroselskabet I/S
Postal address: Metrovej 5
Town: København S
Postal code: 2300
Country: Denmark
Contact person: Department for Miljø, Myndigheder og Sikkerhed (MMS)
For the attention of: Peter Olsen
E-mail: pos@m.dk
Telephone: +45 72424518

Internet address(es):

General address of the contracting entity: http://www.m.dk

Electronic access to information: http://www.bascon.dk/da/udbud

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

Specifications and additional documents (including documents for a dynamic purchasing system) can be obtained from: Official name: Bascon A/S
Postal address: Baunegårdsvej 73A
Town: Hellerup
Postal code: DK 2900
Country: Denmark
Contact person: Dept. K-byg
For the attention of: Carsten Larsen
E-mail: cla@bascon.dk
Telephone: +45 40631014
Internet address: http://www.bascon.dk

Tenders or requests to participate must be sent to:
Official name: Bascon A/S
Postal address: Baunegårdsvej 73A
Town: Hellerup
Postal code: DK 2900
Country: Denmark
Contact person: Dept. K-byg
For the attention of: Carsten Larsen
E-mail: cla@bascon.dk
Telephone: +45 40631014
Internet address: http://www.bascon.dk

I.2)Main activity
Urban railway, tramway, trolleybus or bus services
I.3)Contract award on behalf of other contracting entities

The contracting entity is purchasing on behalf of other contracting entities: yes

Official name: Ring 3 Letbane I/S (under prom
Postal address: Metrovej 5
Town: København S
Postal code: DK 2300
Country: Denmark

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting entity:
LR3CS7, - Ring 3 Light Rail - Independent Safety Assessor
II.1.2)Type of contract and location of works, place of delivery or of performance
Services
Service category No 12: Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services
Main site or location of works, place of delivery or of performance: At the service provider's home address, at Metroselskabets office located at Metrovej 5, DK-2300 Copenhagen S and at the offices of the Ring 3 Letbane I/S (under promotion).

NUTS code DK01

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):
Establishment of a light rail along Ring 3 from Lyngby to Ishøj has been agreed between the Danish State,
Region Hovedstaden (The capital region of Denmark) and the following 11 Ringby Municipalities along Ring 3:
Lyngby-Taarbæk, Gladsaxe, Herlev, Albertslund, Rødovre, Glostrup, Brøndby, Hvidovre, Vallensbæk, Ishøj and
Høje-Taastrup.
The Ring 3 light rail will have 27 stations on a 27-kilometre line.
Frequent services at five-minute intervals on weekdays make the light rail an attractive public transport solution.
The light rail is expected to carry 13-14 million passengers a year. The passenger total may increase to 17-18
million as the urban areas gradually develop.

Further information on the light rail is available at www.ringtre.dk in Danish language. A summary in English

language is also available: http://www.ringtre.dk/fileadmin/filer/freesites/ringtre/filer/Letbane/Dokumenter/

resume_UK_final.pdf
Consulting services:
The Consulting services for the design work on the light rail will be divided into the following contracts:
- LR3CS1 Roads (including roads, traffic during Construction and afterwards, bridges and tunnels, utilities)
(consultant chosen);
- LR3CS2 Environmental Impact Asssessment (consultant chosen);
- LR3CS3 Transportation Systems (including operation) (consultant chosen);
- LR3CS4 Architecture and landscape (consultant chosen);
- LR3CS5 Areas and Rights (Procurement ongoing);
- LR3CS6 Surveying assistance (Procurement ongoing);
- LR3CS7 Independent Safety Assessor (current notice).
The present contract notice comprises LR3CS7, Independent Safety Assessor.
The LR3CS7, Indendent Safety Assessor will be procured to assess all aspects of the specifications, design, manufacture, construction, installation, training, testing, commissioning, trial running and final acceptance of the Light Rail Transit system to verify compliance with the governing standards for the assessment services and the standards governing safety of the Ring 3 Light Rail.
Legislative basis for development of the project: A Law will be enacted by Parliament authorising construction of the Ring 3 Light Rail. Legislation, regulations, standards and norms governing safety of the design and operation of the Ring 3 Light Rail shall include (but are not limited to):
- The applicable procedures for regulatory approval by the Danish Transport Authority (Trafikstyrelsen) must be complied with, including Order No. 56 of 24 January 2013 concerning approval of the light rail vehicles, Order No. 1187 of 12 December 2012 concerning authorisation for operation of railway subsystems, Order No. 14 of 4 January 2007 concerning safety certification of railway companies, Order No. 13 of 4 January 2007 concerning safety certification of railway infrastructure managers and Chapters 3 and 4 of the Rail Act concerning permission to operate rail services and managing rail infrastructure.
- BOStrab (Verordnung über den Bau und Betrieb der Strassenbahnen) and BOStrab-Richtlinien;
- Applicable standards of Verband Deutscher Verkehrsunternehmen” (Association of German Transport Companies – VDV);
- Applicable Danish norms and standards;
- CENELEC railway standards EN 50126, 50128, 50129 (safety management, verification and validation);
- Applicable requirements of the CEN 45545 fire safety standards.
- The safety assessments shall be carried out pursuant to EN 50126 (RAMS), EN 50128 and EN 50129, which correspond respectivelyl to IEC 62278, IEC 62279 and IEC 62425.

