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Denmark-Copenhagen: Railway engineering services
Contract notice – utilities
Section I: Contracting entity
Main address: https://femern.com/en
Section II: Object
Framework Agreement for Railway Technical Consultancy Services
The consultant's services cannot be described exhaustively. However, the consultant is expected to perform the following services:
— assistance in the preparation of the basic design of railway works and assistance in the preparation and completion of the tender processes,
— review of the contractor’s detailed design as well as supervision of the construction of the railway works,
— assistance in the testing and commissioning processes,
— assistance in defining and managing technical interfaces (related to e.g. track, electrification, signalling and communication), and
— general services related to the project — relevant throughout the entire contract period.
The Framework Agreement shall cover railway consultancy services throughout the remaining part of the project as well as in connection with the transition from construction phase to operational phase and in the beginning of the operational phase. Thus, Femern A/S has inserted an option to extend the lenght of the Framework Agreement with 3 x 2 years. Please also refer to VI.3.
If more than 5 candidates fulfil the fixed minimum requirements and are not subject to grounds for exclusion Femern A/S will make its selection based on the list of deliveries/references. In this respect Femern A/S will identify the best and most relevant references. Femern A/S will base its evaluation of the references on Section 3 of the Scope of Services (Schedule 1). It will be regarded positively in the assessment of the relevance if each reference fulfils as many of the minimum requirements as possible, see Section III.1.3), and if the references cover projects delivered in accordance with especially German railway regulation. It will also be regarded positively in the assessment of the relevance if the references cover projects delivered in accordance with Danish railway regulation. Please note that any ambiguities and/or unclearness in the information submitted in the ESPD in response to section III.1.3) may be regarded negatively in the evaluation when selecting the limited number of candidates.
The construction of the fixed link across the Fehmarn Belt receives EU funding from the CEF programme under project code 2014-EU-TM-0221-W.
The contract is tendered as one single agreement in order to achieve economics of scale, reduced costs for administration of the contract and a better understanding of the scope of services. Dividing the contract into lots is not considered to lead to a higher level of competition.
Section III: Legal, economic, financial and technical information
As a minimum requirement the candidate must document that the candidate for each of the last 3 financial years have had a solvency ratio of at least 15 percent and an annual turnover of at least 10 000 000 EUR.
The candidate must complete and submit the European Single Procurement Document (“ESPD”) as preliminary documentation for the purpose of assessing whether the minimum requirement for economic and financial suitability are fulfilled.
Before Femern A/S decides to award the Framework Agreement, Femern A/S shall require that the tenderer to which Femern A/S intends to award the Framework Agreement presents documentation of the information provided in the ESPD. The following documentation must then be provided: The candidate’s/tenderer’s annual reports for the last 3 financial years or excerpts hereof if publication of annual reports is required under the law of the country in which the candidate or tenderer is established or any other documentation for the candidate’s annual turnover and solvency ratio.
As minimum requirements the candidate is required to document:
— at least 1 reference covering a infrastructure project where the tenderer has delivered consultancy services related to track, catenary and signalling systems,
— at least 1 reference covering consultancy services related to single phase high volt-age (HV) power supply,
— at least 1 reference covering testing and commissioning of railway infrastructure.
Please note, that 1 reference may cover more than one or even all of the above minimum requirements.
The candidate must fill incomplete and submit the ESPD as preliminary documentation for the purpose of assessing whether the below minimum requirements for technical and professional ability are fulfilled. The list of deliveries of services must be inserted under Part IV, C of the ESPD and is the final documentation. No further evidence or documentation regarding technical and professional ability will be requested before Femern A/S awards the Framework Agreement, however Femern A/S reserves the right to contact the customer indicated on each delivery in order to verify the reference.
Candidates shall consider that the Framework Agreement contains requirements in relation to conflicts of interest which will prohibit the consultant from assisting the contractors performing railway works for Femern A/S. Further, please notice that the Framework Agreements contain requirements in relation to CSR.
