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Works - 212363-2015

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20/06/2015    S118

Spain-Alicante: Design and construction of phase 3 (AA3) of the headquarters of the Office for Harmonization in the Internal Market in Alicante

2015/S 118-212363

Contract notice

Works

Directive 2004/18/EC

Section I: Contracting authority

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

Official name: Office for Harmonization in the Internal Market (trade marks and designs)
Postal address: Avenida de Europa, 4
Town: Alicante (Alicante)
Postal code: 03008
Country: Spain
For the attention of: Lola Font Pérez
E-mail: procurement@oami.europa.eu

Internet address(es):

General address of the contracting authority: https://oami.europa.eu/ohimportal/en/public-procurement

Electronic access to information: https://etendering.ted.europa.eu/cft/cft-display.html?cftId=908

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

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from:
Official name: Office for Harmonization in the Internal Market (trade marks and designs)
Postal address: Avenida de Europa, 4
Town: Alicante (Alicante)
Postal code: 03008
Country: Spain
E-mail: procurement@oami.europa.eu
Fax: +34 965138500
Internet address: https://etendering.ted.europa.eu/cft/cft-display.html?cftId=908

Tenders or requests to participate must be sent to:
The above mentioned contact point(s)

I.2)Type of the contracting authority
European institution/agency or international organisation
I.3)Main activity
General public services
I.4)Contract award on behalf of other contracting authorities
The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract by the contracting authority:
Design and construction of phase 3 (AA3) of the headquarters of the Office for Harmonization in the Internal Market in Alicante.
II.1.2)Type of contract and location of works, place of delivery or of performance
Works
Design and execution
Main site or location of works, place of delivery or of performance: Avda. Europa, 4 (Alicante).

NUTS code ES521 Alicante / Alacant

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 main aim of this call for tenders is the design and construction of a new building for the Office for Harmonization in the Internal Market (OHIM).
This building will be located on plot UT-2 of the Aguamarga development site and will be adjacent to the existing OHIM headquarters, currently located at Avenida de Europa, 4, Alicante, Spain.
II.1.6)Common procurement vocabulary (CPV)

71220000 Architectural design services, 45200000 Works for complete or part construction and civil engineering work

II.1.7)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): no
II.1.8)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:
Estimated value excluding VAT:
Range: between 12 000 000 and 15 000 000 EUR
II.2.2)Information about options
Options: no
II.2.3)Information about renewals
This contract is subject to renewal: no
II.3)Duration of the contract or time limit for completion

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Deposits and guarantees required:
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
III.1.4)Other particular conditions
The performance of the contract is subject to particular conditions: no
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: candidates will be excluded from participating in this call for tenders if:
(a) they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;
(b) they or persons having powers of representation, decision making or control over them have been convicted of an offence concerning their professional conduct by a judgment of a competent authority of a Member State which has the force of 'res judicata';
(c) they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify including by decisions of the EIB and international organisations;
(d) they have not fulfilled their obligations regarding payment of social security contributions or taxes in accordance with the legal provisions of the country in which they reside, the contracting authority's country or the country where the contract is to be performed;
(e) they or persons having powers of representation, decision making or control over them have been the subject of a judgment which has the force of 'res judicata' for fraud, corruption, involvement in a criminal organisation, money laundering or any other illegal activity, where such illegal activity is detrimental to the Union's financial interests;
(f) they are subject to an administrative penalty referred to in Article 109(1) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25.10.2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002;
(g) they are subject to a conflict of interests;
— natural persons and legal entities that have collaborated in the drafting of the conditions or technical specifications of the project under this call for tenders, or that have contributed in another way to defining the activities which will be carried out under this contract, will not be allowed to participate in this call for tenders, whether it be as tenderer, member of a consortium, subcontractor or staff member of the tenderer,
— however, should 1 of the persons indicated above participate in the call for tenders, his tender will be rejected by the OHIM;
(h) they are guilty of misrepresenting the information required by the contracting authority as a condition of participation in the procurement procedure or fail to supply that information.
III.2.2)Economic and financial ability
Information and formalities necessary for evaluating if the requirements are met: in order to demonstrate his economic and financial capacity to carry out the contract, the candidate must provide the following documentation:
— proof of professional risk insurance with a minimum cover of at least 2 000 000 EUR for engineering and architecture companies and 5 000 000 EUR for construction companies,
— bank references concerning the company's solvency,
— certified financial statements and external audit reports for the past 3 financial years for which accounts have been closed, or other equivalent documentation (e.g. where company law in the tenderer's country of residence does not require publication of balance sheets),
— statement as to an annual turnover during the past 3 financial years for which accounts have been closed (2012, 2013 and 2014) in the following fields of activity:
— construction works: 30 000 000 EUR,
— architectural and engineering services: 2 000 000 EUR.
In the case of a grouping of companies, the turnovers for the various companies must be provided in relation to each corresponding field (architectural and engineering services or construction works).
If a candidate is active in various fields of activity, details of the amounts related to the specific fields must be specified in order to verify the candidate's financial and economic capacity in the corresponding fields.
This criterion shall apply to the grouping of tenderers as a whole;
— should candidates rely on the capacities of other entities, a written commitment from such entities confirming that they will provide candidates with the resources needed to carry out the contract. These entities will be jointly and severally liable for contract performance. A statement must be enclosed as in Annex 9A to the response form (RF) for a parent company, Annex 9B to the RF for a grouping of companies (e.g. consortium) or Annex 9C to the RF for a grouping of companies which shall constitute a temporary association of companies.
III.2.3)Technical capacity
Information and formalities necessary for evaluating if the requirements are met:
candidates must prove they have sufficient technical and professional capacity to carry out the contract. To this end, they must provide documents meeting the following criteria:
— presentation of the company: the candidate must enclose a short description of the company or various companies participating in the grouping of companies: history, activities (please enclose the relevant documents) and internal organisation,
— the candidate must provide a list of the main contracts (also referred to as 'references') carried out in the past 3 years in relation to services and works similar in terms of type, complexity and size to those described in this call for tenders.
Specifically, at least 3 contracts must be provided for design services, as well as at least 3 contracts for construction works that meet the following conditions:
to be considered similar in terms of type, complexity and size, these contracts must comprise (for the design service) the design and development of basic designs and work plans, as well as projects for the environmental permit.
To be considered similar in terms of type, complexity and size, these contracts must comprise (for construction works) the construction of buildings, involving construction tasks relating to civil engineering and the installation of all building facilities.