Metroselskabet has prepared a document: “Information document - public procurement procedure for consulting services - Ring 3 Light Rail” (hereinafter refered to as the "Infodocument"), which gives potential applicants for prequalification further information about the assignment. The document is available at http://www.bascon.dk/da/udbud.

II.1.6)Common procurement vocabulary (CPV)

71313410, 71311200, 71317210, 90711100

II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
II.1.8)Information about lots
This contract is divided into lots: no
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:
Reference is made to II.1.5) and the above mentioned Infodocument.
II.2.2)Information about options
Options: yes
Description of these options: Assessor assistance during the preliminary phase of operation
II.2.3)Information about renewals
This contract is subject to renewal: no
II.3)Duration of the contract or time limit for completion
Duration in months: 70 (from the award of the contract)

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
Will be stated in the tender documents.
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
Will be stated in the tender documents.
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
A group of economic operators must be jointly and severally liable for the performance of the contract. A declaration to this effect must be submitted if a tender is submitted.
III.1.4)Other particular conditions:
The performance of the contract is subject to particular conditions: yes
Description of particular conditions: a) Overall aspects of the agreement are described in the Infodocument.
b) In case Ring 3 Letbane I/S is not fully established at the time for contract award Metroselskabet I/S may be the contract holder. In this case a clause will be included in the contract giving Metroselskabet I/S the right to transfer the contract (all rights and obligations) to Ring 3 Letbane I/S.
c) The contract, which is a part of the tender documents, contains social considerations.
d) The Independent Safety Assessor who will be assigned to the task must comply with the standards of EN/ISO/IEC-17020 and shall be approved by the Danish Railway Authority (Trafikstyrelsen (note in particular Order No. 56 and No. 1187, cf. section II.1.5)) before a contract can be entered into.
e) The Independent Safety Assessor must ALSO be able to fulfill the requirements to an independent assessment body which comes into force 2015-05-21 by the revised CSM-RA, ref: "COMMISSION IMPLEMENTING REGULATION (EU) No 402/2013 of 30 April 2013 on the common safety method for risk evaluation and assessment and repealing Regulation (EC) No 352/2009
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: 1) The request for participation must be submitted in three copies with the same wording and a digital copy on a USB or a CD.
2) The request may specify the company(ies) requesting prequalification; phone number; e-mail address and name of a contact person.
3) The request must include a general description of the company.
4) According to Consolidation Act No. 336 of 13 May 1997, the applicant must enclose a solemn declaration in respect of due, unpaid debt to the authorities.
5) The request must also be accompanied by a solemn declaration to the effect that the applicant is not excluded from participating in the tender procedure for reasons specified in Article 54 (4), second sentence(corresponding to the Public Procurement Directive, Article 45 (1)), and that the applicant is not excluded from participating in the tender procedure for reasons covered by the Public Procurement Directive, Article 45 (2),letters a, b, c, e and f.
If the request for participation comes from a consortium, the above-mentioned information in nos. 2-5 must be given for each participant in the consortium.