Section IV: Procedure
Section VI: Complementary information
1) In parallel with the tender processes for the procurement of this Framework Agreement a tender process for the procurement of a Framework Agreement for railway safety consultancy services are being carried out. The consultant under the Framework Agreement for railway safety consultancy services shall carry out quality control with material delivered by the consultant under this Framework Agreement. Due to the risk of problems in regards to conflict of interest the same tenderer cannot win both Framework Agreements. Furthermore, it will also not be possible for a group of legal persons, public entities and/or economic operators, or any tenderer which relies on other subcontractors/sub-consultants to be awarded the Framework Agreement for railway safety consultancy services if one or more of the group members or one or more of the subcontractors/sub-consultants is also affiliated with the winner of this Framework Agreement. Notwithstanding the above, candidates are welcome to apply for pre-qualification to participate in both of the tendering procedures, but it is emphasised that a tenderer can only be awarded one of the Framework Agreements. In this respect, Femern A/S has decided that this Framework Agreement shall take precedence. This means that if a tenderer has sumitted a tender for both Framework Agreements and if said tenderer is awarded this Framework Agreement, Femern A/S will reject the tenderer’s tender for the Framework Agreement for railway safety consultancy services which will then not be evaluated. This will also apply if Femern A/S notes that one or more of the group members or one or more of the subcontractors/sub-consultants participating in a tender under the Framework Agreement for railway safety consultancy services tender procedure is also affiliated with the winner of this Framework Agreement;
2) Due to the complexity of the project it would be extremely burdensome for Femern A/S to replace the consultant during the construction phase as well as during test and commissioning. The chosen consultant will gain a unique insight into and knowledge of the project which would not be possible to hand over to a new consultant without the risk of loss of knowledge, substantial cost, resources and significant consequences for the time schedule. It is therefore crucial for Femern A/S to have the possibility to extend the Framework Agreement by 3 x 2 years in order to ensure the availability of the consultant for the total duration of the project and the initiation of the operational phase. Please also refer to II.2.7;
3) Re the ESPD: the applicant must complete and submit the electronic ESPD which serves as preliminary evidence of fulfilment of the conditions for participation in the tender procedure, including that the applicant is not subject to the grounds for exclusion. Femern A/S reserves the right, at any time during the tendering procedure, to request an applicant to provide documentary proof, cf. Section 151 of the Danish Procurement Act, if required to ensure the proper execution of the procedure. In this situation, Femern A/S will set an appropriate deadline for the submission of documentation. Femern A/S intends to ask the applicants to provide documentation prior to the decision on pre-qualification. Before awarding the Framework Agreement, the tenderer to whom Femern A/S intends to award the agreement must provide documentation concerning the information in the ESPD, cf. Section 153 of the Danish Public Procurement Act. Femern A/S has prepared the electronic ESPD for the economic operator to fill out. The electronic ESPD is available at the link set out in Section I.3. For further information on the requirements to the request for pre-qualification and the tender procedure please refer to the Tender Conditions available at the link set out in Section I.3;
4) Reference is made to the tender conditions clause 5.6 regarding changes to the composition of the tenderer.
Internet address: https://klfu.naevneneshus.dk/
Pursuant to the Danish Act No 492 of 12.5.2010 with subsequent amendments regarding the complaints board for public procurement, 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, if the notification includes a short account of the relevant reasons for the decision.
Complaints regarding other decisions related to the tender must be filed with The Complaints Board for Public Procurement within 6 months after the Contracting Authority has sent notification to the candidates/ tenderers involved that the Contracting Authority has entered into the Framework Agreement if the notification included a short account of the relevant reasons for the decision.
The complainant must inform the Contracting Authority of the complaint in writing at the latest simultaneously with the lodging of the complaint to the Complaints Board for Public Procurement. The complainant shall state whether the complaint has been lodged in the stand-still period. If the complaint has not been lodged in the standstill period, the complainant must also state whether the complainant has requested that the complaint be granted suspensive effect.
Internet address: http://www.kfst.dk