In both cases, these contracts must be for administrative buildings with a surface area of at least 10 000 m2 (constructed surface area).

For each contract, the candidate must provide a description of the following information:
— number of companies that have performed the design services or construction works,
— description of the services and works performed by the companies. If part of a grouping, the works performed by the company submitting an application must be specified.
The works performed in the various fields must be specified.
For example: for design services, the following must be specified:
drafting of the installation project, drafting of the basic blueprint.
For construction works, the following (for example) must be indicated:
construction of structures, installation of air-conditioning and security facilities.
— Project description. A short description of the project must be provided and, if deemed relevant, images or technical plans of the building (maximum format: A3) will be enclosed.

Constructed surface area in m2.

Start date of the services or construction works.
Completion date of the services or construction works.
Location.
Client.
To consider a contract as having been carried out in the past 3 years, the works or services provided must have been accepted during said period, i.e. the document (certificate of satisfactory performance) stating acceptance of the construction works or design services must have been signed by the developer after 1.1.2012. To guarantee this requirement, a certificate of satisfactory performance duly signed by a representative authorised by the contract's awarding authority must be provided.
The following must be specified in the certificate of satisfactory performance:
— title of the services or works provided,
— the company that performed them,
— location,
— start and completion dates,
— constructed surface area,
— contractual value of the services/works,
— whether they were performed correctly and in a professional manner.
Final completion certificates will not be considered as works acceptance documents.
In the case of participation in references comprising the design and drafting of projects and the expert management of works, the duration of services concerning this call for tenders only must be documented in the reference submitted (the expert management of works is not included).
If the references concern projects carried out by a group of which the candidate was a member, the part of the engineering and architectural services and construction works performed by the candidate must be clearly stated, and only said part will be taken into consideration in order to verify the candidate's capacity.
This criterion shall apply to the grouping of tenderers considered as a whole.
— The candidate must provide the company's average annual workforce and number of technical and administrative staff during the past 3 years.
In the case of a grouping of tenderers, each member thereof must provide this information,
— quality management certification: the candidate must provide a valid certificate issued by accredited certification institutions or bodies for quality control stating, in particular, that the candidate has a quality assurance certification (ISO 9001 or equivalent) for the type of services and works required in this call for tenders.
The certificates provided must cover all the fields related to this contract.
In the case of a grouping of tenderers, each member thereof must provide a certificate,
— environmental management certificate: the candidate must provide a valid certificate issued by accredited certification institutions or bodies for the environment stating, in particular, that the candidate has a certificate (EMAS, ISO 14001 or equivalent) for environmental-management assurance measures for the type of services and works required in this call for tenders.
In the case of a grouping of tenderers, at least 1 member thereof must provide a certificate,
— recent proof of entry on the trade or professional register: the candidate must provide a recent certificate of entry on the trade register or an official document from a public agency specifying the company's field of activity (e.g. a certificate of entry on the register of accredited companies); this criterion shall apply to each grouping member,
— declaration certifying that, should the tenderer be awarded the framework contract, and as services are to be provided on Spanish territory, he undertakes to comply with provisions under Spanish law as regards health and safety in the workplace; this criterion shall apply to each grouping member.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts
III.3.1)Information about a particular profession
III.3.2)Staff responsible for the execution of the service

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
Restricted
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 criteria
The 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
An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority:
AO/007/15.
IV.3.2)Previous publication(s) concerning the same contract
no
IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document
IV.3.4)Time limit for receipt of tenders or requests to participate
20.7.2015
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 up
Any EU official language
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 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
The call for tender documents will be available for download at the address stated in point I.1. The website will be updated periodically and it is the responsibility of tenderers to check for updates, amendments or answers to questions during the tender period.
VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures

Official name: General Court
Postal address: rue du Fort Niedergrünewald
Town: Luxembourg
Postal code: 2925
Country: Luxembourg
E-mail: generalcourt.registry@curia.europa.eu
Telephone: +352 4303-1
Fax: +352 4303-2100
Internet address: http://curia.europa.eu

VI.4.2)Lodging of appeals
Precise information on deadline(s) for lodging appeals: within 2 months of the date on which the party concerned is notified or, failing this, of the date on which the act in question became known to them.
VI.4.3)Service from which information about the lodging of appeals may be obtained
VI.5)Date of dispatch of this notice:
11.6.2015