A template for the solemn declarations mentioned in nos. 4 and 5 above is available at http://www./bascon.dk/da/udbud

III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: 6) The request must be accompanied by information on the applicants economic key figures for the three last available years as follows:
— turnover;
— profit/loss for the year;
— equity capital;
— total assets.
The information can be given as a table, dated and signed by the applicant, Metroselskabet would prefer not receive annual reports.
Metroselskabet I/S reserves the right to obtain audited annual reports upon request.
— If the request for participation comes from a consortium, the above mentioned information must be submitted for each participant in the consortium.
— If the application is based on economic and financial capacity of a third party (e.g. a parent company), such information must also be enclosed for such third party; furthermore, an availability declaration from the third party must be enclosed, cf. Article 54 (5) of the Utilities Directive.

A template for the availability declaration is available at http://www.bascon.dk/da/udbud

Minimum requirements regarding economic and financial capacity:
There must be no risk worth mentioning that for financial reasons the applicant will not be able to complete the assignment satisfactorily.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met: 7) The application must be accompanied by references for comparable assignments to the one put out to tender.
Each reference may contain a description of the nature of each project, the client, a contact person if available, the physical and financial size of the project, the work performed by the applicant and the time frame of the project carried out. The project must be carried out within the last five years.
8) The request must be accompanied by information about the applicant's approximate number of employees in total and relevant for the task put out to tender.
9) Documentation of the company's fulfillment of the particular conditions described in the above paragraph III.1.4
— If the request for participation comes from a consortium, the above-mentioned information must be given for each participant in the consortium.
— If the application is based on technical capacity from a third party (e. g. a subconsultant), the said informationmust also be given for the third party; in addition, an availability declaration from the third party must beenclosed, cf. Article 54 (6) of the Utilities Directive.

A template for the availability declaration is available at http://www.bascon.dk/da/udbud.

Minimum requirement regarding technical capacity:
The applicant must document solid experience with – and competence for – solving assignments comparable to the one offered for tender.
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: yes
Reference to the relevant law, regulation or administrative provision: The Independent Safety Assessor who will be assigned to the task must comply with the standards of EN/ISO/IEC-17020 and shall be approved by the Danish Railway Authority (Trafikstyrelsen) before a contract can be entered into.
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
Negotiated
Some candidates have already been selected (if appropriate under certain types of negotiated procedures): no
IV.2)Award criteria
IV.2.1)Award criteria
The most economically advantageous tender in terms of the criteria stated in the specifications or in the invitation to tender or to negotiate
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 entity:
IV.3.2)Previous publication(s) concerning the same contract
no
IV.3.3)Conditions for obtaining specifications and additional documents (except for a DPS)
IV.3.4)Time limit for receipt of tenders or requests to participate
16.6.2014 - 12:00
IV.3.5)Language(s) in which tenders or requests to participate may be drawn up
Danish. English.
IV.3.6)Minimum time frame during which the tenderer must maintain the tender
IV.3.7)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:
Three tenderers will be selected from among the applicants that comply with the minimum requirements of item III.2) of the contract notice.
The selection of Tenderers will be based on an overall assessment of how the contracting authority can obtain the most attractive tenders. This overall assessment comprises the below items A and B:
A) An assessment of technical capacity and competence on the basis of information requested in item III.2.3) of the contract notice.
B) An assessment of the applicant's capacity in regard to whether the applicant will be able to carry out the assignment quickly and flexibly, assessed on the basis of the information requested in item III.2 of the contract notice.
Regarding additional information in respect of other issues than selection criteria of tenderers reference is made to the above-mentioned Infodocument.

Questions (if any) to the procurement process shall be sent to cla@bascon.dk. Answers will be uploaded at www.bascon.dk/da/udbud

Note: the contract language will be in Danish. The working language will be either Danish or English.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Official name: Klagenævnet for Udbud
Postal address: Dahlerup Pakhus, Lange Linie Allé 17
Town: København Ø
Postal code: DK 2100 Ø
Country: Denmark
E-mail: klfu@eogs.dk
Telephone: +45 33307700
Internet address: www.klfu.dk

VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: Complaint against not being prequalified shall be lodged to Klagenævnet for Udbud not later than 20 calendar days counted from the day after the day the client has sent a notification to the affected applicants. Complaint in respect of other issues than not being prequalified shall be lodged to Klagenævnet for Udbud not later than 45 calendar days after contract award is published in TED.
VI.4.3)Service from which information about the lodging of appeals may be obtained

Official name: Konkurrence- og Forbrugerstyrelsen - Center for Udbudsregler
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postal code: DK 2500
Country: Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715100
Internet address: www.ks.dk

VI.5)Date of dispatch of this notice:
15.5.2014